Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH (18") CONGRESS
1* Regular Session

3023
HOUSE BILL NO.

Introduced by Hon. WILTER “SHARKY” WEE PALMA II

EXPLANATORY NOTE

With the prevalence of natural disasters such as typhoons, storms surges,
earthquakes, volcanic eruptions, it is only right and just to formulate a definitive,
precise, and well planned counter measures in order to address potential risk
posed by these natural calamities.

As it stands, the Philippines is one of the major countries in South East Asia
that are at risk from various natural disasters such as: cyclones, earthquakes,
floods, landslides, tsunamis, and volcanic eruptions. In fact according to the
Global Facility for Reduction and Recovery (GDFRR), since 1990 the Philippines
has been devastated by 565 natural disaster events which claimed the lives of
hundreds and thousands of Filipinos and caused billions in damages.

Studies show that an average of 20 typhoons make landfall every year, and
due to effect of climate change, these typhoons are getting stronger through
time. In 2013, typhoon Yolanda has devastated majority of Visayas and
MIMAROPA region. Almost 4.1 million people were greatly affected and over half
a million of houses were destroyed and 8,000 people have died or gone missing.
With the advent of climate change which could result to stronger typhoons and
harsher weather conditions, the arrival of another “Yolanda” is inevitable.

Moreover, the country is also pestered with frequent earthquakes and
volcanic eruptions. And with the threat of the “Big One” and other natural
calamities of such caliber looming around the corner, it is but right and just that


we arm ourselves with the necessary counter measures aiming to alleviate further
deaths and massive damages from future disasters.

As it stands, the National Disaster Risk Reduction Management Council
administered by the Office of Civil Defense under the Department of National
Defense is the primary agency in charge of spearheading the implementation of
emergency disaster risk reduction efforts through its “policy-making,
coordination, integration, supervision, monitoring and evaluation” functions.
However, despite the presence of such committee, the advent of large scale
natural disasters much like typhoon Yolanda have revealed the weaknesses of the
NDRRMC in carrying out their responsibility in mainstreaming the various risk
reduction management efforts by the government as well as lapses in ensuring
that the concerned government agencies are well equipped with the necessary
skills, equipment and training to ensure the safety of the citizens before, during
and after natural calamities.

With this, the creation of the Department of Disaster Resilience would in
turn address the lapses of the NDRRMC by serving as the central agency and is
tasked to lead, organize and manage a national effort to reduce disaster risk and
prepare for and respond to disasters. Moreover, the Department of Disaster
Resilience is also mandated to formulate and integrate various vulnerability and
risk reduction policies to be implemented by the local government units, oversee
the implementation of streamlined risk reduction policies as well as facilitate the
rehabilitation efforts of affected communities and assess the collective progress
of their overall quality of life after the events of a natural disaster. As such,
with the presence of the department, it will lead towards strengthening the
disaster preparedness and response mechanisms of not only the LGU’s but also
the local field offices in order to preserve the safety of its citizens.

In view of the foregoing, approval of this bill is earnestly sought.

Be

WILTER “SHARKY” WEE PALMA I
Zamboanga Slbugay



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL no? ars

eee

Introduced By HON. WILTER “SHARKY” WEE PALMA II

—_—_—_— SSeS

AN ACT
CREATING THE DEPARTMENT OF DISASTER RESILIENCE,
DEFINING ITS POWERS AND FUNCTIONS,
AND APPROPRIATING FUNDS THEREFOR

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

Congress assembled:
1 SECTION 1. Short Title — This Act shall be known as the “Department of
2 Disaster Resilience Act”
3 SEC. 2. Declaration of Policies and Principles. — (a) Duties of the State.
4 The State shall carry out and harmonize the policies on disaster risk and
5 vulnerability reduction and management, environmental management, and
6 _ climate change adaptation, and sustainable development to uphold the welfare of
7 the people particularly in the vulnerable sectors of society.

co

The State shall uphold its commitment to the achievement of the
9 sustainable development goals specifically, integrating and implementing policies


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and plans towards inclusion, resource efficiency, mitigation and adaptation to
climate change, resilience to disasters, and develop and implement a holistic
disaster risk management at all levels in line with the Sendai Framework for
Disaster Risk Reduction 2015-2030.

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

The State shall integrate and accelerate the implementation of the
principles, and concepts of climate change, disaster risk and vulnerability
reduction contained in the Paris Agreement of the United Nations Framework
Convention on Climate Change (UNFCCC), the Sendai Framework for Disaster Risk
Reduction 2015-2030, the 2015 Asia-Pacific Economic Cooperation (APEC)
Disaster Risk Reduction (DRD) Framework, the 2030 Agenda for Sustainable
Development Goals (SDGs), and the Philippine Development Plan (PDP) 2017-
2022 in various phases of policy formulation, development plans and investments,
poverty reduction strategies and other development tools, and techniques by all
national and local agencies, institutions and instrumentalities of the government
to enhance the country’s climate change adaptive capacity.

