Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2461

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

Each year, millions of people are being affected by natural and human-caused disasters all over
the world. These disasters claim lives, cause injuries, disrupt livelihoods, destroy properties and
communities, These have been compounded by climate change, which has already had observable effects
such as accelerated sea level rise, longer periods of drought, and increase in the number, duration, and
intensity of tropical storms."

Stories of massive devastation abound in the Philippines, which is considered the 3" most
vulnerable country to destructive natural events such as earthquakes, volcanic eruptions, typhoons,
flooding, droughts, and rising sea levels.? From 2000 to 2016, natural disasters in the country caused over
23,000 deaths and affected roughly 125 million people with the associated socioeconomic damage
estimated to be about $20 billion with average annual damages of $1.2 billion.’ As the country anticipate
for more and larger disasters to occur in the future, it becomes imperative for the National Government
to reinforce its disaster risk and vulnerability reduction capabilities in order to minimize or avoid large-
scale damage to lives and communities.

This bill seeks the creation of the Department of Disaster Resilience (DDR) which is envisioned
to be the primary government agency responsible for coordinating and overseeing the proper preparation,
implementation, monitoring, and evaluating the disaster and climate change resilience plans, programs
and activities in the country.

This measure will also create the National Disaster Resilience Council (NDRC) the policy
advisory body to the Department. A Multi-Stakeholders Convergence Unit (MSCU), which shall align
the disaster resilience efforts of the private sector, civil society organizations, the academe, and other
stakeholders shall likewise be created.

In its creation, applicable powers, functions, and funds from the Office of the Civil Defense
(OCD), Climate Change Office of the Climate Change Commission, Geo-Hazard Assessment and
Engineering Geology Section of the Mines and Geosciences Bureau, and other relevant offices will be
transferred to the DDR, while the Philippine Atmospheric, Geophysical and Astronomical Services
‘Administration (PAGASA) and the Philippine Institute of Volcanology and Seismoligy (PHIVOLCS)
will be attached to the Department.

With the increasing variability of natural phenomena and vulnerability of communities, the
passage of this Bill must be done with utmost urgency. The 17 Congress of the Hose of Representatives
already approved the same version of this Bill on Third and Final Reading. It is hpped that this bill, will
finally become a law in the 18 Congress.

In view of the foregoing, the passage of this bill is ear

| National Aeronautics and Space Administration. (n.4.). The Effects of Climate Change, Rerieved July 18,
hps://limate.nasa govieffets/
2 WorldRiskReport 2018. Report. Accessed July 13, 2019, htps://weltrisikoberifht de/wp-
contentuploads/2019/03/190318_WRR_2018_EN_RZonline_l pdf
sha 3. A Martinez, , Quising, Z. Ardaniel, and. Wang, 2018, Natural Disasters, Pubic Spending, and Creative Destruction: A Case Study
ofthe Philippines, ADBI Working Paper 817, Tokyo: Asian Development Bank Institute. Available: btps:/www.adb.orp/publiations/naturale
disasters-publie-spending-and-creativedestrucionphilippines

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 248)

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

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

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

CHAPTER I
GENERAL PROVISIONS

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

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

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

The State shall uphold its commitment to the achievement of the sustainable
development goals specifically, integrating and implementing policies and plans towards
inclusion, resource efficiency, mitigation and adaptation to climate change, resilience to
disasters, and develop and implement a holistic disaster risk management at all levels in line
with the Sendai Framework for Disaster Risk Reduction 2015-2030.

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

The State shall integrate and accelerate the implementation of the principles, and
concepts of climate change, disaster risk and vulnerability reduction contained in the Paris
Agreement of the United Nations Framework Convention on Climate Change (UNFCCCC),
the Sendai Framework for Disaster Risk Reduction 2015-2030, the 205 Asia-Pacific
Economic Cooperation (APEC) Disaster Risk Reduction (DDR) Framework, the 2030 Agenda
for Sustainable Development Goals (SDGs), and the Philippine Development Plan (PDP)
2017-2022 in various phases of policy formulation, development plans and investments,
poverty reduction strategies and other development tools, and techniques by all national and
local agencies, institutions and instrumentalities of the government to enhance the country’s
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It shall be the duty of the State to:

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

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

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

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

(5) Recognize the role of, and work with international humanitarians and development
partners especially those with established presence in the country;

