Implementing Rules and Regulations for the Provisions of Republic Act No. 9358 Particularly, Calamity Fund for the Guimaras Oil Spill and the Mayon Volcano Eruption

March 21, 2007

DBM-DOF-NDCC JOINT MEMORANDUM CIRCULAR NO. 1-07

 

1.0  PURPOSE

1.1  To provide guidelines and procedures in the release and utilization of funds intended for the Guimaras Oil Spill and the Mayon Volcano Eruption in the total amount of P1,117,401,000.

1.2  To define responsibilities in the preparation and submission of report to the Congressional Oversight Committee.

1.3  To designate responsibilities in facilitating the reimbursement from the International Oil Pollution Compensation Fund (IOPCF).

2.0  COVERAGE

All implementing agencies specified under Section 1, letter (M) of RA 9358, as follows:

GUIMARAS OIL SPILL (P867,401,000)

• Department of Agriculture

Office of the Secretary (OSEC)

Bureau of Fisheries and Aquatic Resources (BFAR)

• Department of Environment and Natural Resources

Office of the Secretary (OSEC) ADCSEa

• Department of Health

National Epidemiology Center (NEC)

• Department of Social Welfare and Development

Office of the Secretary (OSEC)

• Local Government Units

Province of Guimaras

Province of Iloilo

Province of Negros Occidental

• SUC-University of the Philippines (Visayas)

• Other Agencies

Department of Foreign Affairs

Office of the Secretary (Maritime and Ocean Affairs Center)

Department of National Defense

Office of Civil Defense (OCD)

Department of Science and Technology

PAGASA

• Department of Transportation and Communications

Phil. Coast Guard (PCG)

MAYON VOLCANO ERUPTION (250,000,000)

• Department of Public Works and Highways

• DND

• LGUs

3.0  GENERAL GUIDELINES

3.1  Implementing agencies and local government units shall submit their letter request together with the work program showing physical targets and financial requirements to the National Disaster Coordinating Council (NDCC), copy furnished DBM. cEHSTC

3.2  The NDCC shall evaluate the requests and act as the clearing house which shall endorse/recommend to the Office of the President (OP) the recipients of amounts under the Supplemental Budget.

3.3  Upon receipt of the approval from OP, DBM shall release the funding requirements based on NDCC recommendation.

3.4  The amounts appropriated from the said budget shall be released directly to the departments, bureaus, offices, agencies and LGUs by the DBM in accordance with budgeting, accounting and auditing laws, rules and regulations.

3.5  The allotment to be released to the agencies/LGUs concerned shall be made in full, however, only 50% of the cash allocation shall be released initially.

3.6  Subsequent cash releases shall be made only upon submission of the statement of utilization of fund by the implementing agencies and local government units concerned.

3.7  NDCC shall submit to the Congressional Oversight Committee a bi-monthly report on the utilization of funds for releases made chargeable against the Supplemental Budget. In the case of the PCG, a report to Congress shall be submitted to the NDCC on the utilization of the P118.0 M allocated for the clean up operation of the areas affected by the Guimaras oil spill.

3.8  Pursuant to Section 3 of RA No. 9358, the following activities shall be adopted for purposes of reimbursement from the IOPCF of expenditures incurred relative to the clean up operation and other related activities including assistance to victims of affected areas in the Guimaras oil spill:

3.8.1  IOPCF shall, in coordination with NDCC, identify the programs/activities/projects that are compensable or subject to reimbursement.

3.8.2  NDCC shall recommend to the IOPCF the amount to be reimbursed.

3.8.3  DOF shall establish the mechanism in seeking reimbursement of claims/expenditures that are compensable/reimbursable. HTScEI

4.0  EFFECTIVITY

This Joint Memorandum Circular shall take effect immediately.

 

(SGD.) ROLANDO G. ANDAYA, JR.Secretary

 

(SGD.) MARGARITO B. TEVESSecretary

 

(SGD.) HERMOGENES E. EBDANE, JR.Secretary

Published in the Official Gazette, Vol. 103, No. 33, p. 5350, August 13, 2007.