Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1 Regular Session

House Bill No,_9435

Introduced by Representative ERIC GO YAP

EXPLANATORY NOTE

Filipinos are known for their resilience. After every downfall, we find
ways to get up and start anew. However, we must not treat this Filipino
characteristic as an excuse not to craft effective mechanisms to prevent the
harsh effects of a disaster and to rehabilitate communities after a calamity.

In 2010, Republic Act 10121 or the Philippine Disaster Risk Reduction Act
and Management of 2010 was enacted. Through this legislation, the National
Disaster Risk Reduction System Framework was crafted to serve as a guide for
national and local government units. It provides for comprehensive, all
hazards, multi-sectoral, inter-agency, and community-based approach to
disaster risk reduction and management.

In addition, it institutionalized the National Disaster Risk Reduction and
Management Plan (NDRRMP), a document that sets out goals and specific
objectives for reducing disaster risks together with related actions to
accomplish these objectives. It shall provide for the identification, reduction,
and management of hazards, vulnerabilities, and risks and shall determine the
assignment of roles and coordination between agencies and stakeholders.

However, despite this, the impact of previous typhoons revealed the
unpreparedness of the government and respective communities. RA 10121
proved to be inadequate in managing the risks and dealing with the aftermath
of a disaster. Hence, an independent agency must be established focused on
disaster resiliency whose sole responsibility is to lead, organize, and manage

”


the national effort to reduce disaster risk, prepare for and respond to disasters,
and recover and rehabilitate after the occurrence of disasters.

Now, more than ever, there is desperate need to establish the Department
of Disaster Resilience. While we cannot predict when and where disasters will
occur, we can prepare Filipino communities on how to respond before, during,
and after its occurrence. We must knowledgeably assess the risks present in
communities to formulate a set of efficient and effective response in order to
minimize their vulnerabilities.

This bill adopts the version of the same subject that was passed on third
reading in the House of Representatives during the 17 Congress. More so,
President Rodrigo Roa Duterte himself endorsed the immediate creation of the
Department of Disaster Resilience during the 2019 State of the Nation Address.

In view of the foregoing, approval of this bill is earnestly sought.

2 ——_—

ERIC GO YAP


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1* Regular Session

. 5335
House Bill No."

Introduced by Representative ERIC GO YAP

AN ACT CREATING THE DEPARTMENT OF DISASTER RESILIENCE,
DEFINING ITS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS
THEREFOR

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Department of
Disaster Resilience Act”

SEC. 2. Declaration of Policies and Principles. -

(a) Duties of the State.

The State shall carry out and harmonize the policies on disaster risk and
vulnerability reduction and management, environmental management, and climate
change adaptation, and sustainable development to uphold the welfare of the people
particularly in the vulnerable sectors of society.

The State shall uphold its commitment to the achievement of the sustainable
development goals specifically, integrating and implementing policies and plans
towards inclusion, resource efficiency, mitigation and adaptation to climate change,
resilience to disasters, and develop and implementa holistic disaster risk management
at all levels in line with the Sendai Framework for Disaster Risk Reduction 2015-2030.

The State shall uphold its commitment to the United Nations Framework
Convention on Climate Change (UNFCCC) in the stabilization of greenhouse gas
concentrations in the atmosphere at a level that prevents dangerous anthropogenic
interference with the climate system, achievable within a time frame sufficient to
allow the natural adaptation of the ecosystem to climate change, to ensure food
production and food security, and to secure sustainable economic development.

The State shall integrate and accelerate the implementation of the principles,
and concepts of climate change, disaster risk and vulnerability reduction contained in
the Paris Agreement of the United Nations Framework Convention on Climate
‘Change (UNFCCC), the Sendai Framework for Disaster Risk Reduction 2015-2030, the
2015 Asia-Pacific Economic Cooperation (APEC) Disaster Risk Reduction (DRD)



Framework, the 2030 Agenda for Sustainable Development Goals (SDGs), and the
Philippine Development Plan (PDP) 2017-2022 in various phases of policy
formulation, development plans and investments, poverty reduction strategies and
other development tools, and techniques by all national and local agencies,
institutions and instrumentalities of the government to enhance the country’s climate
change adaptive capacity.
It shall be the duty of the State to:
(1) Uphold the people's constitutional right to life and property by minimizing,
if not eradicating, the root causes of vulnerabilities to disasters, strengthening,
the country’s institutional capacity for disaster risk and vulnerability reduction
and management, and building the resilience of local communities to disasters
including climate change impacts, and human induced disasters;
(2) Incorporate internationally accepted principles of disaster risk and
vulnerability reduction and management, and climate change adaptation
including universal principles and standards for humanitarian assistance,
developing and implementing national, regional and local sustainable
development and poverty reduction strategies, policies, plans and budgets, as
part of the country’s commitment to overcome human suffering due to
disasters;
(3) Ensure a science-based in a whole-of-society approach and bottom-up
participation, representation, and decision-making, in climate-disaster risk
governance, risk assessment, risk reduction and risk management, and adopt a
comprehensive, integrated, and proactive approach to lessening the
socioeconomic and environmental impacts of disasters and climate change;
(4) Promote and advance the implementation of a comprehensive Disaster Risk
and Vulnerability Reduction Plan (DRVRP) that aims to strengthen the capacity
of the national government and local government units (LGUs), together with
development partner stakeholders, build the disaster resilience of
communities, and institutionalize arrangements and measures for reducing
disaster risks, including projected climate risks, and enhance disaster
preparedness and response capabilities at all levels;
(5) Recognize the role of, and work with international humanitarian and
development partners especially those with established presence in the
country;
(6) Develop, maintain, and ensure the accessibility of climate and geospatial
information and services to the public through Open Data, which means data
that can be freely used, reused, and redistributed by anyone, subject to
limitations on account of national security consi ns. This may include the
use of impact-based forecast models, and probabilistic hazard maps;
(7) Ensure that disaster risk and vulnerability reduction and climate change
adaptation measures are gender, disability, and vulnerability sensitive, and
culturally sensitive, recognizing indigenous knowledge systems and practices,
and respecting human rights;
(8) Recognize and strengthen the capacities of LGUs, communities and
multiple stakeholders in mitigating and preparing for, responding to, and
recovering from the impact of disasters through identification of local risk
patterns, and decentralized powers, responsibilities, and resources at the
regional and local levels;



(9) Adoptand implement a comprehensive, integrated, efficient and responsive
disaster risk and vulnerability reduction program that is incorporated in the
development plan at various levels of government adhering to transparency
accountability and other principles of good governance within the context of
poverty alleviation and environmental protection;

(10) Mainstream disaster risk and vulnerability reduction in government by
ensuring the risk-informed planning programming, implementation,
monitoring, and evaluation, and the use of quality management,
accountability, and performance systems in measuring, and improving the
effectiveness and efficiency of disaster risk and vulnerability reduction
management processes across all government levels, including those offices
which manage peace processes and conflict-resolution approaches, so as to
minimize loss of lives and damage to properties and ensure that communities
in conflict zones can immediately resume their normal lives at the conclusion
of episodes of intermittent conflicts;

(11) Adopt a disaster risk and vulnerability reduction and management
approach thatis holistic, comprehensive, integrated, and proactive in lessening
the socioeconomic and environmental impacts of disasters including climate
change, promote the involvement and participation of all sectors and all
stakeholders concerned, at all levels, especially the local community;

(12) Prioritize the development of disaster prevention and mitigation measures
involving all levels of society and government;

(13) Adoptrisk sharing and risk transfer mechanisms to ensure the appropriate,
efficient, and timely recovery of disaster-stricken communities, especially for
the poorest and most vulnerable;

(14) Adhere to the principle of “Build Forward Better’ in recovery and
rehabilitation efforts by applying sustainable standards, programs,
technologies, and techniques which enhance resilience against future hazards;
(15) Recognize and respond to the differentiated concerns and needs of
vulnerable groups such as women and girls, children and youth, older persons
with disabilities, urban poor, and indigenous peoples with respect to disaster
risk reduction and management, at the same time, recognizing their inherent
capacities to contribute to resilience;

(16) Create an enabling environment for substantial and sustainable
participation of civil society organizations (CSOs), private groups, volunteers
and communities, and recognize their contributions to the disaster risk
reduction and management efforts of the government;

(17) Ensure the use of advanced science and the most up-to-date technologies
in climate change adaptation, disaster risk, and vulnerability reduction and
management through engagement, consultation, and employment with a
regular department funding of academe or higher education institutions, such
as the University of the Philippines Resilience Institute, University of the
Philippines Nationwide Operational Assessment of Hazards Center and other
scientific research and academic institutions that have a track record and
expertise recognized both locally and internationally as well as the capacity to
implement the science and engineering requirements necessary for effective
climate change adaptation, and disaster risk and vulnerability reduction;



(18) Ensure workers’ rights are proactively respected during the disaster
preparedness and response, and actively engage workers’ and employers’
organizations to share expertise and capacities in disaster risk reduction and
climate change adaptation programs;

(19) Ensure transparency and accountability in climate-disaster_ risk
governance by facilitating access to financial records of public funds and
disaster risk and vulnerability reduction and management data, and ensure the
transparency of humanitarian assistance from all sources;

(20) Adopt and manage a mechanism for the effective resolution of climate
change, disaster risk, and vulnerability reduction and management related to
grievances;

(21) Recognize families as the most basic unit of disaster risk and vulnerability
reduction and management and climate change adaptation by developing the
capacity of local institutions and providing technical assistance and financial
support to the most vulnerable communities;

(22) Ensure that the best possible assistance and services are delivered to
individuals and families affected by disaster and emergency reha
projects to guarantee the resumption of normal social and economic activities;
(23) Establish and maintain the National Loss and Damage Registry; and

(24) Mainstream gender and social inclusion in all aspects of the Department of
Disaster Resilience work from planning, monitoring, to evaluation.

(b) Roles and Responsibilities of Stakeholders. The commitment, goodwill,
knowledge, experience, and resources of relevant stakeholders are critical to
realize a safer, adaptive, resilient and inclusive Filipino community. Citizens
shall have the shared vision and duty to provide support to the State in the
implementation of policies and programs, particularly the Disaster Resilience
Framework and Plan at the national, regional, and local levels.

(1) Civil society organizations, nongovernmental organizations, international
nongovernmental organizations, private sector, practitioners of climate and
disaster mitigation, organized voluntary work organizations and community-
based organizations shall participate, in collaboration with public institutions,
to inter alia, provide specific knowledge and pragmatic guidance in the context
of the development and implementation of normative frameworks, standards
and plans for disaster risk and vulnerability reduction; engage in the
implementation of local, national, regional, and global plans and strategies;
contribute to and support public awareness, a culture of protection, prevention
and conservation, and education on disaster risk; and advocate for resilient
communities and an inclusive and whole of society risk reduction and
management which shall strengthen the synergies across groups, as
appropriate;

(2) Women and Girls shall contribute to and participate in effectively managing
disaster risk and designing, resourcing, and leading implementation of gender
sensitive disaster risk and vulnerability reduction and management policies,
plans, and programs;

(8) Children and the youth as agents of change shall endeavor to actively
contribute to disaster risk and vulnerability reduction, in accordance with
legislation, national practice, and educational curricula; disaster risk reduction
and management at all levels and processes of disaster risk and vulnerability



reduction and anticipatory adaption, including data gathering, planning,
programming, budgeting, implementation, monitoring and evaluation;

(4) For citizens having years of knowledge, skills on climate change adaptation
and disaster risk reduction and wisdom are invaluable assets to reducing
disaster risk, and shall therefore participate in the design of policies, plans and
mechanisms, including those for early warning;

(5) Persons with disabilities, through their existing network or organizations,
shall participate in activities related to assessment, programming, and the
designs of policies, plans, and mechanisms;

(6) Migrants shall contribute to the resilience of communities and societies
using their knowledge, skills and capacities in the design and implementation
of disaster risk and vulnerability reduction and climate change adaptation;

(7) Indigenous peoples and Muslim Filipinos, through their practical
experience and traditional knowledge, shall contribute to the development and
implementation of policies, plans and mechanisms, including those for early
warning;

(8) Urban and rural poor shall contribute to resilience building as well as in the
promotion of a more inclusive and transformative resettlement for informal
settler families in reducing their vulnerability to threats of disaster and climate
risks through state and non-state programs;

(9) Farmers and fisherfolk shall contribute to the promotion and protection of
the environmental resource management that will secure food and nutrition
resilience through the integration of disaster risk and vulnerability reduction
into sustainable development policies and planning;

(10) Emergency responders, community practitioners, and organized volunteer
organizations shall contribute to resilience by providing timely and efficient
emergency response and providing training on basic life support, first aid, and
search and rescue, in accordance with the standards provided by the Research,
Education, and Training Institute of the Department;

(11) Academic and scientific and research entities and networks are encouraged
to focus on their research efforts on disaster risk factors and scenarios,
including emerging disaster risks, in the medium- and long term; partner with
government and increase research for regional, national and local application;
support action by local communities and authorities; and support the interface
between policy and science for decision-making;

(12) Businesses, private sector financial institutions, professional associations,
as well as philanthropic foundations together with financial regulators shall be
encouraged to integrate disaster risk management, including business
continuity, into business models and core business values and practices via
disaster risk-informed investments, especially in micro, small and medium-
sized enterprises; engage in awareness-raising and training for their employees
and customers; engage in and support research and innovation as well as
technological development for disaster risk management; share and
disseminate knowledge, practices and data; and actively participate, as
appropriate under the guidance of the public sector, in the development of
normative frameworks and technical standards that incorporate disaster risk
management; and



(13) The media shall take an active and inclusive role at the local, regional, and
national levels in contributing to the raising of public awareness and
understanding, and disseminate accurate disaster risk, hazard and disaster
information, including on small scale disasters, in a simple, transparent, easy-
to-understand and accessible manner, in close cooperation with national and
local authorities, adopt specific disaster risk and vulnerability reduction
communication policies, support, as appropriate, early warning systems and
life-saving protective measures; and stimulate a culture of prevention and
strong community involvement in sustained public education campaigns and
public consultations at all levels of society, in accordance with national
practices.

