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Republic of the Philippines
HOUSE OF REPRESENTATIVES

Queson City

S
SinersF

EIGHTEENTH CONGRESS
‘Second Regular Session

House Bit no.2184

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

EXPLANATORY NOTE

The Philippines is described as “ground zero for climate disaster” as the World Bank
identified the country as one of the world's most "vulnerable" countries in terms of
susceptibility to natural disasters attributed to climate change. The Philippines was even
ranked the 13th most climate-vulnerable country in the 2016 Climate Change Vulnerability
Index

About 20 tropical cyclones enter the Philippine waters each year, on average. And
over the past decade, these tropical storms have struck the nation more often and more
severely because of climate change as also specified by scientists. The deadliest storm on
record is Typhoon Haiyan, known locally as Typhoon Yolanda, which was responsible for
more than 6,300 lost lives with over four million displaced citizens, and $2 billion in damages
in 2013.

Climate change is thus considered a national security risk as it endangers the safety of
the Filipino people, food supply and economic stability. Statistics show that 62% of Filipinos
live in coastal municipalities and 50% of those 1,490 municipalities are vulnerable to storms
and typhoons. Over 13 million Filipinos are at risk of losing homes due to rising sea levels and
during the last five years, natural disasters have cost our country PhP191 Billion. In order to
combat climate change, we must fully understand our vulnerability and thus develop resilient
solutions.

-At present, the country has two existing legislation concerning climate change,
namely, the Philippine National Disaster Risk Reduction and Management Act of 2010 and
the Climate Change Act of 2009. However, these laws need to be

correlated and strengthened to achieve a common purpose. Climate change and disaster risk
reduction and management (DRRM) are closely interrelated and an effective DRRM will
enhance adaptive capacity to climate change, climate variability and extreme climate events.

This bill seeks to create an accountable, independent, focused, and specialized single
government agency, the Department of Climate Change, that will function not only after the
occurrence of disaster, but will work all-year-round to build the country’s capacity and
management of climate change; to strengthen the planning, execution and financing
framework for climate change; to enhance leadership and accountability through


monitoring, evaluation and review of climate change policies and activities; and to ensure
effective mechanism even before disaster strikes. 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). Under the principle of administrative convenience,
the efficiency of delivery of frontline services is enhanced through the creation of a full-
pledged department which is dedicated to an area of service within its primary competence.

This bill will emphasize the importance of climate change resiliency and adaptation
measures such as building flood defenses and raising the levels of dykes; developing
drought-tolerant crops; choosing tree species and forestry practices less vulnerable to
storms and fires; stabilization of greenhouse gas concentrations and the like. Due to the
varying severity and nature of climate impacts in different areas of the country, most
adaptation initiatives will be taken at the regional or local levels.

Ithas been shown that well planned, early adaptation action saves money and lives later.

President Rodrigo Roa Duterte stated that addressing climate change is top priority
for the Philippines. Climate change has a direct and immediate-impact in the progress of our
economy. A destructive typhoon season costs the nation two percent of its gross domestic
product. It costs another two percent to rebuild the infrastructure lost, putting the
Philippines at least four percent in the hole each year from tropical storms. Clearly, our
country’s progress will be unattainable if we have to constantly deal with mounting losses in
productivity, damage to critical infrastructure, damage to food crops and death due to
climate change.

Thus, the immediate approval of this bill is earnestly sought.

Ly prod

LUIS RAYMUND “LRAY”/F. VILLAFUERTE, JR.


blic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

House BILL No8181

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

‘AN ACT CREATING THE DEPARTMENT OF CLIMATE CHANGE, APPROPRIATING FUNDS
‘THEREFOR, AND FOR OTHER PURPOSES,

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

SECTION 1. Short Title. — This Act shall be known as the "Department of Climate Change Act
of 2020".

