EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVE
H.8. No, $323

INTRODUCED BY REPRESENTATIVE FERDINAND L. HERNANDEZ

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

EXPLANATORY NOTE

President Rodrigo Roa Duterte has repeatedly called for the enactment of a
law creating a highly-specialized agency that will focus on the harmful effects of
natural disasters and climate change. This way, all the resources, knowledge, and
skill of the said agency can be focused towards achieving the goal of ensuring the
safety and security of our fellow Filipinos against natural calamities.

This bill is an answer to the president's call for action,

The Department of Disaster Resilience (the Department), once established by
law, shall possess the necessary powers and functions, along with the technicat
expertise and government support to carry out its mandate. The Department shail
initiate and integrate the crafting and implementation of comprehensive, continuous,
and strategic plans, programs and projects aimed at reducing the risk of all types of
natural hazards and the harmful effects of climate change, with the primordial goal
of ensuring the safety of our fellow Filipinos.


The bill identifies three (3) key result areas to be focused upon by the
Department upon its establishment: (1) Disaster Risk Reduction; (2) Disaster
Preparedness and Response; and (3) Recovery and Building Forward Better. As
such, the Department shall be armed with all the necessary powers by which it can
effectively address these key result areas.

The bill likewise authorizes the Department to exercise such emergency
powers and remedial measures that will be necessary to provide for a timely
response mechanism during, and in the aftermath of, a natural calamity or disaster.
These powers and measures shall be granted to the Department primarily to help
mitigate the unavoidable consequences of natural disasters, and to help alleviate any
future harm that may be suffered by our fellow Filipinos,

‘The bill also recognizes the importance of utilizing present, as welt as future,
developments in information technology as a means of achieving the Department's
primary functions. For instance, the bill requires the Department to establish an
Integrated Disaster Resilience Information System (IDRIS), which shall serve as a
national database of all relevant disaster risk reduction and climate change data. The
bill also tasks the Department with the creation of an early warning system which
shall make use of risk communication protocols to ensure effective and efficient
measures to prepare for, respond to, and recover from present and potential risks
and disasters.

In terms of disaster relief and response operations, the bill seeks to
streamline the process with the establishment of a Humanitarian Assistance Action
Center (HAAC), which shall serve as a mechanism for the processing and release of
of goods, articles, equipment and services, including international relief efforts.

Furthermore, the bill also highlights the involvement of other government
agencies and instrumentalities, such as the various Local Government Units (LGUS),
as well as civic society organizations and the communities that are in threat of being


affected by natural calamities in addressing issues relating to disaster preparedness,
prevention, reparation, and relief.

As a final note, this bill strives to help ensure that the painful tessons learned
from typhoons such as Ondoy and Yolanda, as well as natural disasters that befell
‘our country in past, are translated into laws, systems, structures, and policies that
are truly responsive, with the ultimate goat of protecting the present and future
generations of Filipinos.

In tight of the foregoing, the immediate enactment of this proposed legislation

is sought.
i
ncn i ERNVANDEZ


EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES. )
First Regular Session )

HOUSE OF REPRESENTATIVE

t.B.No, 2213

INTRODUCED BY REPRESENTATIVE FERDINAND L. HERNANDEZ

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:
f ARTICLE I
2 GENERAL PROVISIONS
3
4 Section 1. Short Title. — This Act shall be known as the "Disaster Resilience
5 Act of 2019",
6 Sec 2. Declaration of Policies and Principles. ~The State recognizes that:
7a. The Philippines is one of the countries most vulnerable to climate change and
8 various kinds natural hazards, including, among others, typhoons,
9 earthquakes, floods, volcanic eruptions, fandslides, storm surges, and
10 drought;
ul b. Tremendous physical and economic, losses are sustained by the country, and
2 in certain cases, damage to our national, cultural, and historical heritage,
B each time such natural hazards wreak havoc on an unsuspecting and
4 unprepared populace;
15 ¢. There is an urgent need to establish a focused, streamlined, independent,
16 empowered, capacitated, full-time, specialized agency on disaster risk
7 reduction and management as well as emergency response, which is national


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in scope and civilian in character;

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

Towards this end, the state shall endeavor to ensure;

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

b, That a permanent, institutionalized, cohesive and comprehensive framework
for disaster preparedness, prevention and mitigation, and response, is
adopted, to be Implemented by a highly specialized and focused agency
bearing its own mandate, powers, and funding, in coordination and with the
participation of the Philippine government, other foreign governments and
financial institutions, international organizations, the private sector, and civil
society;

c, That the differing concerns and needs of various sectors or those with higher
vyuinerabilities such as women, children, elderty, persons with disabilities, and
indigenous peoples, are specifically served, with respect to disaster resitience
and disaster management;

d. The implementation of the principles, concepts and action plans of climate
change and disaster risk reduction contained in international and nationat
frameworks and commitments in various phases of policy formulation,
development and investment plans, 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
capacity for climate change adaptation and mitigation;


. Te inculcate a culture of resilience and preparedness for natural disasters at

the national, regional and local levels, and adopt a whole-of-society approach
in disaster resilience to enhance collaboration, planning, and dialogue among
all sectors of society, and in improving their strategies and/or action plans for
disaster risk reduction.

Sec. 3. Definition of Terms. -As used in this Act:

|. Adaptation shall refer to the adjustment in natural or human systems in

response to actual or expected climactic stimuli or their effects, which
moderates harm or exploits beneficial opportunities.

. Assisting Actor shail refer to any Assisting International Actor and any

Assisting Domestic Actor responding to 2 disaster in the country.

. Assisting Domestic Actor shall refer to any not-for-profit entity established

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

|. Assisting International Actor shall refer to any foreign state, organization,

entity or individual responding to a disaster within or transiting through the
country to respond to a disaster in another country

. Biological Hazards shalt refer to hazards that are of organic origin or conveyed

by biological vectors, including pathogenic microorganisms, toxins and
bioactive substances. Examples are bacteria, viruses or parasites, as well as
venomous wildlife and insects, poisonous plants and mosquitoes carrying
disease-causing agents;

Build Forward Better shail refer to an approach to building and/or
reconstructing an area or community which entails a shift from simple
recovery and restoration to safer, more adaptive, resilient, and inclusive

communities.

. Business Continuity shall refer to the capacity of a business entity to continue

the delivery of its products and/or services at acceptable pre-defined levels
following a disruptive incident;

|. Capacity shail refer to the combination of ail strengths, attributes and

resources available within a community, society or organization that can
reduce the jevel of risk, or impacts of a disaster. Capacity may include
infrastructure and physical means, institutions, societal coping abilities, as


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

Qivil Society Organizations (CSOs) shall refer to non-state actors whose aims
are neither to generate profits nor to seek governing power, but to unite
people to advance shared goals and interests. They have a presence in public
life, expressing the interests and values of their members or other, based on
ethical, cultural, scientific, religious or philanthropic considerations, CGOs
include nongovernment organizations (NGOs), professional associations,
foundations, independent research institutes, community-based organizations
(CBOs), faith-based organizations, people’s organization, social movements,
and tabor unions

Climate Change shail refer to @ 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 persist in an extended period, typically decades or longer, whether due
to natural variability or as a rest of human activity as defined under Republic
Act No, 9729, otherwise known as the “Climate Change Act of 2009”. These
include intemal processes or external forces such as modulation of the solar
cycles, volcanic eruptions and persistent anthropogenic changes in the
composition of the atmosphere or in land use.

. Climate Mitigation shall refer to efforts to reduce or limit greenhouse gas

emissions or enhance greenhouse gas sequestration;.
Cultural Heritage shall refer to the totality of cultural property preserved and
developed through time and passed on ta posterity.

. Contingency Planning shalt refer to a management process that analyzes

specific potential events or emerging situations that might threaten society or
the environment and establishes arrangements in advance to enable timely,
effective and appropriate responses to such events and situations.

|. Department shalt refer to the Department of Disaster Resilience or the DDR;
. Development Assistance shall refer to any financial, material or other forms of

assistance to support the economic, social, and environmental well-being of
areas and/or people affected by a natural disaster;


. Disability shall refer to an evolving concept that resutts 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.

|. Disaster shall refer to a serious disruption of the functioning of a community

or a society involving widespread human, material, economic or
environmental losses and impacts, which exceeds the ability of the affected
community or society to cape using its own resources. Unless otherwise used
specifically in this Act, the term “disaster shall refer to “natural disaster”;
Disaster Contingency Fund shalt refer to a fund, in lump-sum form, managed
by the Department to expediently provide funds and resources for disaster
relief or response in affected areas;

. Disaster Mitigation or Mitigation shall refer to the lessening or limitation of the

adverse impacts of hazards and related disasters. Mitigation measures include
hazard-resistant structures as well as improved environmental, land use
planning, climate change and other sectoral policies and public awareness;

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

. Disaster Prevention shall refer to the intention to avoid, or the outright

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


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. Disaster Resilience shall refer to the ability of a system, community, or society

exposed to hazards to resist, absorb, accommodate, adapt to, transform, and
recover from the effects of a hazard and/or the long-term impact of climate
change in a timely and efficient manner, including through the preservation
and restoration of its essential basic structures and functions through risk
management;

Disaster Response shall refer 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.

. Disaster Resilience Fund shail refer to the budget managed by the

Department, which includes funds appropriated to it by Congress pursuant to
an Appropriations Act, the Disaster Contingency Fund, and the Rehabilitation
and Recovery Fund;

. Disaster Risk shall refer to the potential disaster losses in fives, heath 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.

. Disaster Risk Governance shail refer to the way in which public authorities,

civil servants, media, private sector, and civil society coordinate at
community, national and regional levels in order to manage disaster and
climate related risks. This means ensuring that sufficient fevels 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.

