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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5803
HOUSE BILLNO.

Introduced by Representative MANUEL F. ZUBIRI

EXPLANATORY NOTE

Today's modern age has brought a plethora of modern concerns to keep the life that modern
society has established. With the finite resources of our environment and the exploding
population due to increase of modem man’s life expectancy, among others, modern society has
altered the face of the earth and its ecosystem.

With modem life and technology, new ways to adapt and thrive must be in place to reduce the
vulnerabilities that modern society has opened itself to such as disaster risks and vulnerability,
environmental concerns, climate change, and the need to sustain our lives and resources in the
face of all these modem concerns.

The Philippines has been widely recognized as one of the disaster-prone countries in the Asian
Region, and the world. Our country was ranked second on the World Risk Index in 2014 in
terms of exposure risks to natural hazards and the 5th most affected country by natural hazards
from 1994 to 2013 and ranked as the most affected country in 2013 according to the 2015
Global Risk Index*. With this, the country has taken steps to strengthen its national disaster risk
reduction through the enactment of the Climate Change Act (RA 9729) and the National Disaster
Risk Reduction and Management Act of 2010 (RA 10121). In view of these legislative measures
following our country’s commitment to the UNDRR Sendai Framework, the Philippines has been
proposed to be a Global Hub for Disaster Risk Reduction.

However, the unification of the different policies of the government regarding disaster risk
reduction is needed td fully maximize its benefits and to enable fast delivery of services to those

[disaster as well as to institutionalize the need to be aware of the different
is exposed to as well as how to mitigate and manage it.

, the passage of this bill is earnestly sought.

Thid District /Bukidnon

ZOREPRE,
GE REPRESEN

© yare, DEC 12 2018

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5803
HOUSE BILL NO.

Introduced by Representative MANUEL F. ZUBIRI

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

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

ARTICLE I
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policies and Principles. — (a) The state shall:

a) Carry out and harmonize the policies on disaster risk and vulnerability
reduction and management, environmental management, climate change adaptation,
and sustainable development to uphold the welfare of the people especially the
vulnerable sectors of society.

b) Uphold its commitment to the achievement of the sustainable development
goals specifically, integrating and implementing policies and plans towards inclusion,
resource efficiency, mitigation and adaptation to climate change, resilience to disasters,
and develop and implement a holistic disaster risk management at all levels.

¢) Uphold its commitment to the international treaties, conventions and
agreement on disaster risk management, climate change, disaster risk and vulnerability
reduction and management, and climate change adaptation and mitigation, including
universal principles and standards for humanitarian assistance.


The State shall integrate and accelerate the implementation of the recognized
principles, and concepts of climate change, disaster risk and vulnerability reduction
contained in the international agreements, treaties, conventions, and frameworks in the
various phases of policy formulation, development plans and investments, poverty
reduction strategies and other development tools, and techniques by all national and
local agencies, institutions and instrumentalities of the government to enhance the
country’s climate change adaptive capacity.

d) Uphold the people's constitutional right to life and property by minimizing and
mitigating the root causes of vulnerabilities to disasters, strengthening the country’s
institutional capacity for disaster risk and vulnerability reduction and management, and
building the resilience of local communities to disasters including climate change
impacts, and human induced disasters;

e) Ensure a science-based in a whole-of-society approach and bottom-up
participation, representation, and decision-making in climate-disaster risk governance,
and adopt a comprehensive, integrated, and proactive approach to lessen the
socioeconomic and environmental impacts of disasters and climate change;

f) Strengthen the capacity of the national government and the local government
units, together with development partner stakeholders, build disaster resilient
communities, and institutionalize arrangements and measures to reduce disaster risks
and projected climate risks, and enhance disaster preparedness and response
capabilities at all levels;

g) Work with international humanitarian and development partners especially
those with established presence in the country;

h) Develop, maintain, and ensure the accessibility of climate and geospatial
information and services to the public;

i) Ensure that disaster risk and vulnerability reduction and climate change
adaptation measures are disability and vuinerable sensitive, and culturally sensitive,
recognizing indigenous knowledge systems and practices, and respecting human rights;

j) Mainstream disaster risk and vulnerability reduction in government by
ensuring risk-informed planning, programming, implementation, monitoring, and
evaluation, and the use of quality management, accountability, and performance
systems in measuring and improving the effectiveness and efficiency of disaster risk
and vulnerability reduction management processes across all government levels,
including those offices which manage peace processes and conflict-resolution
approaches, so as to minimize loss of lives and damage to properties and ensure that

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communities in conflict zones can immediately resume their normal lives at the
conclusion of episodes of intermittent conflicts;

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

1) Recognize and respond to the differentiated concerns and needs of vulnerable
groups such as women and girls, children and youth, older persons, persons with
disabilities, urban poor, and indigenous peoples with respect to disaster risk reduction
and management, at the same time, recognizing their inherent capacities to contribute
to resilience;

m) Create an enabling environment for substantial and sustainable
participation of civil society organizations, private organizations, non-government organizations,
private sector, volunteers and communities, and recognize their contributions to the
disaster risk reduction and management efforts of government;

n) Ensure the use of advanced science and the most up-to-date technologies in
climate change adaptation, disaster risk, and vulnerability reduction and management;

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

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

SEC. 3. Roles and Responsibilities of Stakeholders. - The commitment, goodwill,
knowledge, experience, and resources of relevant stakeholders are critical to realize a
safer, adaptive, resilient and inclusive Filipino community. Citizens shall have the shared
vision and duty to provide support to the State in the implementation of policies and
programs, particularly the Disaster Resilience Framework and Plan at the national,
regional and local levels.

