Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘TWENTIETH CONGRESS
First Regular Session

House Bill No.

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

The Philippines is regularly hit by typhoons all year round. All throughout
these years, we are witnesses to the extent of devastation these typhoons and other
natural calamities can cause to our nation. Just recently, the combined effects of
the Southwest Monsoon and typhoons Crising, Dante and Emong affected
2,376,036 families and displaced 197,185 persons in Region 1, Region 2, Region
3, CALABARZON, MIMAROPA, Region 5, Region 6, Region 7, Region 9,
Region 11, Region 12 CARAGA, NCR and the Negros Island Region.!

It will take several months before the affected communities regain an ounce
of strength to start recovering. During a state of calamity, every Filipino family
becomes vulnerable to countless problems caused by a strong typhoon and/or
other natural disaster. Each person needs to start from scratch to get back a
little of what they used to have.

It is therefore imperative for us to create a responsive and truly empowered
department that will be charged with the seamless implementation of the
country’s natural disaster response, beyond the restrictive structure of the current
Disaster Risk Reduction and Management which is often limited to coordinati'
functions. The creation of an independent Department of Disaster Resilience
will improve the institutional capacity of the government for risk reduction
and management, address the vulnerabilities of the affected localities and
build the resilience of communities to natural disasters.

This bill has been approved on Third Reading in the 19" Congress,
underscoring the fact that this August body is cognizant of the urgent need to
enact this measure, to alleviate the plight of our marginalized communities
who are most vulnerable in times natural disasters and calamities.

ow ce
ERIC L. ouvanke


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 3245

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ

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

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

Article 1
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policy. - It shall be the policy of the State to:

(a) Protect the lives and properties of its citizens by addressing and
preventing the causes of vulnerabilities to natural disasters;

(b) Uphold the sacredness of human life by efficiently and effectively
addressing humanitarian emergencies, including calamities
and disasters, through the establishment of a __ focused,
streamlined, independent, empowered, capacitated, specialized agency
on disaster risk reduction and management as well as emergency
Response, which is national in scope and civilian in character. The
people are the most important assets of the nation, and all disaster risk
and management efforts shall be responsive to the humanitarian
needs of the people, the dignity and value of the human person, and
respect for property;

{c) Promote a simple, strategic, systematic, continuous, comprehensive,
inclusive, and integrated approach to disaster risk reduction and
management aimed at substantially reducing vulnerabilities and the
risk of disasters and other humanitarian emergencies, towards the


preservation of life and property, thereby ultimately preventing or
deterring the loss of lives and protecting the social, economic, historical
and Cultural heritage, and environmental assets of the country;

(d) Establish a permanent, institutionalized, cohesive, and comprehensive
framework for disaster preparedness, prevention and mitigation, and
response, to be implemented by a focused specialized agency with its
own mandate, powers, and funding, and coordinating with the
Philippine government, other foreign governments and_ financial
Institutions, international organizations, the private sector, and civil
society. Disaster risk reduction and management shall first aim for the
outright avoidance of the adverse Impacts of hazards and related
disasters. With the knowledge and capacities to effectively anticipate,
respond to, and recover from the impacts of likely, imminent or current
hazard events or conditions, preparedness action shall be carried out in
the most effective and efficient manner. In a disaster scenario, the
response shall ensure the provision of emergency services and public
assistance, during or immediately after a disaster;

(e) Create an integrated, systematic, comprehensive, and cohesive plan to
simplify, streamline, integrate, and coordinate the various programs,
projects, and activities of the Government and such other actors or
stakeholders in disaster risk reduction and management to ensure
accountability, responsibility, and transparency as well as to ensure
the efficient and effective performance of their functions;

( Inculcate a culture of resilience and preparedness against natural
disasters at the national, regional, and local levels;

(e) Establish a strong and empowered institution capable of responding to
the greater onslaught of normal or natural disasters brought by
climate change, and spearhead efforts to ensure disaster resilience by
delivering the highly critical and intertwined functions of disaster risk
reduction and response, with a recovery strategy of “building forward
better”;

(h) Address the different 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;

() Foster an enabling environment for substantial and sustainable
participation of nongovernment stakeholders such as civil society
organizations, private groups, volunteers, and communities in disaster
resilience programs and projects;

() Adopt a whole-of-society, whole-of-government, and whole-of-nation
approach in disaster preparedness to increase collaboration, planning,
and dialogue among all sectors of society in preparing for natural


disasters and in improving their strategies and action plans for disaster
risk reduction; and

(k) Strengthen the chain of command and establish a unified command
system for Disaster management.

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

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

(b) Assisting actor refers to any assisting international or domestic actor
following a disaster in the country;

(c) Assisting domestic actor refers to any not-for-profit entity established
under domestic laws, which is extending help following a disaster in
the country;

(d) Assisting international actor refers to any foreign State, organization,
entity extending help following a disaster within the country or
transiting through the country to extend help following a disaster in
another country;

(e) Biological hazards refer to 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;

() Building forward better refers to an approach to building or
reconstructing an area or community, which entails a shift from
achieving simple recovery and restoration to creating safer, more
adaptive, resilient, and inclusive communities;

(g) Business continuity refers to the capability of an organization to
continue the delivery of products or services at acceptable predefined
levels following a disruptive incident;

(h) Capacity refers to the combination of attributes and resources available
within a Community or area that can reduce the level of risk(s) from,
or impact(s) of, a disaster;

(i) Are neither to generate profits nor to seek governing power, but to unite
people to advance shared goals and interests. CSOs may include
nongovernment organizations (NOOs), professional associations,
foundations, independent research institutions, community-based
organizations, and social movements;

(i) Climate change refers to a change in the state of the climate that can
be identified by changes in the mean and/or the variability of its
properties, and that persists in an extended period, typically decades or
longer, whether due to natural internal processes or external forces
such as modulation of the solar cycles, volcanic eruptions, and
persistent anthropogenic changes in the composition of the atmosphere
or in land use;



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

(l) Consequence management refers to the totality of interventions and
measures taken to restore essential operations and services in a
permissive environment, including measures to protect public health
and safety, restore essential government services, and provide
emergency relief to individuals, stakeholders, and communities affected
by the consequences of emergencies, hazards, and disasters;

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

(n) Cultural heritage refers to the totality of cultural property preserved and
developed through time and passed on to posterity;

(0) Deterministic risk assessment refers to an assessment that considers
the possible disaster impacts of a single scenario, in contrast to
probabilistic risk assessment which considers all possible scenarios,
their likelihood, and associated impacts;

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

(q) Disability refers to an evolving concept that results from the interaction
between persons with impairments, as defined under Republic Act No.
7277, otherwise known as the “Magna Carta for Disabled Persons” and
attitudinal and environmental, barriers that hinder their full and
effective participation in society on an equal basis with others;

() Disaster refers to a serious disruption of the functioning of a
community or a society involving widespread human, material,
economic or environmental losses and impacts, which exceeds the
ability of the affected community to cope using its own resources.
Disasters are often described as a result of the combination of: the
exposure to ahazard; the conditions of vulnerability that are present; and
insufficient Disaster refers to a serious disruption of the functioning of
a community or a society involving widespread human, material,
economic or environmental losses and impacts, which exceeds the
ability of the affected community to cope using its own resources.
Disasters are often described as a result of the combination of: the
exposure to ahazard; the conditions of vulnerability that are present; and
insufficient capacity or measures to reduce or cope with the potential
negative consequences. Disaster impacts may include loss of life, injury,
disease and other negative effects on human, physical, mental and social
well-being, together with damage to property, destruction of assets, loss
of services, social and economic disruption and environmental


degradation. Unless otherwise specifically indicated in this Act, the term
“disaster” shall refer to ‘natural disaster”

(s) Disaster assistance refers to financial, material, or other forms of
assistance to address the immediate and long-term needs of people,
communities or areas affected by a disaster. This term includes
humanitarian assistance and development assistance;

(t) Disaster management refers to the planning, organization, and
application of measures preparing for, responding to, and recovering
from disasters;

(u) Disaster mitigation refers to the reduction or limitation of the adverse
impacts of disasters and its related hazards;

(v) Disaster preparedness refers to the knowledge and capacities
developed by governments, professional response and recovery
organizations, communities and individuals to effectively anticipate,
respond to, and recover from, the impacts of likely, imminent or current
disasters and related hazards;

(w) Disaster prevention refers to the intention to avoid, or the outright
avoidance, of potential adverse impacts of disasters and related hazards
through action(s) taken in advance;

(x) Disaster Recoveryreferstorestoration or improvement of llivelihoods and
health, as well as economic, physical, social, cultural and
environmental assets, systems and activities, of a disaster-affected
community or society, aligning with the principles of sustainable
development and “build forward better” to avoid or reduce future
disaster risk;

(y) Disaster response or disaster relief refers to the provision of emergency
and public assistance during or immediately after a disaster in order to
secure and save lives, reduce health impacts, ensure public safety and
meet the basic subsistence needs of the people affected. Disaster
response is predominantly focused on immediate and short-term needs
and is sometimes called “disaster relief";

(z) Disaster rehabilitation refers to restoration of basic services and
facilities for the function of a community or a society affected by a
disaster;

{aa) Disaster resilience refers to 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, including 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;

(bb) Disaster risk refers to the potential losses in lives, health status,
livelihoods, assets and services that may occur to a particular
community or society due to a disaster in the future, and is determined
by a combination of the vulnerability, capacity, exposure of persons
and assets, hazard characteristics and theenvironment;


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

(dd) Disaster risk management refers to the systematic approach or
process of implementing strategies, policies and programs to lessen the
possibility and/or adverse impacts of disasters and related hazards;

(ee) Disaster risk reduction refers to the prevention of new, or reduction of
existing, disaster risks and the management of residual risk, toenhance
resilience to disasters;

(f) Early warning system refers to 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;

(ge) Emergencyrefers to unforeseen or sudden occurrence, especially

danger, demanding immediate action;

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

(ii) Environmental hazards refer to hazards which 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;