Disaster Risk Management (DRM) shall refer 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;

bb. Disaster Risk Reduction (DRR) shalt refer to the prevention of new, and/or
reduction of existing, disaster risk(s) and the management of residual risk, to
enhance resilience to disasters;

cc. Farly Warning System shall refer to an integrated system of hazard
monitoring, forecasting and prediction, disaster risk assessment, and
communication and preparedness activities and processes that enable
individuals, communities, national govemment agencies, local government
units, the private sector, and others to take timely action to reduce disaster
risks and adequately prepare for disasters;

dd, Bigible Assisting Actor shali refer to any assisting actor that has been
determined to be eligible to receive legal facilities as provided for in this Act
and/or its Implementing Rules and Regulations (IRR);

ee. Emergency shalt refer to an unforeseen or sudden occurrence, especially
danger, demanding immediate and decisive action;

ff. Emergency Management shall refer to the organization and management of
resources and responsibilities for addressing all aspects of emergencies, in
particular preparedness, response and initial recovery steps;

99. Environmental Hazards the hazards that may be chemical, natural, and
biological, and can be created by environmental degradation or physical or
chemical pollution in the air, water, and soil. However, many of the processes
and phenomena that fail into this category may be termed drivers of hazard
and risk rather than hazards themselves, such as soil degradation,
deforestation, loss of biodiversity, salinization, and sea-level rise;

hh. Exposure shall refer to the degree to which the elements at risk are likely to
experience hazard events of different magnitudes;

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

jj. Geographically Isolated and Disadvantaged Area (GIDA) shall refer to areas
with a marginalized population, which is physically and socio-economically

10


separated from the mainstream society and characterized by physical
factors—isolated due to distance, weather conditions and transportation
difficulties (island, upland lowland, landlocked, hard to reach and underserved
communities); and/or socio-economic factors—(highly poverty incidence,
presence of vulnerable sector, communities in or recovering from situation of
crisis or armed conflict);
kk. Geological or geophysical hazards shall refer to the hazards that originate
from intemal earth processes, such as earthquakes, volcanic activities and
emissions, and related geophysical processes, which include mass
movements, landslides, rockslides, surface collapses, and debris or mud
flows. Hydrometeorological factors are important contributors to some of
these processes. While tsunamis are triggered by undersea earthquakes and
‘others geological events, they essentially become an oceanic process that is
manifested as a coastal water-related hazard;
|. Hazard shall refer to a phenomenon, substance, human activity or condition
that may cause loss of life, injury or impacts to health; social and economic
disruption, environmental damage, or loss offdisruption to property,
livelihood, and/or services;
mm. Aistorical landmarks shall refer to sites or structures that are associated with
events or achievements significant to Philippine history as declared by the

National Historical Institute or the applicable agency;

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

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

pp. Hydrometeorological hazards shall refer to hazards that are of atmospheric,
hydrological, or oceanographic origin, such as tropical cyclones (also known

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as typhoons and hurricanes); floods, Including flash floods; drought; heat
waves and cold spells; and coastal storm surges. Hydrometeorological
conditions may also be a factor in other hazards such as landslides, wildland
fires, locust plagues, epidemics, and in the transport and dispersal of toxic
substances and volcanic eruption material;

qq. Jmpact and needs assessment shall refer to the assessment of the nature and
magnitude of a disaster, its impact on affected populations, the type and
extent of emergency, and the requirements for recovery and rehabilitation of
affected area(s);

t, Immediate Danger shall refer to a situation where, on the basis of official
forecasts, it could reasonably be expected that a disaster will occur in a
particular geographical area and within an estimated period of time, and
where necessary preparedness actions or financing are required;

ss. Integrated Disaster Resilience Information System shall refer to a specialized
database, which contains, among others, information on disasters and their
human, material, economic and environmental impact, risk assessment and
mapping, and vulnerable and marginalized groups;

tt. International Disaster Relief and Initial Recovery Period shall refer to the
period that commences upon the issuance of a request for international
disaster assistance or upon acceptance of an offer, and shall continue untit
terminated, pursuant to guidelines set in the implementing rules and
regulations;

uu. Jnternally Displaced Persons shalt refer to persons or groups of persons who
have been forced or obliged to flee or to feave their homes or places of
habitual residence within national borders;

wy. International Personnel shall refer to staff and volunteers of any assisting
actor providing disaster relief or initiat recovery assistance being persons who
are neither citizens of nor domiciled in the Philippines prior to their
recruitment by the international assisting actor;

ww. Land Use Planning shall refer to the process undertaken by public authorities

to identify, evaluate and decide on different options for the use of land,
inctuding consideration of long-term economic, social and environmental

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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;
xx. Lega/ Facilities shall refer to entitlements and exemptions that are granted to
Assisting Domestic or International Actors that are declared to be eligible
pursuant to this Act and its implementing rules and regulations;
yy. Local Disaster Resilience Plan’ (LORP} shall refer to a document prepared by
an LGU based on the National Disaster Resilience Framework (NDRF) and the
National Disaster Resilience Plan and Investment Plan (NDRPIP) that sets out
specific programs, objectives and goals to implement disaster risk
management and climate change adaptation measures at the local level. The
plan includes, among others, an evaluation and analysis of emerging disaster
risks, hazards and vulnerabilities applicable to an LGU, and specific programs
and activities to ensure responsive, effective, and appropriate disaster
preparedness and managements at the local level;
zz. National Continuity Policy shall refer to a comprehensive national policy
consisting of a set of programs and projects aimed at capacitating the
government to ensure the continuity of governance and the delivery of public
services during and after any disaster;
aaa. National Disaster Resilience Framework (NDRF) shall refer to a framework
that provides for a comprehensive, multi-sectoral, whole-of-government, and
whole-of-society approach to attaining safe, adaptive, and resilient
communities that can resist, prevent, mitigate against, absorb,
accommodate, adapt to, recover, or build back better form the effects of a
natural hazard in a timely and efficient manner through, among others,
disaster risk reduction and management, and climate change adaptation and
mitigation. The NDRF shall be composed of a National Disaster Risk
Reduction and Management Framework (NDRRMF), and National Framework
Strategy on Climate Change (NFSCC);

bbb. National Disaster Resilience Plan and Investment Program (NDRPIP) shall
refer to a plan formulated and implemented by the national and local
governments, in collaboration with NGOs, the private sector, academe,


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international development partners, and others, in accordance with the
NDRF that sets out the outcomes, goals and objectives, priorities, programs
and corresponding action plans for disaster risk reduction, preparedness,
and management, and climate change mitigation. The NDRPIP shall aiso
include, among others, goals, objectives and action plans for a national
continuity policy.—It shall be in conformity with the national disaster risk
reduction and management framework.

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

ddd. Open Data shall refer to a set of data that can be freely used, shared and
built-on by anyone, anywhere, for any purpose, it must be available in bulk,
and should be available free of charge, or at least at no more than a
reasonable reproduction cost. The information should be digital, preferably
available by downloading through the intemet, and easily processed by the
end-user’s computer. The data must permit people to use, re-use, and
redistribute it, including intermixing it with other data sets and distributing
the results. Lastly, it does not allow conditions te be places on how people
can use such data but permit a data provider to require that data has been
changed, or that any new datasets created using their data are also shared
as open data;

eee, Pre-Disaster Recovery Plan (PDRP) shall refer to a pian intended to help
government officiais working in smal communities or across an entire
nation, to define and follow a process to pre plan for disaster recovery, and
thereby strengthen their own future recovery efforts and outcomes;

fif. Pre-Disaster Risk Assessment (PDRA) shall refer to a process to evaluate a

hazard’s level of risk given the degree of exposure and vulnerability in a
specific area likely to be affected by an imminent hazard. It presents the

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possible impacts on the population and forms a basis to determine the
appropriate level of response actions from the national level govemment
agencies down to the focal government units, It is hazard-specific, area
focused, and time-bound;

ggg. Recovery shall refer to rehabilitation measures that ensure the ability of

affected communities or areas to return their normal level of functioning by
restoring livelihoods and services, reconstruction of damaged infrastructures
and increasing the communities’ organizational capacity;

hhh, Rehabilitation shall refer to restoration of basic services and facilities for the

functioning of a community or a society affected by a disaster;

iii, Response shalt refer to any effort to provide assistance or intervention during
or immediately after a disaster to meet the life preservation and basic
subsistence needs of affected people and communities; and in the restoration
of essential public activities and facilities;

jij. Retrofitting shall refer to the reinforcement of upgrading of existing structures:
‘to make them more resistant and resilient to the damaging effects of hazards;

kkk. Risk assessment shall refer to a methodology to determine the nature and

extent of risk by analyzing potential hazards and evaluating existing
conditions of vulnerability that together could potentially harm exposed
people, property, services, livelihood and the environment on which they
depend;

Ih, Risk Transfer shall refer to the process of formally or informally shifting the

financial consequences of particular risks from one party to another whereby

‘a household, community, enterprise or state authority will obtain resources

from the other party after a disaster occurs, in exchange for ongoing or
compensatory social or financial benefits provided to that other party;

mmm. Safety stock shall refer to items, such as raw materials, component parts,

or finished goods, maintained in inventory to reduce the risk that such

item will be out of stock, in anticipation of unforeseen shortages or

unusual demand for such items;


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

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

Ppp. Simplified or Pre-Arranged Contract shall refer to a written agreement in the
nature of an option contract between the procuring entity on one hand, and
the most responsive and lowest calculated bidder on the other, granting the
procuring entity the option to either place an order for any of the goods
identified therein or not buy at all, within a given period of time;

00. Sustainable Development shall refer to development that meets the needs of
the present without compromising the ability of future generations to meet
their own needs;

rrr. Volunteers shall refer to individuals, groups or entities that offer and/or
provide services or assistance, without compensation, to help people and/or
areas affected by disasters;

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

ttt. Whole-of-Society Approach shail refer to an approach that encourages the

meaningful the active participation and synergy of the different stakeholders
of society toward climate change adaptation and mitigation, and disaster risk
reduction and management at the national and local levels;

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


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vw. Whole-of Nation Approach shall refer to an approach that seeks to bring
about a concerted effort towards sustainable development, national peace
and security by creating consensus and understanding of development and
security that is shared not just among core security forces and oversight
government institutions, but also by the nation’s stakeholders, e.9.,
government, civil society, private sector, and the communities.