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

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

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

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

(10) Mainstream disaster risk and vulnerability reduction in government by ensuring
risk-informed planning, programming, implementation, monitoring, and evaluation,
and the use of quality management, accountability, and performance systems in
measuring and improving the effectiveness and efficiency of disaster risk and
vulnerability reduction management processes across all government levels, including
those offices which manage peace processes and conflict-resolution approaches, so as
to minimize loss of lives and damage to properties and ensure that communities in
conflict zones can immediately resume their normal lives at the conclusion of episodes
of intermittent conflicts;

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

(12) Priotitize the development of disaster prevention and mitigation measures involving
all levels of society and government;

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

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

(15) Recognize and respond to the differentiated concerns and needs of vulnerable groups
‘such as women and girls, children and youth, older persons, persons with disabilities,
urban poor, and indigenous peoples with respect to disaster risk reduction and
management, at the same time, recognizing their inherent capacities to contribute to
resilience;

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

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

(18) Ensure workers’ rights are proactively respected during the disaster preparedness and
response, and actively engage workers’ and employers’ organizations to share
expertise and capacities in disaster risk reduction and climate change adaptation
programs;

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

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

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

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

(23) Establish and maintain the National Loss and Damage Registry; and

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

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

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

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advocate for resilient communities and an inclusive and whole of society risk
reduction and management which shall strengthen the synergies across groups, as
appropriate;

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

(3) Children and the youth as agents of change shall endeavor to actively contribute to
disaster risk and vulnerability reduction, in accordance with legislation, national
practice, and educational curricula; disaster risk reduction and management at all
levels and processes of disaster risk and vulnerability reduction and anticipatory
adaptation, including data gathering, planning, programming, budgeting,
implementation, monitoring and evaluation;

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

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

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

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

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

(9) Farmers and fisherfolk shall contribute to the promotion and protection of the
environmental resource management that will secure food and nutrition resilience
through the integration of disaster risk and vulnerability reduction into sustainable
development policies and planning;

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

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

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

(13) The media shall take an active and inclusive role at the local, regional, and national
levels in contributing to the raising of public awareness and understanding, and
disseminate accurate disaster risk, hazard and disaster information, including on
small-scale disasters, in a simple, transparent, easy-to-understand and accessible
manner, in close cooperation with national and local authorities; adopt specific

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disaster risk and vulnerability reduction communication policies; support, as
appropriate, early warning systems and life-saving protective measures; and stimulate
a culture of prevention and strong community involvement in sustained public
education campaigns and public consultations at all levels of society, in accordance
with national practices.

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

(a) Adaptation refers to the adjustment in natural or human systems in response to
actual or expected climatic stimuli or their effects, which moderates harm or
exploits beneficial opportunities.

(b) Assisting Actor refers to any Assisting International Actor and any Assisting
Domestic Actor responding to a disaster in the country.

(c) Assisting Domestic Actor refers to any not-for-profit entity established under
domestic laws, which is responding to a disaster in the country.

(d) Assisting International Actor refers 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) Building Forward Better refers to an approach to building and/or reconstructing
an area or community, which entails a shift from simple recovery and restoration
to safer, more adaptive, resilient, and inclusive communities.

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

(g) Civil Society Organizations (CSOs) refer to non-estate 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 others, based on ethical, cultural,
scientific, religious or philanthropic considerations. CSOs include nongovernment
organizations (NGOs), professional associations, foundations, independent
research institutes, community-based organizations (CBOs), faith-based
organizations, people’s organizations, social movements, and labor unions.

(h) Climate Change refers to a change in the state of the climate that can be identified
by changes in the mean and/or the variability of its properties, and that persists in
an extended period, typically decades or longer, whether due to natural variability
oras a result of human activity as defined under Republic Act. No. 9729, otherwise
known as the “Climate Change Act of 2009”. These include internal processes or
external forces such as modulation of the solar cycles, volcanic eruptions and
persistent anthropogenic changes in the composition of the atmosphere or in land
use.

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

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

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

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

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

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

(0) Disability refers to an evolving concept that results from the interaction 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 equal basis with others.

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

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

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

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

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

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

(v) Disaster Risk Governance refers to the ways 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 the sufficient levels of capacity and resources are made available
to prevent, prepare for, manage, and recover from disasters. It also entails
mechanisms, institutions, and processes for citizens to articulate their interests,
exercise their legal rights and obligations, and mediate their differences.

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

(x) Disaster Risk Reduction refers to the concept and practice of reducing disaster
risks through systematic efforts to analyze and manage the causal factors of
disasters, including through reduced exposure to hazards, lessened vulnerability of
people and property, wise management of land and the environment, and improved
preparedness for adverse events.

