Republic of the Philippines

HOUSE OF REPRESENTATIVES

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Quezon City, Metro Manila

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TWENTIETH CONGRESS J
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First Regular Session

House Bill No. 1 1 90

Introduced by Representative

BRIAN DANIEL POE LLAMANZARES, PhD, MNSA

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

EXPLANATORY NOTE

Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act
of 2010 defined the powers of the National Disaster Risk Reduction and Management Council,
which is composed of different members from different departments of the executive branch,

with the Office of Civil Defense acting as its secretariat.

‘As can be seen by its performance in recent disasters, the composition of the council
slows down government preparation and response to these disasters. Thus, there is a need to
create a separate department dedicated to disaster risk reduction and management.

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

the primordial goal of ens

ing the safety of our fellow Filipinos.

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


necessary powers by which it can effectively address these key result areas.

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

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

potential risks and disasters.

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

including international relief efforts.

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

addressing issues relating to disaster preparedness, prevention, reparation, and relief.

As a final note, this bill strives to help ensure that the painful lessons learned from
typhoons such as Ondoy and Yolanda, as well as natural disasters that befell our country in past,
are translated into laws, systems, structures, and policies that are truly responsive, with the

ultimate goal of protecting the present and future generations of Filipinos.
The passage of the bill is earnestly sought.
HON. BRYAN DANIEL POE LLAMANZARES, PhD, MNSA

Representative

FPJ Panday Bayanihan Party-List


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

First Regular Session

House Bill No.__ 1190

Introduced by Representative

BRIAN DANIEL POE LLAMANZARES, PhD, MNSA

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

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

ARTICLE I
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the "Department of Disaster
Resilience Act".
Sec 2. Declaration of Policies and Principles. — The State recognizes that:

a. The Philippines is one of the countries most vulnerable to climate change and
various kinds natural hazards, including, among others, typhoons, earthquakes,
floods, volcanic eruptions, landslides, storm surges, and drought;

b. Tremendous physical and economic, losses are sustained by the country, and
in certain cases, damage to our national, cultural, and historical heritage, each
time such natural hazards wreak havoc on an unsuspecting and unprepared
Populace;

c. There is an urgent need to establish a focused, streamlined, independent,
empowered, capacitated, full-time, specialized agency on disaster risk
reduction and management as well as emergency response, which is national
in scope and civilian in character;


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

Towards this end, the state shall endeavor to ensure:

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

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

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

d. The implementation of the principles, concepts and action plans of climate
change and disaster risk reduction contained in international and national
frameworks and commitments in various phases of policy formulation,
development and investment plans, poverty reduction strategies and other
development tools, and techniques by all national and local agencies,
institutions and instrumentalities of the government to enhance the country's
capacity for climate change adaptation and mitigation;

e. To inculcate a culture of resilience and preparedness for natural disasters at
the national, regional and local levels, and adopt a whole-of-society approach
in disaster resilience to enhance collaboration, planning, and dialogue among
all sectors of society, and in improving their strategies and/or action plans for


disaster risk reduction.
Sec. 3. Definition of Terms. — As used in this Act:

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

Assisting Actor shalll refer to any Assisting International Actor and any Assisting
Domestic Actor responding to a disaster in the country.

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

Assisting International Actor shall refer to any foreign state, organization, entity

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or individual responding to a disaster within or transiting through the country
to respond to a disaster in another country
.. Biological Hazards shall refer to hazards that are of organic origin or conveyed
by biological vectors, including pathogenic microorganisms, toxins and
bioactive substances. Examples are bacteria, viruses or parasites, as well as
venomous wildlife and insects, poisonous plants and mosquitoes carrying
disease-causing agents;
Build Forward Better shall refer to an approach to building and/or
reconstructing an area or community which entails a shift from simple recovery
and restoration to safer, more adaptive, resilient, and inclusive communities.
Business Continuity shall refer to the capacity of a business entity to continue
the delivery of its products and/or services at acceptable pre-defined levels

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following a disruptive incident;

Capacity shall refer to the combination of all strengths, attributes and resources
available within a community, society or organization that can reduce the level
of risk, or impacts of a disaster. Capacity may include infrastructure and
physical means, institutions, societal coping abilities, as well as human
knowledge, skills and collective attributes such as social relationships,
leadership and management. Capacity may also be described as capability.

Civil Society Organizations (CSOs) shall refer to non-state actors whose aims
are neither to generate profits nor to seek governing power, but to unite people
to advance shared goals and interests. They have a presence in public life,

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expressing the interests and values of their members or other, based on ethical,
cultural, scientific, religious or philanthropic considerations. CGOs include
nongovernment organizations (NGOs), professional associations, foundations,
independent research institutes, community-based organizations (CBOs), faith-
based organizations, people’s organization, social movements, and labor unions

j. Climate Change shall refer 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 persist in an extended period, typically decades or longer, whether due to
natural variability or as a rest of human activity as defined under Republic Act
No. 9729, otherwise known as the “Climate Change Act of 2009”. These include
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. Climate Mitigation shall refer to efforts to reduce or limit greenhouse gas
emissions or enhance greenhouse gas sequestration;

|. Cultural Heritage shall refer to the totality of cultural property preserved and
developed through time and passed on to posterity;.

m. Contingency Planning shall refer to a management process that analyzes
specific potential events or emerging situations that might threaten society or
the environment and establishes arrangements in advance to enable timely,

effective and appropriate responses to such events and situations.

n, Department shall refer to the Department of Disaster Resilience or the DDR;

Development Assistance shall refer to any financial, material or other forms of
assistance to support the economic, social, and environmental well-being of
areas and/or people affected by a natural disaster;

Disability shall refer to an evolving concept that results from the interaction
between persons with impairments, societal barriers, as defined under Republic
Act No. 7277, and attitudinal and environmental barriers that hinder their full
and effective participation in society on an equal basis with others.

Disaster shall refer to a serious disruption of the functioning of a community or
a society involving widespread human, material, economic or environmental
losses and impacts, which exceeds the ability of the affected community or

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society to cope using its own resources. Unless otherwise used specifically in
this Act, the term “disaster shall refer to “natural disaster”;

r. Disaster Contingency Fund shall refer to a fund, in lump-sum form, managed
by the Department to expediently provide funds and resources for disaster relief
or response in affected areas;

s. Disaster Mitigation or Mitigation shall refer to the lessening or limitation of the
adverse impacts of hazards and related disasters. Mitigation measures include
hazard-resistant structures as well as improved environmental, land use
planning, climate change and other sectoral policies and public awareness;

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

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

v. Disaster Resilience shall refer to the ability of a system, community, or society
exposed to hazards to resist, absorb, accommodate, adapt to, transform, and
recover from the effects of a hazard and/or the long-term impact of climate
change in a timely and efficient manner, including through the preservation
and restoration of its essential basic structures and functions through risk

management;


Caer Ane n

w. Disaster Response shall refer to the provision of emergency services and public
assistance during or immediately after a disaster in order to secure and save
lives, reduce health impacts, ensure public safety and meet the basic
subsistence needs of the people affected. Disaster response includes disaster
relief focused on immediate and short-term needs of the victims and the
vulnerable.

x. Disaster Resilience Fund shall refer to the budget managed by the Department,
which includes funds appropriated to it by Congress pursuant to an
Appropriations Act, the Disaster Contingency Fund, and the Rehabilitation and
Recovery Fund;

y. Disaster Risk shall refer to the potential disaster losses in lives, health status,
livelihoods, assets and services that could occur to a particular community or
society in the future, and is determined by a combination of the vulnerability,
capacity, exposure of persons and assets, hazard characteristics and the
environment.

z, Disaster Risk Governance shall refer to the way in which public authorities, civil
servants, media, private sector, and civil society coordinate at community,
national and regional levels in order to manage disaster and climate related
risks. This means ensuring that sufficient 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.

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

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

cc. Early Warning System shall refer to an integrated system of hazard monitoring,
forecasting and prediction, disaster risk assessment, and communication and


preparedness activities and processes that enable individuals, communities,
national government agencies, local government units, the private sector, and
others to take timely action to reduce disaster risks and adequately prepare for
disasters;

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

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

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

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

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

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

jj. Geographically Isolated and Disadvantaged Area (GIDA) shall refer to areas
with a marginalized population, which is physically and socio-economically
separated from the mainstream society and characterized by physical factors—
isolated due to distance, weather conditions and transportation difficulties
(island, upland lowland, landlocked, hard to reach and underserved
communities); and/or socio-economic factors—(highly poverty incidence,
presence of vulnerable sector, communities in or recovering from situation of
crisis or armed conflict);

kk. Geological or geophysical hazards shall refer to the hazards that originate from
internal earth processes, such as earthquakes, volcanic activities and emissions,


and related geophysical processes, which include mass movements, landslides,
rockslides, surface collapses, and debris or mud flows. Hydrometeorological
factors are important contributors to some of these processes. While tsunamis
are triggered by undersea earthquakes and others geological events, they
essentially become an oceanic process that is manifested as a coastal water-
related hazard;

Il. Hazard shall refer to a phenomenon, substance, human activity or condition
that may cause loss of life, injury or impacts to health; social and economic
disruption, environmental damage, or loss of/disruption to property, livelihood,
and/or services;

mm.Historical landmarks shall refer to sites or structures that are associated with

events or achievements significant to Philippine history as declared by the
National Historical Institute or the applicable agency;

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

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

pp.Hydrometeorological hazards shall refer to hazards that are of atmospheric,
hydrological, or oceanographic origin, such as tropical cyclones (also known as
typhoons and hurricanes); floods, including flash floods; drought; heat waves
and cold spells; and coastal storm surges. Hydrometeorological conditions may
also be a factor in other hazards such as landslides, wildland fires, locust
plagues, epidemics, and in the transport and dispersal of toxic substances and
volcanic eruption material;

qq.Impact and needs assessment shall refer to the assessment of the nature and
magnitude of a disaster, its impact on affected populations, the type and extent


of emergency, and the requirements for recovery and rehabilitation of affected
area(s);

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

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

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

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

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

ww. Land Use Planning shall refer to the process undertaken by public authorities
to identify, evaluate and decide on different options for the use of land,
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;

xx. Legal Facilities shall refer to entitlements and exemptions that are granted to
Assisting Domestic or International Actors that are declared to be eligible
pursuant to this Act and its implementing rules and regulations;

yy. Local Disaster Resilience Plan (LDRP) shall refer to a document prepared by an
LGU based on the National Disaster Resilience Framework (NDRF) and the


National Disaster Resilience Plan and Investment Plan (NDRPIP) that sets out
specific programs, objectives and goals to implement disaster risk management
and climate change adaptation measures at the local level. The plan includes,
‘among others, an evaluation and analysis of emerging disaster risks, hazards
and vulnerabilities applicable to an LGU, and specific programs and activities to
ensure responsive, effective, and appropriate disaster preparedness and
managements at the local level;
zz. National Continuity Policy shall refer to a comprehensive national policy
consisting of a set of programs and projects aimed at capacitating the
government to ensure the continuity of governance and the delivery of public
services during and after any disaster;
aaa. National Disaster Resilience Framework (NDRF) shall refer to a framework that
provides for a comprehensive, multi-sectoral, whole-of-government, and
whole-of-society approach to attaining safe, adaptive, and resilient
communities that can resist, prevent, mitigate against, absorb, accommodate,
adapt to, recover, or build back better form the effects of a natural hazard in
a timely and efficient manner through, among others, disaster risk reduction
and management, and climate change adaptation and mitigation. The NDRF
shall be composed of a National Disaster Risk Reduction and Management
Framework (NDRRMF), and National Framework Strategy on Climate Change
(NFSCC);
bbb.National Disaster Resilience Plan and Investment Program (NDRPIP) shall
refer to a plan formulated and implemented by the national and local
governments, in collaboration with NGOs, the private sector, academe,
international development partners, and others, in accordance with the NDRF
that sets out the outcomes, goals and objectives, priorities, programs and
corresponding action plans for disaster risk reduction, preparedness, and
management, and climate change mitigation. The NDRPIP shall also include,
among others, goals, objectives and action plans for a national continuity
policy.—It shall be in conformity with the national disaster risk reduction and
management framework.


ccc. Natural Hazard shall refer to naturally occurring physical phenomena caused

either by rapid or slow onset events, which can be geological (earthquakes,
ground rupture, liquefaction, landslides, tsunamis, sinkholes, and volcanic
activity), hydrological and meteorological (Floods, sever winds, typhoons,
storm surges), climatological variability (extreme temperatures, El Nifio, La
Nifia, forest fires), or biological (disease, epidemics and insect/animal
plagues);

ddd.Open Data shall refer to a set of data that can be freely used, shared and

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

eee, Pre-Disaster Recovery Plan (PDRP) shall refer to a plan intended to help

government officials working in small communities or across an entire nation,
to define and follow a process to pre plan for disaster recovery, and thereby
strengthen their own future recovery efforts and outcomes;

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

hazard’s level of risk given the degree of exposure and vulnerability in a specific
area likely to be affected by an imminent hazard. It presents the possible
impacts on the population and forms a basis to determine the appropriate level
of response actions from the national level government agencies down to the
local government units. It is hazard-specific, area focused, and time-bound;

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

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


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

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

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

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

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

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

m.

Risk Transfer shall refer to the process of formally or informally shifting the
financial consequences of particular risks from one party to another whereby a
household, community, enterprise or state authority will obtain resources from
the other party after a disaster occurs, in exchange for ongoing or
compensatory social or financial benefits provided to that other party;

mmm. Safety stock shall refer to items, such as raw materials, component parts,
or finished goods, maintained in inventory to reduce the risk that such item
will be out of stock, in anticipation of unforeseen shortages or unusual
demand for such items;

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

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

ppp.Simplified or Pre-Arranged Contract shall refer to a written agreement in the

nature of an option contract between the procuring entity on one hand, and

the most responsive and lowest calculated bidder on the other, granting the


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procuring entity the option to either place an order for any of the goods
identified therein or not buy at all, within a given period of time;
qqq.Sustainable Development shall refer to development that meets the needs of
the present without compromising the ability of future generations to meet
their own needs;
rrr. Volunteers shall refer to individuals, groups or entities that offer and/or
provide services or assistance, without compensation, to help people and/or
areas affected by disasters;
sss. Vulnerability shall refer to the conditions determined by physical, social,
economic, organizational, and environmental factors or processes, which
increase the susceptibility of an individual, a community, assets or systems to
the impacts of hazards;
ttt. Whole-of-Society Approach shall refer to an approach that encourages the
meaningful the active participation and synergy of the different stakeholders of
society toward climate change adaptation and mitigation, and disaster risk
reduction and management at the national and local levels;
uuu.Whole-of-Government Approach shall refer to an approach that instills and
fosters collaboration among all government instrumentalities both at the
national and local levels toward shared sustainable development goals and
outcomes; and
wv. Whole-of-Nation Approach shall refer to an approach that seeks to bring about
a concerted effort towards sustainable development, national peace and
security by creating consensus and understanding of development and
security that is shared not just among core security forces and oversight
government institutions, but also by the nation’s stakeholders, e.g.,
government, civil society, private sector, and the communities.

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


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

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

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

Sec. 5. Powers and Functions of the Department. - The Department shall
‘exercise and perform the following powers and functions:

Overall functions:

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

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

3. Oversee, review, and approve the translation, integration, and implementation
of the NDRPIP into LDRPs;


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

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

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

. Direct any government entity to help ensure the attainment of the goals and
objectives of this Act;

8, Advance the country's interests relating to disaster resilience and climate

change in the regional and global arena;

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

10. 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.

Disaster Risk Reduction;

1. Develop coordinated national, regional, and local strategies for the effective
prevention and mitigation of disaster risk resulting from natural hazards,
including the effects of climate change;

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

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

4, Formulate plans and programs to establish and implement government
redundancy, service and business continuity, and a National Continuity Policy,
as a high priority and urgent undertaking;


5. Ensure the use of advanced science and technology in anticipatory planning of
communities against the impact of natural hazards and climate change through
consultation, and employment with a regular department funding the acaderne
or higher education institutions;

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

7. Design and implement an incentive system for greater private and public
investment, both at the local and national levels, on disaster risk reduction;

8, Oversee and ensure the mainstreaming of climate change adaptation and
disaster risk reduction in development and land use planning, and the
preparation of contingency plans;

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

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

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

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

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

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


1 Disaster Preparedness and Response
2 1. Lead, manage, and collaborate with the relevant government instrumentalities,
3 non-government stakeholders, and international partners in providing the
4 minimum basic needs of people in affected areas before, during and/or
5 immediately after a disaster to save lives and minimize casualties;
6 2. Ensure the efficient prepositioning of goods, maintenance, and disposal of
7 safety stocks;
8 3, Prepare pre-disaster recovery plans in anticipation of future disasters by
9 engaging the community and planning for recovery activities that are
10 comprehensive and long-term;
i 4, Establish a corps of first responders in partnership with national and local
12 stakeholders, both public and private;
3 5, Formulate standards for contingency planning for adoption by both national
14 government agencies and local government units;
15 6. Recommend to the President of the Philippines the declaration of a state of
16 calamity due to a natural disaster, and the lifting thereof when conditions
7 stabilize;
18 7. Oversee and maintain a national early-warning and emergency alert system
19 that must provide a specific, areas-focused and time-bound warning that are
20 accurate, timely, understandable and readily accessible to national and local
2 emergency response organizations and the general public;
2 8. Implement Pre-Disaster Risk Assessments to include deployment of rapid
23 assessment teams to gather information for precise actions as a basis for
24 emergency preparedness and humanitarian response;
25 9. Coordinate information-sharing and other disaster risk reduction protocols
26 following the principle of inter-operability among national government agencies
27 and local government units;
28 10. Establish and maintain a national humanitarian logistics system with a network
29 of warehouses, transport and resources, including response assets and disaster
30 relief food and non-food items;
31 11. Call upon the relevant government  instrumentalities, non-government.

32 stakeholders, CSOs, and international partners for assistance in ensuring the


protection and preservation of life and property such as through the use of
their resources and facilities, among others. This function includes the power
to call on the reserve force as defined in Republic Act no. 7077 to assist in
search and rescue, and the relief and disaster preparedness and response
operations;

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

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

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

15, Issue special procurement rules and regulations, in close coordination with the
Government Procurement Policy Board, for preparedness, response, and
recovery activities, including those prompted by a declaration of a state of
calamity or of an imminent disaster;

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

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

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

Recovery and Building Forward Better;

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

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

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

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

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

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

Other Powers and Functions;

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

Provide operating guidelines to the LDROs for the Declaration of Imminent
Disaster in their respective areas, which shall allow them to implement

N

preemptive measures and use their quick response funds in order to save lives
and minimize damage to property, loss of livelihood, and other assets;

. Establish and monitor local and national capacity for disaster risk financing and
insurance and other risk transfer strategies in coordination with the DOF, GSIS,

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LBP, and the Insurance Commission;

Coordinate information-sharing and other disaster risk reduction protocols

following the principle of inter-operability among National Government

Agencies and Local Government Units, before, during, and after a disaster;

. Administer, mobilize, monitor, and oversee the utilization of disaster resilience-
related funds, including, but not limited to, the National Disaster Resilience

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Fund and the Supplemental Disaster Resilience Support Fund for low income
provinces, cities, and municipalities, and multi-hazard local government units;

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

7. Whenever it becomes necessary, to save lives and/or minimize damages to
livelihood and property, assume supervision over the implementation of any
government program. project, or activity in anticipation of, during, and in the
aftermath of a disaster;

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

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

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

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

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

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

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


15, Assist appropriate national government agencies and offices and concerned

local government units in protecting national cultural heritage including national
treasures and national historical landmarks, sites or monuments from hazards
and disasters; and

16, Perform such other functions, as provided by law or assignment of the

President, and undertake the necessary actions to ensure the attainment of the
overall goals and objectives of this Act.

ARTICLE III
EMERGENCY MEASURES

Sec, 6. Emergency Measures. —

a. The Department shall undertake and implement such immediate measures
as may be necessary to ensure the protection and preservation of life or
property in anticipation of, during, and in the aftermath of emergencies,
hazards and disasters, including preemptive and forced evacuations.
Local government units shall enact an ordinance on and implement
necessary and appropriate emergency measures, including preemptive and
forced evacuations, to ensure the protection and preservation of life or
property in anticipation of, during, and in the aftermath of disasters.

It shall be mandatory for Local Government Units to provide evacuation
centers, with due consideration to the capacity of local facilities, when
requested by the Department, in anticipation of, during, and in the
aftermath of emergencies, hazards and disasters. In providing such
evacuation centers, due regard shall be given to the most vulnerable and
marginalized groups, respecting the dignity and culture of persons,
‘observing equality, and using proportionate force in implementing such
emergency measures.

Preemptive evacuation shall be the preferred as the primary mode of
moving people that will be affected by disasters.


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

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

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

. The Department may ration the distribution of basic goods in critical

shortage, and/or restrict or ban the transfer of such goods outside the area
covered by the emergency measure.

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

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

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


ARTICLE IV
ORGANIZATION AND MANAGEMENT

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

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

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

a. Establish and promulgate policies, rules, and regulations for the effective and
efficient operation of the Department and implement these to carry out its
mandate, functions, programs, and activities;

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

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

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

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

. Manage the financial, human, and other resources of the Department,

Collaborate with other government agencies, the private sector, and civil

society organizations on the policies, programs, projects, and activities of the

Department, as may be necessary;

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

© >


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

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

Sec. 9. The Undersecretaries. ~ The Secretary shall be assisted by at least four

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

a. Disaster Risk Reduction - the formulation, adoption, and implementation of
policies and programs to reduce existing and future disaster risks to minimize
loss and damage to lives and properties, including the formulation of the
required policies and programs in the NDRF and relevant national investment
plans;

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

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

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

management.


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

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

Sec, 11. Qualifications. — All the Undersecretaries, Assistant Secretaries, and
other officials of the Department shall preferably be specialists and have a good track
record in any of the following fields, as applicable to their mandated key result areas
and functions: disaster risk reduction and management, science and technology,
environmental science or management, urban planning, civil engineering, public
finance, information and communications technology, logistics management, mass
communication, among other fields directly relevant to ensuring the country's
disaster resilience. The appointing authority and other responsible officials shall
ensure that the Department's human resources possess the competencies, skills,
behavioral attributes, training and experience necessary for them to become
efficient, effective, and responsive in performing their functions and contribute to
the attainment of the overall goals and delivery of the intended outcomes of this Act.

Sec. 12. 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. 13. Regional Disaster Resilience Offices. — The Department shall
establish and maintain Regional Disaster Resilience Offices (RDROs) in each
administrative region, to be headed by a Regional Director. The Department shall
create policies and programs to establish collaboration and coordination among the
different RDROs.

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

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


b, Monitor and direct LDROs and PDROs to implement their respective LDRPs and

PDRPs;

c. Recommend to the appropriate local legislative body the enactment of

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ordinances to implement the LDRP, NDRF and relevant national investment
plans at the city, municipal or provincial level, and to comply with other
requirements of this Act;

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

Disburse to, and monitor the use by, LGUs of funds granted by the Department
pursuant to this Act and its IRR;

Provide, upon the request of LGUs or unilaterally at its own discretion,
assistance to LGU(s) within its jurisdiction as necessary to ensure the
implementation of LDRPs/Provincial LORPs, NDRF and relevant national
investment plans, 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

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

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

Establish and maintain, in coordination with the Department, a Regional
Command and Control Center (RCCC), which includes, among others, an
information management system at the regional 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 RDRO to oversee, supervise, monitor and
respond to the needs of LGUs within its jurisdiction in relation to disaster

resilience activities;


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

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

Sec 15. Special Disaster Response Teams. — The RDROs may organize and/or
activate Special Disaster Response Teams (SDRTS) to assist LGUs in responding to
hazards and disasters that are beyond their capacities, as deemed necessary.

Sec. 16. Local Disaster Resilience Offices. - The Local Disaster Risk Reduction
Management Offices in provinces, cities, and municipalities are hereby renamed as
the Provincial, City, and Municipal Disaster Resilience Offices, respectively, and shall
collectively be called the Local Disaster Resilience Offices (LDROs). Provincial, city,
and municipal governments shall establish their respective LDROs.

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

All Local Disaster Risk Reduction Management Councils are hereby abolished.

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

Sec. 17. Local Disaster Resilience Officer. - The LDRO shall be headed by a
full- time Local Disaster Resilience Officer, who shall have a regular plantilla position
and shall be appointed by the local chief executive: Provided, That the qualifications
standards pertaining to experience and training set by the Civil Service Commission


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for the position may be waived by the Department in exceptional cases upon the
request of the local chief executive.
Sec. 18. Powers and Functions of City and Municipal Disaster Resilience Offices.
— The City and Municipal Disaster Resilience Offices shall have the following powers
and functions:

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

Design, program, coordinate, and implement disaster resilience activities
consistent with the standards and guidelines provided by the Department, and
implement the NDRF and the relevant national investment plans at the city or

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municipal level;

Prepare and submit to the Sangguniang Panglungsod or Bavan, as the case
may be, the LDRP, the proposed programming of the LDR Fund, other
dedicated disaster resilience resources, and other funds of the LDRO;

Recommend to the Sangguniang Panglungsod or Bavan, as the case may be,
the enactment of ordinances to implement the LDRP, NDRF, relevant national
investment plans, and the provisions of this Act;

Prepare and submit to the Department a report on the utilization of its Local
Disaster Resilience Fund and other disaster risk reduction and management
resources;

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

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evacuation centers);

g. Operate and maintain, in coordination with the Department, a multi-hazard
early warning and communications system to provide accurate and timely
information to the public;


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h. Organize and conduct training and knowledge management activities on
disaster resilience at the local level, in coordination with the Disaster Research,
Education, and Training Institute;

i, Recommend to the local chief executive the procurement of emergency works,
goods, and services in compliance with the regulations, orders, and policies of
DBM and Government Procurement Policy Board (GPPB), to implement the
LRP or support early recovery and post-disaster activities;

j. Recommend, in coordination with the DOF and other relevant agencies, to the
local chief executive, access to foreign loans to finance projects, programs, and
policies for disaster preparedness, response, recovery, and rehabilitation,
subject to terms and conditions agreed upon by the local government unit and
the lender;

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

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

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

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

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


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

2 The Provincial Disaster Resilience Offices shall have the following powers and

3 functions:

4 a. Formulate and implement, in close coordination with the Department and the

5 local government units under the jurisdiction of the provincial government, a

6 comprehensive and integrated Provincial Disaster Resilience Plan in accordance
7 with the NDRF;

8 b. Review the LDRPs of cities and/or municipalities within its jurisdiction, and

9 require the amendment of such LDRPs if necessary, to ensure compliance with
10 the Provincial DRP and the NDRF;

ll , Design, program, coordinate, or implement disaster resilience activities

12 consistent with the standards and guidelines provided by the Department, and
13 implement the NDRF and the relevant national investment plans at the

4 provincial level;

15 d. Prepare and submit to the Sangguniang Panlalawigan, the Provincial DRP, the
16 proposed programming of the province's Local Disaster Resilience Fund, other
17 dedicated disaster resilience resources, and other funding sources of the PDRO;
18 e, Recommend to the Sangguniang Panlalawigan the enactment of local

19 ordinances to implement the Provincial LDRP, NDRF and relevant national

20 investment plans at the provincial level, and to comply with other requirements
21 of this Act:
2 f. Prepare and submit to the Department, a report on the utilization of the
23 province's Local Disaster Resilience Fund and other disaster risk reduction and
24 management resources;

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

26 Command and Control Center (PCC), which includes, among others, an

21 information management system at the provincial level, which consolidates and
28 integrates information from the cities and/or municipalities within its
29 jurisdiction, a multi-hazard early warning and communications system that is
30 connected with the cities and/or municipalities within its jurisdiction, and a

31 monitoring system that enables the PDRO to oversee, supervise, monitor and


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respond to the needs of cities and/or municipalities within its jurisdiction in
relation to disaster resilience activities;

h. Recommend to the Provincial Governor the procurement of emergency works,
goods, and services in compliance with the regulations, orders, and policies of
DBM and GPPB, to implement the provincial LDRP or support early recovery
and post-disaster activities of the PDRO;

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

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

1. 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. 20. Service continuity of the Department. - To ensure service continuity,
the Department and its regional and attached offices shall be established in a
reasonably resilient location; and/or undertake the necessary interventions to make
its offices and systems disaster- resilient.

ARTICLE V
WHOLE OF GOVERNMENT AND WHOLE OF NATION APPROACH

Sec. 21. Synergy with Stakeholders. - The Department shall ensure seamless
synergy and coordination with stakeholders, including national government agencies,
local government units, government-owned or -controlled corporations (GOCCs),
CSOs, the academe, and the private sector, in relation to disaster resilience programs


and projects and the development and promotion of research, education, and training
mechanisms. The Department shall establish a platform, paradigm, and mechanisms
for convergence and coordination with stakeholders, including the development of
standards, protocols, and procedures for seamless collaboration for disaster resilience.

Sec, 22. Establishment of Multi-Stakeholders convergence Unit. — The
Department, with the assistance of other relevant government agencies and
stakeholders, shall establish a Multi-Stakeholders Convergence Unit (MSCU), which
shall closely engage the private sector, CSOs, academe, and other non-government
stakeholders and strengthen public-private collaboration towards disaster resilience
by way of the following interventions, among others:

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

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

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

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

e. Preparation and facilitation of the issuance of special rules for Micro, Small, and
Medium Enterprises (MSMEs) such as, but not limited to, mechanisms involving
procurement and liquidity to create enabling environments for disaster
preparedness, recovery and building forward better; and

f. Formulation of investment programs for disaster affected areas in partnership
with the private business sector and civil society organizations.

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

Sec. 23. Roles and Responsibilities of Stakeholders. — The commitment,
goodwill, knowledge, experience and resources of relevant stakeholders are critical to
realize a safer, adaptive, resilient and inclusive Filipino community. Citizens have the
shared vision and duty to provide support to the State in the implementation of policies


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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, practitioners, and volunteers shall participate, in
collaboration with public institutions, in the exchange of information, learnings,
and guidance on disaster resilience. The Department shall encourage and
institutionalize their engagement in the implementation of local, regional,
national, and global plans and strategies: enhance public awareness and
promote a culture of disaster resilience;

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

c. Senior citizens, and persons with disabilities shall contribute their knowledge

and experience on disaster preparedness and resiliency;

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

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

resettlement communities;

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

‘Academia, scientific and research entities, and networks are encouraged to
undertake relevant research on disaster resiliency in partnership with the

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Department and other stakeholders for better decision-making;

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

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


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Sec. 24, Disaster Resilience Assembly. — The Department, with the assistance
of RDROs, shall establish and convene a Disaster Resilience Assembly (DRA), at the
regional and national level, which will be held on a semestral basis, or as frequently
‘as necessary to ensure the proactive engagement of the relevant government and
non-government stakeholders, such as the Union of Local Authorities of the Philippines
(ULAP), League of Municipalities of the Philippines (LMP), CSOs, academe, DRRM
practitioners, the private sector, and the national government agencies, among
others, to ensure effective collaboration towards achieving the goals of this Act.

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

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

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

a. Developing capacity, and exchanging knowledge, experiences, and best
practices concerning local government disaster resilience;
b. Fostering inter-operability of the local disaster resilience offices' systems;

Facilitating inter-LGU cooperation and collaboration;

c. Providing inputs and feedback to the Department on resilience concerns at the
local level; and
d. Enhancing synergy in other areas of common concern.

ARTICLE VI
MAINSTREAMING, INTEGRATION AND CONVERGENCE
OF DISASTER RISK REDUCTION


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

Sec. 28. Ecosystem-Based Approach to Prevention and Mitigation,
Rehabilitation and Recovery from Disasters. — The Department shall ensure the
application of ecosystems-based approaches in disaster risk reduction, particularly
through ecosystem management and restoration as defined in this Act, and ensuring
that environmental and natural resource policies are risk-informed.

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

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

The NDOC is a physical center equipped with the necessary tools and systems
to 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 as alternative
or to provide supplemental support to the NDOC. The number and location of ACCCs
shall be determined by the Department as may be necessary in each of the country's
major island groups. Temporary ACCC may likewise be established by the Department,
if necessary.

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


disaster resilience. The DRRTI shall:

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. Establish reliable and up-to-date IDRIS through close and seamless

collaboration with the Department of Science and Technology (DOST),
Department of Information and Communications Technology (DICT), and other
appropriate agencies;

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

Consolidate, organize and/or prepare training materials and publications;
Conduct other activities consistent with promoting the formation and
dissemination of knowledge and information relating to disaster resilience and
disaster management;

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; and

. Consult and coordinate with, and consolidate information/data from, relevant

government agencies, such as, but not limited to, DOST, LGUs and relevant
CSOs to enhance the IDRIS and to promote knowledge sharing among all
stakeholders.

Sec. 31. Compliance and Accreditation of DRRTI with International Standards.

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

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

Sec, 32. Integrated Disaster Resilience Information System. — The Department.


shall establish a National and Regional Information Management System for Disaster
Resilience, which shall be a database of all relevant disaster risk reduction and climate
change data, including a geographic information system on geo-hazard assessments
and climate risk. It shall be the repository of current and multi- temporal information
for wide-scale disaster risk analysis. The IDRIS shall be accessible at all times to the
responsible officials and entities to enable the timely, reliable, and accurate collection,
processing, analysis, and dissemination of information to support overall decision-
making and effective coordination at both the national and sub-national level. The
protocols and procedures for this shall be defined in the IRR of this Act.

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

ARTICLE IX
DISASTER RISK TRANSFER,
INSURANCE AND INCENTIVES

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

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

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


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the Department and/or DOF may engage or require the participation of
government banks, insurance agencies and financial institutions,

c. To attain disaster resilience and to achieve the purposes of this Act, the
Department shall have the discretion and authority to require government
agencies and GOCCs to insure their assets and/or properties such as, among
others, vessels, vehicles, equipment, machineries, permanent buildings,
properties stored therein, or properties in transit, against insurable risks and
pay the premiums therefor, to compensate the Government and/or GOCC,
as applicable, for any damage to, or loss of properties due to a natural
disaster.

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

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

ARTICLE X
PREPAREDNESS AND INTEGRATED EARLY WARNING

Sec. 36. Standards for Disaster Preparedness Activities. —

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

relevant preparedness acti


b. The LGUs shall identify safe and strategic sites, and establish evacuation
centers with appropriate and adequate facilities in accordance with
government-approved standards as provided under Republic Act No. 10821,
otherwise known as "The Children 's Emergency Relief Protection Act", to
avoid disruption of school classes and lessen the use of schoo! buildings and
facilities as evacuation centers.

The LGUs shall immediately compensate said schools used as evacuation
centers. The schools may seek compensation for renovation, replacement, or repairs
of damaged facilities for such use.

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

a. There shall be a 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.

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

Sec. 38. 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 timely and act
appropriately to minimize potential harm or loss.

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

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


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

e. The Department at the national and local level shall use an integrated early
warning system to ensure it is consistent and locally contextualized with the
communication protocol and safe evacuation procedure of the affected
communities.

The Department 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.
‘The Department shall recognize and proactively support local or indigenous
modes of early warning systems and allow open access to near real-time data

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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.

ARTICLE XI
DISASTER RESPONSE AND EARLY RECOVERY

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

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


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Sec. 40. Levels of Responsibility for Disaster Preparedness and Response. —
The primary responsibility for disaster preparedness and response shall be exercised

at the local or national level, as applicable, in close and seamless collaboration with

the relevant national government instrumentalities, non-government stakeholders,
and international partners. The four levels of responsibility and the conditions that

warrant each are as follows:

LEVELS OF
RESPONSIBILITY

RESPONSIBLE
OFFICIALS

CONDITIONS

Level 1: City or
Municipality

Lead Official:
Mayor of the affected city
or municipality

Support:
City or Municipal Disaster
Resilience Officer

If a disaster affects a
single city or municipality

Level 2: Province

Lead Official:
Provincial Governor of the
affected province

Support:
Provincial

Disaste
r Resilience Officer

Municipal and/or City
Disaster Resilience
Officers concerned

Tf a disaster affects two or
more municipalities and/or
ities within a province

Level 3: Region

Lead Official:
Regional Director, DDR

Support:
Governors of
provinces

affected

Concerned
Disaster

Provincial

Resilienc
e Officers

Level 4: National

Lead Official:
Secretary of
Resilience (SDR)

Disaster

Support:
Governors concerned

a. If a disaster affects
at least two (2)
regions;

b. When the LGU is
unable to
effectively cope



with the risk and/or
Disaster impact of a hazard;
Resilienc or

e Officers concerned c. When the President
directs a Level 4
response or
declares a state of
calamity.

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

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

Sec. 43. Accreditation, Mobilization, and Protection of Disaster Volunteers and
National Service Reserve Corps, CSOs and the Private Sector. - The government.
agencies, CSOs, private sector and LGUs may mobilize individuals or organized
volunteers to augment their respective personnel complement and logistical
requirements in the delivery of disaster risk reduction programs and activities. The
agencies, CSOs, private sector, and LGUs concerned shall take full responsibility for
the enhancement, welfare and protection of volunteers, and shall submit the list of
volunteers to the Department, through the LDROs, for accreditation and inclusion in
the database of community disaster volunteers.

A national roster of Accredited Disaster Resilience Volunteers and Institutions,
National Service Reserve Corps, CSOs and the private sector shall be maintained by
the Department through the LDROs. Accreditation shall be done at the municipal or

city level.


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The mobilization of volunteers shall be in accordance with this Act and
implementing guidelines to be formulated by the Department. Any volunteer who
incurs death or injury while engaged in any of the activities defined under this Act
shall be entitled to compensatory benefits and individual Personnel accident insurance
as may be defined in the IRR.

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

ARTICLE XII
HUMANITARIAN ASSISTANCE

Sec. 45, Management of Humanitarian Assistance, —

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

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

Sec. 46. International Humanitarian Assistance. - The Department shall
Promulgate guidelines on international humanitarian assistance, including the
initiation, entry, facilitation, transit, regulation and termination thereof, as well as
those involving international disaster relief and Personnel assisting international
actors, visa waiver, recognition of foreign professional qualifications, entry of
international disaster goods and equipment, and exemption from port duties, taxes,
and restrictions.


Cm YAH eo D

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

a. Immediately after the declaration of a state of calamity by the local
Sanggunian of the relevant local government unit or by the Department, as
the case may be, the Department shall determine whether domestic
Capacities are likely to be Sufficient to attend to the needs of affected
Persons for international humanitarian assistance, This determination may
also be made, at the discretion of the President, prior to the onset of an
imminent disaster.

b. In the event of a determination by the Department that domestic response
Capacities are not likely to be Sufficient due to the impact of the disaster,
the Department shall recommend to the President that a request be made
for international humanitarian assistance,

¢. A determination that domestic capacities are likely to be sufficient and that
international humanitarian assistance is therefore unnecessary may be
reviewed and rescinded by the Department, with the approval of the
President, at any time, in light of Prevailing circumstances and available
information.

Sec. 48. Humanitarian Assistance Action Center. - The Department shall create
an inter-agency one-stop shop mechanism called the Humanitarian Assistance Action
Center (HAAC) for the processing and release of entry and facilitation of goods, articles
Or equipment and services and international relief workers for the provision of
international humanitarian assistance and the Processing of necessary documents for
assisting international actors,

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

a. Bureau of Customs;

b. Department of Foreign Affairs;

¢. Department of Social Welfare and Development;

d. Department of Health;

€. Food and Drug Administration;

f. Department of. Agriculture;

g. Department of Energy;


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h, Department of National Defense;

Philippine National Police;

J. Philippine Coast Guard; and

k. Bureau of Immigration,

Sec. 49, Request for international Humanitarian Assistance. —

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

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

Sec. 50. Regulation of Humanitarian Assistance. -

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

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

ARTICLE XIII
OFFER AND FACILITATION OF HUMANITARIAN ASSIST; (ANCE
TO FOREIGN STATES

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

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


Cerda Heo

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

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

ARTICLE XIV
RECOVERY
Sec. 53, Standards for Recovery. — The Department shall observe
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";

Use locally-driven, centrally-supported processes based on legal mandates
with supplementary capacity support when requested;

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

Employ outcome-driven planning and implementation;

Maximize use of Private-Public sector partnership where possible;

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

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

. Ensure restoration of peace and order and recovery of government

functions.

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ARTICLE XV
REMEDIAL MEASURES UNDER STATE OF CALAMITY


Caer AKHann

Sec. 54. Declaration of State of Calamity. — A state of calamity may be declared

when any of the following requisites are present:

a. A natural hazard, including climate change, poses imminent threat to human
life and/or danger to property; or

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

The following shall exercise this power, respectively:

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

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

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

‘Sec. 55. Remedial Measures under State of Calamity. — Upon the declaration of

a state of calamity, the following remedial measures shall be immediately undertaken
by concerned government agencies at the national and local levels:

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

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

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

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


Cer AHR OD

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

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

ARTICLE XVI
PROCUREMENT

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

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

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

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

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

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

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

"Government Procurement Reform Act", and its implementing rules and
regulations;


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

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

Affected Areas. —

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

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

Sec. 59, Procurement from Qualified Suppliers or Contractors. — As an exception

to the provisions of Republic Act No. 9184, otherwise known as the "Government
Procurement Reform Act", and its implementing rules and regulations, 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. The conditions,
limitations, application processes, eligibility requirements and assessment criteria for
local and foreign suppliers and contractors shall be provided in this Act's IRR.

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

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


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

Sec. 61. Other Procurement Rules and Policies. — In view of the urgency and
to avoid unnecessary delays to procure goods, services, and implement projects for
the purpose of providing responsive, effective, and efficient rescue, recovery, relief,
and rehabilitation efforts for, and to continue the provision of basic services to,
disaster victims or disaster affected areas, the DBM and GPPB shall issue appropriate
resolutions, orders, and policies to effectively implement the provisions of this Act.

Sec. 62. Government Accounting and Auditing Policies. — The COA shall review,
align, and issue policies or rules to improve the efficiency and expediency of
Procurement and audit processes for programs and projects related to disaster
resilience and management.

ARTICLE XVII
SPECIAL RULES ON BORROWINGS AND TAXES

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

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


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

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

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

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

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

Sec. 65. Customs Duties and Tariffs on Donations. - The BOC shall create rules
that would, among others, hasten the processing and release of donated goods and
equipment to disaster victims and/or affected areas.

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

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

ARTICLE XVIII
PROHIBITED ACTS AND PENALTIES


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

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

Public officials without justifiable cause, shall be considered as gross neglect
of duty:
1. Dereliction of duties that leads to destruction, loss of lives, critical
damage of facilities and misuse of funds;
2. Failure to enforce laws, standards, or regulations such as the
National Building Code, Solid Waste Management Act, Water Code,
and other relevant laws, leading to destruction, loss of lives, and/or
critical damage of facilities;
Failure to create a functional LDR Office within six (6) months from
the approval of this Act;

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Failure to appoint a permanent local disaster resilience officer within
six (6) months from approval of this Act:
Failure to prepare and implement a Contingency and Adaptation Plan
for hazards frequently occurring within their jurisdictions;
Failure to formulate and implement the LDRP with the corresponding
budget allocation; and
Sexual exploitation and abuse and other forms of sexual misconduct
‘on the affected population or at-risk communities.
b. Prohibited Acts of Public Officials and Private Persons or Institutions. -

1, Delay, without justifiable cause in the delivery, proper handling or

storage of aid commodities, resulting to damage or spoilage; (2)

2. Withholding the distribution of relief goods due to (i) political or
partisan considerations; (ii) discrimination based on race, ethnicity,
religion, or gender; and (iii) other similar circumstances;

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

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. Buying, for consumption or resale, from disaster relief agencies any
relief goods, equipment or other and commodities, which are
intended for distribution to disaster-affected communities;

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

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

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

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

9. Accepting, possessing, using or disposing relief goods, equipment or

other aid commodities not intended for nor consigned to him or her;

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

commodities by:

i, Either covering, replacing or defacing the labels of the

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containers to make it appear that the goods, equipment or
other aid commodities came from another agency or persons;

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

ili, Making false verbal claim that the goods, equipment or other
and commodity in its untampered original containers actually


came from another agency or persons or was released upon
the instance of a particular agency, person, or persons;

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

12. Illegal solicitations by persons or organizations representing others
as defined in the standards and guidelines set by the Department;

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

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

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

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

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

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

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

a. The penalty of imprisonment of not less than twelve (12) years but not more
than fifteen (15) years or a fine of not less than One Million Pesos (Php
1,000,000.00) but not more than Three Million Pesos (Php3,000,000.00), or
both imprisonment and fine at the discretion of the court shall be imposed
upon any person found guilty of violating subsections (a)(1) to (b)(16) of
the preceding section, as well as the confiscation or forfeiture in favor of
the government of the objects and the instrumentalities used in the
commission of the prohibited acts;


b. The penalty of imprisonment of not less than six (6) years but not more
than eight (8) years or a fine of not less than Five Hundred Thousand Pesos
(Php 500,000.00) but not more than One Million Pesos (Php 1,000,000.00),
or both imprisonment and fine at the discretion of the court, shall be
imposed upon any person who attempts to commit any of the prohibited
acts in the preceding Section, in violation of Subsection (b)(17) thereof;

c. The penalty of imprisonment of not less than two (2) years but not more
than six (6) years or a fine of not less than Two Hundred Thousand Pesos
(Php 200,000.00) but not more than Five Hundred Thousand Pesos (Php
500,000.00), or both imprisonment and fine at the discretion of the court,
shall be imposed upon any person found guilty of unlawfully benefiting from
the proceeds or fruits of any of the prohibited in the preceding section, in
violation of subsection (b)(18) thereof;

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

If the offender is a corporation, partnership or association, or other ‘Juridical
entity, the penalty shall be imposed upon the officer or officers of the
corporation. partnership, association or entity responsible for the violation
without prejudice to the cancellation or revocation of these entities'
registration, license or accreditation issued to them by any 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 sentence;

Payment of the full cost of repair or replacement of the government risk
reduction and preparedness equipment, accessories and other vital facility
items, or any part thereof; which is the object of the crime shall likewise be
imposed upon any person who shall commit any of the prohibited acts in
the preceding Section; and

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9. The prosecution for offenses set forth under the preceding section shall be
without prejudice to any criminal liability for violation of Republic Act No.
3815, as amended, otherwise known as the “Revised Penal Code", and other
existing laws, as well as the imposition of applicable administrative or civil
liabilities.

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

Sec. 70. Disciplinary Powers of the President. - The President, subject to the
recommendation of the Department Secretary and the Department of the Interior and
Local Government (DILG), shall have the power to impose administrative sanctions
against local chief executives and barangay officials for willful or negligent acts that
relate to the implementation of, or compliance with, this Act and its IRR or relating to
their official functions, which adversely affect disaster resilience projects such as, but
Not limited to, delayed issuance of permits or failure to implement local ordinances.

ARTICLE XIX
DISASTER RESILIENCE FUND

Sec. 71. Appropriations and Management of Disaster Resilience Fund. — The
budget of the Department shall be composed of the following, which shall be
collectively called the Disaster Resilience Fund:

a. Annual General Appropriations - shall provide the funding requirements for,
among others, research, operations, maintenance, plans, and Programs of
the Department of Disaster Resilience, including, but not limited to,
establishment of evacuation centers, retrofitting of — structures,
establishment of emergency operating centers, and implementation of other
disaster risk reduction projects.


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

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

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

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

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

Sec. 74. Local Disaster Resilience Fund and Local Disaster Contingency Fund.
— LGUs shall annually set aside not less than ten percent (10%) of their local budget,
to constitute a Local Disaster Resilience Fund (LDRF). The LGU shall use its LDRF to
maintain and operate its local disaster resilience office to maintain its officers,
employees and staff, and to implement plans, programs and activities under its LDRP.
Thirty percent (30%) of the LORF shall be set aside as Local Disaster Contingency
Fund (LDCF), which shall be used for disaster response and quick recovery measures.


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

Sec. 75. Supplemental LDRF. - The Department may allocate and disburse
funds to supplement an LGU's LDRF based on the parameters and requirements
indicated in the IRR. In determining such parameters and requirements, the IRR shall
aim to provide supplemental funds to LGUs with low income and/or high exposure 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, among others, implementing their LDRP/Provincial LDRP, establishing their local
disaster resilience offices, obtaining and/or maintaining the necessary equipment and
staff in their local disaster resilience offices, and implementing the NDRF and at the
local levels.

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

Sec. 77. Multi-Donor Trust Fund. - The Department 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. 78. Financial Administration. — The Department shall manage all finds
appropriated to it by Congress and received from other sources. The Department shall
also manage all donations received by it, subject to the auditing powers of the COA.
To fund its operations, the Department shall have the power to collect fees derived
from the DRRTI and other related activities.

ARTICLE XX
SPECIAL COURTS AND INJUNCTIONS


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Sec. 79, 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 designate special courts to hear, try,
and decide cases arising from the following, among others:

a. Expropriation, eminent domain or right-of-way issues related to the

implementation of disaster resilience projects;

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

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

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

Sec. 80. Dispute Resolution Mechanisms. - The Department shall establish a
Disaster Resolution Board, which shall resolve disputes involving administrative
matters related to:

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

b. Decisions of the RDROs;

¢. Contracts entered into by the Department or any of its agents pursuant to
the provisions of this Act; and

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

The composition, structure, and other organizational matters related to the DRB

shall be defined and provided in this Act's IRR.

Sec. 81. Imposition of Temporary Restraining Order. — No Court, except the
‘Supreme Court, shall have the power to issue an injunction or a temporary restraining
order against any action taken or projects implemented by the Department or its
agents pursuant to this Act.

ARTICLE XXI
FINAL PROVISIONS


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

a. All the functions of the Climate Change Commission (CCC);

b. Natural disaster-related functions of the National Disaster Risk Reduction
and Management Council (NDRRMC) and the Office of Civil Defense (OCD);
and

c. Natural disaster-response functions of the Department of Social Welfare and
Development (DSWD).

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

Sec, 83. Transfer of Resources. — The transfer of powers and functions listed
above shall include the corresponding funds and appropriations, plantilla positions,
data, records, equipment, facilities, properties and other resources of the concerned
government instrumentalities. The Department shall have the power to reorganize or
reallocate these resources and positions, as may be necessary to attain the goals and
objectives of this Act.

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

Sec. 85. Post-Disaster Shelters. - The Department shall establish a post-
disaster shelter recovery policy framework for low-income/informal settler families,
with the assistance of the appropriate housing agencies and the applicable LGUs. It
shall determine, among others, the appropriate shelter modalities depending on the
following phases: emergency, temporary or transitional, and permanent. The
Department shall likewise identify, assess, and decide on safe zones for the
implementation of recovery or rehabilitation projects.


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

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

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

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

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

Sec. 89. Structural Audit of Government Buildings and Critical Infrastructure. —
The Department shall be assisted by the DPWH, DOTr, Department of Energy (DOE),
DOH, DepEd, DICT, DILG, local building officials, and other relevant government
instrumentalities and stakeholders, in ensuring the effective and expeditious conduct
of structural audit, as often as necessary, on government buildings, critical
infrastructure, and private structures to attain the disaster risk reduction goals of this
Act.


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

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

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

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

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

Sec. 93. Separation Benefits of Officials and Employees of Affected Agencies. —
National government employees displaced or separated from service as a result of this
Act shall be entitled to either separation pay and other benefits in accordance with
existing laws, rules, or regulations, or be entitled to avail themselves of the privileges
provided under a separation plan that shall be one and one-half month salary for every
year of service in the government.


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

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

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

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

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


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

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

Sec, 100. Repealing Clause. — The provisions of Republic Act no. 10121,
Republic Act no. 7160, Republic Act no. 7916, Republic Act no. 9184, and all other
laws, decrees, executive orders, proclamations and other executive issuances, which
are not consistent with or contrary to the provisions of this Act, are hereby repealed
or amended.

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

Approved,