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Republic of the Philippines
HOUSE OF REPRESENTATIVES
z Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3490

House Bill No.

Introduced by Representative John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this
representation respectfully refiles this bill, which has constantly been
receiving support from the senate and the past and present Congress.

During the 17 Congress, the Committees on Government Reorganization
and National Defense and Security of the House of Representative approved
the bill creating the Department of Disaster Resilience (DDR).

This proposed act is a manifestation of the country’s immediate need for a
better state of preparedness during times of natural calamities. The
destruction of the past typhoons could have been minimized further if we
were better equipped with the resources to respond more efficiently during
times of natural disasters.

This measure seeks to establish the Department of Disaster Resilience that
will be mandated to create and implement policies and programs that aims
to reduce risk, educate the country in terms of disaster preparedness and
response, and introduce various recovery and rehabilitation systems. It is
the hope of this representation that this bill benefits the whole nation
towards the development of better strategies during times of disaster,
ultimately, improving the country’s overall resilience.

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

JOHN IN YYUL SERVO” C. NIETO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. __3490

Introduced by Representative John Marvin “Yul Servo” C. Nieto

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 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 implement a 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 (DDR)

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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
socio-economic 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 thé national government and the 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 considerations. 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;


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9. Adopt and 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 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 that is holistic, comprehensive, integrated, and proactive in
lessening the socioeconomic and environmental impacts of disasters
including climate change, and 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. Adopt risk 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, persans 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;


200 18. Ensure workers’ rights are proactively respected during the disaster

201 preparedness and response, and actively engage workers’ and employers’
202 organizations to share expertise and capacities in disaster risk reduction and
203 climate change adaptation programs;

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

208 20. Adopt and manage a mechanism for the effective resolution of climate
209 change, disaster risk, and vulnerability reduction and management related
210 grievances;

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

215 22. Ensure that the best possible assistance and services are delivered to
216 individuals and families affected by disaster and emergency rehabilitation
217 projects to guarantee the resumption of normal social and economic
218 activities; .

219 23. Establish and maintain the National Loss and Damage Registry; and

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

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

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230 1. Civil society organizations, nongovernmental organizations, international
231 nongovernmental organizations, private sector, practitioners of climate and
232 disaster mitigation, organized voluntary work organizations and community-
233 based organizations shall participate, in collaboration with public institutions,
234 to, inter alia, provide specific knowledge and pragmatic guidance in the
235 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 shall contribute to and participate in effectively managing disaster
risk and designing, resourcing, and leading implementation of gender

245 sensitive disaster risk and vulnerability reduction and management policies,
246 plans, and programs;

247 3. Children and the youth as agents of change shall endeavor to actively
248 contribute to disaster risk and vulnerability reduction, in accordance with
249 legislation, national practice, and educational curricula; disaster risk
250 reduction and management at all levels and processes of disaster risk and

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vulnerability reduction and anticipatory adaptation, 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 fisher folk 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 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 busiriess 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 and 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


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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.

C. 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.

—. 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.


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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 moderates harm or exploits beneficial
opportunities.

J. Climate Finance refers to finance that aims at 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.

L. 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.

O. 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.

R. 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.

S. Disaster Prevention refers to the outright avoidance of adverse
impacts of hazards. It expresses the concept and intention to

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completely avoid potential adverse impacts through action taken in
advance such as construction of dams or embankments that climinate
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.

T. 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 disaster risks through systematic efforts to analyze and
manage the causal 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 causal factors of disasters all of which contribute to
strengthening resilience and therefore to the achievement of
sustainable development.

Z. 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.

a. Early Warning System refers to the set of capacities needed to
generate and disseminate timely and meaningful warning information

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to enable individuals, communities and organizations threatened by a
and to act appropriately and in sufficient time to
-y 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.

b. 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.

c. 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.

d. Emergency refers to unforeseen or sudden occurrence, especially
danger, demanding immediate action.

e. 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.

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

g. 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.

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

i. 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.

j. Hazard refers to a 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.

k, 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

|. Imminent Danger refers to a situation where, on the basis of official
forecasts, a disaster will or is expected to occur in a particular

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geographical area and within an estimated period of time, and where
necessary preparedness actions or financing are required.

m. 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.

n. Internally Displaced Persons refer 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.

