Rules and Regulations Governing the Implementation of the Management of the Dead and Missing Persons

May 13, 2016

NDRRMC MEMORANDUM CIRCULAR NO. 019-16

 

1.0 Background

In emergency or disaster management, most efforts are concentrated on the management of the living victims while very least considerations are given to the dead and the missing. Typhoon Yolanda (Haiyan), the worst ever disaster that hit the country, reported a total of 6,300 deaths and 1,785 missing persons on 2013.

Emergencies and disasters challenged the integrity of the government's existing disaster management and response and in particular, the policies and guidelines on the management of the dead and the missing (MDM).

The government plays a critical role in standardizing and guiding the tasks of handling dead bodies (retrieval, identification, and final disposal), together with the missing persons and the bereaved families ensuring that legal norms are followed and guaranteeing that the dignity of the deceased and their families is respected in accordance with their cultural and religious beliefs.

2.0 Legal Bases

This Memorandum Circular is hereby promulgated based on the following legal provisions:

2.1 Section 4 of RA 10121 (Philippine Disaster Risk Reduction and Management Act, 2010)

This Act provides for the development of policies and plans and the implementation of actions and measures pertaining to all aspects of disaster risk reduction and management, including good governance, risk assessment and early warning, knowledge building and awareness raising, reducing underlying risk factors, and preparedness for effective response and early recovery.

2.2 Section 102 of RA 7160 (Local Government Code, 1991)

There shall be established a local health board in every province, city, or municipality. cDHAES

2.3 Chapter XXI of Presidential Decree No. 856 (The Code on Sanitation of the Philippines, 1976) and its Implementing Rules and Regulations

2.4 Administrative Order No. 2007-0018 of the Department of Health (National Policy on the Management of the Dead and the Missing Persons During Emergencies and Disasters)

3.0 Purpose

To institutionalize Management of the Dead and the Missing (MDM) by all concerned agencies and stakeholders during emergencies and disasters providing policies, standards, guidelines, systems and procedures:

3.1 To strengthen the coordination and collaboration among partner agencies and stakeholders of MDM at all levels;

3.2 To ensure an efficient, timely, and well-coordinated action in managing the dead and the missing persons; and

3.3 To establish resource-sharing mechanisms among the key players in the MDM.

4.0 Statement of Policy

It is the policy of the NDRRMC that:

4.1. Dead persons ensuing from human-induced and natural calamities have to be found, retrieved, identified, and buried according to their religious and culturally acceptable norms.

4.2. The inherent dignity of the dead shall be observed at all times.

4.3. Handling of human remains from retrieval, identification and disposition must be carried out in a sanitary manner for the personal safety and protection of the responders and the general public.

4.4. The sending agencies, in coordination with other concerned agencies, shall primarily consider the safety and physical security of responders and volunteers.

4.5. Information, education and communication campaign to inform the public that human remains of victims of natural disasters do not pose a risk of epidemic to the population.

4.6. The public shall be informed on the potential risks through Information, education and communication campaign.

4.7. Unidentified and unprocessed human remains shall never be cremated nor buried in mass graves.

4.8. Temporary storage facilities within standard for human remains shall be established/provided and prepositioned in appropriate locations.

4.9. Temporary burial sites shall be pre-identified by LGUs.

4.10. Final disposition of dead bodies due to infectious diseases and chemical, biological, radiological, nuclear and explosive (CBRNE) shall be done in accordance with the DOH recommended guidelines and procedures.

4.11. MDM shall be integrated in the DRRM Plans of all concerned agencies.

4.12. Efficient, timely and effective coordination shall be observed among and between all agencies and other stakeholders involved in MDM.

4.13. Information management system on the ante- and post-mortem data shall be developed and implemented.

4.14. Physiological, social, psychological, and medical needs, as well as assistance in the processing of benefit claims of the bereaved families shall be attended to by the appropriate agencies.

4.15. MDM team members must be technically adept, through development and establishment of training programs, in the discharge of their functions during disasters.

4.16. The implementing partners shall designate primary and alternate focal persons for consultative meetings on MDM.

4.17. Reporting, communication, and information shall be done accurately, systematically and responsibly.

4.18. Research and development on MDM shall be supported, prioritized and strengthened.

4.19. Concerned agencies shall allocate/appropriate at least 1% of its DRRM funds for MDM operations and research and development.

