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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1151

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

and
HON. FERDINAND MARTIN G. ROMUALDEZ

EXPLANATORY NOTE

The Philippines is one of the countries often visited by strong typhoons.
Around nineteen tropical storms enter the Philippine area of responsibility in a
typical year and, of these, usually six or nine make landfall. Natural disasters of
increasing magnitude and frequency, such as typhoon Haiyan, have continued
to affect our country, which is now the second most vulnerable in the world to
disasters and climate change. Nearly 74 percent of the population and 80
percent of the land area are identified as vulnerable to disasters, with the capital
of Manila considered at “extreme risk.” This “new normal” requires a more
focused and in-depth attention in the way we understand, prepare and respond
to natural disasters.

Notwithstanding all the disaster preparation and coordination plans,
there were still significant losses of life, injury, and damage to property when
Typhoon Yolanda (International Code Name: Haiyan), considered as the
world’s strongest typhoon ever recorded, struck Philippine territory. Despite the
government's efforts and preparations, thousands of people perished. Damage
to business, property and agriculture were of such magnitude that economic
activities were placed on standstill. A few days after Typhoon Yolanda ravaged
the Visayas region, the national government was criticized by international
media for the slow response and lack of support to the survivors in the affected
areas.

In light of this, it is high time that we create a truly empowered
department that will focus on natural hazards and disasters; and characterized
by unity of command, a science-and ICT-based approach, and the capacity to
take charge of three (3) key result areas: (a) disaster risk reduction; (b) disaster
preparedness and response; and (c) recovery, rehabilitation and building
forward better. As the country’s primary disaster management agency, the

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Department of Disaster Resilience shall integrate and define what needs to be
done, where it needs to be dong, based on what standards, how it should be
done and how well it should be done.

‘Some of the key elements and features of the proposed Department are

as follows

Unity of command. The overall powers and functions to lead the
country's disaster resilience efforts, bath at the policy and execution
stages, will be placed under the Department. Thus, the Climate Change
Commission (CCC), which is the and the NDRAMC, will be abolished.
The Department shall be authorized to call upon relevant government
agencies and facilitate the assistance of non-government and private
organizations, especially in emergency cases. The bill also defines the
levels of responsibility for disaster preparedness and response between
the national and local govemments.

Full-time focus on resilience to natural hazards. The Department is
mandated to cover the disasters caused by or related to the above-
‘stated natural hazards. The sheer volume and scale of these merit a
single Department focused on preparing for and addressing these
disasters. These would also require knowledge and skill set different
from those needed to address human-induced disasters.

Take-over capacity in times of disasters. Under extreme conditions,
the Department shall have the authority to take the lead, in close
collaboration with the local government units, in undertaking disaster
preparedness and response in areas that are severely affected by
natural disasters. The Department shall have the power to temporarily
take-over or direct any private utility for urgent public purpose.

|. Rationalized fund-use for disasters, The Department shall be

mandated to manage and ensure the judicious and expeditious use of
disaster-related funds. It shall streamline and rationalize the systems
and procedures in accessing these funds to help ensure the timely
provision of support where urgently and critically needed.

Fast and responsive procurement. The Department shall

institutionalize innovative and responsive procurement mechanisms,
e.g. stand-by contracts, pre-arranged systems of procurement with @
pre-approved list of contractors, pre-negotiated contracts, advanced
procurement contracts, and framework contracts, among others, to
ensure the country's resilience to natural hazards and disasters.

Science- and ICT-based approach. The Department shall develop
mechanisms to ensure the inter- operability of systems among relevant
agencies to ensure real-time access to relevant information, including
multi-hazard mapping, risk assessment, early warming, exposure

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database, and communication and emergency management systems,
among others.

9. Highly specialized functions and highly-skilled personnel
requirements. The Department shall have the resources and authority
to engage highly-skilled technical experts, e.g., DRAM specialists,
scientists, environmental and/or urban planners. civil engineers, and
public finance specialists.

h. Institutional partnerships with LGUs, NGOs, and academia.
Recognizing that disaster resilience is everybody's business, the
Department shall adopt a whole-of-society approach to ensure our
country's resilience to natural hazards. It shall be mandated to establish
partnerships with stakeholders in order to attain the goals and objectives
of the Department

‘A new Department of Disaster Resilience will effectively improve the
institutional capacity of the government tor disaster risk reduction and
management, reduce the vuinerabilities surrounding the affected local
population as well as build the resilience of local communities to both natural
disasters and climate change. Given its exposure to disaster risk, the
Philippines cannot continue to have a focal disaster organization that only has
coordinative functions. Our personal experience during typhoon Halyan has
confirmed that the complexity of large-scale disasters undermines existing
policies and structures. The current DRAM structure where authority is shared,
responsibility is dispersed and resources are scattered, renders it difficult to
operate an appropriate and immediate response. thus delaying critical disaster
response and recovery.

Guaranteeing disaster resiliency through closer coordination and
management synchronization at all levels of the country's disaster risk
reduction and management system cannot be delayed any further.

With the lives, safety and the welfare af our people at stake, the passage
of this bill is earnestly sought.

Rep. YEDDA . ROMUALDEZ

Representati Sinirangan

G. ROMUALDEZ
R . First District of Leyte


Introduced by
HON, YEDDA MARIE K. ROMUALDEZ
and
HON. FERDINAND MARTIN G. ROMUALDEZ

AN ACT CREATING THE DEPARTMENT OF DISASTER RESILIENCE,
DEFINING ITS POWER AND FUNCTIONS, APPROPRIATING FUNDS
‘THEREFOR, AND FOR OTHER PURPOSES

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

Article |
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the “Disaster
Resilience Act of 2019".

Section 2. Declaration of Policy. \t shail be the policy of the State to:

2.1. Protect the lives and properties of its citizens by addressing and
preventing the causes of vuinerabilities to natural disasters;

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

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

2.4, Address the differentiated concerns and needs of sectors with

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special needs or higher vulnerabilities such as women, children, elderly,
persons with disabilities, and indigenous peoples with respect to disaster
resilience and disaster management;

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

26. Foster an enabling environment for substantial and sustainable
participation of non-government stakeholders such as CSOs, private groups,
volunteers and communities in disaster resilience programs and projects;

2.7. Adopt @ whole-of-society approach in disaster preparedness to
inctease collaboration, planning, and dialogue among all sectors of society in
preparing for natural disasters and in improving their strategies and/or action
plans for disaster risk reduction; and

2.8, Strengthen the chain of command and establish a unified command
system for disaster management.

Section 3. Definition of Terms, — For purposes of this Act, the following
shall refer to

3.1, “Adaptation” - the adjustment in natural or human systems in
response to actual or expected climatic stimull or their effects, which moderates
harm or exploits beneficial opportunities.

3.2. “Assisting Actor” - any Assisting Intemational Actor and any
Assisting Domestic Actor responding to a disaster in the country.

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

3.4. “Assisting International Actor” - any foreign state, organization,
entity of individual responding to a disaster within the country, or transiting
through the country to respond to a disaster in another country.

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


3.6. “Building Forward Better” - an approach to building and/or
reconstructing an area or community, which entails a shift from simple recovery
and restoration to safer, more adaptive, resilient, and inclusive communities.

3.7. "Bureau of Customs (BOC)"- a revenue collection agency under the
Department of Finance mandated under Section 602 of Republic Act No. 1937,
also known as the Tariff and Customs Code of the Philippines, to: (a) prevent
smuggling and other frauds; (b) control vessels/aircrafts doing foreign trade: (c)
9 enforce tari! and customs laws; (d) control the handling of foreign mails for
10 revenues and prevention purposes; (e) control import and export cargoes; and
11 (f) exercise jurisdiction over forteiture and seizure cases.
12
13 3.8. “Bureau of Internal Revenue (BIR)" - a revenue collection agency
14 mandated under Republic Act No. 8424, as amended, to assess and collect all
15 national internal revenue taxes, fees, and charges and to enforce all forfeitures,
16 penalties, and fines connected therewith, including the execution of judgments
17 inal cases.
18

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19 3.9. “Business Continuity” - capability of an organization to continue
20 delivery of products or services at acceptable predefined levels following a
21 — disruptive incident.

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23 3.10. “Capacity” - the combination of attributes and/or resources

24 available within @ community or area that can reduce the level of risk(s) from.
25 or impact(s) of, a disaster.

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27 3.11. "Civil Society Organizations (CSOs)" - non-state actors whose
28 aims are neither to generate profits nor to seek governing power, but to unite
29 people to advance shared goals and interests. CSOs may include
30 nongovernment organizations (NGOs), professional associations, foundations,
31 independent research institutes, community-based organizations, and social
32 movements.

34 3.12. “Climate Change”- a change in the state of the climate that can be
35 identified by changes in the mean and/or the variability of its properties, and
36 that persists in an extended period, typically decades or longer, whether due to
37 natural internal processes or external forces, such as modulation of the solar
38 cycles, volcanic eruptions and persistent anthropogenic changes in the
39 composition of the atmosphere or in land use.

40

nM 3.13. "Complex Emergency’ - a form of human-induced emergency in
42 which the cause of the emergency as wall as the assistance to the afflicted is
43. complicated by intense level of political considerations.