SECTION 2. Declaration of Policy. — It is the policy of the State to afford full protection and
advancement of the right of the people to a healthful ecology in accord with the rhythm and
harmony of nature and to promote a simplified, strategic, systematic, continuous,
comprehensive, inclusive, and integrated approach to climate change and ultimately
preventing or deterring the loss of lives and the social, economic, cultural, and
environmental assets of the country.

SECTION 3. Definition of Terms. — For purposes of this Act, the following shall refer to:

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

(b) Anthropogenic causes mean causes resulting from human activities or produced by
human beings.

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



(4) Climate Change Adaptation (CCA) means adjustment in natural or human systems in
response to actual or expected climatic stimuli or their effects, which moderates
barn or exploits beneficial opportunities.

{e) Climate Finance means resources that have been allocated or may be utilized
towards the climate change adaptation and mitigation requirements of the country
and its vulnerable communities.

(f) Climate Variability means variations in the average state and in other statistics of
the climate on all temporal and spatial scales beyond that of individual weather
events.

(g) Climate Risk means the product of climate and related hazards working over the
vulnerability of human and natural ecosystems.

(h) Contingency Planning means a management process that analyzes specific poter
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 situ

{i) Disaster means 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 Risk Reduction and Management (DRRM) means the systematic process of
using administrative directives, organizations, and operational skills and capacities
to implement strategies, policies and improved coping capacities in order to lessen
the adverse impacts of hazards and the possibility of disaster. Prospective Disaster
Risk Reduction and Management refers to risk reduction and management activities
that address and seek to avoid the development of new or increased disaster risks,
especially if risk reduction policies are not put in place.

{k) Geographic Information System means a database which contains, among others,
geohazard assessments, information on climate change, climate change adaptation
and climate risk reduction and managemer

()) Gender Mainstreaming means strategy for making the concerns and experiences of
women as well as those of men an integral dimension of the design, implementation,
monitoring, and evaluation of policies and programs in all political, economic,
environmental or ecological and societal spheres so that women and men benefit
equally and inequality is not perpetuated. It is the process of assessing the
implications for women and men of any planned action, including legislation,
policies, or programs in all areas and at all levels.


(m)Global Warming means the increase in the average temperature of the Earth's near-
surface air and oceans that is associated with the increased concentration of
greenhouse gases in the atmosphere.

(n) Government means the National Government or any of its subdivisions, agencies or
instrumentalities, including government-owned and controlled corporations and
their subsidiaries, and Local Government Units.

(0) Greenhouse effect means the process by which the absorption of infrared radiation
by the atmosphere warms the Earth

{p) Greerthouse Gases (GHG) means constituents of the atmosphere that contribute to
the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

(q) Humanitarian means one devoted to the promotion of human welfare and the
advancement of social reform.

(1) Mainstreaming means the integration of policies and measures that address climate
change into development planning and sectoral decision-making.

(s) Mitigation in the context of climate change, means human intervention to reduce
anthropogenic emissions sources and enhance removals by sinks of all CHG,
including ozone-depleting substances and their substitutes.

(t) Mitigation potential means the scale of GHG reductions that could be made, relative
to emission baselines, for a given level of carbon price (expressed in cost per unit of
carbon dioxide equivalent emissions avoided or reduced).

(u) Sea level rise means an increase in sea level which may be influenced by factors like
global warming through expansion of sea water as the oceans warm and melting of
ice over land and local factors such as land subsidence.

(v) State of Calamity means a condition involving mass casualty and/or major damages
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.

(w)Vulnerability means the degree to which a system is susceptible to, or unable to cope

with, adverse effects of climate change, including climate variability and extreme
imate events. Vulnerability is a function of the character, magnitude, and rate of
ate change and variation to which a system is expased, its sensitivity, and its
adaptive capacity.



CHAPTER 1
DEPARTMENT OF CLIMATE CHANGE

SECTION 4. Department of Climate Change. — In order to carry out the above-declared
policy, there is hereby created the Department of Climate Change, hereinafter referred to
as the Department, which shall prepare, integrate, coordinate, supervise and control all
plans, programs, projects and activities of the Government relative to mainstreaming of
climate change, ORRM and CCA.

