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Introduced by HON. RODRIGO A. ABELLANOSA

EXPLANATORY NOTE

According to the 2018 World Risk Index calculated by the United Nations
University Institute for Environment and Human Security (UNU-EHS), the
Philippines is the world’s third most prone country to the occurrence of extreme
natural events. The Global Facility for Disaster Reduction and Recovery estimates
that since 1990, the country has been beset by 565 natural disasters including
cyclones, earthquakes, floods, landslides, tsunamis, volcanic eruptions, and
wildfires.

The passage of the National Disaster Risk Reduction and Management Act of
2010 marked the beginning of the government's proactive approach to both
natural and human-induced calamities but the aftermath of typhoon Yolanda
followed by a series of natural disasters such as the earthquake that
devastated Bohol, the eruption of Mayon volcano, and the landslides in
Baguio City and Naga, Cebu, as well as the armed conflict in Mindanao, has
shown that efforts need to be further improved and more aggressive measures
must be institutionalized.

This bill seeks to create an inclusive society with committed stakeholders by
establishing the Department of Disaster Resilience that shall be tasked to
implement programs that will reduce risk, boost preparedness, facilitate
timely response, and ensure rapid recovery and rehabilitation.

In view of the foregoing, passage of this Bill is earnestly sought.

(uo

RODRIGO A. ABELLANOSA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18% Congress
First Regular Session

House Bill No. "2563

Introduced by HON. RODRIGO A. ABELLANOSA

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 [
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 (UNFCCC), the Sendai Framework for Disaster
Risk Reduction 2015-2030, the 2015 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 climate change

It shall be the duty of the State to:

(1) Uphold the people's constitutional right to life and 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
@ 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 humanitarian 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) Recognise and strengthen the capacities of LOUs, communities and
multiple stakeholders in mitigating and preparing for, responding to,
recoveting, fom ‘the impact of Giaesturs ucagh Wantification of toock rake
patterns, and decentralized powers, responsibilities, and resources at the
regional and local levels;

(9) Adopt and inplement @ comprehensive, integrated, efficient and
disaster

adhering to transparency accountability and other principles of good
governance within the context of poverty alleviation and environmental
protection;

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
socioeconomic

lessening the
including climate change, and promote the involvement and participation of
all sectors and all stakeholders concerned, at all levels, especially the local
community;

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

(13) Adopt risk sharing and risk transfer mechanisms to ensure the

-, 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) ith rripsoedarated yt epriy cipal ear ap reamed

inherent capacities to contribute to resilience;

(16) Create an enabling 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
havea 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’

i 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 facilitating 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, adapt 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.

{) Civil society organizations, ana imme sl organizations,
international nongovernmental organizations, sector,
practitioners of climate and disaster mitigation, ceaciincd wobantant
work organizations and community-based organizations shall
participate, in collaboration with public institutions, to, inter alia,
provide specific knowledge and pragmatic guidance inthe 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 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;

®) 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;

) 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;

© 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;

(@ 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;

®) 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;

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

ized 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 action by local communities and
authorities; and 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 training for their

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
disaster risk and vulnerability reduction communication policies;
support, as appropriate, carly 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:

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

_ (0) Assisting Actor refers to any Assisting International Actor and any
Domestic Actor responding to a disaster in the country.

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

(a) 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.

(@) Build 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.

(f) 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-state actors whose
aims are neither to generate profits nor to seck 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 or as a result of human activity as defined under
Republic Act No. 9729, otherwise known as the “Climate Change Act of 2009”.
‘These include internal 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.

() 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.

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,

(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

ironmental policies and public awareness, land use planning, and climate
change.

(*) 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.

(9 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 way in which public
authorities, civil servants, media, private sector, and civil society coordinate
at community, national and regional levels in order to manage disaster and
climate related risks. This means ensuring that sufficient levels of capacity
and resources are made available to prevent, prepare for, manage, and recover
from disasters. It also entails mechanisms, institutions, and 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.

(¥) 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.

@) Disaster Risk Reduction and Management Information System refers to
database which contains, among others, information on
pees 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 warning 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 warning
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 warning 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.
(bb) 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.

(ce) 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.

