EO No. 10 Forced Evac
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The paper presents Executive Order No. 10 regarding Forced Evacuation in the municipality of Banate, outlining definitions of key terms like disaster, imminent danger, and forced evacuation. It emphasizes community preparedness and mitigation strategies, including training residents on disaster risks and coordination among local officials and agencies for effective response during emergencies.
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EXECUTIVE ORDER NO. 10
Series of 2016
AN ORDER MANDATING THE USE OF PRE-EMPTIVE AND FORCED EVACUATION GUIDELINES
DURING EMERGENCY SITUATIONS CAUSED BY NATURAL OR MAN-MADE DISASTERS
AND PROVIDING GUIDELINES THEREOF
WHEREAS, the Municipal Government of Banate has been subjected to and affected by the adverse impacts of recurrent natural disaster brought about by climate change, as well as, man-made disasters and emergencies;
WHEREAS, the geographical location of Banate makes it vulnerable to flood, tropical cyclones, extreme rainfall, fire, earthquake and other hazards which bring havoc to life and property, causing disruption to the normal lives of its inhabitants;
WHEREAS, said natural disasters have always posed real danger to lives and well-being of the residents of Municipality of Banate and their properties;
WHEREAS, pursuant to Republic Act 10121, the Municipal Disaster Risk Reduction and Management Council (MDRRMC) is tasked to develop policies and plans, and the implementation of actions and measures pertaining to all aspects of disaster risk reduction and management, which includes good governance, risk assessment and early warning, knowledge building and awareness raising, reducing underlying risk factors, and preparedness for effective response and early recovery;
WHEREAS, the Local Chief Executive, pursuant to the general welfare clause of the Local Government Code, is empowered to exercise such powers and perform such duties and functions for the general welfare of the city and its inhabitants;
WHEREAS, in order to safeguard, preserve and protect the lives, well-being and health of the inhabitants of the Municipality as well as their properties and to minimize the adverse impacts of hazard and related disasters, the necessary mitigating measures should be employed;
WHEREAS, it is highly recognized that a guideline on pre-emptive and forced evacuation should be implemented within the municipality, to better facilitate, mitigate and ensure maximum safety and survival before and during the occurrence of an emergency or disaster.
NOW THEREFORE, I, CARLOS O. CABANGAL, JR., Mayor of the Municipality of Banate and concurrent chairman of the Municipal Disaster Risk Reduction and Management Council, by virtue of the powers vested in me by law and the Constitution, do hereby order the implementation of the Pre-Emptive and Forced Evacuation Guidelines of Banate, Iloilo to wit:
SECTION 1. IMPLEMENTATION OF EVACUATION GUIDELINE.
This executive order establishes the guidelines as to when, where, how and who will be evacuated, as well as who will carry out the evacuation operation.
SECTION 2. DEFINITION OF TERMS.
Disaster - shall mean a sudden event that seriously disrupts the functioning of a community or society; that may be due to a natural event such as, but not limited to flood, typhoon, severe wind, tornado, landslide, tsunami, storm surge, earthquake, epidemics and other weather-related events or man-made events such as but not limited to fire, hazardous material-related incidents, public protests, acts of terrorism and other peace and order concerns; that causes human, material, economic or environmental losses that exceed the community’s or society’s ability to cope using its own resources;
Imminent Danger - shall mean the existence of an immediate threat which could reasonably be expected to cause death or serious physical harm;
Evacuation - temporary but rapid removal of all or part of particular population from building or certain area wherein a disaster or emergency has been declared and is considered dangerous for health or safety of the public, whether individually or in an organized manner, as a rescue or precautionary measure;
Evacuation sites/centers - shall mean all pre-identified public elementary and high school buildings, sports facilities such as covered courts and auditoriums, barangay halls and other public or private facilities;
Forced Evacuation - shall mean an evacuation ordered as a resort when a disaster or emergency has been declared and danger of loss of life is imminent, and conditions exist that critically imperil or endanger the lives of those in a defined area;
Response team - shall mean any concerted effort by two (2) or more agencies, public or private, to provide assistance or intervention before, during, or immediately after a disaster to meet the life preservation and basic subsistence needs of those people affected and in the restoration of public activities and facilities;
Vulnerable or marginalized groups - shall mean individuals or group of people that face higher exposure to disaster risk and poverty including but not limited to women, especially pregnant women, youth, children especially the orphans and unaccompanied children, elderly, differently-abled people, indigenous people, the disadvantaged families and individuals living in high risk areas and danger zones.