SECTION 5. Powers and Functions. — The Department shall assume the powers and
functions of the National Disaster Risk Reduction and Management Council (NORRMC) and
the Office of the Civil Defense (OCD) under Republic Act No. 10121. The Department shall
also assume the powers and functions of the Climate Change Commission (CCC) under
Republic Act No. 10174

All references to the powers and functions of the NDRMMC, OCD and CCC shall be
understood to refer to the Department created under this Act.

SECTION 6. Composition. — The Department shall be composed of the Office of the
Secretary and the Offices of the Undersecretaries and Assistant Secretaries, and the bureaus
and services of the Department,

SECTION 7. Office of the Secretary. — The Office of the Secretary shall consist of the
Secretary and his/her immediate staff.

SECTION 8. The Secretary. — The Secretary shall be appointed by the President, subject to
confirmation by the Commission on Appointments.
The Secretary shall have the following powers and functions:

(a) Advise the President in issuing executive orders, regulations, proclamations and
other issuances, the promulgation of which is expressly vested by law in the
President relative to matters under the jurisdiction of the Department;

{b) Coordinate and synchronize climate change programs in consultation with local
government units and other stakeholders;

{c) Formulate strategies for mitigating GHG emissions, anthropogenic sources and
enhance removal by sinks;

(d) In coordination with the Department of Foreign Affairs, represent the Philippines
in the climate change negotiations, constitute and lead the Philippine panel of
negotiators to the UNFCCC and the formulation of official Philippine positions on
climate change negotiation issues, and decision areas in the international
negotiation arena;

{e) Formulate and update guidelines for determining vulnerability to climate change
impacts and adaptation assessments and facilitate the provision of technical
assistance for their implementation and monitoring;


(f) Facilitate capacity building for local adaptation planning, implementation and
monitoring of climate change initiatives in vulnerable and marginalized
‘communities and areas;

(@) Promote and provide technical and financial support to local research and
develop merit programs and projects in vulnerable and marginalized
‘communities and areas;

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

(i) Exercise direct supervision and control over all functions and activities of the
Department, as well as all its officers and personnel; and

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

SECTION 9. The Undersecretaries. — The Secretary shall be assisted by three (3)
Undersecretaries who shall be appointed by the President upon recommendation of the
Secretary. They shall have the powers and functions as provided for in Section 10, Chapter
2, Book IV of the Administrative Code of 1987.

The Office of the Undersecretaries shall consist of the Undersecretaries and their respective
immediate staff.

SECTION 10. Assistant Secretaries. — The Secretary shall also be assisted by three (3)
Assistant Secretaries, one (1) for operations, one (1) for policy, and one (1) for administrative
services. The Assistant Secretaries shall be appointed by the President upon the
recommendation of the Secretary.

SECTION 11. Qualifications. No person shall be appointed Secretary, Undersecretary, or
Assistant Secretary of the Department, unless he/she is a citizen and resident of the
Philippines, of good moral character, and of proven experience or competence/expertise in
any of the following fields: (I) climate change by virtue of educational background, training
and experience; (2) humanitarian emergency and disaster management; (3) put
administration and (4) environmental law. The Secretary, Undersecretary, or Assistant
Secretary shall not hold any other position, public or private, during his/her tenure.

SECTION 12. Bureaus and Services. — Subject to the power of the Secretary, with the
approval of the President, to reorganize, restructure, and redefine the functions of the
bureaus and services for the effective discharge of the powers and functions of the
Department under this Act, the Department shall have the following bureaus and service:

(2) Bureau of Climate Change Adaptation;

{b) Bureau of Disaster Risk Reduction and Management;

(c) Bureau of Humanitarian Emergency Relief Operations; and


(d) Bureau of Administration and Finance.

