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

SEVENTEENTH CONGRESS
Third Regular Session

House Bil No._ 7968

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

EXPLANATORY NOTE

The Philippines is one of the countries often visited by strong typhoons.
‘Around nineteen tropical storms enter the Philippine area of responsibility in a
pe gear of these, ee Se Sinema tron Nene Seeaters

magnitude and frequency, such as typhoon Haiyan, have
SHEN See which is now the second most vuinerable in
the world to disasters and climate change. Nearly 74 percent of the population
‘and 80 percent of the land area are identified as vulnerable to disasters, with
the capital of Manila considered at “extreme risk.” This “new normal” requires
‘a more focused and in-depth attention in the way we understand, prepare and
respond to natural disasters.

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

In light of this, it is high time that we create a truly empowered
department that will focus on natural hazards and disasters; and
characterized by unity of command, a science-and ICT-based approach, and
the wherewithal to take charge of three (3) key result areas: (a) disaster risk
reduction; (b) disaster preparedness and response; and (c) recovery,

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


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

are as follows:

‘@. Unity of command. The overall powers and functions to lead the
country’s disaster resilience efforts, both at the policy and execution
stages, will be placed under the Department. Thus, the Climate
earn comment et ay Pele ea ECL will be
abolished. The Department shall be authorized to call upon relevant
government agencies and facilitate the assistance of non-government
and private organizations, especially in emergency cases. The bill also
defines the levels of responsibility for disaster preparedness and
response between the national and local governments.

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

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

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

e. Fast and responsive procurement. The Department shall
institutionalize innovative and responsive procurement mechanisms,
contracts, it

ensure the country's resilience to natural hazards and disasters.

f, Seience- and ICT-based approach. The Department shall develop
mechanisms to ensure the inter- operability of systems among relevant


scientists, environmental and/or urban planners, civil engineers, and
Public finance specialists.

establish partnerships with stakeholders in order to attain the goals and
objectives of the Department.

new Department of Disaster Resilience will effectively improve the
Fe ny anno cnc ogres yarn rag
management, reduce the vulnerabilities surrounding the affected local
population as well as build the resilience of local communities to both natural
and man-made disasters and calamities. Given its exposure to disaster risk,

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

With the lives, safety and the welfare of our people », the
passage of this bill is eamestly sought.

Rep. YEDDA EZ


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

CONGRESS
Third Regular Session

House Bil No.__ 7968

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

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

Be meio by Se Senet apc ee Hoeme of th Ricraseriaties of
the Philippines in Congress assembled:

Article |
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the “Disaster
Resilience Act of 2018".

Section 2. Declaration of Policy. It shall be the policy of the State to:

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

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

2.3. Establish a strong and empowered institution capable of

resilience and disaster management;


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

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

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

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

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

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

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

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

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

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

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

3.7. "Bureau of Customs (BOC)” - a revenue collection agency under
the Department of Finance mandated under Section 602 of Republic Act No.

si


1937, also known as the Tariff and Customs Code of the Philippines, to: (a)
Prevent smuggling and other frauds; (b) control vessels/aircrafts doing foreign
trade; (c) enforce tariff and customs laws; (d) contro! the handling of foreign
mails for revenues and prevention purposes; (e) control import and export
‘cargoes; and (f) exercise jurisdiction over forfeiture and seizure cases.

3.8. “Bureau of intemal Revenue (BIR)" - a revenue collection agency
mandated under Republic Act No. 8424, as amended, to assess and collect
all national internal revenue taxes, fees, and charges and to enforce all
forfeitures, penalties, and fines connected therewith, including the execution
of judgments in all cases.

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

3.10. “Capacity” - the combination of attributes and/or resources
available within a community or area that can reduce the level of risk(s) from,
or impact(s) of, a disaster.

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

3.12. “Climate Change” - a change in the state of the climate that can
be identified by changes in the mean and/or the variability of its properties,
and that persists in an extended period, typically decades or longer, whether
composition of the atmosphere or in land use.

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

3.14. “Contingency Planning” - a management process that analyses

effective and appropriate responses to such events and situations.
3.15. “Commission on Audit (COA)” - an independent constitutional
established under Article IX-D of 1987 Constitution tasked to,
among others, examine, audit, and settle all accounts and expenditures of

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funds and properties of the Philippine government in order to prevent the
irregular use of government funds or properties.

