Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3459

Introduced by: HON. LORD ALLAN JAY Q. VELASCO

EXPLANATORY NOTE

The Philippines is situated along the Pacific Typhoon Belt and the Pacific Ring of
Fire. An average of 20 typhoons affects the country annually and around 20 earthquakes
are recorded daily!. As such, the country is deemed to be one of the most vulnerable to
disasters; and the most disaster-risk prone country in the world in terms of number of
people affected?, A World Bank report stated that natural disasters could cost as much as
6.5% of the Philippine GDP in well-being losses every year’.

Republic Act No. 10121 (R.A. No. 10121), otherwise known as “The Philippine
Disaster Risk Reduction and Management Act of 2010,” created and mandated the
National Disaster Risk Reduction Management Council (NDRRMC) as the lead entity for
Disaster Risk Reduction and Management (DRRM) process. Currently, the council set-up
of the NDRRMC means that the actual implementation of disaster reliance program of the
government is diffused among many agencies; that the council members are composed of
officials from various agencies who have otherwise full-time jobs; and lastly, that the
government's supposed coordinated response to natural hazards and human-induced
disasters are lumped into one agency. President Rodrigo Roa Duterte has repeatedly made
the call to Congress in the past State of the Nation Addresses (SONAs) of the urgent need
to create a Department of Disaster Resilience.

This proposed bill seeks to address the shortcomings of the current law and heed
the call of the President to have one lead agency for disaster resilience. This bill seeks to
establish a Department of Disaster Resilience (DDR) that is mandated to spearhead
government's response in times of natural disasters. Among the key features of this law
are the following: (a) Unity of Command because the overall powers and functions to lead
the country’s disaster resilience efforts are lodged in one department; (b) Full-time focus
on resilience to natural hazards; (c) Take-over capacity in times of disaster because in
extreme conditions, the DDR shall have the power to temporarily take-over or direct any
private utility to avert disasters and save lives; (d) Rationalized fund-use for disasters; (e)
Fast and responsive procurement; (f) Science- and Information Communications
Technology (ICT)-based system because it shall ensure inter-operability of systems among,
relevant agencies; (g) Highly-specialized functions and highly-skilled personnel
requirements; and (h) Institutional partnerships with LGUs, NGOs and academia.

' DOST-Phivoles, April 2019.
2 Bundnis Entwicklung Hilft, World Risk Report: Analysis and Prospects, 2017,
> World Bank, Unbreakable: Building the Resilience of the Poor in the Face of Natural Disasters.


This proposed bill recognizes that disaster resilience is everybody's business, thus
it takes a ‘whole-of-society’ approach to ensure our country’s resilience to natural hazards.
With this bill, there will be a clear system of responsibility for disaster preparedness,
response and rebuilding.

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

HON. LORD [AN JAY Q. VELASCO”


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3459

Introduced by: HON. LORD ALLAN JAY Q. VELASCO

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:

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “Disaster Resilience Act”
SECTION 2. Declaration of Policies and Principles. — The State, in recognition of the

following:

a. The Philippines is located along the Pacific Ring of Fire and the Tropical Cyclone Belt,
and is considered as one of the most vulnerable countries to natural hazards and climate
change;

b. Each year, the Philippines sustains immense damage and loss due to natural disasters,
including loss of life or injury, damage to buildings, infrastructures, properties, and
equipment, damage to or interruption of food supply, loss of public and other critical
services, loss of livelihood, business or revenues from business interruption, disruption of

economic development, and damage to the environment;

c. Transforming our World: The 2030 Agenda for Sustainable Development, which was
adopted by Heads of State and Government at a special UN Summit in September 2015,
reaffirms the urgent need to reduce the risk of disasters and recognizes disaster resiliency as
fundamental to the achievement of the 17 Sustainable Development Goals (SDGs) and its
169 targets;

d. The Sendai Framework for Disaster Risk Reduction 2015-2030 and the Paris Agreement
of the United Nations Framework Convention on Climate Change (UNFCC) recognize the

need for an effective and progressive response to the threats of climate change, as one of the


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drivers of disaster risk, by fostering collaboration among the national and local governments,
across nations, with other stakeholders including non-government organization (NGOs),

international organizations, the academe, and the private sector;

e. The Philippines initiated the Asia-Pacific Economic Cooperation (APEC) Disaster Risk
Reduction (DRR) Framework of 2015, which the 21-member body adopted to facilitate

collective work in the Asia-Pacific Region in building adaptive and disaster-resilient

economies supporting inclusive and sustainable development in the face of the “new normal”

of increased natural disasters and climate change;

f. The National Disaster Risk Reduction and Management Council (NDRRMC), which was
created under Republic Act (RA) No. 10121, mandates the Office of Civil Defense under
the Department of National Defense (DND) to manage both human-induced and natural

disasters;

g. The Philippine Development Plan (PDP) 2017-2022 recognizes the great importance of
ensuring the country’s resilience to natural disasters and mandates the urgent
implementation of effective disaster resilience measures to help induce poverty-reducing

growth and reduce inequality;

h. The Philippines” experiences with previous disasters have shown that the existing laws,
policies, resources, and institutional arrangements are inadequate in squarely addressing the
country’s disaster prevention, mitigation, preparedness, response and rehabilitation

requirements; and

i. Resilience to natural disasters warrant skills, resources, and methods that are different from

that required to address human-induced disasters:
It shall be the Duty of the State to

2.1. Protect the lives and properties of its citizens by addressing and preventing the causes

of vulnerabilities to natural disasters;

2.2. Inculcate a culture of resilience and preparedness for natural disasters at the national,

regional and local levels;

2.3. Establish a strong and empowered institution capable of responding to the “new normal”
of natural disasters and climate change, and spearhead efforts to ensure disaster resilience
by delivering on the highly critical and intertwined functions of disaster risk reduction,

preparedness and response, and recovery and ‘building forward better’;

2.4. Address the concerns and needs of sectors with special needs or higher vulnerabilities
such as women, children, elderly, persons with disabilities, and indigenous peoples with

respect to disaster resilience and disaster management;

2.5. Protect the nation’s historical and cultural heritage and resources from natural hazards:


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2.6. Integrate and accelerate the implementation of the action plans of climate change and
disaster risk reduction contained in the above-mentioned intemational and national
frameworks and commitments in various phases of policy formulation, development, and
investment plans, 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 capacity for climate change adaptation and mitigation;

2.7. Foster an enabling environment for substantial and sustainable participation of non-
government stakeholders such as the academe, Civil Society Organizations (CSOs), private

sector groups, volunteers and communities in disaster resilience programs and projects;

2.8. Adopt a ‘whole-of-society’ approach in disaster resilience to enhance collaboration,
planning, and dialogue among all sectors of society, and in improving their strategies and/or

action plans for disaster risk reduction; and

2.9. Strengthen the chain of command and establish a unified command system to enhance

our country’s disaster resilience.

SECTION 3. Definition of Terms. ~ As used in this Act:

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

b) Assisting Actor — refers to any assisting international actor and any assisting domestic
actor responding to a disaster in the country;

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

@) Assisting International Actor — any foreign state, organization, entity or individual

responding to a di

ster within or transiting through the country to respond to a disaster
in another country;

9 Biological hazards ~ hazards that are of organic origin or conveyed by biological vectors,
including pathogenic microorganisms, toxins and bioactive substances. Examples are
bacteria, viruses or parasites, as well as venomous wildlife and insects, poisonous plants
and mosquitoes carrying disease-causing agents:

1) Building Forward Better ~ an approach to building, reconstructing, and/or rehabilitating
an area or community that entails a shift from simple recovery and restoration to safer,
more adaptive, resilient, and inclusive communities;

®) Business Continuity ~ the capacity of a business entity to continue the delivery of its
products and/or services at acceptable pre-defined levels following a disruptive incident;

h) Capacity — the combination of all strengths, attributes and resources available within a
community, society or organization that can reduce the level of risk, or impact of a

disaster. Capacity may include infrastructure and physical means, institutions, societal


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D)

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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:

Civil Society Organizations (CSOs) — non-state actors whose aims are neither to
generate profits nor seek governing power but to unite people behind shared goals and
interests. They have a presence in public life, expressing the interests and values of theit
members or others, and are based on ethical, cultural, scientific, religious or
philanthropic considerations. CSOs include NGOs, professional associations,
foundations, independent research institutes, community-based organizations (CBOs),
faith-based organizations, people’s organizations, social movements, and labor unions;
Climate Change a change in the state of the climate that can be identified by changes
in the mean and the variability of its properties, and that persists in an extended period,
typically decades or longer, whether due to natural internal processes or external forces
such as modulation of the solar eycles, voleanie eruptions and persistent anthropogenic
changes in the composition of the atmosphere or in land use;

Climate Change Mitigation — efforts to reduce or limit greenhouse gas emissions or
enhance greenhouse gas sequestration;

Cultural Heritage — the totality of cultural property preserved and developed through
time and passed on for posterity;

Contingency Planning ~ 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:

Department ~ the Department of Disaster Resilience or the DDR:

Development Assistance - refers to any financial, material or other forms of assistance to
support the economic, social, and environmental well-being of areas and/or people
affected by a natural disaster;

Disability — an evolving concept that results from the interaction between persons with

impairments, as defined under RA No. 7277, and attitudinal and environmental barriers

that hinder their full and effective participation in society on an equal basis with other

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

otherwise specifically indicated in this act, the term “disaster” shall refer to “natural

disaster’
Disaster Contingency Fund —a fund, in lump-sum form, managed by the Department to
expeditiously provide funds and resources for disaster relief or response in affected areas;

Disaster Mitigation or mitigation — the lessening or limitation of the adverse impact of


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7)

hazards. Mitigation measures include the application of engineering techniques and
construction of hazard-resistant structures as well as improved environmental, land use
planning, climate change and other sectoral policies and public awareness programs;
Disaster Preparedness — the knowledge and capacities developed by governments,
professional response and recovery organizations, communities and individuals to
effectively anticipate, respond to, and recover from, the impact 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 provision of land for resettlement sites;

Disaster Prevention — the intention to avoid, or the outright avoidance, of potential
adverse impact of disasters and related hazards through action(s) taken in advance. It
expresses the concept and intention to completely avoid potential adverse impact
through action taken in advance such as construction of dams or embankments that
eliminate flood risks, land-use regulations that do not permit any settlement in high-risk
zones, and seismic engineering designs that ensure the survival and function of a critical
building in any likely earthquake;

Disaster Resilience — the ability of a system, community, or society exposed to hazards
to resist, absorb, accommodate, adapt to, transform, and recover from the effects of a
hazard and/or the long-term impact of climate change in a timely and efficient manner,
including through the preservation and restoration of its essential basic structures and
functions through risk management;

Disaster Response ~ the provision of emergency services and public assistance during
or immediately after a disaster in order to secure and save lives, reduce health impact,
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
vietims and vulnerable people;

Disaster Resilience Fund ~ the budget managed by the Department, which includes funds
appropriated to it by Congress pursuant to an Appropriations Act, the Disaster
Contingency Fund, and the Rehabilitation and Recovery Fund;

Disaster Risk — 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;

Disaster Risk Governance ~ the way in which the public authorities, civil servants,
media, private sector, and civil society collaborate at the community, regional and
national levels to manage disaster risks and climate-related risks. This means ensuring

that sufficient levels of capacity and resources are made available to the relevant actors


and stakeholders 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;

a) Disaster Risk Management — the systematic process of using administrative directives,
organizations, and operational skills and capacities to implement strategies, policies and
improved coping capacities to lessen the adverse impact of hazards and the possibility
of disaster; .

bb) Disaster Risk Reduction — the prevention of new, and/or reduction of existing, disaster
risk(s) and the management of residual risk, to enhance resilience to disasters;

x) Early Warning System — an integrated system of hazard monitoring, forecasting and
prediction, disaster risk assessment, and communication and preparedness activities and
processes that enable individuals, communities, national government agencies, local
government units, the private sector, and others to take timely action to reduce disaster
risks and adequately prepare for disasters;

di) Eligible Assisting Actor — any assisting actor that has been determined to be eligible to
receive legal facilities as provided for in this Act and/or its Implementing Rules and
Regulations (IRR);

