Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTII CONGRESS
Second Regular Session
HouseBi||No.1_±13
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INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
|OCELYN P. TULFO, AND ERWIN T. TULFO
AN ACT CREATING THE DEPARTMENT OF DISASTER RESILIENCE,
DEFINING ITS MANDATE, POWERS AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
HavingbeengeographicallysituatedalongthePacificTyphoonBeltandinthe
Pacific  Ring  of Fire,  the Philippines  is  prone  to natural  disasters  and  calamities.
Majority  of the country's total  land  area and  nearly  three fourths  of the  Filipino
population are vulnerable to multiple hazards, such as typhoons, earthquakes, floods,
storm surges, tsunamis, volcanic eruptions, and landslides.
In the past three  decades,  natural disasters have  negatively  impacted  120
million people and resulted in 33,000 deaths. According to World Risk Index 2020
which serves to assess risk and vulnerability on a global scale, the Philippines ranks
ninth in terms of disaster risk and second highest among Asian countries.1
The financial aftermath of disasters is a massive burden on peoples' security
and well-being, and on national, local, and household budgets. Local governments
and communities bear the heaviest brunt, repeatedly hitting hardest the poor and
most vulnerable.2
Itbecomesimperativethentofostercollaborationamongstakeholders,employ
innovative  approaches,  and  invest in robust  disaster  risk  governance  systems  to
bolster the Philippines' resilience against future calamities. There is also a need for a
comprehensiveandcoordinatedapproachtodisasterriskgovemance,withafocuson
1 ``Strengthening the Philippines'  Post-disaster Financial Resilience through Support at the National
and                             Local                            Levels" ,                             T7{c                            WorzcJ                             Barik,
https://www.worldbank.org/en/news/feature/2022/04/05/strengthening-the-philippines-post-
disaster-financial-resiliencerdrmhubtokyo.
2   Wignaraja,   Karmi   and   Ramachandran,   Selva,   ``Rebuilding   Differently   for   Resilience   in   the
Philippines'',   u7tifcd  Naf..orzs   DctJcZop7i!ere£   Progrowmlc,   https://www.undp.org/philippines/press-
releases/rebuilding-differently-resilience-philippines.
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community  involvement  and  empowerment,  to  enhance  resilience  and  response
capabilities.3
This proposed legislative measure aims to create the Department of Disaster
Resilience  which shall  be  the  primary  government agency responsible for leading,
organizing, and managing the national effort to reduce disaster risk, prepare for and
respond  to  disasters,  recover  and  rehabilitate,  and  build  forward  better  after  the
occurrence of disasters.
In view o
RALPH VI
Repr
2nd District
e foregoing, the u
DELP.TULFO      |0
sentative
ing of this bill is earn
0ER
sought.
Quezon city                ACT-CIS partyitst
T-CIS Part
3Ramos-Araneta,Macon,``HolisticapproacheseyedtobolsterPHresilienceagainstcalamities",Mfl7ii.Zfl
Sf¢7td¢rd,   31  July  2023,   https://manilastandard.net/news/314355636/holistic-approaches-eyed-to-
bolster-ph-resilience-against-calamities.html.
2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTII CONGRESS
Second Regular Session
House Bill No.  1 ru213
INTRODUCED BY REPRESENTATIVES RALPH WENDEL P. TULFO,
|OCELYN P. TULFO, AND ERWIN T. TULFO
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AN ACT CREATING THE DEPARTMENT OF DISASTER RESILIENCE,
DEFINING ITS MANDATE, PO1^rERS AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by tlre  Senate and tire House Of Representatives Of the Pluli:iapines in Congress
assembled..
Jhicle I
GENERAL PROVISIONS
SECTION 1. SJiorf I..£Je. -This Act shall be known as the "Disaster Resilience Act".
SEC. 2. Dccha#afi'oj. a/PoZ..ey. -It shall be the policy of the State to:
(a) Protect the lives and properties of its citizens by addressing and preventing the
causes of vulnerabilities to natural disasters;
a)) Uphold the sacredness of human life by efficiently and effectively addressing
humanitarian  emergencies,  including  calamities  and  disasters,  through  the
establishment of a focused, streamline, independent, empowered, capacitated,
and specialized agency on disaster risk reduction and management as well as
emergency response, which is national in scope and civilian in character. The
people are the most inportant assets of the nation, and all disaster risk and
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management efforts shall be responsive to humanitarian needs of the people, the
dignity and value Of the human person, and respect for property;
(c) Promote a simple, strategic, systematic, continuous, comprehensive, inclusive,
and integrated approach to disaster risk reduction and management aimed at
substantially  reducing  vulnerabilities  and  the  risk  of  disasters  and  other
humanitarian  emergencies,  towards  the  preservation  of  life  and  property,
thereby ultimately preventing or detering the loss of lives and protecting the
social, economic, hi`storical and cultural heritage, and environmental assets of the
country;
(d) Establish    a    permanent    institutionalized,    cohesive,    and    comprehensive
framework for disaster preparedness, prevention and mitigation, and response,
to  be  implemented by  a  focused  specialized  agency  with  its own  mandate,
powers,  and  funding,  coordinating  with  the  Philippine  government,  other
foreign governments and financial institutions, international organizations, the
private sector, and civil society. Disaster risk reduction and management shall
first aim for the outright avoidance of the adverse impacts of hazards and related
disasters. With the knowledge and capacities to effectively anticipate, respond to,
and recover from the impacts of likely, imrfunent, or current hazard events or
conditions, preparedness action shall be carried out in the most effective and
efficient manner. In a disaster scenario, the response shall ensure the provision of
emergency services and public assistance, during or immediately after a disaster;
(e) Create an integrated, systematic, comprehensive, and cohesive plan to simplify,
streamline,  integrate,  and  coordinate  the  various  programs,  projects,  and
activities of the Government and such other actors or stakeholders in disaster risk
reduction   and   management   to   errsure   accountability,   responsibility,   and
transparency as well as to ensure the efficient and effective performance of their
functions;
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(f)  Inculcate a culture of resilience and preparedness against natqral disasters at the
national, regiorial, and let:al levels;
(g) Establish  a  strong  and  empowered  institution  capable  of responding  to  the
greater onslaught of normal or natural disasters brought by climate change, and
spearheadeffortstoerrsuredisasterresiliencebydeliveringthehighlycriticaland
intertwined  functions  of  disaster  risk  and  reduction  and  response,  with  a
recovery strategy of "building forward better" ;
th) Address the different concerns and needs of sectors with special needs or higher
vulnerabilities such as women, children, elderly, persons with disabilities, and
indigenous peoples with respect to disaster resilience and disaster management;
(i)  Foster an enabling envirorment for substantial and sustainable participation of
nongovernment stakeholders such as civil society organizations, private groups,
volunteers, and corrmunities in disaster resilience programs and projects;
¢)  Adopt a whole-of-society, whole-of-government, and whole-of-nation approach
in disaster preparedness to increase collaboration, plarming, and dialogue among
all sectors of society in preparing for natural disasters and in improving their
strategies and action plans for disaster risk reduction; and
a() Strengthen the chain of command and establish a unified command system for
disaster mana gement.
SEC. 3. Dc/i#I.f{.o# a/ rc77us. - As used in this Act:
(a)          Adrptof{.ourefers to the adjustment in natural or human systems in response
to actual or expected climactic stimuli or their effects, which moderates
harm or exploits beneficial opportunities;
@)           Assfs£!.7tg  flcfor  refers  to  any  assisting  intemational  or  domestic  actor
following a disaster in the country;
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(c)            Assz.sfr.7tg do77zcstr.c flcfor refers  to  any  non-profit  entity  established  under
domestic laws, which is extending help following a disaster in the country;
(d)           Assz.sf[.7zg z.7zfer7i¢fz.o7zflz flcfor refers to any foreign state, organization, entity,
or individual extending help following a disaster within the country or
transitingthroughthecountrytoextendhelpfollowingadisasterinanother
Country;
(e)            Bz.Ofogz.coj Jfflz¢rds refer to 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{ ausing agents;
(0            B#z.Zd!.7ig¢r"J#rd z7e#er refers to an approach to building or reconstmcting an
area or community, which entails a shift from achieving simple recovery
and restoration to creating safer, more adaptive, resilient,  and inclusive
corrmunities;
(g)           B#sz.77css co77fl.7t#i.ty refers to the capability of an organization to continue the
delivery of products or services at acceptable predefined levels following a
disruptive incident;
th)           GaprcI.fry  refers  to  the  combination  of  attributes  and  resources  available
within a community or area that can reduce the level of risk/s from, or
impact/s Of, a disaster;
Cz.zt2.I soct.ch/ orgrJtjzfltioris  (CSOs)  refer to non-State actors whose aims are
neither to generate profits nor to seek governing power, but to unite people
to advance shared goals and interests. CSOs may include nongovernmental
organizations (N GOs), professional associations, foundations, independent
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research    institutions,    community-based    organizations,    and    social
movemen'ts;
az.r#flfc  chfl7tgr refers  to a change in the state of the climate that can be
identified by changes in the mean and/or the variability of its properties,
andthatpersistsinanextendedperiod,typicallydecadesorlonger,whether
due to natural internal processes or external forces such as modulation of
the solar cycles, volcanic eruptions, and persistent anthropogenic changes
in the composition of the atmosphere or in land use;
q{)           Gof7zpzci. €#tcrgr7cci/ refers to a form of human-induced emergency in which
the cause  Of  the  emergency  as  well  as  the  assistance  to  the  afflicted  is
complicated by an intense level of political considerations;
Cbr!scq"c7zce m¢7!ngc77te7] £ refers to the totality of inteIventions and measures
taken   to   restore   essential   operations   and   services   in   a   permissive
environment,includingmeasurestoprotectpublichealthandsafety,restore
essential government services, and provide emergency relief to individuals,
stakeholders,    and    communities   affected   by    the   consequences   of
emergencies, hazards, and disasters;
(in)          Cb7ttr.7ige7tci/ pha#7i£7ig refers to a management process that analyzes specific
potential events or emerging situations that might threaten society or the
environment, and establishes arrangements in advance to enable timely,
effective, and appropriate responses to such events and situations;
(n)           CHztw#! Jrerz.£#gr refers to the  totality of cultural  property preserved and
developed through time and passed on to posterity;
(o)            Deferfflz.7tz.sfl.c  rt.sk  ¢ssess77teftf  refers  to  an  assessment  that  considers  the
possibledisasterimpactsofasinglescenario,incontrasttoprobabilisticrisk
assessment which considers  all possible scenarios,  their likelihood,  and
associated impacts;
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(p)            Dcz}czapr7ze7i£  ¢ssz.sfrz7tce   refers   to   financial,   material,   or   other   forlns   of
assistance to support the economic, sex=ial, and environmental well-being of
areas or people affected by a natural disaster;
(q)           Dz.sflbi.Zz.tr/ refers  to  an  evolving concept that results from  the  interaction
between persons with impairments, as defined under Republic Act No.
7277, otherwise known as the ``Magna Carta for Disabled Persone'', and
attitudinal and envirormental barriers that hinder their full and effective
participation in society on an equal basis with others;
(r)           Dz.sflsfer refers to a serious disruption of the functioning of a community or
a    society    involving   widespread    human,    material,    economic,    or
environmental losses and impacts, which exceeds the ability of the affected
community to cope using its own resources. Disasters are often described as
a  result of the  combination of the  exposure  to  a  hazard,  conditions  of
vulnerability  that are  present,  and  insufficient capacity  or  measures  to
reduce or cope with the potential negative consequences. The impact of
disasters may include loss of life, injury, disease, and other negative effects
on human, physical, mental, and social well-being, together with damage to
property,  destruction  of  assets,  loss  of  services,  social  and  economic
disruption, and environmcutal degradation. Unless otherwise specifically
indicated in this Act, the temi ``disaster" shall refer to ``natural disaster'';
(s)            Dz.sftsfe7' ¢ssz.sf#7zce refers to financial, material, or other forms of assistance to
address the immediate and long-teml needs of people, communities, or
areas affected by a disaster. This term includes humanitarian assistance and
development assistance;
(t)            Dz.sftsfer #t¢7z¢ge#!erif refers to the planning, organization, and application of
measures preparing for, responding to, and recovering from disasters;
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(u)           Dz'sosfgr mz.fr.grfro7i refers to the reduction or limitation of the adverse inpacts
Of disasters and its related hazards;
(v)           Dz.s#sfer prcz7¢rgdztcss refers to the knowledge and capacities developed by
governments,    professional    response    and    recovery    organizations,
communities,  and  individuals  to  effectively  anticipate,  respond  to,  and
recover  from  the  impacts  of likely,  imminent,  or cuITent  disasters  and
related hazards;
(w)          Dz.sflsfcr p#eric7tfr.o# refers to the intention to avoid, or the outright avoidance,
of  potential  adverse  impacts  of  disasters  and  related  hazards  through
action/ s taken in advance;
(x)           D{.s#s£€r r€cozJc7i/ refers to restoration or improvement of livelihoods and
health, as well as economic, physical, social, cultural, and envirorrmental
assets, systems, and activities, of a disaster-affected community or society,
aligningwiththeprinciplesofsustainabledevelopmentand"build forward
better" to avoid or reduce future disaster risk;
(y)           Disaster response or disaster reliof refers to the provision of ermergency seIV±ces
and public assistance during or immediately after a disaster in order to
secure and save lives, reduce health impacts, errsure public safety, and meet
the basic  subsistence  needs  of the  people  affected.  Disaster  response  is
predominantlv  forused  on  imlnediate  and  short-term  needs  and  is
sometimes called `` disaster relief";
(z)            Dz-sHsfe7` re;fflb!7ztflfz.o77 refers to the restoration of basic services and facilities
for the function of a community or a society affected by a disaster;
(aa)         D2.sflsfer rest.Zie7tce refers to  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
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preservation and restoration of its essential basic structures and functions
thl.a.dgh risk management;
tryb)         Dz.s#sfer rz.sk refers to the potential losses in lives, health status, livelihoods,
assets, and services that may occur to a particular community or scx=iety due
to a  disaster in the future,  and  is  determined by  a combination of the
vulnerability,    capacity,    exposure    of    persons    and    assets,    hazard
characteristics, and the environment;
(cc)          Dz.sflsfer rz.sk got7er#fl7£ce refers to the manner in which public authorities, civil
servants, media, private sector, and civil society coordinate at community,
national and regional le`'els in order to manage disaster and climate-related
risks. This includes ensuring that sufficient levels of capacity and resources
are  made  available  to  prevent,  prepare  for,  manage,  and  recover from
disasters. It also entails mechanisms, institutions, and processes for citizens
to articulate their`- interests, exercise their legal rights and obligations, and
mediate their differences;
(dd)        Dz.sosfer  rz.sk  "¢7iflgr77.zc7if  refers  to  the  systematic  approach  or  process  of
implementing strategies, policies, and programs to lessen the possibility
and/ or adverse impacts of disasters and related hazards;
(ee)         Dz.s¢sfer rz.sk red#cfz.o77 refers to the prevention of new or reduction of existing
disaster risks, and the management of residual risk, to enhance resilience to
disasters;
(ff)          £flr/`y z[!#m!.7zg sysfem refers to an integrated system of hazard mohitoring,
forecasting and prediction, disaster risk assessment, and communication
and   preparedness   activities   and   processes   that   enable   individuals,
communities,   national   government  agencies,   local   government  units
qGUs), the private sector, and others to take timely action to reduce disaster
risks and adequately prepare for disasters;
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(gg)        Ef7zcrge7tey refers to unforeseen or sudden occurrence, especially danger,
demanding immediate action;
thh)         Fmp7.gr7tci/  77'z/mflgr7ne7tf  refers  to  the  organization  and  management  of
resources  and  responsibilities for addressing all  aspects of emergencies,
particularly, preparedness, response and initial recovery steps;
(ii)           E]iz7i'ronf7te7tfflz Jfflzftrds refer to 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;
Oj)           Expos#7ie   refers   to   the   situation   of   people,   infrastructure,   housing,
production capacities, and other tangible human assets located in hazard-
prone areas;
(kk)        rfu#zgz{Jork Agree7#c#f shall refer to a written agreement between a procuring
entity  and  a  supplier  or  service  provider that  identifies  the  terms  and
conditions under which specific purchases are made for the duration of the
agreement.
The Framework Agreement is in the nature of an option contract between the
procuring entity and the bidder/s granting the procuring entity the option to
either  place  an  order  for  any  Of  the  goods  or  services  identified  in  the
Framework  Agreement  List  or  not  buy  at  all,  within  the  period  of  the
Framework A greement;
(11)            Cieozogz.COZ  or  gcopJ!ys{.COJ  hazflrds  refer  to  hazards  which  originate  from
internal  earth  processes,  such  as  earthquakes,  volcanic  activities  and
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emissions,   and   related   geophysical   prex=esses   which   include   mass
i.Lio-vT€.ments, laridslides,  rex=kslides, surface collapses,  and  debris  or mud
flows. Hydrometeorological factors are important contributors to some of
these processes. While tsunamis are triggered by undersea earthquakes and
other geological events, they essentially become an oceanic process that is
manifested as a coastal water-related hazard;
(mm)      Geograp7t{.c fit/bmiaffo7i system refers to a database which contains, among
others, geohazard assessments, information on clinrate change, and climate
risk reduction and management;
(nn)        Gcograplrically isolated and disadvantaged area (GIDA) refels to an areaL with aL
marginalized  population,  which  is  physically  and  scx=io-economically
separated  from  the  mainstream  society  and  characterized  by  physical
factors   such   as   isolated   due   to   distance,   weather   conditions,   and
transportation difficulties due to island, upland, lowland, landlocked, hard-
to-reach,  and  underserved  communities,  and/or  socioreconomic  factors
such  as  high  poverty  incidence,   presence  of  vulnerable  sector,   and
corrmunities in or recovering from a situation of crisis or armed conflict;
(oo)        Hflz#rd refers to a phenomenon, substance, human activity, or condition that
may cause loss of life, injury, or impacts to health, and social and economic
disruption, environmental damage, or loss of or disruption to property,
livelihood, and/ or services;
(pp)        Hz.sforz.coz zfl7tdma7*s refer to sites or structures that are assor:iated with events
orachievementssignificanttoPhilippinehistoryasdeclaredbytheNational
Historical Institute or the applicable agency;
(qq)        H"7ur7".7id"cecz dz.sflsfers refer to disasters induced entirely or predominantly
by human activities or choices, such as ideologically motivated conflict or
crininality,
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(rr)           Hk77zfl7iz.£rzri#7t flss!.s£¢77ce refers to financial, material, or other similar forms of
assistance to address the immediate needs of people affected by a natural
disaster;
(ss)          Hydrometeorological   hazards   refer   to  hazaLrds   that   aLre   of   atwospheric,
hydrological,  and  oreanographic  origin,  such  as  tropical  cyclones  also
known as typhoons and hurricanes; floods, including flash flood;, drought;
heatwaves and cold spells; coastal storm surges and marine heatwaves;
extreme sea events and sea level rise. Hydrometeorological conditions may
also be a factor in other hazards such as landslides, wfldiand fires, lcx=ust
plagues, epidemics, and in the transport and dispersal of toxic substances
and volcanic eruption material;
(tt)           Jmp¢cf #7td 7ieeds fl5scss77ze7`zf ref.ers to assessing the nature and magnitude of
a  disaster,  its  impact  on  affected  populations,  the  type  and  extent  of
emergency,  and  the  requirements  of recovery  and  rehabilitation  of the
affected areas;
(uu)        Ler!cZ-ztsc phe7!7#.ng refers to the process undertaken by public authorities to
idendfy,  evaluate,  and  decide  on  different options  for  the use  of land,
including coirsideration of long~term econonric, social, and envirorrmental
objectives  and  the  implications  for  different  communities  and  interest
groups, and the subsequent formulation and promulgation of plans that
describe the permitted or acceptable uses;
(w)        Legrz /hez+/I.dos  refer  to  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 (IRR);
(ww)       Locaz Dz.sftsfer Rcsz7z.e7tce pzflft (LDRP) refers to a document prepared by a LGU
based on the National Disaster Resilience Framework (NDRF) and National
Disaster Resilience Plan and Investment Program (NDRPIP) that sets out
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specific   programs,   objectives,   and   goals  to   implement  disaster  risk
nranagemint and climate change adaptation measures at the local level. The
plan shall include, among others, an evaluation and analysis of emerging
disaster risks, hazards, and vulnerabilities applicable to a LGU, and specific
programs and activities to ensure responsive, effective, and appropriate
disaster preparedness and management at the local level;
(xx)         N¢tr.o7acz co7ttz.7twz.ty pozz.ci/ refers to a policy aimed at the development of an
organizational culture that has the ability to provide a minimum level of
service during intemiptious, emergencies, and disasters, and return to full
operations quickly;
(yy)         Nfltr.o7tflJ c#!trirflz rfe#s#re refers to a unique cultural property found lcx:ally,
possessing outstanding historical, cultural, artistic, and/ or scientific value
which is highiy significant and inportant to the country and nation, and
officially declared as such by the pertinent cultural agency;
(zz)         National Disaster Resilience Framework refers to a fralnewock that provides for
a comprehensive, all-hazards, multi-seetoral, inter-agency, and community-
based approach to enable communities to resist, prevent, mitigate against,
absorb, accommodate, adapt to, recover, or build forward better from the
effects of a hazard in a timely and efficient manager through, among others,
disasterriskreductionandmanagementandclimatechangeadaptationand
mitigation.  The  NDRF  shall  be  composed  of  a  National  Disaster  RIsk
Reduction  and  Management  Framework  (NDRRMF)  and  a  National
Framework Strategy on aimate Change (NFSCC);
(aaa)       National  Disaster  Resilience  Plan  and  Investnent  Program  refers  to  aL  plar\
formulated and implemented by the Department of Disaster Resilience in
accordance with the NDRF 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.
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It shall also include, among others, the goals, objectives, and action plans for
a NatiorLal Continult}- Polic}-;
¢bb)      Mf#rflJ dz.s¢sfer refers to a disaster predominantly associated with and/or
caused by natural processes or phenomena, such as those related to geology
such as earthquakes, ground rupture, liquefaction, landslides, tsunamis,
sinkhoies,  volcanic activity; hydrology and meteorology such as floods,
severe winds,  typhoons, storm surges; climatological variability such as
extreme temperatures, EI Nino, La Nina, and forest fires; biological events
such as epidemics or pandemics caused by outbreaks of viral, bacterial,
parasitic, fungal, or prion infectious diseases affecting human, animal, or
plant life, insect infestations, or swarms; and extraterrestrial events such as
a meteorite or asteroid strikes;
(ccc)        Ope7i cJ¢£# refers to facts and statistics that can be freely used, shared, and
built-on by anyone, anywhere, for any purpose, which must be available in
bulk, fre-c- of charge, or at least at flo more than a reasonable cost and permit
for people  to  use,  re-use,  and redistribute,  or  intermix with other data
providers;
(ddd)      Pos£-cZz.sHsfer   #ecozac?r/1/   refers   to   the   restoration   improvchent   where
appropriate,  of  facilities,  livelihood  and  living  conditions,  of  disaster-
affected corrmrmnities, including efforts to reduce disaster risk factors, in
accordance with the principle of ``build forward better";
(eee)       Pxpflr€d7icss refers to pre-disaster actions and measures being undertaken
w-ithin the context of disaster risk reduction and management and are based
on sound risk analysis as well as pre-disaster activities to avert or mininize
or  loss  of  life  and  property  such  as  community  organizing,  training,
planning, equipping, stockpiling, hazard mapping, insuring of assets, and
public   information  and  education  initiatives.   This   also  includes   the
development or enhancement of an overall preparedness strategy, policy,
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institutional structure, waning and forecasting capabilities, and plans that
defirLe meas-ares geared to help at-risk communities safeguard their lit-es
andassetsbybeingalerttohazardsandtakingappropriateactionintheface
of an imminent threat or an actual disaster;
(ft-f)         Prt*Jc7ifz.or  refers  to  activities  and  measures  to  avoid  existing  and  new
disaster risks,  and the concept and intention to avoid potential adverse
impacts Of hazardous events;
(ggg)       ProhazJ!7z.5ti.c 71.ck flsscss77te7zf refers to the simulation of those future disasters
based on scientific evidence, and which are likely to cx:cur in order to resolve
the  problem posed  by  the  limits  of  historical  data  by  reproducing the
physics of the phenomena and recreating the intensity of a large number of
svnthetic  events,  including  all  possible  scenarios,  their  likelihood,  and
associated impacts;
(hhh)      Rchab!.Zz.frofz.o7i   refers   to   measures   that   errsure   the   ability   of   affected
communities  or  areas  to  restore  their  normal  level  of  functioning  by
rebuilding livelihood and infrastructures and increasing the communities'
organizational capacity;
(iii)         Rcsz.Jz.c7ic"efers to the ability of a system, community, or society exposed to
hazards to resist, absorb, accommodate, and recover from the effects thereof
in a timel,v and efficient marmer, including through the preservation and
restoration of its essential basic structures and functions in a manner that
will make them more resistant to future risks;
¢jj)          Respo7isc refers to any concerted effort by two (2) or more agencies, public or
private, to provide assistance or intervention during or immediately after a
disaster to meet the life preservation and basic subsistence needs of those
people  affected  and  in  the  restoration  of  essential  public  activities  and
facilities;
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(kkk)      Refrojff£7tg refers to an act reinforcing or upgrading existing structures to
rrLal-:-c- tiheriL more resistaittLt arid resilierit to the damaging effects Of hazards;
(Ill)         Rz.sk refers to the combination of the probability of an event and its negative
consequences;
/`mmm}  _R.z:sk a5s€s,5mc7if refers to a methodology to determine the nature and extent
of risks by analyzing potential hazards and evaluating existing conditions
of  vulnerabhity  that  together  could  potentially  harm  exposed  people,
property, services, livelihood, and the environment on which they depend.
Risk assessment with associated risk mapping include:  a review of the
teiluiiial   charaiierislics   Of   hazai.ds   siici-I   as   u-ieii-   iocaiiori,   ii-iLei-isil}-,
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;
(nnn)      Risk  frft77s/gr refers  to  the  prex:ess  of formally  or informally  shifting the
financial  corscqucnccs  of  particulfu-  risks  from.  orLc  part}T  to  arLother
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;
(ooo)      S#/ef/1/ stock refers to items of raw materials, component parts, or finished
good_sin.air.tain.edin_in.verl.toryi.n.ordertoredi]_cet_h_erisktha.tsuchitem_t¢nu
be out of stock, in anticipation of unforeseen shortages or unusual demand
for such items;
(ppp)      S£#f€ o/Cithamffty refers to a condition involving mass casualty, disruption of
fr[c-aI*Ls Of li-\:clihcrods, arid/` or ifLajor damages to propel-tiy, 1-odds arLd i-Lori-1-Lal
way of life of people in the affected areas as a result of the occurrence of
natural or human-induced hazard;
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(qqq)      Szts£¢i.#¢bzc dez7cfop#ae7zf refers to development that meets the needs of the
present generation without compromising the ability of future generations
to meet their own. It contains within it two key concepts: (1) the concept of
"needs'.'.,  in particular the essential needs Of the worid's poor,  to  which
overriding priority should be given; and (2) the idea of limitations inposed
bv the s+ate Of techr`.01ogy art.d. social cohesion and I.armony,. a_nd ecQ!ogi.cat
integration of a sound and viable economy, responsible governance, and
ecological integrity to ensure that human development now and through
future generations is a life enhancing process;
(rrr)        VoZ"7!fe€rs refer to individuals, groups, or entities that offer and provide
services  or  assistance, without compensation,  to  help  people and areas
affected by disasters;
(sss)        VftJ7tcr„Z".Zz.h/ refers to the characteristics and circumstances of a community,
system, or asset that make it susceptible to the damaging effects of a hazard.
It 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, andi disregard for
`.A.rise er`.vironmeuta I in.a ri.agemerT.t;
(ttt)          Vztznermbze #77d m#rgz.7toz!.zed gro#ps refer to those that face higher exposure to
disaster risk and poverty including women, children, the elderly, differently
abled people, and ethnic minorities;
(uuu)     "roJe®/-Soc[.cty  App7ioftcJ`!   refers   to   an   approach  that   encourages   the
meaningful   and   active   participation   and   synergy   of   the   different
stakeholders of society toward climate change adaptation and mitigation,
and disaster risk reduction and management at the national and local levels;
18