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

(2) Disaster Risk Reduction and Management Information System refers 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.

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

(6b) Ecosystem Management and Restoration refers to an integrated process to
conserve, improve and restore the health of the ecosystem that sustains ecosystem
services for human well-being.

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

(dd) Emergency refers to unforeseen or sudden occurrence, especially danger,
demanding immediate action.

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

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

(gg) Gender-Based Violence refers to violence that is directed against a woman
because of her gender, or that affects women disproportionately. It includes acts
that inflict physical, mental or sexual harm or suffering, threats of such acts,
coercion and other deprivations of liberty.

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

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

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

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


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(U) Imminent Danger refers to a situation where, on the basis of official forecasts, a
disaster will or is expected to occur in a particular geographical area and within an
estimated period of time, and where necessary preparedness actions or financing
are required.

(mm)International Disaster Relief and Initial Recovery Period refers to the period
which 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.

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

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

(pp) Land-Use Planning refers to the process undertaken by public authorities to
identify, evaluate and decide on different options the use of land, including
consideration of long-term economic, social and environmental objectives and the
implications for different communities and interest groups, and the subsequent
formulation and promulgation of plans that describe the permitted or acceptable
uses.

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

(rr) Mitigation refers to effort to reduce or limit greenhouse gas emission or enhance
greenhouse gas sequestration,

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

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

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

(wv) Natural Hazard refers to naturally occurring physical phenomena caused either
by rapid or slow onset events which can be geological such as earthquakes, ground
rupture, liquefaction, landslides, tsunamis, sinkholes, and volcanic activity;
hydrological and meteorological such as floods, severe winds, typhoons, storm
surges, climatological variability such as extreme temperatures, El Nifio, La Nifia,
forest fires, or biological such as disease, epidemics and insect/animal plagues.

(ww)Open Data refer to facts and statistics that can be freely used, shared and built-
on by anyone, anywhere, for any purpose. These must be available in bulk, should
be available free of charge, or at least at no more than a reasonable reproduction
cost. The information should be digital, preferably available by downloading
through the internet, and easily processed by a computer. ‘These must permit
people to use, reuse, and redistribute, intermix with other data providers. These do
not allow conditions to be placed on how people can use Open Data, but permit a
data provider to require that data users credit them in some appropriate way, clarify

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if the data have been changed, or that new datasets created using their data are also
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(xx) Persons with Disabilities refer to individuals who have long-term physical,
mental, intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in society on an equal
basis with others.

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

(zz)Post-Disaster Recovery refers to the restoration and improvement, where
appropriate, of facilities, livelihood, and living conditions of disaster-affected
communities, including efforts to reduce disaster risk factors, in accordance with
the principle of “Build Forward Better”.

(aaa)Private Sector refers to private corporations, households, non-profit institutions
serving households, and other economic enterprises outside of government.

(bbb) Public Sector Employee refers to all persons in the civil service.

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

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

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

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

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

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

(iii) Risk Transfer refers 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.

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

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(kkk) Sustainable Development refers to development that meets the needs of the
present without compromising the ability of future generations to meet their own
needs,

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

(mmm) Vulnerability refers to the characteristics and circumstances of a community,
system or asset that make it susceptible to the damaging effects of a hazard.
Vulnerability may arise from various physical, social, economic, and
environmental factors.

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

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

(opp) Whole-of-Government Approach refers to an approach that integrates the
collaborative efforts of the government departments and agencies to achieve unity
of effort toward a shared goal to broaden the government’s options, and increase
efficiency to maximize all available resources in a collaborative effort.

(99q)Whole-of-Nation Approach refers to an approach that seek to bring about a
concerted effort towards national peace and security by creating consensus and
understanding of security that is shared not just among core security forces and
oversight government institutions, but also by civil society and all the nation’s
communities.

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

CHAPTER II
DEPARTMENT OF DISASTER RESILIENCE

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

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

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

The Department shall augment the capacity of LGUs in collaboration with relevant
national government agencies and other stakeholders to implement disaster risk reduction and
management and climate change action plans, programs, projects, and activities.