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

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

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

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

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

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

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

3.24. “Disaster” - a serious disruption of the functioning of a
‘community or a society involving widespread human, material, economic or
environmental losses and impacts, which exceeds the ability of the affected
‘community to cope using its own resources. Unless otherwise specifically
indicated in this Act, the term “disaster” shall refer to “natural disaster”.


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

“3

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

3.27. ‘Disaster management” - the planning,
septosicn (cl moesiroaT reper ix mei aprieese ts
disasters.

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

3.29. “Disaster preparedness" - the knowledge and capacities
developed by governments, professional response and recovery
organizations, communities and individuals to effectively anticipate, respond
to, and recover from, the impacts of likely, imminent or current disasters and
related hazards.

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

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

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

3.33. “Disaster recovery” - restoration or improvement of livelihoods
and health, as well as economic, physical, social, cultural and environmental

better” to avoid or reduce future disaster risk.


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

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

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

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

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

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

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

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

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

manifested as a coastal water-related hazard.


3.44. “Goverment Procurement Policy Board (GPPB)" - an

inter- agency body, established in accordance with Article X of

Republic Act No 9184, otherwise known as the Government Procurement

Reform Act, tasked to, among others, protect the national interest in all
matters affecting public procurement.

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

3.46. “Hazard"- a phenomenon, substance, human activity or condition
that may cause loss of life, injury or impacts to health; social and economic
disruption, environmental damage, or loss of/disruption to property, livelihood
and/or services.

3.47. “Historical landmarks" - sites or structures that are associated
with events or achievements significant to Philippine history as declared by
the National Historical institute or the applicable agency.

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

3.49. “Humanitarian assistance” - financial, material or other similar
forms of assistance to address the immediate needs of people affected by a
natural disaster.

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

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

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


3.53. “Land-Use Planning” - the process undertaken by public

and the subsequent formulation and promulgation of plans that describe the
permitted or acceptable uses.

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

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

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

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

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

3.59. “National Disaster Resilience Framework (NDRF)" - a framework

mitigate against, absorb, accommodate, adapt to, recover, or build back better
from the effects of a hazard in a timely and efficient manner through, among
others, disaster risk reduction and management and climate change
adaptation and mitigation. The NDAF shall be composed of a National
Disaster Risk Reduction and Management Framework, and National
Framework Strategy on Climate Change.

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

3.61. “Natural disasters” - disasters predominantly associated with
and/or caused by natural processes and/or phenomena, such as those related
to geology (ie., earthquakes, ground rupture, liquefaction, landslides,
tsunamis, sinkholes, volcanic activity); hydrology and meteorology (i.e.,
floods, severe winds, typhoons, storm surges); and climatological variability
(ie, extreme temperatures, Ei Nifio, La Nifia, forest fires).

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

3.63. “Post-Disaster Recovery" - the restoration improvement where
appropriate, of facilities, livelihood and living conditions, of disaster-affected
communities, including efforts to reduce disaster risk factors, in accordance
with the principles of “build back better”.

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

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

8.66. “Public Sector Employees” - all persons in the civil service.

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

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

3.69. “Response” - any concerted effort by two (2) or more agencies,

those people affected and in the restoration of essential public activities and
facilities

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

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

3.72. “Risk Assessment” - a methodology to determine the nature and
extent of risk by analyzing potential hazards and evaluating existing
harm

frequency and probability; the analysis of exposure and vulnerability including
the physical, social, health, economic, and environmental dimensions; and the
evaluation of the effectiveness of prevailing and alternative coping capacities
in respect to likely risk scenarios.

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

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

3.75. “State of Calamity” - a condition involving mass casualty and/or
major damages to property, disruption of means of livelihoods, roads and

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wav snewne

normal way of life of people in the affected areas as a result of the occurrence
of natural or human-induced hazard.

3.76. “Sustainable Development” - development that meets the needs
of the present without compromising the ability of the future generations to
meet their own needs. It contains within it two (2) key concepts: first, the
concept of “needs”, in particular, the essential needs of the world’s poor, to
which overriding priority should be given: and second, the idea of limitations
imposed by the state of technology and social cohesion and harmony, and

that human development now and through future generations is a life-
‘enhancing process.

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

3.78. “Vulnerability” - the characteristics and circumstances of a
‘community, system or asset that make it susceptible to the damaging effects
of a hazard. Vulnerability may arise from various physical, social, economic,
and environmental factors such as poor design and construction of buildings,
inadequate protection of assets, lack of public information and awareness,
limited official recognition of risks and preparedness measures, and disregard
for wise environmental management.

