Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL no9242

Introduced by REPRESENTATIVE JOEL MAYO Z. ALMARIO

EXPLANATORY NOTE

There is an urgent movement worldwide acknowledging the need to increase efforts
in disaster risk management and climate change adaptation to ensure the development of
safe and sustainable societies. The Philippines is not and should not be an exemption.
Ranked 3" in the 2017 World Risk Report for highest exposure and risk to natural hazards,
the importance of addressing this vulnerability becbmes even more obvious

In line with this, this bill is being filed to create the Department of Disaster
Resilience (DDR) which shall be primarily responsible for the development of safe,
adaptive, and disaster-resilient communities. The DDR shall focus on natural hazards
and climate change and will respond to three key result areas to wit: Disaster Risk
Reduction, Disaster Preparedness and Response, and Recovery Building.

Key features of the bill include 1) a clear division of responsibility for disaster
preparedness and response; 2) streamlining of procurement rules for disaster and
climate adaptation purposes; 3) specialized rules on hiring of local disaster resilience
offices and human resources; 4) the operationalization of the National Disaster
Operations Center and its corresponding Alternative Command and Control Centers;
and 5) the establishment of the Disaster Resilience Research and Training Institute.

A similar version of this bill was approved on third and final reading during
the 17 Congress. Support for this bill is once again earnestly sought,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGR!

HOUSE BILL NO. __

Introduced by REPRESENTATIVE JOEL MAYO Z. ALMARIO

AN ACT
CREATING THE DEPARTMENT OF RESILIENCE, DEFINING ITS POWERS AND
FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. SHORT TITLE - This Act shall be known as the "Disaster Resilience
Act of 2019".

SECTION 2. DECLARATION OF PRINCIPLES - The State recognizes that:

a. The Philippines is one of the countries most vulnerable to
climate change and various kinds natural hazards, including,

among others, typhoons, earthquakes, floods, volcanic

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eruptions, landslides, storm surges, and drought;


b. Tremendous physical and economic losses are sustained by the
country, and in certain cases, damage to our national, cultural,
and historical heritage each time such natural hazards wreak

havoc on an unsuspecting and unprepared populace;

c. There is an urgent need to establish a focused, streamlined,

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independent, empowered, capacitated, full-time, specialized

9 agency on disaster risk reduction and management as well as
10 emergency response which is national in scope and civilian in
a character;

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14 d. The people are the most important assets of the nation, and all
15 disaster risk reduction and management efforts shall be
16 responsive to the humanitarian needs of the people, the dignity
17 and value of the human person, and respect for property.

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19 Towards this end, the state shall endeavor to ensure:

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21 a. That a_ strategic, systematic, continuous, comprehensive,
22 inclusive, and integrated approach to disaster risk reduction and
23 management is established, with the end view of substantially
24 reducing vulnerabilities and the risk of disasters and other
25 humanitarian emergencies, towards the preservation of life and
26 property, thereby ultimately preventing or deterring the loss of
27 lives and the social, economic, cultural, and environmental
28 assets of the country;

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30 b, That a permanent, _institutionalized, cohesive and
31 comprehensive framework for disaster _ preparedness,


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prevention and mitigation, and response, is adopted, to be
implemented by a highly specialized and focused agency bearing
its own mandate, powers, and funding, in coordination and with
the participation of the Philippine government, other foreign
governments and financial institutions, _ international

organizations, the private sector, and civil society;

‘That the differing concerns and needs of various sectors or those
with higher vulnerabilities such as women, children, elderly,
persons with disabilities, and indigenous peoples, are
specifically served, with respect to disaster resilience and

disaster management;

|. The implementation of the principles, concepts and action plans

of climate change and disaster risk reduction contained in
international and national frameworks and commitments in
various phases of policy formulation, development and
investment plans, poverty reduction strategies and other
development touls, and techniques by all national and local
agencies, institutions and instrumentalities of the government
to enhance the country’s capacity for climate change adaptation

and mitigation;

To inculcate a culture of resilience and preparedness for natural
disasters at the national, regional and loca} levels, and adopt a
whole-of-society approach in disaster resilience to enhance
collaboration, planning, and dialogue among all sectors of
society, and in improving their strategies and/or action plans for

disaster risk reduction.


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SECTION 3. DEFINITION OF TERMS As used in this Act the following terms shall

mean the following:

a) Adaptation - shall refer 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;

b) Assisting Actor - shall refer to any Assisting International Actor and any

Assisting Domestic Actor responding to a disaster in the country;

©) Assisting Domestic Actor - shall refer to any not-for-profit entity

established under domestic laws, which is responding to a disaster in the country;

a) Assisting International Actor - shall refer to any foreign state,
organization, entity or individual responding to a disaster within or transiting
through the country to respond to a disaster in another country;

e) Biological Hazards - shall 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-

causing agents;

f) Build Forward Better - shall refer to an approach to building and/or
reconstructing an area or community which entails a shift from simple recovery

and restoration to safer, more adaptive, resilient, and inclusive communities;

g) Business Continuity - shall refer to the capacity of a business entity to
continue the delivery of its products and/or services at acceptable pre-defined

levels following a disruptive incident;


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h) Capacity - shalll refer to the combination of all strengths, attributes and
resources available within a community, society or organization that can reduce
the level of risk, or impacts of a disaster. Capacity may include infrastructure and
physical means, institutions, societal coping abilitics, as well as human knowledge,
skills and collective attributes such as social relationships, leadership and

management. Capacity may also be described as capability.

i) Civil Society Organization (CSO) - shall 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. They have a presence in public life
expressing the interests and values of their members or other, based on ethical,
cultural, scientific, religious or philanthropic considerations. CSOs include non-
government organizations (NGOs), professional associations, foundations,
independent research institutes, community-based organizations (CBOs), faith-

based organizations, people's organization, social movements, and labor unions;

j) Climate Change - shall refer to a change in the state of the climate that can
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ied by changes in the mean and/or the variability of its properties, and
that persist in an extended period, typically decades or longer, whether due to
natural variability or as a result of human activity as defined under Republic Act
No. 9729, otherwise known as the "Climate Change Act of 2009". These include
internal pracesses 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;

k) Climate Mitigation - shall refer to efforts to reduce or limit greenhouse

gas emissions or enhance greenhouse gas sequestration;


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1) Cultural Heritage - shall refer to the totality of cultural property

preserved and developed through time and passed on to posterity;

m) Contingency Planning - shall refer 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 cnable

timely, effective and appropriate responses to such events and situations;

n) Department - shall refer to the Department of Disaster Resilience or the
DDR;

0) Development Assistance - shall refer to any financial, material or other
forms of assistance to support the economic, social, and environmental well-being

of areas and/or people affected by a natural disaster;

p) Disability - shall refer to an evolving concept that results from the
intersection between persons with impairments, societal barriers, as defined
under Republic Act No. 7277, and attitudinal and environmental barriers that
hinder their full and effective participation in society on an cqual basis with

others.;

q) Disaster - shall refer to a serious disruption of the functioning of a
community or a society involving widespread human, material, economic or
environmental losses and impacts, which exceeds the ability of the affected
community or society to cope using its own resources, Unless otherwise used

specifically in this Act, the term “disaster” shall refer to “natural disaster";

+) Disaster Contingency Fund - shall refer to a fund, in lump-sum form,
managed by the Department to expediently provide funds and resources for

disaster relief or response in affected areas;


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s) Disaster Mitigation or Mitigation - shall refer to the lessening or
limitation of the adverse impacts of hazards and related disasters. Mitigation
measures include hazard-resistant structures as well as improved environmental,
land use planning, climate change and other sectoral policies and public

awareness;

t) Disaster Preparedness - shall refer ta the knowledge and capacities

developed by governments, professional, professional response and recovery

organizations, communities and individuals to effectively anticipate, respond to,
and recover from, the impacts of likely, imminent or current hazard events or
conditions. It includes preparedness for response such as contingency planning,
stockpiling of equipment and supplies, the development of arrangements for
coordination, evacuation, and public information, and preparedness for recovery

such as procurement of land for resettlement sites;

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

any likely earthquake;

v) Disaster Resilience - shall refer 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 and/or the long-term impact of climate

change in a timely and efficient manner, including through the preservation and


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restoration of its essential basic structures and functions through risk

management;

w) Disaster Response - shall refer ta the provision of emergency services
and public assistance during or immediately after a disaster in order to secure and
save lives, reduce health impacts, ensure public safety and meet the basic
subsistence needs of the people affected. Disaster response includes disaster relief

focused on immediate and short-term needs of the victims and the vulnerable.

x) Disaster Resilience Fund - shall refer to the budget managed by the
Department, which includes funds appropriated to it by Congress pursuant to an
Appropriations Act, the Disaster Contingency Fund, and the Rehabilitation and

Recovery Fund;

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

environment;

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

interests, exercise their legal rights and obligations, and mediate their difterences;

aa) Disaster Risk Management (DRM) - shall refer to the systematic process
of using administrative directives, organizations, and operational skills and


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capacities to implement strategies, policies and improved coping capacities in
order to lessen the adverse impacts of hazards and the possibility of disaster;

bb) Disaster Risk Reduction (DRR) - shall refer to the prevention of new,
and/or reduction of existing, disaster risk(s) and the management of residual risk,

to enhance resilience to disasters;

cc)Early Warning System ~ shall refer to an integrated system of hazard
monitoring, forecasting and prediction, disaster risk assessment, and
communication and preparedness activities and processes that enable
individuals, communities, national government agencies, local government units,
the private sector, and others to take timely action to reduce disaster risks and

adequately prepare for disasters;

did) Eligible Assisting Actor - shall refer to any assisting actor that has been
determined to be eligible to receive legal facilities as provided for in this Act

and/or its Implementing Rules and Regulations (IRR);

ee) Emergency - shall refer to an unforeseen or sudden occurrence,

especially danger, demanding immediate and decisive action;

ff) Emergency Management - shall refer ta the organization and
management of resources and responsibilities for addressing all aspects of

emergencies, in particular preparedness, response and initial recovery steps;

gg) Environmental Hazards ~ shall refer to the hazards that may he
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


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drivers of hazard and risk rather than hazards themselves, such as soil

degradation, deforestation, loss of biodiversity, salinization, and sea-level rise;

hh) Exposure - shalll refer to the degree to which the elements at risk are

likely to experience hazard events of different magnitudes;

ii) Geographic Information System (GIS) - shall refer to a system used to
capture, store, manipulate, manage and display all types of spatial or geographical
data;

i) Geographically Isolated and Disadvantaged Area (GIDA) - shall refer to
areas with a marginalized population, which is physically and socio-economically
separated from the mainstream society and characterized by physical factors
isolated due to distance, weather conditions and transportation difficulties
(island, upland lowland, landlocked, hard-to-reach and underserved
communities), and/or socio-economic factors (high poverty incidence, presence
of vulnerable sector, communities in or recovering from situation of crisis or

armed conflict);

kk) Geological or Geophysical Hazards - shall refer to the hazards that
originate from internal earth processes, such as earthquakes, volcanic activities
and emissions, and related geophysical processes, which include mass
movements, landslides, rockslides, 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 others
geological events, they essentially become an oceanic process that is manifested

as a coastal water-related hazard;

Il) Hazard - shall refer to a phenomenon, substance, human activity or

condition that may cause loss of life, injury or impacts to health; social and

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economic disruption, environmental damage, or loss off disruption to property,

livelihood, and/or services;

mm) Historical Landmarks - shall refer to sites or structures that are
associated with events or achievements significant to Philippine history as
declared by the National Historical Institute or the applicable agency;

nn) Human-Induced Hazard - shall refer to an event that is caused by
humans and occur in or close to human settlements or a particular environmental
area. This can include environmental degradation, technological or industrial
conditions, pollution, accidents, e, g, high density events, industrial and transport
accidents, complex emergencies, armed conflict, situations of generalized or

organized violence, and violation of human rights;