SECTION 13. Powers and Functions of the Bureaus and Service. — The bureaus and service
shall have the following powers and functions:

{a) The Bureau of Climate Change Adaptation shall assist the Secretary in the

formulation of policies, programs and plans related to CCA and climate change

resiliency. In particular, it shall take the lead

i.Closely coordinating with the Department of Agriculture in developing

vi.

climate-resilient crops and agro-forestry livelihood programs in
relation to climate smart agriculture;

Developing and closely coordinating with local government units in
creating climate smart communities;

Developing inter-departmental collaboration with Department of
Environment and Natural Resources (DENR) for water and natural
resources, Department of Energy (DOE) for renewable energy,
Department of Transportation (DOTr) for low carbon transportation
and Department of Tourism (DOT) for sustainable tourism;

Fortifying global support for the Vulnerable 20 (v20) by establishing a
Disaster Response Fund to be funded top 20 greenhouse emitters,
exchanging best practices on economic and financial aspects of
climate action;

Mainstreaming and integrating CCA in all national, sectoral, regional
‘and local development policies, plans and budgets, relating to
environmental protection, including, but not limited to,those for land
use and natural resource management, enforcement and updating of
all national legislation relating to modification of infrastructure
towards resiliency; and

Such other functions relevant to its mandate to formulate climate
change adaptation policies.

(b) The Bureau of Disaster Risk Reduction and Management shall assist the
Secretary in the formulation of policies, programs, and plans related to disaster
prevention and mitigation. In particular, it shall take the lead in

‘Making an inventory and checklist of all personnel, equipment, and
supplies critical during disasters in all local government units, in
accordance with protocols and contingency plans, and endeavoring
that the same be provided to the local government unit within a
period of twelve (12) months upon the passage into law of this Act;


ili

vi.

vii.

Conducting a review of the National Building Code and Fire Code of
the Philippines, together with the relevant government department,
and submitting the results thereof to the Senate and House of
Representatives of the Philippines, with a view of developing
legislation which seeks to strengthen Infrastructure in li
disaster prevention arrd mitigation;

Developing, updating, and maintaining a national geographic
information system which shall be the basis of national, regional, and
local disaster protocols and contingency plans, which shall be under
the control and custody of the Department; The same shall also be
maintained at all local government units, as possible;

Developing and implementing community-based and scientific DRR-
CCA hazard assessment, mapping, analysis and monitoring;

Establishing barangay-level disaster preparedness and closely
coordinating with the concerned local government unit;

Developing and identifying vulnerable communities for relocation
and other related purposes;

Establishing disaster risk financing, insurance, and other risk transfer
‘mechanisms at the community level;

Establishing, developing and improving the end to end monitoring
and forecasting of hazards, including early warning systems and
practices; and

Such other functions relevant to its mandate of disaster prevention
and mitigation.

(c) The Bureau of Humanitarian Emergency Relief Operations shall assist the
Secretary in the formulation and implementation of policies, programs, and
plans related to disaster response. In particular, it shall take the lead in the
following activities, in primary coordination with the local government unit/s
concerned:

‘Establishing and implementing a comprehensive, well-coordinated,

effective and efficient Disaster Response Action Plan (DRAP) for
every humanitarian emergency or disaster, with the primary goal of
preventing or deterring the loss of lives, property and livelihood;

Developing and implementing an integrated and coordinated system
of search, rescue and retrieval (SRR), and evacuations procedure;


Establishing a mechanism to ensure the prompt and accurate
assessment of damage in disaster areas, including, but not limited to,
the loss of lives, bodily injuries, damages to infrastructure and public
facilities, and the destruction of social, economic, cultural, and
environmental assets;

iv. Establishing a mechanism to ensure the prompt and accurate
assessment of humanitarian needs in disaster areas, including, but
Not limited to, food, nutrition, health, clothing, shelter, livelihoods,
water, sanitation, hygiene, protection, and the preservation of peace
and order;

\ Identifying standard-based relief shelters and sites for internally
displaced persons, as well as developing and implementing of a set of
minimum standards for such temporary shelters;

vi. Supplementing the efforts of the local government unit concerned in
providing basic social services, livelihood oriented activities and
psychosocial interventions to the affected population, whether inside
or outside temporary shelters; and

vill. _ Such other functions relevant to its mandate of disaster response.