(J) Civil. society, non-governmental organizations, international non-
governmental organizations, private sector, practitioners of climate and
disaster mitigation, organized voluntary work organizations and community-
based organizations shall participate, in collaboration with public institutions,
to, inter alia, provide specific knowledge and pragmatic guidance in the

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context of the development and implementation of normative frameworks,
standards and plans for disaster risk and vulnerability reduction; engage
in the implementation of local, national, regional, and global plans and
strategies; contribute to and support public awareness, a culture of
protection, prevention and conservation, and education on disaster risk; and
advocate for resilient communities and an inclusive and whole of society, risk
reduction and management which shall strengthen the synergies across
groups, as appropriate;

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

@) Children and the youth as agents of change shall endeavor to actively
contribute to disaster risk and vulnerability reduction, in accordance with
legislation, national practice, and educational curricula; disaster risk reduction
and management at all levels and processes of disaster risk and vulnerability
reduction and anticipatory adaptation, including data gathering, planning,
programming, budgeting, implementation, monitoring and evaluation;

For citizens having years of knowledge, skills on climate change adaptation

and disaster risk reduction and wisdom, are invaluable assets to reducing

disaster risk, and shall therefore participate in the design of policies, plans
and mechanisms, including those for early warning;

(5) Persons with disabilities, through their existing network or organizations,
shall participate in activities related to assessment, programming, and the

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designs of policies, plans, and mechanisms;

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

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

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

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climate risks through state and non-state programs;

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

(10)Emergency responders, community practitioners, and organized volunteer
organizations shall contribute to resilience by not providing timely and
efficient emergency response and providing training on basic life support, first
aid, and search and rescue, in accordance with the standards provided by the
Research, Education, and Training Institute of the Department;

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

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

(13)The media shall take an active and inclusive role at the local, regional, and
national levels in contributing to the raising of public awareness and
understanding, and disseminate accurate disaster risk, hazard and disaster
information, including on small-scale disasters, in a simple, transparent, easy-
to-understand and accessible manner, in close cooperation with national and
local authorities; adopt specific disaster risk and vulnerability reduction
communication policies; support, as appropriate, early warning systems and

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life-saving protective measures; and stimulate a culture of prevention and
strong community involvement in sustained public education campaigns and
public consultations at all levels of society, in accordance with national
practices.

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

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

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

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

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

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

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

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


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

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

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

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

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

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

n) Disaster Response refers to the provision of emergency services and public


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

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

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

Disaster Risk Management refers to the systematic process of using
administrative directives, organizations, and operational skills and capacities
to implement strategies, policies and improved coping capacities in order to
lessen the adverse impacts of hazards and the possibility of disaster.
Disaster Risk Reduction refers to the concept and practice of reducing
disaster risks through systematic efforts to analyze and manage the causal
factors of disasters, including through reduced exposure to hazards, lessened
vulnerability of people and property, wise management of land and the
environment, and improved preparedness for adverse events.

Disaster Risk and Vulnerability Reduction refers to the concept and
practice of reducing potential loss of life, injury, or destroyed or damaged
assets or disrupted which could occur to a system, society or a community in
a specific period of time, determined probabilistically and conditions
determined by physical, social, economic and environmental factors or
processes which increase the susceptibility of an individual, a community,
assets or system to the impacts of hazards through systematic efforts to
analyze and reduce the causal factors of disasters all of which contribute to

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strengthening resilience and therefore to the achievement of sustainable
development.

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

u) Early Warning System refers to the set of capacities needed to generate
and disseminate timely and meaningful warning information to enable
individuals, communities and organizations threatened by a hazard to
prepare and to act appropriately and in sufficient time to reduce the
possibility of harm or loss. ‘A people-centered early warning
system necessarily comprises four (4) key elements: knowledge of the risks;
monitoring, analysis and forecasting of the hazards; communication or
dissemination of alerts and warnings; and local capabilities to respond to the
warnings received. The concept of "end-to-end warning system emphasizes
that warning systems need to span all steps from hazard detection to
community response. Early warning systems include systems developed at
the level of communities or based on indigenous knowledge.

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

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

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

y) 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.

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

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

1) Geographically Isolated and Disadvantaged Area (GIDA) refers to

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areas with a marginalized population which is physically and socio-
economically separated from the mainstream society and characterized by
physical factors, and isolated due to distance, weather conditions and
transportation difficulties in island, upland lowland, landlocked, hard to reach
and underserved communities; and/or socio-economic factors such as high
poverty incidence, presence of vulnerable sectors, communities in or
recovering from situation of crisis or armed conflict.

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

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

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

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

@) Internally Displaced Persons refer to persons or groups of persons who
have been forced or obliged to flee or to leave their homes or places of
habitual residence within national borders, in particular as a result of or in
order to avoid the effects of armed conflict, situations of generalized and/or
organized violence, violations of human rights, implementation of
development projects, or natural or human-induced disasters.

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


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recruitment by the international assisting actor.

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

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

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

1) 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.

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

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

00) Natural Hazard refers to naturally occurring physical phenomena caused
either by rapid or slow onset events which can be geological such as
earthquakes ground rupture, liquefaction, landslides, tsunamis, sinkholes, and
volcanic activity; hydrological and meteorological such as floods, severe
winds, typhoons, storm surges, climatological variability such as extreme
temperatures, EI Nifio, La Nifia, forest fires, or biological such as disease,

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epidemics and insect/animal plagues.

pp) Open Data refer to facts and statistics that can be freely used, shared and
built-on by anyone, anywhere, for any purpose. These must be available in
bulk, should be available free of charge, or at least at no more than a
reasonable reproduction cost. The information should be digital, preferably
available by downloading through the internet, and easily processed by a
computer. These must permit people to use, re-use, and redistribute,
intermix with other data providers. These do not allow conditions to be
placed on how people can use Open Data, but permit a data provider to
require that data users credit them in some appropriate way, clarify if the
data have been changed, or that new datasets created using their data are
also shared as open data.

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

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

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

t) Recovery refers to rehabilitation measures that ensure the ability of affected
communities or areas to restore their normal level of functioning by restoring
livelihoods and services, reconstructing damaged infrastructures and
increasing the communities’ organizational capacity.