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

Sec. 4. Creation of the Department of Disaster Resilience. — There is hereby
created the Department of Disaster Resilience, hereinafter referred to as the
Department.

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

The Department shall oversee and coordinate the preparation,
implementation, monitoring, and evaluation of disaster and climate resilience plans,
programs, projects and activities, provide leadership in the continuous
development of strategic and systematic approaches to disaster prevention,
mitigation, preparedness, response, recovery and rehabilitation and anticipatory
adaptation strategies, measures, techniques, and options. It shall alsa manage and
direct the implementation of national, local, and community-based disaster
resilience programs in collaboration with relevant national government agencies,
LOUs, CSOs, and other stakeholders, as applicable.


1 Sec. 5. Powers and Functions of the Department. — The Department shail

2 exercise and perform the following powers and functio
3 Overall functions:

4 1. Craft the policies and lead the implementation of the programs, projects and
5 activities necessary to reduce the country's vulnerabilities to natural hazards
6 and climate change, using the PORP and the relevant climate change and
7 DRR frameworks as anchors;

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

u 3. Oversee, review, and approve the translation, integration, and

12 implementation of the NDRPIP into LDRPs;
13 4. Communicate and disseminate critical information to help the public prepare
“4 for, respond to, and recover from a disaster;

1s 5. Receive, manage, and administer the Disaster Resilience Fund, the Disaster
16 Contingency Fund, donations and other funds, assets and/or properties
7 received by the Department to accomplish the purposes of this Act;

18 6. Recommend to the President of the Philippines the declaration of a state of
19 calamity due to a natural disaster, and the lifting thereof when conditions
20 stabilize;

21 7. Direct any goverment entity to heip ensure the attainment of the goals and
22 abjectives of this Act;

B 8. Advance the country’s interests relating to disaster resilience and climate
4 change in the regional and global arena;

25 9. Advise the President on matters concerning disaster resilience and make
6 recommendations, as appropriate; and

7 10.Perform such other functions, as provided by law or assignment of the
28 President, and undertake all other necessary actions to ensure the attainment
29 of the overall goats and objectives of this Act.

30 Disaster Risk Reduction;


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

prevention and mitigation of disaster risk resulting from natural hazards,
including the effects of climate change;

. Monitor and ensure the integration of disaster risk reduction and

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

. Establish a disaster resilience information system to facilitate the creation of

an integrated risk assessment platform built from the inputs of government
and private scientific and academic institutions, national government agencies
and local government units, local communities, and other stakeholders and
that is able to provide readily
purposes of risk governance and humanitarian action;

le and actionabie information for

|. Formulate plans and programs to establish and implement government

redundancy, service and business continuity, and a National Continuity Policy,
as a high priority and urgent undertaking;

. Ensure the use of advanced science and technology in anticipatory planning

of communities against the impact of natural hazards and climate change
through consultation, and employment with a regular department funding the
academe or higher education institutions;

. Develop and implement policies and programs related to the construction of

new settiements or relocation of settlements in safe areas that shall, to the
extent such policies and programs relate to disaster risk reduction, mitigation,
prevention or building forward better, prevail over policies or decisions of
other government departments, government agencies, government owned or
controlled corporations, LGUs, and other government instrumentalities;

. Design and implement an incentive system for greater private and public

investment, both at the local and nationai levels, on disaster risk reduction;

. Oversee and ensure the mainstreaming of climate change adaptation and

disaster risk reduction in development and land use planning, and the
preparation of contingency plans;


9. Create an enabling environment that shal! promote broader mutti-stakeholder
participation for disaster risk reduction and climate change adaptation and
mitigation;

40.Communicate and disseminate critica! information to help the public prepare
for, respond to, and recover from a disaster;

11.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 Phitippines (LBP), and the Insurance
Commission;

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

13, Review and evaluate focal disaster resilience plans and other focal plans to
ensure their consistency with the National Disaster Resilience Framework; and

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

Disaster Preparedness and Response

1. Lead, manage, and collaborate with the relevant government
instrumentalities, non-government stakeholders, and international partners in
providing the minimum basic needs of people in affected areas before, during
and/or immediately after a disaster to save lives and minimize casualties;

2. Ensure the efficient prepositioning of goods, maintenance, and disposal of
safety stocks;

3. Prepare pre-disaster recovery plans in anticipation of future disasters by
engaging the community and planning for recovery activities that are
comprehensive and long-term;

4. Establish a corps of first responders in partnership with national and local
stakeholders, both public and private;

5. Formulate standards for contingency planning for adoption by both nationat
government agencies and loca! government units;

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6. Recommend to the President of the Philippines the declaration of a state of
calamity due to a natural disaster, and the lifting thereof when conditions
stabilize;

7. Oversee and maintain a national early-warning and emergency alert system
that must provide @ specific, areas-focused and time-bound warning that are
accurate, timely, understandable and readily accessible to national and local
emergency response organizations and the general public;

8. 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;

9. Coordinate information-sharing and other disaster risk reduction protocols
following the principle of inter-operabifity among national government
agencies and local government units;

10.Establish and maintain 2 national humanitarian logistics system with a
network of warehouses, transport and resources, including response assets
and disaster relief food and non-food items;

11.Call upon the relevant government instrumentalities, non-government
stakeholders, CSOs, and international partners for assistance in ensuring the
protection and preservation of life and property such as through the use of
their resources and facilities, among others. This function includes the power
to call on the reserve force as defined in Republic Act no, 7077 to assist in
search and rescue, and the relief and disaster preparedness and response
operations;

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

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

14.Procure goods and services prior to, during, and after emergencies for
preparedness, response, and recovery activities, including those prompted by
a declaration of a state of calamity or of an imminent disaster;

15, Issue special procurement rules and regulations, in close coordination with
the Government Procurement Policy Board, for preparedness, response, and

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recovery activities, including those prompted by a declaration of a state of
calamity or of an imminent disaster;

16.Assist in mobilizing necessary resources to increase the overall capacity of
local government units, specifically those with low income and situated in
high-risk areas;

17.By the authority of the President, secure the assistance of the Armed Forces
of the Philippines (APP), the Philippine National Police (PNP), DILG-Bureau of
Fire Protection (BFP), DOTr-Philippine Coast Guard (PCG), and other
uniformed services in undertaking disaster preparedness and response
operations in at-risk and/or disaster- affected areas; and

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

Recovery and Building Forward Better;

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

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

3. Prepare and implement the recovery and rehabilitation plan(s) for disaster
affected areas;

4, Implement the cluster approach to expedite reconstruction efforts, ¢.g., post
disaster shelter recovery, and orchestrate and serve as the clearinghouse for
the participation of assisting actors in such efforts;

5. Collaborate with relevant government agencies and non-government
stakeholders in undertaking programs and projects to restore and/or generate
livelihood and entrepreneurial activities and opportunities in disaster-affected
areas;

6. Ensure that the principle of Building Forward Better, not mere restoration, is
applied to all recovery, reconstruction, and rehabilitation efforts; and

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

overall goals and intended outcomes of this key resuit area.

Other Powers and Functions;

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

. Provide operating guidelines to the LDROs for the Declaration of Imminent

Disaster in their respective areas, which shall allow them to implement
preemptive measures and use their quick response funds in order to save
lives and minimize damage to property, {oss of livelthood, and other assets;

. Establish and monitor local and national capacity for disaster risk financing

and insurance and other risk transfer strategies in coordination with the DOF,
GSIS, LBP, and the Insurance Commission;

. Coordinate information-sharing and other disaster risk reduction protocols

foliowing the principle of interoperability among National Government
Agencies and Loca Government Units, before, during, and after a disaster;

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

resifience-related funds, including, but not limited to, the National Disaster
Resilience Fund and the Supplemental Disaster Resilience Support Fund for
low income provinces, cities, and municipalities, and multi-hazard local

government units;

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

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

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

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

. Negotiate, enter into, institutionalize, and coordinate arrangements with any

private person or entity for the purpose of ensuring the adequate and prompt
availability of goods and services necessary in anticipation of, during, and in
the aftermath of disasters;


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

40.Promulgate rules and regulations for the receipt, management, and
accounting of donations that are consistent with the rules of the Commission
on Audit (COA) on the use of foreign and local aid during calamities and
disasters;

11. Receive humanitarian assistance from local and foreign sources, recommend
the acquisition of developmental assistance for the purpose of disaster
resilience, acknowledge and certify the receipt of all humanitarian assistance,
and ensure their judicious use and management;

12. Establish and operate a platform, including an online platform, to monitor and
provide public access to infon-nation on humanitarian assistance received by
the Department;

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

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

15. Assist appropriate national government agencies and offices and concerned
local government units in protecting national cultural heritage including
national treasures and national historical landmarks, sites or monuments from
hazards and disasters; and

16.Perform such other functions, as provided by law or assignment of the
President, and undertake the necessary actions to ensure the attainment of
the overall goals and objectives of this Act,

ARTICLE HI
EMERGENCY MEASURES


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Sec. 6. Emergency Measures, —

a, The Department shail undertake and impiement such immediate measures
as may be necessary to ensure the protection and preservation of life or
property in anticipation of, during, and in the aftermath of emergencies,
hazards and disasters, including preemptive and forced evacuations.
Local government units shall enact an ordinance on and implement
necessary and appropriate emergency measures, including preemptive
and forced evacuations, to ensure the protection and preservation of life
or property in anticipation of, during, and in the aftermath of disasters.
Tt shalt be mandatory for Local Government Units to provide evacuation
centers, with due consideration to the capacity of local facilities, when
requested by the Department, in anticipation of, during, and in the
aftermath of emergencies, hazards and disasters. In providing such
evacuation centers, due regard shall be given to the most vulnerable and
marginalized groups, respecting the dignity and culture of persons,
observing equality, and using proportionate force in implementing such
emergency measures.
Preemptive evacuation shall be the preferred as the primary mode of
moving people that will be affected by disasters.