It shall be the duty of the State to:

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

(2) Incorporate internationally accepted principles of disaster risk and
vulnerability reduction and management, and climate change adaptation


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including universal principles and standards for humanitarian assistance,
developing and implementing national, regional and local sustainable
development and poverty reduction strategies, policies, plans and budgets, as
part of the country’s commitment to overcome human suffering due to disasters;

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

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

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

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

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

(8) Recognize and strengthen the capacities of LGUs, communities and
multiple stakeholders in mitigating and preparing for, responding to, and
recovering from the impact of disasters through identification of local risk


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patterns, and decentralized powers, responsibilities, and resources at the regional
and local levels;

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

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

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

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

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

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


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

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

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

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

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

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


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

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

(23) Establish and maintain the National Loss and Damage Registry; and

(24) Mainstream gender and social inclusion in all aspects of the
Department of Disaster Resilience work from planning, monitoring, to evaluation.

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

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

(2) Women and Girls shall contribute to and participate in effectively
managing disaster risk and designing, resourcing, and leading implementation of


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gender sensitive disaster risk and vulnerability reduction and management
policies, plans, and programs;

(3) Children and the youth as agents of change shall endeavour 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 adaption, including data gathering, planning,
programming, budgeting, implementation, monitoring and evaluation;

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

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

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

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

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

(9) Farmers and fisherfolk shall contribute to the promotion and protection
of the environmental resource management that will secure food and nutrition
resilience through the integration of disaster risk and vulnerability reduction into
sustainable development policies and planning;


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

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

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

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


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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:

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

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

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

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

(e) Build Forward Better refers to an approach to building and/or
reconstructing an area or community, which entails a shift from simple recovery
and restoration to safer, more adaptive, resilient, and inclusive communities.

(f) Capacity refers to the combination of all strengths, attributes and
resources available within a community, society or organization that can reduce
the level of risk, or impacts of a disaster. Capacity may include infrastructure and
physical means, institutions, societal coping abilities, as well as human
knowledge, skills and collective attributes such as social relationships, leadership
and management. Capacity may also be described as capability.

(g) Civil Society Organizations (CSOs) refer to non-state actors whose aims
are neither to generate profits nor to seek governing power, but to unite people
to advance shared goals and interests. They have a presence in public life,
expressing the interests and values of their members or others, based on ethical,
cultural, scientific, religious or philanthropic considerations. CSOs include
nongovernment organizations (NGOs), professional associations, foundations,


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independent research institutes, community-based organizations (CBOs), faith-
based organizations, people’s organizations, social movements, and labor unions.

(h) Climate Change refers to a change in the state of the climate that can be
identified by changes in the mean and/or the variability of its purposes, and that
persists in an extended period, typically decades or longer, whether due to
natural variability or as a result of human activity as defined under Republic Act
No. 9729, otherwise known as the “Climate Change Act of 2009”. These include
internal processes or external forces such as modulation of the solar cycles,
volcanic eruptions and persistent anthropogenic changes in the composition of
the atmosphere or in land use.

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

(j) Climate Finance refers to finance that aims to 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.

(k) 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.

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

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


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

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

(p) 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.

(q) 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.

(r) 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.

(s) 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.


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(t) Disaster Response refers to the provision of emergency services and
public assistance during or immediately after a disaster in order to secure and
save lives, reduce health impacts, ensure public safety and meet the basic
subsistence needs of the people affected. Disaster response includes disaster
relief focused on immediate and short-term needs of the victims and the
vulnerable.

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

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

(w) Disaster Risk Management refers to the systematic process of using
administrative directives, organizations, and operational skills and capacities to
implement strategies, policies and improved coping capacities in order to lessen
the adverse impacts of hazards and the possibility of disaster.

(x) Disaster Risk Reduction refers to the concept and practice of reducing
risks through systematic efforts to analyse and manage the casual 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.

(y) Disaster Risk and Vulnerability Reduction (DRVR) refers to the concept
and practice of reducing potential loss of life, injury, or destroyed or damaged
assets or disruption which could occur to a system, society or a community in a
specific period of time, determined probabilistically and conditions determined by


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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 analyse and reduce the casual factors of
disasters all of which contribute to strengthening resilience and therefore to the
achievement of sustainable development.

(2) Disaster Risk Reduction and Management Information System refers to a
specialized database which contains, among others, information on disasters and
their human, material, economic, and environmental impact, risk assessment and
mapping, and vulnerable and marginalized groups.

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

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

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

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


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(ee) Emergency Management refers to the organization and management
of resources and responsibilities for addressing all aspects of emergencies, in
particular preparedness, response and initial recovery steps.

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

(gg) Gender-Based Violence refers to violence that is directed against a
woman because of her gender, or that affects women disproportionately. It
includes acts that inflict physical, mental or sexual harm or suffering, threats of
such acts, coercion and other deprivations of liberty.

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

(ii) Geographically Isolated and Disadvantaged Area (GIDA) refers to areas
with a marginalized population which is physically and socioeconomically
separated from the mainstream society and characterized by physical factors, and
isolated due to distance, weather conditions and transportation difficulties in
island, upland, lowland, landlocked, hard to reach and underserved communities;
and/or socioeconomic factors such as high poverty incidence, presence of
vulnerable sectors, communities in or recovering from situation of crisis or armed
conflict.

(ij) Hazard refers to 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.

