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

Eighteenth Congress
First Regular Session

0
HOUSE BILL NO. 4302

Introduced by
Honorable DAVID C. SUAREZ and
Honorable ANNA MARIE VILLARAZA-SUAREZ

eee

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

EXPLANATORY NOTE

During the 2017 State of the Nation Address of His Excellency
President Rodrigo Roa Duterte, he called on Congress to expeditiously
craft a measure to establish a new authority or department that is
responsive to the prevailing 21% century conditions and empowered to
deliver enhanced disaster resilience and quick disaster response.

Then, in his 2018 SONA, President Duterte feiterated his call for
Congress to pass a law creating a Department of Disaster Management.
According to the President, and | quote, "We need a truly empowered
department characterized by a unity of command, science-based
approach and full-time focus on natural hazards and disasters, and the
wherewithal to take charge of the disaster risk reduction, preparedness,
and response, with better recovery and faster rehabilitation”

Our country is frequently visited and damaged by typhoons,
monsoon rains, floods, landslides, storm surges, drought, earthquakes.


and volcanic eruptions. Climate change and Global warming has
increased the intensity and frequency of these natural disasters.

The Philippines is within the so called “Pacific Ring of Fire” or the
“circum-Pacific belt”. Our geographical location in the world makes our
earthquakes and volcanic eruptions more frequent and stronger
compared to other countries. One of the most recent and destructive
earthquakes was the one that struck Bohol in 2013 wherein 222 were
reported dead while 796 people were injured. Then, who could ever forget
the eruption of Mount Pinatubo in 1991 which reportedly killed 847 people
and displaced thousand others.

Typhoons Ondoy (2009), Pablo (2012) and Yolanda (2013) have
destroyed thousands of Filipinos in ail parts of this country.

These recent disasters which claimed the lives of our poor
countrymen are concrete examples that our existing laws lacked
responsiveness for disaster resilience.

The present set-up is that the National Disaster Risk Reduction and
Management Council (NDDRMC) was given pojicy-making, coordination,
integration, supervision, monitoring and evaluation functions. The Office
of Civil Defense (OCD) is the NDDRMC's secretariat and coordinating
arm, However, the policy-makers and high ranking officials of the
NDDRMC does not work full time or merely “multi-tasking” along with their
equally important government positions. As per Republic Act No. 10121,
the NDRRMC is composed of the following agencies: (1) Chairperson —
Secretary of Department of National Defense; (2) Vice Chairperson for
Disaster Preparedness — Secretary of Department of Interior and Local
Government; (3) Vice Chairperson for Disaster Prevention and Mitigation
— Secretary of the Department of Science and Technology; and (4} Vice
Chairperson for Disaster Rehabilitation and Recovery — Director-General
of the National Economic Development Authority.

The current structure where authority is shared, responsibility is
dispersed and resources are scattered, renders it difficult to operate an
appropriate and immediate response, thus delaying critical disaster
response and recovery.

The creation of this Department of Disaster Resilience or DDR will
establish a permanent and full-time government office which has a
focused function of ensuring safe, adaptive, and disaster-resilient
communities.


The DDR shall be led by a Secretary, with four (4) Undersecretaries
who shail be responsible for the following areas: (1) Disaster Risk
Reduction; (2) Disaster Preparedness and Response; (3) Recovery and
Building Forward Better; and (4) Support to Operations with a strong ICT
cluster,

The key features of the bill are the following: (1) Clear system of
responsibility for disaster preparedness and response; (2) Take-over
capacity under extreme conditions; (3) Fast and responsive procurement,
(4) Highly specialized functions and highly skilled personnel requirements:
(5) Institutional partnerships with LGUs, NGOs and the academe; (6)
Disaster Resilience Research and Training Institute (DRRTI); (7) Science
and ICT-based approach.

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

G Wu

”
DAVID £\ SUARI ANNA MARIE VIXLARAZA-SUAREZ
Quezo| ALONA Partylist


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 4301

Introduced by
Honorable DAVID C. SUAREZ and
Honorable ANNA MARIE VILLARAZA-SUAREZ

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:

ARTICLE |
GENERAL PROVISIONS.

Section 1. Short title — This Act shall be known as the “Disaster Resilience Act
of 2019”.