1           (vw)      "zojco/-Gortemf7zc7ti Approftch refers to an approach that instills and fosters
2                            ccjiia'ijc+ti-a tic[i-i ai-i-lei-ig all gGi-erIHrLcut irL=straHTi€rEtalities buih at the I.aticrid
3                          and  local   levels   toward   shared   sustairrable   development  goals   and
4                          outcomes; and
5
6           (www)  Wtozgap/-N¢fr.07z Approrc/„efers to an approach that seeks to bring about a
/
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concerted ei-i-ort towards sustainabie development, and national peace and
security by creating consensus  and  understanding of development and
security that is sharec! not jllst amo.tl.g core securit}' forces and oversight
government  institutions,  but  also  by  the  nation's  stakeholders  such  as
government, civil society, private sector, and the communities.
Article 11
TI-IE DEPARTME}`TT oF DlsASTER REsrLrENCE:
MANDATE, Pol^rERS, AND FUNCTIONS
16
T]          SEE. 4. Creation and Mandate of the Department of Disaster Resilience. -There is
18      hereby  created  a  Department  of  Disaster  Resfiience,  hereinafter  referred  to  as  the
19      "Departn-ient''.
20
21          The Department shall be the Drimarv government agencv responsible for leading,
22      organizing, and managing the national effort to reduce disaster risk, prepare for and
23      respond  to  disasters,  recover  and  rehabilitate,  and  build  forward  better  after  the
24      or:currence of disasters.
25
26             The  Dep3.rtmer`Lt  s.hall  otrers.ee  LiT`Lc!_  CC!c}rci_iria.te  th.e  prepa~r.?.tior`L,_  im_plemer`Lta4tictn,
27      monitoring, and evaluation of disaster and climate resilience plans, programs, projects,
28      and activities,  provide leadership  in  the continuous  development of strategic  and
29      systematic  approaches  to  disaster  prevention,  mitigation,  preparedness,  resporrse,
30      recovery,   and   rehabilitation,   to   anticipatory   adaptation   strategies,   measures,
31      techniques, and options.
32
19


