RECEIVED *
ord 1 JUL 2015

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Republic of the Philippines

HOUSE OF REPRESENTATIVES TIME:
Quezon City 5 ry
<p. Ss
EIGHTEENTH CONGRESS i>
First Regular Session
HOUSE BILL NO. 398

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The bill proposes the creation of a Department of Disaster Resilience (DDR),
an accountable, independent, and specialized government agency that shall focus
on building the country's capacity for and management of climate change and
enhancing the leadership and accountability of agencies and leaders through the
monitoring, evaluation and review of currently existing disaster risk, reduction and
recovery policies and activities of the government. Through the DDR, the bill
envisions a country that is on top of all climate change developments with residents
who are safe and ready before, during and after the occurrence of a natural disaster.

The distinct geography of our country exposes it to natural hazards. Right in
the Pacific Ocean, surrounded by major bodies of water and slightly above the
equator, the Philippines is hit with at least 20 typhoons each year and is home to 25
active volcanoes.

In 2013, Typhoon Haiyan landed in the Visayas region and on its wake, more
than 6,000 Filipinos perished. It was the world’s strongest typhoon ever recorded to
make landfall. It caused a serious economic blow to the country with $2 billion in
aggregate damages due to productivity loss, destruction of infrastructure, and
flooded crops. Up until today, the government and the people scramble to rebuild
Haiyan-vanquished areas while affected communities unite to start over.

Meanwhile, Mount Mayon erupted in January 2018. It forced the evacuation of
more than 56,000 Bicolanos and damaged agriculture in the surrounding areas. The
largest eruption in the country remains that of Mt. Pinatubo in June 1991.

According to the Global Facility for Disaster Reduction and Recovery
(GFDRR), 565 natural disaster events have struck the country since 1990. They
claimed the lives of nearly 70,000 Filipinos and caused an estimated $23 billion in
damages.

It is high time that the Philippines, through legislation, take a decisive step
towards resiliency, stability and full readiness in the face of natural disasters. It


cannot continue to resort to band-aid measures like creating temporary government
agencies to deal with serious, persistent and pressing issues such as climate change
and disaster management. It requires the legislative creation of one Department with
the expertise, network, and history of studying this issue and designing a framework
for disaster resilience that is in line with international standards, sustainable,
effective, holistic, comprehensive and proactive.

Under the bill, the DDR 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 forward better after the
occurrence of disasters. It shall oversee and coordinate the preparation,
implementation, monitoring and evaluation of disaster and climate resilience plans,
programs, projects and activities, provide leadership in the continuous development
of strategic and systematic approaches to disaster prevention, preparedness,
response, recovery and rehabilitation, to anticipatory adaption strategies, measures,
techniques and options.

It shall integrate the Climate Change Commission (CCC), National Disaster
Risk Reduction, People's Survival Fund (PSF), Yolanda Recovery and Rehabilitation
Efforts, and Office of the Presidential Assistant for Rehabilitation and Recovery
(OPARR). This shall streamline the planning and execution of polices and projects
on climate change and unify the country's approach towards resiliency. It shall also
do away with redundant bureaucratic processes that may result in delays, confusion
and diluted accountability.

The DDR shall coordinate with other pertinent agencies, local government
units (LGUs), and even private entities and establish a Multi-Stakeholders
Convergence Unit which shall align disaster resilience efforts of the private sector,
civil society organizations, academe and other stakeholders by assisting,
coordinating or providing services that strengthen public-private cooperate and
coordination in disaster resilience.

True economic progress is unattainable when we continuously fail to deal with
the reality of climate change and hence, suffer from its effects. With the creation of
the DRR, the Philippines will be able to quickly respond, prepare, implement, monitor
and evaluate disaster and climate resilience plans, programs and projects for the
welfare of the people, particularly the vulnerable and the poor.

The approval of this bill is earnestly sought.

X

Luis MUND “LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 398

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title — This Act shall be known as the “Department of Disaster
Resilience Act”.

SECTION 2. Declaration of Policies and Principles. -

(a) Duties of the State.

The State shall carry out and harmonize the policies on disaster risk and
vulnerability reduction and management, environmental management, and climate
change adaptation, and sustainable development to uphold the welfare of the people
particularly the vulnerable sectors of society.

The State shall uphold its commitment to the achievement of the sustainable
development goals specifically, integrating and implementing policies and plans
towards inclusion, resource efficiency, mitigation and adaptation to climate change,
resilience to disasters, and develop and implement a holistic disaster risk management
at all levels in line with the Sendai Framework for Disaster Risk Reduction 2015-2030.

The State shall uphold its commitment to the United Nations Framework
Convention on Climate Change (UNFCCC) in the stabilization of greenhouse gas
concentrations in the atmosphere at a level that prevents dangerous anthropogenic
interference with the climate system, achievable within a time frame sufficient to allow
the natural adaptation of the ecosystem to climate change, to ensure food production
and food security, and to secure sustainable economic development.


The State shall integrate and accelerate the implementation of the principles,
and concepts of climate change, disaster risk and vulnerability reduction contained in
the Paris Agreement of the United Nations Framework Convention on Climate Change
(UNFCCC), the Sendai Framework for Disaster Risk Reduction 2015-2030, the 2015
Asia-Pacific Economic Cooperation (APEC) Disaster Risk Reduction (DDR)
Framework, the 2030 Agenda for Sustainable Development Goals (SDGS), and the
Philippine Development Plan (PDP) 2017-2022 in various phases of policy
formulation, development plans and investments, 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 climate change
adaptive capacity.

It shall be the duty of the State to:

1) Uphold the people's constitutional right to life and property by minimizing, if not
eradicating, the root causes of vulnerabilities to disasters, strengthening the
country’s institutional capacity for disaster risk and vulnerability reduction and
management, and building the resilience of local communities to disasters
including climate change impacts, and human induced disasters;

2) Incorporate internationally accepted principles of disaster risk and vulnerability
reduction and management, and climate change adaptation, including universal
principles and standards for humanitarian assistance, developing and
implementing national, regional and local sustainable development and poverty
reduction strategies, policies, plans and budgets, as part of the country’s
commitment to overcome human suffering due to disasters;

3) Ensure a science-based in a whole-of-society approach and bottom-up
participation, representation, and decision-making in climate-disaster risk
governance, risk assessment, risk reduction and risk management, and adopt
a comprehensive, integrated, and proactive approach to lessening the
socioeconomic and environmental impacts of disasters and climate change;

4

Promote and advance the implementation of a comprehensive Disaster Risk
and Vulnerability Reduction Plan (DRVRP) that aims to strengthen the capacity
of the national government and the local government units (LGUs), together
with development partner stakeholders, build the disaster resilience of
communities, and institutionalize arrangements and measures for reducing
disaster risks, including projected climate risks, and enhance disaster
preparedness and response capabilities at all levels;

5)

Recognize the role of, and work with international humanitarian and
development partners especially those with established presence in the
country;

6) Develop, maintain, and ensure the accessibility of climate and geospatial
information and services to the public through Open Data, which means data
that can be freely used, reused, and redistributed by anyone, subject to
limitations on account of national security considerations. This may include the
use of impact-based forecast models, and probabilistic hazard maps;


7) Ensure that disaster risk and vulnerability reduction and climate change
adaptation measures are gender, disability, and vulnerability sensitive, and
culturally sensitive, recognizing indigenous knowledge systems and practices,
and respecting human rights;

8)

Recognize and strengthen the capacities of LGUs, communities and multiple
stakeholders in mitigating and preparing for, responding to, and recovering from
the impact of disasters through identification of local risk patterns, and
decentralized powers, responsibilities, and resources at the regional and local
levels;

9)

Adopt and implement a comprehensive, integrated, efficient and responsive
disaster risk and vulnerability reduction program that is incorporated in the
development plan at various levels of government adhering to transparency
accountability and other principles of good governance within the context of
poverty alleviation and environmental protection;

10)Mainstream disaster risk and vulnerability reduction in government by ensuring
risk-informed planning, programming, implementation, monitoring, and
evaluation, and the use of quality management, accountability, and
performance systems in measuring and improving the effectiveness and
efficiency of disaster risk and vulnerability reduction management processes
across all government levels, including those offices which manage peace
processes and conflict-resolution approaches, so as to minimize loss of lives
and damage to properties and ensure that communities in conflict zones can
immediately resume their normal lives at the conclusion of episodes of
intermittent conflicts;

11)Adopt a disaster risk and vulnerability reduction and management approach
that is holistic, comprehensive, integrated, and proactive in lessening the
socioeconomic and environmental impacts of disasters including climate
change, and promote the involvement and participation of all sectors and all
stakeholders concerned, at all levels, especially the local community;

12)Prioritize the development of disaster prevention and mitigation measures
involving all levels of society and government;

13)Adopt risk sharing and risk transfer mechanisms to ensure the appropriate,
efficient, and timely recovery of disaster-stricken communities, especially for
the poorest and most vulnerable;

14)Adhere to the principle of “Build Forward Better” in recovery and rehabilitation
efforts by applying sustainable standards, programs, technologies, and
techniques which enhance resilience against future hazards;

15)Recognize and respond to the differentiated concerns and needs of vulnerable
groups such as women and girls, children and youth, older persons, persons
with disabilities, urban poor, and indigenous peoples with respect to disaster
risk reduction and management, at the same time, recognizing their inherent
capacities to contribute to resilience;


16)Create an enabling environment for substantial and sustainable participation of
civil society organizations (CSOs), private groups, volunteers and communities,
and recognize their contributions to the disaster risk reduction and management
efforts of the government;

17)Ensure the use of advanced science and the most up-to-date technologies in
climate change adaptation, disaster risk, and vulnerability reduction and
management through engagement, consultation, and employment with a
regular department funding of academe or higher education institutions, such
as the University of the Philippines Resilience Institute, University of the
Philippines Nationwide Operational Assessment of Hazards Center and other
scientific research and academic institutions that have a_ track record and
expertise recognized both locally and internationally as well as the capacity to
implement the science and engineering requirements necessary for effective
climate change adaptation, and disaster risk and vulnerability reduction;

18)Ensure workers’ rights are proactively respected during the disaster
preparedness and response, and actively engage workers’ and employers’
organizations to share expertise and capacities in disaster risk reduction and
climate change adaptation programs;

19)Ensure transparency and accountability in climate-disaster risk governance by
facilitating access to financial records of public funds and disaster risk and
vulnerability reduction and management data, and ensure the transparency of
humanitarian assistance from all sources;

20)Adopt and manage a mechanism for the effective resolution of climate change,
disaster risk, and vulnerability reduction and management related grievances;

21)Recognize families as the most basic unit of disaster risk and vulnerability
reduction and management and climate change adaptation by developing the
capacity of local institutions and providing technical assistance and financial
support to the most vulnerable communities;

22)Ensure that the best possible assistance and services are delivered to
individuals and families affected by disaster and emergency rehabilitation
projects to guarantee the resumption of normal social and economic activities;

23)Establish and maintain the National Loss and Damage Registry; and
Mainstream gender and social inclusion in all aspects of the Department of
Disaster Resilience work from planning, monitoring, to evaluation.

(b) Roles and Responsibilities of Stakeholders.

The commitment, goodwill, knowledge, experience, and resources of relevant
stakeholders are critical to realize a safer, adaptive, resilient and inclusive Filipino
community. Citizens shall have the shared vision and duty to provide support to the
State in the implementation of policies and programs, particularly the Disaster
Resilience Framework and Plan at the national, regional and local levels.


