Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

House BILL Not 6075

Introduced by Representative JOEY SARTE SALCEDA

AN ACT CREATING THE DEPARTMENT OF DISASTER RESILIENCY AND
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Why We Need to Amend our Disaster Risk Reduction and Management Law?

Eight years after the enactment of R.A, 10121, concern about the destruction and sufferings
that typhoons and earthquakes cause goads the President of the Philippines, His Excellency
Rodrigo Roa Duterte to ask, during his State of the Nation Address (SONA) delivered on July
24, 2017, “both houses of Congress to expeditiously craft a law establishing a new authority
or department that is responsive to the prevailing 21st century conditions and empowered to
best deliver [an] enhanced disaster resiliency and quick disaster response.”

R.A. 10121 was a landmark legislation for Philippine disaster risk reduction and
management. It initiated a shift from our decades-old DRRM policy on reactive emergency
management and preparedness, to one that is proactive by prioritizing disaster risk
reduction, prevention and mitigation over disaster response. Many years of intense advocacy
work by stakeholders and two unfortunate large scale disasters - Typhoons Reming, Ondoy
and Pepeng ~ hitting Luzon particularly hurting Albay, Bicol in 2006 and Metro Manila in
2009 finally compelled the passage of R.A. 10121 after 32 years from P.D.1566 of 1978.

Among the institutional innovations of R.A. 10121 is the establishment of permanent disaster
management offices at all levels of local government in contrast to the disaster management
councils before but which for economic expediency was maintained at the barangay level.
‘The practice of permanent disaster management office was pioneered by the Province of
Albay in 1994 which was hailed internationally as one of the best working practices in
achieving goal of zero casualty during disasters. Likewise, there was consensus that the
membership of the inter-agency body, the National Disaster Coordinating Council (NDCC),
was radically expanded, transforming it into the National Disaster Risk Reduction and


Management Council (NDRRMC) as we know it today, which is now mandated to supervise
and lead not only in emergency management but also in the implementation of disaster risk
reduction through its “policy-making, coordination, integration, supervision, monitoring and
evaluation” functions.

One of the key policy contentions is whether to establish an independent, high-level
institution or to maintain the existing institutional set up was already adequate to address the
country’s mounting challenges in disaster risk reduction and management as risks of climate
change and urbanization were rising just as ambitions for social change were similarly
heightening. RA. 10121 decided that the organizational structure, financial and human
resources of the Office of Civil Defense (OCD) were adequate to make it the lead agency in
“administering a comprehensive national civil defense and disaster risk reduction and
management program,”

But the structural strength of R.A. 10121 was to be continuously stress-tested by several
disasters which culminated with Super Typhoon Yolanda — which took almost 10,000 lives
and destroying billions of pesos of livelihoods and economic assets in one fell swoop. This
exposed the weaknesses of the institutional set up under R.A. 10121 where extreme
difficulties were encountered in carrying out the heavy responsibility of concretely
integrating the disaster risk management framework in our national and local planning
processes, and ensuring that institutions tasked with safeguarding environmental
protection, health and well. being, sustainable livelihoods, social protection and the
regulation of public and private infrastructure are actually equipped with skills and
knowledge necessary for effective risk assessments and vulnerability reduction, so that
the impacts of disasters are truly prevented or mitigated.

While R.A, 10121's strength lies in its institutionalization of stakeholder
participation in policymaking for disaster risk reduction and management, through an
expanded membership of the Council, and while this, in itself, is a development by leaps and
bounds, R.A. 10121's shortcoming is its failure to create an institution that is in a sufficiently
high position to oversee the implementation of streamlined disaster risk reduction and
management policies nationwide, an institution that has the necessary authority, mandate
and resources to lead and coordinate the efforts of different stakeholders towards a more
resilient nation. The occurrence of Super Typhoon Yolanda and other large-scale disasters
revealed that problems encountered in coordinating and implementing large-scale disaster
risk reduction and management efforts are rooted primarily in the nature of our governance
framework for disaster risk reduction and management.

Renowned American jurist Oliver Wendell Holmes once said that the life of the law has not
been logic, but experience. Our policies should be responsive to lessons learned through
experience, and this could not be truer than in the realm of disaster risk reduction and
management. In 2015, the Global Climate Risk Index ranked the Philippines fifth
among the most affected countries within a 20-year period (1994 to 2013), with the
most number of climate-related extreme weather events during that period In 2015, the
World Risk Index raised the ranking of the Philippines as the second most at-risk country out
of 171 countries in the world. Because of the adverse impacts of climate change as well as
the increasing number of human settlements, the risks that we as a country face increase
every day, and these risks can only be expected to become worse in the face of the new
normal. Our policies should be designed to face this new normal.


In line with the mechanism of the Sunset Review, which mandates the Congressional
Oversight Committee to conduct a systematic evaluation of the accomplishments and impact
of R.A. 10121 as well as the performance and organizational structure of its implementing
agencies, for purposes of determining remedial legislation within five years from the law's
effectivity, member agencies of the NDRRMC, civil society organizations and basic sectors
have conducted consultations and dialogues on their experiences in implementing R.A.
10121 through the past disasters, identified the issues and gaps of the law, and looked at how
the law can be further improved to address the ever increasing challenges of disaster risk
reduction and management in the Philippines

‘The Department of Disaster Resiliency:

This present bill is the product of action research, sharing of practical learning
experiences, learning by doing, and dynamic discussions among multiple stakeholders
from national and local government agencies, academe, private sectors, non-government
organizations and community practitioners while benefitting from comparable international
experiences. As a answer to the result and output of these consultations and research, it is
the intention of this bill to establish a much-needed, stronger, self-governing Department of
Disaster Resiliency (DRR), one that is clearly mandated to lead in the planning, coordination,
monitoring, oversight and implementation of disaster risk and vulnerability reduction and
management, equipped with the necessary competency and resources to engage new actors,
particularly in the field of risk transfer and insurance, and built with the necessary structure to
manage broader climate-disaster governance arrangements and oversee the implementation of
disaster risk and vulnerability reduction and management towards Sendai Framework on
Disaster Risk Reduction and the Sustainable Development Goals, as enshrined in the 2030
Agenda for Sustainable Development. These agreements are of particular significance for the
Philippines for addressing common, interlocking issues affecting the country's aspiration for
a prosperous, sustainable future. These issues converge on the Philippines’ vulnerabilities
which stem from its geographical location, socioeconomic features including a rapidly
growing population, and external factors like climate change which is outstripping the
country’s natural coping capacity.

This bill has the strategic clarity of describing and empowering the DRR as the lead agency
for the implementation of (1) vulnerability and risk reduction policies, programs and projects;
(2) rehabilitation and reconstruction; and (3) assess collective progress towards achieving
purpose of Agreement and its long-term goals, and to do so in a comprehensive sustainable
manner, considering prevention, mitigation, anticipatory adaptation measures and support, in
the light of equity, capacity building, best available science, technology transfer and other
development.

‘The Department, ensure that it has a sufficiently high level of expert to orchestrate different
actors, policies and programs for disaster risk and vulnerability reduction and management.
It has the authority not only to receive but also to administer, mobilize, report, monitor and

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oversee the utilization of the DRR Fund, recovery and rehabilitation accessing funds, and
absorbing funds and donations for disaster risk reduction and management.

The DRR will be separated from the Office of Civil Defense which will continue to perform
its original mandate under L.O.1. 19 (1971) and P-D. 1566 that are not directly or indirectly
repealed by this amendatory bill, particularly its duty to administer a comprehensive national
civil defense and civil assistance program, the training of community volunteers for civil
defense and assistance, and other mechanisms for community preparedness. ‘The National
Disaster Risk Reduction and Management Council (NDRRMC) will now focus solely on
policy-making and function as a platform for coordination of policy concems with the DRR
organizing and managing the secretariat and the operations center to support the NDRRMC.

‘The propose Department of Disaster Resiliency is a robust response to the call of President
Rodrigo Roa Duterte during his State of the Nation Address (SONA) delivered on 24 July
2017, lessons identified and learned throughout the country’s recent catastrophes while
applying and employing the mechanisms provided by R.A. 10121 — they invariably point to
the need for a strong and independent regulator and monitoring body that will ensure the
effectiveness and accountability of duty-bearers in the performance of disaster risk reduction
and management. Most importantly, this bill seeks to ensure the safety and welfare of both
present and future generations of Filipinos, and establish a strong Department and more
inclusive climate change adaptation, disaster risk and vulnerability reduction and
management policies so that the needs of those who are most at-risk will be met.

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


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

~ 6075

HOUSE BILL NO.

Introduced by Representative JOEY SARTE SALCEDA

AN ACT CREATING THE DEPARTMENT OF DISASTER RESILIENCY AND

DEFIN|

|G ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title ~ This Act shall be known as the “Department of Disaster
Resilience Act of 2017".

SECTION 2, Declaration of Policies and Principles ~ (a) DUTIES OF THE STATE.
‘The State as the duty-bearer has the responsibility to carry out our policies on disaster risk
reduction and management, and harmonize disaster risk reduction and management policies
to climate change, sustainable development, and environmental management to protect the
welfare and advance the future of right-holders principally the vulnerable sectors of society.