SECTION 3. GUIDELINES ON DISASTER PREPAREDNESS AND MITIGATION.
3.1) Banate Disaster Risk Reduction and Management Council shall ensure that community-based disaster risk reduction and management trainings to orient every resident on the possible natural hazards, vulnerabilities, and climate change risk as well as knowledge management activities on disaster risk reduction and information dissemination regarding calamities and disasters, either natural or man-made, are conducted down to the barangay and community levels.
3.2) Trainings, orientations and activities shall be discussed in a language understood by the local residents.
3.3) The Banate MDRRMC and its counterpart in the barangay levels shall also cause the posting of posters of trainings, orientations, activities and information at the conspicuous places of the Municipality of Banate and barangays, the issuance of newsletters, brochures and pamphlets, and if possible, dissemination through other platforms of advertisements and social media.
3.4) The time during the dry season as declared by the Philippine Atmospheric Geophysical and Astronomical Services Administration (PAGASA), shall be maximized for the conduct of these trainings, orientations, activities and information dissemination and shall be made on a regular basis, especially in the areas that are vulnerable to flooding, landslides and other natural disasters or calamities.
SECTION 4. GUIDELINES ON PRE-EMPTIVE EVACUATION
4.1.) The Municipal Mayor shall be the one to declare/approve the implementation of pre-emptive evacuation. However, it shall be done only upon the recommendation of the Municipal Disaster Risk Reduction and Management Officer and subsequent concurrence and approval of the Municipal Disaster Risk Reduction Management Council after due consultation/coordination/reference with the different government agencies, such as but not limited to dam administrators, PAGASA, PHIVOLCS, NDRRMC, PDRRMC, OCD, and DILG when a disaster or emergency has been declared or forecasted and the danger of loss of lives is imminent within the area of jurisdiction of the Municipality of Banate;
4.2) If possible, order for the pre-emptive evacuation must be thoroughly evaluated after consultation with different government agencies, especially during rainy seasons. The order for pre-emptive evacuation shall be announced to the vulnerable or marginalized groups in the area who will be affected at least two (2) hours before the commencement of the pre-emptive evacuation operation to give the affected individuals or groups to prepare their necessary needs or belongings
4.3) Vulnerable or marginalized groups in the identified danger-zones or areas that are to be affected by the incoming typhoon or any other identified situation or event that may cause a disaster shall be temporarily relocated to evacuation sites or centers;
4.4) Assistance from the private sector such as private schools shall be secured if the situation warrants. Particularly, temporary use of their sports facilities or auditorium may be requested if the need arises and if the shortage of evacuation sites exists;
4.5) Barangay halls and outpost shall be designated as the pickup point area in areas far from a designated evacuation center. The MDRRMO shall take the lead in preparing for, responding to, and recovering from the effects of any disaster based on the criteria provided under rule 11, Section 1 of the Implementing Rules and Regulations of RA 10121 ;
4.6) Transport Team vehicles to be used in transporting affected residents to evacuation sites or centers shall have the necessary banners or signs/logos for immediate identification;
4.7) The Municipal Government of Banate shall enlist the assistance of the Municipal Chief of Police, Municipal Fire Marshall Abante Banate Emergency Response Team; AFP/Coastguard Reserve Groups or any Accredited Community Disaster Volunteers (ACDVs) in the preparation and enforcement of pre-emptive evacuation before and during the disaster or calamity situations;
4.8) The Municipal Government of Banate may mobilize individuals or organized volunteers to augment their respective personnel and logistical requirements in the delivery of disaster risk reduction programs and activities;
4.9) Strict enforcement of the pre-emptive measure shall be done in the area/s affected or to be affected by the man-made or natural disaster. The barangay chief executive or any of the barangay officials, who are more oriented to the affected or target area, as much as possible, shall be responsible in guiding the response team composed of ABERT, the PNP or any enforcement agency, local rescue teams or volunteers. The response team shall make sure that no person has been left unaccounted in the area or allowed to return in the affected area without an order issued to this effect.
4.10) Once the pre-emptive evacuation has commenced, priorities shall be given to the following:
a. the sick and elderly people
b. differently abled people
c. pregnant women and children, especially the orphan and unaccompanied children
d. indigenous people
4.11) Camp management teams shall be on standby in the designated evacuation centers/sites to monitor and provide services and necessary materials such as but not limited to beddings, blankets, clothing, foods and medicines, to the evacuees in times of disasters or calamity. Medical personnel shall also be on standby at the evacuation sites to provide medical assistance to the vulnerable or marginalized groups, as well as the response team and other persons that needs immediate medical attention. In the aftermath of the calamity and/or man-made or natural disaster, the Municipal Government of Banate shall extend any assistance that it can provide to victims for their rapid recovery.