1          The Department shall augment the capacity of LGUs in collaboration with relevant
2       i-Laiici-ial  go-`-ei~i-Lri-ierLt  age-ricies  aind  u+keg  star:ehc.ld€rs  tc.  inLplerrLerLt  disaster  risk
3      reduction and management and climate change action plans, programs, projects, and
4      a ctivities.
5
6          The  Department  shall  be  the  principal  government  institution  responsible  for
7      ensuring safe, adaptive, and disaster resilient communities. It is mandated to provide a
8     clear and comprehensive direction in the implementation of plans, programs,  and
9      projects to reduce the I-isk of naiui-al hazards and the effects of clii-hate change and
10      manage the impact of disasters.
11
12          The mandate of the Department covers all natural hazards, which include, among
13      others, the following:
14
15           (a) Geological phenomena and Related Hazards
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(1) =artl-Lquake ~  ground rupttire,  grutiiid siLakiiig, liquefaction,  tbunaliLi, fire,
landslides, and seiche or lake water oscmation;
(2) Vo].can±c activity - ash fall,, pyroclastic flow, lava flow, lahar,, fissuring.. and
volcanic gas;
(3) Mass movement - landslides, debris flow, and sinkholes;
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22           @) Hydrological,  Oceanographic,  and  Meteorological  Phenomena  and  Related
23
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Hazards
(1) Tropical cyclone - severe winds, storm surge, rouge waves, and severe rainfall
ilLlitidiiLgiLdil,
(2) Flood, rain-triggered landslides, and storm surges;
(3) Erosion;
(4) Marine heatwaves, extreme sea events, and sea level rise;
29
30          (c) Climate variability/Change with Related Hazards or compound Events and
31                 Cascading Impacts
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1                 (1) EI  Nino  or  La Nifia  (ENSO)  with associated rainfall and  temperature  (in
2                           pal-tic-dlar, Pi`G.j.ected extrerrL€ E}`TSOs);
3                (2) Extreme  temperature  qeat  wave  or  cold  wave)  and  extreme  weather
4                       conditions (drought or excessive rainfall);
5                 (3) Wildfire (forest or land fires);
6
7           (d) Biological and Related Hazards
8                (1) Epidemic/Pandemic -viral, bacterial, parasitic, fungal, and prion infectious
9                        diseases;
10                 (2) Insect Infestation -grasshoppers/ locusts; and
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12           (e) Extra-Terrestrial -meteorite/ asteroid impact.
13
14          The Department shall manage and direst the implementation of national-, local-, and
15      community-based disaster resilience and disaster management programs, projects and
16       acti=,-ities, ii-Lcl-ridii-Lg disastc.I rcspc>rife, reccverij` arid r€rLabilitatiorL, -y.`-iLLerL applicable, irL
17      collaboration with  relevant  national  goverrment  agencies,  LGUs,  CSOs,  academic
18      institutions and other stakeholders:  ProzJz.did, That for human-induced disasters, the
19      Department of Interior and Local Government (DILG), Department of National Defense
20      (DND), Department of social welfare and Development (DSWD), and other relevant
21      government instrunentalities, including the Armed Forces of the philippines (AFP),
22      Bureau Of Fire Protection (BFP), Philippine National Police q'NP), Philippine Coast
23      Guard  (PCG),  and  Office  of Civil  Defense  (CX=D),  shall  continue  to  perform  their
24      functions:  ProtJz.did, ¢trf7ter`', That the Department shall remain as the lead agency in
25       recc;-\-erij`   arid   r€habfiitatiorL   t`ffckE   in   cGllftbcraticrL   tt.tTithL   all   stakehelilLcrs   Ty.`.TFLfrL
26      applicable.
27
28          Notwithstanding, the mandates and powers stated herein shall be without prejudice
29      to the president's directive to address natural, human-induced, or other disasters such
30      asanepidemic.
31
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SBC. 5. Powers and Functions Of the Department. - The Departrr\en± s:hall exercise
.  .     __  __  __.,._     _..  i    £...__i..`..A     ;..`    ..A,1.`t`r`.~`L:~_    ,.t:LT.    _,`T,`.,^_I    ,1,`~.`..~,`^+A
tiic.   fuHu`v.vJii`L8   pu`y`,lib   ciiiLl   itliiitiuiL5,   ill   iuLiciwiulcliluLL   t`j.Lil   icfct'caLl   iLcrctjLulLiLLlj,
agencies, and nongovernment stakeholders:
(a) General Functions
(1)      Conduct risk and vulnerability assessment at the local level based on the
national criteria, and establish a database that includes, among others, an
inventory of hazards to better prepare for and respond to natural disasters;
(2)      Undertake the establishi-neiii cii-construction of eTacuation ceriters  that
conform to the standards under the United Nations Humanitarian Charter
and  Minimum  Standards  in  Humanitarian  Response  or  The  Sphere
Minimum Standards for Shelter and Settlement, and Republic Act No.
10821,   otherwise   known  as  the   ``Children's   Emergency   Relief  and
Protection  Act",  among  others.  The  upkeep  and  maintenance  of  the
evacuation centers shall be the responsibility of the concerned LGUs;
(3)       Develop, maintain, and update art ilrfegrated dibabier Iliarrageilielit alid
disaster resfiience information system that includes, among others, multi-
haz`ard  mapping,. viilr`_erahility and  probabilistic  risk  assessments,  early
warning, exposure database, comlnunication and emergency management
systems at the national, regional, and provincial levels;
(4)      Undertake  the  formulation  and  implementation  of  the  govemment's
policies,  plans,  programs,  projects,  and  budget  for  disaster  resilience,
including  those  related  to  disaster  risk  reduction,  response,  recovery,
rehabilitation, and ``buflding forward better";
(5)        Review  and  build  upuii,   lu  ii-iE  e,*leril  1-ii=i:essdi-i,   ti-ie  e.*isLii-ig  disasLei-
resilience framework, plans, and strategies in the crafting of an NDRF and
the correspond ing NDRPIP,:
(6)      Civersee,    review,    and    approve    the    translation,    integration,    and
implementation of the NDRPIP into LDRPs;
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(7)      Facilitate the  availability  of highly competent DRR  professionals  at all
levels and prescribe benefits, aliuw diites, aitd siniidr t3muiui-nents for ERR
professionals, as it may deem fit;
(8)      Communicate  and  disseminate  critical  information  to  help  the  public
prepare for, respond to, and recover from a disaster;
(9)      Receive,  manage,  administer,  and  control  all  the  funds,  assets,  and
properties received by the Department to accomplish the purposes of this
Act;
(10)     Recommend to the president of the pELippincs the declar€-LtiorL of a state of
calamity due to a natural disaster and the lifting thereof when conditions
stabilize;
(11)    Advise the President on matters concerning the disaster resilience and
make recommendations, as appropriate;
(12)    Advance  the  country's  interests  relating  to  disaster  resilience  in  the
regional and global arena;
(13)     CoHa'col`ate -t,`i-ith arL}-7 go-\-errrmerLt erLtit}-t to help ensure the attairment Of
the goals and objectives of this Act; and
(14)    Perform such other functions, as provided by law or by assignment of the
President,  and  undertake  all  other  necessary  actions  to  ensure  the
attainment of the overall goals and objectives of this Act;      ~
® Disaster Risk Reduction
(1)      Develop   coordinated   regional   and   lcx:al   strategies   for  the   effective
prevention and mitigation of disaster risk resulting from natural hazards,
ii-Lcl-ddiingtuLLeeffectscfclinLat€charL8c;
(2)      Develop and implement policies and programs relating to the cousrfuction
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 forward better", prevail over policies
or  decisions  Of  other  goverrment  departments,  government  agencies,
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government  owned  and/or  controlled  corporations,  LGUs,  or  other
.` ~ T -.`q-A ~~`.`--1 : --.- 1: |i 1 1: ^`-A .
Su \ €=i i ui ic[ ll ii D l1 [ a llul l3,
(3)      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  forward,  prevail  over  policies  or
decisions   of   other   government   departments,   government   agencies,
governlnent-owned  and/or  {ontrolled  corporations,  LGUs,  or  other
8O-\Ter-unent iusLilutious;
(4)      Establish or enhance standards for disaster preparedness and continuity
Planning, such as on infrastmcture standards and designs;
1,
(5)      Conaborate with the Department of public works and Highways (DPWII)
and  other  relevant  government  agencies  in  the  conduct  of  regular
structural, safety audit of buildings and other types of infrastructure, and
require the submission of necessary data, information, or reports related
LL ___i-.
11 |t=1 L-|u,
(6)      Formulate a National continuity policy including plans and programs to
implement goverrment governance and business continu ity;
(7)      Ensure the use of advanced science and technology in the anticipatory
plarmingofcommunitiesagainsttheimpactofnaturalhazardsandclimate
change through consultation, and employment with a regular department
funding  for  relevant  academic  or higher  educational  institutions  with
proven risk reduction record;
(8)      Establish a system to ensure that all disaster-related data are accessible to
all    Stakeholders    to    gc:Lncratc    `uhe    best    scicrLLLfic    infcIIrLatiorL    arLil£
technological products for use in disaster resilience;
(9)      Ensure  that  all  climate  change-related  hazards  are  included  in  the
development of climate risk profiles of targeted LGUs as provided for in
the Climate Risk and Management Framework (CRMF) policy document
of  the  Climate  Change  Commission  (CCC)  and  that  the  appropriate
institutions, such as the academe and other science experts or organizations
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who have the capability to develop or have developed methodologies to
establishtlirirate chainge risk profile, are officiall}' engaged;
(10)    Undertake programs and projects to reduce the vulnerability of physical
infrastructure,  assets,  and  facilities  including retrofitting and  structural
and   non-structural   upgrading,   in   coordination   with   the   relevant
goverrment agencies;
(11)    Call on relevant government agencies to develop alternative livelihood
programs to reduce the vulnerability to disasters of certain areas or sectors
Of soriet}';
(12)    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;
(13)    Design and implement an incentive system for greater private and public
inves{]nent, both at the local and national let-els, on disaster risk reduction;
(14)    Oversee and ensure the mainstreaming of climate change adaptation and
disaster risk redi_iction  in  development and  land  use plannirig, and  the
preparation of contingency plans;
(15)    Create  an  enabling  environment  that  shall  promote  broader  multi-
stakeholder participation for disaster risk reduction and climate change
adaptation and mitigation;
(16)    Establish, develop, and monitor prograns and projects, in coordination
with  relevant  government  agencies,  that  consider  climate  projections,
including temperature increas€' afid rairfaH ci-un-ige in the Plrilippiii€s to
ensure clinate-resilient communities;
(17)    Establish and monitor national and local capacity for disaster risk financing
and insurance and other risk transfer strategies in coordination with the
Department  of  Finance  (DOF),  Governlnent  Service  Insurance  System
(GSIS), Land Bank of the Philippines (LBP), and Insurance Commission;
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(18)    Review and evaluate local disaster resilience plans and.other local plans to
ensure their corsistenc}+ T|\'ith the .\TDRF; arid
(19)    Undertake  all  other  programs  and  projects  necessary  to  attain  the
necessarv outcomes for disaster risk reduction;
(c) Disaster Preparedness and Response
(1)      Lead,    manage,    and    collaborate    with    the    relevant    government
irstrumentalities,nongovemmentstakeholders,andintemationalpartners
in pro+-idil-ig tl-ie i-iinin-riui-n basic needs of people iri affected areas befoi-e,
during, and/or inrmediately after a disaster to save lives and minimize
casualties:
(2)      Establish a corps of first responders in partnership with national and local
stakeholders, both public and private;
(3)      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 or those situated in high-risk areas;
(4)      Ensure the efficient prepositioning of goods, maintenance, and disposal of
sa__fetv stocks;
(5)      Accredit, monitor, and evaluate training institutions on disaster resilience;
(6)      Regulate    the    accreditation    of    donors,    volunteers,    and    assisting
nongovernment stakeholders, both domestic and international;
(7)      Formulate standards for contingency planning that shall be adopted by the
LGUs;
(8)      Develop a database of exposure or elements at risk per area to facilitate and
ensure quick impact anl cl rieeds assessmeint iri the e``t'ent Of a disaster;
(9)      Facilitate  and  regulate  the  acceptance,  inventory,  and  accounting  of
humanitarian assista.nce, including relief goods;
(10)    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  DRRM
programs, projects, and activities;
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(11)    Oversee  and  maintain  a  national  early-warning  and  emergency  alert
syslei-rL   fi-LaL   i-i-L-rist  pi`G't-ide   a   specirfic,   areas-feeused,   ai`Ld   tiirLe-bo-drLd
warning that are accurate, timely, understandable, and readily accessible
to national and local emergency response organizations and the general
public,
(12)    Coordinate   information-sharing   and   other   disaster   risk   reduction
protocols   following   the   principle   inter-operability   among   national
government agencies and local government units;
(13)     Call  upon  other  instrur-nentaiities  oi-  ei-itities  of  the  go`=emmeni  arid
nongovernment and civic organizations for assistance in terms of the use
rif their facilities and resources for the orotertion 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,  otherwise known as the ``Citizen
Armed Forces of the Philippines Reservist Act", to assist in relief, rescue,
retrieval, and management Of dead and missing persons during disasters
or calamities;
(14}     a.ganize,.  train,.  equip,.  arid  maintain  a  .system  of respoT`se ca_pacify  for
search, rescue, and retrieval and the delivery and distribution of relief
goods;
(15)    Recommend to the President to call upon the AFP and PNP to render the
necessary assistance in a disaster-affected area by the authority  of the
President;
(16)    Call upon, by authority of the President, the AFP, the PNP, the BFP, the
ECG,  and  other  uniformt?ul  bcn''iieb  tu  the  extent  necessary  fur  the
Department to achieve the purposes of this Act;
(17)    Fsfablish a National corps of volunteers to be composed of, among others:
Reserve  Officers`  Training  Corps  (ROTC),  National  Service  Training
Program (NSTP), reservists, and other sacio{ivic organizations;
27


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(18)    Assist in mobilizing necessary resources to increase the overall capacity of
LGtuts, spccii.icall}  those  +fy'iili luw-  ii-icoii-ie aiid siLLidLed ii-i high-risk ai-t+as,
and
(19)    Undertal<e  all   other  programs  and  projects  necessary  to  attain  the
necessary outcomes for disaster preparedness and response;
(d) Recovery and Building Forward Better
(1)      Prepare, organize,lead, implement, and manage post-disaster assessment
al-id I--eco`:€f}- ai-id i'ehabilitation pi-ograas and plars, ii-I cool-dination -t-i.ith
the affected LGUs, national government agencies, and other stakeholders,.
f2\      Establish a svstem to DromDtlv perform impact and  needs assessment,
including  strengthening  the  in-house  capacity  of  the  Department  to
conduct accurate and timely impact and needs assessment;
(3)      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 rehabilitation plans, when needed, for disaster
affected areas;
(4)       Foi-mulate  or  direct  i-ele+\tai-it  go-rernment  ageiicic-s  and  LGLTs  to  issue
guidelines   for   fast-tracking   the   issuance   of   permits,   certificatious,
clearances, and licenses to implement disaster recoverv and.rehabilitation
measures, including housing projects in affected areas;
(5)      Prepare and implement rehabilitation plans for disaster affected areas;
(6)      Manage   and   oversee  the  implementation  Of  disaster  recovery   and
rehabilitation measures;
rl.,\               -,11                1                ..1         --'  ------  `     -----..-------- I     ------ I--I---I-,-1:-' --------------.-
\;'/       .|uiiaL;ufdic  +-`iiii i€ie`cii[i 8u`tiiuiit=iii dgt=iiiic5  iu |'sidi;irsii piugiciiib  iu
restore or generate livelihood in disaster affected areas;
(8)      Formulate policies and standards for post-disaster shelter recovery which
may include, among others, implementation arrangements, coordination
arrangements  with  relevant  agencies  and  LGUs,  and  modalities  for
emergency transitional and permanent shelter recovery;
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(9)      Ensure  that  the  principle  of  "building  forward  better"  is  applied  to
I=c.habiii laLiori ol-i-eeonstructiori efforts; ai-id
(10)    LTndertake  all  other  programs  and  projects  necessary  to  attain  the
necessary  outcomes  for  recoverv  and  safer,  adaptive,  resilient,  and
inclusive c ommunities;
(e)  Other Functions
(1)      Constitute, call, convene, or deputize agencies of government, and invite
nongo`-erlrment and pi`+`Tate organizations to assist, ad`7ise, or ccordinate
with the Department to achieve the purposes of this Act;
/2\      Inspect  and  examine  the  status  of  projects,  programsj,  and  activities
\,
undertaken by national government agencies and LGUs in furtherance of
disaster resilience efforts;
(3)      Save   lives   and/or  minimize   damages   to   livelihood   and   property,
complement  and  collaborate  with  relevant  government  agencies  and
nongovemment stakeholders in providing humanitarian response and the
consequence  lnanagement  of  human-induced  disasters  whenever  it
becomes neces_sarv;
(4)      Negotiate, enter into, institutionalize, and coordinate arrangements with
any private person or entity for the purpose of ensuring the adequate and
prompt availability of goods and services necessary in anticipation of,
during, and in the aftermath of disasters;
(5)      Promulgate  rules  and  regulations  I-or  the  receipt,  management,  and
accounting  of  donations  that  are  corrsistent  with  the  rules  of  the
cori-LL-1-LissiorL OrL A.tidit (COA) OrL the use Of fGr€igrL and kir~al aid lil.during
calamities and disasters;
(6)      Create or recognize offices and/or task forces as may be necessary to carry
out the objectives of this Act; and
(7)      Perform such other functions, as may be necessary, for the attairment of
the objectives of this Act.
29


