1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. 9609 
Introduced by Representatives EDGAR M. CHATTO, JOCELYN SY LIMKAICHONG, 
FERNANDO T. CABREDO, ANNA VICTORIA VELOSO-TUAZON, CHRISTIAN TELL 
A. YAP, and JOSE MANUEL F. ALBA
EXPLANATORY NOTE 
The world is on the brink of climate catastrophe. 
The recently published Sixth Assessment Report (AR6) of the Working Group I of 
the Intergovernmental Panel on Climate Change (IPCC), entitled “Climate Change 2021: 
the Physical Science Basis”, warned that “unless there are immediate, rapid and large-
scale reductions in greenhouse gas emissions, limiting warming to close to 1.5°C or even 
2°C will be beyond reach.” It was further emphasized that a 1.5°C increase shall bring 
with it more severe heat waves, longer warm seasons and shorter cold seasons; at 2°C 
of global warming, heat extremes would more often reach critical tolerance thresholds 
for agriculture and health. This change in the climate is unequivocal and supported by 
multiple lines of evidence. As such, the limiting warming to these numbers is the ultimate 
goal of the Paris Agreement. 
Subsequently, the IPCC AR6 Working Group II’s Report entitled “Climate Change 
2022: Impacts, Adaptation and Vulnerability” affirmed that the observed increases in 
frequency and intensity of weather and climate extremes have resulted to widespread 
and pervasive impacts to ecosystems, peoples, settlements, and infrastructure, and that 
the changing climate has caused substantial damages and increasingly, irreversible 
losses. It projected that global warming of 1.5°C in the near-term would cause 
unavoidable increases in multiple climate hazards and present multiple risks to 
ecosystems and humans (very high confidence). The level of risk depends on concurrent 
near-term trends in vulnerability, exposure, level of socioeconomic development, and 
adaptation (high confidence). Near-term actions that limit global warming to close to 
1.5°C would substantially reduce projected losses and damages related to climate change 
in human systems and ecosystems, compared to higher warming levels, but cannot 
eliminate them all (very high confidence). 
November 22, 2023
3:50 pm


2 
The IPCC is especially resonant to the Philippines and other highly vulnerable 
countries for which some climate impacts can no longer be absorbed by adaptation, as 
clarified by the IPCC AR6 Working Group II:  
“Adaptation does not prevent all losses and damages, even with 
effective adaptation and before reaching soft and hard limits. Losses 
and damages are unequally distributed across systems, regions and 
sectors and are not comprehensively addressed by current financial, 
governance and institutional arrangements, particularly in vulnerable 
developing countries. With increasing global warming, losses and 
damage increase and become increasingly difficult to avoid, while 
strongly concentrated among the poorest vulnerable populations.”  
Worryingly, these projected adverse impacts and related loss and damages 
escalate with every increment of global warming.  
Apart from the disastrous consequences, climate change also threatens the 
effective enjoyment of a range of human rights including those that are vital to life, water 
and sanitation, food, health, housing, self-determination, culture, and development. The 
State, indubitably, has an obligation to prevent the foreseeable adverse effects of climate 
change and ensure that those affected by these, particularly those that are marginalized 
and in vulnerable situations, have access to effective remedies. 
The Philippines, as a highly climate-vulnerable to impacts of climate hazards, is at 
great risk in terms of life and livelihood loss, infrastructure damage, and ecosystem 
collapse, which will, undoubtedly, result in societal upheaval.  
In the long-term Climate Risk Index (CRI) for the period 2000 to 2010, 
GermanWatch ranked the Philippines as the fourth (4th) most affected country in the 
world to the impacts of climate change. In fact, the Philippines suffered an average annual 
loss of 0.54 percent in its gross domestic product (GDP), which translates to USD 3.2 
billion every year. As corroborated by the Department of Finance (DOF), the Philippines 
has incurred losses and damages estimated to reach P506.1 billion (approximately US$10 
billion) from climate-related hazards over a decade, underscoring its extreme vulnerability 
to the climate crisis despite contributing only 0.3 percent of the planet’s total greenhouse 
gas (GHG) emissions. Further, based on the data gathered by the DOF, this amount 
makes up 98.2 percent of the country’s total estimated losses and damages from 2010 
to 2020 of P515.51 billion or around US$10.6 billion. This staggering amount is equivalent 
to an annual average of P48.9 billion, which is about 0.33 percent of the country’s annual 
average GDP.”1 
1 
https://www.dof.gov.ph/climate-related-hazards-led-to-us10-b-losses-for-low-carbon-emission-phl-over-1 
0-
year-period/?utm_source=rss&utm_medium=rss&utm_campaign=climate-related-hazards-led-to-us10- b-losses-
for-low-carbon-emission-phl-over-10-year-period 


