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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILLNo.___ 30

Introduced by Representative JOEY SARTE SALCEDA

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

EXPLANATORY NOTE

Why We Need to Amend our Disaster Risk Reduction and Management Law?

Eight years after the enactment of R.A. 10121, concerns about the destruction and
sufferings that typhoons and earthquakes cause goads the President of the Philippines, His
Excellency Rodrigo Roa Duterte to ask, during his State of the Nation Address (SONA)
delivered on July 24, 2017, “both houses of Congress to expeditiously craft a law establishing
a new authority of department that is responsive to the prevailing 21" century conditions and
empowered to best deliver (an) enhanced disaster resiliency and quick disaster response.

RA. 10121 was a landmark legislation for Philippine disaster risk reduction and
management. It initiated a shift from our decades-old DRRM policy on reactive emergency
management and preparedness, to one that is proactive by prioritizing disaster risk
reduction, prevention and mitigation over disaster response. Many years of intense advocacy
work by stakeholders and two unfortunate large scale disasters — Typhoons Ondoy and
Pepeng — hitting Luzon particularly hurting Metro Manila in 2009 finally compelled the
passage of R.A. 10121 after 32 years from P.D.1566 of 1978.

Among the institutional innovations of R.A. 10121 is the establishment of permanent
disaster management offices at all levels of local government in contrast to the disaster
management councils before but which for economic expediency was maintained at the
barangay level. The practice of permanent disaster management office was pioneered by the
Province of Albay in 1994 which was hailed internationally as one of the best practices in
achieving zero casualty during disasters. Likewise, there was consensus that the membership
of the inter-agency body, the National Disaster Coordinating Council (NDCC), was radically
expanded, transforming it into the National Disaster Risk Reduction and Management

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Council (NDRRMC) as we know it today, which is now mandated to supervise and lead not
only in emergency management but also in the implementation of disaster risk reduction
through its “policy-making, coordination, integration, supervision, monitoring and
evaluation” functions.

One of the key policy contentions is whether to establish an independent, high-level
institution or to maintain the existing institutional set up was already adequate to address the
country’s mounting challenges in disaster risk reduction and management as risks of climate
change and urbanization were rising just as ambitions for social change were similarly
heightening. R.A. 10121 decided that the organizational structure, financial and human
resources of the Office of Civil Defense (OCD) were adequate to make it the lead agency in
“administering a comprehensive national civil defense and disaster risk reduction and
management program.”

But the structural strength of R.A. 10121 was to be continuously stress-tested by
several disasters which culminated with Super Typhoon Yolanda — which took almost 10,000
lives and destroying billions of pesos of livelihoods and economic assets in one fell swoop.
This exposed the weaknesses of the institutional set up under R.A. 10121 where extreme
difficulties were encountered in carrying out the heavy responsibility of concretely
integrating the disaster risk management framework in our national and local planning
processes, and ensuring that institutions tasked with safeguarding environmental
protection, health and well- being, sustainable livelihoods, social protection and the
regulation of public and private infrastructure are actually equipped with skills and
knowledge necessary for effective risk assessments and vuinerability reduction, so. that
the impacts of disasters are truly prevented or mitigated.

While R.A. 10121’s strength lies in its institutionalization of stakeholder
participation in policymaking for disaster risk reduction and management, through an
expanded membership of the Council, and while this, in itself, is a development by leaps and
bounds, R.A. 10121’s shortcoming is its failure to create an institution that is in a sufficiently
high position to oversee the implementation of streamlined disaster risk reduction and
management policies nationwide, an institution that has the necessary authority, mandate
and resources to lead and coordinate the efforts of different stakeholders towards a more
resilient nation. The occurrence of Super Typhoon Yolanda and other large-scale disasters
revealed that problems encountered in coordinating and implementing large-scale disaster
risk reduction and management efforts are rooted primarily in the nature of our governance
framework for disaster risk reduction and management.

Renowned American jurist Oliver Wendell Holmes once said that the life of the law
has not been logic, but experience. Our policies should be responsive to lessons learned
through experience, and this could not be truer than in the realm of disaster risk reduction and
management. In 2015, the Global Climate Risk Index ranked the Philippines fifth
among the most affected countries within a 20-year period (1994 to 2013), with the
most number of climate-related extreme weather events during that period. In 2015, the
World Risk Index raised the ranking of the Philippines as the second most at-risk country out
of 171 countries in the world. Because of the adverse impacts of climate change as well as
the increasing number of human settlements, the risks that we as a country face increase
every day, and these risks can only be expected to become worse in the face of the new
normal. Our policies should be designed to face this new normal,


In line with the mechanism of the Sunset Review, which mandates the Congressional
Oversight Committee to conduct a systematic evaluation of the accomplishments and impact
of R.A. 10121 as well as the performance and organizational structure of its implementing
agencies, for purposes of determining remedial legislation within five years from the law's
effectivity, member agencies of the NDRRMC, civil society organizations and basic sectors
have conducted consultations and dialogues on their experiences in implementing R.A.
10121 through the past disasters, identified the issues and gaps of the law, and looked at how
the law can be further improved to address the ever increasing challenges of disaster risk
reduction and management in the Philippines.