0. International Personnel refers to the staff and volunteers of any
assisting actor providing disaster relief or initial recovery assistance,
being persons who are ncither citizens of, nor domiciled in the
Philippines prior to their recruitment by the international assisting
actor.

p. 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.

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

r. Mitigation refers to effort to reduce or limit greenhouse gas
emissions or enhance greenhouse gas sequestration.

s. 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 retum to full operations quickly.

t. 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.

u. National Disaster Resilierice 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 goverment
levels; and 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.

v. Natural Hazard refers to naturally occurring physical phenomena
caused 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

a


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589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623

meteorological such as floods, severe winds, typhoons, storm surges,
climatological variability such as extreme temperatures, El Nifio, La
Nifia, forest fires, or biological such as disease, epidemics and
insect/animal plagues.

w. Open Data*refers 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 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.

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

y. 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.

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

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

bb. Public Sector Employee refers to all persons in the civil service.

cc. 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
damaged infrastructures and increasing the communities’
organizational capacity.

dd. 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.

ee. 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.

ff. 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

12


624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648

650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677

vulnerability that together could potentially han exposed people,
property, services, livelihood and the environment on which they
depend.

99. 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 inherent uncertainties partly
related to the natural randomness of hazards, and partly because of
incomplete understanding and measurement of the hazards, exposure,
and vulnerability.

hh. 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.

ii. 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 ongoing 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 narmal way of life of people in the affected areas as a
result of the occurrence of natural or human-induced hazard.

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

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

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

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

pp. Whole-of-Government Approach refers to an approach that
integrates the collaborative efforts of the goverment 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.

qq. Whole-of-Nation Approach refers to an approach that seeks to
bring about a concerted effort towards national peace and security by

13


678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
107
708
709
710
7m
72
113
74
5
716
NT
718
19
720
721
722
723
724
725
726
RI

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.

rr. 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".

CHAPTER II
DEPARTMENT OF DISASTER RESILIENCE

SEC. 4. Creation of the Department of Disaster Resilience. - There is hereby
created a Departmeft 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 vulnerability
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;

14


728
nR9
730
Ti

733

74

745,

748,
749
750
751
752
753
754
755
756
787
758
759
760
761
762
763
764
765
766
167
768
769
7710
™
77
773
714
715
716
177

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 with the Department of Finance (DOF), the Government
Service Insurance System (GSIS), 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;

5. 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;

15


"779

789

71
792
793
794
795
+ 796
797
798
799
800
801
802
803
804
805
806
807
808

810

822

827

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
persons;

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

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.

C. 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 Fund (DRSF) for third
(3rd) 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 (34) to sixth (6th) Class
Provinces and Municipalities, and donations for disaster risk and
vulnerability reduction and management and climate change
adaptation, unless otherwise specified;

5. 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

16


839

848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878

and the 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;

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 of loss of lives and/or damage to property.

SEC. 7. Emergency Measures at the National Law - 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 forced 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.

C. 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

7


879
880
881
882
883
884
885
886
887
888
889
890
891
892
893

901

905
906
907
908
909
910
on
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928

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 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 and directly implement any program or project in
anticipation 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 purpose 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.

18


931

945,

948
949
950
951
952
953
954
955
956
957
958
959
960,
961
962
963
964
965
966
967
968
969
970
971
972
973
974

976
977
978

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 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.
CHAPTER IV
ORGANIZATION AND 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 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;

19


991

993
994
995

' 996
997
998
999

1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
(1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028

B. Five (5) 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;

C. Ten (10) Assistant Secretaries, to be appointed by the President, who
shall assist the Secretary in administering the aflairs of the Department to be
responsible 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 Poltcy Development and Planning Service, the Capacity-Building
and Training Service, the Legal Affairs and Compliance Service, the Disaster
Risk Reduction 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 Service shall be responsible
for providing responsive, efficient and effective Services relating to
research, planning, programming, budgeting, project development,

20


1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
"1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
11067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079

and policy formulation of civil defense and disaster risk reduction and
management projects and activities.
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 causal factors of disasters such
as exposure to hazards, lessening vulnerability of people and property,
wise management of land and 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

G. 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

a


1080
1081
1082
1083
1084
1085
1086
1087
1088
11089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
105
1106
"1107
1108
1109
1110
ive
112
113
1114
uls
1116
17
1118
1119
1120
1121
1122
1123
"1124
1125
1126
1127
1128
1129
1130

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 complaints arc endorsed to the proper office and
are addressed in a 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.