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Moreover, in the 2018 World Risk Report of the Global Facility for Disaster Risk 
Reduction, the Philippines ranked third (3rd) among all the countries with the highest 
risks to disasters. As stated in its 2017 report, at least 60 percent of the country’s total 
land area is exposed to multiple hazards, and 74 percent of the population is susceptible 
to their impact.  
The vulnerability of the Philippines as well as other poor nations underscores the 
importance of climate justice. Rich nations and corporations must take responsibility for 
the adverse impacts of climate change. Such responsibility includes raising the ambition 
for cutting carbon emissions and committing to finance that allows poor nations to deal 
with adverse climate impacts. The landmark 2015 Paris Agreement has created a 
pathway for legal recourse in ensuring accountability. Milieudefensie et al v. Royal Dutch 
Shell,2 decided by the District Court of the Hague in May 2021, was anchored on the 
Paris Agreement. In a watershed decision, the Court recognized the obligation of 
respondent Shell Corporation to mitigate climate change by instructing it to curtail its 
GHG emissions from its 2019 levels by 45% by 2030.  
In 2015, the Philippines made history when the typhoon survivors and civil society 
groups lodged a complaint before the Commission on Human Rights (CHR), calling for a 
probe into the possible human rights violations of several carbon majors, most of which 
were oil, gas, coal, and cement corporations, in the context of climate change. At the 
time of its filing, it was the world’s first investigation into potential corporate responsibility 
for climate change.  
In May 2022, the CHR released its report on the inquiry, and among its findings 
were that climate change is a human rights issue, and that carbon majors can be held 
liable for their human rights violations. Towards the end of its report, it laid down several 
recommendations, including disincentivizing financial institutions from funding carbon 
majors, and creating a sufficient loss and damage facility. 
It is to be noted, however, that the CHR’s report is not legally binding. 
Nevertheless, it serves as robust precedent and a framework for extracting further 
accountability for those who would like to subsequently pursue litigation in either 
domestic or international courts.  
In another historic move, the United Nations General Assembly passed a resolution 
in July 2022 declaring that everyone on the planet had a right to a clean, healthy, and 
sustainable environment, and called on states to step up efforts to ensure this right is 
protected.3 The resolution further affirmed that “the promotion of the human right to a 
clean, healthy and sustainable environment requires the full implementation of the 
multilateral agreements under the principles of international environmental law.” Again, 
2
3 https://www.unep.org/news-and-stories/story/historic-move-un-declares-healthy-environment-human-right 


4 
like the CHR’s report, the resolution is not legally-binding; however, it is hoped that said 
resolution will create a trickle-down effect and lead countries into incorporating that right 
in their national and local laws. 
A law, therefore, which ensures that climate-related human rights violations find 
legal remedy is necessary and urgent. Without a legal framework to address loss and 
damage from climate change impacts, corporations will continue to defend and promote 
their unbridled  burning of fossil fuels. Although the Philippines’s carbon emissions remain 
miniscule compared to that of the world average, and even those of developed countries 
for that matter, continued fossil fuel dependence globally vitiates the principle of common 
but differentiated responsibility (CBDR) by allowing developed countries to continue their 
greater share of carbon pollution, aided and abetted by the fossil fuel industry.  
Fossil fuel dependence, as the growing field of attribution science can confirm, 
puts communities in actual risk, where slow-onset events associated with the adverse 
impacts of climate change and extreme climate events and where climate variability and 
climate vulnerability meet and create the conditions ripe for disaster. The slow-onset 
nature of climate change also makes it problematic to locate fittingly within traditional 
legal notions of harm and injury because by the time sea level rise, apocalyptic typhoons, 
droughts, spread of diseases, and heatwaves happen, among others, conduct 
contributing to climate change had taken place; in other words, these apocalyptic events 
are mere inevitable consequences of a prior harmful conduct that has occurred. It is thus 
imperative that we take a step-back, make a paradigm shift, and treat conduct 
contributing to climate change as a harm in and of itself.  
A loss and damage-focused legal framework for these aforementioned climate-
related issues will be a world’s first and shall establish a specific climate-action track in 
addition to adaptation and mitigation; it shall serve too as an innovative pioneering 
example of national legislation to enhance climate action, protect communities, and effect 
transformative change.  
Loss and damage reinforces the need for an accountability regime where climate 
change has been established by the Intergovernmental Panel on Climate Change (IPCC) 
as anthropogenic. Fossil fuel dependence continues to be driven by carbon majors; 
without an accountability framework it will continue unabated, pushing the planet over 
the edge.   
The Paris Agreement is eloquent in reminding States to “respect, promote, and 
consider their respective obligations on human rights, the right to health, the rights of 
indigenous peoples, local communities, migrants, children, persons with disabilities and 
people in vulnerable situations and the right to development, as well as gender equality, 
empowerment of women and intergenerational equity.”  


5 
Further, Article 4 (2) of the Paris Agreement requires country Parties to prepare, 
communicate and maintain successive nationally determined contributions (NDCs) that it 
intends to achieve. It also provided in the same paragraph that Parties shall pursue 
domestic mitigation measures, with the aim of achieving the objectives of such 
contributions. Article 8 (1) provides that Parties recognize the importance of averting, 
minimizing and addressing loss and damage associated with the adverse effects of 
climate change, including extreme weather events and slow onset events, and the role 
of sustainable development in reducing the risk of loss and damage. Finally, the 27th 
Conference of Parties, through the Sharm el Sheikh Implementation Plan, adopted 
decisions -/CP.27 and /CMA.4 on matters relating to funding arrangements responding 
to loss and damage associated with the adverse effects of climate change.  
For the above reasons, the urgent passing of this bill is earnestly sought.  
EDGAR M. CHATTO 
JOCELYN SY LIMKAICHONG 
ANNA VICTORIA VELOSO-TUAZON 