(ff 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
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 a
socioeconomically separated from the mainstream society
characterioed by physical actors, ane ienlated diac to distance, Ceather
conditions and transportation difficulties in island, upland ‘lowland,
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

(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
etisll Caxdnsias ntl. Nersiensied cretion to guidelines’ act. 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

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.
(7) Mitigation refers to effort to reduce or limit greenhouse gas emissions
or enhance greenhouse gas sequestration.
fea) National | Comtiracky 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.
ee ee es
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

management in the pre-disaster and post-disaster phases. It shall be in
confoemy with the nations} Glasser rlek eutnetion ond menegenert

ett ih en el

i
‘such as extreme temperatures, El Nino, Ta Nite, forest itn oc okogien
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 if the data have been changed, or that new datasets created
using their data are also shared as open data.

(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.

(yy) 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.

(22) 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.

(0) 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 existing conditions of
that togétfier could "potentially harm exposed people,
property, services, livelihdod and they
depend.
(999) 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.
(hhh) Deterministic Risk Assessment refers to an assessment that
considers the possible disaster impacts of a single scenario. This is in
contrast to probabilistic risk assessment 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
Sori ws terete ray.
(iii) 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.
(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.
ll) Vital Facility Mems refer 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.

(pp) Whole-of Government Approach refers to an approach that

government's options, and increases efficiency to maximize all available
resources in a collaborative effort.

(aqq) Whole-of-Nation Approach refers to an approach that secks 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 alll the nation’s communities.

(rm) 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

(2) 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;

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

(@) 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 risk reduction in development planning,
including disaster-proofing and climate-proofing of land-use plans and
the preparation of contingency plans;

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

(© 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);

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

(22 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;

(44) 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

(22) 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

(4) 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

(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;

(S) _Callon 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 risk assessments, to include
deployment of rapid assessment teams to gather information for precise
actions as a basis for emergency preparedness and humanitarian
response;

(8) Organize, train, equip, and maintain a system of 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;


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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 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;

(8) Create and continuously update, in consultation with
a manual of operations for accredited community disaster
Teailienco vobuniners anid inauitations; and

(9) Perform such other functions as may be necessary for the
effective implementation of this Act.
CHAPTER II
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 disasters and only when there is
imminent danger of loss of lives and/or damage to property.

Emergency

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) 14Us shail enact an ordinance on and implement through the Local
Resilience Office (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,

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

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 or the
Department, releases 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 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
pubic 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


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contribution to global, regional, and other inter-governmental disaster risk
reduction and humanitarian platforms;

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

(@ Promulgate such rules and regulations | and peror™m
such Gther functions as may be necessary or proper to attain the objectives
of this Act.

SEC. 17. Organizational Structure, Punctions and Management. — The
Department shall be composed of the following officials and offices:

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

(6) Five (8) Undersecretaries, to be appointed by the President, who
shall assist the Secretary in administering the affairs of the , one
sane responsible for Resilience, one to be responsible for Policy and
Governance, one to be responsible for Operations, one to be responsible for
Cewmiseation and. Finance, and the Senior Undersecretary. The
Cinderseeretaries shall have functional and operational supervision over the
aac eras, divisions, offices and units assigned to their respective functional
areas;

@ ‘Ten (10) Assistant Secretaries, to be appointed by the President, who
shall sesist the Secretary in administering the affairs of the Department to be
responsible for ‘overall staff supervision, Internal Audit, Administration,
Mavilisation, Plans and Programs, Legal, Project Management and
Sustainable Development;

Service, the Disaster Risk Reduction Service, the Climate Change Service, the
Recovery and Reconstruction Service, and the Strategic Communications
Service:

(2) The i and Financial Management Service shall
provide the Department with economical, efficient and effective services
Pilating to human resource management and development, financial

‘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

gathering, maintenance and updating of a database of pertinent assets
and resources belonging to any and all agencies instrumentalities
of the Government, as well as and civic in

(3) The Operations Service shall be responsible for formulating,
implementing and monitoring the operational plans of the Department


ensuring its operational readi
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

(©) The Capacity-Building and Service shall be
responsible for building and developing the capacity of the Department's
personnel, civil defense practitioners, comm! 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

interpret
provisions of contracts covering work involving the Department; and
fnonitor the compliance with regulatory and reportorial matters involving

(8) ‘The Disaster Risk Reduction Service shall be responsible for
reducing disaster risks through systematic efforts and programs of the

at, proving 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

., efficient and effective services relating to the formulation of
standards for rehabilitation and recovery programs, projects, activities,
and their subsequent implementation.