SEC. 3. Definition of Terms. - As used in this Act:

(a) Adaptation refers to the adjustment in natural or human systems in
response to actual or expected climactic stimuli or their effects, which moderates harm
or exploits beneficial opportunities.

(b) Assisting Actor refers to any Assisting International Actor and any
Assisting Domestic Actor responding to a disaster in the country.

(©) Assisting Domestic Actor refers to any not-for-profit entity established
under domestic laws, which is responding to a disaster in the country.

(d) Assisting International Actor refers to any foreign state, organization, entity
or individual responding to a disaster within or transiting through the country to
respond to a disaster in another country.

(e) Build Forward Better refers to an approach to building and/or
reconstructing an area or community, which entails a shift from simple recovery and
restoration to safer, more adaptive, resilient, and inclusive communities.

(f) Capacity refers to the combination of all strengths, attributes and resources
available within a community, society or organization that can reduce the level of risk,
or impacts of a disaster. Capacity may include infrastructure and physical means,
institutions, societal coping abilities, as well as human knowledge, skills and collective
attributes such as social relationships, leadership and management. Capacity may also
be described as capability.

(g) Civil Society Organizations (CSOs) refer to non-state actors whose aims are
neither to generate profits nor to seek governing power, but to unite people to advance
shared goals and interests. They have a presence in public life, expressing the interests
and values of their members or others, based on ethical, cultural, scientific, religious
or philanthropic considerations. CSOs include nongovernment organizations (NGOs),
professional associations, foundations, independent research institutes, community-
based organizations (CBOs), faith-based organizations, people's organizations, social
movements, and labor unions.

(h) Climate Change refers to a change in the state of the climate that can be
identified by changes in the mean and/or the variability of its properties, and that
persists in an extended period, typically decades or longer, whether due to natural
variability or as a result of human activity as defined under Republic Act No. 9729,
otherwise known as the “Climate Change Act of 2009”. These include internal
processes or external forces such as modulation of the solar cycles, volcanic eruptions
and persistent anthropogenic changes in the composition of the atmosphere or in land
use.



(i) Climate Change Adaptation refers to the adjustment in natural or human
systems in response to actual or expected climatic stimuli or their effects, which
moderate harm or exploits beneficial opportunities.

(j) Climate Finance refers to finance that aims to reducing emissions, and
enhancing sinks of greenhouse gases and aims at reducing vulnerability of, and
maintaining, and increasing the resilience of, human and ecological systems to
negative climate change impacts.

(k) Community-Based Disaster Risk Reduction and Management (CBDRRM)
refers to a process of disaster risk reduction and management in which at risk
communities are actively engaged in the identification, analysis treatment, monitoring,
and evaluation of disaster risks in order to reduce their vulnerabilities and enhance
their capacities, and where the people are at the heart of decision-making and
implementation of disaster risk reduction and management activities.

() Complex Emergency refers to a form of human-induced emergency in which
the cause of the emergency as well as the assistance to the afflicted is complicated by
intense level of political considerations.

(m) Contingency Planning refers to a management process that analyzes
specific potential events or emerging situations that might threaten society or the
environment and establishes arrangements in advance to enable timely, effective and
appropriate responses to such events and situations.

(n) Dangerous Anthropogenic Interference refers to the effect in the climate
system as a result of the increase of greenhouse gas concentrations in the atmosphere
that leads to widespread climate change impacts such as widespread demise of coral
reefs.

(0) Disability refers to an evolving concept that results from the interaction
between persons with impairments, societal barriers, as defined under Republic Act
No. 7277, and attitudinal and environmental barriers that hinder their full and
effective participation in society on an equal basis with others.

(p) Disaster refers to a serious disruption of the functioning of a community or
a society involving widespread human, material, economic or environmental losses
and impacts, which exceeds the ability of the affected community or society to cope
using its own resources.

(q) Disaster Mitigation refers to the lessening or limitation of the adverse
impacts of hazards and related disasters. Mitigation measures encompass engineering,
techniques and hazard-resistant construction as well as improved environmental
policies and public awareness, land use planning, and climate change.

(1) Disaster Preparedness refers to the knowledge and capacities developed by
governments, professional response and recovery organizations, communities and
individuals to effectively anticipate, respond to, and recover from, the impacts of
likely, imminent or current hazard events or conditions. It includes preparedness for
response such as contingency planning, stockpiling of equipment and supplies, the
development of arrangements for coordination, evacuation, and public information,
and preparedness for recovery such as procurement of land for resettlement sites.

(5) Disaster Prevention refers to the outright avoidance of adverse impacts of
hazards. It expresses the concept and intention to completely avoid potential adverse
impacts through action taken in advance such as construction of dams or
embankments that eliminate flood risks, land-use regulations that do not permit any


settlement in high-risk zones, and seismic engineering designs that ensure the
survival and function of a critical building in any likely earthquake.

(8) Disaster Response refers to the provision of emergency services and public
assistance during or immediately after a disaster in order to secure and save lives,
reduce health impacts, ensure public safety and meet the basic subsistence needs of
the people affected. Disaster response includes disaster relief focused on immediate
and short-term needs of the victims and the vulnerable.

(u) Disaster Risk refers to the potential disaster losses in lives, health status,
livelihoods, assets and services that could occur to a particular community or society
in the future, and is determined by a combination of the vulnerability, capacity,
exposure of persons and assets, hazard characteristics and the environment.

(v) Disaster Risk Governance refers to the way in which public authorities, civil
servants, media, private sector, and civil society coordinate at community, national
and regional levels in order to manage disaster and climate related risks. This means
ensuring that sufficient levels of capacity and resources are made available to prevent,
prepare for, manage, and recover from disasters. It also entails mechanisms,
institutions, and processes for citizens to articulate their interests, exercise their legal
rights and obligations, and mediate their differences.

(w) Disaster Risk Management refers to the systematic process of using
administrative directives, organizations, and operational skills and capacities to
implement strategies, policies and improved coping capacities in order to lessen the
adverse impacts of hazards and the possibility of disaster.

(x) Disaster Risk Reduction refers to the concept and practice of reducing risks
through systematic efforts to analyze and manage the casual factors of disasters,
including through reduced exposure to hazards, lessened vulnerability of people and
property, wise management of land and the environment, and improved
preparedness for adverse events.

(y) Disaster Risk and Vulnerability Reduction (DRVR) refers to the concept and
practice of reducing potential loss of life, injury, or destroyed or damaged assets or
disruption which could occur to a system, society or a community in a specific period
of time, determined probabilistically and conditions determined by physical, social,
economic and environmental factors or processes which increase the susceptibility of
an individual, a community, assets or system to the impacts of hazards through
systematic efforts to analyze and reduce the casual factors of disasters all of which
contribute to strengthening resilience and therefore to the achievement of sustainable
development.

(2) Disaster Risk Reduction and Management Information System refers to a
specialized database which contains, among others, information on disasters and their
human, material, economic, and environmental impact, risk assessment and mapping,
and vulnerable and marginalized groups.

(aa) Early Warning System refers to the set of capacities needed to generate and
disseminate timely and meaningful warning information to enable individuals,
communities and organizations threatened by a hazard to prepare and to act
appropriately and in sufficient time to reduce the possibility of harm or loss. A people-
centered early warning system necessarily comprises four (4) key elements:
knowledge of the risks; monitoring, analysis and forecasting of the hazards;
communication or dissemination of alerts and warnings; and local capabilities to
respond to the warnings received. The concept of “end-to-end warning system”



emphasizes that warning systems need to span all steps from hazard detection to
community response. Early warning systems include systems developed at the level
of communities or based on indigenous knowledge.

(bb) Ecosystem Management and Restoration refers to an integrated process to
conserve, improve and restore the health of the ecosystem that sustains ecosystem
services for human well-being.

(cc) Eligible Assisting Actor refers to any assisting actor that has been
determined to be eligible to receive legal facilities as provided in this Act and its
implementing rules and regulations.

(dd) Emergency refers to unforeseen or sudden occurrence, especially danger,
demanding immediate action.

(ee) Emergency Management refers to the organization and management of
resources and responsibilities for addressing all aspects of emergencies, in particular
preparedness, response and initial recovery steps.

(ff) Exposure refers to the degree to which the elements at risk are likely to
experience hazard events of different magnitudes.

(gg) Gender-Based Violence refers to violence that is directed against a woman
because of her gender, or that affects women disproportionately. It includes acts that
inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and
other deprivations of liberty.

(hh) Geographic Information System (GIS) refers to a system used to capture,
store, manipulate, manage and display all types of spatial or geographical data.

(ii) Geographically Isolated and Disadvantaged Area (GIDA) refers to areas
with a marginalized population which is physically and socioeconomically separated
from the mainstream society and characterized by physical factors, and isolated due
to distance, weather conditions and transportation difficulties in island, upland,
lowland, landlocked, hard to reach and underserved communities; and/or
socioeconomic factors such as high poverty incidence, presence of vulnerable sectors,
communities in or recovering from situation of crisis or armed conflict.

(ji) Hazard refers to dangerous phenomenon, either natural or human-induced,
that may cause loss of life, injury or other health impacts, property damage, loss of
livelihood and services, social and economic disruption, or environmental damage.

(kk) Human-Induced Hazard refers to an event caused by humans and occurs
in or close to human settlements or a particular environmental area. This can include
environmental degradation, technological or industrial conditions, pollution,
accidents such as high density events, industrial and transport accidents, complex
emergencies, armed conflict, situations of generalized or organized violence, and
violation of human rights.

(Il) Imminent Danger refers to a situation where, on the basis of official
forecasts, a disaster will or is expected to occur in a particular geographical area and
within an estimated period of time, and where necessary preparedness actions or
financing are required.

(mm) International Disaster Relief and Initial Recovery Period refers to the
period which commences upon the issuance of a request for international disaster
assistance or upon acceptance of an offer, and shall continue until terminated
pursuant to guidelines set in the implementing rules and regulations.

(nn) Internally Displaced Persons refers to persons or groups of persons who
have been forced or obliged to flee or to leave their homes or places of habitual



residence within national borders, in particular as a result of or in order to avoid the
effects of armed conflict, situations of generalized and/or organized violence,
violations of human rights, implementation of development projects, or natural or
human-induced disasters.

(00) International Personnel refers to the staff and volunteers of any assisting
actor providing disaster relief or initial recovery assistance, being persons who are
neither citizens of, nor domiciled in the Philippines prior to their recruitment by the
international assisting actor.

(pp) Land-Use Planning refers to the process undertaken by public authorities
to identify, evaluate and decide on different options the use of land, including
consideration of long-term economic, social and environmental objectives and the
implications for different communities and interest groups, and the subsequent
formulation and promulgation of plans that describe the permitted or acceptable uses.

(qq) Legal Facilities refer to special entitlements and exemptions that are made
available to eligible assisting actors under this Act.

(rr) Mitigation refers to effort to reduce or limit greenhouse gas emissions or
enhance greenhouse gas sequestration.

(ss) National Continuity Policy refers to a policy aimed at the development of
an organizational culture that has the ability to provide a minimum level of service
during interruptions, emergencies, and disasters, and return to full operations
quickly.

(tt) National Disaster Risk Reduction and Management Framework refers to
the comprehensive, all hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management.

(uu) National Disaster Resilience Plan (NDRP) refers to the document to be
formulated by the National Disaster Resilience Council (NDRC) and implemented by
the Authority that sets out goals and specific objectives for reducing disaster risks
together with related actions to accomplish these objectives. The NDRP shall provide
for the identification of hazards, vulnerabilities, and risks to be managed at the
national level; disaster risk reduction and management approaches and strategies to
be applied in managing said hazards and risks; agency roles, responsibilities and lines
of authority at all government levels; and a vertical and horizontal coordination of
disaster risk reduction and management in the pre-disaster and post-disaster phases.
It shall be in conformity with the national disaster risk reduction and management
framework.