(i) Exposure refers to the situation of people, infrastructure, housing,
production capacities and other tangible human assets located in
hazard-prone areas;

(kk) Framework Agreement shall refer to a written agreement between a
procuring entity and a supplier or service provider that identifies the
terms and conditions under which specific purchases are made for the
duration of the agreement. The Framework Agreement is in the nature
of an option contract between the procuring entity and the bidder(s)
granting the procuring entity the option to either place an order for any
of the goods or services identified in the Framework Agreement List



or not buy at all, within the period of the Framework Agreement;

(I) Geological or geophysical hazards refer to hazards which

inate 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. Hydro meteorological 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 hazards;

(mm) Geographic information system refers to a database which contains,
amongothers, geo-hazard assessments, information on climate Change,
and climate risk reduction and management;

(nn) Geographically isolated and disadvantaged area (GIDA) refers to an
area with a marginalized population, which is physically and socio-
economically separated from the mainstream society and characterized
by physical factor such as isolated due to distance, weather conditions
and transportation difficulties due to island, upland lowland,
landlocked, hard to reach and underserved communities; and/or
socio-economic factors such as high poverty incidence, presence of
vulnerable sector, communities in or recovering from a situation of crisis
or armed conflict;

(00) Hazard refers to a phenomenon, substance, human activity, or
condition that may cause loss of life, injury or impacts to health; and
social and economic disruption, environmental damage, or loss of or
disruption to property, livelihood and/or services;

(pp) Historical landmarks refer to 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;

(aq) Human-induced disasters refer to disasters induced entirely or
predominantly by human activities or choices, such as ideologically
motivated conflict or criminality;

(rr)Humanitarian assistance refers to financial, material or other similar
forms of assistance to address the immediate needs of people affected
by anatural disaster;

(ss) Hydro meteorological hazards refer to hazards that are of atmospheric,
hydrological and oceanographic origin, such as tropical cyclones also
known as typhoons and hurricanes; floods, including flash floods,
drought; heatwaves and cold spells, coastal Storm surges, and marine
heatwaves, extreme sea events, and sea level rise. Hydro meteorological
conditions may also be a factor in other hazards such as landslides,
wildland flees, locust plagues, epidemics, and in the transport and
dispersal of toxic substances and volcanic eruption material;

(tt)Impact and needs assessment refers to 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 areas;

(au) Land-use planning refers to 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;

(vv) Legal facilities refer to entitlements and exemptions that are granted
to assisting domestic or international actors which are declared to be
eligible pursuant tothis Act and its implementing rules and regulations;

(ww) Local Disaster Resilience Plan (LDRP) refers to a document prepared
by a local government unit (LGU) based on the National Disaster
Resilience Framework NDRF) and National Disaster Resilience Plan and
Investment Program (NDRPIP) that sets out specific programs,
objectives and goals to implement disaster risk Management and
climate change adaptation measures at the local level. The plan shall
include among others, an evaluation and analysis of emerging disaster
risks, hazards and vulnerabilities applicable to an LGU, and specific
programs and activities to ensure responsive, effective, and the
appropriate disaster preparedness and management at the local level;

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

(yy) National cultural treasure refers to a unique cultural property found
locally, possessing outstanding historical, cultural, artistic and/or
scientific value which is highly significant and important to the country
and nation, and officially declared as such by the pertinent cultural
agency;

(zz) National Disaster Resilience Framework (NDRF) refers to a framework
that provides for a comprehensive, all-hazards, multi-sectoral, inter-
agency and community-based approach to enable communities to
resist, prevent, mitigate against, absorb, accommodate, adapt to,
recover, or build forward better from the effects of a 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 (NDRRMF), and National Framework Strategy
on Climate Change (NFSCC);

(aaa) National Disaster Resilience Plan and Investment Program (NDRPIP)
refers to a plan formulated and implemented by the Department of
Disaster Resilience 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. It shall also include,
among others, the goals, objectives and action plans for a National
Continuity Policy;

(bbb) Natural disaster refers to a disaster predominantly associated with
and/or caused by natural processor phenomena such as those related
to geology such as earthquakes, ground rupture, liquefaction,
landslides, tsunamis, sinkholes, volcanic activity; hydrology and
meteorology such as floods, severe winds, typhoons, storm surges,
climatological variability such as extreme temperatures, El Nino, La
Nina, and forest fires; biological events such as epidemics or pandemics
caused by outbreaks of viral, bacterial, parasitic, fungal or prion
infectious diseases affecting human, animal or plant life, insect
infestations or swarms; and extraterrestrial events such as a meteorite
or asteroid strikes;

(cece) Open data refer to facts and statistics that can be freely used, shared
and built-on by anyone, anywhere, for any purpose, which must be
available in bulk, free of charge, or at least at no more than a reasonable
cost and permit people to use, re-use, and redistribute, intermix with
other data providers;

(ddd) Post-Disaster recovery refers to the restoration improvement where
appropriate, of facilities, livelihood and living conditions, of disaster-
affected communities, including efforts to reduce disaster risk factors,
in accordance with the principle of “build forward better”;

(eee) Preparedness refers to pre-disaster actions and measures being
undertaken within the context of disaster risk reduction and
management and are based on sound risk analysis as well as pre-
disaster activities to avert or minimize loss of life and property such as
community organizing, training, planning, equipping, stockpiling,
hazard Mapping, insuring of assets, and public information and
education initiatives. This also includes the development or
enhancement of an overall preparedness strategy, policy, institutional
structure, warning and forecasting capabilities, and plans that define
measures geared to help at-risk communities safeguard their lives and
assets by being alert to hazards and taking appropriate action in the
face of an imminent threat or an actual disaster;

(ff) Prevention refers to activities and measures to avoid existing and new
disaster risks, and the concept and intention to avoid potential adverse
impacts of hazardous events;

(ggg) Probabilistic risk assessment refers to the simulation of those future
disasters based on scientific evidence, and which are likely to occur in
order to resolve the problem posed by the limits of historical data by
reproducing the physics of the phenomena and recreating the intensity
of a large number of synthetic events, including all possible scenarios,
their likelihood, and associated impacts;



(hhh) Rehabilitation refers to measures that ensure the ability of affected
communities or areas to restore their normal level of functioning by
rebuilding livelihood and infrastructures and increasing the
communities’ organizational capacity;

(iii) Resilience refers to the ability of a system, community or society exposed
to hazards to resist, absorb, accommodate, and recover from the effects
thereof in a timely and efficient manner, including through the
preservation and restoration of its essential basic structures and
functions in a manner that will make them more resistant to future risks;

(ii) Response refers to any concerted effort by two (2) or more agencies,
public or private, to provide assistance or intervention during or
immediately after a disaster to mect the life preservation and basic
subsistence needs of those people affected and in the restoration of
essential public activities and facilities;

(kkk) Retrofitting refers to an act reinforcing or upgrading existing
structures to make them more resistant and resilient to the damaging
effects ofhazards;

(Ill)Risk refers to the combination of the probability of an event and its
negative consequences;

(mmm) Flick assessment refers to a methodology to determine the
nature and extent of risks 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 assessment with associated
risk mapping include: a review of the technical characteristics of hazards
suchas their location, intensity, frequency and probability; the analysis
of exposure and vulnerability including the physical, social, health,
economic, and environmental dimensions; and the evaluation of the
effectiveness of prevailing and alternative coping capacities in respect
to likely risk scenarios;

(nnn) Risk transfer refers to the process of formally or informally shifting
the financial consequences of particular risks from one party to another
whereby a household, community, enterprise or State authority will
obtain resources from the other party after a disaster occurs, in
exchange for ongoing or compensatory social or financial benefits
provided to that other party;

(000) Safety stock refers to items of raw materials, component parts, or
finished goods maintained in inventory in order to reduce the risk that
such item will be out of stock, in anticipation of unforeseen shortages or
unusual demand for such items;

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

(qqq) Sustainable developmentrefers to development that meets the needs of


the present Generation without compromising the ability of future
generations to meet their own. It contains within it two (2) key concepts:
first, the concept of ‘needs’, in particular, the essential needs of the
world’s poor, to which overriding priority should be given; and second,
the idea of limitations imposed by the state of technology and social
cohesion and harmony, and ecological integration of a sound and viable
economy, responsible governance, and ecological integrity to ensure
that human development now and through future generations is a life
enhancing process;

(rrr) Volunteers refer to individuals, groups or entities that offer and
provide services or assistance, without compensation, to help people
and areas affected by disasters;

(sss) Vulnerability refers to the characteristics and circumstances of a
community, System or asset that make it susceptible to the damaging
effects of a hazard. Vulnerability may arise from various physical, social,
economic, and environmental factors such as poor design and
construction of buildings, inadequate protection of assets, lack of public
information and awareness, limited official recognition of risks and
preparedness measures, and disregard for wise environmental
management;

(ttt) Vulnerable and marginalized groups refer to those that face higher
exposure to disaster risk and poverty including women, children, the
elderly, differently abled people, and ethnic minorities;

(uu) Whole-of-Society Approach refers to 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;

(vv) Whole-of-Government Approach refers to 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

(www) Whole-of-Nation Approach refers to an approach that seeks to bring
about a concerted effort towards sustainable development, and 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 such as government, civil society, private sector, and the
communities.


Article I

THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS

SEC. 4. Creation and Mandate of the Department of Disaster Resilience
- There is hereby created a Department of Disaster Resilience, herein after
referred to as the Department.

The Department shall be the primary government agency
responsible for leading, organizing, and managing the national effort to reduce
disaster risk, prepare for and respond to disasters, recover and rehabilitate,
and build forward better after the occurrence of disasters.

