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

EIGHTEENTH CONGRESS
First Regular Session

3084

House Bill No.

Introduced by REPRESENTATIVE ERIC L, OLIVAREZ

EXPLANATORY NOTE

The Philippines is regularly hit by typhoons all year round.

All throughout these years, we are witnesses to the extent of
devastation these typhoons and other natural calamities can cause to
our nation. Just a year ago, typhoon Yolanda left hundreds of our
fellow Filipinos homeless and thousands of them dead. It took a
considerable number of months before the whole affected community
regained an ounce of strength to start recovering. During a state of
calamity, every Filipino family becomes vulnerable to countless
problems entailed from a strong typhoon and/or other natural
disasters. Each Person needs to start from scratch to get back a little
of what they used to have.

In a state of calamity, it is therefore understandable for those
affected people to prioritize obligations and responsibilities one by one.
The need to eat and find shelter after a typhoon or an earthquake
wiped out everything a person or a family has, is of course always the
main concern. Then the other responsibilities follow after that,

During these moments, it is hard enough for the head of the
family, or a person living alone, to recover from their loss, Hence, it is
the obligation of the State to help each and every one affected by such
calamities and to lessen their burdens as much as possible.


One of the ways this can be done is to allow the affected people
and/or families a grace period for paying up utility bills until such
time that the situation has stabilized in areas hit by calamities,

Through this measure, the victims of typhoons and other
fortuitous events will be able to focus on securing their basic and
primary needs first before anything else. They will not have to worry
about the due bills which they have to pay and so they can make use
of their money, or what's remaining thereof - wisely.

aw 7. OW,

ERIC OLIVAREZ


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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3084

—

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

—_— eee

CREATING THE DEPARTMENT OF DISASTER
RESILIENCE, DEFINING ITS POWERS AND
FUNCTIONS,

AND APPROPRIATING FUNDS THEREFOR

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title- This Act shall be known as the
“Department of Disaster Resilience Act”.

SEC. 2. Declaration of Policies and Principles. - The state shall.
a) Carry out and harmonize the policies on disaster risk and
vulnerability reduction and = management, _ environmental
management, climate change adaptation, and sustainable
development to uphold the welfare of the people especially the
vulnerable sectors of society.

b) 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,

¢) Uphold its commitment to the international treaties,
conventions and agreement on disaster risk management, climate
change, disaster risk and vulnerability reduction and management,
and climate change adaptation and mitigation, including universal
principles and standards for humanitarian assistance

The State shall integrate and accelerate the implementation of
the recognized principles, and concepts of climate change, disaster
risk and vulnerability reduction contained in the international
agreements, treaties, conventions, and frameworks in the 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.

d) Uphold the people's constitutional right to life and property
by minimizing and mitigating 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;

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

) Strengthen the capacity of the national government and the
local government units, together with development partner
stakeholders, build disaster resilient communities, and
institutionalize arrangements and measures to reduce disaster risks
and projected climate risks, and enhance disaster preparedness and
response capabilities at all levels;

8) Work with international humanitarian and development
Partners especially those with established presence in the country;

h)Develop, maintain, and ensure the accessibility of climate
and geospatial information and services to the public.

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

J) 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 contflict-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;

k) 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;

}) 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;

m) Create an enabling environment for substantial and
sustainable participation of civil society organizations, private
organizations, non-government organizations, private sector, volunteers
and communities, and recognize their contributions to the disaster
risk reduction and management efforts of government;

n) Ensure the use of advanced science and the most up-to-date
technologies in climate change adaptation, disaster risk, and
vulnerability reduction and management

©) 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;

P) 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;

SEC. 3. 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.

(I) Civil society, non-governmental organizations, international
non-governmental 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;


@) 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;

G) 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;

@ 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:

©) 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;

© 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:

@ 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;

® 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;

©) 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;

(I)Emergency responders, community practitioners, and
organized volunteer organizations shall contribute. to
resilience by not providing timely and efficient emergency
Tesponse 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;


(1) Academia 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;

(2)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

(3)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.

SEC. 3. Definition of Terms. ~ As used in this Act:

3) 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.

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

9) Assisting International Entity refers to any foreign state,


4

organization, entity or individual responding to a disaster
within or transiting through the country to respond to a
disaster in another country.

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 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. Civil society organizations
include non-government organizations, _ professional
associations, foundations, independent research institutes,
community-based organizations, faith-based organizations,
People's organizations, social movements, and labor unions,
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,

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.

