Republic of the Philippines
HOUSE OF RHPRESHNTATIVES
Quezon City, Metro Manila
NINHTEENTH CONGRESS
Second Regular Session
HousE BILL Nol 0 1 7 9
Introduced by Representative Crispin Diego "Ping" D. Remulla
AN ACT
PROVIDING FOR THE MODERNIZATION 0F THE PHILIPPINE INSTITUTE OF
VOLCANOLOGY AND SEISMOLOGY ¢HIVOLCS), PROVIDING FUNDS
THEREFOR AND OTHER PURPOSES
EXPLANATORY NOTE
The Philippines, being situated in the Pacific Ring of Fire, is prone to natural disasters
such  as   earthquakes,   tsunamis,   and  volcanic   eruptions.   These  natural   calamities  pose
significant risks to the lives, properties, and livelihoods of our citizens. In response to these
challenges,  the  Philippine  Institute  of Volcanology  and  Seismology  (PHIVOLCS)  plays  a
crucial  role  in  monitoring  volcanic  and  seismic  activities,  providing  timely  warnings  and
critical information to the public and government agencies to mitigate the impacts of these
natural hazards.
The modemization of PHIVOLCS is a critical  step towards ensuring the safety and
resilience of the Philippines against the threats posed by earthquakes, tsunamis, and volcanic
eruptions.  By  investing  in  the  enhancement  of PHIVOLCS,  the  government  reaffirms  its
commitment to safeguarding the welfare of its citizens.


In view of the foregoing, the approval of this measure is earnestly sought.
gr/
CRISPIN DIEGO ``PING'' D. REMULLA


Republic of the Philippines
HOUSH OF REPRESENTATIVHS
Quezon City, Metro Manila
NINETEHNTH CONGRESS
Second Regular Session
HoUSEBILLNo.    1C179
Introduced by Representative Crispin Diego "Ping" D. Remulla
AN ACT
PROVIDING FOR THE MODERNIZATION 0F THE PHILIPPINH INSTITUTE OF
VOLCANOLOGY AND SHISMOLOGY 0HIVOLCS), PROVIDING FUNDS
THHREFOR AND OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives Of the Philippines in Congress
assembled:
1                   SECTION 1.  Short Title. -This Act shall be the "PHIVOLCS Modernization Act."
2                    SHC. 2. Declaration of policy. -It has been the policy of the state to utilize scientific
3      and technical knowledge and information as an effective instrument to ensure the safety, well-
4      being and economic  security to the people; to  safeguard the  environment;  and to promote
5      national progress and sustainable socioeconomic development through various applications of
6       geology, geophysics, geodetic engineering and allied sciences. The state also recognizes the
7      need to  strengthen the capability of government personnel tasked to monitor volcanic and
8       seismological activities and other related services and information to the public. Towards this
9      end, the state shall undertake the modemization of the philippine Institute ofvolcanology and
10       Seismology (PHIVOLCS) to improve its technological operational capacity, strengthen its role
11      as the premier national volcano and earthquake monitoring agency and to attain its vision as a
12       center of excellence of related information services.
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1                    SEC. 3. Objectives. -Pursuant to the foregoing policy, the PHIVOLCS Modernization
2      Program shall be implemented in accordance with the following objectives:
3                    (a)  To upgrade physical resources and operational techniques through the acquisition
4                          and development of state-of-the-art instruments, equipment, facilities, and systems
5                          to enhance curent capabilities in providing useful, timely, accurate, and reliable
6                          volcanic and seismological data and localized warning and information services for
7                          use in decision-making in disaster preparedness, climate change adaptation, water
8                          resources  management,  agriculture,  transportation,  health,  tourism,  and  other
9                             se ctors ;
10                    (b) To enhance research and development capabilities by adopting a rationalized and
11                           integrated  approach  with  a  focus  on  the  improvement  of basic  operations  and
12                            specialized services;
13                    (c)  To integrate disaster risk reduction and management in sustainable socioeconomic
14                          development  planning  at  the  national  and  local  levels  in  coordination  with
15                          appropriate government agencies and other entities;
16                    (d) To  strengthen linkages  and cooperation at the national  level among the  various
17                           providers and users of geological, seismological, and other services, as well as to
18                          provide for the appropriate mechanisms for this purpose;
19                    (e)  To establish and enhance volcanic and seismological activity monitoring services
20                          in  centers  in  strategic  areas  in the  country  to  broaden the  agency  base  for the
21                           delivery of service in the countryside;
22                    (f)  To   strengthen   a  technology-based   data  center   consistent   with  international
23                          standards  to  make  information  available  to  those  involved,  whether  from  the
24                          government or private sector, in Disaster Risk Reduction and Management plans,
25                           among others;
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(g) To enhance public information, education, and advocacy on geological activities,
as well as their impacts, risks, and vulnerability;
(h) To facilitate the appropriate appreciation and delivery of information, products, and
services to decision makers, media, other users and the general public; and
(i)  To provide a more competitive base pay and other benefits for its personnel in order
to promote professionalism and commitment to the service.