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

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

The Department shall be the principal government institution
responsible for ensuring safe, adaptive, and disaster resilient communities. It
is mandated to provide a clear and comprehensive direction in the
implementation of plans, programs, and projects to reduce the risk of natural
hazards and the effects of climate change and manage the impact of disasters,

‘The mandate of the Department covers all natural hazards, which
include, among others, the following:

(a) Geological Phenomena and Related Hazards
1. Earthquake ground rupture, ground shaking, liquefaction,
tsunami, fire, landslides, and seiche or lake water oscillation
2. Volcanic activity — ash fall, pyroclastic flow, lava flow, lahar,
fissuring, and volcanic gas
3. Mass movement — landslides, debris flow, sinkholes
(b) Hydrological, Oceanographic and Meteorological Phenomena and
Related Hazards
1. Tropical cyclone — severe winds, storm surge, rouge waves,
severe rainfall including hail
2. Flood, rain-triggered landslides and storm surges



3. Erosion
4. Marine heatwaves, extreme sca events, and sea level rise
(c) Climate Variability /Change with Related Hazards of Compound Events
and Cascading Impacts
1. EINino or La Nina (ENSO) with associated rainfall and temperature
(in particular, projected extreme ENSOs)
2. Extreme temperature (heat wave or cold wave), extreme weather
conditions (drought or excessive rainfall)

3. Wildfire (forest or land fires)
(d) Biological and Related Hazards

1. Epidemic/Pandemic — viral, bacterial, parasitic, fungal, prion
infectious diseases

2. Insect Infestation — grasshoppers/locusts
(c) Extra-Terrestrial — Meteorite /Asteroid impact.

The Department shall manage and direct the implementation of
national, local, and community-based disaster resilience and disaster
management programs, projects and activities, including disaster response,
recovery and rehabilitation, when applicable, in collaboration with relevant
national government agencies, LGUs, CSOs, academic institutions and other
stakeholders: Provided, That for human-induced disasters, the Department of
the Interior and Local Government (DILG), Department of National Defense
(DND), Department of Social Welfare and Development (DSWD), and other
relevant government instrumentalities, including the Armed Forces of the
Philippines (AFP), Bureau of Fire Protection (BFP), Philippine National Police (PNP),
Philippine Coast Guard (PCG), and Office of Civil Defense (OCD), shall continue to
perform their functions: Provided, further, That the Department shall remain as
the lead agency in recovery and rehabilitation efforts in collaboration with all
stakeholders when applicable.

Notwithstanding, the mandates and powers stated herein shall be
without prejudice to the President’s directive to address natural, human-
induced, or other disasters such as an epidemic.

SEC. 5. Powers and Functions of the Department. - The Department shall
exercise the following powers and functions, in collaboration with the relevant
departments, agencies, and nongovernment stakeholders:

(a) General Functions

1. Conduct risk and vulnerability assessment at the local level based
on the national criteria, and establish a database that includes,


among others, an inventory of hazards to better prepare for and
respond to natural disasters;

2. Undertake the establishment or construction of evacuation centers that
conform to the standards under the United Nations (UN)
Humanitarian Charter and Minimum Standards in Humanitarian
Response or The Sphere Minimum Standards for Shelter and
Settlement and Republic Act No. 10821, otherwise known as the
“Children’s Emergency Relief and Protection Act”, among others. The
upkeep and maintenance of the evacuation centers shall be the
responsibility of the concerned LGUs;

3. Develop, maintain and update an integrated disaster management
and disaster resilience information system that includes, among
others, multi-hazard mapping, vulnerability and probabilistic risk
assessments, early warning, exposure database, communication and
emergency management systems at the national, regional, and
provincial levels;

4, Undertake the formulation and implementation of the government’s
policies, plans, programs, projects, and budget for disaster resilience
including those related to disaster risk reduction, response,
recovery, rehabilitation, and building forward better;

5, 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;

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

7. Facilitate the availability of highly competent DRR professionals at
all levels and prescribe benefits, alloveances, and similar
emoluments for DRR professionals, as it may deem fit;

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

9. Receive, manage, administer and control all the funds, assets and
properties received by the Department to accomplish the purposes
of this Act;

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

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

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

13. Collaborate with any government entity to help ensure the
attainment of the goals and objectives of this Act; and


14. 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

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

2. Develop and implement policies and programs relating to the
construction of new settlements or relocation of settlements in safe
areas which 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 and/or
controlled corporations, LGUs, or other government institutions;

3. Develop, in coordination with relevant government agencies, policies
and programs on land-use planning, urban planning and zoning
which 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
and/or controlled corporations, LGUs, or other government
institutions;

4. Establish or enhance standards for disaster preparedness and
continuity planning, such as on infrastructure standards and
designs;

5. Collaborate with the Department of Public Works and Highways
(DPWH) and other relevant government agencies in the conduct of
regular structural, safety audit of buildings and other types of
infrastructure, and require the submission of necessary data,
information or reports related thereto;

6. Formulate a National Continuity Policy including plans and programs
toimplement government governance and business continuity;

7. Ensure the use of advanced science and technology in the
anticipatory planning of communities against the impact of natural
hazards and climate change through consultation, and employment
with a regular department funding for relevant academic or higher
educational institutions with proven risk reduction record;

8. Establish a system to ensure that all disaster-related data are
accessible to all stakeholders to generate the best scientific
information and technological products for use in disaster resilience;

9. Ensure that all climate change-related hazards are included in the

development of climate risk profiles of targeted LGUs as provided for
in the Climate Risk and Management Framework (CRMF) policy


document of the Climate Change Commission (CCC) and that the
appropriate institutions such as the academe and other science
experts or organizations who have the capability to develop or have
developed methodologies to establish climate change risk profile are
officially engaged;

10. Undertake programs and projects to reduce the vulnerability of
physical infrastructure, assets, and facilities including retrofitting,
and structural and non- structural upgrading, in coordination with
the relevant government agencies;

11. Call on relevant government agencies to develop alternative
livelihood programs to reduce the vulnerability to disasters of certain
areas or certain sectors of society;

12. Formulate, facilitate and monitor efforts relating to certain
resources or sectors toward addressing the long-term effects of
climate change on sustainable development, such as water
resources, agriculture, forestry, coastal and marine resources,
health, and infrastructure, in coordination with relevant government
agencies;

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

14, 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;

15. Create an enabling environment that shall promote broader multi-
stakeholder participation for disaster risk reduction and climate
change adaptation and mitigation;

16. Establish, develop, and monitor programs and projects, in
coordination with relevant government agencies, that consider
climate projections, including temperature increase and rainfall
change in the Philippines to ensure climate- resilient communities;

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

18. Review and evaluate local disaster resilience plans and other local
plans to ensure their consistency with the National Disaster Resilience
Framework; and

19. Undertake all other programs and projects necessary to attain the
necessary outcomes for disaster risk reduction.

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

3. Implement projects and programs that will enhance the capacity of
LGUs to prepare for and respond to disasters, giving priority to
LGUs with low income or those situated in high-risk areas;

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

5. Accredit, monitor, and evaluate training institutions on disaster
resilience;

6. Regulate the accreditation of donors, volunteers, and assisting
nongovernment stakeholders, both domestic and international;

7. Formulate standards for contingency planning that shall be
adopted by the LGUs;

8. Develop a database of exposure or elements at fisk per area to
facilitate and ensure quick impact and needs assessment in the
event of a disaster;

9. Facilitate and regulate the acceptance, inventory, and accounting
of humanitarian assistance, including relief goods;

10. Maintain a database of volunteers and, when necessary,
mobilize volunteers to augment the personnel complement and
logistical requirements for disaster response and/or for the
delivery of DRRM programs, projects and activities;

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

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

13. Call upon other instrumentalities or entities of the
government and non-government and civic organization for
assistance in terms of the use of their facilities and resources for
the protection and preservation of life and properties in the whole
range of disaster risk reduction and management. This function
includes the power to call on the reserve force as defined in
Republic Act No. 7077, otherwise known as the “Citizen Armed
Forces of the Philippines Reservist Act” to assist in relief, rescue,
retrieval and management of dead and missing persons during


disasters or calamities;

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

15. Recommend to the President to call upon the AFP and PNP to
render the necessary assistance in a disaster-affected area by the
authority of the President;

16. Call upon, by authority of the President, the Armed Forces of
the Philippines, the Philippine National Police, the Bureau of Fire
Protection (BFP), the Philippine Coast Guard, and other
uniformed services to the extent necessary for the Department to
achieve the purposes of this Act;

17. Establish a National Corps of Volunteers to be composed of,
among others: Reserve Officers’ Training Corps (ROTC), National
Service Training Program (NSTP), reservists, and other socio-civic
organizations;

18. 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; and

19. Undertake all other programs and projects necessary to attain
the necessary outcomes for disaster preparedness and response.

{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;

2. Establish a system to promptly perform impact and needs
assessment, including strengthening the in-house capacity of the
Department to conduct accurate and timely impact and needs
assessment;

3. 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;

4. Formulate or direct relevant government agencies and LGUs to
issue guidelines for fast-tracking the issuance of permits,
certifications, clearances and licenses to implement disaster
recovery and rehabilitation measures, including housing
projects, in affected areas;

5. Prepare and implement rehabilitation plans for disaster affected
areas;

6. Manage and oversee the implementation of disaster recovery and


9.

10.

rehabilitation measures;

. Collaborate with relevant government agencies to establish

programs to restore or generate livelihood in disaster affected
areas;
Formulate policies and standards for post-disaster shelter
recovery which may include, among others, implementation
arrangements, coordination arrangements with relevant agencies
and LGUs, and modalities for emergency transitional and
permanent shelter recovery;
Ensure that the principle of building forward better is applied to
rehabilitation or reconstruction efforts; and

Undertake all other programs and projects necessary to attain
the necessary. Outcomes for recovery and safer, adaptive, resilient,
and inclusive communities.

(e) Other Functions

1.

Constitute, call, convene or deputize agencies of government,
and invite nongovernment and private organizations, to assist,
advise, or coordinate with the Department to achieve the
purposes of this Act;

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;
Save lives and/or minimize damages to livelihood and property,
complement and collaborate with relevant government agencies
and nongovernment stakeholders in providing humanitarian
response and the consequence management of human- induced
disasters whenever it becomes necessary;

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;

. 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;

Create or reorganize offices and/or task forces, as may be
necessary to carryout the objectives of this Act; and

Perform such other functions, as may be necessary, for the
attainment of the objectives of this Act.