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


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

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

»x) Probabilistic Risk Assessment refers to the simulation of those future
disasters based on scientific evidence, are likely to occur. As a result, these
risk assessments resolve the problem posed by the limits of historical data.
Probabilistic models "complete" historical records by reproducing the physics
of the phenomena and recreating the intensity of a large number of synthetic
events. Probabilistic Risk Assessment considers all possible scenarios, their
likelihood, and associated impacts. It is characterized by inherent
uncertainties partly related to the natural randomness of hazards, and partly
because of incomplete understanding and measurement of the hazards,
exposure, and vulnerability.

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

2) 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.

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

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


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

did) 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.

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

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

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

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

ARTICLE IT
DEPARTMENT OF DISASTER RESILIENCE

SEC. 4. Creation 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

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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.

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

(a) Risk Reduction

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

2 Monitor and ensure the integration of disaster risk and vulnerability reduction
and management and climate change adaptation policies into national
development plans.

3. Design and implement an incentive system for greater private and public
investment, both local and national, in disaster risk reduction.

4, Oversee and ensure the mainstreaming of climate change adaptation and
disaster risk reduction in development planning, including disaster-proofing
and climate-proofing of land use plans and the preparation of contingency
plans.

5. Create an enabling environment for the design of relevant and appropriate
risk-sharing and risk-transfer instruments.

6 Create an enabling environment that shall promote broader multi-stakeholder
participation and integrate climate change mitigation, adaptation, and
disaster risk and vulnerability reduction.

7. Coordinate directly with local government units and private entities to
address climate vulnerabilities and disaster risk assessment (CVDRA) of
regions and provinces at the meso-scale, cities and municipalities at the

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micro-scale, and barangays at the meta-scale.

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

9. Formulate the National Disaster Resilience Framework, National Disaster
Resilience Plan, and the National Continuity Policy.

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

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

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

(b) Disaster Preparedness and Response

1. Oversee and maintain a national early-warning and emergency alert system
that shall provide accurate, timely, and accessible information to national and
local emergency response organizations and the general public.

2. Coordinate information-sharing and other risk reduction protocols following
the principle of interoperability among national government agencies and
local government units.

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

4. Exercise command and control over relevant government agencies, including
government-owned and controlled corporations, the Philippine National Police
and other law enforcement agencies, during an imminent or actual disaster.
Such command and control shall include the authority to utilize available
services, assets, equipment, personnel, facilities, and other resources.

5. Call on the reserve force, as defined in Republic Act No. 7077, otherwise
known as the “Citizen Armed Forces of the Philippines Reservist Act’, to

7


assist in relief and rescue operations during disasters.

6. Work with the private sector and civil society organizations for assistance
with regard to the use of facilities and resources for the protection and
preservation of life and property.

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

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

9. Monitor and support local government units in the management of
evacuation centers and ensure the welfare and dignity of internally-displaced
persons.

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

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

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

(c) Rehabilitation and Recovery

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

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

3. Ensure that the principle of Building Forward Better is applied to
rehabilitation and recovery efforts.

(d) Other Powers and Functions

1. Provide or designate a secretariat to the Climate Change Commission.

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


aon

(GSIS), and the Land Bank of The Philippines (LBP).

. Coordinate information-sharing and other disaster risk and vulnerability

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

. Receive, administer, mobilize, and monitor and oversee the utilization of the

national disaster resilience fund, the Prevention, Mitigation, and
Preparedness Fund for 3rd to 6th Class Provinces and Municipalities, and
donations for disaster risk and vulnerability reduction and management and
climate change adaptation, unless otherwise specified;

. Use of advanced science and technologies in disaster risk reduction and

management by engaging, consulting with, employing and regularly funding
the academe or higher education and research institutions such as the
University of the Philippines Resilience Institute and the University of the
pines Nationwide Operational Assessment of Hazards Center or other

institutions that have a recognized and credible track record, as well as the
capacity to conceptualize and implement the science and engineering
requirements necessary for effective climate change adaptation and disaster
risk reduction.

. Establish a Disaster resilience information system to facilitate the creation of

an integrated risk assessment platform that is built from the inputs of
government and private scientific and academic institutions, national
government agencies and local government units, local communities and
other stakeholders, and is able to provide readily accessible and actionable
information for purposes of risk governance and humanitarian action;

. Develop the criteria and procedure for the enlistment of accredited

community disaster resilience volunteers and institutions.

. Create and continuously update, in consultation with stakeholders, a manual

of operations for accredited community disaster resilience volunteers and
institutions.

). Perform such other functions as may be necessary for the effective

19


implementation of this Act.17

ARTICLE III
GENERAL WELFARE AND EMERGENCY MEASURES

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

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

SEC. 8. Emergency Measures at the Local Level, —

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

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

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

SEC. 9. Hierarchy of Evacuation Measures. —

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


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

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

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

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

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

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

Whenever it becomes necessary, the Department may assume responsibility over
the implementation of and directly implement any program or project in anticipation of,
during, and in the aftermath of emergencies, hazards and disasters.

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

SEC. 13. Emergency Powers. — Whenever it becomes necessary, the
Department, subject to the approval of the President, may call on the AFP or the PNP,
in coordination with the Secretary of National Defense and the Secretary of the Interior

2


and Local Government, to prevent or suppress lawless violence and ensure the
protection and preservation of life or property in anticipation of, during, and in the
aftermath of emergencies, hazards and disasters.

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

SEC. 14. Emergency Arrangements. — The Department shall have the power to
negotiate, enter into, institutionalize and coordinate arrangements with any private
person or juridical entity for the purpose of ensuring the adequate and prompt
availability of all goods and services necessary in anticipation of, during, and in the
aftermath of emergencies, hazards and disasters and only when there is imminent
danger of loss of lives and/or damage to property.