In case there is total or considerable breakdown of authority resulting from the
humanitarian emergency or disaster, which requires response that goes beyond the
mandate or capacity of the local government unit/s concerned, the Bureau shall, with
prior authorization from the Department, directly formulate, implement, manage and
coordinate all disaster response activities. In such case, the Department shall be
Possessed with the power to call upon other agencies and instrumentalties of
government, and neighboring local government units, to augment, supplement
and/or implement disaster response efforts. Further, the authority of the Bureau shall
be provided, described, and limited in the authorization.

(4) The Bureau of Administration and Finance shall be composed of the Office of the
Legal Counsel and the Financial and Management Office. The Office of the Legal
Counsel shall be responsible for providing legal services and advice on all
policies, programs, and operational matters of the Department. It shall provide
legal counseling services in cases where the Department is a party and shall also
handle administrative cases against any personnel of the Department and
submit recommendations pertaining thereto.

The Financial and Management Office, which shall consist of the Human
Resources Management Division, General Services Division, and the Finance
Division, shall be responsible for providing the Department with services relative
to personnel information, records, supplies, equipment, collection and
disbursements, security, and custodial work. It shall also be responsible for



providing the Department with staff advice and assistance on budgetary,
financial, and management improvement matters.

Chapter 2
ATTACHED AGENCIES AND COORDINATION WITH
OTHER GOVERNMENT DEPARTMENTS

SECTION 14, Relationship with other government departments. — In the discharge of their
respective responsibilities, the Department's bureaus shall coordinate with the relevant
Government departments, agencies, offices and instrumentalities, whose powers and
functions are relevant to each bureau's respective focus area.

SECTION 15. Coordination with other government entities. — The Secretary is hereby
empowered to constitute, call, convene, meet with, and/or deputize agencies of
government, or an aggrupation or cluster thereof, to assist, advise or otherwise coordinate
with the Secretary, The representatives from the civil society/nongovernmental
organizations and the private sector may also be included, as necessary, as members of the
coordination mechanism called for by the Secretary.

SECTION 16. Attached agencies. — The Philippine Atmospheric, Geophysical and
Astronomical Services Administration (PAG-ASA) and the Philippine Institute of Volcanology
and Seismology (PHIVOLCS) are hereby placed under the supervision of the Department;
Provided, however, that they shall continue to perform their respective functions as
provided by law.

Chapter 3
TRANSITORY PROVISIONS

SECTION 12. Abolition of Agencies. — The Office of the Civil Defense (OCD) and the Climate
Change Commission (CCC) are hereby abolished subject to Section 13 of this Act.

SECTION 13. Transfer of Rights, Assets, and Liabilities. — The Department shall, by virtue of
this Act, be subrogated to all the rights and assume all the liabilities of the Office of the Civil
Defense (OCD) and the Climate Change Commission (CCC), and all other agencies, or
government units whose functions and powers have been transferred to the Department,
and all their funds, records, property, assets, equipment, and such personnel as necessary,
including unexpended appropriations and/or allocations. All contracts and liabilities of said
offices, agencies, and government units 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: Provided, That the officers and employees of said
offices, agencies, and government units shall continue in a holdover capacity until such time
‘as the new officers and employees of the Department shall have been duly appointed
pursuant to the provisions of this Act.


SECTION 14. Structure and staffing pattern. — The organizational framework and staffing
pattern of the Department shall be prescribed and approved by the Secretary within sixty
(60) days after the approval of this Act and the authorized positions created therein shall be
filled by regular appointments by the President or the Secretary as the case may be;
Provided, That, in the filling of positions created, preference shall be given to the personnel
of the Office of Civil Defense and the Climate Change Commission.