(kk) Human-induced Hazard refers to an event caused by humans and
occurs in or close to human settlements or a particular environmental area. This
can include environmental degradation, technological or industrial conditions,
pollution, accidents such as high density events, industrial and transport
accidents, complex emergencies, armed conflict, situations of generalized or
organized violence, and violation of human rights.


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(Il) Imminent Danger refers to a situation where, on the basis of official
forecasts, a disaster will or is expected to occur in a particular geographical area
and within an estimated period of time, and where necessary preparedness
actions or financing are required.

(mm) International Disaster Relief and Initial Recovery Period refers to the
period which commences upon the issuance of a request for international
disaster assistance or upon acceptance of an offer, and shall continue until
terminated pursuant to guidelines set in the implementing rules and regulations.

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

(00) 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, nor domiciled in the Philippines prior to their
recruitment by the international assisting actor.

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

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

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

(ss) National Continuity Policy refers to a policy aimed at the development
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service during interruptions, emergencies, and disasters, and return to full
operations quickly.

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

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

(w) Natural Hazard refers to naturally occurring physical phenomena cause
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, sever winds, typhoons, storm
surges, climatological variability such as extreme temperatures, El Nino, La Nina,
forest fires, or biological such as disease, epidemics and insect/animal plagues.

(ww) Open Data refer to facts and statistics that can be freely used, shared
and built-on by anyone, anywhere, for any purpose. These must be available in
bulk, should be available free of charge, or at least at no more than a reasonable
reproduction cost. The information should be digital, preferably available by
downloading through the internet, and easily processed by a computer. These
must permit people to use, reuse, and redistribute, intermix with other data
providers. These do not allow conditions to be placed on how people can use
Open Data, but permit a data provider to require that data users credit them in


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some appropriate way, clarify if the data have been changed, or that new
datasets created using their data are also shared as open data.

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

(yy) Pre-Disaster Risk Assessment refers to a process to evaluate a hazard’s
level of risk given the degree of exposure and vulnerability in a specific area likely
to be affected by an imminent hazard. It presents the possible impacts on the
population and provides a basis to determine the appropriate level of response
actions of government agencies from the national to the local levels. It is hazard-
specific, area focused and time-bound.

(zz) 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”.

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

(bbb) Public Sector Employee refers to all persons in the civil service.

(ccc) Recovery refers to rehabilitation measures that ensure the ability of
affected communities or areas to restore their normal level of functioning by
restoring livelihoods and services, reconstructing damage infrastructures and
increasing the communities’ organizational capacity.

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


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(eee) Response refers to any effort to provide assistance or intervention
during or immediately after a disaster to meet the life preservation and basic
subsistence needs of affected people and in the restoration of essential public
activities and facilities.

(fff) Risk Assessment refers to a methodology which includes risk
assessment with mapping to determine the nature and extent of risk by analysing
potential hazards and evaluating existing conditions of vulnerability that together
could potentially harm exposed people, property, services, livelihood and the
environment on which they depend.

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

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

(iii) Risk Transfer refers to the process of formally or informally shifting the
financial consequences of particular risks from one party to another whereby a
household, community, enterprise, or state authority will obtain resources from
the other party after a disaster occurs, in exchange for on-going or compensatory
social or financial benefits provided to that other party.

(jj) State of Calamity refers to a condition involving mass casualty and/or
major damage to property, disruption of means of livelihoods, roads, and normal


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way of life of people in the affected areas as a result of the occurrence of natural
or human-induced hazard.

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

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

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

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

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

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

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


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(rrr) Youth refers to those persons aged fifteen (15) to thirty (3) years old,
as provided for under Republic Act No. 8044, otherwise known as “Youth in
Nation-Building Act”.

CHAPTER II
DEPARTMENT OF DISASTER RESILIENCE

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

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

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

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

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


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national government agencies, LGUs, 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 LGUs and private entities to address climate
vulnerabilities and disaster risk assessment (CVDRA) of regions and provinces at
the meso-scale, cities and municipalities at the micro-scale, and barangays at the
meta-scale;

(8) Establish and monitor local and national capacity for disaster risk
financing and insurance and other risk transfer strategies in coordination of the
Department of Finance (DOF), the Government Service Insurance System (GSIS)m
and the Land Bank of the Philippines (LBP);

(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 National Disaster Resilience Framework and
National Disaster Resilience Plan;


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(11) Coordinate directly with LGUs and private entities to address Disaster
Risk Assessment (DRA) of regions and provinces at the meso-scale, cities, and
municipalities at the micro-scale, and barangays at the meta-scale; and

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

(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 public;

(2) Coordinate information-sharing and other risk reduction protocols
following the principle of interoperability among national government agencies
and LGUs;

(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 Force or Armed Forces of the Philippines Reservist
Act”, to assist in relief and rescue operations during disasters;

(6) Work with the private sector and CSOs for assistance with regard to the
use of facilities and resources for the protection and preservation of life and
property;


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(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 LGUs in the management of evacuation centers
and ensure the welfare and dignity of internally displaced personas;

(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; and

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

(c) Rehabilitation and Recovery

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

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

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

(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


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the Department of Finance (DOF), the Government Service Insurance System
(GSIS), and the Land Bank of the Philippines (LBP);