Article II

Emergency Measures

SEC. 6. Emergency Measures. - (a) to protect and preserve life and
property and ensure and promote public safety and welfare, the Department
may undertake and implement the following emergency measures in
anticipation of, during, and in the aftermath of disaster

1. Carrying out of preemptive evacuation;
2. Imposition of curfew;

3. Rationing of the distribution of basic goods in critical
shortage, and when necessary, preventing or restricting the
transfer of such goods outside of the area affected by the
disaster, including access to rice inventory of the National
Food Authority (NFA) office or storage located in the affected
area;

4. When there is imminent danger of loss of lives or damage to
property, temporarily take over or direct the operation of any
private utility or business, subject to payment of just
compensation; and

5. With the concurrence of the DOF, recommend to the Monetary
Board the deferment of the payment of monetary obligations of
local government units and private entities that have been
severely affected by disaster.

(b) Local government units shall enact ordinances on and implement
necessary and appropriate emergency measures to ensure the protection and
preservation of life and property and the promotion of public safety and
welfare in anticipation of, during, and in the aftermath of disasters.

(c) Emergency measures shall be carried out in a manner that is humane,
respectful of dignity and culture of person without the use of discrimination
and disproportionate force, and with conscious attention to the needs of
vulnerable and marginalized groups.

(d) Appropriate steps shall be taken to inform the public of the need to
implement emergency measures for their safety.

SEC. 7. Preemptive and Force Evacuations. — Preemptive
evacuation shall be the preferred and primary mode of moving and relocating
people that will be affected by impending disasters. A forced evacuation shall be
considered as an emergency measure of last resort that may be undertaken in
anticipation of or during a disaster and carried out by the concerned local
government unit: Provided, That in case of the failure or inability of the local
government units to implement the same, the forced evacuation shall be
implemented by the Department, which may direct and compel the assistance of


law enforcement and other government agencies to implement such measure.
Any person who willfully disregards or disobeys a preemptive or forced
evacuation carried out by the local government unit or the Department releases
such local government unit or the Department, as the case may be, from any
liability for injury, death, damage to, or loss of property due to such disobedience.

Article IV
ORGANIZATION AND MANAGEMENT

SEC. 8. 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 good background in any
of the scientific engineering, and public management fields relevant to the
attainment and promotion of resiliency to natural hazards and climate change,
and demonstrated managerial acumen.

SEC. 9. Powers and Functions of the Secretary. — The
Secretary shall have the following powers and functions:

a) Provide executive direction and supervision over the entire operations of
the Department;

b) 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;

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

d) Manage the financial, human and other resources of the Department;

e) Appoint and designate officers and employees of the Department, excluding
those requiring presidential appointment as provided for by law;

f) Exercise disciplinary powers over officers and employees of the
Department in accordance with law, and investigate such erring officers
and employees, or designate a committee or officer to conduct an
investigation;

g) 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
orders, 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;


j) Formulate such rules and regulations, and exercise such other powers as,
may be required to implement the objectives of this Act;

k) Serve as a member of the Government Procurement Policy Board (GPPB);
and

1) Perform such other tasks as may be provided by law or assigned by the
President.

SEC. 10. The Untersecretaries. -The Secretary shall be assisted
by four (4) Undersecretaries, which shall be responsible for the following key
result areas:

a) Disaster Preparedness and Response -to implement projects and programs
that will enhance the capacity of LGUs to prepare against, and respond to,
disasters. This also includes development of a database of exposure or
elements at risk per area and database of volunteers, among others. It
involves the establishment of evacuation centers and the implementation
of responsive and efficient prepositioning of goods, maintenance and
disposal of stocks, among others;

b) Disaster Risk Reduction - to formulate, adopt, and/or implement, among
others, a whole-of-society approach in policies and programs to prevent
new, if not reduce existing disaster risks, to address the effects of climate
change, and to minimize loss and damage to lives and properties. This
includes the formulation of the required policies and/or programs for
disaster riskreduction and climate change adaptation in, among others, the
NDRF and the NDRPIP;

c) Recovery and Building Forward and Better - to formulate and implement
rehabilitation plans for disaster-affected areas, and to ensure the
implementation of disaster recovery and rehabilitation measures, such as,
but not limited to, post-disaster shelters and livelihood projects, in
collaboration with relevant agencies, LGUs, and other stakeholders; and

d) Support to Operations - to formulate and implement, among others,
policies, programs and/or projects to ensure the efficient, effective, and
responsive delivery of the Department’s key result areas. Support to
operations covers knowledge management, institutional development and
planning, finance, office administration, human resources management,
and development of the Department's in-house capacities, among others.

SEC. 11. Assistant Secretaries and Directors. - The Department
shall have four (4) Assistant Secretaries and appropriate number of Directors
to ensure for the effective, efficient, and responsive implementation of the
mandate and functions of the Department,

SEC. 12. Qualifications. — No person shall be appointed
Secretary, Undersecretary, or Assistant Secretary of the Department unless a
citizen and resident of the Philippines, of good moral character, and of proven


experience, competence or expertise in humanitarian relief assistance and
disaster management. The Secretary, Undersecretary, or Assistant Secretary shall
not hold any other position, public or private, during their terms of office.

SEC 13. Structure rind 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.

SEC. 14. National Disaster Operations Center, Alternative
Command Center, and Research and Training Institute. -The Department
shall establish, within one (1) year from the approval of this Act, and act as the
primary operator, the National Disaster Operations Center (NDOC), Alternative
Command and Control Center (ACCCs) as may be necessary in each of the
country’s major island groups, and the Disaster Resilience Research and Training
Institute (DRRT). The Department is authorized to collect fees derived from the
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 to
provide supplemental support to the NDOC. The number and location of ACCCs
shall be determined by the Department. Temporal ACCCs may likewise be
established by the Department, if necessary.

SEC. 15. DRRTI Functions and Inter-Agency Knowledge
Sharing. - The DRRTI shall be a platform for providing training preferably on
site, and for collecting, consolidating, managing, analyzing, and sharing
knowledge and information to improve or enhance disaster resilience.

The DRRTI shall:

a) Establish reliable and up-to-date disaster-related information and
communication systems and technologies through close collaboration with
the DOST and with academic institutions;

b) Institutionalize, maintain, and update an integrated disaster resilience
information system (IDRIS), which includes, among others, multi-hazard
mapping, probabilistic risk assessment, risk analysis, early warning,
exposure database, communication and emergency management
systems;

c) 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;

d) Consult and coordinate with, and consolidate information/data from,
relevant government agencies, such as, but not limited to, DOST, LGUs,
academic institutions, and relevant CSOs to enhance the IDRIS and to
promote knowledge sharing among all stakeholders;


e) Conduct disaster-related research programs, seminars, and trainings for
all types of stakeholders;
f) Consolidate, organize and/or prepare training materials and publications;
and
g) Conduct other activities consistent with promoting the formation and
dissemination of knowledge and information relating to disaster resilience
and disaster management.

SEC. 16. 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
toincorporate best practices on disaster resilience in the Department's policies and
programs.

SEC. 17. Disdster Assistance Action Center. - The Department
shall institutionalize a one-stop shop mechanism through a Disaster Assistance
Action Center (DAAC) which shall, among others, process necessary documents
for both domestic and international assisting actors.

SEC. 18. Incentives. - The Department has the authority to
prescribe benefits, allowances, and similar emoluments for disaster management
professionals and disaster resilience officers at the national and local levels.

Article V
NATIONAL AND LOCAL GOVERNMENT RELATIONS

SEC. 19. Retention of Local DRRM Offices and mention of Local Disaster
Resilience Offices. - The Local DRRM Offices (,LDRRMOs) in provinces, cities,
and municipalities shall be retained and renamed as Provincial, City, and
Municipality Disaster Resilience Offices, respectively. They shall collectively be
called Local Disaster Resilience Offices (LDROs). All LGUs shall establish an
LDRO at the provincial, city, and municipal levels. All Local DRRM Councils
(LDRRMCs) shall be abolished. The budgetary requirements for personal
services, maintenance and other operating expenses, and capital outlay of the
LDROs shall be sourced from the General Fund of the LGU, subject to Section 76
of Republic Act No. 7160, otherwise known as the “Local Government Code of
1991", as amended. Other maintenance and operating expenses and other
capital outlay requirements of the LDRO in the implementation of disaster risk
and vulnerability reduction management and climate change adaptation
programs shall be charged to the Local Disaster Resilience Fund of the LGUs.
Provinces, cities or municipalitics shall be exempted from the Personnel Services
(PS) limitation on local government budgets in relation to the creation of the
LDROs and the appointment of its officers and personnel.


SEC. 20. Composition and Organization of LDROs. - The LDRO
shall be under the supervision and control of the provincial governor, and city
or municipal mayor, as applicable. The LDRO shall be composed of an officer
and five (5) permanent personnel responsible for, among others, administration,
research and planning, training, and operations. The organization,

composition, functions, and responsibilities of retained
LDRRMOs shall be modified to the extent provided in, and shall comply with the
requirements and standards of, this Act and the IRR for the establishment,
maintenance and operations of LDROs.

SEC. 21. Local Disaster Resilience Officer. -The LDRO shall be
headed and managed by a well-qualified and full-time Local Disaster Resilience
Officer with regular plantilla position. The Local Disaster Resilience Officer and
Staff shall be appointed by the Local Chief Executive subject to the requirements
and endowed with the emoluments and benefits in accordance with existing laws,
rules and regulations.

