Republic of the Philippines
HOUSE OF REPRESENTA’
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No._336

Introduced by Representative Michael L. Romero

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

EXPLANATORY NOTE

The Philippines is one of the world’s most disaster-prone countries, We are
located in the “Typhoon Belt”, an area in the western Pacific Ocean where nearly one-
third of the world’s tropical cyclones form and as such, Approximately 19 typhoons
enter the Philippines area each year, and six to nine make landfall annually'.

Furthermore, we are also located in the “Pacific Ring of Fire” where the most
number of volcanic and seismic activities are recorded. As such, roughly 900
earthquakes are recorded annually in our country and these are only the recorded
events, there are numerous smaller shocks and stresses that go unrecorded?, Most
recently, the eruption of Taal Volcano and Bulusan Volcano has displaced thousands
of Filipinos from their homes and ruin their livelihoods.

Moreover, the Philippines has also been identified as the country that is most
at risk from the climate crisis due to extreme weather conditions as exhibited by
Typhoons Ondoy, Yolanda, and most recently Odette. Rising sea levels also threatens
our coastal cities and towns most especially the Capital City of Manila’.

1 Response to Typhoons in the Philippines available at https//www.habitatforhumanity.org.uk/what-
werdo/natural-disaster-response/response to-typhoonsphilippines/ (ast accessed on 28 June 2022).

2 PERCEPTIONS OF DISASTER RESILIENCE AND PREPAREDNESS IN THE PHILIPPINES
available at_—_‘httpsWhbi harvard edu/files/humanitarianinitiative/files/prephillippine-report™
final_0.pdf?m=1607102956 (last accessed on 28 June 2022).

5 Philippines country most at risk from climate crisis available at

https/www.amnesty.org. uk/philippines-country-most ‘risk -climate-crisis (last accessed on 28 June
2022).



In view of the foregoing, the creation of the Department of Disaster Resilience
is vital for the safety and survival of each and every Filipino.

The immediate passage of this bill is earnestly sought.

Representative
1-PACMAN Partylist


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

NINETEENTH CONGRESS
First Regular Session
336

House Bill No.

Introduced by Representative Michael L. Romero

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

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

Article I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Disaster Resilience Act’.

SEC. 2. Declaration of Policy. - It shall be the policy of the State to:
(a) Protect the lives and properties of its citizens by addressing and preventing the
causes of vulnerabilities to natural disasters;

(b) Uphold the sacredness of human life by efficiently and effectively addressing
humanitarian emergencies, including calamities and disasters, through the
establishment of a focused, streamlined, independent, empowered, capacitated,
specialized agency on disaster risk reduction and management as well as emergency
response, which is national in scope and civilian in character. The people are the most
important assets of the nation, and all disaster risk 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:

(c) Promote a simple, strategic, systematic, continuous, comprehensive, inclusive, and
integrated approach to disaster risk reduction and management aimed at
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 protecting the social,
economic, historical and cultural heritage, and environmental assets of the country;

(d) Establish a permanent, institutionalized, cohesive, and comprehensive framework
for disaster preparedness, prevention and mitigation, and response, to be
implemented by a focused specialized agency with its own mandate, powers, and
funding, and coordinating with the Philippine government, other foreign
governments and financial institutions, international organizations, the private
sector, and civil society, Disaster risk reduction and management shall first aim for
the outright avoidance of the adverse impacts of hazards and related disasters. With
the knowledge and capacities to effectively anticipate, respond to, and recover from
the impacts of likely, imminent or current hazard events or conditions, preparedness
action shall be carried out in the most effective and efficient manner. In a disaster
scenario, the response shall ensure the provision of emergency services and public
assistance, during or immediately after a disaster:

(e) Create an integrated, systematic, comprehensive, and cohesive plan to simplify,
streamline, integrate, and coordinate the various programs, projects, and activities
of the Government and such other actors or stakeholders in disaster risk reduction
and management to ensure accountability, responsibility, and transparency as well
as to ensure the efficient and effective performance of their functions;

(O Inculcate a culture of resilience and preparedness against natural disasters at the
national, regional, and local levels;

(g) Establish a strong and empowered institution capable of responding to the greater
onslaught of normal or natural disasters brought by climate change, and spearhead
efforts to ensure disaster resilience by delivering the highly critical and intertwined
functions of disaster risk reduction and response, with a recovery strategy of
“building forward better";

(h) Address the different concerns and needs of sectors with special needs or higher
vulnerabilities such as women, children, elderly, persons with disabilities, and
indigenous peoples with respect to disaster resilience and disaster management,

@ Foster an enabling environment for substantial and sustainable participation of
nongovernment stakeholders such as civil society organizations, private groups,
volunteers, and communities in disaster resilience programs and projects;

g) Adopt a whole-of-society, whole-of-government, and whole-of-nation approach in
disaster preparedness to increase collaboration, planning, and dialogue among all
sectors of society in preparing for natural disasters and in improving their strategies
and action plans for disaster risk reduction; and


(k) Strengthen the chain of command and establish a unified command system for
disaster management.

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

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

(b) Assisting actor refers to any assisting international or domestic actor following a
disaster in the country;

(c) Assisting domestic actor refers to any not-for-profit entity established under
domestic laws, which is extending help following a disaster in the country;

(d) Assisting international actor refers to any foreign State, organization, entity or
individual extending help following a disaster within the country or transiting
through the country to extend help following a disaster in another country;

(e) Biological hazards 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:

( Building forward better refers to an approach to building or reconstructing an area
or community, which entails a shift from achieving simple recovery and restoration
to creating safer, more adaptive, resilient, and inclusive communities;

(g) Business continuity refers to the capability of an organization to continue the
delivery of products or services at acceptable predefined levels following a disruptive
incidents

(h) Capacity refers to the combination of attributes and resources available within a
community or area that can reduce the level of risk(s) from, or impact(s) of, a disaster;

(i) Civil society organizations (COs) 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. COs may include nongovernment organizations (NGOs),
professional associations, foundations, independent research institutions,
community-based organizations, and social movements;

g) Climate change refers to a change in the state of the climate that can be identified
by changes in the mean and/or the variability of its properties, and that persists in
an extended period, typically decades or longer, whether due to natural internal
processes or external forces such as modulation of the solar cycles, volcanic eruptions,


and persistent anthropogenic changes in the composition of the atmosphere or in land
use;

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

() Consequence management refers to the totality of interventions and measures
taken to restore essential operations and services in a permissive environment,
including measures to protect public health and safety, restore essential government
services, and provide emergency relief to individuals, stakeholders, and communities
affected by the consequences of emergencies, hazards, and disasters;

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

(n) Cultural heritage refers to the totality of cultural property preserved and
developed through time and passed on to posterity:

(0) Deterministic risk assessment refers to an assessment that considers the possible
disaster impacts of a single scenario, in contrast to probabilistic risk assessment
which considers all possible scenarios, their likelihood, and associated impacts;

(p) Development assistance refers to financial, material or other forms of assistance
to support the economic, social, and environmental well-being of areas or people
affected by a natural disaster;

(q) Disability refers to an evolving concept that results from the interaction between
persons with impairments, as defined under Republic Act No. 7277, otherwise known
as the "Magna Carta for Disabled Persons" and attitudinal and environmental
barriers that hinder their full and effective participation in society on an equal basis
with others;

(r) Disaster refers to a serious disruption of the functioning of a community or a
society involving widespread human, material, economic or environmental losses and
impacts, which exceeds the ability of the affected community to cope using its own
resources. Disasters are often described as a result of the combination of: the exposure
to a hazard; the conditions of vulnerability that are present and insufficient capacity
or measures to reduce or cope with the potential negative consequences. Disaster
impacts may include loss of life, injury, disease and other negative effects on human,
physical, mental and social well-being, together with damage to property, destruction
of assets, loss of services, social and economic disruption and environmental


degradation. Unless otherwise specifically indicated in this Act, the term "disaster"
shall refer to "natural disaster":

(s) Disaster assistance refers to financial, material, or other forms of assistance to
address the immediate and long-term needs of people, communities or areas affected
by a disaster. This term includes humanitarian assistance and development
assistance;

(t) Disaster management refers to the planning, organization, and application of
measures preparing for, responding to, and recovering from disasters:

(u) Disaster mitigation refers to the reduction or limitation of the adverse impacts of
disasters and its related hazards;

(v) Disaster preparedness refers to the knowledge and capacities developed by
governments, professional response and recovery organizations, communities and
individuals to effectively anticipate, respond to, and recover from, the impacts of
likely, imminent or current disasters and related hazards:

(w) Disaster prevention refers to the intention to avoid, or the outright avoidance, of
potential adverse impacts of disasters and related hazards through action(s) taken in
advance;

(x) Disaster recovery refers to restoration or improvement of livelihoods and health,
as well as economic, physical, social, cultural and environmental assets, systems and
activities, of a disaster-affected community or society, aligning with the principles of
sustainable development and "build forward better" to avoid or reduce future disaster
risk;

(y) Disaster response or disaster relief refers to the provision of emergency services
and public assistance during or immediately after a disaster in order to secure and
save lives, reduce health impacts, ensure public safety and meet the basic subsistence
needs of the people affected. Disaster response is predominantly focused on
immediate and short-term needs and is sometimes called "disaster relief”;

(z) Disaster rehabilitation refers to restoration of basic services and facilities for the
function of a community or a society affected by a disaster:

(aa) Disaster resilience refers 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, including 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:


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

(cc) Disaster risk governance refers to the manner 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
includes ensuring that sufficient levels of capacity and resources are made available
to prevent, prepare for, manage and recover from disasters. It also entails
mechanisms, institutions, and processes for citizens to articulate their interests,
exercise their legal rights and obligations, and mediate their differences;

(dd) Disaster risk management refers to the systematic approach or process of
implementing strategies, policies and programs to lessen the possibility and/or
adverse impacts of disasters and related hazards;

(ce) Disaster risk reduction refers to the prevention of new, or reduction of existing,
disaster risks and the management of residual risk, to enhance resilience to disasters;

(f) Early warning system refers 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
government agencies, local government units, the private sector, and others to take
timely action to reduce disaster risks and adequately prepare for disasters;

(gg) Emergency refers to unforeseen or sudden occurrence, especially danger,
demanding immediate action;

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

(ii) Environmental hazards refer to hazards which 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 fall into this category may be termed drivers of hazard and risk rather than
hazards in themselves, such as soil degradation, deforestation, loss of biodiversity,
salinization and sea-level rise’

(jj) Exposure refers to the situation of people, infrastructure, housing, production
capacities and other tangible human assets located in hazard-prone areas;