&) Emergency — an unforeseen or sudden occurrence, especially danger, demanding
immediate and decisive action;

ff) Emergency Management — the organization and management of resources and
responsibilities for addressing all aspects of emergencies, in particular preparedness,
response, and initial recovery steps;

gg) Environmental hazards — the hazards that may be chemical, natural, and biological, and
can be created by environmental degradation or physical or chemical pollution in the air,
water, and soil. However, many of the processes and phenomena that fall into this
category may be termed “drivers of hazard and risk” rather than hazards in themselves,
such as soil degradation, deforestation, loss of biodiversity, salinization, and sea-level
rise;

bh) Exposure — the degree to which the elements at risk are likely to experience hazard events
of different magnitudes;

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

|) Geographically Isolated and Disadvantaged Area (GIDA) — areas with a marginalized
population, which is physically and socio-economically separated from the mainstream
society and characterizéd by physical factors — isolated due to distance, weather
conditions and transportation difficulties (island, upland lowland, landlocked, hard to
reach and underserved communities); and/or socio-economic factors — (high poverty

incidence, presence of vulnerable sectors, communities in or recovering from situation


of crisis or armed conflict);

kk) Geological or geophysical hazards — the hazards that originate from internal earth

processes, such as earthquakes, volcanic activities and emissions, and related geophysical

processes, which include mass movements, landslides, rockslides, surface collapses, and
debris or mud flows. Hydrometeorological factors are important contributors to some of
these processes. While tsunamis are triggered by undersea earthquakes and other
geological events, they essentially become an oceanic process that is manifested as a
coastal water-related hazard:

Hazard —a phenomenon, substance, human activity or condition that may cause loss of
life, injury or impact to health; social and economic disruption, environmental damage,

or loss of/disruption to property, livelihood, and/or services;

mm) Historical landmarks — sites or structures that are associated with events or achievements

significant to Philippine history as declared by the National Historical Institute or the

applicable agency;

m) Human-Induced Hazard — an event that is caused by humans and occur in or close to

human settlements or a particular environmental area. This can include environmental

degradation, technological or industrial conditions, pollution,

idents, e.g. high
density events, industrial and transport accidents, complex emergencies, armed conflict,

situations of generalized or organized violence, and violation of human righ

0) Humanitarian assistance — financial, material or other similar forms of assistance to

address the immediate needs of people affected by a natural disaster;

1p) Hydrometeorological hazards — hazards that are of atmospheric, hydrological, or

oceanographic origin, such as tropical cyclones (also known as typhoons and hurricanes);
floods, including flash floods; drought; heat waves and cold spells; and coastal storm
surges. Hydrometeorological conditions may also be a factor in other hazards such as
landslides, wildland fires, locust plagues, epidemics, and in the transport and dispersal of

toxic substances and volcanic eruption material;

@) Impact and needs assessment — assessing the nature and magnitude of a disaster, its

impact on affected populations, the type and extent of emergency, and the requirements
for recovery and rehabilitation of the affected area(s);

Imminent Danger — a situation where, on the basis of official forecasts, it could
reasonably be expected that a disaster will occur in a particular geographical area and
within an estimated period of time, and where necessary preparedness actions or
financing are required;

Integrated Disaster Resilience Information System — 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:


t) International Disaster Relief and Initial Recovery Period —the period that 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:

w) Internally Displaced Persons — 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;

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

ww) Land Use Planning — the process undertaken by public authorities to identify, evaluate

and decide on different options for 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;

xx) Legal Facilities — entitlements and exemptions that are granted to Assisting Domestic or
International Actors that are declared to be eligible pursuant to this Act and its
implementing rules and regulations;

yy) Local Disaster Resilience Plan (LDRP) ~ a document prepared by a Local Government
Unit (LGU) based on the National Disaster Resilience Framework (NDRF) and the
National Disaster Resilience Plan and Investment Plan (NDRPIP) that sets out specific
programs, objectives and goals to implement disaster risk management and climate
change adaptation meastires at the local level. The plan includes, among others, an

evaluation and analysis of emerging disaster risks, hazards, and vulnerabilities applicable

to an LGU, and specifi programs and activities to ensure responsive, effective, and
appropriate disaster preparedness and management at the local level;

2) National Continuity Policy — is a comprehensive national policy consisting of a set of
programs and projects aimed at enhancing the capacity of the government to ensure the
continuity of governance and the delivery of public services during and after any
disaster:

an) National Disaster Resilience Framework (NDRF) ~ a framework that provides for a
comprehensive, multi-sectoral, whole-of-government, and whole-of-society approach to
attaining safe, adaptive, and resilient communities that can resist, prevent, mitigate
against, absorb, accommodate, adapt to, recover, or build back better from the effects of
a natural hazard in a timely and efficient manner through, among others, disaster risk
reduction and management, and climate change adaptation and mitigation. The NDRF
shall be composed of a National Disaster Risk Reduction and Management Framework


Sowra)d

(NDRRMP), and National Framework Strategy on Climate Change (NFSCC

beb)National Disaster Resilience Plan and Investment Program (NDRPIP) ~ a plan
formulated and implemented by the national and local governments, in collaboration
with NGOs, the private sector, academe, international development partners, and others,
in accordance with the NDRF that sets out the outcomes, goals and objectives, priorities,

programs and corresponding action plans for disaster risk reduction, preparedness, and

management, and climate change mitigation. The NDRPIP shall also include, among
others, goals, objectives and action plans for a national continuity policy. It shall be in
conformity with the national disaster risk reduction and management framework;

ax) Natural Hazard — naturally occurring physical phenomena caused either by rapid or
slow-onset events, which can be geological (earthquakes, ground rupture, liquefaction,
landslides, tsunamis, sinkholes, and volcanic activity), hydrological and meteorological

(floods, severe winds, typhoon

orm surges), climatological variability (extreme
temperatures, El Nifio, La Nifa, forest fires), or biological (disease, epidemics and

insect/animal plagues);

id) Open Data ~ a set of data that can be freely used, shared and built-on by anyone,

anywhere, for any purpose. It must be available in bulk, and 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 the end-user’s computer. The data must permit people to use, re-use, and
redistribute it, including intermixing it with other data sets and distributing the results.
Las

permit a data provider to require that data users credit them in some appropriate way,

\y, it does not allow conditions to be placed on how people can use such data but

make it clear if the data has been changed, or that any new datasets created using their

data are also shared as open data;

ax) Pre-Disaster Recovery Plan ~a plan intended to help government officials working in

small communities or across an entire nation, to define and follow a process to pre plan
for disaster recovery, and thereby strengthen their own future recovery efforts and

‘outcomes;

fi) Pre-Disaster Risk Assessment (PDRA)-~ 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 impact on the population and forms a basis,
to determine the appropriate level of response actions from the national level
government agencies down to the local government units. It is hazard-specific, area

focused, and time-bound;

gx) Recovery — rehabilitation measures that ensure the ability of affected communities or

areas to return their normal level of functioning by restoring livelihoods and services,


hhh)

Kk)

reconstruction of damaged infrastructures and increasing the communities’
organizational capacity; ”

Rehabilitation — restoration of basic services and facilities for the functioning of a
community or a society affected by a disaster;

Response ~ 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 communities; and the restoration of essential public activities and facilities;
Retrofitting — the reinforcement or upgrading of existing structures to make them more
resistant and resilient to the damaging effects of hazards;

Risk Assessment ~ a methodology to determine the nature and extent of risk by analyzing
potential hazards and evaluating existing conditions of vulnerability that together could
potentially harm exposed people, property, services, livelihood and the environment on
which they depend;

Risk Transfer — 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;

mmm) Safety stock — items, such as raw materials, component parts, or finished goods,

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maintained in inventory to reduce the risk that such item will be out of stock, in
anticipation of unforeseen shortages or unusual demand for such items;

Service Continuity —- the capacity of a government instrumentality to continue
delivering its mandated outputs and/or services to the public during and after a disaster;
State of Calamity — a condition involving endangerment to or loss of lives, damages to
property, economic or social disruption, interruption or loss of livelihood or services,
and destruction or damages to infrastructure as a result of natural disasters or related
hazards;

Simplified or Pre-Arranged Contract — a written agreement in the nature of an option
contract between the procuring entity on one hand, and the most responsive and lowest
calculated bidder on the other, granting the procuring entity the option to either place an
order for any of the goods identified therein or not buy at all, within a given period of
time;

Sustainable Development — development that meets the needs of the present without
compromising the ability of future generations to meet their own needs;

Volunteers — individuals, groups or entities that offer or provide services or assistance,
without compensation, to help people or areas affected by disasters;

Vulnerability — the conditions determined by physical, social, economic, organizational,

and environmental factors or processes, which increase the susceptibility of an


individual, a community, assets or systems to the impact of hazards:
tt) Whole-of-Society Approach ~ an approach that encourages the meaningful and active
participation and synergy of the different stakeholders of society toward climate change
adaptation and mitigation, and disaster risk reduction and management at the national
and local levels;
ux) Whole-of-Government Approach ~ an approach that instills and fosters collaboration
among all government instrumentalities both at the national and local levels toward
shared sustainable development goals and outcomes; and
w\) Whole-of-Nation Approach — an approach that seeks to bring about a concerted effort
towards sustainable development, national peace and security by creating consensus and
understanding of development and security that is shared not just among core security
forces and oversight government institutions, but also by the nation’s stakeholders, e.g.,
government, civil society, private sector, and the communities.
ARTICLE IL
THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS

SECTION 4. Creation of the Department of Disaster Resilience. ~ There is hereby created
the Department of Disaster Resilience, hereinafter referred to as the Department.

SECTION 5. Mandate. The Department shall be the principal government institution
responsible for ensuring safe, adaptive, and disaster-resilient communities. It shall lead, spearhead,
initiate, and integrate the crafting and implementation of plans, programs, projects, and activities
to reduce the risk of natural hazards and effects of climate change, and manage the impact of
disasters with the primordial goal of saving lives and minimizing damage to property, in close

collaboration with all relevant stakeholders at the national and local levels.

The mandate of the Department shall cover all natural hazards, including the effects of

climate change, such as the following:

1. Geological Phenomena and Related Hazards
a. Earthquake — ground rupture, ground shaking, liquefaction, tsunami, fire, and
landslides:
b. Volcanic activity ash fall, pyroclastic flow, lava flow, lahar, fissuring, volcanic
gas, and seiche (lake water oscillation);
c. Mass movement ~ landslides, debris flow, sinkholes:
2. Hydrological and Meteorological Phenomena and Related Hazards
a. Tropical cyclone — severe winds, storm surge, hail;
b. Flood;
c. Erosion;

3. Climatological variability


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a. EI Nifio:

b. Extreme temperatures;

c. La Nifia; and

d. Solar radiation, among others.

The Department shall oversee and coordinate the preparation, implementation, monitoring,

and evaluation of disaster and climate 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 and anticipatory

adaptation strategies, measures, techniques, and options. It shall also manage and direct the

implementation of national, local, and community-based disaster resilience programs in

collaboration with relevant national government agencies, LGUs, CSOs, and other stakeholders,

as applicable.

SECTION 6. Powers and Functions of the Department.— The Department shall exercise and

perform the following powers and functions:

(a) Overall Functions

1.

iS

10.

Craft the policies and lead the implementation of the programs, projects and activities
necessary to reduce the country’s vulnerabilities to natural hazards and climate change,
using the PDP and the relevant climate change and DRR frameworks as anchors;

Review and build upon, to the extent necessary, the existing disaster resilience framework,
plans and strategies in the crafting of an NDRF and the corresponding NDRPIP;

Oversee, review, and approve the translation, integration, and implementation of the
NDRPIP into LDRPs;

Communicate and disseminate critical information to help the public prepare for, respond
to, and recover from, a disaster:

Receive, manage, and administer the Disaster Resilience Fund, the Disaster Contingency
Fund, donations and other funds, assets and/or properties received by the Department to
accomplish the purposes of this Act;

Recommend to the President of the Philippines the declaration of a state of calamity due to
a natural disaster, and the lifting thereof when conditions stabilize;

Direct any government entity to help ensure the attainment of the goals and objectives of
this Act;

Advance the country’s interests relating to disaster resilience and climate change in the
regional and global arena;

Advise the President on matters concerning disaster resilience and make recommendations,
as appropriate; and

Perform such other functions, as provided by law or assignment of the President, and
undertake all other necessary actions to ensure the attainment of the overall goals and

objectives of this Act.