1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. 9609 
Introduced by Representatives EDGAR M. CHATTO, JOCELYN SY 
LIMKAICHONG, FERNANDO T. CABREDO, ANNA VICTORIA VELOSO-
TUAZON, CHRISTIAN TELL A. YAP, and JOSE MANUEL F. ALBA 
AN ACT 
TO INSTITUTE POLICIES AND SYSTEMS TO ADDRESS CLIMATE CHANGE, 
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE 
PROTECTION OF MOST VULNERABLE COMMUNITIES FROM LOSS AND 
DAMAGE IN THE COUNTRY, PROVIDING FOR CORPORATE AND STATE 
ACCOUNTABILITIES AND REPARATIONS FOR VIOLATION THEREOF, AND 
OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
CHAPTER I 
1 
2 
GENERAL PROVISIONS 
3 
4 
SECTION 1. Short Title. –  This Act shall be known and referred to as “The 
5 
Climate Accountability (CLIMA) Act.”  
6 
7 
SEC. 2. Declaration of Policy – It is the declared policy of the State to protect 
8 
and advance the right of the people to a balanced and healthful ecology in accord with 
9 
the rhythm and harmony of nature, and shall protect and promote the right to health, 
10 
dignified life, of the people and instill health consciousness among them.  
11 
12 
The State shall protect climate systems for the benefit of its citizens, and 
13 
generations yet to be born, on the basis of the precautionary principle, climate justice, 
14 
common but differentiated responsibilities, and just transition. In this context, the State 
15 
shall enjoin the participation of businesses to prevent and reduce the adverse impacts of 
16 
climate change in the context of sustainable development. Towards this end, the State 
17 


2 
 
adheres to the United Nations Guiding Principles on Business and Human Rights as a 
1 
basis for the establishment of minimum standards of behavior for corporate interests 
2 
operating in the Philippines and in all territories over which the Philippines has 
3 
sovereignty or jurisdiction.  
4 
 
5 
SEC. 3. Definition of Terms. – For the purposes of this Act, the following terms 
6 
shall be defined as:  
7 
 
8 
(a) Adaptation refers to the adjustment in natural or human systems in response 
9 
to actual or expected climatic stimuli or their effects, which moderates harm 
10 
and/or exploits beneficial opportunities;  
11 
 
12 
(b) Anthropogenic causes refer to causes resulting from human activities or 
13 
produced by human beings; 
14 
 
15 
(c) Business refers to a natural or legal person, including State-owned 
16 
enterprises, 
transnational 
corporations 
and 
business 
enterprises 
of 
17 
transnational character, other business enterprises, and joint ventures, 
18 
whether individual or aggregate entities, undertaken by a natural person or a 
19 
legal person duly incorporated under the Revised Corporation Code of the 
20 
Philippines or the corresponding relevant corporate establishment legislation in 
21 
other countries. For the purposes of this Act, “business” shall mean businesses 
22 
that reported a gross income of more than ₱100,000,000.00 in the previous 
23 
tax year, or carbon majors, regardless of amount of gross income.  
24 
 
25 
(d) Business relationship refers to any relationship between businesses to 
26 
conduct business activities, including those activities conducted through 
27 
affiliates, subsidiaries, agents, suppliers, partnerships, joint venture, beneficial 
28 
proprietorship, or any other structure or contractual relationship as provided 
29 
under the domestic law of the State, including activities undertaken by 
30 
electronic means;  
31 
 
32 
(e) Carbon majors refer to the businesses that are multinational or state-owned 
33 
producers, traders, and refineries of crude oil, natural gas, coal, and cement, 
34 
that significantly contribute to global greenhouse gas emissions without taking 
35 
climate accountability, and therefore primarily drive climate change; 
36 
 
37 
(f) 
Climate accountability refers to the responsibility of and corresponding 
38 
need for reparation from carbon majors significantly responsible for climate 
39 
change. A climate accountability regime establishes a governance mechanism 
40 
for ensuring that climate targets are met through robust regulation and 
41 
progress reporting. The accountability of carbon majors as defined in this Act 
42 
shall range from negligence to causation based on emissions thresholds;     
43 
 
44 


3 
 
(g) Climate change refers to a change in climate that can be identified by 
1 
changes in the mean and/or variability of its properties and that persists for an 
2 
extended period typically decades or longer, now mainly driven by 
3 
anthropogenic activities since the 1800s; 
4 
 
5 
(h) Climate Change Victims/Survivors refer to (a) people or communities who 
6 
suffered harm, including physical or mental injury, emotional suffering, or 
7 
economic or property loss, or impairment of their human rights as a result of 
8 
climate-related loss and damage; or (b) those communities affected by slow 
9 
or rapid-onset events of such magnitude, that cannot be avoided either by 
10 
mitigation (avoiding and reducing greenhouse gas emissions) or adaptation 
11 
(adjusting to current and future climate change impacts; or who have been, or 
12 
are likely to be, severely affected by climate change, while at the same time 
13 
having inadequate human, social and economic capital for climate change 
14 
adaptation, including relocation; 
15 
 
16 
(i) 
Greenhouse gases (GHG) refer to constituents of the atmosphere that 
17 
contribute to the greenhouse effect including, but not limited to, carbon 
18 
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and 
19 
sulfur hexafluoride.  
20 
 
21 
(j) 
Intergovernmental Panel on Climate Change or IPCC refers to the 
22 
intergovernmental body of the United Nations responsible for assessing the 
23 
science related to climate change; 
24 
 
25 
(k) Loss and Damage refers to the harms resulting from the adverse effects of 
26 
climate change, including extreme weather events and slow onset events, such 
27 
as sea level rise. This includes economic or non-economic harms to life, 
28 
livelihoods, ecosystems, or cultural heritage, and can involve tangible or non-
29 
tangible property, possessions, cultural identity, sacred places or objects, 
30 
human health, among other things; 
31 
 
32 
(l) 
Mitigation, in the context of climate change, refers to human intervention to 
33 
address anthropogenic emissions by sources and removals by sinks of all GHGs, 
34 
including ozone-depleting substances and their substitutes; 
35 
 
36 
(m) Nationally determined contribution refers to the Philippines’ nationally 
37 
determined contribution (“NDC”), as a climate action plan to cut emissions and 
38 
adapt to climate impacts, undertaken and communicated pursuant to Article 3 
39 
of the Paris Agreement; 
40 
 