It shall be the duty of the State to:

Uphold the people's constitutional right to life and property by minimizing, if
not eradicating, the root causes of vulnerabilities to disasters,
strengthening the country's institutional capacity for disaster risk and
vulnerability reduction and management, and building the resilience of local
communities to disasters including climate change impacts, and human
induced disasters;

Incorporate internationally accepted principles of disaster risk and
vulnerability reduction and management and climate change adaptation,
including universal principles and standards for humanitarian assistance, when


ii.

Vi

vii.

viii,

developing and implementing national, regional and local sustainable
development and poverty reduction strategies, policies, plans and budgets, as
part of the country’s commitment to overcome human suffering due to
disasters;

Ensure a science-based in a whole-of-society approach and bottom-up
Participation, representation, and decision-making in climate-disaster risk
governance, risk assessment, risk reduction and risk management, and adopt a
comprehensive, integrated, and proactive approach to lessening the
socioeconomic and environmental impacts of disasters and climate change;
Promote and advance the implementation of a comprehensive Disaster Risk
and Vulnerability Reduction Plan (DRVRP) that aims to strengthen the
capacity of the national government and the local government units
(LGUs), together with development partner stakeholders, build the disaster
resilience of communities, and institutionalize arrangements and measures
for reducing disaster risks, including projected climate risks, and enhance
disaster preparedness and response capabilities at all levels;

Uphold mainstreaming of disaster risk and vulnerability reduction and

climate change adaptation in development processes such as policy
formulation, socio-economic development planning, budgeting, and
governance, particularly in the areas of Coastal Health, Agriculture, Water
Forestry, Fishery, Biodiversity, Environment, Ecosystem. Energy, Education
Tourism, Infrastructure, Settlement and Mining (CHAWFFBEEEETISM),
poverty reduction, land-use and urban planning, and housing, among others;

Develop, maintain, and ensure the accessibility of climate and geospatial
information and services to the public through Open Data, which means data
that can be freely used, re-used, and redistributed by anyone - subject only, at
‘most, to the requirement to attribute and share alike. This includes the use of a
complete coverage and access to large scale 1:10,000 probabilistic hazard
maps and high resolution topographic maps in digital format (i.e. LiDAR,
IESAR, digital photogrammetry — derived topography).

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

Recognize and strengthen the capacities of LGUs, communities and multiple
stakeholders in mitigating and preparing for, responding to, and recovering
from the impact of disasters through identification of local risk patterns, and
decentralized powers, responsibilities, and resources at the regional and local
levels;

Adopt and implement a comprehensive, integrated, efficient and
responsive disaster risk and vulnerability reduction program that is
incorporated in the development plan at various levels of government adhering


xii.

xiii

xiv.

to transparency, accountability and other principles of good governance
within the context of poverty alleviation and environmental protection;

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 DRVRM processes across all government levels, including those
offices which manage peace processes and conflict-resolution approaches, so
as to minimize loss of lives and damage to properties and ensure that
communities in conflict zones can immediately resume their normal lives at
the conclusion of episodes of intermittent conflicts.

Adopt a disaster risk and vulnerability reduction and management approach
that is holistic, comprehensive, integrated, and proactive in lessening the
socioeconomic and environmental impacts of disasters including climate
change, and promote the involvement and participation of all sectors and all
stakeholders concerned, at all levels, especially the local community.

Prioritize the development of disaster prevention and mitigation
measures involving all levels of society and government;

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

Adhere to the principle of “Build Better Forward” in recovery and
rehabilitation efforts by applying sustainable standards, programs,
technologies, and techniques which enhance resilience against future hazards;

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;

i. Create an enabling environment for substantial and sustainable participation of

CSOs, private groups, volunteers and communities, and recognize their
contributions to the disaster risk reduction and management efforts of
government,

Ensure the use of advanced science and the most up-to-date technologies in
climate change adaptation, disaster risk and vulnerability reduction and
management through engagement, consultation, and employment with a
regular department funding of academe/higher education institutions (ic.
University of the Philippines Resilience Institute, University of the Philippines
Nationwide Operational Assessment of Hazards Center) that have a credible
track record both locally and internationally as well as capacity to implement
the science and engineering requirements necessary for effective CCA-DRVR.

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xviii

xix.

xxi,

xxiii.

Ensure workers’ rights are respected during the disaster preparedness
and response phases, and actively engage workers and employers’
organizations to share expertise and capacities in disaster risk reduction and
climate change adaptation programs,

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

Adopt and manage a mechanism for the effective resolution of DRVRM-
related grievances;

Recognize families as the most basic unit of DRVRM_ through
developing the capacity of local institutions and providing technical
assistance and financial support to the most vulnerable communities;

Ensure that the best possible assistance and services are delivered to
individuals and families affected by disaster and emergency rehabilitation
projects which resumption of normal social and economic activities; and,

Uphold provision of protection and humanitarian assistance by the national
and local government to internally displaced persons within its jurisdiction as
a result of natural or human-induced disasters. The State shall ensure that the
following rights of internally displaced persons during and after a
disaster shall be protected: provision and access to basic necessities,
Protection against criminal offenses and other unlawful acts, freedom of
movement, recognition, issuance and replacement of document, family
unity and missing persons, health and education, and property and
possessions,

(b) ROLES AND RESPONSIBILITIES OF STAKEHOLDERS. The commitment,
goodwill, knowledge, experience and resources of relevant stakeholders are required for the
realization of a safer, adaptive, resilient and inclusive Filipino community. Citizens have the
shared vision and duty to provide support to the State in the implementation of policies and
programs, particularly the Disaster Resilience Framework and Plan at the national, regional
and local levels.

Civil society, non-governmental organizations, volunteers, 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 context of the development
and implementation of normative frameworks, standards and plans for
disaster risk reduction; engage in the implementation of local, national,
regional and global plans and strategies; contribute to and support public
awareness, a culture of prevention and education on disaster risk, and advocate
for resilient communities and an inclusive and whole of society disaster


risk reduction and management which strengthen the synergies across
groups, as appropriate,

a) Women and girls shall contribute to and participate in
effectively managing disaster risk and designing, resourcing and leading
implementation of gender sensitive disaster risk reduction and
management policies, plans, and programmes.

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

©) Older persons, having years of knowledge, skills and wisdom, are
invaluable assets to reducing disaster risk, and shall therefore participate in
the design of policies, plans and mechanisms, including those for carly
waming;

d) Migrants shall contribute to the resilience of communities and societies
using their knowledge, skills and capacities in the design and
implementation of disaster risk reduction;

€) Indigenous peoples and Muslim Filipinos, through their experience and
traditional knowledge, shall contribute to the development and
implementation of policies, plans and mechanisms, including those for
early warming;

f) The urban poor shall contribute to resilience building as well as in the
Promotion of a more inclusive and transformative resettlement for
informal settler families in reducing their vulnerability to threats of
disaster and climate risks through state and non-state programs; Farmers
and fisher folks 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 reduction into
sustainable development policies and planning; and

g) Emergency responders, volunteers, and organized volunteer organizations
shall contribute to resilience by aiding 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 and
‘Training Institute.

Academia, scientific and research entities and networks are encouraged
to focus their DRVRM studies 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;

3


support action by local communities and authorities; and support the interface
between policy and science for decision-making,

iii. Business, professional associations and private sector financial
institutions, including financial regulators and accounting bodies, as well as
philanthropic foundations shall integrate disaster risk management,
including business continuity, into business models 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 non- sensitive 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;

iv. Media shall take an active and inclusive role at local, regional and national
levels in contributing to the raising of public awareness and understanding,
information, including on small-scale disasters, in a simple, transparent, easy-
to- understand and accessible manner, in close cooperation with national
authorities, adopt specific disaster risk reduction communication
policies; support, as appropnate, carly warming systems and life-
saving protective measures; and stimulate a culture of prevention
and strong community involvement in sustained public education
‘campaigns and public consultations at all levels of society, in accordance with
national practices,

SECTION 3. Definition of Terms ~ For purposes of this Act, the following shall refer

a) “Adaptation” — 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.

b) “Assisting Actor” — any Assisting Intemational Actor and any Assisting
Domestic Actor responding to a disaster in the country.

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

d) “Assisting International Actor” — any foreign state, organization, entity or
individual responding to a Disaster within or transiting through the country to
Tespond to a disaster in another country.

) “Capacity” — 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

6


knowledge, skills and collective attributes such as social relationships,
leadership and management. Capacity may also be described as capability.

f) “Civil Society Organizations (CSOs)” — 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, and are
based on ethical, cultural, scientific, religious or philanthropic considerations.
CSOs include nongovernment organizations (NGOs), professional
associations, foundations, independent research institutes, community-based
organizations (CBOs), faith- based organizations, people's organizations,
social movements, and labor unions.

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

h) “Community-Based Disaster Risk Reduction and Management (CBDRRM)" —
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” — 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.

j) “Contingency Planning” — a management process that analyzes specific
potential events or emerging situations that might threaten society or the
environment and establishes arrangements in advance to enable timely,
effective and appropriate responses to such events and situations.

k) “Disability” — an evolving concept that results from the interaction
between persons with impairments, as defined under RA 7277, and attitudinal
and environmental barriers that hinder their full and effective participation in
society on an equal basis with others.

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

m) “Disaster Mitigation” —the lessening or limitation of the adverse impacts
of hazards. Mitigation measures encompass engineering techniques and

7


hazard- resistant construction as well as improved environmental, land use
planning, climate change and other sectoral policies and public awareness.

n) “Disaster Preparedness” —the knowledge and capacities developed by
governments, professional response and recovery organizations,
communities and individuals to effectively anticipate, respond to, and
recover from, the 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.