(3) Coordinate information-sharing and other disaster risk and vulnerability
reduction and climate change adaptation protocols following the principle of
interoperability among national government agencies and LGUs before, during,
and after a disaster. Administer, oversee, and monitor the utilization of the
National Disaster Resilience Fund (NDRF), the disaster Resilience Support Funds
(DRSF) for third (3) to sixth (6) class provinces and municipalities, 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 third (3) to sixth (6) 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 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 government
agencies and LGUs, local communities and other stakeholders, and is able to
provide readily accessible and actionable information for purposes of risk
governance and humanitarian action;

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


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

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

CHAPTER III
GENERAL WELFARE AND EMERGENCY MEASURES

SEC. 6. General Welfare. - The Department shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as the powers
necessary, appropriate or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general welfare, such as the
implementation of emergency measures including preemptive and forced
evacuation, in anticipation of, during, and in the aftermath of emergencies,
hazards and disasters and only when there is imminent danger and loss of lives
and/or damage to property.

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 PNP and the AFP, as well as emergency responders, to assist in the
implementation of emergency measures.

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

(a) LGUs shall enact an ordinance on and implement through the Local
Disaster Resilience Office (LDRO) the necessary and appropriate emergency
measures, including preemptive and forced evacuation, in anticipation of, during,
and in the aftermath of emergencies, hazards and disasters, and only when there
is imminent danger of loss of lives and/or damage to property.

(b) Emergency measures, including preemptive and force evacuation, shall
be carried out in a manner that is humane, respectful of the dignity and culture of


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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.

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

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

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

(a) Any person who wilfully 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 wilfully comply with the order of forced evacuation.


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SEC. 11. Inspection and Implementation Powers. — The Department shall
have inspection, visitorial and examining authority over government and
nongovernmental entities to ensure that all funds and assets allocated for
disaster resilience are actually used for said purposes. The Department shall
likewise have the power to inspect and examine the status of projects and
programs being undertaken in furtherance of disaster resilience efforts.

Whenever it becomes necessary, the Department may assume
responsibility over the implementation of, 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
purposes 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 AFP or the
PNP, in coordination with the Secretary of National Defense and the Secretary of
the Interior and Local Government, to prevent or supress lawless violence and
ensure the protection and preservation of life or property in anticipation of,
during and in the aftermath of emergencies, hazards and disasters.

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

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 the anticipation of,


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during, and in the aftermath of emergencies, hazards and disasters and only when
there is imminent danger of loss of lives and/or damage to property.

CHAPTER IV
ORGANIZATION 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 its attached agencies;

(c) Manage the financial and human resources of the Department;

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

(e) Exercise disciplinary authority over officers and employees of the
Department in accordance with law;

(f) Coordinate with other government agencies, the private sector, and
CSOs on the policies, programs, projects, and activities of the Department, as may
be necessary;

(g) 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 he Vice-Chairperson of the Climate Change Commission (CCC);

(i) In coordination with the Department of Foreign Affairs, represent the
Philippines in the climate change negotiations and articulate the national


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contribution to global, regional, and other inter-governmental disaster risk
reduction and humanitarian platforms;

(j) Call upon the AFP and the PNP to render assistance in disaster-affected
areas; and

(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:

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

(d) Eleven (11) Service Directors who shall head the following Services; the
Administrative and Financial Management Service, the Logistics and Resource
Management Service, the Operations Service, the Responders Management
Service, the Policy Development and Planning Service, the Climate Change
Service, the Recovery and Reconstruction Service, and the Strategic
Communications Service;

(1) The Administrative and Financial Management Service shall provide the
Department with economical, efficient and effective services relating to human


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resource management and development, financial management and general
administration services to support civil defense and disaster risk reduction and
management operations and functions.

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

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

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

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

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

(7) The Legal Affairs and Compliance Service shall provide legal advise to
the Department; interpret laws and rules affecting the administration and


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operations of the Department; prepare and review contracts and instruments to
which the Department is a party; interpret provisions of contracts covering work
involving the Department; and monitor the compliance with regulatory and
reportorial matters involving the Department.

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

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

(10) The Recovery and Reconstruction Service shall provide responsive,
efficient and effective services relating to the formulation of standards for
rehabilitation and recovery programs, projects, activities, and their subsequent
implementation.

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

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


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(f) The National Climate and Disaster Resilience Research, Education, and
Training Institute under the Capacity-Building and Training Service, to be headed
by a Director with the rank of Director IV;

(g) Regional and other field offices of the Department that shall be
established in each administrative region, each to be headed by a Regional
Director with the rank of Director IV;

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

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

(j) 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 complaint 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 the
complaints are endorsed to the proper office and are addressed in a timely
manner.

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


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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 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 Department of Disaster Resilience (DDR) grants 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
Modernization and Tariff Act (CMTA)”, as amended, and the prevailing provisions
of the General Appropriations Act, covering national internal revenue taxes and
import duties of national and local government agencies;

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

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

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.


