Republic of the Philippines
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Quezon City, Metro Manila RE CE IVED A\
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NINETEENTH CONGRESS: *
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First Regular Session

HOUSE BILL NO. 196

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

EXPLANATORY NOTE

This is a refiled bill of Hon, Xavier Jeshis D. Romualdo of the Lone District of Camiguin which he
originally filed in the 17" Congress and refiled in the 18" Congress, which in both occasions were
forwarded to the Senate for its appropriate action.

This bill seeks to create a new Department of Disaster Resilience which shall be the sole policy-
making and advisory body on disaster risk and vulnerability reduction and management and build
better forward as a post recovery and post rehabilitation mechanism. This will replace the existing
National Disaster Risk Reduction ahd Management Council which exercises coordination,
integration, supervision, monitoring, ahd evaluation functions.

It abolishes the National Disaster Risk Reduction Management Council and the powers, funds and
appropriations as to disaster risk reduction and management functions, assets and personnel of the
Office of the Civil Defense under the Department of National Defense shall be transferred to the
Department of Disaster Resilience.

It establishes at all provincial, city and municipal levels of the local government units a Local
Disaster Resilience Office and Officers with budgetary requirements for personal services,
maintenance and other operating expenses, and capital outlay, the funding shall be sourced from
the General Fund of the LGU’s. The supervision and control of the LDRO’s rest upon their
respective local chief executives and [DRO’s shall have a regular plantilla position considering
the technical and administrative nature of their work

At the regional levels, there shall be created Regional Disaster Resilience Offices and a Metro
Manila Disaster Resilience Office to be headed and managed by a Regional Director with regular
plantilla positions and appointed by the Department Secretary.

‘The bill will address organizational and functional strengths of the new Department and its
coordinative relations with existing agencies relative to its mandate.

Employees who shall be displaced or separated from the service pursuant to reorganization shall
be entitled to separation pay, retirement and other benefits in accordance with Republic Act No
6656 and other existing laws including policies of the Civil Service Commission

In the 2019 status report! on “Disaster Risk Reduction in the Philippines” prepared by the United

Nations Office for Disaster Risk Reduction (UNDRR), Regional Office for Asia and the Pacific,
it stated these facts:

+ nttps://www.unisdr.org/files/68265_68230Bphilippinesdrmstatusreport. pdf


“In terms of disaster risk, Philippines ranked third among all of the countries
with the highest risks worldwide according to the World Risk Report 2018, with index
value of 25.14% (World Economic Forum, 2018). At least 60% of the country’s total
land area is exposed to multiple hazards, and 74% of the population is susceptible to
their impact (GFDRR, 2017). This is largely due to the location and geographical
context as the risk involving coastal hazards such as typhoons, storm surges and rising
sea levels is high. Also, as the islands are located within the “Ring of Fire” between
the Eurasian and Pacific tectonic plates, earthquakes and volcanoes are posing serious
risks to the safety of the populace. Flooding, landslides, droughts and tsunamis further
contribute to the exposure to natural hazards (CFE-DM, 2018). Of these, hydro-
meteorological events including typhoons and floods, accounted for over 80% of the
natural disasters in the Philippines in the past half Century.”

‘The time for the creation of a Department of ster Resilience is now. We ought to think of the
thousands of people that have died and were injured, and the billions of properties and livelihoods
that have perished through the years. Disaster risk management have become priorities in many
local government units in the country to ensure that lives and properties are protected and the
implementation of good projects has become a benchmark of good local governance.

‘The government must take a strong stahd now and avoid piecemeal solutions. The passage of this
measure is a strong step in that direction towards disaster resiliency and better living choices.

‘The support of the Members of Congress is earnestly sought fokMhe prompt passage of this bill

JURDIN JESUS M. ROMUALDO.


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

NINETEENTH CONGRESS

First Regular Session

196

ee
INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO
— .s

AN ACT
CREATING THE DEPARTMENT OF DISASTER RESILIENCE,
DEFINING ITS MANDATE, POWERS AND FUNCTIONS, AND APPROPRIATI:
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 propertigs 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, instifutionalized, 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, — coordinating
with, and the Philippine government, other foreign governments and financial institutions,
international organizations, the private sector, and civil society. Disaster risk reduction and


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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;

(©) 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 perfarmance of their functions;

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

(g) Establish a strong and empawered 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, a with recovery and a strategy at 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
non-government stakeholders such as civil society organizations, private groups,
volunteers, and communities in disaster resilience programs and projects;

(i) 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 adjustinent 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 Asbisting international or domestic actor following a disaster
in the country;

(©) Assisting domestic actor refers to any not-for-profit entity established under domestic

laws, which is extending help following a disaster in the country;


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(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 disdster in another country;

(©) 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;

(f) 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 incident;

(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 (CSOs) refer to non-State actors whose aims are neither to
generate profits nor to seek governing power, but to unite people to advance shared goals
and interests. CSOs may include nongovernment organizations (NGOs), professional
associations, foundations, independent research institutions, community-based
organizations, and social movements;

(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 tefers 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 a:

istance
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;