Section 2. Dectaration of Poticies and Principles - The State recognizes the
that:

a. The Philippines is one of the countries most vulnerable to climate change and
various kinds natural hazards, including, among others, typhoons, earthquakes,
floods, volcanic eruptions, landslides, storm surges, and drought;

b. Tremendous physical and economic, losses are sustained by the country, and in
certain cases, damage to our national, cultural, and historical heritage, each time
such natura! hazards wreak havoc on an unsuspecting and unprepared populace;

c. There is an urgent need to establish a focused, streamlined, independent,
empowered, capacitated, full-time, specialized agency on disaster risk reduction
and management as well as emergency response, which is national in scope and
civilian in character,


COXA Hew

. The people are the most important assets of the nation, and all disaster risk

reduction and management efforts shall be responsive to the humanitarian
needs of the people, the dignity and value of the human person, and respect
for property.

‘Towards this end, the state shall endeavor to ensure:

|. That a strategic, systematic, continuous, comprehensive, inclusive, and

Integrated approach to disaster risk reduction and management is established,
with the end in view of substantially reducing vulnerabilities and the risk of
disasters and other humanitarian emergencies, towards the preservation of life
and property, thereby ultimately preventing or deterring the loss of lives and
the social, economic, cultural, and environmental assets of the country;

That @ permanent, institutionalized, cohesive and comprehensive framework
for disaster preparedness, prevention and mitigation, and response, is adopted,
to be implemented by a highly specialized and focused agency bearing its own
mandate, powers, and funding, in coordination and with the. Participation of the
Philippine government, other foreign governments and financial institutions,
international organizations, the private sector, and civil society;

. That the differing concems and needs of various sectors or those with higher

vulnerabilities such as women, children, elderty, persons with disabilities, and
indigenous peoples, are specifically served, with respect to disaster resilience
and disaster management;

. The implementation of the principles, concepts and action pians of climate

change and disaster risk reduction contained in international and nationat
frameworks and commitments in various phases of policy formulation,
development and investment plans, Poverty reduction strategies and other
development tools, and techniques by all_nationat and local agencies,
institutions and instrumentalities of the government to enhance the country's
Capacity for climate change adaptation and mitigation;

2. To inculcate a culture of resilience and Preparedness for natural disasters at

the national, regional and local levels, and adopt a whole-of-society approach
in disaster resilience to enhance collaboration, planning, and dialogue among
all sectors of society, and in improving their ‘strategies and/or action plans for

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disaster risk reduction,
Sec. 3. Definition of Terms, —As used in this Act:

. Adaptation shall refer to the adjustment in natural or human systems in

response to actual or expected climactic stimuli or thelr effects, which
moderates harm or exploits beneficial opportunities,

.. Assisting Actor shalll refer to any Assisting International Actor and any Assisting

Domestic Actor responding to a disaster in the country.

. Assisting Domestic Actor shall refer to any not-for-profit entity established

under domestic laws, which Is responding to a disaster in the country.

|. Assisting International Actor shall refer to any foreign state, organization, entity

OF individual responding to a disaster within or transiting through the country
to respond to a disaster in another country

. Biological Hazards shall refer to hazards that are of ‘organic origin or conveyed

by biological vectors, including pathogenic mictoorganisms, toxins and
bioactive substances. Examples are bacteria, viruses of parasites, as well as
venomous wildlife and insects, poisonous plants and mosquitoes carrying
disease-causing agents;

Guild Forward Better shall refer to an approach to building and/or
Feconstructing an area or community which entalls a shift from ‘simple recovery
and restoration to safer, more adaptive, resilient, and inclusive communities,
Business Continuity shall refer to the capacity of a business entity to continue
the delivery of its products and/or services at acceptable pre-defined leveis
following a disruptive incident;

Capacity shall refer to the combination of all strengths, attributes and resources
available within a community, society or organization that can reduce the level
of tisk, 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.
Quil Society Organizations (CSOs) shall refer to non-state actors whose alms
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 fife,

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‘expressing the interests and values of their members or: ‘other, based on ethical,
cultural, scientific, religious or Philanthropic considerations. CGOs include
Nongovernment organizations (NGOs), professional associations, foundations,
independent research institutes, community-based organizations (CBOs), falth-
based organizations, people's organization, social movements, and labor unions
Gimate Change shall refer to a change in the state of the climate that can be
identified by changes in the mean and/or the variability of its properties, and
that persist in an extended period, typically decades or longer, whether due to
natural variability or as a rest of human activity as defined under Republic Act
No. 9728, 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.

