Philippine International Humanitarian Assistance (PIHA) Guidelines

March 6, 2018

DILG MEMORANDUM CIRCULAR NO. 028-18

PHILIPPINE INTERNATIONAL HUMANITARIAN ASSISTANCE (PIHA) GUIDELINES

1. Background

1.1. Pursuant to Section 23 of Republic Act No. 7160, or the Local Government Code of 1991, local chief executives may, upon authority of the Sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or facilities from local and foreign assistance agencies without necessity of securing clearance or approval therefor from any department, agency, or office of the national government or from any higher local government unit: Provided, that projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned: Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof, the same shall be deemed approved. The local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the President. ITAaHc

1.2. Pursuant to Section 16 of Republic Act No. 10121, the President's declaration of a cluster of barangays, municipalities, cities, provinces, and regions under a state of calamity may warrant international humanitarian assistance as deemed necessary.

1.3. Section 18 of the same law provides that the importation and donation of food, clothing, medicine and equipment for relief and recovery and other disaster management and recovery-related supplies is authorized in accordance with the Tariff and Customs Code of the Philippines, as amended, and the prevailing provisions of the General Appropriations Act covering national internal revenue taxes and import duties of national and local government agencies. Importations and donations under the said Section shall be considered as importation by and/or donation to the NDRRMC, subject to the approval of the Office of the President.

1.4. The Philippine International Humanitarian Assistance (PIHA) Guidelines, which was recently approved during a full council meeting of the National Disaster Risk Reduction and Management Council (NDRRMC) on December 5, 2017 includes provisions standardizing the procedure for the acceptance of international humanitarian assistance.

2. Purpose

This issuance is for the purpose of reminding all LGUs that all requests for international humanitarian assistance should be coursed through the NDRRMC.

3. Legal Basis and References

3.1. Republic Act No. 10121, "An Act Strengthening the Philippine Disaster Risk Reduction and Management System, Providing for the National Disaster Risk Reduction and Management Framework and Institutionalizing the National Disaster Risk Reduction and Management Plan, Appropriating Funds Therefor and for Other Purposes"; and

3.2. The Philippine International Humanitarian Assistance (PIHA) Guidelines

4. Scope/Coverage

All Provincial Governors, City and Municipal Mayors, DILG Regional Directors, The Regional Governor of the Autonomous Region of Muslim Mindanao (ARMM),and all others concerned.

5. Policy Guidelines

All concerned are hereby reminded that:

5.1. In accordance with the PIHA Guidelines, all humanitarian assistance from in-country and international donor individual agencies/organizations coursed through national government agencies shall be coordinated with NDRRMC and DFA, respectively.

5.2. Local Government Units in affected areas may, in coordination with NDRRMC, directly request and/or accept international humanitarian assistance, subject to the provision of Sec. 23 of R.A. No. 7160, or the Local Government Code of 1991, on authority to negotiate and secure grants or donations from local and foreign agencies.

5.3. A copy of the PIHA Guidelines shall be circulated through an NDRRMC Memorandum Circular.

6. Responsibilities of the DILG Regional Directors and ARMM Regional Governor

All DILG Regional Directors and the ARMM Regional Governor are directed to:

6.1. Cause the immediate and widest dissemination of this issuance to all local government units within their respective jurisdictions; and

6.2. Ensure compliance to the provisions of this MC.

7. Penal Provisions

Non-compliance to this Memorandum Circular shall be dealt with in accordance with pertinent laws, rules and regulations.

8. Repealing Clause

All previous issuances which are inconsistent herewith are hereby modified accordingly or repealed.

9. Effectivity

This Memorandum Circular shall take effect immediately. CHTAIc

10. Approving Authority

(SGD.) EDUARDO M. AÑOOfficer-in-Charge, DILG

11. Feedback

For related queries, kindly contact the Office of the Undersecretary for Civilian and Consular Concerns, Department of Foreign Affairs at Telephone Number (02) 834-4000.