Jrmcle Ill
EMERGENTCY MEASURES
3
4           SEC. 6. £fflerge#cgr Mc¢s#ttes. -(a) To protect and preserve life and property and
5      ensure and promote public safety and welfare, the Department may undertake and
6      implement the following emergency measures in anticipation of, during, and in the
7      aftermath of disasters:
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(1) Carrying out of preemptive evacuation;
(2) Ii-nposiiicjn 6f curfei,`r;
(3) Rationing of the distribution of basic goods in critical shortage and, when
necessarv, Preventing or restricting the transfer of such goods outside of the
+  ,   1                                L,
area affected by the disaster, including access to rice inventory of the National
Food Authority (NFA) office or storage located in the affected area;
(4) When  there  is  imminent  danger  of loss  of lives  or  damage  to  property,
temporarilytakeov.erordirecttheoperationOfanyprivateutilityorbusiness,
s-dbjc.ct to pa:\-iTLerLt of just coiTLpei-L5atiorL; arid
(5) With the concurrence of the DOF, recommend to the Monetary Board the
deferment of  the  payment of monetary  obligations  of LGUs  and  private
entities that have been severely affected by disaster;
21           a))  LGUs  shall  enact  ordinances  on  and  implement necessary  and  appropriate
22      emergency measures to ensure the protection and preservation of life and property and
23      the  promotion  Of  public  safety  and  welfare  in  anticipation  Of,  during,  and  in  the
24      aftermath of disasters;
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26          (c) Emergency measures shall be carried out in a manner that is humane, respectful
27      of  the  dignity  and  culture  of  persons  without  the  use  of  discrimination  and
28      disproportionate force, and with conscious attention to the needs Of vulnerable and
29      marginalized groups; and
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1          (d) Appropriate steps shall be taken to inform the public of the need to implement
1         .-_. -` -.... `... ^ ...... `^ -..... `-I_.. 11-.-i ..-- f-L'
i        Ciiit=igc:1ii}  iiLt=cl3ulc3 iui  iiicn 3alci}.
3
4           SEC. 7. Prec"pft.zJc and Force fzJflc#flf{.o#s.  -Preemptive evacuation shall be the
5      preferred and primary mode of moving and relocating people that will be affected by
6      impending disasters,
7
8          A forced evacuation shall be considered as an emergency measure of last resort that
9      rl-ia}/`  bc.  ufideftaken  in  anLicipaticjri  Of  oi-  dun.ing  a  disastei.  and  carried  out  b}-  the
10      concerned  LGU:  ProzJi.did,  That  in  case  of  the  failure  or  inability  of  the  LGUs  to
11      implement the samef the forced evacuation shall be implemented bv the Department,
L
12      which may direct and compel the assistance of law enforcement and other government
13      agencies to implement such measure.
14
15          Any person who willfully disregards or disobeys a preemptive or forced evacuation
i6      cained Out b,y the LGTUT ur tire Department releabeb buck LGU or the Deparrfuent, as the
17      case may be, from any habflity for injury, death, damage to, or loss of property due to
18       si]_ch_ disobedience.
19
Article IV
ORGANIZATION AND MANAGEMENT
22
23           SEC. 8. rJlc sccrefHny. -The Department shall be headed by the secretary of Disaster
24      Resflience, hereinafter referred to as the Secretary, who shall be appointed by the
25       Pi-e5ideiil, sutijeiL lcj cuiu'iiiridliorL b}-ti-ie cofirmrillee cjri Appcjiiitmentb. The secTctar}
26      shall preferably have a good background in any of the scientific, engineering, and public
27      management fields relevant to the attainment and promotion of resiliency to natural
28     hazards and climate change, and demonstrated managerial acumen.
29
3o           SEC.  9.  Pozoers  fl#d f#"cfz.ous  a/ the  sccrefrony.  -The secretary  shall  have  the
31      following powers and functions:
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(¢-+)  prc>`,tide  cxcc.Liti`+.c  dircctiopL £Lrid  sijiperT,-isicrL  cl,Ter  +.he  erLtire  OperLQttiors  Of  the
Department;
@) Establish and promulgate policies, mles, and regulations for the effective and
efficient  operation  of  the  Department  apd  implement  these  to  carry  out  its
mandate, functions, programs, and activities;
(c) Exercise  control  and  supervision  over  all  functions  and  activities  of  the
Department and its officers and personnel;
(d) +\J{anage the filral`iciai, i-iuman, and othei-resoui-ces Of the Departmei-it;
(e) Appoint and designate officers and employees of the Department, excluding
those reauiring Presidential aDDointment as provided for bv law;
.,                  1,  ,                                              1   i
(f)  Exercise disciplinary powers over officers and employees of the Department in
accordance with law,  and investigate such erring officers and employees,  or
designate a committee or officer to conduct an investigation;
(g) Collaborate with other government agencies, the private sector, and civil society
cji-garizatioas   on   file   policies,   programs,   projects,   and   acti-vrities   Of   the
Department, as may be necessary;
(h) 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;
(i)  Represent  the  Philippines  and  articulate  the  national  contribution  to  global,
regional, and other inter-governmental disaster risk reduction and humanitarian
platforms, in coordination with the Department of Foreign Affairs (DFA);
0)  Formulate such rules and regulations, and exercise such other powers as may be
required to implement the objectives of this Act;
qc) Serve as a member of the of the Government Procurement Policy Board (GPPB);
and
(I)  Perform such other tasks as may be provided by law or assigned by the President.
SEC.  10.  T7!c  U#dcrsecretorfes.   -  The  Secretary  shall  be  assisted  by  four  (4)
31      Undersecretaries, which shall be responsible for the following key result areas:
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(a)  Dz.s,is fi7r ,Dr€¥3,€#€iif!tqfs tqf3L? L72\£5peff5La -tc implemepLt projects .and programs that T,^tTfil
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;
@) D£.sf75~f€.r P\z.5L' Rff?i.i'Lf£'ofz -to formiiilate, adopt, and/or implelnei`Lt, among others, a
whole-of-societyapproachinpoliciesandprogramstopreventnew,ifnotreduce
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
requiredpoliciesand/orprogramsfordisasterriskreductionandclimatechange
adaptation in the NDRF and NDRPIP, among others;
(c)  Recovery   and   Building   Forliiard   and   Better   -   to   formulate   and   iraplernen±
rehabilitation plans for disaster-affected areas and to errsure the implementation
of disaster recovery and rehabilitation measures, such as, but not limited to, post-
disastei- shelfei-s and li\,felihood pi.ojccts in collaboi-ation ``f-ith relevant ag-encies,
LGUs, and other stakeholders; and
(d) S"pporf  fo  Opcm£!.oHs  -  to  formulate  and  implement,  among  others,  policies,
programs,  and/or  projects  to  ensure  the  efficient,  effective,  and  responsive
deliver}T  of  the  Deparfu-iiefit's  ke}-  result  ai-eas.  Support  ±o  Operations  covers
knowledge management, institutional development and planning, finance, office
administration.,   human   resources   management,,   and   development   of   the
Department' s in-house capacities among others.
SEC. 11. 17ie Assis£H%£ Sccretor!.fzs fl#d D{+ccfors. - The Department shall have four
30      (4) Assistant secretaries and an appropriate number of Directors to ensure the effective,
31      efficient,  and  responsive  implementation  of  the  mandate  and  functions  of-  the
32      Department.
33


1
2            SEC.12. Q£Ld,Z£;f!.£,d.~f!.cpr,s. -Ne persQr`. shall be a`ppQirl.ted secretar?.'f underseeretap.,r,
3      or Assistant secretary of the Department unless he or she is a citizen and resident of the
4      Philippines,  of  good  moral  character,  and  of  proven  experience,  competence,  or
5      expertise in humanitarian relief assistance and disaster management. The secretary,
6      Undersecretary,  or Assistant Secretary shall not hold any other position,  public or
7      private, during their terms of office.
8
9            SEC.  13.  S±rifcf#rtz  flr€d  Sf##l.#g Pfl#t??'?I.  -  The  Department  shall  determine  its
10      organizational structure and staffing pattern and create such services, divisions, and
11      units, as it may require or deem necessary, subject to the approval of the Department of
12      Budget and Management (DBM).
13
14           SEC.14. Nlatiot.,,&l Dis,aster of3eratiot`ts cett±er, Al.+Ecr#iative coif..ftit3ti.d ceft±er, and,
15      Rcsc¢rcJz rrflc.#!'#g Jrzs£{.ftfte. -The Department shall establish, within one (1) year from
16      the  approval  of  this  Act,  and  act  as  the  primary  operator,  the  National  Disaster
17      Operations center (NDCX=), Alternative comlnand and control center (ACCC) as may
18      be necessary in each of the country's major island groups, and the Disaster Resilience
19      Research and Training Institute (DRRTI).
20
The Deparitmerit is authorizeci to collect fees deri`Ted from the DRRTI.
22
23          The NDOc is a physical center equipped with the necessary tools and systems to
24      monitor, manage, and respond to disasters in all areas of the country. The NDCX= shall
25      also provide the necessary support for the overall coordination and implementation of
26      emergency and disaster response measures throughout the country.
27
28           The   ACCCs  are  comnL`Land  centers   cstaslished   in   other  locations   to   pro`.Tide
29      supplemental  support  to  the  NDOC.  The  number  Of  location  Of  ACCCs  shall  be
30     detemined bv the Department. Temporary ACCcs may likewise be established by the
31      Department, if necessary.
34


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•.            ST.I.C`.1L5. DRRTT Fist..ct.ious at..a IE..tee-Ages..c.y K=e.oz€?led.ge snarling. ± Ike DRET2`"L 5ha*1
3      be a platform for providing training preferable on site, and for collecting, consolidating,
4     managing, analyzing, and sharing knowledge and information to improve or enhance
5      disasterreshience.
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The DRRTI shall:
(a) Establish     reliable-     arid     up-to-date     disaster-related     irfermatierL     ai`LiJL
communication systems and technologies through close collaboration with the
Department Of Science and Technologv (DOST) and academic institutions;
@) lustitutionalize,   maintain,   and   update   an   integrated   disaster   resilience
information   system   (IDRIS),   i-\thich  includes,   among   others,   imulti-hazai-d
mapping, probabflistic risk assessment, risk analysis, early waming, exposure
database, communication and emergency management systems;
(c) Establish a database that includes relevant information from other government
agencies and third parties for the Department to better prepare and respond to
naturalhazardsincluding,butnotlimitedto,aninventoryofhazardousmaterials
Per ?.rea.;
(d) Consult and coordinate with and consolidate information/ data from relevant
government  agencies,  such  as,  but  not  limited  to,  DOST,  LGUs,  academic
iustitutious, and relevant CSOs to enhance the IDRIS and to promote knowledge
Sharing among all stakeholders;
(e) Conduct disaster-related research programs, seminars, and trainings for all types
of stakeholders;
(f)  Consolidate, organize, and/ or prepare training materials and publications; and
35


1           (g) Conduct   other   activities   consistent   with   promoting   the   formation   and
2                   dissemii-LatiorL of Trfu~LOTt-i-lcJdge and irformatierL relating to disaster resilierLce arid
3                disaster management.
4
5
6
7            SIF_C= 16.. Compl€ence erfd _A_ceredi±ation of DRFITT with Tuterm6[fional standards.   -
8      The  Department  shall   strive  to   obtain  certification  from  and  accreditation  by
9      international accreditation bodies of the DRRTI to ensure DRRTI's compliance with
10      international standards. The Department shall likewise ensure collaboration with key
11      countries  and  international  organizations  to  incorporate  best practices  on  disaster
12      resiliei-Lce ill LLhL e l`+epairtirLent's policies and programs.
13
14           SEC.17. Dz.sflsfer Assis£&rice Acfi.o# Cc7cter. -The Department shall institutionalize
15      a  one-stop  shop  mechanism  through a  Disaster  Assistance  Action Center  (DAAC)
16      which  shall,  among  others,~  process  necessary  documents  for  both  domestic  and
17      intemational assisting actors.
18
19            SEC.18. Jffcczzfz.I;'€s.  -The  Dcpartn-tcrLt  has  the  atidthQrit}.  to  prcscribc  benefits,
20      allowances,  and  similar  emoluments  for  disaster  management  professionals  and
21      disaster resilience officers at the national and local levels.
22
.fficle V
NATIONAL AND LOCAL GOVERNMENT RELATIONS
25
`.a.           CSEC. T9. Retei..±icm of Local DRRM 0f f ices and creaticm of I.ocal Disaster Resilience
27      0#t.ccs. -The Local DRRM offices qDRRMOs) in provinces, cities, and municipalities
28      shall be retained and renamed as provincial, City, and Municipality Disaster Resilience
29      Offices, respectively. They shall collectively be called Lew:al Disaster Resilience offices
30      (LDROs). All LGUs shall establish an LDRo at the provincial, city, and municipal levels.
31      Ail Local DRRM Councils (LDRRMCs) shall be abolished.
32
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1          The budgetary requirements for personal services, maintenance, and other operating
2      experLses, ai-id capitarc3utla}-Of the LDROs shall be so.dirced from the Gerieral Fund cj£
3      the LGU, subject to section 76 of Republic Act No. 7160, otherwise knorm as the "Local
4      Govemmentcode ofl991", asamended.
5
6          Other maintenance and operating expenses and other capital outlay requirements of
7      the  LDRO  in  the  implementation  Of  disaster  risk  and  vulnerability  reduction
8     management and climate change adaptation programs shall be charged to the Local
9      Disaster Resfiience Fund of tl-ie LGUs.
10
11           Provinces,. cities.. or municipalities shall be exempted  from the Personnel Services
12      (rs) limitation on local government budgets in relation to the creation of the LDROs
13      and the appointment of its officers and personnel.
14
15           SEC. 20. Co"pos{.f!.o# ¢#d orgr#i.zflf!.o# a/LDROs. -The LDRO shall be under the
i6      supervision and control Of- the provincial governor and city or municipal mayor, as
17      applicable. The LDRO shall be composed of an officer and five (5) permanent persormel
18      responsible for,.  among others,.  administration, research  and  planning,,  training.  and
19      operations. The organization, composition, functions, and responsibilities of retained
2o      LDRRMOs shall be modified to the extent provided in and shall cothply with the
21      requirements and standards of this Act and the lRR for the establishment, maintenance,
22      and operatious of LDROs.
23
24           SEC. 21. I,ocaJDt.s¢sferRcs..Z{.encc o#z.cer.   -The   LDRO   shall   be   headed   and
25      managed by a well-qualified and fuii-dr-ne Local Disaster ResilienL`e officer with regular
26      plantilla position. The Local Disaster Resilience officer and staff shall be appointed by
27      the  I,oral   Chief  Executive  subject  to  the  requirements  and  endowed  with  the
28      emolunents and benefits in accordance with existing laws, rules, and regulations.
29
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37


1
1i
3           SEC.22. Powers andFunctions of city andMunicipalDROs.    -Ttre   Ctry    aLnd
4      Municipal Disaster Resilience Offices  (CDRO and MDRO)  shall have the following
5      powers andfunctious:
6
7           (a)     Formulate  and  implement,  in  close  coordination  with  the  Department,  a
8
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comprehensive and integrated LDRP in accordance with the NDRF and the
NDRPIP;
Design,  program,  coordinate,  and  implement  disaster  resilience  activities,
including preparedness., risk recluction, resporrse, recovery, and rehabilitation
measures  consistent  with  the  standards  and  guidelines  provided  by  the
Department,  and  implement  the  NDRF  and  the  NDRPIP  at  the  city  or
municipal level;
Prepare   and   submit   to   the   lor=al   Sflr!ggrJiz.ft7i   the   LDRP,   the   proposed
programming o±- the LDR Fund, other dedicated disaster resilience resuurce5,
and other regular funding source Of the LDRO;
Recommend  to  the  lor:al  Sfl7?g®gi/7!r`m  the  erractment  of  local  ordinances  to
implement the LDRP, NDRF, and NDRPIP at the city or municipal level and to
comply with other requirements of this Act;
Prepare and submit to the Department, the local Commission on Audit (COA),
andtheapplicableRegionalDisasterResflienceOrficeareportontheutilization
Of its  Local  Disaster Resflience Fund and  other disaster risk reduction and
management resources;
25          (f)     Establish and maintain, in coordination with the Department, an irfermatien
26
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29
LTiJu
31
maLnagement system within the LGU which, among others, consolidates and
includes  local  risk  information  on  natural  hazards,  proffle  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  il`ifrastructidires  Tj\ith  LJieir  capacities  as  hospitals  and
evaouation centers;
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(g)    Operate and maintain, in coordination with the Department, a multi-hazard
early  waning and  communicafron5  s}steri-I to  prci`--ide  acctlfate ai-id  tit-I-iel}-
information to the public;
a)    Ctrgan_ize  an.d.  conduct  training  and  knowledge  management  activities  on
disaster resilience at the local level in coordination with the DRRTI;
(i)     Procure  emergency  works,  goods,  and  services  in  compliance  with  the
regulations, orders, and policies of DBM and GPPB, to inplement the DRP or
support early recovery and post-disaster activities;
¢)      In courdinatiol-i -v\7ith the Depai-tment, the DOE, ai-id othei-rele+`-ant agencies,
J
access foreign loans to finance its projects, programs, and policies for disaster
Drettaredness,  response,  recoverv,  and  rehabilitation,  subject  to  terms  and
|L
conditions agreed upon by the LDRO and the lender;
a()    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
ti-ie Depai-tment arid applicable la-t.`rs;
a)     Coordinate and provide the necessary support or assistance to the Department
in the implementation of rehabilitation plan within the city or municipality
covered bv the LDRO;
(in)   Coordirrate with the Department, other government 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;
(n)    Establish linkage or network and coordination mechanisms with other LGUs
andtheDepartmentfordisasterresilienceactivitiesandtoachievethepurposes
_f 1.1.=~   A ~1.  ^_i
ul  llLJLO  JILL/  CLILtl
(o)    Conduct  other  activities  and/or  act  on  other  matters,  in  accordance  with
policies and prcx=edures of the Department and applicable laws, to achieve the
purposes of this Act.
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SIC. 23. ProzJ{.„ct.fl£ D{.s¢sfer Rest.Zz.eHce O#t'cer. - The Provincial Disaster Resilience
Office (PDRO) shall b€ headed and imanaged ti}' a Pro``'incial Disaster Re5flience Officer
with a regular plantilla position.
SEC. 24. Poavers ¢#d I"#ctr.o#s a/ fJze PDRO. - The PDRO shall have the following
powers and functions:
(a) Formulate and implement, in close coordination with the Department and cities
or   mulricipalities   v\ritiin-i   its  jen-isdiction,   a   cori-ipreheiisiTe   and   integn-ated
Provincial LDRP in accordance with the NDRF and the NDRPIP;
fry) Review the LDRPs of cities and municipalities within its jurisdiction, and require
the amendment of such LDRPs,  if necessary, to ensure compliance with the
Provincial LDRP and/ or the NDRF and NDRTIP;
(c)  Design,  program,  coordinate,  and/or  implement  disaster resilience  activities
consistent with the standards and guidelines provided by the Department, and
in-iplerrient the }`TDRE and the NDRPIP at the pro-+.incial level;
(d) Prepare and submit to the  S¢7iggr7tz.¢77g P#fthazft7t7igr# the Provincial LDRP, the
proposed programming of the province's Local Disaster Resilience Fund (LDRF),
other dedicated disaster resilience resources, and other funding sources of the
PDRO;
(e)  Recommend to the Sfl7zggrfr!z.flrzg Pftr!Zftzfl?{tz.g¢rt 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;
(I)  Prepare  and  submit  to  the  Department,  the  local  COA,  and  the  applicable
Regiorial Disaster Resilience Office a repol* ori the utilization of tihe province's
LDRF and other disaster risk reduction and management resources;
(g) Establish  and  maintain,  in  coordination  with  the  Department,  a  Provincial
Command  and  Control  Center  (PCCC)  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 waming and communications system that is
40