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(b) The NDRC shall be chaired by the Secretary of Disaster Resilience and

shall be composed of the following:

(1) Secretary of Science and Technology;

(2) Secretary of the Interior and Local Government;
(3) Secretary of Social Welfare and Development;

(4) Secretary of National Defense;

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

(7) Secretary of Environment and Natural Resources;
(8) Secretary of Agriculture;

(9) Secretary of Education;

(10) Secretary of Energy;

(11) Secretary of Finance;

(12) Secretary of Trade and Industry;

(13) Secretary of Transportation;

(14) Secretary of Budget and Management;

(15) Secretary of the Public Works and Highways;
(16) Secretary of Foreign Affairs;

(17) Secretary of Justice;

(18) Secretary of Labor and Employment;

(19) Secretary of Tourism;

(20) Secretary of Information and Communications Technology;
(21) Presidential Adviser on the Peace Process;

(22) Chairperson of the Commission on Higher Education;


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(23) Chief of Staff of the Armed Forces of the Philippines;

(24) Chief of the Philippine National Police;

(25) Head of the Presidential Communications Operations Office;
(26) Secretary-General of the Philippine National Red Cross;

(27) Chairperson of the Commission on Human Rights;

(28) Executive Director of the Council for Welfare of Children;
(29) Lead Convenor of the National Anti-Poverty Commission;
(30) Chairperson of the Philippine Commission on Women;

(31) Chairperson of the Housing and Urban Development Council;
(32) Chairperson of the National Council for Disability Affairs;

(33) Chairperson of the National Commission on Indigenous Peoples;
(34) Chairperson of the National Commission on Muslim Filipinos;
(35) Chairperson of the National Youth Commission;

(36) President of the Government Service Insurance System;

(37) President of the Social Security System;

(38) President of the Philippine Health Insurance Corporation;
(39) President of the Home Development Mutual Fund;

(40) President of the Union of Local Authorities of the Philippines;
(41) President of the League of Provinces of the Philippines;

(42) President of the League of Municipalities of the Philippines;
(43) President of the League of Cities of the Philippines;

(44) President of the Liga ng mga Barangays;

(45) Maximum of six (6) representatives from the academe and

relevant research institutions;

other


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

(47) Maximum of six (6) 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.

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

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 Councing
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 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


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authority and power to require reports from the appropriate member-agencies
regarding implementation of such measures.

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

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

(1) The Regional Disaster Resilience Councils (RDRC)-

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

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

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

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


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

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

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

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

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

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

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

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


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SEC. 23. Establishment of Multi-Stakeholders Convergence Unit. — The
Department, with the assistance of other relevant government agencies and
stakeholders, shall establish Multi-Stakeholders Convergence Unit (MSCU), which
shall align the disaster resilience efforts of the private sector, CSOs, academe, and
other stakeholders with the Department by assisting, coordinating, or providing
services that strengthen public-private cooperation and coordination in disaster
resilience, including the following:

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

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

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

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

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

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


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

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

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

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


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

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

SEC. 26. Creation of the Climate and Disaster Research, Education, and
Training Institute. - (a) Within one (1) year from approval of this Act, the
Department shall establish the Climate and Disaster Resilience Research,
Education, and Training Institute in collaboration with higher education
institutions and private and state universities and colleges (SUCs) which shall be a
world-class center of excellence for learning and research in the field of disaster
risk and vulnerability reduction and management and climate change adaptation;

(b) The Climate and Disaster Resilience Research, Education, and Training
Institute shall be headed by a Director. The organizational structure and staffing
pattern shall be determined by the Department in consultation with the DBM and
in accordance with civil service laws, rules, and regulations.

(c) The Climate and Disaster Resilience Research, Education and Training
Institute shall have the following functions:

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


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

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

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

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

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

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

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

(d) Financial Support to the CenterL

(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


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appropriate. The funding for such local Climate and Disaster Resilience Research
and Training Centers may be sourced from the eighty (80%) percent portion of
the LDRF and other financial sources of the local government unit concerned.

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

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 geoOhazard assessments and
climate risk. It shall be repository of current and multi-temporal information for
wide-scale disaster risk analysis and climate change vulnerability assessment. The
CDRIMS shall at all times be made available to the Emergency Operations Center
of the National and Regional Climate and Disaster Resilience Council (NRCDRC)
development partners and multi-stakeholders to access critical information and
ensure that the collection processing, analysis and dissemination of information is
timely, reliable and accurate to support overall decision making and effective
coordination both at the national and subnational level.

SEC. 28. Disaster Resilience and Climate Change Education and Training. —
(a) The Department of Education, CHED, and Technical Education and Skills
Development Authority (TESDA), in coordination with the National Youth
Commission (NYC), the Department of Science and Technology (DOST),
Department of Environment and Natural Resources (DENR), Department of the
Interior and Local Government (DILG), Department of Health (DOH), Department
of Social Welfare and Development (DSWD), and other relevant agencies,


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development institutions, and nongovernment organizations shall integrate
disaster risk and vulnerability reduction and climate change adaptation education
in the school curricula at all levels of education, from K to 12 to tertiary levels,
including the early and adult learning programs, National Service Training
Program (NSTP), and education for children and persons with special needs,
whether private or public, including formal and non-formal, technical-vocational,
indigenous learning, out-of-school youth courses and programs, and other
channels of educational integration, including media, church, entertainment
centers (malls), international and domestic airports and transport terminals.

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

(c) In coordination with the Department and the Climate and Disaster
Resilience Research, Education, 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.

(d) 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.