00) Humanitarian Assistance - shall refer to financial, material or other
similar forms of assistance to address the immediate needs of people affected by
a natural disaster;

pp) Hydrometeorological Hazards - shall refer to hazards that are of
atmospheric, hydrological, or oceanographic origin, such as tropical cyclones (also
known as typhoons and hurricanes); floods, including flash floods; drought; heat
waves and cold spells; and coastal storm surges. Hydrometeorological conditions
may also be a factor in other hazards such as landslides, wildland fires, locust
plagues, epidemics, and in the transport and dispersal of toxic substances and

volcanic eruption material;

qq) Impact and Needs Assessment - shall refer to the assessment of the
nature and magnitude of a disaster, its impact on affected populations, the type
and extent of emergency, and the requirements for recovery and rehabilitation of

affected area(s);

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tr) Immediate Danger - shall refer to a situation where, on the basis of
official forecasts, it could reasonably be expected that a disaster will occur in a
particular geographical area and within an estimated period of time, and where

necessary preparedness actions or financing are required;

ss) Integrated Disaster Resilience Information System - shall refer to a
specialized database, which contains, among others, information on disasters and
their human, material, economic and environmental impact, risk assessment and

mapping, and vulnerable and marginalized groups;

tt) International Disaster Relief and Initial Recovery Period - shall refer to
the period that commences upon the issuance of a request for international
disaster assistance or upon acceptance of an offer, and shall continue until

terminated, pursuant to guidelines set in the Implementing Rules and Regulations;

uu) Internally Displaced Persons - shall refer to persons or groups of
persons who have heen forced or abliged to flee or to leave their homes or places

of habitual residence within national borders;

‘w) International Personne! - shall refer to staff and volunteers of any
assisting actor providing disaster relief or initial recovery assistance being
persons who are neither citizens of nor domiciled in the Philippines prior to their

recruitment of the international assisting actor;

ww) Land Use Planning - shall refer to the process undertaken by public
authorities to identify, evaluate and decide on different options for the use of land,
including consideration of long-term economic, social and environmental

objectives and the implications for different communities and interest groups, and

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the subsequent formulation and promulgation of plans that describe the

permitted or acceptable uses;

xx) Legal Facilities - shall refer to entitlements and exemptions that are
granted to Assisting Domestic or International Actors that are declared to be

eligible pursuant to this Act and its implementing rules and regulations’;

yy) Local Disaster Resilience Plan (LDRP)- shall refer to a document
prepared by an LGU based on the National Disaster Resilience Framework (NDRF)
and the National Disaster Resilience Plan and Investment Plan (NDRPIP) that sets
out specific programs, objectives and goals to implement disaster risk
management and climate change adaptation measures at the local level. The plan
includes, among others, an evaluation and analysis of emerging disaster risks,

hazards and vulnerabilities applicable to an LGU, and specific programs and

ives to ensure responsive, effective, and appropriate disaster preparedness

and managements at the local level;

72) National Continuity Policy - shall refer to a comprehensive national
policy consisting of a set of programs and projects aimed at capacitating the
government to ensure the continuity of governance and the delivery of public

services during and after any disaster;

aaa) National Disaster Resilience Framework (NDRF) - shall refer to
framework that provides for a comprehensive, multi-sectoral, whole-of-
government, and whole-of-society approach to attaining safe, adaptive, and
resilient communities that can resist, prevent, mitigate against, absorb,
accommodate, adapt to, recover, or build back better form the effects of a natural
hazard in a timely and efficient manner through, among others, disaster risk

reduction and management, and climate change adaptation and mitigation.

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The NDRF shall be composed of a National Disaster Risk Reduction and
Management Framework (NDRRMF), and National Framework Strategy on
Climate Change (NFSCC);

bbb) National Disaster Resilience Plan and Investment Program (NDRPIP) -
shall refer to a plan formulated and implemented by the national and local
governments, in collaboration with NGOs, the private sector, academe,
international development partners, and others, 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. The NDRPIP shall also include,
among others, goals, objectives and action plans for a national continuity policy. It
shall be in conformity with the national disaster risk reduction and management

framework;

ccc) Natural Hazard - shall refer to naturally occurring physical
phenomena caused either by rapid or slow onset events, which can be geological
(earthquakes, ground rupture, liquefaction, landslides, tsunamis, sinkholes, and
volcanic activity), hydrological and meteorological (floods, sever winds, typhoons,
storm surges), climatological variability (extreme temperatures, El Nino, La Nifia,

forest fires), or biological (disease, epidemics and insect/animal plagues);

ddd) Open Data - shall refer to a set of data that can be freely used, shared
and built-on by anyone, anywhere, for any purpose, it must be available in bulk,
and should be available free of charge, or at least at no more than a reasonable
reproduction cost. The information should be digital, preferably available by
downloading through the internet, and easily processed by the end-user's
computer. The data must permit people to use, re-use, and redistribute it,
including inter mixing it with other data sets and distributing the results. Lastly, it

does not allow conditions to be places on how people can use such data but permit

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a data provider to require that data has been changed, or that any new datasets
created using their data are also shared as open data;

eve) Pre-Disaster Recovery Plan (PDRP) - shall refer to a plan intended to
help
government officials working in small communities or across an entire nation, to
define and follow a process to pre plan for disaster recovery, and thereby

strengthen their own future recovery efforts and outcomes;

fff) Pre-Disaster Risk Assessment (PDRA) - shall refer to a process to
evaluate a hazard's level of risk given the degree of exposure and vulnerability in
a specific area likely to be affected by an imminent hazard. It presents the possible
impacts on the population and forms a basis to determine the appropriate level of
response actions from the national level government agencies down to the local

government units. It is hazard-specific, area focused, and time-bound;

8gg) Recovery - shall refer to rehabilitation measures that ensure the ability
of
affected communities or areas to return their normal level of function in by
restoring livelihoods and services, reconstruction of damaged infrastructures and

increasing the communities’ organizational capacity;

hhh) Rehabilitation - shall refer to restoration of basic services and
facilities for the functioning of a community or a society affected by a disaster;

iii) Response - shall refer to any effort to provide assistance or intervention
during or immediately after a disaster to meet the life preservation and basic
subsistence needs of affected people and communities, and in the restoration of

essential public activities and facilities;

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jij) Retrofitting - shall refer to the reinforcement of upgrading of existing
structures to make them more resistant and resilient to the damaging effects of

hazards;

kkk) Risk Assessment - shall refer to a methodology to determine the nature
and extent of risk by analyzing potential hazards and evaluating existing
conditions
of vulnerability that together could potentially harm exposed people, property,
services, livelihood and the environment on which they depend;

I) Risk Transfer - shall refer to the process of formally or informally
shifting the financial consequences of particular risks from one party to another
whereby a household, community, enterprise or state authority will obtain
resources from the other party after a disaster occurs, in exchange for ongoing or

compensatory social or financial benefits provided to that other party;

mmm) Safety Stock - shall refer to items, such as raw materials, component
parts, or finished goods, maintained in inventory to reduce the risk that such item
will be out of stock, in anticipation of unforeseen shortages or unusual demand for

such items;

nnn) Service Continuity - shall refer to the capacity of a government
instrumentality to continue delivering its mandated outputs and/or services to
the public during and after a disaster;

000) State of Calamity - shalll refer to a condition involving endangered to
and/or loss of lives, damages to property, economic and/or social disruption,
interruption and/or loss of livelihood and/or services, and destruction and/or
damages to infrastructure as a result of natural disaster(s) or related hazard(s);

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ppp) Simplified or Pre-arranged Contract - shall refer to a written
agreement in the nature of an option contract between the procuring entity on one
hand, and
the most responsive and lowest calculated bidder on the other, granting the
procuring entity the option to either place an order for any of the goods identified

therein or riot buy at all, within a given period of time;

qqq) Sustainable Development - shall refer to development that meets the
needs of the present without compromising the ability of future generations to
meet

their own needs;

rrr) Volunteers - shall refer to individuals, groups or entities that offer
and/or provide services or assistance, without compensation, to help people

and/or areas affected by disasters;

sss) Vulnerability - shall refer to the conditions determined by physical,
social, economic, organizational, and environmental factors or processes, which
increase the susceptibility of an individual, a community, assets or systems to the
impacts of hazards;

ttt) Whole-of-Society Approach - shall refer to an approach that encourages
the meaningful and active participation and synergy of the different stakeholders
of saciety toward climate change adaptation and mitigation, and disaster risk

reduction and management at the national and local levels;

uuu) Whole-of-Government Approach - shall refer to an approach that
instills and fosters collaboration among all government instrumentalities both at
the national and local levels toward shared sustainable development goals and

outcomes; and

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vw) Whole-of-Nation Approach - shall refer to an approach that seeks to
bring about a concerted effort towards sustainable development, national peace
and security by creating consensus and understanding of development and
security that is shared not just among core security forces and oversight
government institutions, but also by the nation’s stakeholders, e. g. government,

civil society, private sector, and the communities.

ARTICLE It
THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS:

SECTION 4. CREATION OF THE DEPARTMENT OF DISASTER RESILIENCE -
There is hereby created the Department of Disaster Resilience, hereinafter
referred to as the

Department.

The Department shall be the principal government institution responsible
for ensuring safe, adaptive, and disaster-resilient communities. It shall lead,
spearhead, initiate, and integrate the crafting and implementation of
comprehensive, continuous, and strategic plans, programs, projects and activities
to reduce the risk of all types of natural hazards and effects of climate change, and
manage the impact of disasters with the primordial goal of saving lives and
minimizing damage to property, in close collaboration with all relevant

stakeholders at the national and local levels.

The Department shall oversee and coordinate the preparation,
implementation, monitoring, and evaluation of disaster and climate resilience
plans, programs, projects and activities, provide leadership in the continuous

development of strategic and systematic approaches to disaster prevention,

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mitigation, preparedness, response, recovery and rehabilitation and anticipatory

adaptation strategies, measures, techniques, and options.

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

SECTION 5. POWERS AND FUNCTIONS OF THE DEPARTMENT - The
Department shall exercise and perform the following powers and functions:

Overall functions:

Craft the policies and lead the implementation of the programs, projects
and activities necessary to reduce the country’s vulnerabilities to
natural hazards and climate change, using the PDRP and the relevant

climate change and DRR frameworks as anchors;

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

Oversee, review, and approve the translation, integration, and

implementation

of the NDRPIP into LDRPs;

Communicate and disseminate critical information to help the public

prepare for, respond to, and recover from a disaster;

Receive, manage, and administer the Disaster Resilience Fund, the

Disaster Contingency Fund, donations and other funds, assets and/or

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properties received by the Department to accomplish the purposes of
this Act;

Recommend to the President of the Philippines the declaration of a
state of calamity due to a natural disaster, and the lifting thereof when

conditions stabilize;

rect any government entity to help ensure the attainment of the goals

and objectives of this Act;

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

Advise the President on matters concerning disaster resilience and

make recommendations, as appropriate; and

Perform such other functions, as provided by law or 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;

A. Develop coordinated national, regional, and local strategies for the

effective prevention and mitigation of disaster risk resulting from natural

hazards, including the effects of climate change;

. Monitor and ensure the integration of disaster risk reduction and

management, and climate change adaptation policies into national
development plans;

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C. Establish a disaster resilience information system to facilitate the creation
of an integrated risk assessment platform built from the inputs of
government and private scientific and academic institutions, national
government agencies and local government units, local communities, and
other stakehalders and that is able to provide readily accessible and action

able information for purposes of risk governance and humanitarian action;

D. Formulate plans and programs to establish and implement government
redundancy, service and business continuity, and a National Continuity

Policy, as a high priority and urgent undertaking;

E. Ensure the use of advanced science and technology in anticipatory
planning of communities against the impact of natural hazards and climate
change through consultation, and employment with a regular department

funding the academe or higher education institutions;

F. Develop and implement policies and programs related to the construction
of new settlements or relocation of settlements in safe areas that 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 government departments, government agencies,
government owned or controlled corporations, LGUs, and other

government instrumentalities;

G. Design and implement an incentive system for greater private and public
investment, both at the local and national levels, on disaster risk reduction;

H. Oversee and ensure the mainstreaming of climate change adaptation and

disaster risk reduction in development and land use planning, and the

preparation of contingency plans;

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|. Create an enabling environment that shall promote broader multi-
stakeholder participation for disaster risk reduction and climate change

adaptation and mitigation;

J. Communicate and disseminate critical information to help the public

prepare for, respond to, and recover from a disaster;

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

L, Coordinate directly with local government units and private entities to
address Disaster Risk Assessment (DRA) of regions and provinces at the
meso-scale, cities and municipalities at the micro-scale, and barangays at

the meta-scale;

M. Review and evaluate local disaster resilience plans and other local plans to
ensure their consistency with the National Disaster Resilience Framework;

and

N. Undertake all other programs, projects, and actions necessary to attain the
overall goals and intended outcome of this key result area.