SEC. 4. Definition of Terms. -the following terms are defined as follows:
(a)  Seismology - the scientific study of the sudden, violent movements of the earth
connected with earthquakes;
(b) Tsunami - a series of large waves of extremely long wavelength and period usually
generated by a violent, impulsive undersea disturbance or activity near the coast or
in the ocean;
(c) Volcanology -the study of volcanoes,lava, magma, ash or tephra fall, and related
geological, geophysical, and geochemical phenomena;
(d) Disaster Risk/Hazard - a process, phenomenon, or human activity that may cause
loss of life, injury, or other health impacts, property damage, social, and economic
disruption or environmental degradation;
(e) Risk  Transfer  -  the  process  of  formally  or  informally  shifting  the  fmancial
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
beneficial provided to the other party; and
(I)  Vulnerability  -  the  conditions  determined  by  physical,  social,  economic,  and
environmental   factors   of  processes   which   increase   the   susceptibility   of  an
individual, a community, assets, or systems to the impacts of hazards.
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1                    SHC. 5. Mandate. -The pHIVOLCs is mandated to:
2                    (a)  Predict the  occurrence  of volcanic  eruptions  and  earthquakes,  and their related
3                           geotectonic phenomena;
4                    (b) Determine how volcanic eruptions and earthquakes shall occur and areas likely to
5                           be affected;
6                    (c)  Mitigate hazards of volcanic activities through appropriate detection, forecast, and
7                           warning system; and
8                    (d) Provide  appropriate volcano,  earthquake,  and tsunami products and  services  for
9                           disaster preparedness.
10                      PHIVOLCs shall provide timely, quality, and socially-inclusive information and
11         services for waming, disaster preparedness, and mitigation.
12                   SEC. 6. Organizatioml structure. -The pHIVOLCs shall be an attached agency of
13      the  Department  of Science  and  Technology  (DOST)  for  purposes  of policy  and  program
14      coordination to ensure alignment with national science and technology policies and priorities.
15                    It shall be headed by an Executive Director V with the rank and compensation of a
16      Department undersecretary who shall be appointed by the president upon recommendation by
17      the secretaryofthe DOST.
18                    The Executive Director v shall be assisted by three (3) Deputy Executive Director v
19       for operations services; Research and Development and s&T services; and Administration,
20      Finance, and General services, all with the rank and compensation of a Department Assistant
21       Secretary to be appointed by the president.
22                    SEC. 7. Qualifications. -No person shall be appointed as Executive Director v unless
23      that person is a natural-born citizen and a resident of the philippines, of good moral character,
24      has  an advanced degree  in geology,  geodetic  engineering,  volcanology,  physics,  and other
25       related fields, and with at least five (5) years of competence and expertise in volcanology,
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1       geophysics,  and  or  allied  sciences.  Provz.c7ec7,  That the  Executive  Director V  and three  (3)