(e) The DepEd, the CHED, and the Technical Education and Skills
Development Authority (TESDA) and other developmental institutions,
community-based practitioners and organized nongovernmental organizations
shall formulate and institutionalize flexible learning options such as online
modules, supplemental learning materials, resources and platforms, as part of its
climate change adaptation, disaster risk and vulnerability reduction and
governance, analysis, and management strategy.

(f) The DepEd, CHED, TESDA, developmental institutions and community-
based organizations shall regularly review, monitor, evaluate and report to the
Council the status of integration, mainstreaming and implementation of climate


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change adaptation, disaster risk and vulnerability reduction and management in
public-private schools and other learning institutions.

(g) The LDROs shall form formal partnerships with tertiary learning
institutions within their respective jurisdictions to provide standard and
ladderized training programs for LGU officials and other disaster risk and
vulnerability reduction management and climate change adaptation.

(h) The DRC, the RDRCs, the LDRCs, the LDROs, the BRDCs, and the
Sangguniang Kabataan shall encourage community, specifically the youth,
participation in disaster risk and vulnerability reduction and climate change
adaptation activities, such as Information, Education and Communication (IEC)
campaigns organizing quick response groups, particularly in indentified disaster-
prone areas, as well as the inclusion of DRVR-climate change adaptation programs
as part of programs and projects of the Sangguniang Kabataan, youth
organizations and community-based disaster risk and vulnerability reduction
management and anticipatory adaptation initiatives.

(i) There shall be a mandatory training on climate change adaptation-DRVR
for public and private sector employees, including teachers and Climate-Disaster
Resilience Coordinators from both the public and private learning institutions,
who shall be trained in emergency preparedness and response in 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. — (a) The DRC shall promote and advocate a culture of
resilience and responsible-accountable, liable and responsible citizenship through
information, education and communication that is appropriate, integrated,
calibrated and communication that is appropriate, integrated, calibrated,
inclusive, localized, science- and risk-based, gender, culture and disability
sensitive and accessible using multimedia. Information, education, and
communication on climate change adaptation and disaster risk and vulnerability
reduction management should be compelling but not alarming.


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(b) The NDRC shall formulate a Strategic Risk Communications Plan to
encompass the entirety of disaster risk and vulnerability reduction and climate
change adaptation to achieve the desired behavioural 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.

(c) 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 DDR shall provide
guidance and operating guidelines to LDRCs for the declaration of imminent
disaster in their respective areas which shall allow them to implement preemptive
measures and use their quick response funds in order to save lives and minimize
damage to property, loss of livelihoods and other assts.

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


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CHAPTER 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 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 LGUs the mandatory insurance
coverage of assets, properties and livelihood of vulnerable and marginalized
groups of unforeseen or contingent potential losses, damages and disruption
from natural hazards and human-induced disasters chargeable against the LDRF.

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


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CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC. 34. Standards for Disaster Preparedness Activities. — (a) The NDRC
shall establish standards for disaster preparedness, contingency planning,
localizing and operationalizing disaster risk and vulnerability reduction and
management, preparedness for disaster response, preparedness for early
recovery, continuity of essential services, and other relevant preparedness
activities.

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

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

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 NDRC shall issue policy 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 with the local executives
and officers to disseminate climate-disaster risk information through the


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involvement of LGUs, community-based organizations, CSGOs, and other
nongovernmental organizations.

SEC. 36. Early Warning Mandate. — (a) The Department shall issue an
integrated early warning for hydro-meteorological, geologic, or terrestrial
phenomena to the appropriate government agencies or government-accredited
organizations for forecasting and early warning purposes. The Department shall
recognize and proactively support local or indigenous mdoes of early warning
systems and allow open access to real-time data from both local and international
sources made available through various platforms such as websites, mobile
applications, and social media to empower local communities and individuals.

(b) The Department shall enhance and strengthen Philippine Atmospheric,
Geophysical and Astronomical Services Administration and Seismology
(PHIVOLCS) mandates under Republic Act No. 10692 and Executive Order No. 128,
Series of 1987, respectively.

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

(d) Transmission of Early Warning. A person who transmits early warning
concerning the abovementioned phenomena by means of signs in designs, colors,
lights, or sound shall do so in compliance with the methods recognizing or
approved by the NDRC.

(e) The NDRC at the national and subnational level shall consider the use of
integrated early warning system to ensure it is consistent and locally
contextualized with the communication protocol and safe evacuation procedure
of the affected communities to achieve zero casualty, to zero death.

(f) The Department shall consider working with other agencies or
organizations on pre-crisis information mapping of the humanitarian needs of the


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at-risk community that will enhance the overall prepositioning of resources at the
national and local levels.

CHAPTER 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 NDRC.

The declaration and lifting of the state calamity may also be issued by the
local Sanggunian, upon the recommendation of the LDRO, based on the results of
the damage assessment and needs analysis: Provided, that the Department
through the LDRC, may seek from the local legislative body or Sanggunian, the
declaration of a state of imminent disaster to enable the local executives to
implement preemptive evacuation and precautionary measures in order to save
lives and minimize damage to property, loss of livelihood, and disruption of
livelihood that require the use of funds and resources under the LDRF.