The Department of Disaster Resiliency

This present bill is the product of action research, sharing of experiences, and
dynamic discussions among various stakeholders from national and local
government agencies, organizations and communities while benefitting from comparable
international experiences. As a response to the output of these consultations and research,
it is the intention of this bill to establish a much-needed, stronger, self-governing
Department of Disaster Resiliency (DDR), one that is clearly mandated to lead in the
coordination, monitoring, oversight and implementation of disaster risk reduction and
management, equipped with the necessary competency and resources to engage new actors,
particularly in the field of risk transfer and insurance, and built with the necessary structure to
manage broader governance climate-disaster governance arrangements and oversee the
implementation of disaster risk and vulnerability reduction and management towards Sendai
Framework for Disaster Risk Reduction and the Sustainable Development Goals, as
enshrined in the 2030 Agenda for Sustainable Development. These agreements are particular
significance for the Philippines for addressing common, interlocking issues affecting the
country’s aspiration for a prosperous, sustainable future. These issues converge on the
Philippines’ vulnerabilities which stem from its geographical location, socioeconomic
features including a rapidly growing population, and external factors like climate change
which is outstripping the country’s natural coping capacity.

This bill has the strategic clarity of designating and empowering the DDR as the lead
agency for the implementation of (1) vulnerability and risk reduction policies, programs and
projects and (2) rehabilitation and reconstruction; and (3) assess collective progress towards
achieving purpose of Agreement and reconstruction and its long-term goals, and to do so in a
comprehensive sustainable manner, considering prevention, mitigation, anticipatory
adaptation measures and support, in the light of equity, capacity building, best available
science, technology transfer and other development.

The Department, ensure that it has a sufficiently high level of authority to orchestrate
different actors, policies and programs for disaster risk reduction and management. It has
the authority not only to receive but also to administer, mobilize, report, monitor and oversee
the utilization of the National Disaster Risk Reduction and Management Fund, recovery and
rehabilitation funds, and donations for disaster risk reduction and management. The
Department will be subsumed the Office of Civil Defense which will continue to perform its
original mandate under L.O.I. 19 (1971) and P.D. 1566 that are not directly or indirectly
repealed by this amendatory bill, particularly its duty to administer a comprehensive national
civil defense and civil assistance program, the training of community volunteers for civil

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defense and assistance, and other mechanisms for community preparedness. The
Department of Disaster Resilience Council (DDRC) will now focus solely on policy-making
and function as a platform for coordination of policy concerns and managing the secretariat
and the operations center to support the DDRC.

TRANSFERRING PHIVOLCS, PAGASA, GEOSCIENCES OF MGB, BFP AND CCC
TO THE DEPARTMENT OF DISASTER RESILIENCY

The creation of the Department of Disaster Resiliency once enacted has the potential
to completely change the climate-disaster resilience landscape of the Philippines. This bill
builds and improves upon the previous law, RA 10121 that created the National Disaster Risk
Reduction and Management Council. Whereas NDRRMC’s strength lies upon its enhanced
stakeholder participation DRM policy formulation, The Department of Disaster Resiliency
will be the body with sufficient power, mandate, and resources to implement, integrate and
mainstream disaster risk and vulnerability reduction and climate change adaptation and
mitigation into local and national processes.

Natural Disasters in the Philippines

The Philippines is beset by disasters emanating from both natural and human-induced
hazards. However, it is the former that has been the constant threat to life and property due to
its frequency and unpredictability. It has been said time and again that the Philippines is a
hotbed for disasters due to its geographic location: it is within the Pacific Ring of Fire as well
as an entry-point to an average of around 20 tropical cyclones, some of which are highly
destructive.

It can be argued that increased vulnerability and losses in potential socioeconomic
development can be attributed to human induced hazards (i.e. armed conflicts) but there is no
question that disasters due to natural hazards has done the same and has been directly
responsible to tens of thousands of death as well as billions in dollars of damages.

It is in acknowledgement of this fact that the very first version of a disaster
management law, Presidential Decree 1566, was enacted. This law recognizes that the
“Filipino has always endured the hardship of a hostile environment” and primarily “sought to
survive against typhoons, floods, earthquakes, epidemics, fires and other major calamities.”