(vv) Natural Hazard refers to naturally occurring physical phenomena cause
either by rapid or slow onset events which can be geological such as earthquakes,
ground rupture, liquefaction, landslides, tsunamis, sinkholes, and volcanic activity;
hydrological and meteorological such as floods, severe winds, typhoons, storm
surges, climatological variability such as extreme temperatures, El Nino, La Nina,
forest fires, or biological such as disease, epidemics and insect/animal plagues.

(ww) Open Data refer to facts and statistics that can be freely used, shared and
built-on by anyone, anywhere, for any purpose. These must be available in bulk,
should be available free of charge, or at least at no more than a reasonable
reproduction cost. The information should be digital, preferably available by
downloading through the internet, and easily processed by a computer. These must
permit people to use, reuse, and redistribute, intermix with other data providers.
These do not allow conditions to be placed on how people can use Open Data, but

10


permit a data provider to require that data users credit them in some appropriate way,
clarify if the data have been changed, or that new datasets created using their data are
also shared as open data.

(xx) Persons with Disabilities refer to individuals who have long-term physical,
mental, intellectual or sensory impairments which in interaction with various barriers
may hinder their full and effective participation in society on an equal basis with
others.

(yy) Pre-Disaster Risk Assessment refers to a process to evaluate a hazard’s
level of risk given the degree of exposure and vulnerability in a specific area likely to
be affected by an imminent hazard. It presents the possible impacts on the population
and provides a basis to determine the appropriate level of response actions of
government agencies from the national to the local levels. It is hazard-specific, area
focused and time-bound.

(zz) Post-Disaster Recovery refers to the restoration and improvement, where
appropriate, of facilities, livelihood, and living conditions of disaster-affected
communities, including efforts to reduce disaster risk factors, in accordance with the
principle of “Build Forward Better”.

(aaa) Private Sector refers to private corporations, households, non-profit
institutions serving households, and other economic enterprises outside of
government.

(bbb) Public Sector Employee refers to all persons in the civil service.

(ccc) Recovery refers to rehabilitation measures that ensure the ability of
affected communities or areas to restore their normal level of functioning by restoring
livelihoods and services, reconstructing damage infrastructures and increasing the
communities’ organizational capacity.

(ddd) Resilience refers to the ability of a system, community or society exposed
to hazards to resist, absorb, adapt to, transform, accommodate, and recover from the
effects of a hazard in a timely and efficient manner, including through the
preservation and restoration of its essential basic structures and functions through risk
management in such ways as to enhance their capacities to withstand current and
future risk.

(cee) Response refers to any effort to provide assistance or intervention during,
or immediately after a disaster to meet the life preservation and basic subsistence
needs of affected people and in the restoration of essential public activities and
facilities.

(fff) Risk Assessment refers to a methodology which includes risk assessment
with mapping to determine the nature and extent of risk by analyzing potential
hazards and evaluating existing conditions of vulnerability that together could
potentially harm exposed people, property, services, livelihood and the environment
on which they depend.

(ggg) Probabilistic Risk Assessment refers to the simulation of those future
disasters based on scientific evidence, which are likely to occur. As a result, these risk
assessments resolve the problem posed by the limits of historical data. Probabilistic
models “complete” historical records by reproducing the physics of the phenomena
and recreating the intensity of a large number of synthetic events. Probabilistic Risk
Assessment considers all possible scenarios, their likelihood, and associated impacts.
It is characterized by the inherent uncertainties partly related to the natural

ch


randomness of hazards, and partly because of incomplete understanding and
measurement of the hazards, exposure, and vulnerability.

(hhh) Deterministic Risk Assessment refers to an assessment that considers the
possible disaster impacts of a single scenario. This is in contrast to probabilistic risk
assessment which considers all possible scenarios, their likelihood, and associated
impacts.

(iii) Risk Transfer refers to the process of formally or informally shifting the
financial consequences of particular risks from one party to another whereby a
household, community, enterprise, or state authority will obtain resources from the
other party after a disaster occurs, in exchange for on-going or compensatory social or
financial benefits provided to that other party.

(jj) State of Calamity refers to a condition involving mass casualty and/or
major damage to property, disruption of means of livelihoods, roads, and normal way
of life of people in the affected areas as a result of the occurrence of natural or human-
induced hazard.

(kkk) Sustainable Development refers to development that meets the needs of
the present without compromising the ability of future generations to meet their own
needs.

(Ill) Vital Facility Items refer to government risk reduction and preparedness
equipment, accessories and other items such as radars, weathering forecasting
equipment, flood monitoring instruments, seismographs, tsunami warning systems,
and automated weather systems.

(mmm) Vulnerability refers to the characteristics and circumstances of a
community, system or asset that will make it susceptible to the damaging effects of a
hazard. Vulnerability may arise from various physical, social, economic, and
environmental factors.

(nnn) Vulnerable and Marginalized Groups refer to those who are at risk due
to poverty and other underlying risk factors including women, children, the elderly,
differently-abled people, and ethnic minorities.

(000) Whole-of-Society Approach refers to the meaningful participation and
synergy of stakeholders that represent different interests in all aspects of climate
change adaptation, disaster risk reduction and management across alll levels.

(ppp) Whole-of-Government Approach refers to an approach that integrates
the collaborative efforts of the government departments and agencies to achieve unity
of effort toward a shared goal to broaden the government's options, and increases
efficiency to maximize all available resources in a collaborative effort.

(qqq) Whole-of-Nation Approach refers to an approach that seeks to bring
about a concerted effort towards national peace and security by creating consensus
and understanding of security that is shared not just among core security forces and
oversight government institutions, but also by civil society and all the nation’s
communities.

(rrr) Youth refers to those persons aged fifteen (15) to thirty (30) years old, as
provided for under Republic Act No. 8044, otherwise known as “Youth in Nation-
Building Act’.

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CHAPTER IT
DEPARTMENT OF DISASTER RESILIENCE

SEC. 4. Creation of the Department of Disaster Resilience. - There is hereby
created a Department of Disaster Resilience, hereinafter referred to as the Department,

The Department shall be the primary government agency responsible for
leading, organizing, and managing the national effort to reduce disaster risk, prepare
for and respond to disasters, recover and rehabilitate, and “Build Forward Better”
after the occurrence of disasters.

The Department shall oversee and coordinate the preparation, implementation,
monitoring, and evaluation of disaster and climate change resilience plans, programs,
projects, and activities, provide leadership in the continuous development of strategic
and systematic approaches to disaster prevention, mitigation, preparedness, response,
recovery and rehabilitation, to anticipatory adaptation strategies, measures,
techniques and options.

The Department shall augment the capacity of LGUs in collaboration with
relevant national government agencies and other stakeholders to implement disaster
risk reduction and management and climate change action plans, programs, projects,
and activities.

SEC. 5. Powers and Functions of the Department. - The Department shall
exercise and perform the following powers and functions:

(a) Risk Reduction

(1) Oversee, direct, and undertake programs and projects to identify, assess,
prioritize and localize hazards and risks in the country, in consultation with
national government agencies, LGUs, communities, and stakeholders that
shall be involved in disaster risk reduction efforts;

(2) Monitor and ensure the integration of disaster risk and vulneral

reduction and management and climate change adaptation policies into

national development plans;

(3) Design and implement an incentive system for greater private and public

investment, both local and national, in disaster risk reduction;

(4) Oversee and ensure the mainstreaming of climate change adaptation and

disaster risk reduction in development planning, including disaster-proofing

and climate-proofing of land-use plans and the preparation of contingency

plans;

(5) Create an enabling environment for the design of relevant and appropriate

risk-sharing and risk-transfer instruments;

(6) Create an enabling environment that shall promote broader multi-

stakeholder participation and integrate climate change mitigation, adaptation,

and disaster risk and vulnerability reduction;

(7) Coordinate directly with LGUs and private entities to address climate

vulnerabilities and disaster risk assessment (CVDRA) of regions and provinces

at the meso-scale, cities and municipalities at the micro-scale, and barangays at

the meta-scale;

(8) Establish and monitor local and national capacity for disaster risk financing

and insurance and other risk transfer strategies in coordination of the

1B


Department of Finance (DOF), the Government Service Insurance System
(GSIS)m and the Land Bank of the Philippines (LBP);

(9) Formulate the National Disaster Resilience Framework, National Disaster
Resilience Plan, and the National Continuity Policy;

(10) Oversee and direct the comprehensive implementation of disaster risk
reduction and climate change adaptation and mitigation policies, plans, and
programs, as embodied in the National Disaster Resilience Framework and
National Disaster Resilience Plan;

(11) Coordinate directly with LGUs and private entities to address Disaster
Risk Assessment (DRA) of regions and provinces at the meso-scale, cities, and
municipalities at the micro-scale, and barangays at the meta-scale; and

(12) Review and evaluate local disaster resilience plans and other local plans to
ensure their consistency with the Climate Disaster Resilience Framework and
Plan.

(b) Disaster Preparedness and Response
(1) Oversee and maintain a national early-warning and emergency alert system
that shall provide accurate, timely, and accessible information to national and
local emergency response organizations and the general public;

(2) Coordinate information-sharing and other risk reduction protocols
following the principle of interoperability among national government
agencies and LGUs;

(3) Establish and maintain a national humanitarian logistics system with a
network of warehouses, transport, and resources, including response assets
and disaster relief items, such as food and non-food items;

(4) Exercise command and control over relevant government agencies,
including government-owned and -controlled corporations, the Philippine
National Police and other law enforcement agencies, during an imminent or
actual disaster. Such command and control shall include the authority to utilize
available services, assets, equipment, personnel, facilities, and other resources;
(6) Call on the reserve force, as defined in Republic Act No. 7077, otherwise
known as the “Citizen Armed Force or Armed Forces of the Philippines
Reservist Act”, to assist in relief and rescue operations during disasters;

(6) Work with the private sector and CSOs for assistance with regard to the use
of facilities and resources for the protection and preservation of life and
property;

(7) Implement pre-disaster risk assessments to include deployment of rapid
assessment teams to gather information for precise actions as a basis for
emergency preparedness and humanitarian response;

(8) Organize, train, equip, and maintain a system of response capacity for
search, rescue, and retrieval, and the delivery and distribution of relief goods;
(9) Monitor and support LGUs in the management of evacuation centers and
ensure the welfare and dignity of internally displaced personas;

(10) Procure goods and services during emergencies, in accordance with
existing emergency procurement rules and regulations;

(11) Issue special procurement rules and regulations for preparedness,
response, and recovery activities, including those prompted by a declaration of
a state of calamity or of an imminent disaster; and

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(12) Assist in mobilizing the necessary resources to increase the overall capacity
of LGUs, specifically those with low income and situated in high-risk areas.

(©) Rehabilitation and Recovery
(1) Prepare, organize, lead, implement, and manage post-disaster assessment
and recovery and rehabilitation programs, in coordination with the affected
LGUs, national government agencies, and other stakeholders;

(2) Implement the cluster approach to expedite reconstruction efforts and
orchestrate and serve as the clearinghouse for the participation of assisting
actors in such efforts; and

(3) Ensure that the principle of “Build Forward Better” is applied to
rehabilitation and recovery efforts.

(d) Other Powers and Functions
(1) Provide or designate a secretariat to the Climate Change Commission;

(2) Establish and monitor local and national capacity for climate-disaster risk
financing and insurance and other risk transfer strategies in coordination with
the Department of Finance (DOF), the Government Service Insurance System
(GSIS), and the Land Bank of the Philippines (LBP);

(3) Coordinate information-sharing and other disaster risk and vulnerability
reduction and climate change adaptation protocols following the principle of
interoperability among national government agencies and LGUs before,
during, and after a disaster. Administer, oversee, and monitor the utilization of
the National Disaster Resilience Fund (NDRF), the Disaster Resilience Support
Funds (DRSF) for third (3") to sixth (6') class provinces and municipalities,
and other grants and donations for disaster risk reduction and management
and climate change adaptation, unless otherwise specified;

(4) Receive, administer, mobilize, and monitor and oversee the utilization of
the National Disaster Resilience Fund, the Prevention, Mitigation, and
Preparedness Fund for third (3%) to sixth (6) Class Provinces and
Municipalities, and donations for disaster risk and vulnerability reduction and
management and climate change adaptation, unless otherwise specified;

(6) Use of advanced science and technologies in disaster risk reduction and
management by engaging, consulting with, employing and regularly funding
the academe or higher education and research institutions such as the
University of the Philippines Resilience Institute and University of the
Philippines Nationwide Operational Assessment of Hazards Center or other
institutions that have a recognized and credible track record, as well as the
capacity to conceptualize and implement the science and engineering
requirements necessary for effective climate change adaptation and disaster
risk reduction;

(6 Establish a disaster resilience information system to facilitate the creation of
an integrated risk assessment platform that is built from the inputs of
government and private scientific and academic institutions, national
government agencies and LGUs, local communities and other stakeholders,
and is able to provide readily accessible and actionable information for
purposes of risk governance and humanitarian action;

15


(7) Develop the criteria and procedure for the enlistment of accredited
community disaster resilience volunteers and institutions;

(8) Create and continuously update, in consultation with stakeholders, a
manual of operations for accredited community disaster resilience volunteers
and institutions; and

(9) Perform such other functions as may be necessary for the effective
implementation of this Act.