(kk) Framework Agreement shall refer to a written agreement between a procuring
entity and a supplier or service provider that identifies the terms and conditions
under which specific purchases are made for the duration of the agreement. The
Framework Agreement is in the nature of an option contract between the procuring
entity and the bidder(s) granting the procuring entity the option to either place an
order for any of the goods or services identified in the Framework Agreement List or
not buy at all, within the period of the Framework Agreement;

(1) Geological or geophysical hazards refer to hazards which originate from internal
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 other geological events, they essentially become an oceanic process
that is manifested as a coastal water-related hazards;

(mm) Geographic information system refers to a database which contains, among
others, geo-hazard assessments, information on climate change, and climate risk
reduction and management;

(nn) Geographically isolated and disadvantaged area (GIDA) refers to an area with a
marginalized population, which is physically and socio-economically separated from
the mainstream society and characterized by physical factor such as isolated due to
distance, weather conditions and transportation difficulties due to island, upland
lowland, landlocked, hard to reach and underserved communities; and/or socio
economic factors such as high poverty incidence, presence of vulnerable sector,
communities in or recovering from a situation of crisis or armed conflict;

(0) Hazard refers toa phenomenon, substance, human activity, or condition that may
cause loss of life, injury or impacts to health; and social and economic disruption,
environmental damage, or loss of or disruption to property, livelihood and/or services:

(pp) Historical landmarks 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;

(qq) Human-induced disasters refer to disasters induced entirely or predominantly
by human activities or choices, such as ideologically motivated conflict or criminality:

(rr) Humanitarian assistance refers to financial, material or other similar forms of
assistance to address the immediate needs of people affected by a natural disaster;

(ss) Hydrometeorological hazards refer to hazards that are of atmospheric,
hydrological and oceanographic origin, such as tropical cyclones also known as


typhoons and hurricanes; floods, including flash floods, drought; heatwaves and cold
spells, coastal storm surges, and marine heatwaves, extreme sea events, and sea level
rise. 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;

(tt) Impact and needs assessment refers to assessing 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 the affected areas;

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

(vy) Legal facilities refer to entitlements and exemptions that are granted to assisting
domestic or international actors which are declared to be eligible pursuant to this Act
and its implementing rules and regulations;

(ww) Local Disaster Resilience Plan (LDRP) refers to a document prepared by a local
government unit (GU) based on the National Disaster Resilience Framework (NDRF)
and National Disaster Resilience Plan and Investment Program (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 shall include
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 the appropriate disaster preparedness and management at
the local level:

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

(y) National cultural treasure refers to a unique cultural property found locally,
possessing outstanding historical, cultural, artistic and/or scientific value which is
highly significant and important to the country and nation, and officially declared as
such by the pertinent cultural agency;

(zz) National Disaster Resilience Framework (NDRF) refers to a framework that
provides for a comprehensive, all-hazards, multi-sectoral, inter-agency and
community-based approach to enable communities to resist, prevent, mitigate
against, absorb, accommodate, adapt to, recover, or build forward better from the


effects of a 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
(NFSCO):

(aaa) National Disaster Resilience Plan and Investment Program (NDRPIP) refers to
a plan formulated and implemented by the Department of Disaster Resilience 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. It shall also include, among others,
the goals, objectives and action plans for a National Continuity Policy;

(bbb) Natural disaster refers to a disaster predominantly associated with and/or
caused by natural processes or phenomena, such as those related to geology such as
earthquakes, ground rupture, liquefaction, landslides, tsunamis, sinkholes, volcanic
activity: hydrology and meteorology such as floods, severe winds, typhoons, storm
surges, climatological variability such as extreme temperatures, El Nifio, La Nifia,
and forest fires; biological events such as epidemics or pandemics caused by
outbreaks of viral, bacterial, parasitic, fungal or prion infectious diseases affecting
human, animal or plant life, insect infestations or swarms; and extraterrestrial
events such as a meteorite or asteroid strikes:

(ccc) Open data refer to facts and statistics that can be freely used, shared and built-
on by anyone, anywhere, for any purpose, which must be available in bulk, free
of charge, or at least at no more than a reasonable cost and permit people to use,
reuse, and redistribute, intermix with other data providers;

(ddd) Post-Disaster recovery refers to the restoration improvement where
appropriate, of facilities, livelihood and living conditions, of disaster-affected
communities, including efforts to reduce disaster risk factors, in accordance with the
principle of "build forward better’.

(eee) Preparedness refers to pre-disaster actions and measures being undertaken
within the context of disaster risk reduction and management and are based on sound
risk analysis as well as pre-disaster activities to avert or minimize loss of life and
property such as community organizing, training, planning, equipping, stockpiling,
hazard mapping, insuring of assets, and public information and education initiatives.
This also includes the development or enhancement of an overall preparedness
strategy, policy, institutional structure, warning and forecasting capabilities, and
plans that define measures geared to help at-risk communities safeguard their lives
and assets by being alert to hazards and taking appropriate action in the face of an
imminent threat or an actual disaster;


(ff) Prevention refers to activities and measures to avoid existing and new disaster
risks, and the concept and intention to avoid potential adverse impacts of hazardous
events;

(ggg) Probabilistic risk assessment refers to the simulation of those future disasters
based on scientific evidence, and which are likely to occur in order to resolve the
problem posed by the limits of historical data by reproducing the physics of the
phenomena and recreating the intensity of a large number of synthetic events,
including all possible scenarios, their likelihood, and associated impacts;

(hhh) Rehabilitation refers to measures that ensure the ability of affected
communities or areas to restore their normal level of functioning by rebuilding
livelihood and infrastructures and increasing the communities’ organizational
capacity;

(iii) Resilience refers to the ability of a system, community or society exposed to
hazards to resist, absorb, accommodate, and recover from the effects thereof in a
timely and efficient manner, including through the preservation and restoration of
its essential basic structures and functions in a manner that will make them more
resistant to future risks:

(jj) Response refers to any concerted effort by two (2) or more agencies, public or
private, to provide assistance or intervention during or immediately after a disaster
to meet the life preservation and basic subsistence needs of those people affected and
in the restoration of essential public activities and facilities;

(kkk) Retrofitting refers to an act reinforcing or upgrading existing structures to
make them more resistant and resilient to the damaging effects of hazards;

(ll) Risk refers to the combination of the probability of an event and its negative
consequences’

(mmm) Risk assessment refers to a methodology to determine the nature and extent
of risks 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. Risk assessment with
associated risk mapping include: a review of the technical characteristics of hazards
such as their location, intensity, frequency and probability; the analysis of exposure
and vulnerability including the physical, social, health, economic, and environmental
dimensions; and the evaluation of the effectiveness of prevailing and alternative
coping capacities in respect to likely risk scenarios;

(ann) Risk transfer refers to the process of formally or informally shifting the
financial consequences of particular risks from one party to another whereby a


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

(000) Safety stock refers to items of raw materials, component parts, or finished goods
maintained in inventory in order to reduce the risk that such item will be out of stock,
in anticipation of unforeseen shortages or unusual demand for such items:

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

(qaq) Sustainable development refers to development that meets the needs of the
present generation without compromising the ability of future generations to meet
their own. It contains within it two (2) key concepts: first, the concept of "needs", in
particular, the essential needs of the world’s poor, to which overriding priority should
be given; and second, the idea of limitations imposed by the state of technology and
social cohesion and harmony, and ecological integration of a sound and viable
economy, responsible governance, and ecological integrity to ensure that human
development now and through future generations is a life enhancing process;

(rrr) Volunteers refer to individuals, groups or entities that offer and provide services
or assistance, without compensation, to help people and areas affected by disasters:

(sss) Vulnerability refers to the characteristics and circumstances of a community,
system or asset that make it susceptible to the damaging effects of a hazard.
Vulnerability may arise from various physical, social, economic, and environmental
factors such as poor design and construction of buildings, inadequate protection of
assets, lack of public information and awareness, limited official recognition of risks
and preparedness measures, and disregard for wise environmental management;

(ttt) Vulnerable and marginalized groups refer to those that face higher exposure to
disaster risk and poverty including women, children, the elderly, differently abled
people, and ethnic minorities:

(uuu) Whole-of-Society Approach refers to an approach that encourages the
meaningful and 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;

(vvv) Whole-of-Government Approach refers to an approach that instills and fosters
collaboration among all government instrumentalities both at the national and local
levels toward shared sustainable development goals and outcomes; and


(www) Whole-of-Nation Approach refers to an approach that seeks to bring about a
concerted effort towards sustainable development, and 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 such as government, civil society, private sector, and the
communities.

Article II
THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS

SEC. 4. Creation and Mandate of the Department of Disaster Resilience. - There is
hereby created a Department of Disaster Resilience, herein after referred to as the
Department.

The Department shall be the primary government agency responsible for leading,
organizing, and managing the national effort to reduce disaster risk, prepare for and
respond to disasters, recover and rehabilitate, and build forward better after the
occurrence of disasters.

The Department shall oversee and coordinate the preparation, implementation,
monitoring, and evaluation of disaster and climate resilience plans, programs,
projects and activities, provide leadership in the continuous development of strategic
and systematic approaches to disaster prevention, mitigation, preparedness,
response, recovery and rehabilitation, to anticipatory adaptation strategies,
measures, techniques, and options. The Department shall augment the capacity of
local governments units in collaboration with relevant national government agencies
and other stakeholders to implement disaster risk reduction and mana/ament and
climate change action plans, programs, projects, and activities.

The Department shall be the principal government institution responsible for
ensuring safe, adaptive, and disaster resilient communities. It is mandated to provide
a clear and comprehensive direction in the implementation of plans, programs, and
projects to reduce the risk of natural hazards and the effects of climate change and
manage the impact of disasters.