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 (BDRC), if one barangay is
affected;

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

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


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

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

SEC. 39. Humanitarian Assistance Action Center. — The DRC shall
institutionalize a one-stop mechanism through the Humanitarian Assistance
Action Center for the processing and release of goods, articles or equipment
intended for humanitarian assistance and the processing of necessary documents
for international assisting actors. The Humanitarian Assistance Action Center shall
be managed by the Department and shall be composed of the following NDRC
agencies:

(a) Department of Finance — Bureau of Customs;

(b) Department of Foreign Affairs;

(c) Department of Social Welfare and Development;
(d) Department of Health;

(e) Food and Drug Administration;

(f) Department of Agriculture;

(g) Department of Energy;

(h) Philippine National Police;

(i) Philippine Coast Guard; and

(j) Department of Justice — Bureau of Immigration.

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


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shall submit the list of volunteers to the Department, through the LDROs, for
accreditation and inclusion in the database of community disaster volunteers.

A national roster of Accredited Community Disaster Resilience Volunteers
(ACDRVs) and institutions, National Service Reserve Corps, CSOs and the private
sector shall be maintained by the Department through the LDROs. Accreditation
shall be done at the municipal or city level.

The mobilization of volunteers shall be in accordance with this Act and
implementing guidelines to be formulated by the NDRC. Any volunteer who died
or was injured while engaging in any of the activities defined under this act shall
be entitled to compensatory benefits and individual personal accident insurance
as may be defined under the guidelines.

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

CHAPTER XiIll
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. — (a) Immediately after the declaration of a state of calamity by the
sanggunian of an LGU or by the Department, as the case may be, the Department
shall determine as the whether domestic capacities are likely to be sufficient to
attend to the needs of affected persons for international humanitarian assistance.


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This determination may also be made by the President, prior to the onset of an
imminent disaster.

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

CHAPTER XIV
OFFER AND FACILITATION OF HUMANITARIAN
ASSISTANCE TO FOREIGN STATES

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


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

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.

CHAPTER XV
LEGAL FACILITIES FOR ELIGIBLE ASSITING 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 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 their foreign professional qualifications shall certify
the validity of those qualifications under the law of the country where they were
obtained and the competence of their personnel for the tasks envisaged.


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(b) The Department shall 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
practices in the country.

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 Department 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 or consignment of goods and equipment by
eligible assisting actors and shall accord them priority treatment and handling.

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

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

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


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SEC. 55. Exemption from Import Duties, Taxes and Restrictions. —
Consignment of goods and equipment by or on behalf of eligible assisting
international actors shall benefit from:

(a) Exemption from all duties and taxes;

(b) Waiver of economic prohibitions and restrictions except for categories
of special goods and equipment that may be indicated by the Department; and

(c) Clearance without regard to the country of origin or the country from
which the goods have arrived, subject to monitoring for reasons of public health
and security.

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

SEC. 56. Simplification of Document 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, then deemed necessary, to
completion of a more complete declaration within a specified period.

(b) 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 equipment for the
purpose of Disaster Relief or Initial Recovery Assistance without restrictions,
except as required by NDRC guidelines and other laws for purposes of national
security or public order. The NDRC shall provide the guidelines for the manner of
use of telecommunications equipment as well as a waiver of licensing
requirements or fees.


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

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 GOODS

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

CHAPTER XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY

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

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

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

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

(d) Employ outcome-driven planning and implementation;


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

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

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

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

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

(a) Imposition of price ceiling on basic necessities and prime commodities
by the National Price Control Council, as provided for under Republic Act No.
7581, otherwise known as the “Price Act” , as amended by Republic Act. No.
10623;

(b) Monitoring, prevention and control by the Local Price Coordinating
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 arrest further deterioration of
properties and loss of livelihoods in the affected communities, following the
“Build Forward Better” 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 LGU.


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CHAPTER 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 No. 9184,
otherwise known as “Government Procurement Reform Act”, as amended.

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

CHAPTER XIX
PROHIBITED ACTS AND PENALTIES

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.

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

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


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

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

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

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

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

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

(1) Delaying, without justifiable cause the delivery or improper handling or
storage of aid commodities, resulting to damage or spoilage;

(2) 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;

(3) Preventing the entry and distribution of relief goods due 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 aid 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;


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

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

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

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

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

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

(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 NDRC;

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

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


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

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

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

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

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

(b) Imprisonment of not less than six (6) years but not more than eight (8)
years or a fine of not less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00), or both imprisonment and fine
at the discretion of the court, shall be imposed upon any person who attempts to
commit any of the prohibited acts in the preceding section, in violation of
subsection (b)(17) thereof;

(c) Imprisonment of not less than two (2) years but not more than six (6)
years or a fine of not less than Two hundred thousand pesos (P200,000.00) but
not more than Five hundred thousand pesos (P500,000.00), or both imprisonment
and fine at the discretion of the court, shall be imposed upon any person found
guilty of unlawfully benefiting from the proceeds or fruits of any of the prohibited
acts in the preceding section, in violation of subsection (b)(18) thereof;


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(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,
confiscation or forfeiture in favour of the government of the objects and the
instrumentalities used in the commission of any of the prohibited acts in the
preceding section;

(e) If the offender is a corporation, partnership or association, or other
juridical entity, the penalty shall be imposed upon the officer or officers of the
corporation, partnership, association or entity responsible for the violation
without prejudice to the cancellation or revocation of these entities’ registration,
license or accreditation issued to them by any licensing or accredited body of the
government. If such offender is an alien, the person shall, in addition to the
penalties prescribed in this Act, be deported without further proceedings after
service of the sentence;

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

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

CHAPTER XX
APPROPRIATIONS

SEC. 68. Appropriations. - (a) The amount needed for the initial
implementation of this Act shall be taken from the current fiscal year’s expanded
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.