45 3.14. “Contingency Planning” - a management process that analyses
46 specific potential events or emerging situations that might threaten society or

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the environment and establishes arrangements in advance to enable timely,
effective and appropriate responses to such events and situations,

3.15, "Commission on Audit (COA)" - an independent constitutional
commission established under Article 1X-D of 1987 Constitution tasked to,
among others, examine, audit, and settle all accounts and expenditures of
funds and properties of the Philippine government in order to prevent the
tregular use of government funds or properties.

3.16, “Cultural Heritage” - the totality of cultural property preserved and
developed through time and passed on to posterity.

3.17. “Department” - the Department of Disaster Resilience.

3.18. "Department of Budget and Management (DBM)" - an executive
body created under Executive Order No. 21 dated April 25, 1936 to promote
the sound, efficient, and effective management and utilization of government
resources as an instrument in the achievement of national socioeconomic and
political development goals.

3.19. “Department of Finance (DOF)" - a government institution
mandated under Executive Orders Nos. 127, 127-A, and 292 to: (a) formulate,
institutionalize, and administer fiscal policies; (b) manage the financial
resources of the government; (c) supervise the revenue operations of all local
government units; (d) review, approve, and manage all public sector debt,
whether domestic or foreign; and (e) rationalize, privatize, and ensure public
‘accountability of corporations and assets owned, controlled, or acquired by the
government to ensure adequate financing for the needs of the country.

3.20. "Department of Science and Technology (DOST)"- a government
institution under the executive department of the Philippine government,
mandated under Executive Order No. 128 to provide central direction and
coordination of scientific and technological efforts and ensure that results
therefrom are geared towards, and utilized in, areas of maximum economic and
social benefits for the people.

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

3.22. “Disability” - an evolving concept that results from the interaction
between persons with impairments, as defined under Republic Act No. 7277,
and attitudinal and environmental barriers that hinder their full and effective
participation in society on an equal basis with others.


3.24. “Disaster”- a serious disruption of the functioning ot 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. Unless otherwise specifically indicated in this Act, the
term “disaster” shall refer to “natural disaster”

3.25. "Disaster assistance” - financial, material or other forms of
assistance to address the immediate and long-term needs of people,
communities or areas affected by a disaster. This term includes humanitarian
assistance and development assistance.

3.26. “Disaster Contingency Fund" - refers to a fund, in lump-sum form,
managed by the Department to expediently provide funds and resources for
disaster relief or response in affected areas.

3.27. “Disaster. management” - the planning, organization, and
application of measures preparing for, responding to, and recovering from
disasters.

3.28. “Disaster mitigation” - the reduction or limitation of the adverse
impacts of disasters and its related hazards.

9.29. “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 disasters and related hazards.

3.30. “Disaster prevention” - the intention to avoid, or the outright
avoidance, of potential adverse impacts of disasters and related hazards
through action(s) taken in advance,

3.31. ‘Disaster reliet or 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”

3.92. "Disaster resilience”- the ability of a system, community, or society
exposed to hazards to resist, absorb, accommodate, adapt to, transform, and
recover from the effects of a hazard, including the long-term impact of climate
change, ina timely and efficient manner, including through the preservation and
restoration of its essential basic structures and functions through risk
management.


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3.33, ‘Disaster recovery”- restoration or improvement of livelihoods and
health, as well as economic, physical, social, cultural and environmental assets,
systems and activities, of a disaster-affected community or society, aligning
with the principles of sustainable development and “build forward better” to
avoid or reduce future disaster risk.

3.34, "Disaster rehabilitation” - restoration of basic services and facilities
for the functioning of a community or a society affected by a disaster

3.35. “Disaster Resilience Fund”- refers to the budget managed by the
Department which includes funds appropriated to the Department by Congress
pursuant to an Appropriations Act, Disaster Contingency Fund, and
Rehabilitation and Recovery Fund.

9.96. “Disaster Risk"- the potential disaster losses in lives, health status,
livelihood, assets and services, which could occur to a particular community or
a Society over some specified future time period

3.97. "Disaster risk management” - the systematic approach or process
‘of implementing strategies, policies and programs to lessen the possibility
and/or adverse impacts of disasters and related hazards.

3.38. “Disaster risk reduction” - the prevention of new, and/or reduction
of existing, disaster risk(s) and the management of residual risk, to enhance
resilience to disasters.

3.39. “Emergency” - unforeseen or sudden occurrence, especially
danger, demanding immediate action,

3.40, "Emergency Management’ - the organization and management of
resources and responsibilities for addressing all aspects of emergencies, in
particular preparedness, response and initial recovery steps.

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

3.42, “General Appropriations Act (GAA)" - ‘eters to general
appropriations legislated by Congress for every budget year.

3.43. “Geological or geophysical hazards” - hazards which originate from
internal earth processes, such as earthquakes, volcanic activities and
emissions, and related geophysical processes which include mass movements,

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

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3.44, “Government Procurement Policy Board (GPPB)"- an independent
8 inter agency body, established in accordance with Article X of Republic Act No
9 9184, otherwise known as the Government Procurement Reform Act, tasked
10 to, among others, protect the national interest in all matters affecting public

11 procurement.

12

13 3.45. "Geographic information System” - a database which contains,
14 among others, geo-hazard assessments, information on climate change, and
15 climate risk reduction and management.

16

17 3.46, “Hazard” - a phenomenon, substance, human activity or condition
18 that may cause loss of Iife, injury or impacts to health; social and economic
19 disruption, environmental damage, or loss of/disruption to property, livelihood

20 and/or services.

21

22 3.47. “Historical landmarks’ - sites or structures that are associated with

23. events or achievements significant to Philippine history as declared by the
24 National Historical Institute or the applicable agency.

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26 3.48. “Human-induced disasters” - disasters induced entirely or
27 predominantly by human activities and/or choices, such as ideologically-
28 motivated conflict, or criminality.

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30 3.49. “Humanitarian assistance" - tinancial, material or other similar
31 forms of assistance to address the immediate needs of people affected by a
32 natural disaster.

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34 3.50. “Hydrometeorological hazards” - hazards that are ot atmospheric,
35 hydrological or oceanographic origin, such as tropical cyclones (also known as
36 typhoons and hurricanes); floods, including flash floods; drought; heatwaves
37 and cold spells; and coastal storm surges. Hydrometeorolagical conditions may
38 also be a factor in other hazards such as landslides, wildland fires, locust
39 — plagues, epidemics, and in the transport and dispersal of toxic substances and
40 volcanic eruption material

a“

42 3.51. “Impact and needs assessment" - involves assessing the nature
43. and magnitude of a disaster, its impact on affected populations, the type and
44 extent of emergency, and the requirements for recovery and rehabilitation of
45 the affected area(s)

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3.52. “Implementing Rules and Regulations (IRR)" - the set ot specific
rules and regulations, which shall be issued to implement the provisions of this
Act

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

3.54. “Legal Facilities” - entitlements and exemptions that are granted to
Assisting Domestic or International Actors which are declared to be eligible
pursuant to this Act and its implementing rules and regulations.

3.55. ‘Local Disaster Resilience Pian (LDRP)"- a document prepared by
an LGU based on the NDORF and NDAPIP that sets out specific programs,
objectives and goals to implement disaster risk management and climate
change adaptation measures at the local level. The plan includes, among
others, an evaluation and analysis of emerging disaster risks, hazards and
vulnerabilities applicable to an LGU, and specific programs and activities to

3.56. “Local Government Unit (LGU)" — reters to a body politic and
corporate created or recognized under Republic Act No. 7160, otherwise known
as the Local Government Code, endowed with powers, both governmental and
proprietary, to be exercised by it in conformity with aw.

3.57. “National cultural treasure” - a unique cultural property found
locally, possessing outstanding historical, cultural, artistic and/or scientific value
which is highly significant and important to the country and nation, and officially
declared as such by the pertinent cultural agency.

3.58, “National Continuity Policy”- a policy aimed at the development of
an organizational culture that has the ability to provide a minimum level of
service during interruptions, emergencies, and disasters, and return to full
‘operations quickly,

3,59. "National Disaster Resilience Framework (NDAF)" - a framework

against, absorb, accommodate, adapt to, recover, or build back better from the


and Management Framework, and National Framework Strategy on Climate
Change

3.60. “National Disaster Resilience Plan and Investment Program
(NDAPIP)" - a plan formulated and implemented by the Department in
accordance with the NOAF that sets out the outcomes, goals and objectives,
priorities, programs and corresponding action pians for disaster risk reduction,
preparedness, and management, and climate change mitigation. The NDRPIP
9 shall also include, among others, goals, objectives and action plans for a
10 National Continuity Policy

i

12 3.61. ‘Natural disasters” - disasters predominantly associated with
13 and/or caused by natural processes and/or phenomena, such as those related
“ te Oareey, Cea Sereaiaien eons nate Mesiece eee,
15 tsunamis, sinkholes, volcanic activity); hydrology and meteorology (\.¢., floods,
16 Severe winds, typhoons, storm surges); and climatological variability (i.e.,
17 extreme temperatures, El Nifio, La Nifia, forest fires).