3.79. “Vulnerable and Marginalized Groups” — those that face higher
exposure to disaster risk and poverty including, but not limited to, women,
children, elderly, differently-abled people, and ethnic minorities.

Article I
THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS

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

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

4


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

5.1. Geological Phenomena and Related Hazards
a. Earthquake — ground rupture, ground shaking, liquefaction,
tsunami, fire, and landslides
b. Volcanic activity — ash fall, pyroclastic flow, lava flow, lahar,
fissuring, volcanic gas, and seiche (lake water oscillation)
¢. Mass movement — landslides, debris flow, sinkholes

5.2. Hydrological and Meteorological Phenomena and Related Hazards
a. Tropical cycione — severe winds, storm surge, hail
b. Flood
¢. Erosion

5.3. Climatological Variability
a. EINifio
b. Extreme temperatures
c. LaNifia
d. d. Solar radiation

The Department shall manage and direct the implementation of
national, local, and community-based disaster resilience and disaster
management programs in collaboration with relevant national government
agencies, LGUs, CSOs, and other stakeholders, as applicable.

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

6.1. Overall Functions

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

b. Review and build upon, to the extent necessary, the existing
disaster resilience framework, plans and strategies in the

and implementation of the NDRPIP into LDRPs;

. Facilitate the availability of highly-competent DAR
professionals at all levels and prescribe benefits, allowances,
and similar emoluments for DAR professionals, as it may
deem fit;

e. Communicate and disseminate critical information to help the

15


pate peer Tee and recover from a disaster;

‘to accomplish the purposes of this Act;

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

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

i. Advise the President on matters concerning disaster
resilience and make recommendations, as appropriate.

6.2. Disaster Risk Reduction

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

b. Develop, maintain and update an integrated disaster
management and disaster resilience information system that

national, regional, and provincial levels;

cc. Develop and implement policies and programs relating to the
construction of new settlements or relocation of settlements
in safe areas which shall, to the extent such policies and
programs relate to disaster risk reduction, mitigation,
prevention or building back better, prevail over policies or
decisions of other government departments, government
agencies, government owned andior controlled corporations,
LGUs, or other government institutions:

4. Develop, in coordination with relevant government agencies,
policies and programs on land-use planning, urban planning
and zoning which shall, to the extent such policies and
programs relate to disaster risk reduction, mitigation,
prevention or building back better, prevail over policies or
decisions of other government departments, government
agencies, government owned and/or controlled corporations,
LGUs, or other government institutions;

e. Establish and/or enhance standards for disaster
preparedness and continuity planning, such as, but not
limited to, infrastructure standards and designs;

{. Collaborate with the Department of Public Works and
Highways (OPWH) and other relevant government agencies
in the conduct of regular audit of buildings and other types of
infrastructure, and require the submission of necessary data,

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information or reports related thereto;
9. pak = fer ema ie
redundancy, governance and business
Contin, and a National Contiuily Poly:
h. Undertake programs and projects to reduce the vulnerability

upgrading, in coordination with the relevant government
agencies;

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

j. Formulate, facilitate and monitor efforts relating to certain
resources or sectors toward addressing the long-term effects
of climate change on sustainable development, such as
water resources, agriculture, forestry, coastal and marine
resources, health, and infrastructure, in coordination with
relevant government agencies;

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

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

6.3. Disaster Preparedness and Response

a. Establish a corps of first responders in partnership with
national and local stakeholders, both public and private;

b. Implement projects and programs that will enhance the
capacity of LGUs to prepare for, and respond to disasters,
giving priority to LGUs with low income and/or those situated

in high-risk areas;
¢. Ensure the efficient prepositioning of goods, maintenance
and disposal of safety stocks;
4. Accredit, monitor and evaluate training institutions on
disaster resilience;

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

{. Undertake the establishment of evacuation centers, in
coordination with the relevant government agencies and/or
LGUs, as applicable;

9. Formulate standards for contingency planning that shall be
adopted by the LGUs;

h. Develop a database of exposure or elements at risk per area

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

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

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

k. Facilitate and regulate the acceptance, inventory, and
accounting of humanitarian assistance, including relief

goods;

|. Maintain a database of volunteers and, when necessary,
mobilize volunteers to augment the personnel complement
and logistical requirements for disaster response and/or for
the delivery of DRM programs, projects and activities;

m. May call upon other instrumentalities or entities of the
government and non-government and civic organizations for
assistance. In terms of the use of their facilities and
resources for the protection and preservation of life and
properties in the whole range of disaster risk reduction and
management. This function includes the power to call on the
reserve force as defined in Republic Act No. 7077 to assist in
relief and rescue during disasters or calamities;