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

(a) Risk Reduction

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

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(2) Monitor and ensure the integration of disaster risk and vulnerability reduction and
management and climate change adaptation policies into national development
plans;

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

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

(5) Create an enabling environmental for the design of relevant and appropriate risk-
sharing and risk-transfer instruments;

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

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

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

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

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

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

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

(b) Disaster Preparedness and Response

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

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

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

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

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

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

(7) Implement pre-disaster 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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(8) Organize, train, equip, and maintain a system or response capacity for
search, rescue, and retrieval, and the delivery and distribution of relief
goods;

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

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

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

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

(c) Rehabilitation and Recovery

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

(2) Implement the cluster approach to expedite reconstruction efforts and

orchestrate and serve as the clearinghouse for the participation of

assisting actors in such efforts; and

Ensure that the principle of “Building Forward Better” is applied to

rehabilitation and recovery efforts.

(d)Other Power and Functions

(1)Provide or designate a secretariat to the Climate Change Commission;

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

(3)Coordinate information-sharing and other disaster risk and vulnerability
reduction and climate change adaptation protocols following the principle
of interoperability among national government agencies and LGUs before,
during, and after a disaster. Administer, oversee, and monitor the utilization
of the National Disaster Resilience Fund (NDRF), the Disaster Resilience
Support Fund (DRSF) for third (3"4) to sixth (6") class provinces and
municipalities, and other grants and donations for disaster risk reduction
and management and climate change adaptation, unless otherwise
specified;

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

(5)Use of advanced science and technologies in disaster risk reduction and
management by engaging, consulting with, employing and regularly
funding the academe or higher education and research institutions such as
the University of the Philippines Resilience Institute and the University of
the Philippines Nationwide Operational Assessment of Hazards Center or
other institutions that have a recognized and credible track record, as well
as the capacity to conceptualize and implement the science and engineering
requirements necessary for effective climate change adaptation and disaster
risk reduction;

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

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

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

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

CHAPTER III
GENERAL WELFARE AND EMERGENCY MEASURES

SEC. 6. General Welfare. - The Department shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as the powers necessary, appropriate or
incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare, such as the implementation of emergency measures
including preemptive and forced evacuation, in anticipation of, during, and in the aftermath of
emergencies, hazards and disaster and only when there is imminent danger of loss of lives
and/or damage to property.

SEC. 7. Emergency Measures at the National Level. — The Department may require
the assistance of law enforcement agencies and the uniformed services, such as the PNP and
the AFP, as well as emergency responders, to assist in the implementation of emergency
measures.

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

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

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

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

SEC. 9. Hierarchy of Evacuation Measures. —

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

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

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

SEC. 10. Release from liability in Case of Refusal to Evacuate. ~

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

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

SEC. 11. Inspection and Implementation Powers. ~ The Department shall have
inspection, visitorial and examining authority over government and nongovernmental entities
to ensure that all funds and assets allocated for disaster resilience are actually used for said
paid purposes. The Department shall likewise have the power to inspect and examine the status
of projects and programs being undertaken in furtherance of disaster resilience efforts.

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

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

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

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

SEC. 14, Emergency Arrangements. - The Department shall have the power to
negotiate, enter into, institutionalize and coordinate arrangements with any private person or
judicial entity for the purpose of ensuring the adequate and prompt availability of all goods
and services necessary in anticipation of, during, and in the aftermath of emergencies, hazards
and disasters and only when there is imminent danger of loss of lives and/or damage to
property.

CHAPTER IV
ORGANIZATION AND MANAGEMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 17. Organizational Structure, Functions and Management, - The Department

shall be composed of the following officials and offices;

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

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

(c) Ten (10) Assistant Secretaries, to be appointed by the President, who shall assist
the Secretary in administering the affairs of the Department to be responsible for
overall staff supervision. Internal Audit, Administration, Disaster Resilience
Fund Management, Fiscal Management, Operations, Mobilization, Plans and
Programs, Legal, Project Management and Sustainable Development;

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

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

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

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

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

(5) The Policy and Development and Planning Service shall be responsible for
providing responsive, efficient and effective services relating to research,

16


*870
871
872
873
874
875
876
877
878
879
880
881
882
883
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886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
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914
915
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917
918
919
920
921
922
923
924
925
926
927
928
929

planning, programming, budgeting, project development, and policy
formulation of civil defense and disaster risk reduction and management
projects and activities.