(b) Disaster Risk Reduction

Develop coordinated national, regional, and local strategies for the effective prevention
and mitigation of disaster risk resulting from natural hazards, including the effects of
climate change;

Monitor and ensure the integration of disaster risk reduction and management, and climate
change adaptation policies into national development plans:

Establish a disaster resilience information system to facilitate the creation of an integrated
risk assessment platform built from the inputs of government and private scientific and
academic institutions, national government agencies and local government units, local
communities, and other stakeholders and that is able to provide readily accessible and
actionable information for purposes of risk governance and humanitarian action:
Formulate plans and programs to establish and implement government redundancy.
service and business continuity, and a National Continuity Policy, as a high priority and
urgent undertaking: :

Ensure the use of advanced science and technology in anticipatory planning of
communities against the. impact of natural hazards and climate change through
consultation, and employment having a regular department funding the academe or higher
education institutions;

Develop and implement policies and programs related to the construction of new
settlements or relocation of settlements in safe areas that shall, to the extent such policies
and programs relate to disaster risk reduction, mitigation, prevention or building forward
better, prevail over policies or decisions of other government departments, government
agencies, government-owned or -controlled corporations, LGUs, and other government
instrumentalities;

Design and implement an incentive system for greater private and public investment, both
at the local and national levels, on disaster risk reduction:

Oversee and ensure the mainstreaming of climate change adaptation and disaster risk
reduction in development and land use planning, and the preparation of contingency plans;
Create an enabling environment that shall promote broader multi-stakeholder participation
for disaster risk reduction and climate change adaptation and mitigation;

Communicate and disseminate critical information to help the public prepare for, respond
to, and recover from a disaster:

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), and the Insurance Commission;

Coordinate directly with local government units 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;
13. Review and evaluate local disaster resilience plans and other local plans to ensure their
consistency with the National Disaster Resilience Framework; and
14, Undertake all other programs, projects, and actions necessary to attain the overall goals

and intended outcomes of this key result area.

(c) Disaster Preparedness and Response

1. Lead, manage, and collaborate with the relevant government instrumentalities, non-
government stakeholders, and international partners in providing the minimum basic
needs of people in affected areas before, during and/or immediately after a disaster to save
lives and minimize casualties;

2. Ensure the efficient prepositioning of goods, maintenance, and disposal of safety stocks;

3. Prepare pre-disaster recovery plans in anticipation of future disasters by engaging the

community and planning for recovery activities that are comprehensive and long-term:

4, Establish a corps of first responders in partnership with national and local stakeholders,
both public and private;

5. Formulate standards for contingency planning for adoption by both national government
agencies and local government units;

6. Recommend to the President of the Philippines the declaration of a state of calamity due

to a natural disaster, and the lifting thereof when conditions stabilize;

7. Oversee and maintain a national early-warning and emergency-alert system that must
provide hazard-specific, area-focused and time-bound waming that are accurate, timely,
understandable and readily accessible to national and local emergency response
organizations and the general public;

8. 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;

9. Coordinate information-sharing and other disaster-risk-reduction protocols following the
principle of inter-operability among national government agencies and local government
units;

10, Establish and maintain a national humanitarian logistics system with a network of
warehouses, transport and resources, including response assets and disaster relief food and
non-food items:

11. Call upon the relevant government instrumentalities, non-government. stakeholders,
CSOs, and international partners for assistance in ensuring the protection and preservation
of life and property such as through the use of their resources and facilities, among others.
This function includes the power to call on the reserve force as defined in Republic Act
no. 7077 to assist in search and rescue, and disaster preparedness and response operations:

12, Implement Pre-Disaster Risk Assessments to include deployment of rapid assessment


aw

13.

14,

15.

16.

17.

18.

teams to gather information for precise actions as a basis for emergency preparedness and
humanitarian response;

Organize, train, equip, and maintain a system of response capacity for search, rescue and
retrieval and the delivery and distribution of relief goods;

Monitor and support LGUs in the management of evacuation centers and ensure the
welfare and dignity of internally-displaced persons;

Procure goods and services prior to, during, and after emergencies for preparedness,
response, and recovery activities, including those prompted by a declaration of a state of
calamity or of an imminent disaster;

Issue special procurement rules and regulations, in close coordination with the
Government Procurement Policy Board, for preparedness, response, and recovery
activities, including those prompted by a declaration of a state of calamity or of an
imminent disaster:

Assist in mobilizing necessary resources to increase the overall capacity of local
government units, specifically those with low income and situated in high-risk areas;

By the authority of the President, secure the assistance of the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP), DILG-Bureau of Fire Protection
(BFP), DOTr-Philippine Coast Guard (PCG), and other uniformed services in undertaking
disaster preparedness and response operations in at-risk or disaster-affected areas; and

. Undertake all other programs, projects, and actions necessary to attain the overall goals

and intended outcomes of this Act.

(d) Recovery and Building Forward Better
1.

Prepare, organize, lead, implement, and manage post-disaster assessment and recovery
and rehabilitation programs and plans, in coordination with the affected local governments
units, national government agencies, and other stakeholders;

Establish a system that utilizes templates, exposure database, and other tools; and develop
the Department’s in-house capacity for the prompt and expedient preparation of
rehabilitation plans, when needed, for disaster-affected areas;

Prepare and implement the recovery and rehabilitation plans for disaster-affected areas;

Implement the cluster approach to expedite reconstruction efforts, e.g.. p.

shelter recovery. and orchestrate and serve as the clearinghouse for the participation of
assisting actors in such efforts:

Collaborate with relevant. government agencies and non-government stakeholders in
undertaking programs and projects to restore and/or generate livelihood and

entrepreneurial activities and opportunities in disaster-affected areas;

Ensure that the principle of Building Forward Better, not mere restoration, is applied to
all recovery, reconstruction, and rehabilitation efforts; and

Undertake all other programs, projects, and actions necessary to attain the overall goals


and intended outcomes of this Act.

(e) Other Powers and Functions

1. Constitute, call, convene ‘and/or deputize agencies of government, and invite non-
government and private organizations, to assist, advise, and coordinate with the

Department to achieve the goals and purposes of this Act;

Rp

Provide operating guidelines to the LDROs 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
livelihood, and other assets;

3. Establish and monitor local and national capacity for disaster risk financing and insurance
and other risk transfer strategies in coordination with the DOF, GSIS, LBP, and the
Insurance Commission;

4. Coordinate information-sharing and other disaster-risk-reduction protocols following the

principle of inter-operability among National Government Agencies and Local

Government Units, before, during, and after a disaster;

5. Administer, mobilize, monitor, and oversee the utilization of disaster resilience-related

funds, including, but not limited to, the National Disaster Resilience Fund and the
Supplemental Disaster Resilience Support Fund for low income provinces, cities, and

municipalities, and multi-hazard local government units;

2

Inspect and examine the status of projects, programs, and activities undertaken by national

government agencies and local government units in furtherance of disaster resilience efforts;

7. Whenever it becomes necessary, to save lives or minimize damages to livelihood and
property, assume supervision over the implementation of any government program, project,

or activity in anticipation of, during, and in the aftermath of a disaster;

*

Negotiate, enter into, institutionalize, and coordinate arrangements with any private person
or entity for the purpose of ensuring the adequate and prompt availability of goods and

services necessary in anticipation of, during, and in the aftermath of disasters;

2

Manage all funds appropriated to it by law and from other sources, including all donations

and grants received by it;

10. Promulgate rules and regulations for the receipt, management, and accounting of
donations that are consistent with the rules of the Commission on Audit (COA) on the use
of foreign and local aid during calamities and disasters:

11. Receive humanitarian assistance from local and foreign sources, recommend the
acquisition of developmental assistance for the purpose of disaster resilience,
acknowledge and certify the receipt of all humanitarian assistance, and ensure their
judicious use and management;

12. Establish and operate a platform, including an online platform, to monitor and provide

public access to information on humanitarian assistance received by the Department;


v

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13. Secure the assistance of the AFP, PNP, DILG- BFP, DOTr-PCG, and other uniformed
services and government instrumentalities to ensure the attainment of the three key result

areas, and the overall goals and objectives of this Act;

14, In consultation with the Commission on Audit (COA), promulgate rules and regulations
for the retention, re-exportation, donation, and disposition of unused goods and equipment

after the termination of disaster relief and initial recovery operations;

15. Assist appropriate national government agencies and offices and concerned local
government units in protecting national cultural heritage including national treasures and
national historical landmarks, sites or monuments from hazards and disasters; and

16. Perform such other functions, as provided by law or assignment of the President, and
undertake the necessary actions to ensure the attainment of the overall goals and objectives
of this Act.

ARTICLE III
EMERGENCY MEASURES

SECTION 7. Emergency Measures. — (a) The Department may undertake and implement such
immediate measures as may be necessary to ensure the protection and preservation of life or property
in anticipation of, during, and in the aftermath of emergencies, hazards and disasters, including
preemptive and forced evacuations.

Local government units shall enact an ordinance on and implement necessary and appropriate
emergency measures, including preemptive and forced evacuations, to ensure the protection and
preservation of life or property in anticipation of, during, and in the aftermath of disasters.

Emergency measures, including preemptive and forced evacuations, shall be carried out to
save lives and minimize loss of property and livelihood, while respecting the dignity and culture of
persons, observing equality, and using proportionate force, and with conscious attention to the needs
of vulnerable and marginalized groups.

Appropriate steps shall be taken to inform the public of the need to implement emergency
measures, such as evacuations, for their safety.

Preemptive evacuation shall be the preferred primary mode of moving people that will be
affected by disasters.

Forced evacuation shall be considered as an emergency measure of last resort that may be
undertaken in anticipation of, during, or after a disaster and carried out by the affected local
government unit, pursuant to a duly issued order by the local chief executive: Provided, That in case
of the failure of the local chief executive to issue such an order, the forced evacuation shall be
implemented by the Department, which may direct and compel the assistance of law enforcement
and other relevant government agencies to implement such measure.

Any person who willfully and deliberately disregards or disobeys a preemptive or forced

evacuation implemented by the local government unit or the Department, as the case may be, releases


Sowuvanee

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such local government unit or the Department from any liability for injury, death, damage to, or loss

of property due to such disobedience.

(b) Whenever it becomes necessary, the Department may recommend to the President the
calling out of the Armed Forces of the Philippines to prevent or suppress lawless violence occurring
before, during, and in the aftermath of disasters,

(©) The Department shall ration the distribution of basic goods in critical shortage, and/or
restrict or ban the transfer of such goods outside the area covered by the emergency measure.

(d) The Department may temporarily take over or direct the operation of any private
utility or business 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 or

damage to property, subject to payment of just compensation.

(©) Local government units shall likewise enact the above-mentioned emergency
measures including preemptive and forced evacuations, to ensure the protection and preservation of
life or property in anticipation of, during, and in the aftermath of disaster.

(f) With the concurrence of the DOF, the Department shall recommend to the Monetary

Board the deferment of payment for monetary debts of LGUs and/or private entities affected by

disasters.

ARTICLE IV
ORGANIZATION AND MANAGEMENT
SECTION 8. The Secretary. ~The Department shall be headed by the Secretary of Disaster
Resilience, hereinafter referred to as the Secretary. who shall be appointed by the President, subject
to confirmation by the Commission on Appointments. The Secretary shall preferably have a solid
background in any of the scientific, engineering, and public management fields relevant to
resilience to natural hazards and climate change; and demonstrated managerial acumen.

SECTION 9. Powers and Functions of the Secretary. ~ The Secretary shall exercise the

following powers and funetior

a) Establish and promulgate policies, rules, and regulations for the effective and
efficient operation of the Department and implement these to carry out its mandate,
functions, programs, and activities:

b) Exercise executive direction over the operations of the Department and
administrative supervisions over its attached agencies:

©) Exercise control and supervision over all functions and activities of the Department
and its officers and personnel;

d) Appoint officers and employees of the Department, except those whose

appointments are vested in the President, in accordance with civil service law, rules,

and regulations;


v

©) Exercise disciplinary authority over officers and employees of the Department in
accordance with law, and investigate such officers and employees, or designate a

committee or officer to conduct an investigation;
f) Manage the financial, human, and other resources of the Department;

2) Collaborate with other government agencies, the private sector, and civil society
organizations on the policies, programs, projects, and activities of the Department,
as may be necessary;

h) 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;

i) Represent the Philippines and articulate the national contribution to global.
regional, and other inter-governmental disaster risk reduction and humanitarian
platforms, in coordination with the Department of Foreign Affairs: and

j) Perform such other. functions as may be provided by law or assigned by the
President.

