REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

999

HOUSE BILL NO.

Introduced by Representative TYRONE D AGABAS

EXPLANATORY NOTE

This bill seeks to create the Department of Disaster Resilience
(DDR) which will carry out and harmonize among others, the policies on
disaster risk and vulnerability reduction and management,
environmental management, climate change adaptation, and sustainable
development to uphold the welfare of our people particularly the
vulnerable sectors of our society before, during, and after each and every
calamity. This bill has already been approved by the House of
Representatives on its 3" and final reading in the 17 Congress. This bill
is however being refiled on account of the bill’s importance in disaster
preparedness, management and recovery.

The Philippines “is one of the world’s most disaster-prone
countries. Located along the boundary of major tectonic plates and at the
center of a typhoon belt, its islands are regularly impacted by floods,
typhoons [at least 20 a year], landslides, earthquakes, volcanoes, and
droughts. The Philippines also ranks among the top three counties in the
world for population exposure and vulnerability to hazards. The
Philippine government has developed strong coping mechanisms over
long history of experience with disasters. Yet, significant gaps remain in
disaster management capacities across different regions of the
Philippines and surprisingly little data are available referencing local
levels of disaster resilience and preparedness” (Perceptions Disaster
Resilience Preparedness in the Philippines, Bollettino, Alcayna, Enriquez
and Vinck, July 2018)

Today, the biggest threat against human race is climate change. It
is real. Recently, Itbayat, Batanes was struck by an earthquake resulting


to nine (9) deaths and multiple injuries, an incident which has not
occurred for many years. Given the peculiar situation of our country to
natural calamities, aggravated by human induced disasters, there is an
imperative need, through this legislative measure, to institutionalize,
adopt and implement a comprehensive, integrated, efficient, and
responsive disaster risk and vulnerability reduction program that is
incorporated in the development plan at various levels of government.

‘This is a race against time and opportunities. Hence, the urgent
need for the approval of this bill.

‘TTY. TYRONE D. AGABAS
Representative
6% District, Pangasinan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

HOUSE BILLNO. 3999

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

THEREFOR

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

Congress assembled:
CHAPTER |
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policies and Principles- (a) Duties of the State

The State shall carry out and harmonize the policies on disaster risk
and vulnerable reduction and management, environmental management,
and climate change adaption, and sustainable development to uphold the
welfare of the people particularly the vulnerable sectors of society.

The State shall uphold its commitment to the achievement of the
sustainable development goals specifically, integrating and implementing
policies and plans towards inclusion, resource efficiency, mitigation and

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adaption to climate change, resilience to disaster, and develop and
implement a holistic disaster risk management at all levels in line with the
Sendai Framework for Disaster Risk Reduction 2015-2030.

The State shall uphold its commitment to the United Nations
Framework Convention on Climate Change (UNFCCC) in the stabilization
of greenhouse gas concentrations in the atmosphere at a level that
prevents dangerous anthropogenic interference with the climate system,
achievable within a time frame sufficient to allow the natural adaptation of
the ecosystem to climate change, to ensure food production and food
security, and to secure sustainable economic development.

The State shall integrate and accelerate the implementation of the
principles, and concepts of climate change, disaster risk and vulnerability
reduction contained in the Paris Agreement of the United Nations
Framework Convention on Climate Change (UNFCCC), the Sendai
Framework for Disaster Risk Reduction 2015-2030, the Asia-Pacific
Economic Cooperation (APEC) Disaster Risk Reduction (DDR) Framework,
the 2030 Agenda for Sustainable Development Goals (SDGs), and the
Philippine Development Plan (PDP) 2017-2022 in various phases in policy
formulation, development plans and investment, poverty reduction
strategies and other development tools, and techniques by all national and
local agencies, institutions and instrumentalities of the government to
enhance the country’s climate change adaptive capacity

It shall be the duty of the State to:

(1) Uphold the people's constitutional right to life and property by
minimizing, if not eradicating, the root causes of
vulnerabilities to disasters, strengthening the country’s
institutional capacity for disaster risk and vulnerability
reduction and management, and building the resilience of

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(3)

(4)

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local communities to disasters including climate change
impacts, and human induced disasters;

Incorporate internationally accepted principles of disaster risk
and vulnerability reduction and management, and climate
change adaptation, including universal principles and
standards for humanitarian assistance, developing and
implementing national, regional and local sustainable
development and poverty reduction strategies, policies, plans
and budgets, as part of the country’s commitment to
overcome human suffering due to disasters;

Ensure a science-based in a whole-of-society approach and
bottom-up participation, representation, and decision-making
in climate-disaster risk governance, risk assessment, risk
reduction and risk management, and adopt a comprehensive,
integrated, and proactive approach to _ lessening
socioeconomic and environmental impacts of disasters and
climate change;

Promote and advance the implementation of a
comprehensive Disaster Risk and Vulnerability Reduction
Plan (DRVRP) that aims to strengthen the capacity of the
national government and the local government units (LGUs),
together with development partner stakeholders, build the
disaster resilience of communities, and institutionalize
arrangements and measures for reducing disaster risks,
including projected climate risks, and enhance disaster
preparedness and response capabilities at all levels;

Recognize the role of, and work with international
humanitarian and development partners especially those with
established presence in the country;

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Develop, maintain, and ensure the accessibility of climate and
geospatial information and services to the public through
Open Data, which means data that can be freely used,
reused, and redistributed by anyone, subject to limitations on
account of national security considerations. This may include
the use of impact-based forecast models, and probabilistic
hazard maps;

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

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

regional and local levels;

Adopt and implement a comprehensive, integrated, efficient
and responsive disaster risk and vulnerability reduction
program that is incorporated in the development plan at
various levels of government adhering to transparency
accountability and other principles of good governance within
the context of poverty alleviation and environmental
protection;

Mainstream disaster risk and vulnerability reduction in
government by ensuring _risk-informed _ planning,
programming, implementation, monitoring, and evaluation,
and the use of quality management, accountability, and

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(11)

(12)

(13)

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performance systems in measuring and improving the
effectiveness and efficiency of disaster risk and vulnerability
reduction management process across all government
levels, including those offices which manage peace
processes and conflict- resolution approaches, so as to
minimize the loss of lives and damage to properties and
ensure that communities in conflict zones can immediately
resume their normal lives at the conclusion of episodes of
intermittent conflicts;

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

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

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

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

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Recognize and respond to the differentiated concerns and
needs of vulnerable groups such as women and girls, children
and youth, older persons, persons with disabilities, urban
poor, and indigenous people with respect to disaster risk
reduction and management, at the same time, recognizing

their inherent capacities to contribute to resilience;

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

Ensure the use of advanced science and the most up-to-date
technologies in climate change adaptation, disaster risk, and
vulnerability reduction and management — through
engagement, consultation, and employment with a regular
department funding of academe or higher education
institutions, such as the University of the Philippines
Resilience Institute, University of the Philippines Nationwide
Operational Assessment of Hazards Center and other
scientific research and academic institutions that have track
record and expertise recognized both locally and
internationally as well as the capacity to implement the
science and engineering requirements necessary for effective
climate change adaptation, and disaster risk and vulnerability
reduction;

Ensure workers’ rights are proactively respected during the
disaster preparedness and response, and actively engage
workers’ and employers’ organizations to share expertise and

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(b)

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capacities in disaster risk reduction and climate change

programs;

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

Adopt and manage a mechanism for the effective resolution
of climate change, disaster risk, and vulnerability reduction
and management related grievances;

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

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

Establish and maintain the National Loss and Damage
Registry; and

Mainstream gender and social inclusion in all aspects of the
Department of disaster Resilience work from planning,
monitoring, to evaluation.