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

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

6.4. Recovery and Building Forward Better

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

b. Establish a system that utilizes templates, exposure
database, and other tools, and develop the Department's in-
house capacity for the prompt and expedient preparation of
eS EE

c BSS oe
LGUs to issue guidelines for fast-tracking the issuance of
permits, certifications, clearances and licenses to implement
disaster recovery and rehabilitation measures, including
housing projects, in affected areas;

4. Prepare and implement rehabilitation plan(s) for disaster
affected areas;


e. Manage and oversee the implementation of disaster
recovery and rehabilitation measures;

f. Collaborate with relevant government agencies to establish
Programs to restore andlor generate livelihood in disaster
affected areas;

g. Formulate policies and standards for post-disaster shelter
recovery which may include, among others, implementation
arrangements, coordination arrangement with relevant
agencies and/or LGUs, and modalities for emergency
transitional and permanent shelter recovery;

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

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

6.5 Other Functions

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

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

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

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

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

Article Ill
ORGANIZATIONAL STRUCTURE

Section 7. Office of the Secretary. The head of the Department shall
have the rank and emoluments of a Cabinet Secretary, and shall be appointed
by the President based on qualifications provided in this Act and its
implementing rules and regulations.

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

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


8.2. Establish policies and standards for the effective, efficient, and
economical operation of the Department;
‘8.3. Manage the financial and human resources of the Department;

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

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

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

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

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

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

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

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

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

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9.3. Recovery and Building Forward Better - to formulate and
implement rehabilitation plans for disaster-affected areas, and to ensure the
implementation of disaster recovery and rehabilitation measures, such as, but
not limited to, post-disaster shelters and livelihood projects, in collaboration
with relevant agencies, LGUs, and other stakeholders.

9.4. Support to Operations - to formulate and implement, among
others, policies, programs and/or projects to ensure the efficient, effective,
and responsive delivery of the Department's key result areas. Support to
Operations covers knowledge management, institutional development and

. finance, office administration, human resources management, and
development of the Department's in-house capacities, among others.

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

‘Section 11. Appointment of Department Officials. No person shall be
appointed Secretary, Undersecretary or Assistant Secretary unless he/she is
a resident and citizen of the Republic of the Philippines, of good moral
character, preferably DRAM specialists, scientists, environmental specialists,
urban planners, civil engineers, public finance specialists, and meets the
qualifications provided for in the implementing rules and regulations.

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

Section 13.

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

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

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

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

The DRATI shall:

14.1. Establish reliable and up-to-date information and communication
systems and technologies through close and seamiess collaboration with the
DOST;

14.2. institutionalize, maintain, and update an integrated disaster
resilience information system (IDRIS), which includes, among others, multi-
hazard mapping, risk assessment, early warming, exposure database,
‘communication and emergency management systems;

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

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

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

14.6. Consolidate, organize and/or prepare training materials and
Publications; and

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

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

22


Section 16. Compliance and Accreditation of DART! with International
Standards. The Department shall strive to obtain certification from, and
accreditation by, international accreditation bodies of the DART! to ensure
DRATI's compliance with international standards. The Department shall
likewise ensure collaboration with key countries and international
organizations to incorporate best practices on disaster resilience in the
Department's policies and programs.

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

Section 18. incentives. The Department has the power to prescribe
benefits, allowances, and similar emoluments for DAR professionals, Local
Disaster Resilience Officers, Provincial Disaster Resilience Officers and
Regional Disaster Resilience Officers.

Article V
NATIONAL AND LOCAL GOVERNMENT RELATIONS

Section 19.

Disaster_Resilience Offices. ie Local DRAM Offices (LDRRMOs) in
provinces, cities, and municipalities shall be retained and renamed as
Provincial, City, and Municipality Disaster Resilience Offices, respectively.
They shall collectively be called Local Disaster Resilience Offices (LDROs).
All LGUs shall establish an LDRO at the provincial, city, and municipal level.
All Local DRRM Councils (LORRMCs) shall be abolished.

‘Section 20. Composition and Organization of LOROs. The LDRO shall

and operations. The organization, composition, functions, and responsibilities
of retained LDRRMOs shall be modified to the extent provided in, and shall
comply with the requirements and standards of, this Act and the IRR for the
establishment, maintenance and operations of LDROs.