2      Deputy Executive Director v shall be career executive officers.
3                    SHC. 8. Components of Modernization. -The pHIVOLCs modernization shall have
4      the following components:
5                   (a) Upgrade and Maintenance of physical Resources and operational performance -
6                          this  shall  entail  the  acquisition  and/or  upgrade  of state-of-the-art  instruments,
7                          equipment,  facilities,  systems,  and  operational  techniques,  with  emphasis  on
8                           volcano, earthquake, and tsunami monitoring and warning system: P7~ov7.bed, That
9                          prior to such acquisition and/or upgrade, an inventory of existing government and
10                           private, volcanic and seismological  instruments nationwide  shall be undertaken:
11                           Provz.c7ec7, further, that the acquisition of new instruments, equipment, and systems
12                          shall be harmonized with the phase-out of uneconomical and obsolete instruments,
13                          equipment, and systems in the pHIVOLCs inventory;
14                   (b) Volcano Monitoring Network Infrastructure and Information system Development
15                           -  for  all  active  volcanoes  of the  Philippines  that  will  ensure  early  waming  of
16                          volcanic activity even at volcanoes of long dormancy;
17                    (c)  Sustainable  Development  of continually  Evolving  Technologies  for Eruption -
18                          early waming will help the national government keep abreast with the latest in s&T
19                           while  maximizing  its  investment  in public  safety  amidst technology  shifts  and
20                          changes.  From  state-of-the-art  systems  to  customized  off-the-shelf instruments
21                          interfaced by the Internet-of-Things,  such technologies provide quality scientific
22                          data while  instilling  a culture  of dynamic technical  leaming,  vital to  long-term
23                           organizational growth and performance;
24                   (d) Earthquake Monitoring and Information system Development -establish, operate,
25                          and maintain an advanced infrastructure for earthquake and tsunami monitoring
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throughout the Philippines that operates with high performance standards, gathers
critical technical data, and effectively provides information products and services
to meet the needs of the Philippine government and the public;
(e)  Reliable   Monitoring  -  continuously  monitor  earthquakes   and  other   seismic
disturbances throughout the Philippines, including earthquakes that may cause a
tsunami or precede a volcanic eruption, with special focus on regions of moderate
to high hazard and risk;
(f)  Enhancement of Earthquake Monitoring Network for Protection/Conservation -
this  will  thoroughly  measure  strong  earthquake  shaking  at  ground  sites  and  in
buildings and critical structures. The focus should be on urban areas and near major
active  fault  zones  to  gather  greatly  needed  data  and  information  for  reducing
earthquake impacts on buildings and structures;
(g) Development of Forecasting Capability for Impending Large Earthquakes/Tsunami
Events - develop machine-leaned capability to determine earthquake parameters,
and the resulting information will automatically be broadcast to mobile phones and
social  media accounts whenever a  significant  earthquake  occurs  for immediate
assessment of impacts. In areas feasible for sites at a distance from the epicenter,
an early waming will be broadcasted seconds before strong shaking arrives. Provide
similar capabilities for automated warnings and alerts for tsunamis;
(h) Establishment  of Permanent  PHIVOLCS  Main  Office  Building  and  Facilities,
Including Land Acquisition - to house the data receiving/operation centers for real-
time volcano, earthquake, and tsunami monitoring. This shall ensure the stability
and protection of government investments in scientific, technical equipment and
research laboratories;
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(i)  Enhancement of Research  and  Development Capability - this  shall  involve the
enhancement of research and development capability through a more rationalized
and totally integrated approach with established earthquake and volcano research
laboratories,   focusing   on   the   improvement   of  operations,   as   well   as   the
strengthening of specialized services with cost recovery measures;
¢)  Enhancement of Public Information and Linkages with Local Government Units
and Other Stakeholders - this shall include continuous sharing of information to
LGUs and other stakeholders that help in the disaster planning, preparation, disaster
mitigation, among others;
(k) Enhancement of Volcanic  and Earthquake Data and Information Dissemination
Services - this shall involve the development and use of a communication strategy
for ensuring the use of plain and local language, non-technical temis and familiar
graphical presentations,  in combination with science-based information that will
ensure the delivery of accurate, up-to-date and tinely earthquake, tsunami,  and
volcano-related   information   to   create   greater   public   awareness   and   draw
appropriate response for disaster risk reduction: P7`ovz.ded, that PHIVOLCS shall
partner with the Komisyon sa Wikang Filipino (KWF), various Sentro ng Wika at
Kultura, Philippine Commission on Women, and other rights-based organizations
for the development or enhancement of socially-inclusive products.  PHIVOLCS
shall   collaborate   with  both  public   and   private   organizations   to   effectively
disseminate data and products;
(1)  Strengthening of the Human Resource Development Program (HRDP) -The HRDP
of PHIVOLCS will continue to be aligned with the strategic goals of the Institute.