Roles and Responsibilities of Stakeholders. The commitment,
goodwill, knowledge, experience, and resources of relevant

stakeholders are critical to realize a safer, adaptive, resilient and

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

(1) Civil society organizations, nongovernmental organizations,
international nongovernmental organizations, private sector,
practitioners of climate and disaster mitigation, organized
voluntary work organizations and community-based
organizations shall participate, in collaboration with public
institutions, to, inter alia, provide specific knowledge and
pragmatic guidance in the context of the development and
implementation of normative frameworks, standards and
plans for disaster risk and vulnerability reduction; engage in
the implementation of local, nation, regional, and global plans
and strategies; contribute to and support public awareness, a
culture of protection, prevention and conservation, and
education on disaster risk; and advocate for resilient
communities and an inclusive and whole of society risk
reduction and management which shall strengthen the
synergies across groups, as appropriate;

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

(3) Children and the youth as agents of change shall endeavor to
actively contribute to disaster risk and vulnerability reduction,
in accordance with legislation, national practice, and
educational curricula; disaster risk reduction and

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(5)

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management at all levels and processes of disaster risk and
vulnerability reduction and anticipatory adaptation, including
data gathering, planning, programming, budgeting,
implementation, monitoring and evaluation;

For citizens having years of knowledge, skills on climate
change adaption and disaster risk reduction and wisdom are
invaluable assets to reducing disaster risk, and shall therefore
participate in the design of policies, plans and mechanisms,
including those for early warning;

Persons with disabilities, through their existing network or
organizations, shall participate in activities related to
assessment, programming, and the designs of policies, plans,
and mechanisms;

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

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

Urban and rural poor shall contribute to resilience building as
well as in the promotion of more inclusive and transformative
resettlement for informal settler families in reducing their
vulnerability to threats of disaster and climate risk through
state and non-state programs;

Farmers and fisherfolk shall contribute to the promotion and
protection of the environmental resource management that

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will secure food and nutrition resilience through the
integration of disaster risk and vulnerability reduction into

sustainable development policies and planning;

Emergency responders community practitioners, and
organized volunteer organizations shall contribute to
resilience by providing timely and efficient emergency
response and providing training on basic life support, first aid,
and search and rescue, in accordance with the standards
provided by the Research, Education, and Training Institute of
the Department;

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

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

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participate, as appropriate and under the guidance of the
public sector, in the development of normative frameworks
and technical standards that incorporate disaster risk
management; and

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

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

(a)

(b)

(c)

Adaptation refers to the adjustment in natural or human system in
response to actual or expected climatic stimuli or their effects, which

moderates harm or exploits beneficial opportunities.

Assisting Actor refers to any Assisting Intemational Actor and any

Assisting Domestic Actor responding to a disaster in the country.

Assisting Domestic Actor refers to any not-for-profit entity

established under domestic laws, which is responding to a disaster

in the country

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(e)

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(h)

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

Build Forward Better refers to 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.

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

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

Climate Change refers to a change in the state of the climate that
can be identified by changes in the mean and/or the variability of its
properties, and that persist in an extended period, typically decades
or longer, whether due to natural variability or as a result of human
activity as defined under Republic Act No. 9729, otherwise known as

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(i)

(i)

(k)

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(m)

the “Climate Change Act of 2009”. These include internal processes
or external forces such as modulation of the solar cycles, volcanic
eruptions and persistent anthropogenic changes in the composition
of the atmosphere or in land use.

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

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

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

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

Contingency Planning refers to a management process that
analyzes specific potential events or emerging situations that might
threaten society or the environment and establishes arrangements in
advance to enable timely, effective and appropriate response to
‘such events and situations.

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(n)

(0)

(p)

(q)

)

Dangerous Anthropogenic Interference refers to the effects in the
climate system as a result of the increase of greenhouse gas
concentrations in the atmosphere that leads to widespread climate
change impacts such as widespread demise of coral reefs.

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

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

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

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

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(s)

(t)

(u)

(v)

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

earthquake.

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

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

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

and mediate their differences.

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(w)

(x)

ty)

(2)

(aa)

Disaster Risk Management refers to the systematic process of using
administrative directives, organizations, and operational skills and
capacities to implement strategies, policies and improved coping
capacities in order to lessen the adverse impacts of hazards and the
possibility of disaster.

Disaster Risk Reduction refers to the concept and practice of
reducing disaster risks through systematic efforts to analyze and
manage the casual factors of disasters, including through reduced
exposure hazards, lessened vulnerability of people and property,
wise management of land and the environment, and improved

preparedness for adverse events.

Disaster Risk and Vulnerability Reduction (DRVR) refers to the
concept and practice of reducing potential loss of life, injury, or
destroyed or damage assets or disruption which could occur to a
system, society or community in a specific period of time,
determined probabilistically and conditions determined by physical,
social, economic and environmental factors or processes which
increase the susceptibility of an individual, a community, assets or
system to the impacts of hazards through systematic efforts to
analyze and reduce casual factors of disasters all which contribute
to strengthening resilience and therefore to the achievement of
sustainable development.

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

Early Warning System refers to the set of capacities needed to
generate and disseminate timely and meaningful warning

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(bb)

(cc)

(dd)

(ee)

(ff)

(gg)

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

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

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

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

Emergency Management refers to the organization and
management of resources and responsibilities for addressing all
aspects of emergencies, in particular preparedness, response and,
initial recovery steps.

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

Gender-Based Violence refers to violence that is directed against a
woman because of her gender, or that affects the women

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(hh)

(ii)

Gi)

(kk)

(ll)

disproportionately. It includes acts that inflict physical, mental or
sexual harm or suffering, threats of such acts, coercion and other

deprivations oh liberty.

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

Geographically Isolated and Disadvantaged Area (GIDA) refers to
areas with a marginalized population which is physically and
socioeconomically separated from the mainstream society and
characterized by physical factors, and isolated due to distance,
weather conditions and transportation difficulties in island, upland,
lowland, landlocked, hard to reach and underserved communities,
and/or socioeconomic factors such as high poverty incidence,
presence of vulnerable sectors, communities in or recovering from
situation of crisis or armed conflict.

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

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

Imminent Danger refers to a situation where, on the basis of official
forecast, a disaster will or is expected to occur in a particular

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494
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496
497

498
499
500
501
502

506
507

510
511
512
513
514
515
516

517
518

(mm)

(nn)

(00)

(pp)

(qq)

geographical area and within an estimated period of time, and where
necessary preparedness actions or financing are required

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

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

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

Land-Use Planning refers to the process undertaken by public
authorities to identify, evaluate and decide on different options the
use of land, including considerations of long-term economic, social
and environment 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.

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

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520

521
522
523
524

526
527
528

529
530
531
532
533
534
535
536
537
538
539
540
541.

542
543
544
545,
546
547

(rr)

(ss)

(tt)

(uu)

(w)

Mitigation refers to effort to reduce or limit greenhouse gas

emissions or enhance greenhouse gas sequestration.

National Continuity Policy refers to 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

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

management.

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

Natural Hazard refers to naturally occurring physical phenomena
caused either by rapid or slow onset events which can be geological
such as earthquakes, ground rupture, liquefaction, landslides,
tsunamis, sinkholes, and volcanic activity: hydrological and
meteorological such as floods, severe winds, typhoons, storm
surges, climatological variability such as extreme temperatures, El

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549

550
551
552
553
554
555
556
557
558
559
560
561

562
563
564
565

566
567
568
569
570
S71
572

573
574
575

(x)

(yy)

(zz)

Nifo, La Nifa, forest fires, or biological such as disease, epidemics

and insect/animal plagues.

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

Persons with Disabilities refers to individuals who have long-term
physical, mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others

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

Post-Disaster Recovery refers to the restoration and improvement,
where appropriate, of facilities, livelihood, and living conditions of
disaster-affected communities, including efforts to reduce disaster

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578
579
580

581

582
583
584
585
586

587
588
589
590
591
592
593

594
595
596
597

598
599
600
601
602
603

(aaa)

(bbb)

(ccc)

(dda)

(eee)

risk factors, in accordance with the principle of “Build Forward
Better’.