CHAPTER III
GENERAL WELFARE AND EMERGENCY MEASURES

SEC. 6. General Welfare. - The Department shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as the powers necessary,
appropriate or incidental for its efficient and effective governance, and those which
are essential to the promotion of the general welfare, such as the implementation of
emergency measures including preemptive and forced evacuation, in anticipation of,
during, and in the aftermath of emergencies, hazards and disasters and only when
there is imminent danger and loss of lives and/or damage to property.

SEC. 7. Emergency Measures at the National Level. - The Department may
require the assistance of law enforcement agencies and the uniformed services, such
as the PNP and the AFP, as well as emergency responders, to assist in the
implementation of emergency measures.

SEC. 8. Emergency Measures at the Local Level. -

(a) LGUs shall enact an ordinance on and implement through the Local Disaster
Resilience Office (LDRO) the necessary and appropriate emergency measures,
including preemptive and forced evacuation, in anticipation of, during, and in the
aftermath of emergencies, hazards and disasters, and only when there is imminent
danger of loss of lives and/or damage to property.

(b) Emergency measures, including preemptive and force evacuation, shall be
carried out in a manner that is humane, respectful of the dignity and culture of
persons, without using disproportionate force, without discrimination, and with
conscious attention to the needs of vulnerable and marginalized groups.

(©) All measures shall be taken to inform the population, in a manner and
language that they can understand, of the need for emergency measures and
evacuation for their safety, as well as the location where they will be taken and for
how long they are going to stay there. Adequate evacuation centers and transportation
to and from the affected area shall be provided by the local government.

SEC. 9. Hierarchy of Evacuation Measures. -

(a) Preemptive evacuation shall be the preferred and primary mode of
evacuation of people that will be affected by emergencies, hazards and disasters.

(b) Forced evacuation shall be considered as an emergency measure of last
resort that may be undertaken in anticipation of, during or after an emergency, hazard
or disaster and be carried out by the affected local government in accordance with a
duly issued order by the local chief executive: Provided, That in case of the failure of
the local government to appropriately issue such order, the forced evacuation shall be

16


implemented by the Department, which may direct and compel the assistance of law
enforcement and other relevant national agencies to implement said emergency
measure.

During such forced evacuation, government officials may direct and compel
the population to be affected or is currently affected by an emergency, hazard or
disaster to relocate to safer locations for their own safety.

SEC. 10. Release from Liability in Case of Refusal to Evacuate. -

(a) Any person who willfully and deliberately disregards or opposes the order
of forced evacuation issued by the local chief executive or the Department, releases
the local government or the Department from any liability for injury, death, damage
to or loss of property attributed to said disobedience.

(b) During evacuation, priority assistance shall be given to the vulnerable
groups and persons who willfully comply with the order of forced evacuation.

SEC. 11. Inspection and Implementation Powers. - The Department shall have
inspection, visitorial and examining authority over government and
nongovernmental entities to ensure that all funds and assets allocated for disaster
resilience are actually used for said purposes. The Department shall likewise have the
power to inspect and examine the status of projects and programs being undertaken
in furtherance of disaster resilience efforts.

Whenever it becomes necessary, the Department may assume responsibility
over the implementation of, during, and in the aftermath of emergencies, hazards and
disasters.

SEC. 12. Utilization of Private Property for Public Purpose. - The Department
shall have the power to utilize any private property for urgent public purposes in
anticipation of, during, and in the aftermath of emergencies, hazards and disasters
and only when there is imminent danger of loss of lives and/or damage to property,
subject to payment of just compensation in appropriate cases.

SEC. 13. Emergency Powers. - Whenever it becomes necessary, the
Department, subject to the approval of the President, may call on the AFP or the PNP,
in coordination with the Secretary of National Defense and the Secretary of the Interior
and Local Government, to prevent or suppress lawless violence and ensure the
protection and preservation of life or property in anticipation of, during and in the
aftermath of emergencies, hazards and disasters.

Whenever warranted by circumstances, the Department may call upon other
agencies and instrumentalities of the government, as well as nongovernment
organizations for the protection and preservation of life and/or property in
anticipation of, during, and in the aftermath of emergencies, hazards and disasters
including private organizations, for assistance in the use of their facilities and
resources.

SEC. 14. Emergency Arrangements. - The Department shall have the power to
negotiate, enter into, institutionalize and coordinate arrangements with any private
person or juridical entity for the purpose of ensuring the adequate and prompt
availability of all goods and services necessary in the anticipation of, during, and in

7


the aftermath of emergencies, hazards and disasters and only when there is imminent
danger of loss of lives and /or damage to property.

CHAPTER IV
ORGANIZATION MANAGEMENT

SEC. 15. The Secretary. - The Department shall be headed by a Secretary who
shall be appointed by the President.

SEC. 16. Powers and Functions of the Secretary. - The Secretary of the
Department shall exercise the following powers and functions:

(a) Establish and promulgate policies, rules, and regulations for the effective
and efficient operation of the Department;

(b) Exercise executive direction over the operations of the Department and
administrative supervision over its attached agencies;

(c) Manage the financial and human resources of the Department;

(d) Appoint officers and employees of the Department, except presidential
appointees, in accordance with civil service law, rules, and regulations;

(@) Exercise disciplinary authority over officers and employees of the
Department in accordance with law;

(f) Coordinate with other government agencies, the private sector, and CSOs
on the policies, programs, projects, and activities of the Department, as may be
necessary;

(g) Advise the President on the promulgation of executive and administrative
issuances and the formulation of regulatory and legislative proposals on matters
pertaining to disaster resilience;

(h) Serve as the Vice-Chairperson of the Climate Change Commission (CCC);

(i In coordination with the Department of Foreign Affairs, represent the
Philippines in the climate change negotiations and articulate the national contribution
to global, regional, and other inter-governmental disaster risk reduction and
humanitarian platforms;

(j) Call upon the AFP and the PNP to render assistance in disaster-affected
areas; and

(k) Promulgate such rules and regulations and perform such other functions as
may be necessary or proper to attain the objectives of this Act.

SEC. 17. Organizational Structure, Functions and Management. - The
Department shall be composed of the following officials and offices:

(a) The Secretary, as provided for under this Act;

(b) Five (6) Undersecretaries, to be appointed by the President, who shall assist
the Secretary in administering the affairs of the Department, one to be responsible for
Resilience, one to be responsible for Policy and Governance, one to be responsible for
Operations, one to be responsible for Administration and Finance, and the Senior
Undersecretary. The Undersecretaries shall have functional and operational
supervision over the bureaus, divisions, offices and units assigned to their respective
functional areas;

() Ten (10) Assistant Secretaries, to be appointed by the President, who shall
assist the Secretary in administering the affairs of the Department to be responsible

18


for overall staff supervision, Internal Audit, Administration, Disaster Resilience Fund
Management, Fiscal Management, Operations, Mobilization, Plans and Programs,
Legal, Project Management and Sustainable Development;

(d) Eleven (11) Service Directors who shall head the following Services; the
Administrative and Financial Management Service, the Logistics and Resource
Management Service, the Operations Service, the Responders Management Service,
the Policy Development and Planning Service, the Climate Change Service, the
Recovery and Reconstruction Service, and the Strategic Communications Service;

(1) The Administrative and Financial Management Service shall provide the
Department with economical, efficient and effective services relating to human
resource management and development, financial management and general
administration services to support civil defense and disaster risk reduction and
management operations and functions.
(2) The Logistics and Resource Management Service shall be responsible for the
efficient and effective management of all the assets and resources of the
Department; the efficient and effective gathering, maintenance and updating
of a database of pertinent assets and resources belonging to any and all
agencies and instrumentalities of the Government, as well as nongovernment
and civic organizations in support of operational readiness for utilization by
the Department; and the procurement of necessary assets and resources to be
maintained and utilized by the Department.

(3) The Operations Service shall be responsible for formulating, implementing

and monitoring the operational plans of the Department and ensuring its

operational readiness, as well as the effective functional management of the

Emergency Management Operations Center.

(4) The Responders Management Service shall be responsible for the efficient

and effective gathering, management, and updating of a national roster of

individuals and groups from the civilian sector, volunteer organizations,
uniformed services and the reserve force in support of operational readiness
for utilization by the Department.

(5) The Policy Development and Planning Services shall be responsible for

providing responsive, efficient and effective services relating to research,

planning, programming, budgeting, project development, and policy
formulation of civil defense and disaster risk reduction and management
projects and activiti

(6) The Capacity-Building and Training Service shall be responsible for

building and developing the capacity of the Department's personnel, civil

defense practitioners, communities and other stakeholders.

(7) The Legal Affairs and Compliance Service shall provide legal advice to the

Department; interpret laws and rules affecting the administration and

operations of the Department; prepare and review contracts and instruments

to which the Department is a party; interpret provisions of contracts covering.
work involving the Department; and monitor the compliance with regulatory
and reportorial matters involving the Department.

(8) The Disaster Risk Reduction Service shall be responsible for reducing

disaster risks through systematic efforts and programs of the Department to

analyze and reduce the casual factors of disasters such as exposure to hazards,
lessening vulnerability of people and property, wise management of land and

19


the environment, and improving preparedness and early warning for adverse
events which are all examples of disaster risk reduction.
(9) The Climate Change Service shall lead in the development and
mainstreaming of evidence-based climate adaptation and mitigation policies of
the Department through optimum coordination among key stakeholders
towards achieving a climate-resilient and climate-smart Philippines with
healthy, safe, prosperous, and self-reliant communities.
(10) The Recovery and Reconstruction Service shall provide responsive,
efficient and effective services relating to the formulation of standards for
rehabilitation and recovery programs, projects, activities, and their subsequent
implementation.
(11) The Strategic Communications Service shall be responsible for the
formulation and implementation of the strategic communications plans and
programs of the Department; serve as the public affairs arm of the Department
tasked with directing, supervising and controlling the Department's public
information programs and activities, as well as establishing and maintaining
rapport with the media and the general public;

(©) Divisions, units and offices as may be created by the Department and whose
officers and employees shall be appointed in accordance with civil service law, rules,
and regulations;

(f) The National Climate and Disaster Resilience Research, Education, and
Training Institute under the Capacity-Building and Training Service, to be headed by
a Director with the rank of Director IV;

(g) Regional and other field offices of the Department that shall be established
in each administrative region, each to be headed by a Regional Director with the rank
of Director IV;

(h)Bureaus that are under the supervision and control of the Department;

(i) Seconded personnel from relevant agencies and detailed service from the
uniformed services, as appropriate; and

() Grievance desks in every region, which shall serve as a referral mechanism
and shall work jointly with relevant agencies, to receive complaints from the public
regarding violations of this Act. It shall assist the complainant in the gathering of
relevant documentation and other evidence to support said complaint. The grievance
desk shall facilitate the forwarding of the complaint to the appropriate office within
fifteen (15) days from receipt thereof, and shall provide timely feedback and updates
regarding the status of the complaint. The grievance desk shall use the best available
technology to ensure that the complaints are endorsed to the proper office and are
addressed ina timely manner.

CHAPTER V
FINANCE AND ADMINISTRATION

SEC. 18. Fiscal Management. - The Department shall manage all funds
appropriated to it by Congress and from other sources. This shall include all
donations, as contemplated under the succeeding paragraph, subject to the provisions
of Section 3, paragraph (D) of Article IX, of the 1987 Constitution on the auditing
powers of the Commission on Audit.

20


SEC. 19. Donation. - (a) The Department shall have the power to receive
donations and grants from any person, government institution, corporation,
international organization and other similar entities, and the power to recommend the
procurement of developmental assistance for the purpose of disaster risk and
vulnerability reduction and management and climate change adaptation;

(b) It shall be mandatory for the Department to acknowledge and certify the
receipt of all Department of Disaster Resilience (DDR) grants and donated funds and
ensure their judicious management including their proper and accurate audit
reporting to constituents;

(©) The importation and donation of food, clothing, medicine and equipment
for relief and recovery and other disaster management and recovery-related supplies
is hereby authorized in accordance with, Section 800, Chapter 1, Title 8, of Republic
Act No. 10863, otherwise known as the “Customs Modernization and Tariff Act
(CMTA)”, as amended, and the prevailing provisions of the General Appropriations
Act, covering national internal revenue taxes and import duties of national and local
government agencies;

All importations and donations under Section 11(c) of Republic Act No. 10863,
otherwise known as the “Customs Modernization and Tariff Act (CMTA)” shall be
considered as importation or donation to the Department, subject to the approval of
the Office of the President.