This   shall  ensure  that  personnel   are  provided  equal   opportunities   for  self-
improvement to be competent, motivated to work, and rewarded. Priority will be
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1                          given to the complementation and capacity building of a wide range of experts in
2                          volcanology, seismology-related sciences, engineering, and information technology
3                          and to efficiently develop, operate, and maintain advanced monitoring systems and
4                          distill and communicate accurate volcano, earthquake, and tsunami information for
5                          public guidance.  Support for continued professional  leaming will further ensure
6                          skills development and motivation that will translate to better s&T services;
7                   (in) Provision of Risk Information -this involves the sharing of risk infomation with
8                          LGUs and other stakeholders in order to provide social and economic protection
9                           and increase resiliency in the face of disaster. This shall include continuous sharing
10                          of information  to  LGUs  and  other  stakeholders  that  help  in  disaster planning,
11                          preparation, disaster mitigation, and risk transfer, among others.
12                    (n) International   Cooperation   -enhance   interaction   and   cooperation   with   the
13                          international community and ensure that the philippines has official representation
14                           in the geoscientific community.
15                   SEC. 9. Collaboration or Linkages with Local Government units (LGUs). -With
16      this institutional modernization of PHIVOLCS, the roles of the local government will also be
17      enhanced to cover the following areas:
18                   (a) Public Intermediary -the local government, together with national and local news
19                          media  and  the   emergency   management  community,   shall   frequently   act  as
20                          intermediaries between pHIVOLCs and its complex target audience, including the
21                          general public, institutional decision makers, and emergency responders, especially
22                          in crafting plans attuned to the local needs of its constituents to increase public
23                           resilience to earthquakes, tsunami, and volcanic eruptions, to reduce or eliminate
24                          long-term risk to human life and property and shorten recovery periods based on
25                            risk assessments;
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(b) Information  Dissemination -  it  is  critically  important  for  PHIVOLCS  to  work
closely with the national and local disaster agencies to craft appropriate inforination
messages,  to   regularly  test  and  evaluate  their  dissemination  communication
channels,  and to  identify  gaps  and dissemination problems  so  that the tsunani
messages reach the intended users when an event occurs;
(c) Awareness  and  Promotion  -  outreach  and  communication  with  the  public  are
crucial  to  their  understanding  and  awareness  of the  nature  of the  geotectonic
hazards, the risks to personal safety and property, and the steps to reduce those risks,
including the  deployment  of sustainable,  reliable,  and  effective  monitoring  and
waning systems. With this, the local government is expected to promote local and
international   recognition   programs,   its   own   interfaces   with   the   enhanced
PHIVOLCS system with its increased coverage, and explore avenues to enjoy its
full benefits; and
(d) Technical Review - the local government shall contribute to the review of local
research, exchange information, and coordinate local projects during regular local
meetings   to   ensure   readiness   for   disasters,   that   appropriate   guidelines   are
consistently crafted, and that local support infrastructure to the enhanced systems is
froded.
SEC. 10. Components of the HRDP. -This component shall include the following:
(a) New Salary  Scale  for PHIVOLCS  Personnel  -   The Department of Budget and
Management (DBM) shall develop a new salary scale for PHIVOLCS personnel in
consonance  with Republic  Act No.  8439,  as  amended,  otherwise known as the
Magma   Carta   for   Scientists,   Engineers,   Researchers   and   other   Science   and
Technology Personnel in Government, with a corresponding increase in the base
pay, allowances, and other benefits;
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1                    (b) PHIVOLCs personnel Retention Incentive -an additional incentive to be known
2                           as the  Personnel  Retention Incentive  shall be provided to  qualified PHIVOLCS
3                          personnel, to be determined by pHIVOLCs in consultation with DBM in an amount
4                          not  exceeding twenty  percent  (20%)  of the  monthly  basic  salary  subject to  the
5                          implementing rules and regulations which shall be hereinafter formulation;
6                   (c)  Scholarship program -Not later than three (3) years from the enactment of this Act,
7                           scholarships shall be provided for undergraduate and graduate studies in volcano-
8                          and  seismology-related  fields  as  well  as  for  specialized  training  programs,  in
9                          coordination  with  the  DOST,  Commission  on  Higher  Education  (CHED)  and
10                          Higher Education Institutions (HEls). Cooperation on human resources upgrading
11                          and capability enhancement with regional and international organizations shall also
12                          be undertaken; and
13                   (d) Development of Regional and International cooperation program -this shall entail
14                          the development of appropriate collaborative arrangements with relevant regional
15                          and international bodies and government institutions to complement the national
16                          effort for modernization.