The mandate of the Department covers all natural hazards, which include, among
others, the following:
(a) Geological Phenomena and Related Hazards
1) Earthquake - ground rupture, ground shaking, liquefaction, tsunami,
fire, landslides, and seiche or lake water oscillation
2) Volcanic activity - ash fall, pyroclastic flow, lava flow, lahar, fissuring,
and volcanic gas


3) Mass movement - landslides, debris flow, sinkholes
(b) Hydrological, Oceanographic and Meteorological Phenomena and Related
Hazards
1) Tropical cyclone - severe winds, storm surge, rouge waves, severe
rainfall including hail
2) Flood, rain-triggered landslides and storm surges
3) Erosion
4) Marine heatwaves, extreme sea events, and sea level rise
(c) Climate Variability/Change with Related Hazards of Compound Events and
Cascading Impacts
1) El Nifio or La Nifia (ENS) with associated rainfall and temperature
(in particular, projected extreme ENSOs)
2) Extreme temperature (heat wave or cold wave), extreme weather
conditions (drought or excessive rainfall)
3) Wildfire (forest or land fires)
(d) Biological and Related Hazards
1) Epidemic/Pandemic - viral, bacterial, parasitic, fungal, prion
infectious diseases
2) Insect Infestation - grasshoppers/locusts
(e) Extra-Terrestrial - Meteorite/Asteroid impact

‘The Department shall manage and direct the implementation of national, local, and
community-based disaster resilience and disaster management programs, projects
and activities, including disaster response, recovery and rehabilitation, when
applicable, in collaboration with relevant national government agencies, LGUs, COs,
academic institutions and other stakeholders: Provided, That for human-induced
disasters, the Department of the Interior and Local Government (DILG), Department
of National Defense (DND), Department of Social Welfare and Development (DSWD),
and other relevant government instrumentalities, including the Armed Forces of the
Philippines (AFP), Bureau of Fire Protection (BFP), Philippine National Police (PNP),
Philippine Coast Guard (PCG), and Office of Civil Defense (OCD), shall continue to
perform their functions: Provided, further, That the Department shall remain as the
lead agency in recovery and rehabilitation efforts in collaboration with all
stakeholders when applicable.

Notwithstanding, the mandates and powers stated herein shall be without prejudice
to the President's directive to address natural, human-induced, or other disasters
such as an epidemic.

SEC. 5. Powers and Functions of the Department. - The Department shall exercise
the following powers and functions, in collaboration with the relevant departments,
agencies, and nongovernment stakeholders:

(a) General Functions


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

(b) Disaster Risk Reduction
1) Develop coordinated regional and local strategies for the effective
prevention and mitigation of disaster risk resulting from natural
hazards, including the effects of climate change;
2) Develop and implement policies and programs relating to the
construction of new settlements or relocation of settlements in safe areas
which 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 and/or controlled corporations, LGUs, or
other government institutions:
3) Develop, in coordination with relevant government agencies, policies
and programs on land-use planning, urban planning and zoning which
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 and/or controlled corporations, LGs, or
other government institutions:
4) Establish or enhance standards for disaster preparedness and
continuity planning, such as on infrastructure standards and designs;
5) Collaborate with the Department of Public Works and Highways
(DPWH) and other relevant government agencies in the conduct of
regular structural, safety audit of buildings and other types of
infrastructure, and require the submission of necessary data,
information or reports related thereto;
6) Formulate a National Continuity Policy including plans and
programs to implement
government governance and business continuity;
7) Ensure the use of advanced science and technology in the anticipatory
planning of communities against the impact of natural hazards and
climate change through consultation, and employment with a regular
department funding for relevant academic or higher educational
institutions with proven risk reduction record;
8) Establish a system to ensure that all disaster-related data are
accessible to all stakeholders to generate the best scientific information
and technological products for use in disaster resilience;
9) Ensure that all climate change-related hazards are included in the
development of climate risk profiles of targeted LGUs as provided for in
the Climate Risk and Management Framework (CRMF) policy
document of the Climate Change Commission (CCC) and that the


appropriate institutions such as the academe and other science experts
or organizations who have the capability to develop or have developed
methodologies to establish climate change risk profile are officially
engaged;
10) Undertake programs and projects to reduce the vulnerability of
physical infrastructure, assets, and facilities including retrofitting, and
structural and non- structural upgrading, in coordination with the
relevant government agencies:
1) Call on relevant government agencies to develop alternative
livelihood programs to reduce the vulnerability to disasters of certain
areas or certain sectors of society;
12) Formulate, facilitate and monitor efforts relating to certain
resources or sectors toward addressing the long-term effects of climate
change on sustainable development, such as water resources,
agriculture, forestry, coastal and marine resources, health, and
infrastructure, in coordination with relevant government
agencies;
13) Design and implement an incentive system for greater private and
public investment, both at the local and national levels, on disaster risk
reduction;
14) 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;
15) Create an enabling environment that shall promote broader multi-
stakeholder participation for disaster risk reduction and climate change
adaptation and mitigation;
16) Establish, develop, and monitor programs and projects, in
coordination with relevant government agencies, that consider climate
projections, including temperature increase and rainfall change in the
Philippines to ensure climate-resilient communities
17) Establish and monitor national and local capacity for disaster risk
financing and insurance and other risk transfer strategies in
coordination with the Department of Finance (DOF), Government
Service Insurance System (GSIS), Land Bank of the Philippines (LBP),
and Insurance Commission;
18) Review and evaluate local disaster resilience plans and other local
plans to ensure their consistency with the National Disaster Resilience
Framework; and
19) Undertake all other programs and projects necessary to attain the
necessary outcomes for disaster risk reduction.

(c) Disaster Preparedness and Response
1) Lead, manage, and collaborate with the relevant government
instrumentalities, nongovernment 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) Establish a corps of first responders in partnership with national and
local stakeholders, both public and private;

3) Implement projects and programs that will enhance the capacity of
LGUs to prepare for and respond to disasters, giving ‘priority to LGs with
low income or those situated in high-risk areas:

4) Ensure the efficient prepositioning of goods, maintenance and
disposal of safety stocks;
5) Accredit, monitor, and evaluate training institutions on disaster
resilience;

6) Regulate the accreditation of donors, volunteers, and assisting
nongovernment stakeholders, both domestic and international;

7) Formulate standards for contingency planning that shall be adopted
by the LGUs:

8) Develop a database of exposure or elements at risk per area to
facilitate and ensure quick impact and needs assessment in the event of
a disaster:

9) Facilitate and regulate the acceptance, inventory, and accounting of
humanitarian assistance, including relief goods;

10) Maintain a database of volunteers and, when necessary, mobilize
volunteers to augment the personnel complement and logistical
requirements for disaster response andor for the delivery of DRM
programs, projects and activities;

11) Oversee and maintain a national early-warning and emergency alert
system that must provide a 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;

12) Coordinate information-sharing and other disaster risk reduction
protocols following the principle of inter-operability among national
government agencies and local government units;

13) Call upon other instrumentalities or entities of the government and
nongovernment and civic organizations for assistance in terms of the
use of their facilities and resources for the protection and preservation
of life and properties in the whole range of disaster risk reduction and
management. This function includes the power to call on the reserve
force as defined in Republic Act No. 7077, otherwise known as the
"Citizen Armed Forces of the Philippines Reservist Act' to assist in relief,
rescue, retrieval and management of dead and missing persons during
disasters or calamities:

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



15) Recommend to the President to call upon the AFP and PNP to render
the necessary assistance in a disaster-affected area by the authority of
the President;
16) Call upon, by authority of the President, the Armed Forces of the
Philippines, the Philippine National Police, the Bureau of Fire
Protection (BFP), the Philippine Coast Guard, and other uniformed
services to the extent necessary for the Department to achieve the
purposes of this Act;
17) Establish a National Corps of Volunteers to be composed of, among
others: Reserve Officers' Training Corps (ROTC), National Service
Training Program (NSTP), reservists, and other  socio-civic
organizations:
18) 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; and
19) Undertake all other programs and projects necessary to attain the
necessary outcomes for disaster preparedness and response.

(d) Recovery and Building Forward Better
)) Prepare, organize, lead, 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 to promptly perform impact and needs
assessment, including strengthening the in-house capacity of the
Department to conduct accurate and timely impact and needs
assessment;
3) 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;
4) Formulate or direct relevant government agencies and LGUs to issue
guidelines for fast-tracking the issuance of permits, certifications,
clearances and licenses to implement disaster recovery and
rehabilitation measures, including housing projects, in affected areas:
5) Prepare and implement rehabilitation plans for disaster affected
areas}
6) Manage and oversee the implementation of disaster recovery and
rehabilitation measures;
7) Collaborate with relevant government agencies to establish programs
to restore or generate livelihood in disaster affected areas;
8) Formulate policies and standards for post-disaster shelter recovery
which may include, among others, implementation arrangements,
coordination arrangements


with relevant agencies and LGs, and modalities for emergency
transitional and permanent shelter recovery;
9) Ensure that the principle of building forward better is applied to
rehabilitation or reconstruction efforts; and
10) Undertake all other programs and projects necessary to attain the
necessary outcomes for recovery and safer, adaptive, resilient, and
inclusive communities.

(e) Other Functions
1 Constitute, call, convene or deputize agencies of government, and
invite nongovernment and private organizations, to assist, advise, or
coordinate with the Department to achieve the purposes of this Act;
2) Inspect and examine the status of projects, programs, and activities
undertaken by national government agencies and local government
units in furtherance of disaster resilience efforts;
3) Save lives and/or minimize damages to livelihood and property,
complement and collaborate with relevant government agencies and
nongovernment stakeholders in providing humanitarian response and
the consequence management of human-induced disasters whenever it
becomes necessary;
4) 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;
5) 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;
6) Create or reorganize offices and/or task forces, as may be necessary
to carry out the objectives of this Acti and
7) Perform such other functions, as may be necessary, for the attainment
of the objectives of this Act.

Article IIT
EMERGENCY MEASURES

SEC. 6. Emergency Measures. - (a) To protect and preserve life and property and
ensure and promote public safety and welfare, the Department may undertake and
implement the following emergency measures in anticipation of, during, and in the
aftermath of disasters:

) Carrying out of preemptive evacuation;

2) Imposition of curfew;

3) Rationing of the distribution of basic goods in critical shortage, and when

necessary, preventing or restricting the transfer of such goods outside of the


area affected by the disaster, including access to rice inventory of the National
Food Authority (NFA) office or storage located in the affected area;
4) When there is imminent danger of loss of lives or damage to property,
temporarily take over or direct the operation of any private utility or business,
subject to payment of just compensation; and
5) With the concurrence of the DOF, recommend to the Monetary Board the
deferment of the payment of monetary obligations of local government units
and private entities that have been severely affected by disaster.
(b) Local government units shall enact ordinances on and implement necessary and
appropriate emergency measures to ensure the protection and preservation of life and
property and the promotion of public safety and welfare in anticipation of, during,
and in the aftermath of disasters.
(c) Emergency measures shall be carried out in a manner that is humane, respectful
of the dignity and culture of persons, without the use of discrimination and
disproportionate force, and with conscious attention to the needs of vulnerable and
marginalized groups.
(d) Appropriate steps shall be taken to inform the public of the need to implement
emergency measures for their safety.

SEC. 7. Preemptive and Force Evacuations. - Preemptive evacuation shall be the
preferred and primary mode of moving and relocating people that will be affected by
impending disasters.