Disaster Preparedness and Response

A. Lead, manage, and collaborate with the relevant government
instrumentalities, non-government stakeholders, and international

partners in providing the minimum hasic needs of people in affected areas

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before, during and/or immediately after a disaster to save lives and

minimize casualties;

. Ensure the efficient prepositioning of goods, maintenance, and disposal of

safety stocks;

.. Prepare pre-disaster recovery plans in anticipation of future disasters by

engaging the community and planning for recovery activities that are
gaging Pl ry

comprehensive and long-term;

.. Establish a corps of first responders in partnership with national and local

stakeholders, both public and private;

Formulate standards for contingency planning for adoption by both

national government agencies and local government units;

'. Recommend to the President of the Philippines the declaration of a state of

calamity due to a natural disaster, and the lifting thereof when conditions
stabilize;

Oversee and maintain a national early warning and emergency alert system
that must provide a specific, areas-focused and time-bound warning that
are accurate, timely, understandable and readily accessible to national and

local emergency response organizations and the general public;
Implement Pre-Disaster Risk Assessments to include deployment of rapid

assessment teams to gather information for precise actions as a basis for

emergency preparedness and humanitarian response;

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I.

Coordinate information-sharing and other disaster risk reduction
protocols following the principle of inter-operability among national

government agencies and local government units;

Establish and maintain a national humanitarian logistics system with a
network of warehouses, transport and resources, including response

assets and disaster relief food and non-food items;

. Call upon the relevant government instrumentalities, non-government

stakeholders, CSOs, and international partners for assistance in ensuring
the protection and preservation of life and property such as through the
use of their resources and facilities, among others. This function includes
the power to call on the reserve force as defined in Republic Act n0. 7077
to assist in search and rescue, and the relief and disaster preparedness and

response operations;

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

Monitor and support LGUs in the management of evacuation centers and
ensure the welfare and dignity of internally-displaced persons;

|. Procure goods and services prior to, during, and after emergencies for

preparedness, response, and recovery activities, including those prompted

bya declaration of a state of calamity or of an imminent disaster;

._ Issue special procurement rules and regulations, in close coordination with

the Government Procurement Policy Board, for preparedness, response,
and recovery activities, including those prompted by a declaration of a

state of calamity or of an imminent disaster;

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P. Assist in mobilizing necessary resources to increase the overall capacity of
local government units, specifically those with low income and situated in

high-risk areas;

Q. By the authority of the President, secure the assistance of the Armed Forces
ofthe Philippines (APP), the Philippine National Police (PNP), DILG-Bureau
of Fire Protection (BFP), DOTr-Philippine Coast Guard (PCG), and other
uniformed services in undertaking disaster preparedness and response

operations in at-risk and/or disaster- affected areas; and

R. Undertake all other programs, projects, and actions necessary to attain the

overall goals and intended outcomes of this key result area.

Recovery and Building Forward Better

A. Prepare, organize, lead, implement, and manage post-disaster assessment
and recovery and rehabilitation programs and plans, in coordination with
the affected local governments units, national government agencies, and
other stakeholders;

B. Establish a system that utilizes templates, exposure database, and other
tools; and develop the Department's in-house capacity for the prompt and
expedient preparation of rehabilitation plans, when needed, for disaster

affected areas;

C. Prepare and implement the recovery and rehabilitation plan(s) for disaster

affected areas;

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D.

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Implement the cluster approach to expedite reconstruction efforts, eg,
post-disaster shelter recovery, and orchestrate and serve as the clearing

house for the participation of assisting actors in such efforts;

Collaborate with relevant government agencies and non-government
stakeholders in undertaking programs and projects to restore and/or
generate livelihood and entrepreneurial activities and opportunities in

disaster-affected areas;

Ensure that the principle of Building Forward Better, not mere restoration,

is applied to all recovery, reconstruction, and rehabilitation efforts; and

Undertake all other programs, projects, and actions necessary to attain the
overall goals and intended outcomes of this key result area.

Other Powers and Functions

A.

B.

CG

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

act;

Provide operating guidelines to the LDROs for the Declaration of Imminent
Disaster in their respective areas, which shall allow them to implement
preemptive measures and use their quick response funds in order to save
lives and minimize damage to property, loss of livelihood, and other assets;

Establish and monitor local and national capacity for disaster risk financing

and insurance and other risk transfer strategies in coordination with the

DoF, GSIS, LBP, and the Insurance Commission;

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. Coordinate information-sharing and other disaster risk reduction

protocols following the principle of inter-operability among National
Government Agencies and Local Government Units, before, during, and
ater a disaster;

. Administer, mobilize, monitor, and oversee the utilization of disaster

resilience-related funds, including, but riot limited to, the National Disaster
Resilience Fund and the Supplemental Disaster Resilience Support Fund
for low income provinces, cities, and municipalities, and multi-hazard local

government units;

. Inspect and examine the status of projects, programs, and activities

undertaken by national government agencies and local government units
in furtherance of disaster resilience efforts;

. Whenever it becomes necessary, to save lives and/or minimize damages to

livelihood and property, assume supervision over the implementation of
any government program. project, or activity in anticipation of, during, and
in the aftermath of a disaster;

. 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;

Manage all funds appropriated to it by law and from other sources,
including all donations and grants received by it;

Promulgate rules and regulations for the receipt, management, and

accounting of donations that are consistent with the rules of the

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Commission on Audit (CoA) on the use of foreign and local aid during

calamities and disasters;

. Receive humanitarian assistance from local and foreign sources,

recommend the acquisition of developmental assistance for the purpose of
disaster resilience, acknowledge and certify the receipt of all humanitarian

assistance, and ensure their judicious use and management;

Establish and operate a platform, including an online platform, ta monitor
and provide public access to information on humanitarian assistance

received by the Department;

Secure the assistance of the AFP, PNP, DILG- BFP, DOTr-PCG, and other
uniformed services and government instrumentalities to ensure the
attainment of the three key result areas, and the overall goals and
objectives of this Act;

In consultation with the CoA, promulgate rules and regulations for the
retention, re- exportation, donation, and disposition of unused goods and
equipment after the termination of disaster relief and initial recovery

operations;

. Assist appropriate national government agencies and offices and

concerned local government units in protecting national cultural heritage
including national treasures and national historical landmarks, sites or

monuments from hazards and disasters; and
Perform such other functions, as provided by law or assignment of the

President, and undertake the necessary actions to ensure the attainment of

the overall goals and objectives of this Act.

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ARTICLE IL
EMERGENCY MEASURES

SECTION 6. EMERGENCY MEASURES -

a, The Department shall undertake and implement such immediate
measures as may be necessary to ensure the protection and preservation of life or
property in anticipation of, during, and in the aftermath of emergencies, hazards
and disasters, including preemptive and forced evacuations.

Local government units shall enact an ordinance on and implement
necessary and appropriate emergency measures, including preemptive and forced
evacuations, to ensure the protection and preservation of life or property in

anticipation of, during, and in the aftermath of disasters.

it shall be mandatory for Local Government Units to provide evacuation
centers, with due cunsideration to the capacity of local facilities, when requested
by the Department, in anticipation of, during, and in the aftermath of emergencies,
hazards and disasters. In providing such evacuation centers, duc regard shall be
given to the most vulnerable and marginalized groups, respecting the dignity and
culture of persons, observing equality, and using proportionate force in

implementing such emergency measures.

Preemptive evacuation shall be preferred as the primary mode of moving
people that will be affected by disasters,

Forced evacuation shall be considered as an emergency measure of last
resort, and shall be carried out by the affected local government unit, pursuant to
a duly issued order by the local chief executive: Provided; That in case of the failure

of the local chief executive to issue such an order, the forced evacuation shall be

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implemented by the Department, which may direct and compel the assistance of
law enforcement and other related government agencies to implement such

measure.

Any person who willfully and deliberately disregards or disobeys
preemptive or forced evacuation implemented by the local government unit or the
Department, as the case may be, releases such local government unit or the
Department from any liability for injury, death, damage to, or loss of property due
to such disobedience.

b. Whenever necessary, the Department may recommend to the President
the calling out of the Armed Forces of the Philippines to prevent or suppress

lawless violence occurring before, during, and in the aftermath of disaster;

c. The Department may ration the distribution of basic goods in critical
shortage, and/or restrict or ban the transfer of such goods outside the area

covered by the emergency measure;

d. The Department may temporarily take over or direct the operation of
any private utility or business for urgent public purpose in anticipation of, during,
and in the aftermath of emergencies, hazards, and disasters and or if there is
imminent danger of loss of lives and/or damage to property, subject to the

payment of just compensation;

e, Local government units shall likewise enact the abovementioned
emergency
measures including preemptive and forced evacuations, to ensure the protection
and preservation of life or property in anticipation of, during, and in the aftermath
of disaster;

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F. With the concurrence of the DoF, the Department shall recommend to
the Monetary Board the deferment of payment for monetary debts of LGUs and/or
private entities that have been affected by disasters.

ARTICLE IV,
ORGANIZATION AND MANAGEMENT

SECTION 7. SECRETARY - The Department shall be headed by the Secretary of
Disaster Resilience, hereinafter referred to as the Secretary, who shall be
appointed by the President, subject to confirmation by the Commission on

Appointments.

‘The Secretary shall preferably have a solid background in any of the

sciel

ic, engineering, and public management fields relevant to resilience to

natural hazards and climate change; and demonstrated managerial acumen.

SECTION 8. POWERS AND FUNCTIONS OF THE SECRETARY - The Secretary

shall exercise the following powers and functions:

a. Establish and promulgate policies, rules, and regulations for the effective
and efficient operation of the Department and implement these to carry out its
mandate, functions, programs, and activities;

b. Exercise executive direction over the operations of the Department and

administrative supervisions aver its attached agencies;

c. Exercise control and supervision over all functions and activitics of the
Department and its officers and personnel;

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d. Appoint officers and employees of the Department, except those whose
appointments are vested in the President, in accordance with civil service law,

tules, and regulations;

e. Exercise disciplinary authority over officers and employees of the
Department in accordance with law, and investigate such officers and employees,

or designate a committee or officer to conduct an investigation;

£ Manage the financial, human, and other resources of the Department;

g- Collaborate with other government agencies, the private sector, and civil
society organizations on the policies, programs, projects, and activities of the

Department, as may be necessary;

h. Advise the President on the promulgation of executive and
administrative issuances and the formulation of regulatory and legislative

proposals on matters pertaining to disaster resilience;

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;
and

j. Perform such other functions as may be provided hy law or assigned by
the President.