4.20. The Office of Civil Defense (OCD), as the secretariat of the NDRRMC, shall serve as the primary link between NDRRMC member agencies and other implementing partners engaged in MDM and shall establish logistics support mechanisms for systematic coordination and collaboration.

5.0 Organizational Structure

5.1. The National Disaster Risk Reduction Management Council (NDRRMC) shall have oversight function over the MDM Cluster.

5.2. The Department of Social Welfare and Development (DSWD), as the Vice-Chairperson for response, shall provide leadership and guidance to all National Response Cluster members including MDM during disaster response operations. ASEcHI

5.3. The Department of the Interior and Local Government (DILG) is the lead agency in the MDM. It has the prime responsibility in the planning, monitoring and evaluation of the MDM implementation and coordinates with the Local Government Units (LGUs) and other concerned agencies such as members of the disaster victim identification, disposition of the dead, management of missing persons and management of the bereaved families.

5.4. The Philippine National Police (PNP) shall take the lead in identifying human remains due to human-induced disasters, while the National Bureau of Investigation (NBI) shall take the lead in the identification of human remains caused by natural disasters.

5.5. The Department of the Interior and Local Government (DILG), through Local Government Units (LGUs), shall lead the disposition of dead bodies. Further, the local government unit (LGU) shall predetermine collection sites for human remains as recommended by the PNP/NBI DVI Team and such shall be incorporated in their Contingency Plans.

5.6. The Philippine National Police (PNP) shall take the lead in management of the missing persons. The PNP shall declare if the person is missing as recommended by Local Government Units and Local Social Welfare and Development.

5.7. The Department of Social Welfare and Development (DSWD), through the local social welfare and development offices, shall provide technical assistance in the coordination and provision of financial assistance and psychosocial support to the bereaved families of the dead and those persons missing.

5.8. The organizational structure supporting the MDM is illustrated in annex A.

6.0. Functions and Responsibilities

6.1 Disaster Victim Identification (DVI)

6.1.1. The NBI shall take the lead in identifying victims as a result of natural disasters, while PNP takes the lead in human-induced disasters.

6.1.2. All retrieved bodies and body parts shall be turned over to NBI/PNP for identification and accounting.

6.1.3. The medico-legal officers of the NBI and/or PNP shall issue a certificate of identification for all examined/processed and identified bodies.

6.1.4. In case of natural disasters, the Local Health Officer shall issue a Death Certificate based on the Certificate of Identification issued by the NBI/PNP.

6.1.5. In case of human-induced disasters, the PNP/NBI shall issue the Certificate of Death.

6.1.6. The official list of identified dead bodies indicating name, cause of death and other relevant information shall be provided by the NBI/PNP to the concerned Local Health Officer.

6.1.7. Upon verification of the legitimacy of the claim, the LGU through the local health officer shall authorize the release of the identified dead body to the legitimate family or claimant.

6.1.8. The LGU shall take charge in burying unidentified processed bodies in coordination with the NBI/PNP.

6.1.9. The LGU shall be responsible for the final disposition of unclaimed identified dead bodies.

6.1.10. For purposes of rapid reporting on retrieved dead bodies, the NDRRMC shall issue the information based on the reports submitted by the LGUs through the RDRRMC Operations Center.

6.1.11. For official reports on the dead, the NDRRMC shall provide the information based on the reports submitted by the DILG-Central Office.

6.1.10.1 n  All concerned units, including implementing partners at the community level should be encouraged to report dead or retrieved bodies to NBI/PNP.

6.1.10.2. The NBI/PNP shall submit report to the local health officer.

6.1.10.3. The local hospitals (both public and private) shall submit the number and list of dead bodies to the local health office.

6.1.10.4. The Local Health Office shall submit the number and list of dead bodies to the DOH-Regional Office (DOH-RO). ITAaHc

6.1.10.5. The DOH-retained hospitals should submit the number and list of dead bodies to the DOH-RO.

6.1.10.6. The DOH-RO shall consolidate reports from the DOH hospitals, NBI/PNP and Local Health Office and submit said reports to DILG-RO copy furnish DOH-Health Emergency Management Bureau.