ARTICLE IV
ORGANIZATION AND MANAGEMENT

SEC. 15. The Secretary. The Department shall be headed by a Secretary who
shall be appointed by the President.
SEC. 16. Powers and Functions of the Secretary. - The Secretary of the
Department shall exercise the following powers and functions:
a) Establish and promulgate policies, rules, and regulations for the effective and
efficient operation of the Department.
b) Exercise executive direction over the operations of the Department and

administrative supervision over its attached agencies.
Manage the financial and human resources of the Department.
d) Appoint officers and employees of the Department, except presidential

°

appointees, in accordance with civil service law, rules, and regulations.

Exercise disciplinary authority over officers and employees of the Department

in accordance with law.

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

g) Advise the President on the promulgation of executive and administrative

2)

2


issuances and the formulation of regulatory and legislative proposals on
matters pertaining to disaster resilience.
h) Serve as the Vice-Chairperson of the Climate Change Commission.
i) In coordination with the Department of Foreign Affairs, represent the
Philippines in the climate change negotiations and articulate the national
contribution to global, regional, and other inter-governmental disaster risk
reduction and humanitarian platforms.
Call upon the Armed Forces of the Philippines and the Philippine National
Police to render assistance in disaster-affected areas.
k) Promulgate such rules and regulations and perform such other functions as

may be necessary or proper to attain the objectives of this act.
SEC. 17. Organizational Structure, Functions and Management. - The

Department shall be composed of the following officials and offices:

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

(b) Five (5) Undersecretaries, to be appointed by the President, who shall assist
the Secretary in administering the affairs of the Department, one to be
responsible for Resilience, one to be responsible for Policy and Governance,
one to be responsible for Operations, one to be responsible for
Administration and Finance, and the Senior Undersecretary. The
Undersecretaries shall have functional and operational supervision over the
bureaus, divisions, offices and units assigned to their respective functional
areas;

(©) The Department shall have such number of assistant secretaries and
directors as may be necessary for the effective and efficient implementation
and performance of its mandate, powers, and functions;

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

(e) The National Climate and Disaster Resilience Research, Education, and
Training Institute under the Capacity Building and Training Service, to be
headed by a Director;

(f) Regional and other field Offices of the Department that shall be established
in each administrative region, each to be headed by a Regional Director;

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


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

ARTICLE V
FINANCE AND ADMINISTRATION

SEC. 18. Fiscal Management. - The Department shall manage all funds
appropriated to it by Congress and from other sources. This shall include all donations,
as contemplated under the succeeding paragraph, subject to provisions of Section 3,
paragraph (D) of Article 9, of the 1987 Constitution on the auditing powers of the
Commission on Audit.

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

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

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

All importations and donations under Section 11 (c) of Republic Act No. 10863,
otherwise known as the “Customs Modernization and Tariff Act (CTMA)” shall be

24


considered as importation or donation to the Department, subject to the approval of
the Office of the President.

WHOLE OF GOVERNMENT AND WHOLE OF NATION APPROACH

ARTICLE VI

SEC. 20. National Disaster Resilience Council. — (a) There is hereby created the
National Disaster Resilience Council (NDRC), which shall serve as the policy advisory
body to the Department on disaster risk reduction and management and climate

change adaptation, consistent with the policies and scope as defined in this Act.

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

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Secretary of Science and Technology;

Secretary of the Interior and Local Government;
Secretary of Social Welfare and Development:
Secretary of National Defense;

Director-General of the National Economic and Development Authority;

Secretary of Health;

Secretary of Environment and Natural Resources;
Secretary of Agriculture;

Secretary of Education;

Secretary of Energy;

|. Secretary of Finance;

Secretary of Trade and Industry;
Secretary of Transportation;

Secretary of Budget and Management;
Secretary of Public Works and Highways;
Secretary of Foreign Affairs;

. Secretary of Justice

Secretary of Labor and Employment;

. Secretary of Tourism;

Secretary of Information and Communications Technology;

|. Presidential Adviser on the Peace Process;

Chairperson of the Commission on Higher Education;
Chief of Staff of the Armed Forces of the Philippines;
Chief of the Philippine National Police;


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Head of the Presidential Communications Operations Office;
Secretary-General of the Philippine National Red Cross;
Chairperson of the Commission on Human Rights;
Executive Director of the Council for Welfare of Children;
Lead Convenor of the National Anti-Poverty Commission;

SBRAIRR

Chairperson of the Philippine Commission on Women;
. Chairperson of the Housing and Urban Development Coordinating Council;
Chairperson of the National Council for Disability Affairs;

Chairperson of the National Commission on Indigenous Filipinos;
Chairperson of the National Commission on Muslim Filipinos;

Chairperson of the National Youth Commission;

President of the Government Service Insurance System;

President of the Social Security System;

President of the Philippine Health Insurance Corporation;

President of the Home Development Mutual Fund;

President of the Union of Local Authorities of the Philippines;

|. President of the League of Provinces of the Philippines;

President of the League of Cities of the Philippines;

President of the League of Municipalities of the Philippines;

SBSRARKR ARERR E

=

President of the Liga ng mga Barangays;
Maximum of six (6) representatives from the academia and other relevant
research institutions;

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

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

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

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

(e) Guidelines for the Department of Disaster Resilience Fund (DDRF) and Local
Disaster Resilience Fund (LDRF) — The Department shall provide the necessary

6


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guidelines and procedures on the DDRF and the LDRF releases as well as utilization,
accounting and auditing thereof.

SEC. 21. Monitoring, Reporting and Validation. ~

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

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

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

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

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

(1) The Regional Disaster Resilience Councils (RDRC) —

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

The Regional Directors of the Department shall serve as chairpersons of the
RDRCs and the Regional Directors of the DSWD, the DILG, and the NEDA shall serve as
cluster heads. In the case of the Bangsamoro Autonomous Region in Muslim Mindanao,
the Chief Minister shall be the RDRC Chairperson. In the case of Metro Manila, the

n


MDRC shall be headed by the Chairperson of the Metro Manila Development Authority
(MMDA).