SECTION 10. The Undersecretaries. - The Secretary shall be assisted by at least four (4)

Undersecretaries, who shall be responsible for the following functional areas, including the
establishment of a robust and responsive ICT system to effectively support the mandate and
operations of the Department:

a) Disaster Risk Reduction ~ the formulation, adoption, and implementation of policies and
programs to reduce existing and future disaster risks to minimize loss and damage to lives
and properties, including the formulation of the required policies and programs in the NDRF
and relevant national investment plans;

b) Disaster Preparedness and Response ~ the implementation of projects and programs to prepare
and respond to disasters, including the enhancement of capabilities of local government units,
the development of a database of exposure or elements at risk per area and database of
volunteers, the establishment of safe and strategic evacuation centers, and the implementation
of responsive and efficient prepositioning and distribution of goods;

©) Recovery and Building Forward Better~ the formulation and implementation of rehabilitation
plans for disaster-affected areas and ensuring the implementation of disaster recovery and
rehabilitation measures, such as post-disaster shelters and livelihood projects, in collaboration
with relevant government agencies, local government units, and other stakeholders; and

d) Support to Operations ~ the formulation and implementation of policies, programs, projects,
and activities to ensure the efficient, effective. and responsive performance of the
Department’s mandate, powers, and functions. Support to operations includes knowledge
management, institutional development and planning, finance, administration, and human

resources management.


‘The Undersectetaries shall have operational control and supervision over the bureaus, divisions,
offices, and units assigned to their respective functional areas.

SECTION 11. The Assistant Secretaries and Directors.~The Department shall have such number
of Assistant Secretaries and Directors as may be necessary for the effective and efficient
implementation and performance of its mandate, powers, and functions.

SECTION 12. Qualifications, All the Undersecretaries, Assistant Secretaries, and other officials
of the Department shall preferably be specialists and have a good track record in any of the following
fields, as applicable to their mandated key result areas and functions: disaster risk reduction and
management, science and technology, environmental science or management, urban planning, civil
engineering, public finance, information and communications technology, logistics management,
mass communication, among other fields directly relevant to ensuring the country’s disaster
resilience.

‘The appointing authority and other responsible officials shall ensure that the Department's human
resources possess the competencies, skills, behavioral attributes, training and experience necessary
for them to become efficient, effective, and responsive in performing their functions and contribute
to the attainment of the overall goals and delivery of the intended outcomes of this Act.

SECTION 13. Structure and Staffing Pattern. The Department shall determine its organizational

structure and staffing pattern and create such services, divisions, and units, as it may require or deem
necessary, subject to the approval of the Department of Budget and Management.

SECTION 14. Regional Disaster Resilience Offices. — The Department shall establish and
maintain Regional Disaster Resilience Offices (RDROs) in each administrative region, to be headed
by a Regional Director. The Department shall create policies and programs to establish collaboration
and coordination among the different RDROs.

SECTION 15. Powers and Functions of RDROs. ~ The RDROs shall have the following powers
and functions:

a) Review the LDRPs and Provincial DRPs of LGUs within its jurisdiction, and require the

amendment of such LDRPs or Provincial DRPs if necessary, to ensure compliance with the
NDRF and relevant national investment plans;

b) Monitor and direct LDROs and PDROs to implement their respective LDRPs and PDRPs:

c) Recommend to the appropriate local legislative body the enactment of ordinances to
implement the LDRP, NDRF and relevant national investment plans at the city, municipal or
provincial level, and to comply with other requirements of this Act;

d) Review reports on the utilization of the LDRF and other disaster risk and management
resources of LGUs within its jurisdiction, and give recommendations, as necessary;

€) Disburse to, and monitor the use by, LGUs of funds granted by the Department pursuant to
this Act and its IRR:

2) Provide, upon the request of LGUs or unilaterally at its own discretion, assistance to LGU(s)

within its jurisdiction as necessary to ensure the implementation of LDRPs/Provincial


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LDRPs, NDRF and relevant national investment plans, and to render efficient and timely
disaster preparedness, response and recovery measures;

h) Identify and report to the Department issues and problems relating to, or affecting, the disaster
resilience of LGUs within its jurisdiction, and make recommendations to the Department
and/or to the LGUs to address such issues or problems;

j) Formulate and establish mechanisms to mobilize and direct LDROs and PDROs within its
jurisdiction as necessary for disaster preparedness and response at the regional level;

k) Establish and maintain, in coordination with the Department, a Regional Command and
Control Center (RCCC), which includes, among others, an information management system

at the regional level, which cons:

lidates and integrates information from the provinces, cities

and municipalities within its jurisdiction, a multi-hazard early warning and communications
system, and a monitoring system that enables the RDRO to oversee, supervise, monitor and
respond to the needs of LGUs within its jurisdiction in relation to disaster resilience activities:
1) Assist in the implementation, of rehabilitation plan(s) for LGUs within its coverage; and
m) Conduct other activities and act on other matters, in accordance with policies and procedures
of the Department and applicable laws, to achieve the purposes of this Act.

SECTION 16. Special Disaster Response Teams. The RDROs may organize and/or activate
Special Disaster Response Teams (SDRTs) to assist LGUs in responding to hazards and disasters that
are beyond their capacities, as deemed necessary.

SECTION 17. Local Disaster Resilience Offices. — The Local Disaster Risk Reduction
Management Offices in provinces, cities, and municipalities are hereby renamed as the Provincial,
City, and Municipal Disaster Resilience Offices, respectively, and shall collectively be called the
Local Disaster Resilience Offices (LDROs). Provincial, city, and municipal governments shall
establish their respective LDROs.

‘The Barangay Disaster Risk Reduction and Management Committees are hereby renamed as
the Barangay Disaster Resilience Committees (BDRC).

All Local Disaster Risk Reduction Management Councils are hereby abolished.

The LDROs shalll be under the control and supervision of the provincial governor or the city
or municipal mayor, as the case may be. The budgetary requirements for personal services,
maintenance and other operating expenditures, and capital outlay of the LDROs shall be sourced
from the General Fund of the local government units concerned; Provided, That, the personal services
limitations under Section 325(a) of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, shall not apply in relation to the creation and appointment of at least five
(5) positions in the LDROs.

Other maintenance and operating expenditures and the capital outlay requirements of
LDROs in the implementation of disaster risk reduction management and climate change adaptation

programs shall be charged to the Local Disaster Resilience Fund of local government units.


SECTION 18. Local Disaster Resilience Officer. The LDRO shall be headed by a full-time

Local Disaster Resilience Officer, who shall have a regular plantilla position and shall be appointed

by the local chief executive: Provided, That the qualifications standards pertaining to experience and

training set by the Civil Service Commission for the position may be waived by the Department in

exceptional cases upon the request of the local chief executive.

SECTION 19. Powers and Functions of City and Municipal Disaster Resilience Offices. —

The City and Municipal Disaster Resilience Offices shall have the following powers and functions:

a)

b)

a)

f)

8)

h)

i)

)

Formulate and implement, in coordination with the Department, a comprehensive and
integrated Local Disaster Resilience Plan in accordance with the NDRF and the relevant
national investment plans;

Design, program, coordinate, and implement disaster resilience activities consistent with
the standards and guidelines provided by the Department, and implement the NDRF and
the relevant national investment plans atthe city or municipal level;

Prepare and submit to the Sangguniang Panglungsod ot Sangguniang Bayan, as the case
may be, the LDRP, the proposed programming of the LDR Fund, other dedicated disaster

resilience resources, and other funds of the LDRO;

Recommend to the Sangguniang Panglungsod or Sangguniang Bayan, as the case may
be, the enactment of ordinances to implement the LDRP, NDRF, relevant national
investment plans, and the provisions of this Act;

Prepare and submit to the Department a report on the utilization of its Local Disaster
Resilience Fund and other disaster risk reduction and management resources;

Establish and maintain, in coordination with the Department, an information management
system within the LGU, which, among others, consolidates and includes local risk
information (such as natural hazards, profile of the LGU’s vulnerable or marginalized
groups), local risk maps, and a disaggregated database of human resource, equipment,
services, resources, directories, and location of critical infrastructures with their capacities
(such as hospitals and evacuation centers);

Operate and maintain, in coordination with the Department, a multi-hazard early warning
and communications system to provide accurate and timely information to the public:

Organize and conduct training and knowledge management activities on disaster

resilience at the local level, in coordination with the Disaster Research, Education, and
Training Institute;

Recommend to the local chief executive the procurement of emergency works, goods, and
services in compliance with the regulations, orders, and policies of DBM and GPPB, to
implement the LDRP or support early recovery and post-disaster activities;

Recommend, in coordination with the DOF and other relevant agencies, to the local chief
executive, access to foreign loans to finance projects, programs, and policies for disaster

preparedness, response, recovery, and rehabilitation, subject to terms and conditions


7

k)

i

agreed upon by the local government unit and the lender;
Monitor and mobilize instrumentalities and entities of the LGU and its partner LGUs,
CSOs, private sector, organized volunteers, and sectoral organizations for disaster
resilience activities, in accordance with policies and procedures of the Department and
applicable laws:

Coordinate and provide the necessary support or assistance to the Department in the
implementation of rehabilitation plans within the city or municipality covered by the
LDRO;

m) Coordinate with the Department, other government agencies, members of the private

n)

°)

sector and other stakeholders in the LGU to establish a Business Continuity Plan as part

of their LDRP’s disaster preparedness measures:
Establish linkage or network and coordination mechanisms with other LGUs and the
Department for disaster resilience activities and to achieve the purposes of this Act; and

Conduct other activities and act on other matters, in accordance with policies and

procedures of the Department and applicable laws, to achieve the purposes of this Act.

SECTION 20. Powers and Functions of the Provincial Disaster Resilience Offices. ~The

Provincial Disaster Resilience Offices shall have the following powers and functions:

a)

b)

1)

8)

Formulate and implement, in close coordination with the Department and the local
government units under the jurisdiction of the provincial government, a comprehensive
and integrated Provincial Disaster Resilience Plan in accordance with the NDRF:
Review the LDRPs of cities and municipalities within its jurisdiction, and require the
amendment of such LDRPS if necessary, to ensure compliance with the Provincial DRP
and the NDRF:

Design, program, coordinate, or implement disaster resilience activities consistent with
the standards and guidelines provided by the Department, and implement the NDRF and
the relevant national investment plans at the provincial level;

Prepare and submit to the Sangguniang Panlalawigan, the Provincial DRP, the proposed
programming of the province's Local Disaster Resilience Fund, other dedicated disaster
resilience resources, and other funding sources of the PDRO:

Recommend to the Sangguniang Panlalawigan the enactment of local ordinances to
implement the Provincial LDRP, NDRF and relevant national investment plans at the
provincial level, and to comply with other requirements of this Act;

Prepare and submit to the Department, a report on the utilization of the province’s Local
Disaster Resilience Fund ‘and other disaster risk reduction and management resources;
Establish and maintain, in coordination with the Department, a Provincial Command and
Control Center (PCC); which includes, among others, an information management
system at the provincial level, which consolidates and integrates information from the

cities and municipalities within its jurisdiction, a multi-hazard early warning and


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communications system that is connected with the cities and municipalities within its
jurisdiction, and a monitoring system that enables the PDRO to oversee, supervise,
monitor and respond to the needs of cities and municipalities within its jurisdiction in
relation to disaster resilience activities;

h) Recommend to the Provincial Governor the procurement of emergency works, goods, and
services in compliance with the regulations, orders, and policies of DBM and GPPB, to
implement the provincial LDRP or support early recovery and post-disaster activities of
the PDRO;

i) Recommend, in coordination with the DOF, to the Provincial Governor to access foreign
loans to finance its policies, programs, projects, and activities for disaster preparedness,
response, recovery, and rehabilitation, subject to terms and conditions agreed upon by the
Provincial Government and the lender:

j) Formulate and establish mechanisms to mobilize and direct LDROs within its jurisdiction
as necessary for disaster preparedness and response at the provincial level;

k) Coordinate and provide the necessary support or assistance to the Department in the
implementation of rehabilitation plan(s) within the cities and/or municipalities covered by
the PDRO; and

1) Conduct other activities and/or act on other matters, in accordance with policies and
procedures of the Department and applicable laws, to achieve the purposes of this Act.