6.1.10.7. The DILG-RO shall submit the consolidated report to the DILG-Central Office furnishing the RDRRMC with a copy.

6.1.12. The R/P/C/MDRRMC through the NDRRMC shall provide the Department of Foreign Affairs (DFA) a list of identified and unidentified dead foreigners.

6.1.13. All retrieved body parts and corpses waiting for examination and identification in the temporary mortuary shall be properly preserved through any appropriate and available means.

6.1.12.1. n  Refrigeration of bodies and body parts is the preferred method in storing dead bodies.

6.1.12.2. Formalin and quicklime can be applied only to dead bodies after processing by the NBI/PNP.

6.1.12.3. Dead bodies should be properly tagged and temporarily buried in a collective grave in a mono-layered manner not more than three (3) feet below the ground with plastic sheets beneath and above them.

6.1.14. LGUs shall identify temporary burial sites.

6.1.15. All concerned government and non-government organizations (NGOs) shall provide essential information (e.g., dental records, finger prints, medical records, etc.) to help NBI establish the identity of the dead.

6.1.16. The existing Interpol forms will be used in recording the dead bodies until such time these are revised to expedite the DVI process.

6.1.17. The LGU shall, in coordination with the NBI, PNP, DOH, DILG and other agencies involved in managing the dead/missing, shall conduct trainings and seminars regarding the proper handling of the missing/dead and the bereaved families.

6.1.18. The NBI/PNP shall accredit volunteer experts (groups or individuals), to help in the retrieval and identification of the dead bodies.

6.1.19. The NBI/PNP should establish a set of standards as basis in allowing foreign groups to participate in retrieval and identification of dead bodies.

6.1.20. The DOH shall include in the licensing requirements of morticians the training on MDM.

6.1.21. Basic requirements for a temporary mortuary facility shall be observed based on the Implementing Rules and Guidelines of the Sanitation Code, which should be disseminated to all concerned.

6.1.22. The DILG shall allocate funds for the body movers during disasters in case LGUs are unable to do so.

6.2 Final Arrangement for the Dead

6.2.1. All identified body parts and corpses shall be turned over to the rightful/legitimate claimant accordingly.

6.2.2. Legitimate claimants shall be responsible for the ultimate disposal of identified cadavers.

6.2.3. The respective embassies of identified dead foreigners shall be informed and the repatriation of these bodies shall be their responsibility.

6.2.4. The LGU shall be responsible for the final disposition of the unidentified bodies to be buried in the collective or individual graves, marked with their unique case numbers and/or labels.

6.2.5. The LGU shall consult the community and religious leaders of the disaster site regarding the final disposition of the unidentified bodies.

6.2.6. Exhumation of dead bodies shall be done in the presence of local health officials with proper disinfection of the dis-interment area.

6.2.7. The legitimate claimants of the dead bodies have the prerogative to have the dead bodies embalmed.

6.2.8. The LGU shall acquire adequate supply of cadaver bags that are compliant to the specifications set by the DOH. CHTAIc

6.2.9. OCD shall supplement the supply of cadaver bags of LGU.

6.3. Management of the Missing Persons

6.3.1. A person can only be considered missing upon the report of the relatives/concerned persons to the local police station. The PNP shall verify the identity of the reported missing persons from the records of its Warrant Section.

6.3.2. The DSWD shall also verify the reported missing persons from its records of Centers/Residential Care Facilities.

6.3.3. In exceptional cases such as huge magnitude calamities, the latest National Census shall be the basis for reporting missing persons.

6.3.4. The police shall immediately inform the incident commander who initiates active search and rescue/retrieval and provides feedback.

6.3.5. The LSWDO shall certify that the missing person is affected by the disaster.

6.3.6. The Barangay Chairman/Punong Barangay shall certify that the reported missing person is a resident of the affected community.

6.3.7. Provincial/City/Municipal Social Welfare Office (P/C/MSWDO) shall:

6.3.7.1 establish the local Social Welfare Inquiry Desks for data generation/information management of missing persons presumed to be dead during the disaster and their surviving families

6.3.7.2 ensure available or alternative sources of information such as local census, voters list, i-cloud or back up servers with the support from regional or national DSWD

6.3.7.3 validate and process documents of the missing persons presumed to be dead during the disaster.