A forced evacuation shall be considered as an emergency measure of last resort that
may be undertaken in anticipation of or during a disaster and carried out by the
concerned local government unit: Provided, That in case of the failure or inability of
the local government units to implement the same, the forced evacuation shall be
implemented by the Department, which may direct and compel the assistance of law
enforcement and other government agencies to implement such measure.

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

Article IV
ORGANIZATION AND MANAGEMENT

SEC. 8. 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 Committee on Appointments. The Secretary
shall preferably have a good background in any of the scientific, engineering, and
public management fields relevant to the attainment and promotion of resiliency to
natural hazards and climate change, and demonstrated managerial acumen.


SEC. 9. Powers and Functions of the Secretary. - The Secretary shall have the
following powers and functions:

a) Provide executive direction and supervision over the entire operations of the
Department:

b) 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;

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

@) Manage the financial, human and other resources of the Department:

e) Appoint and designate officers and employees of the Department, excluding
those requiring presidential appointment as provided for by law:

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

e) 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
orders, 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;

}) Formulate such rules and regulations, and exercise such other powers as
may be required to implement the objectives of this Act:

k) Serve as a member of the Government Procurement Policy Board (GPPB);
and

)) Perform such other tasks as may be provided by law or assigned by the
President.

SEC. 10. The Undersecretaries. - The Secretary shall be assisted by four (4)
Undersecretaries, which shall be responsible for the following key result areas:

a) Disaster Preparedness and Response - to implement projects and programs
that will enhance the capacity of LGUs to prepare against, and respond to,
disasters. This also includes development of a database of exposure or elements
at risk per area and database of volunteers, among others. It involves the
establishment of evacuation centers and the implementation of responsive and
efficient prepositioning of goods, maintenance and disposal of stocks, among
others:

b) Disaster Risk Reduction - to formulate, adopt, and/or implement, among
others, a whole-of:society approach in policies and programs to prevent new, if


not reduce existing disaster risks, to address the effects of climate change, and
to minimize loss and damage to lives and properties. This includes the
formulation of the required policies and/or programs for disaster risk reduction
and climate change adaptation in, among others, the NDRF and the NDRPIP;
c) Recovery and Building Forward and Better - to formulate and implement
rehabilitation plans for disaster-affected areas, and to ensure the
implementation of disaster recovery and rehabilitation measures, such as, but
not limited to, post-disaster shelters and livelihood projects, in collaboration
with relevant agencies, LGUs, and other stakeholders; and

d) Support to Operations - to formulate and implement, among others, policies,
programs and/or projects to ensure the efficient, effective, and responsive
delivery of the Department's key result areas. Support to Operations covers
knowledge management, institutional development and planning, finance,
office administration, human resources management, and development of the
Department's in-house capacities, among others.

SEC. 11. The Assistant Secretaries and Directors. - The Department shall have four
(4) Assistant Secretaries and appropriate number of Directors to ensure for the
effective, efficient, and responsive implementation of the mandate and functions of
the Department.

SEC. 12. Qualifications. - No person shall be appointed Secretary, Undersecretary, or
Assistant Secretary of the Department unless a citizen and resident of the
Philippines, of good moral character, and of proven experience, competence or
expertise in humanitarian relief assistance and disaster management. The Secretary,
Undersecretary, or Assistant Secretary shall not hold any other position, public or
private, during their terms of office.

SEC 13. Structure and Staffing Pattern. - The Department shall 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. 14. National Disaster Operations Center, Alternative Command Center, and
Research and Training Institute. - The Department shall establish, within one (1)
year from the approval of this Act, and act as the primary operator, the National
Disaster Operations Center (NDOC), Alternative Command and Control Center
(ACCCs) as may be necessary in each of the country's major island groups, and the
Disaster Resilience Research and Training Institute (DRRTI).

‘The Department is authorized to collect fees derived from the DRRTI.

The DOC is a physical center equipped with the necessary tools and systems to
monitor, 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 to provide
supplemental support to the NDOC. The number and location of ACCCs shall be
determined by the Department. Temporary ACCCs may likewise be established by
the Department, if necessary.

SEC. 15. DRRTI Functions and Inter-Agency Knowledge Sharing. - The DRRT! shall
be a platform for providing training preferably on site, and for collecting,
consolidating, managing, analyzing, and sharing knowledge and information to
improve or enhance disaster resilience.

The DRRTI shall:
a) Establish reliable and up-to-date disaster-related information and
communication systems and technologies through close collaboration with the
DOST and with academic institutions;
b) Institutionalize, maintain, and update an integrated disaster resilience
information system (IRIS), which includes, among others, multi-hazard
mapping, probabilistic risk assessment, risk analysis, early warning, exposure
database, communication and emergency management systems:
©) Establish a database that includes relevant information from other
government agencies and third parties for the Department to better prepare
and respond to natural hazards including, but not limited to, an inventory of
hazardous materials per area;
@) Consult and coordinate with, and consolidate information/data from,
relevant government agencies, such as, but not limited to, DOST, LGUs,
academic institutions, and relevant SOs to enhance the IRIS and to promote
knowledge sharing among all stakeholders;
e) Conduct disaster-related research programs, seminars, and trainings for all
types of stakeholders;
) Consolidate, organize and/or prepare training materials and publications;
and
g) Conduct other activities consistent with promoting the formation and
dissemination of knowledge and information relating to disaster resilience and
disaster management.

SEC. 16. Compliance and Accreditation of DRRTI with International 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.

SEC. 17. Disaster Assistance Action Center. - The Department shall institutionalize
a one-stop shop mechanism through a Disaster Assistance Action Center (DAAC)
which shall, among others, process necessary documents for both domestic and
international assisting actors.

SEC. 18. Incentives. - The Department has the authority to prescribe benefits,
allowances, and similar emoluments for disaster management professionals and
disaster resilience officers at the national and local levels.

Article V
NATIONAL AND LOCAL GOVERNMENT RELATIONS

SEC. 19. Retention of Local DRRM Offices and Creation of Local Disaster Resilience
Offices. - The Local DRRM Offices (LDRRMOs) in provinces, cities, and
municipalities shall be retained and renamed as Provincial, City, and Municipality
Disaster Resilience Offices, respectively. They shall collectively be called Local
Disaster Resilience Offices (LDROs). All LGUs shall establish an LDRO at the
provincial, city, and municipal level; All Local DRRM Councils (LDRRMCs) shall be
abolished.

The budgetary requirements for personal services, maintenance and other operating
expenses, and capital outlay of the LDROs shall be sourced from the General Fund of
the LGU, subject to Section 76 of Republic Act No. 7160, otherwise known as the
"Local Government Code of 1991", as amended.

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

Provinces, cities or municipalities shall be exempted from the Personnel Services (PS)
limitation on local government budgets in relation to the creation of the LDROs and
the appointment of its officers and personnel.

SEC. 20, Composition and Organization of LDROs. - The LDRO shall be under the
supervision and control of the provincial governor, and city or municipal mayor, as
applicable. The LDRO shall be composed of an officer and five (5) permanent
personnel responsible for, among others, administration, research and planning,
training, and operations. The organization, composition, functions, and
responsibilities of retained LDRRMOs shall be modified to the extent provided in,


and shall comply with the requirements and standards of, this Act and the IRR for
the establishment, maintenance and operations of LDROs.

SEC. 21. Local Disaster Resilience Officer. - The LDRO shall be headed and managed
by a well-qualified and full-time Local Disaster Resilience Officer with regular
plantilla position. The Local Disaster Resilience Officer and Staff shall be appointed
by the Local Chief Executive subject to the requirements and endowed with the
emoluments and benefits in accordance with existing laws, rules and regulations.

SEC. 22. Powers and Functions of City and Municipal DROs. - The City and

Municipal (CDRO and MDRO) shall have the following powers and functions:
(a) Formulate and implement, in close coordination with the Department, a
comprehensive and integrated LDRP in accordance with the NDRF and the
NDRPIP;
(b) Design, program, coordinate, and implement disaster resilience activities
including preparedness, risk reduction, response, recovery and rehabilitation
measures consistent with the standards and guidelines provided by the
Department, and implement the NDRF and the NDRPIP at the city or
municipal level;
(©) Prepare and submit to the local Sanggunian, the LDRP, the proposed
programming of the LDR Fund, other dedicated disaster resilience resources,
and other regular funding source of the LDRO;
(d) Recommend to the local Sanggunian the enactment of local ordinances to
implement the LDRP, NDRF and DRPIP at the city or municipal level, and to
comply with other requirements of this Act:
(e) Prepare and submit to the Department, the local Commission on Audit, and
the applicable Regional Disaster Resilience Office 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 LG which, among others,
consolidates and includes local risk information on natural hazards, profile of
the LG'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 as
hospitals and evacuation centers;
(g) 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;
(h) Organize and conduct training and knowledge management activities on
disaster resilience at the local level, in coordination with the DRRTL
(®) Procure emergency works, goods, and services in compliance with the
regulations, orders, and policies of DBM and Government Procurement Policy


Board (GPPB), to implement the DRP or support early recovery ant post
disaster activities:

} In coordination with the Department, the DOF and other relevant agencies,
access foreign loans to finance its projects, programs, and policies for disaster
preparedness, response, recovery, and rehabilitation, subject to terms and
conditions agreed upon by the LDRO and the lender;

(k) Monitor and mobilize instrumentalities and entities of the LG and its
partner LGUs, COs, private sector, organized volunteers, and sectoral
organizations for disaster resilience 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 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 or network and coordination mechanisms with other LGs
and the Department for disaster resilience activities and to achieve the
purposes of this Act; and

(0) Conduct 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. 23. Provincial Disaster Resilience Officer. - The Provincial Disaster Resilience
Office (PRO) shall be headed and managed by a Provincial Disaster Resilience Officer
with regular plantilla position.