(42) 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

(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;


G) ‘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;

(@) Regional and other field offices of the Department that shai! be
cotatiohed in each administrative region, each to be headed by @ Regional
Director with the rank of Director IV;

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

it;

funds

fnclude ‘all donations, as contemplated under the succeeding paragraph,
Subject to the provisions of Section 3, paragtaph (D) of Article IX, of the 1987
Constitution ission on Audit.

SEC. 19. Donation. — {a) The Department shall have the power to
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;

tecovery-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 (CMTAJ", as amended, and the
prevailing provisions of the General Appropriations i
Tnternal 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


(CATA) shall be considered as importation or donation to the Department,
subject to the approval of the Office of the President.

CHAPTER VI
WHOLE-OF-GOVERNMENT AND WHOLE-OF-NATION APPROACH
SEC. 20. National Disaster Council, — (a) There is hereby

Creat ae auviaory body to the Department on disaster risk reduction apd
mnanagement and climate change adaptation, consistent with the policies and
scope as defined in this Act.

) ‘The NDRC shall be chaired by the Secretary of Disaster Resilience

and shall be composed of the following:
(») Secretary of Science and Technology;
(2) Secretary of the Interior and Local Government;
(2) 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 of Agriculture;
(9) Secretary of Education;
(20) Secretary of Energy;
(22) Secretary of Finance;
(22) Secretary of Trade and Industry;
(23) Secretary of Transportation;
(24) Secretary of Budget and Management;
(25) Secretary of Public Works and Highways;
(26) Secretary of Foreign Affairs;
(27) Secretary of Justice;
(28) Secretary of Labor and Employment;
(29) Secretary of Tourism;
(20) Secretary of Information and Communications Technology;
(22) 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;
(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;

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

(30) Chairperson of the Philippine Commission on Women;

(32) Chairperson of the Housing and Urban Development Coordinating

(32) Chairperson of the National Council for Disability Affairs;
(33) Chairperson of the National Commission on Indigenous Peoples;
(24) Chairperson of the National Commission on Muslim Filipinos;
(35) Chairperson of the National Youth Commission;

($6) President of the Government Service Insurance System;

(37) President of the Social Security System;

(58) President of the Philippine Health Insurance Corporation;
(34) President of the Home Development Mutual Fund;

(40) President of the Union of Local Authorities of the Philippines;
(42) President of the League of Provinces of the Philippines;

(42) President of the League of 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) Mision’ of st (6), repromentstivcs froma. the ‘cieil socioty

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

{c). Composition — The Council is hereby organized into five (5) clusters,
namely: Disaster Prevention and Mitigation to be led by DOST, Disaster

(d) Technical Management Advisory Group - The Department may
constitute, as the need arises, a technical management advisory group from
the different stakeholders, that 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. —
Monitoring and Reporting. On or before the last quarter of the

Department
DDR annual work and financial plans (AWFPs} for the next year.
‘The AWFPS shall be based on the DDR Pian.

‘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

(a) Validation. The Secretary shall require the submission 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.

(1) The Regional Disaster Resilience Councils (RDRC) —
The Regional Disaster Resilience Councils (RDRCs} shall coordinate,

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 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.

() LDRC Budgetary Requirements of LDRO - The budgetary
requirements for personal services, maintenance and other operating
eaeeaiteton, arid GupttadicutayfOt the LDSEO'ahall be ‘ecureed, Warn the
ee tore ee

otherwise known as the “Local Government Code of 1991, as amended. The
enforcement of Sections 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


Other maintenance and ‘expenditures, and other capital outlay
requirements of the LDRO in the implementation of disaster risk and
reduction and climate

(ii) Establish linkage or network with other LGUs for disaster risk and
purposes;

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

fiv) Establish a Provincial, City, a
= Reed Operations ©

{v) Encourage isan aka and -Controlled Corporations
(COOL) to catabtish their own Climate and Disaster Reallience Operations
Center within their territories.

SEC. 22. rena the Sealeonantre ‘The Department shall ensure
seamless synergy and coordination with stakeholders, including CSOs, the
academe, and the private sector, in relation to disaster resilience programs
and projects and the development and promotion of research, education, and

i i stakeholders.