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

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

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

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

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

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

(e) Divisions, units and offices as may be created by the Department and whose
officers and employees shall be appointed in accordance with civil service law,
rules, and regulations;

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

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

(h) Bureaus that are under the supervision and control of the Department;

(@) Seconded personnel form relevant agencies and detailed service from the
uniformed services, as appropriate; and

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

CHAPTER V
FINANCE AND ADMINISTRATION

SEC. 18. Fiscal Management. - The Department shall manage all funds appropriated

to tit by Congress and from other sources. This shall include all donations, as contemplated

7


*930
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932
933
934
935
936
937
938
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940
941
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945
946,
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955,
956
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987
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989

under the succeeding paragraph, subject to the provisions of Section 3, paragraph (D) of Article
IX of the 1987 Constitution on the auditing powers of the Commission on Audit.

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

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

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

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

CHAPTER VI
WHOLE-GOVERNMENT AND WHOLE-OF-NATION APPROACH

SEC. 20. National Disaster Resilience Council, — (a) There is hereby created the
National Disaster Resilience Council (NDRC), which shall serve as the policy advisory body
to the Department on disaster risk reduction and management and climate change adaptation,
consistent with the policies and scope as defined in this Act.

(b) The NDRC shall be chaired by the Secretary of Disaster Resilience and shall be
composed of the following:
(1) Secretary of Science and Technology;
(2) Secretary of the Interior and Local Government;
(3) Secretary of Social Welfare and Development;
(4) Secretary of National Defense;
(5) Director-General of the National Economic and Development Authority;
(6) Secretary of Health;
(7) Secretary of Environment and Natural Resources;
(8) Secretary Agriculture;
(9) Secretary of Education;
(10) Secretary of Energy;
(11) Secretary of Finance;
(12) Secretary of Trade and Industry;
(13) Secretary of Transportation;
(14) Secretary of Budget and Management;
(15) Secretary of Public Works and Highways;
(16) Secretary of Foreign Affairs;
(17) Secretary of Justice;
(18) Secretary of Labor and Employment;
(19) Secretary of Tourism;
(20) Secretary of Information and Communications Technology;
(21) Presidential Adviser on the Peace Process;
(22) Chairperson of the Commission on Higher Education;
(23) Chief of Staff of the Armed Forces of the Philippines;
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1000

1001
1002

1003
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1008
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1010
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1020

1021

1022

1023

1024

1025

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1030

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1038

1039

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1048

(24) Chief of the Philippine National Police;

(25) Head of the Presidential Communications Operations Office;

(26) Secretary-General of the Philippine National Red Cross;

(27) Chairperson of the Commission on Human Rights;

(28) Executive Director of the Council for Welfare of Children;

(29) Lead Convenor of the National Anti-Poverty Commission;

(30) Chairperson of the Philippine Commission on Women;

(31) Chairperson of the Housing and Urban Development Coordinating Council;

(32) Chairperson of the National Council for Disability Affairs;

(33) Chairperson of the National Commission on Indigenous People;

(34) Chairperson of the National Commission on Muslim Filipinos;

(35) Chairperson of the National Youth Commission;

(36) President of the Government Service Insurance System;

(37) President of the Social Security System;

(38) President of the Philippine Health Insurance Corporation;

(39) President of the Home Development Mutual Fund;

(40) President of the Union of Local Authorities of the Philippines;

(41) President of the League of Provinces of the Philippines;

(42) President of the League of the Cities of the Philippines;

(43) President of the League of Municipalities of the Philippines;

(44) President of the Liga ng mga Barangays;

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

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

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

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

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

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

SEC. 21 Monitoring, Reporting and Validation. —

(a) Monitoring and Reporting. On or before the last quarter of the preceding year,
member-agencies of the National Disaster Resilience Council shall submit to the
Department through the Couneil Secretariat their respective DDR annual work
and financial plans (AWFPs) for the next year. The AWFPs shall be based on
the DDR Plan.

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

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

(b) Validation. The Secretary shall require the submissions of reports from LGUs to

validate the progress reports of the Council member-agencies. Submission shall
be through the local field offices of the DDR.

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

(1) The Regional Disaster Resilience Councils (RDRC) - The Regional Disaster
Resilience Council (RDRCs) shall coordinate, integrate, supervise, and evaluate
the activities of the LDRCs. It shall be accountable, responsible and liable for
ensuring climate-disaster risk sensitive and inclusive regional development plans,
and in case of emergencies shall convene the different regional line agencies and
authorities, concerned institutions, developmental partners and multiple
stakeholders.