SECTION 21. Service Continuity of the Department. To ensure service continuity, the

Department and its regional and attached offices shall be established in a reasonably resilient

location; and/or undertake the necessary interventions to make its offices and systems disaster-

resilient,
ARTICLE V
WHOLE-OF-GOVERNMENT AND WHOLE-OF-NATION
APPROACH
SECTION 22. Synergy with Stakeholders. ~The Department shall ensure seamless synergy

and coordination with stakeholders, including national government agencies, local government
units, government-owned or -controlled corporations (GOCCs), 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 mechanisms.

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

SECTION 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 closely engage the private sector, CSOs,


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13
4
15
16
7

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academe, and other non-government stakeholders and strengthen public-private collaboration

towards disaster resilience by way of the following interventions, among others:

a.

Implementation of business continuity practices to ensure the continued delivery of products

and services, in the event of disasters;

Crafting and implementation of a National Continuity Policy to ensure government service
continuity during and after emergencies and disasters, and ensure the quick return of

government to full operations;

Establishment, incorporation, and application of business continuity plans as part of the
LDRPs of LGUs;

Facilitation or assistance in obtaining and processing incentives for the private sector and

other non-government stakeholders, such as but not limited to tax credits;

Preparation and facilitation of the issuance of special rules for Micro, Small, and Medium
Enterprises (MSMEs) such as, but not limited to, mechanisms involving procurement and
liquidity to create enabling environments for disaster preparedness, recovery and building
forward better; and

Formulation of investment programs for disaster-affected areas in partnership with the

private business sector and civil society organizations.

The MSCU shall establish a platform that includes, among others, a database for monitoring

and coordinating efforts and resources of stakeholders.

SECTION 24. Roles and Responsibilitic

s of Stakeholders. — The commitment, goodwill,

knowledge, experience and resources of relevant stakeholders are critical to realize a safer,

adaptive, resilient and inclusive Filipino community. Citizens have the shared vision and duty to

provide support to the State in the implementation of policies and programs, particularly the

Disaster Resilience Framework and Disaster Resilience Plan at the national, regional and local

levels.

a) Civil society, non-governmental organizations, international non-governmental
organizations, private sector, practitioners, and volunteers shall participate, in
collaboration with public institutions, in the exchange of information, learnings, and
guidance on disaster resilience. The Department shall encourage and institutionalize
their engagement in the implementation of local, regional, national, and global plans
and strategies; enhance public awareness and promote a culture of disaster resilience:

b) The women, children, and youth, as agents of change, shall endeavor to contribute
actively and participate in disaster resilience trainings and information dissemination:

©) Senior citizens, and persons with disabilities shall contribute their knowledge and

experience on disaster preparedness and resilienc:

4) Indigenous peoples and Muslim Filipinos shall share their traditional knowledge and


4

practical experience on disaster resiliency;
©) Urban and rural poor, and migrants shall participate in building resilient resettlement
communities;

f) Emergency responders and volunteer organizations shall contribute to resilience by
promptly and efficiently responding to disasters and emergencies consistent with the policies of
the Research, Education and Training Institute of the Department;

2) Academia, scientific and research entities, and networks are encouraged to undertake
relevant research on disaster resiliency in partnership with the Department and other
stakeholders for better decision-making:

h) The private sector is encouraged to integrate disaster resiliency projects and programs
in their corporate social responsibility initiatives; and

i) The media shall provide prompt and accurate information to the public on early warning
systems, natural hazards, and disaster resilience activities of the Department.

SECTION 25. Disaster Resilience Assembly. The Department, with the assistance of RDROs,

shall establish and convene a Disaster Resilience Assembly (DRA), at the regional and national
level, which will be held on a semestral basis, or as frequently as necessary to ensure the proactive
engagement of the relevant government and non-government stakeholders, such as the Union of
Local Authorities of the Philippines (ULAP), League of Municipalities of the Philippines (LMP),
CSOs, academe, DRRM practitioners, the private sector, and the national government agencies,
among others, to ensure effective collaboration towards achieving the goals of this Act.

The LGUs may convene local DRAs within their jurisdictions, as necessary for the attainment
of disaster resilience at the local level.

SECTION 26. Inter-operability of Systems. The Department shall establish mechanisms to
ensure the inter-operability of systems among government agencies, and to allow access of agencies
to the IDRIS. It shall develop protocols to allow real-time access to information by government
agencies in relation to natural disasters and the implementation of disaster resilience measures.

SECTION 27. National orga silience Officers. There shall

be a national organization of all local disaster resilience officers for the primary purpose of:

tion of all Local Disaster R

a) Developing capacity, and exchanging knowledge, experiences, and best practices
concerning local government disaster resilience:

b) Fostering inter-operability of the local disaster resilience offices’ systems;

©) Facilitating inter-LGU cooperation and collaboration:

4) Providing inputs and feedback to the Department on resilience concerns at the local
level; and

¢) Enhancing synergy in other areas of common concern.

ARTICLE VI
MAINSTREAMING, INTEGRATION, AND CONVERGENCE,


Sowa anew

OF DISASTER RISK REDUCTION

SECTION 28. Integration of DRR and Climate Change Adaptation in the National
Disaster Resilience Framework and Disaster Resilience Plan. — The existing NDRRM Framework
and Plan, and the National Climate Change Strategic Framework and Plan shall be integrated and
harmonized into the NDRF and the NDRPIP. The NDRF and NDRPIP shall be reviewed and
updated every three (3) years.

SECTION 29. Ecosystem-Based Approach to Prevention and Mitigation, Rehabilitation
and Recovery from Disasters. ~ The Department shall ensure the application of ecosystems-based
approaches in disaster risk reduction, particularly through ecosystem management and restoration
as defined in this Act, and ensuring that environmental and natural resource policies are risk-

informed.

ARTICLE VIL
NATIONAL DISASTER OPERATIONS CENTER, ALTERNATIVE COMMAND
CENTER, AND RESEARCH AND TRAINING INSTITUTE

SECTION 30. National Disaster Operations Center. The Department shall establish, within
one (1) year from the approval of this Act, and act as the primary operator of, the National Disaster
Operations Center (NDOC), Alternative Command and Control Centers (ACCCs), and a Disaster
Resilience Research and Training Institute (DRRTI).

The NDOC is a physical center equipped with the necessary tools and systems to monitor,
manage, and respond to disasters in all areas of the country. The NDOC shall also provide the
necessary support for the overall coordination and implementation of emergency and disaster
response measures throughout the country.

The ACCCs are command centers established in other locations as an alternative or to
provide supplemental support to the NDOC. The number and location of ACCCs shall be determined
by the Department as may be necessary in each of the country’s major island groups. Temporary
ACCC may likewise be established by the Department, if necessary.

SECTION 31. DRRTI funciions and inter-agency knowledge sharing. The DRRTI shall be
a platform for providing training, and for collecting, consolidating, managing, analyzing, and/or

sharing knowledge and information to improve and/or enhance disaster resilience. The DRRTI shall:

a) Establish reliable and up-to-date Integrated Disaster Resilience Information System (IDRIS)
through close and seamless collaboration with the Department of Science and Technology
(DOST), Department of Information and Communications Technology (DICT), and other

appropriate agencies;


37
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b) Conduct disaster-related research programs, seminars, and trainings for all types of
stakeholders:

c) Consolidate, organize and/or prepare training materials and publications:

d) Conduct other activities consistent with promoting the formation and dissemination of
knowledge and information relating to disaster resilience and disaster management;

¢) Establish a database that includes relevant information from other government agencies and
third parties for the department to better prepare and respond to natural hazards including,
but not limited to, an inventory of hazardous materials per area; and

f) Consult and coordinate with, and consolidate information/data from, relevant government
agencies, such as, but not limited to, DOST, LGUs and relevant CSOs to enhance the IDRIS

and to promote knowledge sharing among all stakeholders.

Section 32. Compliance and accreditation of DRRTI with international standards. The
Department shall strive to obtain certification from, and accreditation by, international
accreditation bodies of the DRRTI to ensure DRRTI’s compliance with international standards.
The Department shall likewise ensure collaboration with key countries and international
organizations to incorporate best practices on disaster resilience in the Department's policies and

programs.

ARTICLE VI
INTEGRATION, MAINSTREAMING
DISASTER RESILIENCE INFORMATION,
EDUCATION AND COMMUNICATION CONVERGENCE
SECTION 33. Integrated, Disaster Resilience Information System (IDRIS) — The

Department shall establish a National and Regional Information Management System for Disaster
Resilience, which shall be a database of all relevant 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. The IDRIS shall be accessible at all times to the responsible officials and entities to enable
the timely, reliable, and accurate collection, processing, analysis, and dissemination of information
to support overall decision-making and effective coordination at both the national and sub-national
level. The protocols and procedures for this shall be defined in the IRR of this Act.

SECTION 34, Disaster Resilience Education and Training. ~

(a) To instill a culture of safety and security including emergency preparedness and disaster
resiliency, the Department, in partnership with the public and private sectors shall encourage the
inclusion of appropriate information on disaster resilience in their various training programs and
immersion activities.

(b) The IEC on disaster resilience shall be informative and holistic, gender, culture and


disability sensitive using various available platforms.

ARTICLE IX
DISASTER RISK TRANSFER, INSURANCE AND INCENTIVES

SECTION 35. Disaster Risk Transfer, Insurance and Social Welfare. ~

(a) The Department shall ovérsee all 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, in céllaboration with the DOF, BSP, LBP, GSIS, and the Insurance
Commission, shall create, establish, and implement, among others, disaster insurance pools,
revolving funds, insurance and risk-transfer schemes and/or facilities, and other financial disaster
resilience measures to ensure the protection of public and/or private properties and livelihood
against the adverse effects of natural disasters. For this purpose, the Department and/or DOF may
engage or require the participation of government banks, insurance agencies and financial
institutions.

(c) To attain disaster resilience and achieve the purposes of this Act, the Department
shall have the discretion and authority to require government agencies and GOCCs to insure their
assets and/or properties such as, among others, vessels, vehicles, equipment, machineries,
permanent buildings, properties stored therein, or properties in transit, against insurable risks and
pay the premiums therefor, to compensate the Government and/or GOCC, as applicable, for any
damage to, or loss of, properties due to a natural disaster.

(d) The Department shall erideavor the local government units to insure primary assets for
unforeseen or contingent potential losses, damages and disruption from natural hazards chargeable
against their respective Local Disaster Resilience Fund (LDRF).

SECTION 36. Recognition and Incentives. ~The Department, in partnership with the
private sector, shall establish an incentives program that recognizes outstanding performance of
LDRC, NGOs, CSOs, schools, hospitals, and other stakeholders in promoting and implementing
significant disaster risk reduction management-climate change adaptation programs and
innovations, and meritorious acts of individuals, groups or institutions during natural.

ARTICLE X
PREPAREDNESS AND INTEGRATED EARLY WARNING

SECTION 37. Standards for Disaster Preparedness Activities. —

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

(b) The LGUs shall identify safe and strategic sites, and establish evacuation centers

with appropriate and adequate facilities in accordance with government-approved standards as


provided under Republic Act No. 10821, otherwise known as “The Children's Emergency Relief
Protection Act”, to avoid disruption of school classes and lessen the use of schoo! buildings and
facilities as evacuation centers.

The LGUs shall immediately compensate said schools used as evacuation centers. The
schools may seek compensation for renovation, replacement, or repair of damaged facilities for
such use.

SECTION 38. Multi-Hazard Early Warning and Risk Communication Standards. —

(a) There shall be a streamlined policy governing early warning systems and risk
communication protocols to ensure effective and efficient measures to prepare for, respond to and
recover from potential risks and disasters.

(b) The Department shall formulate and implement multi-hazard early warning protocols
integrating all disaster preparedness systems in collaboration with local executives, community-
based organizations, civil society organizations, and other non-governmental organizations for
proper use and application.