1) Civil society organizations, nongovernmental organizations, international
nongovernmental organizations, private sector, practitioners of climate and
disaster mitigation, organized voluntary work organizations and community-
based organizations shall participate, in collaboration with public institutions, to,
inter alia, provide specific knowledge and pragmatic guidance in the context of
the development and implementation of normative frameworks, standards and
plans for disaster risk and vulnerability reduction; engage in the implementation
of local, national, regional, and global plans and strategies; contribute to and
support public awareness, a culture of protection, prevention and conservation,
and education on disaster risk; and advocate for resilient communities and an
inclusive and whole of society risk reduction and management which shall
strengthen the synergies across groups, as appropriate;

2) Women and girls shall contribute to and participate in effectively managing
disaster risk and designing, resourcing, and leading implementation of gender
sensitive disaster risk and vulnerability reduction and management policies,
plans, and programs;

3)

Children and the youth as agents of change shall endeavor to actively
contribute to disaster risk and vulnerability reduction, in accordance with
legislation, national practice, and educational curricula; disaster risk reduction
and management at all levels and processes of disaster risk and vulnerability
reduction and anticipatory adaptation, including data gathering, planning,
programming, budgeting, implementation, monitoring and evaluation;

4)

For citizens having years of knowledge, skills on climate change adaptation and
disaster risk reduction and wisdom are invaluable assets to reducing disaster
risk, and shall therefore participate in the design of policies, plans and
mechanisms, including those for early warning;

5) Persons with disabilities, through their existing network or organizations, shall
participate in activities related to assessment, programming, and the designs
of policies, plans, and mechanisms;

6

Migrants shall contribute to the resilience of communities and societies using
their knowledge, skills and capacities in the design and implementation of
disaster risk and vulnerability reduction and climate change adaptation;

7)

Indigenous peoples and Muslim Filipinos, through their practical experience
and traditional knowledge, shall contribute to the development and
implementation of policies, plans and mechanisms, including those for early
warning;

8) Urban and rural poor shall contribute to resilience building as well as in the
promotion of a more inclusive and transformative resettlement for informal
settler families in reducing their vulnerability to threats of disaster and climate
risks through state and non-state programs;

9) Farmers and fisherfolk shall contribute to the promotion and protection of the
environmental resource management that will secure food and nutrition


resilience through the integration of disaster risk and vulnerability reduction into
sustainable development policies and planning;

10)Emergency responders, community practitioners, and organized volunteer
organizations shall contribute to resilience by providing timely and efficient
emergency response and providing training on basic life support, first aid, and
search and rescue, in accordance with the standards provided by the Research,
Education, and Training Institute of the Department;

11)Academic and scientific and research entities and networks are encouraged to
focus their research efforts on disaster risk factors and scenarios, including
emerging disaster risks, in the medium- and long-term; partner with government
and increase research for regional, national and local application; support
action by local communities and authorities; and support the interface between
policy and science for decision-making;

12)Businesses, private sector financial institutions, professional associations, as
well as philanthropic foundations together with financial regulators shall be
encouraged to integrate disaster risk management, including business
continuity, into business models and core business values and practices via
disaster risk-informed investments, especially in micro, small and medium-
sized enterprises; engage in awareness-raising and training for their employees
and customers; engage in and support research and innovation as well as
technological development for disaster risk management; share and
disseminate knowledge, practices and data; and actively participate, as
appropriate and under the guidance of the public sector, in the development of
normative frameworks and technical standards that incorporate disaster risk
management; and

13)The media shall take an active and inclusive role at the local, regional, and
national levels in contributing to the raising of public awareness and
understanding, and disseminate accurate disaster risk, hazard and disaster
information, including on small-scale disasters, in a simple, transparent, easy-
to-understand and accessible manner, in close cooperation with national and
local authorities; adopt specific disaster risk and vulnerability reduction
communication policies; support, as appropriate, early warning systems and
life-saving protective measures; and stimulate a culture of prevention and
strong community involvement in sustained public education campaigns and
public consultations at all levels of society, in accordance with national
practices.

SECTION 3. Definition of Terms. — As used in this Act:

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

b) Assisting Actor refers to any Assisting International Actor and any Assisting
Domestic Actor responding to a disaster in the country.

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


4) 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.
Build Forward Better refers to an approach to building and/or reconstructing an
area or community, which entails a shift from simple recovery and restoration
to safer, more adaptive, resilient, and inclusive communities.
f) 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 to seek governing power, but to unite people to

advance shared goals and interests. They have a presence in public life,
expressing the interests and values of their members or others, based on
ethical, cultural, scientific, religious or philanthropic considerations. CSOs
include nongovernment organizations (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/or the variability of its properties, and

that persists in an extended period, typically decades or longer, whether due to
natural variability or as a result of human activity as defined under Republic Act

No. 9729, otherwise known as the “Climate Change Act of 2009”. These include

internal processes or external forces such as modulation of the solar cycles,

volcanic eruptions and persistent anthropogenic changes in the composition of
the atmosphere or in land use.

i) Climate Change Adaptation refers to the adjustment in natural or human
systems in response to actual or expected climatic stimuli or their effects, which
moderates harm or exploits beneficial opportunities.

j) Climate Finance refers to finance that aims at reducing emissions, and
enhancing sinks of greenhouse gases and aims at reducing vulnerability of, and
maintaining, and increasing the resilience of, human and ecological systems to
negative climate change impacts.
Community-Based Disaster Risk Reduction and Management (CBDRRM)
refers to a process of disaster risk reduction and management in which at risk
communities are actively engaged in the identification, analysis, treatment,
monitoring and evaluation of disaster risks in order to reduce their vulnerabilities
and enhance their capacities, and where the people are at the heart of decision-
making and implementation of disaster risk reduction and management
activities.

1) Complex Emergency refers to a form of human-induced emergency in which
the cause of the emergency as well as the assistance to the afflicted is
complicated by intense level of political considerations.

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

e)

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n) Dangerous Anthropogenic Interference refers to the effect in the climate system
as a result of the increase of greenhouse gas concentrations in the atmosphere
that leads to widespread climate change impacts such as widespread demise
of coral reefs.

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

Disaster 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 or
society to cope using its own resources.

Disaster Mitigation refers to the lessening or limitation of the adverse impacts
of hazards and related disasters. Mitigation measures encompass engineering
techniques and hazard-resistant construction as well as improved
environmental policies and public awareness, land use planning, and climate
change.

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 such as contingency planning, stockpiling of
equipment and supplies, the development of arrangements for coordination,
evacuation, and public information, and preparedness for recovery such as
procurement of land for resettlement sites.

Disaster Prevention refers to the outright avoidance of adverse impacts of
hazards. 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.
t) 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 the victims and the
vulnerable.

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

Disaster Risk Governance refers to the way in which public authorities, civil
servants, media, private sector, and civil society coordinate at community,
national and regional levels in order to manage disaster and climate related
risks. This means ensuring that sufficient levels of capacity and resources are
made available to prevent, prepare for, manage, and recover from disasters. It
also entails mechanisms, institutions, and processes for citizens to articulate
their interests, exercise their legal rights and obligations, and mediate their
differences.

0)

i)

q

8)

u)

v)


w) 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 in order to

lessen the adverse impacts of hazards and the possibility of disaster.

Disaster Risk Reduction refers to the concept and practice of reducing disaster

risks through systematic efforts to analyze and manage the causal factors of

disasters, including through reduced exposure to hazards, lessened

vulnerability of people and property, wise management of land and the

‘environment, and improved preparedness for adverse events.

Disaster Risk and Vulnerability Reduction (DRVR) refers to the concept and

practice of reducing potential loss of life, injury, or destroyed or damaged assets

or disruption which could occur to a system, society or a community in a specific.

period of time, determined probabilistically and conditions determined by

physical, social, economic and environmental factors or processes which

increase the susceptibility of an individual, a community, assets or system to

the impacts of hazards through systematic efforts to analyze and reduce the

causal factors of disasters all of which contribute to strengthening resilience

and therefore to the achievement of sustainable development.

Disaster Risk Reduction and Management 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.

aa)Early Warning System refers to the set of capacities needed to generate and
disseminate timely and meaningful warning information to enable individuals,
communities and organizations threatened by a hazard to prepare and to act
appropriately and in sufficient time to reduce the possibility of harm or loss.
A people-centered early warning system necessarily comprises four (4) key
elements: knowledge of the risks; monitoring, analysis and forecasting of the
hazards; communication or dissemination of alerts and warnings; and local
capabilities to respond to the warnings received. The concept of “end-to-end
warning system” emphasizes that warning systems need to span all steps from
hazard detection to community response. Early warning systems include
systems developed at the level of communities or based on indigenous
knowledge.

bb)Ecosystem Management and Restoration refers to an integrated process to
conserve, improve and restore the health of the ecosystem that sustains
ecosystem services for human well-being.

cc) Eligible Assisting Actor refers to any assisting actor that has been determined
to be eligible to receive legal facilities as provided in this Act and its
implementing rules and regulations.

dd)Emergency refers to unforeseen or sudden occurrence, especially danger,
demanding immediate action.

ee)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.

ff) Exposure refers to the degree to which the elements at risk are likely to
experience hazard events of different magnitudes.

99)Gender-Based Violence refers to violence that is directed against a woman
because of her gender, or that affects women disproportionately. It includes

x)

y

z)


acts that inflict physical, mental or sexual harm or suffering, threats of such
acts, coercion and other deprivations of liberty.

hh) Geographic Information System (GIS) refers to a system used to capture, store,
manipulate, manage and display all types of spatial or geographical data.

ii) Geographically Isolated and Disadvantaged Area (GIDA) refers to areas with a
marginalized population which is physically and socioeconomically separated
from the mainstream society and characterized by physical factors, and isolated
due to distance, weather conditions and transportation difficulties in island,
upland, lowland, landlocked, hard to reach and underserved communities;
and/or socioeconomic factors such as high poverty incidence, presence of
vulnerable sectors, communities in or recovering from situation of crisis or
armed conflict.
Hazard refers to a dangerous phenomenon, either natural or human-induced,
that may cause loss of life, injury or other health impacts, property damage,
loss of livelinood and services, social and economic disruption, or
environmental damage.
kk) Human-Induced Hazard refers to an event caused by humans and occurs in or
close to human settlements or a particular environmental area. This can include
environmental degradation, technological or industrial conditions, pollution,
accidents such as high-density events, industrial and transport accidents,
complex emergencies, armed conflict, situations of generalized or organized
violence, and violation of human rights.

Imminent Danger refers to a situation where, on the basis of official forecasts,

a disaster will or is expected to occur in a particular geographical area and

within an estimated period of time, and where necessary preparedness actions

or financing are required.

mm) International Disaster Relief and Initial Recovery Period refers to the
period which 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.

nn)/nternally Displaced Persons refer to persons or groups of persons who have
been forced or obliged to flee or to leave their homes or places of habitual
residence within national borders, in particular as a result of or in order to avoid
the effects of armed conflict, situations of generalized and/or organized
violence, violations of human rights, implementation of development projects,
or natural or human-induced disasters.

00) /nternational Personnel refers to the 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.

pp)Land-Use Planning refers to the process undertaken by public authorities to
identify, evaluate and decide on different options 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.

qq)Legal Facilities refer to special entitlements and exemptions that are made
available to eligible assisting actors under this Act.