Complex Emergency refers to a major humanitarian crisis
that is often a result of a combination of political instability,
conflict and violence, social inequities and underlying
Poverty. Complex emergencies are essentially political in
nature and can erode the cultural, civil, political and
economic stability of societies, particularly when
exacerbated by natural hazards and diseases which further
undermine livelihoods and worsen poverty.


j 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.

4) 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.

m) 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.

9) 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,



o)

)

hazard characteristics and the environment.
Disaster Risk Governance refers to the way in which the
public authorities, civil servants, media, private sector, and
civil society 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,

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 refers to the
concept and practice of reducing potential loss of life,
injury, or destroyed or damaged assets or disrupted 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.

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-

10


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

w) 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.

» Eligible Assisting Entity 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.

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

2 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.

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

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

®) Geographically Isolated and Disadvantaged Area
(GIDA) refers to areas with a marginalized population which
is physically and socio-economically 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 communitie
and/or socio-economic factors such as
high poverty incidence, presence of vulnerable sectors,
communities in or recovering from situation of crisis or
armed contlict.

&) 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
livelihood and services, social and economic disruption, or
environmental damage.

©) HumanInduced Hazard refers to an event caused by
humans and occurs in or close to human settlements or a

1


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, that 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.

® 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.

i) Internally 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,

9) International 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, mor domiciled in the Philippines prior to. their
recruitment by the international assisting actor.

D 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,

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

9 Mitigation refers to effort to reduce or limit greenhouse gas
emissions or enhance greenhouse gas sequestration,

nm) 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 te
full operations quickly.

™) National Disaster Risk Reduction and Management

12


0)

P»)

Framework refers to the comprehensive, all hazards,
multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management.
National Disaster Resilience Plan (NDRP) refers to the
document to be formulated by the national disaster
resilience council 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.

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 Nitio, La Nina,
forest fires, or biological such as disease, epidemics and
insect/animal plagues,

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, re-use, 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.

Pre-Disaster Risk Assessment refers to a Process to
evaluate a hazards 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

2B


hazard-specific, area focused and time-bound.

8) 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’.

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

4) Probabilistic Risk Assessment refers to the simulation of
those future disasters based on scientific evidence, 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.

Ww) 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.

wy) 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 «
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.

») 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,

Risk Assessment refers to a methodology which includes
tisk 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

” Risk Transfer refers to the process of formally or
informally shifting the financial consequences of particular

14


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.

#) 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.

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

ow) Vital Facility Items refers 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,

dit) Vulnerability refers tothe 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.

=) 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.

% Whole-ofSoctety 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.

s 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
@ shared goal to broaden the government's options, and
increases efficiency to maximize all available resources in a
collaborative effort.

Ni) 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.

ARTICLE It
DEPARTMENT OF DISASTER RESILIENCE
SEC. 4. Creation of the Department of Disaster Resilience, ~
There is hereby created a Department of Disaster Resilience, herein

15


after 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
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 local
governments units 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.

SEC. 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, local governments units, communities, and
stakeholders that shall be involved in disaster risk
reduction efforts.

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

3 Design and implement an incentive system for greater
Private and public investment, both local and national, in
disaster risk reduction.

4. 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.

6 Create an enabling environment that shall promote broader
multi-stakeholder participation and integrate climate
change mitigation, adaptation, and disaster risk and
vulnerability reduction.

7. Coordinate directly with local government units and private
entities to address climate vulnerabilities and disaster risk
assessment of regions and provinces at the meso-scale,

16


cities and municipalities at the micro-scale, and barangays
at the meta-scale

8 Establish and monitor local and national capacity for
disaster risk financing and insurance and other risk
wansfer strategies in coordination with the Department of
Finance, the Government Service Insurance System, and
the Land Bank of the Philippines.

9 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
Disaster Resilience Framework and Disaster Resilience
Plan;

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

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

(b) Disaster Preparedness and Response

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 publi

2. Coordinate information-sharing and other risk reduction
Protocols following the principle of interoperability among
national government agencies and local government units.

3. 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.

4. 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.

5. Call on the reserve force, as defined in Republic Act No.
7077, otherwise known as the *Citizen Armed Forces of the
Philippines Reservist Act", to assist in relief and rescue
operations during disasters.

©. Work with the private sector and civil society organizations
for assistance with regard to the use of facilities and
resources for the protection and preservation of life and

v7


property,

7. 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

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

9. Monitor and support local government units 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, Issue 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.