©) “Disaster Prevention” — 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.

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

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

1) “Disaster Risk Governance” 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.

s) “Disaster Risk Management” — 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.

1). “Disaster Risk Reduction” — 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

8


vulnerability of people and property, wise management of land and the
environment, and improved preparedness for adverse events.

u) “Disaster Risk and Vulnerability Reduction” — 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, assetss or system to
the impacts of hazards through systematic efforts to analyse and reduce the
causal factors of disasters all of which contribute to strengthening resilience
and therefore to the achievement of sustainable development.

¥) “Disaster Risk Reduction and Management Information System”
specialized database which contains, among others, information | -
disasters and their human, material, economic and environmental impact,
risk assessment and mapping, and vulnerable and marginalized groups.

w) “Early Warning System” — 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 expression "end-to-end
warning system” is also used to emphasize 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.

x) “Ecosystem Management and Restoration” — an integrated process to
conserve, improve and restore the health of the ecosystem that sustains
ecosystem services for human well-being.

“Eligible Assisting Actor” — any assisting actor that has been determined to be
cligible to receive legal facilities as provided in this Act and its implementing
tules and regulations.

y,

z) “Emergency” — unforeseen or sudden occurrence, especially danger,
demanding immediate action.

bape’ Management” — the organization and management of resources
and responsibilities for addressing all aspects of emergencies, in particular
response and initial recovery steps.

bb) “Exposure” — the degree to which the elements at risk are likely to experience
hazard events of different magnitudes.


ec) “Gender-based Violence” — violence that is directed against a woman because
of her gender, or that affects women disproportionately. It includes acts that
inflict physical, mental or sexual harm or suffering, threats of such acts,
coercion and other deprivations of liberty

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

ee) “Geographically Isolated and Disadvantaged Area (GIDA)” ~

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

ff) “Hazard” — a dangerous phenomenon, either natural or human-induced, that
may cause loss of life, injury or other health impacts, property damage,
loss of liveliood and services, social and economic disruption, or
environmental damage.

gg) “Human-Induced Hazard” — an event that is caused by humans and occur in or
close to human settlements or a particular environmental area. This can
include environmental degradation, technological or industrial conditions,
pollution, accidents (eg high density events, industrial and transport
accidents) complex emergencies, armed conflict, situations of generalized
and/or organized violence, and violation of human rights.

hh) “Intemational Disaster Relief and Initial Recovery Period” — 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

ii) “Internally Displaced Persons” — persons or groups of persons who have been
forced or obliged to flee or to leave their homes or places of habitual residence
within national borders, 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.

ij) “International Personne!” —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
recruitment by the international assisting actor.

kk)“Land-Use Planning” ~ the process undertaken by public authorities to
identify, evaluate and decide on different options for the use of
land, including consideration of long-term economic, social and

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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

Il) “Legal Facilities” — special entitlements and exemptions that are made
available to eligible assisting actors under this Act

mm) “National Disaster Risk Reduction and Management Framework ~
provides for comprehensive, all hazards, multi-sectoral, inter-agency and
‘community-based approach to disaster risk reduction and management

nn) “National Disaster Risk Reduction and Management Plan (NDRRMP)” ~ the
document to be formulated by the NDRRMC 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 NDRRMP
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 m 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 Hazards” ~ naturally occurring physical phenomena caused either
by rapid or slow onset events which can be geological (earthquakes ground
rupture, liquefaction, landslides, tsunamis, sinkholes, and volcanic activity),
hydrological and meteorological (floods, severe winds, typhoons, storm
surges), climatological variability (extreme temperatures, El Nifio, La Nifia,
forest fires), or biological (disease, epidemics and insect/animal plagues),

pp)“Open Data” — data that can be freely used, shared and buili-on by anyone,
anywhere, for any purpose. It must be available in bulk, it 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 too. It also must permit people
to use it, re-use it, and redistribute it, including intermixing with other datasets
and distributing the results. Lastly, it does not allow conditions to be placed on
how people can use Open Data, but it does permit a data provider to require
‘that data users credit them in some appropriate way, make it clear if the data
has been changed, or that any new datasets created using their data are also
shared as open data.

qq)“Persons with Disabilities” — include those who have long-term physical,
mental, intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in society on an
equal basis with others.


1) “Pre-Disaster Risk Assessment” —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 forms a basis to determine the appropriate level of
response actions from the national level government agencies down
to the local government units. It is hazard-specific, area focused and time-
bound.

ss) “Post-Disaster Recovery” - 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 principles of “build back better”.

tt) “Private Sector”—comprises private corporations, households, non-profit
institutions serving households, and other economic enterprises outside of
government.

uuu) “Public Sector Employees” — all persons in the civil service

w)“Recovery"*— rehabilitation measures that ensure the ability of affected
communities or areas to restore their normal level of functioning by restoring
livelihoods and services, reconstruction of damaged infrastructures and
increasing the communities’ organizational capacity.

ww) “Resilience” ~ the ability of a system, community or society exposed
to hazards to resist, absorb, adapt 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

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

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

zz) “Probabilistic Risk Assessment” — simulates those future disasters which,
based on scientific evidence, are likely to occur (UNISDR, 2015). As a result,
these risk assessments resolve the problem posed by the limits of historical
data (UNISDR, 2015). Probabilistic models "complete" historical records by
reproducing the physics of the phenomena and recreating the intensity of a
large number of synthetic events (UNISDR, 2015), 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 our incomplete
understanding and measurement of the hazards, exposure, and vulnerability.

12


aaa) “Deterministic Risk Assessment” — is 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.

bbb) “Risk Transfer” —the process of formally or informally shifting
the financial consequences of particular risks from one party to another
whereby a household, community, enterprise or state authority will obtain
resources from the other party after a disaster occurs, in exchange for
‘ongoing or compensatory social or financial benefits provided to that other
party.

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

ddd) “Sustainable Development” — development that meets the needs of the
present without compromising the ability of future generations to meet their
own needs.

cee) “Vulnerability” — 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.

fff)“Vulnerable and Marginalized Groups” — those who are at risk due to poverty
and other underlying risk factors including, but not limited to, women,
children, elderly, differently-abled people, and ethnic minorities.

ggg) “Whole-of-society Approach” — the meaningful participation of and synergy
of stakeholders that represent different interests in all aspects of climate
change adaptation, disaster risk and vulnerability reduction and management
across all levels. “Acknowledge the contribution of and important role played
by all relevant stakeholders, including individuals, families and communities,
intergovernmental organizations and religious institutions, civil society,
academia, the media, voluntary associations and, where and as appropriate, the
private sector and industry.”

hhh) “Whole of Goverment Approach, an approach that integrates the collaborative
efforts of the departments and agencies to achieve unity of effort toward a shared goal
to broadens the government's options, increases efficiency to maximize all available
resources in a collaborative effort.”

ii) “Whole of Nation Approns, mn 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.”

13


jij) “Youth” — those persons aged fifteen (15) to thirty (30) years old, as
provided for under R.A. 8044, or the “Youth in Nation-Building Act”

CHAPTER IL
DEPARTMENT OF DISASTER RESILIENCE

SECTION 4. Creation of the Department of Disaster Resilience~ For the purpose of
carrying out and effecting the declared policies of this Act, there is hereby created a
Department of Disaster Resilience, herein aficr referred to as the Department. Considering
its important role in times of disasters.

It shall be the primary government agency accountable and responsible for
overseeing, coordinating and implementing a comprehensive disaster risk and vulnerability
reduction and management program. It shall provide leadership in the continuous
development of strategic and systematic approaches to disaster prevention, mitigation,
preparedness, response, recovery and rehabilitation. Moreover, it shall augment
implementation of DRVRM programs in collaboration with relevant national government
agencies, LGUs, civil society and people's organizations, and other stakeholders.

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

Monitor the integration of disaster risk and vulnerability reduction and
management policies into national development plans to achieve Sendai
Framework and Agenda 2030 for sustainable development goals;

'b) Oversee and direct the comprehensive implementation of disaster risk and
vulnerability reduction and management policies, plans and programs as
embodied in the National Framework and Plan ;

©) Review and evaluate the Local Disaster Resilience Plan (LDRP) and other
local plans to ensure their consistency with the National Disaster Risk
Reduction and Management Framework and Plan;

d) Oversee, direct and undertake programs and projects to identify, assess,
prioritize and localize hazards and risks in the country in consultation with key
national government agencies and stakeholders especially local governments
and local communities;

¢) Oversee a national early warning and emergency alert system which shall
provide accurate, timely and accessible advice, through diverse mass media
and telecommunications, to national and local emergency response
organizations and the general public;

f) Deploy rapid assessment teams, gather information, and, guided by the
principle of inter-operability, coordinate information-sharing and other

i


disaster risk reduction and management protocols among national and local
government agencies before, during and after a disaster

g) Receive, administer, mobilize, report and monitor and oversee the
utilization of the Department of Disaster Resilience Fund (DDRF), recovery
and rehabilitation funds, and donations for disaster risk reduction and
management, unless otherwise specified,

h) Procure goods and services during emergencies in accordance with
existing emergency procurement rules and regulations,

j) Issue special procurement rules for preparedness, response and recovery
activities including those prompted by a declaration of state of calamity and a
state of imminent disaster,

j) Establish and monitor local and national capacity for disaster risk
financing and insurance and other risk transfer strategies in coordination with
DOF and GSIS;

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

1) Prepare, organize, lead, control and manage the post-disaster recovery and
rehabilitation programs in coordination with the affected local governments
and national government agencies, in so doing, implement the cluster
‘approach to expedite the reconstruction effort and orchestrate and serve as the
clearing house for the participation of international players in such process,

m) Establish a Disaster Resilience Research and Training Center that shall
provide a ladderized training program on disaster risk and vulnerability
reduction and management for DDRM professionals and other stakeholders in
the public and private sector. The Research and Training Center shall
accredit disaster risk and vulnerability reduction and management trainers
or instructors,

n) Ensure the use of advanced science and the most up-to-date technologies in
climate change adaptation and disaster risk reduction and management
through engagement, consultation, and employment with a regular department
funding of academe/higher education institutions (i.¢. University of the
Philippines Resilience Institute, University of the Philippines Nationwide
Operational Assessment of Hazards Center) that have a credible track record
both locally and internationally as well as capacity to implement the science
and engineering requirements necessary for effective CCA-DRVR.