41 
(n) Paris Agreement refers to an international treaty on climate change adopted 
42 
by the Parties, including the Philippines, to the United Nations Framework 
43 
Convention on Climate Change (UNFCCC) at the twenty-first session of the 
44 
Conference of Parties of the UNFCCC in December 2015 and duly deposited 
45 


4 
 
with the United Nations Secretary-General as its Treaty Depositary which aims 
1 
to strengthen the global response to the threat of climate change, in the 
2 
context of sustainable development and efforts to eradicate poverty, and will 
3 
be implemented to reflect equity and the principle of common but 
4 
differentiated responsibilities (CBDR) and respective capabilities, in light of 
5 
different national circumstances; 
6 
 
7 
(o) Reparations refer to the amends for a tort or injury inflicted, especially, in 
8 
the context of this bill, compensation, relocation, and rehabilitation and 
9 
recovery for victims/survivors of climate loss and damage;  
10 
 
11 
(p) Vulnerability refers to the degree to which a system is susceptible to, or 
12 
unable to cope with, adverse effects of climate change, including climate 
13 
variability and extremes. Vulnerability is a function of the character, 
14 
magnitude, and rate of climate change and variation to which a system is 
15 
exposed, its sensitivity, and its adaptive capacity. 
16 
 
17 
CHAPTER II 
18 
 
19 
FRAMEWORK FOR BUSINESS ACCOUNTABILITY 
20 
 
21 
SEC. 4. Due Diligence Standard of Care in the Conduct of Business – 
22 
Businesses in the conduct of their activities shall do no harm. To this end, these 
23 
businesses are mandated to undertake the following throughout their value chain, among 
24 
others: 
25 
 
26 
(a) Businesses must take proactive steps to find out facts about possible climate 
27 
harms their operations may cause and to prevent and address them; 
28 
 
29 
(b) Businesses must proactively adopt measures to shift away from their business-
30 
as-usual activities exacerbating climate change impacts, strategically reduce 
31 
their GHG emissions, and to uphold human rights; and 
32 
 
33 
(c) Taking into account existing and prospective vulnerabilities, businesses must 
34 
address potential impacts of their activities, and to have stringent risk 
35 
management efforts. 
36 
 
37 
Businesses must undertake measures that are in reasonable proportion to the 
38 
nature and scope of the business activities, their ability to influence, the severity of the 
39 
violation that can typically be expected, and the nature of and causal contribution to such 
40 
harms.  
41 
 
42 
A business shall be held accountable for negligence emanating from the 
43 
businesses’ role in exacerbating extreme weather events or slow-onset events where 
44 
they exceed established thresholds for GHG emissions.   
45 


5 
 
 
1 
SEC. 5. Responsibilities. – Businesses have the responsibility to update their 
2 
conduct and policies in accordance with the United Nations Guiding Principles on Business 
3 
and Human Rights. Moreover, they have the following tasks and responsibilities under 
4 
the law:  
5 
 
6 
(a) Climate related financial disclosures – Businesses shall disclose to the Securities 
7 
and Exchange Commission (SEC) climate-related financial disclosures and the 
8 
names of those who authorized the climate-related financial transactions. This 
9 
shall include opportunities and risks from climate impacts, climate policies and 
10 
new technologies; 
11 
 
12 
(b) Measurement of GHG emissions – Businesses shall measure and analyze their 
13 
GHG emissions, throughout their value chains, to comply with the  standards 
14 
based on the most recent scientific evidence and reports of the IPCC; 
15 
 
16 
(c) Prevention of human rights abuses – Businesses must ensure, throughout their 
17 
value chains,  that in the conduct of their operations and activities, efforts must 
18 
be made not just to counter the adverse impacts of climate change, but also 
19 
to ensure the protection of human rights. Businesses shall respect, protect, 
20 
and promote the human rights of communities, including the right to life, 
21 
liberty and property, freedom of movement, right of public participation, and 
22 
the right to self-determination of indigenous cultural communities. In 
23 
accordance with the United Nations Guiding Principles on Business and Human 
24 
Rights, businesses have the responsibility to respect human rights especially in 
25 
the context of climate change, and should avoid harming these rights by taking 
26 
proactive steps to identify, prevent, mitigate, and address adverse impacts with 
27 
which they are involved; 
28 
 
29 
(d) Monitoring of people who experience the impacts of climate change – Due 
30 
diligence must be undertaken by businesses to address the adverse climate 
31 
change-related human rights impacts they may cause or contribute through its 
32 
own activities, or which may be directly linked to its operations, products or 
33 
services by its business relationships. This can be achieved through on-the-
34 
ground assessments of adverse impacts through stakeholder participation.  
35 
 
36 
Stakeholder consultations should be held on a regular basis with reports 
37 
released on a quarterly schedule.  
38 
 
39 
For projects that require the consent of the communities in which 
40 
infrastructure is constructed, the business must proactively pursue the 
41 
compliance with and adherence to the provisions of Republic Act No. 8371, or 
42 
“The Indigenous People’s Rights Act of 1997”. 
43 
 
44 


6 
 
(e) Reporting – Businesses shall submit a report of their findings, and initiatives to 
1 
address the issues mentioned under Sections 4, 5, and 6 of this Act. The report 
2 
shall include initiatives that were taken in the context of business relationships, 
3 
such as, entities in its value chain, and any other non-state or state entity 
4 
directly linked to the business operations, products or services. The report shall 
5 
also include an assessment of vulnerabilities, and whether or not efforts have 
6 
been made to address the possible impacts of climate change through internal 
7 
or external corporate policy decisions, or whether the business utilizes 
8 
renewable energy. The report must also include mitigation and adaptation 
9 
efforts, energy efficiency particularly with regard to equipment inventory, 
10 
waste reduction, and the utilization and construction of green infrastructure to 
11 
support the work of the corporation.  
12 
 