CHAPTER VI
WHOLE-OF-GOVERNMENT AND WHOLE-OF-NATION APPROACH

SEC. 20. National Disaster Resilience Council. -

(a) There is hereby created the National Disaster Resilience Council (NDRC),
which shall serve as the policy advisory body to the Department on disaster risk
reduction and management and climate change adaptation, consistent with the
policies and scope as defined in this Act.

(b) The NDRC shall be chaired by the Secretary of Disaster Resilience and shall
be composed of the following:

(1) Secretary of Science and Technology;

(2) Secretary of the Interior and Local Government;

(3) Secretary of Social Welfare and Development;

(4) Secretary of National Defense;

(5) Director-General of the National Economic and Development Authority;

(6) Secretary of Health;

(7) Secretary of Environment and Natural Resources;

(8) Secretary of Agriculture;

(9) Secretary of Education;

(10) Secretary of Energy;

(11) Secretary of Finance;

(12) Secretary of Trade and Industry;

(13) Secretary of Transportation;

(14) Secretary of Budget and Management;

(15) Secretary of the Public Works and Highways;

(16) Secretary of Foreign Affairs;

(17) Secretary of Justice;

2


(18) Secretary of Labor and Employment;

(19) Secretary of Tourism;

(20) Secretary of Information and Communications Technology;
(21) Presidential Adviser on the Peace Process;

(22) Chairperson of the Commission on Higher Education;

(23) Chief of Staff of the Armed Forces of the Philippines;

(24) Chief of the Philippine National Police;

(25) Head of the Presidential Communications Operations Office;
(26) Secretary-General of the Philippine National Red Cross;

(27) Chairperson of the Commission on Human Right
(28) Executive Director of the Council for Welfare of Children;

(29) Lead Convenor of the National Anti-Poverty Commission;

(0) Chairperson of the Philippine Commission on Women;

(31) Chairperson of the Housing and Urban Development Council;

(32) Chairperson of the National Council for Disability Affairs;

(3) Chairperson of the National Commission on Indigenous Peoples;

(34) Chairperson of the National Commission on Muslim Filipinos;

(5) Chairperson of the National Youth Commission;

(36) President of the Government Service Insurance System;

(37) President of the Social Security System;

(38) President of the Philippine Health Insurance Corporation;

(39) President of the Home Development Mutual Fund;

(40) President of the Union of Local Authorities of the Philippines;

(41) President of the League of Provinces of the Philippines;

(42) President of the League of Cities of the Philippines;

(43) President of the League of Municipalities of the Philippines;

(44) President of the Liga ng mga Barangays;

(45) Maximum of six (6) representatives from the academe and other relevant
research institutions;

(46) Maximum of six (6) representatives from the civil society organizations;
and

(47) Maximum of six (6) representatives from the private sector.

(©) Composition - The Council is hereby organized into five (5) clusters,
namely; Disaster Prevention and Mitigation to be led by DOST, Disaster Preparedness
to be led by DILG, Disaster Response by DSWD, Logistics led by DND, and Recovery
and Sustainable Development led by NEDA.

(d) Technical Management Advisory Group - The Department may constitute,
as the need arises, a technical management advisory group from the different
stakeholders, that shall coordinate and meet with the Department as often as
necessary to effectively manage and sustain national efforts on disaster risk and
vulnerability reduction and emergency management, and climate change adaptation
and mitigation.

(e) Guidelines for the Department of Disaster Resilience Fund (DRRF) and
Local Disaster Resilience Fund (LDRF) - The Department shall provide the necessary
guidelines and procedures on the DDRF and the LDRF releases as well as utilization,
accounting, and auditing thereof.

22


SEC. 21. Monitoring, Reporting and Validation. -

(a) Monitoring and Reporting. On or before the last quarter of the preceding
year, member-agencies of the National Disaster Resilience Council shall submit to the
Department through the Council Secretariat their respective DDR annual work and
financial plans (AWFPs) for the next year. The AWFPs shall be based on the DDR Plan.

The member-agencies shall submit to the Secretariat quarterly progress reports
of their implementation of the AWFPs within thirty (30) days from the end of each
quarter.

The Department is likewise accountable, liable and responsible for monitoring
and requiring the appropriate implementation of remedial measures by member-
agencies of the Council during a state of calamity. It shall have the authority and
power to require reports from the appropriate member-agencies regarding
implementation of such measures.

(b) Validation. The Secretary shall require the submission of reports from the
LGUs to validate the progress reports of the Council member-agencies. Submission
shall be through the local field offices of the DDR.

Every two (2) years, the implementation of the Climate Disaster Resilience Plan
(CDRP) and utilization of the Local Disaster Resilience Fund (LDRF) of each province,
LGUs, independent city shall be evaluated by the Regional Disaster Resilience Council
(RDRC) based on appropriate criteria, such as the award, recognition, citation criteria
for provinces, cities and municipalities, barangay and stakeholders.

(1) The Regional Disaster Resilience Councils (RDRC)-
The Regional Disaster Resilience Councils (RDRCs) shall coordinate, integrate,
supervise, and evaluate the activities of the LDRCs. It shall be accountable,
responsible and liable for ensuring climate-disaster risk sensitive and inclusive
regional development plans, and in case of emergencies shall convene the
different regional line agencies and authorities, concerned institutions,
developmental partners and multiple stakeholders.

The Regional Directors of the Department shall serve as chairpersons of the

RDRCs and the Regional Directors of the DSWD, the DILG, and the NEDA

shall serve as cluster heads. In the case of the Bangsamoro Autonomous Region

in Muslim Mindanao, the Chief Minister shall be the RDRC Chairperson. In the
case of Metro Manila, the MDRC shall be headed by the Chairperson of the

Metro Manila Development Authority (MMDA).

The RDRCs shall establish the RDRC Secretariat and operating facility to be

known as the Regional Disaster Resilience Council Secretariat and Operations

Center.

The RDRCs shall be composed of concerned regional agencies, offices, LGUs

and other multiple stakeholders.

(i) LDRC Budgetary Requirements of LDRO - The budgetary
requirements for personal services, maintenance and other operating
expenditures, and capital outlay of the LDRO shall be sourced from the
General Fund of the LGU, subject to Section 76 of Republic Act No. 7160,
otherwise known as the “Local Government Code of 1991, as amended.
The enforcement of Sections 325(a) and 331(b) of Republic Act No. 7160,
as amended, shall be waived to enable the LGUs to fund the initial year
requirements for the creation of the minimum five (5) mandatory
positions of the LDRO.

23


Other maintenance and operating expenditures, and other capital outlay
requirements of the LDRO in the implementation of disaster risk and
vulnerability reduction management and climate change adaptation
programs shall be charged to the Local Climate Disaster Resilience Fund
of the LGUs;

(ii) Establish linkage or network with other LGUs for disaster risk and
vulnerability reduction, climate change adaptation and emergency
response purposes;

(iii) Recommend through the LDRC, the enactment of local ordinances
consistent with the requirements of this Act;

(iv) Establish a Provincial, City, Municipal, and Barangay Climate and
Disaster Resilience Operations Center; and

(v) Encourage Government-owned and -Controlled Corporations
(GOCCs) to establish their own Climate and Disaster Resilience
Operations Center within their territories.

SEC. 22. Synergy with Stakeholders. - The Department shall ensure seamless
synergy and coordination with stakeholders, including CSOs, the academe, and the
private sector, in relation to disaster resilience programs and projects and the
development and promotion of research, education, and training mechanism with
relevant stakeholders.

The Department shall establish a platform, paradigm, and mechanisms for
convergence and coordination with stakeholders, including the development of
standards, protocols, procedures for collaboration for disaster resilience.

SEC. 23. Establishment of Multi-Stakeholders Convergence Unit. - The
Department, with the assistance of other relevant government agencies and
stakeholders, shall establish a Multi-Stakeholders Convergence Unit (MSCU), which
shall align the disaster resilience efforts of the private sector, CSOs, academe, and
other stakeholders with the Department by assisting, coordinating, or providing
services that strengthen public-private cooperation and coordination in disaster
resilience, including the following:

(a) Establishment and implementation of business continuity practices to
ensure the continued delivery of products and services, in the event of disasters;

(b) Establishment and implementation of a National Continuity Policy to
ensure service continuity during power and utilities interruptions, emergencies, and
disasters and ensure the quick return of full operations;

() Establishment, incorporation, and application of business continuity plans
as part of the disaster resilience plans of local government units;

(d) Facilitation or assistance in obtaining or processing incentives for the
private sector or other nongovernment stakeholders; and

(e) Preparation and facilitation of the issuance of appropriate guidelines for
MSMEs relating to mechanisms on procurement and liquidity to create enabling
environment for DDR.

The MSCU shall establish a platform that includes, among others, a database
for monitoring and coordinating efforts and resources of stakeholders.

24


CHAPTER VIL
DISASTER RISK AND VULNERABILITY REDUCTION AND
CLIMATE CHANGE ADAPTATION MAINSTREAMING,
INTEGRATION AND CONVERGENCE

SEC. 24. Integration of DDR and Climate Change Adaptation in the Climate
and Disaster Resilience Framework and Plan. - The existing National Disaster
Resilience Framework and plan and the National Climate Change Strategic
Framework and Plan shall be enhanced by the Climate and Disaster Resilience
Framework and plan which provides for the comprehensive probabilistic multi-
hazards, multi-scenario, multi-sectoral, resilience-building and community risk-based
approach and management of disaster and climate risk, and provide for the
integration of disaster risk and vulnerability reduction and climate change adaptation,
as well the mainstreaming in other sectoral policies. It shall be reviewed every three
(3) years.

The Climate and Disaster Resilience Plan shall provide for the following: (1)
identification of the underlying factors of risk, or the nature and degree of hazards,
vulnerabilities, exposures and capacities, which need to be managed at the national
level; (2) disaster risk and vulnerabilities reduction and management approaches and
strategies to be applied in managing said hazards and risks; (3) agency roles,
responsibilities, and lines of authority at all government levels; and (4) vertical and
horizontal coordination of climate change adaptation, disaster risk and vulnerability
reduction and management before, during, and after a disaster. The Climate and
Disaster Resilience Plan shall be in conformity with the framework.

The Climate and Disaster Resilience Framework and Plan for climate-disaster
risk governance, climate vulnerability assessment, risk assessment and risk
management shall be formulated and jointly approved by the NDRC and the CCC.

SEC. 25. Ecosystem-Based Approach to Prevention and Mitigation,
Rehabilitation and Recovery from Disaster. - The Department shall ensure the
application of ecosystems-based approaches in disaster risk and vulnerability
reduction and climate change adaptation, particularly through ecosystem
management and restoration as defined in this Act, and ensuring that environmental
and natural resource policies are risk informed.

CHAPTER VIII
CLIMATE AND DISASTER RESILIENCE RESEARCH,
EDUCATION, AND TRAINING INSTITUTE

SEC. 26. Creation of the Climate and Disaster Research, Education, and
Training Institute. -

(a) Within one (1) year from approval of this Act, the Department shall establish
the Climate and Disaster Resilience Research, Education, and Training Institute in
collaboration with higher education institutions and private and state universities and
colleges (SUCs) which shall be a world-class center of excellence for learning and
research in the field of disaster risk and vulnerability reduction and management and
climate change adaptation;

25


(b) The Climate and Disaster Resilience Research, Education, and Training
Institute shall be headed by a Director. The organizational structure and staffing
pattern shall be determined by the Department in consultation with the DBM and in
accordance with civil service laws, rules, and regulations.

(©) The Climate and Disaster Resilience Research, Education and Training
Institute shall have the following functions:

(1) Establish regional branches as well as provincial, city or municipal branches,

if deemed necessary, to train individuals from the public and private sectors in

the fields of disaster risk and vulnerability reduction and management, climate
change adaptation, and ecosystem management and restoration, among others;

(2) Develop and implement an inclusive and ladderized curricula on climate

change adaptation, and disaster risk and vulnerability reduction and

management;

(8) Develop research programs and a knowledge management system on

climate change adaptation and disaster risk and vulnerability reduction

management for the purpose of innovation and capacity-building and
development;

(4) Partner with public and private academic and research institutions, the

private sector, civil society, community-based disaster risk and vulnerability

reduction management and climate change adaptation practitioners, and other
relevant sectors in developing research opportunities and programs on climate
vulnerability and disaster risk assessment;

(6) Establish a resource center for information, education and communication

materials, research, publications, best work practices, lessons identified and

learned, and other knowledge products on disaster risk and vulnerability
reduction and management, and climate change adaptation;

(6) Consolidate and prepare information, education and communication and

training materials or publications to assist disaster risk and vulnerability

reduction and management, and climate change adaptation practitioners in the
planning and implementation of their plans, programs, projects and activities;

(7) Organize and recognize a community of climate change adaptation and

disaster risk reduction and management practitioners; and

(8) Accredit, recognize, monitor and evaluate climate change adaptation,

disaster risk and vulnerability reduction and management training institutions.