Climate Mitigation shall refer to efforts to reduce or limit greenhouse gas
emissions or enhance greenhouse gas sequestration;.

Cuitural Heritage shall refer to the totality of cultural property preserved and
developed through time and passed on to posterity;

. Contingency Planning shall refer to a Management process that analyzes

Specific potential events or emerging situations that might threaten ‘society or
the environment and establishes arrangements in advance to enable timely,
effective and appropriate responses to such events and situations.

h. Department shall refer to the Department of Disaster Resilience or the DDR;
. Development Assistance shalt refer to any financial, material or other forms of

assistance fo support the economic, socal, and environmental well-being of
areas and/or people affected by a natural disaster;

. Disability shall refer to an evolving concept that results from the interaction

between persons with impairments, societal barriers, as defined under Republic
Act No. 7277, and attitudinal and environmental barriers that hinder their full
and effective participation in society on an ‘equal basis with others,

|. Disaster shall refer to a serious disruption of the functioning of a community or

@ society involving widespread human, material, economic or environmental
losses and impacts, which exceeds the ability of the affected community or

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as

Society to cope using its own resources. Unless otherwise used specifically in
this Act, the term “disaster shall refer to “natural disaster”;

Disaster Contingency Fond shall refer to a fund, in jump-sum form, managed

by the Department to expediently provide funds and resources for disaster relief
Or response in affected areas;

Disaster Mitigation or Mitigation shall refer to the lessening or limitation of the
adverse impacts of hazards and related disasters. Mitigation measures include
hazard-resistant structures as well as improved environmental, tand use
planning, climate change and other sectoral policies and public awareness;
Disaster Preparedness shall refer to the knowledge and capacities developed
by governments, Professional, 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 resettiement sites,

|. Disaster Prevention shall refer to the intention to avoid, or the outright

avoldance, of potential adverse Impacts of disasters and related hazards
through action(s) taken In advance. 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 tisks, land-
use regulations that do not permit any settlement in high- risk Zones, and
selsmic engineering designs that ensure the survival and function of a critical
building in any likely earthquake;

. Disaster Resilience shall refer to the ability of a system, community, or society

exposed to hazards to resist, absorb, accommodate, adapt to, transform, and
recover fram the effects of a hazard and/or the long-term impact of climate
change in a timely and efficient manner, including through the preservation
and restoration of its essential basic structures and functions through risk
management;


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w. Disaster Response shall refer 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.

Xx. Disaster Resilience Fund shail refer to the budget managed by the Department,
which includes funds appropriated to it by Congress pursuant to an
Appropriations Act, the Disaster Contingency Fund, and the Rehabilitation and
Recovery Fund;

y. Disaster Risk shall refer 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.

2 Disaster Risk Governance shall refer to the way in which public authoritles, civil
Servants, media, private sector, and civil society coordinate at community,
national and regional levels in order to manage disaster and dimate 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,

Ba. Disaster Risk Management (DRM) shall refer 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;

bb. Disaster Risk Reduction (ORR) shall refer to the Prevention of new, and/or
reduction of existing, disaster risk(s) and the management of Tesidual risk, to
enhance resilience to disasters;

cc. Early Warning System shall refer to an integrated system of hazard monitoring,
forecasting ancl Prediction, disaster risk assessment, and communication and

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and/or its Implementing Rules and Regulations (IRR);

ee. Emergency shalt refer to an unforeseen or sudden occurrence, especially
danger, demanding immediate and decisive action;

ff. Emergency Management shall refer to the organization and Management of
resources and responsibilities for addressing all aspects of emergencies, in
Particular preparedness, response and initial recovery steps;