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comected with the cities and/or municipalities within its jurisdiction, and a
I-iioi-iitoril-ig s}-sEen-i [uLiat eiiables the PDP\O to ot~terse€`, Super-`-ise, iT[orifor, afiiJi
respond to the needs of cities and/or municipalities within its jurisdiction in
relation to disaster resilience activities;
th) Procure   emergency   works,   goods,   and   services   in   compliance   with   the
regulations, orders, and policies of DBM and GPPB to implement the provincial
LDRP or support early recovery and post~disaster activities of the PDRO;
(i)  In coordination with the Department and the DOF, access foreign loans to finance
its projects, progranrs, alld Policies for disastel- pi-eparechess, i-esponse, i-eco`\rc.i-}T,
and rehabilitation, sutyect to terms and conditions agreed upon by the PDRO and
the lender:
¢)  Formulate and establish mechanisms to mobilize and direct LDROs within its
jurisdiction as necessary for disaster preparedness and response at the provincial
level;
15           qt) Coordinate and provide the necessary support or assistance to the Department in
^r
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ti-ie    ii-I-iplei-I-lei-iEaHiori    Of    1-ehabilitatioi`i    plai`i/s    TiTithin    the    cities    ai`id/`or
municipalities covered by the PDRO; and
(I)  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.
SEC. 25. Rcgr.o#flz O#.cos. - The Department shall establish and maintain Regional
23      Offices (ROs) at each region, and a National Capital Region once (NCR). The size,
24      composition, and organization of ROs and NCR shall be based on parameters provided
25        ir-L Lihe ERR oil the abiiitij-Of LGTUTs *TithirL its j{drisiJLicticzrL tc> cope `v``Ti+Lh preTtTic3-tis iiLisasters
26      or to  implement their LDRPs  or Provincial LDRPs  as well  as the level  of income,
27      population, and hazard exposure of LGUs. The ROs and NCR shall be funded by the
28      Department.
29
30           SEC. 26. Rcgr.o71flz I)itecfor. -Each Ro and the NCR shall be headed and managed
31      by a Regional Director with regular planthla position. The Regional Director shall be
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appointed by the Department Secretary for a fixed term pursuant to requirements and
terms of office di-id ei-idcIT`-ed -w,7ith a-ie c.moluiTieiits altd ber[efi€s stlbje€t to €xistirig latti's,
rules and regulations.
SEC. 27. Pozt?e7:s fl#d F#7icfi.o#s a/ROs flrid NCR. - The ROs and the NCR shall have
the following powers and functions:
(a) Review the LDRPs and Provincial LDRPs of LGUs within its jurisdiction, and
require the amendment of such LDRPs and/`'oi-Pi-o-\Tincial LDRPs, if riecessai-}r, to
ensure compliance with the NDRF and NDRPIP;
a)MonitoranddireftLDROsandPDROstoimp]ementtheirrespectiveLDROsand
PDROs;
(c)  Recommend to the appropriate 5¢7tggz{77!.#7t at the city, municipal, or provincial
level the enactment of local  ordinances to implement the LDRP, NDRF, and
NDRPIP at the city, municipal, or provincial level, and to comply with other
rc:quireiiLiei-Its of this Ac i;
(d) Review reports on the uthization of the LDRF and other disaster risk reduction
and   management   resources   of   LGUs   within   its   jurisdiction,   and   give
recommendations, as necessary;
(e) Disburse to and monitor the use by LGUs of Supplemental LDRF+as granted by
the Department pursuant to this Act and its IRR;
(f)  Provide, upon the request Of LGUs or unilaterally at its own discretion, assistance
to LGU/s within its jurisdiction as necessary to ensure the implementation of
LDRPs or Provincial LDRPs, NDRF, and NDRPIP, and to render efficient and
Lil-1-iel}- disastei- pi-epairedriess, respoztse, aHnd re€ot`rer}' rfiefisures;
(g) 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;
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(h) Procure  goods  and  services  in compliance with the regulations,  orders,  and
policies cjf DB}vT-i and GPPB tc irTLpleinei`Lt Lulls- }`TDRPLD arid }`TDPuF at +uLL€` res-icffial
level;
(i)  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;
¢)  Establish  and  maintain,  in  coordination  with  the  Department,  a  Regional
Command  and  Control  Center  (RCC)  which  includes,  among  others,  an
iinfoI`i`rraticjn managei-rieri[ s}-stem at the regional 1e-\-el i-i-hick coiisolidates aind
integrates information from the provinces, cities, and municipalities within its
iurisdictionf a multi-hazard earlv warning and communications svstem and a
i_____    _         _                     .                                                                                                        -                                           +,
monitoring system  that  enables  the  RO  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 plans for LGUs within its coverage; and
\"K) Conduct other-acti``.itics and/ or act on other matters, in accordance with policies
and procedures of the Department and applicable laws, to achieve the purposes
Of this A.ct.
SEC.28.Inter-RegionalDisasterResilieneeOffoceCol.Iaboration.-TtteDepaLrtm!ent
21      shall create policies and programs to establish collaboration and coordination among
22      thedifferentROs.
23
24
?I-J
26
27
28
SEC. T9. Levels Of Responsibility for Disaster Preparedness and Response. - The
29      primary resporsibflity for disaster preparedness and response shall be exercised at the
30      lacal and national ievei in collaboration with the relevant departments and agencies, as
31       follows:
£3


1
Applicable  Provincial  Disaster
Resilience Offices
(In    the    case    of    BARMM:
Regional Governor and ARMM
Local        Disaster        Resilience
Office/s)
44


(In  the  case  of  Metro  Manila:
:'-I:\-ID.icha-ii-)
Level 4 - National
During a state of calamity in any
area(s)    or    affecting    several
regions
Secretary of the Department of
Disaster Resilience (Lead)
Governors     of    the     affected
provinces
(a)  When a state of calamity is
declared by the President;
(b)  If- a  disaster  affects at least
two (2) regions;
(c)   When   the   affected   LGU
c annot        dispense         its
functions, or respond
thrc`a+t or effect of c!.isaster;
(d)  When     the     local
executive
absence  or  incapacity,
next  high-ranking
directly        requests        the
Department to take over; or
(e)   WThen the President directs
a Level 4 resrJonse
1
2           SEC.  30.  J#fer-Locfl[Z  Got7c"fflc#f Assis£¢#cc.  -LGUs  are  hereby  authorized  to
3      extend assistance to another LGU, whether through funding or donation Of goods
4      and/ or services, to ensure effective disaster preparedness and response, such as the pre-
5      positioring and provision of basic goods dlid trailing of lil-sl i-espondei-5,°an-iGrig oLULiers,
6      subject to auditing and accounting.
7
8          SIEC.  31. Reconstruction  and Rehdeilitation  powers  of the Departmeut.  -The
9      Department shall be primardy responsible for the identification, planning, and funding
10      of priority reconstruction and rehabilitation projects and programs on areas affected by
11      disasters:   Proz„.did,   That  the   DPWH   shall   be   the   primary   implementer   of  all
12      irfuastructure-related rehabilitation and reconstruction projects, including retrofitin-ig
13      of structures to make them more resistant and resilient to the effects of natural disasters.
1A
15           SEC. 32. Service coutinuity of the Department. -To ensure serviee ccndunity, the
16      Department and its regional and attached offices shall be established in a reasonably
45


1      resilient lcx=ation and undertake the necessary inteIventions to make its offices and
2      systems disaster-resilient.
3
4           SE_=C.  33.  Assistance  to  Bangsamoro  Autonomous  Region  in Mitslim Mindanao
5      (BARMM). -The National Government, thru the secretary of Disaster Resilience, and
6      the Bangsamoro Autonomous Regional Government shall create an inter-governmental
7      mechanism for humanitarian relief assistance in the BARMM during times of natural
8      disasters.
9
10                                                                          Article vI
11               wlloLEOF-GoVERNMENT, WHOLEOF-NATloN, AND i^rrloLE-oF-
12                   SOCIETY APPROACH AND INSTITUTIONAL ARRANGEMENTS
13
14            SEC. 34. Jf£+gr-oj7€}`pqbz.Z#3?,. ayfs.jsf.apf?s. -The Department shall establish mechanism.s
15      to ensure the inter-operability of systems among government agencies and to allow
16      access of agencies to the IDRIs as established pursuant to section 15 of this Act. It shall
17      develop protocols to allow real-time access to information by government agencies in
18      relation to natural disasters and the implementation of disaster resilience measures.
19
20           SEC.   35.   Sgr#erg:!/   zol.fJi   Shakefeozders.   ~   The   Department   shalrensure   close
21      coilaboi-atiol-I and coc2rdii-iation -i,i,.i[uh stakeholders, includirig csos, LULici acadc-ffic-, aind
22      the private  sector,  in relation to  disaster resilience programs and  projects  and the
23      development and the promotion of education and training mechanisms with relevant
24      stakeholders.
25
26          The Department shall establish a platform and mechanisms for coordination with
27      stakeholders,  including  the   development  of  standard  operating  procedures  for
28      collaboration in the event of a disaster.
29
30           EEC. 36. Establishment of Multi-Stakehoiders comiergence unit. -The DepELrtrr\en±
31      shall, with the assistance  of other relevant government agencies and  stakeholders,
46


1      establish a Multi-Stakeholders convergence unit (M,SCU) which shall align the disaster
2       1-csiiience effcli-t5 Of the pi-i-`-ate s€-ctor, CSOs, acadelrie, and c€her stakeholders T`<.t'ith that
3      of the Department by assisting, coordinating, or providing services that strengthen
4      public-private coordination in disaster resilience, including the following:
5
6
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12
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15
i6
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19
(a) Establishment and implementation of business continuity practice to ensure the
conthued delivery of products and services in the event of a natural disaster;
@) Crafting and implementation of a National Continuity Policy to ensure service
continuity during inter-fuptioi-is, eri-lei-gencies, ai-id disas ters and ti-ie quick i-etun-I
to full operations;
(c}  Establishment,. incorporationr, and application of busines`s continuity plans as part
of the LDRP of LGUs;
(d) Facilitation or assistance in obtaining or processing incentives for the private
sector or other nongovernmental stakeholders, such as tax credits; and
(e) Preparation and facilitating the issuance of special rules for Micro, Small, and
Medium Enterprises (h`-ff5IviTs), such as mechanisms involving procurement and
liquidftytocreateenablingenvironmentsfordisasterpreparednessandrecovery.
The nascu shall establish a platform that includes, among others, a database for
20      monitoring and coordinating efforts and resources of nongoverrment stakeholders. It
21      shall be headed by one (1) of the undersecretaries of the Department.
22
23           SEC. 37. Roles and Responsibilities of stakeholders. -The conrmi:twent, goodwH1,
24      knowledge, experience, and resources of relevant stakeholders are critical to realize a
25      safer,  adaptive,  resilient,  and  inclusi\Je  Filipino coi`ru-riui-rit}`.  Citifers  s±rall  hd\.e  the
26      shared vision and duty to provide support to the state in the implementation of policies
27      and programs,. particularly the Disaster Resilience Framework and Disaster Resilience
28      Plan at the national, regional, and local levels.
29
(a) CSOs,  NGOs,  international  nongovernmental  organizations,  private  sector,
DRRMpractitioners,andvolunteersshallparticipateincollaborationwithpublic
47


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institutions in the exchange Of iud-ormation, leamings, and guidance on disaster
i-esiliei-lee. The Depai.ti-1-ic.nt shall ei`icourage altd iifistitutioi`ialize their €ngagerr[ent
in the implementation of local, regional, national, and global plans and strategies
to enhance public awareness and promote a culture of disaster resilience;
(b) Women, children, and youth, as agents of change, shall endeavor to contribute
actively   and   participate   in   disaster   resilience   trainings   and   information
dissemination;
(c)Seniorcitizensandpersouswithdisabilitiesshallcontributetheirknowledgeand
experience on disastel- preparedness arid i-esilienc}r;
(d) Migrants and the urban and rural poor shall participate in building reshient
resettlement c ommunities ,:
(e) Emergency responders and volunteer organizations shall contribute to resilience
by promptly and efficiently responding to disasters and emergencies consistent
with the policies of the Department;
(f)  Academia,  scientific  and  research  entities,  and  networks  are  encouraged  to
un-idei-take  i-eie-\,-ai-it  resc.arch  on  disaster  resfiieric}t  iri  partnership  T¥\7i+uL[  |uhe
Department and other stakeholders for better decision-making;
(g) The  private  sector is  encouraged  to  integrate  disaster resiliency  projects  and
progranrs in their corporate social responsibility initiatives; and
th) The media shall provide prompt and accurate information to the p-ublic on early
warning  systems,  natural  hazards,  and  disaster  resilience  activities  of  the
Department.
23
24          The  Department,  with the  assistance  of the ROs,  shall  establish and convene a
25       Disastc-I Re-silience AsserrLbl}t at the rc`g-ic}rLal ai-LiJi i`LatiorLal le``Te`ls Tt.rhich shall be l`Lelii oi`L
26      a quarterly basis to ensure the proactive engagement of different stakeholders, such as
27      goverrment agencies, the union of Local Authorities of the philippines (ULAP), League
28      of cities of the philippines (LCP), League of Municipalities of the philippines (LMP),
29      CSOs, NGOs, academe, DRRM practitioners, and the private sector, to ensure and foster
30      coordination and collaboration towards achieving the goals of this Act.
31
48


1           LGUs  may  convene  local  DRAs  within  their  jurisdictions  as  necessary  for  the
attaii-ilrierit Of disastef i-esiliei-Ice at the local le-`tel.
3
4            SEC.  38. Rccog7£!.f!.o# flr!d 17ice7if!.z7cs.  -The  Department,  in  partnership with  the
5      private sector, shall establish an incentives program that shall recognize the outstanding
6      performance of LDRO,  NGOs,  CSOs,  schools, hospitals, and  other stakeholders in
7      promoting and implementing significant disaster risk reduction managementelimate
8      change  adaptation programs  and  innovations  and meritorious  acts  of individuals,
9      groups,  or-,  il-istitutions  during i-iatural  disasters  subject to  existing iaT.\rs,  Indes,  ai-id
10      regulations.
11
Article VII
PREPAREDNESS AND INTEGRATED EARLY WARNING
14
15          SEC. 39. Standards f or Disaster preparedness Activities. -{d) The Departrner\t shall
16      est-ablish  starLdards  aind  protocols  for  disaster  preparedrLess,  conLin:inngc.nc:\v  piarming,
17      localizing and operationalizing disaster risk reduction and management, preparedness
18      for responding to  disasters  and  undertaking early recovery, continuity Of essential
19      services, and other relevant preparedness activities.
20
21           @) LGUs shall identify safe and strategic sites and establish evacuation centers with
22      appropriate   and   adequate   facilities   in   accordance   with   government-approved
23      standards  as  provided  under  Republic  Act  No.  10821,  otherwise  known  as  the
24      "Children`s Emergency Relief protection Act", to avoid disruption of school classes and
25      1esseri the use of schc>ol btiildings ancJi facilities as et`-acuatiofi ceriters.
26
27           (c) The concerned LGUs shall immediately compensate schools used as evacuation
28      centers. The schools used as evacuation centers may seek compensation for renovation,
29      replacement, or repairs of daLmaged facilities for such use.
30
49


1          SEE. 40. Multi-Hazard Early wanting and Risk communication standards. -There
2      shall be a sti.eandiinedpolic:r gc}-`-erriing earl}r warnlfig s}'sterriis and risk cori-ii-fiuiiication
3      protocols to ensure effective and efficient measures to prepare for, respond to, and
4      recover from potential risks and disasters.
5
6          The  Department  shall  formulate  and  implement  multi-hazard  early  warning
7      protocols  integrating  all  disaster  preparedness  systems  in  collaboration  with  lch=al
8      executives, corrmunity-based organizations, CSOs, and other NGOs for proper use and
9       appiicaticjn.
10
11           SEC. 41. EflrJ!/ Wflmt.#g M4IHdrfe.  -(a) The Department shall issue an integrated
12      early waming alert for the impending occurrence of hazards that will enable the public
13      to prepare in time and act appropriately to minimize potential harm or loss.
14
15           ap) The Department at the national and local level shall use an integrated early
16      warlring  system  to  ensure  it  is  consistent  and  iocali}T  contextualized  with  the
17      colnmunication protocol and safe evacuation procedure of the affected communities. It
18      shall work with other agencies or organizations on pre{risi.s information mapping of
19      the  humanitarian  needs   of  at-risk  communities   that  will  enhance  the  overall
20      prepositioning of resources at the national and local level.
21
22           (c) The Department shall require mobile phone service providers to send out alerts
23      at regular intervals in the event of an impending natural hazard, in accordance with
24      Republic Act No.10639, otherwise known as "The Free Mobile Disaster Alerts Act".
25
26           (d) The Department shall recognize and proactively support local or indigenous
27      modes of earlv warning systems and allow open access to near real-time data from both
28      1Ch=al  and  international  sources  made  available  through various  platforms  such  as
29      websites,   mobile  apps,  and   social  media   to  empower   local  communities  and
30      individuals. Any person who transmits early waming concerning the abovementioned
50


