Republic Act No. 1190: An act to transfer the municipal site of the municipality of dupax, province of nueva vizcaya, from its present location to the barrio of malasin of the said municipality

REPUBLIC ACT No. 1190

An Act to Provide for the Civil Defense in Time of War and Other National Emergency, Creating a National Civil Defense Administration, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. National Civil Defense Administration

-(a) There is hereby established under the Office of the President a National Civil Defense Administration (hereinafter in this Act referred to as the "Administration"). The Administration shall be composed of a National Civil Defense Administration, a Deputy Administrator, and Executive Director, a military Liaison Officer from the Armed Forces of the Philippines, and such other subordinate officers and employees as may be detailed thereto by the President from other offices, agencies or branches of the Government or who have been appointed by the Administrator. The Administrator, Deputy Administrator and Executive Director shall be appointed from among persons not in the active military service who are not holding any office or employment in the Government or in any of its branches, agencies or instrumentalities.

(b)The National Civil Defense Administrator and the Deputy Administrator shall be appointed by the President with the consent of the Commission on Appointments, and they shall receive salary at the rate of twelve thousand pesos and nine thousand pesos a year, respectively. The Executive Director shall be appointed by the President upon the recommendation of the Administrator, and he shall receive salary at the rate of seven thousand two hundred pesos a year.

(c)It shall be the function of the Administration, under the direction and control of the Administrator, to (1) establish and administer a comprehensive national civil defense program;

(2)formulate and prepare at all times plans and policies for the protection and welfare of the civilian population in time of war directly involving the Philippines or other national emergency of equally grave character;

(3)estimate the total material, manpower and fiscal requirements for carrying out the national civil defense program, and allocate to the provinces and cities such aid in facilities, materials, and funds as may be made available from the National Government or as may be authorized by Congress;

(4)coordinate on the national level the activities and functions of the several executive departments, agencies and instrumentalities of the National Government, and of private institutions and civic organizations devoted to public or social welfare, so that the facilities and resources of the entire nation may be utilized to the maximum extent for civil defense purposes;

(5)develop and coordinate a program for informing, educating and training the general public and volunteer workers on civil defense measures and activities;

(6)furnishing guidance to the various provinces, cities and municipalities in the planning, organization and operation of their civil defense organizations;

(7)advising the President on matters concerning civil defense, and make such recommendation from time to time as it deems appropriate or as the President may require.

(d)In the event of war directly involving the Philippines or other national emergency of equally grave character proclaimed by the President with the concurrence of two-thirds of the members of each House of Congress, the Administration shall, under the direction and control of the Administrator (1) Execute plans and policies relating to civil defense as provided for in section four of this Act;

(2)Coordinate and supervise the operations and activities of national, provincial, city and municipal civil defense organizations.

(e)In performing its functions, the Administration shall utilize to the maximum extent the existing personnel, facilities and resources of the several executive departments, agencies, and instrumentalities of the National Government, except those needed by the Armed Forces of the Philippines for the national defense, as determined by the President;

(f)The President, upon recommendation of the Administrator, shall be and is hereby authorized to prescribe the detailed organization, functions and duties and the different offices and agencies of the Administration.

Section 2. National Civil Defense Council

-(a) There is hereby established a National Civil Defense Council (hereinafter in this Act referred to as the "Council") to be composed of National Civil Defense Administrator, as Chairman, the Chairmen of the Committees on National Defense and Security of both Houses of Congress, the Economic Coordinator, the Chief of the Philippine Constabulary, the Commissioner of Social Welfare, the Manager of the Philippine National Red Cross, the Manager of the National Development Company, the Manager of the Price Stabilization Corporation, and such other members as may be designated by the President from time to time.

(b)It shall be the function of the Council to consult with and advise the National Civil Defense Administrator on matters concerning civil defense, particularly with respect to the coordination of the functions and activities of the different organizations represented in the council, with the civil defense program.

Section 3. Local Civil Defense Organizations

-(a) The organization, functions and responsibilities of provincial, city and municipal civil defense organizations shall conform to the following general policies and standards;

(1)The various tasks, functions and responsibilities of civil defense shall be assigned to appropriate existing offices, agencies, instrumentalities, officials and employees of the various provincial, city or municipal governments. Existing facilities and resources of these governments shall be utilized to the maximum in their respective civil defense organizations and activities.

