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WHEREAS, it is a national policy us provided for under Section 2(a) of Republic Act 10121, otherwise known as the "Philippine Disaster Risk Reduction and Management Act of 2010" to uphold the peoples constitutional rights to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the country's institutional capacity for disaster risk reduction and management and building resilience of local communities to disasters including climate change impacts;

WHEREAS, under Rule 5, Section 4(3) of Republic Act 10121 IRR, LDRRMCs are mandated to recommend the implementation of Forced or Pre-emptive Evacuation of local residents, if necessary;

WHEREAS, Local Government Units are mandated under Section 16 of the Local Government Code of 1991, otherwise Known as General Welfare Clause to "exercise the powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare";

WHEREAS, Punong Barangays [Section 389 (b) (6)], Municipal Mayor [Section 445 (b) (vii), City Mayors [Section 455 (b) (vii), and Governors (Section 465 (b) (viii) are all mandated under the Local Government Code of 1991 to carry such emergency measures as may be necessary during and in the after-math of human-made and natural disasters and calamities;

WHEREAS, the LGUs, through their local sanggumans, are enjoined under DILG Memorandum Cucular No. 2012-35 dated 21 February 2012 to cause the enactment of local ordinances for the implementation of forced evacuation as a resort when a disaster or emergency has been declared and danger of loss of lives is imminent withm their areas of jurisdiction,

WHEREAS, it has been observed that there are constituents that opt to remain in their residences during flooding, inclement weather, and in an obviously in imminent danger just to safeguard their properties or for other reasons despite clear and timely warnings,

WHEREAS, it is the aim of this City lo have a zero casualty during disasters;

WHEREAS, in order to prevent loss of lives, ensure public safety and mitigate the adverse effects of man-made and natural disasters and calamities, upon the approval of this ordinance, the City/Barangay shall enforce emergency measures such as Forced Evacuation.

WHEREAS, the uncertainty of the nature of disasters might unable Emergency Response personnel to reach through the locations of residents who refuse to evacuate should disaster situation escalates;

THEREFORE, DUE TO THE FOREGOING PREMISES, BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF SAN JUAN CITY IN A SESSION DULY ASSEMBLED THAT:

Section 1. It is the declared policy of City of San Juan to protect the lives of its lesidents at all times and whenever possible mitigate the effects of human-made and natural disasters within the locality.

Section 2. DEFINITION OF TERMS

As used in this Ordinance, the following terms are hereby dufmed paul

a. Disaster - a serious disruption of the functioning or a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources Disasters are often described as a result of the combination of the exposure to a hazard; the conditions of vulnerability that are present, and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster impacts may include loss of lite, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, social and economic disruption and environmental degradation.

b. Evacuation - means an  operation whereby all or part of  a particular population is temporarily relocated, whether voluntarily or in an organised manner, from an area that has been or is about to be struck by a disaster, to a place considered not dangerous for health or safely.

c. Imminent Danger - means any condition in any place such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately upon or before the occurrence of any human-induced or natural disasters.

d. Pre-emptive Evacuation - an order from competent authority to evacuate residents without force, to an appropriate or pre-designated evacuation centers thereby preventing their exposure to an imminent disaster.

e. Forced Evacuation - means an act to forcibly evacuate residents as a last resort upon the order from a competent authority wherein 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.

Section 3. Procedures on Enforcement of Pre-Emptive Evacuation - Upon assessment or determination of the BDRRMC and/or the San Juan CDRRM Council through the CDRRMO that there is a high possibility that conditions that could endanger the lives of their respective local residents would exist, the same shall immediately enforce pre-emptive evacuation.

Section 4. Procedures on the Declaration and Enforcement of Forced Evacuation. Upon assessment or determination of the BDRRMC and/or the San Juan CDRRM Council that conditions that could critically imperil or endanger the lives of those in a defined area  exist, said council shall immediately declare and subsequently cause the implementation of Forced Evacuation.

Procedures tor the enforcement of Forced Evacuation shall include, but not limited to, the following:

a. An Early Warning shall be issued to the residents by their respective BDRRMCs.  The CDRRMO, CEDOC, and the Public Information Department shall provide redundant warning to the constituents. A specific period of time shall be announced as the time for pre-emptive evacuation before a forced evacuation shall be implemented.

b. Evacuation centers or such places where the internally displaced persons will be temporarily sheltered shall be established.

c. Pick-up points shall be designated for the vechicles or rescue boats to be used in the transportation of evacuees should it be needed.

d. Ensure the safety and security of evacuees in the evacuation areas in any possible means.

e. Secure the properties of the evacuees in the evacuation areas in any possible means.

f. Evacuated local residents shall stay in the aforesaid evacuation centers until there be another information issuances declaring that the imminent danger within the affected area does not anymore exist.

g. City Veterinarian's Office personnel shall take custody of and transport the affected animals to any government animal control facility.