©) Establish the DDR Council Secretariat and an operating facility to be known

as the Department of Disaster Resilience Council Secretariat and Operations
Center (DDRCSOC) under the operational control of the Secretary and

15


functional supervision of the Operations Service that shall be operated and
staffed on a twenty-four (24) hour basis,

p) Establish a Department of Disaster Resilience Information System (DDRIS) to
facilitate reporting;

4) Develop the criteria and procedure for the enlistment of accredited community
disaster resilience volunteers (ACDRVs). It shall include a manual of
operations for the volunteers which shall be developed by the Authority in
consultation with various stakeholders, j

1) Create the necessary offices to perform its mandate as provided under this
Act; and

s) Perform such other functions as may be necessary for effective
operations and implementation of this Act.

SECTION 6. Office of the Department Secretary ~ (a) The Department shall be
headed by a Secretary with the rank and emoluments of a Cabinet Secretary. The Secretary
shall be appointed by the President based on qualifications herein provided and shall hold
office for a period of six (6) years. His or her appointment may be extended for another non-
extendible term of six (6) years and shall only be removed for cause in accordance with the
rales and regulations prescribed by the Civil Service Commission.

(b) All appointees shall be universally acknowledged experts in the field of disaster
risk and vulnerability reduction and management and climate change and of proven honesty
and integrity.

SECTION 7. Powers of the Secretary ~ The Secretary shall exercise the following
functions

a) Establish policies and standards for the effective, efficient, and
economical operation of the Department in accordance with the programs of
the Government;

'b) Exercise direct supervision and control over all functions and activities of
the Authority, as well as all its officers and personnel;

c) Call upon other instrumentalities or entities of the government and non-
government and civic organizations for assistance in terms of the use of their
facilities and resources for the protection and preservation of life and
properties in the whole range of disaster risk and vulnerability reduction and
management and climate change adaptation. This authority includes the power
to call on the reserve force as defined in Republic Act No. 7077 to assist in
relief and rescue during disasters or calamities,

4) Create regional and field offices and such other service units and divisions as
may be necessary; and


¢) Perform such other functions as may be necessary or proper to attain
the objectives of this Act.

CHAPTER Il
HUMAN RESOURCE MANAGEMENT

SECTION 8. Organizational Structure — The Department shall be composed of the
following key offices

8) Office of the Secretary as provided in Section 6.

b) Three (3) services, namely the Operations Service, the Administration and
Finance Service, and the Capacity Development Service. Each service shall
bbe headed by and with the rank of Undersecretary

‘The Operations Service is responsible for coordinating, monitoring,
implementing and augmenting, as appropriate, programs for disaster risk
prevention and mitigation, preparedness, response, and recovery. The
Administration and Finance Service shall be in charge of managing the
internal operations of the Department. The Capacity Development Service is
responsible for building and developing the capacity of the Department's
personnel, DRVRM practitioners, communities and other public or private
stakeholders for disaster risk and vulnerability reduction and management and
climate change adaptation

Seven (7) divisions, namely the Administration Division and Finance Division
under the Administration Service, the Resiliency Division and Disaster
Management Division under the Operations Service, and the Training Institute
Division, Information Management Division, and External Relations Division
under the Capacity Development Service. Each Division shall be headed by
and with the rank of Assistant Secretary,

¢

d) Regional and other field offices that the Department may establish, operate
and maintain to perform its mandate

¢) Public Assistance and Complaints Office (PACO) —

i. The Department shall establish a PACO in every region. The PACO shall
work jointly with the DOJ and DOF, as appropriate, to render assistance
to and receive complaints from the public regarding alleged violations of
this Act. It shall assist the complainant in the gathering of relevant
documentation and other evidence to support said complaint. The PACO.
shall facilitate the forwarding of the complaint to the appropriate venue
within 15 days from receipt thereof.

ii, The PACO is encouraged to use the best available technology to ensure
that complaints are endorsed to the proper venue and are addressed in a
timely manner.

17


f) Seconded personnel from relevant agencies and detailed service from the AFP,
‘as appropriate.

SECTION 9, Selection of Personnel — The selection of personnel of the Department
shall be based strictly on merit and fitness in accordance with the Civil Service Code and
other pertinent laws. In accordance with the existing occupational index, the formulation of
the organizational structure and staffing pattern shall be completed by within one (1) year
after the effectivity of this Act, and shall be fully implemented within a period of one (1) year
thereafter

SECTION 10, Transfer of OCD Personnel 10 the Department — Upon approval of this
Act, personnel from the Office of Civil Defense may opt to transfer to the Department

CHAPTER IV
FINANCE AND ADMINISTRATION

SECTION 11, 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 Article 9(D),
Section 3 of the 1987 Constitution on the auditing powers of the Commission on Audit.

The Department shall have the power to collect minimum fees derived from the
Training Institute and other related activities to fumd its operations.

SECTION 12. Donation (a) The Department shall have the power to receive
donations and grants from any persons, government institutions, corporations,
international organizations 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.

(b) It shall be mandatory for the Department to certify the receipt of all DDR
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 105 of the Tariff and Customs Code of the Philippines,
as amended, and the prevailing provisions of the General Appropriations Act covering
national intemal revenue taxes and import duties of national and local government
agencies,

All importations and donations under Section 12 (b) shall be considered as

importation by and/or donation to the Department , subject to the approval of the Office of
the President,

CHAPTER V


ROLE OF GOVERNMENT AGENCIES AND STAKEHOLDERS:

SECTION 13. Role of Government Agencies ~ To ensure the effective implementation
of this Act, concerned agencies shall perform the following functions:

a) DEPARTMENT OF DISASTER RESILIENCE COUNCIL —

(1) Policy-Formulating Body — The DDRC shall continue to perform its
functions as a policy-formulating body as provided in Section 6 (a), (b),
(©), (4) (£) G), (&), (D, (m) and (n) of Republic Act 10121.

It shall advice the Department on matters relating to disaster risk and
vulnerability reduction and management consistent with policies and scope
as defined in this Act,

(2) Composition — The DDRC shall be headed by the Secretary as the Council
Chairperson for Inter-agency Coordination, the Secretary of the
Department of National Defense (DND) as the Vice-Chairperson for
Logistics and Resource Mobilization, the Secretary of the Department
of the Interior and Local Government (DILG) as Vice Chairperson for
Disaster Preparedness, the Secretary of the Department of Social
Welfare and Development (DSWD) as Vice Chairperson for Disaster
Response, the Secretary of the Department of Science and Technology
(DOST) as Vice Chairperson for Disaster Prevention and Mitigation,
and the Director-General of the National Economic and
Development Authority (NEDA) as Vice Chairperson for Disaster
Rehabilitation and Recovery. The President may delegate the convening
of the DDRC to the DDR Secretary shall lead policy-making for their
respective thematic area.

‘The members of the DDRC shall be the following:
i. Secretary of the Department of Disaster Resilience (DDR),
ii. Secretary of the Department of Health (DOH);

iii, Secretary of the Department of Environment and Natural Resources
(DENR),

iv. Secretary of the Department of Agriculture (DA);

y. Secretary of the Department of Education (DepEd),

vi. Secretary of the Department of Energy (DOE);

vii. Secretary of the Department of Finance (DOF);

viii. Secretary of the Department of Trade and Industry (DTI),


xi
xii,
xii

xiv.

xvi,

xvii,

xviii,

4

xxviii

ix. Secretary of the Department of Transportation and Communications

(DOTC),

. Secretary of the Department of Budget and Management (DBM);

Secretary of the Department of Public Works and Highways (DPWH);
Secretary of the Department of Foreign Affairs (DFA);

Secretary of the Department of Justice (DOJ);

Secretary of the Department of Labor and Employment (DOLE);

.. Secretary of the Department of Tourism (DOT),

‘The Executive Secretary,

Secretary of the Office of the Presidential Adviser on the Peace
Process (OPAPP),

Chairperson of the Commission on Higher Education (CHED);
Chief of Staff of the Armed Forces of the Philippines (AFP),
Commandant of the Philippine Coast Guard (PCG),
Chief of the Philippine National Police (PNP),

Secretary of the Presidential Communications Operations Office
(PCOO);

|. Seeretary-General of the Philippine Red Cross (PRC);