Forced evacuation shail be considered as an emergency measure of last
resort, and shall be carried out by the affected local government unit,
pursuant to a duty issued order by the local chief executive: Provided,
That in case of the failure of the local chief executive to issue such an
order, the forced evacuation shall be implemented by the Department,
which may direct and compel the assistance of law enforcement and other
relevant government agencies to implement such measure.

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

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b. Whenever necessary, the Department may recommend to the President
the calling out of the Armed Forces of the Philippines to prevent or
suppress lawless violence occurring before, during, and in the aftermath of
disasters.

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

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

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

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

ARTICLE IV
ORGANIZATION AND MANAGEMENT

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

The Secretary shall preferably have a solid background in any of the scientific,
engineering, and public management fields relevant to resilience to natural hazards
and climate change; and demonstrated managerial acumen.

Sec. 8. Powers and Functions of the Secretary. - The Secretary shall exercise
the following powers and functions:

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a. Establish and promulgate policies, rules, and regulations for the effective and

efficient operation of the Department and implement these to carry out its
mandate, functions, programs, and activities;

b. Exercise executive direction over the operations of the Department and
administrative supervisions over its attached agencies;

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

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

e, Exercise disciplinary authority over officers and employees of the Department
in accordance with law, and investigate such officers and employees, or
designate a committee or officer to conduct an investigation;

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

g. Collaborate with other government agencies, the private sector, and civil
society organizations on the policies, programs, projects, and activities of the
Department, as may be necessary;

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

i. Represent the Philippines and articulate the national contribution to global,
regional, and other inter-governmental disaster risk reduction and
humanitarian platforms, in coordination with the Department of Foreign
Affairs; and

j. Perform such other functions as may be provided by faw or assigned by the

President.
Sec. 9. The Undersecretaries. - The Secretary shall be assisted by at least

four (4) Undersecretaries, who shall be responsible for the following functional
areas, including the establishment of a robust and responsive ICT system to
effectively support the mandate and operations of the Department:

a. Disaster Risk Reduction - the formulation, adoption, and implementation of
policies and programs to reduce existing and future disaster risks to minimize

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foss and damage to lives and properties, including the formulation of the
required policies and programs in the NDRF and relevant national investment
plans;

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

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

d, Support to Operations - the formulation and implementation of policies,
programs, projects, and activities to ensure the efficient, effective, and
responsive performance of the Department's mandate, powers, and functions.
Support to operations includes knowledge management, institutional
development and planning, finance, administration, and human resources
management.

The Undersecretaries shall have operational controt and supervision over the
bureaus, divisions, offices, and units assigned to their respective functional areas.

Sec. 10. The Assistant Secretaries and Directors, ~The Department shall have
such number of Assistant Secretaries and Directors as may be necessary for the
effective and efficient implementation and performance of its mandate, powers, and
functions.

Sec. 11. Quaiifications. — All the Undersecretaries, Assistant Secretaries, and
other officials of the Department shall preferably be specialists and have a good
track record in any of the following fields, as applicable to their mandated key
result areas and functions: disaster risk reduction and management, science and


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technology, environmental science or management, urban planning, civil
engineering, public finance, information and communications technology, logistics
management, mass communication, among other fields directly relevant to
ensuring the country's disaster resilience. The appointing authority and other
responsible officiais shall ensure that the Department's human resources possess
the competencies, skills, behavioral attributes, training and experience necessary
for them to become efficient, effective, and responsive in performing their
functions and contribute to the attainment of the overall goals and detivery of the
intended outcomes of this Act.

Sec, 12, Structure and Staffing Pattern. -The Department shali determine its
organizational structure and staffing pattern and create such services, divisions,
and units, as it may require or deem necessary, subject to the approval of the
Department of Budget and Management.

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

Sec. 14. Powers and Functions of ROROs. - The RDROs shall have the
following powers and functions:

a. Review the LDRPs and Provincial DRPs of LGUs within its jurisdiction, and
require the amendment of such LDRPs and/or Provincial DRPs if necessary, to
ensure compliance with the NORF and relevant national investment plans;

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

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

d. Review reports on the utilization of the LDRF and other disaster risk and
management resources of LGUs within Its jurisdiction, and give
recommendations, as necessary;

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:, Disburse to, and monitor the use by, LGUs of funds granted by the

Department pursuant to this Act and its IRR;

Provide, upon the request of LGUs or unilaterally at its own discretion,
assistance to LGU(s) within its jurisdiction as necessary to ensure the
implementation of LDRPs/Provincial LDRPs, NDRF and relevant national
investment plans, and to render efficient and timely disaster preparedness,
response and recovery measures;

. Identify and report to the Department issues and problems relating to, or

affecting, the disaster resilience of LGUs within its jurisdiction, and make
recommendations to the Department and/or to the LGUs to address such
issues or problems;

. Formulate and establish mechanisms to mobilize and direct LOROs and

PDROs within its jurisdiction as necessary for disaster preparedness and
response at the regional level;

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

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

coverage: and

. Conduct other activities and act on other matters, in accordance with palicies

and procedures of the Department and applicable laws, to achieve the
purposes of this Act.
Sec 15. Special Disaster Response Teams. —The RDROs may organize and/or

activate Special Disaster Response Teams (SDRTs) to assist LGUs in responding to
hazards and disasters that are beyond their capacities, as deemed necessary.

Sec. 16. Local Disaster Resilience Offices. — The Local Disaster Risk Reduction

Management Offices in provinces, cities, and municipalities are hereby renamed as

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the Provincial, City, and Municipal Disaster Resilience Offices, respectively, and shall
collectively be called the Local Disaster Resilience Offices (LDROs). Provincial, city,
and municipal governments shall establish their respective LDROs.

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

All Local Disaster Risk Reduction Management Counciis are hereby abolished.

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

Sec. 17. Local Disaster Resilience Officer. —The LDRO shall be headed by a
full- time Local Disaster Reslilence Officer, who shall have a regular planta position
and shall be appointed by the local chief executive: Provided, That the qualifications
standards pertaining to experience and training set by the Civil Service Commission
for the position may be waived by the Department in exceptional cases upon the
request of the focal chief executive.

Sec, 18. Powers and Functions of City and Municipal Disaster Resilience
Offices, ~The Gity and Municipal Disaster Resilience Offices shall have the following
powers and functions:

a, Formulate and implement, in coordination with the Department, a
comprehensive and integrated Local Disaster Resilience Plan in accordance
with the NDRF and the relevant national investment plans;

b. Design, program, coordinate, and implement disaster resilience activities
consistent with the standards and guidelines provided by the Department,

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and implement the NDRF and the relevant national investment plans at the

city or municipal level;

. Prepare and submit to the Sangguniang Panglungsod or Bavan, as the case

may be, the LDRP, the proposed programming of the LDR Fund, other
dedicated disaster resilience resources, and other funds of the LORO;

. Recommend to the Sangguniang Panglungsod or Bavan, as the case may be,

the enactment of ordinances to implement the LDRP, NDRF, relevant national
investment plans, and the provisions of this Act;

. Prepare and submit to the Department a report on the utilization of its Local

Disaster Resilience Fund and other disaster risk reduction and management
resources;

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

. Operate and maintain, in coordination with the Department, a multi-hazard

early warning and communications system to provide accurate and timely
information to the public;

. Organize and conduct training and knowledge management activities on

disaster resilience at the focal level, in coordination with the Disaster
Research, Education, and Training Institute;

Recommend to the local chief executive the procurement of emergency
works, goods, and services in compliance with the regulations, orders, and
policies of DBM and Government Procurement Policy Board (GPPB), to
implement the LDRP or support early recovery and post-disaster activities;
Recommend, in coordination with the DOF and other relevant agencies, to the
local chief executive, access to foreign loans to finance projects, programs,
and policies for disaster preparedness, response, recovery, and rehabilitation,

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subject to terms and conditions agreed upon by the local government unit
and the lender;

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

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

m. Coordinate with the Department, other government agencies, members of the
private sector and other stakeholders in the LGU to establish a Business
Continuity Plan as part of their LDRP's disaster preparedness measures;

n, Establish linkage/network and coordination mechanisms with other LGUs and
the Department for disaster resitience activities and to achieve the purposes
of this Act; and

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

purposes of this Act.

Sec. 19. Powers and Functions of the Provincial Disaster Resilience Offices. —

The Provinciat Disaster Resilience Offices shall have the foliowing powers and

functions:

a. Formulate and implement, in close coordination with the Department and the
focal government units under the jurisdiction of the provincial government, a
comprehensive and integrated Provincial Disaster Resilience Plan in
accordance with the NDRF;

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

¢. Design, program, coordinate, or implement disaster resilience activities
consistent with the standards and guidelines provided by the Department,

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and implement the NORF and the relevant national investment plans at the

provincial level;

|. Prepare and submit to the Sangguniang Panlalawigan, the Provincial DRP, the

proposed programming of the province's Loca} Disaster Resilience Fund, other
dedicated disaster resilience resources, and other funding sources of the
PDRO;

. Recommend to the Sangguniang Panlalawigan the enactment of iocal

ordinances to implement the Provincial LDRP, NORF and refevant national
investment plans at the provincial level, and to comply with other
requirements of this Act:

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

management resources;

. Establish and maintain, in coordination with the Department, a Provincial

Command and Control Center (PCCC), which includes, among others, an
information management system at the provincial level, which consolidates
and integrates information from the cities and/or municipalities within its
jurisdiction, a multi-hazard early warning and communications system that is
connected with the cities and/or municipalities within its jurisdiction, and a
monitoring system that enables the PORO to oversee, supervise, monitor and
respond to the needs of cities and/or municipalities within its jurisdiction in

relation to disaster resilience activities;

. Recommend to the Provincial Governor the procurement of emergency works,

goods, and services in compliance with the regulations, orders, and policies of
DBM and GPPB, to implement the provincial LDRP er support early recovery
and post-disaster activities of the PDRO;

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

lender;

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j. Formulate and establish mechanisms to mobilize and direct LDROs within its
jurisdiction as necessary for disaster preparedness and response at the
provincial ievel;

. Coordinate and provide the necessary support or assistance to the
Department in the implementation of rehabilitation plan(s) within the cities
and/or municipaiities covered by the PDRO; and

1. Conduet other activities and/or act on other matters, in accordance with
policies and procedures of the Department and applicable laws, to achieve the
purposes of this Act.