1      phenomena  by  means  of  signs  in  designs,  colors,  lights,  or  sound  shall  do  so in
2      compliance witl-I tl~ie i-lied-lode recognized or appro'`'ed b}-the Depai`tmerLt.
3
Article VITI
HUMANITARIAN AS SISTAN CE
6
7           SEC. 42. Mflf{¢gef7!e#f a/H#7#fl#z.f#rt.¢# Asst.sfro#ce. -(a) The Department shall have
8      the power to receive and manage humanitarian assistance from any person or entity,
9      whether from lucal or international sour-ces; di-id
10
11           ap) The inportation bv and acceptance of humanitarian assistance donated to the
12      Department,   consisting   of,   among   others,   food,   clothing,   medical   assistance,
13      equipment, and materials for relief, recovery, and other disaster management activities,
14      are hereby authorized in accordance with Sections 120 and 121 of Republic Act No.
15      10863, otherwise known as the "Custom Modernization and Tariff Act (CMTA)", and
i6      the prevailing provisions of the General Appropriations Act (GAA) covering national
17      internal revenue taxes and inport duties of national and local government agencies.
18
19            SEC.   43.   J#fem¢f!.o#¢J  m£7#¢r!t.fflr{.¢rc  Asst.sffl#ce.   -   (a)   The   Department,   in
20      consultation with the Bureau of Immigration (BI) and the Bureau of ctistoms (Bex=),
21      shall promulgate guidelines on international humanitarian assistance, including the
22      initiation, entry, facilitation, transit, regulation, and termination thereof, as well as those
23      involving international disaster relief and personnel assisting international actors, visa
24      waiver, recognition of foreign professional qualifications, entry of international disaster
25      goods and equipment, and exemption from port duties, taxes, and re5trictious.
26
Z]           EEC. 44. Assessment a,f the Need f or International Humanitarian Assistance. ~ {`a)
28      Immediately after the declaration of a state of calamity by the local sfl#gg#f".flrz of the
29      relevantLGU or by the Department, as the case may be, the Department shall determine
30      whether domestic capacities are likely to be sufficient to attend to the needs of affected
51


1      persons for  international  humanitarian assistance.  This  determirration may also be
2      i-riade, aE the. discretion of the president, prior to the onset of-an imminent disaster;
3
4           @)  Tn  the  event  of  a  determination  b}7  the  Depa_rtment  that  domestic  response
5      capacities are notlikely to be sufficient due to the impact of the disaster, the Department
6      shall recommend to the president that a request be made for international humanitarian
7      assistance;and
8
9           (c)  A  determinatiori  that  doi-riesLic  capacities  are  likely  to  be  sut-i-icient  and  that
10      international humanitarian assistance is therefore unnecessary may be reviewed and
11      rescinded by the Department, with the approval of the presiden.t,. at a__ny tilm`e, in light
12      of prevailing circumstances and available information.
13
14           SEC. 45. H!£ffl##€.r#f?.fl# AssI.sf##ce Ace.or. Cc#£er. -The Department shall create an
15      inter-agency one-stop  shop mechanism called  the Humanitarian  Assistance Action
16      Cei`[tcr GiAAC) for the` pracessing arid relc.asc. Of ei-[ti-}r arid faciiitafron of goods, articles,
17      or  equipment  and  services  and  international  relief  workers  for  the  provision  Of
18      international humanitarian assistance and the prcx=essing of necessarv dorumen_ts for
19      assisting international actors.
20
21          The Department shall lead and manage the HAAC, which shall be composed of the
22      following:
23
24
1E--
26
27
28
29
30
31
(a)   Bureau of customs;
€)   Dcp=trtmei`Lt of Fereigrf jL{fairs;
(c)   Department of social welfare and Development;
(d)  Department of Health;
(e)   Food and Drug Administration;
(f)    Department of Agriculture;
(g)   Department of Energy;
(h)  Department of National Defense;
52


1
4
3
4
5
6
7
(i)    Philippine National police;
/'\        T||. ','_ __  ._ I-_  _  -_ i _t_  r+__ __-i .
u/     rlLiiii;ijuit: Li;cibi uuciiu,
q€)   Department of Transportation;
(1)    Department of Environment and Natural Resources; and
(in) Bureau of Immigration.
SEC. 46. Request f or Iriternational Humanitarian Assistance. - (a) In cogr\izance Of
8      the urgency, criticality, and intensity of an imminent risk, the Department shall issue a
9      flash appeal tc> the family of nafroI~ts, ui-ider regioi-lad and n-iuldia[eral col-I-`rei-itiors, for
10      assistance  in  preparedness,  including  preemptive  measures,  search,  rescue,  and
11       rptripval. 1.elief, recoverv. and reconstruction; and
12
13          a) The president may request international humanitarian assistance upon the advice
14      of  the  Secretary.  Such  request  may  be  specifically  directed  to  particular  assisting
15      international  actors  or  may  be  a  general  request  directed  to  the  international
16       |uiiu`riuint},-.
17
18            SEC. 47. RcgrtJfltr.o# a,,fH"fflfl#z.f¢rt.fl# Assz.sffl#ce. -(a) The Department shall ensure
19      the efficient and effective monitoring of humanitarian assistance from domestic or
2o      international donors, establish and operate a platform, including an online platform to
21      facilitate, and provide public access to information on donations; and
22
23           (b)   The   Department   shall   include   in   the   IRR   of  this   Act   guidelines   and
24      accountabilities on the receipt, management, distribution, accounting, and reporting of
25       all i-[-riri-Lai-Litai~iarL assistarLcc-, Tt-`\'heLut`ier ii-i cash ®r ill kini]L, ccfisisterLt `t,.Tri+ilk tube iulc`5 OrL +uLLe
26      use of foreign and local aid duringcalamities and disasters issued by the COA and other
27      relevant government agencies.
28
Z9          SEE. 48. Humanitarian Reliof f or Human-Induced Disasters. -The secrctary of the
30       Depdr Lil-icr[l si-iall ha-t-e d-ie autl-ioriti}' to.proTidc-haimariLrfu-iai-i rc-lief in the consc-quc-ncc
53


1      management of human-induced emergencies such as acts of terrorism, iusurgency, fire,
2      and other related human-induced disasters.
3
Article IX
5                  OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO
6                                                                FOREIGN STATES
7
8          SEC. 4!9. Offer and Facilitation of Iutermational Hu:manitarian Assistance to Foreign
9      Sf#f€s. -In the event of a disaster occurring in a foi-Sign state foi--t\,'-hich intei-national
10      humanitarian assistance is required, the Department, in coordination with the DFA,
11      mav offer,, facilitate,, provide.. and deploy international humanitarian assistance to said
12      foreign state, which shall be sutyect to guidelines to be promulgated by the Department
13      forthepuapose.
14
15
15            SIC. 50. A€crF,?#[if£.Sf;. -ThLC Department, in cQcrdipLatiQPL T¥t'ithL rele``-ant goTv'emment
17      agencies and organizations,  shall provide and facilitate the necessary  training and
18      accreditation to the respective government personnel to be deployed for such offer,
19      facilitation, and provision of international humanitarian assistance to a foreign state.
20
Article X
DECLARATION OF STATE 0F CALAMITY
23
24           SEC. 51. DeczflErflft.o# a/ Sferfe a/ C¢Zfl##.rty. -The Department shall recommend to
25      the presider`.t the a.ecla.ration c`f a state of €alam~itv,. whether in whc`1e c}r part of an area,.
26      in case of an extraordinary disaster wherein the repercussions on public safety and
27      welfare are serious and far-reaching.
28
Z9          SEE. 52. Conditions for the Declaration of a state of calamity. -The president she:n
30      declare a state o±. calamity when ail of the following requisites are present:
31
53


1           SEC. 53. Mflndflfor]/ and Re77zeddrJ Mtasffries. -The declaration of a state of calamity
2      shafi aiiow the inrmediaie impiemeritation uf arty  ur all Of the fdiowing remedial
3      measures :
4
5
6
7
8
9
10
ii
12
13
14
15
16
17
18
19
ZO
21
22
23
24
(a) Imposition Of price ceiling on basic necessities and prime commodities by the
FTesident upon the recommendation Of the implementing afencv as provided for
underRepublicActNo.7581,otherwiseknownasthe"FriceAct",ortheNational
Price Coordinating Council;
a) Monitoring, prevention, and control by the Local ELce Coordination Councfi of
overpricing or profiteering and hoarding of prime commodities, medicines, and
petruieurn prulucts;
(c) Grant of tax credits or exemptions by the Bureau of lnternal Revenue, upon the
recenrmenrdetien Of the President or Lh.e Departmen.i; and
(d)UseofaltemativemethodsofprocurementunderArticlexvlofRepublicActNo.
9184, otherwise known as the "Government Procurement Refomi Act'', its IRR
and other issuances of the GPPB by the Department, LGUs, or the relevant
governmentinstrumentalitiesinrelationtotheurgentprocurementofemergeney
works, goods, and services to effectively and quickly respond to disasters and
build forward better.
jrfucle XI
RECOVERY
SEC. 54. Stond¢fids /or Recot/e.`I/: - The Department shall observe internationally
25     accepted standards for recovery, planning, programming, and implementation of the
26     recovery process. Towards this end, the Department shall:
27
(a) Improve the community's physical, social, and economic resilience, consistent
_._i,,_   1,_  +    -_  .-i-_  +i-_,  _    _r  ``,_  --I,  J=---f -------- I  1--I .---,,-
Wlul ulL-Plflllltjl€ ul    uuilulll81ulwcuu u€LLt=1,
55


1
2
3
4
5
6
7
8
9
10
ii
12
13
14
15
16
17
Q}) Use lcx=allyrdriven and centrally-supported processes based on legal mandates
withsuppiemehearycapacitysupporiw`nenrequested;
(c) Redirect  development  outside  danger  zones  to  minimiz   loss  Of  lives  and
5fuctures resulting from t}apheens, floeding, 1andsfides, and other hazarric;
(d) Employ outcomedriven planning and implementation;
(e) Maximize tise Of private-public sector partnership where possible;
(P  Consider  local  conditions  such  as  culture,  security  situation,  and  existhg
capacities Of communities in identifying programs and prtyects;
(g) Ensure access to public transport, physical and mental health services, markets,
schools,  susfainable  hvelihoods,  and  other  public  services  in  plarming  for
settlement areas; and
th)ErrsurerestorationOfpeaceandorderandreeoveryofgoverrmentfunctiorrs.
Article in
FUNDS AND RESOURCES
SEC.55.I"ndReg7Ihatious.-TheDBMandCOAshallesfablishrulesandregulatiors
i8      to ensure that iuds required for diaster respol-tee, reeo-v-Cry., and rei-Labilitation are
19     avahable and/or released efficiently and expeditiously throuch irmovative bndgeting
20      and aiEdifilT`.g mechar`.±sm€.
21
z2          Snc. 56. Local Disaster Restlie:i'Ice Fund a.DRE) and Local Disaster contingency
23     F#nd flDCF). -LGUs shall annuaHy set aside not less than five percent (5%) of their
24      lex=al budget to constitute a LDRF. The LGU shall use its LDRF to maindain and operate
25     its LDRo to maintain the officers, employees, and staff of the LDRO, and to implement
26      plans, programs, and activities under its LDRP. Thirty percent (30%) of the LDRF shall
27     be set aside as LDCF, which shall be used for disaster response and quick recovery
28      measures.
1n
I.-3
56


1          Nothing contained in this Act shall prevent LGUs from providing?dditional funding
2      or afiocating additional resources for disaster resilience activities, pians, and programs
3      within their jurisdiction.
4
5           SEC. 57. S„zzz7le»zenfzzJ LZ)RF. -The Department may allocate and disburse funds to
6     supplement an LGU's LDRF based on parameters and requirements indicated in the
7     IRR. In determining such parameters and requirements, the ERR shall ain to provide
8     supplemental  fLmds  to LGUs  with low income  and/or high exposure  to  natural
9     h©ds. Supplemental LDRFs shall, as much as possible, fill gaps or shortages in LGU
10     resources to ensure that LGUs can implement disaster resilience measures such as,
ii     among others, implemendng their LDRF or provincial LDRP, estabtiishing their LDRcis
12      or pDROs, obtaining and/or maintaining the necessary equipment and staff in their
13      LDP`Os or pDRcis, and imlmplementing t_he NDRF and th.e NDRPH' at +_h.e lacal levels.
14
15           SEC.  58.  N¢tr.ofz¢!  I)isas*fer  Rest.Zf.elece  Fq7zd  -  (a)  The  National  Disaster  Risk
16     Reduction  and  Management  Fund  (NDRRM  Fund)  created  under  Section  22  of
17      Republic ActNo.10121, otherwise known as the "Philippine Disaster Rick Reduction
18     and Mangement Act of 2010", appropriated under the armual GAA is hereby renamed
19      as the National Disaster Reshience Fund QIDRF) and shall be marmged and controned
20     by the Deparunent. The NI)RF shafi be used for disaster risk reduction or mitigation,
21      prevendon, and preparedness activities such as training of personnel, prcx=urement of
22      equipmerLt,  and  capital  expenditures.  It  cat`L  also  be  utilized  for  relief,  recovery,
23     reconstruction,  and  other work or services in cormection with natural or human-
24     induced calamities which may occur during the budget year or those that occurred in
25     the past two (2) years from the budget year; and
26
27          fry) Thirty percent (30%) Of the amount appropriated for the NDRF shall be allocated
28     as  Quick  Resporue  Fund  (QRF)  or  stand-by  fimd  and  shall  also  be  under  the
29     rmmgemeri and control Of the Department. The QRF shall be used for I'eiief and
30     recovery programs to quickly normalize the situation and living conditions of people
57


1     in  communities  or  areas  stricken  by  disaster,  calamities,  epidemics,  or  complex
2     emergencies, and other related programs, projects, and activities formulated at the
3      national level.
4
5           SEC. 59. Pcopfe'ls Sorzr..I)fl! r#rfd  -The Secretary of the Department shall be a
6     member of the peopie's survival Fund Board mandated to lranage and administer the
7     People's survival Fund created under Republic Act No.10174, otherwise known as the
8      "Climate change Act of 2009", and facifetate its ijifi±izatien. by TLGLTs, through p`Os, te
9     implement clinate change adaptation prqjects Of I.GUs and equip vulnerable LGU
10     communities against the impacts of climate change.
11
12           SEC.  60. Mz(zzz.-Doqor Tmsf F«zfd  -The Department shall  create and manage,
13      together with the Bureau of Treasury, a Multi-Donor Trust Fund for the processing,
14     rdeasing, and accounting of money and other sinilar resources intended for disaster
15      assistap.ce.  Th.e Departm.er``t shall  establish a. system to ersiiTe trarsparenLcy in +_he
16     management and use of the Multi-Donor Trust Fund.
17
18          SEC. 61. I)oeetr.07zs M¢cogier#eff£ -The Department shall have the power to receive
19      and manage donations from any person or entity, whether from local orapintemational
20      sources.
21
22          The importation by  and dulrafron to  the Deparinent Of food, clothing, medical
23      assistance, equipment, and materials for relief, recovery; among others, and other
24      d_ifse~qter in_a_n.a_gem~en! a_ctiivities a_re h_erchy a_ut_h.ciriized Ln. a.ccord.a_n.ce with. Sections 120
25      and 121 of R.A. No.10863, and the prevailing provisions of the GAA covering national
26     internal revenue taxes and import duties of national and local government agencies.
27
28          SEC. 62. Regzfhafro„ a/ Doeeffoas. -The Department shall establish and operate a
29      p-iatifcirTi-ly inchidirLg ail oiiiii-Le pkLfolTi-L, io faiiiiaie, a-Lei-froi--, arid pi-uv-ike public access
30     to  information  on  donations.  To  ensure  complete  accounting  and  reporting  of
58


