Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS “NICK” C. ENCISO VIII 
EXPLANATORY NOTE 
The Philippines is described as "ground zero for climate disaster”. The World Bank 
identified the country as one of the world's most "vulnerable" countries in terms of 
susceptibility to natural disasters attributed to climate change. The Philippines was 
ranked the 17th most climate-vulnerable country in the 2021 Global Climate Risk 
Index (CRI) 2021.1 
With about 20 tropical cyclones annually on average, its impact has caused loss of 
lives, homes, and livelihood. This was further aggravated by the drastic effects of 
climate change specified by the world and local scientists. The deadliest storm on 
record is Typhoon Haiyan, known locally as Typhoon Yolanda, which was 
responsible for more than 6,300 lost lives with over four million displaced citizens, 
and $2 billion in damages in 2013. 
Climate change is thus considered a national security risk as it endangers the safety 
of the Filipino people, food supply, and economic stability. Statistics show that 62% 
of Filipinos live in coastal municipalities and 50% of those 1,490 municipalities are 
vulnerable to storms and typhoons. Over 13 million Filipinos are at risk of losing 
their homes due to rising sea levels and in recent years, natural disasters have cost 
our country Php 191 billion. To minimize the effects of climate change, we must fully 
understand our vulnerability and thus develop resilient solutions. 
At present, the country has two significant legislation concerning climate change, 
namely, the Philippine National Disaster Risk Reduction and Management Act of 
2010 and the Climate Change Act of 2009. However, these laws need to be 
correlated and strengthened to achieve a common purpose. Climate change and 
disaster risk reduction and management (DRRM) are closely interrelated and an 
effective DRRM will enhance adaptive capacity to climate change, climate 
variability, and extreme climate events. 
1 https://cpbrd.congress.gov.ph/2012-06-30-13-06-51/2012-06-30-13-36-50/1291-ff2021-09-global-
climate-risk-index-2021 
August 23, 2022
2:00 pm
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With these premises, this bill seeks to create an accountable, independent, focused, 
and specialized single government agency to be known as the Department of 
Climate Change. It will function not only after the occurrence of disaster, but will 
work all year round to build the country's capacity and management of climate 
change; to strengthen the planning, execution and financing framework for climate 
change; to enhance leadership and accountability through monitoring, evaluation 
and review of climate change policies and activities; and to ensure effective 
mechanism even before disaster strikes.  
 
In addition, this bill aims to merge the function of the National Disaster Risk 
Reduction and Management Council, the Office of the Civil Defense, and the 
Climate Change Commission. Under the principle of administrative convenience, the 
efficiency of the delivery of frontline services is enhanced through the creation of a 
full-fledged department which is mandated to implement programs and projects with 
a holistic approach. The Philippine Atmospheric, Geophysical and Astronomical 
Services Administration (PAG-ASA) and the Philippine Institute of Volcanology and 
Seismology (PHIVOLCS) are also proposed to be under the supervision of the 
Department. 
 
Further, this bill also seeks to emphasize the importance of climate change 
resiliency and adaptation measures such as building flood defenses and raising the 
levels of dykes, developing drought-tolerant crops, choosing tree species and 
forestry practices less vulnerable to storms and fires, and stabilization of 
greenhouse gas concentrations and the like. Due to the varying severity and nature 
of climate impacts in different areas of the country, most adaptation initiatives will be 
taken at the regional or local levels. 
 
As declared in Section 5, Article II of the 1987 Constitution, the protection of life and 
the promotion of the general welfare are essential for the enjoyment by all the 
people of the blessings of democracy. It is with this premise that the State must 
ensure appropriate and timely interventions to curb the continuing and alarming 
effects of climate change on our people and resources.   
 
Thus, the immediate approval of this bill is earnestly sought. 
 