SECTION 39. Early Warning Mandate. —

(a) The Department shall issue an integrated early waming alert for the impending occurence of hazards
that will enable the public to prepare timely and act appropriately to minimize potential harm or loss.

(b) The Department shall require mobile phone service providers to send out alerts at regular intervals in the
event of an impending natural hazard, in accordance with Republic Act No, 10639, otherwise known as the “Free
Mobile Disaster Alerts Act”.

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

(@ Any person who transmits early warning concerning the above-mentioned phenomena
by means of signs in designs, colors, lights, or sound shall do so in compliance with the methods
recognized or approved by the Department.

(© The Department at the national and local level shall use an integrated early warming
system to ensure it is consistent and locally contextualized with the communication protocol and
safe evacuation procedure of the affected communities.

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

(@ The Department shall recognize and proactively support local or indigenous modes of
early warning systems and allow open access to near real-time data from both local and
international sources made available through various platforms such as websites, mobile apps, and

social media to empower local communities and individuals.


SowivrdsH eon

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7

ARTICLE XI
DISASTER RESPONSE AND EARLY RECOVERY

SECTION 40. 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 Department.

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 through the Department, the LDRO may seek from
the local legislative body or Sanggunian, the declaration of a state of imminent disaster to enable
the local executives to implement pre-emptive evacuation and precautionary measures to save lives
and minimize damage to property, loss and disruption of livelihood that require the use of funds
and resources under the LDRF.

SECTION 41. Levels of Responsibility for Disaster Preparedness and Response. ~ The

primary responsibility for disaster preparedness and response shall be exercised at the local or
national level, as applicable, in close and seamless collaboration with the relevant national
government instrumentalities, non-government stakeholders, and international partners. The four

levels of responsibility and the conditions that warrant each are as follows:

LEVELS OF RESPONSIBLE
RESPONSIBILITY OFFICIALS CONDITIONS
Level 1: City or Municipality | Lead Official: TFa disaster affects a single

Mayor of the affected city or
municipality

‘Support:
City or Municipal Disaster
Resilience Officer

city or municipality

Level 2: Province

Lead Official:
Provincial Governor of the
affected province

Support:
Provincial Disaster Resilience

Officer

Municipal and/or City Mayors
concerned

Municipal and/or City
Disaster Resilience Officers
concerned

Ifa disaster affects two or
more municipalities or cities
within a province

Level 3: Region

Lead Official:
Regional Director, DDR

Support:
Governors of affected
provinces

Ifa disaster affects two or
more provinces within a
region (except for the
National Capital Region)



LEVELS OF RESPONSIBLE

RESPONSIBILITY OFFICIALS CONDITIONS:

Concemed Provincial Disaster
Resilience Officers
Lead Official: a. Ifa disaster affects at

Level 4: National Secretary of Disaster least two (2) regions;
Resilience (SDR)

b. When the LGU is unable

Support: to effectively cope with
Governors concerned the risk and/or impact of a

hazard; or
Disaster Resilience Officers
concerned c. When the President
directs a Level 4 response
or declares a state of
calamity.

SECTION 42. Disaster Preparedness and Response in the NCR. When at least two cities
and/or municipality in the NCR are affected, the SDR shall be responsible for leading the disaster
preparedness and response efforts, in collaboration with the affected LGUs, the MMDA, and the
concerned government instrumentalities and non-government stakeholders.

SECTION 43. Inter-Local Government A:

stance. LGUs are hereby authorized to extend the

necessary assistance to another LGU, whether through funding or donation of goods and servic:

and conducting disaster preparedness and response operations, to help save lives and minimize
damage to property. These include the pre-positioning and provision of basic goods, training of first
responders, among others, subject to the accounting and auditing rules to be defined in the IRR of
this Act.

SECTION 44. Accreditation, Mobilization, and Protection of Disaster Volunteers and
National Service Reserve Corps. CSOs and the Private Sector. ~ The government agencies, CSOs,
private sector and LGUs may mobilize individuals or organized volunteers to augment their
respective personnel complement and logistical requirements in the delivery of disaster risk
reduction programs and activities. The agencies, CSOs, private sector, and LGUs concerned shall
take full responsibility for the enhancement, welfare and protection of volunteers, and shall submit
the list of volunteers to the Department, through the LDROs, for accreditation and inclusion in the

database of community disaster volunteers.

A national roster of 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 mobili:

guidelines to be formulated by the Department. Any volunteer who incurs death or injury while

ition of volunteers shall be in accordance with this Act and implementing

engaged in any of the activities defined under this Act shall be entitled to compensatory benefits and


individual personnel accident insurance as may be defined in the IRR.
SECTION 45. Reporting of Humanitarian Assistance. — The concerned local government
unit shall submit a report to the Department, taking into account all domestic or international

humanitarian assistance received and distributed within its area of responsi

ARTICLE XII
HUMANITARIAN ASSISTANCE
SECTION 46. Management of Humanitarian Assistance.
(a) The Department shall have the power to receive and manage humanitarian assistance from
any person or entity, whether from local or international sources.
(b) The importation by, and humanitarian assistance to, the Department of, among others,

food, clothing, medical assistance, equipment, and materials for relief, recovery and other disaster

management activities are hereby authorized in accordance with Section 105 of the Tariff and
Customs Code of the Philippines, 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.

SECTION 47. International Humanitarian Assistance. The Department shall promulgate
guidelines on international humanitarian assistance, including the initiation, entry, facilitation,
transit, regulation and termination thereof, as well as those involving international disaster relief and
personnel assisting international actors, visa waiver, recognition of foreign professional

qualifications, entry of international disaster goods and equipment, and exemption from port duties,

taxes, and restri
SECTION 48. Ass

ions.

ment of the Need for International Humanitarian Assistance. ~

(a) Immediately after the declaration of a state of calamity by the local Sanggunian of the
relevant local government unit or by the Department, as the case may be, the Department
shall determine 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, at the discretion of the President, prior to the onset of an imminent disaster.

(b) In the event of a determination by the Department 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.

SECTION 49. Humanitarian Assistance Action Center. — The Department shall create an
inter-agency one-stop shop mechanism called the Humanitarian Assistance Action Center (HAAC)

for the processing and release of entry and facilitation of goods, articles or equipment and services


and international relief workers for the provision of international humanitarian assistance and the
processing of necessary documents for assisting international actors.
The Department shall lead and manage the HAAC, which shall be composed of the

following:

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

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

(e) Food and Drug Administration;

(1) Department of Agriculture;

(g) Department of Energy;

(h) Department of National Defense;

(i) Philippine National Police:

() Philippine Coast Guard; and

(k) Bureau of Immigration.

SECTION 50. Request for International Humanitarian Assistance. —
(a) In cognizance of the urgency, criticality and intensity of an imminent risk, the Department
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.

(b) The President may request international humanitarian assistance, upon the advice of the
Secretary. Such request may be specifically directed to particular assisting international actors or
may be a general request directed to the international community.

SECTION 51. Regulation of Humanitarian Assistance. —

(a) The Department shall ensure the efficient and effective monitoring of humanitarian assistance
from domestic or international donors, establish and operate a platform, including an online platform,
to facilitate, and provide public access to information on donations.

(b) The Department shall include in the IRR of this Act guidelines and accountabilities on the
receipt, management, distribution, accounting, and reporting of all humanitarian assistance, whether
in cash or in kind, consistent with the rules on the use of foreign and local aid during calamities and

disasters issued by the COA and other relevant government agencies.

ARTICLE XII
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES.

SECTION 52. 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


31

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34
35
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assistance is required, the Department, in coordination with the DFA, may offer, facilitate, provide.

and deploy international humanitarian assistance to said foreign state, which shall be subject to

guidelines to be promulgated by the Department for the purpose.

SECTION 53. 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.

ARTICLE XIV
RECOVERY
SECTION 54. Standards for Recovery. — The Department shall observe internationally

accepted standards for recovery, planning, programming and implementation of the recovery

process. Towards this end, the Department shal

a)

b)

°)

4d)
e)

Dy}

8)

h)

Improve the community's physical, social and economic resilience, consistent with the
principle of “building forward better”;

Use locally-driven, centrally-supported processes based on legal mandates with
supplementary capacity support when requested;

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

Employ outcome-driven planning and implementation;

Maximize use of Private-Public sector partnership where possible:

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

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

Ensure restoration of peace and order and recovery of government functions.

ARTICLE XV
REMEDIAL MEASURES UNDER STATE OF CALAMITY
SECTION 55. Declaration of State of Calamity. A state of calamity may be declared when

any of the following requisites are present:

a. A natural hazard, including climate change, poses imminent threat to human life and
danger to property; or
b. A significant impact is caused by a natural hazard or climate change, which demands

immediate action.

The following shall exercise this power, respectively:

a. The President, upon recommendation of the SDR, whether in whole or part of an area;


1 b. The SDR, upon recommendation of the RDRO, for disasters covering two or more

provinces of the same region; and
c. The local Sanggunian, upon recommendation of the concerned local disaster resilience

office, within its jurisdiction.
SECTION 56. Remedial Measures under State of Calamity. ~ Upon the declaration of a

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7 state of calamity, the following remedial measures shall be immediately undertaken by concerned
8 government agencies at the national and local levels:

9 a) Imposition of price ceiling on basic necessities and prime commodities by the Price
0 Coordinating Council (PCC), as provided for under Republic Act no. 7581, otherwise

" known as the “Price Act”, as amended;

2 b) Monitoring, prevention and control by the Local Price Coordination Council of
13 overpricing or profiteering and hoarding of prime commodities, medicines and
4 petroleum products;

15 ©) Programming or reprogramming of funds for the repair of critical facilities or public
16 infrastructure that are vital for the quick delivery of humanitarian assistance, to reduce
7 further threat to lives and arrest further deterioration of properties and loss of livelihoods
18 in the affected communities, following the “build forward better” principle;

19 d) Grant of no-interest loans by government financing or lending institutions to the most
20 vulnerable and marginalized groups or individuals;

21 e) Local tax exemptions, incentives or reliefs under such terms and conditions as may be
2 deemed necessary by the affected local government unit; and

23 1) Use of alternative modes of procurement under Article XVI of this Act, by the
4 Department, LGUs or the relevant government instrumentalities in relation to the urgent
25 procurement of emergency works, goods or services to effectively respond to, quickly
26 recover from disasters, and build forward better.

27

28 ARTICLE XVI

29 PROCUREMENT

30 SECTION 57. Procurement. In general, the procurement rules provided under Republic Act

31 No. 9184, otherwise known as the “Government Procurement Reform Act”, shall apply. However,
32 alternative modes of procurement as provided in this Act may be resorted to by the Department,
33. RDROs, or LGUs in any of the following emergency situations:

34 a) There is imminent danger to life or property during a state of calamity, as provided under this
35 Act, and the procurement is necessary to avert or reduce such danger to life or property; or
36 b) The procurement is necessary to restore vital public services, infrastructure facilities and other

37 public utilities; or


nv

Sowers ee

4

c) Time is of the essence in implementing a project, program or activity to effectively respond
toa disaster and save lives; or

4) There are other circumstances that require immediate procurement necessary to prevent
damage to or loss of life or property.

SECTION 58. Alternative Modes of Procurement. During emergency situations as provided
under this Act, the Department, RDROs or LGUs may resort to the following modes of procurement:

a) Direct negotiation under Republic Act No. 9184, otherwise known as the “Government
Procurement Reform Act”, and its implementing rules and regulations;

b) Simplified or pre-arranged contracts such as, among others, pre-signed agreements, stand-
by contracts, pre-arranged systems of procurement with a pre-approved list of contractors
for construction projects, pre-negotiated contracts, advanced procurements contracts, and
framework contracts. The parameters, requirements and conditions for these types of
contracts shall be defined in this Act’s IRR.

SECTION 59. Special Rules on Procurement for Reconstruction and Rehabilitation of
Affected Areas. ~ (a) The Department, with the assistance of, or in collaboration with, relevant
government agencies, shall create special rules on procurement for services, goods, and materials to
be used for reconstruction and rehabilitation efforts in case of a natural disaster, including but not
limited to, the construction of post-disaster shelters and provision of service contracts, to ensure the
procurement of quality-oriented goods, materials, and equipment and to guarantee effective, efficient,
and speedy procurement to achieve the goals of this act.