SECTION 9. UNDERSECRETARIES - The Secretary shall be assisted by at least
four (4) Undersecretaries, who shall be responsible for the following functional
areas, including the establishment of a robust and responsive ICF system to

effectively support the mandate and operations of the Department:

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a, Disaster Risk Reduction - the formulation, adoption, and implementation of
policies and programs to reduce existing and future disaster risks to
minimize loss and damage to lives and properties, including the formulation
of the required policies and programs in the NDRF and relevant national
investment

plans;

b. Disaster Preparedness and Response - the implementation of projects
and programs to prepare and respond to disasters, including the
enhancement of capabilities of local government units, the development of
a database of exposure or elements at risk per area and database of
volunteers, the establishment of safe and strategic evacuation centers, and
the implementation of responsive and cfficient prepositioning and
distribution of goods;

c. Recovery and Building Forward Better - the formulation and
implementation of rehabilitation plans for disaster-affected areas and
ensuring the implementation of disaster recovery and rehabilitation
measures, such as post-disaster shelters and livelihood projects, in
collaboration with relevant government agencies, local government units,
and other stakeholders; and

d. Support to Operations - the formulation and implementation of policies,
programs, projects, and activities to ensure the efficient, effective, and
responsive performance of the Department's mandate, powers, and
functions,

e. Support to operations includes knowledge management, institutional
development and planning, finance, administration, and human

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resources management. The Undersecretaries shall have operational
control and supervision over the bureaus, divisions, offices, and units

assigned to their respective functional areas.

SECTION 10. ASSISTANT SECRETARIES AND DIRECTORS - The Department
shall have such number of Assistant Secretaries and Directors as may be necessary
for the effective and efficient implementation and performance of its mandate,

powers, and functions.

SECTION 11. QUALIFICATIONS - All the Undersecretaries, Assistant Secretaries,
and other officials of the Department shall preferably be specialists and have a
good track record in any of the following fields, as applicable to their mandated
key result areas and functions: disaster risk reduction and management, science
and technology, environmental science or management, urban planning, civil
engineering, public finance, information and communications technology,
logistics management, mass communication, among other fields directly relevant

to ensuring the country’s disaster resilience,

‘The appointing authority and other responsible officials shall ensure that
the Department's human resources possess the competencies, skills, behavioral
attributes, training and experience necessary for them to become efficient,
effective, and responsive in performing their functions and contribute to the

attainment of the overall goals and delivery of the intended outcomes of this ACL.

SECTION 12. STRUCTURE AND STAFFING PATTERN -The Department shall
determine its organizational structure and staffing pattern and create such
services, divisions, and units, as it may require or deem necessary, subject to the
approval of the Department of Budget and Management.

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SECTION 13, REGIONAL DISASTER RESILIENCE OFFICES - The Department
shall establish and maintain Regional Disaster Resilience Offices (RDROs) in each
administrative region, to be headed by a Regional Director. The Department shall
create policies and programs to establish collaboration and coordination among
the

different RDROs.

SECTION 14, POWERS AND FUNCTIONS OF RDROs - The RDROs shall have the

following powers and functions:

a. Review the LDRPs and Provincial DRPs of LGUs within its jurisdiction,
and require the amendment of such LDRPs and/or Provincial DRPs if
necessary, to

ensure compliance with the NDRF and relevant national investment plans;

b. Monitor and direct LDROs and PDROs to implement their respective
LDRPs and PDRPs;

c. Recommend to the appropriate local legislative body the enactment of
ordinances to implement the LDRP, NDRF and relevant national
investment plans at the city, municipal or provincial level, and to comply
with other requirements of this Act;

4. Review reports on the utilization of the LDRF and other disaster risk and
management resources of LGUs within its jurisdiction, and give

recommendations, as necessary;

e. Disburse to, and monitor the use by, LGUs of funds granted by the
Department pursuant to this Act and its IRR;

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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/Provincial LDRPs, NDRF and relevant national
investment plans, and to render efficient and timely disaster preparedness,

response and recovery measures;

4g. Identity 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;

h. Formulate and establish mechanisms to mobilize and direct LDROs and
PDROs wi

in its jurisdiction as necessary for disaster preparedness and

response at the regional level;

i, Establish and maintain, in coordination with the Department, a Regional
Command and Control Center (RCC), which includes, among others, an
information management system at the regional level, which consolidates
and integrates information from the provinces, cities and municipalitics
within its jurisdiction, a multi-hazard early warning and communications
system, and a monitoring system that enables the RDRO to oversee,
supervise, monitor and respond to the needs of LGUs within its jurisdiction

in relation to disaster resilience acti

j, Assist in the implementation, of rehabilitation plan(s) for LGUs within its

coverage: and

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

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‘SECTION 15. SPECIAL DISASTER RESPONSE TEAMS - The RDROs may organize
and/or activate Special Disaster Response Teams (SDRTs) to assist LGUs in
responding to hazards and disasters that are beyond their capacities, as deemed

necessary.

SECTION 16. LOCAL DISASTER RESILIENCE OFFICES - The Local Disaster Risk
Reduction Management Offices in provinces, cities, and municipalities are hereby
renamed as the Provincial, City, and Municipal Disaster Resilience Offices,
respectively, and shall collectively be called the Local Disaster Resilience Offices
(LDROs). Provincial, city, and municipal governments shall establish their
respective LDROs.

The Barangay Disaster Risk Reduction and Management Committees are
hereby renamed as the Barangay Disaster Resilience Committees (BDRC). All

Local Disaster Risk Reduction Management Councils are hereby abolished.

The LDROs shall be under the control and supervision of the provincial
governor or the city or municipal mayor, as the case may be, The budgetary
requirements for personnel services, maintenance and other operating
expenditures, and capital outlay of the LDROs shall be sourced from the General
Fund of the local government units concerned: Provided; That, the personal
services limitations under Section 325(a) of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, shall not apply in relation to the
creation and appointment of at least five (5) positions in the LDROs, Other
maintenance and operating expenditures and the capital outlay requirements of
LDROs in the implementation of disaster risk reduction management and climate
change adaptation programs shall be charged to the Local Disaster Resilience
Fund of local government units.

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SECTION 17. LOCAL DISASTER RESILIENCE OFFICER - The LDRO shall be
headed by a full-
plantilla position and shall be appointed by the local chief executive: Provided,

ime Local Disaster Resilience Officer, who shall have a regular

That the qualifications standards pertaining to experience and training set by the
Civil Service Commission for the position may be waived hy the Department in
exceptional cases upon the request of the local chief executive.

SECTION 18. POWERS AND FUNCTIONS OF CITY AND MUNICIPAL DISASTER
RESILIENCE OFFICES - The City and Municipal Disaster Resilience Offices shall
have the following powers and functions:

a. Formulate and implement, in coordination with the Department,
comprehensive and integrated Local Disaster Resilience Plan in accordance with

the NDRF and the relevant national investment plans;

b. Design, program, coordinate, and implement disaster resilience activities
consistent with the standards and guidelines provided by the Department, and
implement the NDRF and the relevant national investment plans at the city or

municipal level;

¢. Prepare and submit to the Sangguniang Panglungsod or Bavan, as the
case may be, the LDRP, the proposed programming of the LDR Fund, other
dedicated disaster resilience resources, and other funds of the LDRO;

d, Recommend to the Sangguniang Panglungsod or Bavan, as the case may
be,
the enactment of ordinances to implement the LDRP, NDRF, relevant national

investment plans, and the provisions of this Act;

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e. Prepare and submit to the Department a report on the utilization of its
Disaster Resilience Fund and other disaster risk reduction and management

resources;

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

hospitals and evacuation centers);

Operate and maintain, in coordination with the Department, a muiti-
hazard early warning and communications system to provide accurate and timely

information to the public;

h. Organize and conduct training and knowledge management activities on
disaster resilience at the local level, in coordination with the Disaster Research,

Education, and Training Institute;

i, Recommend to the local chief executive the procurement of emergency
works, goods, and services in compliance with the regulations, orders, and policies
of DBM and Government Procurement Policy Board (GPPB), to implement the

LDRP or support early recovery and post-disaster activities;

j. Recommend, in coordination with the DoF and other relevant agencies,
to the local chief executive, access to foreign loans to finance projects, programs,
and policies for disaster preparedness, response, recovery, and rehabilitation,
subject to terms and conditions agreed upon by the local government unit and the

lender;

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

procedures of the Department and applicable laws;

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

m. Coordinate 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/network and coordination mechanisms with other
LGUs and the Department for disaster resilience activities and to achieve the

purposes of this Act; and

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

SECTION 19, POWERS AND FUNCTIONS OF PROVINCIAL DISASTER
RESILIENCE OFFICES - The Provincial Disaster Resilience Offices shall have the
following powers and functions:

a. Formulate and implement, in close coordination with the Department
and the local government units under the jurisdiction of the provincial
government, a comprehensive and integrated Provincial Disaster

Resilience Plan in accordance with the NDRF;

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

c. Design, program, coordinate, or implement disaster resilience activities
consistent with the standards and guidelines provided hy the Department,
and implement the NDRF and the relevant national investment plans at the
provincial level;

d, Prepare and submit to the Sangguniang Panlalawigan, the Provincial
DRP, the proposed programming of the province's Local Disaster
Resilience Fund, other dedicated disaster resilience resources, and other

funding sources of the PDRO;

e. Recommend to the Sangguniang Panlalawigan the enactment of local
ordinances to implement the Provincial LDRP, NDRF and relevant national
investment plans at the provincial level, and to comply with other
requirements of this Act;

f. Prepare and submit to the Department, a report on the utilization of the
province's Local Disaster Resilience Fund and other disaster risk reduction

and management resources;

g Establish and maintain, in coordination with the Department Command
and Control Center (DCCC), which includes, among others, an information
management system at the provincial level, which consolidates and
integrates information from the cities and/or municipalities within its
jurisdiction, a multi-hazard early warning and communications s stern that
is connected with the cities and/or municipalities within its jurisdiction,

and a monitoring system that enables the PDRO to oversee, supervise,

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monitor and respond to the needs of cities and/or municipalities within its

jurisdiction in relation to disaster resilience activities;

h. Recommend to the Provincial Governor the procurement of emergency
works, goods, and services in compliance with the regulations, orders, and
policies of DBM and GPPB, to implement the provincial LDRP or support
earl recovery and post-isaster activities of the PDRO;

i, Recommend, in coordination with the DoF, to the Provincial Governor to
access foreign loans to finance its policies, programs, projects, and
activities for disaster preparedness, response, recovery, and rehabilitation,
subject to terms and conditions agreed upon by the Provincial Government
and the lender;

j. Formulate and establish mechanisms to mobilize and direct LDROs
within its jurisdiction as necessary for disaster preparedness and response

at the provincial level;

k, Coordinate and provide the necessary support or assistance to the
Department in the implementation of rehabilitation plan(s) within the

cities and /or municipalities covered by the PDRO; and

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

SECTION 20. SERVICE CONTINUITY OF THE DEPARTMENT -To ensure service
continuity, the Department and its regional and attached offices shall be
established in a reasonably resilient location; and/or undertake the necessary

interventions to make its offices and systems disaster- resilient.

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ARTICLE V
WHOLE OF GOVERNMENT AND WHOLE OF NATION APPROACH

SECTION 21. SYNERGY WITH STAKEHOLDERS - The Department shall ensure
seamless synergy and coordination with stakeholders, including national
government agencies, local government units, government-owned or -controlled
corporations, CSOs, the academe, and the private sector, in relation to disaster
resilience programs and projects and the development and promotion of research,
education, and training mechanisms. The Department shall establish a platform,
paradigm, and mechanisms for convergence and coordination with stakeholders,
including the development of standards, protocols, and procedures for seamless

collaboration for disaster resilience.