99. Environmental Hazards- the hazards that may be chemical, natural, and
biological, and can be created by environmental degradation or Physical or
chemical paitution in the alr, water, and soil. However, many of the Processes

and tisk rather than hazards themselves, such as soil degradation,
deforestation, loss of blodiversity, salinization, and sea-level rise;

hh. Exposure shail refer to the degree to which the elements at risk are likely to
experience hazard events Of different Magnitudes;

I. Geographic Information System (GIS) shall refer to a System used to capture,
store, manipulate, ‘manage and display ail types of spatial or geographical data;

i. Geographically Isolated and Disadvantaged Area (GIDA) shall refer to areas

Isofated due to distance, weather Conditions and transportation difficulties
(island, upland lowland, tandlocked, hard tp feach and underserved

communities); and/or ‘socio-economic factors—(highly Poverty incidence,

crisis or armed conflict);
kk. Geological or geophysical hazards shalt refer to the hazards that originate from
internal earth Processes, such as: earthquakes, volcanic. activities and emissions,

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and related geophysical processes, which include mass movements, landslides,
rockslides, surface collapses, and debris or mud flows. Hydrometeorological
factors are important contributors to some of these processes. While tsunamis
are triggered by undersea earthquakes and others geological events, they
essentially become an oceanic process that Is manifested as coastal water-
related hazard;

|. Hazard shall refer to a phenomenon, substance, human activity or condition

that may cause loss of life, injury or impacts to health; saclal and economic
disruption, environmental damage, or joss offdisruption to property, livelihood,
and/or services;

mm. Historical Jandrmarks shall refer to sites or structures that are associated with

events or achievements significant to Philippine history as declared by the
National Historical Institute or the applicable agency;

nn. Human-Induced Hazard shalt refer to an event that is caused by humans and

‘occur in or clase to human settlements or a particular environmental area. This
can include environmental degradation, technological or industrial conditions,
Pollution, accidents, e.g. high density events, industrial and transport accidents,
complex emergencies, armed conflict, situations of generalized or organized
violence, and violation of human rights;

00, Humanitarian assistance shall refer to financial, material or other similar forms

of assistance to address the immediate needs of people affected by a natural
disaster;

pp. Hydrometeoroiogical hazards shall refer to hazards that are of atmospheric,

hydrological, or oceanographic origin, such as tropical cyclones (also known as
typhoons and hurricanes); floods, including flash floods; drought; heat waves
and cold spells; and coastal storm surges. Hydrometeorological conditions may
also be a factor in other hazards such as landslides, wildland fires, locust
plagues, epidemics, and in the transport and dispersal of toxic substances and
volcanic eruption material;

qq. Jmpact and needs assessment shall refer to the assessment of the nature and

Magnitude of a disaster, its impact on affected Populations, the type and extent


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of emergency, and the requirements for recovery and rehabilitation of affected
area(s);

tr, Immediate Danger shall refer to 2 situation where, on the basis of Official
forecasts, it could reasonably be expected that a disaster will occur in a
particular geographical area and within an estimated period of time, and where
necessary preparedness actions or financing are required;

5s, Integrated Disaster Resilience Information System shall refer to @ 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;

tt. International Disaster Relief and Initial Recovery Period shal refer to the period
that 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 seguiations;

uu. Jaternally Displaced Persons shall refer to Persons or groups of persons who
have been forced or obliged to flee or to leave thelr homes or places of habitual
residence within national borders;

w. International Personnel shall refer to Staff and volunteers of any assisting actor
Providing disaster relief or initial Fecovery assistance being persons who are
Neither citizens of nor domiciled in the Philippines prior to their recruitment by
the international assisting actor;

ww. Land Use Planning shall refer to the process undertaken by public authorities
to Identity, evaluate and decide on different options for 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;

>. Lega/ Facilities shall refer to entidements and exemptions that are granted to
Assisting Domestic or International Actors that are declared to be eligible
Pursuant to this Act and its implementing rules and regulations;

yy. Local Disaster Resilience Plan (ZORP) shall refer to a document prepared by an
LGU based on the National Disaster Resiflence Framework (NDRF) and the

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1 National Disaster Resilience Plan and Investment Plan (NDRPIP) that sets out
2 ‘specific programs, objectives and goals to implement disaster risk management
3 and climate change adaptation measures at the local level. The Plan Indudes,
4 among others, an evaluation and analysis of emerging disaster risks, hazards
5 and vulnerabilltles applicable to an LGU, and specific programs and activities to
6 ensure responsive, effective, and appropriate disaster preparedness and
7 managements at the lacat level;

