Abstract
This chapter explained the post-disaster recovery (PDR) process in the Philippines under the Philippine Disaster Risk Reduction Act (PDRRMA) of 2010, the country’s primary disaster-management law enacted by the Philippine legislature after the devastating Tropical Storm Ketsana (locally known as Typhoon Ondoy) that left thousands of poor people homeless in 2009. Unlike the old disaster-management law, PDRRMA does not only reorganize the country’s disaster-management system but also adopt a more proactive and holistic stance to disaster management by incorporating, for the first time, some legal provisions on post-disaster recovery under the “build back better” (BBB) principle that requires adequate housing and relocation to disaster victims. However, this legal development did not assure a rule-based implementation of the PDR of typhoon victims in terms of housing and relocation. Using the sociological and normative pluralist perspectives, this chapter argued that the broad and brief provisions of PDRRMA on PDR allowed the influence of the plurality of state laws and regulations, as well as informal and cultural normative systems, to determine the outcome of the Typhoon Ketsana victims’ PDR, resulting in more negative unintended effects that intensified the suffering of the disaster victims.
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Notes
- 1.
The National Disaster Coordinating Council (NDCC) was renamed the “National Disaster Risk Reduction Management Council” after the enactment of PDRRMA in 2010.
- 2.
See “Too Much Rain Too Soon” at http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090927-227074/Too-much-rain-too-soon. The enhanced southwest monsoon brought by Typhoon Ondoy caused widespread flooding in almost all parts of Metro Manila Central and Southern Luzon and some parts of Visayas and Mindanao. A total 993,227 families/4,901,234 persons were affected in 2018 barangays, 172 municipalities, and 16 cities of 26 provinces of various regions in the Philippines: 464 dead, 529 injured, and 37 missing. The estimated cost of damage to infrastructure and agriculture amounted to PHP 11 Billion. See: National Disaster Coordinating Council (NDRRC) Report at http://www.ndrrmc.gov.ph/attachments/article/92/Narrative_Report_re_Tropical_Storm_Ondoy_%28.KETSANA%29_and_Typhoon_Pepeng_%28PARMA%29_2009.pdf.
- 3.
Before the enactment of the DRRM, the Philippines concurred to the adoption of the Hyogo Framework for Action 2005–2015: Building the Resilience of Nations and Communities to Disasters in January 2005. See: http://www.drr-law.org/resources/Philippines-Desk-Survey.pdf. The slogan “Build Back Better” first emerged during the multi-national recovery effort after the Indian Ocean Tsunami (Clinton, 2006; Lyons, 2009) as the need to improve current reconstruction and recovery practices and generate safer communities emerged (Mannakkara & Wilkinson, 2014). Boano (2009), Khasalamwa (2009) and Ozcevik et al., (2009) proposed that “build back better” in the post-disaster reconstruction phase must not only restore communities to their pre-disaster states but also create safer, more sustainable and resilient communities.
- 4.
- 5.
Philippine Statement (Delivered by Senator Loren Legarda on behalf of President Benigno Aquino III). 3rd UN World Conference on Disaster Risk Reduction Sendai, Japan, March 15, 2015. http://www.senate.gov.ph/press_release/2015/0315_legarda3.asp.
- 6.
United Nation Resolution No. 46/182, issued during the 78th plenary session on 19 December 1991, recognized the need for countries to adopt a framework for disaster reduction, mitigation, and the prevention of and preparation for disaster risks. Countries adopted this resolution during the World Conference on Disaster Reduction in Kobe, Hyogo, Japan, Countries in the Hyogo Framework for Action on Disaster Mitigation. The members of the Association of Southeast Asian Nations (ASEAN) also adopted this framework on 25 July 2005 by signing the Agreement on Disaster Management and Emergency Response (AADMER) (Calde, 2013). The Philippines, being a member of the ASEAN, passed two disaster laws to legislate this framework: the Climate Change Act (Republic Act 9279) and the Disaster Risk Reduction Management Act (Republic Act 10121).
- 7.
Although not understood within the context of disaster, Tercan (2001) defined relocation as removal to another location due to the provision of land or housing either voluntarily or involuntarily (as cited in Imura & Shaw, 2009, p. 9).
- 8.
The PDRRMA incorporated internationally accepted principles and guidelines of disaster-risk‒reduction management, see: Rule 1, Section 3 (c) of the Implementing Rules of PDRRMA issued by the National Disaster Coordinating Council (NDCC) at http://www.ndrrmc.gov.ph/attachments/article/95/Implementing_Rules_and_Regulartion_RA_10121.pdf.
- 9.
Klabbers, J. and Piiparinen, T. (n.d.) Normative pluralism: An exploration. Available at: www.disciplinas.stoa.usp.br.
- 10.
Legal monism is the idea that there must be one and only one centralized hierarchal legal system in each state (Maldonado, 2009).
- 11.
Legal pluralists continue to debate the nature of law and what separates it from non-legal normative systems. In this book, laws, rules, and regulations are generally understood as official norms or laws that are enacted by the state either through the Philippine Congress, local councils or by executive departments tasked by the national legislature to draft the implementing rules and regulations (IRR) of a statute.
- 12.
- 13.
It is Spanish term that refers to a system of godparenting. It is a fictive kinship system established through sponsorship in the Catholic Church’s baptism, confirmation, or matrimony ceremony. Through compadrazgo, the child’s parents and godparents—now known as compadres (literally “co-fathers”) and comadres (“co-mothers”)—enter into a complex relationship of rights and obligations. When in need, a family often turns to its children’s godparents for assistance (http://countrystudies.us/mexico/59.htm). In the Philippines, politicians are known to sponsor mass weddings and baptism to expand their political network.
- 14.
Investigations and allegations of corruption and palakasan in Philippine housing are often connected with kinship ties. The Montalban Relocatees Association (MRA), for instance, asserted that San Jose Builders, one of the developers of the the SRHP, continues to receive multimillion housing contracts from government despite numerous complaints because the executive secretary of the president is a brother-in-law of the owner of the company. In a corruption investigation in the Philippine Senate, it turned also turned out that the President of Pag-ibig, the government provider of loans for socialized housing, is a relative of the Chief of Staff of the Vice President, who is the housing czar of the government.
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Ballano, V.O. (2017). Typhoon Ketsana and Normative Pluralism in the Philippine Post-disaster Recovery System. In: Law, Normative Pluralism, and Post-Disaster Recovery. Springer, Singapore. https://doi.org/10.1007/978-981-10-5074-9_3
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