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:

c. 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 Tarif 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;

22


1131 2. Secretary of the Interior and Local Government;

1132 3. Secretary of Social Welfare and Development;

1133 4. Secretary of National Defense;

1134 S. Director-General of the National Economic and Development
1135 Authority;

1136 6. Secretary of Health;

1137 7. Secretary of Environment and Natural Resources;

1138 8. Secretary of Agriculture;

1139 10. Secretary of Energy;

1140 11. Secretary of Finance;

M41 12. Secretary of Trade and Industry;

1142 13. Secretary of Transportation;

1143 14. Secretary of Budget and Management;

1144 15. Secretary of Public Works and Highways;

1145 16. Secretary of Foreign Affairs;
(1146 17. Secretary of Justice;

1147 18. Secretary of Labor and Employment;

1148 19. Secretary of Tourism;

1149 20. Secretary of information and Communications Technology;

1150 21, Presidential Adviser on the Peace Process;

usi 22. Chairperson of the Commission on Higher Education;

1152 23. Chief of Staff of the Armed Forces of the Philippines;

1153 24. Chief of the Philippine National Police;

1154 25. Head of the Presidential Communications Operations Office;

1155 26. Secretary-General of the Philippine National Red Cross;

1156 27. Chairperson of the Commission on Human Rights;

1157 28. Executive Director of the Council for Welfare of Children;

1158 29. Lead Convenor of the National Anti-Poverty Commission;

1159 30. Chairperson of the Philippine Commission on Women;

1160 31. Chairperson of the Housing and Urban Development Coordinating
1161 Council:

1162 32. Chairperson of the National Council for Disability Affairs;

1163 33. Chairperson of the National Commission on Indigenous Peoples;
"1164 34, Chairperson of the National Commission on Muslim Filipinos;

1165 35. Chairperson of the National Youth Commission;

1166 36. President of the Government Service Insurance System;

1167 37. President of the Social Security System;

1168 38. President of the Philippine Health insurance Corporation; *

1169 39. President of the Home Development Mutual Fund;

1170 40. President of the Union of Local Authorities of the Philippines;

1171 41. President of the League of Provinces of the Philippines;

1172 42. President of the League of Cities of the Philippines;

1173 43. President of the League of Municipalities of the Philippines;

1174 44. President of the Liga ng mga Barangays;

75 45. Maximum of six (6) representatives from the academe and other
1176 relevant research institutions;

177 46. Maximum of six (6) representatives from the civil society
1178 organizations; and

1179 47. Maximum of six (6) representatives from the private sector.

1180 (c) Composition - The Council is hereby organized into five (5) clusters,
1181 namely: Disaster Prevention and Mitigation to be led by DOST, Disaster

23


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 (DDRF) 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 thereor.

SEC. 21. Monitoring, Reporting and Validation -

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.

Validation. The Secretary shall require the submission of reports from 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.

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 RORCs shall establish the RDRC Secretariat and operating facility to be known
as the Regional Disaster Resilience Council Secretariat and Operations Center.

24


1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255

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

other multiple stakeholders.
(i) LORC 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 Gencral 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.
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, and 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 to full operations;

(c) 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

25


(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.

(i) The MSCU shall establish a platform that includes, among others, the LDRO.
Other maintenance and operating expenditures and other capital outlay
requirements of the LORO 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 shail establish a platform, paradigm, and mechanisms for
convergence and coordination with stakeholders, including the development of
standards, protocols, and procedures for collaboration for disaster resilience.

SEC. 23. Establishment of Mul takeholders 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 to full operations;

(c) 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 non-government 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.

26


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

SEC. 24. Integration of DRR and Climate Change Adaptation in the Climate
and Disaster Resilience Framework and Plant - The existing National Disaster
Resilience Framework and plan and the National Climate Change Strategic
Framework and Plan shail 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 as 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 ate 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

(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.