4.12) The Search and Rescue team must be equipped with proper trainings and the necessary equipment suitable for a particular situation. The Municipal Government of Banate may provide additional equipment and paraphernalia to the response team as may be needed to properly and effectively respond to the needs of those affected by the calamity and/or man-made or natural disaster. The Municipal Government of Banate shall take full responsibility for the enhancement of volunteers and shall submit the list to the Office of Civil Defense through MDRRMO for accreditation and inclusion in the database of community disaster volunteers.
The Municipal Government of Banate shall be responsible for providing insurance and necessary benefits to any volunteers who dies or sustains injury while engaged in the any activities defined in RA 10121;
4.13) Residents shall only be allowed to return or go back to their homes upon the order of the Municipal Mayor through the recommendation of the MDRRMC in consultation with different government agencies concerned and field personnel, after it has been determined that the danger no longer exist therein.
SECTION 5. GUIDELINES IN IMPLEMENTING FORCED EVACUATION.
5.1) Forced Evacuation procedure will be resorted to in cases where the forecasted impact of disaster is within less than 4 hours or in any disaster incidents that have already occurred;
5.2) If anyone from the vulnerable or marginalized groups does not adhere to the order of pre-emptive evacuation and found within the danger or target area within the time frame (refer to no.1) he/she may be forcibly taken or even arrested if the situation warrants as a means of ensuring his/her safety;
5.3) Forced evacuation shall be carried out in a manner that is humane, respectful of the dignity of a person, not using disproportionate force, without discrimination and with conscious attention to the needs of vulnerable sectors such as children, women, the elderly and person with disabilities;
5.4) Personnel and volunteers carrying out the forced evacuation shall make sure that all measures are taken to inform the evacuees, in a manner and language that they can understand, of the need for the evacuation, and the lack of other alternative for their evacuation;
5.5) Personnel and volunteers carrying out the force evacuation shall comply with other rules being promulgated by the Commission on Human Rights (CHR) for the protection of human rights of all persons is hereby adopted.
SECTION 6. PNP AND BFP
6.1) The Philippine National Police-Banate Police Station (PNP-BPS) and Bureau of Fire Protection (BFP) - Banate, as member of the Evacuation Response Team, shall maximize their resources in assisting the members of Abante Banate Emergency Response Team, barangay officials, rescue teams and community disaster volunteers, during the implementation of pre-emptive and forced evacuation, with the end view of maintaining order and safety of the local residents throughout the process of evacuation operation;
6.2) They shall also take appropriate measures in safeguarding the belongings left behind and brought along by the evacuated residents of the Municipality of Banate.
SECTION 7. COORDINATION.
7.1.) All emergency measures adopted shall be coordinative and collaborative effort between the concerned Municipal Officials of Banate, Bureau of Fire Protection (BFP) and Philippine National Police (PNP)
7.2) The MDRRMC shall take the lead in preparing for, responding to, and recovering from the effects of any disaster, based on the criteria provided in Rule 11, Section 1 of RA10121 Implementing Rules and Regulations;
7.3) The Evacuation Sector guidelines and flow of operation stated in the Contingency Plans for Flood and Earthquake shall be followed.
SECTION 8. ADMINISTRATIVE SANCTIONS.
Any non-compliance of this Executive Order shall be dealt with in accordance with DILG Memorandum Circular No. 2012-35.
SECTION 9. SEPARARABILITY CLAUSE.
If any part or provision of this Executive order is found to be inconsistent with the Constitution, laws or decrees, other provisions hereof shall continue to be in force and effect.
SECTION 10. REPEALING CLAUSE. All executive orders, rules, regulations and other issuances or parts thereof inconsistent with this Executive Order are hereby repealed or accordingly modified.
SECTION 11. EFFECTIVITY. This Executive Order shall take effect immediately.
Done this 7th day of March, 2016 in the Municipality of Banate, Iloilo, Philippines.
CARLOS O. CABANGAL, JR.
Municipal Mayor
PAGE \* MERGEFORMAT 5 | Executive Order No. 10, Series of 2016
Republic of the Philippines
Province of Iloilo
Municipality of Banate
OFFICE OF THE MUNICIPAL MAYOR
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