The RDRCs shall establish the RDRC Secretariat and operating facility to be
known as the Regional Disaster Resilience Council Secretariat and Operations Center
(RDRC).

The RDRCs shall be composed of concerned regional agencies, offices, local
government units and other multiple stakeholders.

(i) LDRC Budgetary Requirements of LDRO - The budgetary requirements for

Personal services, maintenance and other operating expenditures, and capital
outlay of the LDRO shall be sourced from the General Fund of the LGU,
subject to Section 76 of Republic Act No. 7160, as amended, otherwise
known as the “Loca/ Government Code of 1991, as amended. The
enforcement of Sections 325(a) and 331(b) of Republic Act No. 7160, as
amended shall be waived to enable the local government units to fund the
initial year requirements for the creation of the minimum five (5) mandatory
positions of the LDRO.
Other maintenance and operating expenditures, and other capital outlay
requirements of the LDRO in the implementation of disaster risk and
vulnerability reduction management and climate change adaptation programs
shall be charged to the Local Climate-Disaster Resilience Fund of the local
government units.

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

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

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

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

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

28


with relevant stakeholders.

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

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

(a) Establishment and implementation of business continuity practices to ensure

the continued delivery of products and services, in the event of disasters.

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

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

(d) Facilitation or assistance in obtaining or processing incentives for the private
sector or other non-government stakeholders.

(e) Preparation and facilitating the issuance of 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 stakeholders.

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

SEC. 24. Integration of DRR and Climate Change Adaptation in the Climate and
Disaster Resilience Framework and Plan. — The existing National Disaster Resilience
Framework and plan and the National Climate Change Strategic Framework and Plan
shall be enhanced by the Climate and Disaster Resilience Framework and plan which

2»


provides for the comprehensive probabilistic multi-hazards, multi-scenario, multi-
sectorial, resilience-building, and community risk-based approach and management
of disaster and climate risk, and provide for the integration of disaster risk and
vulnerability reduction and climate change adaptation, as well as the mainstreaming in
other sectoral policies. It shall be reviewed every three (3) years.

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

The climate and disaster resilience framework and plan for climate-disaster risk
governance, climate vulnerability assessment, risk assessment and risk management
shall be formulated and jointly approved by the NDRC and the CCC.

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

ARTICLE VIII
CLIMATE AND DISASTER RESEARCH, EDUCATION,
AND TRAINING INSTITUTE

SEC. 26. Creation of the Climate and Disaster Research, Education, and Training
Institute. — (a) Within one (1) year from approval of this Act, the Department shall
establish the Climate and Disaster Research, Education, and Training Institute in
collaboration with higher education institutions and Private and State Universities and
Colleges (SUCs) which shall be a world-class center of excellence for learning and
research in the field of disaster risk and vulnerability reduction and management and
climate change adaptation;


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

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

1) Establish regional branches as well as provincial, city or municipal branches if
deemed necessary, to train individuals from the public and private sectors in
the fields of disaster risk and vulnerability reduction and management,
climate change adaptation, and ecosystem management and restoration,
among others;

2) Develop and implement an inclusive and ladderized curricula on climate
change adaptation, and disaster risk and vulnerability reduction and
management;

Develop research programs and a knowledge management system on climate

change adaptation and disaster risk and vulnerability reduction management

for the purpose of innovation and capacity building and development;

4) Partner with public and private academic and research institutions, the
private sector, civil society, community-based disaster risk and vulnerability
reduction management and climate change adaptation practitioners, and
other relevant sectors in developing research opportunities and programs on

3

climate vulnerability and disaster risk assessment;

5) Establish a resource center for information, education and communication
materials, research, publications, best work practices, lessons identified and
learned, and other knowledge products on disaster risk and vulnerability
reduction and management, and climate change adaptation;

6) Consolidate and prepare information, education and communication and
training materials or publications to assist disaster risk and vulnerability
reduction and management, and climate change adaptation practitioners in
the planning and implementation of their plans, programs, projects and
activities;

7) Organize and recognize a community of climate change adaptation and
disaster risk reduction and management practitioners; and

8) Accredit, recognize, monitor and evaluate climate change adaptation, disaster
risk and vulnerability reduction and management training institutions.


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(d) Financial Support to the Center:

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

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

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

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

SEC. 28. Disaster Resilience and Climate Change Education and Training. — (a)
The Department of Education, CHED, and Technical Education and Skills Development
Authority (TESDA), in coordination with the National Youth Commission (NYC), the
Department of Science and Technology (DOST), Department of Environment and
Natural Resources (DENR), Department of Interior and Local Government (DILG),
Department of Health (DOH), Department of Social Welfare and Development (DSWD),
and other relevant agencies, developmental institutions, and non-government
organizations shall integrate disaster risk and vulnerability reduction and climate

2


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change adaptation education in the school curricula at all levels of education, from K
to12 to tertiary levels, including the early and adult learning programs, National Service
Training Program (NSTP), and education for children and persons with special needs,
whether private or public, including formal and non-formal, technical-vocational,
indigenous learning, out-of-school youth courses and programs, and other channels of
educational integration, including media, church, entertainment centers (malls),
international and domestic airports and transport terminals.

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

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

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

© The DepEd, the CHED, and the Technical Education and Skills Development
Authority (TESDA) and other developmental institutions, community-based practitioners
and organized non-governmental organizations shall formulate and institutionalize
flexible learning options such as online modules, supplemental learning materials,
resources and platforms, as part of its climate change adaptation, disaster risk and
vulnerability reduction and governance, analysis, and management strategy.