Sec. 20. Service continuity of the Department, —To ensure service continuity,

the Department and its regional and attached offices shall be established in a

reasonably resilient location; and/or undertake the necessary interventions to make

its offices and systems disaster- resilient.

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ARTICLE V
WHOLE OF GOVERNMENT AND WHOLE OF NATION APPROACH

Sec. 21. Synergy with Stakeholders. —The Department shall ensure seamless
synergy and coordination with stakeholders, Including national government agencies,
tocal government units, government-owned or -controlied corporations (GOCCs),
CSOs, the academe, and the private sector, in relation to disaster resilience
programs and projects and the development and promotion of research, education,
and training mechanisms. The Department shall establish a platform, paradigm, and
mechanisms for convergence and coordination with stakeholders, including the
development of standards, protocols, and procedures for seamless collaboration for
disaster resilience.

Sec. 22. Establishment of Muiti-Stakeholders convergence Unit. — The
Department, with the assistance of other relevant government agencies and
stakeholders, shail establish a Multi-Stakeholders Convergence Unit (MSCU), which
shalt closely engage the private sector, CSOs, academe, and other non-government

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stakeholders and strengthen public-private collaboration towards disaster resilience
‘by way of the following interventions, among others:

a. Implementation of business continuity practices to ensure the continued
delivery of products and services, in the event of disasters;

b. Crafting and implementation of a National Continuity Policy to ensure
government service continuity during and after emergencies and disasters,
and ensure the quick return of government to full operations;

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

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

e. Preparation and factiitation of the issuance of special rules for Micro, Small,
and Medium Enterprises (MSMEs) such as, but not limited to, mechanisms
involving procurement and liquidity to create enabling environments for
disaster preparedness, recovery and building forward better; and
Formulation of investment programs for disaster affected areas in partnership
with the private business sector and civil society organizations.

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

Sec. 23, Roles and Responsibilities of Stakeholders. - The commitment,
goodwill, knowledge, experience and resources of relevant stakeholders are critical

f

to realize a safer, adaptive, resilient and inclusive Filipino community. Citizens have
the shared vision and duty to provide support to the State in the implementation of
policies and programs, particularly the Disaster Resilience Framework and Disaster
Resilience Pian at the national, regional and local levels.

a. Civil society, non-governmental organizations, international non-governmental
organizations, private sector, practitioners, and volunteers shall participate, in
collaboration with public institutions, in the exchange of information,
learnings, and guidance on disaster resilience. The Department shall
encourage and institutionalize their engagement in the implementation of

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local, regional, nationat, and global plans and strategies: enhance public
awareness and promote a culture of disaster resilience;

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

¢. Senior citizens, and persons with disabilities shall contribute their knowledge
and experience on disaster preparedness and resiliency;

@. Indigenous peoples and Muslim Filipinos shall share their traditional
knowledge and practical experience on disaster resiliency;

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

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

g. Academia, scientific and research entities, and networks are encouraged to
undertake relevant research on disaster resiliency in partnership with the
Department and other stakeholders for better decision-making;

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

i, The media shail provide prompt and accurate information to the public on
early warning systems, natural hazards, and disaster resilience activities of
the Department.

Sec. 24. Disaster Resilience Assembly. —The Department, with the assistance
of RDROs, shail establish and convene a Disaster Resilience Assembly (DRA), at the
ragional and national level, which will be held on @ semestral basis, or as frequently
as necessary to ensure the proactive engagement of the relevant government and
non-government stakeholders, such as the Union of Local Authorities of the
Philippines (ULAP), League of Municipalities of the Philippines (LMP), C50s,
academe, DRRM practitioners, the private sector, and the national government

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agencies, among others, to ensure effective collaboration towards achieving the
goals of this Act.

The LGUs may convene local DRAs within their jurisdictions, as necessary for
the attainment of disaster resilience at the local level.

Sec. 25. Inter-operability of Systems, - The Department shall establish
mechanisms to ensure the inter-operability of systems among government agencies,
and to allow access of agencies to the IDRIS (Integrated Disaster Resilience
Information System), It shall develop protocols to allow real-time access to
information by government agencies in relation to natural disasters and the
implementation of disaster resilience measures,

Sec, 26. National organization of all Local Disaster Resilience Officers. -
There shail be a national organization of alt local disaster resilience officers for the
primary purpose of;

a. Developing capacity, and exchanging knowledge, experiences, and best
practices concerning local government disaster resilience;
Fostering inter-operability of the loca! disaster resilience offices’ systems;
Facilitating inter-LGU cooperation and collaboration;
Providing inputs and feedback to the Department on resilience concerns at
the local level; and

b.

c

d, Enhancing synergy in other areas of common concern.

ARTICLE VI
MAINSTREAMING, INTEGRATION AND CONVERGENCE
OF DISASTER RISK REDUCTION

Sec. 27. Integration of DRR and Climate Change Adaptation in the National
Disaster Resilience Framework and Disaster Resilience Plan. ~The existing NDRRM
Framework and Plan, and the National Climate Change Strategic Framework and
Pian shail be integrated and harmonized into the NORF and the NDRPIP. The NDRF
and NDRPIP shall be reviewed and updated every three (3) years.

Sec, 28. Ecosystem-Based Approach to Prevention and Mitigation,

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Rehabiltation and Recovery from Disasters. - The Department shail ensure the
application of ecosystems-based approaches in disaster risk reduction, particularly
through ecosystem management and restoration as defined in this Act, and ensuring
that environmental and natural resource policies are risk-informed.

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

Sec. 29. National Disaster Operations center. - The Department shalt
establish, within one (1) year from the approval of this Act, and act as the primary
operator of, the National Disaster Operations Center (NDCC), Alternative Command
and Control Centers (ACCCs), and a Disaster Resilience Research and Training
Institute (DRRTI).

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

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

Sec. 30. DRRTI functions and inter-agency knowledge sharing. - The DRRTI
shall be a platform for providing training, and for collecting, consofidating,
managing, analyzing, and/or sharing knowledge and information to improve and/or
enhance disaster resilience. The DRRTI shall:

a. Establish reliable and up-to-date IDRIS through close and seamiess
collaboration with the Department of Science and Technology (DOST),

Department of Information and Communications Technology (DICT), and

other appropriate agencies;

eo


4. Conduct disaster-related research programs, seminars, and trainings for all
types of stakeholders;

. Consolidate, organize and/or prepare training materials and publications;

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

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

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

Sec. 31. Compliance and Accreditation of DRRTI with Intemational Standards.
— The Department shall strive to obtain certification from, and accreditation by,
international accreditation bodies of the DRRTI to ensure DRRTI's compliance with
international standards. The Department shall likewise ensure collaboration with key
countries and international organizations to incorporate best practices on disaster
resilience in the Department's policies and programs.

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

Sec. 32. Integrated Disaster Resilience Information System. — The
Department shall estabjish a National and Regional Information Management System
for Disaster Resilience, which shall be a database of all relevant disaster risk
reduction and climate change data, including a geographic information system on
geo-hazard assessments and climate risk. It shall be the repository of current and
multi- temporal information for wide-scale disaster risk analysis. The IDRIS shall be

40


accessible at all times to the responsible officials and entities to enable the timely,
reliable, and accurate collection, processing, analysis, and dissemination of
information to support overali decision-making and effective coordination at both the
national and sub-national level. The protocols and procedures for this shall be
defined in the IRR of this Act.

Sec. 33. Disaster Resilience Education and Training. ~ To instil a culture of
safety and security including emergency preparedness and disaster resiliency, the
Department, in partnership with the public and private sectors shall encourage the
inclusion of appropriate information on disaster resilience in their various training
programs and immersion activities. The Information Education and Communication
materials on disaster resilience shall be informative and holistic, gender, culture and
disability sensitive using various available platforms.

ARTICLE IX
DISASTER RISK TRANSFER,
INSURANCE AND INCENTIVES

Sec. 34. Disaster Risk Transfer Insurance and Social Welfare, —

a, The Department shall oversee all disaster risk-sharing and risk-transfer
instruments and other related initiatives to ensure the protection of
property and livelihood, both public and private.

b. The Department, in collaboration with the DOF, BSP, LBP, GSIS, and the
Insurance Commission, shatl create, establish, and implement, among
others, disaster insurance pools, revolving funds, insurance and risk-
transfer schemes and/or facilities, and other financial disaster resilience
measures to ensure the protection of public and/or private properties and
livelihood against the adverse effects of natural disasters. For this
purpose, the Department and/or DOF may engage or require the
participation of government banks, insurance agencies and_ financial
institutions.

c. To attain disaster resilience and to achieve the purposes of this Act, the
Department shall have the discretion and authority to require government

4


agencies and GOCCs to insure their assets and/or properties such as,
among others, vessels, vehicles, equipment, machineries, permanent
buildings, properties stored therein, or properties in transit, against
insurable risks and pay the premiums therefor, to compensate the
Government andfor GOCC, as applicable, for any damage to, or loss of
properties due to a natural disaster.

d. The Department shaii endeavor the local government units to insure
primary assets for unforeseen or contingent potential losses, damages and
disruption from natural hazards chargeable against their respective Local
Disaster Resilience Fund (LDRF).

Sec. 35. Recognition and Incentives. —The Department, in partnership with
the private sector, shail establish an incentives program that recognizes outstanding
performance of LDRO, NGOs, CSOs, schools, hospitals, and other stakeholders in
promoting and implementing significant disaster risk reduction management-climate
change adaptation programs and innovations, and meritorious acts of individuals,
groups or institutions during natural.