The second iteration, the aforementioned Republic Act 10121, was also crafted to
address the consequences of natural hazards. The enactment of the law was even sped up due
to Tropical Storm Ondoy, a tropical cyclone that devastated the Metro Manila area, opening
the eyes of our lawmakers to the importance of reducing our vulnerabilities and managing
disaster risks.

Both laws tried to address disasters emanating from both natural and human induced
hazards. However, if one looks closely enough at how they were both crafted and how the
law is presently applied all over the country, one will notice that majority of the actions taken
by Philippine disaster managers has been to address the negative effects of natural hazards.


This is the challenge that lies before the new Department of Disaster Resiliency: If it
is to respond to the ravages of natural hazards, it will need a greater understanding of its
nature.

Greater understanding will require scientific research, knowledge and resources that
may not be directly available to the new department. It needs to have its own capacity and
access to the best available information for it to effectively perform its mandate. The absence
of its own capacity and reliance on other entities is a step back to what it was originally
intended for - a department with enough authority to completely implement its function.
Furthermore, reliance on data providing government agencies has been shown ineffective in
the past due to the fact that disaster agencies are left at the mercy of what the data provider
will only provide, leaving very little room for innovation and sound decision-making.

PHIVOLCS, PAGASA, MGB, and CCC

There are presently two bodies nationally recognized as authorities by virtue of being
lone government agencies when it comes to geological and hydrometeorological agencies:
The Philippine Institute for Volcanology and Seismology (PHIVOLCS) and the Philippine
Atmospheric, Geophysical, and Astronomical Administration (PAGASA). Both agencies are
attached bureaus of the Department of Science and Technology and are there presumably
because the very nature of their work is based on science.

But if one were to look into history, PAGASA did not originally belong to the DOST.
It was passed around different government agencies during the Marcos years until finally sent
to its mother agency in 1987 by through an executive order (EO 128, s. 1987).

The same is true of PHIVOLCS, which was originally the Commission of
Volcanology. Much of the geophysical and seismological units of PAGASA was later
transferred to what is now PHIVOLCS, who was already transferred to the DOST in the same
year.

‘There is no denying that much of the work of both bureaus deal with science but is
that enough to attach them to a science and technology department? This is an important
question because a bureau’s mother agency can task them to do various work which may
interfere in the pursuance of their mandate.

Given the location and the geologic condition of the Philippines, it sits in the center of
natural hazards. The country is in the frontier of typhoons from the Pacific Ocean, wherein an
average of 20 typhoons per year pass the Philippine Area of Responsibility (PAR). It is also
included in the “Pacific Ring of Fire”, the part of the planet where most earthquake and
volcanic eruptions occur. It is imperative to have detailed scientific geohazard maps.

To address the need to provide geo-hazard maps for DRR, the Mines and Geosciences
Bureau in 2004 initiated the national hazard mapping program, even though they do not have
the mandate to create such maps, produced 1:50,000 geo-hazard maps by 2010 and was
followed by 1:10,000 scales in 2014. However, these maps only use single scenario which is
not consistent with RA 10121 and the Sendai Framework for Action which require
probabilistic risk assessment. To deal with the requisite of the latter, it is imperative to utilize


advanced science and technology that will generate multi-scenario hazard maps that can
incorporate potential impacts of climate change e.g. PAGASA and NOAH Center maps.

To focus on the impacts of climate change, the Climate Change Commission was
established to mainstream programs and action plans pursuant to the provision of the
Republic Act 7929 or the Climate Change Act of 2009. Since its inception, how many Local
Climate Change Action Plans (LCCAP) had been approved? How many climate change
adaptation measures/projects had been granted? The goal of the commission is, no doubt, for
the benefit of the Filipino people, but the commission should have by now provided concrete
outputs and results.

Mission, Vision, and Mandate

If you look closely at both agencies’ mission, vision, and mandate, both are geared
towards preparing the nation to the threats of disasters borne out of natural hazards through
early warning, prevention, and mitigation.

PAGASA’s mission is “Protecting lives and properties through timely, accurate and
reliable weather-related information and services.”

This statement is truer for PHIVOLCS, whose Vision is to become “A leading global
science and technology institution in helping develop communities safe from and resilient to
volcanic eruptions, earthquakes, tsunamis and other related hazards. It also aims to “provide
timely and quality information and services for warning, disaster preparedness and
mitigation. This we do through the development and application of technologies for the
monitoring and accurate prediction of, and determination of areas prone to, volcanic
eruptions, earthquakes, tsunamis and other related hazards, and capacity enhancement for
comprehensive disaster risk reduction.” In fact, the very creation of PHIVOLCS was because
of a disaster caused by the eruption of Mt. Hibok-Hibok.