Private Sector refers to private corporations, households, non-profit
institutions serving households, and other economic enterprises

outside of government.
Public Sector Employee refers to all persons in the civil service.

Recovery refers to a rehabilitation measures that ensure the ability
of affected communities or areas to restore their normal level of
functioning by restoring livelihoods and services, reconstructing
damage infrastructures and increasing the communities
organizational capacity.

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

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

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

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604

615
616
617
618

619
620
621
622
623
624

625
626
627
628

629
630
631

(ggg)

(bhh)

(iii)

Gi)

(kkk)

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

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

Risk Transfer refers to 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.

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

Sustainable Development refers to development that meets the
needs of the present without compromising the ability of future

generations to meet their own needs.

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633
634
635
636

653
654
655
656
657

(Illy

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

(mmm) Vulnerability refers to the characteristics and circumstances of a

(nnn)

(000)

(ppp)

(aqq)

community, system or asset that make it susceptible to the
damaging of hazard. Vulnerability may arise from various physical,
social, economic, and environmental factors.

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

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

Whole-of-Government Approach refers to an approach that
integrates the collaborative efforts of the government departments
and agencies to achieve unity of effort toward a shared goal to
broaden the government's options and increases efficiency to

maximize all available resources in a collaborative effort.

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

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661

662

663
664
665

666
667
668
669

670
671
672
673
674
675
676

677
678
679
680

(rt) Youth refers to those persons aged fifteen (15) to thirty (30) years
old, as provided for under Republic Act No. 8044, otherwise known
as “Youth in Nation-Building Act”

CHAPTER II
DEPARTMENT OF DISASTER RESILIENCE

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

The Department shall be the primary government agency
responsible for leading, organizing, and managing the national effort to
reduce disaster risk, prepare for and respond to disasters, recover and
rehabilitate, and “Build Forward Better” after the occurrence of disasters.

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

‘The Department shall augment the capacity of LGUs in collaboration
with relevant national government agencies and other stakeholders to
implement disaster risk reduction and management and climate change

action plans, programs, projects, and activities

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

(a) Risk Reduction

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699
700

701
702
703
704

705
706
707
708
709

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Oversee, direct, and undertake programs and projects to
identify, assess, prioritize and localize hazards and risk in the
country, in consultation with national government agencies,
LGUs, communities, and stakeholders that shall be involved
in disaster risk reduction efforts;

Monitor and ensure the integration of the disaster risk and
vulnerability reduction and management and climate change

adaptation policies into national development plans;

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

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

Create an enabling environment for the design of relevant

and appropriate risk-sharing and risk-transfer instruments;

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

Coordinate directly with LGUs and private entities to address
climate vulnerabilities and disaster risk assessment (CVDRA)
of regions and provinces at the meso-scale, cities and
municipalities at the micro-scale, and barangays at the meta-
scale;

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715
716
n7

718
719
720
721
722

723
724
725
726

727
728
729

730

731
732
733
734

(b)

(8)

(9)

(10)

(11)

(12)

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

Formulate the National Disaster Resilience Framework,
National Disaster Resilience Plan, and the National Continuity
Policy;

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

Disaster Resilience Plan;

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

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

Disaster Preparedness and Response

(1)

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

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7

738
R39
740
741

742
743
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745
746
747
748

749
750
751
752

753
754
755

756
787
758
759

760
761
762

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Coordinate information-sharing and other risk reduction
protocols following the principle of interoperability among
national government agencies and LGUs;

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

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

Call on the reserve force, as defined in Republic Act No.
7077, otherwise known as the “Citizen Armed Forces or
Armed Forces of the Philippines Reservist Act’, to assist in
relief and rescue operations during disasters;

Work with the private sector and CSOs for assistance with
regard to the use of facilities and resources for the protection
and preservation of life and property;

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

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

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769

770

72

773
774
775

776

™
778
779
780

781
782
783

784

786

787
788

(c)

(d)

(9) | Monitor and support LGUs in the management of evacuation
centers and ensure the welfare and dignity of internally-

displaced persons;

(10) Procure goods and services during emergencies, in
accordance with existing emergency procurement rules and

regulations;

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

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

Rehabilitation and Recovery

(1) Prepare, organize, lead, implement, and manage post-
disaster assessment and recovery and rehabilitation
programs, in coordination with the affected LGUs, national
government agencies, and other stakeholders;

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

(3) _ Ensure that the principle of “Build Forward Better” is applied
to rehabilitation and recovery efforts.

Other Powers and Functions
(1) Provide or designate a secretariat to the Climate Change

Commission;

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791
792
793

804
805
806
807
808
809
810

811
812
813
814
815
816
817

(2)

(3)

(4)

(5)

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

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

Receive, administer, mobilize, and monitor and oversee the
utilization of the National Disaster Resilience Fund, the
Prevention, Mitigation, and Preparedness Fund for third (3)
to sixth (6) Class Provinces and Municipalities, and
donations for disaster risk and vulnerability reduction and
management and climate change adaptation, unless
otherwise specified;

Use of advanced science and technologies in disaster risk
reduction and management by engaging, consulting with,
employing and regularly funding the academe or higher
education and research institutions such as the University of
the Philippines Resilience Institute and the University of the
Philippines Nationwide Operational Assessment of Hazards
Center or other institutions that have a recognized and

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820
821

822
823
824
825
826
827
828

829
830
831

832
833
834

835
836

837

838

839
840
841
842
843
844

credible track record, as well as the capacity to conceptualize
and implement the science and engineering requirements
necessary for effective climate change adaptation and
disaster risk reduction;

(6) Establish a disaster resilience information system to facilitate
the creation of an integrated risk assessment platform that is
built from the inputs of government and private scientific and
academic institutions, national government agencies and
LGUs, local communities and other stakeholders, and is able
to provide readily accessible and actionable information for
purpose of risk governance and humanitarian action;

(7) Develop the criteria and procedure for the enlistment of
accredited community disaster resilience volunteers and
institutions;

(8) Create and continuously update, in consultation with
stakeholders, a manual of operations for accredited
community disaster resilience volunteers and institutions; and

(9) Perform such other functions as may be necessary for the
effective implementation of this Act.

CHAPTER III
GENERAL WELFARE AND EMERGENCY MEASURES.

SEC. 6. General Welfare. - The Department shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as the
powers necessary, appropriate or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general
welfare, such as the implementation of emergency measures including
preemptive and forced evacuation, in anticipation of, during, and in the

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852
853
854
855
856
857

858
859
860
861
862

863
864
865
866
867
868

869

aftermath of emergencies, hazards and disasters and only when there is

imminent danger of loss of lives and/or damage to property.

SEC. 7. Emergency Measures at the National Level. - The Department
may require the assistance of law enforcement agencies and the uniformed

services, such as the PNP and the AFP, as well as emergency responders,

to assist in the implementation of emergency measures.

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

(a)

(b)

(c)

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

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

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

SEC. 9. Hierarchy of Evacuation Measures. —

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881

882
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384
885

886

887
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889
890
891

892
893
394

895
896
397

(a)

(b)

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

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

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

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

(a)

(b)

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

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

SEC. 11. Inspection and Implementation Powers. — The Department shall

have inspection, visitorial and examining authority over government and

nongovernmental entities to ensure that all funds and assets allocated for

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900

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902

907
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913
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915
916
917

918
919
920
921
922
923

924
925

disaster resilience are actually used for said purpose. The Department shall
likewise have the power to inspect and examine the status of projects and
programs being undertaken in furtherance of disaster resilience efforts

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

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

SEC. 13. Emergency Powers. — Whenever it becomes necessary, the
Department, subject to the approval of the President, may call on the AFP
or the PNP, in coordination with the Secretary of National Defense and the
Secretary of the Interior and Local Government, to prevent or suppress
lawless violence and ensure the protection and preservation of life or
property in anticipation of, during, and in the aftermath of emergencies,
hazards and disasters.