SECTION 22. ESTABLISHMENT OF MULTI-STAKEHOLDERS CONVERGENCE
UNIT - The Department, with the assistance of other relevant government
agencies and stakeholders, shall establish a Multi-Stakeholders Convergence Unit
(MsCU), which shall closely engage the private sector, CSOs, academe, and other
non-government stakeholders and strengthen public-private collaboration

towards disaster resilience way of the following interventions, among others:

a. Implementation of business continuity practices to ensure the

continued delivery of products and services, in the event of disasters;
b. Crafting and implementation of a National Continuity Policy to ensure
government service continuity during and after emergencies and disasters,

and ensure the quick return of government to full operations;

¢. Establishment, incorporation, and application of business continuity
plans as part of the LDRPs of LGUs;

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d, Facilitation or assistance in obtaining and/or processing incentives for
the private sector and other non-government stakeholders, such as but not

limited to tax credits;

. Preparation and facilitation of the issuance of special rules for Micro,
Small, and Medium Enterprises (MSMEs) such as, but riot limited to,
mechanisms involving procurement and liquidity to create enabling
environments for disaster preparedness, recovery and building forward
better; and

£ Formulation of investment programs for disaster affected areas in
partnership with the private business sector and civil society

organizations,

The MsCU shall establish a platform that includes, among others, a

database for monitoring and coordinating efforts and resources of stakeholders.

SECTION 23. ROLES AND RESPONSIBILITIES OF STAKEHOLDERS - The
commitment, goodwill, knowledge, experience and resources of relevant
stakeholders are critical to realize a safer, adaptive, resilient and inclusive Filipino
community, Citizens have the shared vision and duty to provide support to the
State in the implementation of policies and programs, particularly the Disaster
Resilience Framework and Disaster Resilience Plan at the national, regional and
local levels.

a. Civil society, non-governmental organizations, international non-
governmental organizations, private sector, practitioners, and
volunteers shall participate, in collaboration with public institutions, in
the exchange of information, learnings, and guidance on disaster

resilience.

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The Department shall encourage and institutionalize their engagement
in the implementation of local, regional, national, and global plans and
strategies: enhance public awareness and promote a culture of disaster

resilience;

b. The women, children, and youth, as agents of change, shall endeavor to
contribute actively and participate in disaster resilience trainings and

information dissemination;

¢. Senior citizens, and persons with disabilities shall contribute their

knowledge and experience on disaster preparedness and resiliency;

d. Indigenous peoples and Muslim Filipinos shall share their traditional

knowledge and practical experience on disaster resiliency;

@ Urban and rural poor, and migrants shall participate in building
resilient resettlement communities;

f, Emergency responders and volunteer organizations shall contribute to
resilience by promptly and efficiently responding to disasters and
emergencies consistent with the policies of the Research, Education and
Training Institute of the Department;

8, Academia, scientific and research entities, and networks are encouraged

undertake relevant research on disaster resiliency in partnership with the

Department and other stakeholders for better decision-making;

h. The private sector is encouraged to integrate disaster resiliency projects
and programs in their corporate social responsibility initiatives; and

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i, The media shall provide prompt and accurate information to the public

on early warning systems, natural hazards, and disaster r

ies of the Department.

SECTION 24. DISASTER RESILIENCE ASSEMBLY - The Department, with the
assistance of RDROs, shall establish and convene a Disaster Resilience Assembly
(DRA), at the regional and national level, which will be held on a semestral basis,
or as frequently as necessary to ensure the proactive engagement of the relevant
government and non-government stakeholders, such as the Union of Local
Authorities of the Philippines (ULAP), League of Municipalities of the Philippines
(LMP), CSOs, academe, DRRM practitioners, the private sector, and the national
government agencies, among others, to ensure effective collaboration towards
achieving the goals of this Act.

The LGUs may convene local DRAs within their jurisdictions, as necessary

for the attainment of disaster resilience at the local level.

SECTION 25. INTER-OPERABILITY OF SYSTEMS - The Department shall
establish mechanisms to ensure the inter-operability of systems among
government agencies, and to allow access of agencies to the IDRIS (Integrated
Disaster Resilience Information System). It shall develop protocols to allow real-
time access to information by government agencies in relation to natural disasters

and the implementation of disaster resilience measures.
SECTION 26. NATIONAL ORGANIZATION OF ALL LOCAL DISASTER
RESILIENCE OFFICERS - There shall be a national organization of all local

disaster resilience officers for the primary purpose of:

a. Developing capacity, and exchanging knowledge, experiences, and best
practices conceming local government disaster resilience;

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CON AKHR YN

b. Fostering inter-operability of the local disaster resilience offices’ s sterns;
Facilitating inter-I-GU cooperation and collaboration:

©. Providing inputs and feedback to the Department on resilience concerns at
the local level; and

d. Enhancing synergy in other areas of common concern.

ARTICLE VI
MAINSTREAMING, INTEGRATION AND CONVERGENCE OF
DISASTER RISK REDUCTION

SECTION 27. INTEGRATION OF DRR AND CLIMATE CHANGE ADAPTATION IN
THE NATIONAL DISASTER RESILIENCE FRAMEWORK AND DISASTER
RESILIENCE PLAN - The existing NDRRM Framework and Plan, and the National
Climate Change Strategic Framework and Plan shall be integrated and harmonized
into the NDRF and the NDRPIP. The NDRF and NDRPIP shall be reviewed and
updated every three (3) years,

SECTION 28. ECOSYSTEM - BASED APPROACH TO PREVENTION AND
MITIGATION, REHABILITATION AND RECOVERY FROM DISASTERS - The
Department shall ensure the application of ecosystems-based approaches in
disaster risk reduction, particularly through ecosystem management and
restoration as defined in this Act, and ensuring that environmental and natural

resource policies are risk-informed.

ARTICLE Vik
NATIONAL DISASTER OPERATIONS CENTER, ALTERNATIVE COMMAND
CENTER, AND RESEARCH AND TRAINING INSTITUTE

SECTION 29. NATIONAL DISASTER OPERATIONS CENTER - The Department
shall establish, within one (1) year from the approval of this Act, and act as the

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primary operator of the National Disaster Operations Center (NDOC), Alternative
Command and Control Centers (ACCCs), and a Disaster Resilience Research and
Training Institute (DRRT!),

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

the country.

The ACCCs are command centers established in other locations as
alternative or to provide supplemental support to the NDOC. The number and
location of CCCs shall be determined by the Department as may be necessary in
each of the country's major island groups. Temporary ACCC may likewise be

established by the Department, if necessary.

SECTION 30. DRRTI FUNCTIONS AND INTER-AGENCY KNOWLEDGE
SHARING- The DRRTI! shall be a platform for providing training, and for collecting,
consolidating, managing, analyzing, and or sharing knowledge and information ta

improve and/or enhance disaster resilience. The DRRTI shall:

a. Establish reliable and up-to-date IDRIS through close and seamless
collaboration with the Department of Science and Technology (DOSF),
Department of Information and Communications Technology (DIGF), and
other appropriate agencies;

b. Conduct disaster-related research types of stakeholders;

c. Consolidate, organize and/or prepare training materials and

publications;

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

and disaster management;

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

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

SECTION 31. COMPLIANCE AND ACCREDITATION OF DRRTI WITH
INTERNATIONAL STANDARDS - The Department shall strive to obtain
certification from, and accreditation by, international accreditation bodies of the
DRRTI to ensure DRRTI's compliance with international standards, The
Department shall likewise ensure collaboration with key countries and
international organizations to incorporate best practices on disaster resilience in

the Department's policies and programs.

ARTICLE Vill
INTEGRATION, MAINSTREAMING, DISASTER RESILIENCE INFORMATION
EDUCATION AND COMMUNICATION CONVERGENCE

SECTION 32, INTEGRATED DISASTER RESILIENCE INFORMATION SYSTEM -
‘The Department shall establish a National and Regional Information Management
System for Disaster Resilience, which shall be a database of all relevant disaster

risk reduction and climate change data, including a geographic information

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system on geo-hazard assessments and climate risk, It shall be the repository of
current and multi- temporal information for wide-scale disaster risk analysis. The
IDRIS shall be accessible at all times to the responsible officials and entities to
enable the timely, reliable, and accurate collection, processing, analysis, and
dissemination of information to support overall decision- making and effective
coordination at both the national and sub-national level. The protocols and
procedures for this shall be defined in the IRR of this Act.

SECTION 33, DISASTER RESILIENCE EDUCATION AND TRAINING - To instill a
culture of safety and security including emergency preparedness and disaster
resiliency, the Department, in partnership with the public and private sectors shall

encourage the inclusion of appropriate information on disaster resilience in their

various training programs and immersion activities, The Information Education
and Communication materials on disaster resilience shall be informative and

holistic, gender, culture and disability sensitive using various available platforms.

ARTICLE 1X
DISASTER RISK TRANSFER, INSURANCE AND INCENTIVES

SECTION 34. DISASTER RISK TRANSFER INSURANCE AND SOCIAL WELFARE

a. The Department shall oversee all disaster risk-sharing and risk-

transfer instruments and other related initiatives to ensure the
protection of property and livelihood, both public and private;

b. The Department, in collaboration with the DoF, BSP, LBP, GSIS, and the
Insurance Commission, shall create, establish, and implement, among
others, disaster insurance pools, revolving funds, insurance and risk-
transfer schemes and/or facilities, and other financial disaster
resilicnce measures to ensure the protection of public and/or private
properties and livelihood against the adverse effects of natural

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disasters. For this purpose, the Department and/or DoF may engage or
require the participation of government banks, insurance agencies and

financial institutions;

c. Toattain disaster resilience and to achieve the purposes of this Act, the
Department shall have the discretion and authority to require
government agencies and GOCCs to insure their assets and/or
propertics such as, among others, vessels, vehicles, equipment,
machineries, permanent buildings, properties stored therein, or
properties in transit, against insurable risks and pay the premiums
therefor, to compensate the Government and/or GOCC, as applicable,

for any damage to, or loss of properties due to a natural disaster; and

d, The Department shall endeavor the local government units to insure
primary assets for unforeseen or contingent potential losses, damages
and disruption from natural hazards changeable against their

respective Local Disaster Resilience Fund (LDRF).

SECTION 35. RECOGNITION AND INCENTIVES - The Department, in partnership
with the private sector, shall establish an incentives program that recognizes
outstanding performance of LDRO, NGOs, CSOs, schools, hospitals, and other
stakeholders in promoting and implementing significant disaster risk reduction
management, climate change adaptation programs and innovations, and

meritorious acts of individuals, groups or institutions during natural.

ARTICLE X
PREPAREDNESS AND INTEGRATED EARLY WARNING

SECTION 36. STANDARDS FOR DISASTER PREPAREDNESS ACTIVITIES -

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a. The Department shall establish standards and protocols for disaster
Preparedness, contingency planning, localizing and operationalizing
disaster risk reduction and management, preparedness for disaster
response, preparedness for early recovery, continuity of essential

services, and other relevant preparedness activities;

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

The LGUs shall immediately compensate said schools used as evacuation
centers. The schools may seek compensation for renovation, replacement, or

repairs of damaged facilities for such use.

SECTION 37. MULTI- HAZARD EARLY WARNING AND RISK COMMUNICATION
STANDARDS:

a. There shall be a streamlined policy governing early warning systems and
risk communication protocols to ensure effective and efficient measures to
prepare for, respond to and recover from potential risks and disasters,

b. The Department shall formulate and implement multi-hazard early
warning protocols integrating all disaster preparedness systems in
collaboration with local executives, community-based organizations, civil
society organizations, and other non-governmental organizations for

proper use and application.

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SECTION 38. EARLY WARNING MANDATE

a, The Department shall issue an integrated early warning alert for the
impending occurrence of hazards that will enable the public to prepare
timely and act appropriately to minimize potential harm or loss.

b. The Department shall require mobile phone service providers to send
outalerts
at regular intervals in the event of an impending natural hazard, in
accordance with Republic Act No. 10639, otherwise known as the “Free
Mobile Disaster Alerts Act".