8 zz. National Continuity Policy shall refer to a comprehensive national policy
9 consisting of a set of programs and projects aimed at capacitating the

10 government to ensure the continuity of governance and the delivery of public
ui services during and after any disaster;

12 aaa. ‘National Disaster Resilience Framework (NDRF) shall refer to 2 framework that
13 Provides for a comprehensive, multi-sectoral, whole-cf-government, and
14 whole-of-sodety approach to attaining safe, adaptive, and resilient
15 ‘communities that can resist, prevent, mitigate against, absorb, accommodate,
16 adapt to, recover, or build back better form the effects of a natural hazard in
7 a timely and efficient manner through, among others, disaster risk reduction
18 and management, and climate change adaptation and mitigation. The NORF
19 shall be composed of a National Disaster Risk Reduction and Management
20 Framework (NDRRMF), and National Framework Strategy on Climate Change
a (NFSCC);

2 bbb. National Disaster Resilience Pian and Investment Program (NDRPIP) shail
23 refer to a plan formulated and implemented by the national and [local
24 governments, in collaboration with NGOs, the Private sector, academe,
25 international development partners, and others, in accordance with the NDRF
26 that sets out the outcomes, goals and ‘objectives, priorities, programs and
27 corresponding action plans for disaster risk reduction, preparedness, and
28 management, and climate change mitigation. The NDRPIP shal! aiso include,
29 ameng others, goals, objectives and action plans for a national continuity
30 policy.—It shail be in ‘conformity with the national disaster risk reduction and

31 Management framework,

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ee Yaw aw

ccc. Natural Hazard shall refer to naturally occurring physicat phenomena caused

either by rapid or slow onset events, which can be geological (earthquakes,
ground rupture, fiquefaction, iandslides, tsunamis, sinkholes, and volcanic
activity), hydrological and meteorological (floods, sever winds, typhoons,
storm surges), climatological varlabillty (extreme temperatures, E) Nifio, La
Nifia, forest fires), or biological (disease, epidemics and insect/animat
Plagues);

ddd. Qpen Data shall refer to a set of data that can be freely used, shared and

dullt-on by anyone, anywhere, for any purpose, it must be available In bulk,
and 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 the
end-users computer. The data must permit People to use, re-use, and
redistribute it, including Intermixing it with other data sets and distributing the
results. Lastly, it does not allow conditions to be places on how people can
use such data but permit a data provider to require that data has been
changed, or triat any new datasets created using their data are also shared
as open data;

eee. Pre-Disaster Recovery Plan (PDRP) shail refer to a Plan intended to heip

government officials working in smail communities or across an entire nation,
to define and follow a process to pre plan for disaster recovery, and thereby
‘Strengthen their own future recovery efforts and outcomes;

ff. Pre-Disaster Risk Assessment (PDRA) shall refer to a Process to evaluate a

hazard’s level of risk given the degree of exposure and vulnerabllity in a specific
area likely to be affected by an imminent hazard. It presents the possible
impacts on the population and forms a basis to determine the appropriate level
Of response actions from the national level govemment agencies down to the
local government units. It is hazard-specific, area Focused, and time-bound;

999. Recovery shail refer to rehabilitation measures that ensure the ability of

affected communities or areas to retum their normaf level of functioning by
restoring fivelinoods and ‘services, reconstruction of. damaged infrastructures
and increasing the communities’: organizational capacity;

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hhh. Rehabilitation shall refer to restoration of basic services and facilities for the
functioning of a community or a society affected by a disaster;

lil Response shall refer 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 communities; and in the restoration
Of essential public activities and facilities;

Jil. Retrontting shall refer to the reinforcement of upgrading of existing structures
to make them more resistant and resilient to the damaging effects of hazards;

kkk. Risk assessment shail refer to ‘@ methodology to determine the nature and
extent of risk by analyzing potential hazards and evaluating existing conditions
of vulnerability that together could Potentially harm exposed people, property,
services, livelihood and the environment on which they depend;