(0) 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. 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;

(0) 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. Dis

ster response is predominantly focused on immediate and short-


term needs and is sometimes called “disaster relief”;

(2) 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;

(ce) 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, of reduction of existing, disaster

risks and the management of residual risk, to enhance resilience to di

ters;

(ff) 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;

(uh) 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,


1 such as soil degradation, deforestation, loss of biodiversity, salinization and sea-level

2 rise;
3 (i) Exposure refers to the situation of people, infrastructure, housing, production capacities
4 and other tangible human assets located in hazard-prone areas;
5 (kk) Framework Agreement shall refer to a written agreement between a procuring entity and
6 a supplier or service provider that identifies the terms and conditions, under which
7 specific purchases, are made for the duration of the agreement. The Framework
8 Agreement is in the nature ofan option contract between the procuring entity and the
9 bidder(s) granting the procuring entity the option to either place an order for any of the
10 goods or services identified in the Framework Agreement List or buy or not buy at all,
ul within the period of the Framework Agreement.
12 (I) Geological or geophysical hazards refer to hazards which originate from internal earth
13 processes, such as earthquakes, volcanic activities and emissions, and related
14 geophysical processes which jnclude mass movements, landslides, rockslides, surface
Is collapses and debris or mud flows. Hydrometeorological factors are important
16 contributors to some of these processes. While tsunamis are triggered by undersea
7 earthquakes and other geologigal events, they essentially become an oceanic process that
18 is manifested as a coastal water-related hazards;
19 (mm) — Geographic information system refers to a database which contains, among others,
20 geo-hazard assessments, information on climate change, and climate risk reduction and
a management;
2 (nn) Geographically isolated and disadvantaged area (GIDA) refers to an area with a
23 marginalized population, which is physically and socio-economically separated from
24 the mainstream society and characterized by physical factor such as isolated due to
25 distance, weather conditions arld transportation difficulties due to island, upland lowland,
26 landlocked, hard to reach and underserved communities; and/or socio-economic factors
27 such as high poverty incidence, presence of vulnerable sector, communities in or
28 recovering from a situation of ¢risis or armed conflict;
29 (00) Hazard refers to a phenomenon, substance, human activity, or condition that may cause
30 loss of life, injury or impacts to health; and social and economic disruption,
31 environmental damage, or loss of or disruption to property, livelihood and/or services;
32 (pp) Historical landmarks refer to sites or structures that are associated with events or
33 achievements significant to Philippine history as declared by the National Historical
34 Institute or the applicable agency;
35 (qq) Human-induced disasters refer to disasters induced entirely or predominantly by
36 human activities or choices, such as ideologically motivated conflict or criminality;
37 (tr) Humanitarian assistance refers to financial, material or other similar forms of assistance

38 to address the immediate needs of people affected by a natural disaster;


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(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;

(uu) 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 (LGU) 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;

(yy) 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 ina


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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 Djsaster Risk Reduction and Management Framework
(NDRRMBP), and National Framework Strategy on Climate Change (NFSCC);

(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 extra-terrestrial 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, re-use, 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”;

(cee) 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 thé 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;


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(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 ot
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;

(iii) 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 teinforcing or upgrading existing structures to make them
more resistant and resilient to the damaging effects of hazards;

(ill) Risk refers to the combination of the probability of an event and its negative
consequences;

(mmm) Risk assessment refers to it 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;

(nnn) Risk transfer refers to the process of formally or informally shifting the financial
consequences of particular rigks from one party to another whereby a household,
community, enterprise or State authority will obtain resources from the other party after

adis

ster 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;


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(ppp) State of Calamity refers to & 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 pf the occurrence of natural or human-induced hazard;

(4qq) 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;

(rt) 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, ¢conomic, and environmental factors such as poor design
and construction of buildings, inadequate protection of assets, lack of public information
and awareness, limited officidl 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 si

iety toward climate

change adaptation and mitigation, and disaster risk reduction and management at the
national and local levels;

(vv) 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 a government, civil society, private sector, and the
communities.

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

10


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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 management 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 cdmmunities. 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 ostillation
2) Volcanic activity ~ ash fal, 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) EI Nilfo or La Nifia (ENSO) 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)

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(d) Biological and Related Hazards
1) Epidemic / Pandemic - viral, bacterial, parasitic, fungal, prion infectious diseases
2) Insect Infestation ~ grasshapper/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, CSOs, 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 stakcholders 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 non-

government stakeholders:
(a) General Functions

1) Conduct risk and vulnerability assessment at the local level based on the national
criteria, and establish a database that includes, among others, an inventory of hazards
to better prepare for and respond to natural disasters;

2) Undertake the establishment or construction of evacuation centers that conform to the standards
under the United Nations (UN) Humanitarian Charter and Minimum Standards in Humanitarian
Response or The Sphere Minimum Standards for Shelter and Settlement, and Republic Act No.
10821, otherwise known as the “Children’s Emergency Relief and Protection Act”, among
others, The upkeep and maintenance of the evacuation centers shall be the responsibility of the
concerned LGUs;