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

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

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

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

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

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

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

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

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

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

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

SEC. 23, Establishment of Multi-Stakeholders Convergence Unit. - The Department,
with the assistance of other relevant government agencies and stakeholders, shall establish a
Multi-Stakeholders Convergence Unit (MSCU), which shall align the disaster resilience
efforts of the private sector, CSOs, academe, and other stakeholders with the Department by
assisting, coordinating, or providing services that strengthen public-private cooperation and
coordination in disaster resilience, including the following:

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

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

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

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

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

‘The MSCU shall establish a platform that includes, among others, a database for

monitoring and coordinating efforts and resources of stakeholders.

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

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

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

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

SEC. 25. Ecosystem-Based Approach to Prevention and Mitigation, Rehabilitation
and Recovery from Disaster. - The Department shall ensure the application of ecosystems-
based approaches in disaster risk and vulnerability reduction and climate change adaptation,
particularly through ecosystem management and restoration as defined in this Act, and
ensuring that environmental and natural resource policies are risk-informed.

CHAPTER VIII
CLIMATE AND DISASTER RESILIENCE RESEARCH, EDUCATION, AND
TRAINING INSTITUTE

SEC. 26. Creation of the Climate and Disaster Research, Education, and Training
Institute. — (a) Within one (1) year from approval of this Act, the Department shall establish
the Climate and Disaster Resilience Research, Education, and Training Institute in
collaboration with higher education institutions and private and state universities and colleges
(SUCs) which shall be a world-class center of excellence for learning and research in the field
of disaster risk and vulnerability reduction and management and climate change adaptation;

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

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

(1) Establish regional branches as well as provincial, city or municipal branches, if
deemed necessary, to train individuals from the public and private sectors in the
fields of disaster risk and vulnerability reduction and management, climate
change adaptation, and ecosystem management and restoration, among others;

(2) Develop and implement as inclusive and ladderized curricula on climate change
adaptation, and disaster risk and vulnerability reduction and management;

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

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

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

(© Consolidate and prepare information, education and communication and training
materials or publications to assist disaster risk and vulnerability reduction and
management, and climate change adaptation practitioners in the planning and
implementation of their plans, programs, projects and activities;

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

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

(d) Financial Support to the Center;

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

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

CHAPTER IX
INTEGRATION, MAINSTREAMING CLIMATE AND DISASTE RESILIENCE
INFORMATION, EDUCATION, AND COMMUNICATION CONVERGENCE

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

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

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

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

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

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

(8) The DepEd, CHED, TESDA, developmental institutions and community-based
organizations shall regularly review, monitor, evaluate and report to the Council
the status of integration, mainstream and implementation of climate change
adaptation, disaster risk and vulnerability reduction and management in public-
private schools and other learning institutions.

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

(h) The DRC, the RDRCs, the LDRCs, LDROs, the BDRCs, and the Sangguniang

Kabataan shall encourage community, specifically the youth, participation in
disaster risk and vulnerability reduction and climate change adaptation activities,
such as Information, Education and Communication (IEC) campaigns organizing
quick response groups, particularly in identified disaster-prone areas, as well as
the inclusion of DRVR-climate change adaptation programs as part of programs
and projects of Sangguniang Kabataan, youth organizations and community-
based disaster risk and vulnerability reduction management and anticipatory
adaptation initiatives.
There shall be a mandatory training on climate change adaptation-DRVR for
public and private sector employees, including teachers and Climate-Disaster
Resilience Coordinators from both the public and private learning institutions,
who shall be trained in emergency preparedness and response in compliance with
the provisions of this Act;

@

SEC. 29. Standard Mechanism for Cascading Information, Education and
Communication on Climate Change Adaptation and Disaster Risk and Vulnerability
Reduction. - (a) The DRC shall promote and advocate a culture of resilience and
responsible-accountable, liable and responsible citizenship through information, education
and communication that is appropriate, integrated, calibrated, inclusive, localized, science-

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

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

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

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

SEC. 31. Flash Appeal or Appeal for International Assistance. - Upon consultation
with the NDRC and in cognizance of the urgency, criticality and intensity of an imminent
risk, the DDR shall issue a flash appeal to the family of nations, under regional and
multilateral conventions, for assistance in preparedness including preemptive measures,
search, rescue and retrieval, relief, recovery, and reconstruction.

CHAPTER X
CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES

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

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

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

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

CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

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

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

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

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

(a) The Department and all other concerned agencies with an integrated early warming
and information mandate shall collaborate with the local executives and officers to disseminate
climate-disaster risk information through the involvement of LGUs, community-based
organizations, CSOs, and other nongovernmental organizations.