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

Section 22. Local Disaster Resilience Officer. The LDRO shall be
headed and managed by a well-qualified and full-time Local Disaster
Resilience Officer with regular plantilla position. The Local Disaster Resilience

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Officer and Staff shall be appointed by the Local Chief Executive subject to
the requirements and endowed with the emoluments and benefits indicated in
the IRR and other applicable laws.

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

23.1. Formulate and implement, in close coordination with the
Department, a ive and integrated LDAP in accordance with the
NDRF and the NDRPIP;

23.2. Design, program, coordinate, and/or implement disaster

guidelines provided by the Department, and implement the NDRF and the
NDAPIP at the city or municipal level;

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

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

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

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

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

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

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23.9. Procure emergency works, goods, and services in compliance
with the regulations, orders, and policies of DBM and GPPB, to implement the
LDRP or support early recovery and post-disaster activities;

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

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

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

23.13. Coordinate with the Department, other agencies,
members of the private sector and other stakeholders in the LGU to establish
a Business Continuity Plan as part of their LDRP's disaster preparedness
measures;

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

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

Section 24. Provincial Disaster Resilience Officer. The Provincial
Disaster Resilience Office (PDRO) shall be headed and managed by a
Provincial Disaster Resilience Officer with regular plantilla position. The
Provincial Disaster Resilience Officer shall be appointed by the Department

for a fixed term pursuant to requirements, terms of office and
‘endowed with the emoluments and benefits indicated in the IRR and other
applicable laws.

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

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

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25.2. Review the LDRPs of cities and/or municipalities within its
jurisdiction, and require the amendment of such LDRPs if necessary, to
‘ensure compliance with the Provincial LDAP and/or the NDRF and NDAPIP;

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

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

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

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

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

25.8. Procure emergency works, goods, and services in compliance
with the regulations, orders, and policies of DBM and GPPB, to implement the
provincial LDAP or support early recovery and post-disaster activities of the
PDRO;

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

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

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warauaewne

25.11. Coordinate and provide the necessary support or assistance to
the Department in the implementation of rehabilitation plan(s) within the cities
and/or municipalities covered by the PDRO; and

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

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

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

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

Section 29. Regional Disaster Resilience Director. Each RDRO and
the MMDRO shall be headed and managed by a Regional Director with
regular plantila position. The Regional Director shall be appointed by the
Department Secretary for a fixed term pursuant to requirements, terms of

27


office and endowed with the emoluments and benefits indicated in the IRR
and other applicable laws.

Section 30. . The
RDROs and MMDRO shall have the following powers and functions:

90.1. Review the LDRPs and Provincial LDRPs of LGUs within its
jurisdiction, and require the amendment of such LDRPs and/or Provincial
LDAPs if necessary, to ensure compliance with the NDRF and NDRPIP;

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

90.3. Recommend to the appropriate sanggunian (at the city, municipal
oF provincial level) the enactment of local ordinances to implement the LORP,
NDRF and NDAPIP at the city, municipal or provincial level, and to comply
with other requirements of this Act;

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

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

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

30.7. Provide, upon the request of LGUs or unilaterally at its own
discretion, assistance to LGU(s) within its jurisdiction as necessary to ensure
the implementation of LDAPs/Provincial LDAPs, NDAF and NDAPIP, and to
render efficient and timely disaster preparedness, response and recovery
measures;

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

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

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

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30.11. Establish and maintain, in coordination with the Department, a
Regional Command and Control Center (RCC) which includes, among others,
an information management system at the regional level which consolidates
and integrates information from the provinces, cities and municipalities within
its jurisdiction, a multi-hazard early warning and communications system, and
‘@ monitoring system that enables the RDRO to oversee, supervise, monitor
‘and respond to the needs of LGUs within its jurisdiction in relation to disaster
resilience activities; Implement or assist in the implementation, as directed by
the Department, of rehabilitation plan(s) for LGUs within its coverage; and

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

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

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

Levels of
Peas Responsible Officials Conditions

Level 1 —City or Mayor of the City / Ifa disaster affects a
Municipality Municipality (Lead) single municipality / city

Local Disaster
Resilience Office

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

Level 2 — Province ‘Governor (Lead) Wa disaster affects two
‘or more municipalities /
Provincial Disaster cities

Resilience Office

Applicable Local
Disaster Resilience
Offices

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(in the case of ARMM:
Provincial

‘Governor and

‘ARMM Local Disaster

Resilience Office/s)
Level 3— Region Regional Director of the | If a disaster affects two

Regional Disaster ‘or more municipalities /

Resilience Office cities

(RDRO) (Lead)
Level 4 — National Secretary of the a When astate of

Department of Disaster calamity is declared
During a state of Resilience (Lead) by the President
calamity in any area(s) b. Ifadisaster affects
or affecting several Governors of the at least two (2)
regions affected Provinces.