3) Develop, maintain and update an integrated disaster management and disaster resilience
information system that includes, among others, multi-hazard mapping, vulnerability
and probabilistic risk assessments, early warning, exposure database, communication
and emergency management systems at the national, regional, and provincial levels;

4) Undertake the formulation and implementation of the government's policies, plans,
programs, projects, and budget for disaster resilience including those related to
disaster risk reduction, response, recovery, rehabilitation, and building forward better;

5) Review and build upon, to the extent necessary, the existing disaster resilience

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framework, plans and strategies in the crafting of an NDRF and the corresponding
NDRPIP;

6) Oversee, review, and approve the translation, integration, and implementation of the
NDRPIP into LDRPs;

7) Facilitate the availability of highly competent DRR professionals at all levels and
prescribe benefits, allowances, and similar emoluments for DRR professionals, as it
may deem fit;

8) Communicate and disseminate critical information to help the public prepare for,
respond to, and recover from a disaster;

9) Receive, manage, administer and control all the funds, assets and properties received
by the Department to accomplish the purposes of this Act;

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

11) Advise the President on matters concerning disaster resilience and make
recommendations, as appropriate;

12) Advance the country’s intetests relating to disaster resilience in the regional and global
arena;

13) Collaborate with any government entity to help ensure the attainment of the goals and
objectives of this Act; and

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 regianal 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 relite 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,

LGUs, or other government institutions;

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4) Establish or enhance standards for disaster preparedness and continuity planning, such
as on infrastructure standatds 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 pf 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 engure 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 elimate 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;

11) 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 mpnitor efforts relating to certain resources or sectors toward
addressing the long-term effects of climate change on sustainable development, such
‘as water resources, agricukure, forestry, coastal and marine resources, health, and

infrastructure,

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 envifonment 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

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government agencies, that ¢onsider 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 Insrance 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 collabdrate with the relevant government instrumentalities, non-
government stakeholders, and international partners in providing the minimum basic needs of
people in affected areas before, during and/or immediately after a disaster to save lives and
minimize casualties;

2) 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 LGUs with low income or those situated in high-risk
areas;

4) Ensure the efficient prepositianing of goods, maintenance and disposal of safety stocks;

5) Accredit, monitor, and evaluate training institutions on disaster resilience;

6) Regulate the accreditation of Honors, volunteers, and assisting non-government stakeholders,
both domestic and internationil;

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

8) Develop a database of expospre 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 and/or for the delivery

of DRRM programs, projects and activities;
11) Oversee and maintain a national early-warning and emergency alert system that must provide
aspecific, areas-focused and time-bound warning that are accurate, timely, understandable and

readily accessible to nation

nd 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 non-government and civic

organizations for assistance jn 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

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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 felief, rescue, retrieval and management of dead and mi

ng
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 fo call upon the AFP and PNP to render the necessary assistance
in a disaster-affected area by {he 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), Nafional Service Training Program (NSTP), reservists, and other
socio- civie 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

1) 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 ¢apacity of the Department to conduct accurate and timely
impact and needs assessmett;

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-dis

ter shelter recovery which may include,
among others, implementation arrangements, coordination arrangements with relevant

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2)

agencies and LGUs, and modalities for emergency transitional and permanent shelter
recovery;

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)

2)

4)

5)

6)

Constitute, call, convene of deputize agencies of government, and invite non-
government and private grganizations, to assist, advise, or coordinate with the
Department to achieve the purposes of this Act;

Inspect and examine the status of projects, programs, and activities undertaken by
national government agengies and local government units in furtherance of disaster
resilience efforts;

Save lives and/or minimize damages to livelihood and property, complement and
collaborate with relevant government agencies and non-government stakeholders in
providing humanitarian response and the consequence management of ——-human-
induced disasters whenever it becomes necessary;

Negotiate, enter into, institutionalize, and coordinate arrangements with any private
person of entity for the putpose of ensuring the adequate and prompt availability of
goods and services necessary in anticipation of, during, and in the aftermath of
disasters;

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 disaster
Create or reorganize offices and/or task forces, as may be necessary to carry out the

objectives of this Act; and

7) Perform such other functions, as may be necessary, for the attainment of the objectives
of this Act.
Article II
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:

1) 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

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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 yulnerable 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 consjdered as an emergency measure of last resort that may be
undertaken in anticipation of or during a (lisaster 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 fo natural hazards and climate change, and demonstrated
managerial acumen.

SEC. 9. Powers and Functions of the Secretary. ~ The Secretary shall have the following

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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;

4d) Manage the financial, human and other resources of the Department;

©) Appoint and designate officers and employees of the Department, excluding those

requiring presidential appointment as provided for by law;
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;

g) Collaborate with other government agencies, the private sector, and civil society

organizations on the policies, programs, projects, and activities of the Department, as

may be necessary;

h) Advise the President on the promulgation of executive and administrative orders, and

d

the formulation of regulatory and legislative proposals on matters pertaining to disaster
resilience;

Represent the Philippines dnd 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 abjectives 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)

b)

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;

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 polic


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programs for disaster risk reduction and climate change adaptation in, among others, the
NDRF and the NDRPIP;

©) 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, guch as, but not limited to, post-disaster shelters
and livelihood projects, in collaboration with relevant agencies, LGUs, and other
stakeholders.