 
 
 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.             MIGUEL LUIS R. VILLAFUERTE   
 
 
 
 
TSUYOSHI ANTHONY G. HORIBATA 
 
 
NICOLAS “NICK” C. ENCISO VIII 
 
 
 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS “NICK” C. ENCISO VIII 
AN ACT 
CREATING THE DEPARTMENT OF CLIMATE CHANGE, APPROPRIATING 
FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. — This Act shall be known as the "Department of Climate 
Change Act". 
SECTION 2. Declaration of Policy. — It is the policy of the State to afford full 
protection and advancement of the right of the people to a healthful ecology in 
accord with the rhythm and harmony of nature and to promote a simplified, strategic, 
systematic, continuous, comprehensive, inclusive, and integrated approach to 
climate change and ultimately preventing or deterring the loss of lives and the 
social, economic, cultural, and environmental assets of the country. 
SECTION 3. Definition of Terms. — For purposes of this Act, the following shall 
refer to: 
(a)
Adaptive capacity means the ability of ecological, social or economic systems
to adjust to climate change including climate variability and extremes, to
moderate or offset potential damages and to take advantage of associated
opportunities with changes in climate or to cope with consequences thereof.
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(b) 
Anthropogenic causes mean causes resulting from human activities or 
produced by human beings. 
(c) 
Climate Change means a change in climate that can be identified by changes 
in the mean and/or variability of its properties and that persists for an extended 
period typically decades or longer, whether due to natural variability or as a 
result of human activity. 
(d) 
Climate Change Adaptation (CCA) means adjustment in natural or human 
systems in response to actual or expected climatic stimuli or their effects, 
which moderates barn or exploits beneficial opportunities. 
(e) 
Climate Finance means resources that have been allocated or may be utilized 
towards the climate change adaptation and mitigation requirements of the 
country and its vulnerable communities. 
(f) 
Climate Variability means variations in the average state and in other statistics 
of the climate on all temporal and spatial scales beyond that of individual 
weather events. 
(g) 
Climate Risk means the product of climate and related hazards working over 
the vulnerability of human and natural ecosystems. 
(h) 
Contingency Planning means 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; 
(i) 
Disaster means a serious disruption of the functioning of a community or a 
society involving widespread human, material, economic or environmental 
losses and impacts, which exceeds the ability of the affected community or 
society to cope using its own resources; 
(j) 
Disaster Risk Reduction and Management (DRRM) means the systematic 
process of using administrative directives, organizations, and operational skills 
and capacities to implement strategies, policies and improved coping 
capacities in order to lessen the adverse impacts of hazards and the possibility 
of disaster. Prospective Disaster Risk Reduction and Management refers to 
risk reduction and management activities that address and seek to avoid the 
development of new or increased disaster risks, especially if risk reduction 
policies are not put in place. 


(k) 
Geographic Information System means a database which contains, among 
others, geohazard assessments, information on climate change, climate 
change adaptation and climate risk reduction and management; 
(I)  
Gender Mainstreaming means strategy for making the concerns and 
experiences of women as well as those of men an integral dimension of the 
design, implementation, monitoring, and evaluation of policies and programs in 
all political, economic, environmental or ecological and societal spheres so that 
women and men benefit equally, and inequality is not perpetuated. It is the 
process of assessing the implications for women and men of any planned 
action, including legislation, policies, or programs in all areas and at all levels. 
(m)  Global Warming means the increase in the average temperature of the Earth's 
near-surface air and oceans that is associated with the increased 
concentration of greenhouse gases in the atmosphere. 
(n) 
Government means the National Government or any of its subdivisions, 
agencies or instrumentalities, including government-owned and controlled 
corporations and their subsidiaries, and Local Government Units. 
(o) 
Greenhouse effect means the process by which the absorption of infrared 
radiation by the atmosphere warms the Earth. 
(p) 
Greenhouse Gases (GHG) means constituents of the atmosphere that 
contribute to the greenhouse effect including, but not limited to, carbon dioxide, 
methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur 
hexafluoride. 
(q) 
Humanitarian means one devoted to the promotion of human welfare and the 
advancement of social reform. 
(r) 
Mainstreaming means the integration of policies and measures that address 
climate change into development planning and sectoral decision-making. 
(s) 
Mitigation in the context of climate change, means human intervention to 
reduce anthropogenic emissions sources and enhance removals by sinks of all 
CHG, including ozone-depleting substances and their substitutes. 
(t) 
Mitigation potential means the scale of GHG reductions that could be made, 
relative to emission baselines, for a given level of carbon price (expressed in 
cost per unit of carbon dioxide equivalent emissions avoided or reduced). 