13 
The report shall be filed by the business with the Climate Change Commission 
14 
and the Securities and Exchange Commission, and shall be made available on 
15 
all their platforms for download and distribution to the public at any time.
16 
 
 
 
 
 
 
 
 
 
 
 
 
17 
To help businesses with their reportorial requirements, this Act shall establish 
18 
a reporting facility for GHG emissions of businesses, and a threshold for 
19 
acceptable emissions established. Such a reporting facility will be lodged with 
20 
the 
Philippine 
Geophysical 
Atmospheric 
and 
Astronomical 
Services 
21 
Administration (PAG-ASA).  
22 
 
23 
SEC. 6. Adoption of the Precautionary Principle. – This Act shall adopt Rule 
24 
20 of the Rules of Procedure for Environmental Cases, where: 
25 
 
26 
(a) Applicability.—When there is a lack of full scientific certainty in establishing a 
27 
causal link between human activity and environmental effect, the court shall 
28 
apply the precautionary principle in resolving the case before it. 
29 
 
30 
The constitutional right of the people to a balanced and healthful ecology shall be 
31 
given the benefit of the doubt. 
32 
 
33 
(b) Standards for application.—In applying the precautionary principle, the following 
34 
factors, among others, may be considered: (1) threats to human life or health; (2) 
35 
inequity to present or future generations; or (3) prejudice to the environment 
36 
without legal consideration of the environmental rights of those affected. 
37 
 
38 
The business and the PAGASA, which monitors GHG emissions, shall also be 
39 
obliged to disclose whether or not the cause and effect have not yet been scientifically 
40 
established.  
41 
 
42 
SEC. 7. Incentives. — Businesses which observe their due diligence standard 
43 


7 
 
of care and which contribute to the transition to clean energy as set out in the Philippines’ 
1 
Nationally Determined Contribution (NDC) and other mechanisms and roadmaps shall be 
2 
recognized by the government through a tax credit regime. This shall be rationalized in 
3 
the IRR upon the passage of the bill.  
4 
 
5 
SEC. 8. Who may file. – Any real party in interest, or the climate change 
6 
victims/survivors may seek redress for any harm caused by non-compliance of the 
7 
business entity with its obligations under Sections 4 to 6  or commission of any prohibited 
8 
acts under this Act. Minors, generations yet unborn, and biodiversity can, likewise, be 
9 
allowed as litigants which should be represented by a legal guardian, in compliance with 
10 
A.M. No. 09-6-8-SC, or the “Rules of Procedure for Environmental Cases”. The petitions 
11 
may be filed with the regional trial court exercising jurisdiction on the business address 
12 
of the corporation, the residence of the complainant/s, or any location where the impact 
13 
is felt.  
14 
 
15 
The filing of a petition in the domestic courts shall be without prejudice to the 
16 
seeking of appropriate administrative recourse or international redress. 
17 
 
18 
SEC. 9. Citizens suits. – For the purpose of enforcing the provisions of this Act 
19 
or its implementing rules and regulations, any real party in interest may file appropriate 
20 
civil, criminal, and administrative suits against any of the following:  
21 
 
22 
(a) Any person who violates or fails to comply with the provisions of this Act or its 
23 
implementing rules and regulations; or  
24 
 
25 
(b) Any public officer with respect to orders, rules and regulations inconsistent 
26 
with this Act. 
27 
 
28 
SEC. 10. Adoption of the Polluter Pays Principle. – Carbon majors or 
29 
polluters shall pay for the damage they caused to the environment, as may be provided 
30 
under relevant environmental and natural resource management laws such as, but not 
31 
limited to:  
32 
 
33 
(a) Presidential Decree No. 705 or the “Revised Forestry Code of the Philippines”;  
34 
(b) Presidential Decree No. 856 or the “Code on Sanitation of the Philippines”; 
35 
(c) Presidential Decree No. 979 or the “Marine Pollution Decree of 1976”;  
36 
(d) Presidential Decree No. 1152 or the “Philippine Environmental Code”;  
37 
(e) Presidential Decree No. 1219 or “The Coral Resources Development and 
38 
Conservation Decree”;  
39 
(f) Republic Act No. 6969 or the “Toxic Substances and Hazardous and Nuclear 
40 
Wastes Control Act of 1990”;  
41 
(g) Republic Act No. 7076 or the “People’s Small-scale Mining Act of 1991”;  
42 
(h) Republic Act No. 7586 or the “National Integrated Protected Areas Systems 
43 
Act of 1992” as amended by Republic Act No. 11038;  
44 