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

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

() The DRC, the RDRCs, the LDRCs, the LDROs, the BDRCs, and the Sangguniang
Kabataan shall encourage the community, specifically the youth, participation in disaster

33


risk and vulnerability reduction and climate change adaptation activities, such as
Information, Education and Communication (IEC) Campaigns organizing quick response
groups, particularly in identified disaster-prone areas, as well as the inclusion of DRVR-
climate change adaptation programs as part of programs and projects of the
Sangguniang Kabataan, youth organizations and community-based disaster risk and
vulnerability reduction management and anticipatory adaptation initiatives.

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

SEC. 29. Standard Mechanism for Cascading Information, Education and
Communication on Climate Change Adaptation and Disaster Risk and Vulnerability
Reduction Management. — (a) The DRC shall promote and advocate a culture of
resilience and responsible-accountable, liable and responsible citizenship through
information, education and communication that is appropriate, integrated, calibrated,
inclusive, localized, science- and risk-based, gender, culture and disability sensitive and
accessible using multimedia. Information, education, and communication on climate
change adaptation and disaster risk and vulnerability reduction management should be
compelling but not alarming.

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

(c) A Climate and Disaster Resilience Information Officer shall be designated at all
levels of the Department to ensure implementation of the disaster risk and vulnerability
reduction and management and climate change adaptation information, education, and
communication campaign and shall serve as the primary coordinator for the
dissemination of information, education, and communication on climate change
adaptation and disaster risk and vulnerability reduction management.

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


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

ARTICLE X
CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES

SEC. 32. Climate and Disaster Risk Transfer, Insurance and Social Welfare — (a)
The Department shall oversee all climate and disaster risk-sharing and risk-transfer
instruments and other related initiatives to ensure the protection of property and
livelihood, both public and private.

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

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

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

ARTICLE XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC. 34. Standards for Disaster Preparedness Activities. - (a) The NDRC shall
establish standards for disaster preparedness, contingency planning, localizing and

operationalizing disaster risk and vulnerability reduction and management,
35


preparedness for disaster response, preparedness for early recovery, continuity of
essential services, and other relevant preparedness activities.

(b) Local government units shall identify safe or strategic sites, and establish
evacuation centers with appropriate and adequate facilities in accordance with
government-approved standards as provided under Republic Act No. 10821, otherwise
known as “ 7he Children’s Emergency Relief Protection Act,”in order to avoid disruption
of school classes and lessen the use of school buildings and facilities as evacuation
centers.

The local government units shall immediately compensate schools used as
evacuation centers. The schools may seek compensation renovation or repairs of

damaged facilities for such use.

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

(b) The Department and all other concerned agencies with an integrated early
warning and information mandate shall collaborate with the local executives and
officers to disseminate climate-disaster risk information through the involvement of
local government units, community-based organizations, civil society organizations, and
other non- governmental organizations.

SEC. 36. Early Warning Mandate. — (a) Department shall issue an integrated early
warning for hydro-meteorological, geologic, or terrestrial phenomena to the appropriate
government agencies or government-accredited organizations for forecasting and early
warning purposes. The Department shall recognize and proactively support local or
indigenous modes of early warning systems and allow open access to real-time data
from both local and international sources made available through various platforms such
as websites, mobile apps, and social media to empower local communities and
individuals.

(b) The Philippine Atmospheric, Geophysical and Astronomical Services
Administration{PAGASA) and Philippine Institute of Volcanology and Seismology
(PHIVOLCS) shall work actively and closely with the Department in integrating,
mainstreaming, and converging all information, data, research and development studies
and results, knowledge and technology, and activities relating to climate change and

36


waueon

oe

disaster resilience;

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

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

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

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

ARTICLE XII
DISASTER RESPONSE AND EARLY RECOVERY

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

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

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

a) The BDRC, if one barangay is affected;


b) The city/municipal DRCs, if two (2) or more barangays are affected;

) The provincial DRC, if two (2) or more cities/municipalities are affected;

d) The regional DRC, if two (2) or more provinces are affected; and

©) The NDRC, if two (2) or more regions are affected

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

a) Department of Finance-Bureau of Customs;

b) Department of Foreign Affairs;

©) Department of Social Welfare and Development;

d) Department of Health;

e) Food and Drug Administration;

f) Department of Agriculture;

g) Department of Energy;

h) Philippine National Police;

i) Philippine Coast Guard; and

j) Department of Justice - Bureau of Immigration

SEC. 40. Accreditation, Mobilization, and Protection of Disaster Volunteers and
National Service Reserve Corps, Civil Society Organizations and the Private Sector. —
The government agencies, civil society organizations, private sector and local
government units may mobilize individuals or organized volunteers to augment their
respective personnel complement and logistical requirements in the delivery of disaster
risk reduction programs and activities. The agencies, civil society organizations, private
sector, and local government units concerned shall take full responsibility for the
enhancement, welfare and protection of volunteers, and shall submit the list of
volunteers to the Department, through the Local Disaster Resilience Offices, for
accreditation and inclusion in the database of community disaster volunteers.

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

The mobilization of volunteers shall be in accordance with this Act and

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

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

ARTICLE XIII
INTERNATIONAL HUMANITARIAN ASSISTANCE

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

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

(a) Immediately after the declaration of a state of calamity by the sanggunian of a
local government unit or by the Department, as the case may be, the Department shall
determine as to whether domestic capacities are likely to be sufficient to attend to the
needs of affected persons for international humanitarian assistance, this determination
may also be made by the President, prior to the onset of an imminent disaster.

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

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

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

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community.

SEC. 45. One-Stop-Shop for International Humanitarian Assistance. — The
Department shall establish, in coordination with the Department of Foreign Affairs
(DFA) a One-Stop-Shop mechanism for International Humanitarian Assistance for the
processing and release of entry and facilitation of goods, articles or equipment, and
services of international relief workers for the provision of international humanitarian
assistance, and the processing of necessary documents for assisting international
actors.