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

d. When the local chief
executive or, in
his mer absence or
incapacity, the next
high-ranking official,
directly requests the
Department to take



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e. When the President
directs a Level 4
response.

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

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

Article VI
INSTITUTIONAL ARRANGEMENTS:

CSOs, the academe, and the private sector, in relation to disaster resilience
Programs and projects, and the development and promotion of education and
training mechanisms with relevant stakeholders.

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

Section 36. Est on 1e
Coordination Unit. The Department, Gita toasiecett Oho eat
government agencies and stakeholders, shall establish a Non-Government
Stakeholders Coordination Unit (NSCU) 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 coordination in disaster resilience,
including, but not limited to, the following:

36.1 Establishment and implementation of business continuity
practices to ensure the continued delivery of products and services in the
event of a natural disaster;

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

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

36.4. Facilitation or assistance in obtaining or processing incentives for
the private sector or other non-government stakeholders, such as but not
limited to tax credits; and

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

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

Section 37. Disaster Resilience Assembly. The Department, with the
assistance of the RDROs, shall establish and convene a Disaster Resilience
‘Assembly, at the regional and national level, which will be held on a quarterly
basis to ensure the proactive engagement of different stakeholders, such as,
but not limited to, government agencies, the Union of Local Authorities of the

coordination and collaboration towards achieving the goals of this Act.

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

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

39.1. Climate Change Commission (CCC);
39.2. Natural disaster-related functions of the National Disaster Risk

Reduction and Management Council (NDRRMC) and Office of Civil Defense
(OCD); and

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

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

Section 40. Transfer of Resources. The transfer of powers and
functions of agencies listed in Section 45 shall include the corresponding
funds and appropriations, plantilla positions, records, equipment, facilities,
and properties of such agencies, subject to the power of the Department to
reorganize or reallocate the resources and positions from such agencies, as
may be necessary to attain the objectives of this Act.

Section 41. Program Management Office for the Earthquake
Resiliency of the Greater Metro Manila Area The Program Management
Office for the Earthquake Resiliency of the Greater Metro Manila Area (PMO-
ERG), as created pursuant to Executive Order no. 981 52, s. 2018, shall be
attached to the Department and be given implementation powers, as provided
in this Act's IRR.

Section 42. Separation of Benefits of Officials and Employees of
Affected Agencies. National government employees displaced or separated
from service as a result of this Act shall be entitled to either separation pay
and other benefits in accordance with existing laws, rules, or regulations, or
be entitled to avail themselves of the privileges provided under a separation
plan which shall be one and one-half month salary for every year of service in
the government; provided, however, that those who avail themselves of such
privileges shall start their government service anew if absorbed by the
Department. In no case shall there be any diminution of benefits under the
separation plan until the full implementation of this Act. Displaced or
separated personnel as a result of the implementation of this Act, if qualified,
shall be given preference in the hiring of the manpower requirements of the
Department. With respect to employees who are not retained by the
Department, the government, through the Department of Labor and
Employment, shall endeavor to implement training, job counseling, and job
placement programs.

Article Vil
DECLARATION OF STATE OF CALAMITY

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

33


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

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

44.2. The occurrence causes imminent threat to life and/or danger to
Property;

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

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

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

45.2. Monitoring, prevention and control by the Local Price

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

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

Section 46. Emergency Measures. To ensure public safety and
welfare due to impending hazards and actual occurrence of disasters, the

Department may implement the following measures:
46.1. Ration the distribution of basic goods in critical shortage, and/or

restrict or ban the transfer of such goods outside the area covered by the
‘emergency measure;

46.2. Temporarily take over or direct the operation of any private utility
or business for urgent public purpose in anticipation of, during, and in the
aftermath of emergencies, hazards, and disasters and only when there is

34


imminent danger of loss of lives and/or damage to property, subject to
payment of just compensation; and

46.3. With the concurrence of the DOF, recommend to the Monetary
Board the deferment of payment for monetary debts of LGUs and/or private
entities which have been affected by disasters.

Article Vill
FUNDS AND RESOURCES

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

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

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

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

ih ewe, ema prs oes ees oy i eet
finance its operations, and disaster risk reduction, disaster preparedness,
response, recovery, rehabilitation and building forward better programs,
projects and activities formulated at the national level. Subject to Section 32 of
this Act, expenses for projects, programs or activities at the local level shalll be
‘governed by Section 31 of this Act.