The Department shall establish a platform, paradigm. and mechanisms
for convergence and coordination with stakeholders, including the
praca okistmeat, votets, al! proentuoee for collabeetion for

SEC. 23. Establishment of Multi-Stakeholders Convergence Unit. — - The

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

) a: coreg a eg San a epee rire as
to ensure service continuity during power and utilities interruptions,
tc aa a <a A

(©) Establishment, incorporation, application of business
compan a pr he Gratien ins of cl een

Tn Peciiietion: ox assistance: oe Obenecing ox Process Sorentiver Fx
the private sector or other nongovernment stakeholders; and

© Preparation and facilitation ofthe 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


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 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 with Stakeholders. - The Department shall ensure
seamless synergy and coordination with stakeholders, including CSOs, the
academe, and the private sector, in relation to disaster resilience programs
and projects and the development and promotion of research, education, and
training 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:

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

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

(©) 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

(c) 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 Vil

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

SEC. 24. Integration of DRR and Climate Change Adaptation in the
and Resilience Framework existing

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
int Gianna dowel 05) Gialaea Hirt Wahamraeiities retacion tod
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

adaptation, di

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.

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
eosin a) Scns) yas: Beas Seesronal ot Ata Act, the

shall establish the Climate and Disaster Resilience Research,

Eaqoatin candi Titling’ fastihine i colahioraitin, with higher efttcation
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


(2)The Department shall assist in the establishment of Research and
Training Centers 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 DISASTER RESILIENCE
INFORMATION, EDUCATION, AND COMMUNICATION CONVERGENCE

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

SEC. 28. Disaster Resilience and Climate Change Education and
Training. ~ (a) The Department of Education, CHED, and Technical Education
and Skills Development Authority (TESDA), in coordination with the National
Youth Commission (NYC), the Department of Science and Technology
(DOST), Department of Environment and Natural Resources (DENR),

education, from K to 12 to tertiary levels, fniliading Uroearty scat att
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,
out-of-school youth courses and programs, and other channels of educational
including media, church, entertainment centers (malls),
;

(b) 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.

{c) 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

tertiary learning institutions to offer these subjects.


{d) The Parents and Teachers Community Associations shall initiate,

practit organized
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.

reduction and management in public-private schools and other learning
institutions.

(g) The LDROs shall form forma) partnerships with tertiary learning
institutions within their respective jurisdictions to provide standard and
vulnerability reduction management and climate change adaptation.

{h) The DRC, the RDRCs, the LDRCs, the 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 weil as the inclusion of DRVR-climate change
adaptation programs as part of programs and projects of the
Kabataan, youth organizations and community-based disaster risk and
vulnerability reduction management and anticipatory adaptation initiatives.

(i) 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,

climate-change
risk and vulnerability reduction management should be compelling but not
alarming.

(b) The NDRC shall formulate a Strategic Risk Communications Plan to

as a reference on continuous awareness raising and education at all levels of


the government and multiple stakeholders,
_ (¢) A Climate and Disaster Resilience Information Officer shall be

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 livehoods and other assets.

SEC. 31. Flash Appeal or Appeat 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-

ing and risk-transfer instruments and other related initiatives to ensure
the protection of property and livelihood, both public and private.

(b) The epearinent 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 unforescen 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
ie eo aarp Me Neererontenl teeter cr gga crag
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


planning, localizing and izing disaster risk and vulnerability
reduction management, preparedness for disaster response,

{b) 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. 3S. Multi-Hazard Early Warning and Risk Communication

‘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.

{b) The Department and all other concerned agencies with an integrated
early warning 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 warning for hydro-meteorological, geologic, or
terrestrial phenomena to the appropriate government agencies or
government eccrsdiied 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) mandates under Republic Act No. 10692 and Executive Order No.
128, Series of 1987, respectively.

() 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 Warning. 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

contextualized
procedure of the affected communities to achieve zero casualty, to zero death.

() 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, That the
Department, through the LDRC, may seek from the local legislative body or
‘Sanggunian, the declaration of a state of imminent disaster to 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

SEC. 38. Emergency Management. — The respective Climate and
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;

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

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

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

(@) The NDRC, if two (2) or more regions are affected.
SEC. 39. Humanitarian Assistance Action Center. - The DRC shall

Bee
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;
(4) Department of Health;
(@) Food and Drug Administration;
(f) Department of Agriculture;
(g) Department of Energy;
(4) Philippine National Police;
() Philippine Coast Guard; and
@ Department of Justice - Bureau of Immigration.