By their very mandates alone, it is clear that their main goal is the management and
reduction of risks to disasters while the promotion of science and technology is secondary.

They cannot function in their fullest potential when the mother agency’s main thrust
is the development and promotion of science and technology. It is also for this same reason as
to why the DOST cannot make proper innovations in the realm if disaster risk reduction: it is
simply not their priority.

The DOST, burdened by other responsibilities, cannot focus entirely on disasters. On
the other hand, DDR’s first and foremost observance is the reduction of our risks to disasters
~ a perfect match to the mandate of both PAGASA and PHIVOLCS. To subsume both
agencies to DRR makes sense - the only thing that makes sense from DRR and CCA
perspective. The DRR can benefit greatly from their expertise in the field of geological and
hydrometeorological hazards. At the same token, both agencies can benefit as from DRR’s
guidance and direction,

Under the ADMINISTRATIVE ORDER NO. 97-11, Section 1, “The Mines and
Geosciences Bureau shall be the primary government agency under the Department of
Environment and Natural Resources (DENR) responsible for the sustainable exploration,

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development, utilization and conservation of all mineral resources in public and private lands
within the territory and exclusive economic zone of the Republic of the Philippines.” The
agency’s task is to safeguard and make sustainable use of mineral lands.

In the past, MGB conducted deterministic geohazard mapping in order to make an
assessment for mining lands. The methods employed are surveying and manual assessment of
the topography which results to an indicative natural hazard maps, that lacks precision and
accuracy in addressing DRR in accordance with the RA 10121 and Sendai Framework for
Actions.

Lastly, primary function of the Climate Change Commission is to “Ensure the
mainstreaming of climate change, in synergy with disaster risk and vulnerability reduction,
into the national, sectoral and local development plans and programs” (RA 9729). However,
with the current organizational structure, there is an apparent difficulty in implementing its
decrees. Subsuming the Commission in the Department of Disaster Resilience will allow
resources pooling that will aid the CCC in accomplishing its outcome, outputs, results and
functions.

‘The proposed Department of Disaster Resiliency is a robust response to the lessons
identified and learned throughout the country’s recent catastrophes while applying and
employing the mechanisms provided by R.A. 10121 — they invariably point to the need for a
strong and independent regulator and monitoring body that will ensure the effectiveness and
accountability of duty-bearers in the performance of disaster risk and vulnerability reduction
and climate change adaptation. Most importantly, this bill seeks to ensure the safety and
welfare of both present and future generations of Filipinos, and establish a self-governing and
strong Department of Disaster Resilience (DDR) and more inclusive disaster risk and
vulnerability reduction and climate change adaptation and mitigation policies so that the
needs of those who are most at-risk will be met,

In view of the foregoing, approval of this bill is earnes


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO.__30

Introduced by Representative JOEY SARTE SALCEDA.

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:

CHAPTERI
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

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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 adaptive capacity.

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 a comprehensive, integrated, and proactive approach
to lessening the socioeconomic and environmental impacts of disasters and climate change;

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

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

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

(10) Mainstream disaster risk and vulnerability reduction in government by ensuring risk-
informed planning, programming, implementation, monitoring, and evaluation, and the use of

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quality management, accountability, and performance systems in measuring and improving
the effectiveness and efficiency of disaster risk and vulnerability reduction management
processes across all government levels, including those offices which manage peace processes
and conflict-resolution approaches, so as to minimize loss of lives and damage to properties
and ensure that communities in conflict zones can immediately resume their normal lives at
the conclusion of episodes of intermittent conflicts,

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

(12)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 appropriate, efficient,
and timely recovery of disaster-stricken communities, especially for the poorest and most
vulnerable;

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

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

(16)Create an 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 have a track record and expertise recognized
both locally and internationally as well as the capacity to implement the science and
engineering requirements necessary for effective climate change adaptation, and disaster risk
and vulnerability reduction;

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

(19)Ensure transparency and accountability in climate-disaster risk governance by
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

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families affected by disaster and emergency rehabilitation projects to guarantee the resumption
of normal social and economic activities,

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

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

(b) Roles and Responsibilities of Stakeholders. The commitment, goodwill, knowledge,
experience, and resources of relevant stakeholders are critical to realize a safer, adaptive,
resilient and inclusive Filipino community. Citizens shall have the shared vision and duty to
provide support to the State in the implementation of policies and programs, particularly the
Disaster Resilience Framework and Plan at the national, regional and local levels.