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

4. Any person who transmits early warning concerning the
abovementioned phenomena by means of signs in designs, colors, lights, or
sound shall do so in compliance with the methods recognized or approved by the

Department.

e. The Department at the national and local level shall use an integrated
early warning system to ensure it is consistent and locally contextualized

with the

communication pratocol and safe evacuation pracedure of the affected

communities.

f. The Department shall work with other agencies or organizations on pre-
crisis information mapping of the humanitarian needs of at-risk

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Communities that will enhance the overall prepositioning of resources at

the national and local level.

g The Department shall recognize and proactively support local or
indigenous modes of early warning systems and allow open access to near
real-time data from both local and international sources made available
through various platforms such as websites, mobile apps, and social media

to empower local communities and individuals.

SECTION 39. DECLARATION OF STATE OF CALAMITY - The Department shall
declare a cluster of barangays, municipalities, cities, provinces, and regions under
a state of calamity, and the lifting thereof, based on the criteria sct by the
Department.

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

ARTICLE XI
DISASTER RESPONSE AND EARLY RECOVERY

SECTION 40. LEVELS OF RESPNONSIBILITY FOR DISASTER PREPAREDNESS
AND RESPONSE -The primary responsibility for disaster preparedness and
response shall be exercised at the local or national level, as applicable, in close and
seamless collaboration with the relevant national government instrumentalities,

non-government stakeholders, and international partners.

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The four levels of responsibility and the conditions that warrant each are

as follows:
LEVELS OF RESPONSIBLE OFFICIALS CONDITIONS
RESPONSIBILITY _| : a
Level 1: City or | Lead Official: Ifa disaster affects a single

Municipality

Mayor of the affected city
or in municipality

Support:
City or Municipal Disaster
Resilience Officer

city or municipality

Level 2 : Province

Lead Official:

If a disaster affects two or |

Provincial Governor of the | more municipalities
affected province and/or cities within a
province

Support:
Provincial Disaster
| Resilience Officer |

! Municipal and/or City
Disaster Resilience Officer

Level 3: Region Lead Official:
Regional Director, DDR !
Support:
Governors of affected
provinces
' Concerned Provincial
Disaster Officers

Level 4: National | Lead Official: a. Ifa disaster affects
Secretary of Disaster at least two (2)
Resilience (SDR) regions;

b. When an LGU is

Support: unable to effectively
Governors concerned cope with the risk

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and/or impact of a
Disaster Resilience Officers hazard; or

Concerned c. When the President
directs a Level 4
response or
declares a state of
l calamity.

SECTION 41. DISASTER PREPAREDENESS AND RESPONSE IN THE NCR- When
at least two cities and/or municipality in the NCR are affected, the SDR shall be
responsible for leading the disaster preparedness and response efforts, in
collaboration with the affected LGUs, the MMDA, and the concerned government

instrumentalities and non- government stakeholders.

SECTION 42. INTER-LOCAL GOVERNMENT ASSISTANCE - LGUs are hereby
authorized to extend the necessary assistance to another LGU, whether through
funding or donation of goods and/or services, and conducting disaster
preparedness and response operations, to help save lives and minimize damage
to property. These include the pre-positioning and provision of basic goods,
training of first responders, among others, subject to the accounting and auditing
rules to be defined in the IRR of this Act,

SECTION 43. ACCREDITATION, MOBILIZATION, AND PROTECTION OF
DISASTER VOLUNTEERS AND NATIONAL SERVICE RESERVE CORPS, CSOs
AND THE PRIVATE SECTOR - The government agencies, CSOs, private sector and
LGUs may mobilize individuals or organized volunteers to augment their
Tespective personnel complement and logistical requirements in the delivery of

disaster risk reduction programs and activities.

The agencies, CSOs, private sector, and LGUs concerned shall take full

responsibility for the enhancement, welfare and protection of volunteers, and


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shall submit the list of volunteers to the Department, through the LDROs, for

accreditation and inclusion in the database of community disaster volunteers.

A national roster of Accredited Disaster Resilience Volunteers and
institutions, National Service Reserve Corps, CSOs and the private sector shall be
maintained by the Department through the LDROs. Accreditation shall be done at

the municipal or city level.

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

insurance as may be defined in the IRR.

SECTION 44. REPORTING OF HUMANITARIAN ASSISTANCE - The concerned
local government unit shall submita report to the Department, taking into account
all domestic or international humanitarian assistance received and distributed

within its area of responsibility.

ARTICLE XII
HUMANITARIAN ASSISTANCE

SECTION 45. MANAGEMENT OF HUMANITARIAN ASSISTANCE

a. The Department shall have the Power to receive and manage
humanitarian assistance from any person or entity, whether from local or

international sources,

b. The importation by, and humanitarian assistance to, the Department of,
among others, food, clothing, medical assistance, equipment, and materials for

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relief, recovery and other disaster management activities are hereby authorized
in accordance with Section 105 of the Tariff and Customs Code of the Philippines,
as amended, and the prevailing provisions of the General Appropriations Act
covering national internal revenue taxes and import duties of national and local

government agencies.

SECTION 46. INTERNATIONAL HUMANITARIAN ASSISTANCE - The
Department shall promulgate guidelines on international humanitarian
assistance, including the initiation, entry, facilitation, transit, regulation and
termination thereof, as well as those involving international disaster relief and
Personnel assisting international actors, visa waiver, recognition of foreign
professional qualifications, entry of international disaster goods and equipment,

and exemption from port duties, taxes, and restrictions.

SECTION 47, ASSESSMENT OF THE NEED FOR INTERNATIONAL
HUMANITARIAN ASSISTANCE -

a. Immediately after the declaration of a state of calamity by the local
Sanggunian of the relevant local government unit or by the Department, as the
case may be, the Department shall determine whether domestic capacities are
likely to be sufficient to attend to the needs of affected persons for international
humanitarian assistance. This determination may also be made, at the discretion

of the President, prior to the onset of an imminent disaster.

b, In the event of a determination by the Department that domestic
Tesponse capacities are not likely to be sufficient due to the impact of the disaster,
the Department shall recommend to the President that a request be made for

international humanitarian assistance.

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

SECTION 48. HUMANITARIAN ASSISTANCE ACTION CENTER - The Department
shall create an inter-agency one-stop shop mechanism called the Humanitarian
Assistance Action Center (HAAC) for the processing and release of entry and
facilitation of goods, articles or equipment and services and international relief
workers for the provision of international humanitarian assistance and the

processing of necessary documents for assisting international actors.

The Department shall lead and manage the HAAC, which shall be composed

of the following:

a, Bureau of Customs;

b. Department of Foreign Affairs;

¢, Department of Social Welfare and Development;

d. Department of Health;

e. Food and Drug Administration;

£ Department of Agriculture;

g Department of Energy;

h. Department of National Defense;

i. Philippine National Police;

j. Philippine Coast Guard; and

k, Bureau of Immigration.
SECTION 49. REQUEST FOR INTERNATIONAL HUMANITARIAN ASSISTANCE -

a. In cognizance of the urgency, criticality and intensity of an imminent risk,

the Department shall issue a flash appeal to the family of nations, under

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regional and multilateral conventions, for assistance in preparedness,
including preemptive measures, search, rescue, and retrieval, relief,

recovery, and reconstruction.

b. The President may request international humanitarian assistance, upon,
the advice of the Secretary. Such request may be specifically directed to
Particular assisting international actors or may be a general request
directed to the international community.

SECTION SO. REGULATION OF HUMANITARIAN ASSISTANCE -
a. The Department shall ensure the efficient and effective monitoring of
humanitarian assistance from domestic or international donors,
establish and operate a platform, including an online platform, to

facilitate, and provide public access to information on donations.

b. The Department shall include in the IRR of this Act guidelines and
accountabilities on the receipt, management, distribution, accounting,
and reporting of all humanitarian assistance, whether in cash or in kind,
consistent with the rules on the use of foreign and local aid during
calamities and disasters issued by the CoA and other relevant

government agencies.

ARTICLE XH
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES

SECTION 51. OFFER AND FACILITATION OF HUMINATARIAN ASSISTANCE TO
FOREIGN STATES - In the event of a disaster occurring ina foreign state for which
international humanitarian assistance is required, the Department, in

coordination with the DFA, may offer, facilitate provide, and deploy international

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humanitarian assistance to said foreign state, which shall be subject to guidelines

to be promulgated by the Department for the purpose.

SECTION 52. ACCREDITATION - The Department, in coordination with relevant
government agencies and organizations, shall provide and facilitate the necessary
training and accreditation to the respective government personnel to be deployed
for such offer, facilitation and provision of international humanitarian assistance

toa foreign state,

ARTICLE XIV
RECOVERY

SECTION 53. RECOVERY - The Department shall observe internationally
accepted standards for recovery, planning, programming and implementation of
the recovery process. Towards this end, the Department shall:

a. Improve the community's physical, social and economic resilience,

consistent with the principle of “building forward better";

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

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

4. Employ outcome-driven planning and implementation;

e. Maximize use of Private-Public sector partnership where possible;

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£ Consider local conditions such as culture, security situation and existing

capacities of communities in identifying programs and projects;

8 Ensure access to public transport, physical and mental health services,
markets, schools, sustainable livelihoods, and other public services in

planning for settlement areas; and

‘A. Ensure restoration of peace and order and recovery of government

functions,

ARTICLE XV
REMEDIAL MEASURES UNDER STATE OF CALAMITY

SECTION 54, DECLARATION OF STATE OF CALAMITY -A state of calamity may
be declared when any of the following requisites are present:

a. A natural hazard, including climate change, poses imminent threat to
human

life and/or danger to property; or

b. A significant impact is caused by a natural hazard or climate change,
which demands immediate action.

The following shall exercise this power, respectively:
a. The President, upon recommendation of the SDR, whether in whole or

part of an area;

b. The SDR, upon recommendation of the RDRO, for disasters covering two.

or more provinces of the same region; and

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¢. The local sanggunian, upon recommendation of the concerned local

disaster resilience office, within its jurisdiction,

SECTION 55. REMEDIAL MEASURES UNDER STATE OF CALAMATIY - Upon the
declaration of a state of calamity, the following remedial measures shall be
immediately undertaken by concerned government agencies at the national and

local levels:

a. Imposition of price ceiling on basic necessities and prime commodities
by the Price Coordinating Council (PCC), as provided for under Republic
Act No. 7581. otherwise known as the "Price Act as amended by Republic
Act No, 10623;

b. Monitoring, prevention and control by the Local Price Coordination
Council of overpricing or profiteering and hoarding of prime commodities,
medicines and petraleum products;

¢. Programming or reprogramming of funds for the repair of critical
facilities or public infrastructures that are vital for the quick delivery of
humanitarian assistance, to reduce further threat to lives and arrest further
deterioration of properties and loss of livelihoods in the affected
communities, following the "build forward better" principle;

d, Grant of no-interest loans by government financing or lending
institutions to the mast vulnerable and marginalized groups or individuals;

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

unit; and

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£ Use of alternative modes of procurement under Article XVI of this Act, by
the Department, LGUs or the relevant government instrumentalities in
relation to the urgent procurement of emergency works, goods or services
to effectively respond to, quickly recover from disasters, and build forward
better,

ARTICLE XVI
PROCUREMENT

SECTION 56. PROCUREMENT - In general, the procurement rules provided under
Republic Act No. 9184, otherwise known as the “Government Procurement
Reform Act" shall apply. However, alternative modes of procurement as provided
in this Act may be resorted to by the Department, RDROs, or LGUs in any of the
following emergency situations:

a. There is imminent danger to life or property during a state of calamity,
as provided under this Act, and the procurement is necessary to avert or

reduce such danger to life or property; or

b. The procurement is necessary to restore vital public services,

infrastructure facilities and other public utilities; or

©. Time is of the essence in implementing a project, program or activity to

effectively respond to a disaster and save lives; or

d, There are other circumstances that require immediate procurement

necessary to prevent damage to or loss of life or property.