18

19 3.62. “Presidential Management Statf (PMS)” - the primary government
20 agency, created under Executive Order No. 130 dated January 30, 1987,
21 responsible for providing technical assistance and advice to the President in
22 the exercise of the President's overall management of the development
23 process.

2

25 3.63. “Post-Disaster Recovery” - the restoration improvement where
26 appropriate, of facilities, livelihood and living conditions, of disaster-aftected
27 communities, including etforts to reduce disaster risk factors, in accordance
28 with the principles of “build back better”.

2

30 3.64. “Preparedness” - pre-disaster actions and measures being
31 undertaken within the context of disaster risk reduction and management and
32 are based on sound risk analysis as well as pre-disaster activities to avert or
33 minimize loss of life and property such as but not limited to, community
34 organizing, training, planning, equipping, stockpiling, hazard mapping, insuring
35 of assets, and public information and education initiatives. This also includes
36 the development/enhancement of an overall preparedness strategy, policy,
37 institutional structure, warning and forecasting capabilities, and plans that
38 define measures geared to help at-risk communities safeguard their lives and
39 assets by being alert to hazards and taking appropriate action in the face of an
40 imminent threat or an actual disaster.

at

42 3.65. “Private Sector” - the key factor in the realm of the economy where
43 the central social concern and process are the mutually beneficial production
44 and distribution of goods and services to meet the physical needs of human
45. beings. The private sector comprises private corporations, households and

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3.86. “Public Sector Employees’ - all persons in the civil service.

3.67 “Rehabilitation” - measures that ensure the ability of affected
communities/areas to restore their normal level of functioning by rebuilding
livelihood and infrastructures and increasing the communities’ organizational
capacity

3.68. “Resilience” the ability of a system, community or society exposed
to hazards to resist, absorb, accommodate and recover from the effects of a
hazard in a timely and efficient manner, including through the preservation and
restoration of its essential basic structures and functions.

3.69. “Response” - any concerted effort by two (2) or more agencies,
public of private, to provide assistance or intervention during or immediately
atter a disaster to meet the life preservation and basic subsistence needs of
those people affected and in the restoration ot essential public activities and
facilities.

3.70. “Retrofitting” - reinforcing or upgrading of existing structures to
become more resistant and resilient to the damaging effects of hazards.

3.71. “Risk” - the combination of the probability of an event and its
negative consequences

3.72. “Risk Assessment” - a methodology to determine the nature and
‘extent of risk by analyzing potential hazards and evaluating existing conditions
‘of vulnerability that together could potentially harm exposed people, property,
services, livelihood and the environment on which they depend. Risk
assessment with associated risk mapping include: a review ot the technical
characteristics of hazards such as their location, intensity, trequency and
probability; the analysis of exposure and vulnerability including the physical,
social, health, economic, and environmental dimensions; and the evaluation of
the effectiveness of prevailing and alternative coping capacities in respect to
likely risk scenarios.

3.73. “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.

3.74. “Safety stock” - items (such as raw materials, component parts, or
finished goods) maintained in inventory in order to reduce the risk that such
item will be out of stock, in anticipation of unforeseen shortages or unusual
demand for such items.


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3.75. “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.

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

3.77. “Volunteers” - individuals, groups or entities that offer and/or
provide services or assistance, without compensation, to help people and/or
areas affected by disasters.

3.78. “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 trom various physical, social, economic, and
environmental factors such as poor design and construction of buildings,
inadequate protection of assets, lack of public information and awareness,

Irie cea ec bea abe are Proceaactione euaites, and disregard
for wise environmental

3.79. “Vulnerable and Marginalized Groups” — those that face higher
exposure to disaster risk and poverty including, but not limited to, women,

Article i!
‘THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS

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

Section 5. Mandate. The Department shall be the principal government
institution responsible for ensuring safe, adaptive, and disaster-resilient
communities. It is mandated to provide a clear and comprehensive direction in
the implementation of plans, programs, and projects to reduce the risk of natural
hazards and the effects of climate change, and manage the impact of disasters.

4


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

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b. Volcanic activity — ash fall, pyroclastic flow, lava flow, lahar,
fissuring, volcanic gas, and seiche (lake water oscillation)
cc. Mass movement ~ landslides, debris flow, sinkholes

5.2. Hydrological and Meteorological Phenomena and Related Hazards

‘a. Tropical cyclone — severe winds, storm surge, hail
b. Flood
¢. Erosion

5.3. Climatological Variability

a. EINifio

b. Extreme temperatures
c. LaNifia

d. Solar radiation

‘The Department shall manage and direct the implementation of national,

Section 6 Powers and Functions of the Department The
Department shail exercise the following powers and functions, in collaboration
with the relevant departments, agencies, and non-government stakeholders:

6.1. Overall Functions

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

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

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

and similar emoluments for ORR professionals, as it may
deem fit;
e. Communicate and disseminate critical intormation to help the

15


public prepare for, waa and recover trom a disaster;

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

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

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

|. Advise the President on matters conceming disaster
resilience and make recommendations, as appropriate.

6.2. Disaster Risk Reduction

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

b. Develop, maintain and update an integrated disaster
management and disaster resilience information system that
includes, among others, multi-hazard mapping, vulnerability
communication and emergency management systems at the
national, regional, and provincial levels;

c. Develop and implement policies and programs relating to the
construction of new settlements or relocation of settlements in
safe areas which shall, to the extent such policies and
programs relate to disaster risk reduction, mitigation,
prevention of building back better, prevail over policies or
decisions of other government departments, government
Scanclags Guiareaber Genial ecb eoieed Sorrerstore:
LGUs, or other government institutions;

d. Develop, in coordination with relevant government agencies,
policies and programs on land-use planning, urban planning
and zoning which shall, to the extent such policies and

Highways agencies
in the conduct of regular audit of buildings and other types of
infrastructure, and require the submission of necessary data,

16


eununeine

10
it
12
13
4
15
16
17
18
9
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

aL
az
43

45
46

information or reports related thereto;

a. Formulate plans and programs to establish and implement
government redundancy, governance and business
continuity, and a National Continuity Policy;

h. Undertake programs and projects to reduce the vulnerability
of physical infrastructure, assets, and facilities including, but
not limited to, retrofitting, and structural and non-structural
upgrading, in coordination with the relevant government

agencies,

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

health, and infrastructure, in coordination with relevant

agencies,

k. Establish, develop, and monitor programs and projects, in
Coordination with relevant government agencies, that consider
climate projections (including but not limited to temperature
increase and rainfall change in the Philippines) to ensure
climate-resilient communities; and

1. Undertake all other programs and projects necessary to attain
the necessary outcomes under this key result area.

6.3. Disaster Preparedness and

Response
a. Establish a corps of first responders in partnership with
national and loca! stakeholders, both public and private;
b. Implement projects and programs that will enhance the
capacity of LGUs to prepare for, and respond to disasters,
Q¥ving priory t LGUs with tow Income and/or those situated

resilience;
e. Regulate the accreditation of donors, volunteers, and
assisting non- government stakeholders, both domestic and

" adopted by the LGUs;
h. Develop a database of exposure or elements at risk per area

7


to facilitate and ensure quick impact and needs assessment
in the event of a disaster;

|. Establish a database that includes, among others, an
inventory of hazardous materials per area, to better prepare
for and respond to natural disasters.

j. Lead, manage, and collaborate with other agencies in the
provision of minimum basic needs for affected areas;

k. Facilitate and regulate the acceptance, inventory, and
‘accounting of humanitarian assistance, including reliel goods;

the delivery of DRAM programs, projects and activities;

m. May 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 reduction and management. This
function 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;

n. By the authority of the President, call upon the AFP and PNP
to render the necessary assistance in a disaster-atfected area;
and

0. Undertake all other programs and projects necessary to attain

the necessary outcomes under this key result area.

6.4, Recovery and Building Forward Better

a. Establish a system to promptly deliver impact and needs
assessment, including, but not limited to, strengthening the in-

a besvetd and implement rehabitation plan(s) for disaster
affected areas;
Manage and oversee the implementation of disaster recovery
and rehabilitation measures;
1, Collaborate with relevant government agencies to establish

18


eunHneuene

programs to restore and/or generate livelihood in disaster
affected areas,

Q. Formulate policies and standards for post-disaster shelter

agencies and/or LGUs, and modalities for emergency
transitional and permanent shelter recovery;

h. Ensure that the principle of Building Forward Better is applied
to rehabilitation or reconstruction efforts; and

|. Undertake all other programs and projects necessary to attain
the necessary outcomes under this key result area.