SEC. 22. Powers and Functions of City and Municipal DROs. -
‘The City and Municipal (CDRO and MDRO) shall have the following powers and
functions:

a) Formulate and implement, in close coordination with the Department, a
comprehensive and integrated LDRP in accordance with the NDRF and
the NDRPIP;

b) Design, program, coordinate, and implement disaster resilience activities
including preparedness, risk reduction, response, recovery and
rehabilitation measures consistent with the standard and guidelines
provided by the Department, and implement the NDRF and the NDRPIP at
the city or municipal level;

c) Prepare and submit to the local Sanggunian, the LDRP, the proposed
programming of the LDR Fund, other dedicated disaster resilience
resources, and other regular funding source of the LDRO;

d) Recommend to the local Sanggunian the enactment of local ordinances to
implement the LDRP, NDRF and NDRPIP at the city or municipal level, and
to comply with other requirements of this Act;

e) Prepare and submit to the Department, the local Commission on Audit,
and the applicable Regional Disaster Resilience Office a report on the
utilization of its Local Disaster Resilience Fund and other disaster risk
reduction and management resources;

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



g) 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;

h) Organize and conduct training and knowledge management activities on
disaster resilience at the local level, in coordination with the DRRTI;

i) Procure emergency works, goods, and services in compliance with the
regulations, orders, and policies of DBM and Government Procurement
Policy Board (GPPB), to implement the DRP or support early recovery and
post-disaster activities;

j) Incoordination with the Department, the DOF and other relevant agencies,
access foreign loans to finance its projects, programs, and policies for
disaster preparedness, response, recovery, and rehabilitation, subject to
terms and conditions agreed upon by the LDRO and the lender;

k) 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;

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

m) Coordinate with the Department, other government agencies, members of
the private sector and other stakeholders in the LGU to establish a
Business Continuity Plan as part of their LDRP’s disaster preparedness
measures;

n) 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

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

SEC. 23. Provincial Disaster Resilience Officer. -The Provincial

Disaster Resilience Office (PDRO) shall be headed and managed by a Provincial

Disaster Resilience Officer with regular plantilla position.

SEC. 24. Powers anJ Functions of the PDRO. - The PDRO shall
have the following powers and functions:

a) Formulate and implement, in close coordination with the Department and
cities or municipalities within its jurisdiction, a comprehensive and
integrated Provincial LDRP in accordance with the NDRF and the NDRPIP;

b) Review the LDRPs of cities and municipalities within its jurisdiction, and
require the amendment of such LDRPs if necessay, to ensure compliance
with the Provincial LDRP and/or the NDRF and NDRPIP;

c) Design, program, coordinate, and/or implement disaster resilience


activities consistent with the standards and guidelines provided by the
Department, and implement the NDRF and the NDRPIP at the provincial
level;

d) Prepare and submit tothe Sangguniang  Panlalawigan, the
Provincial LDRP, the proposed programming of the province’s Local
Disaster Resilience Fund, other dedicated disaster resilience resources,
and other fundingsources of the PDRO;

e) Recommend to the Sangguniang Panlalawigan the enactment of local
ordinances to implement the Provincial LDRP, NDRF and NDRPIP at the
provincial level, and to comply with other requirements of this Act;

f) Prepare and submit to the Department, the local Commission on Audit,
and the applicable Regional Disaster Resilience Office a report on the
utilization of the province’s Local Disaster Resilience Fund and other
disaster risk reduction and management resources;

g) 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/or municipalities within its
jurisdiction, a multi-hazard early warning and communications system
that is connected with the cities and/or municipalities within its
jurisdiction, and a monitoring system that enables the PDRO to oversee,
supervise, monitor and respond to the needs of cities and /or municipalities
within its jurisdiction in relation to disaster resilience activities;

h) Procure 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) In coordination with the Department and the DOF, access foreign loans to
finance its projects, programs, and policies for disaster preparedness,
response, recovery, and rehabilitation, subject to terms and conditions
agreed upon by the PDRO and the lender;

j) Formulate and establish mechanisms to mobilize and direct LDROs within
itsjurisdiction 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.

SEC. 25. Regional Offices. - The Department shall establish and
maintain Regional Offices (ROs) at each region, and a National Capital Region
Office (NCR). The size, composition and organization of ROs and NCR shall be



based on parameters provided in the IRR on the ability of LGUs within its
jurisdiction to cope with previous disasters, or to implement their LDRPs or
Provincial LDRPs; the level of income, population, hazard exposure of LGUs. The
ROs and NCR shall be funded by the Department.

SEC. 26. Regional Director. - Each RO and the NCR shall be
headed and managed by a Regional Director with regular plantilla position. The
Regional Director shall be appointed by the Department Secretary for a fixed term
pursuant to requirements, terms of office and endowed with the emoluments and
benefits subject to existing laws, rules and regulations.

SEC. 27. Powers and functions of ROs and NCR. - The ROs and
the NCR shall have the following powers and functions:

a) Review the LDRPs and Provincial LDRPs of LGUs within its jurisdiction, and
require the amendment of such LDRPs and/or Provincial LDRPs if
necessary, to ensure compliance with the NDRF and NDRPIP;

b) Monitor and direct LDROs and PDROs to implement their respective
LDROs and PDROs;

c) Recommend to the appropriate Sanggunian at the city, municipal or
provincial level, the enactment of local ordinances to implement the LDRP,
NDRF and NDRPIP 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
reduction and management resources of LGUs within its jurisdiction, and
give recommendations, as necessary;

e) Disburse to, and monitor the use by, LGUs of Supplemental LDRF as
granted by the Department pursuant to this Act and its IRR;

f) 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 or Provincial LDRPs, NDRF and NDRPIP, and to
render efficient and timely disaster preparedness, response and recovery
measures;

2) 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;

h) Procure goods and services in compliance with the regulations, orders, and
policies of DBM and GPPB, to implement the NDRPIP and NDRF at the
regional level;

i) 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;

j) Establish and maintain, in coordination with the Department, a Regional
Command and Control Center (RCC) which include among others, an


k)

information management system at the regional level which consolidates
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 RO to oversee,
supervise, monitor and respond to the needs of LGUs within its jurisdiction
in relation to disaster resilience activities, implement or assist in the
implementation, as directed by the Department, of rehabilitation plans
for LGUs within its coverage; and
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.

SEC, 28. InterRegional Disaster Resilience Office

Collaboration. -The Department shall create policies and programs to establish
collaboration and coordination among the different ROs.

SEC. 29. Levels of Responsibility for Disaster PrepareJness

and Response. - The primary responsibility for disaster preparedness and
response shall be exercised at the local and national level in collaboration with
the relevant departments and agencies, as follows:

LEVELS OF RESPONSIBLE CONDITIONS
RESPONSIBILITY OFFICIALS
Level 1 — City or Mayor of the City / Ifa disaster affects a
Municipality Municipality single
(Lead) municipality / city

Local Disaster Resilience
Office

(In the case of

BARMM:

Municipal / City

Mayor and
BARMM Local
Disaster
Resilience
Office)



Level 2 — Province

Governor (Lead)

Provincial Disaster
Resilience Office

Applicable Local
Disaster
Resilience Offices

(In the ease of
BARMM:

Provincial Governor and
BARMM Local Disaster
Resilience Office/s)

If a disaster affects two
or more

municipalities / cities

Level 3— Region

Regional Director of
the Regional Office
(RO) (Lead)

Applicable Governors

Applicable Provincial
Disaster

Resilie

nce

Offices

(In the case of
BARMM: Regional

Governor and ARMM

Ifa disaster affects two
or more provinces
and/or independent
component or highly
iirbanized

cities

Local Disaster
Resilience Off 1ce/s)

(In the case of Metro
Manila: MMDA Chair)



Level 4 — National Secretary of the a. When astate of

Department of calamity is
During a state of Disaster Resilience declared by the
calamity in any area(s) | (Lead) Pronieat
or affecting several
regions
Governors ofthe b. Ifadisaster affects
affected at least two (2)
Provinces regions

C. When the affected
LGU cannot
dispense its
functions, or
respond to the threat
or effect of disaster;

d. When the local
chief executive or,
in his/her absence
or incapacity, the
next high-ranking
official, directly
requests the
Department to take
over;

When the President directs

a

Level 4 response.

SEC. 30. Inter-Locn! Government Assistance. - LGUs are hereby
authorized to extend assistance to another LGU, whether through funding or
donation of goods and/or services, to ensure effective disaster preparedness and
response, such as the pre-positioning and provision of basic goods, and training
of first responders, among others, subject to auditing and accounting.

SEC. 31. Reconstruction and Rehabilitation PoweFs of the
Depart tent. - The Department shall be primarily responsible for the
identification, planning and funding of priority reconstruction and rehabilitation
projects and programs on areas affected by disasters: Provided, that the
Department of Public Works and Highways shall be the primary implementor of
all infrastructure-related rehabilitation and reconstruction projects, including
retrofitting of structures to make them more resistant and resilient to the effects
of natural disasters.

SEC. 32. Service Continuity of the Department. — To ensure
service continuity, the Department and its regional and attached offices shall


be established in a location; and undertake the necessary interventions to make
its reasonably resilient offices and systems disaster- resilient.

SEC. 33. Assistance to Bangsiimoro Autonomous Region in
Muslim Mindanao. - The National Government, thru the Secretary of Disaster
Resilience and the Bangsamoro Autonomous Region Government shall create an
inter-governmental mechanism for humanitarian relief assistance in the BARMM
during times of natural disasters.

Article VI

WHOLE OF GOVERNMENT, WHOLE OF NATION, AND WHOLE OF SOCIETY
APPROACH AND INSTITUTIONAL ARRANGEMENTS

SEC. 34. Inter-operability of Systems. - The Department shall
establish mechanisms to ensure the inter-operability of systems among
government agencies, and to allow access agencies to the IDRIS as established
pursuant to Section 15 of this Act. 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.

SEC. 35. Synergy with Stakeholders. -The Department shall
ensure close collaboration and coordination with stakeholders, including CSOs,
the academe, and the private sector, in relation to Disaster Resilience programs
and projects, and the development and promotion of education and training
mechanisms with relevant stakeholders. The Department shall establish a
platform and mechanisms for coordination with stakeholders, including the
development of standard operating procedures for collaboration in the event of a
disaster.