8 
 
(i) Republic Act No. 7942 or the “Philippine Mining Act of 1995”;  
1 
(j) Republic Act No. 8048 or the “Coconut Preservation Act of 1995”;  
2 
(k) Republic Act No. 8041 or the “National Water Crisis Act of 1995”;  
3 
(l) Republic Act No. 8371 or “The Indigenous Peoples’ Rights Act of 1997”;  
4 
(m) Republic Act No. 8435 or the “Agriculture and Fisheries Modernization Act of 
5 
1997”;  
6 
(n) Republic Act No. 8550 or “The Philippine Fisheries Code of 1998”;  
7 
(o) Republic Act No. 8749 or the “Philippine Clean Air Act of 1999”;  
8 
(p) Republic Act No. 9003 or the “Ecological Solid Waste Management Act of 
9 
2000”;  
10 
(q) Republic Act No. 9136 or the “Electric Power Industry Reform Act of 2001”;  
11 
(r) Republic Act No. 9147 or the “Wildlife Resources Conservation and Protection 
12 
Act”;  
13 
(s) Republic Act No. 9072 or the “National Caves and Cave Resources 
14 
Management and Protection Act”;  
15 
(t) Republic Act No. 9003 or “The Ecological Solid Waste Management Act”;  
16 
(u) Republic Act No. 9168 or the “Philippine Plant Variety Protection Act of 2002”;  
17 
(v) Republic Act No. 9275 or “The Philippine Clean Water Act of 2004”;  
18 
(w) Republic Act No. 9367 or the “Biofuels Act of 2006”;  
19 
(x) Republic Act No. 9513 or the “Renewable Energy Act of 2008”;  
20 
(y) Republic Act No. 9729 or the “Climate Change Act of 2009” as amended by 
21 
Republic Act No. 10174;  
22 
(z) Republic Act No. 10121 or the “Philippine Disaster Risk Reduction and 
23 
Management Act of 2010”;   
24 
(aa) 
Republic Act No. 7611 or the “Strategic Environmental Plan (SEP) for 
25 
Palawan Act”;   
26 
(bb) 
Republic Act No. 9483 or the “Oil Pollution Compensations Act of 2007”; 
27 
and 
28 
(cc) Republic Act No. 11285 or “An Act Institutionalizing Energy Efficiency and 
29 
Conservation, Enhancing the Efficient Use of Energy, and Granting Incentives 
30 
to Energy”.  
31 
 
32 
The polluter is not allowed to shift the burden of evidence for the damage caused 
33 
by the pollution.  
34 
 
35 
The rights and causes of action that are created under this Act shall be without 
36 
prejudice to other causes of actions under existing laws. In estimating the amount of and 
37 
accountability for damage, attribution science can be used as a complementary 
38 
framework in lieu of proof of actual damage.  
39 
 
40 
SEC 11. Application of the Doctrine of Last Clear Chance. — The Doctrine 
41 
of Last Clear Chance shall be applied to this Act whereby carbon majors’ knowledge of 
42 
their significant contribution to climate change compels them to substantially reduce 
43 
greenhouse gas emissions to be faithful to their duty of care. Failure to do so implicates 
44 


9 
 
them in exacerbating and thus makes them accountable for significantly contributing to 
1 
the climate crisis.  
2 
 
3 
SEC. 12. Attribution Science. – Attribution science looks at how climate change 
4 
exacerbates an extreme event or makes it more frequent. In extreme event attribution, 
5 
real-time analyses may be conducted immediately after an extreme weather event to 
6 
determine whether climate change had played a role in it. This is carried out first by 
7 
examining archival data, and then running two simulation models, one where greenhouse 
8 
gas emissions are kept constant and another where actual greenhouse gas emissions are 
9 
factored in. Attribution science shall be viewed alongside factors such as exposure and 
10 
underlying vulnerability, which put communities at risk.  
11 
 
 
12 
The adjudication of cases under this Act, therefore, shall make use of attribution 
13 
science as one of its bases for ruling. The adjudication shall build on existing 
14 
understandings of the climate-related events most substantially affected by human 
15 
influence on the climate. Establishing a threshold for greenhouse gas emissions beyond 
16 
which corporations will be found liable shall be the principal basis for prosecuting and 
17 
penalizing corporations.   
18 
 
19 
CHAPTER III 
20 
LOSS AND DAMAGE MECHANISMS 
21 
 
22 
SEC. 13. Establishment of the Climate Change Reparations Fund. –The Climate 
23 
Change Reparations Fund (CCRF) is hereby created as a special fund in the Bureau of 
24 
the Treasury for the financing of the claims approved by the Climate Change Reparations 
25 
Board. The CCRF shall be used to respond to claims made by Climate Change 
26 
Victims/Survivors. Claims may take the form of the following, among others: 
27 
 
28 
(a) Compensation for economic and non-economic harms;  
29 
(b) Technology transfers; 
30 
(c) Capacity building; 
31 
(d) Financial support 
32 
(e) Relocation; and  
33 
(f) Recovery and Rehabilitation measures.  
34 
 
35 
The amount of Fifty million pesos (₱50,000,000.00) shall be initially allotted as the 
36 
opening balance of the CCRF under the General Appropriations Act (GAA); Provided, That 
37 
the balance of the CCRF may be increased as the need arises; Provided, Further, That 
38 
the CCRF shall not be used to fund personal services and other operational services of 
39 
the Board; Provided, Furthermore, That the balance of the CCVF including the amount 
40 
appropriated in the GAA which shall form part of the funds shall not revert to the general 
41 
fund; Provided, Finally, That the Board shall submit to the Congress and the Department 
42 
of Budget and Management (DBM) an annual narrative and financial report on the 
43 
utilization of the CCRF. 
44 


10 
 
 
1 
The CCRF may be augmented by donations, endowments, grants, and 
2 
contributions, which shall be exempted from donor’s tax and be considered as allowable 
3 
deductions from the gross income of the donor, in accordance with the provisions of the 
4 
National Internal Revenue Code of 1997, as amended. The CCRF shall also serve as the 
5 
repository for funds generated by international and other mechanisms created for loss 
6 
and damage finance.  
7 
 