6.5 Other Functions

a. Constitute, call, convene and/or deputize agencies of
government, and invite non-government and private
organizations, to assist, advise, and/or coordinate with the
Department to achieve the purposes of this Act.

b. By authority of the President, call upon the Armed Forces of
the Philippines, Philippine National Police, Philippine Coast
Guard, and other uniformed services to the extent necessary
for the Department to achieve the purposes of this Act;

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

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

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

Article it
ORGANIZATIONAL STRUCTURE

Section 7. Office of the Secretary. The head of the Department shail

‘Section 8. Powers and Functions of the Secretary. — The Secretary
‘shall have the following powers and functions:

8.1. Provide executive direction and supervision over the entire
operations of the Department;

8.2. Establish policies and standards for the effective, efficient, and
‘economical operation of the Department;

19


8.3, Manage the financial and human resources of the Department:

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

6 8.5. Exercise disciplinary powers over officers and employees of the
Department in accordance with law, and investigate such officers and
8 employees, or designate a committee or officer to conduct an investigation;
9

10 8.6. Coordinate with other agencies and public and private interest
11 groups, including CSOs, on Department policies and initiatives, as necessary;
12

13 8.7. Advise the President on the promulgation of executive and
14 administrative orders, and the formulation of regulatory and legislative
15 proposals on matters pertaining to disaster resilience;

16

7 8.8. Formulate such rules and regulations, and exercise such other
18 powers as may be required to implement the objectives of this Act; and

19

20 8.9. Perform such other tasks as may be provided by law or assigned by
21 the President.

22

23 ‘Section 9. Undersecretaries. The Secretary shall be assisted by at
24 least four Undersecretaries, which shail be responsible for the following key
25 result areas:

26

27 9.1. Disaster Risk Reduction - to formulate, adopt, and/or implement,
28 among others, a whole-ot-society approach in policies and programs to prevent
29 new, if not reduce existing, disaster risks, to address the effects of climate
30 change, and to minimize loss and damage to lives and properties. This includes
31 the formulation of the required policies and/or programs for disaster risk
32 reduction and climate change adaptation in, among others, the NDRF and the
33° ~NDAPIP;

34

35 9.2. Disaster Preparedness and Response - to implement projects and
36 programs that will enhance the capacity of LGUs to prepare against, and
37 respond to, disasters. This also includes development of a database of
38 exposure or elements at risk per area and database of volunteers, among
39 others. It involves the establishment of evacuation centers and the
40 implementation of responsive and efficient prepositioning of goods,
41 maintenance and disposal of stocks, among others.

42

43 9.3. Recovery and Building Forward Better - to formulate and implement
44 rehabilitation plans for disaster-affected areas, and to ensure the
45. implementation of disaster recovery and rehabilitation measures, such as, but
46 notlimited to, post-disaster shelters and livelihood projects. in collaboration with

20


relevant agencies, LGUs, and other stakeholders.

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

Section 10. Assistant Secretaries and Directors. The Department
shall have the appropriate number of Assistant Secretaries and Directors
necessary for the effective, efficient, and responsive implementation of the
mandate and functions of the Department.

Section 11. Appointment of Department Officials. No person shall be
appointed Secretary, Undersecretary or Assistant Secretary unless he/she is a
resident and citizen of the Republic of the Philippines, of good moral character,

engineers,
ualiications provided for in the implementing rules and regulations

Section 12. Qualifications. The Secretary of Disaster Resilience shall
be mentally and physically able; have a solid background in any of the scientific
and/or engineering fields relevant to disaster resilience for natural hazards and
climate change; and be nominated by a reputable entity specializing in disaster

resilience.

Section 13. National Disaster Operations Center, Alternative
Command Center, and Research and Training institute. The Department
‘shall establish, within one (1) year from the approval of this Act, and act as the
primary operator of the National Disaster Operations Center (NDOC),
Alternative Command and Control Center (ACCCs) as may be necessary in
each of the country’s major island groups. and a Disaster Resilience Research
‘and Training Institute (DRT!)

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

The ACCGs are command centers established in other locations as an
alternative or to provide supplemental support to the NDOC. The number and
location of ACCCs shall be determined by the Department. Temporary ACCCs
may likewise be established by the Department, if necessary.

2


Section 14. DRATI Functions and Inter-Agency Knowledge Sharing.
The DRATI shall be a platform for providing training, and for collecting,
consolidating, managing, analyze, and/or sharing knowledge and information
to improve and/or enhance disaster resilience.

The DRATI shail

14.1. Establish reliable and up-to-date information and communication
systems and technologies through close and seamless collaboration with the
DosT:

14.2. Institutionalize, maintain, and update an integrated disaster
resilience information system (IDRIS). which includes, among others, mutt
hazard mapping, risk assessment, early warming, exposure database,
communication and emergency management

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

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

14.5. Conduct disaster-related research programs, seminars, and
trainings tor all types of stakeholders;

14.6. Consolidate, organize and/or prepare taining materials and
publications; and

14.7. Conduct other activities consistent with promoting the formation
and dissemination of knowledge and information relating to disaster resilience
and disaster management.

Section 15. inter-agency Collaboration. The Department shall
coordinate and collaborate with relevant government agencies, such as, but not
limited to, DOST, to establish a platform for information sharing to provide real-
time data for science-based planning and decision-making.

Section 16. Compliance and Accreditation of DRATI with
International Standards. The Department shail strive to obtain certification
from, and accreditation by, international accreditation bodies of the DRATI to
‘ensure DRATI's compliance with international standards. The Department shail
likewise ensure collaboration with key countries and international organizations

22


to incorporate best practices on disaster resilience in the Department's policies
and programs.

Section 17. Disaster Assistance Action Center. The Department shall
institutionalize a one-stop shop mechanism through a Disaster Assistance
Action Center (DAAC) which shall, among others, process necessary
documents for both Domestic and International Assisting Actors.

onewne

an

9 ‘Section 18. Incentives. The Department has the power to prescribe
10 benefits, allowances, and similar emoluments for DAR professionals, Local
11 Disaster Resilience Officers, Provincial Disaster Resilience Officers and
12 Regional Disaster Resilience Officers.

13

4 Article V

1s NATIONAL AND LOCAL GOVERNMENT RELATIONS

16

17 Section 19. Retention of Local ORRM Offices and Creation of Local
18 Disaster Resilience Offices, The Local DRRM Offices (LDRRMOs) in
19 provinces, cities, and municipalities shall be retained and renamed as
20 Provincial, City, and Municipality Disaster Resilience Offices,

21 They shail collectively be called Local Disaster Resilience Offices (LDROs). All
22 LGUs shall establish an LDRO at the provincial, city, and municipal level. All
23. Local DRAM Councils (LORRMCs) shail be abolished.

24

25 Section 20. Composition and Organization of LDROs. The LDRO-
26 shall be under the supervision and control of the provincial governor, and city
27 of municipal mayor, as applicable. The LDRO shall have regular plantilla staff
28 responsible for, among others, administration, research and planning, training,
29 and operations. The organization, composition, functions, and responsibilities
30 of retained LORRMOs shall be modified to the extent provided in, and shall
31 comply with the requirements and standards of, this Act and the IRR for the
32 establishment, maintenance and operations of LDROs.

33

a4 Section 21. Exemption from Personal Services Cap in the Creation
35 Of LDROs. Provinces, cities or municipalities shall be exempt from the Personal
36 Services (PS) limitation on local government budgets in relation to the creation
37 of the LDROs and the appointment of its officer and personnel.

38

39 Section 22. Local Disaster Resilience Officer. The LDRO shall be
40 headed and managed by a well-qualified and full-time Local Disaster Resilience
41 — Officer with regular plantilia position. The Local Disaster Resilience Officer and
42 Staff shall be appointed by the Local Chiet Executive subject to the
43 requirements and endowed with the emoluments and benefits indicated in the
44 — IRR and other applicable laws.

45

23


Section 23. Powers and Functions of City and Municipal DROs. The
City and Municipal (CDRO and MORO) shail have the following powers and
functions:

23.1. Formulate and implement, in close coordination with the
Department, a comprehensive and integrated LDAP in accordance with the
NORF and the NDAPIP;

52-2. Design, prope, coonicata: ancvor inprervent. Gonsser reser

guidelines pro
by the Department, and implement the NDRF and the NDAPIP at the city or
municipal level:

23.3. Prepare and submit to the local sanggunian, the LDRP, the
proposed programming of the LDR Fund, other dedicated disaster resilience
tesources, and other regular funding source of the LDRO;

23.4. Recommend to the local sanggunian the enactment of local
ordinances to implement the LORP, NDRF and NDRPIP at the city/municipal
level, and to comply with other requirements of this Act;

23,5. Prepare and submit to the Department, the local Commission on
Audit, and the applicable Regional Disaster Resilience Office a report on the
utilization of its Local Disaster Resilience Fund and other disaster risk reduction
and management resources;

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

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

23.8. Organize and conduct training and knowledge management
activities on disaster resilience at the local level, in coordination with the DRRT!;

23.9. Procure emergency works, goods, and services in compliance with

the regulations, orders, and policies of DBM and GPPB, to implement the LDRP
or support early recovery and post-disaster activities;

24


23.10. In coordination with the DOF and other relevant agencies, access
foreign loans to finance its projects, programs, and policies for disaster
preparedness, response, recovery, and rehabilitation, subject to terms and
conditions agreed upon by the LDAO and the lender;

23.11. Monitor and mobilize instrumentalities and entities of the LGU and
its partner LGUs, CSOs, private sector, organized volunteers, and sectoral
organizations for disaster resilience activities, in accordance with policies and
procedures of the Department and applicable laws:

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

28.13. Coordinate with the Department, other government agencies,
members of the private sector and other stakeholders in the LGU to establish

a Business Continuity Pian as part of their LORP's disaster preparedness:
measures;

23.14. Establish linkage/network and coordination mechanisms with
other LGUs and the Department for disaster resilience activities and to achieve
the purposes of this Act; and

23.15. Conduct other activities and/or act on other matters, in

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

Section 24. Provincial Disaster Resilience Officer. The Provincial
Disaster Resilience Office (PDRO) shall be headed and managed by a
Provincial Disaster Resilience Officer with regular plantilla position. The
Provincial Disaster Resilience Officer shall be appointed by the Department
Secretary for a fixed term pursuant to requirements, terms of office and
endowed with the emoluments and benefits indicated in the IRR and other
applicable laws,

Section 25. Powers and Functions of the PDROs. The POROs shall
have the following powers and functions:

25.1. Formulate and implement, in close coordination with the
Department and cities/municipalities within its jurisdiction, a comprehensive
and integrated Provincial LDAP in accordance with the NDAF and the NDRPIP;

25.2. Review the LDAPs of cities and/or municipalities within its

Jurisdiction, and require the amendment of such LDAPs it necessary, to ensure
‘compliance with the Provincial LDRP and/or the NORF and NORPIP;

25


25.3. Design, program, coordinate, and/or implement disaster resilience
activities consistent with the standards and guidelines provided by the
Department, and implement the NDRF and the NDRPIP at the provincial level;

25.4, Prepare and submit to the Sanggunian Panlalawigan, the
Provincial LDAP, the proposed programming of the province's Local Disaster
Resilience Fund, other dedicated disaster resilience resources, and other
funding sources of the PDRO;

25.5, Recommend to the Sanggunian Panlalawigan the enactment of
local ordinances to implement the Provincial LDRP, NORF and NDAPIP at the
provincial level, and to comply with other requirements of this Act;

25.6. Prepare and submit to the Department, the local Commission on
Audit, and the applicable Regional Disaster Resilience Otfice a report on the
utilization of the province's Local Disaster Resilience Fund and other disaster
tisk reduction and management resources;

25.7. Establish and maintain, in coordination with the Department, a
Provincial Command and Control Center (PCC) which includes, among others,
an information management system at the provincial level which consolidates
and integrates information from the cities and/or municipalities within its
jurisdiction, a muiti-hazard early warming and communications system that is
connected with the cities and/or municipalities within its jurisdiction, and a
monitoring system that enables the PORO to oversee, supervise, monitor and
respond to the needs of cities and/or municipalities within its jurisdiction in
relation to disaster resilience activities;

25.8. Procure emergency works, goods, and services in compliance with
the regulations, orders, and policies of DBM and GPPB, to implement the

provincial LDAP or support early recovery and post-disaster activities of the
PDRO:

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

25.10. Formulate and establish mechanisms to mobilize and direct
LOROs within its jurisdiction as necessary for disaster preparedness and
response at the provincial level;

25.11. Coordinate and provide the necessary support or assistance to

the Department in the implementation of rehabilitation plan(s) within the cities
and/or municipalities covered by the PDRO; and

26


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

Section 26. Local Disaster Resilience Fund and Local Disaster
Contingency Fund. LGUs shall annually set aside not less than ten percent
(10%) of their local budget, to constitute a Local Disaster Resilience Fund
(LORF). The LGU shall use its LDRF to maintain and operate its LDRO to
maintain the officers, employees and staff of the LDRO, and to implement
plans, programs and activities under its LORP. Thirty percent (30%) of the
LDRF shall be set aside as Local Disaster Contingency Fund (LOCF) which
shall be used for disaster response and quick recovery measures. Nothing
contained in this Act shall prevent LGUs from providing additional funding or
allocating additional resources for disaster resilience activities, plans and
programs within their jurisdiction.

Section 27. Supplemental LOAF. The Department may allocate and
disburse funds to supplement an LGU's LDRF based on parameters and
requirements indicated in the IRR. In determining such parameters and
requirements, the IRR shall aim to provide supplemental funds to LGUs with
low income and/or high exposure to natural hazards. Supplemental LORFs
shall, as much as possible, fil gaps or shortages in LGU resources to ensure
that LGUs can implement disaster resilience measures such as, among others,
implementing their LDRP/Provincial LDAP. establishing their LDROs/PDROs,
‘obtaining and/or maintaining the necessary equipment and staff in their
LDROs/PDROs, and implementing the NDRF and NDRPIP at the local levels,

Section 28. Regional Disaster Resilience Offices. The Department
‘shall establish and maintain Regional Disaster Resilience Offices (RDROs) at
each region, and a Metro Manila Disaster Resilience Office (MMDRO). The
size, composition and organization of RDROs and the MMDRO shall be based
on parameters provided in the IRR (such as ability of LGUs within its jurisdiction
to cope with previous disasters, or to implement their LDRPs/Provincial LORPs;
the level of income, population, hazard exposure of LGUs). The RDROs and
MMDRO shall be funded by the Department.

Section 29. Regional Disaster Resilience Director. Each RDRO and
the MMDRO shall be headed and managed by a Regional Director with regular
plantilla position. The Regional Director shall be appointed by the Department
Secretary for a fixed term pursuant to requirements, terms of office and
endowed with the emoluments and benefits indicated in the IRR and other
applicable laws.

27


Section 30. Powers and Functions of ROROs and MMDRO. The
RDROs and MMDRO shail have the following powers and functions:

30.1. Review the LDAPs and Provincial LDAPs of LGUs within its
jurisdiction, and require the amendment of such LDRPs and/or Provincial
LDFPs if necessary, to ensure compliance with the NDRF and NORPIP:

30.2. Monitor and direct LDROs and PDROs to implement their
respective LDROs and PDROs;

30.3. Recommend to the appropriate sanggunian (at the city, municipal
or provincial level) the enactment of local ordinances to implement the LDAP,
NDAF and NDRPIP at the city, municipal or provincial level, and to comply with
other requirements of this Act:

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

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

30.6. Disburse to, and monitor the use by LGUs of the People’s Survival
Fund for climate change adaptation projects:

30.7. Provide, upon the request of LGUs or unilaterally at its own
discretion, assistance to LGU(s) within its jurisdiction as necessary to ensure
the implementation of LDRPs/Provincial LDRPs, NDRF and NDRPIP, and to

render efficient and timely disaster preparedness. response and recovery
measures;

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

30.9. Procure goods and services in compliance with the regulations,
orders, and policies of DBM and GPPB, to implement the NDRPIP and NDRF

at the regional level;

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

30.11. Establish and maintain, in coordination with the Department, a
Regional Command and Control Center (RCC) which includes, among others,

28


an information management system at the regional level which consolidates
and integrates information from the provinces, cities and municipalities within
its jurisdiction, a multi-hazard early waming and communications system, and
‘@ monitoring system that enables the RDRO to oversee, supervise, monitor and
respond to the needs of LGUs within its jurisdiction in relation to disaster
resilience activities; Implement or assist in the implementation, as directed by
the Department, of rehabilitation plan(s) for LGUs within its coverage; and

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

Section 31. inter-Regional Disaster Resilience Office Collaboration.
The Department shall create policies and programs to establish collaboration
and coordination among the different RDROs.

Section 32. Levels of Responsibility for Disaster Preparedness and
Response. The primary responsibility for disaster preparedness and response
shall be exercised at the local and/or national level, in collaboration with the
relevant departments and agencies, as follows:

a eanay Responsible Officials Conditions

Responsibil
Level 1 - City or ‘Mayor of the City / Wa disaster affects a
Municipality: Municipality (Lead) ‘single municipality / city

Local Disaster
Resilience Office

(In the case of ARMM:
Municipal / City Mayor
and ARMM Local
Disaster Resilience
Office)

Level 2— Province Govemor (Lead) it a disaster affects two
‘or more municipalities /
Provincial Disaster cities
Resilience Office

Applicable Local
Disaster Resilience
Offices

(In the case of ARMM:
Provincial Governor

29


Level 3 = Region

(RDRO) (Lead)
Applicable Governors

Applicable Provincial
Disaster Resilience
Offices

(in the case of ARMM:
Regional Governor and
ARMM Local Disaster
Resilience Otfice/s)

(in the case of Metro
Manila: MMDA Chair)

if a disaster atfects two
‘of more municipalities /
cities

Level 4 — National

During a state of
calamity in any area(s)
or affecting several
regions

Resilience (Lead)

Govemors of the
affected Provinces

a. When a state of
calamity is declared
by the President

b. Wadisaster affects
at least two (2)

regions

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

d. When the local
chief executive or,
in higher absence
oF incapacity, the
next high-ranking
official, directly
fequests the
Department to take
over;

@. When the President

30


Noueuen-

oc

10
it
12
13
4
15
16
7
18
19
20
21
22
23
24
25
26
27
2a
29
30
31
32
33
4

36
37
38
39
40
a“
42
43

directs a Level 4

Section 33. Inter-Local Government Assistance. \GUs are hereby
authorized to extend assistance to another LGU, whether through funding or
donation of goods and/or services, to ensure effective disaster preparedness.
and response, such as the pre-positioning and provision of basic goods,
training of first responders, among others, subject to auditing and accounting

Section 34, Reconstruction and Rehabilitation Powers of the
Department. The Department shail be primarily responsible for reconstruction
and rehabilitation efforts in the event of a natural disaster. In undertaking
reconstruction and rehabilitation efforts, the Department shall, as much as
possible, retrofit structures to make them more resistant and resilient to the
effects of natural disasters.