(I) Civil society organizations, nongovernmental organizations, _ international
nongovernmental organizations, private sector, practitioners of climate and disaster mitigation,
organized voluntary work organizations and community-based organizations shall participate,
in collaboration with public institutions, to, inter alia, provide specific knowledge and
pragmatic guidance in the context of the development and implementation of normative
frameworks, standards and plans for disaster risk and vulnerability reduction; engage in the
implementation of local, national, regional, and global plans and strategies; contribute to and
support public awareness, a culture of protection, prevention and conservation, and education
on disaster risk; and advocate for resilient communities and an inclusive and whole of society
risk reduction and management which shall strengthen the synergies across groups, as
appropriate,

Q) 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;

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

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

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

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

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

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

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

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and planning:

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

(I!) 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 and training for their employees
and customers; engage in and support research and innovation as well as technological
development for disaster risk management; share and disseminate knowledge, practices and
data; and actively participate, as appropriate and under the guidance of the public sector, in the
development of normative frameworks and technical standards that incorporate disaster risk
management, and

(13) The media shall take an active and inclusive role at the local, regional, and national
levels in contributing to the raising of public awareness and understanding, and disseminate
accurate disaster risk, hazard and disaster information, including on small-scale disasters, in a
simple, transparent, easy-to-understand and accessible manner, in close cooperation with
national and local authorities; adopt specific disaster risk and vulnerability reduction
communication policies; support, as appropriate, early warning systems and life-saving
protective measures; and stimulate a culture of prevention and strong community involvement
in sustained public education campaigns and public consultations at all levels of society, in
accordance with national practices.

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

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

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

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

d) Assisting International Actor refers to any foreign state, organization, entity or
individual responding to a disaster within or transiting through the country to respond to a
disaster in another country.

©) 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.

1) 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

s


abilities, as well as human knowledge, skills and collective attributes such as social
relationships, leadership and management. Capacity may also be described as capability.

9) Civil Society Organizations (CSOs) refer to non-state actors whose aims are neither
to generate profits nor to seek governing power, but to unite people to advance shared goals
and interests. 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.

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

) 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.

1) 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.

@ Disaster Mitigation refers to the lessening or limitation of the adverse impacts of
hazards and related disasters, Mitigation measures encompass engineering techniques and
hazard-resistant construction as well as improved environmental policies and public awareness,

6


land use planning, and climate change.

1) 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.

3) 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.

1) 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 processes for citizens to articulate their
interests, exercise their legal rights and obligations, and mediate their differences.

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

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

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

2) Disaster Risk Reduction and Management Information System refers to a specialized
database which contains, among others, information on disasters and their human, material,
economic, and environmental impact, risk assessment and mapping, and vulnerable and

7


marginalized groups.

wm) 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

&) Fligible 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

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

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

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

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

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

i) Geographically Isolated and Disadvantaged Area (GIDA) refers to areas with a
marginalized population which is physically and socioeconomically separated from the
mainstream society and characterized by physical factors, and isolated due to distance, weather
conditions and transportation difficulties in island, upland 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.

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

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

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


mm) International Disaster Relief and Initial Recovery Period refers to the period which
commences upon the issuance of a request for international disaster assistance or upon
acceptance of an offer, and shall continue until terminated pursuant to guidelines set in the
implementing rules and regulations.

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

0) 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.

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

11) Mitigation refers to effort to reduce or limit greenhouse gas emissions or enhance
greenhouse gas sequestration.

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

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

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

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

ww) Open Data refer to facts and statistics that can be freely used, shared and built-on
by anyone, anywhere, for any purpose. These must be available in bulk, should be available
free of charge, or at least at no more than a reasonable reproduction cost. The information
should be digital, preferably available by downloading through the internet, and easily
processed by a computer. These must permit people to use, reuse, and redistribute, intermix

9


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.

3x) 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.

2) 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”.

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

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

xe) 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.

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

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

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

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.

ii) 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,

10


enterprise, or state authority will obtain resources from the other party after a disaster occurs,
in exchange for ongoing or compensatory social or financial benefits provided to that other
party.

i) 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.

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

HW) Vital Facility Items refer to government risk reduction and preparedness equipment,
accessories and other items such as radars, weather forecasting equipment, and 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.

1m) Vulnerable and Marginalized Groups refer to those who are at risk due topoverty
and other underlying risk factors including women, children, the elderly, differently-abled
people, and ethnic minorities.

00) 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.

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

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

m) 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 IT
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

uw


management and climate change action plans, programs, projects, and activities.