(b) In case of procurement of services, goods, or materials for reconstruction and
rehabilitation efforts, whether from local or international sources, the Department and the relevant
government agencies shall provide less bureaucratic restrictions, more flexible procurement policies,
or exemption from, or reduction of, customs duties.

SECTION 60. Procurement from Qualified Suppliers or Contractors. ~ As an exception to
the provisions of Republic Act No. 9184, otherwise known as the “Government Procurement Reform
Act’, and its implementing rules and regulations, the Department shall have the power to procure
goods and services from either local or foreign suppliers or contractors for purposes of implementing
programs, projects, and activities related to disaster resilience and disaster management. The
conditions, limitations, application processes, eligibility requirements and assessment criteria for
local and foreign suppliers and contractors shall be provided in this Act’s IRR.

SECTION 61. Pre-Arranged Contracts or Agreements with Private Sector Entities. ~
Notwithstanding Republic Act No. 9184, otherwise known as the “Government Procurement Reform
Act”, the Department shall have authority to enter into pre-arranged or contingency contracts or
agreements with private sector entities for the purpose of, among others, establishing, a logistics
system for the efficient and prompt distribution of goods, equipment or other materials required for
disaster response and management; securing food, medicines, fuel, or other supplies from groceries,

pharmacies, gas stations or other sources in the event of a disaster in a specific area; ensuring an


alternative source of power or water from private utilities in the event of a disaster in a specific area;
or other arranging the immediate supply of other goods, services or equipment necessary for disaster
response and management. The conditions, limitations and parameters of contracts or arrangements
authorized under this Section shall be provided in this Act’s IRR.

SECTION 62. Other Procurement Rules and Policies. — In view of the urgency and avoid
unnecessary delays to procure goods, services, and implement projects for the purpose of providing
responsive, effective, and efficient rescue, recovery, relief, and rehabilitation efforts for, and to
continue the provision of basic services to, disaster victims or disaster-affected areas, the DBM and
GPPB shall issue appropriate resolutions, orders, and policies to effectively implement the provisions

of this Act.

SECTION 63. Government Accounting and Auditing Policies. ‘The COA shall review, align,
and issue policies or rules to improve the efficiency and expediency of procurement and audit

processes for programs and projects related to disaster resilience and management.

ARTICLE XVII
SPECIAL RULES ON BORROWINGS AND TAXES
SECTION 64. Rules on Borrowing. The LGUs shall access foreign financing, through the
DOF, Bangko Sentral ng Pilipinas (BSP), and other relevant agencies, as applicable, to implement

disaster prevention, mitigation, carly recovery, and rehabilitation measures at the provincial, ci

municipal level.

SECTION 65. Special Rules on Tax and Duties. To facilitate prompt, efficient and effective
response to, recovery from disasters, and building forward better in disaster-affected areas, the

following shall be granted special exemptions from existing taxation laws, rules, and regulations:

a. Exemption from taxes and import duties for foreign disaster assistance or international
donations coursed through the Department;

b. Exemption from donor's tax and allowing the treatment of donations as a deductible expense
for local disaster assistance coursed through the Department;

cc. Exemption from the Value Added Tax (VAT) for goods or services donated from abroad as
coursed through the Department;

d. Tax incentives to encourage members of the private sector to render aid ot provide disaster

assistance, and/or to invest in disaster resilience and climate change adaptation and mitigation

measures for their residences, communities and/or businesses.


LGUs may also implement local tax rules that would grant disaster victims reasonable
reduction, exemption, or deferment of local taxes or other types of tax assessments; or take other

necessary action at the local level to provide tax relief to disaster victims.

SECTION 66. Custom Duties and Tariffs on Donations. The BOC shall create rules that
would, among others, hasten the processing and release of donated goods and equipment to disaster

victims and/or affected areas.

SECTION 67. Economic Recovery and Development of Disaster-Prone Areas. The
Department, in coordination with the Department of Trade and Industry (DTI) and other relevant
agencies, shall craft policies, and implement the necessary programs and projects to stimulate
economic activities and encourage investments to assist disaster-affected areas develop or recover

faster, as applicable.

‘The Department, in collaboration with the relevant LGUs and other stakeholders, shall
likewise establish dual purpose structures in disaster-affected areas, such as, among others,
community agricultural centers, classrooms, and water harvesting tanks to develop and promote

investments in disaster-prone or affected areas.

ARTICLE XVIII
PROHIBITED ACTS AND PENALTIES
SECTION 68. Prohibited Acts. ~ Any public official, private person, group or corporation
who commits any of the following prohibited acts shall be held liable and be subjected to the
criminal and administrative penalties as provided for in Section 71 of this Act, without prejudice

to the imposition of other criminal,
4) Prohibited Act

public officials without justifiable cause, shall be considered as gross neglect of duty:

il and administrative liabilities under existing laws.

of Public Officials. ~ The following acts, if committed by

(1) Dereliction of duties that leads to destruction, loss of lives, critical damage of
facilities and misuse of funds;
(2) Failure to enforce laws, standards, or regulations such as the National Building Code,

Solid Waste Management Act, Water Code, and other relevant laws, leading to

destruction, loss of lives, and/or critical damage of faci

(3) Failure to create a functional LDR Office within six (6) months from the approval of
this Act;

(4) Failure to appoint a permanent local disaster resilience officer within six (6) months
from approval of this Act:

(5) Failure to prepare and implement a Contingency and Adaptation Plan for hazards


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frequently occurring within their jurisdictions;
(6) Failure to formulate and implement the LDRP with the corresponding budget
allocation; and
(7) Sexual exploitation and abuse and other forms of sexual misconduct on the affected
population or at-risk communities.
b) Prohibited Acts of Public Officials and Private Persons or Institutions. ~

(1) Delay, without justifiable cause in the delivery, proper handling or storage of aid
commodities, resulting to damage or spoilage:

(2) Withholding the distribution of relief goods due to (ji) political or partisan
considerations; (ii) discrimination based on race, ethnicity, religion, or gender; and
(iii) 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;

(4) Buying, for consumption or resale, from disaster relief agencies any relief goods,
equipment or other and commodities, which are intended for distribution to disaster-
affected communities:

(5) Buying, for consumption or resale, from the recipient disaster-affected persons any
relief goods, equipment or other aid commodities received by them;

(6) Selling of relief goods, equipment or other aid commodities, which are intended for
distribution to disaster victims;

(7) Forcibly seizing relief goods, equipment or other aid commodities intended for or
consigned to a specific group of victims or relief agency;

(8) Diverting or misdelivery of relief goods, equipment or other aid commodities 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 him or her;

(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, person, or

persons; and

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Making false verbal claim that the goods, equipment or other and commodity in
its untampered original containers actually came from another agency or persons

or was released upon the instance of a particular agency, person, or persons;


1 (11) Substituting or replacing relief goods, equipment or other aid commodities with the

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same items or inferior/cheaper quality;

3 (12) Illegal solicitations by persons or organizations representing others as defined in the
4 standards and guidelines set by the Department;

5 (13) Deliberate use of false or inflated data in support of the request for funding, relief
6 goods, equipment or other aid commodities for emergency assistance or livelihood
7 projects;

8 (14) Stealing, taking, or processing of any of the equipment, accessories and other vital
9 facility or items or any part thereof:

10 (15) Selling or buying stolen equipment, accessories, and other vital facility items or any
MW part thereof;

12 (16) Tampering with or stealing hazard monitoring and disaster preparedness equipment
13 and paraphernalia;

14 (17) Attempting to commit any of the above-mentioned prohibited acts; and

1s (18) Benefiting from the proceeds or fruits of any of the above-mentioned prohibited
16 acts knowing that the proceeds or fruits are derived from the commission of said
"7 prohibited acts.

18 SECTION 69. Penalties. ~ Any individual, corporation, partnership, association or other

19 juridical entity that commits any of the prohibited acts in the preceding section shall be made liable

20 for the following:

21 (a) The penalty of imprisonment of not less than twelve (12) years but not more than fifteen
2 (15) years or a fine of not less than One Million Pesos (Php1,000,000.00) but not more
23 than Three Million Pesos (Php3,000,000.00), or both imprisonment and fine at the
24 discretion of the court shall be imposed upon any person found guilty of violating
25 subsections (a)(1) to (b)(18) of the preceding section, as well as the confiscation or
26 forfeiture in favor of the government of the objects and the instrumentalities used in the
27 commission of the prohibited acts;

28 (b) The penalty of imprisonment of not less than six (6) years but not more than eight (8)
29 years or a fine of not less than Five Hundred Thousand Pesos (Php 500,000.00) but not
30 more than One Million Pesos (Php 1,000.000.00), or both imprisonment and fine at the
31 discretion of the court, shall be imposed upon any person who attempts to commit any
32 of the prohibited acts in the preceding Section, in violation of Subsection (b)(17) thereof;
33 (c) The penalty of imprisonment of not less than two (2) years but not more than six (6)
34 years or a fine of not less than Two Hundred Thousand Pesos (Php 200,000.00) but not
35 more than Five Hundred Thousand Pesos (Php 500,000.00), or both imprisonment and
36 fine at the discretion of the court, shall be imposed upon any person found guilty of
37 unlawfully benefiting from the proceeds or fruits of any of the prohibited in the

38 preceding section, in violation of subsection (b)(18) thereof


(d) Aside from the penalty of fine or imprisonment or both, perpetual disqualification from
public office shall be imposed if the offender is a public officer, and confiscation or

forfeiture in favor of the government of the objects and the instrumentalities used in the

commission of any of the prohibited in the preceding section;

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

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

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

imposition of applicable administrative or civil liabilities.

SECTION 70, Liability for Unlawful Performance of Duties and State Liability in case of
Defense Litigation. In case a lawsuit is filed against any personnel of the Department as a result of
the performance of his or her duties, and such performance was found to be lawful, he or she shall
be reimbursed by the Department for reasonable costs of litigation. For this purpose, the
Department is authorized to procure applicable liability insurance for its officers and employees.

SECTION 71. Disciplinary powers of the President. The President, subject to the
recommendation of the Department Secretary and the Department of the Interior and Local
Government (DILG), shall have the power to impose administrative sanctions against local chief
executives and barangay officials for willful or negligent acts that relate to the implementation of,
or compliance with, this Act and its IRR or relating to their official functions, which adversely
affect disaster resilience projects such as, but not limited to, delayed issuance of permits or failure

to implement local ordinances.

ARTICLE XIX
DISASTER RESILIENCE FUND
SECTION 72. Appropriations and Management of Disaster Resilience Fund. The budget of
the Department shall be composed of the following, which shall be collectively called the Disaster


Resilience Fund:

a. Annual General Appropriations ~ shall provide the funding requirements for, among others.
research, operations, maintenance, plans, and programs of the Department of Disaster
Resilience, including, but not limited to, establishment of evacuation centers, retrofitting of
structures, establishment of emergency operating centers, and implementation of other
disaster risk reduction projects.

b. Disaster Contingency Fund — shall be in a lump-sum form to provide funds in case of
imminent hazards or actual disasters for, among others, immediate response, relief and
quick recovery measures for disaster-affected areas.

c. Rehabilitation and Recovery Fund — shall provide the funding requirements for
rehabilitation and reconstruction projects of disaster-affected areas such as public
classrooms, government buildings, public hospitals, permanent shelters and livelihood

programs.

The Disaster Resilience Fund shall be managed by the Department to finance its operations,
and disaster risk reduction, disaster preparedness, response, recovery, rehabilitation, and building

forward better programs, projects and activities formulated at the national level.

SECTION 73. Continuing Appropriations. The unutilized balances from the Disaster
Contingency Fund, and Rehabilitation and Recovery Fund shall be treated as Continuing
Appropriations, which may be used to finance the cost of projects, programs, and activities even
when such costs are incurred beyond the fiscal year of the GAA from which such funds were

appropriated.

SECTION 74. Fund Regulations. The DBM and COA shall establish rules and regulations
that apply specifically to the Disaster Resilience Fund to ensure that funds required for disaster
response, recovery, and rehabilitation are available and/or released efficiently and expeditiously
through innovative budgeting and auditing mechanisms, which may include, among others, providing
for longer validity periods for funds or exemption from cash-based budgeting rules; imposing
auditing or reporting requirements, which apply specifically to the utilization of the Disaster

Resilience Fund.