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

SEC. 14. Emergency Arrangements. - The Department shall have the
power to negotiate, enter into, institutionalize and coordinate arrangements

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930

931

932

933
934

935
936

937
938

939
940

941

942
943
944

945
946

947

949

with any private person or juridical entity for the purpose of ensuring the
adequate and prompt availability of all goods and services necessary in
anticipation of, during, and in the aftermath of emergencies, hazards and
disasters and only when there imminent danger of loss of lives and/or
damage to property.

CHAPTER IV
ORGANIZATION AND MANAGEMENT

SEC. 15. The Secretary. - The Department shall be headed by a Secretary
who shall be appointed by the President

SEC. 16. Powers and Functions of the Secretary. - The Secretary of the
Department shall exercise the following powers and functions:

(a) Establish and promulgate policies, rules, and regulations for the
effective and efficient operation of the Department;

(b) Exercise executive direction over the operations of the Department
and administrative supervision over its attached agencies;

(c) Manage the financial and human resources of the Department;

(d) Appoint officers and employees of the Department, except
presidential appointees, in accordance with civil service law, rules,
and regulations;

(e) Exercise disciplinary authority over officers and employees of the
Department in accordance with law;

(f) Coordinate with other government agencies, the private sector, and
CSOs on the policies, programs, projects, and activities of the
Department, as may be necessary;

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963

964
965

966

975
976

(g) Advise the President on the promulgation of executive and
administrative issuances and the formulation of regulatory and
legislative proposals on matters pertaining to disaster resilience;

(h) Serve as the Vice-Chairperson of the Climate Change Commission
(CCC),

(i) In coordination with the Department of Foreign Affairs, represent the
Philippines in the climate change negotiations and articulate the
national contribution to global, regional, and other inter-
governmental disaster risk reduction and humanitarian platforms;

(i) Call upon the AFP and the PNP to render assistance in disaster-
affected areas; and

(k)  Promulgate such rules and regulations and perform such other
functions as may be necessary or proper to attain the objectives of
this Act.

SEC.17. Organizational Structure, Functions and Management. — The
Department shall be composed of the following officials and offices;

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

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

(c) Ten (10) Assistant Secretaries, to be appointed by the President,
who shall assist the Secretary in administering the affairs of the

Page 36


977
978
979
980

981
982
983
984
985
986
987
988

989
990
991
992
993
994

995
996
997
998
999

1000

1001

1002

1003

1004

(d)

Department to be responsible for overall staff supervision, Internal
Audit, Administration, Disaster Resilience Fund Management, Fiscal
Management, Operations, Mobilization, Plans and Programs, Legal,
Project Management and Sustainable Development;

Eleven (11) Service Directors who shall head the following Services:
the Administrative and Financial Management Service, the Logistics
and Resource Management Service, the Operations Service, the
Responders Management Service, the Policy Development and
Planning Service, the Capacity-Building and Training Service, the
Legal Affairs and Compliance Service , the Disaster Risk Reduction
Service, the Climate Change Service, the Recovery and
Reconstruction Service, and the Strategic Communications Service:

(1) | The Administrative and Financial Management Service shall
provide the Department with economical, efficient and
effective services relating to human resource management
and development, financial management and general
administration services to support civil defense and disaster
tisk reduction and management operations and functions.

(2) The Logistics and Resource Management Service shall be
responsible for the efficient and effective management of all
the assets and resources of the Department; the efficient and
effective gathering, maintenance and updating of a database
of pertinent assets and resources belonging to any and all
agencies and instrumentalities of the Government, as well as
nongovernment and civic organizations in support of
operational readiness for utilization by the Department; and
the procurement of necessary assets and resources to be
maintained and utilized by the Department.

Page 37


1005
1006
1007
1008
1009

1010
1011
1012
1013
1014
1015

1016
1017
1018
1019
1020
1021

1022
1023
1024
1025

1026
1027
1028
1029
1030
1031
1032
1033,

(3)

(4)

(5)

(6)

(7)

The Operations Service shall be responsible for formulating,
implementing and monitoring the operational plans of the
Department and ensuring its operational readiness, as well as
the effective functional management of the Emergency
Management Operations Center

The Responders Management Service shall be responsible
for the efficient and effective gathering, management, and
updating of a national roster of individuals and groups from
the civilian sector, volunteer organizations, uniformed
services and the reserve force in support of operational
readiness for utilization by the Department.

The Policy Development and Planning Service shall be
responsible for providing responsive, efficient and effective
services relating to research, planning, programming,
budgeting, project development, and policy formulation of civil
defense and disaster risk reduction and management projects
and activities.

The Capacity-Building and Training Service shall be
responsible for building and developing the capacity of the
Department's personnel, civil defense _ practitioners,
communities and other stakeholders.

The Legal Affairs and Compliance Service shall provide legal
advice to the Department; interpret laws and rules affecting
the administration and operations of the Department; prepare
and review contracts and instruments to which the
Department is a party; interpret provisions of contracts
covering work involving the Department; and monitor the
compliance with regulatory and reportorial matters involving
the Department.

Page 38


1034
1035
1036
1037
1038
1039
1040
1041

1042
1043
1044
1045
1046
1047

1048
1049
1050
1051
1052

1053
1054
1055
1056
1057
1058
1059
1060

(8)

(9)

(10)

(11)

The Disaster Risk Reduction Service shall be responsible for
reducing disaster risks through systematic efforts and
programs of the Department to analyze and reduce the
causal factors of disasters such as exposure to hazards,
lessening vulnerability of people and property, wise
management of land and the environment, and improving
preparedness and early warning for adverse events which are

all examples of disaster risk reduction.

The Climate Change Service shall lead in the development
and mainstreaming of evidence-based climate adaptation and
mitigation policies of the Department through optimum
coordination among key stakeholders towards achieving a
climate-resilience and climate-smart Philippines with healthy,
safe, prosperous, and self-reliant communities,

The Recovery and Reconstruction Service shall provide
responsive, efficient and effective services relating to the
formulation of standards for rehabilitation and recovery
programs, projects, activities, and their subsequent
implementation.

The Strategic Communications Service shall be responsible
for the formulation and implementation of the strategic
communications plans and programs of the Department;
serve as the public affairs arm of the Department tasked with
directing, supervising and controlling the Department's public
information programs and activities, as well as establishing
and maintaining rapport with the media and the general
public;

Page 39


1061
1062
1063

1064
1065
1066

1067
1068
1069

1070
1071

1072
1073

1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084

1085

1086

(e)

(f)

(9)

(h)

(i)

i)

Divisions, units and offices as may be created by the Department
and whose officers and employees shall be appointed in accordance

with civil service law, rules, and regulations;

The National Climate and Disaster Resilience Research, Education,
and Training Institute under the Capacity-Building and Training
Service, to be headed by a Director with the rank of Director IV;

Regional and other field offices of the Department that shall be
established in each administrative region, each to be headed by a
Regional Director with the rank of Director IV;

Bureaus that are under the supervision and control of the
Department;

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

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

CHAPTER V

FINANCE AND ADMINISTRATION

Page 40


1087
1088
1089
1090
1091

1092
1093
1094
1095
1096
1097

1098
1099
1100
1101

1102
1103
1104
1105
1106
1107
1108
1109

1110
11
1112
1113

1114

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

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

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

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

agencies;

All importations and donations under Section 11(c) of Republic Act
No. 10863, otherwise known as the "Customs Modernization and Tariff Act
(CMTA)’ shall be considered as importation or donation to the Department,
subject to the approval of the Office of the President

CHAPTER VI

Page 41


1115

1116

1117
1118
1119
1120
1121

1122
1123

1124

1125

1126

1127

1128
1129

1130

1131

1132

1133

1134

1135

1136

WHOLE-OF-GOVERNMENT AND WHOLE-OF-NATION APPROACH

SEC. 20. National Disaster Resilience Council.