Article VI
INSTITUTIONAL ARRANGEMENTS

Section 35, Collaboration with Stakeholders, The Department shail
ensure seamless collaboration and coordination with stakeholders, including
CSOs, the academe, and the private sector, in relation to disaster resilience
programs and projects, and the development and promotion of education and
training mechanisms with relevant stakeholders,

The Department shall establish a platiorm and mechanisms for
coordination with stakeholders, including the development of standard
operating procedures for collaboration in the event of a disaster.

Section 36. Establishment of Non-Government Stakeholders
Coordination Unit. The Department, with the assistance of other relevant
government agencies and stakeholders, shall establish a Non-Government
Stakeholders Coordination Unit (NSCU) which shail align the disaster resilience
ettorts of the private sector, CSOs, academe and other stakeholders with the
Department by assisting, coordinating or providing services that strengthen
public-private coordination in disaster resilience, including, but not limited to,
the following:

36.1 Establishment and implementation of business continuity practices:

to ensure the continued delivery of products and services in the event of a
natural disaster;

36.2. Establishment and implementation of a National Continuity Policy
to ensure service continuity during interruptions, emergencies, and disasters

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and ensure the quick return to full operations;

36.3. Establishment, incorporation, and application of business
continuity plans as part of the LDP of LGUs;

36.4. Facilitation ot assistance in obtaining or processing incentives for

the private sector or other non-government stakeholders, such as but not
limited to tax credits; and

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

The NSCU shail establish a piatiorm that includes, among others, a
database for monitoring and coordinating efforts and resources of non-
government stakeholders.

Section 37. Disaster Resilience Assembly. The Department, with the
assistance of the RDROs, shall establish and convene a Disaster Resilience
Assembly, at the regional and national level, which will be held on a quarterly
basis to ensure the proactive engagement of different stakeholders, such as,
but not limited to, government agencies, the Union of Local Authorities of the
Philippines (ULAP), League ot Municipalities of the Philippines (LMP), CSOs,
academe, DRAM practitioners, and the private sector, to ensure and foster
coordination and collaboration towards achieving the goals of this Act.

Section 38 inter-operability of Systems. The Department shall
establish mechanisms to ensure the inter-operability of systems among
government agencies, and to allow access of agencies to the IDRIS (as
established pursuant to Section 13 of this Act). It shall develop protocols to
allow real-time access to information by government agencies in relation to
‘natural disasters and the implementation of disaster resilience measures.

Section 39. Transfer of Functions. The functions of the following
agencies and offices are hereby transferred to the Department:

39.1. Climate Change Commission (CCC);

39.2. Natural disaster-related functions of the National Disaster Risk
Reduction and Management Council (NDRAMC) and Office of Civil Defense
(OCD); and

39.3. Department of Social Welfare and Development (DSWD) -
Disaster Response Assistance and Management Bureau (DReAMB)

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Accordingly, the CCC and NDRRMC are hereby abolished. The OCD
shall retain all powers and functions related to addressing human-induced
disasters,

Section 40. Transfer of Resources. The transter of powers and
functions of agencies listed in Section 39 shall include the corresponding tunds
and appropriations, plantilla positions, records, equipment, facilities, and
properties of such agencies, subject to the power of the Department to
reorganize of reallocate the resources and positions from such agencies, as
may be necessary to attain the objectives of this Act.

Section 41. Program Management Office for the Earthquake
Resiliency of the Greater Metro Manila Area. The Program Management
Office for the Earthquake Resiliency of the Greater Metro Manila Area (PMO-
ERG), as created pursuant to Executive Order no. 981 82, . 2018, shall be

attached to the Department and be given implementation powers, as provided
in this Act's IRR.

Section 42. Separation of Benefits of Officials and Employees of
Affected Agencies. National government employees displaced or separated
trom service as a result of this Act shall be entitled to either separation pay and
other benefits in accordance with existing laws, rules, or regulations, or be
entitled to avail themselves of the privileges provided under a separation plan
which shall be one and one-half month salary for every year of service in the
government; provided, however, that those who avail themselves of such
privileges shall start their government service anew it absorbed by the
Department. In no case shall there be any diminution of benefits under the
separation plan until the full implementation of this Act. Displaced or separated
personnel as @ result of the implementation of this Act, 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 the Department, the
government, through the Department of Labor and Employment, shail endeavor
to implement training, job counseling, and job placement programs.

Article Vil
DECLARATION OF STATE OF CALAMITY

Section 43. Declaration of State of Calamity. The Department shall
recommend to the President the declaration of a state of calamity, whether in
whole or part of an area, in case of an extraordinary disaster wherein the
repercussions on public safety and welfare are serious and far-reaching.

Section 44. Conditions for the Declaration of a State of Calamity.
The President shall deciare a state of calamity when all of the following
requisites are present:

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44.1. There is a grave, unforeseen. or sudden occurrence which
demands immediate action;

44.2. The occurrence causes imminent threat to life and/or danger to
property,

44.3. The occurrence is caused by a natural disaster; and
44.5. The declaration of a state of calamity is for a limited period only.

Section 45. Mandatory and Remedial Measures. - The declaration of
a state of calamity shall allow the immediate implementation of any or all of the
following remedial measures:

45.1. Imposition of price ceiling on basic necessities and prime
commodities by the President upon the recommendation of the implementing
agency as provided for under Republic Act No. 7581, otherwise known as the
“Price Act’, or the National Price Coordinating Council;

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

45.3. Grant of tax reductions or exemptions by the BIR, upon the
recommendation of the President or the Department; or

45.4. Use of altemative modes of procurement, such as negotiated
Procurement under Section 66 of this Act, by the Department, LGUs or relevant
government agencies in relation to the procurement of emergency works,
goods or services to respond or quickly recover from disasters.

Section 46. Emergency Measures. To ensure public safety and welfare
due to impending hazards and actual occurrence of disasters, the Department
may implement the following measures:

46.1. Ration the distribution of basic goods in critical shortage, and/or
restrict or ban the transfer of such goods outside the area covered by the
emergency measure;

46.2. Temporarily take over or direct the operation of any private utility
or business for urgent public purpose in anticipation of, during, and in the
aftermath of emergencies, hazards, and disasters and only when there is
imminent danger of loss of lives and/or damage to property, subject to payment
of just compensation; and


46.3. With the concurrence of the DOF, recommend to the Monetary

Board the determent of payment for monetary debts of LGUs and/or private
entities which have been affected by disasters.

Article Vill
FUNDS AND RESOURCES:

Section 47 Appropriations and Management of Disaster Resilience
Fund. (a) The budget ot the Department shall be composed of the following,
which shail be collectively called the Disaster Resilience Fund.

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

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

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

(b) The Disaster Resilience Fund shall be managed by the Department
to finance its operations, and disaster risk reduction, disaster preparedness,
response, recovery, rehabilitation and building forward better programs,
projects and activities formulated at the national level. Subject to Section 32 of
this Act, expenses for projects, programs or activities at the local level shall be
governed by Section 31 of this Act

Section 48. Continuing Appropriations. The unutilized balances from
the Disaster Contingency Fund, and Rehabilitation and Recovery Fund shail be
treated as Continuing Appropriations which may be used to finance the cost of
projects, programs, and/or activities even when such costs are incurred beyond
the fiscal year of the GAA where such funds were appropriated.

‘Section 49. Fund Regulations. The DBM and COA shall establish rules
and regulations which apply specifically to the Disaster Resilience Fund to
ensure that funds required for disaster response, recovery, and rehabilitation
are available and/or released efficiently and expeditiously through innovative
budgeting and auditing mechanisms, which may include, among others,

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20

providing for longer validity periods for funds and/or exemption from cash-
based budgeting rules; imposing auditing or reporting requirements which apply
specifically to the utilization of the Disaster Resilience Fund.

Section 50. People's Survival Fund. The Department shall manage
and administer the People's Survival Fund, created under Republic Act No.
10174, and facilitate its utilization by LGUs, through RDROs. to implement
climate change adaptation projects of LGUs and equip vulnerable LGU
communities against the impacts of climate change.

Section 51. Multi-Donor Trust Fund. The Department shall create and
manage. together with the Bureau of Treasury. a Multi-Donor Trust Fund for
the processing, releasing and accounting of money and other similar resources
intended for disaster assistance. The Department shall establish a system to
ensure transparency in the management and use of the Multi-Donor Trust
Fund

Section 52. Financial Administration. The Department shall manage
all funds appropriated to it by Congress and received from other sources. The
Department shall also manage all donations received by it, subject to the
auditing powers of the COA.

To fund its operations, the Department shall have the power to collect
tees derived trom the DRATI and other related activities.

Section §3. Donations Management. The Department shall have the
power to receive and manage donations from any person or entity, whether
trom local or international sources.