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

(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 LDRF to
support disaster risk and vulnerability reduction and climate change adaptation
and mitigation programs, projects and activities. The LDRC shall monitor and
evaluate the use and disbursement of the LDRF based on the LDRP as
incorporated in the local development plans and annual work and financial plan.
Upon the recommendation of the LDRO and approval of the sanggunian
concerned, the LDRC may transfer the said fund to support the disaster risk and
vulnerability reduction and climate change adaptation work and initiatives of
other LDRCs that are declared under a state of calamity.

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

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

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


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

(5) All department, bureaus, offices and agencies of the government are
hereby authorized to use a portion of their appropriations to implement projects
designed to address disaster risk and vulnerable reduction-climate change
adaptation activities in accordance with the DRP and the guidelines to be issued
by the DRC in coordination with the Department Budget and Management (DBM)
and Commission on Audit (COA).

Unexpanded LDRF shall accrue to a trust fund solely for the purpose of
supporting disaster risk reduction and management and climate change
adaptation activities of the LDRCs within the next two (2) years. Any such amount
still not fully utilized after two (2) years shall revert back to the general fund and
will be available for other social services to be identified by the local sanggunian.

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

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


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CHAPTER XX!
FINAL PROVISIONS
SEC. 69. Transfer and Attachment. —

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

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

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

(d) The Climate Change Office of the Climate Change Commission shall
continue its functions under Republic Act No. 10174 under the Department.

(e) The following agencies are hereby attached to the Department:

(1) Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA); and

(2) Philippine Institute of Volcanology and Seismology (PHIVOLCS).

(f) The employees of the Bureau of Fire Protection (BFP) shall remain as
distinct entity within the Department including their uniformed personnel status
and benefits.

The Department shall, by virtue of this Act, be subrogated to all the rights
and assume all the liabilities of the agencies absorbed under this Act, and all their
funds, records, property, assets, equipment, and such personnel as necessary,


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including unexpanded 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 separated from the
service as a result of this Act shall be entitled to separation pay and other benefits
in accordance with Republic Act No. 6656, and other existing laws, rules or
regulations: Provided, That those who are qualified to retire under existing
retirement laws shall be allowed to retire and receive retirement benefits to
which they may be entitled under applicable laws and issuances.

SEC. 71. Magna Carta for DDR Personnel. — Qualified employees of the
DDR, LGUs and its attached units shall be covered by Republic Act No. 8439,
otherwise known as the “Magna Carta for Scientists, Engineers, Researchers and
Other S and T Personnel in the Government”, and Republic Act No. 7305,
otherwise known as the “Magna Carta of Public Health Workers”.

CHAPTER XXII

MISCELLANEOUS PROVISIONS.

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

SEC. 73. Congressional Oversight Committee. - There shall be created a
Congressional Oversight Committee on Climate Change and Disaster Resilience to
monitor and oversee the implementation of the provisions of this Act. The
Committee shall be composed of six (6) members from the Senate and six (6)
members from the House of Representatives with the Chairpersons of the
Committees on National Defense and Security of both the Senate and the House
of Representatives as joint Chairpersons of this Committee. The five (5) other


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members from each Chamber are to be designated by the Senate President and
the Speaker of the House of Representatives, respectively. The minority shall be
entitled to pro rata representation but shall have at least two (2) representatives
from each Chamber.

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

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

SEC. 76. Repealing Clause. — (a) Republic Act No. 10121, otherwise known
as the “Philippine Disaster Risk Reduction and Management act of 2010”, is
hereby repealed.

(b) The following provisions are hereby amended or modified,
accordingly:

(1) Section 30 of Executive Order No. 128, Series of 1987,
Reorganizing the National Science and Technology Authority;

(2) Section 6 of Republic Act 6975, otherwise known as the
“Department of the Interior and Local Government Act of 1990”;

(3) Sections 3(d) and 5 of Republic Act No. 9729, otherwise known as
the “Climate Change Act of 2009”, as amended by Republic Act No. 10174;

(4) Section 4 of Republic Act No. 10639, otherwise known as “The
Free Mobile Disaster Alerts Act”; and

(5) Section 5 of Republic Act No. 10692, otherwise known as “The
PAGASA Modernization Act of 2015”.

(c) All other laws, decrees, executive orders and issuances,
proclamations, rules and regulations, and other issuances or parts thereof that


Le y

1948 are inconsistent with the provisions of this Act are hereby repealed or amended
1949 accordingly.

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1951 SEC. 77. Effectivity. — This Act shall take effect fifteen (15) days after its
1952 _ publication in the Official Gazette or a newspaper of general circulation.

1953 Approved,

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