8 
SEC. 14. Establishment of the Climate Change Reparations Board. – There 
9 
is hereby created an independent quasi-judicial body to be known as the Climate Change 
10 
Reparations Board, hereinafter referred to as the Board, which shall be attached to the 
11 
Commission on Human Rights. The CCRB shall administer the CCRF.  
12 
 
13 
The Board shall be composed of five (5) members, who shall possess the following 
14 
qualifications:  
15 
 
16 
(a) Must be of known probity, competence, and integrity;  
17 
(b) Must have a deep and thorough understanding and knowledge of climate change, 
18 
environmental law, and/or ecosystems science; 
19 
(c) At least two (2) must be members of the Philippine Bar who have been engaged 
20 
in the practice of environmental law or human rights for at least ten (10) years;  
21 
(d) At least two (2) must be climate scientists or recognized experts who have a 
22 
technical proficiency of climate science and the subfield of climate attribution 
23 
science; and  
24 
(e) At least one (1) representative from and chosen by civil society engaged in human 
25 
rights and climate justice issues.  
26 
 
27 
The Board shall organize itself within thirty (30) days from the completion of 
28 
appointment of all three (3) members and shall, thereafter, organize its Secretariat.  
29 
 
30 
SEC. 15. Appointment to the Board. – The President shall appoint the 
31 
Chairperson and the members of the Board; Provided, That human rights organizations, 
32 
environmental organizations, and indigenous peoples’ rights, women’s rights, youth’s 
33 
rights, and people with disabilities’ rights advocates may submit nominations to the 
34 
President for the civil society representative; Provided, Further, That the members of the 
35 
Board cannot be removed without justifiable cause.  
36 
 
37 
SEC. 16. Term of Office. – The members of the Board shall serve for three (3) 
38 
years: Provided, That for the first appointees, the Chairperson and two (2) members, 
39 
shall hold office for three (3) years, two (2) members shall hold office for two (2) years; 
40 
Provided, Further, That appointment to any future vacancy shall only be for the unexpired 
41 
term of the predecessor: Provided, Finally, That there shall be no reappointment and in 
42 
no case shall any member serve for more than seven (7) years.  
43 
 
44 


11 
 
SEC. 17. Functions of the Board. – The Board shall have the following powers 
1 
and functions:  
2 
 
3 
(a) Receive, evaluate, process, and investigate applications for claims under this 
4 
Act;  
5 
(b) Issue subpoena ad testificandum and subpeona duces tecum;  
6 
(c) Enjoin any and all acts involving or arising from any claims pending before 
7 
it, which, if not restrained forthwith, may cause further or irreparable damage 
8 
to any of the parties to the claim or seriously affect social and economic 
9 
stability;  
10 
(d) Hold any person in contempt, directly or indirectly, and impose appropriate 
11 
penalties therefor;  
12 
(e) Administer the Climate Change Reparations Fund; 
13 
(f) 
Approve with finality all eligible claims under this Act;  
14 
(g) Deputize appropriate government agencies to assist the Board in order for it 
15 
to effectively perform its functions;  
16 
(h) Exercise administrative control over its Secretariat; 
17 
(i) 
Promulgate such rules as may be necessary to carry out the purposes of this 
18 
Act, including rules of procedure in the conduct of its proceedings, with the 
19 
Revised Rules of Court of the Philippines having suppletory application; and  
20 
(j) 
Perform such other duties, functions, and responsibilities as may be 
21 
necessary to effectively attain the objectives of this Act.  
22 
 
23 
In any proceeding before the Board, the rules of evidence prevailing in the courts 
24 
of law or equity shall not be controlling but applied suppletorily, and it is the spirit and 
25 
intention of this Act that shall govern. The board shall use every and all reasonable means 
26 
to ascertain the facts in each case speedily, objectively, and without regard to 
27 
technicalities of law or procedure, all in the interest of due process and social justice.  
28 
 
29 
In any proceeding before the Board, the parties may be represented by a legal 
30 
counsel.  
31 
 
32 
The findings of fact of the Board shall be conclusive and binding on the parties 
33 
and its decision or order shall be deemed final and executory.  
34 
 
35 
SEC. 18. Resolution of Claims. – The Board shall be convened, with an 
36 
attendance of a majority, to resolve all claims.  
37 
 
38 
SEC. 19. Compensation. – The Chairperson and members of the Board shall be 
39 
entitled to compensation in accordance with the Salary Standardization Law.  
40 
 
41 
SEC. 20. Secretariat of the Board. – The Board shall be assisted by a 
42 
Secretariat, without prejudice to the hiring of additional personnel as determined by the 
43 
Board to accommodate the volume of required work.  
44 
 
45 


12 
 
The Secretariat shall assist the Board with its functions and perform other duties 
1 
as may be assigned by the Board.  
2 
 
3 
The Chairperson of the Board shall appoint a Board Secretary who shall head the 
4 
Secretariat for the duration of the existence of its Board. There shall be a Technical Staff 
5 
Head to be assisted by five (5) legal officers and three (3) climate scientists, and an 
6 
Administrative Staff Head assisted by three (3) administrative support staff.  
7 
 
8 
CHAPTER IV 
9 
FINAL PROVISIONS 
10 
 
11 
SEC. 21. Penal Provisions. — Businesses shall be held liable for any observed 
12 
adverse impacts on the climate through the exercise of their work. This is anchored on 
13 
Sec 32 of the Civil Code of the Philippines which provides for the liability for damages of 
14 
any public officer or employee, or any private individual, who directly or indirectly 
15 
obstructs, defeats, violates or in any manner impedes or impairs the rights and liberties 
16 
of another person. The violation of the human right to the environment entitles the 
17 
victims thereto for damages from the perpetrators of such damage.  
18 
 
 
 