SEC. 24. Powers and Functions of the PDRO. - The PDRO shall have the following
powers and functions:
(a) Formulate and implement, in close coordination with the Department and
cities or municipalities within its jurisdiction, a comprehensive and integrated
Provincial LDRP in accordance with the NDRF and the NDRPIP;
(b) Review the LDRPs of cities and municipalities within its jurisdiction, and
require the amendment of such LDRPs if necessary, to ensure compliance with
the Provincial LDRP and/or the NDRF and NDRPIP;
(©) Design, program, coordinate, and/or implement disaster resilience activities
consistent with the standards and guidelines provided by the Department, and
implement the NDRF and the NDRPIP at the provincial level;
(@) Prepare and submit to the Sangguniang Panlalawigan, the Provincial
LDRP, the proposed programming of the province's Local Disaster Resilience
Fund, other dedicated disaster resilience resources, and other funding sources
of the PDRO;


(e) Recommend to the Sangguniang Panlalawigan the enactment of local
ordinances to implement the Provincial LDRP, NDRF and NDRPIP at the
provincial level, and to comply with other requirements of this Act;

(© Prepare and submit to the Department, the local Commission on Audit, and
the applicable Regional Disaster Resilience Office a report p the utilization of
the province's Local Disaster Resilience Fund and other disaster risk reduction
and management resources}

(g) Establish and maintain, in coordination with the Department, a Provincial
Command and Control Center (PCC) 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 PRO to oversee, supervise, monitor and
respond to the needs of cities and/or municipalities within its jurisdiction in
relation to disaster resilience activities:

(h) Procure emergency works, goods, and services in compliance with the
regulations, orders, and policies of DBM and GPPB, to implement the
provincial LDRP or support early recovery and post-disaster activities of the
PDRO;

(i) In coordination with the Department and the DOF, access foreign loans to
finance its projects, programs, and policies for disaster preparedness, response,
recovery, and rehabilitation, subject to terms and conditions agreed upon by
the PDRO and the lender;

i) Formulate and establish mechanisms to mobilize and direct LDROs within
its jurisdiction as necessary for disaster preparedness and response at the
provincial level;

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

() Conduct 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. 25. Regional Offices. - The Department shall establish and maintain Regional
Offices (ROs) at each region, and a National Capital Region Office (NCR). The size,
composition and organization of ROs and NC shall be based on parameters provided
in the IRR on the ability of LGUs within its jurisdiction to cope with previous
disasters, or to implement their LDRPs or Provincial LDRPs; the level of income,
population, hazard exposure of LGUs. The ROs and NCR shall be funded by the
Department.

SEC. 26. Regional Director. - Each RO and the NCR shall be headed and managed by
a Regional Director with regular plantilla position. The Regional Director shall be


appointed by the Department Secretary for a fixed term pursuant to requirements,
terms of office and endowed with the emoluments and benefits subject to existing
laws, rules and regulations.

SEC. 27. Powers and Functions of ROs and NCR. - The ROs and the NCR shall have

the following powers and functions:
(a) Review the LDRPs and Provincial LDRPs of LGUs within its jurisdiction,
and require the amendment of such LDRPs and/or Provincial LDRPs if
necessary, to ensure compliance with the NDRF and NDRPIP;
(b) Monitor and direct LDROs and PROs to implement their respective LDROs
and PDROs;
(c) Recommend to the appropriate Sanggunian at the city, municipal or
provincial level, the enactment of local ordinances to implement the LDRP,
NDRF and NDRPIP 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
reduction and management resources of LGs within its jurisdiction, and give
recommendations, as necessary;
(e) Disburse to, and monitor the use by, LGUs of Supplemental LDRF as
granted by the Department pursuant to this Act and its IRR:
(® Provide, upon the request of LGs or unilaterally at its own discretion,
assistance to LGU(s) within its jurisdiction as necessary to ensure the
implementation of LDRPs or Provincial LDRPs, NDRF and NDRPIP, and to
render efficient and timely disaster preparedness, response and recovery
measures;
(g) 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;
(h) Procure goods and services in compliance with the regulations, orders, and
policies of DBM and GPPB, to implement the NDRPIP and NDRF at the
regional level;
() Formulate and establish mechanisms to mobilize and direct LDROs and
PROs within its jurisdiction as necessary for disaster preparedness and
response at the regional level;
j) Establish and maintain, in coordination with the Department, a Regional
Command and Control Center (RCC) which includes, among others, an
information management system at the regional level 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 RO to oversee, supervise, monitor and
respond to the needs of LGUs within its jurisdiction in relation to disaster
resilience activities; implement or assist in the implementation, as directed by
the Department, of rehabilitation plans for LGUs within its coverage; and


(k) Conduct 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. 28. Inter-Regional Disaster Resilience Office Collaboration. - The Department
shall create policies and programs to establish collaboration and coordination among

the different ROs.

SEC. 29. Levels of Responsibility for Disaster Preparedness and Response. - The
primary responsibility for disaster preparedness and response shall be exercised at
the local and national level in collaboration with the relevant departments and

agencies, as follows:

LEVELS OF RESPONSIBLE CONDITIONS
RESPONSIBILITY OFFICIALS
Level 1 — City or Mayor of the City / Ifa disaster affects a
Municipality Municipality (Lead) single municipality / city
Local Disaster Resilience
Office
(In the case of BARMM:
Municipal / City Mayor
and BARMM Local
Disaster Resilience
Office)
Level 2 — Province Governor (Lead) If a disaster affects two or
more municipalities /
Provincial Disaster cities
Resilience Office
Applicable Local Disaster
Resilience Offices
(In the case of BARMM:
Provincial Governor and
BARMM Local Disaster
__| __ Resilience Office/s)
Level 3 ~ Region Regional Director of the | If a disaster affects two or
Regional Office (RO) more provinces and/or
(Lead) independent component
or highly urbanized cities

Applicable Governors



Applicable Provincial
Disaster Resilience

Offices
(In the case of BARMM:
Regional Governor and
BARMM Local Disaster
Resilience Office/s)
(In the case of Metro
Manila: MMDA Chair)
Level 4 — National Secretary of the a. When a state of
Department of Disaster calamity is
During a state of Resilience (Lead) declared by the
calamity in any area(s) or President
affecting several regions | Governors of the affected
Provinces b. Ifa disaster affects
at least two (2)
regions

c. When the affected

LGU cannot
dispense its
functions, or

respond to the
threat or effect of
disaster

d. When the local
chief executive or,
in hishher absence
or incapacity, the
next high-ranking
official, directly
requests the
Department to take
over; When the
President directs a
Level 4 response

SEC. 30. Inter-Local Government Assistance. - LGUs are hereby authorized to extend
assistance to another LGU, whether through funding or donation of goods and/or
services, to ensure effective disaster preparedness and response, such as the pre-


Positioning and provision of basic goods, and training of first responders, among
others, subject to auditing and accounting.

SEC. 31. Reconstruction and Rehabilitation Powers of the Department. — The
Department shall be primarily responsible for the identification, planning and
funding of priority reconstruction and rehabilitation projects and programs on areas
affected by disasters: Provided, That the Department of Public Works and Highways
shall be the primary implementor of all infrastructure-related rehabilitation and
reconstruction projects, including retrofitting of structures to make them more
resistant and resilient to the effects of natural disasters.

SEC. 32. 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 undertake the necessary interventions to make its offices and
systems disaster-resilient.

SEC. 33. Assistance to Bangsamoro Autonomous Region in Muslim Mindanao. - The
National Government, thru the Secretary of Disaster Resilience, and the Bangsamoro
Autonomous Regional Government shall create an inter-governmental mechanism
for humanitarian relief assistance in the BARMM during times of natural disasters.

Article VI
WHOLE OF GOVERNMENT, WHOLE OF NATION, WHOLE OF SOCIETY
APPROACH AND INSTITUTIONAL ARRANGEMENTS,

SEC. 34. 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 IRIS as established pursuant to Section 15 of this Act. 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. 35. Synergy with Stakeholders. - The Department shall ensure close
collaboration and coordination with stakeholders, including COs, the academe, and
the private sector, in relation to disaster resilience programs and projects, and the
development and promotion of education and training mechanisms with relevant
stakeholders.

The Department shall establish a platform and mechanisms for coordination with
stakeholders, including the development of standard operating procedures for
collaboration in the event of a disaster.

SEC. 36. Establishment of Multi-Stakeholders Convergence Unit. - The Department


shall, with the assistance of other relevant government agencies and stakeholders,
establish a Multi-Stakeholders Convergence Unit (MSU) which shall align the
disaster resilience efforts of the private sector, CSOs, academe and other
stakeholders with that of the Department by assisting, coordinating or providing
services that strengthen public-private coordination in disaster resilience, including
the following:
(a) Establishment and implementation of business continuity practices to
ensure the continued delivery of products and services in the event of a natural
disaster;
(b) Crafting and implementation of a National Continuity Policy to ensure
service continuity during interruptions, emergencies, and disasters and ensure
the quick return to full operations;
(©) Establishment, incorporation, and application of business continuity plans
as part of the LDRP of LGUs;
(d) Facilitation or assistance in obtaining or processing incentives for the
private sector or other nongovernment stakeholders, such as tax credits: and
(e) Preparation and facilitating the issuance of special rules for Micro, Small,
and Medium Enterprises (MSMEs) such as mechanisms involving
procurement and liquidity to create enabling environments for disaster
preparedness and recovery.
The MSCU shall establish a platform that includes, among others, a database for
monitoring and coordinating efforts and resources of nongovernment stakeholders. It
shall be headed by one (1) of the Undersecretaries of the Department

SEC. 37. Roles and Responsibilities of Stakeholders. - The commitment, goodwill,
knowledge, experience and resources of relevant stakeholders are critical to realize a
safer, adaptive, resilient and inclusive Filipino community. Citizens shall have the
shared vision and duty to provide support to the State in the implementation of
policies and programs, particularly the Disaster Resilience Framework and Disaster
Resilience Plan at the national, regional, and local levels.
(a) Civil society, nongovernmental organizations, _ international
nongovernmental organizations, private sector, DRRM 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 local, regional, national, and global plans and strategies to
enhance public awareness and promote a culture of disaster resilience;
(b) Women, children, 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;
(@ Migrants and the urban and rural poor shall participate in building
resilient resettlement communities;



(c) Emergency responders and volunteer organizations shall contribute to
resilience by promptly and efficiently responding to disasters and emergencies
consistent with the policies of the Department;

( 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;

(g) The private sector is encouraged to integrate disaster resiliency projects
and programs in their corporate social responsibility initiatives; and

(h) The media shall provide prompt and accurate information to the public on
early warning systems, natural hazards, and disaster resilience activities of
the Department.

The Department, with the assistance of the ROs, shall establish and convene a
Disaster Resilience Assembly at the regional and national levels which shall be held
on a quarterly basis to ensure the proactive engagement of different stakeholders,
such as government agencies, the Union of Local Authorities of the Philippines
(ULAP), League of Cities of the Philippines (LCP), League of Municipalities of the
Philippines (LMP), CSOs, NGOs, academe, DRRM practitioners, and the private
sector, to ensure and foster coordination and collaboration towards

achieving the goals of this Act.