1) Mitigation refers to effort to reduce or limit greenhouse gas emissions or
enhance greenhouse gas sequestration.

i

12


ss) National Continuity Policy refers to a policy aimed at the development of an
organizational culture that has the ability to provide a minimum level of service
during interruptions, emergencies, and disasters, and return to full operations
quickly.

tt) National Disaster Risk Reduction and Management Framework refers to the
comprehensive, all hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management.

uu)National Disaster Resilience Plan (NDRP) refers to the document to be
formulated by the National Disaster Resilience Council (NDRC) and
implemented by the Authority that sets out goals and specific objectives for
reducing disaster risks together with related actions to accomplish these
objectives. The NDRP shall provide for the identification of hazards,
vulnerabilities, and risks to be managed at the national level; disaster risk
reduction and management approaches and strategies to be applied in
managing said hazards and risks; agency roles, responsibilities and lines of
authority at all government levels; and vertical and horizontal coordination of
disaster risk reduction and management in the pre-disaster and post-disaster
Phases. It shall be in conformity with the national disaster risk reduction and
management framework.

w) Natural Hazard refers to naturally occurring physical phenomena caused either
by rapid or slow onset events which can be geological such as earthquakes,
ground rupture, liquefaction, landslides, tsunamis, sinkholes, and volcanic
activity; hydrological and meteorological such as floods, severe winds,
typhoons, storm surges, climatological variability such as extreme
temperatures, El Nifio, La Nifia, forest fires, or biological such as disease,
epidemics and insect/animal plagues.

ww) Open Data refer to facts and statistics that can be freely used, shared
and built-on by anyone, anywhere, for any purpose. These must be available in
bulk, 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 a
computer. These must permit people to use, reuse, and redistribute, intermix
with other data providers. These do not allow conditions to be placed on how
people can use Open Data, but permit a data provider to require that data users
credit them in some appropriate way, clarify if the data have been changed, or
that new datasets created using their data are also shared as open data.

xx) Persons with Disabilities refer to individuals who have long-term physical,
mental, intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in society on an equal
basis with others.

yy) Pre-Disaster Risk Assessment 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 provides a basis to determine the appropriate level of response
actions of government agencies from the national to the local levels. It is
hazard-specific, area focused and time-bound.

2z)Post-Disaster Recovery refers to the restoration and improvement, where
appropriate, of facilities, livelihood, and living conditions of disaster-affected
communities, including efforts to reduce disaster risk factors, in accordance
with the principle of “Build Forward Better”.

13


aaa) Private Sector refers to private corporations, households, non-profit
institutions serving households, and other economic enterprises outside of

government.
bbb) Public Sector Employee refers to all persons in the civil service.
ccc) Recovery refers to rehabilitation measures that ensure the ability of

affected communities or areas to restore their normal level of functioning by
restoring livelihoods and services, reconstructing damaged infrastructures and
increasing the communities’ organizational capacity.

ddd) Resilience refers to the ability of a system, community or society
exposed to hazards to resist, absorb, adapt to, transform, accommodate, and
recover from the effects of a hazard in a timely and efficient manner, including
through the preservation and restoration of its essential basic structures and
functions through risk management in such ways as to enhance their capacities
to withstand current and future risk.

eee) 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 in the restoration of essential public
activities and facilities.

fff) Risk Assessment refers to a methodology which includes risk assessment with
mapping 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.

ggg) Probabilistic Risk Assessment refers to the simulation of those future
disasters based on scientific evidence, which are likely to occur. As a result,
these risk assessments resolve the problem posed by the limits of historical
data. Probabilistic models “complete” historical records by reproducing the
physics of the phenomena and recreating the intensity of a large number of
synthetic events. Probabilistic Risk Assessment considers all possible
scenarios, their likelihood, and associated impacts. It is characterized by
inherent uncertainties partly related to the natural randomness of hazards, and
partly because of incomplete understanding and measurement of the hazards,
exposure, and vulnerability.

hhh) Deterministic Risk Assessment refers to an assessment that considers
the possible disaster impacts of a single scenario. This is in contrast to
probabilistic risk assessment which considers all possible scenarios, their
likelihood, and associated impacts.

iii) 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.

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

kkk) Sustainable Development refers to development that meets the needs
of the present without compromising the ability of future generations to meet
their own needs.


Wl) Vital Facility Items refer to government risk reduction and preparedness
equipment, accessories and other items such as radars, weather forecasting
equipment, flood monitoring instruments, seismographs, tsunami warning
systems, and automated weather systems.

mmm) Vulnerability refers to the characteristics and circumstances of a
community, system or asset that make it susceptible to the damaging effects of
a hazard. Vulnerability may arise from various physical, social, economic, and
environmental factors.

nnn) Vulnerable and Marginalized Groups refer to those who are at risk due
to poverty and other underlying risk factors including women, children, the
elderly, differently-abled people, and ethnic minorities.

000) Whole-of-Society Approach refers to the meaningful participation and
synergy of stakeholders that represent different interests in all aspects of
climate change adaptation, and disaster risk reduction and management across
all levels.

ppp) Whole-of-Government Approach refers to an approach that integrates
the collaborative efforts of the government departments and agencies to
achieve unity of effort toward a shared goal to broaden the government's
options, and increases efficiency to maximize all available resources in a
collaborative effort.

qqq) Whole-of-Nation Approach refers to an approach that seeks to bring
about a concerted effort towards national peace and security by creating
consensus and understanding of security that is shared not just among core
security forces and oversight government institutions, but also by civil society
and all the nation’s communities.

rm) Youth refers to those persons aged fifteen (15) to thirty (30) years old, as
provided for under Republic Act No. 8044, otherwise known as “Youth in
Nation-Building Act”.

CHAPTER I
DEPARTMENT OF DISASTER RESILIENCE

SECTION 4. Creation of the Department of Disaster Resilience. - There is
hereby created a Department of Disaster Resilience, hereinafter referred to as the
Department.

The Department shall be the primary government agency responsible for
leading, organizing, and managing the national effort to reduce disaster risk, prepare
for and respond to disasters, recover and rehabilitate, and “Build Forward Better” after
the occurrence of disasters.

The Department shall oversee and coordinate the preparation, implementation,
monitoring, and evaluation of disaster and climate change resilience plans, programs,
projects, and activities, provide leadership in the continuous development of strategic
and systematic approaches to disaster prevention, mitigation, preparedness,
response, recovery and rehabilitation, to anticipatory adaptation strategies, measures,
techniques and options.


The Department shall augment the capacity of LGUs in collaboration with
relevant national government agencies and other stakeholders to implement disaster
risk reduction and management and climate change action plans, programs, projects,
and activities.

SECTION 5. Powers and Functions of the Department. — The Department shall
exercise and perform the following powers and functions:
a) Risk Reduction
1) Oversee, direct, and undertake programs and projects to identify, assess,
prioritize and localize hazards and risks in the country, in consultation with
national government agencies, LGUs, communities, and stakeholders that
shall be involved in disaster risk reduction efforts;
Monitor and ensure the integration of disaster risk and vulnerability
reduction and management and climate change adaptation policies into
national development plans;
Design and implement an incentive system for greater private and public
investment, both local and national, in disaster risk reduction;
Oversee and ensure the mainstreaming of climate change adaptation and
disaster risk reduction in development planning, including disaster-proofing
and climate-proofing of land-use plans and the preparation of contingency
plans;
5) Create an enabling environment for the design of relevant and appropriate
risk-sharing and risk-transfer instruments;
Create an enabling environment that shall promote broader multi-
stakeholder participation and integrate climate change mitigation,
adaptation, and disaster risk and vulnerability reduction;
Coordinate directly with LGUs and private entities to address climate
vulnerabilities and disaster risk assessment (CVDRA) of regions and
provinces at the meso-scale, cities and municipalities at the micro-scale,
and barangays at the meta-scale;
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);
Formulate the National Disaster Resilience Framework, National Disaster
Resilience Plan, and the National Continuity Policy;
10)Oversee and direct the comprehensive implementation of disaster risk
reduction and climate change adaptation and mitigation policies, plans, and
programs, as embodied in the National Disaster Resilience Framework and
National Disaster Resilience Plan;
11)Coordinate directly with LGUs 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; and
12)Review and evaluate local disaster resilience plans and other local plans to
ensure their consistency with the Climate-Disaster Resilience Framework
and Plan.

2)

3)

4

6)

7)

8)

9)

b) Disaster Preparedness and Response


¢)

d)

1) Oversee and maintain a national early-warning and emergency alert system

that shall provide accurate, timely, and accessible information to national

and local emergency response organizations and the general public;

Coordinate information-sharing and other risk reduction protocols following

the principle of interoperability among national government agencies and

LGUs;

Establish and maintain a national humanitarian logistics system with a

network of warehouses, transport, and resources, including response

assets and disaster relief items, such as food and non-food items;

Exercise command and control over relevant government agencies,

including government-owned and -controlled corporations, the Philippine

National Police and other law enforcement agencies, during an imminent or

actual disaster. Such command and control shall include the authority to

utilize available services, assets, equipment, personnel, facilities, and other

resources;

Call on the reserve force, as defined in Republic Act No. 7077, otherwise

known as the “Citizen Armed Force or Armed Forces of the Philippines

Reservist Act”, to assist in relief and rescue operations during disasters;

Work with the private sector and CSOs for assistance with regard to the use

of facilities and resources for the protection and preservation of life and

property;

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:

Organize, train, equip, and maintain a system of response capacity for

search, rescue, and retrieval, and the delivery and distribution of relief

goods;

Monitor and support LGUs in the management of evacuation centers and

ensure the welfare and dignity of internally-displaced persons;

10)Procure goods and services during emergencies, in accordance with
existing emergency procurement rules and regulations;

11)Ilssue special procurement rules and regulations for preparedness,
response, and recovery activities, including those prompted by a declaration
of a state of calamity or of an imminent disaster; and

12)Assist in mobilizing the necessary resources to increase the overall capacity
of LGUs, specifically those with low income and situated in high-risk areas.

2)

3)

4)

5)

6)

7

8)

9)

Rehabilitation and Recovery

1) Prepare, organize, lead, implement, and manage post-disaster assessment
and recovery and rehabilitation programs, in coordination with the affected
LGUs, national government agencies, and other stakeholders;

2) Implement the cluster approach to expedite reconstruction efforts and
orchestrate and serve as the clearinghouse for the participation of assisting
actors in such efforts; and

3) Ensure that the principle of “Build Forward Better” is applied to rehabilitation
and recovery efforts.

Other Powers and Functions
1) Provide or designate a secretariat to the Climate Change Commission;


2) Establish and monitor local and national capacity for climate-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);

3) Coordinate information-sharing and other disaster risk and vulnerability
reduction and climate change adaptation protocols following the principle of
interoperability among national government agencies and LGUs before,
during, and after a disaster. Administer, oversee, and monitor the utilization
of the National Disaster Resilience Fund (NDRF), the Disaster Resilience
Support Fund (DRSF) for third (3rd) to sixth (6th) class provinces and
municipalities, and other grants and donations for disaster risk reduction and
management and climate change adaptation, unless otherwise specified;
Receive, administer, mobilize, and monitor and oversee the utilization of the
National Disaster Resilience Fund, the Prevention, Mitigation, and
Preparedness Fund for third (3rd) to sixth (6th) Class Provinces and
Municipalities, and donations for disaster risk and vulnerability reduction
and management and climate change adaptation, unless otherwise
specified;
Use of advanced science and technologies in disaster risk reduction and
management by engaging, consulting with, employing and regularly funding
the academe or higher education and research institutions such as the
University of the Philippines Resilience Institute and the University of the
Philippines Nationwide Operational Assessment of Hazards Center or other
institutions that have a recognized and credible track record, as well as the
capacity to conceptualize and implement the science and engineering
requirements necessary for effective climate change adaptation and
disaster risk reduction;
Establish a disaster resilience information system to facilitate the creation
of an integrated risk assessment platform that is built from the inputs of
government and private scientific and academic institutions, national
government agencies and LGUs, local communities and other stakeholders,
and is able to provide readily accessible and actionable information for
purposes of risk governance and humanitarian action;

7) Develop the criteria and procedure for the enlistment of accredited
community disaster resilience volunteers and institutions;

8) Create and continuously update, in consultation with stakeholders, a
manual of operations for accredited community disaster resilience
volunteers and institutions; and

9) Perform such other functions as may be necessary for the effective
implementation of this Act.