(d) Financial Support to the Center

(1) The budget for the Climate and Disaster Resilience Research and Training
Center shall be sourced from the annual General Appropriations Act.

(2) The Department shall assist in the establishment of Research and Training
Centers at the provincial, city, and municipal governments, as appropriate. The
funding for such local Climate and Disaster Resilience Research and Training
Centers may be sourced from the eighty (80%) percent portion of the LDRF and
other financial sources of the local government unit concerned.

26


CHAPTER IX
INTEGRATION, MAINSTREAMING CLIMATE AND DISASTER RESILIENCE
INFORMATION, EDUCATION, AND COMMUNICATION CONVERGENCE

SEC. 27. Climate and Disaster Resilience Information Management System
(CDRIMS). - The Department shall establish a National and Regional Information
Management System for Climate and Disaster Resilience. It shall constitute a physical
central database of all disaster risk reduction and climate change data, including a
geographic information system on geoQhazard assessments and climate risk. It shall
be repository of current and multi-temporal information for wide-scale disaster risk
analysis and climate change vulnerability assessment. The CDRIMS shall at all times
be made available to the Emergency Operations Center of the National and Regional
Climate and Disaster Resilience Council (NRCDRC) development partners and multi-
stakeholders to access critical information and ensure that the collection processing,
analysis and dissemination of information is timely, reliable and accurate to support
overall decision making and effective coordination both at the national and
subnational level.

SEC. 28. Disaster Resilience and Climate Change Education and Training. -

(a) The Department of Education, CHED, and Technical Education and Skills
Development Authority (TESDA), in coordination with the National Youth
Commission (NYC), the Department of Science and Technology (DOST), Department
of Environment and Natural Resources (DENR), Department of the Interior and Local
Government (DILG), Department of Health (DOH), Department of Social Welfare and
Development (DSWD), and other relevant agencies, development institutions, and
nongovernment organizations shall integrate disaster risk and vulnerability reduction
and climate change adaptation education in the school curricula at all levels of
education, from K to 12 to tertiary levels, including the early and adult learning
programs, National Service Training Program (NSTP), and education for children and
persons with special needs, whether private or public, including formal and non-
formal, technical-vocational, indigenous learning, out-of-school youth courses and
programs, and other channels of educational integration, including media, church,
entertainment centers (malls), international and domestic airports and transport
terminals.

(b) The Civil Service Commission (CSC), Professional Regulation Commission
(PRC), and other licensure bodies shall integrate disaster risk and vulnerability
reduction management and climate change adaptation questions in all professional
and licensure examinations.

(©) In coordination with the Department and the Climate and Disaster
Resilience Research, Education, and Training Institute shall develop a curriculum for
courses or subjects specific to disaster risk and vulnerability reduction management
and climate change adaptation, and shall mandate all tertiary learning institutions to
offer these subjects.

(d) The Parents and Teachers Community Associations shall initiate, support,
and participate in disaster risk and vulnerability reduction management and climate
change adaptation related activities in schools and host communities.

(e) The DepEd, the CHED, and the Technical Education and Skills
Development Authority (TESDA) and other developmental institutions, community-

7


based practitioners and organized nongovernmental organizations shall formulate
and institutionalize flexible learning options such as online modules, supplemental
learning materials, resources and platforms, as part of its climate change adaptation,
disaster risk and vulnerability reduction and governance, analysis, and management
strategy.

(f) The DepEd, CHED, TESDA, developmental institutions and community-
based organizations shall regularly review, monitor, evaluate and report to the
Council the status of integration, mainstreaming and implementation of climate
change adaptation, disaster risk and vulnerability reduction and management in
public-private schools and other learning institutions.

(g) The LDROs shall form formal partnerships with tertiary learning
institutions within their respective jurisdictions to provide standard and ladderized
training programs for LGU officials and other disaster risk and vulnerability
reduction management and climate change adaptation.

(h) The DRC, the RDRCs, the LDRCs, the LDROs, the BRDCs, and the
Sangguniang Kabataan shall encourage community, specifically the youth,
participation in disaster risk and vulnerability reduction and climate change
adaptation activities, such as Information, Education and Communication (IEC)
campaigns organizing quick response groups, particularly in identified disaster-
prone areas, as well as the inclusion of DRVR-climate change adaptation programs as
part of programs and projects of the Sangguniang Kabataan, youth organizations and
community-based disaster risk and vulnerability reduction management and
anticipatory adaptation initiatives.

(i) There shall be a mandatory training on climate change adaptation-DRVR for
public and private sector employees, including teachers and Climate-Disaster
Resilience Coordinators from both the public and private learning institutions, who
shall be trained in emergency preparedness and response in emergency preparedness
and response in compliance with the provisions of this Act.

SEC. 29. Standard Mechanism for Cascading Information, Education and
Communication on Climate Change Adaptation and Disaster Risk and Vulnerability
Reduction. -

(a) The DRC shalll promote and advocate a culture of resilience and responsible-
accountable, liable and responsible citizenship through information, education and
communication that is appropriate, integrated, calibrated and communication that is
appropriate, integrated, calibrated, inclusive, localized, science- and risk-based,
gender, culture and disability sensitive and accessible using multimedia. Information,
education, and communication on climate change adaptation and disaster risk and
vulnerability reduction management should be compelling but not alarming.

(b) The NDRC shall formulate a Strategic Risk Communications Plan to
encompass the entirety of disaster risk and vulnerability reduction and climate change
adaptation to achieve the desired behavioral and attitudinal change towards
responsible citizenship and culture of resilience. It shall serve as a reference on
continuous awareness raising and education at all levels of the government and
multiple stakeholders.

(©) A Climate and Disaster Resilience Information Officer shall be designated
at all levels of the Department to ensure implementation of the disaster risk and
vulnerability reduction and management and climate change adaptation information,

28


education, and communication campaign and shall serve as the primary coordinator
for the dissemination of information, education, and communication on climate
change adaptation and disaster risk and vulnerability reduction management.

SEC. 30. Declaration of Imminent Disaster. - The DDR shall provide guidance
and operating guidelines to LDRCs for the declaration of imminent disaster in their
respective areas which shall allow them to implement preemptive measures and use
their quick response funds in order to save lives and minimize damage to property,
loss of livelihoods and other assts.

SEC. 31. Flash Appeal or Appeal for International Assistance. - Upon
consultation with the NDRC and in cognizance of the urgency, criticality and intensity
of an imminent risk, the DDR shall issue a flash appeal to the family of nations, under
regional and multilateral conventions, for assistance in preparedness including
preemptive measures, search, rescue and retrieval, relief, recovery, and
reconstruction.

CHAPTER X
CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES.

SEC. 32. Climate and Disaster Risk Transfer, Insurance and Social Welfare. -

(a) The Department shall oversee all climate and disaster risk-sharing and risk-
transfer instruments and other related initiatives to ensure the protection of property
and livelihood, both public and private.

(b) The Department shall ensure the mandatory insurance of all assets and
properties of national government agencies including government-owned or -
controlled corporations, and those over which the government has insurable interest,
as prescribed under Republic Act No. 656, otherwise known as the “Property
Insurance Law’. The insurance shall be provided by any government insurance
agency.

() The Department shall oblige the LGUs the mandatory insurance coverage
of assets, properties and livelihood of vulnerable and marginalized groups of
unforeseen or contingent potential losses, damages and disruption from natural
hazards and human-induced disasters chargeable against the LDRF.

SEC. 33. Recognition and Incentives. - Unless otherwise provided, the
Department shall establish an incentives program that recognizes outstanding
performance of LDRC, NGOs, CSOs, private sectors, schools, hospitals, and other
stakeholders in promoting and implementing significant disaster risk and
vulnerability reduction management-climate change adaptation programs and
innovations, and meritorious acts of individuals, groups or institutions during natural
or human-induced disasters.

29


CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC. 34. Standards for Disaster Preparedness Activities. -

(a) The NDRC shall establish standards for disaster preparedness, contingency
planning, localizing and operationalizing disaster risk and vulnerability reduction
and management, preparedness for disaster response, preparedness for early
recovery, continuity of essential services, and other relevant preparedness activities.

(b) LGUs shall identify sage or strategic sites, and establish evacuation centers
with appropriate and adequate facilities in accordance with government-approved
standards as provided under Republic Act No. 10821, otherwise known as the
“Children’s Emergency Relief and Protection Act”, in order to avoid disruption of
school classes and lessen the use of school buildings and facilities as evacuation
centers.

The LGUs shall immediately compensate schools used as evacuation centers.
The schools may seek compensation on renovation or repairs of damaged facilities for
such use.

SEC. 35. Multi-Hazard Early Warning and Risk Communication Standards. -

(a) There shall be a streamlined policy governing early warning systems and
risk communication protocols to ensure effective and efficient measures to prevent,
prepare for, respond to, and recover from possible risk caused by natural and human-
induced hazards and climate risk. The NDRC shall issue policy and the Department
shall oversee and monitor the implementation of this policy.

(b) The Department and all other concerned agencies with an integrated early
warning and information mandate shall collaborate with the local executives and
officers to disseminate climate-disaster risk information through the involvement of
LGUs, community-based organizations, CSGOs, and other nongovernmental
organizations,

SEC. 36. Early Warning Mandate. -

(a) The Department shall issue an integrated early warning for hydro-
meteorological, geologic, or terrestrial phenomena to the appropriate government
agencies or government-accredited organizations for forecasting and early warning
purposes. The Department shall recognize and proactively support local or
indigenous modes of early warning systems and allow open access to real-time data
from both local and international sources made available through various platforms
such as websites, mobile applications, and social media to empower local
communities and individuals.

(b) The Department shall enhance and strengthen Philippine Atmospheric,
Geophysical and Astronomical Services Administration and Seismology (PHIVOLCS)
mandates under Republic Act No. 10692 and Executive Order No. 128, Series of 1987,
respectively.

(©) The Department shall recognize and proactively support local or indigenous
modes of early warning systems and allow open access to real-time data from both
local and international sources made available through various platforms such as
websites, mobile applications, and social media to empower local communities and
individuals.

30


(a) Transmission of Early Warning. A person who transmits early warning
concerning the abovementioned phenomena by means of signs in designs, colors,
lights, or sound shall do so in compliance with the methods recognizing or approved
by the NDRC.

() The NDRC at the national and subnational level shall consider the use of
integrated early warning system to ensure it is consistent and locally contextualized
with the communication protocol and safe evacuation procedure of the affected
communities to achieve zero casualty, to zero death.

() The Department shall consider working with other agencies or
organizations on pre-crisis information mapping of the humanitarian needs of the at-
risk community that will enhance the overall prepositioning of resources at the
national and local levels.

CHAPTER XI
DISASTER RESPONSE AND EARLY RECOVERY

SEC. 37. Declaration of State of Calamity. - The Department shall declare a
cluster of barangays, municipalities, cities, provinces, and regions under a state of
calamity, and the lifting thereof, based on the criteria set by the NDRC.

The declaration and lifting of the state calamity may also be issued by the local
Sanggunian, upon the recommendation of the LDRO, based on the results of the
damage assessment and needs analysis: Provided, that the Department through the
LDRC, may seek from the local legislative body or Sanggunian, the declaration of a
state of imminent disaster to enable the local executives to implement preemptive
evacuation and precautionary measures in order to save lives and minimize damage
to property, loss of livelihood, and disruption of livelihood that require the use of
funds and resources under the LDRF.

SEC. 38. Emergency Management. - The respective Climate and Disaster
Resilience Councils shall lead in preparing for, responding to, and recovering from
the effects of any disaster, upon due consideration to the economics of classification,
capacity and vulnerability of the local governments concerned:

(a) The Barangay Disaster Resilience Council (BDRC), if one barangay is
affected;

(b) The city/municipal Disaster Resilience Council (DRO), if two (2) or more
barangays are affected;

(©) The Provincial Disaster Resilience Council (DRC), if two (2) or more
cities/ municipalities are affected;

(d) The Regional Disaster Resilience Council (DRC), if two (2) or more
provinces are affected; and

(e) The NDR, if two (2) or more regions are affected.

SEC. 39. Humanitarian Assistance Action Center. - The DRC shall
institutionalize a one-stop mechanism through the Humanitarian Assistance Action
Center for the processing and release of goods, articles or equipment intended for
humanitarian assistance and the processing of necessary documents for international
assisting actors. The Humanitarian Assistance Action Center shall be managed by the
Department and shall be composed of the following NDRC agencies:

31


(a) Department of Finance - Bureau of Customs;
(b) Department of Foreign Affairs;

(©) Department of Social Welfare and Development;
(d) Department of Health;

() Food and Drug Administration;

() Department of Agriculture;

(g) Department of Energy;

(h) Philippine National Police;

(i Philippine Coast Guard; and

( Department of Justice - Bureau of Immigration.