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

SEC. 38. Recognition and Incentives. - The Department, in partnership with the
private sector, shall establish an incentives program that shall recognize the
outstanding performance of LDRO, NGOs, COs, 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 disasters subject to existing
laws, rules and regulations.

Article VII
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC. 39. Standards for Disaster Preparedness Activities. —

(a) The Department shall establish standards and protocols for disaster
preparedness, contingency planning, localizing and operationalizing disaster
risk reduction and management, preparedness for responding to disasters and
undertaking early recovery, continuity of essential services, and other relevant
preparedness activities.

(b) 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 Act", to avoid
disruption of school classes and lessen the use of school buildings and facilities
as evacuation centers.

(©) The concerned LGUs shall immediately compensate schools used as
evacuation centers. The schools used as evacuation centers may seck
compensation for renovation, replacement, or repairs of damaged facilities for
such use.

SEC. 40. Multi-Hazard Early Warning and Risk Communication Standards. — There
shall be a streamlined policy governing early warning systems and risk
communication protocols to ensure effective and efficient measures to prepare for,
respond to and recover from potential risks and disasters.

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

SEC. 41. Early Warning Mandate. —
(a) The Department shall issue an integrated early warning alert for the
impending occurrence of hazards that will enable the public to prepare in time
and act appropriately to minimize potential harm or loss.
(b) 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
communication protocol and safe evacuation procedure of the affected
communities. It shall 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 local
level.
(c) 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".
(d) 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. 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.

Article VIII
HUMANITARIAN ASSISTANCE


SEC. 42. 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.

(b) The importation by, and acceptance of humanitarian assistance donated to
the Department, consisting of, among others, food, clothing, medical
assistance, equipment, and materials for relief, recovery and other disaster
management activities, are hereby authorized in accordance with Sections 120
and 121 of Republic Act No. 10863, otherwise known as the "Customs
Modernization and Tariff Act (CMTA)", and the prevailing provisions of the
General Appropriations Act covering national internal revenue taxes and
import duties of national and local government agencies.

SEC. 43. International Humanitarian Assistance. - The Department, in consultation
with the Bureau of Immigration and the Bureau of Customs shall promulgate
guidelines on international humanitarian assistance, including the initiation, entry,
facilitation, transit, regulation and termination thereof, as well as those involving
international disaster relief and personnel assisting international actors, visa waiver,
recognition of foreign professional qualifications, entry of international disaster goods
and equipment, and exemption from port duties, taxes, and restrictions.

SEC. 44. Assessment of the Need for International Humanitarian Assistance. -
(a) Immediately after the declaration of a state of calamity by the local
Sanggunian of the relevant local government unit or by the Department, as
the case may be, the Department shall determine whether domestic capacities
are likely to be sufficient to attend to the needs of affected persons for
international humanitarian assistance. This determination may also be made,
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.
(©) 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. 45, Humanitarian Assistance Action Center. - The Department shall create an
inter-agency one-stop shop mechanism called 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 lead and manage the HAAC, which shall be composed of the
following:

(a) Bureau of Customs;

(b) Department of Foreign Affairs:

(©) Department of Social Welfare and Development;

(d) Department of Health;

(e) Food and Drug Administration;

(© Department of Agriculture;

(g) Department of Energy:

(h) Department of National Defense;

G) Philippine National Police;

G) Philippine Coast Guard;

(k) Department of Transportation:

(I Department of Environment and Natural Resources; and

(m) Bureau of Immigration.

SEC. 46. Request for International Humanitarian Assistance. —

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

(b) The President may request international 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. 47. 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 a platform, including an online platform, to facilitate, and provide
public access to information on donations.

(b) The Department shall include in the Implementing Rules and Regulations
of this Act guidelines and accountabilities on the receipt, management,
distribution, accounting, and reporting of all humanitarian assistance,
whether in cash or in kind, consistent with the rules on the use of foreign and
local aid during calamities and disasters issued by the COA and other relevant
government agencies.

SEC. 48. Humanitarian Relief for Human-Induced Disasters. - The Secretary of the
Department of Disaster Resilience shall have the authority to provide humanitarian
relief in the consequence management of human-induced emergencies such as acts of
terrorism, insurgency, fire, and other related human-induced disasters.


Article IX
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES

SEC. 49. Offer and Facilitation of International Humanitarian Assistance to Foreign
States. - In the event of a disaster occurring in a foreign State for which international
humanitarian assistance is required, the Department, in coordinating with the DFA,
may offer, facilitate, provide, and deploy international humanitarian assistance to
said foreign State, which shall be subject to guidelines to be promulgated by the
Department for the purpose.

SEC. 50. Accreditation. - The Department, in coordination with relevant government
agencies and organizations, shall provide and facilitate the necessary training and
accreditation to the respective government personnel to be deployed for such offer,
facilitation and provision of international humanitarian assistance to a foreign State.

Article X
DECLARATION OF STATE OF CALAMITY

SEC. 51. Declaration of State of Calamity. - The Department shall recommend to the
President the declaration of a state of calamity, whether in whole or part of an area,
in case of an extraordinary disaster wherein the repercussions on public safety and
welfare are serious and far-reaching.

SEC. 52. Conditions for the Declaration of a State of Calamity. - The President shall
declare a state of calamity when all of the following requisites are present:
(a) There is a grave, unforeseen, or sudden occurrence which demands
immediate action;
(b) The occurrence was caused by a natural disaster;
(©) The occurrence is likely to cause a threat to life and/or danger to property;
and
(a) The declaration of a state of calamity shall cover a limited period only.

SEC. 53, Mandatory and Remedial Measures. - The declaration of a state of calamity
shall allow the immediate implementation of any or all of the following remedial
measures:
(a) Imposition of price ceiling on basic necessities and prime commodities by
the President upon the recommendation of the implementing agency as
provided for under Republic Act No. 7581, otherwise known as the "Price Act’,
or the National Price Coordinating Council;
(b) Monitoring, prevention and control by the Local Price Coordination Council
of overpricing or profiteering and hoarding of prime commodities, medicines
and petroleum products:


(©) Grant of tax credits or exemptions by the BIR, upon the recommendation of
the President or the Department; and

(a) Use of alternative methods of procurement under Article XVI of Republic
Act (RA) No. 9184, otherwise known as the "Government Procurement Reform
Act’, its implementing rules and regulations (IRR) and other issuances of the
Government Procurement Policy Board by the Department, LGUs or the
relevant government instrumentalities in relation to the urgent procurement
of emergency works, goods and services to effectively respond to, quickly
respond to disasters, and build forward better.

Article XI
RECOVERY
SEC. 54. Standards for Recovery. - The Department shall observe internationally
accepted standards for recovery, planning, programming and implementation of the
recovery process. Towards this end, the Department shall:
(a) Improve the community's physical, social and economic resilience,
consistent with the principle of "building forward better";
(b) Use locally driven centrally supported processes based on legal mandates
with supplementary capacity support when requested;
(©) Redirect development outside danger zones to minimize loss of lives and
structures resulting from typhoons, flooding, landslides, and other hazards;
(d) Employ outcome-driven planning and implementation;
(e) Maximize use of private-public sector partnership where possible;
( Consider local conditions such as culture, security situation and existing
capacities of communities in identifying programs and projects:
() Ensure access to public transport, physical and mental health services,
markets, schools, sustainable livelihoods, and other public services in planning
for settlement areas} and
(h) Ensure restoration of peace and order and recovery of government
functions.

Article XIT
FUNDS AND RESOURCES

SEC. 55. Fund Regulations. - The DBM and COA shall establish rules and regulations
to ensure that funds required for disaster response, recovery, and rehabilitation are
available and/or released efficiently and expeditiously through innovative budgeti ing
and auditing mechanisms.

SEC. 56. Local Disaster Resilience Fund and Local Disaster Contingency Fund. -
LGUs shall annually set aside not less five percent (5%) of their local budget, to
constitute a Local Disaster Resilience Fund (LDRF). The LGU shall use its LDRF to
maintain and operate its LDRO to maintain the officers, employees and staff of the
LDRO, and to implement plans, programs and activities under 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 LGs from providing additional funding or
allocating additional resources for disaster resilience activities, plans and programs
within their jurisdiction.

SEC. 57. Supplemental LDRF. - The Department may allocate and disburse funds to
supplement an IGU's LDRF based on parameters and requirements indicated in the
IRR. In determining such parameters and requirements, the IRR shall aim to provide
supplemental funds to LGs with low income and/or high exposure to natural hazards.
Supplemental LDRFs shall, as much as possible, fill gaps or shortages in L.GU
resources to ensure that LGUs can implement disaster resilience measures such as,
among others, implementing their LDRP or Provincial LDRP, establishing their
LDROs or PDROs, obtaining and/or maintaining the necessary equipment and staff
in their LDROs or PROs, and implementing the NDRF and the NDRPIP at the local
levels.

SEC. 58. National Disaster Resilience Fund. —

(a) The National Disaster Risk Reduction and Management Fund (NDRRM
Fund) created under Section 22 of Republic Act No. 10121, otherwise known
as the "Philippine Disaster Risk Reduction and Management Act of 2010",
appropriated under the annual General Appropriations Act is hereby renamed
as the National Disaster Resilience Fund (NDRF) and shall be managed and
controlled by the Department. The NDRF shall be used for disaster risk
reduction or mitigation, prevention, and preparedness activities such as
training of personnel, procurement of equipment, and capital expenditures. It
can also be utilized for relief, recovery, reconstruction, and other work or
services in connection with natural or human-induced calamities which may
occur during the budget year or those that occurred in the past two (2) years
from the budget year.

(b) Thirty percent (30%) of the amount appropriated for the NDRF shall be
allocated as Quick Response Fund (QRF) or stand-by fund and shall also be
under the management and control of the Department. The QRF shall be used
for relief and recovery programs to quickly normalize the situation and living
conditions of people in communities or areas stricken by disasters, calamities,
epidemics, or complex emergencies, and other related programs, projects and
activities formulated at the national level.

SEC. 59. People's Survival Fund. - The Secretary of the Department shall be a
member of the People's Survival Fund Board mandated to manage and administer
the People's Survival Fund created under Republic Act No. 10174, otherwise known
as the "Climate Change Act of 2009", and facilitate its utilization by LGUs, through


ROs, to implement climate change adaptation projects of LGUs, and equip vulnerable
LGU communities against the impacts of climate change.

SEC. 60. Multi-Donor Trust Fund. - The Department shall 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-Donor Trust Fund.

SEC. 61. Donations Management. - The Department shall have the power to receive
and manage donations from any person or entity, whether from local or international
sources.