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

(a) Risk Reduction

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

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

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

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

5. Create an enabling environment for the design of relevant and appropriate risk-sharing
and risk-transfer instruments;

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

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

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

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

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

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

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

(b) Disaster Preparedness and Response

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

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

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

4. Exercise command and control over relevant government agencies, including
government-owned and -controlled corporations, the Philippine National Police and other law

12


enforcement agencies, during an imminent or actual disaster. Such command and control shall
include the authority to utilize available services, assets, equipment, personnel, facilities, and
other resources;

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

6. 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;

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

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

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

(c) Rehabilitation and Recovery

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

2. Implement the cluster approach to expedite reconstruction efforts and orchestrate and
serve as the clearinghouse for the participation of assisting actors in such efforts; and

3. Ensure that the principle of “Build Forward Better” is applied to rehabilitation and
recovery efforts,

(d) Other Powers and Functions

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

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

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

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

5. Use of advanced science and technologies in disaster risk reduction and management

13


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

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

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

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

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

CHAPTER IL
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.

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

SEC. 8. Emergency Measures at the Local Level.

(a) LGUs shall enact an ordinance on and implement through the Local Disaster
Resilience 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, shall be carried
out in a manner that is humane, respectful of the dignity and culture of persons, without using
disproportionate force, without discrimination, and with conscious attention to the needs of
vulnerable and marginalized groups.

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

14


SEC. 9. Hierarchy of Evacuation Measures. —

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

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

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

SEC. 10. Release from Liability in Case of Refusal to Evacuate. —

(a) Any person who willfully and deliberately disregards or opposes the order of forced
evacuation issued by the local chief executive 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.Jnspection 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 public purpose in anticipation of,
during, and in the aftermath of emergencies, hazards and disasters and only when there is
imminent danger of loss of lives and/or damage to property, subject to payment of just
‘compensation in appropriate cases.

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

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

15


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

CHAPTER IV
ORGANIZATION AND MANAGEMENT

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

SEC. 16,Powers and Functions of the Secretary. — The Secretary of the Department shall
exercise the following powers and functions:

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

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

©) Manage the financial and human resources of the Department;

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

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

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

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

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

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

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

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

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

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

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

(c) Ten (10) Assistant Secretaries, to be appointed by the President, who shall assist the
Secretary in administering the affairs of the Department to be responsible for overall staff

16


supervision, Internal Audit, Administration, Disaster Resilience Fund Management, Fiscal
Management, Operations, Mobilization, Plans and Programs, Legal, Project Management and
Sustainable Development;

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

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

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

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

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

5) The Policy Development and Planning Service shall be responsible for providing
responsive, efficient and effective services relating to research, planning, programming,
budgeting, project development, and policy formulation of civil defense and disaster risk
reduction and management projects and activities.

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

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

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

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

7


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

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

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

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

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

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

(i) Seconded personne! from relevant agencies and detailed service from the uniformed
services, as appropriate; and

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

CHAPTER V
FINANCE AND ADMINISTRATION

SEC. 18. Fiscal Management, ~ The Department shall manage all funds appropriated to
it by Congress and from other sources. This shall include all donations, as contemplated under
the succeeding paragraph, subject to the provisions of Section 3, paragraph (D) of Article IX,
of the 1987 Constitution on the auditing powers of the Commission on Audit.

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

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

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

18


taxes and import duties of national and local government agencies;

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

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

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

(b) The NDRC shall be chaired by the Secretary of Disaster Resilience and shall be
composed of the following:

Secretary of Science and Technology;

1

2 Secretary of the Interior and Local Government;

3. Secretary of Social Welfare and Development;

4. Secretary of National Defense;

5, Director-General of the National Economic and Development Authority;
6 Secretary of Health;

7. Secretary of Environment and Natural Resources;

& Secretary of Agriculture;

9 Secretary of Education;

10. Secretary of Energy;

Il. Secretary of Finance;

12 Secretary of Trade and Industry;

1B. Secretary of Transportation;

14. Secretary of Budget and Management;

15. Secretary of Public Works and Highways;

16. Secretary of Foreign Affairs;

17. Secretary of Justice;

18 Secretary of Labor and Employment;

19. Secretary of Tourism;

2. Secretary of Information and Communications Technology;
21 Presidential Adviser on the Peace Process;

2 _ Chairperson of the Commission on Higher Education;

2B. 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;
2%. 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;
2%. Lead Convenor of the National Anti-Poverty Commission;
30. Chairperson of the Philippine Commission on Women;

31. Chairperson of the Housing and Urban Development Coordinating Council;
32 Chairperson of the National Council for Disability Affairs;
33. Chairperson of the National Commission on Indigenous Peoples;

19


Chairperson of the National Commission on Muslim Filipinos;
Chairperson of the National Youth Commission;

President of the Government Service Insurance System;
President of the Social Security System;

President of the Philippine Health Insurance Corporation;
President of the Home Development Mutual Fund;

President of the Union of Local Authorities of the Philippines;
President of the League of Provinces of the Philippines;
President of the League of Cities of the Philippines;

President of the League of Municipalities of the Philippines;
President of the Liga ng mga Barangays;

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

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

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

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

(d) Technical Management Advisory Group - The Department may constitute, as the
need arises, a technical management advisory group from the different stakeholders, 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.