SEC. 40. Accreditation, Mobilization, and Protection of Disaster Volunteers
and National Service Reserve Corps, CSOs and the Private Sector. - The government
agencies, CSOs, private sector and LGUs may mobilize individuals or organized
volunteers to augment their respective personnel complement and logistical
requirements in the delivery of disaster risk reduction programs and activities. The
agencies, CSOs, private sector, and LGUs concerned shall take full responsibility for
the enhancement, welfare and protection of volunteers, and shall submit the list of
volunteers to the Department, through the LDROs, for accreditation and inclusion in
the database of community disaster volunteers.

A national roster of Accredited Community Disaster Resilience Volunteers
(ACDRVs) and institutions, National Service Reserve Corps, CSOs and the private
sector shall be maintained by the Department through the LDROs. Accreditation shall
be done at the municipal or city level.

The mobilization of volunteers shall be in accordance with this Act and
implementing guidelines to be formulated by the NDRC. Any volunteer who died or
was injured while engaging in any of the activities defined under this act shall be
entitled to compensatory benefits and individual personal accident insurance as may
be defined under the guidelines.

SEC. 41. Reporting of Humanitarian Assistance. - The concerned LGU shall
submit a report to the Department, all domestic or international humanitarian
assistance received and distributed within its area of responsibility.

CHAPTER XII
INTERNATIONAL HUMANITARIAN ASSISTANCE

SEC. 42. International Humanitarian Assistance. - The Department shall
promulgate guidelines on international humanitarian assistance, including the
initiation, entry, facilitation, transit, regulation, and termination thereof, as well as
those involving international disaster relief and personnel assisting international
actors, visa waiver, recognition of foreign professional qualifications, entry of
international disaster goods and equipment, and exemption from port duties, taxes
and restrictions.

SEC. 43. Assessment of the Need for International Humanitarian Assistance. -

(a) Immediately after the declaration of a state of calamity by the sanggunian
of an LGU or by the Department, as the case may be, the Department shall determine

32


as the whether domestic capacities are likely to be sufficient to attend to the needs of
affected persons for international humanitarian assistance. This determination may
also be made by the President, prior to the onset of an imminent disaster.

(b) In the event the Department determines that domestic response capacities
are not likely to be sufficient due to the impact of the disaster, the Department shall
recommend to the president that a request be made for international humanitarian
assistance.

(©) A determination that domestic capacities are likely to be sufficient and that
international humanitarian assistance is therefore unnecessary may be viewed and
rescinded by the Department, with the approval of the President, at any time, in light
of prevailing circumstances and available information.

SEC. 44. Request for International Humanitarian Assistance. - The President
may request for international, humanitarian assistance upon the advise of the
Department. Such request may be specifically directed to particular assisting
international actors, or it may be a general request directed to the international
community.

SEC. 45. Humanitarian Assistance Action Center. - The Department shall
institutionalize an interagency one-stop shop mechanism called through the
Philippine International Humanitarian Assistance Reception Action Center
(PIHARAC) for the processing and release of entry and facilitation of goods, articles
or equipment, and services of international relief workers for the provision of
international humanitarian assistance, and the processing of necessary documents for
assisting international actors.

CHAPTER XIV
OFFER AND FACILITATION OF HUMANITARIAN,
ASSISTANCE TO FOREIGN STATES

SEC. 46. Offer and Facilitation of International Humanitarian Assistance to
Foreign States. - In the event of a disaster occurring in a foreign state for which
international humanitarian assistance is required, the Department may offer, facilitate
and provide international humanitarian assistance to such foreign state, which shall
be subject to guidelines to be promulgated by the Department for the purpose.

SEC. 47. Accreditation. - The Department, in coordination with relevant
government agencies and organizations, shall provide and facilitate the necessary
training and accreditation to the respective government personnel to be deployed for
such offer, facilitation and provision of international humanitarian assistance to a
foreign state.

CHAPTER XV
LEGAL FACILITIES FOR ELIGIBLE ASSISTING INTERNATIONAL ACTORS

SEC. 48. Guidelines for Coordination of International Humanitarian

Assistance. - The DRC shall issue comprehensive guidelines on the initiation, entry,
facilitation, transit and regulation of international relief goods and personnel, as well

33


as eligibility guidelines to utilize the legal facilities for assisting international actors
provided hereunder.

SEC. 49. Visa Waiver. - Eligible assisting international actors shall be entitled
to waiver of entry visa requirements, including any associated fees or charges, to
perform Disaster Relief and Initial Recovery Assistance work for their sponsoring
entities without the requirement to seek a separate residence or work permit.

SEC. 50. Recognition of Foreign Professional Qualifications. -

(a) Eligible assisting international actors wishing to deploy international
personnel for tasks requiring legal recognition of their foreign professional
qualifications shall certify the validity of those qualifications under the law of the
country where they were obtained and the competence of their personnel for the tasks
envisaged.

(b) The Department shall establish the guidelines and scope for recognition of
foreign professional qualifications for disaster response and early recovery.

(©) Recognition of qualifications shall remain valid until the end of the
International Initial Recovery Period, absent individual criminal conduct or other
professional misconduct sufficient to bar the individual from professional practices in
the country.

SEC. 51. Recognition of Foreign Driving Licenses. - Foreign driving licenses of
eligible assisting international actors shall be accorded temporary recognition during
the International Disaster Relief and Initial Recovery Periods.

SEC. 52. Facilitation of Access. - The international personnel of eligible
assisting international actors shall be allowed access to disaster-affected areas and
persons requiring Disaster Relief or Initial Recovery Assistance, subject to
coordination requirements as mandated by the Department and limitations based on
national security, public order or public health, weighed in the context of the urgency
of the disaster needs. They shall be permitted to provide their goods and services
directly to affected persons.

A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT
SEC. 53. Customs Facilitation and Priority Treatment. - The Department shall

te the rapid importation or consignment of goods and equipment by eligible
assisting actors and shall accord them priority treatment and handling.

SEC. 54. Duty of Compliance by Eligible Assisting Actors. - In order to benefit
from the aforementioned legal facilities, eligible assisting international actors:

(a) Declare that all goods and equipment they seek to import under this Act are
exclusively for Disaster Relief or Initial Recovery Assistance and that they comply
with any relevant standards under Philippine laws; and

(b) Pack, classify and mark their consignments in accordance with the
requirements described in this Act and its implementing rules and regulations.


SEC. 55. Exemption from Import Duties, Taxes and Restrictions. -
Consignment of goods and equipment by or on behalf of eligible assisting
international actors shall benefit from:

(a) Exemption from all duties and taxes;

(b) Waiver of economic prohibitions and restrictions except for categories of
special goods and equipment that may be indicated by the Department; and

(© Clearance without regard to the country of origin or the country from which
the goods have arrived, subject to monitoring for reasons of public health and security.

B. EXPEDITED ENTRY AND USE RESTRICTIONS FOR SPECIFIC
INTERNATIONAL DISASTER GOODS AND EQUIPMENT

SEC. 56. Simplification of Document Requirements. - (a) Consignment of
goods and equipment sent by or on behalf of eligible assisting international actors
shall be cleared or released on the basis of a simplified goods declaration providing
the minimum information necessary for the Bureau of Customs to identify the goods
and equipment and subject, when deemed necessary, to completion of a more
complete declaration within a specified period.

(b) The requirements for the declaration for all imports of goods or equipment
by or on behalf of eligible assisting international actors and any supporting documents
relating to said consignment, release and clearance of goods or equipment shall be
simplified and lodged without fee.

SEC. 57. Telecommunications Equipment. - Eligible assisting international
actors shall be permitted to import telecommunications equipment for the purpose of
Disaster Relief or Initial Recovery Assistance without restrictions, except as required
by NDRC guidelines and other laws for purposes of national security or public order.
The NDRC shall provide the guidelines for the manner of use of telecommunications
equipment as well as a waiver of licensing requirements or fees.

SEC. 58. Medications. - Eligible assisting international actors shall be
permitted to import and transport medications and medical equipment for the
purpose of Disaster Relief or Initial Recovery Assistance so long as they conform to
the implementing rules and regulations to be provided by the NDRC.

SEC. 59, Food. - Food imported by eligible assisting international actors for
disaster relief and recovery shall be admitted pursuant to expedited procedures set
out by the DRC.

SEC. 60. Imported Vehicles. - The granting of local registration and plates for
vehicles imported by eligible assisting international actors shall be expedited.

C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS
SEC. 61. Disposition of Equipment and Unused Goods. - The DRC shall
provide for the guidelines for retention, reexportation, donation and disposal of

unused goods and equipment after the termination of Disaster Relief and Initial
Recovery Assistance operations.

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CHAPTER XVI
RECOVERY

SEC. 62. Standards for Recovery. - The Department shall observe
internationally accepted standards for recovery, planning, programming and
implementation of the recovery process and shall:

(a) Improve the community’s physical, social and economic resilience,
consistent with the principle of “Build Forward Better”;

(b) Use locally-driven and centrally-supported processes based on legal
mandates with supplementary capacity support when requested;

(c) Redirect development outside danger zones to minimize loss of lives and
structures resulting from typhoons, flooding, landslides, and other hazards;

(d) Employ outcome-driven planning and implementation;

(e) Maximize use of private-public sector partnership where possible;

(f) Consider local conditions such as culture, security situation, and existing
capacities of communities in identifying programs and projects;

(g) Ensure access to public transport, physical and mental health services,
markets, schools, sustainable livelihoods, and other public services in planning for
settlement areas; and

(h) Ensure restoration of peace and order and recovery of government
functions.

CHAPTER XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY

SEC. 63. Remedial Measures Under State of Calamity. - Upon the declaration
of a state of calamity, the following remedial measures shall be immediately
undertaken by concerned government agencies both of national and local levels:

(a) Imposition of price ceiling on basic necessities and prime commodities by
the National Price Control Council, as provided for under Republic Act No. 7581,
otherwise known as the “Price Act”, as amended by Republic Act. No. 10623;

(b) Monitoring, prevention and control by the Local Price Coordinating Council
of overpricing/ profiteering and hoarding of prime commodities, medicines and
petroleum products;

(©) Programming/reprogramming of funds for the repair of critical facilities or
public infrastructures that are vital for the quick delivery of humanitarian assistance,
to reduce further threat to lives and arrest further deterioration of properties and loss
of livelihoods in the affected communities, following the “Build Forward Better”
principle:

(1) Grant of no-interest loans by government financing or lending institutions

to the most vulnerable and marginalized groups or individuals; and

(2) Local Tax exemptions, incentives or reliefs under such terms and conditions

as may be deemed necessary by the affected LGU.



CHAPTER XVII
PROCUREMENT

SEC.64. General Rule on Procurement. - Any procurement of goods, services,
consultancy or infrastructure for disaster risk and vulnerability reduction and climate
risk, whether at the national or local level shall conform to the provisions and
implementing rules and regulations (IRR) of Republic Act No. 9184, otherwise known
as “Government Procurement Reform Act”, as amended.

SEC. 65. Emergency Procurement. - In order to expedite disaster response and
early recovery, the procurement or lease of equipment and delivery of goods and
services through emergency procurement or purchase at site shall be allowed. Periods
of action on procurement activities may also be waived for the same purpose and
conditions.

CHAPTER XIX
PROHIBITED ACTS AND PENALTIES

SEC. 66. Prohibited Acts. - Any public official, private person, group or
corporation who commits any of the following prohibited acts shall be liable and be
subjected to the criminal and administrative penalties as provided for in Section 67 of
this Act, without prejudice to the imposition of other criminal, civil and administrative
liabilities under existing laws.

(a) Prohibited acts of Public Officials - The following acts, if committed by
public officials without justifiable cause, shall be considered as gross neglect of duty:

(1) Dereliction of duties which leads to destruction, loss of lives, critical damage

of facilities and misuse of funds;

(2) Failure to create a functional LDR office within six (6) months from the

approval of this Act;

(3) Failure to appoint a permanent local disaster resilience officer within six (6)

months from the approval of this Act;

(4) Failure to prepare and implement a Contingency and Adaption Plan for

hazards frequently occurring within their jurisdictions; and

(6) Failure to formulate and implement the LDRP with the corresponding

budget allocation.

Sexual exploitation and abuse, and other forms of sexual misconduct to the

affected population or at-risk communities shall be punishable under existing

criminal and administrative laws.