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

(c) Rehabilitation and Recovery

1. Prepare, organize, lead, implement, and manage post-
disaster assessment and recovery and rehabilitation
Programs, in coordination with the affected local government
units, 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.

3. Ensure that the principle of Building Forward Better is
applied to rehabilitation and recovery efforts.

(d) 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, the Government Service Insurance System, and
the Land Bank of the Philippines.

$. 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 local government units
before, during, and after a disaster. Administer, oversee,
and monitor the utilization of National Disaster Resilience
Fund, the Disaster Resilience Support Fund (DRSF) for
third (3) to sixth (6%) class provinces and municipalities,

18


and other grants and donations for disaster risk reduction
and management and climate change adaptation, unless
otherwise specified.

4. Receive, administer, mobilize, and monitor and oversee the
utilization of the national disaster resilience fund, the
Prevention, Mitigation, and Preparedness Fund for 3rd to
6th Class Provinces and Municipalities, and donations for
disaster risk and vulnerability reduction and management
and climate change adaptation, unless otherwise specified;

5. 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.

6 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
Sovernment agencies and local government units, 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.

9. Perform such other functions as may be necessary for the
effective implementation of this Act.17

ARTICLE lr

GENERAL WELFARE AND EMERGENCY MEASURES

SEC. 6. General Welfare. — The Department shall exercise the
Powers expressly granted, those necessarily implied therefrom, as well
as 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, 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.

19


SEC. 7. Emergency Measures at the National Level. —The
Department may require the assistance of law enforcement agencies
and the uniformed services, such as the Philippine National Police and
the Armed Forces of the Philippines, as well as emergency responders,
to assist in the implementation of emergency measures.

SEC. 8. Emergency Measures at the Local Level. —

(a) Local government units shall enact an ordinance on and
implement through the LDRRMO which shall be renamed as 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.

(b) Emergency measures, including preemptive and forced
evacuation, shall be carried out in a manner that is humane,
HeSpectful of the dignity and culture of persons, without using
disproportionate force, without discrimination, and’ with conscious
attention to the needs of vulnerable and marginalized groups.

(c) 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.

SEC. 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.

() 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.

SEC. 10. Release from Liability in Case of Refusal to Evacuate.

20


(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.

SEC. 11. Inspection and Implementation Powers. — The
Department shall have inspection, visitorial and examining authority
over government and non-governmental 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.

SEC. 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.

SEC. 13. Emergency Powers. — Whenever it becomes necessary,
the Department, subject to the approval of the President, may call on
the Armed Forces of the Philippines or the Philippine National Police,
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 non-government and for the protection and preservation of life
and/or property in anticipation of, during, and in the aftermath of
emergencies, hazards and disasters. Private organizations, for
assistance in the use of their facilities and resources.

SEC. 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

21


of emergencies, hazards and disasters and only when there is

imminent danger of loss of lives and/or damage to property.

ARTICLE IV
ORGANIZATION AND MANAGEMENT

SEC. 15. The Secretary. The Department shall be headed by a

Secretary who shall be appointed by the President.

SEC. 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

attached agencies.

its

| Manage the financial and human resources of the

Department.

4) 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.

§} Coordinate with other government agencies, the private
sector, and civil society organizations on the policies,
programs, projects, and activities of the Department, as.

may be necessary.

8) 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.

i) In coordination 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.

J) Call upon the Armed Forces of the Philippines and the
Philippine National Police to render assistance in disaster-

affected areas.

k) Promulgate such rules and regulations and perform such
other functions as may be necessary or proper to attain

the objectives of this act.

SEC. 17. Organizational Structure, Functions and Management

~ The Department shall be composed of the following officials and

offices:

22


(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;

(c) The Department shall have such number of assistant
secretaries and directors as may be necessary for the effective and
efficient implementation and performance of its mandate, powers, and
functions;

(8) 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, rules, and regulations;

(e) The National Climate and Disaster Resilience Research,
Education, and Training Institute under the Capacity Building and
Training Service, to be headed by a Director;

( Regional and other field Offices of the Department that shall be
established in each administrative region, each to be headed by a
Regional Director;

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

(h) 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.

ARTICLE V

FINANCE AND ADMINISTRATION

SEC. 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 provisions of Section 3, paragraph (D) of
Article 9, of the 1987 Constitution on the auditing powers of the
Commission on Audit.