27


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 geo-hazard assessments and climate
risk. It shall be the 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 sub national 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, developmental institutions, and non-government 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.

(c) 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.

28


1437
1438
"1439
1440
1441
1442
4443
1444
1445
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1453
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11456
1457
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1471
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1473
"1474
1475
1476
1477
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1479
1480
1481
1482
1483
1484
1485
1486

(e) The DepEd, the CHED, and the Technical Education and Skills
Development Authority (TESDA) and other developmental institutions,
community-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 leaming 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 BDRCs, 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
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 shall promote and advocate a culture of resilience and
responsible-accountable, liable and responsible citizenship through
information, education 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

29


serve as a reference of continuous awareness raising and education at all
levels of the government and multiple stakeholders.
(c) 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, 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 assets.

SEC. 31. Fast 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.

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

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 end
vulnerability reduction management-climate change adaptation programs and
innovations, and meritorious acts of individuals groups or institutions during natural
or human-induced disasters.

30


1538 CHAPTER XI

1539 PREPAREDNESS AND INTEGRATED EARLY WARNING

1540

1541 SEC. 34, Standards for Disaster Preparedness Activities. -

1542 (a) The NDRC shall establish standards for disaster preparedness,
"1543 contingency planning, localizing and operationalizing disaster risk and
1544 vuinerability reduction and management preparedness for disaster response,
1545 preparedness for early recovery, continuity of essential services, and other
1546 relevant preparedness activities.

1547 (b) LGUs shall identify safe or strategic sites, and establish evacuation
1548 centers with appropriate and adequate facilities in accordance with
1549 government-approved standards as provided under Republic Act No. 10821,
1550 otherwise known as the "Children's Emergency Relief and Protection Act", in
1551 order to avoid disruption of school classes and lessen the use of school
1552 buildings and facilities as evacuation centers.

1553 The LGUs shall immediately compensate schools used as evacuation centers.
1554 The schools may seek compensation on renovation or repairs of damaged
1555 facilities for such use.

1556

1557 SEC. 35. Multi-Hazard Early Warning and Risk Communication Standards. ~
1558 (a) There shall be a streamlined policy governing early warning systems and
1559 risk communication protocols to ensure effective and efficient measures to
"1560 prevent, prepare for, respond to, and recover from possible risk caused by
1561 natural and human-induced hazards and climate risk. The NDRC shall issue
1562 policy and the Department shall oversee and monitor the implementation of
1563 this policy,

1564 (b) The Department and all other concerned agencies with an integrated
1565 early warning and information mandate shall collaborate with the local
1366 executives and officers to disseminate climate-disaster risk information
1567 through the involvement of LGUs, community-based organizations, CSOs,
1568 and other non-governmental organizations.

1569 SEC. 36. Early Warning Mandate. -

1570 (a) The Department shall issue an integrated early warning for hydro-
1571 meteorological, geologic, or terrestrial phenomena to the appropriate
1872 government agencies or government-accredited organizations for forecasting
1573 and early warning purposes. The Department shall recognize and proactively
1574 support local or indigenous modes of early warning systems and allow open
1575 access to real time data from both local and international sources made
1576 available through various platforms such as websites, mobile applications,
1577 and social media to empower loca! communities and individuals.

1578 (b) The Department shall enhance and strengthen Philippine Atmospheric,
1579 Geophysical and Astronomical Services Administration (PAGASA) and the
1580 Philippine Institute of Volcanology and Seismology (PHIVOLCS) mandates
1581 under Republic Act No. 10692 and Executive Order No. 128, Series of 1987,
1582 respectively.

1583 (c) The Department shall recognize and proactively support local or
1584 indigenous modes of early warning systems and allow open access to real
1585 time data from both local and international sources made available through
1586 various platforms such as websites, mobile applications, and social media to
1587 empower local communities and individuals.

31


1588
1589
1590
1591
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1593
1594
1595

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1612

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1630

"1631
1632
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1634
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1636
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1638

(d) 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
recognized or approved by the NDRC.

(e) 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, .

(f) 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 XII 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 of 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 LORF.