SECTION 15. Separation from service. — Employees separated from the service as a result of
this reorganization shall, within six (6) months from their separation from the service, receive
the retirement benefits to which they may be entitled under existing laws, rules, and
regulations,

SECTION 16. Appropriations. — The amount needed for the initial implementation of this
act shall be taken from the current year's appropriations of the National Disaster Risk
Reduction and Management Council, the Local Disaster Risk Reduction and Management
Councils, and the Office of Civil Defense. Thereafter, the amount needed for the operation
and maintenance of the Department and its Line Agencies shall be included in the annual
General Appropriations Act.

Chapter 5
MISCELLANEOUS PROVISIONS

SECTION 17. Visitorial Powers. — The Secretary of the Department and/or his/her authorized
representative shall have visitorial and examining authority over governmental and non-
governmental entities engaged in ORRM and CCA efforts to ensure that all funds, donations
due to the Government have been actually collected or delivered.

During such examination, the entity concerned shall produce all the reports, records, books
of accounts, and other papers that may be required.

The refusal by any such entity to allow an examination of its books of accounts and pertinent
records, or the concealment of any material information concerning its financial status, shall
constitute a legal ground for the cancellation of its registration, and the revocation of all tax-
exemption privileges and other benefits granted to it by law, in the case of a non-
governmental entity, or the institution of any proper legal action against the erring official
concerned, in case of a governmental entity.

SECTION 18. Stand-by arrangements with the private sector. — At any time, the Secretary of
‘the Department shall have the power to negotiate, enter into, institutionalize, and
coordinate arrangements with any private person, natural or juridical, for the purpose of
ensuring the adequate, prompt, and ready availability of all goods and services, necessary
for disaster response, for as long as the emergency circumstances require, to be deployed
before, during, and after an emergency or disaster, subject to the payment of just
compensation in appropriate cases,

SECTION 19. Commandeering private property for public purpose. — The Secretary of the
Department shall have the power to commander any private property for urgent public
Purpose, subject to payment of just compensation in appropriate cases, when there is a clear


and present danger that a disaster or humanitarian emergency would cause imminent loss
of lives and/or the massive destruction of property, and time is of the essence. The
commandeering powers shall last no longer than necessary or for as long as the
circumstances require.

The refusal by any such person-or entity tobe commandeered shall constitute a legal ground
for the cancellation of its registration, if any, and the revocation of all tax exemption
privileges and other benefits granted to it by law, in the case of a nongovernmental entity,
or the institution of any proper legal action against the erring official concerned, in case of a
governmental entity. In addition, the official of the establishment, institution, or
functionality shall be subjected to a fine and/or imprisonment as provided in Section 21 of
this Act.

SECTION 20. Declaration of State of Calamity. — Whenever warranted by circumstances, the
Department shall recommend to the President of the Philippines the declaration of a state
of national calamity and the lifting thereof. It shall also have the power to, motu proprio,
declare a cluster of barangays, municipalities, cities, provinces, and regions under a state of
calamity, and the lifting thereof, based on the criteria set by the Department. The President's
declaration shall entail access to international humanitarian assistance, as deemed
necessary.

The declaration and lifting of the state of calamity shall be based on the results of the
damage assessment and needs analysis. The causes, effects and incidents of the calamity
and the need for the declaration shall be specified.

SECTION 21. Emergency and contingency powers. — Whenever it becomes necessary, the
Department Secretary, subject to the chain of command and with the consent of the
President, may call out the Armed Forces of the Philippines and/or the Philippine National
Police to prevent or suppress lawless violence, and to ensure the protection and
preservation of life and/or properties, in the whole range, of disaster risk reduction and
management.

In times of disasters, and whenever warranted by the circumstance, the Department
Secretary may call upon other instrumentalities or entities of the government,
nongovernment and civic organizations for assistance in terms of the use of their facilities
and resources for the protection and preservation of life and properties in the whole range
of disaster risk reduction and management. This authority includes the power to call on the
reserve force as defined in Republic Act No. 7077 to assist in relief and rescue during
disasters or calamities.