‘The importation by, and donation to, the Department of, among others,
food, clothing, medical assistance, equipment, and materials for relief, recovery
and other disaster management activities are hereby authorized in accordance
with Section 105 of the Tariff and Customs Code of the Philippines, as
amended, and the prevailing provisions of the General Appropriations Act
covering national internal revenue taxes and import duties of national and local
government agencies.

‘Section 54. Regulation of Donations. The Department shall establish
and operate a platform, including an online platform, to facilitate, monitor, and
provide public access to information on donations. To ensure complete
accounting and reporting of donations, the Department shall formulate and
issue rules and guidelines for the receipt, management and accounting of
donations, which are consistent with the rules on the use of foreign and local
aid during calamities and disasters issued by COA and other relevant
government agencies.

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Article IX
SPECIAL RULES ON BORROWING,
TAXES, ECO-ZONES AND PROCUREMENT

Section 55. Rules on Borrowing, The LGUs shall coordinate with the
DOF, Bangko Sentral ng Pilipinas (BSP), and other relevant agencies to access
foreign loans to implement disaster prevention, mitigation, early recovery, and
rehabilitation measures at the provincial, city, or municipal level.

Section 56. Special Rules on Tax and Duties. To facilitate prompt and
etficlent response to, and/or recovery from disasters, the following shall be
granted special exemptions from existing taxation laws, rules, and regulations:

56.1. Granting exemption from taxes and import duties for foreign
disaster assistance or international donations coursed through the Department;

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

56.3. Granting exemption from Value Added Tax (VAT) for goods or
services donated from abroad coursed through the Department;

56.4. Granting tax incentives to encourage members of the private
sector to render aid or provide disaster assistance, and/or to invest in disaster
resilience and climate change adaptation measures for their residence,
communities or businesses.

LGUs may also implement local tax rules which would grant disaster
victims reasonable reduction, exemption, or deferment of local taxes or other
types of tax assessments; or take other necessary action at the local level to
provide tax relief to disaster victims.

Section 57. Custom Duties and Tariffs on Donations. The BOC shall
create rules which would, among others, hasten the processing and release of
donated goods and equipment to disaster victims and/or affected areas.

Section 58. Economic Recovery and Development of Disaster
Prone Areas. (a) The Department, in coordination with the Department of
Trade and Industry (DT!) and other relevant agencies, shall create and provide
policies, programs, and projects, such as, but not limited to, business tax relief
and subsidies, to encourage business investments, and to stimulate economic
activities in affected or disaster-prone areas.

(b) The Department, in the collaboration with the relevant LGUs and
other stakeholders, shall likewise establish dual purpose structures in disaster

37


affected areas, such as, among others, community agricultural centers,
classrooms, and water harvesting tanks to develop and promote investments
in alfected or disaster-prone areas.

Section 59. Procurement. In general, the procurement rules provided
under Republic Act No, 9184 shall apply. However, alternative modes of
procurement as provided under Section 66 of this Act may be resorted to by
the Department, RDAOs, or LGUs in any of the following emergency situations:

59.1. There is imminent danger to life or property during a state of
calamity, as provided under Section 51, Article Vil of this Act, and the
procurement is necessary to avert or reduce such danger to life or property: or

59.2. The procurement is necessary to restore vital public services,
infrastructure facilities and other public utilities; or

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

59.4. There are other circumstances which require immediate
procurement necessary to prevent damage to or loss of life or property.

Section 60. Alternative Modes of Procurement. During emergency
situations as provided under Section 65 of this Act, the Department, ROROs or
LGUs may resort to the following modes of procurement:

60.1. Direct Negotiation under Republic Act No. 9184 and its
implementing rules and regulations;

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

Section 61. Special Rules on Procurement for Reconstruction and
Rehabilitation of Affected Areas. (a) The Department, with the assistance of,
or in collaboration with, relevant government agencies, shall create special
rules on procurement for services, goods, and materials to be used for
reconstruction and rehabilitation efforts in case of a natural disaster, including
but not limited to, the construction of post-disaster shelters and provision of

procurement to achieve the goals of this Act.

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(b) In case of procurement of services, goods, or materials for
reconstruction and rehabilitation efforts, whether from local or international
‘sources, the Department and the relevant government agencies (such as the
DBM, GPPB, COA, BIR, BOC, as applicable) shall provide less bureaucratic

restrictions, more flexible procurement policies, or exemption from, or reduction
of, customs duties,

Section 62. Procurement from Qualified Suppliers or Contractors.
As an exception to the provisions of Republic Act No. 9184 and its implementing
tules and regulations, the Department shall have the power to procure goods
and services from either local or foreign suppliers or contractors for purposes
of implementing projects, programs and activities related to disaster resilience
and disaster management. The conditions, limitations, application processes,
eligibility requirements and assessment criteria for local and foreign suppliers
and contractors shail be provided in this Act's IRR.

Section 63. Pre-arranged Contracts or Agreements with Private
Sector Entities. Notwithstanding Section 65 of this Act and Republic Act No.
9184, the Department shall have authority to enter into pre-arranged or
contingency contracts or agreements with private sector entities for the purpose
of, among others, establishing, a logistics system for the efficient and prompt
distribution of goods, equipment or other materials required for disaster
response and management; securing food, medicines, fuel, or other supplies
from groceries, pharmacies, gas stations or other sources in the event of a
disaster in a specific area; ensuring an alternative source of power or water
from private utilities in the event of a disaster in a specific area; or other

‘shail be provided in this Act's IRR.

Section 64. Other Procurement Rules and Policies. \n view of the

rehabilitation efforts for, and to continue the provision of basic services to,
disaster victims or disaster affected areas, the DBM and GPPB shall issue
resolutions, orders, and policies which are tailor-fit to promote and not delay
the attainment of the goals of disaster management and resilience.

‘Section 65. Government Accounting and Auditing Policies. The
COA shall review, align, and/or issue policies or rules to improve the efficiency
and expediency of procurement and audit processes for programs and projects
related to disaster resilience and management.

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Article X
DISASTER RISK TRANSER AND INSURANCE

Section 66. Disaster Risk Transfer and Insurance. The Department,
in collaboration with the DOF and Insurance Commission, shall create,
establish, and implement, among others, disaster insurance pools, revolving
funds, insurance and risk-transfer schemes and/or facilities, and other financial
disaster resilience measures to ensure the protection of public and/or private

and livelihood against the adverse effects of natural disasters. For
this purpose, the Department and/or DOF may engage or require the

government agencies,

and controlled corporations (GOCCs), or LGUs to insure their assets and/or
properties (such as, among others, vessels, vehicles, equipment, machineries,
permanent buildings, properties stored therein, or properties in transit) against
insurable risks and pay the premiums therefor, to compensate the Government,

GOCC or LGU, as applicable, tor any damage to, or loss of, properties due to
a natural disaster.

Article XI
YOUTH ASSISTANCE

Section 68. Civic Society and Youth Organizations. The Department,
with the assistance of the National Youth Commission (NYC), shall create
policies, projects, and programs that address the special needs of the youth for
disaster preparedness and management which shall include, among others:

68.1. Supporting youth-oriented pre- and post-disaster activities;

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

68.3. Mobilizing youth organizations;
68.4. Encouraging the participation of the youth, through the barangay

youth representative and the Sangguniang Kabataan (SK) to participate in
disaster resilience and disaster management activities.


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Section 69. Youth Oriented Disaster-Related Programs, Policies,
and Projects. (a) The Department, with the assistance of the National Youth
Commission, shall provide training on, and implement, response and
rehabilitation programs for the youth, including but not limited to, mental health
and psycho-social services.

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

Section 70. Comprehensive Emergency Program for Children,
Pregnant and Lactating Mothers. The Department shall establish and
implement a comprehensive emergency program to provide emergency reliet
and protection to children, and pregnant and lactating mothers in the event of
a natural disaster.

Article Xi
PROHIBITED ACTS AND PENALTIES

Section 71. Prohibited Acts and Penalties. (a) Any individual,
corporation, partnership, association or any juridical entity that commits any of
the following prohibited acts shall be made liable

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

a. Dereliction of duties which leads to destruction, loss af lives, critical
damage of facilities and misuse of funds;

b. Failure to enforce laws, standards, or regulations such as the
National Building Code, Solid Waste Management Act, Water Code,
and other relevant laws, thereby increasing the risk of disasters or
adversely affecting of disaster resilience;

. Failure to expeditiously act on reported violations;

d. Failure to create LDRO(s) or PDRO(s) within six (6) months from the
approval of this Act: and

@. Failure to prepare and implement an LORP or PDRP, as applicable

or a contingency plan for hazards frequently occurring within their
Jurisdiction,

a


71.2. Prohibited Acts of Public Officials and Private Persons or

Institutions.