6.3.8. The validated list of missing person presumed to be dead shall be submitted to the Local Chief Executive for approvals endorsement to the RDRRMC for issuance of certificate of missing person presumed to be dead during the disaster.

6.3.9. The LGU must submit to the NBI and/or PNP an updated list of missing persons. The LGU shall be responsible in updating the list of missing persons.

6.3.10. The DSWD, DOH, and PRC, shall provide technical and resource augmentation/assistance for the medical, psychological, and physiological needs of the families of the missing persons. DOH shall ensure that the interventions are in accordance with IASC standards and guidelines.

6.4 Management of the Bereaved Families

6.4.1. Provincial/City/Municipal Social Welfare and Development Office (P/C/MSWDO) is the lead agency in the overall management of the bereaved families.

6.4.2. The Department of Social Welfare and Development (DSWD) shall provide technical assistance and resource augmentation to the P/C/MSWDO on the overall management of the bereaved families.

6.4.3. The DSWD, PRC, and NGOs shall provide technical and resource augmentation assistance to P/C/MSWDO for the following:

6.4.3.1. Physiological needs to the bereaved shall include: Food Assistance; Financial Assistance; Livelihood Assistance; Clothing Assistance; Shelter Assistance; Management of the Orphans; and Food/Cash for Work.

6.4.3.2. Social needs of the bereaved in terms shall include: Family/Peer Support System; Social Welfare Inquiry Desk/Information Center; Educational Assistance and Legal Needs.

6.4.3.3. Psychological needs of the bereaved shall include: Psychological First Aid and other Special Needs like Psychiatric or Mental Services;

6.4.4. The DOH and the PRC shall provide the resource augmentation/assistance for the medical and psychological needs of the families of the missing persons until such time the LGUs can provide the needed services.

6.4.5. The DOH in collaboration with DSWD and PRC shall develop training program for responders in providing Mental Health and Psychosocial Support to bereaved families.

6.4.6. The OCD Regional Offices shall coordinate with the P/C/MSWDO to facilitate the processing of requirements for the benefit claims of the bereaved families: EATCcI

6.4.6.1 Barangay Certificate as resident and claimant is the legal beneficiary from the Barangay Captain

6.4.6.2 Police report of LDRRMC report from the local PNP/LDRRMC

6.4.6.3 Death certificate from the local civil registrar

6.4.6.4 Endorsement for payment from LDRRMC

6.4.6.5 Endorsement of OCDRO to the chairperson of the NDRRMC

7.0 Systems Support to Operations

7.1. Protocols

7.1.1. Existing policies and guidelines on MDM shall be reviewed, enhanced and harmonized with the overall policies and guidelines of the NDRRMC on the overall disaster management (e.g., consistency with the ICS policy, foreign medical teams' policy, reporting policy, etc.).

7.1.2. Each concerned agency/implementing partner shall be responsible in developing MDM SOP's within their respective agencies and units.

7.1.3. New policies and guidelines shall be developed on other essential components of the MDM as the need arises (e.g., MDM resulting from CBRNE) and a Manual of Operations containing all the standards operating procedures (SOPs) on the components of the MDM shall be developed as reference for all concerned agencies/implementing partners.

7.1.4. Efforts must be undertaken to disseminate every policy/guideline on MDM and communicated to all concerned units/staff through various channels and forms.

7.1.5. Adoption of and compliance to policies and guidelines shall be tracked and integrated in the monitoring and evaluation efforts.

7.2. Human Resource Development

7.2.1 National and Regional MDM Rapid Deployment Mobile Teams (RDMT) shall be organized composed of members from the different implementing partners.

7.2.2 Multi-sectoral MDM teams shall be organized at each level composed of members from the different implementing partners.

7.2.3 Training program/s shall be developed, enhanced and harmonized to enhance competencies (KAS) of the MDM team members in the performance of their expected functions.

7.2.4 Technical Working Groups (TWGs), composed of representatives from concerned agencies involved in the training program will be created to develop specific training modules.

7.2.5 A pool of trainers on the MDM training program should be established to cascade training to the local level.

7.2.6 A Training Plan shall be developed by each concerned agency and submitted to DILG for consolidation.

7.2.7 A Human Resource Development Plan shall be prepared by all implementing partners, specifying the following: the number of personnel/staff to be deployed/mobilized for MDM, by category, the qualifications required and the level or type of training program they need to undergo.