SEC. 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

23


developmental assistance for the purpose of disaster risk and
vulnerability reduction and management and climate change
adaptation.

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

(c) 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 and Tariff
Modernization Act’, 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;

All importations and donations under Section 11 (c) of
Republic Act No. 10863, otherwise known as the “Customs
Modernization and Tariff Act (CTMA)” shall be considered as
importation or donation to the Department, subject to the approval
of the Office of the President.

ARTICLE VI

WHOLE OF GOVERNMENT AND WHOLE OF NATION
APPROACH

SEC. 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 national disaster resilience council shall be chaired by the
Secretary of Disaster Resilience and shall be composed of the
following:

Secretary of Science and Technology;

1

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;

& Secretary of Agriculture;

9. Secretary of Education;

10 Secretary of Energy;

Nl. Secretary of Finance;

12 Secretary of Budget and Management;

13, Secretary of Public Works and Highways;

24


14, Secretary of Information and Communications Technology;
15. Chief of Staff of the Armed Forces of the Philippines;
16. Chief of the Philippine National Police;
17, Head of the Presidential Communications Operations Office;
18 Secretary-General of the Philippine National Red Cross;
19. Chairperson of the Housing and Urban Development
Coordinating Council;
President of the Home Development Mutual Fund;
President of the League of Provinces of the Philippines;
President of the League of Cities of the Philippines;
President of the League of Municipalities of the Philippines;
President of the Liga ng mga Barangays;
Maximum of three (3) representatives from the academia and
other relevant research institutions;
Maximum of three (3) representatives from the civil society
organizations; and

21. Maximum of three (3) representatives from the private sector.

{c) 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.

(d) 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; and

R REBREB

(e) 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 Local Disaster Resilience Fund releases as well as utilization,
accounting and auditing thereof.

SEC. 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.

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

25


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 local government units 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,
local government units, 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 local disaster resilience councils. 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 regional disaster resilience
councils 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 Regional Disaster Resilience
Council Chairperson. In the case of Metro Manila, the
MDRC shall be headed by the Chairperson of the Metro
Manila Development Authority (MMDA).

The regional disaster resilience councils shall establish
the regional disaster resilience council Secretariat and
operating facility to be known as the Regional Disaster
Resilience Council Secretariat and Operations Center
(RDRC).

The regional disaster resilience councils shall be
composed of concerned regional agencies, offices, local
government units and other multiple stakeholders.

(i) Local Disaster Resilience Council Budgetary

26


Requirements of local disaster resilience office - The
budgetary requirements for personal services,
maintenance and other operating expenditures, and
capital outlay of the local disaster resilience office
shall be sourced from the General Fund of the local
government unit, subject to Section 76 of Republic
Act No. 7160, as amended, otherwise known as the
“Local Government Code of 1991, as amended. The
enforcement of Sections 325(a) and 331(b) of
Republic Act No. 7160, as amended shall be waived
to enable the local government units to fund the
initial year requirements for the creation of the
minimum five (5) mandatory positions of the local
disaster resilience office.

Other maintenance and _ operating
expenditures, and other capital outlay requirements
of the local disaster resilience office 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 local
government units.

(i) Establish linkage or network with other local
government units for disaster risk and vulnerability
reduction, climate change adaptation and
emergency response purposes;

(i) Recommend through the local disaster resilience
council, the enactment of local ordinances
consistent with the requirements of this Act;

(iii) Establish a Provincial City, Municipal, and
Barangay Climate and Disaster Resilience
Operations Center; and

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

SEC. 22. Synergy with Stakeholders. - The Department shall
ensure seamless synergy and coordination with stakeholders,
including civil society organizations, 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.

27


SEC, 23. Establishment of Multi-Stakeholders Convergence Unit

- The Department, with the assistance of other relevant government
agencies and stakeholders, shall establish a Multi-Stakeholders
Convergence Unit (MSCU), which shall align the disaster resilience
efforts of the private sector, civil society organizations, 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.

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

(@) Facilitation or assistance in obtaining or processing incentives
for the private sector or other non-government stakeholders.

© Preparation and facilitating the issuance of micro, small, and
medium enterprises (MSMEs), such as mechanisms involving
Procurement and liquidity to create enabling environments for
disaster preparedness and recovery.

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

ARTICLE VIL
DISASTER RISK AND VULNERABILITY REDUCTION AND
CLIMATE CHANGE ADAPTATION MAINSTREAMING,
INTEGRATION AND CONVERGENCE

SEC. 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-sectorial, 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

28


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 vulnerability assessment,
risk assessment and risk management shall be formulated and
jointly approved by the national disaster resilience council and the
Climate Change Commission.