ARTICLE XIV
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES

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

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

ARTICLE XV
LEGAL FACILITIES FOR ELIGIBLE ASSISTING INTERNATIONAL ACTORS

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Ce ae

SEC. 48. Guidelines for Coordination of International Humanitarian Assistance. —
The DRC shall issue comprehensive guidelines on the initiation, entry, facilitation, transit and
regulation of international relief goods and personnel, as well as eligibility guidelines to utilize
the legal facilities for assisting international actors provided hereunder.

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

SEC. 50. Recognition of Foreign Professional Qualifications. - (a) Eligible
assisting international actors wishing to deploy international personnel for tasks
requiring legal recognition of their foreign professional qualifications shall certify the
validity of those qualifications under the law of the country where they were obtained
and the competence of their personnel for the tasks envisaged.

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

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

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

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

persons.

A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT


SEC. 53. Customs Facilitation and Priority Treatment. — The Department shall
facilitate the rapid importation of consignments of goods and equipment by eligible
assisting actors and shall accord them priority treatment in handling.

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

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

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

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

(a) Exemption from all duties and taxes;

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

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

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

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

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

SEC. 57. Telecommunications Equipment. — Eligible assisting international actors

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wane

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

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

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

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

C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

SEC. 61. Disposition of Equipment and Unused Goods. - The DRC shall provide
for the guidelines for retention, re-exportation, donation and disposal of unused goods
and equipment after the termination of Disaster Relief and Initial Recovery Assistance
operations.

ARTICLE XVI
RECOVERY

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

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

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

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

(d) Employ outcome-driven planning and implementation;


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

(6) 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 XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY

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

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

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

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

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

the most vulnerable and marginalized groups or individuals; and

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

as may be deemed necessary by the affected local government unit.

ARTICLE XVIII
PROCUREMENT

SEC. 64. General Rule on Procurement. — Any procurement of goods, services,
consultancy or infrastructure for disaster risk and vulnerability reduction and climate

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risk, whether at the national or local level shall conform to the provisions and
Implementing Rules and Regulations (IRR) of Republic Act 9184 otherwise known as
"Government Procurement Reform Act,”as amended.

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

ARTICLE XIX
PROHIBITED ACTS AND PENALTIES

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

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

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

of facilities and misuse of funds;

(2) Failure to create a functional LDR Office within six (6) months from approval

of this Act;

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

months from approval of this Act;

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

hazards frequently occurring within their jurisdictions;

(5) Failure to formulate and implement the LDRP with the corresponding budget

allocation;

Sexual exploitation and abuse, and other forms of sexual misconduct to the
affected population or at-risk communities punishable under existing criminal and
administrative laws shall be considered as an aggravating circumstances.

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

(1) Delaying, without justifiable cause in the delivery or improper handling or

storage of aid commodities, resulting to damage or spoilage;

4s


2)

@)

(4)

6)

6)

1)

(8)

0)

(10)

qa

(12)

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;

Preventing the entry and distribution of relief goods in disaster-stricken

areas, including appropriate technology, tools, equipment, accessories,

disaster teams or experts;

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;

Buying, for consumption or resale, from disaster affected persons, relief

goods, equipment or other aid commodities received by them;

Selling of relief goods, equipment, or other aid commodities which are

intended for distribution to disaster victims;

Forcibly seizing relief goods, equipment, or other aid commodities intended

for or consigned to a specific group of victims or relief agency;

Diverting or misdelivery of relief goods, equipment, or other aid

commodities to persons other than the rightful recipient or consignee;

Accepting, possessing, using or disposing relief goods, equipment or other

aid commodities not intended for nor consigned to them;

Misrepresenting the source of relief goods, equipment, or other aid

commodities by:

i. Either covering, replacing or defacing the labels of the containers to
make it appear that the goods, equipment, or other aid commodities
came from another agency or persons;

ii Repacking the goods, equipment, or other aid commodities into

containers with different markings to make it appear that the goods

came from another agency or persons or was released upon the
instance of a particular agency or persons;

Making a false verbal claim that the goods, equipment or other and

commodities in their untampered original containers actually came from

another agency or persons or was released upon the instance of a

particular agency or persons;

Substituting or replacing relief goods, equipment, or other aid commodities

with the same items or of inferior/cheaper quality;

Illegal solicitations by persons or organizations representing others as

46


defined in the standards and guidelines set by the NDRC;

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

(14) Stealing, taking, or possessing of any of the equipment, accessories and
other vital facility or items or any part thereof;

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

(16) Tampering with or stealing hazard monitoring and disaster preparedness
equipment and paraphernalia.

(17) Attempting to commit any of the abovementioned prohibited acts; and

(18) Benefitting from the proceeds or fruits of any of the abovementioned
prohibited acts knowing that the proceeds or fruits are derived from the
commission of the prohibited acts.

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

(a) Imprisonment of not less than twelve (12) years but not more than fifteen (15)
years or a fine of not less than One million pesos (Php1,000,000.00) but not more than
Three million pesos (Php3,000,000.00), or both imprisonment and fine at the discretion
of the court shall be imposed upon any person found guilty of violating subsections
(b)(1) to (b)(16), as well as the confiscation or forfeiture in favor of the government of
the objects and the instrumentalities used in the commission of the prohibited acts;

(b) Imprisonment of not less than six (6) years but not more than eight (8) years or
a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than One million pesos (Php1,000,000.00), or both imprisonment and fine at the
discretion of the court, shall be imposed upon any person who attempts to commit any
of the prohibited acts in the preceding section, in violation of subsection (b)(17)
thereof;

(c) Imprisonment of not less than two (2) years but not more than six (6) years or a
fine of not less than Two hundred thousand pesos (Php200,000.00) but not more than
Five hundred thousand pesos (Php500,000.00), or both imprisonment and fine at the
discretion of the court, shall be imposed upon any person found guilty of unlawfully
benefiting from the proceeds or fruits of any of the prohibited in the preceding section,
in violation of subsection (b)(18) thereof;

a


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

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

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

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

ARTICLE XX
APPROPRIATIONS

SEC. 68. Appropriations. -

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

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

(c) Local Disaster Resilience Fund (LDRF). Not less than seven percent (7%) of the
estimated revenue from regular sources shall be set aside as the LDRF to support

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disaster risk and vulnerability reduction and climate change adaptation and mitigation
programs, projects and activities. The LDRC shall monitor and evaluate the use and
disbursement of the LDRF based on the LDRP as incorporated in the local development
plans and annual work and financial plan. Upon the recommendation of the LDRO and
approval of the sanggunian concerned, the LDRC may transfer the said fund to support
the disaster risk and vulnerability reduction and climate change adaptation work and
initiatives of other LDRCs that are declared under a state of calamity.