(u) 
Sea level rise means an increase in sea level which may be influenced by 
factors like global warming through expansion of sea water as the oceans 
warm and melting of ice over land and local factors such as land subsidence. 
(v) 
State of Calamity means a condition involving mass casualty and/or major 
damages to property, disruption of means of livelihoods, roads and normal way 
of life of people in the affected areas as a result of the occurrence of natural or 
human-induced hazard. 
(w)  Vulnerability means the degree to which a system is susceptible to, or unable 
to cope with, adverse effects of climate change, including climate variability 
and extreme climate events. Vulnerability is a function of the character, 
magnitude, and rate of climate change and variation to which a system is 
exposed, its sensitivity, and its adaptive capacity. 
 
CHAPTER 1 
DEPARTMENT OF CLIMATE CHANGE 
SECTION 4. Department of Climate Change. — In order to carry out the above-
declared policy, there is hereby created the Department of Climate Change, 
hereinafter referred to as the Department, which shall prepare, integrate, coordinate, 
supervise and control all plans, programs, projects and activities of the Government 
relative to mainstreaming of climate change, DRRM and CCA. 
 
SECTION 5. Powers and Functions. — The Department shall assume the powers 
and functions of the National Disaster Risk Reduction and Management Council 
(NDRRMC) and the Office of the Civil Defense (OCD) under Republic Act No. 
10121. The Department shall also assume the powers and functions of the Climate 
Change Commission (CCC) under Republic Act No. 10174 
All references to the powers and functions of the NDRMMC, OCD and CCC shall be 
understood to refer to the Department created under this Act. 
 
SECTION 6. Composition. — The Department shall be composed of the Office of 
the Secretary and the Offices of the Undersecretaries and Assistant Secretaries, 
and the bureaus and services of the Department. 
 


SECTION 7. Office of the Secretary. — The Office of the Secretary shall consist of 
the Secretary and his/her immediate staff. 
 
SECTION 8. The Secretary. — The Secretary shall be appointed by the President, 
subject to confirmation by the Commission on Appointments. 
The Secretary shall have the following powers and functions: 
(a) 
Advise the President in issuing executive orders, regulations, proclamations 
and other issuances, the promulgation of which is expressly vested by law in 
the President relative to matters under the jurisdiction of the Department; 
(b) 
Coordinate and synchronize climate change programs in consultation with 
local government units and other stakeholders; 
(c) 
Formulate strategies for mitigating GHG emissions, anthropogenic sources 
and enhance removal by sinks; 
(d) 
In coordination with the Department of Foreign Affairs, represent the 
Philippines in the climate change negotiations, constitute and lead the 
Philippine panel of negotiators to the UNFCCC and the formulation of official 
Philippine positions on climate change negotiation issues, and decision areas 
in the international negotiation arena; 
(e) 
Formulate and update guidelines for determining vulnerability to climate 
change impacts and adaptation assessments and facilitate the provision of 
technical assistance for their implementation and monitoring; 
(f) 
Facilitate capacity building for local adaptation planning, implementation and 
monitoring of climate change initiatives in vulnerable and marginalized 
communities and areas; 
(g) 
Promote and provide technical and financial support to local research and 
develop merit programs and projects in vulnerable and marginalized 
communities and areas; 
(h) 
Oversee the dissemination of information on climate change, local 
vulnerabilities and risks, relevant laws and protocols and adaptation and 
mitigation measures; 
(i) 
Exercise direct supervision and control over all functions and activities of the 
Department, as well as all its officers and personnel; and 
(j) 
Perform such other functions as may be necessary for the effective 
implementation of this Act. 