4)

5)

6)

CHAPTER lil
GENERAL WELFARE AND EMERGENCY MEASURES,

SECTION 6. General Welfare. - The Department shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as the powers necessary,
appropriate or incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare, such as the implementation of
emergency measures including preemptive and forced evacuation, in anticipation of,

18


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.

SECTION 7. Emergency Measures at the National Level. —- The Department may
require the assistance of law enforcement agencies and the uniformed services, such
as the PNP and the AFP, as well as emergency responders, to assist in the
implementation of emergency measures.

SECTION 8. Emergency Measures at the Local Level. —

a) LGUs shall enact an ordinance on and implement through the Local Disaster

Resilience Office (LDRO) the necessary and appropriate emergency
measures, including preemptive and forced evacuation, 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.
Emergency measures, including preemptive and forced evacuation, shall be
carried out in a manner that is humane, respectful of the dignity and culture of
persons, without using disproportionate force, without discrimination, and with
conscious attention to the needs of vuinerable and marginalized groups.
All measures shall be taken to inform the population, in a manner and language
that they can understand, of the need for emergency measures and evacuation
for their safety, as well as the location where they will be taken and for how long
they are going to stay there. Adequate evacuation centers and transportation
to and from the affected area shall be provided by the local government.

b)

c)

SECTION 9. Hierarchy of Evacuation Measures. —

a) Preemptive evacuation shall be the preferred and primary mode of evacuation
of people that will be affected by emergencies, hazards and disasters.

b) Forced evacuation shall be considered as an emergency measure of last resort
that may be undertaken in anticipation of, during or after an emergency, hazard
or disaster and be carried out by the affected local government in accordance
with a duly issued order by the local chief executive: Provided, That in case of
the failure of the local government to appropriately issue such order, the forced
evacuation shall be implemented by the Department, which may direct and
compel the assistance of law enforcement and other relevant national agencies
to implement said emergency measure.

During such forced evacuation, government officials may direct and compel the
population to be affected or is currently affected by an emergency, hazard or disaster
to relocate to safer locations for their own safety.

SECTION 10. Release from Liability in Case of Refusal to Evacuate. —

a) Any person who willfully and deliberately disregards or opposes the order of
forced evacuation issued by the local chief executive or the Department,
releases the local government or the Department from any liability for injury,
death, damage to or loss of property attributed to said disobedience.

b) During evacuation, priority assistance shall be given to the vulnerable groups
and persons who willfully comply with the order of forced evacuation.

SECTION 11. Inspection and Implementation Powers. — The Department shall
have inspection, visitorial and examining authority over government and

19


nongovernmental entities to ensure that all funds and assets allocated for disaster
resilience are actually used for said purposes. The Department shall likewise have the
power to inspect and examine the status of projects and programs being undertaken
in furtherance of disaster resilience efforts.

Whenever it becomes necessary, the Department may assume responsibility
over the implementation of and directly implement any program or project in
anticipation of, during, and in the aftermath of emergencies, hazards and disasters.

SECTION 12. Utilization of Private Property for Public Purpose. — The Department
shall have the power to utilize any private property 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 in appropriate cases.

SECTION 13. Emergency Powers. - Whenever it becomes necessary, the
Department, subject to the approval of the President, may call on the AFP or the PNP,
in coordination with the Secretary of National Defense and the Secretary of the Interior
and Local Government, to prevent or suppress lawless violence and ensure the
protection and preservation of life or property in anticipation of, during, and in the
aftermath of emergencies, hazards and disasters.

Whenever warranted by circumstances, the Department may call upon other
agencies and instrumentalities of the government, as well as nongovernment
organizations for the protection and preservation of life and/or property in anticipation
of, during, and in the aftermath of emergencies, hazards and disasters including
private organizations, for assistance in the use of their facilities and resources.

SECTION 14. Emergency Arrangements. — The Department shall have the power
to negotiate, enter into, institutionalize and coordinate arrangements with any private
person or juridical entity for the purpose of ensuring the adequate and prompt
availability of all goods and services necessary 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.

CHAPTER IV
ORGANIZATION AND MANAGEMENT

SECTION 15. The Secretary. — The Department shall be headed by a Secretary who
shall be appointed by the President.

SECTION 16. Powers and Functions of the Secretary. - The Secretary of the
Department shall exercise the following powers and functions:
a) Establish and promulgate policies, rules, and regulations for the effective and
efficient operation of the Department;
b) Exercise executive direction over the operations of the Department and
administrative supervision over its attached agencies;
¢) Manage the financial and human resources of the Department;

20


d) Appoint officers and employees of the Department, except presidential
appointees, in accordance with civil service law, rules, and regulations;
Exercise disciplinary authority over officers and employees of the Department
in accordance with law;

f) Coordinate with other government agencies, the private sector, and CSOs 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;

h) Serve as the Vice-Chairperson of the Climate Change Commission (CCC);

i) Incoordination with the Department of Foreign Affairs, represent the Philippines
in the climate change negotiations and articulate the national contribution to
global, regional, and other inter-governmental disaster risk reduction and
humanitarian platforms;

}) Callupon the AFP and the PNP to render assistance in disaster-affected areas;

and

Promulgate such rules and regulations and perform such other functions as

may be necessary or proper to attain the objectives of this Act.

e)

g

k)

SECTION 17. Organizational Structure, Functions and Management. — The
Department shall be composed of the following officials and offices:

a) The Secretary, as provided for under this Act;

b) Five (5) Undersecretaries, to be appointed by the President, who shall assist
the Secretary in administering the affairs of the Department, one to be
responsible for Resilience, one to be responsible for Policy and Governance,
one to be responsible for Operations, one to be responsible for Administration
and Finance, and the Senior Undersecretary. The Undersecretaries shall have
functional and operational supervision over the bureaus, divisions, offices and
units assigned to their respective functional areas;

Ten (10) Assistant Secretaries, to be appointed by the President, who shall
assist the Secretary in administering the affairs of the Department to be
responsible for overall staff supervision, Internal Audit, Administration, Disaster
Resilience Fund Management, Fiscal Management, Operations, Mobilization,
Plans and Programs, Legal, Project Management and Sustainable
Development;

Eleven (11) Service Directors who shall head the following Services: the
Administrative and Financial Management Service, the Logistics and Resource
Management Service, the Operations Service, the Responders Management
Service, the Policy Development and Planning Service, the Capacity-Building
and Training Service, the Legal Affairs and Compliance Service, the Disaster
Risk Reduction Service, the Climate Change Service, the Recovery and
Reconstruction Service, and the Strategic Communications Service:

1. The Administrative and Financial Management Service shall provide
the Department with economical, efficient and effective services
relating to human resource management and development, financial
management and general administration services to support civil
defense and disaster risk reduction and management operations and
functions.

¢)

d

21


2. The Logistics and Resource Management Service shall be
responsible for the efficient and effective management of ail the
assets and resources of the Department; the efficient and effective
gathering, maintenance and updating of a database of pertinent
assets and resources belonging to any and all agencies and
instrumentalities of the Government, as well as nongovernment and
civic organizations in support of operational readiness for utilization
by the Department; and the procurement of necessary assets and
resources to be maintained and utilized by the Department.

3. The Operations Service shall be responsible for formulating,
implementing and monitoring the operational plans of the
Department and ensuring its operational readiness, as well as the
effective functional management of the Emergency Management
Operations Center.

4. The Responders Management Service shall be responsible for the
efficient and effective gathering, management, and updating of a
national roster of individuals and groups from the civilian sector,
volunteer organizations, uniformed services and the reserve force in
support of operational readiness for utilization by the Department.

5. The Policy Development and Planning Service shall be responsible
for providing responsive, efficient and effective services relating to
research, planning, programming, budgeting, project development,
and policy formulation of civil defense and disaster risk reduction and
management projects and activities.

6. The Capacity-Building and Training Service shall be responsible for
building and developing the capacity of the Department's personnel,
civil defense practitioners, communities and other stakeholders.

7. The Legal Affairs and Compliance Service shall provide legal advice
to the Department; interpret laws and rules affecting the
administration and operations of the Department; prepare and review
contracts and instruments to which the Department is a party;
interpret provisions of contracts covering work involving the
Department; and monitor the compliance with regulatory and
reportorial matters involving the Department.

8. The Disaster Risk Reduction Service shall be responsible for
reducing disaster risks through systematic efforts and programs of
the Department to analyze and reduce the causal factors of disasters
such as exposure to hazards, lessening vulnerability of people and
property, wise management of land and the environment, and
improving preparedness and early warning for adverse events which
are all examples of disaster risk reduction.

9. The Climate Change Service shall lead in the development and
mainstreaming of evidence-based climate adaptation and mitigation
policies of the Department through optimum coordination among key
stakeholders towards achieving a climate-resilient and climate-smart
Philippines with healthy, safe, prosperous, and self-reliant
communities.

10. The Recovery and Reconstruction Service shall provide responsive,
efficient and effective services relating to the formulation of standards

22


for rehabilitation and recovery programs, projects, activities, and their
subsequent implementation.

. The Strategic Communications Service shall be responsible for the
formulation and implementation of the strategic communications
plans and programs of the Department; serve as the public affairs
arm of the Department tasked with directing, supervising and
controlling the Department's public information programs and
activities, as well as establishing and maintaining rapport with the
media and the general public;

e) Divisions, units and offices as may be created by the Department and whose
officers and employees shall be appointed in accordance with civil service law,
tules, and regulations;

f) The National Climate and Disaster Resilience Research, Education, and

Training Institute under the Capacity-Building and Training Service, to be

headed by a Director with the rank of Director IV;

Regional and other field offices of the Department that shall be established in

each administrative region, each to be headed by a Regional Director with the

rank of Director IV;

h) Bureaus that are under the supervision and control of the Department;

i) Seconded personnel from relevant agencies and detailed service from the
uniformed services, as appropriate; and

i) Grievance desks in every region, which shall serve as a referral mechanism
and shall work jointly with relevant agencies, to receive complaints from the
public regarding violations of this Act. It shall assist the complainant in the
gathering of relevant documentation and other evidence to support said
complaint. The grievance desk shall facilitate the forwarding of the complaint to
the appropriate office within fifteen (15) days from receipt thereof, and shall
provide timely feedback and updates regarding the status of the complaint. The
grievance desk shall use the best available technology to ensure that
complaints are endorsed to the proper office and are addressed in a timely
manner.

9)

CHAPTER V
FINANCE AND ADMINISTRATION

SECTION 18. Fiscal Management. - The Department shall manage all funds
appropriated to it by Congress and from other sources. This shall include all donations,
as contemplated under the succeeding paragraph, subject to the provisions of Section
3, paragraph (D) of Article IX, of the 1987 Constitution on the auditing powers of the
Commission on Audit.