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1 SECTION 57. ALTERNATIVE MODES OF PROCUREMENT - During emergency
2. situations as provided under this Act, the Department, RDROs or LGUs may resort
3 tothe following modes of procurement:
4
S a, Direct negotiation under Republic Act No. 9184, otherwise known as the
6 “Government Procurement Reform Act" and its implementing rules and
7 regulations;
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9 b. Simplified or pre-arranged contracts such as, among others, pre-signed
10 agreements, stand-by contracts, pre-arranged systems of procurement
cet with a pre-approved list of contractors for construction projects, pre-
12 negotiated contracts, advanced procurements contracts, and framework
13 contracts,
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15 The parameters, requirements and conditions for these types of contracts
16 _ shall be defined in this Act's IRR.
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18 SECTION 58. SPECIAL RULES ON PROCUREMENT. FOR RECONSTRUCTION
19 AND REHABILITATION OF AFFECTED AREAS

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21 a. The Department, with the assistance of, or in collaboration with relevant
22 government agencies, shall create special rules on procurement for
23 services, goods, and materials to be used for reconstruction and
24 rehabilitation efforts in case of a natural disaster, including but not limited
25 to, the construction of post-disaster shelters and provision of service
26 contracts, to ensure the procurement of quality-oriented goods, materials,
27 and equipment and to guarantee effective, efficient, and speedy
28 procurement to achieve the goals of this act.

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and rehabilitation efforts, whether from local or international sources, the
Department and the relevant government agencies shall provide less
bureaucratic restrictions, more flexible procurement policies, or

exemption from, or reduction of, customs duties

SECTION 59. PROCUREMENT FROM QUALIFIED SUPPLIERS OR
CONTRACTORS - As an exception to the provisions of Republic Act No. 9184,
otherwise known as the "Government Procurement Reform Act", and its
implementing rules and regulations, the Department shall have the power to

procure goods and services from cither local or foreign suppliers or contractors

for purposes of implementing programs, projects, and activities related to disaster
resilience and disaster management.

‘The conditions, limitations, application processes, eligibility requirements
and assessment criteria for local and foreign suppliers and contractors shall be
provided in this Act's IRR.

SECTION 60. PRE-ARRANGED CONTRACTS OR AGREEMENTS WITH PRIVATE
SECTOR ENTITIES - Notwithstanding Republic Act No. 9184, otherwise known as
the “Government Procurement Reform Act", the Department shall have authority
to enter into pre-arranged or contingency contracts or agreements with private
sector entities for the purpose of, among others, establishing, a logistics system
for the efficient and prompt distribution of goods, equipment or other materials
required for disaster response and management; securing food, medicines, fuel, or
other supplies from groceries, pharmacies, gas stations or other sources in the
event of a disaster in a specific area; ensuring an alternative source of power or
water from private utilities in the event of a disaster in a specific area; or other
arranging the immediate supply of other goods, services or equipment necessary

for disaster response and management.

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The conditions, limitations and parameters of contracts or arrangements
authorized under this Section shall he provided in this Act's IRR.

SECTION 61. OTHER PROCUREMENT RULES AND POLICIES - In view of the
urgency and to avoid unnecessary delays to procure goods, services, and
implement projects for the purpose of providing responsive, effective, and
efficient rescue, recovery, relief, and rehabilitation efforts for, and to continue the
provision of basic services to, disaster victims or disaster affected areas, the DBM
and GPPB shall issue appropriate resolutions, orders, and policies to effectively

implement the provisions of this Act

SECTION 62. GOVERNMENT ACCOUNTING AND AUDITING POLICIES - The CoA
shall review, align, and issue policies or rules to improve the efficiency and
expediency of procurement and audit processes for programs and projects related
to disaster resilience and management.

ARTICLE XVI
‘SPECIAL RULES ON BORROWINGS AND TAXES

SECTION 63. RULES ON BORROWING -The LGUs shall access foreign financing,
through the DoF, Bangko Sentral rig Pilipinas (BSP), and other relevant agencies,
as applicable to implement disaster prevention, mitigation, early recovery, and

rehabilitation measures at the provincial, city, or municipal level.

SECTION 64. SPECIAL RULES ON TAX AND DUTIES - To facilitate prompt,
efficient and effective response to, recovery from disasters, and building forward
better in disaster- affected areas, the following shall be granted special

exemptions from existing taxation laws, rules, and regulations:

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a, Exemption from taxes and import duties for foreign disaster assistance

or international donations coursed through the Department;

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

c. Exemption from the Value Added Tax (VAT) for goods or scrvices
donated from abroad as coursed through the Department;

d. Tax incentives to encourage members of the private sector to render aid
or provide disaster assistance, and/or to invest in disaster resilience and
climate change adaptation and mitigation measures for their residences,

communities and/or businesses.

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

to disaster victims.

SECTION 65, CUSTOMS DUTIES AND TARIFFS ON DONATIONS - The BOC shall
create rules that would, among others, hasten the processing and release of

donated goods and equipment to disaster victims and/or affected areas.

SECTION 66. ECONOMIC RECOVERY AND DEVELOPMENT OF DISASTER-
PRONE AREAS - The Department, in coordination with the Department of Trade
and Industry (DTI) and other relevant agencies, shall craft policies, and implement
the necessary programs and projects to stimulate economic activities and
encourage investments to assist disaster-affected areas develop or recover faster,

as applicable.

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

affected areas.

ARTICLE XVII
PROHIBITED ACTS AND PENALTIES

SECTION 67. PROHIBITED ACTS - Any public official, private person, group or
corporation who commits any of the following prohibited acts shall be held liable
and be subjected to the criminal and administrative penalties as provided for in
Section 68 of this Act, without prejudice to the imposition of other criminal, civil

and administrative liabilities under existing laws.

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

1, Dereliction of duties that leads to destruction, loss of lives,

critical damage of facilities and misuse of funds;

2. Failure to enforce laws, standards, or regulations such as
the National Building Code, Solid Waste Management Act,
Water Code, and other relevant laws, leading to destruction,

loss of lives, and/or critical damage of facilities;

3. Failure to create a functional LDR Office within six (6)

months from the approval of this Act;

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4. Failure to appoint a permanent local disaster resilience

officer within six (6) months from approval of this Act;

5, Failure to prepare and implement a Contingency and
Adaptation Plan for hazards frequently occurring within

their jurisdictions;

6. Failure to formulate and implement the LDRP with the

corresponding budget allocation; and

7. Sexual exploitation and abuse and other forms of sexual
misconduct on the affected population or at-risk
communities.

b. Prohibited Acts of Public Officials and Private Persons or Institutions. -

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

2. Withholding the distribution of relief goods due to (i)
political or partisan considerations; (ii) discrimination based
on race, ethnicity, religion, or gender; and (iii) 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;

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

disaster-affected communities;

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

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

victims;

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

victims or relief agency;

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

recipient or consignee;

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

10. Misrepresenting the source of relief goods, equipment or
other aid commodities by: (i,) Either covering, replacing or
defacing the labels of the containers to make it appear that
the goods, equipment or other aid commodities came from

another agency or persons; (ii) Repacking the goods,

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

persons;

11. Substituting or replacing relief goods, equipment or
other aid commodities with the same items or

inferior /cheaper quality;

12. Mlegal solicitations by persons or organizations
representing others as defined in the standards and

guidelines set by the Department;

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

projects;

14, Stealing, taking, or processing of any of the equipment,
accessories and other vital facility or items or any part

thereof;

15. Selling or buying stolen equipment, accessories, and

other vital facility items or any part thereof;

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1 16. Tampering with or stealing hazard monitoring and
2 disaster preparedness equipment and paraphernalia;

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4 17. Attempting to commit any of the abovementioned
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8 abovementioned prohibited acts knowing that the proceeds
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12 SECTION 68. PENALTIES - Any individual, corporation, partnership, association
13 or other juridical entity that commits any of the prohibited acts in the preceding

14 _ section shall be made liable for the following:

15

16 a. The penalty of imprisonment of not less than twelve (12) years but not
17 more than fifteen (15) years or a fine of not less than One Million Pesos
18 (Php1,000,000.00) but not more than Three Million Pesos
19 (Php3,000,000.00); or both imprisonment and fine at the discretion of the
20 court shall be imposed

21 upon any person found guilty of violating subsections (a)(I) to (b)(16) of
22 the preceding section, as well as the confiscation or forfeiture in favor of
23 the government of the objects and the instrumentalities used in the
24 commission of the prohibited acts;

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26 b. The penalty of imprisonment of not less than six (6) years but not more
27 than eight (8) years ora fine of not less than Five Hundred Thousand Pesos
28 (Php 500,000.00) but not more than One Million Pesos (Php 1,000,000.00),
29 or both imprisonment and fine at the discretion of the court, shall be

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imposed upon any person who attempts to commit any of the prohibited
acts in the preceding section on, in violation of Subsection (b)(17) thereof;
c. The penalty of imprisonment of not less than two (2) years but not more
than six (6) years or a fine of not less than Two Hundred Thousand Pesos
(Php 200,000.00) but not more than Five Hundred Thousand Pesos
(Php500,000.00), or both imprisonment and fine at the discretion of the
court, shall be imposed upon any person found guilty of unlawfully
benefiting from the proceeds or fruits of any of the prohibited in the
preceding section, in violation of subsection (b)(18) thereof;

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

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

f. Payment of the full cost of repair or replacement of the government risk
reduction and preparedness equipment, accessories and other vital facility
items, or any part thereof; which is the object of the crime shall likewise be
imposed upon any person who shall commit any of the prohibited acts in

the preceding Section; and

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g. The prosecution for offenses set forth under the preceding section shall
be without prejudice to any criminal liability for violation of Republic Act
No, 3815, as amended, otherwise known as the "Revised Penal Code” and

other existing laws, as well as the imposition of applicable administrative

liabilities.

SECTION 69. LIABILITY FOR UNLAWFUL PERFOMANCE OF DUTIES AND
STATE LIABILITY IN CASE OF DEFENSE LITIGATION - In case a lawsuit is filed
against any personnel of the Department as a result of the performance of his or
her duties, and such performance was found to be lawful, he or she shall be
reimbursed by the Department for reasonable custs of litigation. For this purpose,
the Department is authorized to procure applicable liability insurance for its

officers and employees.

SECTION 70. DISCIPLINARY POWERS OF THE PRESIDENT - The President,
subject to the recommendation of the Department Secretary and the Department
of the Interior and Local Government (DILG), shall have the power to impose
ad

istrative sanctions against local chief executives and barangay officials for
willful or negligent acts that relate to the implementation of, or compliance with,
this Act and its IRR or relating to their official functions, which adversely affect
disaster resilience projects such as, but not limited to, delayed issuance of permits

or failure to implement local ordinances.

ARTICLE XIX
DISASTER RESILIENCE FUND

SECTION 71. APPROPRIATIONS AND MANAGEMENT OF DISASTER
RESILIENCE FUND ~ The budget of the Department shall be composed of the
following, which shall be collectively called the Disaster Resilience Fund:

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COrXrAnMeRY DH

SR ENE PY NNR MPR BE BR ee ee eee
ov SN HARERSRASSCSRRAREERES

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

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

affected areas.

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

The Disaster Resilience Fund shall be managed by the Department to
finance its operations, and disaster risk reduction, disaster preparedness,
response, recovery, rehabilitation and building forward better programs, projects
and activities formulated at the national level.

SECTION 72. CONTINUING APPROPRIATIONS -The unutilized balances from the
Disaster Contingency Fund, and Rehabilitation and Recovery Fund shall be treated
as Continuing Appropriations, which may be used to finance the cost of projects,
programs, and/or activities even when such costs are incurred beyond the fiscal
yea r of the GAA from which such funds were appropriated.

SECTION 73. FUND REGULATIONS - The DBM and CoA shall establish rules and

regulations that apply specifically to the Disaster Resilience Fund to ensure that

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

SECTION 74. LOCAL DISASTER RESILIENCE FUND AND LOCAL DISASTER
CONTINGENCY FUND - LGUs shall annually set aside riot less than ten percent
(20%) of their local budget, to constitute a Local Disaster Resilience Fund (LDRF).
The LGU shall use its LDRF to maintain and operate its local disaster resilience

office to maintain it

officers, employees and staff, and to implement plans,

programs and activities under its LDRP.