 
19 
(a) Greenwashing. – Greenwashing refers to the conveyance of false information 
20 
on the environmental soundness of their products, operations, and services. Acts of 
21 
greenwashing include, but are not limited to, outright false statements, understating 
22 
impacts, omitting trade-offs, absence of proof backing up claims, vague or overbroad 
23 
claims, false third-party certifications, and the like.  Any act of greenwashing shall be 
24 
restrained, and the culpable business engaged in greenwashing fined an amount 
25 
equivalent to 15% of their gross income reported in their latest regulatory disclosure. 
26 
The collected penalty shall accrue to the CCRF. 
27 
 
28 
(b) Climate denialism. – Climate denialism refers to the public denial or dismissal 
29 
of anthropogenic climate change, in a manner deliberately intended to mislead or 
30 
intentionally misstating facts, contrary to scientific consensus. Any business engaged in 
31 
climate denialism shall be held liable for the disinformation perpetuated, by issuing a 
32 
public retraction and sanctioned with a penalty in an amount equivalent to 15% of their 
33 
gross income reported in their latest regulatory disclosure. The collected penalty shall 
34 
accrue to the CCRF. 
35 
 
36 
(c) Emission Penalty - Based on data collated by the reporting facility for businesses’ 
37 
GHG emissions established by this Act, an emission penalty shall be applied pursuant to 
38 
Section 12 of this Act for breaching the threshold for acceptable emissions which are also 
39 
aligned with the country’s nationally determined contributions. The threshold shall be 
40 
established after due consultation among the PAG-ASA, the Climate Change Reparations 
41 
Board, and the Climate Change Commission. All collected penalties shall be remitted to 
42 
the CCRF. 
43 


13 
 
(d) SLAPP Suits. — Strategic lawsuit against public participation (SLAPP) refers to 
1 
an action whether civil, criminal or administrative, brought against any person, institution 
2 
or any government agency or local government unit or its officials and employees, with 
3 
the intent to harass, vex, exert undue pressure or stifle any legal recourse that such 
4 
person, institution or government agency has taken or may take in the enforcement of 
5 
environmental laws, protection of the environment or assertion of environmental rights. 
6 
This Act shall prohibit SLAPP Suits and shall penalize such suits filed, with damages 
7 
equivalent to 15% of the gross income of the petitioner and entity at whose instance and 
8 
for whose benefit the SLAPP Suit was filed.  
9 
 
10 
Fines and penalties under this Act shall accrue to the CCRF. In addition to the 
11 
fines, the court has power to order the closure or suspension of business until such time 
12 
that proper environmental safeguards are put into place and the government is assured 
13 
of the compliance mechanism by the business: Provided, That an establishment liable for 
14 
a third offense shall suffer permanent and immediate closure.  
15 
 
16 
This paragraph shall be without prejudice to the immediate issuance of an ex parte 
17 
order for such closure or suspension or cessation of operations during the pendency of 
18 
the case upon prima facie evidence that there is an imminent threat to life, public health, 
19 
safety or general welfare, or to biodiversity.  
20 
 
21 
If the offender is a juridical person, the president, manager, directors, trustees, 
22 
or the officials directly related to the operations shall suffer the penalty herein provided.  
23 
 
24 
SEC. 22. Potential Loss of Employment. – The Secretary of the Department 
25 
of Labor and Employment is authorized to establish a compensation and reemployment 
26 
scheme for employees of businesses that will be affected by any suspension or 
27 
permanent cessation of business activities as a result of the implementation and 
28 
enforcement of this Act. The Board can help determine the scope of the relief package 
29 
for the employees.  
30 
 
31 
SEC. 23. Coordination with Various Sectors. – In order to fully implement 
32 
this Act, nongovernment organizations, community leaders, indigenous peoples, civic 
33 
society, the academe, and youth organizations, the private and corporate sectors, and 
34 
other concerned stakeholder groups shall be consulted and shall work in close 
35 
coordination with corporations.  
36 
 
37 
SEC. 24. Joint Congressional Oversight Committee. – A Joint Congressional 
38 
Oversight Committee is created in order to monitor the implementation of this Act. The 
39 
Committee shall be composed of five (5) Senators and five (5) members of the House of 
40 
Representatives, selected respectively by the Senate President and the Speaker of the 
41 
House. The Committee shall be co-chaired by one (1) member from the Senate and the 
42 
House of Representatives, selected separately by their peers who are also members of 
43 
the Committee.  
44 


14 
 
 
1 
SEC. 25. Appropriations. – An 
amount 
of 
Fifty Million Pesos 
2 
(₱50,0000,000.00) shall be appropriated for the initial implementation of this Act. 
3 
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall 
4 
be included in the General Appropriations Act.  
5 
 
6 
SEC. 26. Implementing Rules and Regulations. – The Climate Change 
7 
Commission, Commission on Human Rights, and the Securities and Exchange 
8 
Commission, shall issue the Implementing Rules and Regulations within ninety (90) days 
9 
from the effectivity of this Act.  
10 
 
11 
SEC. 27. Separability Clause. – If any of the sections or provisions of this Act 
12 
is held invalid, all other provisions not affected thereby shall remain valid. 
13 
 
14 
SEC. 28. Repealing Clause. – All laws, decrees, orders, resolutions, instructions, 
15 
rules and regulations, and other issuances or parts thereof which are inconsistent with 
16 
the provisions of this Act are hereby repealed, amended, or modified accordingly. 
17 
 
18 
SEC. 29. Effectivity. – This Act shall take effect fifteen (15) days after its 
19 
publication in the Official Gazette or in a newspaper of general circulation. 
20