SECTION 19. Donation. —

a) The Department shall have the power to receive donations and grants from any
person, government institution, corporation, international organization and
other similar entities, and the power to recommend the procurement of
developmental assistance for the purpose of disaster risk and vulnerability
reduction and management and climate change adaptation;

23


b) It shall be mandatory for the Department to acknowledge and certify the receipt
of all Department of Disaster Resilience (DDR) grants and donated funds and
ensure their judicious management including their proper and accurate audit
reporting to constituents;

The importation and donation of food, clothing, medicine and equipment for
relief and recovery and other disaster management and recovery-related
supplies is hereby authorized in accordance with, Section 800, Chapter 1, Title
8, of Republic Act No. 10863, otherwise known as the “Customs Modernization
and Tariff Act (CMTA)’, 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;

c)

All importations and donations under Section 11(c) of Republic Act No. 10863,

otherwise known as the “Customs Modernization and Tariff Act (CMTA)” shall be
considered as importation or donation to the Department, subject to the approval of
the Office of the President.

CHAPTER VI
WHOLE-OF-GOVERNMENT AND WHOLE-OF-NATION APPROACH

SECTION 20. National Disaster Resilience Council. —

a) There is hereby created the National Disaster Resilience Council (NDRC),
which shall serve as the policy advisory body to the Department on disaster risk
reduction and management and climate change adaptation, consistent with the
policies and scope as defined in this Act.

b) The NDRC shall be chaired by the Secretary of Disaster Resilience and shall
be composed of the following:

1. Secretary of Science and Technology;

2. Secretary of the Interior and Local Government;

3. Secretary of Social Welfare and Development;

4. Secretary of National Defense;

5. Director-General of the National Economic and Development Authority;
6. Secretary of Health;

7. Secretary of Environment and Natural Resources;

8. Secretary of Agriculture;

9. Secretary of Education;

10. Secretary of Energy;

11.Secretary of Finance;

12. Secretary of Trade and Industry;

13. Secretary of Transportation;

14. Secretary of Budget and Management;

15. Secretary of Public Works and Highways;

16. Secretary of Foreign Affairs;

17. Secretary of Justice;

18. Secretary of Labor and Employment;

19. Secretary of Tourism;

20. Secretary of Information and Communications Technology;
21.Presidential Adviser on the Peace Process;
22.Chairperson of the Commission on Higher Education;

24


23. Chief of Staff of the Armed Forces of the Philippines;

24.Chief of the Philippine National Police;

25.Head of the Presidential Communications Operations Office;

26. Secretary-General of the Philippine National Red Cross;

27.Chairperson of the Commission on Human Rights;

28. Executive Director of the Council for Welfare of Children;

29.Lead Convenor of the National Anti-Poverty Commission;

30. Chairperson of the Philippine Commission on Women;

31.Chairperson of the Housing and Urban Development Coordinating
Council;

32. Chairperson of the National Council for Disability Affairs;

33. Chairperson of the National Commission on Indigenous Peoples;

34. Chairperson of the National Commission on Muslim Filipinos;

35. Chairperson of the National Youth Commission;

36. President of the Government Service Insurance System;

37. President of the Social Security System;

38. President of the Philippine Health Insurance Corporation;

39. President of the Home Development Mutual Fund;

40. President of the Union of Local Authorities of the Philippines;

41.President of the League of Provinces of the Philippines;

42. President of the League of Cities of the Philippines;

43. President of the League of Municipalities of the Philippines;

44. President of the Liga ng mga Barangays;

45.Maximum of six (6) representatives from the academe and other relevant
research institutions;

46. Maximum of six (6) representatives from the civil society organizations;
and

47.Maximum of six (6) representatives from the private sector.

cc) Composition — The Council is hereby organized into five (5) clusters, namely:
Disaster Prevention and Mitigation to be led by DOST, Disaster Preparedness
to be led by DILG, Disaster Response by DSWD, Logistics led by DND, and
Recovery and Sustainable Development led by NEDA.

Technical Management Advisory Group — The Department may constitute, as
the need arises, a technical management advisory group from the different
stakeholders, that shall coordinate and meet with the Department as often as
necessary to effectively manage and sustain national efforts on disaster risk
and vulnerability reduction and emergency management, and climate change
adaptation and mitigation.

Guidelines for the Department of Disaster Resilience Fund (DDRF) and Local
Disaster Resilience Fund (LDRF) - The Department shall provide the
necessary guidelines and procedures on the DDRF and the LDRF releases as
well as utilization, accounting and auditing thereof.

d)

e)

SECTION 21. Monitoring, Reporting and Validation. -

a) Monitoring and Reporting. On or before the last quarter of the preceding year,
member-agencies of the National Disaster Resilience Council shall submit to
the Department through the Council Secretariat their respective DDR annual
work and financial plans (AWFPs) for the next year. The AWFPS shall be based
‘on the DDR Plan.

25


b)

The member-agencies shall submit to the Secretariat quarterly progress
reports of their implementation of the AWFPs within thirty (30) days from the
end of each quarter.

The Department is likewise accountable, liable and responsible for
monitoring and requiring the appropriate implementation of remedial measures
by member-agencies of the Council during a state of calamity. It shall have the
authority and power to require reports from the appropriate member-agencies
regarding implementation of such measures.

Validation. The Secretary shall require the submission of reports from LGUs to
validate the progress reports of the Council member-agencies. Submission
shall be through the local field offices of the DDR.

Every two (2) years, the implementation of the Climate-Disaster
Resilience Plan (CDRP) and utilization of the Local Disaster Resilience Fund
(LDRF) of each province, LGUs, independent city shall be evaluated by the
Regional Disaster Resilience Council (RDRC) based on appropriate criteria,
such as the award, recognition, citation criteria for provinces, cities and
municipalities, barangay and stakeholders.

1. The Regional Disaster Resilience Councils (RDRC) —

The Regional Disaster Resilience Councils (RDRCs) shall coordinate,
integrate, supervise, and evaluate the activities of the LDRCs. It shall be
accountable, responsible and liable for ensuring climate-disaster risk
sensitive and inclusive regional development plans, and in case of
emergencies shall convene the different regional line agencies and
authorities, concerned institutions, developmental partners and multiple
stakeholders.

The Regional Directors of the Department shall serve as chairpersons
of the RDRCs and the Regional Directors of the DSWD, the DILG, and the
NEDA shall serve as cluster heads. In the case of the Bangsamoro
Autonomous Region in Muslim Mindanao, the Chief Minister shall be the
RDRC Chairperson. In the case of Metro Manila, the MDRC shall be headed
by the Chairperson of the Metro Manila Development Authority (MMDA).

The RDRCs shall establish the RDRC Secretariat and operating facility
to be known as the Regional Disaster Resilience Council Secretariat and
Operations Center.

‘The RDRCs shall be composed of concerned regional agencies, offices,
LGUs and other multiple stakeholders.

i. LDRC Budgetary Requirements of LDRO — The budgetary
requirements for personal services, maintenance and other operating
expenditures, and capital outlay of the LDRO shall be sourced from
the General Fund of the LGU, subject to Section 76 of Republic Act
No. 7160, otherwise known as the “Local Government Code of 1991,

26


as amended. The enforcement of Sections 325(a) and 331(b) of
Republic Act No. 7160, as amended, shall be waived to enable the
LGUs to fund the initial year requirements for the creation of the
minimum five (5) mandatory positions of the LDRO.

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

ii. Establish linkage or network with other LGUs for disaster risk and
vulnerability reduction, climate change adaptation and emergency
response purposes;

iii. | Recommend through the LDRC, the enactment of local ordinances
consistent with the requirements of this Act;

iv. Establish a Provincial, City, Municipal, and Barangay Climate and
Disaster Resilience Operations Center; and

v. Encourage Government-Owned and -Controlled Corporations
(GOCCs) to establish their own Climate and Disaster Resilience
Operations Center within their territories.

SECTION 22. Synergy with Stakeholders. - The Department shall ensure seamless
synergy and coordination with stakeholders, including CSOs, the academe, and the
private sector, in relation to disaster resilience programs and projects and the
development and promotion of research, education, and training mechanism with
relevant stakeholders.

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

SECTION 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 align the disaster resilience efforts of the private sector, CSOs, academe, and
other stakeholders with the Department by assisting, coordinating, or providing
services that strengthen public-private cooperation and coordination in disaster
resilience, including the following:

a) Establishment and implementation of business continuity practices to
ensure the continued delivery of products and services, in the event of
disasters;

b) Establishment and implementation of a National Continuity Policy to ensure
service continuity during power and utilities interruptions, emergencies, and
disasters and ensure the quick return to full operations;

c) Establishment, incorporation, and application of business continuity plans
as part of the disaster resilience plans of local government units;

4) Facilitation or assistance in obtaining or processing incentives for the private
sector or other nongovernment stakeholders; and

27


) Preparation and facilitation of the issuance of appropriate guidelines for
MSMEs relating to mechanisms on procurement and liquidity to create
enabling environment for DDR.

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

CHAPTER VII
DISASTER RISK AND VULNERABILITY REDUCTION AND CLIMATE CHANGE
ADAPTATION MAINSTREAMING, INTEGRATION AND CONVERGENCE

SECTION 24. Integration of DRR and Climate Change Adaptation in the Climate
and Disaster Resilience Framework and Plan. — The existing National Disaster
Resilience Framework and plan and the National Climate Change Strategic
Framework and Plan shall be enhanced by the Climate and Disaster Resilience
Framework and plan which provides for the comprehensive probabilistic multi-
hazards, multi-scenario, multi-sectoral, resilience-building, and community risk-based
approach and management of disaster and climate risk, and provide for the integration
of disaster risk and vulnerability reduction and climate change adaptation, as well as
the mainstreaming in other sectoral policies. It shall be reviewed every three (3) years.

The Climate and Disaster Resilience Plan shall provide for the following: (1)
identification of the underlying factors of risk, or the nature and degree of hazards,
vulnerabilities, exposures and capacities, which need to be managed at the national
level; (2) disaster risk and vulnerabilities reduction and management approaches and
strategies to be applied in managing said hazards and risks; (3) agency roles,
responsibilities, and lines of authority at all government levels; and (4) vertical and
horizontal coordination of climate change adaptation, disaster risk and vulnerability
reduction and management before, during, and after a disaster. The Climate and
Disaster Resilience Plan shall be in conformity with the framework.

The Climate and Disaster Resilience Framework and Plan for climate-disaster
risk governance, climate vuinerability assessment, risk assessment and risk
management shall be formulated and jointly approved by the NDRC and the CCC.

SECTION 25. Ecosystem-Based Approach to Prevention and Mitigation,
Rehabilitation and Recovery from Disaster. - The Department shall ensure the
application of ecosystems-based approaches in disaster risk and vulnerability
reduction and climate change adaptation, particularly through ecosystem
management and restoration as defined in this Act, and ensuring that environmental
and natural resource policies are risk-informed.

CHAPTER VIII
CLIMATE AND DISASTER RESILIENCE RESEARCH, EDUCATION, AND
TRAINING INSTITUTE

SECTION 26. Creation of the Climate and Disaster Research, Education, and
Training Institute. -

28


a) Within one (1) year from approval of this Act, the Department shall establish the
Climate and Disaster Resilience Research, Education, and Training Institute in
collaboration with higher education institutions and private and state
universities and colleges (SUCs) which shall be a world-class center of
excellence for learning and research in the field of disaster risk and vulnerability
reduction and management and climate change adaptation;

b) The Climate and Disaster Resilience Research, Education, and Training

Institute shall be headed by a Director. The organizational structure and

staffing pattern shall be determined by the Department in consultation with the

DBM and in accordance with civil service laws, rules, and regulations.