7.2.8 Volunteers should be properly screened and shall undergo the same MDM Training.

7.2.9 All responders shall be provided with PPEs by their mother agencies/organizations.

7.2.10 The DILG shall take the lead in establishing the identifying mark for all responders for MDM.

7.2.11 A minimum benefit package of services, but not limited to, shall be made available to all responders:

7.2.10.1. n  Medical service by the DOH-retained hospital

7.2.10.2. Biological sampling from the NBI

7.2.10.3. Annual physical examination by the AFP (through MOA)

7.2.10.4. Blood supply free of charge from PRC

7.2.12 A debriefing or other psychosocial support shall be administered to all responders.

7.2.13 Corresponding awards and recognition program for MDM responders shall be put in place. DHITCc

7.3. Networking and Collaboration

7.3.1. The DILG shall conduct semi-annual consultative meetings among its implementing partners or as often as needed.

7.3.2. The DILG shall organize and lead in the annual planning and joint monitoring and evaluation on MDM.

7.3.3. The following resource-sharing mechanisms shall be established and strengthened:

7.3.4.1. technical expertise mobilization and complementation

7.3.4.2. logistics support for retrieval, storage, identification and disposition of the dead

7.3.4.3. harmonization of training program

7.3.4.4. sharing of databases

7.3.4.5. utilization of allocated funds for MDM

7.3.5. The MDM cluster shall coordinate with the Logistics Cluster of the National Disaster Response Plan for transportation and equipment needed by responders.

7.3.6. At the local level, the Local Chief Executive shall oversee the MDM process. In case of extreme events where the LGU is overwhelmed, the chairperson of NDRRMC or his designate shall be the ICS commander.

7.3.7. The NDRRMC shall establish check-in counters for all responders (local and foreign) at designated points of entry (airport, seaport and land) for screening, briefing and proper deployment.

7.3.8. An accreditation program for local volunteers shall be established for the different categories of MDM volunteers led by DILG in collaboration with concerned implementing partners.

7.3.9. Foreign volunteers shall undergo assessment in coordination with the International Humanitarian Relations Cluster that shall be based on registration criteria set by the MDM lead agency.

7.4. Reporting

7.4.1. The affected LGUs shall submit to the RDRRMC Operations Center an initial report on the number and causes of deaths, location, initial actions taken and needs related to MDM within 12 hours after the occurrence of a disaster or emergency. The report shall be signed by the Local Chief Executive and counter signed by the Local Health Officer; copy furnished the Regional Offices of DOH and DILG.

7.4.2. The following information shall be reported to NDRRMC copy furnished DOH by the LGU on a daily basis:

7.4.2.1. Number of deaths

7.4.2.2. Number of missing

7.4.3. Each implementing agency shall identify key indicators to be reported to management of the dead.

7.4.4. The MDM process and results shall be documented by the lead cluster NDRRMC every after disaster, upon the end of retrieval operations by the LGUs.

7.4.5. LGUs and R/P/C/MDRRMC shall be guided by proper protocol on confidentiality of reports.

7.4.6. The Chairperson, LDRRMC shall prepare and submit reports of fatalities to RDRRMC based from the following sources taking into consideration the time of report:

7.4.6.1. Identified — DVI Team, LHO, private hospitals and other health facilities

7.4.6.2. Unidentified — DVI Teams, private hospitals and other health facilities

7.4.7. The report of the identified human remains shall be submitted by the Chairman of LDRRMC counter signed by the Local Health Officer (LHO) to the Chairperson of the RDRRMC taking into consideration the time of report, copy furnished DOH Regional Office.

7.4.8. The PNP and NBI DVI Teams shall submit reports of unidentified human remains to the LCE and LHO. The Chairman of LDRRMC shall report the same to RDRRMC taking into consideration the time of report, copy furnished DOH Regional Office.

7.4.9. OCD shall be the repository of all information/reports, which could be shared and/or accessed by concerned agencies.

7.5. Communication

7.5.1. In time of disasters, the established communication networks within the NDRRMC member agencies shall be used in the dissemination of information and other updates at all levels.