(a)

(b)

There is hereby created the National Disaster Resilience Council
(NDRC), which shall serve as the policy advisory body to the
Department on disaster risk reduction and management and climate
change adaption, consistent with the policies and scope as defined
in this Act.

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

(1) Secretary of Science and Technology
(2) Secretary of the Interior and Local Government;
(3) Secretary of Social Welfare and Development;
(4) Secretary of National Defense;

(6) Director-General of the National Economic and
Development Authority;

(6) Secretary of Health;
(7) Secretary of Environment and Natural Resources;
(8) Secretary of Agriculture;

(9) Secretary of Education;

(10) Secretary of Energy;

(11) Secretary of Finance;

(12) Secretary of Trade and Industry;

Page 42


1137

1138

1139

1140

1141

1142

1143

1144
1145

1146

1147

1148

1149

1150
1151

1152
1153

1154

1155
1156

1157
1158

(13)
(14)
15)
(16)
(17)
(18)
(19)

(20)

(21)
(22)
(23)
(24)

(25)

(26)

(27)

(28)

(29)

Secretary of Transportation;

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

Secretary of Justice;

Secretary of Labor and Employment;
Secretary of Tourism;

Secretary of Information and Communications
Technology;

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

Head of the Presidential Communications Operations
Office;

Secretary-General of the Philippine National Red
Cross;

Chairperson of the Commission on Human Rights;

Executive Director of the Council for Welfare of
Children;

Lead Convenor of the National Anti-Poverty
Commission;

Page 43


1159

1160
1161

1162
1163

1164
1165

1166
1167

1168

1169
1170

1171

1172
1173

1174

1175
1176

1177
1178

1179

1180
1181

(30)

(31)

(32)

(33)

(34)

(35)

(36)

(37)

(38)

(39)

(40)

(41)

(42)

(43)

Chairperson of the Philippine Commission on Women;

Chairperson of the Housing and Urban Development
Coordinating Council;

Chairperson of the National Council for Disability
Affairs;

Chairperson of the National Commission on
Indigenous Peoples;

Chairperson of the National Commission on Muslim
Filipinos;

Chairperson of the National Youth Commission;

President of the Government Service Insurance
System;

President of the Social Security System;

President of the Philippine Health Insurance
Corporation;

President of the Home Development Mutual Fund;

President of the Union of Local Authorities of the
Philippines;

President of the League of Provinces of the
Philippines;

President of the League of Cities of the Philippines;

President of the League of Municipalities of the
Philippines;

Page 44


1182

1183
1184

1185
1186

1187
1188

1189
1190
1191
1192
1193

1194
1195
1196
1197
1198
1199
1200

1201
1202
1203
1204
1205

1206

1207
1208

(c)

(a)

(e)

(44) President of the Liga ng mga Barangays;

(45) Maximum of six (6) representatives from the academe
and other relevant research institutions;

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

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

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

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

Guidelines for the Department of Disaster Resilience Fund (DDRF)
and Local Disaster Resilience Fund (LDRF)- The Department shall
provide the necessary guidelines and procedures on the DDRF and
LDRF releases as well as utilization, accounting and auditing

thereof.

SEC. 21. Monitoring, Reporting and Validation.

(a)

Monitoring and Reporting. On or before the last quarter of the
preceding year, member-agencies of the National Disaster

Page 45


1209
1210
1211
1212

1213
1214
1215,

1216
1217
1218
1219
1220
1221

1222
1223
1224
1225

1226
1227
1228
1229
1230
1231
1232

1233

1234
1235
1236

(b)

Resilience Council shall submit to the Department through the
Council Secretariat their respective DDR annual work and financial
plans (AWFPs) for the next year. The AWFPS shall be used on the
DDR Plan.

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

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

Validation. The Secretary shall require the submission of reports
from LGUs to validate the progress reports of the Council members-
agencies. Submissions shall be through the local field offices of the
DDR.

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

barangay and stakeholders.
(1) The Regional Disaster Resilience Councils (RDRC) —

The Regional Disaster Resilience Councils (RDRC) shall
coordinate, integrate, supervise, and evaluate the activities of the
LDRCs. It shall be accountable, responsible and liable for ensuring

Page 46


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1238
1239
1240

1241
1242
1243
1244
1245
1246
1247

1248
1249
1250

1251
1252

1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264

climate- disaster risk sensitive and inclusive regional development
plans, and in case of emergencies shall convene the different
regional line agencies and authorities, concerned institutions,

developmental partners and multiple stakeholders.

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

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

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

(i)  LDRC Budgetary Requirements of LDRO - The
budgetary requirements for personal services,
maintenance and other operating expenditures, and
capital outlay of the LDRO shall be sourced from the
General Fund of the LGU, subject to Section 76 of
Republic Act No. 7160, otherwise known as the "Local
Government Code of 1991, as amended. The
enforcement of Sections 325(a) and 331(b) of Republic
Act No. 7160, as amended, shall be waived to enable
the LGUs to fund the initial year requirements for the
creation of the minimum five (5) mandatory positions of
the LDRO

Page 47


1265
1266
1267
1268
1269
1270

1271
1272
1273
1274

1275
1276

1277
1278
1279

1280
1281
1282
1283

1284
1285
1286
1287
1288

1289
1290
1291
1292

Other maintenance and operating expenditures,
and other capital outlay requirements of the LDRO in
the implementation of disaster risk and vulnerability
reduction management and climate change adaptation
program shall be charged to the Local Climate-
Disaster Resilience Fund of the LGUs;

(ii) Establish linkage or network with other LGUs for
disaster risk and vulnerability reductions, climate
change adaptation and emergency response
purposes;

(iii) | Recommend through the LDRC, the enactment of local
ordinances consistent with the requirement of this Act;

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

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

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

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

Page 48


1293
1294
1295
1296
1297
1298
1299

1300
1301
1302

1303
1304
1305
1306

1307
1308
1309

1310
1311

1312
1313,
1314

1315
1316
1317

1318

SEC. 23. Establishment of Multi-Stakeholders Convergence Unit. — The
Department, with the assistance of other relevant government agencies

and stakeholders, shall establish a Multi-Stakeholders Convergence Unit

(MSCU), which shall align the disaster resilience efforts of the private

sector, CSOs, academe, and other stakeholders with the Department by

assisting, coordinating, or providing services that strengthen public-private

cooperation and coordination in disaster resilience, including the following:

(a)

(b

(c)

(d)

(e)

Establishment and implementation of business continuity practices
to ensure the continued delivery of products and services, in the
event of disasters;

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

Establishment, incorporation, and application of business continuity
plans as part of the disaster resilience plans of local government
units;

Facilitation or assistance in obtaining or processing incentives for
the private sector or other nongovernment stakeholders; and

Preparation and facilitation of the issuance of appropriate guidelines
for MSMEs relating to mechanisms on procurement and liquidity to
create enabling environment for DDR.

The MSCU shall establish a platform that includes, among
others, a database for monitoring and coordinating efforts and
resources of stakeholders.

CHAPTER VII

Page 49


1319
1320
1321

1322
1323
1324
1325
1326
1327
1328
1329
1330
1331
1332

1333
1334
1335
1336
1337
1338
1339
1340
1341
1342
1343

1344
1345
1346
1347

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

SEC. 24. Integration of DRR and Climate Change Adaptation in the Climate
and Disaster Resilience Framework and Plan. — The existing National
Disaster Resilience Framework and plan and the National Climate Change
Strategic Framework and Plan shall be enhanced by the Climate and
Disaster Resilience Framework and plan which provides for the
comprehensive probabilistic multi-hazards, multi-scenario, multi-sectoral,
resilience-building, and community risk-based approach and management
of disaster and climate risk, and provide for the integration of disaster risk
and vulnerability reduction and climate change adaptation, as well as the
mainstreaming in other sectoral policies. It shall be reviewed every three
(3) years.