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 Dis

ter Operations Center
(NDOC), Alternative Command and Control Center (ACCCs) as may be necessary in each of the
country’s major island groups, and the Digaster Resilience Research and Training Institute (DRRTI).

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

The NDOC 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.

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SEC. 15. DRRTI Functions and Inter-Agency Knowledge Sharing. - The DRRTI 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

(IDRIS), 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 CSOs to
enhance the IDRIS and to promote knowledge sharing among all _ stakeholders;

e) Conduct dis

ster-related research programs, seminars, and trainings for all types of
stakeholders;

£) Consolidate, organize and/or prepare training materials and publications; and

2) 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 DRRT!’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 Depaitment 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

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establish an LDRO at the provincial, city, and municipal levels. 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 shail 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 (he 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) shalll 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;

(a) Recommend to the local Sanggunian the enactment of local ordinances to implement the
LDRP, NDRF and NDRPIP at the city or municipal level, and to comply with other

requirements of this Act;

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(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;

(8) Establish and maintain, in cootdination with the Department, an information management
system within the LGU which, among others, consolidates and includes local risk
information on natural hazards, profile of the LGU’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 centets;

(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 publi

(h) Organize and conduct training and knowledge management activities on disaster resilience
at the local level, in coordination with the DRRTI;

(i) 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 and 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 LGU and its partner LGUs,
CSOs, 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 LGUs 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

(PDRO) shall be headed and managed by a Provincial Disaster Resilience Officer with regular
plantilla position

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SEC. 24. Powers and Functions of the PDRO. - The PDRO shalll 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 nécessary, to ensure compliance with the Provincial LDRP
and/or the NDRF and NDRPIP;

(0) 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;

(d) Prepare and submit to the Sangguniang Pantalawigan, 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 Sangguniaig 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 on 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 PDRO 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;

(j) 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 nedessary support or assistance to the Department in the

implementation of rehabilitation plan(s) within the cities and/or municipalities covered by

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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 NCR 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 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 PDROs to implement their respective LDROs and PDROs;

() 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;

(a) Review reports on the utilization of the LDRF and other disaster risk reduction and
management resources of LGUs within its jurisdiction, and give recommendations, as
necessary;

(€) Disburse to, and monitor the use by, LGUs of Supplemental LDRF as granted by the
Department pursuant to this Act and its IRR;

(f) Provide, upon the request of LGUs or unilaterally at its own discretion, assistance to
LGU(s) within its jurisdiction ps 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;

(i) Formulate and establish mechanisms to mobilize and direct LDROs and PDROs within its

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

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(j) Establish and maintain, in coordination with the Department, a Regional Command and
Control Center (RCC) which ijeludes, 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

this Act.

procedures of the Department and applicable laws, to achieve the purposes of

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 shail be exercised at the local and national level

in collaboration with the relevant departments and agencies, as

LEVELS OF
RESPONSIBILITY

RESPONSIBLE OFFICIALS:

CONDITIONS

| Level I — City or Municipality

“Mayor of the City / Municipality
(Lead) |

Local Digaster Resilience Office

(In the case of BARMM:
Municipal / City Mayor and
BARMM Local Disaster
Resilience Office)

Tha disaster affects a single

municipality / city

Level 2 — Province

Governor (Lead)

Provincial Disaster Resilience
of

Applicable Local Disaster
Resilience Offices,

(In the case of BARMM:
Provincia! Governor and BARMM

Local Digaster Resilience Office/s)

Tha disaster affects two or more

municipalities / cities

Level 3— Region

Regional Director of the
Regional Office
(RO) (Léad)

Ifa disaster affects two or more

provinces and/or independent
component or highly urbanized

cities

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Car Auneron

‘Applicable Governors

Applicable Provincial Disaster
Resilience
Offices,

(In the gase of BARMM
Regiongl Governor and ARMM.
Local Disaster Resilience
Office/s)

(In the case of Metro Manila:

MMDA Chair)
Level 4— National Secretaiy of the Department of | a. When a state of calamily is
Disaster Resilience (Lead) declared by the President

During a state of calamity in
any area(s) or affecting several

y areals) MESSNER" | Governors of the affected | b. Ifa disaster affects at least

regions . .
Provinces two (2) regions

cc. 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 his/her
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

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infrastructure-related rehabilitation and feconstruction 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

ance in the BARMM during times of natural disasters.
| Article VI
WHOLE OF GOVERNMENT, WHOLE OF NATION, AND 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 IDRIS 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 CSOs, 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 stakeholder

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 (MSCU) 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;

(c) 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

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other non-government 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 televant 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, non-governmental organizations, international _ non-governmental
organizations, private sector, DRRM practitioners, and volunteers shall participate, in
collaboration with public institutions, in the exchange of information, learnings, and

guidance on di

ister 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 resiljence trainings and information _ dissemination;

(c) Senior citizens and persons with disabilities shall contribute their knowledge and
experience on disaster preparedness and resiliency;