7.5.2. The NDRRMC shall be designated as the clearinghouse for information dissemination. cEaSHC

7.5.3. The information officer appointed by the Incident Commander at all levels shall ensure that media coverage follow ethical standards set by MTRCB.

7.5.4. Incorporate into the menu of messages, information disseminated by the Information Desk, which includes following:

7.5.4.1. Where families with missing persons will go for inquiry and assistance about their loved ones

7.5.4.2. Process in the identification of the dead body

7.5.4.3. Requirements to avail benefits or assistance

7.5.5. The Public Information Agency (PIA) shall coordinate the development of information communication plan on MDM through their local Public Information Officer (PIO) in collaboration with other information partners.

7.6. Information Management System

7.6.1. The following databases shall be established and generated from all implementing partners and to be maintained/updated by OCD:

7.6.1.1. Responders with corresponding area of expertise

7.6.1.2. Training status of Responders

7.6.1.3. Accreditation status of volunteers

7.6.1.4. Registry of accredited experts

7.6.1.5. Inventory of equipment and infrastructures

7.6.1.6. List of dead persons and missing persons

7.6.2. Management of databases must be guided by proper protocol on confidentiality, relevance of use, timeliness and accuracy.

7.7. Logistics Management

7.7.1. Each implementing partner in charge with the MDM process shall identify the basic package of logistics needed with corresponding specifications. The DOH shall provide standards and specifications for cadaver bags and personal protective equipment (PPEs), and provide protocols on preventing contamination of the environment.

7.7.2. An inventory of these logistics shall be undertaken at all levels.

7.7.3. Based on the standard package of logistics requirement, each implementing partner shall develop a procurement plan for MDM and shall integrate these into their respective Emergency Preparedness and Response Plan.

7.7.4. Prepositioning of stockpiles shall be implemented in identified strategic areas.

7.7.5. The management of all donated equipment/logistics shall be included in the overall policy on foreign donated goods.

7.8. Monitoring and Evaluation

7.8.1. Joint monitoring shall be undertaken by the MDM cluster led by DILG.

7.8.2. An integrated tool shall be developed to monitor status, compliance, provisions pre- and post-incident.

7.8.3. Post-incident evaluation shall be conducted every post emergency/disaster.

7.9. Research and Development

7.9.1. The MDM Cluster shall come up with a research agenda on MDM.

7.9.2. Resources shall be mobilized to support conduct of researches.

7.9.3. Results of researches shall be disseminated to all concerned agencies and partners.

7.10. Financing

7.10.1. Each implementing partner shall allocate funds for MDM operations.

7.10.2. NDRRMC shall exert all efforts to mobilize additional resources to support MDM operations.

7.10.3. The LGUs, external and internal agencies shall likewise allocate funds in their annual budget for MDM operations.

7.10.4. DILG with OCD shall establish flexible mechanisms, in consultation with Commission on Audit (COA) to fast track the release and utilization of funds for MDM.

8.0 Separability Clause

Should any of the provisions herein be declared invalid or unconstitutional by the appropriate authority or courts of law respectively, the same shall not affect the other provisions' validity unless otherwise so specified. CTIEac

9.0 Repealing Clause

The provisions from previous issuances and other related orders that are inconsistent or contrary to this Order are amended and modified accordingly.

10.0 Dissemination

The OCD, DOH, DILG, DOJ-NBI and DSWD and its regional offices shall disseminate this Memorandum Circular to all local counter parts and LGUs within their territorial jurisdiction.

11.0 Effectivity

This Circular shall take effect immediately.

APPROVED BY THE NDRRMC:

(SGD.) MEL SENEN S. SARMIENTOSecretary, DILG and

(SGD.) CORAZON JULIANO-SOLIMANSecretary, DSWD and

(SGD.) MARIO G. MONTEJOSecretary, DOST and

(SGD.) EMMANUEL F. ESGUERRAActing Director-General, and

(SGD.) VOLTAIRE T. GAZMINSecretary, DND and

ANNEX A

Organizational Structure Supporting the MDM

n Note from the Publisher: Copied verbatim from the official document. Irregular numerical sequence.

n Note from the Publisher: Copied verbatim from the official document. Irregular numerical sequence.

n Note from the Publisher: Copied verbatim from the official document. Irregular numerical sequence.