SEC. 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.

ARTICLE VII
CLIMATE AND DISASTER RESEARCH,
EDUCATION,

AND TRAINING INSTITUTE

SEC. 26. Creation of the Climate and Disaster Research,
Education, and Training Institute. - (a) Within one (1) year trom
approval of this Act, the Department shall establish the Climate and
Disaster Research, Education, and Training Institute in collaboration
with higher education institutions and Private and State Universities
and Colleges 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 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 Research, Education, and Training
Institute shall have the following functions:

!) 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;

29


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;

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.

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

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

30


SEC. 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 Climate and
Disaster Resilience Information Management System 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 sub-national level.

SEC. 28. Disaster Resilience and Climate Change Education
and Training. - (a) The Department of Education, Commission on
Higher 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 Interior and Local Government
(DILG), Department of Health (DOH), Department of Social Welfare
and Development (DSWD), and other relevant agencies,
developmental institutions, and non-government organizations shall
integrate disaster risk and vulnerability reduction and climate
change adaptation education in the school curricula at all levels of
education, from K tol2 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 Regulatory
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 Disaster
Resilience Research and Training Institute shall develop a
curriculum for 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,

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@ 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 non-
governmental 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.

@ 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 local disaster resilience offices shall form formal
Partnerships with tertiary learning institutions within their
respective jurisdictions to provide standard and ladderized training
Programs for local government unit officials and other disaster risk
and vulnerability reduction management and climate change
adaptation.

() The disaster resilience council, the regional disaster resilience
councils, the local disaster resilience councils, the barangay disaster
resilience councils, and the Sangguniang Kabataan shall encourage
the 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,

@ There shall be a mandatory training 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, shall be trained in
emergency preparedness and response in compliance with the
provisions of this Act.

SEC. 29. Standard Mechanism for Cascading Information,
Education and Communication on Climate Change Adaptation and
Disaster Risk and Vulnerability Reduction Management. - (a) The
disaster resilience council shall promote and advocate a culture of
resilience and responsible-accountable, liable and responsible
citizenship through information, education and communication that

32


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.

(6) The national disaster resilience council 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
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.

SEC. 30. Declaration of Imminent Disaster. ~The Department
shall provide guidance and operating guidelines to local disaster
resilience councils for the declaration of imminent disaster in their
Fespective 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 livehoods and other assets;

SEC. 31. Flash Appeal or Appeal for International Assistance. ~
Upon consultation with the national disaster resilience council and
in cognizance of the urgency, criticality and intensity of an imminent
risk, the Department shall issue a flash appeal to the family of
nations, under regional and multilateral conventions, for assistance
in preparedness including preemptive measures, search, rescue and
retrieval, relief, recovery, and reconstruction,

ARTICLE X

CLIMATE AND DISASTER RISK INSURANCE AND
INCENTIVES

SEC. 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

33


Act No. 656, otherwise known as the “Property Insurance Law”. The
insurance shall be provided by any government insurance agency.

(c) The Department shall oblige the local government units 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 Local Disaster
Resilience Fund.

SEC. 33. Recognition and Incentives. - Unless otherwise
provided, the Department shall establish an incentives program that
recognizes outstanding performance of local disaster resilience
council, non-governmental organizations, civil society organizations,
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.

ARTICLE XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC. 34. Standards for Disaster Preparedness Activities. - (a)
The National Disaster Resilience Council 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) Local government units 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 Protection’ Act”, in order to avoid
disruption of school classes and lessen the use of school buildings
and facilities as evacuation centers.

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

SEC. 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 national disaster resilience council
shall issue and the Department shall oversee and monitor the
implementation of this policy.

(b) The Department and all other concerned agencies with an
integrated early warning and information mandate shall collaborate

34


e

with the local executives and officers to disseminate climate-disaster
risk information through the involvement of local government units,
community-based organizations, civil society organizations, and
other non- governmental organizations.

SEC. 36. Early Warning Mandate. - (a) Department shall issue
an integrated early warning for hydro-meteorological, geologic, or
terrestrial phenomena to the appropriate government agencies or
Sovernment-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 available through various platforms such as websites,
mobile apps, and social media to empower local communities and
individuals.