However, immediately after the declaration of forced evacuation but before actual enforcement thereof, the BDRRMC/CDRRMC, using the dialect understandable and spoken by the local residents, shall inform the later of the need for them to evacuate.  All measures shall be taken to inform the constituents the need for evacuation since there is no other alternative for their safety.

The manner that Force Evacuation be conducted shall be humane, respectful of the dignity of persons, not using disproprortionate force, without discrimination, and with conscious attention to the needs of the vulnerable sectors such as children, women, elderly, and persons with disabilities.

Enforcement of Force Evacuation shall be implemented by, but not limited to, the concerned BDRRMC, Barangay Tanods, BDRRMC from other Barangays, CDRRMO, POSO-TPMO, TFD together with the local PNP, BFP, BJMP, other law enforcement and government agencies, and volunteer organizations.

Section 5. Enlistment of Assistance from other Government Agencies

The assistance of government agencies such as the PNP, AFP, AFP Reserve Units, BFP, BJMP MMDA, and DPWH may be enlisted by the City Mayor in the implementation of the Forced Evacuation.

Section 6. Refusal of Local Residents to Abide or Submit to the Forced Evacuation or Returning to Respective Homes Without an Order Allowing Them to Do So

In the event that local residents refuse to leave their homes or, after evacuating, go back to their homes/affected areas without an older issued by the BDRRMC, CDRRMC/ CDRRMO to this effect, the city government as well as the members of the mobilized units may use such reasonable force that is Commensurate under the circumstances, to evacuate them from the area, without discrimination and with conscious attention to the needs of vulnerable and marginalized sectors such as children, women, the elderly and persons with disabilities, with the end view that lives are safely secured.

Any person who willfully and deliberately disregard or opposed the order of forced evacuation issued by the City Mayor/CDRRMC/BDRRMC shall release the latter from any liability for the former's injury or death attributed to his disobedience.

During evacuation, priority shall be given to those persons or residents who willfully comply with the order of forced evacuation. If for some reasons, residents who refused evacuation despite appropriate warnings were not forced evacuated, they shall no longer be entertained for their call for rescue should the disaster situation escalates. This is to ensure the safely at not only the other evacuees, but to the emergency responders as well.

Section 7. Guidelines for Implementation. - The CDRRMO is required to inform all Barangays regarding this Ordinance and on the uniformity of the Early Warning Device, color coding (visual) and per housing system (audio) that will be used.

Section 8. Separability Clause. - If, for any reason, any part or provision of the Ordinance shall be found to be unconstitutional or Invalid, other parts or provisions thereof which are not affected thereby, shall continue to be in full force and effect.

Section 9. Repealing Clause. - All ordinances, rules and regulations, or parts thereof, in conflict wilh, or inconsistent to the provisions of this ordinance are hereby repealed or modified accordingly.

Section 10. Effectivity Clause. - This Ordinance shall take effect Immediately after fifteen (15) days following the completion of its full publication in any newspaper of general circulation in the City of San Juan.

(Sgd.) ALLEN CHRISTOPHER M. SILVANO City Councilor	(Sgd.) ARTHUR ALFREDO E. AQUINO City Councilor
(Sgd.) JANELLA EJERCITA ESTRADA City Councilor	(Sgd.) WILLIAM C. GO City Councilor
(Sgd.) MICHAEL CRISTOPHER R. MATHAY City Councilor	(Sgd.) MARIE O'NEAL S. MENDOZA City Councilor
(Sgd.) RICHARD F. PERALTA City Councilor	(Sgd.) FERDINAND A. VELASCO City Councilor
(Sgd.) JOSE WARREN P. VILLA City Councilor	(Sgd.) EDGARDO V. SORIANO Sergeat-at-Arms City Councilor
(Sgd.) LEONARO G. CELLES Asst. Majority Floor Leader City Councilor	(Sgd.) EDGARDO V. SORIANO Majority Floor Leader City Councilor
(Sgd.) ROLANDO M. BERNARDO President Pro-Tempore City Councilor
I HEREBY CERTIFY THAT THIS ORDINANCE HAS BEEN DULY APPROVED BY THE SANGGUNIANG PANLUNGSOD ON JULY 14 , 2014.
(Sgd.) RIA P. ESTRELLA-PADILLA Secretary to the City Council
ATTESTED:
(Sgd.) FRANCISCO JAVIER M. ZAMORA Presiding Officer City Vice-Mayor
APPROVED:
(Sgd.) GUIA G. GOMEZ City Mayor