SEC. 36. Establishment of Multi-Stakeholders Convergence
Unit. - The Department shall, with the assistance of other relevant government
agencies and stakeholders, establish a Multi-Stakeholders Convergence Unit
(MSCU) which shall align the disaster resilience efforts of the private sector,
CSOs, academe and other stakcholders with that of the Department by assisting,
coordinating or providing services that strengthen public-private coordination in
disaster resilience, including the following:

a) Establishment and implementation of business continuity practices to
ensure the continued delivery of products and services in the event of a
natural disaster;

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

c) Establishment, incorporation, and application of business continuity
plans as part of the LDRP of LGUs;

4) Facilitation or assistance in obtaining or processing incentives for the


private sector or other nongovernment stakeholders, such as tax credits;
and

Preparation and facilitating the issuance of special rules for Micro, Small,
and Medium Enterprises (MSMEs) such as mechanisms involving
procurement and liquidity to create enabling environments for disaster
preparedness and recovery. The MSCU shall establish a platform that
includes, among others, a database for monitoring and coordinating
efforts and resources of nongovernment stakeholders. It shall be headed
by one (1) of the Undersecretaries of the Department.

SEC. 37. Roles and Responsibilities of Stakeholders. — The

commitment, goodwill, knowledge, experience and resources of relevant

stakeholders are critical to realize a safer, adapti

resilient and inclusive

Filipino community. Citizens shall have the shared vision and duty to provide
support to the State in the implementation of policies and programs, particularly
the Disaster Resilience Framework and Disaster Resilience Plan at the national,
regional, and local levels.

a)

»)

h)

Civil society, nongovernmental _ organizations, _ international
nongovernmental organizations, private sector, DRRM 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 to enhance public awareness and promote a culture
of disaster resilience;

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 resiliency;
Migrants and the urban and rural poor shall participate in building resilient
resettlement communities;

Emergency responders and volunteer organizations shall contribute to
resilience by promptly and efficiently responding to disasters and
emergencies consistent with the policies of the Department;

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;

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

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



establish and convene a Disaster Resilience Assembly at the regional and
national levels which shall be held on a quarterly basis to ensure the
proactive engagement of different stakeholders, such as government
agencies, the Union of Local Authorities of the Philippines (ULAP), League of
Cities of the Philippines (LCP), League of Municipalities of the Philippines
(LMP), CSOs, NGOs, academe, DRRM practitioners, and the private sector,
to ensure and foster coordination and collaboration towards achieving the
goals of this Act. LGUs may convene local DRAs within their jurisdictions,
as necessary for the attainment of disaster resilience at the local level.

SEC. 38. Recognition and incentives. - The Department, in
partnership with the private sector, shall establish an incentives program that
shall recognize the outstanding performance of LDRO, 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 disasters subject to existing laws, rules and regulations.

Article VII
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC. 39. Standards for Disaster Preparedness Activitie:
a) The Department shall establish standards and protocols for disaster
preparedness, contingency planning, localizing and operationalizing
disaster risk reduction and management, preparedness for responding to
disasters and undertaking early recovery, continuity of essential services,

and other relevant preparedness activities.

b) 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 school
buildings and facilities as evacuation centers.

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

SEC. 40. MultiHazard Early Warning and Risk
Communication Standards. — 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. The Department shall formulate and implement multi-hazard early



warning protocols integrating all disaster preparedness system in collaboration
with local executives, community-based organizations, civil society
organizations, and other nongovernmental organizations for proper use and
application.

SEC. 41. Early Warning Mandate.

a) The Department shall issue an integrated early warning alert for the
impending occurrence of hazards that will enable the public to prepare in
time and act appropriately to minimize potential harm or loss.

b) The Department at the national and local level shall use an integrated
early warning system to ensure it is consistent and locally contextualized
with the communication protocol and safe evacuation procedure of the
affected communities. It 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 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”.

4) 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.
Any person who transmits early warning concerning the
abovementioned phenomena by means of signs in designs, colors,
lights, or sound shall do so in compliance with the methods recognized
or approved by the Department.

Article VIII
HUMANITARIAN ASSISTANCE

SEC. 42. 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 acceptance of humanitarian assistance donated
to the Department, consisting of, among others, food, clothing, medical
assistance, equipment, and materials for relief, recovery and other disaster
management activities, are hereby authorized in accordance with Sections
120 and 121 of Republic Act No. 10863, otherwise known as the “Customs
Modernization and Tariff Act (CMTA)’, and the prevailing provisions of the


General Appropriations Act covering national internal revenue taxes and
import duties of national and local government agencies.

SEC. 43. International Humanitarian Assistance. - The
Department, in consultation with the Bureau of Immigration and the Bureau
of Customs 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, andexemption from port duties, taxes, and restrictions.

SEC. 44, Assessment 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.

SEC. 45. 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;

) Food and Drug Administration;

f) Department of Agriculture;

g) Department of Energy;

h) Department of National Defense;

i) Philippine National Police;

j) Philippine Coast Guard;

k) Department of Transportation;

1) Department of Environment and Natural Resources; and
m) Bureau of Immigration.

SEC. 46. Request for International Humanitariiin 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 by specifically directed to
particular assisting international actors or may by a general request
directed to the international community.

SEC. 47. 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 Implementing Rules and Regulations
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.

SEC. 48, Humanitarian Relief for Human-Induced Disasters. —
The Secretary of the Department of Disaster Resilience shall have the authority to
provide humanitarian relief in the consequence management of human-induced
emergencies such as acts of terrorism, insurgency, fire, and other related human-
induced disasters.


Article IX
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES

SEC. 49. Offer and Facilitation of International Humanitarian
Assistance to Foreign States. -- In the event of a disaster occurring in a foreign
State for which international humanitarian assistance is required, the
Department, 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.

SEC. 50. 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 X
DECLARATION OF STATE OF CALAMITY

SEC. 51. Declaration of State of Calamity. - The Department
shall recommend to the President the declaration of a state of calamity, whether
in whole or part of an area, in case of an extraordinary disaster wherein the
repercussions on public safety and welfare are serious and far-reaching.

SEC. 52. Conditions for the Declaration of ii State of
Calamity. - The President shall declare a state of calamity when all of the
following requisites are present:
a) There is a grave, unforeseen, or sudden occurrence which demands
immediate action;
b) The occurrence was caused by a natural disaster;
c) The occurrence is likely to cause a threat to life and/or danger to property;
and
d) The declaration of astate of calamity shall cover a limited period only.

SEC. 53. Mandatory and Remedial Measures. -The declaration
ofa state of calamity shall allow the immediate implementation of any or all of the
following remedial measures:

a) Imposition of price ceiling on basic necessities and prime commodities by
the President upon the recommendation of the implementing agency as


provided for under Republic Act No. 7581, otherwise known as the “Price
Act”, or the National Price Coordinating Council;

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

c) Grant of tax credits or exemptions by the BIR, upon the recommendation
of the President or the Department; and

d) Use of alternative methods of procurement under Article XVI of Republic Act
(RA) two. 9184, otherwise known as the “Government Procurement Reform
Act’, its implementing rules and regulations (IRR) and other issuances of
the Government Procurement Policy Board by the Department, LGUs or
the relevant government instrumentalities in relation to the urgent
procurement of emergency works, goods and services to effectively respond
to, quickly respond to disasters, and build forward better.

Article XI
RECOVERY
SEC. 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 shall:

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

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

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

d) Employ outcome-driven planning and implementation;

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

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

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

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


Article XII
FUNDS AND RESOURCES

SEC. 55. Fund Regulations. - The DBM and COA shall establish
rules and regulations 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.

SEC. 56. LocalDisaster Resilience Fund andLocal Disaster
Contingency Fund. -LGUs shall annually set aside not less five percent (5%) of
their local budget, to constitute a Local Disaster Resilience Fund (LDRF). The
LGU shall use its LDRF to maintain and operate its LDRO to maintain the
officers, employees and staff of the LDRO, 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 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.

SEC. 57. Supplemental LDRF. - The Department may allocate
and disburse funds to supplement an LGU’s LDRF based on 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 LDRFs shall, as
much as possible, fill gaps or shortages in LGU resources toensure that LGUs can
implement disaster resilience measures such as, among others, implementing
their LDRP or Provincial LDRP, establishing their LDROs or PDROs, obtaining
and/or maintaining the necessary equipment and staffin their LDROs or PDROs,
and implementing the NDRF and the NDRPIP at the local levels.

SEC. 58. National Disaster Resilience Fund. —

a) The National Disaster Risk Reduction and Management Fund (NDRRM
Fund) created under Section 22 of Republic Act No. 10121, otherwise
known as the “Philippine Disaster Risk Reduction and Management Act of
2010”, appropriated under the annual General Appropriations Act is
hereby renamed as the National Disaster Resilience Fund (NDRF) and shall
be managed and controlled by the Department. The NDRF shall be used
for disaster risk reduction or mitigation, prevention, and preparedness
activities such as training of personnel, procurement of equipment, and
capital expenditures. It can also be utilized for relief, recovery,
reconstruction, and other work or services in connection with natural or
human-induced calamities which may occur during the budget year or


those that occurred in the past two (2) years from the budget year.

b) Thirty percent (30%) of the amount appropriated for the NDRF shall be
allocated as Quick Response Fund (QRF) or stand-by fund and shall also
be under the management and control of the Department. The QRF shall
be used for relief and recovery programs to quickly normalize the situation
and living conditions of people in communities or areas stricken by
disasters, calamities, epidemics, or complex emergencies, and other related
programs, projects and activities formulated at the national level.

SEC. 59. People’s Survival Fund. - The Secretary of the
Department shall be a member of the People’s Survival Fund Board mandated to
manage and administer the People’s Survival Fund created under Republic Act
No. 10174, otherwise known as the “Climate Change Act of 2009”, and facilitate its
utilization by LGUs, through ROs, to implement climate change adaptation
projects of LGUs, and equip vulnerable LGU communities against the impacts of
climate change.

SEC. 60. 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.