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

The Climate and Disaster Resilience Framework and Plan for
climate-disaster risk governance, climate vulnerability assessment, risk
assessment and risk management shall be formulated and jointly approved
by the NDRC and the CCC.

Page 50


1348
1349
1350
1351
1352
1353

1354

1355
1356

1357
1358

1359
1360
1361
1362
1363
1364
1365

1366
1367
1368
1369
1370

1371
1372

1373
1374

SEC. 25. Ecosystem-Based Approach to Prevention and Mitigation,
Rehabilitation and Recovery from Disaster. - The Department shall ensure

the application of ecosystems-based approaches in disaster risk and

vulnerability reduction and climate change adaptation, particularly through

ecosystem management and restoration as define in this Act, and ensuring

that environmental and natural resource policies are risk-informed.

CHAPTER VIII

CLIMATE AND DISASTER RESILIENCE RESEARCH, EDUCATION, AND

TRAINING INSTITUTE

SEC. 26. Creation of the Climate and Disaster Research, Education, and
Training Institute. —

(a)

(b)

(c)

Within one (1) year from approval of this Act, the Department shall
establish the Climate and Disaster Resilience Research, Education,
and Training Institute in collaboration with higher education
institutions and private and state universities and colleges (SUCs)
which shall be a world-class center of excellence for learning and
research in the field of disaster risk and vulnerability reduction and
management and climate change adaptation;

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

The Climate and Disaster Resilience Research, Education, and
Training Institute shall have the following functions:

(1) Establish regional branches as well as provincial, city
or municipal branches, if deemed necessary, to train

Page 51


1375
1376
1377
1378
1379

1380
1381
1382

1383
1384
1385
1386
1387

1388
1389
1390
1391
1392
1393
1394

1395
1396
1397
1398
1399
1400

1401
1402

(2)

(3)

(4)

(5)

(6)

individuals from the public and private sectors in the
fields of disaster risk and vulnerability reduction and
management, climate change adaptation, and
ecosystem management and restoration, among
others;

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

Develop research programs and a knowledge
management system on climate change adaptation
and disaster risk and vulnerability reduction
management for the purpose of innovation and
capacity-building and development;

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

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

Consolidate and prepare information, education and
communication and training materials or publications to

Page 52


1403

1405
1406

1407
1408
1409

1410
1411
1412

1413

1414
1415
1416

1417
1418
1419
1420
1421
1422
1423
1424

1425

1426
1427
1428

assist disaster risk and vulnerability reduction an
management, and climate change adaptation
practitioners in the planning and implementation of
their plans, programs, projects and activities;

(7) Organize and recognize a community of climate
change adaptation and disaster risk reduction and

management practitioners; and

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

(d) Financial Support to the Center;

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

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

concerned.
CHAPTER IX

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

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1429
1430
1431
1432
1433
1434
1435
1436
1437
1438
1439

1441
1442
1443

1444
1445
1446
1447
1448
1449
1450
1451
1452
1453
1454
1455
1456
1457
1458

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

SEC. 28. Disaster Resilience and Climate Change and Training. - (a) The
Department Of Education, CHED, and Technical Educational and Skills
Authority (TESDA), in coordination with the National Youth Commission
(NYC), the Department of Science And Technology (DOST), Department
Of Environment And Natural Resources (DENR), Department Of The
Interior And Local Government (DILG), Department Of Health (DOH),
Department Of Social Welfare And Development (DSWD), and other
relevant agencies, developmental institutions, and nongovernment
organizations shall integrate disaster risk and vulnerability reduction and
climate change adaptation education in the school curricula at all levels of
education, from K to 12 to tertiary levels, including the early and adult
learning programs, National Service Training Program (NSTP), and
education for children and persons with special needs, whether private or
public, including formal and non-formal, technical-vocational, indigenous
learning, out-of-school youth courses and programs, and other channels of

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educational integration, including media, church, entertainment centers
(malls), international and domestic airports and transport terminals.

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

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

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

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

(f) The DepEd, CHED, TESDA, developmental institutions and
community-based organizations shall regularly review, monitor
evaluate and report to the Council the status of integration,

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(g

(h)

(i)

mainstreaming and implementation of climate change adaptation,
disaster risk and vulnerability reduction and management in public-
private schools and other learning institutions.

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

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

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

SEC. 29 Standard Mechanism for Cascading Information, Education and
Communication on Climate Change Adaptation and Disaster Risk and
Vulnerability Reduction. - (a) The DRC shall promote and advocate a
culture of resilience and responsible-accountable, liable and responsible

citizenship through information, education and communication that is

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appropriate, integrated, calibrated, inclusive, localized, science and risk-
based, gender, culture and disability sensitive and accessible using
multimedia. Information, education, and communication on climate change
adaptation and disaster risk and vulnerability reduction management
should be compelling but not alarming.

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

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

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

SEC. 31. Flash Appeal or Appeal for International Assistance.- Upon
consultation with the NDRC and in cognizance of the urgency, criticality
and intensity of an imminent risk, the DDR shall issue a flash appeal to the

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family of nations, under regional and multilateral conventions, for
assistance in preparedness including preemptive measures, search, rescue
and retrieval, relief, recovery, and reconstruction.

CHAPTER X
CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES.

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

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

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

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

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CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC 34. Standards for Disaster Preparedness Activities. — (a) The NDRC
shall establish standards for disaster preparedness, contingency planning,
localizing and operationalizing disaster risk and vulnerability reduction and
management, preparedness for disaster response, preparedness for early
recovery, continuity of essential services, and other relevant preparedness
activities.

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

The LGUs shall immediately compensate schools used as
evacuation centers. The schools may seek compensation on renovation or
repairs of damaged facilities for such use.

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

(b) The Department and alll other concerned agencies with an integrated
early warning and information mandate shall collaborate with the local
executives and officers to disseminate climate-disaster risk information

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through the involvement of LGUs, community-based organizations, CSOs,
and other nongovernmental organizations.

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

(b) The Department shall enhance and strengthen Philippine
Atmospheric, Geophysical and Astronomical Services Administration
(PAGASA) and the Philippine Institute of Volcanology and Seismology
(PHILVOLCS) mandates under Republic Act No. 10692 and Executive
Order No. 128, Series of 1987, respectively.

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

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

(e) The NDRC at the national and subnational level shall consider the
use of integrated early warning system to ensure it is consistent and locally
contextualized with the communication protocol and safe evacuation

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procedure of the affected communities to achieve zero casualty, to zero
death

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

CHAPTER XII
DISASTER RESPONSE AND EARLY RECOVERY

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

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

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

governments concerned;

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(a)

(b)

(c)

(d)

(e)

The Barangay Disaster Resilience Council (BDRC), if one barangay
is affected;

The city/municipal Disaster Resilience Councils (DRCs), if two (2) or

more barangays are affected;

The provincial Disaster Resilience Council (DRC), if two (2) or more
cities and municipalities are affected;

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

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

SEC. 39. Humanitarian Assistance Action Center. - The DRC shall
institutionalize a one-stop shop mechanism through the Humanitarian

Assistance Action Center for the processing and release of goods, articles

‘or equipment intended for humanitarian assistance and the processing of

necessary documents for international assisting actors. The Humanitarian

Assistance Action Center shall managed by the Department and shall be
composed of the following NDRC agencies:

(a)
(b)
(c)
(d)
(e)
(f)
(9)

(h)

Department of Finance- Bureau of Customs;
Department of Foreign Affairs:

Department of Social Welfare and Development;
Department of Health;

Food and Drug Administration;

Department of Agriculture;

Department of Energy;

Philippine National Police:

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(i) Philippine Coast Guard; and
() Department of Justice- Bureau of Immigration.