The Climate and Disaster Resilience Research, Education, and Training

Institute shall have the following functions:

1. Establish regional branches as well as provincial, city or municipal
branches, if deemed necessary, to train individuals from the public and
private sectors in the fields of disaster risk and vulnerability reduction
and management, climate change adaptation, and ecosystem
management and restoration, among others;

2. Develop and implement an inclusive and ladderized curricula on climate
change adaptation, and disaster risk and vulnerability reduction and
management;

3. Develop research programs and a knowledge management system on
climate change adaptation and disaster risk and vulnerability reduction
management for the purpose of innovation and capacity-building and
development;

4. Partner with public and private academic and research institutions, the
private sector, civil society, community-based disaster risk and
vulnerability reduction management and climate change adaptation
practitioners, and other relevant sectors in developing research
opportunities and programs on climate vulnerability and disaster risk
assessment;

5. Establish a resource center for information, education and
communication materials, research, publications, best work practices,
lessons identified and learned, and other knowledge products on
disaster risk and vulnerability reduction and management, and climate
change adaptation;

6. Consolidate and prepare information, education and communication and
training materials or publications to assist disaster risk and vulnerability
reduction and management, and climate change adaptation practitioners
in the planning and implementation of their plans, programs, projects and
activities;

7. Organize and recognize a community of climate change adaptation and
disaster risk reduction and management practitioners; and

8. Accredit, recognize, monitor and evaluate climate change adaptation,
disaster risk and vulnerability reduction and management training
institutions.

d) Financial Support to the Center:

1. The budget for the Climate and Disaster Resilience Research and Training
Center shall be sourced from the annual General Appropriations Act.

¢)

29


2. The Department shall assist in the estat iment of Research and Training
Centers at the provincial, city, and municipal governments, as appropriate.
The funding for such local Climate and Disaster Resilience Research and
Training Centers may be sourced from the eighty (80%) percent portion of
the LDRF and other financial sources of the local government unit
concerned.

CHAPTER IX
INTEGRATION, MAINSTREAMING CLIMATE AND DISASTER RESILIENCE
INFORMATION, EDUCATION, AND COMMUNICATION CONVERGENCE

SECTION 27. Climate and Disaster Resilience Information Management System
(CDRIMS). — The Department shall establish a National and Regional Information
Management System for Climate and Disaster Resilience. It shall constitute a physical
central database of all 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 and climate change vulnerability assessment. The CDRIMS shall at all times
be made available to the Emergency Operations Center of the National and Regional
Climate and Disaster Resilience Council (NRCDRC) development partners and multi-
stakeholders to access critical information and ensure that _ the collection processing,
analysis and dissemination of information is timely, reliable and accurate to support
overall decision making and effective coordination both at the national and subnational
level.

SECTION 28. Disaster Resilience and Climate Change Education and Training.

a) The Department of Education, CHED, and Technical Education and Skills
Development Authority (TESDA), in coordination with the National Youth
Commission (NYC), the Department of Science and Technology (DOST),
Department of Environment and Natural Resources (DENR), Department of the
Interior and Local Government (DILG), Department of Health (DOH),
Department of Social Welfare and Development (DSWD), and other relevant
agencies, developmental institutions, and nongovernment organizations shall
integrate disaster risk and vulnerability reduction and climate change
adaptation education in the school curricula at all levels of education, from K to
12 to tertiary levels, including the early and adult learning programs, National
Service Training Program (NSTP), and education for children and persons with
special needs, whether private or public, including formal and non-formal,
technical-vocational, indigenous learning, out-of-school youth courses and
programs, and other channels of educational integration, including media,
church, entertainment centers (malls), international and domestic airports and
transport terminals.

The Civil Service Commission (CSC), Professional Regulation Commission
(PRC), and other licensure bodies shall integrate disaster risk and vulnerability
reduction management and climate change adaptation questions in all
professional and licensure examinations.

In coordination with the Department and the Climate and Disaster Resilience
Research, Education, and Training Institute shall develop a curriculum for

b)

°)

30


courses or subjects specific to disaster risk and vulnerability reduction
management and climate change adaptation, and shall mandate all tertiary
learning institutions to offer these subjects.
The Parents and Teachers Community Associations shall initiate, support, and
participate in disaster risk and vulnerability reduction management and climate
change adaptation related activities in schools and host communities.
The DepEd, the CHED, and the Technical Education and Skills Development
Authority (TESDA) and other developmental institutions, community-based
practitioners and organized nongovernmental organizations shall formulate and
institutionalize flexible learning options such as online modules, supplemental
learning materials, resources and platforms, as part of its climate change
adaptation, disaster risk and vulnerability reduction and governance, analysis,
and management strategy.

f) The DepEd, CHED, TESDA, developmental institutions and community-based

organizations shall regularly review, monitor, evaluate and report to the Council

the status of integration, mainstreaming and implementation of climate change
adaptation, disaster risk and vulnerability reduction and management in public-
private schools and other learning institutions.

The LDROs shall form formal partnerships with tertiary learning institutions

within their respective jurisdictions to provide standard and ladderized training

programs for LGU officials and other disaster risk and vulnerability reduction
management and climate change adaptation.

The DRC, the RDRCs, the LDRCs, the LDROs, the BDRCs, and the

Sangguniang Kabataan shall encourage community, specifically the youth,

participation in disaster risk and vulnerability reduction and climate change

adaptation activities, such as Information, Education and Communication (IEC)

‘campaigns organizing quick response groups, particularly in identified disaster-

prone areas, as well as the inclusion of DRVR-climate change adaptation

programs as part of programs and projects of the Sangguniang Kabataan,
youth organizations and community-based disaster risk and vulnerability
reduction management and anticipatory adaptation initiatives.

i) There shall be a mandatory training on climate change adaptation-DRVR for
public and private sector employees, including teachers and Climate-Disaster
Resilience Coordinators from both the public and private learning institutions,
who shall be trained in emergency preparedness and response in compliance
with the provisions of this Act.

[)

e)

9g)

hy

SECTION 29. Standard Mechanism for Cascading Information, Education and
Communication on Climate Change Adaptation and Disaster Risk and
Vulnerability Reduction. -

a) The DRC shall promote and advocate a culture of resilience and
responsible-accountable, liable and responsible citizenship through
information, education and communication that is appropriate, integrated,
calibrated, inclusive, localized, science- and risk-based, gender, culture and
disability sensitive and accessible using multimedia. Information, education,
and communication on climate change adaptation and disaster risk and
vulnerability reduction management should be compelling but not alarming.
The NDRC shall formulate a Strategic Risk Communications Plan to
encompass the entirety of disaster risk and vulnerability reduction and climate
change adaptation to achieve the desired behavioral and attitudinal change

b}

31


towards responsible citizenship and culture of resilience. It shall serve as a
reference on continuous awareness raising and education at all levels of the
government and multiple stakeholders.

A Climate and Disaster Resilience Information Officer shall be designated at all
levels of the Department to ensure implementation of the disaster risk and
vulnerability reduction and management and climate change adaptation
information, education, and communication campaign and shall serve as the
primary coordinator for the dissemination of information, education, and
communication on climate change adaptation and disaster risk and vulnerability
reduction management.

°)

SECTION 30. Declaration of Imminent Disaster. - The DDR shall provide guidance
and operating guidelines to LDRCs 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 livelinoods and other assets.

SECTION 31. Flash Appeal or Appeal for International Assistance. - Upon
consultation with the NDRC and in cognizance of the urgency, criticality and intensity
of an imminent risk, the DDR 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.

CHAPTER X
CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES

SECTION 32. Climate and Disaster Risk Transfer, Insurance and Social Welfare.

a) The Department shall oversee all climate and 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 shall ensure the mandatory insurance of all assets and

properties of national government agencies including government-owned or -
controlled corporations, and those over which the government has insurable
interest, as prescribed under Republic Act No. 656, otherwise known as the
“Property Insurance Law”. The insurance shall be provided by any government
insurance agency.
The Department shall oblige the LGUs the mandatory insurance coverage of
assets, properties and livelihood of vulnerable and marginalized groups for
unforeseen or contingent potential losses, damages and disruption from natural
hazards and human-induced disasters chargeable against the LDRF.

°)

32


SECTION 33. Recognition and Incentives. — Unless otherwise provided, the
Department shall establish an incentives program that recognizes outstanding
performance of LDRC, NGOs, CSOs, private sectors, schools, hospitals, and other
stakeholders in promoting and implementing significant disaster risk and vulnerability
reduction management-climate change adaptation programs and innovations, and
meritorious acts of individuals, groups or institutions during natural or human-induced
disasters.

CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

SECTION 34. Standards for Disaster Preparedness Activities. -

a) The NDRC shall establish standards for disaster preparedness, contingency
planning, localizing and operationalizing disaster risk and vulnerability
reduction and management, preparedness for disaster response,
preparedness for early recovery, continuity of essential services, and other
relevant preparedness activities.

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

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

SECTION 35. 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 prevent,
prepare for, respond to, and recover from possible risk caused by natural and
human-induced hazards and climate risk. The NDRC shall issue policy and the
Department shall oversee and monitor the implementation of this policy.
The Department and all other concerned agencies with an integrated early
warning and information mandate shall collaborate with the local executives
and officers to disseminate climate-disaster risk information through the
involvement of LGUs, community-based organizations, CSOs, and other
nongovernmental organizations.

b)

SECTION 36. Early Warning Mandate. —

a) The Department shall issue an integrated early warning for hydro-
meteorological, geologic, or terrestrial phenomena to the appropriate
government agencies or government-accredited organizations for forecasting
and early warning purposes. The Department shall recognize and proactively
support local or indigenous modes of early warning systems and allow open
access to real-time data from both local and international sources made

33


available through various platforms such as websites, mobile applications, and

‘social media to empower local communities and individuals.

The Department shall enhance and strengthen Philippine Atmospheric,

Geophysical and Astronomical Services Administration (PAGASA) and the

Philippine Institute of Volcanology and Seismology (PHIVOLCS) mandates

under Republic Act No. 10692 and Executive Order No. 128, Series of 1987,

respectively.

The Department shall recognize and proactively support local or indigenous

modes of early warning systems and allow open access to real-time data from

both local and international sources made available through various platforms
such as websites, mobile applications, and social media to empower local
communities and individuals.

Transmission of Early Warning. A person who transmits early warning

concerning the abovementioned phenomena by means of signs in designs,

colors, lights, or sound shall do so in compliance with the methods recognized
or approved by the NDRC.

The NDRC at the national and subnational level shall consider the use of

integrated early warning system to ensure it is consistent and locally

contextualized with the communication protocol and safe evacuation procedure
of the affected communities to achieve zero casualty, to zero death.

f) The Department shall consider working with other agencies or organizations on
pre-crisis information mapping of the humanitarian needs of the at-risk
community that will enhance the overall prepositioning of resources at the
national and local levels.

b)

¢)

d)

e)

CHAPTER XII
DISASTER RESPONSE AND EARLY RECOVERY

SECTION 37. 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 NDRC.