ARTICLE X
PREPAREDNESS AND INTEGRATED EARLY WARNING

Sec. 36. Standards for Disaster Preparedness Activities. —

a. The Department shail establish standards and protocols for disaster
preparedness, contingency planning, localizing and operationalizing
disaster risk reduction and management, preparedness for disaster
response, preparedness for early recovery, continuity of essential services,
and other relevant preparedness activities.

b. The LGUs shall identify safe and strategic sites, and establish evacuation
centers with appropriate and adequate facilities in accordance with
government-approved standards as provided under Republic Act No.
10821, otherwise known as “The Children 's Emergency Relief Protection

42


Act", to avoid disruption of school classes and lessen the use of school
buildings and facilities as evacuation centers.
The LGUs shail immediately compensate said schools used as evacuation

centers. The schools may seek compensation for renovation, replacement, or repairs
of damaged facilities for such use.

Sec. 37. Multi-Hazard Early Warning and Risk communication Standards. —

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

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

Sec, 38, Early Warning Mandate. ~

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

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

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

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

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

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communication protocol and safe evacuation procedure of the affected
communities.

f. The Department shail work with other agencies or organizations on pre-crisis
information mapping of the humanitarian needs of at-risk Communities that
will enhance the overall prepositioning of resources at the national and tocal
level.

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

ARTICLE XI.
DISASTER RESPONSE AND EARLY RECOVERY

Sec. 39. Declaration of State of Calamity. - The Department shall declare a
cluster of barangays, municipalities, citles, provinces, and regions under a state of
calamity, and the lifting thereof, based on the criteria set by the Department,

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

Sec. 40. Levels of Responsibility for Disaster Preparedness and Response. —
The primary responsibility for disaster preparedness and response shall be exercised
at the local or national level, as applicable, in close and seamless collaboration with
the relevant national government instrumentalities, non-government stakeholders,


and international partners. The four levels of responsibility and the conditions that

warrant each are as follows:

LEVELS OF [RESPONSIBLE | CONDITIONS
RESPONSIBILITY { OFFICIALS I
Level 1: City or | Lead Officiat: Wf a disaster affects a
Municipality i Mayor of the affected city | single city or municipality
{or municipality
| Support:
} City or Municipal Disaster
| Resilience Officer
Level 2; Province Lead Official: Tf a disaster affects two

| Provincial Governor of the
| affected province

| Support:

| Provinciat

| Resilience Officer

Disaster

Municipal and/or — City
Disaster Resilience
Officers concerned

or more municipalities
and/or cities within a
province

| Level 4: National

Lead Official:

Regional Director, DDR
Support:

Governors of affected
provinces

Concerned Provincial
Disaster Resilience
Officers _
Lead Official

Secretary of Disaster

Resilience (SDR)

Support:
Governors concemed

Disaster Resilience
Officers concerned

4s

a
@. If a disaster affects ;

at least two 2}

regions; H
b. When the LGU is!
unabie to}
effectively cope |
with the risk
and/or impact of a}
hazard; or |
c. When the j

President directs a
_Level 4 _ respon:



wk ew

Serius

or declares a state
| | ____ of calamity.

Sec, 41. Disaster Preparedness and Response in the NCR. - When at least
two cities and/or municipality in the NCR are affected, the SOR shail be responsible
for leading the disaster preparedness and response efforts, in collaboration with the
affected LGUs, the MMDA, and the concerned government instrumentalities and
non-government stakehoiders.

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

Sec, 43. Accreditation, Mobilization, and Protection of Disaster Volunteers and
National Service Reserve Corps, CSOs and the Private Sector. - The government
agencies, CSOs, private sector and LGUs may mobilize individuals or organized
volunteers to augment their respective personnel complement and logistical
requirements in the delivery of disaster risk reduction programs and activities. The
agencies, CSOs, private sector, and LGUs concemed 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 Disaster Resitience Volunteers and Institutions,
National Service Reserve Corps, CSOs and the private sector shall be maintained by
the Department through the LDROs, Accreditation shall be done at the municipal or
city level.

The mobilization of volunteers shall be in accordance with this Act and
implementing guidelines to be formulated by the Department. Any volunteer who

incurs death or injury while engaged in any of the activities defined under this Act

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ak WN

Sowrna

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shalt be entitled to compensatory benefits and individual personnel accident
insurance as may be defined in the IRR.

Sec 44. Reporting of Humanitarian Assistance. - The concerned local
government unit shall submit a report to the Department, taking into account all
domestic or international humanitarian assistance received and distributed within its

area of responsibility.

ARTICLE XII
HUMANITARIAN ASSISTANCE

Sec. 45. Management of Humanitarian Assistance. —

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

‘The importation by, and humanitarian assistance to, the Department of,
among others, food, clothing, medical assistance, equipment, and
materials for relief, recovery and other disaster management activities are
hereby authorized in accordance with Section 105 of the Tariff and
Customs Code of the Philippines, as amended, and the prevailing
provisions of the General Appropriations Act covering national internal
revenue taxes and import duties of national and local government
agencies.

Sec. 46. Jnternational 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

s

actors, visa waiver, recognition of foreign professional qualifications, entry of
international disaster goods and equipment, and exemption from port duties, taxes,
and restrictions.

Sec. 47. Assessment of the Need for International Humanitarian Assistance. —

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a. Immediately after the declaration of a state of calamity by the locat
sanggunian of the relevant local government unit or by the Department,
as the case may be, the Department shail determine whether domestic
capacities are likely to be sufficient to attend to the needs of affected
persons for intemational humanitarian assistance. This determination may
also be made, at the discretion of the President, prior to the onset of an
imminent disaster.

b. In the event of a determination by the Department that domestic 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. 48. Aumanitarian Assistance Action Center. — The Department shall
create an inter-agency one-stop shop mechanism cailed the Humanitarian Assistance
Action Center (HAAC) for the processing and release of entry and facilitation of
goods, articles or equipment and services and international relief workers for the
provision of international humanitarian assistance and the processing of necessary
documents for assisting international actors.

‘The Department shall tead and manage the HAAC, which shall be composed
of the following:

a, Bureau of Customs;

s

. Department of Foreign Affairs;
. Department of Social Welfare and Development;
|. Department of Health;
. Food and Drug Administration;

Department of Agricutture;
|. Department of Energy;
. Department of National Defense;

Fe moad

4B


i. Philippine National Police;

J. Philippine Coast Guard; and

k. Bureau of Immigration.

Sec. 49. Request for international Humanitarian Assistance. —

a. In cognizance of the urgency, criticafity and intensity of an imminent risk,
the Department shall issue a flash appeal te the family of nations, under
regional and muitilateral conventions, for assistance in preparedness,
including preemptive measures, search, rescue, and retrieval, relief,
recovery, and reconstruction.

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

Sec. 50. Regulation of Humanitarian Assistance. ~

a. The Department shall ensure the efficient and effective monitoring of
humanitarian assistance from domestic or international donors, establish
and operate @ platform, including an online platform, to facilitate, and
provide public access to information on donations.

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

agencies.
ARTICLE XIII
‘OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
‘TO FOREIGN STATES

Sec. 51. Offer and Facilitation of International Humanitarian Assistance ta

Foreign States. -In the event of a disaster occurring in a foreign state for which
internationat humanitarian assistance is required, the Department, in coordination

29


with the DFA, may offer, facilitate. provide, and deploy international humanitarian
assistance to said foreign state, which shall be subject to guidelines to be
promuigated by the Department for the purpose.

Sec. 52. Accreditation. - The Department, in coordination with relevant
government agencies and organizations, shall provide and facilitate the necessary
training and accreditation to the respective government personnei to be deployed for
such offer, facilitation and provision of international humanitarian assistance to a
foreign state.

ARTICLE XIV
RECOVERY
Sec. 53. Standards for Recovery. — The Department shall observe
intemationaily accepted standards for recovery, planning, programming and
impternentation of the recovery process. Towards this end, the Department shalt:

a. Improve the community's physical, social and economic resilience,
consistent with the principle of "building forward better";

b. Use localty-driven, centratly-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;

e. Maximize use of Private-Pubiic 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 settiement areas; and

h, Ensure restoration of peace and order and recovery of government

functions.

ARTICLE XV
REMEDIAL MEASURES UNDER STATE OF CALAMITY


Rene

Bomi)d

Sec. 54. Declaration of State of Calamity. — A state of calamity may be
declared when any of the following requisites are present:

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

‘human life and/or danger to property; or

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

The following shall exercise this power, respectively:

a. The President, upon recommendation of the SDR, whether in whole or
part of an area;

b, The SDR, upon recommendation of the RDRO, for disasters covering two
‘or more provinces of the same region; and

c. The local sanggunian, upon recommendation of the concerned tocal
disaster resilience office, within its jurisdiction.

Sec. 55. Remedial Measures under State of Calamity. — Upon the declaration
of a state of calamity, the following remedial measures shail be immediately
undertaken by concerned government agencies at the national and local levels:

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

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

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

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

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

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

ARTICLE XVI
PROCUREMENT

Sec. 56. Procurement. - In general, the procurement rules provided under
Republic 31 32 Act No, 9184, otherwise known as the "Government Procurement
Reform Act”, shall apply. However, alternative modes of procurement as provided in
this Act may be resorted to by the Department, RDROs, or LGUs in any of the
following emergency situations:

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

b. The procurement is necessary to restore vital public services,
infrastructure facilities and other pubiic utilities; or

. Time is of the essence in implementing a project, program or activity to
effectively respond to a disaster and save lives or

d. There are other circumstances that require immediate procurement
necessary to prevent damage to or loss of life or property.

Sec, 57. Alternative Modes of Procurement. - During emergency situations as
provided under this Act, the Department, RDROs or LGUs may resort to the following
modes of procurement:

a. Direct negotiation under Republic Act No. 9184, otherwise known as the

"Goverment Procurement Reform Act”, and its implementing rules and
regulations;

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b. Simplified or pre-arranged contracts such as, among others, pre-signed
agreements, stand-by contracts, pre-arranged systems of procurement
with a pre-approved list of contractors for construction projects, pre-
negotiated contracts, advanced procurements contracts, and framework
contracts. The parameters, requirements and conditions for these types of
contracts shall be defined in this Act's IRR.