(b) The Philippine Atmospheric, Geophysical and Astronomical
Services Administration—{PAGASA) and Philippine Institute of
Volcanology and Seismology (PHIVOLCS) shall work actively and
closely with the Department in integrating, mainstreaming, and
Converging all information, data, research and development studies
and results, knowledge and technology, and activities relating to
climate change and disaster resilience;

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

() Any person or juridical entity who transmits early warning
Soncerning 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 National Disaster Resilience
Council.

(c] The National Disaster Resilience Council 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

{ 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 level.

ARTICLE XII
DISASTER RESPONSE AND EARLY RECOVERY

SEC. 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 National Disaster Resilience Council.

35


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

SEC. 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:

a) The barangay disaster resilience council, if one barangay
is affected;

») The city/municipal disaster resilience councils, if two (2)
or more barangays are affected;

©) The provincial disaster resilience council, if two (2) or
more cities/ municipalities are affected;

9) The regional disaster resilience council, if two (2) or more
provinces are affected; and

a) The national disaster resilience councils, if two (2) or
more regions are affected

SEC. 39. Humanitarian Assistance Action Center. - The disaster
resilience council 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 national disaster resilience council
agencies:

a) Department of Finance-Bureau of Customs;

b) Department of Foreign Affairs;

¢) Department of Social Welfare and Development;

4) Department of Health;

©) 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

SEC. 40. Accreditation, Mobilization, and Protection of Disaster
Volunteers and National Service Reserve Corps, Civil Society
Organizations and the Private Sector. - The government agencies, civil

36


society organizations, private sector and local government units 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, civil society organizations, private sector, and local
government units 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 local disaster
resilience offices, 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, civil society organizations and the private sector shall be
maintained by the Department through the local disaster resilience
offices. 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
national disaster resilience council. 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.

SEC. 41. Reporting of Humanitarian Assistance. - The
concerned local government unit shall submit a report to the
Department, all domestic or international humanitarian assistance
received and distributed within its area of responsibility.

ARTICLE XII
INTERNATIONAL
HUMANITARIAN

ASSISTANCE,

SEC. 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,

SEC. 43. Assessment of the Need for International Humanitarian
Assistance, -

(@) Immediately after the declaration of a state of calamity by the
sanggunian of a local government unit 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.

37


(b) 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.

SEC. 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.

SEC. 45. One-Stop-Shop for International Humanitarian
Assistance, — The Department shall establish, in coordination with
the Department of Foreign Affairs (DFA) a One-Stop-Shop mechanism
for International Humanitarian Assistance 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.

ARTICLE XIV
OFFER AND FACILITATION OF HUMANITARIAN
ASSISTANCE TO FOREIGN STATES

SEC. 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, in coordination with DFA, 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.

SEC. 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.

ARTICLE XV
LEGAL FACILITIES FOR
ELIGIBLE ASSISTING
INTERNATIONAL ACTORS

SEC. 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

38


and personnel, as well as eligibility guidelines to utilize the legal
facilities for assisting international actors provided hereunder

SEC. 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.

SEC. 50. Recognition of Foreign Professional Qualifications. —
(a) Eligible assisting international actors wishing to deploy
international personnel for tasks requiring legal recognition of ther
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.

(b) The Department shalll establish the guidelines and scope for
recognition of foreign professional qualifications for disaster
response and early recovery.

(c) 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 count:

SEC. 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.

SEC. 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 Authority and limitations based on
national security, public order or public health, weighed in the
context of the urgency 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

SEC. 53. Customs Facilitation and Priority Treatment, - The
Department shall facilitate the rapid importation of consignments of
goods and equipment by eligible assisting actors and shall accord
them priority treatment in handling.

SEC. 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 Part 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

39


the requirements described in this Act and its implementing rules
and regulations ;

SEC. 55. Exemption from Import Duties, Taxes and Restrictions.
~ Consignments 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

(©) 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

SEC. 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,

SEC. 57. Telecommunications Equipment. ~ Eligible assisting
international actors shall be permitted to import telecommunications
Gauipment for the purpose of Disaster Relief or Initial Recovery
Assistance without restrictions, except as required by national
disaster resilience council guidelines and other laws for purposes of
national security or public order. The national disaster resilience
council shall provide guidelines for the manner of use
telecommunications equipment as well as e waiver of licensing
requirements or fees.

SEC. 58. Medications. ~ Eligible assisting international actors
shall be permitted to import and transport medications and medical
Gauipment 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 national disaster resilience council,

SEC. 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.