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 the Department, through the
LDRC, may seek from the local legislative body or Sanggunian, the declaration of a
state of imminent disaster to enable the local executives to implement preemptive
evacuation and precautionary measures in order to save lives and minimize damage
to property, loss of livelihood, and disruption of livelihood that require the use of funds
and resources under the LDRF.

SECTION 38. Emergency Management. - The respective Climate and Disaster
Resilience Councils shall lead in preparing for, responding to, and recovering from the
effects of any disaster, upon due consideration to the economics of classification,
capacity and vulnerability of the local governments concerned:

34


a) The Barangay Disaster Resilience Council (BDRC), if one barangay is affected;

b) The city/municipal Disaster Resilience Councils (DRCs), if two (2) or more
barangays are affected;

c) The provincial Disaster Resilience Council (DRC), if two (2) or more
cities/municipalities are affected;

d) The regional Disaster Resilience Council (DRC), if two (2) or more provinces
are affected; and

e) The NDRC, if two (2) or more regions are affected.

SECTION 39. Humanitarian Assistance Action Center. - The DRC shall
institutionalize a one-stop shop mechanism through the Humanitarian Assistance
Action Center for the processing and release of goods, articles or equipment intended
for humanitarian assistance and the processing of necessary documents for
international assisting actors.

The Humanitarian Assistance Action Center shall be managed by the
Department and shall be composed of the following NDRC agencies:

a) Department of Finance - Bureau of Customs;

b) Department of Foreign Affairs;

c) Department of Social Welfare and Development;

d) Department of Health;

e) Food and Drug Administration;

f) Department of Agriculture;

g) Department of Energy;

h) Philippine National Police;

i) Philippine Coast Guard; and

j) Department of Justice - Bureau of Immigration.

SECTION 40. Accreditation, Mobilization, and Protection of Disaster Volunteers
and National Service Reserve Corps, CSOs and the Private Sector. - The
government agencies, CSOs, private sector and LGUs may mobilize individuals or
organized volunteers to augment their respective personnel complement and logistical
requirements in the delivery of disaster risk reduction programs and activities. The
agencies, CSOs, private sector, and LGUs concerned shall take full responsibility for
the enhancement, welfare and protection of volunteers, and shall submit the list of
volunteers to the Department, through the LDROs, for accreditation and inclusion in
the database of community disaster volunteers.

A national roster of Accredited Community Disaster Resilience Volunteers
(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 NDRC. Any volunteer who died or
was injured while engaging in any of the activities defined under this Act shall be
entitled to compensatory benefits and individual personal accident insurance as may
be defined under the guidelines.

35


SECTION 41. Reporting of Humanitarian Assistance. — The concerned LGU shall
submit a report to the Department, all domestic or international humanitarian
assistance received and distributed within its area of responsibility.

CHAPTER Xill
INTERNATIONAL HUMANITARIAN ASSISTANCE

SECTION 42. 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.

SECTION 43. Assessment of the Need for International Humanitarian

Assistance. —

a) Immediately after the declaration of a state of calamity by the sanggunian of an
LGU or by the Department, as the case may be, the Department shall determine
as to 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 by the President, prior to the onset of an
imminent disaster.

In the event the Department determines that domestic response capacities are

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

recommend to the President that a request be made for international
humanitarian assistance.

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

b)

SECTION 44. Request for International Humanitarian Assistance. - The President
may request for international humanitarian assistance upon the advice of the
Department. Such request may be specifically directed to particular assisting
international actors, or it may be a general request directed to the international
community.

SECTION 45. Humanitarian Assistance Action Center. - The Department shall
institutionalize an interagency one-stop shop mechanism called through the Philippine
International Humanitarian Assistance Reception Action Center (PIHARAC) for the
processing and release of entry and facilitation of goods, articles or equipment, and
services of international relief workers for the provision of international humanitarian
assistance, and the processing of necessary documents for assisting international
actors.

CHAPTER XIV
OFFER AND FACILITATION OF HUMANITARIAN
ASSISTANCE TO FOREIGN STATES

36


SECTION 46. 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 may offer, facilitate
and provide international humanitarian assistance to such foreign state, which shall
be subject to guidelines to be promulgated by the Department for the purpose.

SECTION 47. 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.

CHAPTER XV
LEGAL FACILITIES FOR ELIGIBLE ASSISTING INTERNATIONAL ACTORS

SECTION 48. Guidelines for Coordination of International Humanitarian
Assistance. — The DRC shall issue comprehensive guidelines on the initiation, entry,
facilitation, transit and regulation of international relief goods and personnel, as well
as eligibility guidelines to utilize the legal facilities for assisting international actors
provided hereunder.

SECTION 49. Visa Waiver. - Eligible assisting international actors shall be entitled
to waiver of entry visa requirements, including any associated fees or charges, to
perform Disaster Relief and Initial Recovery Assistance work for their sponsoring
entities without the requirement to seek a separate residence or work permit.

SECTION 50. Recognition of Foreign Professional Qualifications. —

a) Eligible assisting international actors wishing to deploy international personnel
for tasks requiring legal recognition of their foreign professional qualifications
shall certify the validity of those qualifications under the law of the country
where they were obtained and the competence of their personnel for the tasks
envisaged.

The Department shall establish the guidelines and scope for recognition of
foreign professional qualifications for disaster response and early recovery.
Recognition of qualifications shall remain valid until the end of the International
Initial Recovery Period, absent individual criminal conduct or other professional
misconduct sufficient to bar the individual from professional practice in the
country.

b)

°)

SECTION 51. Recognition of Foreign Driving Licenses. — Foreign driving licenses
of eligible assisting international actors shall be accorded temporary recognition during
the International Disaster Relief and Initial Recovery Periods.

SECTION 52. Facilitation of Access. — The international personnel of eligible
assisting international actors shall be allowed access to disaster-affected areas and
persons requiring Disaster Relief or Initial Recovery Assistance, subject to
coordination requirements as mandated by the Department and limitations based on
national security, public order or public health, weighed in the context of the urgency

37


of the disaster needs. They shall be permitted to provide their goods and services
directly to affected persons.

A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

SECTION 53. Customs Facilitation and Priority Treatment. — The Department shall
facilitate the rapid importation or consignment of goods and equipment by eligible
assisting actors and shall accord them priority treatment in handling.

SECTION 54. Duty of Compliance by Eligible Assisting Actors. — In order to benefit
from the aforementioned legal facilities, eligible assisting international actors shall:

a) Declare that all the goods and equipment they seek to import under this Act are
exclusively for Disaster Relief or Initial Recovery Assistance and that they
comply with any relevant standards under Philippine laws; and

b) Pack, classify and mark their consignments in accordance with the
requirements described in this Act and its implementing rules and regulations.

SECTION 55. Exemption from Import Duties, Taxes and Restrictions. —
Consignment of goods and equipment by or on behalf of eligible assisting international
actors shall benefit from:
a) Exemption from all duties and taxes;
b) Waiver of economic prohibitions and restrictions except for categories of special
goods and equipment that may be indicated by the Department; and
c) Clearance without regard to the country of origin or the country from which the
goods have arrived, subject to monitoring for reasons of public health and
security.

B. EXPEDITED ENTRY AND USE RESTRICTIONS FOR SPECIFIC
INTERNATIONAL DISASTER GOODS AND EQUIPMENT

SECTION 56. Simplification of Documentation Requirements. —

a) Consignment of goods and equipment sent by or on behalf of eligible assisting

international actors shall be cleared or released on the basis of a simplified
goods declaration providing the minimum information necessary for the Bureau
of Customs to identify the goods and equipment and subject, when deemed
necessary, to completion of a more complete declaration within a specified
period.
The requirements for the declaration for all imports of goods or equipment by
or on behalf of eligible assisting international actors and any supporting
documents relating to said consignment, release and clearance of goods or
equipment shall be simplified and lodged without fee.

b)

SECTION 57. Telecommunications Equipment. — Eligible assisting international
actors shall be permitted to import telecommunications equipment for the purpose of
Disaster Relief or Initial Recovery Assistance without restrictions, except as required
by NDRC guidelines and other laws for purposes of national security or public order.
The NDRC shall provide guidelines for the manner of use of telecommunications
equipment as weil as a waiver of licensing requirements or fees.

38


SECTION 58. Medications. — Eligible assisting international actors shall be permitted
to import and transport medications and medical equipment for the purpose of Disaster
Relief or Initial Recovery Assistance so long as they conform to the implementing rules
and regulations to be provided by the NDRC.

SECTION 59. Food. - Food imported by eligible assisting international actors for
disaster relief and recovery shall be admitted pursuant to expedited procedures set
out by the DRC.

SECTION 60. Imported Vehicles. — The granting of local registration and plates for
vehicles imported by eligible assisting international actors shall be expedited.

C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

SECTION 61. Disposition of Equipment and Unused Goods. — The DRC shall
provide for the guidelines for retention, re-exportation, donation and disposal of
unused goods and equipment after the termination of Disaster Relief and Initial
Recovery Assistance operations.

CHAPTER XVI
RECOVERY

SECTION 62. Standards for Recovery. - The Department shall observe
internationally accepted standards for recovery, planning, programming and
implementation of the recovery process and shall:

a) Improve the community's physical, social and economic resilience, consistent
with the principle of “Build Forward Better”;

Use locally-driven and 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) Employ outcome-driven planning and implementation;

e) Maximize use of private-public sector partnership where possible;

f) 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.

b)

CHAPTER XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY

SECTION 63. 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 both of national and local levels:

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a) Imposition of price ceiling on basic necessities and prime commodities by the
National Price Control Council, 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 Coordinating Council of
overpricing/profiteering and hoarding of prime commodities, medicines and
petroleum products;
Programming/reprogramming of funds for the repair of critical facilities or public
infrastructures that are vital for the quick delivery of humanitarian assistance,
to reduce further threat to lives and arrest further deterioration of properties and
loss of livelihoods in the affected communities, following the “Build
Forward Better” principle:
d) Grant of no-interest loans by government financing or lending institutions to the
most vulnerable and marginalized groups or individuals; and
e) Local tax exemptions, incentives or reliefs under such terms and conditions as
may be deemed necessary by the affected LGU.

b)

¢

CHAPTER XvVili
PROCUREMENT

SECTION 64. General Rule on Procurement. — Any procurement of goods, services,
consultancy or infrastructure for disaster risk and vulnerability reduction and climate
risk, whether at the national or local level shall conform to the provisions and
implementing rules and regulations (IRR) of Republic Act No. 9184, otherwise known
as “Government Procurement Reform Act”, as amended.

SECTION 65. Emergency Procurement. - In order to expedite disaster response
and early recovery, the procurement or lease of equipment and delivery of goods and
services through emergency procurement or purchase at site shall be allowed. Periods
of action on procurement activities may also be waived for the same purpose and
conditions.

CHAPTER XIX
PROHIBITED ACTS AND PENALTIES

SECTION 66. Prohibited Acts. - Any public official, private person, group or
corporation who commits any of the following prohibited acts shall be liable and be
‘subjected to the criminal and administrative penalties as provided for in Section 67 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 which leads to destruction, loss of lives, critical damage
of facilities and misuse of funds;

2) Failure to create a functional LDR office within six (6) months from the
approval of this Act;

3) Failure to appoint a permanent local disaster resilience officer within six (6)
months from the approval of this Act;

40


b)

4) Failure to prepare and implement a Contingency and Adaptation Plan for
hazards frequently occurring within their jurisdictions; and

5) Failure to formulate and implement the LDRP with the corresponding budget
allocation.

6) Sexual exploitation and abuse, and other forms of sexual misconduct to the
affected population or at-risk communities shall be punishable under
existing criminal and administrative laws.