The importation by, and donation 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 Sections 120 and
121 of Republic Act No. 10863, otherwise known as the "Customs Modernization and
Tariff Act (CMTA)", and the prevailing provisions of the General Appropriations Act
covering national internal revenue taxes and import duties of national and local
government agencies.

SEC. 62. Regulation of Donations. - The Department shall establish and operate a
platform, including an online platform, to facilitate, monitor, and provide public
access to information on donations. To ensure complete accounting and reporting of
donations, the Department shall formulate and issue rules and guidelines for the
receipt, management and accounting of donations, which are consistent with the
rules on the use of foreign and local aid during calamities and disasters issued by CA
and other relevant government agencies.

Article XII
SPECIAL RULES ON BORROWING, TAXES,
ECOZONES AND PROCUREMENT

SEC. 63. Rules on Borrowing. - The LGUs shall coordinate with the DOF, Bangko
Sentral ng Pilipinas (BSP), and other relevant agencies to access foreign loans 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 and efficient
response to, and/or recovery from disasters, the following shall be granted special
exemptions from existing taxation laws, rules, and regulations:
(a) Foreign disaster assistance or international donations coursed through the
Department shall be exempted from taxes and import duties;


(b) Local disaster assistance shall be exempted from donor's tax and allowing
the treatment of donations as a deductible expense for local disaster assistance
coursed through the Department;

(©) Goods or services donated from abroad coursed through the Department
shall be exempted from the value added tax (VAT); and

(@) Aid or assistance rendered by members of the private sector or their
investments in disaster resilience and climate change adaptation measures for
their residence, communities or businesses.

LGUs may also implement local tax rules which 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 victims.

SEC. 65. Customs Duties and Tariffs on Donations. - The BOC shall create rules
which would, among others, hasten the processing and release of donated goods and
equipment to disaster victims and/or affected areas pursuant to Sections 120 and 121
of Republic Act No. 10863, otherwise known as the "Customs Modernization and
Tariff Act (CMTA)".

SEC. 66. Economic Recovery and Development of Disaster-Prone Areas. —

(a) The Department, in coordination with the Department of Trade and
Industry (DTD and other relevant agencies, shall create and provide policies,
programs, and projects, such as, business tax relief and subsidies, to encourage
business investments, and to stimulate economic activities in affected or
disaster-prone areas.

(b) The Department, in the 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 affected or disaster-prone areas.

SEC. 67. Procurement. - The Department, ROs, or LGs may resort to any of the
Alternative Methods of Procurement provided in RA No. 9184, including Negotiated
Procurement (Emergency Cases) under Section 53(b) of RA No. 9184, in any of the
following instances:

a) In case of imminent danger to life or property during a state of calamity;

b) When time is of the essence arising from natural or man-made calamities;

and

c) Other causes where immediate action is:
i. To prevent damage to or loss of life or property, or
Restore vital public services, infrastructure facilities and other public
utilities.



Furthermore, the Department, ROs, or LGUs may use Shopping under Section 52(a)
of RA No. 9184, when there is an unforeseen contingency requiring immediate
purchase.

SEC. 68. Alternative Modes of Procurement. - The Department, ROs, or LGUs may
resort to any of the Alternative Methods of Procurement provided in RA No. 9184,
including but not limited to, Shopping and Negotiated Procurement (Emergency
Cases) under Sections 52 (a) and 53(b) of RA No. 9184.

‘The Department, ROs, or LGUs may also use Framework Agreements in accordance
with the rules and regulations of the GPPB.

SEC. 69. Special Rules on Procurement for Reconstruction and Rehabilitation of
Affected Areas. —

(a) The GPPB 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) (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 shall provide less
bureaucratic restrictions, or exemption from, or reduction of. customs
duties.

SEC. 70. Procurement from Qualified Suppliers or Contractors. - The Department
shall 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 in accordance with
RA No. 9184, its IRR and other issuances of the GPPB.

SEC. 71. Framework Agreements. - The Department shall have authority to enter
into Framework Agreements 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 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 RA No. 9184 and
its 2016 IRR.


SEC. 72. Other Procurement Rules and Policies. - In view of the urgency and 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 GPPB shall issue appropriate resolutions,
orders, and policies to effectively implement the provisions of this Act.

Article XIV
DISASTER RISK TRANSFER AND INSURANCE

SEC. 73. Mandated Insurance Coverage. - To attain disaster resilience and achieve
the purposes of this Act, the Department shall have the discretion and authority to
require government agencies, government-owned and controlled corporations
(GOCCs), or LGUs 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, GOCC or LGU, as applicable, for any
damage to, or loss of, properties due to a natural disaster.

Article XV
YOUTH ASSISTANCE AND PARTICIPATION

SEC. 74. Youth Organizations. - The Department, with the assistance of the National
Youth Commission (NYC), shall create policies, projects, and programs that address
the special needs of the youth for disaster preparedness and management which shall
include, among others:
(a) Supporting youth-oriented pre- and post-disaster activities;
(b) Conducting disaster risk training and management programs involving the
youth; Coordinating with the Department of Education to create school
curricula or programs that educate and train children on disaster risk
awareness and disaster preparedness:
(©) Mobilizing youth organizations; and
(d) Encouraging the participation of the youth, through the barangay youth
representative and the Sangguniang Kabataan (SK) to participate in disaster
resilience and disaster management activities.

SEC. 75. Youth Oriented Disaster-Related Programs, Policies, and Projects. —
(a) The Department, with the assistance of the National Youth Commission,
shall provide training on, and implement, response and rehabilitation
programs for the youth, including mental health and psycho-social services.
(b) The Department, in collaboration with the Department of Education
(DepEd), the Technical Education and Skills Development Authority (TESDA)


and other relevant agencies, shall integrate disaster risk and disaster
resilience education in the school curriculum.

SEC. 76. Comprehensive Emergency Program for Children, Pregnant and Lactating
Mothers. - The Department shall establish and implement a comprehensive
emergency program to provide emergency relief and protection to children, and
pregnant and lactating mothers in the event of a natural disaster.

Article XVI
PROHIBITED ACTS AND PENALTIES

SEC. 77. 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 78 of this Act,
without prejudice to the imposition of other criminal, civil and administrative
liabilities under existing laws.
(a) Prohibited Acts of Public Officials. The following acts, if committed by
public officials without justifiable cause, shall be considered as gross neglect of
duty:
D) Dereliction of duty which leads to destruction, loss of lives, critical
damage of facilities and misuse of funds;
2) Failure to enforce laws, standards, or regulations such as the National
Building Code, Solid Waste Management Act, Water Code, and other
relevant laws, thereby increasing the risk of disasters or adversely
affecting of disaster resilience;
3) Failure to expeditiously act on reported violations:
4) Failure to create LDRO(s) or PRO(s) and appoint a permanent Local
or Provincial Disaster Resilience Officer within six (6) months from the
approval of this Act; and
5) Failure to prepare and implement an LDRP or PDRP, as applicable
or a contingency plan for hazards frequently occurring within their
jurisdiction.
(b) Prohibited Acts of Public Officials and Private Persons or Institutions.
1) Delaying without justifiable cause the delivery of aid commodities,
their improper handling or storage, resulting to damage or spoilage;
2) Withholding the distribution of relief goods due to (a) political or
partisan considerations; (b) discrimination based on race, ethnicity,
religion, or gender; and (c) other similar circumstances;
3) Preventing the entry and distribution of relief goods in disaster-
stricken areas, including appropriate technology, tools, equipment,
accessories, disaster teams or experts;
4) Buying, for consumption or resale, from disaster relief agencies any
relief goods, equipment or other and commodities which are intended for
distribution to disaster affected communities;


5) Buying, for consumption or resale, from the 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 misdelivering 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 intended for or consigned to other rightful
recipient or consignee;
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 person;
ii. Repacking the goods, equipment or other aid commodities into
containers with different markings to make it appear that the
goods came from another agency or persons or was released upon
the instance of a particular agency or person;
iii. Making false verbal claim that the goods, equipment or other
and commodity in its untampered original containers actually
came from another agency or person or was released upon the
instance of a particular agency or person;
11) Substituting or replacing relief goods, equipment or other aid
commodities with the same items or inferior or cheaper quality;
12) Illegal soliciting of relief goods, equipment or other aid commodities
by persons or organizations representing others as defined in the
standards and guidelines set by this Act's IRR;
13) Deliberately using false or inflated data in support of the request for
funding, relief goods, equipment or other aid commodities for emergency
assistance or other projects: and
14) Tampering with or stealing hazard monitoring and disaster
preparedness equipment and paraphernalia.

SEC. 78. Penalties. - Any individual, corporation, partnership, association or other
juridical entity that commits any of the prohibited acts in the preceding Section shall
be made liable for the following:
(a) A fine of not less than One hundred thousand pesos (Php 100,000.00) or not
to exceed Five hundred thousand pesos (Php 500,000.00), or imprisonment of
not less than six (6) months and one (1) day nor more than twelve (12) years,
or both, at the discretion of the court, including perpetual disqualification from
public office if the offender is a public officer, and confiscation or forfeiture in


favor of the government of the objects and the instrumentalities used in
committing any of herein prohibited acts.

(b) 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 the license or
accreditation issued to these entities by any licensing or accredited body of the
government. If such offender is an alien, he or she shall, in addition to the
penalties prescribed in this Act, be deported without further proceedings after
service of the sentence.

(c) If the offender is a public officer, the offense shall also be punishable by
administrative suspension of six (6) months and one (1) day to one (1) year for
the first offense, and dismissal from the service for the second offense. The
penalty of dismissal shall carry with it the cancellation of eligibility to or
forfeiture of retirement benefits, perpetual disqualification from holding public
office and disqualification from taking civil service examinations.

Acts committed in violation of this Section shall be without prejudice to the
imposition of other criminal, civil and administrative liabilities under other existing
laws.

SEC. 79, Liability for Unlawful Performance of Duties and State Liability in Case of
Defense Litigation. - In case a lawsuit is filed against an officer or employee of the
Department as a result of the performance of official duties, and such performance
was found to be lawful, the officer shall or employee shall be reimbursed by the
Department for reasonable costs of litigation. For this purpose, the Department is
authorized to procure the applicable liability insurance for its officers and employees

SEC. 80. Disciplinary Powers of the President. - The President, upon the
recommendation of the Department Secretary, shall impose administrative sanctions
against local chief executives and barangay officials for willful or negligent acts
performed in the implementation of, or compliance with, this Act and its IRR or
relating to their official functions which adversely affect disaster resilience projects
such as delayed issuance of permits or failure to implement local ordinances.