@ Delaying without justifiable cause in the delivery, or improper
handling or storage of, aid commodities, resulting to damage or
Spoilage,

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

&. Preventing the entry and distribution of reliet goods in disaster-
stricken areas, including appropriate technology, tools, equipment,
accessories, disaster teams/experts,

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

. Buying, for consumption or resale, from the recipient disaster
affected persons any reliel goods, equipment or other aid
commodities received by them;

1 Selling of reliet goods, equipment or other aid commodities which are
intended for distribution to disaster victims;

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

fh. Diverting or misdelivering reliet goods, equipment or other aid
commodities to persons other than the rightful recipient or consignee;

|. Accepting, possessing, using or disposing reliet goods, equipment or
other aid commodities not intended for nor consigned to him or her;

|. Misrepresenting the source of reliet goods, equipment or other aid
commodities by:

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

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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;

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

k, Substituting or replacing relief goods, equipment or other aid
commodities with the same items or interior/cheaper quality;

|, Illegal solicitations by persons or organizations representing others
as defined in the standards and guidelines set by this Act's IRR;

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

n. Tampering with or stealing hazard monitoring and disaster
preparedness equipment and paraphemalia.

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

b. If the offender is a corporation, partnership or association, or other
juridical entity, the penalty shall be imposed upon the officer or
officers of the corporation, partnership, association or entity
responsible for the violation without prejudice to the cancellation or
revocation of 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 penalties prescribed in
this Act, be deported without further proceedings after service of the

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. Ifthe 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 from holding public office and

disqualification from taking civil service examinations.

Acts committed in violation of this Section shall be without prejudice to the
imposition of other criminal, civil and administrative liabilities under other
existing laws.

Section 72. Liability for Unlawful Performance of Duties and State
Liability in Case of Detense Litigation. In case a lawsuit is filed against an
official of the Department as a result of the performance of his or her duties,
and such performance was found to be lawtul, he or she shall be reimbursed
by the Department for reasonable costs of litigation. For this purpose, the
Department is authorized to procure applicable liability insurance for its officers
and employees.

Section 73. Disciplinary Powers of the President. The President,
subject to the recommendation of the Department Secretary, shall have the
power to impose administrative sanctions against local chief executives and
barangay officials for willful or negligent acts that relate to the implementation
of, or compliance with, this Act and its IRR or relating to their official functions
which adversely affect disaster resilience projects such as, but not limited to,
delayed issuance of permits or failure to implement local ordinances.

Article Xill
‘SPECIAL COURTS AND INJUNCTIONS

Section 74. Special Courts on Disaster Resilience Matters. (a) To
ensure the prompt and expeditious resolution of disputes relating to disaster
response, recovery or rehabilitation measures, the Supreme Court shall
establish special courts to hear, try, and decide cases arising from the following,
among others:

74.1. Implementation of the government's policies, plans, programs,
projects and budget related to the NDAPIP, LDAP, PDRP, other disaster
resilience activities, or pursuant to the provisions of this Act:

74.2. Construction of new settlements, or relocation of informal settlers
or settlements, to promote disaster resilience;

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

4


74.4. Failure to comply with standards for disaster preparedness and
continuity planning, including, but not limited to infrastructure standards and

74.5, Declaration of state of calamity under Article VII of this Act;

74.6. imposition of tax, tariff and customs duties, or the implementation
of tax relief, exemptions, reductions and other tax or customs rules and
regulations in relation to donations, disaster assistance, or other tax policies
implemented by the BIR or BOC pursuant to the provisions of this Act;

74.7, Commission of prohibited acts under Article XI of this Act;

74.8. Disputes involving donations, reliet goods, or contracts executed
or implemented pursuant to the provisions of this Act:

74.9. Other matters relating to achieving the purposes of this Act which
the Supreme Court may determine as falling under the jurisdiction of the special
courts created pursuant to this Section 71

Section 75. Dispute Resolution Mechanisms. The Department shall
establish a Disaster Resolution Board which shall resolve disputes involving
administrative matters related to

75,1. Accreditation or denial of accreditation of disaster resilience
training institutions, trainers, instructors, donors, volunteers, and Assisting
Domestic or International Actors;

75.2. Decisions of the RDROs;

75.3. Contracts entered into by the Department or any of its agents
pursuant to the provisions of this Act;

75.4. Other administrative matters or issues as may be determined by
the

‘The composition, structure, and other organizational matters related to
the DAB shall be defined and provided in this Act's IRR.

PRO tsi aap aracse ented i Barasgerlciye

special prosecutors to handle and prosecute violations of this Act involving
public officials and employees.

as


Section 81. Imposition of Temporary Restraining Order. No Court,
except the Supreme Court, shall have the power to issue an injunction or a
temporary restraining order against any action taken or projects implemented
by the Department or its agents pursuant to this Act

Article XIV
MISCELLANEOUS PROVISIONS

Section 82. Post-Disaster Shelters. The Department shall establish a
post-disaster shelter recovery policy framework for low-income/informal settler
families, with the assistance of the appropriate housing agencies and the
applicable LGUs, It shall, among others, determine the appropriate shelter
modalities depending on the following phases: emergency,
temporaryfransitional, and permanent The Department shall likewise identity.
assess, and decide on safe zones for the implementation of recovery or
rehabilitation projects.

Section 83. Cultural Heritage. To protect, preserve, and promote the
nation’s historical and cultural heritage, the Department shall assist the
appropriate cultural agencies and the appropriate LGUs to give priority
protection and restoration to all national cultural treasures or national historical
landmarks, sites, or monuments in post-disaster recovery or rehabilitation
measures.

Section 84 Indigenous People (a) The Department, with the
assistance of the National Commission on Indigenous Peoples (NCIP) and the
applicable LGUs, shall devise and implement mechanisms which foster social
Protection for indigenous communities that are vuinerable to the effects of
natural disasters.

(b) The Department shall ensure respect for, and protection of, the
traditional resource right of the Indigenous Cultural Communities/indigenous
Peoples (ICCs/IPs) to their ancestral domains, and recognize the customary

laws and traditional resource use and management, knowledge, and practices
in ancestral domains.

with the concerned ICCs/IPs and, as much as possible, engage such ICCs/IPs
in jointly formulating a disaster resiliency plan for their ancestral domain.

‘Section 85. Livelihood. The Department, with the assistance of the
relevant government agencies, such as but not limited to, the DTI and
Department of Labor and Employment (DOLE), shall establish policies and

46


programs to restore and/or generate livelihood in areas affected by natural
disasters.

Section 86. Incentives Program. The Department shall establish an
incentives program that recognizes the outstanding promotion and
implamentation by LDRMOs, PORMOs, CSOs, schools, and other institutions
of DRRM or CCAM programs and/or projects. and the meritorious acts of
individuals or entities during natural disasters.

Section 87. Structural Audit of Government Buildings. The
Department, with the assistance of DPWH and other relevant government
agencies and stakeholders, shall ensure and conduct structural audit, as often
as necessary, on government buildings, especially those located in congested
and disaster-prone areas, to ensure structural integrity and disaster risk of
urban buildings and to prevent the loss of life and property in the event of an
anticipated natural disaster.

Section 88. Transition Period. The functions, assets, funds,
equipment, properties, transactions, and personnel of the affected and
transferred agencies, and the formulation of the internal organic structure,
staffing pattern, operating system, and revised budget of the Department, shall
be completed within two (2) years from the effectivity of this Act, during which
time the existing personnel shall continue to assume their posts in holdover
capacities until new appointments are issued: Provided that, after the abolition
of the agencies as specified in Section 39 of this Act, the Department, in
coordination with the DBM, shall evaluate, abolish old and/or create new
positions.

‘Section 89. Implementing Rules and Regulations. The Department,
DBM, DOF, DILG, and PMS shall issue, within ninety (90) days from the
effectivity of this Act, the necessary rules and regulations (IRR) for the effective
implementation of this Act. They may call upon other relevant

government
agencies as well as civil society organizations to assist in the crafting of the
IRR.

‘Section 90. Congressional Oversight Committee. A Congressional
Oversight Committee is hereby created to monitor and oversee the
implementation of this Act. The Committee shall be composed of six (6)
members from the Senate and six (6) members from the House of
Representatives with the Chairpersons of the Committee on Government
Reorganization of both the Senate and the House of Representatives as joint
of this Committee. The five (5) other members from each
re oe be rite bye eorwte Festa fe Speck ot be
of Representatives, respectively. The minority shall be entitled to pro
ee cae ak eciet ask Conit) esseardathn Wows Goch
Chamber.

47


Section 91. Mandatory Review. — Congress shall undertake a
mandatory review of this Act within five (5) years after the effectivity of this Act,
or as often as it may deem necessary

Section 92. Interpretation. Any doubt in the interpretation of any
provision of this Act shall be resotved in favor of a liberal interpretation that will
{ullfil the objectives of this Act, especially in relation to the provision of effective,
efficient and timely disaster response. rehabilitation and recovery.

Section 93. Repealing Clause The provisions of Republic Act
No.10121, Republic Act No. 7160, Republic Act No. 7916, Republic Act No.
9184, and all other laws, decrees, executive orders, prociamations and other
‘executive issuances, which are not consistent with or contrary to the provisions
of this Act, are hereby repealed or amended.

‘Section 94. Separability Clause. |! any provision of this Act shail be
held unconstitutional or invalid, the other provisions not otherwise affected shall
remain in full force and effect.

Section 95. Effectivity. This Act shall take effect fitteen (15) days after
its publication in at least two (2) newspapers of general circulation.