The Legally Inclined Blog: Typhoon Ondoy

Showing posts with label Typhoon Ondoy. Show all posts

Saturday, October 17, 2009

Philippine government shows how not to manage relief efforts

By Siesta-friendly

When it rains, it pours. No, this is not about the 2 typhoons that really overstayed their welcome these past 2 weeks. It’s about the never-ending incompetence of our government officials. While typhoons Ondoy and Pepeng flooded our streets (and homes) with rain, the government has flooded us with ineptitude.

There’s enough incriminating evidence out there on government corruption that allowed the setting up of residential areas where there shouldn’t be thus making residences and human lives very vulnerable to floods. And there’s more material on the government’s lack of rescue efforts (boats, manpower, intention).

But now the government has gone on messing relief work as well. So there’s been no relief from government ineptitude as well.

Prohibiting importation of used clothing for typhoon victims

ABS-CBNNEWS online reported this week that donations to typhoon victims of used clothing set to leave Saipan were disallowed by a Philippine Consul General citing Republic Act No. 4653 (An Act To Safeguard The Health Of The People And Maintain The Dignity Of The Nation By Declaring It A National Policy To Prohibit The Commercial Importation Of Textile Articles Commonly Known As Used Clothing And Rags).

True, said RA 4653 prohibits the importation of used clothing BUT the law has exceptions and it specifically cites one exception as Subsection "v" of Section 105 of Republic Act 1937 (Tariff and Customs Code of the Philippines) which reads:

“v. Food, clothing, house-building and sanitary-construction materials, and medical, surgical and other supplies for use in emergency relief work, when imported by or directly for the account of any victim, sufferer, refugee, survivor or any other person affected thereby, or by or for the account of any relief organization, not operated for profit, for distribution among the distressed individuals, whenever the President shall, by proclamation, declare an emergency to exist by reason of a state of war, pestilence, cholera, plague, famine, drought, typhoon, earthquake, fire, flood and similar conditions: Provided, That the importation free of duty of articles described in this herein subsection shall continue only during the existence of such emergency, or within such limits and subject to such conditions as the President may, by his proclamation, deem necessary to meet the emergency. [emphasis supplied]

There’s more.

Coursing all donations to the DSWD

In her Presidential Directive dated September 29, 2009, Gloria Arroyo stated that foreign donations coursed through the DSWD will not be taxed nor confiscated by the Bureau of Customs. Meaning foreign donations that go straight to the beneficiaries or relief organizations will be taxed or confiscated.

This new directive is contrary to Subsection “u” of the same Section 105 of RA 1937, which states:

“Section 105. Conditionally Free Importations. The following articles shall be exempt from the payment of import duties upon compliance with the formalities prescribed in, or with the regulations which shall be promulgated by the Commissioner of Customs with the approval of the department head:

xxx

u. Articles donated to public or private institutions established solely for educational, scientific, cultural, charitable, health, relief, philanthropic or religious purposes, for free distribution among, or exclusive use of, the needy.” [emphasis supplied]

There are just too many ugly possibilities with this scenario: 1) the Arroyo Government’s possible exploitation of the chance to make it appear the donations come from the government (or worse, any one of the Arroyos’ foundations); 2) the government’s control in determining the beneficiaries (contrary to the donors’ intentions); 3) the possibility of taxing or confiscating relief goods contrary to law; and 4) the delay, if not the holding back, of donations by donors already wary of government corruption.

Given these developments, the best alternative would be is to donate in cash. Foreign donors could also choose to just pay the tax to have control over their goods.

Foreign donors may also send donations directly by balikbayan box c/o OFWs to relatives or friends in the Philippines then have the latter deliver the goods to relief organizations or relief centers themselves. But the boxes could take about 2 months to arrive and would only be on a piece-meal basis at a time when volumes of relief goods are needed.

There’s a lot more to complain about the acts of government authorities nowadays (we’re still waiting for heads to roll for their contributory fault and negligence to 2 recent acts of God), let’s give them as less control of our acts as much as possible in helping one another.

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Wednesday, September 30, 2009

New things we learned (during Typhoon Ondoy and in its aftermath). So far.

By Siesta-friendly

1. In support of its breastfeeding priority policy, EO 51 prevents manufacturers and distributors of breast milk substitutes (read: milk) without DOH approval. Makers and distributors requested to donate milk claimed they were prevented from donating milk because the DOH was withholding its approval.

The issue seems to have been resolved with the DOH eventually relenting but a couple of days after Ondoy left.

2. The government of a country with only a wet and dry season could not deploy rescuers while the rains were falling and the streets were flooded as government people are apparently allergic to rains and floods. The alternative view that they are too stupid to act is harder to take.

3. The government of our archipelago - where fishing and ferrying are big - can not find 50 boats to rescue hundreds of thousands of victims. The national government dispatched 49 rubber boats to rescue people.

4. The government of 7,100 islands has a navy with only 13 rubber boats. 13 of the 49 boats rubber boats dispatched by the government were those from the Philippine Navy.

5. Marikina River – 11 km long with an area of 220 ha. – only has 13 rubber boats.

6. Government helicopters can only go on reconnaissance missions, not rescue.

7. We actually have a National Disaster Coordinating Council. [Pause to reflect] Well, maybe to function as spin masters to downplay tragedy, make the government look good and blame everything on climate change. Or meet to discuss what else they can’t do and simply keep tabs on the death toll. Then it makes sense.

8. Some people are really incorrigible liars with the latest evidence being the 2009 SONA when she proclaimed that:

“…international authorities have taken notice that we are safer from environmental degradation and man-made disasters.