SEC. 61. Donations Management. -The Department shall have
the power to receive and manage donations from any person or entity, whether
from local or international sources. The importation by, and donation 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 Sections 120 and 121 of Republic Act No. 10863,
otherwise known as the “Customs Modernization and Tariff Act (CMTA)”, and the
prevailing provisions of the General Appropriations Act covering national internal
revenue taxes and import duties of national and local government agencies.

SEC. 62. Regulation of Donations. - The Department. shall
establish and operate a platform, including an online platform, to facilitate,
monitor, and provide public access to information on donations. To ensure
complete accounting and reporting of donations, the Department shall formulate
and issue rules and guidelines for the receipt, management and accounting of
donations, which are consistent with the rules on the use of foreign and local aid
during calamities and disasters issued by COA and other relevant government
agencies.


Article XIII

SPECIAL RULES ON BORROWING, TAXES, ECOZONES AND
PROCUREMENT

SEC. 63. Rules on Borrowing. - The LGUs shall coordinate with
the DOF, Bangko Sentral ng Pilipinas (BSP), and other relevant agencies to
access foreign loans to implement disaster prevention, mitigation, early recovery,
and rehabilitation measures at the provincial, city, or municipal level.

SEC. 64. Special Rules on Tax and Duties. -To facilitate prompt
and efficient response to, and/or recovery from disasters, the following shall be
granted special exemptions from existing taxation laws, rules, and regulations:

a) Foreign disaster assistance or international donations coursed through the
Department shall be exempted from taxes and import duties;

b) Local disaster assistance shall be exempted from donor's tax and allowing
the treatment of donations as a deductible expense for local disaster
assistance coursed through the Department;

©) Goods or services donated from abroad coursed through the Department
shall be exempted from the value added tax (VAT); and

d) Aid or assistance rendered by members of the private sector or their
investments in disaster resilience and climate change adaptation
measures for their residence, communities or businesses. LGUs may also
implement local tax rules which 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.

SEC. 65. Customs Duties and Tariffs on Donations. -The BOC
shall create rules which would, among others, hasten the processing and release
of donated goods and equipment to disaster victims and/or affected areas
pursuant to Sections 120 and 121 of Republic Act No. 10863, otherwise known
as the “Customs Modernization and Tariff Act (CMTA)”.

SEC. 66. Economic Recovery and Development of Disaster-
Prone Areas. —

a) The Department, in coordination with the Department of Trade and Industry
(DTI) and other relevant agencies, shall create and provide policies,
programs, and projects, such as, business tax relief and subsidies, to
encourage business investments, and to stimulate economic activities in
affected or disaster-prone areas.

b) The Department, in the 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 todevelop and promote investments
in affected or disaster-prone areas.

SEC. 67. Procurement. — The Department, ROs, or LGUs may
resort to any of the Alternative Methods of Procurement provided in RA No. 9184,
including Negotiated Procurement (Emergency Cases) under Section 53(b) of RA
No. 9184, in any of the following instances:
a) Incase of imminent danger to life or property during a state of calamity;
b) When time is of the essence arising from natural or man-made calamities;
and
c) Other causes where immediate action is:
i To prevent damage to or loss of life or property, or
ii. Restore vital public services, infrastructure facilities and other public
utilities. Furthermore, the Department, ROs, or LGUs may use
Shopping under Section 52(a) of RA No. 9184, when there is an
unforeseen contingency requiring immediate purchase.

SEC. 68. Alternative Modes of Procurement. —'The Department,
ROs, or LGUs may resort to any of the Alternative Methods of Procurement
provided in RA No. 9184, including but not limited to, Shopping and Negotiated
Procurement (Emergency Cases) under Sections 52(a) and 53(b) of RA No. 9184.
The Department, ROs, or LGUs may also use Framework Agreements in
accordance with the rules and regulations of the GPPB.

SEC. 69. Special Rules on Procurement for ReconstFuction
and Rehabilitation of Affected Areas. -

a) The GPPB 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 10ea1 or international sources,
the Department and the relevant government agencies shall provide less
bureaucratic restrictions, or exemption from, or reduction of, customs
duties.

SEC. 70. Procurement from Qualified Suppliers or Contractors.
—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 in
accordance with RA No. 9184, itsIRR and other issuances of the GPPB.

SEC. 71. Framework Agreements. - The Department shall have
authority to enter into Framework Agreements 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 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 RA No. 9184 and its 2016 IRR.

SEC. 72. 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 GPPB
shall issue appropriate resolutions, orders, and policies to effectively implement
the provisions of this Act.

Article XIV
DISASTER RISK TRANSFER AND INSURANCE

SEC. 73. Mandated Insurance Coverage. - To attain disaster
resilience and achieve the purposes of this Act, the Department shall have the
discretion and authority to require government agencies, government-owned and
controlled corporations (GOCCs), or LGUs to insure their assets and/or
properties such as, among others, vessels, vehicles, equipment, machineries,
permanent building, property stored therein, or properties in transit against
insurable risks and pay the premiums therefor, to compensate the Government,
GOCC or LGU, as applicable, for any damage to, or loss of, properties due to a
natural disaster.

Article XV
YOUTH ASSISTANCE AND PARTICIPATION

Sec 74. South Organization. — The Department, with assistance
of the National Youth Commission (NYC), shall create policies, projects, and


programs that address the special needs of the youth for disaster preparedness
and management which shall include, among others:

a) Supporting youth-oriented pre- and post-disaster activities;

b) Conducting disaster risk training and management programs involving the
youth; Coordinating with the Department of Education to create school
curricula or programs that educate and train children on disaster risk
awareness and disaster preparedness;

¢) Mobilizing youth organizations; and

d) Encouraging the participation of the youth, through the barangay youth
representative and the Sangguniang Kabataan (SK) to participate in
disaster resilience and disaster management activities.

SEC. 75. South Oriented Disaster Related Progra ts, Policies,
and Projects.

a) The Department, with the assistance of the National Youth Commission,
shall provide training on, and implement, response and rehabilitation
programs for the youth, including mental health and psycho-social
services.

b) The Department, in collaboration with the Department of Education
(DepEd), the Technical Education and Skills Development Authority
(TESDA) and other relevant agencies, shall integrate disaster risk and
disaster resilience education in the school curriculum.

SEC. 76. Comprehensive Emergency Program for Children,
Pregnant and Lactating Mothers. - The Department shall establish and
implement a comprehensive emergency program to provide emergency relief and
protection to children, and pregnant and lactating mothers in the event of a
natural disaster.

Article XVI
PROHIBITED ACTS AND PENALTIES

SEC. 77. 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 78 of this Act, without prejudice to the imposition of
other criminal, civil and administrative liabilities under existing laws.

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

1. Dereliction of duty which leads to destruction, loss oflives, critical


b)

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, thereby increasing the risk of disasters or adversely
affecting of disaster resilience;

»

Failure to expeditiously act on reported violations;

4. Failure to create LDRO(s) or PDRO(s) and appoint a permanent Local
or Provincial Disaster Resilience Officer within six (6) months from the
approval of this Act; and

5. Failure to prepare and implement an LDRP or PDRP, as applicable or a

contingency plan for hazards frequently occurring within their

jurisdiction.

Prohibited Acts of Public Officials and Private Persons or Institutions.

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

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

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

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 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 miss delivering 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 intended for or consigned to other rightful
recipient or consignee;

10. Misrepresenting the source of relief goods, equipment or other aid
commodities by:

() 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 person;


(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 ofa particular agency or person;

(iii) Making false verbal claim that the goods, equipment or other
and commodity in its untampered original containers actually came
from another agency or person or was released upon the instance of a
particular agency or person;

11. Substituting or replacing relief goods, equipment or other aid
commodities with the same items or inferior or cheaper quality;

12. Mlegal soliciting of relief goods, equipment or other aid commodities
by persons or organizations representing others as defined in the
standards and guidelines set by this Act’s IRR;

13. Deliberately using false or inflated data in support of the request
for funding, relief goods, equipment or other aid commodities for
emergency assistance or other projects; and

14. Tampering with or stealing hazard monitoring and disaster
preparedness equipment and paraphernalia.

SEC. 78. Penalties. Any individual, corporation, partnership,
association or other juridical entity that commits any of the prohibited acts in
the preceding Section shall be made liable for the following:

a) A fine of not less than One hundred thousand pesos (Php 100,000.00) or
not to exceed Five hundred thousand pesos (Php 500,000.00), or
imprisonment of not less than six (6) months and one (1) day nor more than
twelve (12) years, or both, at the discretion of the court, including perpetual
disqualification from public office if the offender is a public officer, and
confiscation or forfeiture in favor of the government of the objects and the
instrumentalities used in committing any of herein prohibited acts.

b) 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 the license
or accreditation issued to these entities by any licensing or accredited body
ofthe 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 the sentence.

©) If the offender is a public officer, the offense shall also be punishable by
administrative suspension of six (6) months and one (1) day to one (1) year
for the first offense, and dismissal from the service for the second offense.
The penalty of dismissal shall carry with it the cancellation of eligibility to



or forfeiture of retirement benefits, perpetual disqualification from holding
public office and disqualification from taking civil service examinations.
Acts committed in violation of this Section shall be without prejudice to the
imposition of other criminal, civil and administrative liabilities under other
existing laws.

SEC. 79. Liability for Unlawful Performance of Duties and
State Liability in Case of Defense Litigation. - In case a lawsuit is filed against
an officer or employee of the Department as a result of the performance of official
duties, and such performance was found to be lawful, the officer shall or employee
shall be reimbursed by the Department for reasonable costs of litigation. For
this purpose, the Department is authorized to procure the applicable liability
insurance for its officers and employees.

SEC. 80. Disciplinary Powers of the President. - The President,
upon the recommendation of the Department Secretary, shall impose
administrative sanctions against local chief executives and barangay officials for
willful or negligent acts performed in 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 delayed issuance of permits or failure to
implement local ordinances.