(@) Migrants and the urban and rutal poor shall participate in building resilient resettlement
communities;

(e) 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;

(1) Academia, scientific and research entities, and networks are encouraged to undertake
relevant research on disaster Fesiliency 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 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
censure the proactive engagement of diffefent stakeholders, such as_ government agencies, the Union

of Local Authorities of the Philippines (ULAP), League of Cities of the Philippines (LCP), League

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of Municipalities of the Philippines (LMP), CSOs, NGOs, academe, DRRM practitioners, and the
private sector, to ensure and foster ¢oordination 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, CSOs, schools, hospitals, and other stakeholders in promoting and implementing
significant disaster risk reduction management-climate change adaptation programs and
innovations, and meritorious acts of individuals, groups or institutions during natural disasters
subject to existing laws, rules and regulations.

Article VI
PREPAREDNESS AND INTEGRATED EARLY WARNING
SEC. 39. Standards for Disaster Preparedness Acti

establish standards and protocols for di

ies. — (a) The Department shall

ster 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 ani strategic sites, and establish evacuation centers with
appropriate and adequate facilities in aceordance 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.

(c) The concerned LGUs shall immediately compensate schools used as evacuation centers.
The schools used as evacuation centers may seek compensation for renovation, replacement, or
repairs of damaged facilities for such us¢.

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 orgahizations, and other non-governmental 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.

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(b) The Department at the national and local level shall use an integrated early warning system
to ensure it is consistent and locally gontextualized 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

carly warning systems and allow open aécess 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 VII
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
jocal or international sources.

(b) The importation by, and lacceptance 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 Burgau 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, recbgnition of foreign professional qualifications, entry of

international disaster goods and equipmient, and exemption from port duties, taxes, and restrictions.

SEC, 44. Assessment of the Need for International HumanitarianAssistance. — (a)
Immediately after the declaration of al 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 isnminent disaster.

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(b) In the event of a determination by the Department that domestic response capacities are

not likely to be sufficient due to the impact of the disaster, the Department shall recommend to the

President that a request be made for international humanitarian assistance.
(c) A determination that domestic capacities are likely to be sufficient and that international
humanitarian assistance is therefore unnecessary may be reviewed and rescinded by the
Department, with the approval of the President, at any time, in light of prevailing circumstances
and available information.
SEC. 45. Humanitarian Assistance Action Center. ~The Department shall create an inter-

tance Action Center (HAAC) for

ageney one-stop shop mechanism called the Humanitarian As
the processing and release of entry and facilitation of goods, articles or equipment and services and
international relief workers for the prbvision of international humanitarian assistance and the
processing of necessary documents for assisting international actors.
‘The Department shall lead and rhanage 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;
(©) Food and Drug Administration;
() Department of Agriculture;
(g) Department of Energy;
(h) Department of National Defdnse;
(i) Philippine National Police; |
@) Philippine Coast Guard; |
(k) Department of Transportation;

(1) 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 arfd multilateral conventions, for assistance in preparedness,
including preemptive measures, search, fescue, and retrieval, relief, recovery, _and reconstruction,

(b) The President may request international humanitarian assistance, upon the advice of the

Secretary. Such request may be specifigally 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 platforn, including an online platform, to facilitate, and provide

public access to information on donations.

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(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 calamitigs 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 shal] have the authority to provide humanitarian relief in the
consequence management of human-indliced emergencies such as acts of terorism, 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 coordination with the DFA, may
offer, facilitate, provide, and deploy intérnational humanitarian assistance to said foreign

State, which shall be subject to guidelings 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 tobe 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 repefcussions 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

(4) The declaration of a state of galamity 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 pny or all of the following remedial measures:

(a) Imposition of price ceiling oh basic necessities and prime commodities by the President

upon the recommendation of the implementing agency as provided for under Republic
Act No. 7581, otherwise kndwn as the “Price Act”, ot the National Price Coordinating

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Council; |
(b) Monitoring, prevention and control by the Local Price Coordination Council of
overpricing or profiteering arid 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. |

(d) Use of alternative methods of procurement under Article XVI of Republic Act (RA) No
9184, otherwise known as thy “Government Procurement Reform Act”, its implementing
rules and regulations (IRR) dnd 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 fo disasters, and _build forward better.

le XI

| RECOVERY
SEC. $4, 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;
(c) Redirect development outside danger zones to minimize loss of lives and structures
resulting from typhoons, floading, landslides, and other hazards
(d) Employ outcome-driven plarining and implementation;
(©) Maximize use of private-public sector partnership where possible;
(f) Consider local conditions suth as culture, security situation and existing capacities of
communities in identifying programs and projects;
(g) Ensure access to public transport, physical and mental health services, markets,
schools, sustainable livelihobds, and other public services in planning for settlement
areas; and |
(h) Ensure restoration of peace ad order and recovery of government functions.
Article XI
FUNDS AND RESOURCES
SEC. 55. Fund Regulations. - the DBM and COA shall establish rules and regulations to
ensure that funds required for disaster fesponse, recovery, and rehabilitation are available and/or
released efficiently and expeditiously through innovative budgeting and auditing mechanisms.
SEC. 56. Local Disaster Resilience Fund and Local Disaster Contingency Fund. - LGUs

shall annually set aside not less than fiye-pereent 45%) ten percent (10 %) of their local budget, to
|
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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 (LIDCF) which shall be used for disaster response and quick
recovery measures,