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

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

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

(d) Transmission of Early Waring. A 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 NDRC.

(e) The NDRC at the national and subnational level shall consider the use of integrated
early warning system to ensure it is consistent and locally contextualized with the
communication protocol and safe evacuation procedure of the affected communities to
achieve zero casualty, to zero death.

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

CHAPTER XII
DISASTER RESPONSE AND EARLY RECOVERY

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

The declaration and lifting of the state of calamity may also be issued by the local
Sanggunian, upon the recommendation of the LDRO, based on the results of the damage
assessment and needs analysis: Provided, The Department, through the LDRC, may seek from
the local legislative body or Sanggunian, the declaration of a state of imminent disaster to

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enable the local executives to implement preemptive evacuation and precautionary measures
in order to save lives and minimize damage to property, loss of livelihood, and disruption of
livelihood that require the use of funds and resources under the LDRF.

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

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

(b) The city/municipal Disaster Resilience Council (DRCs), if two (2) or more
barangays are affected;

(©) The provincial Disaster Resilience Council (DRC), if tow (2) or more
cities/municipalities are affected

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

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

SEC. 39, Humanitarian Assistance Action Center. - The DRC shall institutionalize a
one-stop shop mechanism through the Humanitarian Assistance Action Center for the
processing and release of goods, articles or equipment intended for humanitarian assistance
and the processing of necessary documents for international assisting actors. The
Humanitarian Assistance Action Center shall be managed by the Department and shall be
composed of the following NDRC agencies:

(a) Department of Finance- Bureau of Customs;

(b) Department of Foreign Affairs;

(c) Department of Social Welfare and Development;
(d) Department of Health;

(e) Food and Drug Administration;

(8) Department of Agriculture;

(g) Department of Energy;

(h) Philippine National Police;

(i) Philippine Coast Guard; and

Gj) Department of Justice - Bureau of Immigration.

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

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

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

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

CHAPTER XIII
INTERNATIONAL HUMANITARIAN ASSISTANCE

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SEC. 42. International Humanitarian Assistance. - The Department shall promulgate
guidelines on international humanitarian assistance, including the initiation, entry, facilitation,
transit, regulation, and termination thereof, as well as those involving inter ational 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.

SEC. 43. Assessment of the Need for International Humanitarian Assistance. - (a)
Immediately after the declaration of a state of calamity by the sanggunian of an LGU or by the
Department, as the case may be, the Department shall determine as to whether domestic
capacities are likely to be sufficient to attend to the needs of affected persons for international
humanitarian assistance. The determination may also be made by the President, prior to the
onset of an imminent disaster.

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

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

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

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

CHAPTER XIV
OFFERS AND FACILITATION OF HUMANITARIAN ASSISTANCE TO FOREIGN
STATES

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

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

CHAPTER XV
LEGAL FACILITIES ELIGIBLE ASSISTING INTERNATIONAL ACTORS

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

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

SEC. 50. Recognition of Foreign Professional Qualifications. - (a) Eligible assisting
international actors wishing to deploy international personnel for tasks requiring legal
recognition of their foreign professional qualifications shall certify the validity of those
qualifications under the law of the country where they were obtained and the competence of
their personnel for the tasks envisaged.

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

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

SEC. 51. Recognition of Foreign Driving Licenses. - Foreign driving licenses of
eligible assisting international actors shall be accorded temporary recognition during the
International Disaster Relief and Initial Recovery Periods.

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

A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

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

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

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

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

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

(a) Exemption from all duties and taxes;

(b) Waiver of economic prohibitions and restrictions except for categories of special

goods and equipment that may be indicated by the Department; and

(c) Clearance without regard to the country of origin or the country from which the

goods have arrived, subject to monitoring for reasons of public health and
security.

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

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

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

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

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

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

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

C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

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

CHAPTER XVI
RECOVERY

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

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

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

(©) 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;

() Maximize use of private-public sector partnership where possible;

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

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

(h) Ensure restoration of peace and order and recovery of government functions.

CHAPTER XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY

SEC. 63. Remedial Measures Under State of Calamity. - Upon the declaration of a
state of calamity, the following remedial measures shall be immediately undertaken by
concerned government agencies both of national and local levels:

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

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

(c) Programming/reprogramming of funds for the repair of critical facilities or public
infrastructures that are vital for the quick delivery of humanitarian assistance, to reduce
further threat to lives and arrest further deterioration of properties and loss of livelihoods in
the affected communities, following the "Build Forward Better” principle:

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

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

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CHAPTER XVII
PROCUREMENT

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

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

CHAPTER XIX
PROHIBITED ACTS AND PENALTIES

SEC. 66. Prohibited Acts. - Any public official, private person, group or corporation
who commits any of the following prohibited acts shall be liable and be subjected to the
criminal and administrative penalties as provided for in Section 67 of this Act, without
prejudice to the imposition of other criminal, civil and administrative liabilities under
existing laws.