SESHSSSRBARRE

SEC. 21. Monitoring, Reporting and Validation. —

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

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

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

(b) Validation. The Secretary shall require the 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.

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

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(1) The Regional Disaster Resilience Councils (RDRC) —

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

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

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

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

(i) LDRC Budgetary Requirements of LDRO — The budgetary requirements for
personal services, maintenance and other operating expenditures, and capital outlay of the
LDRO shall be sourced from the General Fund ofthe LGU, subject to Section 76 of Republic
Act No. 7160, 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 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

2.


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;

(b) 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;

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

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

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

The MSCU shall establish a platform that includes, among others, a database for
monitoring and coordinating efforts and resources of stakeholders.

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

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

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

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

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

CHAPTER VII
CLIMATE AND DISASTER RESILIENCE RESEARCH, EDUCATION, AND

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TRAINING INSTITUTE

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

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

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

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

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

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

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

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

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

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

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

(d) Financial Support to the Center:

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

2) The Department shall assist in the establishment of Research and Training 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,

23


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

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

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

(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 reduction management and climate change adaptation,
and shall mandate all tertiary learning institutions to offer these subjects.

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

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

(f) The DepEd, CHED, TESDA, developmental institutions and community-based
organizations shall regularly review, monitor, evaluate and report to the Council the status of

24


integration, mainstreaming and implementation of climate change adaptation, disaster risk and
vulnerability reduction and management in public-private schools and other learning
institutions.

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

(h) The DRC, the RDRCs, the LDRCs, 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 well as the inclusion of DRVR-climate change
adaptation programs as part of programs and projects of the Sangguniang 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, integrated, calibrated, inclusive, localized, science- and risk-based, gender, culture
and disability sensitive and accessible using multimedia. Information, education, and
communication on climate change adaptation and disaster risk and vulnerability reduction
management should be compelling but not alarming.

(b) The NDRC shall formulate a Strategic Risk Communications Plan to encompass the
entirety of disaster risk and vulnerability reduction and climate change adaptation to achieve
the desired behavioral and attitudinal change towards responsible citizenship and culture of
resilience. It shall serve asa 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 designated at all
levels of the Department to ensure implementation of the disaster risk and vulnerability
reduction and management and climate change adaptation information, education, and
communication campaign and shall serve as the primary coordinator for the dissemination of
information, education, and communication on climate change adaptation and disaster risk and
vulnerability reduction management

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

SEC. 31.Flash Appeal or Appeal for International Assistance. ~ Upon consultation with
the NDRC and in cognizance of the urgency, criticality and intensity of an imminent risk, the
DDR shall issue a flash appeal to the family of nations, under regional and multilateral

25


conventions, for assistance in preparedness including preemptive measures, search, rescue and
retrieval, relief, recovery, and reconstruction.

CHAPTER X
CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES

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

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

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

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

CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

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

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

26


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

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

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

(d) Transmission of Early 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 use of integrated
early warning system to ensure it is consistent and locally contextualized with the
communication protocol and safe evacuation procedure of the affected communities to achieve
zero casualty, to zero death.

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

CHAPTER XII
DISASTER RESPONSE AND EARLY RECOVERY

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

‘The declaration and lifting of the state of calamity may also be issued by the local
Sanggunian, upon the recommendation of the LDRO, based on the results of the damage
assessment and needs analysis: Provided, 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 LDRF.

SEC. 38. Emergency Management. — The respective Climate and Disaster Resilience
Councils shall lead in preparing for, responding to, and recovering from the effects of any

cay


disaster, upon due consideration to the economics of classification, capacity and
vulnerability of the local governments concerned:

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

b) The city/municipal Disaster Resilience 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;

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

a) Department of Finance - Bureau of Customs;

b) Department of Foreign Affairs;

c) Department of Social Welfare and Development;

4) Department of Health;

e) Food and Drug Administration;

f) Department of Agriculture;

g) Department of Energy;

h) Philippine National Police;

i) Philippine Coast Guard; and

i) Department of Justice - Bureau of Immigration

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

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

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

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

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CHAPTER Xf
INTERNATIONAL HUMANITARIAN ASSISTANCE

SEC. 42.International Humanitarian Assistance. - The Department shall promulgate
guidelines on international humanitarian assistance, including the initiation, entry, facilitation,
transit, regulation, and termination thereof, as well as those involving international disaster
relief and personnel assisting international actors, visa waiver, recognition of foreign
professional qualifications, entry of international disaster goods and equipment, and exemption
from port duties, taxes and restrictions.