 
SECTION 9. The Undersecretaries. — The Secretary shall be assisted by three (3) 
Undersecretaries who shall be appointed by the President upon recommendation of 
the Secretary. They shall have the powers and functions as provided for in Section 
10, Chapter 2, Book IV of the Administrative Code of 1987. 
 
The Office of the Undersecretaries shall consist of the Undersecretaries and their 
respective immediate staff. 
 
SECTION 10. Assistant Secretaries. — The Secretary shall also be assisted by 
three (3) Assistant Secretaries, one (1) for operations, one (1) for policy, and one (1) 
for administrative services. The Assistant Secretaries shall be appointed by the 
President upon the recommendation of the Secretary. 
 
SECTION 11. Qualifications. — No person shall be appointed Secretary, 
Undersecretary, or Assistant Secretary of the Department, unless he/she is a citizen 
and resident of the Philippines, of good moral character, and of proven experience 
or competence/expertise in any of the following fields: (I) climate change by virtue of 
educational background, training and experience; (2) humanitarian emergency and 
disaster management; (3) public administration and (4) environmental law. The 
Secretary, Undersecretary, or Assistant Secretary shall not hold any other position, 
public or private, during his/her tenure. 
 
SECTION 12. Bureaus and Services. — Subject to the power of the Secretary, 
with the approval of the President, to reorganize, restructure, and redefine the 
functions of the bureaus and services for the effective discharge of the powers and 
functions of the Department under this Act, the Department shall have the following 
bureaus and service: 
(a) 
Bureau of Climate Change Adaptation; 
(b) 
Bureau 
of 
Disaster 
Risk 
Reduction 
and 
Management;  
(c) 
Bureau of Humanitarian Emergency Relief Operations; and 
(d)  
Bureau of Administration and Finance. 
 


SECTION 13. Powers and Functions of the Bureaus and Service. — The 
bureaus and service shall have the following powers and functions: 
(a)  The Bureau of Climate Change Adaptation shall assist the Secretary in the 
formulation of policies, programs and plans related to CCA and climate change 
resiliency. In particular, it shall take the lead in: 
i.  
Closely coordinating with the Department of Agriculture in developing 
climate-resilient crops and agro-forestry livelihood programs in relation to 
climate smart agriculture; 
ii. 
Developing and closely coordinating with local government units in 
creating climate smart communities; 
iii. 
Developing 
inter-departmental 
collaboration 
with 
Department 
of 
Environment and Natural Resources (DENR) for water and natural 
resources, Department of Energy (DOE) for renewable energy, 
Department of Transportation (DOTr) for low carbon transportation and 
Department of Tourism (DOT) for sustainable tourism; 
iv. 
Fortifying global support for the Vulnerable 20 (v20) by establishing a 
Disaster Response Fund to be funded top 20 greenhouse emitters, 
exchanging best practices on economic and financial aspects of climate 
action; 
v.  
Mainstreaming and integrating CCA in all national, sectoral, regional and 
local development policies, plans and budgets, relating to environmental 
protection, including, but not limited to, those for land use and natural 
resource management, enforcement and updating of all national 
legislation relating to modification of infrastructure towards resiliency; and 
vi.  
Such other functions relevant to its mandate to formulate climate change 
adaptation policies. 
 