SEC. 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
Goops

SEC. 61. Disposition of Equipment and Unused Goods. ~ The
disaster resilience council 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.

ARTICLE XVI
RECOVERY

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

(2) Improve the community's physical, social and economic
resilience, consistent with the principle of “build forward better”;

(b) Use locally-driven and centrally-supported processes based on
legal mandates with supplementary capacity support when
requested;

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

(#) Employ outcome-driven planning and implementation;

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

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

(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

(n) Ensure restoration of peace and order and recovery of
government functions.

ARTICLE XVI
REMEDIAL MEASURES UNDER STATE OF CALAMITY

SEC. 63, Remedial Measures under State of Calamity. - Upon
the declaration of the state of calamity, the following remedial
measures shall be immediately undertaken by concerned
government agencies both of national and local levels:

(@) 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
Coordination Council of overpricing/profiteering and hoarding of
Prime commodities, medicines and petroleum products;

(c) 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

41


arrest further deterioration of properties and loss of livelihoods in
the affected communities, following the “build better forward”
principle:

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

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

ARTICLE XVIII

PROCUREMENT

SEC. 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 9184 otherwise known as
“Government Procurement Reform Act”, as amended.

SEC. 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,

ARTICLE XIX
PROHIBITED ACTS AND PENALTIES

SEC. 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.

(@) Prohibited Acts of Public Officials - The following acts, if
committed by public officials without justifiable cause, shall be
considered as gross neglect of duty:

()) Dereliction of duties which leads to destruction, loss of
lives, critical damage of facilities and misuse of funds;

(2) Failure to create a functional local disaster resilience office
within six (6) months from approval of this Act;

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

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

(8) Failure to formulate and implement the local disaster
resilience plan with the corresponding budget allocation;

Sexual exploitation and abuse, and other forms of sexual
misconduct to the affected population or at-risk communities

42


punishable under existing criminal and administrative laws
shall be considered as an aggravating circumstances.

(b) Prohibited Acts of Public Officials and Private Persons or
Institutions ~

(1) Delaying, without justifiable cause im 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;

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

(5) Buying, for consumption or resale, from disaster affected
Persons, relief goods, equipment or other aid commodities
received by them;

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

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

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

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

i 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;

it Making a false verbal claim that the goods, equipment or
other and commodities in their untampered original
containers actually came from another agency or
Persons or was released upon the instance of a

43


particular agency or persons;

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

(12)Illegal solicitations by persons or _ organizations
representing others as defined in the standards and
guidelines set by the national disaster resilience council;

(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;

(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 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
oF fruits are derived from the commission of the prohibited
acts.

SEC. 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
{pRP1:000,000.00) but not more than Three million pesos
(Php3,000,000.00), or both imprisonment and fine at the discretion
of the court shall be imposed upon any person found guilty of
violating subsections (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
cight (8) years or a fine of not less than Five hundred thousand
Besos {Php500,000.00) but not more than One million pesos
(Php1,000,000.00), or both imprisonment and fine at the discretion
of the court, shall be imposed upon any person who attempts to
commit any of the prohibited acts in the preceding section, in
violation of subsection (b)(17) thereof;

(c) Imprisonment of not less than two (2) years but not more than
ax (6) years or a fine of not less than Two hundred thousand pesos
(PhP200,000.00) but not more than Five hundred thousand pesos
{PhpS00,000.00), or both imprisonment and fine at the discretion of
the court, shall be imposed upon any person found guilty of

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unlawfully benefiting from the proceeds or fruits of any of the
prohibited in the preceding section, in violation of subsection (b)(18)
thereof

(d) 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 in the preceding section;

(c) 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;

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

g) 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
iRevised Penal Code’, and other existing laws, as well as the
imposition of applicable administrative or civil liabilities,

ARTICLE XX

APPROPRIATIONS
SEC. 68. Appropriations, -

(2) The amount needed for the initial 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.

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

(c) Local Disaster Resilience Fund (LDRF). Not less than seven
percent (7%) of the estimated revenue from regular sources shall be
Set aside as the Local Disaster Resilience Fund to support disaster
risk and vulnerability reduction and climate change adaptation and
mitigation programs, projects and activities. The Local Disaster
Resilience Council shall monitor and evaluate the use and
disbursement of the Local Disaster Resilience Fund based on the

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LDRP as incorporated in the local development plans and annual work
and financial plan. Upon the recommendation of the local disaster
resilience office and approval of the sanggunian concerned, the Local
Disaster Resilience Council may transfer the said fund to support the
disaster risk and vulnerability reduction and climate change
adaptation work and initiatives of other local disaster resilience
councils that are declared under a state of calamity.