Sec. 58. Special Rules on Procurement for Reconstruction and Rehabilitation

of Affected Areas. -

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

b. In case of procurement of services, goods, or materials for reconstruction
and rehabilitation efforts, whether from local or international sources, the
Department and the relevant government agencies shail provide less
bureaucratic restrictions, more flexible procurement policies, or exemption
from, or reduction of, customs duties

Sec. 59. Procurement from Qualified Suppliers or Contractors. — AS an

exception to the provisions of Republic Act No. 9184, otherwise known as the
“Government Procurement Reform Act", and its implementing rues and regulations,
the Department shail have the power to procure goods and services from either local
or foreign suppliers or contractors for purposes of implementing programs, projects,
and activities related to disaster resilience and disaster management, The conditions,
limitations, application processes, eligibility requirements and assessment criteria for
local and foreign suppliers and contractors shall be provided in this Act's IRR.

Sec, 60. Pre-Arranged Contracts or Agreements with Private Sector Entities. —

Notwithstanding Republic Act No. 9184, otherwise known as the “Government
Procurement Reform Act", the Department shall have authority to enter into pre-

33


arranged or contingency contracts or agreements with private sector entities for the
purpose of, among others, establishing, a logistics system for the efficient and
prompt distribution of goods, equipment or other materials required for disaster
response and management; securing food, medicines, fuel, or other supplies from
groceries, pharmacies, gas stations or other sources in the event of a disaster in a
specific area; ensuring an alternative source of power or water from private utilities
in the event of a disaster in a specific area; or other arranging the immediate supply
of other goods, services or equipment necessary for disaster response and
management. The conditions, limitations and parameters of contracts or
arrangements authorized under this Section shall be provided in this Act's IRR.

Sec. 61. Other Procurement Rules and Policies. ~ In view of the urgency and
to avoid unnecessary delays to procure goods, services, and implement projects for
the purpose of providing responsive, effective, and efficient rescue, recovery, relief,

and rehabilitation efforts for, and to continue the provision of basic services to,
disaster victims or disaster affected areas, the DBM and GPPB shall issue appropriate
resolutions, orders, and policies to effectively implement the provisions of this Act.
Sec. 62. Government Accounting and Auditing Policies. - The COA shall
review, align, and issue policies or rules to improve the efficiency and expediency of
procurement and audit processes for programs and projects related to disaster

resilience and management.

ARTICLE XVIE
SPECIAL RULES ON BORROWINGS AND TAXES:

Sec. 63. Rules on Borrowing. — The LGUs shall access foreign financing,
through the DOF, Bangko Sentral ng Pilipinas (BSP), and other relevant agencies, as
applicable, to implement disaster prevention, mitigation, early recovery, and
rehabilitation measures at the provincial, city, or municipal level.

Sec. 64. Special Rules on Tax and Duties. —To facilitate prompt, efficient and
effective response to, recovery from disasters, and building forward better in
disaster-affected areas, the following shall be granted special exemptions from
existing taxation laws, rules, and regulations:

54


a. Exemption from taxes and import duties for foreign disaster assistance or
international donations coursed through the Department;

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

, Exemption from the Value Added Tax (VAT) for goods or services donated
from abroad as coursed through the Department;

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

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

Sec. 65, Customs Duties and Tariffs on Donations. ~ The BOC shail create
ules that would, among others, hasten the processing and release of donated goods

fms.

and equipment to disaster victims and/or affected areas.

Sec. 66. Economic Recovery and Development of Disaster-Prone Areas. ~The
Department, in coordination with the Department of Trade and Industry (DTI) and
other relevant agencies, shall craft policies, and implement the necessary programs
and projects to stimulate economic activities and encourage investments to assist
disaster-affected areas develop or recover faster, as applicable.

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

ARTICLE XVIIT
PROHIBITED ACTS AND PENALTIES

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a a ae ans)

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

a. Prohibited Acts of Public Officials. - The following acts, if committed by

public officials without justifiable cause, shall be considered as gross
neglect of duty:
1. Dereliction of duties that leads to destruction, loss of lives, critical
damage of facilities and misuse of funds;

ies under existing laws.

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

critical damage of facilities;
3. Failure to create a functional LDR Office within six (6) months from
the approval of this Act;
4, Failure to appoint a permanent local disaster resilience officer
within six (6) months from approval of this Act;
5, Failure to prepare and implement a Contingency and Adaptation
Plan for hazards frequently occurring within their jurisdictions;
6. Failure to formulate and implement the LDRP with the
corresponding budget allocation; and
7. Sexual exploitation and abuse and other forms of sexual
misconduct on the affected population or at-risk communities.
b. Prohibited Acts of Public Officials and Private Persons or Institutions. —
1. Delay, without justifiable cause in the delivery, proper handling or
storage of aid commodities, resulting to damage or spoilage; (2)
2. Withholding the distribution of relief goods due to (i) political or
partisan considerations; (ii) discrimination based on race, ethnicity,
religion, or gender; and (iil) other similar circumstances;

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wR we

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 and commodities, which are
intended for distribution to disaster-affected communities;

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

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

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

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

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

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

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

ji. 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. person, or
persons; and

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Bowe

Sona sau

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

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

12.1llegal solicitations by persons or organizations representing others
as defined in the standards and guidelines set by the Department;

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

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

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

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

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

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

Sec. 68. Penalties. — Any individual, corporation, partnership, association or
other juridicat entity that commits any of the prohibited acts in the preceding section
shall be made liable for the following:

a. The penaity of 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
(Php 1,000,000.00) but not more than Three Million Pesos
(Php3,000,000.00), or both imprisonment and fine at the discretion of the
court shail be imposed upon any person found guilty of violating
subsections (a)(1) to (b(16) of the preceding section, as well as the

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a

confiscation or forfeiture in favor of the government of the objects and the
instrumentaiities used in the commission of the prohibited acts;

. The penalty of imprisonment of not less than six (6) years but nat more

than eight (8) years or a fine of not less than Five Hundred Thousand
Pesos (Php 500,000.00) but not more than One Million Pesos (Php
1,000,000.00), 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;

. The penalty of imprisonment of not less than two (2) years but not more

than six (6) years or a fine of not less than Two Hundred Thousand Pesos
(Php 200,000.00) but not more than Five Hundred Thousand Pesos (Php
500,000.00), or both imprisonment and fine at the discretion of the court,
shall be imposed upon any person found guilty of unlawfully benefiting
from the proceeds or fruits of any of the prohibited in the preceding
section, in violation of subsection (b)(18) thereof;

. Aside from the penalty of fine or imprisonment or both, perpetual

disqualification from public office shall be imposed if the offender is a
Public officer, along with the confiscation or forfeiture in favor of the
government of the objects and the instrumentalities used in the
commission of any of the prohibited acts in the preceding section;

. 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
ficensing or accredited body of the government. If such offender is an
alien, he or she shalt, in addition to the penalties prescribed in this act, be
deported without further proceedings after service of sentence;

Payment of the full cost of repair or replacement of the government risk
reduction and preparedness equipment, accessories and other vital facility
items, or any part thereof; which is the object of the crime shall likewise

59


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 shail be

without prejudice to any criminal liability for violation of Republic Act No,
3815, as amended, otherwise known as the "Revised Penal Code”, and
other existing laws, as well as the imposition of applicable administrative
‘or civil liabilities.

Sec. 69, Liability for Uniawful Performance of Duties and State Liability in case
of Defense Litigation, — In case a fawsuit is filed against any personne! of the
Department as a result of the performance of his or her duties, and such
performance was found to be lawful, or she shall be reimbursed by the Department
for reasonable costs of litigation. For this purpose, the Department is authorized to
procure applicable liability insurance for its officers and employees.

Sec. 70. Disciplinary Powers of the President. ~ The President, subject to the
recommendation of the Department Secretary and the Department of the Interior
and Local Government (DILG), shall have the power to impose administrative
sanctions against local chief executives and barangay officials for willful or negligent
acts that relate to the impternentation of, or comptiance with, this Act and its IRR or
relating to their official functions, which adversely affect disaster resilience projects
such as, but riot limited to, delayed issuance of permits or failure to implement local
ordinances,

ARTICLE XIX
DISASTER RESILIENCE FUND

Sec, 74. Appropriations and Management of Disaster Resilience Fund. - The
budget of the Department shall be composed of the following, which shall be
collectively called the Disaster Resilience Fund:

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

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establishment of emergency operating centers, and implementation of
other disaster risk reduction projects.

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

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

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

Sec. 72. Continuing Appropriations. ~ The unutilized balances from the
Disaster Contingency Fund, and Rehabilitation and Recovery Fund shail be treated as
Continuing Appropriations, which may be used to finance the cost of projects,
programs, and/or activities even when such costs are incurred beyond the fiscal year
of the GAA from which such funds were appropriated.

Sec. 73. Fund Regulations. — The DBM and COA shall establish rules and
regulations that apply specifically to the Disaster Resilience Fund to ensure that
funds required for disaster response, recovery, and rehabilitation are available
and/or released efficiently and expeditiously through innovative budgeting and
auditing mechanisms, which may include, among others, providing for longer validity
periods for funds and/or exemption from cash-based budgeting rules; imposing
auditing or reporting requirements, which apply specifically to the utilization of the
Disaster Resilience Fund.

Sec. 74. Local Disaster Resilience Fund and Local Disaster Contingency Fund.
- LGUs shail annually set aside not less than ten percent (10%) of their focal
budget, to constitute a Local Disaster Resilience Fund (LDRF). The LGU shal use its
LDRF to maintain and operate its local disaster resilience office to maintain its
officers, employees and staff, and to implement plans, programs and activities under

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its LDRP. Thirty percent (30%) of the LDRF shall be set aside as Local Disaster
Contingency Fund (LDCF), which shall be used for disaster response and quick
recovery measures. Nothing contained in this Act shall prevent LGUs from providing
additional funding or allocating additional resources for disaster resilience activities,
plans and programs within their jurisdiction.