SECTION 75. Local Disaster Resilience Fund and Local Disaster Contingency Fund. LGUs
shall annually set aside not less than ten percent (10%) of their local budget, to constitute a Local
Disaster Resilience Fund (LDRF). The LGU shall use its LDRF to maintain and operate its local
disaster resilience office to maintain its officers, employees and staff, and to implement plans,
programs and activities under its LDRP. Thirty percent (30%) of the LDRF shall be set aside as
Local Disaster Contingency Fund (LDCF), which shall be used for disaster response and quick


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recovery measures. Nothing contained in this Act shall prevent LGUs from providing additional
funding or allocating additional resources for disaster resilience activities, plans and programs within

their jurisdiction.

SECTION 76. Supplemental LDRF. The Department may allocate and disburse funds to
supplement an LGU’s LDRF based on the parameters and requirements indicated in the IRR. In
determining such parameters and requirements, the IRR shall aim to provide supplemental funds to
LGUs with low income and/or high exposure to natural hazards. Supplemental LDREFs shall, as much
as possible, fill gaps or shortages in LGU resources to ensure that LGUs can implement disaster
resilience measures such as, among others, implementing their LDRP/Provincial LDRP, establishing
their local disaster resilience offices, obtaining and/or maintaining the necessary equipment and staff

in their local disaster resilience offices, and implementing the NDRF and NDRPIP at the local levels.

SECTION 77. People’s Survival Fund. The Department shall manage and administer the
People’s Survival Fund, created under Republic Act no. 10174, and facilitate its utilization by LGUs,
through RDROs, to implement climate change adaptation and mitigation projects of LGUs and

enhance the climate resilience of vulnerable communities.

SECTION 78. Multi-Donor Trust Fund. The Department shall create and manage, together with
the Bureau of Treasury, a Multi-Donor Trust Fund for the processing, releasing and accounting of
money and other similar resources intended for disaster assistance. The Department shall establish a

system to ensure transparency in the management and use of the Multi-Donor Trust Fund.

SECTION 79. Financial Administration. The Department shall manage all funds appropriated
to it by Congress and received from other sources. The Department shall also manage all donations
received by it, subject to the auditing powers of the COA.

To fund its operations, the Department shall have the power to collect fees derived from the

DRRTI and other related activities.

ARTICLE XX
SPECIAL COURTS AND INJUNCTIONS,
SECTION 80. Special Courts on Disaster Resilience Matters. To ensure the prompt and
expeditious resolution of disputes relating to disaster response, recovery or rehabilitation measures,
the Supreme Court shall designate special courts to hear, try, and decide cases arising from the

following, among others:

(a) Expropriation, eminent domain or right-of-way issues related to the implementation of


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disaster resilience projects;

(b) Failure to comply with standards for disaster risk reduction and continuity planning.
including, but not limited to, infrastructure standards and designs:

(c) Commission of prohibited acts under Article XVIII of this Act; and

(d) Disputes involving donations, relief goods, or contracts executed or implemented

pursuant to the provisions of this Act.

SECTION 81. Dispute Resolution Mechanisms. The Department shall establish a Disaster

Resolution Board, which shall resolve disputes involving administrative matters related to:

(a) Accreditation or denial of accreditation of disaster resilience training institutions, trainers,
instructors, donors, volunteers, and Assisting Domestic or International Actors;

(b) Decisions of the RDROs;

(c) Contracts entered into by the Department or any of its agents pursuant to the provisions
of this Act; and

(d) Other administrative matters or issues as may be determined by the Department.

The composition, structure, and other organizational matters related to the DRB shall be

defined and provided in this Act’s IRR.

SECTION 82. Imposition of Temporary Restraining Order. No Court, except the Supreme
Court, shall have the power to issue an injunction or a temporary restraining order against any action

taken or projects implemented by the Department or its agents pursuant to this Act.

ARTICLE XXI
FINAL PROVISIONS

TION 83. Transfer of Functions. The following are hereby transferred to the Department:

All the functions of the Climate Change Commission (CCC);
b. Natural disaster-related functions of the National Disaster Risk Reduction and
Management Council (NDRRMC) and the Office of Civil Defense (OCD); and
c. Natural disaster-response functions of the Department of Social Welfare and
Development (DSWD).
Accordingly, the CCC and NDRRMC are hereby abolished.

The DILG, DND, DSWD, and other relevant government instrumentalities, including the
AFP, BFP, PNP, PCG, and OCD, shall continue to perform their functions related to the

management of human-induced disasters, as provided for by existing laws.


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SECTION 84. Transfer of Resources. The transfer of powers and functions listed above shall
include the corresponding funds and appropriations, plantilla positions, data, records, equipment,
facilities, properties and other resources of the concerned government instrumentalities. The
Department shall have the power to reorganize or reallocate these resources and positions, as may

be necessary to attain the goals and objectives of this Act.

SECTION 85. Program Management Office for the Earthquake Resiliency of the Greater
Metro Manila Area. The Program Management Office for the Earthquake Resiliency of the Greater
Metro Manila Area (PMO-ERG), as created pursuant to, and mandated by Executive Order no. 52,
s. 2018, shall be attached to the Department and be authorized to implement earthquake resiliency
programs, projects, and activities, as it may deem necessary to carry out its mandate and attain its
overall goals. The Head of the PMO-ERG shall report directly to the SDR.

SECTION 86. Post-Disaster Shelters. The Department shall establish a post-disaster shelter
recovery policy framework for low-income/informal settler families, with the assistance of the
appropriate housing agencies and the applicable LGUs. It shall determine, among others, the
appropriate shelter modalities depending on the following phases: emergency, temporary or

transitional, and permanent. The Department shall likewise identify, assess, and decide on safe zones

for the implementation of recovery or rehabilitation projects.

SECTION 87. Cultural Heritage. To protect, preserve, and promote the nation’s historical
and cultural heritage, the Department shall assist the relevant cultural and heritage agencies and the
appropriate LGUs to give priority protection and restoration to all national cultural treasures or
national historical landmarks, sites, or monuments in post-disaster recovery or rehabilitation

measures.

SECTION 88. Indigenous People. The Department, with the assistance of the National
Commission on Indigenous Peoples (NCIP) and the applicable LGUs, shall devise and implement
mechanisms that foster social protection for indigenous communities that are vulnerable to the

effects of natural disasters.

‘The Department shall ensure respect for, and protection of, the traditional resource right of
the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains, and
recognize the customary laws and traditional resource use and management, knowledge, and
practices in ancestral domains.

In ancestral domains that are disaster-prone, the Department, with the assistance of the NCIP
and applicable LGUs, shall create an Ancestral Domain Disaster Management and Resiliency Plan.
It shall likewise properly communicate and explain information on disaster risks in ancestral
domains with the concerned ICCs/IPs and, as much as possible, engage such ICCs/IPs in jointly

formulating a disaster resiliency plan for their ancestral domain.

SECTION 89. Incentives Program. The Department shall establish an incentives program that


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recognizes the outstanding promotion and implementation by local disaster resilience offices, CSOs,
academe, and other institutions of disaster resilience programs and projects, and the meritorious acts
of individuals or entities during natural disasters.

SECTION 90. Structural audit of government buildings and critical infrastructure. The
Department shall be assisted by the DPWH, DOTr, Department of Energy (DOE), DOH, DepEd,
DICT, DILG, local building officials, and other relevant government instrumentalities and
stakeholders, in ensuring the effective and expeditious conduct of structural audit, as often as
necessary, on government buildings, critical infrastructure, and private structures to attain the
disaster risk reduction goals of this Act.

SECTION 91. Transitory Provision. The functions, assets, funds, equipment, properties,
transactions, and personnel of the affected and transferred agencies, and the formulation of the
internal organic structure, staffing pattern, operating system, and revised budget of the Department,
shall be completed within one (1) year from the effectivity of this Act, during which time the existing
personnel shall continue to assume their posts on holdover capacity. The Department, in
collaboration with the DBM, shall come up with its Organizational Structure and Staffing Pattern,
both of which shall be approved within thirty (30) days from the effectivity of this Act.

The Secretary of National Defense shall serve as the interim SDR until such time that the
SDR has been appointed and taken the oath of office. Upon assumption to duty, the SDR shall make
use of the existing structure, systems, and personnel in responding to natural hazards and disasters
within the transition period.

In accordance with Section 12 of this Act and the critical importance of attracting the most
competent and dedicated personnel to the Department, suitable and qualified career personnel from
the NDRRMC-OCD, DSWD, and the CCC, as defined by the CSC and other pertinent rules, may
be absorbed by the Department. The system and mechanics for this shall be defined in the IRR of
this Act.

SECTION 92. Magna Carta Benefits. — Qualified employees of the Department, including
those of its attached agencies, shall be covered by and entitled to the benefits under Republic Act
No. 8439, otherwise known as the Magna Carta for Scientists, Engineers, Researchers and other $
& T Personnel in the Government, and Republic Act No. 7305, otherwise known as the Magna Carta
of Public Health Workers.

SECTION 93. Hazard Pay. All personnel of the Department and the local disaster resilience
offices are entitled to receive hazard pay, subject to the guidelines to be set forth in the IRR of this
Act.

SECTION 94. Separation Benefits of Officials and Employees of Affected Agencies. National

government employees displaced or separated from service as a result of this Act shall be entitled to
either separation pay and other benefits in accordance with existing laws, rules, or regulations, or be

entitled to avail themselves of the privileges provided under a separation plan that shall be one and


one-half month salary for every year of service in the government.

In no case shall there be any diminution of benefits under the separation plan until the full
implementation of this Act. With respect to employees who are not retained by the Department, the
government, through the Department of Labor and Employment, shall endeavor to implement
training, job counseling, and job placement programs.

SECTION 95. Appropriations, — The amount necessary for the initial implementation of this
Act shall be taken from the current fiscal year’s unexpended and unobligated appropriations of all
agencies herein absorbed, transferred, and attached to the Department. Thereafter, the amounts
necessary for the operation of the Department and the implementation of this Act shall be included
in the annual General Appropriations Act.

SECTION 96. Implementing Rules and Regulations. — The Department, DBM, DND, DOF,
DILG, DOST, NEDA, and the PMS Shall collectively craft and issue, within ninety (90) days from
the effectivity of this Act, the Implementing Rules and Regulations (IRR) for the effective
implementation of this Act. They may call upon other relevant government instrumentalities and
stakeholders to assist in the crafting of the IRR.

SECTION 97. Joint Congressional Oversight Committee on Disaster Resilience. ~ There
shall be created a Joint Congressional Oversight Committee on Disaster Resilience to monitor the
implementation of this Act, The committee shall be composed of six (6) Members of the House of
Representatives and six (6) Senators to be designated by the Speaker of the House of
Representatives and the President of the Senate, respectively; Provided, That, two (2) Members of
the House of Representatives and two (2) Senators shall come from the Minority of their respective
houses of Congress. The committee shall be jointly chaired by a Member of the House of
Representatives and a Senator designated by the Speaker of the House of Representatives and the
President of the Senate, respectively.

SECTION 98. Mandatory Review. — Within five (5) years after the effectivity of this Act,
or as the need arises, the Joint Congressional Oversight Committee on Disaster Resilience shall
conduct systematic evaluation of the accomplishments and impact of this Act, as well as the
performance of the Department of its mandate and functions, for purposes of determining remedial
legislation.

SECTION 99, Interpretation. Any doubt in the interpretation of any provision of this Act
shall be resolved in favor of a liberal interpretation that will fulfill the objectives of this Act,
especially in relation to the provision of effective, efficient and timely disaster response,
rehabilitation and recovery.

SECTION 100. Separability Clause. ~ If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions or parts thereof not otherwise affected, shall remain
in full force and effect.

SECTION 101. Repealing Clause. — The provisions of Republic Act no. 10121, Republic
Act no. 7160, Republic Act no. 7916, Republic Act no, 9184, and all other laws, decrees, executive


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orders, proclamations and other executive issuances, which are not consistent with, or contrary to
the provisions of this Act, are hereby repealed or amended.
SECTION 102. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,