1) Of the amount appropriated for LDRF, twenty percent (20%) shall be allocated
as Quick Response Fund (QRF) or stand-by fund for prepositioning of goods and
relief and early recovery programs in order that the situation and living
conditions of people in communities or areas stricken by disasters, epidemics, or
complex emergencies, may be normalized as quickly as possible.

2) Of the annual appropriation of LDRF, eighty percent (80%) shall be appropriated
for climate change adaptation, disaster risk and vulnerability reduction,
prevention, adaptation and mitigation programs, project ands, activities focusing
on both institutional capacity building of vulnerable communities and risk-
reducing infrastructure. The NDRC shall pass a resolution to set the priority
allocations and govern and trigger the acceleration and implementation of this
section.

Of the amount appropriated for the Disaster Resilience Fund, twenty percent
(20%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for
repositioning of goods and equipment and relief and early recovery programs in
order that situation and living conditions of people in communities or areas
stricken by disasters, epidemics, or complex emergencies, may be normalized as

3)

quickly as possible.

4) All departments/agencies and local government units that are allocated with
Local Disaster Resilience Fund shall submit to the Department their monthly
statements on the utilization of Local Disaster Resilience Funds and make an
accounting thereof in accordance with existing accounting and auditing rules.

5) All departments, bureaus, offices and agencies of the government are hereby
authorized to use a portion of their appropriations to implement projects
designed to address disaster risk and vulnerable reduction-climate change
adaptation activities in accordance with the Disaster Resilience Plan and the
guidelines to be issued by the DRC in coordination with the Department of
Budget and Management (DBM) and Commission on Audit (COA).


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Unexpended LDRF shall accrue to a trust fund solely for the purpose of
supporting disaster risk reduction and management and climate change adaptation
activities of the LDRCs within the next two (2) years. Any such amount still not fully
utilized after two (2) years shall revert back to the general fund and will be available for
other social services to be identified by the local sanggunian.

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

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

ARTICLE XXI
FINAL PROVISIONS

SEC. 69. Transfer and Attached of Offices, Agencies, and Personnel. ~ (a) The
following offices and agencies are hereby transferred to the Department including their
powers and functions, funds and appropriations, obligations, records, equipment,
property, and personnel;
1. Office of Civil Defense;
2. Climate Change Office of the Climate Change Commission;
3. Geo-Hazard Assessment and Engineering Geology Section of the Mines and
Geosciences Bureau;

4. Health Emergency Management Bureau of the Department of Health

5. Disaster Response Assistance and Management Bureau of the Department of
Social Welfare and Development;

6. Bureau of Fire Protection; and

7. Program Management Office for Earthquake Resiliency of the Greater Metro
Manila Area.

(b) The powers and functions, applicable funds and appropriations, records,
equipment, property and personnel of the following agencies are attached to the
Department:


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1. Philippine Atmospheric, Geophysical and Astronomical Services Administration
(PAGASA); and

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

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

SEC. 70. Separation Benefits of Officials and Employees of Affected Agencies —
National government employees displaced or separated from the service as a result of
this Act shall be entitled to separation pay and other benefits in accordance with
Republic Act No. 6656, otherwise known as “Government Reorganization Law’ and
other existing laws, rules or regulations. Provided, That those who are qualified to
retire under existing retirement laws shall be allowed to retire and receive retirement
benefits to which they may be entitled under applicable laws and issuances.

SEC. 71. Special Benefits and Privileges. Qualified employees of the DDR, local
government units and its attached units shall be covered by Republic Act No. 8439,
known as the Magna Carta for Scientists, Engineers, Researchers and Other Science
and Technology Personnel in the Government, and Republic Act No. 7005, otherwise
known as “Magna Carta for Public Health Workers.”

SEC. 72. Hazard Pay and Other Allowances and Benefits. — Qualified personnel of
the Department shall be entitled to receive hazard pay and other allowances and
benefits, in accordance with such policies and regulations promulgated by Department,
in consultation with the DBM and the COA.

SEC. 73. Implementing Rules and Regulations. The Department, in consultation
with concerned stakeholders, shall issue the necessary rules and regulations for the
effective implementation of this Act within ninety (90) days from the effectivity of this
Act.

SEC. 74. Congressional Oversight Committee. — (a) There shall be created a
Congressional Oversight Committee on Climate Change and Disaster Resilience to
monitor and oversee the implementation of the provisions of this Act. The committee
shall be composed of six (6) Members of the House of Representatives and six (6)
Senators to be designated by the Speaker of the House of Representatives and the

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President of the Senate, respectively from their appropriate committees: 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.

(b) Five (5) years after the effectivity of this Act, or as the need arises, the
Congressional Oversight Committee shall conduct a systematic evaluation of the
accomplishments and impact of this Act, as well as the performance and organizational
structure of its implementing agencies, for purposes of determining remedial legislation.

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

SEC. 76. Repealing Clause. — All other laws, decrees, executive orders and
issuances, proclamations, rules and regulations, and other issuances or parts thereof
that are inconsistent with the provisions of this Act are hereby repealed or amended,
accordingly.

SEC. 77. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in the Officia/ Gazette or in a newspaper of general circulation.

Approved,