Nothing contained in this Act shall prevent LGUs from providing additional funding or
allocating additional resources for disaster resilience activities, plans and programs within their
jurisdiction |

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

SEC. 58. 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

LGUs, and equip vulnerable LGU communities against the impacts of climate change

facilitate its utilization by LGUs, roah ROs, to implement climate change adaptation projects of

SEC. 59. 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. 60. 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 fot 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 widen 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. 61. 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
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| a
donations, which are consistent with the rules on the use of foreign and local aid during calamities

and disasters issued by COA and other relevant government agencies.
| Article XII
SPECIAL RULES ON BORROWING, TAXES,
ECOZONES AND PROCUREMENT
SEC. 62. Rules on Borrowing. -/The LGUs shall coordinate with the DOP, Bangko Sentral

ng Pilipinas (BSP), and other relevant agencies to access foreign loans to implement disaster

prevention, mitigation, carly recovery) and rehabilitation measures at the provincial, city, or
municipal level |
SEC. 63. Special Rules on Tax dnd Duties. - To facilitate prompt and efficient response to,

and/or recovery from disasters, the following shall be granted special exemptions from existing

|
(a) Foreign disaster assistance of international donations coursed through the Department

taxation laws, rules, and regulatio

shall be exempted from taxes hind import duties;

(b) Local disaster assistance shal] 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

(d) 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. 64. Custom 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. 65. Economic Recovery and Development of Disaster-Prone Areas. - (a) The
Department, in coordination with the Department of Trade and Industry (DT) 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, classrdoms, and water harvesting tanks to develop and promote

investments in affected or disaster-pron¢ areas.

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SEC. 66. Procurement. — The Department, ROs, or LGUs may resort to any of the Alternative

Methods of Procurement provided in RA No. 9184, including Negotiated Procurement (Emergency
Cases) under Sections 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 esserfce arising from natural or man-made calamities; and
©) Other causes where immediate ation is

i, To prevent damage to or joss of life or property, or

ii. Restore vital public servites, infrastructure facilites and other public lites.

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. 67. 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 PPB. |

SEC. 68. Special Rules on Procurement for Reconstruction and Rehabilitation of Affected
Areas. ~ (a) The GPPB shall create spe¢ial 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-djsaster shelters and provision of service contracts, to ensure

the procurement of quality-oriented gooils, materials,

and equipment and to guarantee effective,

efficient, and speedy procurement to achieve the goals of this Act.

(b) In case of procurement of services, goods, or materials for reconstruction and rehabilitation
efforts, whether from local or internatignal sources, the Department and the relevant government
agencies shall provide less bureaucratic restrictions, or exemption from, _or reduction of, customs

duties.

SEC. 69. 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. 70. Framework Agreements. - The Department shall have authority to enter into
Framework Agreements for the purpost of, among others, establishing a logistics system for the
efficient and prompt distribution of goods, equipment or other materials required for disaster

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response and management; securing food, medicines, fuel, or other supplies from groceries,
pharmacies, gas stations or other sourcds in the event of a disaster in a specific area; ensuring an
alternative source of power or water fromh private utilities in the event of a disaster in a specific area;
or other arranging the immediate supply of other goods, services or equipment necessary for
disaster response and management. The conditions, limitations and parameters of contracts or

arrangements authorized under this Section shall be provided in RA No. 9184 and its 2016 IRR

SEC. 71. Other Procurement Rules and Policies. — In view of the urgency and avoid
unnecessary delays to procure goods, setvices, and implement projects for the purpose of providing
responsive, effective, and efficient me recovery, relief, and rehabilitation efforts for, and to
continue the provision of basie services {o, disaster victims or disaster affected areas, the GPPB
shall issue appropriate resolutions, ordets, and policies to effectively _ implement the provisions of
this Act. |

| Article XIV
DISASTER RISK TRANSFER AND INSURANCE
SEC. 72. Mandated Insuranc4 Coverage, - To attain disaster resilience and achieve the
purposes of this Act, the Department shall have the diseretion and authority to require government
agencies, government-owned and contrglled corporations (GOCCs), or LGUs to insure their assets
and/or properties such as, among otheks, 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, of loss of, properties due to a natural disaster.
| Article XV
YOUTH ASSISTANCE AND PARTICIPATION
SEC. 73. Youth Organizations. ; The Department, with the assistance of the National Youth
Commission (NYC), shall create policids, projects, and programs that address the special needs of
the youth for disaster preparedness and gnanagement which shall include, among others:

(a) Supporting youth-oriented pie- and post-disaster activities;

(b) Conducting disaster risk trhining 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 organizatidns; and

(@) Encouraging the participation of the youth, through the barangay youth representative
and the Sangguniang Kabathan (SK) to participate in disaster resilience and disaster
management activities. |

SEC-14. 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. |

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(b) The Department, in collabofation with the Department of Education (DepEd), the
Technical Education and Skills Development Authority (TESDA) and other relevant agencies, shall

integrate disaster risk and disaster resilic

nce education in the school curriculum,

SEC. 75. 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.

