AN ACT STRENGTHENING AND MODERNIZING THE BUREAU OF FIRE PROTECTION AND APPROPRIATING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11589, September 10, 2021 ]

AN ACT STRENGTHENING AND MODERNIZING THE BUREAU OF FIRE PROTECTION AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

TITLE I
TITLE AND DECLARATION OF POLICY

Section 1. This Act shall be known as the "Bureau of Fire Protection Modernization Act."

Section 2. Declaration of Policy. – It is the policy of the State to ensure public safety through the prevention and suppression of all kinds of destructive fires, with the active support of the community.

Towards this end, the State shall formulate and implement plans and programs to enhance and modernize the Bureau of Fire Protection, expand its mandate and capability, and ensure its responsiveness to the changing needs of the community.

TITLE II
POWERS AND FUNCTIONS OF THE BFP

Section 3. Strengthening of the Bureau of Fire Protection. – The Bureau of Fire Protection (BFP), created under Republic Act No. 6975, otherwise known as the “Department of the Interior and Local Government Act of 1990”, as amended, shall exercise the following powers and functions:

TITLE III
BFP MODERNIZATION PROGRAM

Section 4. BFP Modernization Program. – The BFP shall, in coordination with the DILG, establish and implement the BFP Modernization Program which shall be geared towards the enhancement of the capability of its personnel and acquisition of state-of-the-art fire prevention, fire suppression, fire investigation, and emergency medical and rescue services facilities and equipment. The BFP Modernization Program shall consist of the following components:

In order to accelerate the Personnel Development Program, the BFP shall encourage and promote volunteerism and shall develop guidelines for the enlistment and training of BFP volunteers, Internationally accredited training consultants and advisers may be hired if the BFP determines that there is no Filipino citizen who is competent, able, and willing to provide the same expertise.

The BFP shall, in coordination with the Department of Health (DOH) and the Technical Education and Skills Development Authority (TESDA), provide necessary trainings for its EMS, which include infection control and exposure, emergency vehicle response, incident rehabilitation, critical incident stress management, response to HAZMAT, response to mass casualty incidents (MCI), and response to vehicle accidents, among others.

Section 5. Submission to Congress. – Within one hundred eighty (180) days from effectivity of this Act, the BFP shall, in consultation with the Secretaries of the DILG, DBM and the Department of Finance (DOF), submit the BFP Modernization Program to Congress. It shall contain the following:

Thereafter, the BFP shall, through the DILG Secretary, submit to the Office of the President and Congress, as annual report containing the progress and status of the implementation of the BFP Modernization Program.

Section 6. Multi-Year Contract and Other Contractual Arrangements. – (a) The BFP may enter into multi-year contracts or other contractual arrangements with local or foreign suppliers and contractors in the implementation of this Act, pursuant to the BFP Modernization Program, projects and appropriations approved by Congress, subject to the approval of the President, the provisions of existing laws and regulations including those of the Commission on Audit and under such terms and conditions most favorable to the government.

Section 7. BFP Modernization Trust Fund. – The trust fund created pursuant to Section 13 of Republic Act No. 9514 shall be transferred to a new trust fund to be known as the BFP Modernization Trust Fund. It shall be administered by the Chief of the BFP in accordance with existing government budgeting, accounting and auditing rules and regulations.

The BFP Modernization Trust Fund shall be used exclusively for the implementation of the BFP Modernization Program as provided for in this Act, including all expenses necessary for the procurement of facilities, machineries, equipment and services: Provided, That expenses chargeable against the trust fund shall exclude salaries and allowances for BFP personnel.

The BFP Modernization Trust Fund shall be sourced from the following:

The amount allocated shall be released to the BFP based on the objectives of the BFP Modernization Program as provided for in this Act: Provided, That the fund releases charged against the trust fund shall not be subject to any ceiling by the DBM.

Section 8. Local Equity in the BFP Modernization Program. – City and municipal governments shall be authorized to use their respective shall from all taxes, fees, and fined collected pursuant to Republic Act No. 9514, for the following purposes:

Local government units shall be authorized to implement development programs and projects complementary and supplementary to the BFP Modernization Program, to be charged against the allocation for local development projects as provided in Section 287 of Republic Act No. 7160, as amended: Provided, That development programs and projects implemented by LGUs in accordance with this Act shall be included in their respective local development plans and annual investment programs.

Section 9. Period of Implementation. – The BFP Modernization Program shall be implemented over a period of ten (10) years effective upon the date of the approval of this Act: Provided, however, That payment for amortization of outstanding multi-year contracts and obligations incurred under the modernization program may extend beyond this period.

Section 10. Strict Application of Ease of Doing Business and Efficient Government Service Delivery Act of 2018. – Section 10 of Republic Act No. 11032 and its implementing rules and regulations shall be strictly enforced in the processing of any application or renewal of fire safety permits, clearances and certificates.

Any law to the contrary notwithstanding, a fire safety inspection certificate shall not be required for the processing and approval of local business permits for professionals, freelancers, self-employed persons, individual contractors, and one person corporations who are engaged in service activities and who registered their respective residences as their principal place of business.

Section 11. Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee composed of four (4) Senators and four (4) Representatives appointed by the Senate President and the
Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the Senate Committee on Public Order and Dangerous Drugs and the House of Representatives Committee on Public Order and Safety. The Minority shall have at least one (1) representative from each Chamber.

The Oversight Committee shall monitor and oversee the implementation of the provisions of this Act. It shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports and technical advice, invite or summon by subpoena ad testificandum any public official or private citizen to testify before it, or require any person by subpoena duces tecum documents or other materials as it may require consistent with the provisions of this Act: Provided, That within five (5) years after the effectivity of this Act, or as the need arises, the Congressional Oversight Committee shall conduct a sunset review of this Act. The term “sunset review” shall mean a systematic evaluation of the accomplishments and impact of this Act, as well as the performance and organizational structure of its implementing agencies, for purposes of determining remedial legislation.

Section 12. Appropriations. – The amount necessary to implement the provisions of this Act shall be sourced from the BFP Modernization Trust Fund as provided in Section 7.

In addition, the annual appropriations for the BFP Modernization Program shall include the amount necessary to support the funding requirements for all modernization projects submitted to Congress. The funds to be appropriated to implement the provisions of this Act shall be included in the General Appropriations Act under the BFP.

TITLE IV
FINAL PROVISIONS

Section 13. Implementing Rules and Regulations. – The DILG and the BFP shall, in coordination with appropriate national agencies, LGUs, nongovernment organizations and other stakeholders, within ninety (90) days from the effectivity of this Act, promulgate the rules and regulations to effectively implement the provisions of this Act.

Section 14. Separability Clause. – If any part, section or provision of this Act is declared invalid or unconstitutional, the sections or provisions which are not affected shall remain valid and subsisting.

Section 15. Repealing Clause. – Section 54 of Republic Act No. 6975, as amended and Sections 5, 12 and 13 of Republic Act No. 9514 are hereby amended or modified accordingly.

All laws, decrees, ordinances, rules, regulations, other issuances or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Section 16. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which is a consolidation of House Bill No. 7406 and Senate Bill No. 1832 was passed by the House of Representatives and the Senate of the Philippines on August 4, 2021.

Approved: SEP 10 2021

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines