Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4710

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

EXPLANATORY NOTE

The Philippines ranks third as the most prone country to the occurrence of extreme
natural calamities according to the 2018 World Risk Index. The distinct geography of the
country exposes it to natural hazards. Lying right in the Pacific Ocean, surrounded by bodies
of water, the Philippines is hit, on the average, with 20 typhoons annually. Add to this the
presence of 25 active volcanoes in the country making earthquake a natural occurrence.

These factors have all contributed to at least 70,000 casualties and at least USD 23B in
damages since 1990 according to a report by the Global Facility for Disaster Risk Reduction
and Recovery.

Thus, we need to amend our Disaster Risk Reduction and Management Law.

Although we have Republic Act 10121 in place, the recent major disasters have exposed
its weaknesses. For one, it was extremely difficult to carry out the heavy responsibility of
concretely integrating the disaster risk management framework in the national and local
planning processes while ensuring that these institutions tasked with safeguarding
environmental protection, health and well-being, sustainable livelihood, social protection, and
the regulation of public and private infrastructure are actually equipped with skills and
knowledge necessary for effective risk assessments and vulnerability reduction in order Prevent
and mitigate the impacts of disasters.

Also, RA 10121 failed to create an institution that is in a sufficiently in a high position
to oversee the implementation of disaster risk reduction and management policies nationwide.
Our experience during Yolanda revealed the problems encountered in coordinating large-scale
disaster risk reduction and management efforts- the very nature of our governance framework
must be revised.


It is high time for the country to have its distinct Department of Disaster Resilience
(‘DDR’). Through Congress, we need to take a decisive step towards resiliency, stability, and
full readiness when it comes to disasters.

The DDR, which will be headed by a Secretary, shall be the primary agency responsible
for leading, organizing, and managing the national effort to reduce disaster risk, prepare for
and respond to disasters, recover and rehabilitate, and build back better infrastructure after
disaster strikes.

It shall also oversee and coordinate the preparation, implementation, monitoring, and
evaluation of disaster and climate change resilience plans, programs, projects, and activities.

With a DDR, the country will be assured of 1) a unified command, 2) full time focus
on resilience to natural hazards, 3) a primary agency that will take-over in times of disaster, 4)
a rationalized use of disaster funds, 5) more efficient procurement of needed materials and
supplies, 6) a science- and ICT-based approach of government, 7) an agency with a highly
specialized function manned with highly-skilled personnel, and 8) an institutional partnership
with LGUs, and NGOs, and the academe.

This proposed measure is the product of lessons learned and identified during the past
disasters while applying the mechanisms laid out by RA 10121. In sum, there is a need for a
‘strong and independent regulator and monitoring body that will better guarantee an effective
response.

The approval of this, in order to save lives and property, is hence earnestly sought.

> P
one
.USTINO ‘INNO’ A. DY V


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4710
HOUSE BILL NO.

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

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!
GENERAL PROVISIONS

SECTION. 1. Short Title. - This Act shall be known as the “Disaster Resilience Act of 2019”.
SEC. 2. Declaration of Policies and Principles. - The State shall:

a) Protect the lives and properties of its citizens by addressing and preventing the
causes of vulnerabilities to natural disasters;

b) Inculcate a culture of resilience and preparedness for natural disasters at the
national, regional and local levels;
©) Establish a strong and empowered institution capable of responding to the “new

normal” of natural disasters and climate change, and spearhead efforts to ensure
disaster resilience by delivering on the highly critical and intertwined functions
of disaster risk reduction, preparedness and response, and recovery and building
forward better;


d) Address the differentiated concerns and needs of sectors with special needs or

higher vulnerabilities such as women, children, elderly, persons with disabilities,
and indigenous peoples with respect to disaster resilience and disaster
management;

©) Protect the nation’s historical and cultural heritage and resources from natural
hazards;

) Integrate and accelerate the implementation of the principles, concepts and action
plans of climate change and disaster risk reduction contained in the
abovementioned 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;

8) Foster an enabling environment for substantial and sustainable participation of
non-government stakeholders such as the academe, Civil Society Organizations
(CSOs), private sector groups, volunteers and communities in disaster resilience
programs and projects;

h

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; and

i) Strengthen the chain of command and establish a unified command system to
enhance our country’s disaster resilience.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms shall be defined

as follows:

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

b. Assisting Actor refers to any assisting international actor and any assisting domestic
actor responding to a disaster in the country;

¢. Assisting Domestic Actor refers to any not-for-profit entity established under domestic

laws, which is responding to a disaster in the country;

2


I. Assisting International Actor refers to any foreign state, organization, entity or
individual responding to a disaster within or transiting through the country to respond
to a disaster in another country;

- Biological hazards refer to hazards that are of organic origin or conveyed by biological
vectors, including pathogenic microorganisms, toxins and bioactive substances,
Examples are bacteria, viruses or parasites, as well as venomous wildlife and insects,
Poisonous plants and mosquitoes carrying disease-causing agents;

Building Forward Better is an approach to building, reconstructing, and/or
rehabilitating an area or community that entails a shift from simple recovery and
restoration to safer, more adaptive, resilient, and inclusive communities;

;- Business Continuity refers to the capacity of a business entity to continue the delivery
of its products and/or services at acceptable pre-defined levels following a disruptive
incident;

|. Capacity refers 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) refer to non-state actors whose aims are neither to
generate profits nor seek governing power but to unite people behind shared goals and
interests. They have a presence in public life, expressing the interests and values of
their members or others, and are based on ethical, cultural, scientific, religious or
philanthropic considerations. CSOs include NGOs, professional associations,
foundations, independent research institutes, community-based organizations (CBOs),
faith- based organizations, people’s organizations, social movements, and labor unions;
Climate Change refers to a change in the state of the climate that can be identified by
changes in the mean and the variability of its properties, and that persists in an extended
period, typically decades or longer, whether due to natural internal processes or external
forces such as modulation of the solar cycles, volcanic eruptions and persistent
anthropogenic changes in the composition of the atmosphere or in land use;

. Climate Change Mitigation refers to efforts to reduce or limit greenhouse gas emissions

3


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 provision of land for resettlement sites;

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

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

. Disaster Response refers to the provision of emergency services and public assistance
during or immediately after a disaster in order to secure and save lives, reduce health
impacts, ensure public safety and meet the basic subsistence needs of the people

affected. Disaster response includes disaster relief focused on immediate and short-term
needs of victims and vulnerable;

. Disaster Resilience Fund refers to the budget managed by the Department, which
includes funds appropriated to it by Congress pursuant to an Appropriations Act, the

Disaster Contingency Fund, and the Rehabilitation and Recovery Fund;

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

. Disaster Risk Governance refers to the way in which the public authorities, civil
servants, media, private sector, and civil society collaborate at the community, regional
and national levels to manage disaster and climate related risks. This means ensuring
that sufficient levels of capacity and resources are made available to the relevant actors

and stakeholders to prevent, prepare for, manage and recover from disasters. It also

5


or enhance greenhouse gas sequestration;
Cultural Heritage refers to the totality of cultural property preserved and developed
through time and passed on to posterity;

. Contingency Planning refers to a management process that analyzes specific potential
events or emerging situations that might threaten society or the environment and
establishes arrangements in advance to enable timely, effective and appropriate
Tesponses to such events and situations;

._ Department refers to the Department of Disaster Resilience or the DDR;

._ Development Assistance refers 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 refers to an evolving concept that results from the interaction between
persons with impairments, as defined under RA No. 7277, and attitudinal and
environmental barriers that hinder their full and effective participation in society on an
equal basis with others;

. Disaster refers to a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses and impacts,
which exceeds the ability of the affected community to cope using its own resources.
Unless otherwise specifically indicated in this act, the term “disaster” shall refer to
“natural disaster”;

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

. Disaster Mitigation or Mitigation refers to the lessening or limitation of the adverse
impacts of hazards. Mitigation measures include the application of engineering
techniques and construction of hazard-resistant structures as well as improved
environmental, land use planning, climate change and other sectoral policies and public
awareness;

Disaster Preparedness refers to the knowledge and capacities developed by
governments, professional response and recovery organizations, communities and
individuals to effectively anticipate, respond to, and recover from, the impacts of likely,
imminent or current hazard events or conditions. It includes preparedness for response

4


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 refers to the systematic process of using administrative
directives, organizations, and operational skills and capacities to implement strategies,
Policies and improved coping capacities to lessen the adverse impacts of hazards and
the possibility of disaster;

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

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

de

&

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

ce. Emergency refers to an unforeseen or sudden occurrence, especially danger, demanding

immediate and decisive action;

ff. Emergency Management refers to the organization and management of resources and

responsibilities for addressing all aspects of emergencies, in particular preparedness,
response and initial recovery steps:

8g. Environmental hazards refer to 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
in themselves, such as soil degradation, deforestation, loss of | biodiversity, salinization,
and sea-level rise;

hh. Exposure refers to the degree to which the elements at risk are likely to experience

hazard events of different magnitudes;

ii, Geographic Information System (GIS) refers to a system used to capture, store,

manipulate, manage and display all types of spatial or geographical data;

ij. Geographically Isolated and Disadvantaged Area (GIDA) refers to an area with a

6


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 — (high
Poverty incidence, presence of vulnerable sector, communities in or recovering from
situation of crisis or armed conflict);

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z

. Geological or geophysical hazards 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 other geological events, they essentially become an oceanic process
that is manifested as a coastal water-related hazard;

Il. Hazard refers 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;

Historical landmarks refer to sites or structures that are associated with events or

achievements significant to Philippine history as declared by the National Historical

Institute or the applicable agency;

nn. Human-Induced Hazard refers 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 refers to financial, material or other similar forms of

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

pp. Hydrometeorological hazards 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


4a.

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—

w.

hazards such as landslides, wildland fires, locust plagues, epidemics, and in the
transport and dispersal of toxic substances and volcanic eruption material;

Impact and needs assessment refers to assessing the nature and magnitude of a disaster,
its impact on affected populations, the type and extent of emergency, and the
requirements for recovery and rehabilitation of the affected area(s);

. Imminent Danger refers 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;

Integrated Disaster Resilience Information System refers 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;

. International Disaster Relief and Initial Recovery Period refers 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;

. Internally Displaced Persons refers 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;

. International Personnel refers 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;

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

Legal Facilities 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;

8


bbb.

yy. Local Disaster Resilience Plan (LDRP) refers 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 management at the local level;
z. National Continuity Policy is 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;
National Disaster Resilience Framework (NDRF) is 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 from the effects
ofa 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
(NDRRMP), and National Framework Strategy on Climate Change (NFSCC);
National Disaster Resilience Plan and Investment Program (NDRPIP) refers 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;
Natural Hazard refers to a 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, severe winds, typhoons, storm surges), climatological

9


ddd.

gee.

variability (extreme temperatures, El Nifio, La Nifia, forest fires), or biological (disease,
epidemics and insect/animal plagues);

Open Data refers 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 placed on how people can use such data but
permit a data provider to require that data users credit them in some appropriate way,
make it clear if the data has been changed, or that any new datasets created using their
data are also shared as open data;

Pre-Disaster Recovery Plan refers 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;

Pre-Disaster Risk Assessment (PDRA) refers 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;

Recovery refers 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;

Rehabilitation refers to restoration of basic services and facilities for the functioning of
a. community or a society affected by a disaster;

Response refers 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;

10


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mmm.

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PPP.

qaqq-

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Retrofitting refers to the reinforcement or upgrading of existing structures to make them
more resistant and resilient to the damaging effects of hazards;

Risk Assessment refers 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;

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

Safety stock refers 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;

Service Continuity refers to the capacity of a government instrumentality to continue
delivering its mandated outputs and/or services to the public during and after a disaster;
‘State of Calamity refers to a condition involving endangerment 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);

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

‘Sustainable Development refers to development that meets the needs of the present
without compromising the ability of future generations to meet their own needs;
Volunteers 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;
Vulnerability refers 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

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hazards;

tt, Whole-of Society Approach is an approach that encourages the meaningful and active
Participation and synergy of the different stakeholders of society toward climate change
adaptation and mitigation, and disaster risk reduction and management at the national
and local levels;

uuu. Whole-of-Government Approach — 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

vwv.  Whole-of-Nation Approach is 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 RESILIENC
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.

SEC. 5. Mandate. - 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 plans, programs, projects and activities to
reduce the risk 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 mandate of the Department shall cover all natural hazards, including the effects of
climate change, such as the following:
1. Geological Phenomena and Related Hazards
a. Earthquake — ground rupture, ground shaking, liquefaction, tsunami, fire,
and landslides;

12


b. volcanic activity ~ ash fall, pyroclastic flow, lava flow, lahar, fissuring,
voleanic gas, and seiche (lake water oscillation);
C. Mass movement — landslides, debris flow, sinkholes;
2. Hydrological and Meteorological Phenomena and Related Hazards
a. Tropical cyclone ~ severe winds, storm surge, hail;
b. Flood;
. Erosion;
3. Climatological variability
a. EINifio;
b. Extreme temperatures;
c. La Nifia; and
d. Solar radiation, among others.

The Department shall oversee and coordinate the preparation, implementation,
monitoring, and evaluation ofdisaster 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, LGUs, CSOs,
and other stakeholders, as applicable.

SEC. 6. Powers and Functions of the Department. - The Department shall exercise and
perform the following powers and functions:

1. Overall Functions

a. 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 PDP and the relevant climate change and DRR
frameworks as anchors;

b. 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:

13


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

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

€. 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;

f. 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;

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

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

i, Advise the President on matters concerning disaster resilience and make

recommendations, as appropriate; and

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.
2. Disaster Risk Reduction

a. 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;

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

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

d. Formulate plans and programs to establish and implement government

14


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

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

Develop and implement policies and Programs related to the construction of
hew 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;

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

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

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

Create an enabling environment that shall Promote broader multi-stakeholder
Participation for disaster risk reduction and climate change adaptation and
mitigation;

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

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;
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;

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

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

15


overall goals and intended outcomes of this key result area.

3. Disaster Preparedness and Response

a.

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

. Ensure the efficient prepositioning of goods, maintenance, and disposal of

safety stocks;

» Prepare pre-disaster recovery plans in anticipation of future disasters by

engaging the community and planning for recovery activities that are
comprehensive and long-term;

|. Establish a corps of first responders in partnership with national and local

stakeholders, both public and private;

Formulate standards for contingency planning for adoption by both national

government agencies and local government units;

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;

Oversee and maintain a national early-warning and emergency alert system that

must provide hazardsspecific, areas-focused and time-bound waming that are
accurate, timely, understandable and readily accessible to national and local
emergency response organizations and the general public;

. Implement pre-disaster risk assessments to include deployment of rapid

assessment teams to gather information for precise actions as a basis for
emergency preparedness and humanitarian response;

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

Establish and maintain a national humanitarian logistics system with a network
of warehouses, transport and resources, including response assets and disaster

relief food and non-food items;
16


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

I. Implement Pre-Disaster Risk Assessments to include deployment of rapid
assessment teams to gather information for precise actions as a basis for
emergency preparedness and humanitarian response;

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

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

©. 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;

p. 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;

q. 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;

t. By the authority of the President, secure the assistance of the Armed Forces of
the Philippines (AFP), 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

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

4. Recovery and Building Forward Better
a. Prepare, organize, lead, implement, and manage post-disaster assessment and

7


recovery and rehabilitation programs and plans, in coordination with the affected
local governments units, national government agencies, and other stakeholders;

b. 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;

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

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

€. 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:

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

8. 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

a. 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;

b. Provide operating guidelines to the LDROs for the Declaration of Imminent
Disaster in their respective areas, which shall allow them to implement
preemptive measures and use their quick response funds in order to save lives
and minimize damage to property, loss of livelihood, and other assets;

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

d. 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;

18


._ Administer, mobilize, monitor, and oversee the utilization of disaster resilience-
related funds, including, but not limited to, the National Disaster Resilience
Fund and the Supplemental Disaster Resilience Support Fund for low income
Provinces, cities, and municipalities, and multi-hazard local government units;
Inspect and examine the status of projects, programs, and activities undertaken
by national government agencies and local government units in furtherance of
disaster resilience efforts;

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

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

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

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;

- 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;

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

. 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;
In consultation with the COA, promulgate rules and regulations for the

retention, re-exportation, donation, and disposition of unused goods and

19


equipment after the termination of disaster relief and initial recovery operations;

©. 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

P. 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 HT
EMERGENCY MEASURES,

SEC. 7. Emergency Measures. — (a) The Department may 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.

Emergency measures, including preemptive and forced evacuations, shall be carried
out with the primordial goal of saving lives and minimizing loss of property and livelihood,
while respecting the dignity and culture of persons, observing equality, and using proportionate
force, and with conscious attention to the needs of vulnerable and marginalized groups.

Appropriate steps shall be taken to inform the public of the need to implement
emergency measures, such as evacuations, for their safety.

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

Forced evacuation shall be considered as an emergency measure of last resort that may
be undertaken in anticipation of, during, or after a disaster and carried out by the affected local
government unit, pursuant to a duly issued order by the local chief executive: Provided, That

20


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.

(b) Whenever it becomes 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 shall 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.

(4) 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 payment of just compensation.

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

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

ARTICLE IV
ORGANIZATION AND MANAGEMENT

SEC. 8. The Secretary. - The Department shall be headed by the Secretary of Disaster
Resilience, hereinafter referred to as the Secretary, who shall be appointed by the President,
subject to confirmation by the 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

21


acumen,
SEC. 9. 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

b)

°)

4d)

©)

8)

s)

h)

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

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

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

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

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;

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;

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

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

President.

SEC. 10. 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

22


operations of the Department:
a) Disaster Risk Reduction — the formulation, adoption, and implementation of

b)

©)

qd

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;
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
repositioning and distribution of goods;
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
‘Support to Operations — the formulation and implementation of policies, programs,
projects, and activities to ensure the efficient, effective, and responsive performance
of the Department’s mandate, powers, and functions. Support to operations includes
knowledge management, institutional development and planning, finance,
administration, and human resources management.

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

SEC. 11. 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. 12. 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,

23


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

SEC. 14. 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. 15. 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;

©) Recommend to the appropriate local legislative body the enactment of 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;

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

e) Disburse to, and monitor the use by, LGUs of funds granted by the Department

24


8)

h)

i

k)

m)

SEC. 17.
Management Offices in provinces, cities, and municipalities are hereby renamed as the

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
LDRPsProvincial LDRPs, NDRF and relevant national investment plans, and to
render efficient and timely disaster preparedness, response and recovery measures;
Identify and report to the Department issues and problems relating to, or affecting,
the disaster resilience of LGUs within its jurisdiction, and make recommendations
to the Department and/or to the LGUs to address such issues or problems;
Formulate and establish mechanisms to mobilize and direct 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 oversce, supervise, monitor and respond to the needs of
LGUs within its jurisdiction in relation to disaster resilience activities;

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

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

SEC. 16. 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.

Local Disaster Resilience Offices. - The Local Disaster Risk Reduction

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

25


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. 18. 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 for the position may be waived
by the Department in exceptional cases upon the request of the local chief executive.

SEC. 19. 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;

b)

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 municipal level;

c) Prepare and submit to the Sangguniang Panglungsod ot Bayan, as the case may
be, the LDRP, the proposed programming of the LDR Fund, other dedicated

26


4)

©)

8)

h)

k)

disaster resilience resources, and other funds of the LDRO;

Recommend to the Sangguniang Panglungsod or Bayan, 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 LGU’s
vulnerable or marginalized groups), local risk maps, and a disaggregated database
of human resource, equipment, services, resources, directories and location of
critical infrastructures with their capacities (such as hospitals and evacuation
centers);

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

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

Recommend to the local chief executive the procurement of emergency works,
goods, and services in compliance with the regulations, orders, and policies of DBM
and GPPB, to implement the LDRP or support early recovery and post-disaster
activities;

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

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

27


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

n)

°)

private sector and other stakeholders in the LGU to establish a Business Continuity
Plan as part of their LDRP’s disaster preparedness measures;

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

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. 20. Powers and Functions of the Provincial Disaster Resilience Offices. —The
Provincial Disaster Resilience Offices shall have the following powers and functions:

a)

Dd)

©)

4)

°)

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

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

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

Prepare and submit to the Sangguniang Panlalawigan, the Provincial DRP, the
proposed programming of the province’s Local Disaster Resilience Fund, other
dedicated disaster resilience resources, and other funding sources of the PDRO;

Recommend to the Sangguniang Panlalawigan the enactment of local ordinances
to implement the Provincial LDRP, NDRF and relevant national investment plans
at the provincial level, and to comply with other requirements of this Act;

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

28


8g)

h)

)

kK

SEC. 21.

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.

resources;

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

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

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

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

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

Conduct other activities and/or act on other matters, in accordance with policies and

procedures of the Department and applicable laws, to achieve the purposes of this
Act.

Service Continuity of the Department. — To ensure service continuity, the

29


ARTICLE V
‘WHOLE OF GOVERNMENT AND WHOLE OF NATION APPROACH

SEC. 22. 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. 23. 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;

c. 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;

. 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

30


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. 24. 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 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 to provide 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;
5

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;

@

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

f) 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;

8)

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

h) The private sector is encouraged to integrate disaster resiliency projects and programs in

their corporate social responsibility initiatives; and

31


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

SEC. 25. 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. 26. 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. 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. 27. 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;

©) Providing inputs and feedback to the Department on resilience concerns at the local
level; and

4) Enhancing synergy in other areas of common concer.

32


ARTICLE VI
MAINSTREAMING, INTEGRATION AND CONVERGENCE
OF DISASTER RISK REDUCTION

SEC. 28. 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 shalll be reviewed and
updated every three (3) years.

SEC. 29. 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. 30. 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 an alternative or to

provide supplemental support to the NDOC. The number and location of ACCCs shall be
33


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. 31. DRRTI functions and inter-agency knowledge sharing. - The DRRTI 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:

Establish reliable and up-to-date Integrated Disaster Resilience Information System
(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;

a)

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

d)

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. 32. 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.

34


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

SEC. 33. Integrated Disaster Resilience Information System (IDRIS). —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. 34. Disaster Resilience Education and Training. — (a) 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.

(b) The IEC 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. 35. 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

35


funds, insurance and risk-transfer schemes and/or facilities, and other financial disaster resilience
measures to ensure the protection of public and/or private properties and livelihood against the adverse
effects of natural disasters. For this purpose, the Department and/or DOF may engage or require the
participation of government banks, insurance agencies and financial institutions.

(©) Toattain disaster resilience and 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.

@ ‘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. 36. Recognition and Incentives. - The Department, in partnership with the private
sector, shall establish an incentives program that recognizes outstanding performance of
LDRC, 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. 37. Standards for Disaster Preparedness Acti

fies — (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 activities.

(b) The LGUs shall identify safe and strategic sites, and establish evacuation
centers with appropriate and adequate facilities in accordance with government-approved

standards as provided under Republic Act No. 10821, otherwise known as “The Children’s

36


Emergency Relief Protection Act”, to avoid disruption of school classes and lessen the use of
school 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. 38, 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. 39, 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.

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

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

(a) Any person who transmits carly waming conceming 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.

(f) The Department shall work with other agencies or organizations on pre-crisis
37


information mapping of the humanitarian needs of at-risk communities that will enhance the
overall prepositioning of resources at the national and local level.

(g) The Department shall recognize and proactively support local or indigenous
modes of early warming 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.

ARTICLE XI
DISASTER RESPONSE AND EARLY RECOVERY

SEC. 40. 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
to save lives and minimize damage to property. loss and disruption of livelihood that require
the use of funds and resources under the LDRF.

SEC. 41. Levels of Responsibility for Disaster Preparedness and Response. — The primary
responsibility for disaster preparedness and response shall be exercised at the local or national
level, as applicable, in close and seamless collaboration with the relevant national government
instrumentalities, non-government stakeholders, and international partners. The four levels of

responsibility and the conditions that warrant each are as follows:

LEVELS OF | RESPONSIBLE
CONDITIONS
RESPONSIBILITY OFFICIALS
Level 1: Gity or Municipality | Lead Official: Tf'a disaster affects a single
Mayor of the affected city or | city or municipality
municipality

38


LEVELS
RESPONSIBILITY

OF

RESPONSIBLE
OFFICIALS

CONDITIONS

‘Support:
City or Municipal Disaster
Resilience Officer

Level 2: Province

Lead Official:
Provincial Governor of the
affected province

Support:
Provincial
Resilience Officer

Disaster

Municipal and/or
Mayors concerned

City

Municipal and/or City
Disaster Resilience Officers
concemed

If a disaster affects two or
more municipalities and/or
cities within a province

Level 3: Region

Lead Official:

Regional Director, DDR
Support:

Governors of affected
provinces

Concemed Provincial

Disaster Resilience Officers

Tf a disaster affects two or
more provinces within a
region (except for the
‘National Capital Region)

Level 4: National

Lead Official:
Secretary of
Resilience (SDR)

Disaster
Support:
Governors concerned

Disaster Resilience Officers
concerned

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

When the LGU is unable to
effectively cope with the risk
and/or impact of a hazard; or

When the President directs a
Level 4 response or declares
a state of calamity.

39



SEC. 42. 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. 43. 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. 44. Accreditation, Mobilization, and Protection of Disaster Volunteers and National
Service Reserve Corps, CSOs and the Private Sector. ~ The government agencies, CSOs,
private sector and LGUs may mobilize individuals or organized volunteers to augment their
respective personnel complement and logistical requirements in the delivery of disaster risk
reduction programs and activities. The agencies, CSOs, private sector, and LGUs concemed
shall take full responsibility for the enhancement, welfare and protection of volunteers, and
shall submit the list of volunteers to the Department, through the LDROs, for accreditation and
inclusion in the database of community disaster volunteers.

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

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

SEC. 45. Reporting of Humanitarian Assistance. — The concemed 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.

40


ARTICLE XII
HUMANITARIAN ASSISTANCE

SEC. 46. 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. 47. 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.

SEC. 48. 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.

(6) __ 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

4


circumstances and available information.

SEC. 49. 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;

(c) Department of Social Welfare and Development;

(a) Department of Healt

(e) Food and Drug Administration;

(f) Department of Agriculture;

(g) Department of Energy;

(h) Department of National Defense;

(i) Philippine National Police;
() Philippine Coast Guard; and
(k) Bureau of Immigration.

SEC. 50. 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. 51. Regulation of Humanitarian Assistance. — (a) The Department shall ensure the

efficient and effective monitoring of humanitarian assistance from domestic or international

42


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 reporting of all
humanitarian assistance, whether in cash or in kind, consistent with the rules on the use of
foreign and local aid during calamities and disasters issued by the COA and other relevant

government agencies.

ARTICLE XII
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES

SEC. 52. Offer and Facilitation of International Humanitarian Assistance to Foreign States.
~ In the event of a disaster occurring in a foreign state for which international humanitarian
assistance is required, the Department, in coordination with the DFA, may offer, facilitate
provide. and deploy international humanitarian assistance to said foreign state, which shall be
subject to guidelines to be promulgated by the Department for the purpose.

SEC. 53. 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. 54. Standards for Recovery. - The Department shall observe internationally
accepted standards for recovery, planning, programming and implementation of the recovery
process. Towards this end, the Department shall:

a) Improve the community’s physical, social and economic resilience, consistent with

43


the principle of “building forward better”;
b)

Use locally-driven, centrally-supported processes based on legal mandates with

supplementary capacity support when requested;

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

d)

¢) Maximize use of Private-Public sector partnership where possible;

Employ outcome-driven planning and implementation;

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

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

h) Ensure restoration of peace and order and recovery of government functions.

ARTICLE XV
REMEDIAL MEASURES UNDER STATE OF CALAMITY

SEC. 55. 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
cc. The local sanggunian, upon recommendation of the concemed local disaster

resilience office, within its jurisdiction.


SEC. 56. 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)

1)

°)

4)

°)

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;
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;

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

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

‘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. 57. Procurement. - In general, the procurement rules provided under Republic 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:

45


a)

»d)

°)

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

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

Time is of the essence in implementing a project, program or activity to effectively
respond to a disaster and save lives; or
There are other circumstances that require immediate procurement necessary to

prevent damage to or loss of life or property.

SEC. 58. Alternative Modes of Procurement. - During emergency situations as provided
under this Act, the Department, RDROs or LGUs may resort to the following modes of

procurement:

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

b)

“Government Procurement Reform Act”, and its implementing rules and
regulations;

‘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. 59. 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

46


relevant government agencies shall provide less bureaucratic restrictions, more flexible

procurement policies, or exemption from, or reduction of, customs duties.

SEC. 60. 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. 61. 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
util

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

implement the provisions of this Act.

47


SEC. 63. 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. 64. 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. 65. 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. 66. Custom 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. 67. 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 poli

activities and encourage investments to assist disaster-affected areas develop or recover faster,

.s, and implement the necessary programs and projects to stimulate economic

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. 68. 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;

3. Failure to create a functional LDR Office within six (6) months from the approval
of this Act;

49


b)

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.

Prohibited Acts of Public Officials and Private Persons or Institutions. —
Delay, without justifiable cause in the delivery, proper handling or storage of aid
commodities, resulting to damage or spoilage;

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;

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

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

ient 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;

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

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

i. Either covering, replacing or defacing the labels of the containers to make it

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iii.

17.
18.

appear that the goods, equipment or other aid commodities came from another
agency or persons;
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
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;
Substituting or replacing relief goods, equipment or other aid commodities with the
same items or inferior/cheaper quality;
Ilegal solicitations by persons or organizations representing others as defined in
the standards and guidelines set by the Department;
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;
Stealing, taking, or processing of any of the equipment, accessories and other vital
facility or items or any part thereof;
Selling or buying stolen equipment, accessories, and other vital facility items or any
part thereof;
‘Tampering with or stealing hazard monitoring and disaster preparedness equipment
and paraphernalia;
Attempting to commit any of the abovementioned prohibited acts; and
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. 69. 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:

@)

‘The penalty of imprisonment of not less than twelve (12) years but not more

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than fifteen (15) years or a fine of not less than One Million Pesos (Php1,000,000.00) 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 (6X18) 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;

(6) 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, and
confiscation or forfeiture in favor of the government of the objects and the instrumentalities
used in the commission of any of the prohibited 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;

(f) 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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(g) 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. 70. 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, he 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. 71. 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. 72. 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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b. 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. 73. 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. 74. 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. 75. 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 LDRF shall be set
aside as Local Disaster Contingency Fund (LDCF), which shall be used for disaster response
and quick recovery measures. Nothing contained in this Act shall prevent LGUs from

54


providing additional funding or allocating additional resources for disaster resilience activities,
plans and programs within their jurisdiction.

SEC. 76. 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 NDRPIP at the local levels.

SEC. 77. 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. 78. 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. 79. Financial Administration. — The Department shall manage all funds 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.

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ARTICLE XX
SPECIAL COURTS AND INJUNCTIONS

SEC. 80, Special Courts on Disaster Resilience Matters. — To ensure the prompt and
expeditious resolution of disputes relating to disaster response, recovery or rehabilitation
measures, the Supreme Court shall 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
4) Disputes involving donations, relief goods, or contracts executed or implemented
pursuant to the provisions of this Act.

SEC. 81. Dispute Resolution Mechanisms. — The Department shall establish a Disaster
Resolution Board, which shall resolve disputes involving administrative matters related to:

a)

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

Decisions of the RDROs;

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

1)

©)

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. 82. Imposition of Temporary Restraining Order. —No Court, except the Supreme Court,

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

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ARTICLE XXI
FINAL PROVISIONS

SEC. 83. 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
©) 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 for by existing laws.

SEC. 84. 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 concemed 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. 85. 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. 86. 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

57


zones for the implementation of recovery or rehabilitation projects.

SEC. 87. 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. 88. 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 shall 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. 89. 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. 90. 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

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the disaster risk reduction goals of this Act.

SEC. 91. Transitory Provision. - The functions, assets, funds, equipment, properties,
transactions, and personnel of the affected and transferred agencies, and the formulation of the
intemal 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 shall continue to assume their posts on holdover capacity.
The Department, in collaboration with the DBM, shall come up with its Organizational
Structure and Staffing 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. 92. 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 S
& T Personnel in the Government, and Republic Act No. 7305, otherwise known as the Magna
Carta of Public Health Workers.

SEC. 93. 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. 94. 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

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

SEC. 97. 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. 98. 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

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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.

SEC. 99. 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. 100. 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. 101. 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. 102. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any two (2) newspapers of general circulation in the Philippines.

Approved,

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