SECTION 22. Prohibited Acts. — In addition to the prohibited acts penalized under the
Philippine Disaster Risk Reduction and Management Act of 2010, the following are
prohibited acts:

(a) Any person, group or corporation who directly or indirectly requests or receives any part
of the funds devoted to disaster risk reduction and management, as well as monetary
contributions and donations in kind, where such person, group or corporation has no


right to receive such proceeds from the fund, in whole or in part, monetary contribution
or donation, shall be guilty of the crime of corruption of calamity funds or donations,
and shall be prosecuted and upon conviction shall suffer a fine of not less than One
Hundred Fifty Thousand Pesos (Php 150,000.00) or any amount not to exceed One
Million Five Hundred Thousand Pesos (Php 1,500,000.00), or Imprisonment of not less
‘than twelve (12) years and-one (1) day, nor more than twenty (20) years, or both, at the
discretion of the court, including perpetual disqualification from public office if the
offender is a public officer, and confiscation or forfeiture in favor of the government of
the objects and the instrumentalities used in committing the herein prohibited act;

{b) Any person who, with intent to gain, but without violence against or intimidation of
persons nor force upon things, shall take personal property devoted to any disaster risk
reduction and management activity, without the consent of the Secretary, shall be guilty
Of the crime of qualified theft, and shall be prosecuted and upon conviction shall be
punished by the penalties next higher by three degrees than those respectively specified
In Article 309 of the Revised Penal Code;

(c) Any public officer who, by reason of the duties of his office, is accountable for calamity
funds or property devoted to disaster risk reduction and management efforts, shall
appropriate the same or shall take or misappropriate or shall consent, through
abandonment or negligence, shall permit any other person to take such public funds, or
property, wholly or partially, or shall otherwise be guilty of the misappropriation or
malversation of such funds or property, shall be punished by the penalties next higher
by three degrees than those respectively specified in Article 217 of the Revised Penal
Code;

Inall the above, ifthe 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 entitles license or accreditation issued to them by any
licensing or accredited body of the government. If such offender is an alien, he or she shall,
in addition to the penalties prescribed in this Act, be deported without further proceedings
after service of the sentence.

The prosecution for the offenses shall be without prejudice to any liability for violation of
Republic Act No. 3185, as amended, otherwise known as the Revised Penal Code, and other
civil liabilities.

SECTION 23. Implementing rules and regulations. — The Department shall issue the
necessary rules and regulations for the effective implementation of this Act within ninety
(90) days after approval of this Act. The Secretary, in consultation with relevant government
agencies and other key stakeholders, shall take the lead in the preparation of the
implementing rules and regulations.

SECTION 24. Annual report. — The Department shall submit to the Office of the President,
the Senate, and the House of Representatives, within the first quarter of the succeeding,


year, an annual report relating to the progress of the implementation of all disaster risk
reduction and management efforts, and a detailed inventory of available personnel, supplies
and equipment. Such report shall be made available to the public for scrutiny, copying, and
reproduction, and shall also be uploaded in the Department's website.

SECTION 25. Congressional Oversight Committee — There is hereby created a Congressional
Oversight Committee 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.

SECTION 26. Review. — Within five (5) years after the effectivity of this Act, or as the need
arises, the Congressional Oversight Committee shall-conduct a systematic evaluation of the
accomplishments and impact of this Act, as well as the performance and organizational
structure of the Department, for purposes of determining remedial legislation.

SECTION 27. Repealing Clause. — All laws, decrees, executive orders, proclamations, and
other executive issuances which are inconsistent with or contrary to the provisions of this
Act are hereby amended or repealed accordingly.

SECTION 28. Separability Clause. — If any provision of this law is declared unconstitutional,
the remaining provisions thereof not affected thereby shall remain in full force and effect.

SECTION 29. Effectivity. —This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,