(2)The financial costs of local civil defense within each province, city and municipality shall be borne by the provincial, city or municipal governments, concerned: Provided, That if the resources of the province, city or municipality concerned are not sufficient to bear said costs, the National Government shall provide the necessary subsidy.

(3)The provincial governor of each province shall be responsible for the direction, supervision and coordination of civil defense planning, operations and activities within his province, except in chartered cities. For this purpose, he shall be designated as the Provincial Civil Defense Director.

(4)The basic operating units for civil defense shall be the municipalities and cities. Each municipality an chartered city shall organize and maintain its own local civil defense organization, with the municipal or city mayor as the Municipal Civil Defense Director or his particular municipality or city.

(5)The Municipal Civil Defense Director, under the direction and supervision of the Provincial Civil Defense Director in the case of municipalities, shall be responsible for (A) establishing and administering the municipal or city civil defense organization;

(B)coordinating and directing the local civil defense operations and activities of public and private agencies or groups within the locality;

(C)formulating and negotiating mutual aid plans and agreements with neighboring municipalities and with the province in which it is located;

(D)directing the development of civil defense plans and programs in accordance with plans and policies established by national and provincial civil defense organizations.

(b)The Administrator shall, upon recommendation of the council, prescribe such rules and regulations from time to time to public or private firms, associations, companies, corporations, institutions, establishments or organized groups of persons to the preparation of their own plans to organize their respective staffs, personnel and facilities, for civil defense. In the event of war directly involving the Philippines or other national emergency of equally grave character such entities or groups shall institute and maintain at all times guard systems, safety programs, warning systems, personnel shelters, fire-fighting facilities and procedures, emergency medical facilities, blackout techniques and procedures, exit and entry control, and other protective measures for their respective establishments, personnel, inmates or patrons.

(c)Each Municipal Civil Defense Director shall organize groups of individuals and families living in one neighborhood within his municipality or his city into Civil Defense Units. Each Civil Defense Unit shall be under a leader who shall be responsible for the organization and training of individual members in fire-fighting and first-aid techniques, guard duty, blackout control, and other phases of concerted self-protection relating to civil defense. The Municipal Civil Defense Director shall direct and coordinate the civil defense functions and activities of all Civil Defense Units within his municipality or city.

(d)In cities and towns of over 100,000 population, civil defense drills shall be held at least once every three months.

Section 4. Civil Defense Operating Services

-The Administrator shall be and is hereby authorized to prescribe the organization of, the functions, duties and responsibilities of national, provincial, city and municipal civil defense authorities in connection with the following operating services for civil defense, subject to the approval of the President: the Warden Service, Police Service, Fire Service, Health Service, Rescue and Engineering Service, Emergency Welfare Service, Transportation Service, Communication Service, Evacuation Service and Air-raid Warning Service, and the Auxiliary Service. Units of each of these civil defense operating services shall be established in the national, and in each provincial, city and municipal defense organization. Such units shall operate under the direction and supervision of the head of the civil defense organization to which they appertain.

Section 5. Civil Defense Measures

-(a) In time of war directly involving the Philippines or other national emergency of equally grave character proclaimed as above stated with the concurrence of two thirds of the members of each House of Congress, the President shall be and is hereby authorized to promulgate rules and regulations in order to carry out the civil defense program as prepared and established by the National Civil Defense Administration.

(b)Any person, firm or corporation found guilty of any violation of the rules and regulations promulgated by the President under the authority of this section shall be punished by imprisonment of not more than ten years or by a fine of not more than ten thousand pesos, or by both such fine and imprisonment in the discretion of the court. If such violation is committed by a firm, association, or corporation, the managing head or heads thereof shall be criminally responsible therefor.

Section 6

The sum of five hundred thousand pesos is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this Act. Not more than twenty per cent of this appropriation shall be expended for overhead and salaries. Appropriations for the operation of the Administration shall hereafter be included in the annual general appropriation for the office of the President.

Section 7

No provision of this Act shall be interpreted as conferring upon the President or the National Civil Defense Administration authority to exercise any of the powers exclusively vested in Congress by the Constitution.

Section 8

All laws and executive orders or portions thereof inconsistent with this Act are hereby repealed.

Section 9

This Act shall take effect upon its approval.

Approved: August 18, 1954.

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

In plain language