Prohibited Acts of Public Officials and Private Persons or Institutions —

1) Delaying, without justifiable cause the delivery or improper handling or

storage of aid commodities, resulting to damage or spoilage;

Withholding the distribution of relief goods due to: (a) political or partisan

considerations; (b) discrimination based on race, ethnicity, religion, or

gender; and (c) other similar circumstances;

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 aid commodities which are intended for

distribution to disaster affected communities;

Buying, for consumption or resale, from disaster affected persons, relief

goods, equipment or other aid commodities received by them;

Selling of relief goods, equipment, or other aid commodities which are

intended for distribution to disaster victims;

Forcibly seizing relief goods, equipment, or other aid commodities intended

for or consigned to a specific group of victims or relief agency;

Diverting or misdelivery of relief goods, equipment, or other aid commodities

to persons other than the rightful recipient or consignee;

9) Accepting, possessing, using or disposing relief goods, equipment or other
aid commodities not intended for nor consigned to them;

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

i. Either covering, replacing or defacing the labels of the containers to
make it appear that the goods, equipment, or other aid commodities
came from another agency or persons;

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

iii, | Making a false verbal claim that the goods, equipment or other aid
commodities in their untampered original containers actually came
from another agency or persons or was released upon the instance
of a particular agency or persons;

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

12)lllegal solicitations by persons or organizations representing others as
defined in the standards and guidelines set by the NDRC;

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

2)

3)

4

5)

6)

7)

8)

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

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

16)Tampering with or stealing hazard monitoring and disaster preparedness
equipment and paraphernalia;

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

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

SECTION 67. Penalties. - The following penalties shall be imposed on any individual,
corporation, partnership, association or other juridical entity that commits any of the
prohibited acts in the preceding section:

a) Imprisonment of not less than twelve (12) years but not more than fifteen (15)
years or a fine of not less than One million pesos (P1,000,000.00) but not more
than Three million pesos (P3,000,000.00), or both imprisonment and fine at the
discretion of the court, shall be imposed upon any person found guilty of
violating subsections (b)(1) to (b)(16), as well as the confiscation or forfeiture in
favor of the government of the objects and the instrumentalities used in the
commission of the prohibited acts;

b) 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 (P500,000.00) but not more
than One million pesos (P1,000,000.00), 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;
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 (P200,000.00) but not more
than Five hundred thousand pesos (P500,000.00), 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 acts
in the preceding section, in violation of subsection (b)(18) thereof;
Perpetual disqualification from public office aside from the penalty of fine or
imprisonment or both, 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 acts in the
preceding section;
If the offender is a corporation, partnership or association, or other juridical
entity, the penalty shall be imposed upon the officer or officers of the
corporation, partnership, association or entity responsible for the violation
without prejudice to the cancellation or revocation of these entities’ registration,
license or accreditation issued to them by any licensing or accredited body of
the government. If such offender is an alien, the person shall, in addition to the
penalties prescribed in this Act, be deported without further proceedings after
service of the sentence;

f) Payment of the full cost of repair or replacement of the government risk
reduction and preparedness equipment, accessories and other vital facility or
items, or any part thereof, which is the object of the crime shall likewise be

¢)

)

e)

42


9)

SECTION 68. Appropriations. -
a) The amount needed for the

b)

©)

imposed upon any person who shall commit any of the prohibited acts in the
preceding section; and

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

CHAPTER XX
APPROPRIATIONS

| implementation of this Act shall be taken from
the current fiscal year’s unexpended appropriation of all agencies herein
absorbed, transferred, and attached to the Department. Thereafter, the amount
needed for the operation and maintenance of the Department shall be included
in the General Appropriations Act.

National Disaster Resilience Fund (NDRF). The utilization and allocation of the
entire NDRF (Calamity Fund) and its quick response fund component shall be
managed by the Department except as provided for by specific laws.

Local Disaster Resilience Fund (LDRF). Not less than seven percent (7%) of
the estimated revenue from regular sources shall be set aside as the LDRF to
support disaster risk and vulnerability reduction and climate change adaptation
and mitigation programs, projects and activities. The LDRC shall monitor and
evaluate the use and disbursement of the LDRF based on the LDRP as
incorporated in the local development plans and annual work and financial plan.
Upon the recommendation of the LDRO and approval of the sanggunian
concerned, the LDRC may transfer the said fund to support the disaster risk
and vulnerability reduction and climate change adaptation work and initiatives
of other LDRCs that are declared under a state of calamity.

1) Of the amount appropriated for LDRF, twenty percent (20%) shall be
allocated as Quick Response Fund (QRF) or standby fund for
prepositioning of goods and relief and early recovery programs in order
that the situation and living conditions of people in communities or areas
stricken by disasters, epidemics, or complex emergencies, may be
normalized as quickly as possible.

2) Of the annual appropriation for the LDRF, eighty percent (80%) shall be
appropriated for climate change adaptation, disaster risk and
vulnerability reduction, prevention, adaptation and mitigation programs,
projects and activities focusing on both institutional capacity building of
vulnerable communities and risk-reducing infrastructure. The NDRC
shall pass a resolution to set the priority allocations and govern and
trigger the acceleration and implementation of this section.

Of the amount appropriated for the Disaster Resilience Fund, twenty

percent (20%) shall be allocated as Quick Response Fund (QRF) or

standby fund for prepositioning of goods and equipment and relief and
early recovery programs in order that the situation and living conditions

3)

4B


of people in communities or areas stricken by disasters, epidemics, or
complex emergencies, may be normalized as quickly as possible.

All departments/agencies and LGUs that are allocated with LDRF shali
‘submit to the Department their monthly statements on the utilization of
LDRF and make an accounting thereof in accordance with existing
accounting and auditing rules.

All departments, bureaus, offices and agencies of the government are
hereby authorized to use a portion of their appropriations to implement
projects designed to address disaster risk and vulnerable reduction-
climate change adaptation activities in accordance with the DRP and the
guidelines to be issued by the DRC in coordination with the Department
Budget and Management (DBM) and Commission on Audit (COA).
Unexpended LDRF shall accrue to a trust fund solely for the purpose of
supporting disaster risk reduction and management and climate change
adaptation activities of the LDRCs within the next two (2) years. Any
such amount still not fully utilized after two (2) years shall revert back to
the general fund and will be available for other social services to be
identified by the local sanggunian.

4)

5)

The NDRC shall issue guidelines on the utilization and release of
LDRF in coordination with other concerned government agencies.

d) Prevention, Mitigation and Preparedness Fund for third (3rd) to sixth (6th) class
provinces and municipalities. There shall be in the annual General
Appropriations Act an amount aliotted soiely for the use of third (3rd) to sixth
(6th) class provinces and municipalities for the purpose of augmenting their
LDRF with respect to plans, programs, projects, and procurement for climate
change adaptation, disaster risk prevention, mitigation, and preparedness. The
requirements to avail of this fund shall be laid down in the rules and regulations
to be promulgated by the Secretary.

CHAPTER XX!
FINAL PROVISIONS

SECTION 69. Transfer and Attachment. —

a) The applicable powers, functions, funds, and appropriations of the Office of Civil
Defense (OCD) and the Climate Change Office (CCO), Geo-Hazard
Assessment and Engineering Geology Section of the Mines and Geosciences
Bureau (MGB), Health and Emergency Management Bureau of the
Department of Health (DOH), the Disaster Response Assistance and
Management Bureau (DREAMB) of the DSWD, and the Bureau of Fire
Protection are hereby transferred to the Department.

b) The disaster risk reduction and management functions, assets and personnel
of the Office of Civil Defense (OCD) currently under the DND, are hereby
transferred to the Department, and the civil defense functions shall remain
with the DND;

The existing organizational and administrative systems and processes of the
transferred OCD shall serve as the core organization of the Department.

°C)

44


d) The Climate Change Office of the Climate Change Commission shall continue
its functions under Republic Act No. 10174 under the Department.
) The following agencies are hereby attached to the Department:
1) Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA); and
2) Philippine Institute of Volcanology and Seismology (PHIVOLCS).
3) The employees of the Bureau of Fire Protection (BFP) shall remain as a
distinct entity within the Department including their uniformed personnel
status and benefits.

The Department shall, by virtue of this Act, be subrogated to all the rights and
assume all the liabilities of the agencies absorbed under this Act, and all their funds,
records, property, assets, equipment, and such personnel as necessary, including
unexpended appropriations or allocations. All contracts and liabilities of the said
agencies are hereby transferred to and assumed by the Department and shall be acted
upon in accordance with the Auditing Code and other pertinent laws, rules, and
regulations
SECTION 70. Separation Benefits of Officials and Employees of Affected
Agencies. — National government employees displaced or separated from the service
as a result of this Act shall be entitled to separation pay and other benefits in
accordance with Republic Act No. 6656, and other existing laws, rules or regulations:
Provided, That those who are qualified to retire under existing retirement laws shall be
allowed to retire and receive retirement benefits to which they may be entitled under
applicable laws and issuances.

SECTION 71. Magna Carta for DDR Personnel. - Qualified employees of the DDR,
LGUs and its attached units shall be covered by Republic Act No. 8439, 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”.

CHAPTER XXil
MISCELLANEOUS PROVISIONS

SECTION 72. Implementing Rules and Regulations. —- The Department, in
consultation with concerned stakeholders, shall issue the necessary rules and
regulations for the effective implementation of this Act within ninety (90) days from the
effectivity of this Act.

SECTION 73. Congressional Oversight Committee. - There shall be created a
Congressional Oversight Committee on Climate Change and Disaster Resilience to
monitor and oversee the implementation of the provisions of this Act. The Committee
shall be composed of six (6) members from the Senate and six (6) members from the
House of Representatives with the Chairpersons of the Committees on National
Defense and Security of both the Senate and the House of Representatives as joint
Chairpersons of this Committee. The five (5) other members from each Chamber are
to be designated by the Senate President and the Speaker of the House of
Representatives, respectively. The minority shall be entitled to pro rata representation
but shall have at least two (2) representatives from each Chamber.

45


SECTION 74. Review. — Five (5) years after the effectivity of this Act, or as the need
arises, the Congressiona! Oversight Committee shal! conduct a systematic eval
of the accomplishments and impact of this Act, as well as the performance and
organizational structure of its implementing agencies, for purposes of determining
remedial legislation.

SECTION 75. Separability Clause. — \f any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.

SECTION 76. Repealing Clause. —
a) Republic Act No. 10121, otherwise known as the “Philippine Disaster Risk
Reduction and Management Act of 2010,” is hereby repealed.
b) The following provisions are hereby amended or modified, accordingly:
1) Section 30 of Executive Order No. 128, Series of 1987, Reorganizing the
National Science and Technology Authority;
2) Section 6 of Republic Act 6975, otherwise known as the “Department of
the Interior and Local Government Act of 1990";
3) (Sections 3(d) and 5 of Republic Act No. 9729, otherwise known as the
“Climate Change Act of 2009", as amended by Republic Act No. 10174;
4) Section 4 of Republic Act No. 10639, otherwise known as “The Free
Mobile Disaster Alerts Act’; and
5) Section 5 of Republic Act No. 10692, otherwise known as “The PAGASA
Modernization Act of 2015".
c) Alll other laws, decrees, executive orders and issuances, proclamations, rules
and regulations, and other issuances or parts thereof that are inconsistent with
the provisions of this Act are hereby repealed or amended accordingly.

SECTION 77. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

46