Thirty percent (30%) of the LDRF shall be set aside as Local Disaster
Contingency Fund (LDCF), which shall be used for disaster response and quick

recovery measures,

Nothing contained in this Act shall prevent LGUs from providing additional
funding or allocating additional resources for disaster resilience activities, plans

and programs within their jurisdiction.

SECTION 75. SUPPLEMENTAL LDRF - The Department may allocate and
disburse funds to supplement an LGU's LDRF based on the parameters and

requirements indicated in the IRR.

In determining such parameters and requirements, the IRR shall aim to
provide supplemental funds to LGUs with low income and/or high exposure to
natural hazards. Supplemental LDRFs shall, as much as possible, fill gaps or

shortages in LGU resources to ensure that LGUs can implement disaster resilience

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measures such as, among others, implementing their LDRP/Provincial LDRP,
establishing their local disaster resilience offices, obtaining and/or maintaining
the necessary equipment and staff in their local disaster resilience offices, and

implementing the NDRF and at the local levels.

SECTION 76. PEOPLE'S SURVIVAL FUND - The Department shall manage and
administer the People's Survival Fund, created under Republic Act n0, 10174, and
facilitate its utilization by LGUs, through RDROs, to implement climate change
adaptation and mitigation projects of LGUs and enhance the climate resilience of

vulnerable communities.

SECTION 77. MULTI-DONOR TRUST FUND - The Department shall create and
manage, together with the Bureau of Treasury, a Multi-Donor Trust Fund for the
processing, releasing and accounting of money and other similar resources

intended for disaster assistance.

The Department shail establish a system to ensure transparency in the

management and use of the Multi-Donor Trust Fund.

SECTION 78. FINANCIAL ADMINISTRATION - The Department shall manage all

funds appropriated to it by Congress and received from other sources.
The Department shall also manage all donations received by it, subject to
the auditing powers of the CoA. To fund its operations, the Department shall have

the power to collect fees derived from the DRRn and other related activities.

ARTICLE XX
SPECIAL COURTS AND INJUNCTIONS

7B


eC arvnunewne

SECTION 79, SPECIAL COURTS ON DISASTER RESILIENCE MATTERS -To
ensure the prompt and expeditious resolution of disputes relating to disaster
response, recovery or rehabilitation measures, the Supreme Court shall designate
special courts to hear, try and decide cases arising from the following, among

others:

a. Expropriation, eminent domain or right-of-way issues related to the

implementation of disaster resilience projects;

b. Failure to comply with standards for disaster risk reduction and
continuity planning, including, but not limited to, infrastructure standards
and designs;

c. Commission of prohibited acts under Article XVIII of this Act; and

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

SECTION 80. DISPUTE RESOLUTION MECHANISMS - The Department shall
establish a Disaster Resolution Board, which shall resolve disputes involving
administrative matters related to:
a. Accreditation or denial of accreditation of disaster resilience training
institutions, trainers, instructors, donors, voluntcers, and Assisting

Domestic or International Actors;

b. Decisions of the RDROs;

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

¢, Other administrative matters or issues as may be determined by the

Department.

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

SECTION 81. IMPOSITION OF TEMPORARY RESTRAINING ORDER - No Court,
except the Supreme Court, shall have the power to issue an injunction or a
temporary restraining order against any action taken or projects implemented by
the Department or its agents pursuant to this Act.

ARTICLE XXI
FINAL PROVISIONS

SECTION 82. TRANSFER OF FUNCTIONS - The following are hereby transferred
to the Department:

a. All the functions of the Climate Change Commission (CCC);

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

¢, Natural disaster-response functions of the Department of Social
Welfare and Development (DSWD)

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Accordingly, the CCC and NDRRMC are hereby abolished. The DLLG, DND,
DSWD, and other relevant government instrumentalities, including the AFP, BFP,
PNP, PCG, and OCD, shall continue to perform their functions related to the

management of human-induced disasters, as provided by existing laws.

SECTION 83. TRANSFER OF RESOURCES -The transfer of powers and functions
listed above shall include the corresponding funds and appropriations, plantilla
Positions, data, records, equipment, facilities, properties and other resources of

the concerned government instrumentalities,

The Department shall have the power to reorganize or reallacate these
resources and positions, as may be necessary to attain the goals and objectives of

this Act.

SECTION 84. PROGRAM MANAGEMENT OFFICE FOR THE EARTHQUAKE
RESILIENCY OF THE GREATER METRO MANILA AREA - The Program
Management Office for the Earthquake Resiliency of the Greater Metro Manila
Area (PMO-ERG), as created pursuant to and mandated by Executive Order No.52,
S. 2018, shall be attached to the Department and be authorized to implement
earthquake resiliency programs, projects, and activities, as it may deem necessary
to carry out its mandate and attain its overall goals. The Head of the PMO-ERG
shall report directly to the SDR.

SECTION 85. POST - DISASTER SHELTERS - The Department shall establish a
post-disaster shelter recovery policy framework for low-income/informal settler
families, with the assistance of the appropriate housing agencies and the
applicable LGUs. It shall determine, among others, the appropriate shelter
modalities depending on the following phases: emergency, temporary or

transitional, and permanent.

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The Department shall likewise identify, assess, and decide on safe zones

for the implementation of recovery or rehabilitation projects.

SECTION 86. CULTURAL HERITAGE - To protect, preserve, and promote the
nation's historical and cultural heritage, the Department shall assist the relevant
cultural and heritage agencies and the appropriate LGUs to give priority
protection and restoration to all national cultural treasures or national historical
landmarks, sites, or monuments in post-disaster recovery or rehabilitation

measures.

SECTION 87. INDIGENOUS PEOPLE - The Department, with the assistance of the
National Commission on Indigenous Peoples (NCIP) and the applicable LGUs, shall
devise and implement mechanisms that foster social protection for indigenous
communities that are vulnerable to the effects of natural disasters.

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

domains.

In ancestral domains that are disaster prone, the Department, with the
assistance of the NCIP and applicable LGUs, shall create an Ancestral Domain
Disaster Management and Resiliency Plan. It shall likewise properly communicate
and explain information on disaster risks in ancestral domains with the concerned
Tocs/IPs and as much as possible, engage such ICCs/IPs in jointly formulating a

disaster resiliency plan for their ancestral domain.

SECTION 88. INCENTIVES PROGRAM - The Department shall establish an

incentives program that recognizes the outstanding promotion and

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implementation by local disaster resilience offices, CSOs, academe, and other
institutions of disaster resilience programs and/or projects, and the meritorious

acts of individuals or entities during natural disasters.

SECTION 89. STRUCTURAL AUDIT OF GOVERNMENT BUILDINGS AND
CRITICAL INFRASTRUCTURE - The Department shall be assisted by the DPWH,
DOTr, Department of Energy (DOE), DOH, DepEd, DIGF, DILG, local building
officials, and other relevant government instrumentalities and stakeholders, in
ensuring the effective and expeditious conduct of structural audit, as often as
necessary, on government buildings, critical infrastructure, and private structures
to attain the disaster risk reduction goals of this Act.

SECTION 90. TRANSITORY PROVISION - The functions, assets, funds,
equipment, properties, transactions, and personnel of the affected and transferred
agencies, and the formulation of the internal organic structure, staffing pattern,
operating system, and revised budget of the Department, shall be completed
within one (1) Year from the effectivity of this Act, during which time the existing

personnel shall continue to assume their posts on holdover capacity.

The Department, in collaboration with the DBM, shall come up with its
Organizational Structure and Staffing Pattern, both of which shall be approved
within thirty (30) days from the effectivity of this Act.

The Secretary of National Defense shall serve as the interim SDR until such
time that the SDR has been appointed and taken his/her oath of office. Upon
assumption to duty, the SDR shall make use of the existing structure, systems, and
personnel in responding to natural hazards and disasters within the transition

period.

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In accordance with Section 12 of this Act and the critical importance of
attracting the most competent and dedicated personnel to the Department,
suitable and qualified career personnel from the NDRRMC-OCD, DSWD, and the
CCC, as defined by the CSC and other pertinent rules, may be absorbed by the

Department.

‘The system and mechanics for this shall be defined in the IRR of this Act.

SECTION 91. MAGNA CARTA BENEFITS - Qualified employees of the
Department. including those of its attached agencies, shall be covered by and
entitled to the benefits under Republic Act No. 8439, otherwise known as the
Magna Carta for Scientists, Engineers, Researchers and other 5 & T Personnel in
the Government, and Republic Act No. 7305, otherwise known as the Magna Carta
of Public Health Workers.

SECTION 92. HAZARD PAY - All personnel of the Department and the local
disaster resilience offices are entitled to receive hazard pay, subject to the
guidelines to be set forth in the IRR of this Act.

SECTION 93. SEPARATION BENEFITS OF EMPLOYEES OF AFFECTED
AGENCIES- National government employees displaced or separated from service
asa result of this Act shall be entitled to either separation pay and other benefits
in accordance with existing laws, rules, or regulations, or be entitled to avail
themselves of the privileges provided under a separation plan that shall be one

and one-half month salary for every year of service in the government.

In no case shall there be any diminution of benefits under the separation
plan until the full implementation of this Act. With respect to employees who are

not retained by the Department, the government, through the Department of

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Labor and Employment, shall endeavor to implement training, job counseling and

job placement programs.

SECTION 94. APPROPRIATIONS -The amount necessary for the initial
implementation of this Act shall be taken from the current fiscal year's
unexpended and unobligated appropriations of all agencies herein absorbed,
transferred, and attached to the Department. Thereafter, the amounts necessary
for the operation of the Department and the implementation of this Act shall be
included in the annual General Appropriations Act.

SECTION 95. IMPLEMENTING RULES AND REGULATIONS- The Department,
DBM, DND, DOE, DLLG, DOSF, NEDA, and the PMS shall collectively craft and issue,
within ninety (90) days from the effectivity of this Act, the Implementing Rules
and Regulations (IRR) for the effective implementation of this Act. They may call
upon other relevant government instrumentalities and stakeholders to assist in
the crafting of the IRR.

SECTION 96. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE ON DISASTER
RESILIENCE - There shall be created a Joint Congressional Oversight Committee
on Disaster Resilience to monitor the implementation of this Act. The committee
shall be composed of six (6) Members of the House of Representatives and six (6)
Senators to be designated by the Speaker of the Hause of Representatives and the
President of the Senate, respectively; Provided. That; two (2) Members of the
House of Representatives and two (2) Senators shall come from the Minority of
their respective houses of Congress.

The committee shall be jointly chaired by a Member of the Hause of
Representatives and a Senator designated by the Speaker of the House of

Representatives and the President of the Senate respectively.

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SECTION 97, MANDATORY REVIEW - Within five (5) years after the effectivity of
this Act, or as the need arises, the Joint Congressional Oversight Committee on
Disaster Resilience shall conduct systematic evaluation of the accomplishments
and impact of this Act, as well as the performance of the Department of its mandate

and functions, for purposes of determining remedial legislation.

SECTION 98. INTERPRETATION - Any doubt in the interpretation of any
provision of this Act shall be resolved in favor of a liberal interpretation that will
fulfill the objectives of this Act, especially in relation to the provision of effective,

efficient and timely disaster response, rehabilitation and recovery.

SECTION 99. SEPARABILITY CLAUSE - If any provision of this Act shall be
declared unconstitutional or invalid, the other provisions or Parts thereof not
otherwise affected shall remain in full force and effect.

SECTION 100, REPEALING CLAUSE - The provisions of Republic Act No. 10121,
Republic Act No. 7160, Republic Act No. 7916, Republic Act No. 9184, and all other
laws, decrees, executive orders, proclamations and other executive issuances,
which are not consistent with or contrary to the provisions of this Act, are hereby
repealed or amended.

SECTION 101. EFFECTIVITY - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved.

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