Councilor Acosta says ordinance on preemptive evacuation is enforceable

Councilor Luna Maria Dominique S. Acosta reminded Dabawenyos during the regular session of the City Council on Tuesday that the preemptive and forced evacuation ordinance is enforceable.

Acosta also urged the public to follow the system in case of calamities and other emergencies.

It can be recalled that last year, Acosta filed Resolution No. 01282-23 with its corresponding ordinance, Ordinance No. 0246-23, both series of 2023, entitled “an ordinance establishing the integrated preemptive and emergency evacuation system in case of emergencies caused by natural or man-made hazards or disasters providing penalties therefore.”

Acosta mentioned that seven individuals were already apprehended for violating the ordinance and were endorsed to the Davao City Police Office (DCPO) for approriate measures.

The ordinance is in line with Memorandum Circular No. 122 series of 2018 on August 8, 2018, issued guidelines for the local government units (LGUs) on the strengthening of evacuation systems using the Local Disaster Risk Reduction and Management Fund (LDRRMF).

Acosta emphasized in the resolution that preemptive evacuation means an evacuation ordered as a resort when a disaster has been declared danger or loss of life is imminent, and conditions exist that may critically imperil or endanger the lives of those in a defined area.

Section 5 of the resolution on the implementation of the preemptive evacuation among the protocols to be observed include: upon the assessment and monitoring relative to imminent danger caused by the weather disturbance and other hazards, the City Disaster Risk Reduction and Management Office (CDRRMO)-Operation Center through the head office shall immediately inform the city mayor and seek clearance for the implementation of evacuation procedures and protocols.

The resolution also states that the preemptive evacuation shall be enforced in three different levels: Level 1 refers to a voluntary evacuation during the green warning signal; Level 2 refers to the evacuation of vulnerable sectors, within four hours, enforced during the yellow warning signal; and Level 3 refers to complete evacuation, within four hours, enforced during orange and red warning signal.

Residents or would-be disaster victims are mandated to evacuate in view of an imminent danger to their lives.

In cases where the residents/inhabitants or would-be disaster victims refuse or resist vacating, he or she may be forcibly taken if the situation warrants as a means of ensuring his or her safety.

If anyone within the affected area does not adhere to the order of evacuation during a Level 2 or Level 3 preemptive evacuation, the person may be compulsory taken, if the situation warrants as a means of ensuring his or her safety.

Section 13 provides the penalty clause which states that any person if found to have not complied with any provisions of the ordinance shall face the following penalties: a fine of P1,000 for committing the act of subsection of Section 12 (prohibited acts); a fine of P3,000 for committing the acts under subsections of Section 12; and a fine of P5,000 and/or imprisonment not exceeding one month at the discretion of the court for committing the acts under subsections of Section 12.

It is the goal of the ordinance to ensure the safety of Dabawenyos, particularly those living near the riverbanks, during calamities such as flooding, landslides and fire incidents.

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