Sec. 75. Supplemental LORF. - The Department may aflocate and disburse
funds to supplement an LGU's LDRF based on the parameters and requirements
indicated in the IRR. In determining such parameters and requirements, the IRR
shalt aim to provide suppiemental funds to LGUs with low income and/or high
exposure to natural hazards. Supplemental LORFs shall, as much as possible, fill
gaps or shortages in LGU resources to ensure that LGUs can implement disaster
resilience measures such as, among others, implementing their LDRP/Provincial
LORP, establishing their local disaster resilience offices, obtaining and/or maintaining
the necessary equipment and staff in their local disaster resilience offices, and
implementing the NDRF and at the loca! leveis.

Sec. 76. People 's Survival Fund. - The Department shall manage and
administer the People's Survival Fund, created under Republic Act no. 10174, and
facilitate its utilization by LGUs, through RDROs, to implement climate change
adaptation and mitigation projects of LGUs and enhance the climate resilience of
vulnerable communities.

Sec. 77. Multi-Donor Trust Fund. - The Department shalt create and manage,
together with the Bureau of Treasury, a Multi-Donor Trust Fund for the processing,
releasing and accounting of money and other similar resources intended for disaster
assistance. The Department shall establish a system to ensure transparency in the
Management and use of the Multi-Denor Trust Fund.

Sec, 78. Financial Administration. - The Department shall manage all finds
appropriated to it by Congress and received from other sources. The Department
shall also manage all donations received by it, subject to the auditing powers of the
COA. To fund its operations, the Department shall have the power to collect fees
derived from the DRRTI and other related activities.

ARTICLE XX

rod


SPECIAL COURTS AND INJUNCTIONS

Sec. 79. Special Courts on Disaster Resilience Matiers. — To ensure the
prompt and expeditious resolution of disputes relating to disaster response, recovery
or rehabilitation measures, the Supreme Court shalt designate speciat courts to hear,
try, and decide cases arising from the following, among others:

a. Expropriation, eminent domain or right-of-way issues related to the
implementation of disaster resilience projects;

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

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

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

Sec. 80. Dispute Resolution Mechanisms. — The Department shall establish a

Disaster Resolution Board, which shali resolve disputes involving administrative
matters reiated

a, Accreditation or denial of accreditation of disaster resilience training
institutions, trainers, instructors, donors, volunteers, and Assisting
Domestic or International Actors;

. Decisions of the RDROs;

¢. Contracts entered into by the Department or any of its agents pursuant to

the provisions of this Act; and

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

Department.
The composition, structure, and other organizational matters related to the

s

DRB shall be defined and provided in this Act’s IRR.

Sec. 81. Imposition of Temporary Restraining Order. —No Court, except the

Supreme Court, shall have the power to issue an injunction or a temporary
restraining order against any action taken or projects implemented by the
Department or its agents pursuant to this Act.

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ARTICLE XXI
FINAL PROVISIONS

Sec. 82. Transfer of Functions. - The following are hereby transferred to the
Department:

a. Ail the functions of the Cilmate Change Commission (CCC);

b. Natural disaster-related functions of the National Disaster Risk Reduction

and Management Counci# {NDRRMC) and the Office of Civit Defense
(OCD); and

c. Natural disaster-response functions of the Department of Sociat Welfare

and Development (DSWD).

Accordingly, the CCC and NORRMC are hereby abolished. The DILG, DND,
DSWD, and other relevant government instrumentalities, including the AFP, BFP,
PNP, PCG, and OCD, shall continue to perform their functions related to the
management of human-induced disasters, as provided by existing laws.

Sec. 83. Transfer of Resources. ~The transfer of powers and functions listed
above shall include the corresponding funds and appropriations, plantilla positions,
data, records, equipment, facilities, properties and other resources of the concerned
government instrumentalities. The Department shail have the power to reorganize or

reallocate these resources and positions, as may be necessary to attain the goals
and objectives of this Act.

Sec. 84. Program Management Office for the Earthquake Resiliency of the
Greater Metro Manila Area. — The Program Management Office for the Earthquake
Resiliency of the Greater Metro Manila Area (PMO-ERG), as created pursuant to and
mandated by Executive Order no. 52, s. 2018, shail be attached to the Department
and be authorized to implement earthquake resiliency programs, projects, and
activities, as it may deem necessary to carry out its mandate and attain its overall
goals. The Head of the PMO-ERG shall report directly to the SDR.

Sec. 85. Post-Disaster Shelters. — The Department shall establish a post-
disaster shelter recovery policy framework for low-income/informal settler families,
with the assistance of the appropriate housing agencies and the applicable LGUs. it
shail determine, among others, the appropriate shelter modalities depending on the

64


following phases: emergency, temporary or transitional, and permanent. The
Department shall likewise identify, assess, and decide on safe zones for the
implementation of recovery or rehabilitation projects.

Sec, 86. Cultural Heritage. —To protect, preserve, and promote the nation’s
historical and cultural heritage, the Oepartment shall assist the relevant cultural and
heritage agencies and the appropriate LGUs to give priority protection and
restoration to all nationai cultural treasures or national historical landmarks, sites, or
monuments in post-disaster recovery or rehabilitation measures.

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

The Department shal! ensure respect for, and protection of, the traditional
resource right of the Indigenous Cultural Communities/Indigenous Peopies
{ICCs/IPs) to their ancestral domains, and recognize the customary laws and
traditional resource use and management, knowledge, and practices in ancestral
domains.

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

Sec. 88. Incentives Program. — The Department shall establish an incentives
program that recognizes the outstanding promotion and implementation by local
disaster resilience offices, CSOs, academe, and other institutions of disaster
resilience programs and/or projects, and the meritorious acts of individuals or
entities during natural disasters.

Sec. 89. Structural Audit of Government Buildings and Critical Infrastructure,
~The Department shall be assisted by the DPWH, DOTr, Department of Energy
(DOE), DOH, DepEd, DICT, DIG, local building officials, and other relevant
government instrumentafities and stakeholders, in ensuring the effective and

65


expeditious conduct of structural audit, as offen as necessary, on government
buildings, critical infrastructure, and private structures to attain the disaster risk
reduction goals of this Act.

Sec. 90. Transitory Provision. - The functions, assets, funds, equipment,
properties, transactions, and personnel of the affected and transferred agencies, and
the formulation of the internal organic structure, staffing pattem, operating system,
and revised budget of the Department, shall be completed within one (1) year from
the effectivity of this Act, during which time the existing personnel shall continue to
assume their posts on holdover capacity. The Department, in collaboration with the
DBM, shall come up with its Organizational Structure and Staffing Pattem, both of
which shall be approved within thirty (30) days from the effectivity of this Act.

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

In accordance with Section 12 of this Act and the critical importance of
attracting the most competent and dedicated personnel to the Department, suitable
and qualified career personne! from the NDRRMC-OCD, DSWD, and the CCC, as
defined by the CSC and other pertinent rules, may be absorbed by the Department.
The system and mechanics for this shalt be defined in the IRR of this Act.

Sec. 91. Magna carta Benefits. — Qualified employees of the Department.
including those of its attached agencies, shail be covered by and entitled to the
benefits under Republic Act No. 8439, otherwise known as the Magna Carta for
Scientists, Engineers, Researchers and other 5 & Personnel in the Govemment,
and Republic Act No. 7305, otherwise known as the Magna Carta of Public Health
Workers.

Sec. 92. Hazard Pay. ~ Ail personnel of the Department and the local disaster
resitience offices are entitled to receive hazard pay, subject to the guidelines to be
set forth in the IRR of this Act.

Sec. 93. Separation Benefits of Officials and Employees of Affected Agencies.
—National government employees displaced or separated from service as a resutt of

cd


this Act shall be entitled to either separation pay and other benefits in accordance
with existing laws, rules, or regulations, or be entitled to avail themselves of the
privileges provided under a separation plan that shall be one and one-half month

salary for every year of service in the government.

In no case shall there be any diminution of benefits under the separation plan
Until the full implementation of this Act. With respect to employees who are not
retained by the Department, the government, through the Department of Labor and
Employment, shall endeavor to implement training, job counseling, and job
placement programs.

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

Sec. 95. Implementing Rules and Regulations, The Department, DBM, DND,
DOF, DILG, DOST, NEDA, and the PMS shall collectively craft and issue, within
ninety (90) days from the effectivity of this Act, the Implementing Rules and
Regulations (IRR) for the effective implementation of this Act. They may call upon
other relevant government instrumentalities and stakeholders to assist in the
crafting of the IRR,

Sec. 96. Joint Congressional Oversight Committee on Disaster Resilience. —
There shall be created a Joint Congressional Oversight Committee on Disaster
Resilience to monitor the implementation of this Act. The committee shall be
composed of six (6) Members of the House of Representatives and six (6) Senators
to be designated by the Speaker of the House of Representatives and the President
of the Senate, respectively; Provided. That; two (2) Members of the House of
Representatives and two (2) Senators shalt come from the Minority of their
respective houses of Congress. The committee shall be jointly chaired by a Member
of the House of Representatives and a Senator designated by the Speaker of the
House of Representatives and the President of the Senate, respectively.

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21

Sec. 97, Mandatory Review. — Within five (5) years after the effectivity of this
Act, or as the need arises, the Joint Congressional Oversight Committee on Disaster
Resifience shall conduct systematic evaluation of the accomplishments and impact of
this Act, as well as the performance of the Department of its mandate and functions,
for purpases of determining remedial legistation.

Sec 98. Interpretation, - Any doubt in the interpretation of any provision of
this Act shail be resolved in favor of a liberal interpretation that will fulfill the
objectives of this Act, especially in relation to the provision of effective, efficient and
timely disaster response, rehabilitation and recovery.

Sec, 99, Separability Clause, - If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions or parts thereof not otherwise
affected shall remain in full force and effect.

Sec. 100. Repealing Clause. — The provisions of Republic Act no. 10123,
Republic Act no. 7160, Republic Act no. 7916, Republic Act no. 9184, and all other
laws, decrees, executive orders, proclamations and other executive issuances, which
are not consistent with or contrary to the provisions of this Act, are hereby repealed
or amended.

Sec, 101, Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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