1) Of the amount appropriated for Local Disaster Resilience Fund,
twenty percent (20%) shalll be allocated as Quick Response Fund
(QRF) or stand-by 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 of Local Disaster Resilience Fund,
eighty percent (80%) shall be appropriated for climate change
adaptation, disaster risk and vulnerability reduction,
Prevention, adaptation and mitigation programs, project ands,
activities focusing on both institutional capacity building of
vulnerable communities and risk-reducing infrastructure. The
national disaster resilience council shall pass a resolution to set
the priority allocations and govern and trigger the acceleration
and implementation of this section.

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

4) All departments/agencies and local government units that are
allocated with Local Disaster Resilience Fund shall submit to
the Department their monthly statements on the utilization of
Local Disaster Resilience Funds and make an accounting
thereof in accordance with existing accounting and auditing
rules.

5) 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 Disaster Resilience Plan and the guidelines
to be issued by the disaster resilience council in coordination
with the Department of Budget and Management (DBM) and
Commission on Audit (COA).

Unexpended local disaster resilience fund shall accrue to
a trust fund solely for the purpose of supporting disaster risk
reduction and management and climate change adaptation
activities of the local disaster resilience councils within the

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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.

The national disaster resilience council shall issue
guidelines on the utilization and release of local disaster
resilience fund in coordination with other concerned
government agencies.

4) Prevention, Mitigation and Preparedness Fund for third (3) to
sixth (6%) class provinces and municipalities. There shall be in the
annual General Appropriations Act an amount allotted solely for the
use of 3rd to 6th class provinces and municipalities for the purpose
of augmenting their local disaster resilience fund 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 rules and
regulations to be promulgated by the Secretary.

ARTICLE XXI
FINAL PROVISIONS
SEC. 69. Transfer of Offices, Agencies, and Personnel. ~ (a) The
following offices and agencies are hereby transferred to the
Department including their powers and functions, funds and
appropriations, obligations, records, equipment, property, and
personnel;

1. Office of Civil Defense;

2. Climate Change Office of the Climate Change Commission;

3.Geo-Hazard Assessment and Engineering Geology Section of

the Mines and Geosciences Bureau;
4. Health Emergency Management Bureau of the Department of
Health

5. Disaster Response Assistance and Management Bureau of the
Department of Social Welfare and Development;

6. Bureau of Fire Protection; and

7. Program Management Office for Earthquake Resiliency of the
Greater Metro Manila Area.

(b) The Department shall, by virtue of this Act, be subrogated to
all the rights and assume alll 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.

SEC. 70. Separation Benefits of Officials and Employees of
Affected Agencies - National government employees displaced or

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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.
8656, otherwise known as “Government Reorganization Law” 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.

SEC. 71. Special Benefits and Privileges. Qualified employees
of the Deparment, local government units and its attached units
Shall be covered by Republic Act No. 8439, known as the Magna
Carta for Scientists, Engineers, Researchers and Other Science and
Technology Personnel in the Government, and Republic Act No.
7008, otherwise known as “Magna Carta for Public Health Workers.”

SEC. 72. Hazard Pay and Other Allowances and Benefits. —
Qualified personnel of the Department shall be entitled to seceive
hazard pay and other allowances and benefits, in accordance with
such policies and regulations promulgated by Department. in
consultation with the DBM and the COA,

SEC. 73. Implementing Rules and Regulations. The
Department, in consultation with concerned stakeholders, shell
issue the necessary rules and regulations for the effective
implementation of this Act within ninety (90) days from the effectivity
of this Act.

SEC. 74, Congressional Oversight Committee. (a) 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 of the House of Representatives and six (6) Senators ro
be designated by the Speaker of the House of Representatives and
the President of the Senate, respectively from their appropriate
committees: Provided, That, two (2) Members of the House of
Representatives and two (2) Senators shall come from the Minority of
their respective houses of congress.

(b) Five (5) years after the effectivity of this Act, or as the need
arises, the Congressional Oversight Committee shall conduct a

SEC. 75. Separability Clause. If any provision of this Act shall
be declared unconstitutional or invalid, the other Provisions not
otherwise affected shall remain in full force and effect.

SEC. 76. Repealing Clause. - All 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.

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

Approved.

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