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

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.

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;

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.