Chairperson of the Commission on Human Rights (CHR),

Executive Director of the Council for Welfare of Children
(cwe),

|. Basic Sector Vice-Chairperson of the National Anti-Poverty

Commission (NAPC);
Chairperson of the Philippine Commission on Women (PCW),

Chairperson of the Housing and Urban Development Coordinating
Council (HUDCC);

Executive Director, Climate Change Office, Climate Change
Commission;

20


Chairperson of the National Council for Disability Affairs (NCDA),

XXX.
xxxi. Chairperson of the National Commission on Indigenous Filipinos
¢NCIP);
xxxii. Secretary of the National Commission on Muslim Filipinos (NCMF);
xxxiii, Chairperson of the National Youth Commission (NYC);
xxxiv. President of the Government Service Insurance System (GSIS),
xxxv. President of the Social Security System (SSS);
xxxvi. President of the Philippine Health Insurance Corporation (PhilHealth),
xxxvii, President of the Union of Local Authorities of the Philippines
(ULAP);
xxxviii, President of the League of Provinces of the Philippines (LPP);
xxxix. President of the League of Cities of the Philippines (LCP);
xl. President of the League of Municipalities of the Philippines (LMP);
xli, President of the Liga ng mga Barangay (LMB);
xlii. Two (2) representatives from the University of the Philippines
Resilience Institute and the Nationwide Operational Assessment of
Hazards Center,
xliii. Six (6) representatives from the CSOs; and
xliv. Two (2) representatives from the private sector.

(3) Technical Management Group — The DDRC shall constitute a technical

management group composed of representatives of the above mentioned
departments, offices, and organizations, that shall coordinate and meet
with the Department as often as necessary to effectively manage and
sustain national efforts on disaster risk reduction and management; and

(4) Guidelines for the DDR Fund and Local DRFund- The DDRC shall

provide the necessary guidelines and procedures on the Department of
Disaster Resilience Fund (DDR Fund) and the Local Disaster Resilience
Fund (LDRF) releases as well as utilization, accounting and auditing
thereof

(5) Monitoring, Reporting and Validation —

21


i. Monitoring and Reporting. On ot before the last quarter of the
preceding year, member-agencies of the Council shall submit to the
Department through the Council Secretariat their respective DDR
annual work and financial plans (AWEPs) for the next year. The
AWEPS 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 responsible for monitoring the appropriate
implementation of remedial measures by member-agencies of the
Council during a state of calamity. It shall have the authority to
require reports from the appropriate member-agencies regarding
implementation of such measures.

i. Validation. ‘The Secretariat shall require the submission of reports

from LGUs to validate the progress reports of the Council member-
agencies. Submission shall be through the local field offices of the
Authority.

Every two (2) years, the implementation of the Disaster Resilience
Plan (DRP) and utilization of the Local Disaster Resilience Fund
(LDRF) of each province and independent city shall be
evaluated by the Regional Disaster Resilience Council (RDRC)
based on appropriate criteria, such as the Gawad Kalasag Award
criteria for provinces and cities.

b) THE REGIONAL DISASTER RESILIENCE COUNCILS —

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

The RDRCs shall establish the RDRC Secretariat and operating facility to be
known as the Regional Disaster Resilience Secretariat and Operations Center
(RDRSOC) whenever necessary. The RDRSOC shall be under the operational
control of the Regional Director of the Department and functional supervision
of the Operations Service of the regional office.

The Regional Directors of the Department shall serve as chairpersons of
the RDRCs. Its Vice Chairpersons shall be the Regional Directors of the
DSWD, the DILG, the DOST, and the NEDA. In the case of the Autonomous
Region in Muslim Mindanao (ARMM), the Regional Governor shall be the
RDRC Chairperson. In the case of Metro Manila, the MDRC shall be headed
by the Chairperson of the Metro Manila Development Authority.

2


©)

‘The RDRRMCs shall be composed of the executives of regional offices and
field stations at the regional level of the government agencies.

THE LOCAL DISASTER RESILIENCE COUNCILS —

(1) Composition—The LDRC at the provincial, city and municipal level
shall be composed of, but not limited to, the following:

xiii.

‘The Local Chief Executive, Chairperson;
‘The Local Planning and Development Officer, member,

iii. The Head of the LDRO, member,

‘The Head of the Local Social Welfare and Development Office,
member,

‘The Head of the Local Health Office, member,
‘The Head of the Local Agriculture Office, member,

‘The Head of the Gender and Development Office, m
‘The Head of the Local Engineering Office, member,
‘The Head of the Local Veterinary Office, member,
‘The Head of the Local Budget Office, member;

‘The Division Head / Superintendent of Schools of the DepEd member,

|. The highest-ranking officer of the Armed Forces of the Philippines

(AFP) assigned in the area, member,

The Provincial Director / City / Municipal Chief of the
Philippine National Police (PNP), member,

. The Provincial Director / City / Municipal Fire Marshall of the Bureau

of Fire Protection (BFP), member,

. The President of the Association of Barangay Captains (ABC),

member,

‘The Philippine Red Cross (PRC), member,

i. Four (4) accredited CSOs, members, and
iii. One (1) private sector representative, member.


The existing Barangay Development Councils (BDCs) shall serve
as the LDRRMCs in every barangay.

(2) Functions of the LDRC — The LDRCs shall have the following
functions:

i. Approve, monitor and evaluate the implementation of the
LDRPs and regularly review and test the plan consistent with other
national and local planning programs,

ii, Ensure the integration of disaster risk and vulnerability reduction
and climate change adaptation into local development plans, programs
such as Local Disaster Resilience Plan and Local Climate Change
Action Plan (LCCAP) at the provincial, cities and municipalities and
and Community Climate Vulnerability and Disaster Risk Assessment
(CVDRA) of the Barangay Contingency and Adaptation Plan (BCAP)
at the Barangay level and budgets as a strategy in sustainable
development and poverty reduction;

iii, Recommend the implementation of forced or preemptive
evacuation of local residents, if necessary, and

iv. Convene the local council once every three (3) months or as
necessary.

d) LOCAL DISASTER RESILIENCE OFFICE (LDRO) ~

(1) Functions of the LDRO ~ All local government units must establish a
local disaster resilience office at the provincial, city and municipal level
and a Barangay Disaster Resilience Committee (BDRC) in every barangay
to perform the following functions:

i, Design, program, and coordinate disaster risk and vulnerability
reduction and climate change adaptation activities consistent with the
DDRC’s standards and guidelines;

ii Conduct climate vulnerability and disaster risk assessments, local
disaster resilience plan, contingency and adaptation planning activities
‘at the local level, in coordination with the field office of the
Department and other multi-stakeholders, including the vulnerable
and marginalized groups, to ensure that assessments and plans
are validated and integrated in the national, regional and provincial,
city and municipal ecological risk profile;

iii. Consolidate local climate-disaster risk information which includes risk
from natural and human-induced hazards, and maintain a local risk
map for the community;

24


iv.

vii.

viii

Organize and conduct training, orientation, and_knowledge
management activities on disaster risk and vulnerability reduction
and management at the local level, in coordination with the Disaster
Resilience Research and Training Center,

Operate a multi-hazard and inclusive early warming system to
provide accurate and timely report to national or local emergency
response organizations and to the general public, through diverse mass
media, telecommunications, and technologies for communication
within rural communities;

Formulate and implement a comprehensive and integrated
LDRP in accordance with the national, regional and provincial
framework and policies on disaster risk and vulnerability reduction and
climate change adaptation in close coordination with the LDRC to
identify, determine and implement cost-effective climate-disaster risk
reduction contingencies, measures, strategies;

Prepare and submit to the local sanguian through the LDRC the annual
LDR Plan, the proposed programming of the LDRF, other dedicated
disaster risk and vulnerability reduction and resources, and other
regular funding source of the LDRO;

Monitor and mobilize instrumentalities and entities of the LGU and its
partner LGUs, CSOs, private sector, organized volunteers, and
sectoral organizations for disaster preparedness and response to utilize
their facilities and resources for the protection and preservation of
life and properties during emergencies in accordance with existing
policies and procedures;

Include food security and agriculture livelihoods inthe
preparedness and response plans, programs and other mechanisms;

Disseminate information and raise public awareness about
vulnerabilities and risks, their nature, effects, early warning signs and
‘counter-measures;

Establish an resilience information management system within the
LGU and maintain a disaggregated database of human resource,
‘equipment, services, resources, directories and location of critical
infrastructures and their capacities such as hospitals and evacuation
centers,

Develop, strengthen and operationalize mechanisms for partnership or
networking with the private sector, nongovernmental organizations,
CSOs, humanitarian organizations, volunteer groups and other
stakeholders;

25


xiii.

xiv.

xv.

xviii,

xix.