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 Councils (DRCs), if two (2) or more
barangays are affected;
(c) 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 NDRC, if two (2) or more regions are affected.

SEC. 39. Humanitarian Assistance Action Center. - The DRC shall
institutionalize a one-Stop shop 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 NORC
agencies:

(a) Department of Finance - Bureau of Customs;

(b) Department of Foreign Affairs;

32


1639
1640
1641
1642
1643
1644
1645,
1646
1647
1648
1649

"1650

1653
1654
1655
1656
1657
1658
1659
1660
1661
1662
1663
1664
1665
1666
11667
1668
1669
1670
1671
1672
1673
1674
1675
1676
1677
1678
1679
1680
1681
1682
1683
1684
"1685
1686
1687
1688
1689

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

(e) Food and Drug Administration;

(f) Department of Agriculture;

(g) Department of Energy;

(h) Philippine National Police;

(i) Philippine Coast Guard; and

(j) Department of Justice - Bureau of Immigration.

SEC. 40. Accreditation, Mobilization, card 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 XIII 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 relics 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 as to 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.

33


1690
1691
1692
1693,
1694
1695
1696
1697
1698
1699
1700
1701
1702
1703
1704
"1708
1706
1707
1708
1709
1710
171
1712
1713
1714
1715
1716
1717
1718
719
1720
1721
11722
1723
1724
1725
1726
1727
1728
1729
1730
1731
1732
1733,
1734
1735
1736
1737
1738
(1739

(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.

(c) A determination that domestic capacities are likely to be sufficient and
that international humanitarian assistance is therefore unnecessary may be
reviewed 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 advice 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 as eligibility guidelines to utilize the legal fatalities for assisting international
actors provided hereunder.

34


11740
1741
1742
1743
1744
1745
1746
1747
1748
1749
1750
1751
1752
1753
1754
1755
1756
1757

"1758
1759
1760
1761
1762
1763
1764
1765
1766
1767
1768
1769
1770
1771
1772
1773
1774

775,
1776
1777
1778
1779
1780
1781
1782
1783
1784
1785
1786
1787
1788
1789
1790

SEC. 49. Visa Waiver. - Eligible assisting international actors shall be entitled to
waiver of entry visa requirements, including any associated sees 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.
(c) Recognition of qualifications shall remain valid until the end of the
Intemational Initial Recovery Period, absent individual criminal conduct on
other professional misconduct sufficient to bar the individual from
professional practice 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

facilitate the rapid importation of consignment of goods and equipment by eligible

assisting actors and shall accord them priority treatment in handling.

SEC. 54. Duty of Compliance by Eligible Assisting Actors. - In order to benefit

from the aforementioned legal facilities, eligible assisting international actors shall:
(a) Declare that all the goods and equipment they seek to import under this
Act are exclusively for Disaster Relics 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

35


1791
1792
1793
11794
1795,
1796
1797
1798
1799
1800
1801
1802
1803
1804
1805
1806
1807
1808
1809
1810
/181L
1812
1813
1814
1815
1816
1817
1818
1819
1820
1821
1822
1823
1824
1825
1826
1827
1828
"1829
1830
1831
1832
1833
1834
1835
1836
1837
1838
1839
1840
1841

(c) 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.

. EXPI D_ENTRY_AN! RESTRICTIONS FOR SPECIFIC INTERNATI
DISASTER GOODS AND EQUIPMENT

SEC. 56. Simplification of Documentation 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 intemational
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 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 intemational 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.

36


1842
1843
1844
1845
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
1860
1861
1862
1863
1864
1865
1866
"1867
1868
1869
1870
1871
1872
1873
1874
1875
1876
1877
1878
1879
1880
1881
1882
1883
11884
1885
1886
1887
1888
1889
1890
1891
1892

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":

(6) 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;
(4) 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;
(c) 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 attest further deterioration of
properties and loss of livelihoods in the affected communities, following the
"Build Forward Better principle:
1. Grant of no-interest Joans by government financing or lending
institutions to the most vulnerable and marginalized groups on
individuals, and
2. Local tax exemptions, incentives or reliefs under such terms and
conditions as may be deemed necessary by the affected LGU.