Article XVI
SPECIAL COURTS AND INJUNCTIONS

SEC. 81. Special Courts on Disaster Resilience Matters. - To ensure the prompt and
expeditious resolution of disputes relating to disaster response, recovery or
rehabilitation measures, the Supreme Court shall establish special courts to hear,
try, and decide cases arising from the following, among others:


(a) Implementation of the government's policies, plans, programs, projects and
budget related to the NDRPIP, LDRP, PDRP, other disaster resilience
activities, or pursuant to the provisions of this Act;

(b) Construction of new settlements, or relocation of informal settlers or
settlements, to promote disaster resilience?

(c) Expropriation, eminent domain or right-of-way issues relating to the
implementation of disaster resilience projects}

(d) Failure to comply with standards for disaster preparedness and continuity
planning, including, but not limited to infrastructure standards and designs;
(e) Declaration of state of calamity under Article X of this Acts

( Imposition of tax, customs duties, or the implementation of tax relief,
exemptions, reductions and other tax or customs rules and regulations in
relation to donations, disaster assistance, or other tax policies implemented by
the BIR or BOC pursuant to the provision of this Act;

(g) Commission of prohibited acts under Article XVI of this Act;

(h) Disputes involving donations, relief goods, or contracts executed or
implemented pursuant to the provisions of this Act} and

(i) Other matters relating to achieving the purposes of this Act which the
Supreme Court may determine as falling under the jurisdiction of the special
courts created pursuant to this Section.

SEC. 82. Dispute Resolution Mechanisms. - The Department shall establish a
Disaster Resolution Board which shall resolve disputes involving administrative
matters related to:

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

(b) Decisions of the ROs;

(c) Contracts entered into by the Department or any of its agents pursuant to
the provisions of this Act; and

(d@) Other administrative matters or issues as may be determined by the
Department.

The composition, structure, and other organizational matters related to the RB shall
be defined and provided in the IRR of this Act.

SEC. 83. Special Prosecutors. - The Ombudsman shall designate special prosecutors
to handle and prosecute violations of this Act involving public officials and employees.

SEC. 84. Imposition of Temporary Restraining Order. - No Court, except the Supreme
Court, shall have the powers 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.

Article XVIII


FINAL PROVISIONS

SEC. 85. Transfer. -
a) The disaster risk reduction and management powers, functions, assets,
personnel, fund and appropriations of the Office of Civil Defense (OCD)
currently under the DND, are hereby transferred to the Department, and the
civil defense functions shall remain with the DND. The existing organizational
and administrative systems and processes of the OCD, as transferred, shall
serve as the core organization of the Department.
b) The applicable powers, functions, funds and appropriations of the Disaster
Response Assistance and Management Bureau and the National Resource and
Logistics Management Bureau under the DSWD, are hereby transferred to the
Department.
c) The NDRRMC is 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 consequence management of human-induced disasters, as provided for by
existing laws.

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

SEC. 86. Coordination and Convergence with the Climate Change Commission. - The
Department, and the Climate Change Commission, pursuant to its mandate under
Republic Act No. 9729, as amended, shall establish and implement a convergence
mechanism to facilitate coordination on the following areas:
a) Conduct of current and future climate and disaster risk assessment as basis
for sustainable development and resilient investment planning and
programming at the national, sectorial, and local levels;
b) Establishment of a National Integrated Climate and Disaster Risk
Information System, a singular platform for integrating and sharing climate
and disaster risk information;
c) Development and implementation of capacity-building and technical
assistance programs for local government units and stakeholders on climate
change adaptation and disaster risk reduction;
d) Monitoring and evaluation of progress of implementation of national,
sectorial, and local plans and programs on climate change adaptation and
disaster risk reduction; and


e) Development of knowledge exchange platforms and implementation of
information, education, and communication program, including good practices
on Climate Change Adaptation and Disaster Risk Reduction.

SEC. 87. Transitory Provision. - The transfer of functions, assets, funds, equipment,
properties, transactions, and personnel of the affected and transferred agencies, and
the formulation of the internal organic structure, staffing pattern, operating system,
and revised budget of the Department, shall be completed within two (2) years from
the effectivity of this Act, during which time the existing personnel shall continue to
assume their posts in holdover capacities until new appointments are issued:
Provided, That, after the abolition of the agencies as specified in Section 85 of this
Act, the Department, in coordination with the DBM, shall evaluate, abolish old and/or
create new positions.

SEC. 88. Interdepartmental Relations and Coordination. -

The DDR shall continuously call upon the following departments: (a) DOST for the
Philippine Atmospheric, Geophysical and Astronomical Services Administration
(PAGASA) and Philippine Institute of Volcanology and Seismology (PHIVOLCS); (b)
DENR for the Geohazard Assessment and Engineering, Geology Section of the Mines
and Geosciences Bureau (MGB): (c) DOH for the Health Emergency Management
Bureau (HEMB); and (d) DILG for the Bureau of Fire and Protection: Provided, That
DDR and these departments shall establish systems and protocols for fostering
interdepartmental relations and close coordination, through sustained sharing of
data, information technology, facilities, and other resources critical to the DDR,
among others: Provided, further, That the said agencies will cooperate fully with the
DDR, in anticipation of, during and as necessary in the determination of the DDR
Secretary, and perform agency mandates in close coordination with DDR as
circumstances warrant in the aftermath of emergencies and disasters: Provided,
finally, That PAGASA, PHIVOLCS and the Geohazards Unit of the MGB shall
provide staff augmentation to DDR Operations Center as the need arises.

SEC. 89. Transfer of Resources. - The transfer of powers and functions of agencies
listed in Section 85 shall include the corresponding funds and appropriations,
plantilla positions, records, equipment, facilities, and properties of such agencies,
subject to the power of the Department to reorganize or reallocate the resources and
positions from such agencies, as may be necessary to attain the objectives of this Act.

SEC. 90. 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 (PMOERG), as created pursuant to Executive
Order No. 52, s. 2018, shall be transferred to the Department under the supervision
and control of the Secretary and shall continue to exercise its mandated functions.


SEC. 91. Post-Disaster Shelters. - The Department shall establish a post-disaster
shelter recovery policy framework for low-income or informal settler families, with
the assistance of the appropriate housing agencies and the concerned LGs. It shall,
among others, determine the appropriate shelter modalities depending on the
following post-disaster phases: emergency, temporary or transitional, and
permanent. The Department shall likewise identify, assess, and designate safe zones
where the appropriate shelters shall be built.

SEC. 92. Cultural Heritage. - To protect, preserve, and promote the nation's historical
and cultural heritage, the Department shall assist the appropriate cultural agencies
and the appropriate LGUs to give priority protection and restoration to all national
cultural treasures or national historical landmarks, sites, or monuments in post-
disaster recovery or rehabilitation measures.

SEC. 93. Indigenous People. -

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

(b) The Department shall ensure respect for, and protection of, the traditional
resource right of the Indigenous Cultural Communities or Indigenous Peoples
(ICCs or 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 which 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 concerned ICCs or IPs and, as much as possible, engage such ICCs or
TPs in jointly formulating a disaster resiliency plan for their ancestral domain.

SEC. 94. Livelihood. - The Department shall, with the assistance of the relevant
government agencies, such as the DTI and Department of Labor and Employment
(DOLE), establish policies and programs to restore and/or generate livelihood in areas
affected by natural disasters.

SEC. 95. Structural Audit of Government Buildings. - The Department, with the
assistance of the DPWH and other relevant government agencies and stakeholders,
shall ensure and conduct structural audit, as often as necessary, on government
buildings, especially those located in congested and disaster-prone areas, to ensure
structural integrity and disaster risk of urban buildings and to prevent the loss of life
and property in the event of an anticipated natural disaster.


SEC. 96. Magna Carta Benefits. - Qualified employees of the Department including
those of its attached agencies, shall 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 Science and Technology Personnel in the
Government’; and Republic Act No. 7305, otherwise known as the "Magna Carta of
Public Health Workers"; and Republic Act No. 9433, otherwise known as the "Magna
Carta for Public Social Workers".

SEC. 97. Hazard Pay. - Qualified personnel of the Department and the local disaster
resilience offices are entitled to receive hazard pay, subject to existing policies and
guidelines.

SEC. 98. Separation Benefits of Officials and Employees of Affected Agencies. - Public
sector employees who have been displaced or separated from the service pursuant to
reorganization under this Act shall be entitled to separation pay, retirement and
other benefits in accordance with Republic Act No. 6656 or the Government
Reorganization Law, and other laws, and rules and regulations issued by the Civil
Service Commission on government reorganization.

Tn no case shall there be any diminution of benefits under the separation plan until
the full implementation of this Act.

Employees who shall be displaced or separated as result of the implementation of this
Act shall be given preference for appointment in the Department and in other
government agencies if they meet the qualification requirements of the positions.

No new employees shall be considered for appointment until all incumbent employees
have been placed. The placement of an incumbent employee to a higher position
which constitutes a promotion shall not be allowed until all incumbent employees
have been placed to comparable positions for which they are considered.

SEC. 99. Appropriations. - The amount necessary for the initial implementation of
this Act shall be taken from the current fiscal year's appropriations of all agencies
herein absorbed, and transferred 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. 100. Implementing Rules and Regulations. - The Department, DBM, GPPB,
DND, DOF, DILG, DOST, NEDA, DSWD, CSC, and the Career Executive Service
Board (CESB), the House and Senate Committees on Government Reorganization,
and representatives from relevant government agencies, academe, business sector,
nongovernment organizations, and civil society organizations shall prepare and issue
the implementing rules and regulations (IRR) to implement this Act within ninety
(90) days from its effectivity.


SEC. 101. 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) members of the Senate 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 shall 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.

The Joint Congressional Oversight Committee on Disaster Resilience shall be
assisted by a secretariat to be composed by personnel under secondment from the
Senate and the House of Representatives and may retain consultants.

SEC. 102. Mandatory Review. - Within five (5) years after the effectivity of this Act,
or as the need arises, the Congressional Oversight Committee shall conduct a
systematic evaluation of the accomplishments and impacts of this Act, as well as the
performance, and organizational structure of the Department, for purposes of
determining remedial legislation.

SEC. 103. Interpretation. - Any doubt in the interpretation of any provision of this
Act shall 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. 104. 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. 105. Repealing Clause. - The provisions of Republic Act No. 10121, otherwise
known as the "Philippine Disaster Risk Reduction and Management Act of 201
Republic Act No. 7160, otherwise known as the "Local Government Code of 1991";
Republic Act No. 7916, otherwise known as "The Special Economic Zone Act of 19953,
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. 106. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,