(b) 
The Bureau of Disaster Risk Reduction and Management shall assist the 
Secretary in the formulation of policies, programs, and plans related to disaster 
prevention and mitigation. In particular, it shall take the lead in: 
i.  
Making an inventory and checklist of all personnel, equipment, and 
supplies critical during disasters in all local government units, in 
accordance with protocols and contingency plans, and endeavoring that 


the same be provided to the local government unit within a period of 
twelve (12) months upon the passage into law of this Act; 
ii.  
Conducting a review of the National Building Code and Fire Code of the 
Philippines, together with the relevant government department, and 
submitting 
the 
results 
thereof 
to 
the 
Senate 
and 
House 
of 
Representatives of the Philippines, with a view of developing legislation 
which seeks to strengthen infrastructure in line with disaster prevention 
and mitigation; 
iii.  
Developing, updating, and maintaining a national geographic information 
system which shall be the basis of national, regional, and local disaster 
protocols and contingency plans, which shall be under the control and 
custody of the Department; The same shall also be maintained at all local 
government units, as possible; 
iv.  
Developing and implementing community-based and scientific DRR- CCA 
hazard assessment, mapping, analysis and monitoring; 
v.  
Establishing 
barangay-level 
disaster 
preparedness 
and 
closely 
coordinating with the concerned local government unit; 
vi.  
Developing and identifying vulnerable communities for relocation and 
other related purposes; 
vii.  Establishing disaster risk financing, insurance, and other risk transfer 
mechanisms at the community level; 
viii.  Establishing, developing and improving the end-to-end monitoring and 
forecasting of hazards, including early warning systems and practices; 
and 
ix.  
Such other functions relevant to its mandate of disaster prevention and 
mitigation. 
 
(c) 
The Bureau of Humanitarian Emergency Relief Operations shall assist the 
Secretary in the formulation and implementation of policies, programs, and 
plans related to disaster response. In particular, it shall take the lead in the 
following activities, in primary coordination with the local government unit/s 
concerned: 
i.   
Establishing and implementing a comprehensive, well-coordinated, 
effective and efficient Disaster Response Action Plan (DRAP) for every 


humanitarian emergency or disaster, with the primary goal of preventing 
or deterring the loss of lives, property and livelihood; 
ii. 
Developing and implementing an integrated and coordinated system of 
search, rescue and retrieval (SRR), and evacuations procedure; 
iii. 
Establishing a mechanism to ensure the prompt and accurate 
assessment of damage in disaster areas, including, but not limited to, the 
loss of lives, bodily injuries, damages to infrastructure and public 
facilities, and the destruction of social, economic, cultural, and 
environmental assets; 
iv.  
Establishing a mechanism to ensure the prompt and accurate 
assessment of humanitarian needs in disaster areas, including, but not 
limited to, food, nutrition, health, clothing, shelter, livelihoods, water, 
sanitation, hygiene, protection, and the preservation of peace and order; 
v. 
Identifying standard-based relief shelters and sites for internally displaced 
persons, as well as developing and implementing of a set of minimum 
standards for such temporary shelters; 
vi.  
Supplementing the efforts of the local government unit concerned in 
providing basic social services, livelihood-oriented activities and 
psychosocial interventions to the affected population, whether inside or 
outside temporary shelters; and 
viii. Such other functions relevant to its mandate of disaster response.  
                        
In case there is total or considerable breakdown of authority resulting from the 
humanitarian emergency or disaster, which requires response that goes beyond the 
mandate or capacity of the local government unit/s concerned, the Bureau shall, with 
prior authorization from the Department, directly formulate, implement, manage, and 
coordinate all disaster response activities. In such case, the Department shall be 
possessed with the power to call upon other agencies and instrumentalities of 
government, and neighboring local government units, to augment, supplement 
and/or implement disaster response efforts. Further, the authority of the Bureau shall 
be provided, described, and limited in the authorization. 
 
(d) 
The Bureau of Administration and Finance shall be composed of the Office of 
the Legal Counsel and the Financial and Management Office. The Office of the 


Legal Counsel shall be responsible for providing legal services and advice on 
all policies, programs, and operational matters of the Department. It shall 
provide legal counseling services in cases where the Department is a party 
and shall also handle administrative cases against any personnel of the 
Department and submit recommendations pertaining thereto. 
 