37


1893
1894
1895
1896
1897
1898
1899
1900
"1901
1902
1903
1904
1905
1906
1907
1908
1909
1910
1911
1912
1913
1914
1915
1916
1917
11918
1919
1920
1921
1922
1923
1924
1925
1926
1927
1928
1929
1930
1931
1932
1933
1934
1935
"1936
1937
1938
1939
1940
1941
1942

CHAPTER XVIII
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
Adaptation Plan for hazards frequently occurring within their
jurisdictions; and
(5) 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 in disaster
stricken areas, including appropriate technology, tools, equipment,
accessories, disaster teams or experts;

38


1943
1944
1945
1946
1947
1948
1949
1950
1951
1952
1953
"1954
1955
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
"1989
1990
1991
1992

(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:

(‘s) Diverting or misdelivery of relief goods, equipment, or other aid

commodities to persons other than the rightful recipient or consignee;

(9) Accepting, possessing, using or disposing relief goods, equipment

or other aid commodities not intended for nor consigned to 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 another 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) Illegal 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 of 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 Inowing 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:

39


1993 (a) Imprisonment of not less than twelve (12) years but not more than

194 fifteen (15) years or a fine of not less than One million pesos
1995 (P1,000,000.00) but not more than Three million pesos (P3,000,000.00), or
1996 both imprisonment and fine at the discretion of the court, shall be imposed
1997 upon any person found guilty of violating subsections (b)(1) to (b)(16), as
1998 well as the confiscation or forfeiture in favor of the government of the objects
1999 and the instrumentalities used in the commission of the prohibited acts;
2000 (b) Imprisonment of not less than six (6) years but not more than eight (8)
2001 years or a fine of not less than Five hundred thousand pesos (P500,000.00)
2002 but not more than One million pesos (P1,000,000.00). OT both imprisonment
2003 and fine at the discretion of the court, shall be imposed upon any person who
2004 attempts to commit any of the prohibited acts in the preceding section, in
2008 violation of subsection (b)(17) thereof;
"2006 (c) Imprisonment of not less than two (2) years but not more than six (6)
2007 years or a fine of not less than two hundred thousand pesos (P200,000.00)
2008 but not more than Five hundred thousand pesos (P500,000.00), or both
2009 imprisonment and fine at the discretion of the court, shall be imposed upon
2010 any person found guilty of unlawfully benefiting from the proceeds or fruits of
2011 any of the prohibited acts in the preceding section, in violation of subsection
2012 (b)(18) thereof;
2013 (d) Perpetual disqualification from public office aside from the penalty of fine
2014 or imprisonment or both, shall be imposed if the offender is a public officer,
2015 and confiscation or forfeiture in favor of the government of the objects and
2016 the instrumentalities used in the commission of any of the prohibited acts in
2017 the preceding section;
2018 (e) If the offender is a corporation, partnership or association, or other
2019 juridical entity, the penalty shall be imposed upon the officer or officers of
2020 the corporation, partnership, association or entity responsible for the
2021 violation without prejudice to the cancellation or revocation of these entities’
2022 registration, license of Accreditation issued to them by any licensing or
3 accredited body, of the government. If such offender is an alien, the person
2024 shall, in addition to the penalties prescribed in this Act, be deported without
2025 further proceedings after service of the sentence:
2026 Payment of the full cost of repair or replacement of the government risk
2027 reduction and preparedness equipment, accessories and other vital facility or
2028 items, or any part thereof, which is the object of the crime shall likewise be
2029 imposed upon any person who shall commit any of the prohibited acts in the
2030 preceding section; and
2031 (g) The prosecution for offenses set forth under the preceding section shall
2032 be without prejudice to any criminal liability for violation of Act No. 3815, as
2033 amended, otherwise known as the "The Revised Penal Code". and other
2034 existing laws, as well as the imposition of applicable administrative or civil
2035 liabilities.
2036
2037 CHAPTER XX
2038 APPROPRIATIONS
2039
2040 SEC 68. Appropriations. -
"2041 (a) The amount needed for the initial implementation of this Act shall be
2042 taken from the current fiscal year's unexpended appropriation of all agencies
2043 herein absorbed, transferred, and attached to the Department. Thereafter,

