FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

H.B.No._3528

Introduced by Representative Lorenzo R. Tafiada Ill

EXPLANATORY NOTE

The scientific community has overwhelmingly concluded that climate
change poses grave risks to the long-term well-being of developing couniries
such as the Philippines. Today, it is a recognized fact that the impacts of the
climate crisis will fall disproportionately on peoples that have coniributed
least to the global menace.

The Philippines is particularly vulnerable to climate change not just because
of its distinct national circumstances but because of the disorder by which
the country has largely responded to the climate crisis. For this reason,
Congress enacted R.A. 9729, otherwise known as the "Climate Change Act of
2009", to enable governmeni fo consolidate and coordinate its efforts and to.
mobilize different sectors of society to confront the growing risks posed by
climate change. Among other provisions, the law established the Climate
Change Commission to lead the country’s response to the increasing severity
and frequency of impacts due fo warming temperatures worldwide.

It is not enough, however, to name the problem or create a body that can
coordinate the country’s plan of action with respect to the climate crisis. To
accomplish the objectives of the law, long-term, predictable and transparent
sources of finance need to be established, based on nationally accepted
fiduciary standards yet accessible to communities most vuinerable to climatic
impacts. Unclear provisions in the law also need to be re-formulated to
ensure that the Commission plays the coordinative, capacity-building
leadership role envisioned by R.A. 9729, particularly with regard to harnessing
government and non-government expertise, leveraging and managing
climate change-related finance, and directing urgently needed monies
towards adaptation programs that can make locai governments and
communities more resilient in ine face of the climate crisis.

At present, more funds have come into the country for mitigation efforts
instead of adaptation programs and projects. Worse, finance for adaptation
activities have come in the form of loans. Consistent with ihe position


championed by the Philippines abroad, which calls for climate finance to be
Channeled towards vulnerable countries and communities not as charity or
aid but as compensation, arresting the govemance chaos prevailing over
the administration of climate finance that has already entered national
coffers is urgent. National priorities must be reflected coherently and
consistently in terms of the scale, sources and uses of finance leveraged from
abroad and mobilized domestically.

In full support of the country’s commitment to defend the interests of
vulnerable peoples from the ravages of climate change, this legislative
initiative seeks to establish the People's Survival Fund to directly support the
adaptation action plans of local government units and communities, The
Fund shall be taken from different sources including but not limited to the
following: (a) part of the cash dividends declared by all Government-Owned
‘and Controlled Corporations; (b) a portion of the Certified Emission
Reduction units eared under the UN-instituted Clean Development
Mechanism and other domestic transactions utlizing the international carbon
market; and (c) a portion of the Motor Vehicle User's Charge. The Fund shall
be used to support different programs and projects for climate change
adaptation as stated in our national goals, in keeping with nationally
accepted public accountability standards.

The establishment of the Fund, the creation of the People's Survival Fund
Board for its administration and institutional measures, and the other
amendments to R.A. 9729, are geared towards the observance of necessary
coordination and collaboration that hamesses the immense expertise
inherent in other government agencies and which will provide offices,
particularly local government units and communities, with the policy
framework most relevant to efforts to address climate change. All resources
and power borne out of such duties, therefore, is expected to be utilized in
the most efficient, effective and transparent manner in keeping with public
interest.

In view of the foregoing, early approval of this bill is earnestly sought.

R Teeter
Lol 10 R. TANADA IIT
Rey sentative

4m District, Quezon


FIFTEENTH CONGRESS OFTHE =)
REPUBLIC OF THE PHILIPPINES)
First Regular Session )
House of Representatives

H.B.No.__3528

Introduced by Representative Lorenzo R. Tafiada Ill

AN ACT
ESTABLISHING THE PEOPLE'S SURVIVAL FUND TO PROVIDE LONG-TERM FINANCE STREAMS TO
ENABLE THE GOVERNMENT TO EFFECTIVELY ADDRESS THE PROBLEM OF CLIMATE CHANGE,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9729, OTHERWISE KNOWN AS “THE CLIMATE
CHANGE ACT OF 2009", AND FOR OTHER PURPOSES.

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

SECTION 1. Section 2 of Republic Act No. 9729 otherwise known as the “Climate
Change Act of 2009", is hereby amended to read as follows:

“TITLE!
PRELIMINARY PROVISIONS

"SEC. 2. Declaration of Policy. - It is the policy of the State to afford full
protection and the advancement of the right of the people to a healthful
ecology in accord with the rhythm and harmony of nature. In this light, the State
has adopted the Philippine Agenda 21 framework which espouses sustainable
development, to fulfil human needs while maintaining the quality of the natural
environment for current and future generations.

“Towards this end, the State adopts the principle of protecting the climate
system) for the benefit of humankind, on the basis of climate justice or common
but differentiated responsibilities and the Precautionary Principle to guide
decision-making in climate management. As a party to the United Nations
Framework Convention on ite Change, the State adopts the ultimate
objective of the Convention which is the stabilization of greenhouse gas
concentrations in the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system which should be achieved
within a time frame sufficient to allow ecosystems to adapt naturally to climate
change, to ensure that food production is not threatened and to enable
economic development to proceed in a sustainable manner. As a party to the
Hyogo Framework for Action, the State likewise adopts the straiegic goals in
order to build national and local resilience to climate change-related disasters.



Recognizing the vulnerability of the Philippine archipelago and its local
communities, particularly the poor, women, and children, to potential dangerous
consequences of climate change AND GLOBAL WARMING such as
WARMING/INCREASING TEMPERATURES, ising seas, changing landscapes,
increasing frequency and/or severity of droughts, fires, fioods and storms,
climate-related illnesses and diseases, damage to ecosystems, biodiversity loss
that affect the country's environment, culture, and economy, the State shall
cooperate with the global community in the resolution of climate change issues,
including disaster tisk reduction. It shall be the policy of the State to enjoin the
participation of national and local governments, businesses, nongovernment
organizations, local communities and the public to prevent and reduce the
adverse impacts of climate change and, at the same time, maximize the
benefits of climate change. It shall also be the policy of the State to incorporate
a gender-sensitive, pro-children and pro-poor perspective in all climate change
and renewable energy efforts, plans and programs. In view thereof, the State
shall strengthen, integrate, consolidate and institutionalize government initiatives
to achieve coordination in the implementation of plans and programs to
address climate change in the context of sustainable development.

Further recognizing that climate change and disaster risk reduction AND
MANAGEMENT are closely interrelated and effective disaster risk reduction AND
MANAGEMENT will enhance adaptive capacity TO CLIMATE CHANGE, CLIMATE
VARIABILITY AND EXTREMES, the State shall integrate disaster risk reduction into
climate change programs and initiatives.

Cognizant of the need to ensure that national and sub-national
government policies, plans, programs and projects are founded upon sound
environmental considerations and the principle of sustainable development. it is
hereby declared the policy of the State to systematically integrate the concept
of climate change in various phases of policy formulation, development plans,
poverty reduction strategies and other development tools and techniques by all
agencies and instrumentalities of the government.”

SEC. 2, Section 3 of R. A. No. 9729 is hereby amended to read as foiiows:
“SEC. 3. Definition of Terms. - For purposes of this Act, the following shall
have the corresponding meanings:

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

(b) “Adaptive capacity" refers to the ability of ecological, social or
economic systems to adjust to climate change including climate variability and
extremes, to moderate or offset potential damages and to take advantage of
associated opportunities with changes in climate or to cope with the
consequences thereof.

(c) “Anthropogenic causes" refer to causes resulting from human activities
or produced by human beings.


(a) "Climate Change" refers to a change in climate that can be identified
by changes in the mean and/or variability of its properties and that persists for an
extended period typically decades or longer, whether due to natural variability
oF os a result of human activity.

(E) “CLIMATE FINANCE” IS THE ALLOCATION OF PUBLIC RESOURCES
TOWARDS THE CLIMATE CHANGE ADAPTATION AND MITIGATION REQUIREMENTS:
OF DEVELOPING COUNTRIES AND VULNERABLE COMMUNITIES, THROUGH
FRAMEWORKS, MECHANISM AND PROCESSES THAT ARE EQUITABLE,
ACCOUNTABLE, TRANSPARENT, AND ARE IN LINE WITH THE NATIONAL
DEVELOPMENT GOALS.

{le)] (F) “Climate Variability” refers to the variations in the average state
and in other statistics of the climate on all temporal and spatial scales beyond
that of individual weather events.

{(f]] (G) “Climate Risk" refers to the product of climate and related
hazards working over the vulnerability of human and natural ecosystems.

{(g)] (H) “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 exceed the ability of the affected
community or society to cope using its own resources.

[(h)] (I) “Disaster risk reduction AND MANAGEMENT (DRRM)" refers to the
SYSTEMATIC PROCESS OF USING ADMINISTRATIVE DIRECTIVES, ORGANIZATIONS,
AND OPERATIONAL SKILLS AND CAPACITIES TO IMPLEMENT STRATEGIES, POLICIES
AND IMPROVED COPING CAPACITIES IN ORDER TO LESSEN THE ADVERSE IMPACTS
OF HAZARDS AND THE POSSIBILITY OF DISASTER. PROSPECTIVE DISASTER RISK
REDUCTION AND MANAGEMENT REFERS TO RISK REDUCTION AND MANAGEMENT
ACTIVITIES THAT ADDRESS AND SEEK TO AVOID THE DEVELOPMENT OF NEW OR
INCREASED DISASTER RISKS, ESPECIALLY IF RISK REDUCTION POLICIES ARE NOT PUT
IN PLACE [ concept and practice of reducing disaster risks through systematic
efforts to analyze and manage the causal factors of disasters, including through
reduced exposure to hazards, lessened vulnerability of people and property,
wise management of land and the environment, and improved preparedness for
adverse events).

(0) (J) “Gender mainstreaming" refers to the strategy for making
women's as well as men’s concerns and experiences an integral dimension of
the design, implementation, monitoring, and evaluation of policies and
programs in all political, economic, ENVIRONMENTAL OR ECOLOGICAL and
societal spheres so that women and men benefit equally and inequality is not
perpetuated. It is the process of assessing the implications for women and men
of any planned action, including legislation, policies, or programs in all areas and
at all levels.


[@] {k) “Global Warming” refers to the increase in the average
temperature of the Earth's neor-surface air and oceans that is associated with
the increased concentration of greenhouse gases in the atmosphere.

[[k)] (L) “Greenhouse effect” refers to the process by which the absorption
of infrared radiation by the atmosphere warms the Earth.

Il] (M) "Greenhouse gases (GHG)" refers io constituents of the
‘atmosphere that contribute to the greenhouse effect including, but not limited
to, carbon dioxide, methane, nitrous oxide, _hydrofiuorocarbons,
perfluorocarbons and sulfur hexafluoride.

{(m)] (N) “Mainstreaming” refers to the integration of policies and
measures that address climate change into development planning and sectoral
decision-making.

[{n)] (©) “Mitigation” in the context of climate change, refers to human
intervention to address anthropogenic emissions sources and removals by sinks of
all GHG, including ozone- depleting substances and their substitutes.

{(0)] {P) “Mitigation potential" shall refer to the scale of GHG reductions
that could be made, relative to emission baselines, for a given level cf carbon
price (expressed in cost per unit of carbon dioxide equivalent emissions avoided
or reduced).

{(p)] (Q) "Sea level rise” refers to an increase in sea level which may be
influenced by factors like global warming through expansion of sea water as the
oceans warm and melting of ice over land and local factors such as land
subsidence.

({R) “VULNERABLE AND MARGINALIZED GROUPS" ARE GROUPS OR
COMMUNITIES WHO FACE HIGHER EXPOSURE TO DISASTER RiSK AND
AGGRAVATED POVERTY INCLUDING, BUT NOT LIMITED TO, CHILDREN, ELDERLY,
DIFFERENTLY-ABLED PEOPLE. AND INDIGENOUS PEOPLES.

{(a)] (8) "Vulnerability" refers to the degree to which a system is
susceptible to, or unable to cope with, adverse EFFECTS of climate change,
including climate variability and extremes. Vulnerability is a function of the
character, magnitude, and rate of climate change and variation to which a
system.is exposed, its sensitivity, and its adaptive capacity."

SEC. 3. Section 4 of R.A. No. 9729 is hereby amended to read as follows:
“TITLE I

‘CLIMATE CHANGE COMMISSION
“SEC. 4. Creation of the Climate Change Commission. - There is hereby

established a Climate Change Commission, hereinafter referred io as the
Commission.


“The Commission shall be an independent and autonomous body and
shall have the same status as that of a national government agency. It shall be
attached to the Office of the President.

“The Commission shall be the [sole] LEAD policy-making body of the
government, which shall be tasked fo coordinate, monitor and evaluate the
programs and action plans of the government [relating to climate change] IN
ORDER TO ENSURE THE MAINSTREAMING OF CLIMATE CHANGE INTO THE
NATIONAL, SECTORAL AND LOCAL DEVELOPMENT PLANS AND PROGRAMS
pursuant fo the provisions of this Act.

“The Commission shall be organized within sixty (60) days from the
effectivity of this Act."

SEC. 4, Section 5 of R. A. No. 9729 is hereby amended to read as follows:

“SEC. 5. Composition of the Commission. - The Commission shall be
composed of the President of the Republic of the Philippines who shall serve as
the Chairperson, and three (3) Commissioners to be appointed by the President,
one of whom shall serve as the Vice Chairperson of the Commission.

“The Commission shall have an advisory board composed of the
following:

(a) Secretary of the Department of Agriculture;

{B) SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT;

{(b}] (C) Secretary of the Deparment of Energy:

{(c}] (0) Secretary of the Department of Environment and Natural
Resources

{(d)] (E) Secretary of the Department of Education;

(F) SECRETARY OF THE DEPARTMENT OF FINANCE;
{(e)] (G) Secretary of the Department of Foreign Affairs;
{(f}] (H) Secretary of the Department of Health;

[{g)] (I) Secretary of the Department of the Interior and Local
Government;

[(h}] (J} Secretary of the Department of National Defense, in his
capacity as Chair of the National Disaster Coordinating Council;

{{il] (K) Secretary of the Department of Public Works and Highways;


{()] (L) Secretary of the Department of Science and Technology:
{k)] (M) Secretary of the Department of Social Welfare and Development;
[I] (N) Secretary of the Department of Trade and Industry;

[(m)] (©) Secretary of the Department of Transportation and
Communications;

{(n)] (P)_ Director-General of the National Economic and Development
Authority, in his capacity as Chair of the Philippine Council for Sustainable
Development;

{(0) (Q) ]Director-General of the National Security Council;

{(p}] (R) Chairperson of the [National] PHILIPPINE Commission [on the Role]
of (Filipino) Women;

[[q)] {S) President of the League of Provinces;

{(0] (1) President of the League of Cities;

[(s)] (U) President of the League of Municipalities;

[(t) (V) President of the Liga ng mga Barangay:

{(u)] (W) Representative from the academe; [and]

{(v)] (X) Representative from the business sector; AND

{(w]] (Y) Representative from nongovernmental organizations

“At least one (1) of the sectoral representatives shall come from the
disaster risk reduction community.

“The representatives shall be appointed by the President from a list of
nominees submitted by their respective groups. They shall serve for a term of six
(6) years without reappointment unless their representation is withdrawn by the
sector they represent. Appointment to any vacancy shall be only for the
unexpired term of the predecessor.

“Only the ex officio members of the advisory board shall appoint a
qualified representative who shall hold a rank of no less than an Undersecretary.”

SEC. 5. Section 6 of R. A. No. 9729 is hereby amended'to read as follows:

"SEC. 6. Meetings of the Commission. — The Commission shall meet once
every three (3) months, or as often as may be deemed necessary. by the


Chairperson. The Chairperson may likewise call upon other government
agencies for the proper implementation of this Act.

IN THE ABSENCE OF THE CHAIRPERSON, THE COMMISSION MAY CONVENE
WITH THE PRESENCE OF ALL THREE (3) COMMISSIONERS, TO BE PRESIDED BY THE
VICE CHAIRMAN,

THE COMMISSION SHALL DECIDE ON ANY MATTER AT HAND FOR
RESOLUTION BY A MAJORITY VOTE AMONG THE THREE (3) COMMISSIONERS;
PROVIDED, HOWEVER, THAT THE CHAIRPERSON MAY VETO ANY DECISION OF THE
COMMISSION WITHIN THIRTY (30) DAYS FROM ITS APPROVAL.

ANY DECISION TRANSLATED INTO AN ISSUANCE OR POLICY INSTRUMENT
APPROVED IN THE MANNER PRESCRIBED IN THIS SECTION SHALL BE SIGNED BY AT
LEAST TWO (2) COMMISSIONERS AND SHALL BE APPROVED BY THE CHA:RPERSON,
IN ORDER TO TAKE EFFECT.

SEC. 6. Section 7 of R. A. No. 9729 is hereby amended to read as follows:

“SEC. 7. Qualifications, Tenure, Compensation AND REMOVAL of
Commissioners. - The Commissioners must be Filipino citizens, residents of the
Philippines, at least thirty (30) years of age at the time of appointment, with {at
least ten (10) years ofJPROVEN experience on climate change and of proven
honesty and integrity. The Commissioners shall be experts in climate change by
virtue of their educational background, training and experience: Provided, That
at least one (1) Commissioner shall be female: Provided, further, That in no case
shall the Commissioners come from the same sector: Provided, finally, That in no
cese shall any of the Commissioners appoint representatives to act on their
behalf.

“ihe Commissioners shalll hold office for a period of six (6) years, and may
be subjected to reappointment: Provided, That no person shall serve for more
‘than two (2) consecutive terms: Provided, further, That in case of a vacancy, the
new appointee shall fully meet the qualifications of a Commissioner and shall
hold office for the unexpired portion of the term only: Provided, [finally]
FURTHERMORE, That in no case shall a Commissioner be designated in a
temporary or acting capacity: PROVIDED, FINALLY, THAT ANY COMMISSIONER
MAY BE REMOVED FROM OFFICE BEFORE THE EXPIRATION OF HIS/HER TERM FOR
CAUSE AND IN ACCORDANCE WITH DUE PROCESS REQUIRED BY PERTINENT LAWS.

“The Vice Chairperson and the Commissioners shall have the rank and
privileges of a Department Secretary and Undersecretary, respectively. They shall
be entitled to corresponding compensation and other emoluments and shall be
subject to the same disqualifications.”

SEC. 7. Section 8 of R. A. No. 9729 is hereby amended to read as follows:

“SEC. 8. Climate Change Office. - There is hereby created a Climate
Change Office that shall assist the Commission AND SERVE AS ITS SECRETARIAT.


[It snall be headed by a Vice Chairperson of the Commission who stil act as
the Executive Director of ihe Office] THE CUMATE CHANGE OFFICE SHALL BE
HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE RESPONSIBLE FOR THE
PLANNING, IMPLEMENTATION AND SUPERVISION OF ITS PROGRAMS AND
ACTIVITIES AS APPROVED BY THE COMMISSION.

HE SHALL BE APPOINTED BY THE PRESIDENT OF THE REPUBLIC OF THE
PHILIPPINES, UPON THE RECOMMENDATION OF THE COMMISSION. HE SHALL HAVE
A RANK NOT HIGHER THAN AN ASSISTANT SECRETARY.

THE EXECUTIVE DIRECTOR MUST POSSESS A HIGH DEGREE OF EDUCATION,
TECHNICAL AND MANAGERIAL COMPETENCIES IN CLIMATE CHANGE AND
DISASTER RISK MANAGEMENT, AS WELL AS OF INTEGRITY AND PROBITY !N PUBLIC
SERVICE.

The Commission shall have the authority to determine the numer of staff
and create corresponding positions WITH RESPONSIBILITIES AND FUNCTIONS, AND
TO MAKE THE NECESSARY APPOINTMENTS [necessary] to facilitate the proper
implementation of this Act, subject to civil service laws, rules and regulations.
[The officers and employees of the Commission shall be appointed by the
Executive Director)"

SEC. 8. Section 9 of R. A. No. 9729 is hereby amended tc read as follows:

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

{(a) Ensure the mainstreaming of climate change. in synergy with disaster
tisk reduction AND MANAGEMENT, into the national, sectoral and local
development plans and programs:]

{(b}} (A) Coordinate and synchronize climate change programs IN
CONSULTATION WITH national government agencies;

[(c}] (8) Formulate a STRATEGIC Framework [strategy] 01 Climate
Change to serve as the basis for a program for climate change planning,
research and development, extension, and monitoring of activities on climate
change;

{(d)] (C) Exercise policy coordination to ensure the attainment of goals set
in the STRATEGIC framework [strategy] anc program on climate change;

{{e}] (0) Recommend legislation, policies, strategies, programs on and
appropriations for climate change adaptation and mitigation and other related
activities;

[(f]] (€) Recommend key development investments in climaie- sensitive
sectors such cs water resources, agriculture, forestry, coastal and marine


resources, health, and infrastructure to ensure the achievement of national
sustainable development goals;

[Ig}] {F) Create an enabling environment for the design of relevant and
appropriate risk-sharing and risk-transfer instruments;

{th)] (G) Create an enabling environment that shall promote broader
multistakeholder participation and integrate climate change mitigation and
adaptation;

[()] (H) Formulate strategies on mitigating GHG and other anthropogenic
causes of climate change:

{W)] (1) Coordinate and establish a close partnership with the National
Disaster RISK REDUCTION AND MANAGEMENT [Coordinating] Council in order to
increase efficiency and effectiveness in reducing the people's vulnerability to
climate-related disasters;

{{K)} (J) In coordination with the Department of Foreign Affairs, represent
the Philippines in the climate change negotiations AND LEAD THE CONSTITUTION
OF THE PHILIPPINE PANEL OF NEGOTIATORS TO THE UNITED NATIONS FRAMEWORK
CONVENTION ON CLIMATE CHANGE (UNFCCC) AND THE FORMULATION OF
PHILIPPINE NEGOTIATING POSITIONS TO INTERNATIONAL NEGOTIATIONS RELATING
TO CLIMATE CHANGE:

[W] (K) Formulate and update guidelines for determining vulnerability to
climate change impacts and adaptation assessments and facilitate the
provision of technical assistance for their implementation and monitoring;

I{m)] (L) Coordinate with local. government units (LGUs) and private
entities to address vulnerability to climate change impacts of regions, provinces,
cities and municipalities;

{In)) (M) Facilitate capacity building for local adaptation planning,
implementation and monitoring of climate change initiatives in vuinerable AND
MARGINALIZED communities and areas;

{(0}] (N) Promote and provide technical and financial support to local
research and development programs and projects in vulnerable AND
MARGINALIZED communities and areas;

{(Pl] (0) Oversee the dissemination of information on climate change,
local vulnerabilities and risks, relevant laws and protocols and adaptation and
mitigation measures;

(P)_ ESTABLISH A COORDINATION MECHANISM WITH THE CONCERNED
GOVERNMENT AGENCIES TO ENSURE TRANSPARENCY AND COHERENCE IN THE
ADMINISTRATION OF CLIMATE FUNDS TAKING INTO CONSIDERATION THE OFFICIAL
PHILIPPINE POSITION IN INTERNATIONAL NEGOTIATIONS; AND


(Q) PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY FOR THE
EFFECTIVE OPERATION AND IMPLEMENTATION OF THIS ACT.

SEC. 9. Section 11 of R. A. No. 9729 is hereby amended to read os icllows:

"SEC. 11. NATIONAL STRATEGIC Framework [Strategy] and Program on
Climate Change. - The Commission shall, within six (6) months from the effectivity
of this Act, formulate a NATIONAL STRATEGIC Framework on Climate Change.
The Framework shall serve as the basis for a program for climate change
planning, research and development, extension, and monitoring of activities to
protect vuinerable AND MARGINALIZED communities from the adverse effects of
climate change.

“The framework shall be formulated based on climate change
vulnerabilities, specific adaptation needs, and mitigation potential, and in
accordance with the internctional agreemen's.

“The Framework shall be reviewed every three (3) years, or as may be
deemed necessary. THE REVIEW OF THE FRAMEWORK SHALL INVOLVE A
PARTICIPATORY AND INTERACTIVE PROCESS.”

SEC, 10. Section 12 of R. A. Act No. 9729 is hereby amended to read us follows:

“SEC. 12. Components of the NATIONAL STRATEGIC Framework [Strategy]
and Program on Climate Change. - The Framework shall include, but no! limited
fo, the following components:

{a) National priorities;
{b) Impacts, vulnerability and adaptation assessmeniis;

(c) Policy formulation;

(d) Compliance with intemational commitments;

je) Research and development;

{f} Database development and management;

(g) Academic programs, capability building and mainstreaming;
{h) Advocacy and information dissemination;

{i) Monitoring and evaluation; ana

(i) Gender mainstreamin,

SEC. 11. Section 15 of R. A. No. 9729 is hereby amended to read as follows:

"SEC. 18. Role of Government Agencies. - To ensure the. effective
implementation of the fremework strategy and program on climate change,
concemed agencies shall perform the following functions:

(a) The Department of Educction (DepED) shall integ:ate climate change
into the primary and secondary education curricula and/or subjects, such as,
but not limited to, science, biology, sibika, history, incluaing textbooks. primers
and other educational materic!s, basic ciime‘e change principles and concepts;



(b) The Depariment of the Interior and Local Government (DILG) and
Local Government Academy shall facilitate the development and provision of a
[training] CAPACITY-BUILDING program for LGUs in climate change, INCLUDING
THE PROVISION OF NECESSARY AND APPROPRIATE TECHNOLOGY. The [training]
program shall include socioeconomic, geophysical, policy, and other content
necessary to address the prevailing and forecasted conditions and risks of
particular LGUs. It shall likewise focus on women and children, especially in the
rural areas, since they are the most vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall
oversee the establishment and maintenance of a climate change information
management system and network, including on climate change risks, activities
and investments, in collaboration with other concemed national government
agencies, institutions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review international
agreements related to climate change and make the necessary
recommendation for ratification and compliance by the government on matters
pertaining thereto;

(e}.The Philippine Information Agency (PIA) shall disseminate information
on climate change, local vulnerabilifies and tisk, relevant laws and protocols and
adaptation and mitigation measures; and]

(F) THE DEPARTMENT OF FINANCE (DOF) SHALL COORDINATE WITH THE
COMMISSION ON MATTERS CONCERNING FISCAL, MONETARY, TRADE AND OTHER
ECONOMIC POLICIES RELATED TO CLIMATE CHANGE AND MONITOR AND REPORT
MEASURES INVOLVING CLIMATE FINANCE;

(G) THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM) SHALL
UNDERTAKE THE FORMULATION OF THE ANNUAL NATIONAL BUDGET IN A WAY
THAT ENSURES THE APPROPRIATE PRIORITIZATION AND ALLOCATION OF FUNDS TO
SUPPORT THE ANNUAL PROGRAM OF GOVERNMENT, INCLUDING CLIMATE
CHANGE-RELATED PROGRAMS AND PROJECTS;

(H) THE DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST) THROUGH
THE PHILIPPINE ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL SERVICES
ADMINISTRATION (PAGASA), SHALL PROMOTE, ASSIST AND, WHERE APPROPRIATE,
UNDERTAKE SCIENTIFIC AND TECHNOLOGICAL RESEARCH AND DEVELOPMENT,
INCLUDING ACTIVITIES RELATIVE TO OBSERVATION, COLLECTION, ASSESSMENT
AND PROCESSING OF CLIMATE-RELATED DATA SUCH AS BUT NOT LIMITED TO
RAINFALL, SEA-LEVEL-RISE, EXTREME WEATHER EVENTS, RISE IN TEMPERATURES, AND
RECORDS OF SEVERE DROUGHTS MONITORED OVER LONG PERIODS OF TIME, IN
COORDINATION WITH LOCAL GOVERNMENT UNITS IN _PRIORITY/TARGET
MONITORING SITES, FOR THE BENEFIT OF AGRICULTURE, COMMERCE AND
INDUSTRY AND IN OTHER AREAS IDENTIFIED TO BE VITAL TO THE COUNTRY'S
DEVELOPMENT; AND,


{f] (I) Government financial institutions, shall, any provision in their
respective charters to the contrary notwithstanding, provide preferential
financial packages for climate change- related projects. In consultation with the
Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30) days from the
effectivity of this Act, issue and promulgate the implementing guidelines therefor.

“The Commission shal! evaluate, recommend the approval of loans and
monitor the use of said funds of LGUs, TAKING INTO ACCOUNT PROVISIONS
UNDER TITLE Ill OF THIS ACT.”

SEC. 12. Section 16 of R. A. No. 9729 is hereby amended to read as follows:

“SEC. 16. Coordination with Various Sectors. - In the development and implementation
of the National Climate Change Action Plan, and the local action plans, the Commission shall
CONSULT AND coordinate with the nongovernment organizations (NGOs). civic organizations,
academe, people's organizations, the private and corporate sectors and other concerned
stakeholder groups.”

SEC. 13, Section 17 of R. A. No. 9729 is hereby amended to read as follows:

“SEC. 17. Authority to Receive Donations and/or Grants. - The Commission
is hereby authorized to accept grants, contributions, donations, endowments,
bequests, or gifts in cash, or in kind from local and foreign sources in support of
the development and implementation of climate change programs and plans:
Provided, That in case of donations from foreign governments, acceptance
thereof shall be subject to prior clearance <nd approval of the President of the
pines upon recommendation of the [Secretary of Foreign Affairs)
DEPARTMENT OF FINANCE: Provided, further, That such donations shail not be
used to fund personal services expenditures and other operating expenses of the
Commission.

“The proceeds shall be used to finance:

(a) Research, development, demonstration and promiction of
technologies;

(b) Conduct of assessment of vulnerabilities to climate change impacts,
resource inventory, and adaptation capability building;

(c) Advocacy, networking and communication activities in the conduct
of information campaign; and

(d) Conduct of such other activities reasonably necessary to carry out the
objectives of this Act, as may be defined by the Commission.”

SEC. 14. insert Sections 18, 19, 20, 21, 22, 25, 24, and 25 in R. A. No. 972? under a new
Title lll to read as follows:


“TITLE Il

THE PEOPLE'S SURVIVAL FUND
“SEC. 18. CREATION OF THE PEOPLE'S SURVIVAL FUND.— A PEOPLE'S
SURVIVAL FUND, HEREAFTER REFERRED TO AS THE FUND, IS HEREBY ESTABLISHED AS
A SPECIAL TRUST FUND FOR THE FINANCING OF ADAPTATION PROGRAMS AND
PROJECTS BASED ON THE NATIONAL STRATEGIC FRAMEWORK.”

“SEC. 19. SOURCES OF THE FUND.- THE FUND SHALL BE SOURCED FROM
BOTH PUBLIC AND PRIVATE SOURCES, EITHER FOREIGN OR LOCAL, INCLUDING BUT
NOT LIMITED TO THE FOLLOWING:

(A) THE AMOUNT OF FIFTY MILLION PESOS (P50,000,000.00) TO BE
ALLOTTED IN THE ANNUAL GENERAL APPROPRIATIONS ACT (GAA)
FOR THE INITIAL IMPLEMENTATION OF THIS ACT AND THEREAFTER,
SUCH SUM AS SHALL BE DEEMED NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS ACT:

(8) TEN PERCENT (10%) FROM CASH DIVIDENDS DECLARED BY ALL
GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS;

(C) FIVE PERCENT (5%) OF CERTIFIED EMISSION REDUCTION (CERS)
EARNED UNDER THE CLEAN DEVELOPMENT MECHANISM AND, OTHER
DOMESTIC INDUSTRY EMISSIONS REDUCTIONS THAT UTILIZE
INTERNATIONAL CARBON MARKET INSTRUMENTS; AND,

(D) TEN PERCENT (10%) OF THE SEVEN AND A HALF PERCENT (7.5%)
SHARE OF THE DEPARTMENT OF TRANSPORTATION AND
COMMUNICATION (DOTC) IN THE SPECIAL VEHICLE POLLUTION
CONTROL FUND UNDER REPUBLIC ACT 8794, ENTITLED “AN ACT
IMPOSING A MOTOR VEHICLE USER'S CHARGE ON OWNERS OF ALL
TYPES OF MOTOR VEHICLES AND FOR OTHER PURPOSES".

CONTRIBUTIONS TO THE FUND SHALL BE EXEMPT FROM DONOR'S TAX AND
THE SAME SHALL BE CONSIDERED AS ALLOWABLE DEDUCTIONS FROM THE GROSS
INCOME OF THE DONOR, IN ACCORDANCE WITH THE PROVISIONS OF. THE
NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED."

“SEC. 20. USES OF THE FUND.- THE FUND SHALL BE USED FOR ACTIVITIES THAT
ARE IN DIRECT SUPPORT OF THE OBJECTIVES ENUMERATED IN THE CLIMATE
CHANGE ACTION PLANS OF THE LOCAL GOVERNMENTS. IT SHALL ALSO BE USED
TO PROVIDE FINANCIAL ASSISTANCE FOR PRIORITY ADAPTATION PROJECTS
IDENTIFIED AND APPROVED BY THE COMMISSION AND FOR FUNDING BY THE
PEOPLE'S SURVIVAL FUND BOARD, HEREINAFTER CREATED, BASED ON PRIOR
CONSULTATIONS WITH AND IDENTIFIED PRIORITIES OF LOCAL GOVERNMENTS.
SUCH FUND SHALL BE USED TO SUPPORT, GRANT, FINANCE OR OTHERWISE ASSIST
ACTIVITIES SUCH AS, BUT NOT LIMITED TO THE FOLLOWING:

(A) ADAPTATION ACTIVITIES, WHERE SUFFICIENT INFORMATION _ IS
AVAILABLE TO WARRANT SUCH ACTIVITIES, IN THE AREAS OF WATER
RESOURCES MANAGEMENT, LAND MANAGEMENT, AGRICULTURE AND.
FISHERIES, HEALTH, INFRASTRUCTURE DEVELOPMENT, *RAGILE
ECOSYSTEMS INCLUDING MOUNTAINOUS ECOSYSTEMS, AND
INTEGRATED COASTAL ZONE MANAGEMENT;


(B) IMPROVEMENT OF THE MONITORING OF VECTOR-BORNE DISEASES
TRIGGERED BY CLIMATE CHANGE, AND IN THIS CONTEXT IMPROVING
DISEASE CONTROL AND PREVENTION;

(C)FORECASTING AND EARLY WARNING SYSTEMS AS PART OF
PREPAREDNESS FOR CLIMATE RE: ATED HAZARDS;

(D) SUPPORTING INSTITUTIONAL CAPACITY-BUILDING. BOTH “FOR
NATIONAL AND LOCAL GOVERNMENTS, IN PARTNERSHIP WITH LOCAL
COMMUNITIES AND CIVIL SOCIETY GROUPS, FOR PREVENTIVE
MEASURES, PLANNING, PREPAREDNESS AND MANAGEMENT OF
IMPACTS RELATING TO CLIMATE CHANGE, INCLUDING CONTINGENCY
PLANNING, IN PARTICULAR, FOR DROUGHTS AND FLOODS !N AREAS
PRONE TO EXTREME WEATHER EVENTS.

(€) STRENGTHENING EXISTING, AND WHERE NEEDED, ESTABLISH, NATIONAL
AND REGIONAL CENTERS AND INFORMATION NETWORKS FOR RAPID
RESPONSE TO EXTREME WEATHER EVENTS; AND,

(F) SERVING AS A GUARANTEE FOR RISK INSURANCE NE&DS FOR
FARMERS, AGRICULTURAL WORKERS AND OTHER STAKEHOLDERS.

THE FUND SHALL BE SUPPLETORY TO ANY ANNUAL APPROPRIATIONS
ALLOCATED BY RELEVANT GOVERNMENT AGENCIES FOR CLIMATE CHANGE-
RELATED PROGRAMS AND PROJECTS AND BY LGUS PURSUANT TO THE NEW
SECTION 26 OF THIS ACT. THE FUND SHALL *€ FLEXIBLE TO ALLOW CO-SHARING
ARRANGEMENTS SUCH AS BUT NOT LIMITED TO CO-FINANCING 3ETWEEN
GOVERNMENT, LOCAL COMMUNITIES, PRIVATE SECTOR, AND/OR OTHER LOCAL
NON-GOVERNMENT ENTITIES.

“SEC, 21. THE PEOPLE'S SURVIVAL FUND BOARD.- THERE IS HERSBY CREATED
A PEOPLE'S SURVIVAL FUND BOARD, HEREINAFTER REFERRED TO AS THE PSF
BOARD, WHICH SHALL BE LODGED UNDER THE COMMISSION AND CHAIRED BY
ONE OF THE COMMISSIONERS, AS DESIGNATED BY THE COMMISSION. iT SHALL BE
COMPOSED OF THE FOLLOWING:

(A) DEPARTMENT OF FINANCE;

(B) DEPARTMENT OF BUDGET AND MANAGEMENT;

(C)NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY, IN THEIR
CAPACITY AS CHAIR OF THE PHILIPPINE COUNCIL FOR SUSTAINABLE
DEVELOPMENT:

(D) BANGKO SENTRAL NG PILIPINAS;

{€) A REPRESENTATIVE FROM SACH GOVERNMENT FINANCIAL

INSTITUTION;

(F) A REPRESENTATIVE FROM THE BUSINESS SECTOR WITH OBSERVER STATUS;
AND,

(G) A REPRESENTATIVE FROM THE NON-GOVERNMENT ORGANIZATIONS
WITH OBSERVER STATUS; PROVIDED, THAT THE REPRESENTATIVES OF
GOVERNMENT AGENCIES SHALL BE ASSIGNED BY THEIR PECTIVE
SECRETARIES AND SHALL HAVE A RANK OF AN UNDERSECRETARY;
PROVIDED, FURTHER, THAT THE BUSINESS AND NGO MEMBERS OF THE PSF
BOARD ARE PROHIBITED FROM ACCESSING THE FUND WITHIN THEIR TERM
AS SET BY THE COMMISSION AND A YEAR AFTER THEIR TENURE IN THE PSF
BOARD HAS FINISHED.



"SEC. 22. POWERS AND FUNCTIONS OF THE PSF BOARD. - THE PSF BOARD
SHALL HAVE THE FOLLOWING POWERS AND FUNCTIONS:

(A) TO PROVIDE OVERALL STRATEGIC FINANCIAL GUIDANCE FOR THE
USE OF THE FUND;

(8) TO REPORT TO THE COMMISSION ALL DISBURSEMENTS OF APPROVED
PROPOSALS; ¥

(C) TO IDENTIFY ADDITIONAL WINDOWS FOR FINANCING AND PROVIDE
SCHEMES FOR MATCHING PROJECT PROPOSALS WITH APPROPRIATE
FUNDING STREAMS;

(D) TO ASSIST THE COMMISSION’ IN PREPARING PROPOSALS FOR
SUBMISSION TO VARIOUS FUNDING AGENCIES;

(E) TO ADOPT A CONFLICT OF INTEREST POLICY TO ENSURE THAT BOARD.
MEMBERS WILL NOT VOTE ON PROJECTS IF THEY HAVE A DIRECT
STAKE THEREIN; AND,

(F) TO ENSURE INDEPENDENT EVALUATION AND AUDITING OF ACTIVITIES
SUPPORTED BY THE FUND, TAKING INTO CONSIDERATION THE
PRINCIPLES OF TRANSPARENCY AND ACCOUNTABILITY.

“SEC. 23. ROLE OF THE COMMISSION IN THE UTILIZATION OF THE PEOPLE'S
SURVIVAL FUND. - THE COMMISSION SHALL SET THE STRATEGIC DIRECTION ON
CLIMATE ADAPTATION. UTILIZING THE EXPERTISE OF THE ADVISORY BOARD. IT SHALL
EVALUATE, REVIEW AND APPROVE THE PROPOSALS TO BE SUBMITTED TO THE PSF
BOARD FOR FUNDING. THE CRITERIA FOR THE USE OF THE FUND SHALL BE BASED
ON, BUT NOT LIMITED TO, THE FOLLOWING:
{A) LEVEL OF VULNERABILITY;
(8) LEVEL OF URGENCY AND RISK ARISING FROM THE DELAY:
(C} PARTICIPATION OF AFFECTED COMMUNITIES IN THE DESIGN OF THE
PROJECT;

(D} ENSURING ACCESS TO THE FUND IN A BALANCED AND EQUITABLE
MANNER;

(E} LESSONS LEARNED IN PROJECT AND PROGRAMME DESIGN AND
IMPLEMENTATION TO BE CAPTURED:

{F) SECURING REGIONAL CO-BENEFITS TO THE EXTENT POSSIBLE WHERE
APPLICABLE:

(G} MAXIMIZING MULTI-SECTORAL OR CROSS-SECTORAL BENEFITS;

(H) | ADAPTIVE CAPACITY TO THE ADVERSE EFFECT OF CLIMATE CHANGE;

() RESPONDS TO GENDER-DIFFERENTIATED VULNERABILITIES; AND

(J) AVAILABILITY OF A CLIMATE CHANGE ACTION PLAN.

FOR THIS PURPOSE, THE COMMISSION SHALL PROMULGATE THE RULES AND
REGULATIONS TO PROMOTE TRANSPARENCY AND GOOD GOVERNANCE AND TO.
MAINTAIN THE FIDUCIARY CHARACTER OF THE BOARD IN THE ADMINISTRATION OF
THE PEOPLE'S SURVIVAL FUND.

SEC. 24. COMMUNITY PARTICIPATION. — TO ENSURE TRANSPARENCY AND
PARTICIPATION OF AFFECTED COMMUNITIES IN THE ADAPTATION PROJECTS TO BE
SUPPORTED BY THE FUND, COMMUNITY REPRESENTATIVES AND/OR NGO
COUNTERPARTS MAY PARTICIPATE AS OBSERVERS IN THE PROJECT IDENTIFICATION,
MONITORING AND EVALUATION PROCESS OF THE COMMISSION.


SEC. 25. TRUSTEE.- FOR THE SOUND AND JUDICIOUS MANAGEMENT OF THE
FUND, THE COMMISSION, UPON RECOMMENDATION OF THE PSF BOARD, SHALL
APPOINT A GOVERNMENT FINANCIAL INSTITUTION, WITH SOUND TRACK RECORD
ON FUND MANAGEMENT, AS PORTFOLIO MANAGER AND TRUSTEE OF THE FUND,
SUBJECT TO GUIDELINES PROMULGATED BY THE PSF BOARD. THE TRUSTEE SHALL
MANAGE THE INVESTMENT OF FUND BALANCES, ACCOUNTING AND FINANCIAL
REPORTING FOR THE FUND, TAKING INTO ACCOUNT THE OBJECTIVES OF
TRANSPARENCY, EFFICIENCY, FINANCIAL RISK MANAGEMENT AND AVAILABILITY.
OF CASH AS NEEDED FOR THE FUND COMMITMENTS AND DISBURSEMENTS. THE
TRUSTEE SHALL BE ACCOUNTABLE TO THE PSF BOARD FOR THE PERFORMANCE OF
MS RESPONSIBILITIES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
SERVICE AGREEMENT BETWEEN THE TRUSTEE AND THE PSF BOARD.

SEC. 14. The succeeding sections shall be renumbered accordingly.

SEC, 15. If for any reason, any section or provisions of This ¢ct is declared as
unconsiitutional or invalid, the other sections or provisions hereof shal ict be affected

thereby.

SEC. 16. All laws ordinances, rules and regulations and other issuances ov parts thereof,
which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 17. This Act shall take effect after fifteen (15) days following ifs compiete
publication in a: least two (2) national newspapers of general circulation.

Approved,