(b) Prohibited Acts of Public Officials and Private Persons or Institutions -

(1) Delaying, without justifiable cause the delivery or improper handling or
storage of aid commodities, resulting to damage or spoilage;

(2) Withholding the distribution of relief goods due to; (a) political or partisan
considerations; (b) discrimination based on race, ethnicity, religion, or gender;
and (c) other similar circumstances;

(3) Preventing the entry and distribution of relief goods due in disaster-stricken
areas, including appropriate technology, tools, equipment, accessories, disaster
teams or experts;

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(4) Buying, for consumption or resale, from disaster relief agencies any relief
goods, equipment or other aid commodities which are intended for
distribution to disaster affected communities;
(5) Buying, for consumption or resale, from disaster affected persons, relief
goods, equipment or other aid commodities received by them;
(6) Selling of relief goods, equipment, or other aid commodities which are
intended for distribution to disaster victims;
(7) Forcibly seizing relief goods, equipment, or other aid commodities intended
for or consigned to a specific group of victims or relief agency;
(8) Diverting or misdelivery of relief goods, equipment, or other aid
commodities intended for or consigned to a specific group of victims or relief
agency;
(9) Accepting, possessing, using or disposing relief goods, equipment or other
aid commodities not intended for nor consigned for them;
(10) Misrepresenting the source of relief goods, equipment, or other aid
commodities by:
(i) Either covering, replacing or defacing the labels of the containers to
make it appear that the goods, equipment, or other aid commodities
came from another agency or persons;
(ii) Repacking the goods, equipment, or other aid commodities into
containers with different markings to make it appear that the goods
came from other agency or persons or was released upon the instance of
a particular agency or persons; and
(iii) Making a false verbal claim that the goods, equipment or other aid
commodities in their untampered original containers actually came
from another agency or persons or was released upon the instance of a
particular agency or persons;
(11) Substituting or replacing relief goods, equipment, or other aid
commodities with the same items or of inferior/cheaper quality;
(12) Ilegal solicitations by persons or organizations representing others as
defined in the standards and guidelines set by the NDRC;
(13) Deliberate use of false or inflated data in support of the request for funding,
relief goods, equipment, or other aid commodities for emergency assistance or
livelihood projects;
(14) Stealing, taking, or possessing of any if the equipment, accessories and
other vital facility or items or any part thereof;
(15) Selling or buying stolen equipment, accessories, and other vital facility or
items or any part thereof;
(16) Tampering with or stealing hazard monitoring and disaster preparedness
equipment and paraphernalia;
(17) Attempting to commit any of the abovementioned prohibited acts; and
(18) Benefiting from the proceeds or fruits of any of the abovementioned
prohibited acts knowing that the proceeds or fruits are derived from the
commission of the prohibited acts.

SEC. 67. Penalties. - The following penalties shall be imposed on any
individual, corporation, partnership, association or other juridical entity that commits
any of the prohibited acts in the preceding section:

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(a) Imprisonment of not less than twelve (12) years but not more than fifteen
(15) years or a fine of not less than One million pesos (P1,000,000.00) but not more than
Three million pesos (P3,000,000.00), or both imprisonment and fine at the discretion
of the court, shall be imposed upon any person found guilty of violating subsections
(b)(1) to (b)(16), as well as the confiscation and forfeiture in favour of the government
of the object and the instrumentalities used in the commission of the prohibited acts;

(b) Imprisonment of not less than six (6) years but not more than eight (8) years
ora fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00), or both imprisonment and fine at the discretion of
the court, shall be imposed upon any person who attempts to commit any of the
prohibited acts in the preceding section, in violation of subsection (b)(17) thereof;

(©) Imprisonment of not less than two (2) years but not more than six (6) years
ora fine of not less than Two hundred thousand pesos (P200,000.00) but not more than
Five hundred thousand pesos (P500,000.00), or both imprisonment and fine at the
discretion of the court, shall be imposed upon any person found guilty of unlawfully
benefiting from the proceeds or fruits of any of the prohibited acts in the preceding
section, in violation of subsection (b)(18) thereof;

(d) Perpetual disqualification from public office aside from the penalty of fine
or imprisonment or both, shall be imposed if the offender is a public officer,
confiscation or forfeiture in favor of the government of the objects and the
instrumentalities used in the commission of any of the prohibited acts in the preceding
section;

(@) If the offender is a corporation, partnership or association, or other juridical
entity, the penalty shall be imposed upon the officer or officers of the corporation,
partnership, association or entity responsible for the violation without prejudice to the
cancellation or revocation of these entities’ registration, license or accreditation issued
to them by any licensing or accredited body of the government. If such offender is an
alien, the person shall, in addition to the penalties prescribed in this Act, be deported
without further proceedings after service of the sentence;

(® Payment of the full cost of repair or replacement of the government risk
reduction and preparedness equipment, accessories and other vital facility or items,
or any part thereof, which is the object of the crime shall likewise be imposed upon
any person who shall commit any of the prohibited acts in the preceding section; and

(g) The prosecution for offenses set forth under the preceding section shall be
without prejudice to any criminal liability for violation of Act No. 3815, as amended,
otherwise known as the “The Revised Penal Code”, and other existing laws, as well
as the imposition of applicable administrative or civil liabilities.

CHAPTER XX
APPROPRIATIONS:

SEC. 68. Appropriations. -

(a) The amount needed for the initial implementation of this Act shall be taken
from the current fiscal year’s expanded appropriation of all agencies herein absorbed,
transferred, and attached to the Department. Thereafter, the amount needed for the
operation and maintenance of the Department shall be included in the General
Appropriations Act.

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(b) National Disaster Resilience Fund (NDRF). The utilization and allocation of
the entire NDRF (Calamity Fund) and its quick response fund component shall be
managed by the Department except as provided for by specific laws.

(0) Local Disaster Resilience Fund (LDRF). Not less than seven percent (7%) of
the estimated revenue from regular sources shall be set aside as the LDRF to support
disaster risk and vulnerability reduction and climate change adaptation and
mitigation programs, projects and activities. The LDRC shall monitor and evaluate the
use and disbursement of the LDRF based on the LDRP as incorporated in the local
development plans and annual work and financial plan. Upon the recommendation
of the LDRO and approval of the sanggunian concerned, the LDRC may transfer the
said fund to support the disaster risk and vulnerability reduction and climate change
adaptation work and initiatives of other LDRCs that are declared under a state of
calamity.

(1) Of the amount appropriated for LDRE, twenty percent (20%) shall be
allocated as Quick Response Fund (QRF) or standby fund for prepositioning of
goods and relief and early recovery programs in order that the situation and
living conditions of people in communities or areas stricken by disasters,
epidemics, or complex emergencies, may be normalized as quickly as possible.
(2) Of the annual appropriation for the LDRF, eighty percent (80%) shall be
appropriated for climate change adaptation, disaster risk and vulnerability
reduction, prevention, adaptation and mitigation programs, projects and
activities focusing on both institutional capacity building of vulnerable
communities and risk-reducing infrastructure. The NDRC shall pass a
resolution to set the priority allocations and govern and trigger the acceleration
and implementation of this section.
(3) OF the amount appropriated for the Disaster Resilience Fund, twenty
percent (20%) shall be allocated as Quick Response Fund (QRF) or standby
fund for prepositioning of goods and equipment and relief and early recovery
programs in order that the situation and living conditions of people in
communities or areas stricken by disasters, epidemics, or complex
emergencies, may be normalized as quickly as possible.
(4) All departments/agencies and LGUs that are allocated with LDRF shall
submit to the Department their monthly statements on the utilization of LDRF
and make an accounting thereof in accordance with existing accounting and
auditing rules.
(6) All department, bureaus, offices and agencies of the government are hereby
authorized to use a portion of their appropriations to implement projects
designed to address disaster risk and vulnerable reduction-climate change
adaptation activities in accordance with the DRP and the guidelines to be
issued by the DRC in coordination with the Department Budget and
Management (DBM) and Commission on Audit (COA).
Unexpanded LDRF shall accrue to a trust fund solely for the purpose of
supporting disaster risk reduction and management and climate change
adaptation activities of the LDRCs within the next two (2) years. Any such
amount still not fully utilized after two (2) years shall revert back to the general
fund and will be available for other social services to be identified by the local
sanggunian.


The NDRC shall issue guidelines on the utilization and release of LDRF in
coordination with other concerned government agencies.

(d) Prevention, Mitigation and Preparedness Fund for third (3*) to Sixth (6)
class provinces and municipalities. There shall be in the annual General
Appropriations Act an amount allotted solely for the use third (3") to sixth (6") class
provinces and municipalities for the purpose of augmenting their LDRF with respect
to plans, programs, projects, and procurement for climate change adaptation, disaster
risk prevention, mitigation, and preparedness. The requirements to avail of this fund
shall be laid down in the rules and regulations to be promulgated by the Secretary.

CHAPTER XXI
FINAL PROVISIONS

SEC. 69. Transfer and Attachment. -

(a) The applicable powers, functions, funds, and appropriations of the Office of
Civil Defense (OCD) and the Climate Change Office (CCO), Geo-Hazard Assessment
and Engineering Geology Section of the Mines and Geosciences Bureau (MGB), Health
and Emergency Management Bureau of the Department of Health (DOH), the Disaster
Response Assistance and Management Bureau (DREAMB) of the DSWD, and the
Bureau of Fire Protection are hereby transferred to the Department.

(b) The disaster risk reduction and management functions, assets and
personnel of the Office of Civil Defense (OCD) currently under the DND, are hereby
transferred to the Department, and the civil defense junctions shall remain in the
DND;

(c) The existing organizational and administrative systems and processes of the
transferred OCD shall serve as the core organization of the Department.

(a) The Climate Change Office of the Climate Change Commission shall
continue its functions under Republic Act No. 10174 under the Department.

(@) The following agencies are hereby attached to the Department:

(1) Philippine Atmospheric, Geophysical and Astronomical Services

Administration (PAGASA); and

(2) Philippine Institute of Volcanology and Seismology (PHIVOLCS).

(8 The employees of the Bureau of Fire Protection (BFP) shall remain as distinct
entity within the Department including their uniformed personnel status and benefits.

The Department shall, by virtue of this Act, be subrogated to all the rights and
assume all the liabilities of the agencies absorbed under this Act, and all their funds,
records, property, assets, equipment, and such personnel as necessary, including
unexpanded appropriations or allocations. All contracts and liabilities of the said
agencies are hereby transferred to and assumed by the Department and shall be acted
upon in accordance with the Auditing Code and other pertinent laws, rules, and
regulations.

SEC. 70. Separation Benefits of Officials and Employees of Affected Agencies.
~ National government employees displaced or separated from the service as a result
of this Act shall be entitled to separation pay and other benefits in accordance with
Republic Act No. 6656, and other existing laws, rules or regulations: Provided, That
those who are qualified to retire under existing retirement laws shall be allowed to

a


retire and receive retirement benefits to which they may be entitled under applicable
laws and issuances.

SEC. 71. Magna Carta for DDR Personnel. - Qualified employees of the DDR,
LGUs and its attached units shall be covered by Republic Act No, 8439, known as the
“Magna Carta for Scientists, Engineers, Researchers and Other S & T Personnel in the
Government”, and Republic Act No. 7305, otherwise known as the “Magna Carta of
Public Health Workers”.

CHAPTER XXII
MISCELLANEOUS PROVISIONS

SEC. 72. Implementing Rules and Regulations. - The Department, in
consultation with concerned stakeholders, shall issue the necessary rules and
regulations for the effective implementation of this Act within ninety (90) days from
the effectivity of this Act.

SEC. 73. Congressional Oversight Committee. - There shall be created a
Congressional Oversight Committee on Climate Change and Disaster Resilience to
monitor and oversee the implementation of the provisions of this Act. The Committee
shall be composed of six (6) members from the Senate and six (6) members from the
House of Representatives with the Chairpersons of the Committees on National
Defense and Security of both the Senate and the House of Representatives as joint
Chairpersons of this Committee. The five (5) other members from each Chamber are
to be designated by the Senate President and the Speaker of the House of
Representatives, respectively. The minority shall be entitled to pro rata representation
but shall have at least two (2) representatives from each Chamber.

SEC. 74. Review. - Five (6) years after the effectivity of this Act, or as the need
arises, the Congressional Oversight Committee shall conduct 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 75. Separability Clause. - If any provision of this Act shall be
declared unconstitutional or invalid, the other provisions not otherwise affected shall
remain valid and subsisting.

SECTION 76. Repealing Clause. -
(a) Republic Act No. 10121, otherwise known as the “P!
Reduction and Management Act of 2020,” is hereby repealed.
(b) The following provisions are hereby amended or modified, accordingly:
(1) Section 30 of Executive Order No. 128, Series of 1987, Reorganizing the
National Science and Technology Authority;
(2) Section 6 of Republic Act 6975, otherwise known as the “Department of the
Interior and Local Government Act of 1990”;
(3) Sections 3(d) and 5 of Republic Act No. 9729, otherwise known as the
“Climate Change Act of 2009”, as amended by Republic Act No. 10174;

ppine Disaster Risk

42


(4) Section 4 of Republic Act No. 10639, otherwise known as “The Free Mobile
Disaster Alerts Act”; and
(6) Section 5 of Republic Act No. 10692, otherwise known as “The PAGASA
Modernization Act of 2015”.
(©) All other laws, decrees, executive orders and issuances, proclamations, rules
and regulations, and other issuances or parts thereof that are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

SECTION 77. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,

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