17                   SEC.11. Disaster preparedness, Public Information and Dissemination services.
18      -The institutional modemization of pHIVOLCs shall enhance public information, education,
19      and  advocacy  on  earthquake,  tsunami,  and  volcano  hazards  and  risks.  To  facilitate  the
20      appropriate appreciation and delivery of science-based information to target stakeholders for
21      proper response  actions  before  and during the  occurrence  of these  hazards,  there  shall be
22       provision for:
23                    (a)  Fully-equipped  and  well-staffed  learning/training  center  that  will   serve  as  a
24                          platform   for   planning,   implementing,   monitoring   and   evaluating   capacity
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1                          development   programs   for   various   stakeholders   regarding   mitigation   and
2                          preparedness for volcanic eruptions, earthquakes, and tsunami-related hazards;
3                    (b) A knowledge management system (composed of people, process,  infi-astructure,
4                          and strategy) that will ensure that researches are attuned to the public's needs and
5                          that  research  and  development  outputs  are  translated  into  culturally-relevant,
6                          gender-responsive,  and disability-inclusive  capacity  development programs,  and
7                          waming and risk information products and services for key stakeholders and the
8                           public; and
9                    (c)  A multi-channel  and multi-directional  communication strategy  and  standardized
10                          procedures  that  shall  ensure  access  to  and  effective  dissemination  of  useful
11                          information  on  volcano,  earthquake,  and  tsunami  disaster  preparedness,  risk
12                          reduction, and emergency response to intended stakeholders and the public.
13                   SEC.   12.   Formulation   and   Submission   of  the   PHIVOLCS   Modernization
14      Program. -The Executive Director of the pIIIVOLCs in coordination with the secretary of
15      the  DBM and the  Director-General  of the National  Economic  and Development Authority
16      (NEDA),   shall   formulate   the   PHIVOLCS   Modernization   Program   and   oversee   its
17       implementation based on the policy objectives provided in this Act.
18                   The PHIVOLCS Modernization program shall indicate among others:
19                    (a)  PHIVOLCs requirements in terms of personnel, equipment, and facilities during
20                          the various stages of modemization;
21                    (b) The modemization projects, which shall  indicate the equipment and technology
22                          acquisitions, including major construction or upgrade of facility and the particular
23                           objective  and  component to  which  such  intended  acquisition,  construction,  and
24                          upgrading belongs to; and
25                    (c) The priorities, schedules, and estimated cost of each modemization project.
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1                   SIIC.13. Period of Implementation. -The modemization program under this Act
2      shall be implemented for an initial period of three (3) years: Provz.dcd, That payments for multi-
3       year contract obligations incurred under this Act may extend beyond this period. Provz.c7ec7,
4      further that PHIVOLCS  shall  continue  to  modemize  and constantly  update  its  operational
5       capabilities to keep pace with best international practices.
6                   SEC.   14.   PHIVOLCS   Modernization   Fund.  -  There   is   hereby   created  the
7      PHIVOLCS Modernization Fund to be used exclusively for the PHIVOLCS Modernization
8      Program, which shall be sourced from the following:
9                    (a)  The amount offive billion pesos (P5,000,000,000.00) to be taken from the share of
10                          the  National  Government  in  the  gross  income  of the  Bases  Conversion  and
11                          Development Authority (BCDA). For two (2) years after the effectivity of this Act,
12                           an amount of two billion five hundred million pesos (P2,500,000,000.00) per year
13                           shall  be  released  to  the  PHIVOLCS.  The  entire  amount  of five  billion  pesos
14                           (P5,000,000,000.000),   including   any   interest   income  thereon,   shall   be   used
15                           exclusively for capital outlay.