The Financial and Management Office, which shall consist of the Human Resources 
Management Division, General Services Division, and the Finance Division, shall be 
responsible for providing the Department with services relative to personnel 
information, records, supplies, equipment, collection and disbursements, security, 
and custodial work. It shall also be responsible for providing the Department with 
staff advice and assistance on budgetary, financial, and management improvement 
matters. 
 
CHAPTER 2 
ATTACHED AGENCIES AND COORDINATION WITH 
OTHER GOVERNMENT DEPARTMENTS 
SECTION 14. Relationship with other government departments. — In the 
discharge of their respective responsibilities, the Department's bureaus shall 
coordinate with the relevant Government departments, agencies, offices and 
instrumentalities, whose powers and functions are relevant to each bureau's 
respective focus area. 
 
SECTION 15. Coordination with other government entities. — The Secretary is 
hereby empowered to constitute, call, convene, meet with, and/or deputize agencies 
of government, or an aggrupation or cluster thereof, to assist, advise or otherwise 
coordinate 
with 
the 
Secretary. 
The 
representatives 
from 
the 
civil 
society/nongovernmental organizations and the private sector may also be included, 
as necessary, as members of the coordination mechanism called for by the 
Secretary. 
 
SECTION 16. Attached agencies. — The Philippine Atmospheric, Geophysical and 
Astronomical Services Administration (PAG-ASA) and the Philippine Institute of 
Volcanology and Seismology (PHIVOLCS) are hereby placed under the supervision 


of the Department; Provided, however, that they shall continue to perform their 
respective functions as provided by law. 
 
CHAPTER 3 
TRANSITORY PROVISIONS 
SECTION 17. Abolition of Agencies. — The Office of the Civil Defense (OCD) and 
the Climate Change Commission (CCC) are hereby abolished subject to Section 13 
of this Act. 
 
SECTION 18. Transfer of Rights, Assets, and Liabilities. — The Department 
shall, by virtue of this Act, be subrogated to all the rights and assume all the 
liabilities of the Office of the Civil Defense (OCD) and the Climate Change 
Commission (CCC), and all other agencies, or government units whose functions 
and powers have been transferred to the Department, and all their funds, records, 
property, assets, equipment, and such personnel as necessary, including 
unexpended appropriations and/or allocations. All contracts and liabilities of said 
offices, agencies, and government units 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: Provided, That the officers and 
employees of said offices, agencies, and government units shall continue in a 
holdover capacity until such time as the new officers and employees of the 
Department shall have been duly appointed pursuant to the provisions of this Act. 
 
SECTION 19. Structure and staffing pattern. — The organizational framework 
and staffing pattern of the Department shall be prescribed and approved by the 
Secretary within sixty (60) days after the approval of this Act and the authorized 
positions created therein shall be filled by regular appointments by the President or 
the Secretary as the case may be; Provided, That, in the filling of positions created, 
preference shall be given to the personnel of the Office of Civil Defense and the 
Climate Change Commission. 
 
SECTION 20. Separation from service. — Employees separated from the service 
as a result of this reorganization shall, within six (6) months from their separation 


from the service, receive the retirement benefits to which they may be entitled under 
existing laws, rules, and regulations. 
 
SECTION 21. Appropriations. — The amount needed for the initial implementation 
of this act shall be taken from the current year's appropriations of the National 
Disaster Risk Reduction and Management Council, the Local Disaster Risk 
Reduction and Management Councils, and the Office of Civil Defense. Thereafter, 
the amount needed for the operation and maintenance of the Department and its 
Line Agencies shall be included in the annual General Appropriations Act. 
 
CHAPTER 5 
MISCELLANEOUS PROVISIONS 
SECTION 22. Visitorial Powers. — The Secretary of the Department and/or his/her 
authorized representative shall have visitorial and examining authority over 
governmental and non-governmental entities engaged in DRRM and CCA efforts to 
ensure that all funds, donations due to the Government have been actually collected 
or delivered. 
 