Maintain and provide suitably-trained and competent personnel for
effective disaster risk and vulnerability reduction and climate change
adaptation in its communities and areas ;

Organize, train, equip and supervise the local emergency response
teams and the Accredited Community Disaster Resilience Volunteers
(ACDRVS), ensuring that humanitarian workers are equipped with
basic skills, including gender-sensitive case management and handing
cases of gender-based violence in times of disasters;

Respond to and manage the adverse effects of emergencies and carry
out recovery activities in the affected area, ensuring that there is an
efficient and accessible mechanism for immediate delivery of food,
water, sanitation and hygiene (WASH) services, shelter, health
and nutrition intervention and medical supplies for the affected
population, particularly the vulnerable and marginalized groups;

Serve as the secretariat and executive arm of the LDRC,

i, Establish linkage / network with other LGUs for disaster risk

and vulnerability reduction, climate change adaptation and emergency
response purposes;

Recommend through the LDRC the enactment of local ordinances
consistent with the requirements of this Act;

Establish a Provineial / City / Municipal / Barangay Disaster
Resilience Operations Center,

Prepare and submit, through the LDRC, the report on the
utilization of the LDRF and other dedicated disaster risk and
vulnerability reduction, climate change adaptation and management
resources to the local Commission on Audit (COA), furnishing a copy
to the regional director of the Department and the Local Government
Operations Officer of the DILG; and

Act on other matters that may be authorized by the LDRC;

(2) Organizational Structure of the Local Disaster Resilience Office (LDRO)

and Barangay Disaster Resilience Council (BDRC) ~ The LDRO shall be
under the office of the governor, city or municipal mayor. The level of
organization of the LDRO can either be a department, division, or
section, depending on the financial capability of the LGU,

The LDRO shall be established and headed by a local disaster risk and

vulnerability reduction and management officer with regular plantilla
position. ‘The LDR officer shall likewise have mandatory regular plantilla

26


staff responsible for: administration and training, research and planning,
operations and warning, and information management system.

The BDRC shall be a regular committee of the existing barangay
development council (BDC) and shall be subject thereto, The punong
barangay shall facilitate and ensure the participation of at least two
(2) CSO representatives from existing and active community-based
people's organizations representing the most vulnerable and marginalized
groups in the barangay,

(3) 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 R.A. 7160.

The enforcement of Sections 325(a) and 331(b) of R.A. 7160 shall
‘be waived to enable the LGUs to fund the initial year requirements for the
creation of the minimum five (5) mandatory positions of the LDRO.

Other maintenance and operating expenditures, and other capital outlay
requirements of the LDRO in the implementation of DRVRM and CCA
programs shall be charged to the Local Disaster Resilience Fund.

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

SECTION 14. Integration of DRVR and CCA in the Disaster Resilience Framework
and Plan ~ The Disaster Resilience Framework shall provide for the comprehensive,
probabilistic multi-hazards, 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 on a three (3)
years interval, or as may be deemed necessary, in order to ensure its relevance to the
times

The Disaster Resilience Plan shall provide for the following: (1) identification of the
underlying factors of risk, or the nature and degree of hazards, vulnerabilities,
exposure and capacity, 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 Disaster Resilience Plan shall be in conformity with the Framework.

27


‘The Disaster Resilience Framework and Plan for climate-disaster risk
risk assessment and risk management shall be formulated and approved by the DDRC .

SECTION 15, National Policy on Climate Vulnerability and Disaster Risk
Assessment — The DDRC shall formulate a national policy on vulnerability and risk
‘assessment for technological and environmental risk, natural disaster risk and climate change
risk It shall include a multi-hazard multi-sectoral and inclusive assessment of risk, taking
into consideration the interdependence of disaster risk reduction, environmental management,
climate change adaptation and sustainable development.

For this purpose, national government el } charge of climate vulnerability and
disaster risk assessment shall be guided probabilistic risk assessment
Se Lay et sine onthonc dele Heal make? cre! tok tera cuions and
‘appropriate application of the risk assessment methodology for each type of hazard. Since
climate change impacts are potential disasters of the future, probabilistic risk assessment is
imperative. It is the only kind of risk assessment that considers multi-scenarios of a given
hazard, including the predicted impacts of climate change that may occur in the future,

SECTION 16, Ecosystem-Based Approach to Prevention and Mitigation,
Rehabilitation and Recovery from Disasters ~ The Department shall ensure the application
‘of ecosystems-based approaches in disaster risk and vulnerability reduction and climate
change adaptation, particularly through ecosystem management and restoration as
defined in this Act, and ensuring that environmental and natural resource policies are risk-
informed.

CHAPTER VIL
DDR RESEARCH AND TRAINING CENTER

SECTION 17. Creation of the Department Disaster Resilience Research and Training
Center (DDR -RTC) ~ (a) Within one year from approval of this Act, the Department shall
establish the Disaster Resilience Research and Training Center in collaboration with Higher
Education Institutions such as University of the Philippines Resilience Institute (UP RI)
which shall serve as 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;

(b) The Research and Training Center shall be headed by an Assistant Secretary The
organizational structure and staffing pattem sball be determined by the Department in
consultation with DBM and in accordance with civil service rules and regulations.

(6) The Research and Training Center shall have the following functions:
1) Establish regional branches in Luzon, Visayas and Mindanao, as well as
provincial, city or municipal branches if deemed necessary, to train individuals
from 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,

28


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

3) Develop research programs and a knowledge management system on DRVRM
for the purpose of innovation, capacity building and development,

4

Partner with the academe and research institutions, private sector, civil
society, community-based DRVRM-CCA practitioners and other relevant
sectors in developing research opportunities and programs climate
vulnerability, disaster risk assessment;

5

Establish a resource center for IEC materials, research, publications, best
working practices, lessons identified and learned and other knowledge
products on disaster risk and vulnerability reduction and management;

6)

Consolidate and prepare IEC 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 program
and projects,

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

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

(d) Financial Support to the Center;

1) The budget for the Disaster Resilience Research and Training Center shall be
sourced from the annual General Appropriations Act. It shall have the
authority to collect the necessary minimum fees that shall be used for
maintenance and other operating expenses of the Research and Training
Center.

2) The Department shall assist in the creation of Research and Training
Centers at the provincial, city, and municipal governments, as appropriate.
‘The funding for such local Research and Training Centers may be sourced
from the seventy (70%) percent portion of the LDRF and other financial
sources of the local government unit concemed.

CHAPTER VII
DISASTER RESILIENCE INFORMATION, EDUCATION AND
COMMUNICATION

SECTION 18, Disaster Resilience /nformation Management System (DRIMS) ~ The
Department shall establish a National and Regional Information Management System
forDisaster 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

29


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 DRIMS shall at all times be made available to the Emergency Operations
Center of the National and Regional Disaster Resilience Council (N/RDRC) to ensure the use
of timely, accurate and reliable information for decision- making

SECTION 19. Disaster Resilience and Climate Change Education and Training —(a)
The DepEd, the CHED, the Technical Education and Skills Development Authority
(TESDA), in coordination with the CCC, the National Youth Commission (NYC),
the Department of Science and Technology (DOST), the Department of Environment and
Natural Resources (DENR), the Department of Interior and Local Government Bureau of
Fire (DILG-BFP), the Department of Health (DOH), the Department of Social Welfare and
Development (DSWD) and other relevant agencies, developmental institutions,
nongovernment organizations shall integrate disaster risk and vulnerability reduction and
climate change adaptation education in the school curricula at all levels of education, from K
to 12 to tertiary levels, including the early and adult learning programs, National Service
‘Training Program (NSTP), and education for children and persons with special needs,
whether private or public, including formal and non-formal, technical-vocational, indigenous
learning, out-of- school youth courses and programs, and other channels of educational
integration, including but not limited to media, church, entertainment centers (malls),
international and domestic airports and transport terminals (OF Ws).

(b) The Civil Service Commission (CSC), Professional Regulatory Commission
(PRC) and other licensure-giving bodies shall integrate DRVRM-CCA questions in all
professional and licensure examinations.

(c) The Commission on Higher Education (CHED), in coordination with the DDR and
the Disaster Resilience Research and Training Institute, shall develop a curriculum for
courses or subjects specific to DRVRM and CCA, and shall mandate all tertiary learning
institutions to offer these subjects.

(d) The Parents and Teachers Community Association should initi
participate in DRVRM-CCA related activities in schools and host communities.

», Support, and

(e) The DepEd, the CHED, and the Technical Education and Skills
Development Authority (TESDA) and other developmental institutions/organizations shall
formulate and institutionalize flexible learning options (modules, online learning platforms,
etc.) as part of its disaster risk governance, analysis, and management strategy.

() The DepEd, CHED and TESDA and other developmental
institutions/organizations shall regularly review, monitor, evaluate and report to the Council
the status of integration and implementation of DRVRM -CCA in schools and other learning
institutions.

(g) The LDRCs shall form formal partnerships with tertiary learning institutions
within their respective jurisdictions to provide standard and ladderized training programs
for LGU officials and other DRVRM-CCA multi-stakeholders.

30


(h) The DRC, the RDRCs, the LDRCs, the LDROs, the BDRCs, and the
Sangguniang Kabataan shall encourage the community, specifically the youth, participation
in disaster risk and vulnerability reduction and climate change adaptation activities, such as
Information, Education and Communication (IEC) Campaigns organizing quick response
groups, particularly in identified disaster-prone areas, as well as the inclusion of DRVR-
CCA programs as part of programs and projects of the Sangguniang Kabataan, youth
organizations and community-based DRVRM and anticipatory adaptation initiatives.

(i) The public sector employees, including teachers and Disaster Resilience and
Climate Change Adaptation Coordinators from both the public and private learning
institutions, shall be trained in emergency preparedness and response. The training is
mandatory for such employees and coordinators to comply with the provisions of this Act

SECTION 20. Standard Mechanism for Cascading Information, Education and
Communication on CCA-DRVRM —(a) The DRC shall promote and advocate a culture
of resilience and responsible-accountable citizenship through information, education and
communication that is appropriate, integrated, inclusive, localized, science-based, gender,
culture and disability sensitive and accessible using multimedia. IEC on CCA-DRVRM
should be compelling but not alarming.