40


2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
"2060
2061
2062
2063
2064
2065
2066
2067
2068
2069
2070
2071
2072
2073
2074
2075
2076
12077
2078
2079
2080
2081
2082
2083
2084
2085
2086
2087
2088
2089
2090
2091
2092
2093
12094

the amount needed for the operation and maintenance of the Department
shall be included in the General Appropriations Act.
(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.
(c) Local Disaster Resilience Fund (LORF). Not less than seven percent (7%)
of the estimated revenue from regular sources shall be set aside as the LORF
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 LORCs that are declared under a state of calamity.
(1) Of the amount appropriated for LDRF, 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 LORF, 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
(ORF) 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 LORF
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.
(5) All departments, 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).
Unexpended 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 LORCs within the next two (2)
years, Any such amount still not fully utilized after two (2) years shall

41


-
2095 revert back to the general fund and will be available for other social
2096 services to be identified by the local sanggunian.
2097 The NDRC shall issue guidelines on the utilization and release of LDRF
2098 in coordination with other concerned government agencies.
2099 (d) Prevention, Mitigation and Preparedness Fund for third (3) to sixth (6th)
2100 class provinces and municipalities. There shall be in the annual General
2101 Appropriations Act an amount allotted solely for the use of third (3rd to sixth.
2102 (6th) class provinces and municipalities for the purpose of augmenting their
2103 LDRF with respect to plans, programs, projects, and procurement for climate
2104 change adaptation, disaster risk prevention, mitigation, and preparedness.
2105 The requirements to avail of this fund shall be laid down in the rules and
2106 regulations to be promulgated by the Secretary.
2107
2108 CHAPTER XXI FINAL PROVISIONS
2109
2110 SEC. 69. Transfer and Attachment. -
2uit
2112 (a) The applicable powers, functions, funds, and appropriations of the Office
"2113 of Civil Defense (OCD) and the Climate Change Office (CCO). Geo Hazard
2114 Assessment and Engineering Geology Section of the Mines and Geosciences
2115 Bureau (MGB), Health and Emergency Management Bureau of the
2116 Department of Health (DOH). the Disaster Response Assistance and
27 Management Bureau (DREAMB) of the DSWD, and the Bureau of Fire
2118 Protection are hereby transferred to the Department.
2119 (b) The disaster risk reduction and management functions, assets and
2120 personnel of the Office of Civil Defense (OCD) currently under the DND, are
2121 hereby transferred to the Department, and the civil defense functions shall
2122 remain with the DND:
2123 (c) The existing organizational and administrative systems and processes of
2124 the transferred OCD shall serve as the core organization of the Department.
2125 (a) The Climate Change Office of the Climate Change Commission shall
2126 continue its functions under Republic Act No. 10174 under the Department.

(e) 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).
(f) The employees of the Bureau of Fire Protection (BFP) shall remain
As a 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 unexpended 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.

2143, SEC. 70. Separation Benefits of Officials and Employees of Affected
2144 Agencies. - National government employees displaced or separated from the
2145 service as a result of this Act shall be entitled to separation pay and other benefits

42


2147
2148
"2149
2150
2151
2152
2153
2154
2155
2156
2157
2158
2159
2160
2161
2162
2163
2164
2165
12166
2167
2168
2169
2170
271
2172
2173
2174
2175
2176
2177
2178
2179
2180
2181
2182
2183
2184
2185
2186
2187
2188
2189
2190
2191
2192
2193
2194
2195

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 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 (5) 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.

SEC. 75. Separability Clause - If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain
in full force and effect.

SEC. 76. Repealing Clause -

(a) Republic Act No. 10121, otherwise known as the "Philippine Disaster Risk

Reduction and Management Act of 2010," 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;

43


2190 (4) Section 4 of Republic Act No. 10639, otherwise known as "The Free
Mobile Disaster Alerts Act"; and
(5) Section 5 of Republic Act No. 10692, otherwise known as "The
PAGASA Modernization Act of 2015".
(c) 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 on amended
accordingly.

2205 SEC. 77. Effectivity. - This Act shall take effect fifteen (15) days after its
2206 publication in the Official Gazette or in a newspaper of general circulation

2208 + Approved,