During such examination, the entity concerned shall produce all the reports, records, 
books of accounts, and other papers that may be required. 
 
The refusal by any such entity to allow an examination of its books of accounts and 
pertinent records, or the concealment of any material information concerning its 
financial status, shall constitute a legal ground for the cancellation of its registration, 
and the revocation of all tax-exemption privileges and other benefits granted to it by 
law, in the case of a non-governmental entity, or the institution of any proper legal 
action against the erring official concerned, in case of a governmental entity. 
 
SECTION 23. Stand-by arrangements with the private sector. — At any time, the 
Secretary of the Department shall have the power to negotiate, enter into, 
institutionalize, and coordinate arrangements with any private person, natural or 
juridical, for the purpose of ensuring the adequate, prompt, and ready availability of 
all goods and services, necessary for disaster response, for as long as the 
emergency circumstances require, to be deployed before, during, and after an 


emergency or disaster, subject to the payment of just compensation in appropriate 
cases. 
 
SECTION 24. Commandeering private property for public purpose. — The 
Secretary of the Department shall have the power to commandeer any private 
property for urgent public purpose, subject to payment of just compensation in 
appropriate cases, when there is a clear and present danger that a disaster or 
humanitarian emergency would cause imminent loss of lives and/or the massive 
destruction of property, and time is of the essence. The commandeering powers 
shall last no longer than necessary or for as long as the circumstances require. 
 
The refusal by any such person or entity to be commandeered shall constitute a 
legal ground for the cancellation of its registration, if any, and the revocation of all 
tax exemption privileges and other benefits granted to it by law, in the case of a 
nongovernmental entity, or the institution of any proper legal action against the 
erring official concerned, in case of a governmental entity. In addition, the official of 
the establishment, institution, or functionality shall be subjected to a fine and/or 
imprisonment as provided in Section 21 of this Act. 
 
SECTION 25. Declaration of State of Calamity. — Whenever warranted by 
circumstances, the Department shall recommend to the President of the Philippines 
the declaration of a state of national calamity and the lifting thereof. It shall also 
have the power to, motu proprio, declare a cluster of barangays, municipalities, 
cities, provinces, and regions under a state of calamity, and the lifting thereof, based 
on the criteria set by the Department. The President's declaration shall entail access 
to international humanitarian assistance, as deemed necessary. 
 
The declaration and lifting of the state of calamity shall be based on the results of 
the damage assessment and needs analysis. The causes, effects and incidents of 
the calamity and the need for the declaration shall be specified. 
 
SECTION 26. Emergency and contingency powers. — Whenever it becomes 
necessary, the Department Secretary, subject to the chain of command and with the 
consent of the President, may call out the Armed Forces of the Philippines and/or 


the Philippine National Police to prevent or suppress lawless violence, and to 
ensure the protection and preservation of life and/or properties, in the whole range, 
of disaster risk reduction and management. 
 
In times of disasters, and whenever warranted by the circumstance, the Department 
Secretary may call upon other instrumentalities or entities of the government, 
nongovernment and civic organizations 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 authority includes 
the power to call on the reserve force as defined in Republic Act No. 7077 to assist 
in relief and rescue during disasters or calamities. 
 
SECTION 27. Prohibited Acts. — In addition to the prohibited acts penalized under 
the Philippine Disaster Risk Reduction and Management Act of 2010, the following 
are prohibited acts: 
(a) 
Any person, group or corporation who directly or indirectly requests or receives 
any part of the funds devoted to disaster risk reduction and management, as 
well as monetary contributions and donations in kind, where such person, 
group or corporation has no right to receive such proceeds from the fund, in 
whole or in part, monetary contribution or donation, shall be guilty of the crime 
of corruption of calamity funds or donations, and shall be prosecuted and upon 
conviction shall suffer a fine of not less than One Hundred Fifty Thousand 
Pesos (Php 150,000.00) or any amount not to exceed One Million Five 
Hundred Thousand Pesos (Php 1,500,000.00), or Imprisonment of not less 
than twelve (12) years and one (1) day, nor more than twenty (20) 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 the herein prohibited act; 
(b) 
Any person who, with intent to gain, but without violence against or intimidation 
of persons nor force upon things, shall take personal property devoted to any 
disaster risk reduction and management activity, without the consent of the 
Secretary, shall be guilty of the crime of qualified theft, and shall be prosecuted 
and upon conviction shall be punished by the penalties next higher by three 