(b) The DDRC 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 behavioural 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.

(c) A Disaster Resilience Information Officer shall be designated at all levels of the
Department to ensure implementation of the disaster risk reduction and management IEC
campaign. The DRRM Information Officer shall serve as the primary coordinator
for the dissemination of IEC on CCA-DRVRM.

CHAPTER IX
DRRM INSURANCE AND INCENTIVES

SECTION 21. Disaster Risk Transfer, Insurance and Social Welfare - (a) The
Authority shall oversee all disaster risk transfer and other related initiatives to ensure
the protection of property and livelihood, both public and private.

(b) The Department shall make mandatory the insurance of all assets and properties of
national government agencies including government-owned and controlled corporations, and
those over which the government has insurable interest, as prescribed under R.A. 656. The
insurance shall be provided by any government insurance agency.

(c) The Department shall encourage the local government units to insure assets,

properties and livelihood of vulnerable and marginalized groups for unforeseen or
contingent losses from natural hazards and human-induced disasters which may be

31


charged against the LDRRM Fund in coordination with concerned national government
agencies,

SECTION 22. /ncentives — Unless otherwise provided, the Department shall establish
fan incentives program that recognizes outstanding performance of +—LDRC,
nongovernmental organizations (NGOs), CSOs, schools, hospitals, and other stakeholders in
promoting and implementing significant DRVRM-CCA programs and innovations, and
meritorious acts of individuals, groups or institutions during natural or human-induced
disasters.

32


CHAPTER X
PREPAREDNESS AND EARLY WARNING

SECTION 23. Standards for Disaster Preparedness Activities — (a) The DRC shall
establish standards for disaster preparedness, including, but not limited to contingency
planning, localizing and operationalizing disaster risk reduction and management,
preparedness for disaster response, preparedness for early recovery, including continuity of
essential services, and other relevant preparedness activities

(b) LGUs shall identify or build evacuation centers in accordance with
government-approved standards to minimize the use of schools as such and to avoid
disruption of classes. Schools that have been used as evacuation centers shall be immediately
compensated by the LGU concerned, with respect to damages or renovation expenses
incurred as a result of such use.

SECTION 24. 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 DRC shall issue and the Authority shall oversee and monitor the implementation of this
policy,

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

SECTION 25. Early Warning Mandate — (a) Department to Issue Early Warning.
Early warnings for hydro-meteorological, geologic, or terrestrial phenomena is lodged with
the appropriate government agencies or government-accredited organizations for
purposes of forecasting and early warning. This notwithstanding, the State shall recognize
and proactively support local or indigenous modes of early warning systems and allow open
‘access to near real-time data from both local and international sources made available
through various platforms such as websites, mobile apps, and social media to empower local
communities and individuals.

(b) Transmission of Early Waring. A person who transmits early warning conceming
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 DRC.

CHAPTER XI
DISASTER RESPONSE AND EARLY RECOVERY
SECTION 26. Declaration of State of Calamity — The DRC shall recommend to the

President of the Philippines the declaration of a cluster of barangays, municipalities, cities,
provinces, and regions under a state of calamity, and the lifting thereof, based on the criteria

33


set by the DRC. The President's declaration may warrant international humanitarian
assistance as deemed necessary.

‘The declaration and lifting of the state of calamity may also be issued by the local
sanggunian, upon the recommendation of the LDRC, based on the results of the damage
assessment and needs analysis. Moreover, on the basis of official warning by government
warning agencies such as PAGASA, PhiVoles and MGB, the LDRC may seek from the
sanggunian, the declaration of a state of imminent disaster to enable the local executives to
implement precautionary measures principally pre-emptive evacuation in order to save lives
and minimize damage to property which would require the use of resources principally
lodged in the LDRRMF.

SECTION 27. Emergency Management ~ The respective Disaster Resilience Councils
shall take the lead in preparing for, responding to, and recovering from the effects of any
disaster, giving due consideration to the economic classification, capacity and vulnerability
of the local governments concerned and based on the following criteria:

a)

The BDRC, if'a barangay is affected;
b) The city / municipal DRCs, if two (2) or more barangays are affected;

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

4) The regional DRC, if two (2) or more provinces are affected;
€) The NDRC, if two (2) or more regions are affected; and

f) After 24 hours without report, the nearest field office of the Authority may
take the lead, in partnership with local authorities in managing emergency
situation to save lives and alleviate human suffering until such time that
the local officials may exercise full leadership and assume their functions,

The Department in cooperation with the DRC and intermediary LDRCs shall
always act as support to LGUs which have the primary responsibility as first disaster
responders. Private sector and civil society groups shall work in accordance with the
coordination mechanism and policies set by the DRC and concemed LDRCs.

SECTION 28, 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
Authority and shall be composed of the following DRC agencies:

a) Department of Finance-Bureau of Customs;

b) Department of Foreign Affairs;

34


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

e) Food and Drug Administration;

f) Department of Agriculture;

g) Department of Energy,

h) Philippine National Police;

i) Philippine Coast Guard; and

j) Department of Justice - Bureau of Immigration

SECTION 29. Accreditation, Mobilization, and Protection of Disaster Volunteers and
National Service Reserve Corps, CSOs and the Private Sector ~ The government agencies,
CSOs, private sector and LGUs may mobilize individuals or organized volunteers to augment
their respective personnel complement and logistical requirements in the delivery of
disaster risk reduction programs and activities. The agencies, CSOs, private sector, and
LGUs concerned shall take full responsibility for the enhancement, welfare and protection of
volunteers, and shall submit the list of volunteers to the Department , through the LDROs,
for accreditation and inclusion in the database of community disaster volunteers.

‘A national roster of ACDRVs, National Service Reserve Corps, CSOs and the private
sector shall be maintained by the Authority through the LDROs. Accreditation shall be done
at the municipal or city level.

Mobilization of volunteers shall be in accordance with this Act and implementing
guidelines to be formulated by the DRC. Any volunteer who incurs death or injury while
engaged in any of the activities defined under this Act shall be entitled to compensatory
benefits and individual personnel accident insurance as may be defined under the guidelines.

SECTION 30. Reporting of Humanitarian Assistance — The concerned local
government unit shall submit a report to the Department, taking into account all domestic or
international humanitarian assistance received and distributed within its area of
responsibility

CHAPTER XII
LEGAL FACILITIES FOR ELIGIBLE
ASSISTING INTERNATIONAL ACTORS

SECTION 31. 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 intemational actors provided hereunder.

35


ATI }ONNEL

SECTION 32. 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

SECTION 33. Recognition of Foreign Professional Qualifications — (a) Eligible
assisting international actors wishing to deploy international personnel for tasks requiring
Jegal 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 DRC 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.

SECTION 34. 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.

SECTION 35, 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,

PART IL ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

SECTION 36. 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.

SECTION 37. Duty of Compliance by Eligible Assisting Actors — In order to benefit
from the aforementioned legal facilities, eligible assisting international actors shall:

) 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.

36


SECTION 38, Exemption from Import Duties, Taxes and Restrictions ~ Consignments
of goods and equipment by or on behalf of eligible assisting international actors shall benefit
from:

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 DRC; and

¢) 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.

SECTION 39. 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.

PART Ill. EXPEDITED ENTRY AND USE RESTRICTIONS FOR SPECIFIC
INTERNATIONAL DISASTER GOODS AND EQUIPMEN

SECTION 40, Telecommunications Equipment — Eligible assisting international
actors shall be permitted to import telecommunications equipment for the purpose of
Disaster Relief or Initial Recovery Assistance without restrictions, except as required
by DRC guidelines and other laws for purposes of national security or public order. The DRC
shall provide guidelines for the manner of use telecommunications equipment as well as e
waiver of licensing requirements or fees.

SECTION 41. 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 DRC.

SECTION 42. 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.

SECTION 43, Imported Vehicles — The granting of local registration and plates for
vehicles imported by eligible assisting international actors shall be expedited.

PART IV. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOOD

37


SECTION 44. 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.
CHAPTER XI
RECOVERY

SECTION 45. Standards for Recovery ~ The planning, programming and
implementation of the recovery process shall:

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

b)

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

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

d) Employ outcome-driven planning and implementation;

¢) Maximize use of Private-Public sector partnership where possible;

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

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

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

CHAPTER XIV
REMEDIAL MEASURES

SECTION 46. Remedial Measures — The declaration of a state of calamity shall make
mandatory the immediate undertaking of the following remedial measures by the
agencies concerned at the national and local levels, subject to existing rules and
regulations:

a) Upon the declaration of a state of calamity, the activation of the price
coordinating council is enforced automatically, subject to existing rules and
regulations,

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

38


for under R.A. 7581, otherwise known as the "Price Act", or the National
Price Coordinating Council;

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

c

4) 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 in the affected communities, following the
“build back better” principle;

©) Granting of no-interest loans by government financing or lending institutions
to the most vulnerable and marginalized groups or individuals, and

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

The implementation of the foregoing measures shall be monitored by the
Authority through reports from the government financing or lending institutions.

CHAPTER XV
PROCUREMENT

SECTION 47. General Rule on Procurement — Any procurement of goods, services,
consultancy or infrastructure for disaster risk reduction and management, whether at the
national or local level, shall abide by the provisions of the Government Procurement Reform
Act or RA 9184 and its Implementing Rules and Regulations.