16                    (b) Loans, grants, bequests, and donations whether from local or foreign sources. The
17                          Secretary  of the  DOST  with  the  approval  of the  NEDA  and  subsequently  the
18                          Department of Finance (DOF) is hereby granted the authority to enter into loan
19                           agreements with foreign financial institutions.
20                   The PHIVOLCS Modernization Fund shall be administered by the Executive Director
21      of the pHIVOLCs in accordance with existing government budgeting, accounting, and auditing
22      rules andregulations.
23                    SHC.15. Annual Report. -The Executive Director of the pHIVOLCs shall prepare
24      an annual report on the status of the implementation of the PHIVOLCS Modernization program
25      which shall be submitted through the DOST secretary, to the president, and to the chairpersons
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1      of the committee on science and Technology of the senate and the House of Representatives
2      not later than June 30 of the succeeding year.
3                    SEC.  16.  Tax  Exemptions.  - Donations,  grants,  gifts,  endowments,  legacies,  and
4      contributions used actually, directly, and exclusively for the purpose of pHIVOLCs shall be
5      exempt from donors tax and the same shall be considered as an allowable deduction from gross
6      income for purposes of computing the taxable income of the donor, in accordance with section
7       34 (H)(2)(a) of the National Internal Revenue code of 1997, as alnended. Likewise, such other
8      transfers of ownership and/or possession of real or personal properties of all kinds shall be
9       exemptfromalltaxes.
10                   SEC.17.  Procurement  of Scientific  and  Technical  Materials,  Equipment,  and
11       Services.  -  The  PHIVOLCS  shall  undertake  the  procurement  of scientific  and  technical
12      materials, equipment, and services in its operation and administration in the most expeditious
13      manner and adopt the most suitable or appropriate method of procurement that it deems fit
14      based  on  its  identified  needs  and  requirements  depending  on  the  existing  conditions  and
15      requirements that justify the use of a particular alternative modality provided for by Republic
16      Act No. 9184, otherwise known as the Government procurement Reform Act and its IRR.
17                   SHC.18. Hxemption from Import Duties, Taxes, and Restrictions. -Importation
18      and consignments of equipment shall benefit from:
19                    (a)  Exemption from all duties and taxes;
20                   (b) Waiver of economic prohibitions and restrictions except for categories of special
21                          goods and equipment that may be indicated by the PHIVOLCS;
22                   (c) Clearance without regards to the country of origin or the country from which the
23                          goods have arrived, subject to monitoring for reasons of public health and security;
24                          and
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1                    (d) Immediate release  of urgent,  necessary  monitoring  equipment when there  is  an
2                           ongoing volcanic eruption.
3                   SEC.19. Simplification of Documentation Requirements. -
4                   (a)  Consignments of equipment sent by intemational collaborative research partners
5                           shall  be  cleared  or released  on the  basis  of a  simplified  equipment  declaration
6                         providing  the  mininum  infomiation  necessary  for  the  Bureau  of Customs  to
7                          identify the equipment and object, when deemed necessary, to completion of a more
8                          complete declaration within a specified period.
9                   (b) The requirements for the declaration for all imports of equipment by or on behalf
10                          of international  collaborative  research  partners  and  any  supporting  documents
11                           relating to it, release, and clearance shall be simplified and lodged without fee.
12                   SEC. 20. Appropriations. -The amount necessary to carry out the implementation of
13      this Act shall be initially charged against the current fiscal year appropriations of the DOST-
14      PHIVOLCS.   Thereafter,  the  amount  needed  for  the   continued  implementation  of  the
15      modemization shall be included in the General Appropriations Act.
16                   SEC. 21. Imp]ementing Rules and Regulations. -Within ninety (90) days from the
17      effectivity of this Act, the pHIVOLCs shall issue the IRR for the effective implementation of
18      this Act in consultation with relevant stakeholders.
19                   SEC.  22.  Repealing  clause.  -  All  laws,  rules,  and  regulations  or  parts  thereof
20      inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
21                   SEC. 23. Separability clause. -If any part, section or provision of this Act shall be
22      held invalid or unconstitutional, no other part, section or provisions thereof shall be affected
23       thereby.
24                    SEC. 24. Hffectivity. -This Act shall take effect fifteen (15) days after its complete
25      publication in two (2) newspapers of general circulation.
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Approved,
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