SEC. 40. Accreditation, Mobilization, and Protection of Disaster Volunteers
and National Service Reserve Corps, CSOs and the Private Sector. - The
government agencies, CSOs, private sector and LGUs may mobilize
individuals or organized volunteers to augment their respective personnel
complement and logistical requirements in the delivery of disaster risk
reduction programs and activities. The agencies, CSOs, private sector, and
LGUs concerned shall take full responsibility for the enhancement, welfare
and protection of volunteers, and shall submit the list of volunteers to the
Department, through the LDROs, for accreditation and inclusion in the

database of community disaster volunteers.

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

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

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

responsibilty.

CHAPTER XIll

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INTERNATIONAL HUMANITARIAN ASSISTANCE

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

SEC. 43. Assessment of the Need for International Humanitarian

Assistance.

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

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

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

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

directed to the international community.

SEC. 45. Humanitarian Assistance Action Center. - The Department shall
institutionalize an interagency one-stop shop mechanism called trough the
Philippine International Humanitarian Assistance Action Center (PIHARAC)
for the processing and release of entry and facilitation of goods, articles or
equipment, and services of international relief workers for the provision of
international humanitarian assistance, and the processing of necessary

documents for assisting international actors.
CHAPTER XIV

OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO
FOREIGN STATES

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

by the Department for the purpose.

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

international humanitarian assistance to a foreign state.

CHAPTER XV

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LEGAL FACILITIES FOR ELIGIBLE ASSISTING INTERNATIONAL,
ACTORS

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

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

SEC. 50. Recognition of Foreign Professional Qualifications.

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

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

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

SEC. 51. Recognition of Foreign Driving Licenses. — Foreign driving
licenses of eligible assisting international actors shall be accorded

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temporary recognition during the International Disaster Relief and Initial
Recovery Periods.

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

A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

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

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

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

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

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

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(a) Exemption from all duties and taxes;

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

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

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

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

declaration within a specified period

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

SEC. 57. Telecommunications Equipment. - Eligible assisting international
actors shall be permitted to import telecommunications equipment for the
purpose of Disaster Relief or Initial Recovery Assistance without
restrictions, except as required by NDRC guidelines and other laws for
purposes of national security or public order. The NDRC shall provide
guidelines for the manner of use telecommunications equipment as well as

a waiver of licensing requirements of fees.

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

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

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

C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

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

CHAPTER XVI
RECOVERY

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

(a) Improve the community's physical, social and economic resilience,
consistent with the principle of “Build Forward Better’;

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

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(c)

(a)

(a)

(9)

(hy

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

Employ outcome-driven planning and implementation;
Maximize use of private-public sector partnership where possible;

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

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

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

CHAPTER XVII

REMEDIAL, MEASURES UNDER STATE OF CALAMITY

SEC. 63. Remedial Measures Under State of Calamity. - Upon the
declaration of a state of calamity, the following remedial measures shall be

immediately undertaken by concerned government agencies both of

national and local levels:

(a

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

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

(c)  Programming/reprogramming of funds for the repair of critical
facilities or public infrastructures that are vital for the quick delivery
of humanitarian assistance, to reduce further threat to lives and
arrest further deterioration of properties and loss of livelihoods in the

affected communities, following the “Build Forward Better” principle:

(1) Grant od no-interest loans by government financing or lending
institutions to the most vulnerable and marginalized groups or
individuals; and

(2) Local tax exemptions, incentives or reliefs under such terms
and conditions as may be deemed necessary by the affected
LGU

CHAPTER XVIII
PROCUREMENT

SEC. 64. General Rule on Procurement. - Any procurement of goods,
services consultancy of infrastructure for disaster risk and vulnerability
reduction and climate risk, whether at the national or local level shall
conform to the provisions and implementing rules and regulations (IRR) of
Republic Act No. 9184, otherwise known as “Government Procurement
Reform Act”, as amended.

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

Page 71


1914

1915

1916
1917
1918
1919
1920

1921
1922
1923

1924
1925

1926
1927

1928
1929

1930
1931
1932

1933
1934

1935
1936
1937
1938

CHAPTER XIX

PROHIBITED ACTS AND PENALTIES

SEC. 66. Prohibited Acts. - Any public official, private person, group or
corporation who commits any of the following prohibited acts shall be liable

and be subjected to the criminal and administrative penalties as provided for
in Section 67 of this Act, without prejudice to the imposition of other criminal,
civil and administrative liabilities under existing laws.

(a) Prohibited Acts of Public Officials — The following acts, if committed
by public officials without justifiable cause, shall be considered as

gross neglect of duty’

(1)

(2)

(3)

(4)

(5)

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

Failure to create a functional LDR office within six (6) months

from the approval of this Act;

Failure to appoint a permanent local disaster resilience officer
with in six (6) months from the approval of this Act;

Failure to prepare and implement a Contingency and
Adaption Plan for hazards frequently occurring within their

jurisdictions; and

Failure to formulate and implement the LDRP with the

corresponding budget allocation.

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

Page 72


1939
1940

1941
1942
1943

1944
1945,
1946
1947

1948
1949
1950

1951
1952
1953
1954

1955
1956
1957

1958
1959

1960
1961
1962

1963
1964
1965

(b)

Prohibited Acts of Public Officials and Private Persons or

Institutions—

q)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

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

or spoilage;

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

circumstances;

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

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

Buying, for consumption or resale, from disaster affected
persons, relief goods, equipment or other aid commodities
received by them;

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

Forcibly seizing relief goods, equipment, or other aid
commodities intended for or consigned to a specific group of

victims or relief agency;

Diverting or misdelivery of relief goods, equipment, or other
aid commodities to persons other than the rightful recipient or

consignee;

Page 73


1966
1967
1968

1969
1970

1971
1972
1973
1974

1975
1976
1977
1978
1979

1980
1981
1982
1983
1984

1985
1986
1987

1988
1989
1990

(9)

(10)

(11)

(12)

Accepting, possessing, using or disposing relief goods,
equipment or other aid commodities not intended for nor
consigned to them;

Misrepresenting the source of relief goods, equipment, or
other aid commodities by;

(i)

(ii)

(iii)

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;

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

Making a false verbal claim that the goods, equipment
or other aid commodities in their untampered original
containers actually came from another agency or
persons or was released upon the instance of
particular agency or persons:

Substituting or replacing relief goods, equipment, or other aid

commodities with the same items or of inferior/cheaper

quality:

Illegal solicitations by persons or organizations representing

others as defined in the standards and guidelines set by the
NDRC;

Page 74


1991
1992
1993

1994
1995

1996
1997

1998
1999

2000
2001

2002
2003
2004

2005
2006
2007

2008
2009
2010
2011
2012
2013
2014
2015

2016
2017

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

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

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

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

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

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

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

(a)

(b)

Imprisonment of not less than twelve (12) years but not more than
fifteen (15) years or a fine of not less than One million pesos
(P1,000,000.00) but not more than Three million pesos
(P3,000,000.00), or both imprisonment and fine at the discretion of
the court, shall be imposed upon any person found guilty of violating
subsections (b)(1) to (b)(16), as well as the confiscation or forfeiture
in favor of the government of the objects and the instrumentalities
used in the commission of the prohibited acts;

Imprisonment of not less than six (6) years but not more than eight
(8) years or a fine of not less than Five hundred thousand pesos

Page 75


2018
2019
2020
2021
2022

2023
2024
2025
2026
2027
2028
2029

2030
2031
2032
2033
2034

2035
2036
2037
2038
2039
2040
2041
2042
2043

2044
2045
2046

(e)

(fy

(P500,000.00) but not more than One million pesos (P1,000,000.00),
or both imprisonment and fine at the discretion of the court, shall be
imposed upon any person who attempts to commit any of the
prohibited acts in the preceding section, violation of subsection
(b)(17) thereof,

Imprisonment of not less that two (2) years but now more that six (6)
years or a fine of not less than Two hundred thousand pesos
(P200,000.00) but not more that Five hundred thousand pesos
(P500,000.00), or both imprisonment and fine at the discretion of the
court, shall be imposed upon any person found guilty of unlawfully
benefiting from the proceeds or fruits of any of the prohibited acts in
the preceding section, in violation of subsection (b)(18) thereof:

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

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

Payment of the full cost of repair or replacement of the government
risk reduction and preparedness equipment, accessories and other
vital facility or items, or any part thereof, which is the object of the

Page 76


2047
2048

2049
2050
2051
2052
2053

2054

2055

2056
2057
2058
2059
2060
2061

2062
2063
2064
2065

2066
2067
2068
2069
2070
2071
2072
2073
2074

crime shall likewise be imposed upon any person who shall commit
any of the prohibited acts in the preceding section; and

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

applicable administrative or civil liabilities.
CHAPTER XX
APPROPRIATIONS.