SECTION 48. Emergency Procurement — In order to expedite disaster response and
early recovery, and when the conditions required are present, the procurement or lease of
equipment and delivery of goods and services through emergency procurement or purchase at
site shall be allowed. Periods of action on procurement activities may also be waived for the
‘same purpose and conditions

CHAPTER XVI
PROHIBITED ACTS AND PENALTIES

SECTION 49. Prohibited Acts — Any person, group or corporation who commits any
of the following prohibited acts shall be held liable and be subjected to the criminal and
administrative penalties as provided for in Section 50 of this Act, without prejudice to the
imposition of other criminal, civil and administrative liabilities under other 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:

39


b)

(1) Dereliction of duties which leads to destruction, loss of lives, critical
damage of facilities and misuse of funds,

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

(3) Failure to prepare and implement a Contingency and Adaptation Plan for
hazards frequently occurring within their jurisdictions, and

(4) Failure to formulate and implement the LDRP with the corresponding
budget allocation.

PROHIBITED ACTS OF PUBLIC OFFICIALS AND PRIVATE PERSONS
OR INSTITUTIONS —

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

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

(3) Preventing the entry and distribution of relief goods in disaster-stricken
areas, including appropriate technology, tools, equipment, accessories,
disaster teams / experts,

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

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

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

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

(8) Diverting or misdelivery of relief goods, equipment or other aid
commodities to persons other than the rightful recipient or consignee;

(9) Accepting, possessing, using or disposing relief goods, equipment or
other aid commodities not intended for nor consigned to him or her,


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

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

ii, Repacking the goods, equipment or other aid commodities into
containers with different markings to make it appear that the
goods came from another agency or persons or was released upon
the instance of a particular agency or persons;

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

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

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

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

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

SECTION 50. Penalties — Any individual, corporation, partnership, association or
other juridical entity that commits any of the prohibited acts in the preceding paragraph shall
be made liable for the following:

a) A fine of not less than One hundred thousand pesos (Php 100,000.00) or any
amount not to exceed Five hundred thousand pesos (Php 500,000.00)
or imprisonment of not less than six (6) years and one (1) day or more than
twelve (12) years, or both, at the discretion of the court, including perpetual
disqualification from public office if the offender is a public officer, and
confiscation or forfeiture in favor of the government of the objects and the
instrumentalities used in committing any of herein prohibited acts.

b)

If the offender is a corporation, partnership or association, or other juridical
entity, the penalty shall be imposed upon the officer or officers of the
corporation, partnership, association or entity responsible for the violation
without prejudice to the cancellation or revocation of these entities license or
accreditation issued to them by any licensing or accredited body of the
government. If such offender is an alien, he or she shall, in addition to the

4l


penalties prescribed in this Act, be deported without further proceedings
after service of the sentence.

°)

If the offender is a public officer, the offense shall also be punishable by
administrative suspension of six (6) months and one (1) day to one (1) year for
the first offense, and dismissal from the service for the second offense. The
penalty of dismissal shall carry with it the cancellation of eligibility to or
forfeiture of retirement benefits, perpetual disqualification from holding
public office and disqualification from taking civil service examinations.

d) The prosecution for offenses set forth under Section 27 of this Act shall be
without prejudice to any criminal liability for violation of the Revised
Penal Code (Republic Act No. 3185, as amended) and other existing
laws, as well as the imposition of applicable administrative or civil
liabilities.

CHAPTER XVII
APPROPRIATIONS

SECTION 51. Appropriations —

a) BUDGET. The Department shall be allocated a budget of ten billion pesos
(Php  10,000,000,000.00) from the National Treasury starting from the
effectivity of this Act. Thereafter, the amount needed for its operation,
personal services, maintenance and other operating expenses, and capital
outlay shall be included inthe General Appropriations Act annually,

b) DEPARTMENT OF DISASTER RESILIENCE FUND. In accordance with

Section 5(k), the DR Fund shall be managed by the Department. The specific

guidelines on the release and utilization of the DR Fund shall be issued by the

DRC in accordance with the recommendation of the Authority.

(1) The DR Fund shall be used for disaster risk and vulnerability
reduction or mitigation, prevention and preparedness programs. It can
also be utilized for relief, recovery, reconstruction and other work or
services in connection with natural or human-induced disasters which may
occur during the budget year or those that occurred in the past two (2)
years from the budget year.

(2) Of the annual appropriation of DRF, seventy percent (70%) shall be
appropriated for disaster risk and vulnerability reduction, prevention and
mitigation programs and project focusing on both institutional capacity
building of vulnerable communities and risk-reducing infrastructure. The
DRC shall pass a resolution to set the priority allocations and govern and
trigger the implementation of this section.

(3) Of the amount appropriated for the DR Fund, thirty percent (30%) shall be
allocated as Quick Response Fund (QRF) or stand-by fund for

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©)

4d)

prepositioning 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 quickly as possible.

(4) All departments/agencies and LGUs that are allocated with DR fund shall
submit to the Department their monthly statements on the utilization
of DR 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 DRVRM-CCA activities in accordance with
the DRP and the guidelines to be issued by the DRC in coordination
with the DBM and COA.

LOCAL DISASTER RESILIENCE FUND. Not less than five percent (5%) of
the estimated revenue from regular sources shall be set aside as the LDRF to
support disaster risk and vulnerability reduction and climate change adaptation
programs. 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 concemed, the LDRC may transfer the said
fund to support the disaster risk and vulnerability reduction and climate
change adaptation work of other LDRCs that are declared under a state
of calamity.

Of the amount appropriated for LDRF, thirty percent (30%) 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.

Unexpended LDRF shall accrue to a trust fund solely for the purpose of
supporting disaster risk reduction and management activities of the LDRCs
within the next five (5) years. Any such amount still not fully utilized after
five (5) years shall revert back to the general fund and will be available for
other social services to be identified by the local sanggunian.

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

PREVENTION, MITIGATION AND PREPAREDNESS FUND FOR 3rd TO
6TH CLASS MUNICIPALITIES. There shall be in the annual general
appropriations act an amount allotted solely for the use of 3rd to 6th class
municipalities for the purpose of augmenting their LDRF with respect to
programs and procurement for disaster risk prevention, mitigation and
preparedness. The requirements to avail of this subsidy shall laid down in the
implementing rules and regulations of this law

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CHAPTER XVIII
TRANSITORY PROVISIONS

SECTION 52. Transfer of DRRM Powers and Functions of OCD ~ All powers and
functions of the existing Office of Civil Defense related to disaster risk and vulnerability
reduction and management are hereby transferred to the Department within one (1)
year from the effectivity of this Act.

SECTION 53. 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 cither a separation pay and other benefits in accordance with existing
laws, rules or regulations or be entitled to avail of the privileges provided under a separation
plan which shall be one and one-half month salary for every year of service in the
government: Provided, however, That those who avail of such privilege shall start their
government service anew if absorbed by the Department In no case shall there be any
diminution of benefits under the separation plan until the full implementation of the Act.
Displaced or separated personnel as a result, if qualified, shall be given preference in the
hiring of the manpower requirements of the Department. With respect to employees who are
not retained by DDR, the government, through the Department of Labor and Employment,
shall endeavor to implement re-training, job counseling, and job placement programs.

The foregoing transfer of powers and functions shall include all applicable funds and
appropriations, plantilla positions, records, equipment, and property as may be necessary.

The movement of qualified OCD personnel to the new Department shall be
governed by Section 10 of this Act.

CHAPTER IX
MISCELLANEOUS PROVISIONS

SECTION $4, Implementing Rules and Regulations — The DDRC, through its
Secretary , shall issue the necessary rules and regulations for the effective implementation of
this Act within sixty (60) days from its approval. The Department, in consultation with key
stakeholders, shall take the lead in the preparation of the implementing rules and
regulations with the active involvement of the technical management group of DRC

SECTION 55. Congressional Oversight Committee — The Congressional Oversight
Committee created to monitor and oversee the implementation of the provisions of R.A.
10121 shall retain the same mandate for this Act. The Committee shall be composed of six
(6) members from the Senate and six (6) members from the House of Representatives with
the Chairpersons of the Committees on National Defense and Security of both the
Senate and the House of Representatives as joint Chairpersons of this Committee. The five
(5) other members from each Chamber are to be designated by the Senate President and the
Speaker of the House of Representatives, respectively. The minority shall be entitled to pro
rata representation but shall have at least two (2) representatives from each Chamber.


SECTION 56. Sunset Review — Within five (5) years after the effectivity of this Act,
or as the need arises, the Congressional Oversight Committee shall conduct a sunset review.
For purposes of this Act, the term "sunset review" shall mean a systematic evaluation by the
Congressional Oversight Committee 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.

SECTION 57. Repealing Clause — The provisions of R.A. 10121 and all other laws,
decrees, executive orders, proclamations and other executive issuances which are not
consistent with or contrary to the provisions of this Act are hereby repealed or amended.

SECTION $8. Separability Clause — Any portion or provision of this Law that may be
declared unconstitutional or invalid shall not have the effect of nullifying other portions or
provisions hereof as long as such remaining portion or provision can still subsist and be given
effect in their entirety.

SECTION 59. Effectivity Clause — This Law shall take effect upon its approval.

Approved.

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