Article XVII
SPECIAL COURTS AND INJUNCTIONS

SEC. 81. 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
establish special courts to hear, try, and decide cases arising from the following,
among others:

a) Implementation of the government's policies, plans, programs, projects
and budge related tothe NDRPIP, LDRP, PDRP, other disaster resilience
activities, or pursuant to the provisions of this Act;

b) Construction of new settlements, or relocation of informal settlers or
settlements, to promote disaster resilience;

) Expropriation, eminent domain or right-of-way issues relating to the
implementation of disaster resilience projects;

d) Failure to comply with standards for disaster preparedness and continuity
planning, including, but not limited to infrastructure standards and
designs;

e) Declaration of state of calamity under Article X of this Act;


f) Imposition of tax, customs duties, or the implementation of tax relief,
exemptions, reductions and other tax or customs rules and regulations
in relation to donations, disaster assistance, or other tax policies
implemented by the BIR or BOC pursuant to the provision of this Act;

g) Commission of prohibited acts under Article XVI of this Act;

h) Disputes involving donations, relief goods, or contracts executed or
implemented pursuant to the provisions of this Act; and

i) Other matters relating to achieving the purposes of this Act which the
Supreme Court may determine as falling under the jurisdiction of the
special courts created pursuant to this Section.

SEC. 82. 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 ROs;

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 the IRR of this Act.

SEC. 83. Special Prosecutors. -The Ombudsman shall designate
special prosecutors to handle and prosecute violations of s Act involving
public officials and employees.

SEC. 84. Imposition of Temporary Restraining Order. - No
Court, except the Supreme Court, shall have the powers 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 XVIII
FINAL PROVISIONS
SEC. 85. Transfer. -

a) The disaster risk reduction and management powers, functions, assets,
personnel, Fund and appropriations of the Office of Civil Defense (OCD)
currently under the DND, are hereby transferred to the Department, and
the civil defense functions shall remain with the DND. The existing
organizational and administrative systems and processes of the OCD, as


transferred, shall serve as the core organization of the Department.

b) The applicable powers, functions, funds and appropriations of the Disaster
Response Assistance and Management Bureau and the National
Resource and Logistics Management Bureau under the DSWD, are hereby
transferred to the Department.

c) The NDRRMC is 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 consequence management of human-
induced disasters, as provided for by existing laws.

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

SEC. 86. Coordination and Convergence with the Climate
Change Commission. - The Department, and the Climate Change Commission,
pursuant toits mandate under Republic Act No. 9729, asamended, shall establish
and implement a convergence mechanism to facilitate coordination on the
following areas:

a) Conduct of current and future climate and disaster risk assessment as
basis for sustainable development and resilient investment planning and
programming at the national, sectorial, and local levels;

b) Establishment of a National Integrated Climate and Disaster Risk
Information System, a singular platform for integrating and sharing
climate and disaster risk information;

c) Development and implementation of capacity-building and technical
assistance programs for local government units and stakeholders on
climate change adaptation and disaster risk reduction;

d) Monitoring and evaluation of progress of implementation of national,
sectorial, and local plans and programs on climate change adaptation and
disaster riskreduction; and

) Development of knowledge exchange platforms and implementation of
information, education, and communication program, including good
practices on Climate Change Adaptation and Disaster Risk Reduction

SEC. 87. Transitory Provision. -The transfer of 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 two (2) years from the effectivity of this Act, during which
time the existing personnel shall continue to assume their posts in holdover
capacities until new appointments are issued: Provided, That, after the abolition of
the agencies as specified in Section 85 of this Act, the Department, in
coordination with the DBM, shall evaluate, abolish old and/or create new
positions.

SEC. 88. Interdepartmental Relations and Coordination. ~The
DDR shall continuously call upon the following departments: (a) DOST for the
Philippine Atmospheric, Geophysical and Astronomical Services Administration
(PAGASA) and Philippine Institute of Volcanology and Seismology (PHIVOLCS);
(b) DENR for the Geohazard Assessment and Engineering, Geology Section of the
Mines and Geosciences Bureau (MGB); (c) DOH for the Health Emergency
Management Bureau (HEMB); and (d) DILG for the Bureau of Fire and protection:
Provided, That DDR and these department shall establish system and protocols
for fostering interdepartmental relation and close coordination, through
sustained sharing of data information technology, facilities, and other resources
critical to DDR, in anticipation of, during and as necessary in the determine of
the DDR Secretary, and perform agency mandates in close coordination with
DDR as circumstances warrant in the aftermath of emergencies and disaster:
Provided, finally, That PAGASA, PHIVOLCS and Geohazard unit of the MGB shall
provide staff augmentation to DDR Operations Center as the need arises.

SEC. 89. Transfer of Resources. - The Transfer of powers and
function of agencies listed in Section 85 shall include the corresponding funds
and appropriation, Plantilla positions, records, equipment, facilities, and
properties of such agencies, subject to the power of the Department to reorganize
or reallocate the resources and position from such agencies, as may be necessary
to attain the objectives of this Act.

SEC. 90. Program Management Office for the Earthquake
Resiliency of the Greater Metro Manila Area. - The Program Management
Office for the Earthquake Resilience of the Greater Metro Manila Area (PMOERG),
as created pursuant to Executive Order No. 52, s. 2018, shall be transferred to
the Department under the supervision and control of the Secretary and shall
continue to exercise its mandated functions.

SEC. 91. Post-Disaster Shelter.- The Department shall establish
a post-disaster shelter recovery policy framework for low-income or informal
settler families, with the assistance if the appropriate housing agencies and the
concerned LGUs. It shall, among others, determine the appropriate shelter
modalities depending in the following post-disaster phases: emergency,


temporary or transitional, and permanent. The Department shall likewise
identify, assess and designated safe zones where the appropriate shelter shall be
build.

SEC. 92. Cultural Heritage. - To protect, preserve, and promote
the nation’s historical and culture heritage, the Department shall assist the
appropriate cultural agencies and the appropriate LGUs to give priority
protection and restoration to all nation cultural treasures or national historical
landmarks, site or monuments in post-disaster recovery or rehabilitations
measures.

SEC. 93. Indigenous People. —

a) The Department shall, with the assistance of the National Commission on
Indigenous People (NCIP) and the concerned LGUs, devise and implement
mechanisms that foster social protection for indigenous communities that
are vulnerable to the effects of natural disasters.

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

c) In ancestral domains which 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 or IPs and, as much as possible,
engage such ICCs or IPs in jointly formulating a disaster resiliency plan for
their ancestral domain.

SEC. 94. Livelihood. - The Department shall, with the assistance
of the relevant government agencies, such as the DTI and Department of Labor
and Employment (DOLE), establish policies and programs to restore and/or
generate livelihood in areas affected by natural disasters.

SEC. 95. Structural Audit of Government Buildings. - The
Department, with the assistance of the DPWH and other relevant government
agencies and stakeholders, shall ensure and conduct structural audit, as often
as necessary, on government buildings, especially those located in congested and
disaster-prone areas, to ensure structural integrity and disaster risk of urban
buildings and to prevent the loss of life and property in the event of an anticipated
natural disaster.


SEC. 96. 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 Science and
Technology Personnel in the Government”; and Republic Act No. 7305, otherwise
known as the “Magna Carta of Public Health Workers”; and Republic Act No. 9433,
otherwise known as the “Magna Carta for Public Social Workers”.

SEC. 97. Hazard Pay. — Qualified personnel of the Department
and the local disaster resilience offices are entitled to receive hazard pay, subject
to existing policies and guidelines,

SEC. 98. Separation Benefits of Officials anal Employees of
Affected Agencies. - Public sector employees who have been displaced or
separated from the service pursuant to reorganization under this Act shall be
entitled to separation pay, retirement and other benefits in accordance with
Republic Act No. 6656 or the Government Reorganization Law, and other laws,
and rules and regulations issued by the Civil Service Commission on
government reorganization. In no case shall there be any diminution of benefits
under the separation plan until the full implementation of this Act. Employees
who shall be displaced or separated as a result of the implementation of this Act
shall be given preference for appointment in the Department and in other
government agencies if they meet the qualification requirements of the positions.
No new employees shall be considered for appointment until all incumbent
employees have been placed. The placement of an incumbent employee to a
higher position which constitutes a promotion shall not be allowed until all
incumbent employees have been placed to comparable positions for which they
are considered.

SEC. 99. Appropriations. — The amount necessary for the initial
implementation of this Act shall be taken from the current fiscal year’s
appropriations of all agencies herein absorbed, and transferred 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.

SEC. 100. Implementing Rules and Regulations. - The
Department, DBM, GPPB, DND, DOF, DILG, DOST, NEDA, DSWD, CSC, and
the Career Executive Service Board (CESB), the House and Senate Committees
on Government Reorganization, and representatives from relevant government
agencies, academe, business sector, nongovernment organizations, and civil
society organizations shall prepare and issue the implementing rules and
regulations (IRR) to implement this Act within ninety (90) days from its effectivity.


SEC. 101. 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) members
of the Senate 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.

The Joint Congressional Oversight Committee on Disaster Resilience
shall be assisted by a secretariat to be composed by personnel under secondment
from the Senate and the House of Representatives and may retain consultants.

SEC. 102. Mandatory Review. - Within five (5) years after the
effectivity of this Act, or asthe need arises, the Congressional Oversight Committee
shall conduct a systematic evaluation of the accomplishments and impacts of this Act,
as well as the performance, and organizational structure of the Department, for
purposes of determining remedial legislation.

SEC. 103. 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.

SEC. 104. 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.

SEC. 105. Repenting Clause. — The provisions of Republic Act No.
10121, otherwise known as the “Philippine Disaster Risk Reduction and Management
Act of 2010”; Republic Act No. 7160, otherwise known as the “Local Government Code
of 1991”; Republic Act No. 7916, otherwise known as “The Special Economic Zone
Act of 1995”; and all other laws, decrees, executive orders, proclamations and other
executive issuances, which are not consistent with or contrary to the provisions of
this Act, are hereby repealed or amended.

SEC. 106. Effectivity. -This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,