SEC. 76. Prohibited Acts. - An!
commits any of the following prohibitet
and administrative penalties as provi

imposition of other criminal, civil and ac

|
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| Article XVI

‘D ACTS AND PENALTIES.

public official, private person, group or corporation who

PROHIBIT

acts shall be held liable and be subjected to the criminal
for in Section 70 of this Act, without prejudice to the

iministrative liabilities under existing laws.

(a) Prohibited Acts of Public Officials. The following acts, if committed by public officials

1

2)

3)
4

without justifiable cause, shall bé considered as gross neglect of duty:

Dereliction of duty which leads to destruction, loss of lives, critical damage of facilities
and misuse of funds; |
Failure to enforce laws, standaids, 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;

Failure to expeditiously act on|reported violations;

Failure to create LDRO(s) of PDRO(s) and appoint a permanent Local or Provincial
Disaster Resilience Officer within six (6) months from the approval of this Act;

Failure to prepare and implement an LDRP or PDRP, as applicable or a contingency plan

for hazards frequently occurri
(b) Prohibited Acts of Public Offici:
1) Delaying without justifiable

1g within their jurisdiction

Is and Private Persons or Institutions.
\

[cause the delivery of aid commodities, their improper

handling or storage, resulting to damage or spoilage;

2)

(b) discrimination based on
circumstances;
3)

appropriate technology, tools,
4)

Withholding the distribution o}

Preventing the entry and distr

Buying, for consumption or} resale, from dis

relief goods due to (a) political or partisan considerations;
face, ethnicity, religion, or gender; and (c) other similar
|

bution of relief goods in disaster-stricken areas, including

-quipment, accessories, disaster teams or experts;

ster 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 commadities received by them;

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following: |

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 df 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 cdnsigned 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
re

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 upion 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 contajners actually came from another agency or person or was

released upon the instance ofa 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) Ilegal solicitating 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. 77. Penalties. - Any individual, corporation, partnership, association or other juridical

entity that commits any of the prohibite! acts in the preceding Section shall be made liable for the

(@) A fine of not less than One hundfed 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 cour,
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,

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association or entity responsible! for the violation without prejudice to the cancellation or
revocation of the license or acereitation 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. |
(©) If the offender is a public officer, the offense shall also be punishable by administrative
suspension of six (6) months ahd one (1) day to one (1) year for the first offense, and
dismissal from the service for th 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 ljabilites under other existing laws.

SEC-78, 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 Ios 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. 79. Disciplinary Powers of the President. - The President, upon the recommendation of
the Department Secretary, shall impose fdministrative 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 {o their official functions which adversely affect disaster
resilience projects such as delayed issuance of permits or failure to implement local ordinances.

| Article XVIT
SPECIAL COURTS AND INJUNCTIONS
SEC. 80. 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 govgrnment’s policies, plans, programs, projects and budge
related to the NDRPIP, LDRP, PDRP, other disaster resilience activities, or pursuant to
the provisions of this Act; |
(b) Construction of new setlenjents, 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;

(4) Failure to comply with standards for disaster preparedness and continuity planning,

| 41


including, but not limited to infrastructure standards and designs;
(e) Declaration of state of calamity under Article X of this Act;

(f) 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
i

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 ofthis Act;

(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. 81. 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, yolunteers, and Assisting Domestic or International Actors;

(b) Decisions of the ROs;

(©) Contracts entered into by the Department or any of its agents pursuant to the provisions
of this Act; |
(d) Other administrative matters or issues as may be determined by the Department.

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

SEC. 82. Special Prosecutors, - The Ombudsman shall designate special prosecutors to
handle and prosecute violations of this Act involving public officials and employees.

SEC. 83. 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 XVI
FINAL PROVISIONS
SEC. 84, Transfer. — |
a) The disaster risk reduction ahd management powers, functions, assets, personnel, fund

and appropriations of the Orfice 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 nd 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 Managemept Bureau and the National Resource and Logistics

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Management Bureau under t
©) The NDRRMC is hereby abs

The DILG, DND, DSWD, and
AFP, BFP, PNP, PCG, and OCD, s

consequence management of human-in

The Department shall, by virtue o|

DSWD, are hereby transferred to the Department.
lished.

jther relevant government instrumentalities, including the
ll continue to perform their functions related to the
luced disasters, as provided for by existing laws.

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 neces

sary, 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 a

cordance with the Auditing Code and other pertinent laws,

|
rules, and regulations. |

SEC. 85. 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 im

lement a convergence mechanism to facilitate coordination
on the following areas: |
8) 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;
©) Development and implemgntation 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,

¢) Development of knowledge exchange platforms and implementation of information,

education, and communicatipn program, including good practices on Climate Change
Adaptation and Disaster Risk Reduction.