1     donations, the Department shall formulate and issue rules and guidelines for the
2      receipt, nranagemerLt,-and accouning of donations, which are consistent with the miss
3      on the use of foreign and local aid during calamities and disasters issued by COA and
4     other relevant goveHment agendes.
5
6
7
8
9
10
]rmde rm
SPECIAL RULES 0N BORROWING, TAXES, ECOZONES, AND
pRocrmEh-
SEC. 63. R«Zes ow Borroz(7..7zg. - The LGUs shall coordinate with the COF, Bangko
11       Se=.±_®± I?Lg p±iEpi?i?+sp; aun&ci Other relel`rar!t fgert.cies te access foreigIT. Ic!ainf te iinLpleI¥T*ent
12     disaster prevention,  mitigation,  early recovery, and rehabilitation measures at the
13      provincial, city, or municipal level.
14
15           SEC.  64.  Specinz R#fes  o`#  Imf ¢nd Dzzffes.  -To facifitate prompt and  efficient
is       i-c:5pGiis€-  tc;,  ai-id,|'cjr i-€-c®=,.7ei-}r frc3.Ti  disasters,  i-iL±e foHS-¥+=irig shaii be  gi-ai-Lied  special
17     exemptions from existing taxation laws, rules, and regulations:
18
19
20
21
22
23
24
£j
26
27
28
29
(a) Foreign  disaster  assistance  or  international  donations  coursed  througiv  the
Department shall be exempted from taxes and import duties;
Q)) Lot:al disaster assistance shall be exempted from donor's tax and allowing the
treatment  Of donations  as  a  deductible  expense for local  disaster  assistance
coursed through the Department;
(c)GoodsorservicesdonatedfromabroadcoursedthroughtheDepartmentshallbe
exempted ifromL thc- value added tax \^vTAT),. and
(d) Aid or assistance rendered by members of the private sector or their investments
in disaster resi]ience and climate €har`.ge adaptation measures for +.h.eir residence,
communities, or businesses.
59


1          LGUs may also  implement local  tax  rules which would  grant disaster victims
2      reasonable reduedon,' exemptiuli, ur der'ennent Of local taxes or other types Of tax
3      assessments, or take other necessary action at the local level to provide tax relief to
4      disaster victims.
5
6           SEC. 65. Custo7azs Dziffes erad Tfl##s o# Doouffous. -The BCX= shall create niles
7     which would, among others, hasten the processing and release of donated goods and
8     equipment to disaster victims and/or affected areas pursuant to sections 120 and 121
9      ofR.A.No.10863.
10
•L.i            a.TEE_ £66. Eec;as.c-,fi.ic RecG-u;an3i dil.ed Dcev€'-cpei3t¥e#.I Of DistEsteF-PrGiftse Areasi. -(a\} The
12      Department, in coordination with the Department Of Trade and Industry and other
13     relevant agerries,. shall create and provide policies., programs,. and prtyeds,, such as
14     business tax relief and subsidies, to encourage business investments and to stimulate
15      economic activities in affected or disaster-prone areas; and
16
17          @)  The  Department,  in  the  collaboration  with  the  relevant  LGUs  and  other
18      stakelroiders, siuli like-w-ise esta'D`dsh dijal purpose sir-iictijres in disaster afr'ected areas,
19     such  as,  among  others,  community  agricultural  centers,  classrooms,  and  water
20      harvesting fan_ks,. +a r]evelop and promote investrn_en_ts in a_ffected. or disaster-pron.e
21      areas.
22
23           SEC. 67. Proce47ie»ze:fff. -The Deparinent, Rcis, or ILGUs may resort to any of the
24     Altermtive Methods of ptocurement provided in R.A. No. 9184, including Negotiated
25      Procurement qinergency Cases) under Section 53@) of R.A. No. 9184, in any Of the
26      following instances:
27
28          (a) In case of imminent danger to life or property during a state of calamity;
?q           ni\ Whom time is of the esseln_ce arising from_ n_atural Qr rna_n_-made calamities; and
\,
30          (c) Other causes where immediate action is:
60


i.      To prevent damage to or loss of life or property; or
ri.       j=estcjre  =v=itai  p-ii-i;iic  s€=|i=ices,  irL|=asaiiciiili:,  fa€=i=i=s,  ai=i=  i;=Li=i=  i-iiE;iic
uthities.
•,
5          Furthennore, the Department, ROs, or LGUs may use shopping under section 52(a)
6      Of  R.A.  No.  9184  when  there  is  an  unforeseen  contingency  requiring  immediate
7      purchase.
8
9           SEC. 68. AJfer.7t¢tr.ti€ Modes a/Proerrezlfer!£ -The Department, ROs, or LGUs may
10     resort to any of the Alternative Methods of procurement provided in R.A. No. 9184,
i  i                ;-_T..<t I..i : ii._        t..i =LT      -_i.-_LL    i:=~_.:i.-`.-=     i+-:       =i-i .---_I+_==_:i-i .--.--=+-i.--?     ?-tT.--=.-i.-=|:--`|..-i.-i     =-I.--=`--t< Lz=.--ti-I-=..-=T-.i     :TT-i--i.--=¥:-I.--=E-I.--==
ii       ||.iluul_.ilr  uui  ji..u.  |.iiu.iu  .u,  uliut+i+1"6  unici  i-.-6v.iu.-u  iL iv`.uiiiL.LIL,L|=  `il.I-ia-,„`,
12      Cases) under seedous 52(a) and 53¢) of R.A. No. 9184.
12
14          The Department, ROs, or LGUs may also use Framework Agreements in accordance
15     with the rules and requlatiois of the GPPB.
16
T]          Srmc. 09. Special Rules on procoueme:rid for Recoustrudion and Rchdbilhafion of
.A                .i  +/       ,   _   I    A   .... __             I.._`.   rrf_   +    __I--r`-_1__?1    _..__g,.    .___.__:~1   __~? ...... _~    ___._~_._______._€    .f___   _.____:_._.I
16        {~i/jaJi,jr€5i6 ,-ij-=j6Ei.  --\ri;  i iac i--i-i-iJt tjiii2ii ii=al= i5ij'!€li€| i =ili=i5 ±u=ii iji`jliil=iii€iil iui  a=i =v-il=E3,
19      goods, and materials to be used for reconstruction and rehabhitation efforts in case of a
20       r`±atLiral disa:s.+erL=_ €rtc!Lid!r!.g=.= belt Tio± I€m±ted to.., the conethuction. of postrd!saster §he!ters
21     and provision of service contracts, to ensure the procurement of qualityroriented goods,
22     materials, and equipment and to guarantee effective, efficient, and speedy procurement
23      toachievethe goals of thisAct;and
24
25          Q>) In case of procurement of services, goods, or materials for reconstruction and
26     rehabilitation efforts, whether from local or international sources, the Department and
z7       ri-ie  reievai-Li  gave-ri-iine-rLt  agencies  siLaii  proTv-ike  less  =D-ur--eauci-aric  restlictioI-rs,  u-I
28      exemption from, or reduction of, cListoms duties.
1^
61


1          Snc. 70. Procurement f ram Qualif ed su:pptiers or contracto:rs. -The Deparfun!erit
i        sfraji  irav-€   ri-ie  pt}-tw-€i-=ij  pi-[C=-di-c  gc>c3=s  ai±.a  E5=,=L.~ic=-5  £i=Gi-i-i  =iili=f-1c-==  i3=  f.€€-=€ig-i=i
3     suppners or contractors for purposes of implementing programs, projects, and activities
ii        y^1^+^| +A A€aaa+ai. tacil;anro aTid 1.ir`2T`arrornon+ iTl arrnrr!anr? t^_ri+h E  .A.  `Tn  Q184. 3tq TRR
=                |i_._5.=__±_-==__.-L=   -i-..:  --_:_i_9=_-=|.:-I--_i   i--_.:_=£i`=--_-:  =---i---==  :tL--I.I.iL---L4 i.I--C;--£ ---------------------------- ~-~ ~--~'   ----------.-
5      and other issuances of the GPPB.
6
7          SEC 71. frjzmapork Agmaenzenls. -The Deparinent shall have authority to enter into
8     Framework Agreements for the purpose Of, among others, establishing a logistics
9     system for the efficient and prompt distribution of goods, equipment, or other materials
10     required for disaster response and management; securing food, medicines, fuel, or other
ii        sLippiies  fromL orocer-ies,  pi--diTi-iacie5,  g=i5  5Lia-±c;€il-is,  =Ei-  i5=-LEE  si;-~iii==es  irL  +±Le  eE,T==I`;i cEf a
12     disaster in a specific area; ensuring an alternative souse of power or water from private
12        „h.1;Jiae :n tha o`7aT`+ nf a fl€cai2fa-i-a er`rrifir 3?`pe. nr =eTr=ei`gin? +A? €mtttedi=e+? cs.i!nnh7
i-'               =--i-iii£Li_-=L'   £il   -1== -------  ?  ---t=.-+--_=    __I   _--_____-_____.-__i   _.-.   _ ..-. i_   _____   __  __--:    __    _____-a__®    -.___    _  ___
14      Of   other   goods,   services,   or   equipment   necessary   for   disaster   response   and
15     management. The conditions, limitations, and paralneters of contracts or arrangements
16      authorized under this section shall be provided in R.A. No. 9184 and its 2016 IRR.
17
18          SBC. 72. Other procaremeut Rules and polieies. -ha view of the ungemcy and to avoid
19     urmecessary delays in procuring goods, services, and implementing prdyects for the
2o      pur'pose 0±- providing resporsi-vTe, eff'eeri-v-e, and ei±icieii± rescue, I+ecoTVTeriy, relief, and
21     rehabihation efforts for, and to continue the provision Of basic services to disaster
22        ``=,ri€Hizris e.I disfa_s±gr.a.ffe€±ed.are.p._i.;. tag GPPB §-ha_!! ±seiL±J= _===-==f3=±_=.±£ =e=±l:_=_ti=ri=.I e=+_:i,
23      and policies to effdetivdy implement the provisions of this Act.
24
Jhide rv
DISASTER RISK TRANSFER AND INSURANCE
27
28          SEC. 73. M¢ndfed rus#r„tt}e cor7erflgeL -To attain disaster resilience and achieve
£S-      ==iifpGses ef this £^±€!, the Dap£:.±ment shall have the discretion and authority to require
30     government agencies, govemmentowned and {ontroned corporations (Gaccs), or
± +  htl
=r-


1     LGUs to insure their assets and/or properties such as, among others, vessels, vehicles,
2     equipment, machineries, permanent buildings, properties stored therein, or properties
3     in transit against insurable risks and pay the premiums therefor, to compensate the
4     Government, Gacc, or ljGU, as applicable, for any damage to, or loss of, properties
5      due to a natural disaster.
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indde rv
YOUTEI ASSISTANCE AND PARTICIPATION
SEC.74.Yo#±feOg#ffl.zflffous.-TheDepartment,withtheassistanceoftheNational
11     Youth commission (NYC), shall create policies, projects, and programs that address the
12     special needs of the youth for disaster preparedness and management which shall
13      include, among others:
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(a) Supporting youthorierfed pre- and postrdisaster activities;
a]) Conducting disaster risk training and  management programs  involving the
youth,
(c) Coordinating  with  the  Department  of  Education  (DepEd)  to  create  school
curricula or programs that educate and train children on disaster risk awareness
and disaster preparedness;
(d) Mobilizing youth organizations; and
(e) Encouraging  the  pardcipation  of  the  youth,  throuch  the  barangay  youth
representative and the Sfl!nggrt7iing Jca&ha¢7z, to participate in disaster resilience
and disaster management activities.
SHE.'15.YouthorieutedDisaster-Rehiedprogra:rr.s,Poticies,andprojects.-(aL)The
27     Department, with the assistance of the NYC, shall provide training on and implement
28     response  and  rehabilitation  programs,  including  mental  health  and  psychosocial
29      services, fortheyouth
30
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1          Q>) The Department, in collaboration with the DepEd, the technical Education and
2     Skills Development Airthority, and other relevant agencies, shall integrate disaster risk
3      and resilience education in the school curriculunL
4
5          SHE. 76. Com:prchensive Energr!icy program f or children, Pregnant, and Lactating
6     Mothers. -The Department shall establish and implement a comprehensive emergency
7     program to provide emergency relief and protection to children and pregnant and
8     lactathg mothers in the event of a natural disaster.
9
AIcle JNI
pRolHBITED Acrs AND PENALThs
12
13          SEC. 77. Profrz.be.fed Acts. -Any public official, private person, group, or corporation
14     who commits any of the fohowing prohibited acts shall be held fable and be subjected
15      to the criminal and administrative penalties as provided for in section 78 Of this Act,
16     without pr¢udice to the imposition of other criminal, civfi, and administrative habfiities
17     underexisthglaws.
18
19           (a) Prdribi.fed Acts a/ P#bzic  o#cinis.  The following acts,  if committed by  public
20
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officials without justifiable cause, shall be considered as gross neglect Of duty:
(1)    Derdiction of duty which leads to destnictiorty loss of lives, critical damage
of facilities, and misuse of fimds;
(2)    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;
(3)    Failure to expeditiously act on reported violations;
(4)    Failure to create LDRO/s or PDRO/s and appoint a permanent Local or
Provincial  Disaster  Resilience  Cfficer  within  six  (6)  months  from  the
approval of this Act; and
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(5)    Failure to prepare and implement an LDRP or PDRP, as applicable, or a
contingendyplanforhazardsfrequentlyorcuringwithintheirjurisdiction;
Q}| Prohibited Acts Of Pubitc Officials and Private Persons or Institutions.
(1)    Delaying without justifiable cause the delivery of aid commodities, their
improper handling or storage, resulting to damage or spoilage;
(2)    Withholding the distribution of relief goods due to (a) political or partisan
considerations;  Q>)  discrimination  based  on  race,  ethnicity,  religiorty  or
gender; and (c) other similar circumstances;
(3)    Preventing the entry and distribution of relief goods in disaster-stricken
areas,  including  appropriate  technology;  tools,  equipment,  accessories,
disaster teams, or experts;
(4)    Buying, for consumption or resale, from disaster relief agencies any relief
goods,equipmentorothercommoditieswhichareintendedfordistribution
to disaster affected communities;
(5)    Buying, for consumption or resale, from the disaster aifeded persons any
refief goods, equipment, or other aid commodities received by them;
(6)    Selling of relief goods, equipment, or other aid commodities which are
intended for distribution to disaster victims;
(7)    Forcibly seizing relief goods, equipment, or other aid commodities intended
for or consigned to a specific group of victims or relief agency;
(8)    Diverting   or   misdelivering   reEef   goods,   equipment,   or   other   aid
commodities to persons other than the richtful recipient or consignee;
(9)    Accepting, possessing, using, or disposing relief goods, equipment, or other
aid commodities intended for or consigned to other rightful recipient or
consignee;
65