SEC. 68. Appropriation. - (a) The amount needed for the initial
implementation of this Act shall be taken from the current fiscal year’s
unexpected appropriation of all agencies herein absorbed , transferred, and
attached to the Department. Thereafter, the amount needed for the
operation and maintenance of the Department shall be included in the

General Appropriations Act.

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

specific laws.

(c) Local Disaster Resilience Fund (LDRF). Not less than seven percent
(7%) of the estimated revenue from regular sources shall be set aside as
the LDRF to support disaster risk and vulnerability reduction and climate
change adaption and mitigation programs, projects and activities. The
LDRC shall monitor and evaluate the use and disbursement of the LDRF
based on the LDRP as incorporated in the local development plans and
annual work and financial plan. Upon the recommendation of the LDRO.
and approval of the sangunian concerned, the LDRC may transfer the said
fund to support the disaster risk and vulnerability reduction and climate

Page 77


2075
2076

2077
2078
2079
2080
2081
2082

2083
2084
2085
2086
2087
2088
2089
2090

2091
2092
2093
2094
2095
2096
2097

2098
2099
2100
2101

change adaptation work and initiatives of other LDRCs that are declared

under a state of calamity.

(1)

(2)

(3)

(4)

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

emergencies, may be normalized as quickly as possible.

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

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

All departments/agencies and LGUs that are allocated with LDRF
shall submit to the Department their monthly statements on the
utilization of LDRF and make an accounting thereof in accordance

with existing accounting and auditing rules.

Page 78


2102
2103
2104
2105
2106
2107
2108

2109
2110
2a
2412
2113
2114

211s
2116
2417

2118
2119
2120
2121
2122
2123
2124
2125
2126

2127

2128

2129

(5)

(d)

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

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

other social services to be identified by the local sanggunian

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

Prevention, Mitigation and Preparedness Fund for third (3) to sixth

(6") class provinces and municipalities. There shall be in the annual

General Appropriations Act an amount allotted solely for the use of the third
(3) to sixth (6) class provinces and municipalities for the purpose of
augmenting their LDRF with respect to plans, programs, projects, and

procurement for climate change adaptation, disaster risk prevention,

mitigation, and preparedness. The requirements to avail of this fund shall

be laid down in the rules and regulations to be promulgated by the

Secretary

CHAPTER XX

FINAL PROVISIONS

Sec. 69. Transfer and Attachment.

Page 79


2130
2131
2132
2133
2134
2135,
2136
2137

2138
2139
2140
2141

2142
2143
2144

2145
2146
2147

2148

2149
2150

2151
2152

2153
2154
2155

(a)

(b)

(c)

(d)

(e)

The applicable powers, functions, funds, and appropriations of the
Office of Civil Defense (OCD) and the Climate Change Office
(CCO), Geo-Hazard Assessment and Engineering Geology Section
of the Mines and Geosciences Bureau (MGB), Health and
Emergency Management Bureau of the Department of Health
(DOH), the Disaster Response Assistance and Management Bureau
(DREAMB) of the DSWD, and the Bureau of Fire Protection are
hereby transferred to the Department.

The disaster risk reduction and management functions, assets and
personnel of the Office of Civil Defense [OCD] currently under the
DND, are hereby transferred to the Department, and the civil
defense functions shall remain with the DND;

The existing organizational and administrative systems and
processes of the transferred OCD shall serve as the core
organization of the Department.

The Climate Change Office of the Climate Change Commission shall
continue its functions under Republic Act No. 10174 under the
Department.

The following agencies are hereby attached to the Department:

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

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

The employees of the Bureau of Fire Protection (BFP) shall remain
as a distinct entity within the Department including their uniformed
personnel status and benefits.

Page 80


2156
2157
2158
2159
2160
2161
2162
2163

2164
2165
2166
2167
2168
2169
2170

2171

2172
2173
2174
2175
2176

2177

2178

2179
2180
2181
2182

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

other pertinent laws, rules, and regulations.

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

issuances.

SEC. 71. Magna Carta for DDR Personnel. — Qualified employees of the
DDR, LGU'’s and its attached units shall be covered by Republic Act No.
8439, known as the “Magna Carta for Scientists, Engineers, Researchers
and Other S & T Personnel in the Government”, and Republic Act No.
7305, otherwise known as the “Magna Carta of Public Health Workers”.

CHAPTER XXII
MISCELLANEOUS PROVISIONS

SEC. 72. Implementing Rules and Regulations. - The Department, in
consultation with concerned stakeholders, shall issue the necessary rules
and regulations for the effective implementation of this Act within ninety [90]
days from the effectivity of this Act.

Page 81


2183
2184
2185
2186
2187
2188
2189
2190
2191
2192
2193
2194

2195
2196
2197
2198
2199

2200
2201
2202

2203
2204
2205

2206
2207

2208
2209

SEC. 73. Congressional Oversight Committee. — There shall be created a
Congressional Oversight Committee on Climate Change and Disaster
Resilience to monitor and oversee the implementation of the provisions of
this Act. The Committee shall be composed of six [6] members from the
Senate and six [6] members from the House of Representatives with the
Chairpersons of the Committees on National Defense and Security of both
the Senate and the House of Representatives as joint Chairpersons of this
Committee. The five (5) other members from each Chamber are to be
designated by the Senate President and the Speaker of the House of
Representatives, respectively. The minority shall be entitled to pro rata
representation but shall have at least two (2) representatives from each
Chamber.

SEC. 74. Review. — Five (5) years after the effectivity of this Act, or as the
need arises, the Congressional Oversight Committee shall conduct a
systematic evaluation of the accomplishments and impact of this Act, as
well the performance and organizational structure of its implementing
agencies, for purposes of determining remedial legislation.

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

SEC. 76. Repealing Clause. - (a) Republic Act No. 10121, otherwise
known as the “Philippine Disaster Risk Reduction and Management Act of
2010," is hereby repealed

(b) The following provisions are hereby amended or modified,

accordingly’

(1) Section 30 of Executive Order No. 128, Series of 1987,
Reorganizing the National Science and Technology Authority;

Page 82


2210
2211
2212

2213
2214
2215

2216
2217

2218
2219

2220
2221
2222
2223

2224
2225

2226

(2) Section 6 of Republic Act 6975, otherwise known as the
“Department of the Interior and Local Government Act of
1990";

(3) Section 3(d) and 5 of Republic Act No. 9729, otherwise
known as the “Climate Change Act of 2009”, as amended by
Republic Act No. 10174;

(4) Section 4 of Republic Act No. 10639, otherwise known as
“The Free Mobile Disaster Alerts Act”; and

(5) Section 5 of Republic Act No. 10692, otherwise known as
“The PAGASA Modernization Act of 2015”.

(c) All other laws, decrees, executive orders and issuances,
proclamations, rules and regulations, and other issuances or parts thereof
that are inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

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

Approved,

Page 83