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

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

(2) Failure to create a functional LDR office within six (6) months from the approval
of this Act;

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

(4) Failure to prepare and implement a Contingency and Adaptation Plan for hazards
frequently occurring within their jurisdictions; and

(5) Failure to formulate and implement the LDRP with the corresponding budget
allocation.

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

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

(1) Delaying, without justifiable cause the delivery or improper handling or storage
of aid commodities, resulting to damage or spoilage;

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

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

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

(5 Buying, for consumption or resale, from disaster affected persons, 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) Forcibly seizing relief goods, equipment, or other aid commodities intended for
or consigned to a specific group of victims or relief agency;

(8) Diverting or misdelivery of relief goods, equipment, or other aid commodities to
person s 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 them;

(10) Misrepresenting the source of relief goods, equipment, or other aid commodities

by:
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(j) Either covering, replacing or defacing the labels of the containers to make it appear
that the goods, equipment, or other aid commodities came from another agency or persons;

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

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

(11) Substituting or replacing relief goods, equipment, or other aid commodities with
the same items or of inferior/cheaper quality;

(12) IHegal solicitations by persons or organizations representing others as defined in
the standards and guidelines set by the NDRC;

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

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

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

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

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

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

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

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

(b) Imprisonment of not less than six (6) years but not more than eight (8) years or a
fine or not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00), or both imprisonment and fine at the discretion of the court,
shall be imposed upon any person who attempts to commit any of the prohibited acts in the
preceding section, in violation of subsection (b)(17) thereof;

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

(d) Perpetual disqualification from public office aside from the penalty of fine or
imprisonment or both, shall be imposed if the offender is a public officer, and confiscation
or forfeiture in favor of the government of the objects and 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, the person
shall, in addition to the penalties prescribes in this Act, be deported without further
proceedings after service of the sentence;

(f) Payment of the full cost of repair or replacement of the government risk reduction
and preparedness equipment, accessories and other vital facility or items, or any part

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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

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

CHAPTER XX
APPROPRIATIONS

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

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

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

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

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

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

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

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

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

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

(@) Prevention, Mitigation and Preparedness Fund for third (3rd) to sixth (6th) class
provinces and municipalities. There shall be in the annual General Appropriations Act an

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amount allotted solely for the use of third (3rd) to sixth (6th) class provinces and
municipalities for the purpose of augmenting their LDRF with respect to plans, programs,
projects, and procurement for climate change adaptation, disaster risk prevention,
mitigation, and preparedness. The requirements to avail of this fund shall be laid down in
the rules and regulations to be promulgated by the Secretary.

CHAPTER XXI
FINAL PROVISIONS:

SEC. 69. Transfer and Attachment. —

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

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

(c) The existing organization and administrative systems and process of the
transferred OCD shall serve as the core organization of the Department.

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

(e) The following agencies are hereby attached to the Department:

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

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

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

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

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

SEC. 71. Magna Carta for DDR Personnel. - Qualified employees of the DDR, LGUs
and its attached units shall be covered by Republic Act. No. 8439, known as the "Magna
Carta for Scientists, Engineers, Researchers and Other S & T Personnel in the Government",
and Republic Act No. 7305, otherwise as the "Magna Carta of Public Health Workers".

CHAPTER XXII
MISCELLANEOUS PROVISIONS

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

SEC. 73. Congressional Oversight Committee. - There shall be created a
Congressional Oversight Committee on Climate Change and Disaster Resilience to monitor
and oversee the implementation of the provisions of this Act. The Committee shall be
‘composed of six (6) members from the Senate and six (6) members from the House of
Representatives with the Chairpersons of the Committees on National Defense and Security
of both the Senate and the House of Representatives as joint Chairpersons of this
Committee, The five (5) other members from each Chamber are to be designated by the

33


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Senate President and the Speaker of the House of Representatives., respectively. The
minority shall be entitled to pro rata representation but shall have at least two (2)
representatives from each Chamber.

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

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

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

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

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

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

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

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

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

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

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

Approved,

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