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

35


‘Section 49. Fund Regulations. The DBM and COA shall establish rules

are available and/or released efficiently and expeditiously through innovative
budgeting and auditing mechanisms, which may include, among others,
providing for longer validity periods for funds and/or exemption from cash-
based budgeting rules; imposing auditing or reporting requirements which
apply specifically to the utilization of the Disaster Resilience Fund.

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

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

‘52. Financial Administration. The Department shall manage all
Aaslaeceriojunsd Gay Coaoeen en Doeiel ten cole eta The
Department shall also manage all donations received by it, subject to the
auditing powers of the COA.

To fund its operations, the Department shall have the power to collect
fees derived from the DRAT! and other related activities.

Section 53. Donations Management. The Department shall have the
power to receive and manage donations from any person or entity, whether
from local or international sources.

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

Section 54. Regulation of Donations. The Department shall establish
and operate a platform, including an online platform, to facilitate, monitor, and
provide public access to information on donations. To ensure complete
accounting and reporting of donations, the Department shall formulate and

36


issue rules and guidelines for the receipt, management and accounting of
donations, which are consistent with the rules on the use of foreign and local
aid during calamities and disasters issued by COA and other relevant
government agencies.

‘SPECIAL RULES ON BORROWING,
TAXES, ECO-ZONES AND PROCUREMENT

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

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

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

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

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

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

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

‘Section 58. Economic Recovery and Development of Disaster-Prone
‘Areas. (a) The Department, in coordination with the Department of Trade and

37


Industry (DTI) and other relevant agencies, shall create and provide policies,

activities in affected or disaster-prone areas.

(b) The Department, in the collaboration with the relevant LGUs and

stakeholders, shall likewise establish dual purpose structures in disaster
affected areas, such as, among others, community agricultural centers,
classrooms, and water harvesting tanks to develop and promote investments
in affected or disaster-prone areas.

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

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

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

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

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

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

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

2. Shred or pe-eranged contracts such a ong ches, pre-
contracts shall be defined in this Act's IRA.

38


Section 61. Special Rules on Procurement for Reconstruction and
Rehabilitation of Affected Areas. (a) The Department, with the assistance of,
or in collaboration with, relevant government agencies, shall create special
rules on procurement for services, goods, and materials to be used for
reconstruction and rehabilitation efforts in case of a natural disaster, including
but not limited to, the construction of post-disaster shelters and provision of
service contracts, to ensure the procurement of quality-oriented goods,
materials, and equipment and to guarantee effective, efficient, and speedy
procurement to achieve the goals of this Act.

(b) In case of procurement of services, goods, or materials for

and rehabilitation efforts, whether from local or international

‘sources, the Department and the relevant government agencies (such as the

DBM, GPPB, COA, BIR, BOC, as applicable) shall provide less bureaucratic

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

of implementing projects, programs and activities related to disaster resilience
and disaster management. The conditions, limitations, application processes,
eligibility requirements and assessment criteria for local and foreign suppliers
and contractors shall be provided in this Act's IRR.

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

shall be provided in this Act's IRR.

Section 64. Other Procurement Rules and Policies. In view of the
urgency to procure goods, services, and implement projects for the purpose of
providing responsive, effective, and efficient rescue, recovery, relief, and/or
rehabilitation efforts for, and to continue the provision of basic services to,
disaster victims or disaster affected areas, the DBM and GPPB shall issue

39


Fesolutions, orders, and policies which are tailor-fit to promote and not delay
the attainment of the goals of disaster management and resilience.

’ nt
shell review, align, endir eave polcies or rues to Improve the efficiency and
expediency of procurement and audit processes for programs and projects
related to disaster resilience and management.

Article X
DISASTER RISK TRANSER AND INSURANCE

Section 66. Disaster Risk Transfer and Insurance. The Department, in
collaboration with the DOF and Insurance Commission, shall create,
establish, and implement, among others, disaster insurance pools, revolving
funds, insurance and risk-ransfer schemes and/or facilities, and other
financial disaster resilience measures to ensure the protection of public and/or
private properties and livelihood against the adverse effects of natural
disasters. For this purpose, the Department and/or DOF may engage or
require the participation of government banks, insurance agencies and
financial institutions.