1                (10)  Misrepresenting  the  source  of  relief  goods,  equipment,  or  other  aid
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10
11
12
13
co-odities by:
i.         Either covering, replacing, or defacing the labels of the containers to
malce it appear that the goods, equipment, or other aid commodities
came from another agency or person;
fi.        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 persorL; and
ifi.       Making false verbal claim that the goods, equipment, or other aid
commodities in its untampered original containers actually came
from another agency or person or was released upon the instance of
a particular agency or person;
14                (11)  Substituting or replacing relief goods, equipment, or other aid commodities
15                         with the same items or inferior or cheaper quality;
16                (12)  Hlegal soliciting of relief goods, equipment, or other aid commodities by
17                        persons or organizations representing others as defined in the standards
18                          and guidelines set by this Act's ERR;
19                (13)  Deliberately  using  false  or  inflated  data  in  support  of  the  request  for
20                        funding, relief gcods, equipment, or other aid commodities for emergency
21                         assistance or other projects; and
22                (14)  Tampering with or stealing hazard monitoring and disaster preparedness
23                         equipment and paraphernalia.
24
25          SEC. 78. Peiz¢Jft.es. -Any individual, corporation, partnership, association, or other
26     juridical entity that commits any of the prohibited acts in the preceding section shall be
27      made liable for the foHowing:
28
29          (a) A fine of not less than one Hundred Thousand pesos @hp100,000.00) or not to
30                exceed Five Hundred Thousand pesos php500,000.00), or imprisonment of not
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1
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3
4
5
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 ortyects and the instnrmenfalities used in committing any
Of herein prohibited acts;
6          Q) If the offender is a corporation, partnership or association, or other juridical
7
8
9
10
11
12
entity,  the  penalty  shall  be  imposed  upon  the  officer/s  of the  corporation,
partnership, association, or endty responsible for the violation without prjudice
to the canceHation or revocation of the ficense or accreditation issued to these
entities by any licensing or accredited bedy Of the govemlnent. If such offender
is an alien, he or she shall, in addition to the penalties prescribed in this Act, be
deported without further prceeedings after service of the sentence; and
13          (c) If  the  offender  is  a  public  officer,  the  offense  shall  also  be  punishable  by
14
15
16
17
18
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
penaltyofdismissalshallcarrywithitthecancellationofeligibfiitytoorforfeiture
Of retirement benefits, perpetual disqualification from holding public office, and
disqualification from taking civil service examinations.
19
2o          Acts  committed  in.  violation  of  this  Seedon  shall  be  without  prjudice  to  the
21      imposition of other criminal, civil, and administrative liabilities under other existing
22      laws.
23
24          SHE. 79. Liabilrty for undavf ul pert uJrina:nco of Duties and state Liahiltry in case
25      a/Dc/]g7!s€ Lz.fz.grffofL -In case a lawsuit is fifed against an officer or employee of the
26      Department as a result of the performance of official duties, and such performance was
27      found to be lawful, the officer or employee shall be reimbursed by the Department for
28     reasonable costs of litigation. For this purpose, the Department is authorized to procure
29      the applicable liability insurance for its officers and employees+
30
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1          SEC.  80.  Disctplirary  Powers  Of  the  President  -  The  Prestideut,  a:pow  the
2     recommendation of the Department secretary, shah impose administrative sanctions
3      against  lceal  chief  execirdves  and  barangay  officials  for  willful  or  negrigent  acts
4     performed in the implementation of, or compliance with, this Act and its lRR or relating
5      to their official functions which adversely affect disaster resilience prQjects, such as
6      delayed issuance of permits or failure to implement local ordinances.
7
8
9
10
11
ARTlcLE xrm
SPECIAL couRTS AND INluNcrloNs
Snc. 81. Special Courts on Disaster Resilience Matters. - To ensure the proapt and
12      expeditious  resolution  of  disputes   relating  to   disaster   response,   recovery,   or
13     rehabilitation measures, the supreme court shall establish special courts to hear, try,
14     and decide cases arising from the following, among others:
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26
27
28
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(a) Implementation Of the  govemment's policies,  plans, programs,  prdyects,  and
budget related to the NDRPIP, LDRP, PDRP, other disaster resilience activities,
or pursuant to the provisions of this Act;
a)) Constr.uction of new settlements, or relocation of informal settlers or settlements,
to promote disaster resilience;
(c) Expropriation,   eminent   domain   or   righfrof-way   issues   relating   to   the
implementation Of disaster reshience prdyects;
(d) Failure  to  comply  with  standards  for  disaster  preparedness  and  condnulty
planning, including, but not limited to, infrastructure standards and designs;
(e) Declaration Of state Of calamity under Article X of this Act;
(f)Impositionoftax,customsduties,ortheimplementationoftaxrelief,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
BCH pursuant to the provisions of this Act;
(g) Commission of prohibited ads under Article XVI of this Act;
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3
4
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7
a)Disputesinvolvingdonations,relief goods,orcontractsexecutedorimplemented
pursuant to the provisions Of this Act; and
(i)  Other matters relating to achieving the purposes of this Act which the Smpreme
Courtmaydetermineasfa]lingunderthejurisdictionofthespecialcourtsoreated
pursuant to this Section.
SEC.  82.  Disprfe  Resozfffz.o#  Mecfro#isms.  -  The  Department  shall  establish  a
8      Disaster Resolution Board (DRB) which shall resolve disputes involving administrative
9      mattersrelated to:
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13
14
15
16
17
18
19
(a) Accreditation or denial of accreditation of disaster resflience training institutions,
trainers, instructors, donors, volunteers, and Assisting Domestic or International
Actors;
Q)) Decisions of the ROs;
(c) Contracts entered into by the Department or any of its agents pursuant to the
provisions Of this Act; and
(d) Cmer administrative matters or issues as may be detemined by the Department.
Thecomposition,structure,andotherorganizationalmattersrelatedtotheDRBshall
20     be defined and provided in the IRR of this Act.
21
22           SEC. 83. Specz.&J proscc"foes. -The cinbudsman shall designate special prosecutors
23      to handle and prosecute violafrons of this Act involving public officials and employees.
24
25          SE!C. 84. Imposition  Of Texporary  Restrtining  Order.  -No Court,  e:>¢cept the
26     Supreme court, sham have the powers to issue an injunction or a temporary restraining
27      order against any action taken or projects implemented by the Department or its agents
28      pursuantto thisAct.
29
30
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SEC. 85. Trflus/er. -
ARTlcLE xrm
FINAL PROVISIONS
(a) The   disaster  risk  reduction  and  management  powers,   functions,   assets,
personnel, fund, and appropriations of the Office Of the Civil Defense (OCD)
currently under the DND are hereby transferred to the Department, and the civil
defense functions shall remain with the DND.
The existing organizational and administrative systems and processes of the
CX=D, as transferred, shall serve as the core organization of the Department.
Q>) The  applicable powers, functions,  funds,  and appropriations Of the Disaster
Response Assistance and Management Bureau and the National Resource and
Logistics Management Bureau under the DSWD are hereby transferred to the
Department.
(c) The National Disaster Risk Reduction and Management Council (NDRRMC) is
hereby abolished.
The  DILG,  DND,  uswD,  and  other  relevant  government  irstrunentalities,
23      including the AFP, BFP, PNP, ECG, and acD, shall continue to perform their functions
24     related to the consequence management of human-induced disasters, as provided for
25      byexistinglaws.
26
27          The Department shall, by virtue of this Act, be subrogated to all the rights and
28     assume all the liabhities of the agencies transferred under this Act, and all their funds,
29     records,  property,  assets,  equipment,  and  such  personnel  as  necessary,  including
30      unexpended  appropriations  or allocations.  AIL  contracts  and liabhities  of  the  said
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agencies are hereby transferred to and assumed by the Department and shall be acted
upon in accordance with the Auditing Code and other pertinent laws, rules, and
regulations.
SBC. 86. Coordifriation and Coiavergence with the Cli:mate Change Commission. -
The Department and the aimate Change Commission, pursuant to its mandate under
R.A. No. 7929, as amended, shall establish and implement a convergence mechanism to
facilitate coordination on the following areas:
(a) Conduct of current and future climate and disaster risk assessment as basis for
sustainabledevelopmentandresflientinvestmentplanningandprogrammingat
the national, sectorial, and local levels;
Q>) Establishment Of a National Integrated Clirmte and Disaster Risk Information
SysterrL a singular platform for integrating and sharing clinate and disaster risk
info-tion;
(c) Development and implementation of capacity-bufiding and technical assistance
programs for LGUs and \stakeholders on clirmte change adaptation and disaster
risk reduction;
(d) Monitoring and evaluation Of progress Of implementation Of national, sectorial,
and local plans and programs on climate change adaptation and disaster risk
reduction; and
(e) Development   Of  knowledge   exchange   platforms   and   implementation  Of
information, education, and communication program, including good practices
on aimate Change Adaptation and Disaster Risk Reduction.
SEC. 87. Trflusi.tory Proz)ist.om - The transfer Of functions, assets, funds, equipment,
27      properties, transactions, and persormel of the affected and transferred agencies, and the
28     formulation of the internal organic structure, staffing patterlL operating system, and
29     revised budget of the Department, shall be completed within two (2) years from the
3o      effectivity of this Act, during which time the existing persormel shall continue to assume
71


1      their posts in holdover capacities until new appointments are issued: P7ioz7z.did, That,
2     after the abolition of the agencies as specified in section 85 of this Act, the Department,
3      in coordination with the DBM, shall evaluate, abolish old, and/or create new posifrons.
4
5          SBC. 88. Interdepartmental Relations and Coordination -The Department sham
6     continuously  call  upon  the  following  departments:  (a)  REF  for  the  Philippine
7      Atmospheric Geophysical and Astronomical service Administration ¢AGASA) and
8      Philippine Institute of Volcanology and Seismology @HVOLCS); @) DENR for the
9     Geohazard   Assessment   and   Engineering,   Geology   Section   Of   the   Mines   and
10     Geosciences  Bureau  (MGB);  (c)  Department  of  Health  for  the  Health  Emergency
11      Management Bureau; and (d) DILG for the BFP: P7t".did, That the Department and
12      these departments shall establish systems and proforols for fostering interdepartmental
13     relations  and  close  coordination,  through  sustained  sharing  of  data,  information
14     technology, facilities, and other resources critical to the Department, among others:
15      Pro'z7i.did, ¢r#!e7., That the said agencies will cooperate fully with the Department, in
16      anticipation Of,  during, and  as necessary in the determination of the Department
17     Secretary, and perform agency mandates in close coordination with the Department as
18      circumstances warrant in the aftermath of emergencies and disasters: Prorng.did, ,€rz¢Zzy,
19      That PAGASA, PI-HVOLes, and the Geohazards unit of the MGB shall.. provide staff
20     augmentation to the Department's cxperations center as the need arises.
21
22          SEC. 89. "z7as/er a/ Resoefrees. -The transfer of powers and functions of agencies
23      listed in section 85 shall include the coITesponding funds and appropriations, plandlla
24     positions, records, equipment, facilities, and properties of such agencies, srtyect to the
25      power of the Department to reorganize or reallocate the resources and positions from
26      such agencies, as may be necessary to attain the dyectives of this Act.
27
T8          SBC. 90. Program Manage:rnen± Of f oce for the Earthquake Resiliei'icy of the Greater
29     Mdro MH#z.Zfl Ar€fa -The Hogram Management cffice for the Earthquake ResiHency
30      Of the Greater Metro Manila Area qMOERG), as created pursuant to Executive order
72


1      No. 52, s. 2018, shall be transfened to the Department under the supervision and control
2      of the secretary and shall condnue to exercise its mandated functions.
3
4          SEC. 91. Post-Disasfer She7ftrs. -The Department shall establish a pustrdisaster
5      shelter recovery policy framework for low-income or informal settler fand]ies with the
6     assistance of the appropriate housing ageneies and the concerned LGUs. It shall, among
7      others, determine the appropriate shelter modalities depending on the following post-
8     disaster phases: emergency, temporary or transitional, and permanent. The Department
9      shall likewise iderLtify, assess, and designate safe zones where the appropriate shelters
1o      shall be built.
11
12           SEC.  92.  C#Zfror¢J  Heritogr  -  To  protect,  preserve,  and  promote  the  nation's
13     historical and cultural heritage, the Department shall assist the appropriate cultural
14     agencies and the appropriate LGUs to give priority protection and restoration to all
15     national cultural treasures or national historical landmarks, sites, or monuments in
16      posidisaster recovery or rehabhitation measures.
17
18           SEC. 93. Jnd£.gfflous peap!e. -(a) The Department shall, with the assistance of the
19     National commission on Indigenous peoples (NCRT) and the concerned LGUs, devise
2o     and implement mechanisms that foster social protection for indigenous communities
21      that are vulnerable to the effects of natural disasters;
22
23          a)  The  Department shall ensure respect for,  and  protection Of,  the  traditional
24     resource right of the Indigenous cultural communities or hdigenous peoples ¢CCs or
25      Ips)  to their ancestral  domains and recognize the customary laws and traditional
26     resource use and management, knowledge, and practices in ancestral domains; and
27
28          (c)  in  ancestral  domains  which  are  disaster-prone,  the  Department,  with  the
29      assistance of the NCIp and applicable LGUs, sha]] create an Ancestral Domain Disaster
30     Management and Resiliency plan. It shall likewise properly communicate and explain
73


1     information on disaster risks in ancestral domains with the concerned lccs or HPs and,
2     as much as possible, ehgage such Iccs or Ips in jointly formulating a disaster resiliency
3      plan for their ancestral domain.
4
5           SEC. 94. £f.zie!z.#ood  -The Department shall, with the assistance of the relevant
6     government agencies, such as the DTl and the Department of Labor and Employment
7     (IroI.E), establish policies and programs to restore and/or generate livelihood in areas
8      affected by natural disasters.
9
10          SBC. 95. Structural Audit of Goveminent Buiidings. -The Departrnen:i, with the
11      assistance Of the DPWI-I and other relevant government agencies and stakeholders,
12     shall  ensure  and  conduct  structural  audit,  as  often as  necessary,  on  government
13      buldings, especially those lcx:ated in congested and disaster-prone areas, to ensure
14     structural integrity and disaster risk of urban buildings and to prevent the loss of life
15     and property in the event of in anticipated natural disaster.
16
17          SEC. 96. M¢grm c¢rffz Bcngft.ts. -Qualified employees of the Department including
18     those of its attached agencies, shall be covered by, and endtled to the benefits under,
19     Republic Act No. 8439, otherwise known as the "Magma cia for scientists, Engineers,
20     Researchers and other Science and Technology Personnel in the Government"; and
21      Republic  Act  No.  7305,  otherwise  known  as  the  "Magma  Carta  of  Public  Health
22      Workers"; and Republic Act No. 9433, otherwise known as the "Magma carta for public
23      Socialworkers''.
24
25          SEC. 97. Hflacrd pny. -Qualified personnel of the Department and the local disaster
26      resilience offices are entitled to receive hazard pay, subject to existing policies and
27      guidelines.
28
2:9          S;HC. 98. Separc[tion Benof its of of f iciais and Exployees of Af fected Agendes. -
30     Public  sector  employees who  have been  displaced  or separated  from the  service
74


1     pursuant to reorganization under this Act shall be entitled to separation pay, retirement,
2      and other benefits in' accordence with Republic Act No.  6656,  or the Government
3     Reorganization I.aw, and other laws, and rules and regulations issued by the Civil
4     Service commission (eec) on government reorganization.
5
6          In no case shall there be any diminution of benefits under the separation plan until
7      the full implemenfation of this Act.
8
9          Employees who shall be displaced or separated as a result of the implementation of
10     this Act shall be given preference for appointment in the Department and in other
11      government agencies if they meet the qualification requirements of the positions.
12
13          No  new  employees  shall  be  considered  for  appoininent  until  all  incumbent
14     employees have been placed. The placement of an incumbent employee to a higher
15      position  which  constitutes  a  promotion  shall  not  be  allowed  untfi  all  incumbent
16      employees have been placed to comparable positions for which they are considered.
17
18          SEC. 99. Appropr.&tr.or!s. -The amount necessary for the initial implemerrfetion of
19     this Act shall be taken from the current fiscal year's appropriations of all agencies herein
20     absorbed and transfened to the Department. Thereafter, the amounts necessary for the
21      operation of the Department and the implementation of this Act shall be included in the
22     -ual GAA.
23
24           SEC.100. Imp!enzenfl.#g Rzfzcs Cnd Regrthafro7zs. -The Department, DBM, GPPB,
25      DND, DOF, DILG, D05r, National Econorfuc and Development Authority, DSWD,
26     CSC, and the career Executive service Board, the House and senate committees on
27     Government Reorganization, and representatives from relevant government agencies,
28     academe,  business  sector,  NGOs,  and  esos  shall  prepare  and  issue  the  IRR  to
29      implement this Act within ninety (90) days from its eifectivity.
30
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1
2          SEIC.1m. Joint congressional ooersigh± Comndttee on Disaster Res{lSence. :Fbele
3     shall be created a Joint congressional oversight committee on Disaster Reshience to
4     monitor the implemenfation of this Act. The committee shall be composed of six (6)
5     members of the House of Representatives and six (6) members of the Senate to be
6     designated by the speaker of the House of Representatives and the president of the
7      Senate, respectively: Pj'io'z;i.deb That two (2) members of the House of Representatives
8      and  two  (2)  Senators  shall  come from  the  Minority  Of their respective  houses  Of
9      Congress.  The  Committee  shall  be jointly  chaired  by  a  Member  Of the  House  of
10      Representatives   and   a   Senator   designated   dy   the   Speaker   of   the   House   Of
11      Representatives and the FTesident of the senate, respectively.
12
13          The Joint congressional oversight committee on Disaster Resilience shall be assisted
14     by a secretariat to be composed by personnel under secondment from the senate and
15      the House of Representatives-and may retain consultants.
16
17           SEC.102. Mflnd¢fer]/ Hcut.c«7. -Within five (5) years after the effedivity of this Act,
18      or as the need arises, the congressional oversight committee shall conduct a systermtic
19      evaluation of the accomplishments and impacts of this Act, as weH as the performance,
20     and organizational structure of the Deparinent, for purposes of determining remedial
21      legislation.
22
23           SEC.103. J#ferpre£¢froEL -Any doubt in the interpretation of any provision of this
24      Act shall be resolved in favor of a liberal interpretation that will furm the ortyectives of
25      this Act, especially in relation to the pro`dsion of effective, efficient, and timely disaster
26      response, rehabilitation, and recovery.
27
28           SEC.  104.  Sqpflriflbe.Jirty  Chaase  -  If any  provision of this  Act shall be  declared
29     unconstitutional or invalid, the other provisions or parts thereof not otherwise affected
30      shall remain in full force and effect.
76


1
2           SEC.105. Rap€flz..rig chaus€+ -The provisions of Republic Act No.10121, otherwise
3      knonm as the "Philippine Disaster Risk Reduction and Management Act Of 2010";
4      Republic Act No. 7160, otherwise known as the "Lcx:al Government Code Of 1991";
5      Republic Act No. 7916, otherwise known as `-.-. 1-.he special Economic zone Act of 1995";
6     and  all  other  laws,  decrees,  executive  orders,  proclamations  and  other  executive
7      issuances, -w'hich are rLot coriisisterLt TyviJULLL cr corLtrary to Ju-lie pro-v-isio*is cf Lu[ds All, are
8     hereby repealed or amended.
9
1o          SEC.106. £#eed.t".ty. -This Act shall take effect fifteen (15) days after its publication
11     in the orficial Gazette or in newspaper circulation.
12
13           Approved,
77