SEC. 86. Transitory Provision. - The transfer of functions, assets, funds, equipment,
properties, transactions, and personne! 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, Thal, after the abolition of the agencies as specified in Section
77 of this Act, the Department, in coortlination with the DBM, shall evaluate, abolish old and/or
create new positions.

SEC. 87. Inter-Departmental |Relations and Coordination. - The Department. shall

continuously call upon the following Departments and agencies: (a) DOST over the Philippine

43


Atmospheric, Geophysical and Astrono}

ical Services Administration (PAGASA) and Philippine

Institute of Volcanology and Scismdlogy (PHIVOLCS); (b) DENR over the Geo-Hazard

Assessment and Engineering Geology Section of the Mines and Geosciences Bureau (MGB), (c)

DOH over the Health Emergency Mana;

ement Bureau (HEMB), and (d) DILG over the Bureau of

Fire and Protection: Provided, That I)DR and these departments shall establish systems and

protocols for fostering, inter-departmet
sharing of data, information technology,

others: Provided, further, That the said

tal relations and close coordination, through sustained

; facilities and other resources critical to the DRR, among

gencies 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 cir

umstances warrant in the aftermath of emergencies and

disasters: Provided, finally, That PAGASA, PHIVOLCS and the Geohazards Unit of the MGB shall

provide staff augmentations to DDR Operations Centre as need arises,

SEC. 88. Transfer of Resources, - The transfer of powers and functions of agencies listed

in Section 77 shall include the corresponding funds and appropriations, plantilla positions, records,

equipment, facilities, and properties of

uch 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. 89. Program Management Office for the Earthquake Resiliency of the Greater

Metro Manila Area. - The Progra
of the Greater Metro Manila Area
No. 52, s. 2018, shall be transferred to
Secretary and shall continue to exercise

SEC. 90. Post-Disaster Shelters,
recovery policy framework for low-inc
appropriate housing agencies and the
appropriate shelter modalities depend}

temporary or transitional, and perman

Management Office for the Earthquake Resiliency
(PMOERG), as created pursuant to Executive Order
|the Department under the supervision and control of the
is mandated functions.

- The Department shall establish a post-disaster shelter
}me or informal settler families, with the assistance of the
concerned LGUs. It shall, among others, determine the
ing on the following post-disaster phases: emergency,

|
int. The Department shall likewise identify, assess, and

designate safe zones where the approprite shelters shall be built.

SEC. 91. Cultural Heritage. - Ti
cultural heritage, the Department shall d
LGUs to give priority protection and

port A |
historical landmarks, sites, or monument

SEC. 92. Indigenous People. - (a!

protect, preserve, and promote the nation’s historical and
sist the appropriate cultural agencies and the appropriate
|restoration to all national cultural treasures or national

in post-disaster recovery or rehabilitation measures.

} 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 protectida 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

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and recognize the customary laws and {i ditional resource use and management, knowledge, and
practices in ancestral domains. |

(c) In ancestral domains which ar¢ 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 land, as much as possible, engage such ICCs or IPs in jointly
formulating a disaster resiliency plan for their ancestral domain,

SEC. 93. 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. 94, 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 propeity in the event of an anticipated natural disaster.

SEC. 95. Magna Carta Benefits.|— Qualified employees of the Department including those
of its attached agencies, shall be coveréd 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 Govetnment”; Republic Act No. 7305, otherwise known as the
“Magna Carta of Public Health Workets”; and Republic Act No. 9433, otherwise known as the
“Magna Carta for Social Workers”. |

SEC. 96. 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. 97. Separation of 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 gntitled 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,

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

Employees who shall be displace or separated as aresult 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.

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SEC. 98. 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. Thereaftet, 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. 99. Implementing Rules and Regulations. - The Department, DBM, GPPB, DND,
DOF, DILG, DOST, NEDA, DSWD, GSC, and the Career Executive Service Board (CESB), the
House and Senate Committees on Government Reorganization, and representatives from relevant
government agencies, academe, business sector, non-government 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. 100. Joint Congressional Oversight Committee on Disaster Resilience. ~ There shall
be created a Joint Congressional Ovetsight 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 $hall be jointly chaired by a Members of the House of
Representatives and a Senator designatéd 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 personniel under secondment from the Senate and the House of

Representatives and may retain consultants.

SEC. 101. 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 Aét, as well as the performance, and organizational structure
of the Department, for purposes of determining remedial legislation.

SEC. 102, Interpretation. - Any {loubt in the interpretation of any provision of this Act shall
be resolved in favor of a liberal interpretjtion that will fulfil the objectives ofthis Act, especially in
relation to the provision of effective, efficient and timely disaster response, rehabilitation and
recovery.

SEC. 103. 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. 104. Repealing Clause. ~The provisions of Republic Act No. 10121, otherwise known
as the “Philippine Disaster Risk reductign and Management Act of 2010”; 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 1995”; and all other laws, decrees, executive orders,

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when

proclamations and other executive issuances, which are not consistent with or contrary to the
provisions of this Act, are hereby repealed or amended

SEC. 105, Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of geheral circulation.

Approved, |

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