degrees than those respectively specified in Article 309 of the Revised Penal 
Code; 
(c) 
Any public officer who, by reason of the duties of his office, is accountable for 
calamity funds or property devoted to disaster risk reduction and management 
efforts, shall appropriate the same or shall take or misappropriate or shall 
consent, through abandonment or negligence, shall permit any other person to 
take such public funds, or property, wholly or partially, or shall otherwise be 
guilty of the misappropriation or malversation of such funds or property, shall 
be punished by the penalties next higher by three degrees than those 
respectively specified in Article 217 of the Revised Penal Code; 
 
In all the above, if the offender is a corporation, partnership or association, or other 
juridical entity, the penalty shall be imposed upon the officer or officers of the 
corporation, partnership, association, or entity responsible for the violation, without 
prejudice to the cancellation or revocation of these entitles license or accreditation 
issued to them by any licensing or accredited body of the government. If such 
offender is an alien, he or she shall, in addition to the penalties prescribed in this 
Act, be deported without further proceedings after service of the sentence. 
 
The prosecution for the offenses shall be without prejudice to any liability for 
violation of Republic Act No. 3185, as amended, otherwise known as the Revised 
Penal Code, and other civil liabilities. 
 
SECTION 28. Implementing rules and regulations. — The Department shall issue 
the necessary rules and regulations for the effective implementation of this Act 
within ninety (90) days after approval of this Act. The Secretary, in consultation with 
relevant government agencies and other key stakeholders, shall take the lead in the 
preparation of the implementing rules and regulations. 
 
SECTION 29. Annual report. — The Department shall submit to the Office of the 
President, the Senate, and the House of Representatives, within the first quarter of 
the succeeding year, an annual report relating to the progress of the implementation 
of all disaster risk reduction and management efforts, and a detailed inventory of 
available personnel, supplies and equipment. Such report shall be made available to 


the public for scrutiny, copying, and reproduction, and shall also be uploaded in the 
Department's website. 
 
SECTION 30. Congressional Oversight Committee. — There is hereby created a 
Congressional Oversight Committee to monitor and oversee the implementation of 
the provisions of this Act. The Committee shall be composed of six (6) members 
from the Senate and six (6) members from the House of Representatives with the 
Chairpersons of the Committees on National Defense and Security of both the 
Senate and the House of Representatives as joint Chairpersons of this Committee. 
The five (5) other members from each Chamber are to be designated by the Senate 
President and the Speaker of the House of Representatives, respectively. The 
minority shall be entitled to pro rata representation but shall have at least two (2) 
representatives from each Chamber. 
 
SECTION 31. Review. — Within five (5) years after the effectivity of this Act, or as 
the need arises, the Congressional Oversight Committee shall conduct a systematic 
evaluation of the accomplishments and impact of this Act, as well as the 
performance and organizational structure of the Department, for purposes of 
determining remedial legislation. 
 
SECTION 32. Repealing Clause. — All laws, decrees, executive orders, 
proclamations, and other executive issuances which are inconsistent with or 
contrary to the provisions of this Act are hereby amended or repealed accordingly. 
 
SECTION 33. Separability Clause. — If any provision of this law is declared 
unconstitutional, the remaining provisions thereof not affected thereby shall remain 
in full force and effect. 
 
SECTION 34. Effectivity. — This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) national newspapers of general 
circulation. 
 
 
Approved,