IN DISASTER and crisis situations, what are allowed, and what are prohibited, acts?
One of the following acts may cost a public official or citizen stiff penalty or jail term under Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010.
A. Imposition of price ceilings on basic necessities and prime commodities by the President.
B. Preventing the entry and distribution of relief goods in disaster-stricken areas.
C. Government financing institutions granting no-interest loans to the affected victims.
D. Reprogramming of funds for the repair and upgrading of public infrastructure and facilities.
Which is which?
Letters A, C, and D are remedial measures that must be undertaken immediately upon the declaration of a state of calamity by either the President or the local council or Sanggunian.
Letter B, meanwhile, is among the prohibited acts enumerated in Section 19 of RA No. 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010.
Apart from preventing the entry and distribution of relief goods in disaster-stricken areas, the law also prohibits the following acts:
1. Dereliction of duty, which leads to destruction, loss of lives, critical damage of facilities and misuse of funds;
2. Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment or other aid commodities intended for distribution to disaster-affected communities;
3. Buying, for consumption or resale, from the recipient disaster-affected persons any relief goods, equipment or other aid commodities;
4. Selling of relief goods, equipment or other aid commodities intended for distribution to disaster victims;
5. Forcibly seizing relief goods, equipment or other aid commodities intended for or consigned to a specific group of victims or relief agency;
6. Diverting or misdelivery of relief goods, equipment or other aid commodities to persons other than the rightful recipient or consignee;
7. Accepting, possessing, using or disposing relief goods, equipment or other aid commodities not intended for nor consigned to him/her;
8. Misrepresenting the source of relief goods, equipment or other aid commodities by:
* Either covering, replacing or defacing the labels of the containers to make it appear that the goods, equipment or other aid commodities came from another agency or persons;
* Repacking the goods, equipment or other aid commodities into containers with different markings to make it appear that the goods came from another agency or persons or were released upon the instance of a particular agency or persons;
* Making false verbal claim that the goods, equipment or other aid commodity in their untampered original containers actually came from another agency or persons or were released upon the instance of a particular agency or persons;
9. Substituting or replacing relief goods, equipment or other aid commodities with the same items that are cheaper or of inferior quality;
10. Illegal solicitation by persons or organizations representing others as defined in the standards and guidelines set by the National Disaster Risk Reduction and Management Council (NDRRMC);
11. Deliberate use of false or inflated data in support of the request for funding, relief goods, equipment or other aid commodities for emergency assistance or livelihood projects; and
12. Tampering with or stealing hazard-monitoring and disaster-preparedness equipment and paraphernalia.
Subject to the discretion of the court, violators of R.A. No. 10121 may be fined from P50,000 to P500,000; imprisoned for at least six years and one day to 12 years; or be fined and jailed at the same time.
In all cases, the objects and the instrumentalities used in committing any of the prohibited acts will be confiscated and forfeited in favor of the government.
If the offender is a public officer, he or she may also face perpetual disqualification from public office.
If the offender is a corporation, partnership or association, or other juridical entity, the penalty “shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for the violation,” without prejudice to the cancellation or revocation of their license or accreditation from government licensing or accreditation agencies.
If the offender is a foreigner, in addition to the penalties cited above, he or she “may be deported without further proceedings after service of the sentence.”
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