Section 67. Mandated Insurance Coverage. To attain disaster
resilience and achieve the purposes of this Act, the Department shall have the
discretion and authority to require government agencies, government-owned
and controlled corporations (GOCCs), or LGUs to insure their assets and/or
Properties (such as, among others, vessels, vehicles, equipment,
machineries, permanent buildings, properties stored therein, or properties in
transit) against insurable risks and pay the premiums therefor, to compensate
the Government, GOCC or LGU, as applicable, for any damage to, or loss of,
properties due to a natural disaster.

Article XI
YOUTH ASSISTANCE
Section 68. Civic Society and Youth Organizations. The Department,
with the assistance of the National Youth Commission (NYC), shall create
policies, projects, and programs that address the special needs of the youth

for disaster preparedness and management which shall include, among
others:

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

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

40


68.3. Mobilizing youth organizations;

68.4. Encouraging the participation of the youth, through the barangay
youth representative and the Sangguniang Kabataan (SK) to participate in
disaster resilience and disaster management activities.

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

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

Section 70.

The Department shall establish and
implement a comprehensive emergency program to provide emergency relief
and protection to children, and pregnant and lactating mothers in the event of
a natural disaster.

Article Xi
PROHIBITED ACTS AND PENALTIES

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

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

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

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

. Failure to expeditiously act on reported violations;

41


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

. Failure to prepare and implement an LORP or PORP, as applicable
or a contingency plan for hazards frequently occurring within their
jurisdiction.

71.2 Prohibited Acts of Public Officials and Private Persons or

Institutions.

a. Delaying without justifiable cause in the delivery, or improper
handling or storage of, aid commodities, resulting to damage or
spoilage;

b. Withholding the distribution of 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/experts;

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

. Buying, for consumption or resale, from the recipient disaster
affected persons any 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;

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

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

Accepting, possessing, using or disposing relief goods, equipment

or other aid commodities not intended for nor consigned to him or
her;

42


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

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

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

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

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

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

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

n. Tampering with or stealing hazard monitoring and disaster
Preparedness equipment and paraphernalia.

(b) Any individual, corporation, partnership, association or other juridical entity
that commits any of the prohibited acts in the preceding paragraph shall be
made liable for the following:

a. A fine of not less than one hundred thousand pesos (PhP
100,000.00) or not to exceed five hundred thousand pesos (PhP
500,000.00), or imprisonment of not less than six (6) months and
one (1) day nor more than twelve (12) years, or both, at the
discretion of the court, including perpetual disqualification from
public office if the offender is a public officer, and confiscation or
forfeiture in favor of the government of the objects and the
instrumentalities used in committing any of herein prohibited acts.

43


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

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

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

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

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

Article Xilt
‘SPECIAL COURTS AND INJUNCTIONS

Section 74. Special Courts on Disaster Resilience Matters. (a) To
ensure the prompt and expeditious resolution of disputes relating to disaster
response, recovery or rehabilitation measures, the Supreme Court shall
sccebiich’ spacial courts Sol beat, ‘ry, and decide cases arising from the
following, among others:

a4


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

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

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

74.4, Failure to comply with standards for disaster preparedness and
ee eee ean

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

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

74.7. Commission of prohibited acts under Article Xl of this Act;

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

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

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

75.1. Accreditation or denial of accreditation of disaster resilience

75.2. Decisions of the RDROs;

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

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

45


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

‘Section 80. Special Prosecutors. The Ombudsman shall designate
special prosecutors to handle and prosecute violations of this Act involving
public officials and employees.

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

Article XIV
MISCELLANEOUS PROVISIONS

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

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

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

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

(c) In ancestral domains which are disaster-prone, the Department,
with the assistance of the NCIP and applicable LGUs, shall create an

46


Ancestral Domain Disaster Management and Resiliency Plan. It shall likewise
properly communicate and explain information on disaster risks in ancestral
domains with the concerned ICCs/IPs and, as much as possible, engage such
ICCs/Ps in jointly formulating a disaster resiliency plan for their ancestral
domain.

Section 85. Livelihood. The Department, with the assistance of the
relevant government agencies, such as but not limited to, the DTI and
Department

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

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

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

the abolition of the agencies as specified in Section 39 of this Act, the
Department, in coordination with the DBM, shall evaluate, abolish old and/or
create new positions.

Section 89. Implementing Rules and Regulations. The Department,
DBM, DOF, DILG, and PMS shail issue, within ninety (90) days from the
effectivity of this Act, the necessary rules and regulations (IRR) for the
effective implementation of this Act. They may call upon other relevant
government agencies as well as civil society organizations to assist in the
crafting of the IRR.

a7


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

provisions of this Act, are hereby repealed or amended.

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

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