As a country in the path of typhoons and in the Pacific Rim of Fire, we must be prepared as the latest technology permits to anticipate natural calamities when that is possible; to extend immediate and effective relief when it is not; the mapping of flood-and-landslide-prone areas is almost complete. Early warning, forecasting and monitoring systems have been improved …

We have worked on flood control infrastructure … which will pump the run off waters from Quezon City and Tondo flooding Sampaloc. This will help relieve hundreds of hectares in this old city of its age-old woe.”

9. An LGU can reverse the DepEd’s class suspension order. The Taguig LGU allowed Beacon International (Elementary) School to hold classes on Wednesday (Sept 29) contrary to the DepEd’s order applicable to all NCR schools. Either Taguig, the school or its students are apparently beyond DepEd’s jurisdiction.

Hmmm, does this give rise to a new protocol of getting confirmation from an LGU whenever the DepEd suspends classes?

10. One presidential candidate’s campaigning knows no limit.

11. While other candidates’ campaigns find no reason to stop. Aquino, Estrada met Sunday night over 2010 polls.

12. Willie Revillame has a helicopter.

13. NDCC Chairman Gilbert Teodoro has ambitions of ruling our country.

14. If we elect the same mayors, governors, congressmen, and other leaders based on popularity than actual public deeds and foresight, we’ll continue getting what we vote for: Incompetent service.

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Monday, September 28, 2009

“We did not expect this” (Why did the National Disaster Coordinating Council not expect a disaster?)

By Siesta-friendly

With 3 tv stations, thousands of soldiers already stationed within or nearby affected areas, the necessary manpower, equipment and transportation, and all its power and authority, government rescue efforts were glaringly absent in any of the oral and video reports within the first 24 hours of typhoon Ondoy’s arrival. Not even the rumour of any soldier, army truck, personnel carrier or helicopter actually helping out.

NDCC Member-Agencies

The NDCC is not some small government agency mind you. It is composed of the following government agencies:

Where were they all day of Saturday, September 26, 2009? 48 hours after the typhoon struck, people were still hungry and stranded in their homes.

And we’re not talking about some far-flung province. Hardest hit was Metropolitan Manila where all said agencies are headquartered and where the seat of government lies.

Setting up an excuse, Defense Secretary and National Disaster Coordinating Council (NDCC) Chairman, Gilbert Teodoro, over the radio said that they did not expect what happened. The National Disaster Coordinating Council does not expect a disaster? The government is unprepared for the effects of a typhoon in a country hit by several typhoons annually? Government efforts conspicuously missing despite repeated pleas from people trapped and stranded by flash floods?

What if an earthquake occurred tomorrow? It will also be so easy to say: “we did not expect this”. And yet, the NDCC has a National Calamity and Disaster Preparedness Plan.

The National Calamity And Disaster Preparedness Plan (NDCPP)

Perhaps the NDCC Chairman can be reminded of the NDCPP’s Introductory Statement that reads:

“The Philippines, being in the so-called Circum-Pacific belt of fire and typhoon, has always been subjected to constant disasters and calamities. The great ocean and seas around her … also serve as the spawning areas of destructive typhoons and monsoons. In whatever part of the country we are located, the possibility of our experiencing the gloom and the stark reality of disasters such as floods, typhoons, tornadoes, earthquakes, tsunamis, volcanic eruptions, drought, flashflood and man-made disasters such as land, air and sea disasters, civil strife armed conflict, etc., their resultant toll in lives and properties, is always present ...” [emphasis supplied]

You can speak of disastrous typhoons and floods in your National Calamity and Disaster Preparedness Plan yet be shocked to immobility when it does occur?

NDCC Functions

Or maybe the Chairman can be made to re-visit the functions of the NDCC:

“At the national level, the NDCC serves as the President’s adviser on disaster preparedness programs, disaster operations and rehabilitation efforts undertaken by the government and the private sector. It acts as the top coordinator of all disaster management and the highest allocator of resources in the country to support the efforts of the lower DCC level. In the discharge of its functions, the NDCC utilizes the facilities and services of the Office of Civil Defense as its operating arm.” [emphasis supplied]

Your organization’s stated function is to prepare for and operate during disasters yet you do the exact opposite?

NDCC Chairman’s Message

Or maybe the Chairman can be shown his own message on the NDCC website:

“The development of this website is in line with the NDCC's vision of "A Prepared Population and A Safe Nation." This website aims to be an effective tool in information management in support of the implementation of our country's programs in the areas of disaster mitigation, preparedness, response, and rehabilitation. While our country's system covers the entire spectrum of disaster management, let me emphasize that mitigation and preparedness remains to be the most effective strategies in minimizing the adverse effects of both natural and man-made hazards.” [emphasis supplied]

Lip service. What else?

Its one thing to suffer from a typhoon, even flash floods. The whole world is suffering from the effects of climate change. But it is revealing of the kind of government we have when the immediate rescue efforts and emergency help to disaster victims are provided only by their fellow citizens and not by their government.

How many soldiers and boats were actually deployed? How many helicopters did more than just reconnoiter? How many of those stranded on rooftops were the helicopters able to save? How may NDCC meetings were necessary to act? When disaster strikes, it should all be a matter of deployment.

No wonder the more than 750,000 displaced last year as a result of the government’s attempt to relinquish sovereignty in some areas in Mindanao (remember the disaster that was the Memorandum of Agreement on Ancestral Domain (MOA-AD)) talk of hell in describing their situation. The NDCC is in charge of their plight too.

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