SEC. 43.Assessment of the Need for International Humanitarian Assistance. — (a)
Immediately after the declaration of a state of calamity by the sanggunian of an LGU or by the
Department, as the case may be, the Department shall determine as to whether domestic
capacities are likely to be sufficient to attend to the needs of affected persons for international
humanitarian assistance. 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 assisting international actors, or it may be a
general request directed to the international community.

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

CHAPTER XIV
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 Department, in coordination with relevant government

29


agencies and organizations, shall provide and facilitate the necessary training and accreditation
to the respective government personnel to be deployed for such offer, facilitation and provision
of international humanitarian assistance 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 envisaged.

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

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

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

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

A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

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

SEC. 54, Duty of Compliance by Eligible Assisting Actors. — In order to benefit from the
aforementioned legal facilities, eligible assisting international actors shall:
(a) Declare that all the goods and equipment they seek to import under this Act are

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exclusively for Disaster Relief or Initial Recovery Assistance and that they comply with any
relevant standards under Philippine laws; and

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

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

(a) Exemption from all duties and taxes;

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

(c) Clearance without regard to the country of origin or the country from which the goods
have arrived, subject to monitoring for reasons of public health and security,

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

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

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

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

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

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

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

C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

SEC. 61. Disposition of Equipment and Unused Goods. ~The DRC shall provide for the
guidelines for retention, reexportation, donation and disposal of unused goods and equipment

31


after the termination of Disaster Relief and Initial Recovery Assistance operations.

(CHAPTER XVI
RECOVERY

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

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

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

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

(d) Employ outcome-driven planning and implementation;

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

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

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

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

CHAPTER XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY

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

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

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

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

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

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

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,

32


whether at the national or local level shall conform to the provisions and implementing rules
and regulations (IRR) of Republic Act No. 9184, otherwise known as “Government
Procurement Reform Act”, as amended.

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

CHAPTER XIX
PROHIBITED ACTS AND PENALTIES

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

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

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

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

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

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

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

Sexual exploitation and abuse, and other 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 —

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

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

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

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

(5) Buying, for consumption or resale, from disaster affected persons, relief goods,
equipment or other aid commodities received by them;

(6) Selling of relief goods, equipment, or other aid commodities which are intended for
distribution to disaster victims;

(7) Forcibly seizing relief goods, equipment, or other aid commodities intended for or
consigned to a specific group of victims or relief agency;

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

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

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

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

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

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

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

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

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

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

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

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

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

(18) Benefiting 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;

(c) 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)

34


thereof;

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

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

(£) 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

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

2) Of the annual appropriation for the LDRF, eighty percent (80%) shall be
appropriated for climate change adaptation, disaster risk and vulnerability reduction,

35


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) Ofthe 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 LDRF shall submit to the
Department their monthly statements on the utilization of LDRF and make an accounting
thereof in accordance with existing accounting and auditing rules.

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

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

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

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

(@ 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.

(0) 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

36


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).

(f) 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 laws, rules, and regulations.

SEC. 70.Separation Benefits of Officials and Employees of Affected Agencies. ~ National
government employees displaced or separated from the service as a result of this Act shall be
entitled to separation pay and other benefits in accordance with Republic Act No. 6656, and
other existing laws, rules or regulations: Provided, That those who are qualified to retire under
existing retirement laws shall be allowed to retire and receive 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
concemed stakeholders, shall issue the necessary rules and regulations for the effective
implementation of this Act within ninety (90) days from the effectivity of this Act.

SEC. 73. Congressional Oversight Committee. — There shall be created a Congressional
Oversight Committee on Climate Change and Disaster Resilience to monitor and oversee the
implementation of the provisions of this Act. The Committee shall be composed of six (6)
members from the Senate and six (6) members from the House of Representatives with the
Chairpersons of the Committees on National Defense and Security of both the Senate and the
House of Representatives as joint Chairpersons of this Committee. The five (5) other members
from each Chamber are to be designated by the Senate President and the Speaker of the House
of Representatives, respectively. The minority shall be entitled to pro rata representation but
shall have at least two (2) representatives from each Chamber.

SEC. 74. Review. — Five (5) years after 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.

7


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

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

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

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

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

Approved,

38