SEC. 40. Accreditation, Mobilization, and Protection of Disaster
Volunteers and National Service Reserve Corps, CSO and the Private Sector.

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 XII
INTERNATIONAL HUMANITARIAN ASSISTANCE

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

it shall determine as to whether domestic capacities are likely to be
sufficient to attend to the needs of affected persons for international
humanitarian assistance. This determination may also be made 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 may be specifically directed to
particular international actors, or it may be a general request
directed to the international community.

SEC. 45. Humanitarian Assistance Action Center. — The Department
lanl natictiwelibe i Incnmecy one-ston op mectertiees called thronsh
Cet (RUANAES aa the recesmig drei tobane of ty cod eclosion oh
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
OFFER 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, facilitate 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 Suerte y in coordination with relevant
and jit

necessary government personnel
to be deployed for such offer, aiteaiet Go cece of intenatarial
humanitarian assistance to a foreign state.

CHAPTER XV
LEGAL FACILITIES FOR 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
aia oe

) The Department shall establish the guidelines and scope for
tec ot Beton 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.

recognition during the International Disaster Relief and Initial Recovery
Periods,

SEC, 52. Facilitation of Access. - The international personnel of
cligible 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 cligible assisting
international actors shall benefit from:

(@) Exemption from all duties and taxes;

(6) Waiver of economic prohibitions and restrictions except for
categories of special goods and equipment that may be indicated by the
Department; and

(0). 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

(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 shalll 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.

SEC. 58. Medications. — ~ Eligible assisting international actors shall be

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
Be rt esta ancl oycicn sue ute tos mentale: ca iemors mote
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:

(@) 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;

(6) 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

(#) 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:

(2) 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;


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

(¢) 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:

(2) 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.

CHAPTER XVIII
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
cogporalion wins cmuraite exqy et tie sollewitg protibied acto ball be Hstsie
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 acts, if
committed by public officials without justifiable cause, shall be considered as
gross neglect of duty:

(2) 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;

(2). 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 forms 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

(2) 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 an 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;

(2) Diverting or misdelivery of relief goods, equipment, or other aid
commodities to persons other than the rightful recipient or consignee;

(2) Accepting, possessing, using or disposing relief goods,
equipment or other aid commodities not intended for nor consigned to
them;

(20) Misrepresenting the source of relief goods, equipment, or other
aid commodities by:


(i)Bither 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;

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

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

(23) 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;

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

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

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

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

(28) 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 of 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;

() Imprisonment of not less than two (2) years but not more than six


{6) years or a fine of not less than Two hundred thousand pesos (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’

|, 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 prescribed in this Act, be deported without
further proceedings after service of the sentence;

(9) 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 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 needed 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
Appropriations 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
LDRFto 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.

(2) Of the amount appropriated for LDRF, twenty percent (20%)
Shall be allocated as Quick Quick Response Fund (QRF) or standby fund for
of goods and relief and early recovery programs in order

that the situation and living conditions of people in communities or areas

(2) Ofthe 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 normalized as quickly as possible.

(4) All departments/agencies and LGUs that are allocated with

change adaptat i
DRP and the guidelines to be issued by the DRC in coordination with the
Department Budget and Management (DBM) and Commission on Audit
(Coa).

Unexpended LDRF shall accrue toa 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
fe ec alee eae a ae

(d) Prevention, Mitigation and Preparedness Fund for third (3) to sixth
(6%) class provinces and municipalities. There shall be in the annual General

Act an amount allotted solely for the use of third (3 to sixth
(6%) 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 (OCD) 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;

(¢) The existing organizational and administrative systems and
processes of the transferred OCD shall serve as the core organization of the
Department.

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

(@) 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
(PHIVOLCS).

() 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 or 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 faws, 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 retirement
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
known as the “Magna Carta of Public Health Workers”.

CHAPTER XXII
MISCELLANEOUS PROVISIONS

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

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

SEC. 74. Review. — Five (5) years after the 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) Sestions Stl) cna S of grils Acs We, 9729, othicrwioe inom
as the Change Act of 2009", as amended by
Republic net No. 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,
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,