WW. Risk Transfer shall refer 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 ocours, in exchange for ongoing or
compensatory social or financial benefits Provided to that other party;

mmm. Safety stock shail refer to items, such as raw materials, Component parts,
©r finished goods, maintained in inventory to reduce the risk that such item
will be out of stock, in anticipation of unforeseen shortages or unusual
demand for such items;

nnn. Service Contineity shall refer to the Capacity of a government instrumentality
to continue delivering its mandated outputs and/or services to the Public
during and after a disaster;

000, State Of Calamity shail refer to a condition involving endangered to and/or
loss of lives, damages to property, economic and/or social disruption,
Interruption and/or loss of livelihood and/or Services, and destruction and/or
damages to infrastructure as 2 result of natural disaster(s) or related
hazard{(s);

PPD. Simplified or Pre-Arranged Contract shall refer to a written agreement in the
hature of an option contract between the Procuring entity on one hand, and
the most responsive and lowest calculated bidder on the other, granting the

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Procuring entity the option te either place an order for any of the goods
identified therein or not buy at all, within a given period of time;
qqq. Sustainable Development shall refer to development that meets the needs of
the present without compromising the ability of future generations to meet
their own needs;
tr, Volunteers shalt refer to individuals, groups or entities that offer and/or
pravide services or assistance, without compensation, to help people and/or
areas affected by disasters;
sss. Vulnerability shall refer to the conditions determined by physical, social,
economic, crganizational, and environmental factors or processes, which
increase the susceptibility of an individual, a community, assets or systems to
the impacts of hazards;
ttt. Whole-of'Society Approach shall refer to an approach that encourages the
meaningful the active participation and synergy of the different stakeholders of
society toward climate change adaptation and mitigation, and disaster risk
reduction and management at the national and locai levels;
uuu. Whole-of Government Approach shall refer to an approach that instills and
fosters collaboration among ail government instrumentalities both at the
national and local levels toward shared sustainable development goals and
outcomes; and
ww. Whole-of-Nation Approach shali refer to an approach that seeks to bring about
& concerted effort towards sustainabie development, national peace and
security by creating consensus and understanding of development. and
securlty that is shared not just among core security forces and oversight
government Institutions, but also by the nation’s stakeholders, e.g.,
government, civil society, private sector, and the communities.

ARTICLE IT
THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS,


Cer nnawne

SRB 26

Sec. 4, Creation of the Department of Disaster Resilience. ~ There is hereby
created the Department of Disaster Resilience, hereinafter referred to as the
Department.

The Department shafl be the Principal government institution responsible for
ensuring safe, adaptive, and disaster-resilient communities, It shall Jead, spearhead,
initiate, and integrate the crafting and Implementation of comprehensive,
continuous, and strategic plans, programs, projects and activities to reduce the risk
of all types of natural hazards and effects of climate change, and manage the impact
Of disasters with the primordiat goal of saving lives and minimizing damage to
Property, in close collaboration with all relevant stakeholders at the fational and local
levels.

The Department — shall oversee and coordinate the preparation.
Implementation, monitoring, and evaluation of disaster and climate Fesllience 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 and anticipatory adaptation
strategies, measures, techniques, and options. it shall also manage and direct the
Implementation of | national, local, and community-based disaster resilience programs
fn collaboration with relevant national government agencies, LOUs, CSOs, and other
stakeholders, as applicable.

Sec. 5. Powers and Functions of the Department. - The Department shall
exercise and perform the following powers and functions:

Overall functions:

1. Craft the policies and lead the implementation of the Programs, projects and
activities necessary to reduce the ‘country’s vulnerabilities to natural hazards
and climate change, using the PDRP and the relevant climate change and DRR
frameworks as anchors;

2. Review and build upon, to the extent necessary, the existing disaster resilience
framework, plans and Strategies in the crafting of an NDRFE and the
corresponding NDRPIP;

3. Oversee, review, and approve the translation, integration, and implementation
of the NDRPIP into LDRPs;


4. Communicate and disseminate criticat information to help the public prepare
for, respond to, and recover from a disaster;

5. Recelve, manage, and administer the Disaster Resilience Fund, the Disaster
Contingency Fund, donations and other funds, assets and/or properties
Feceived by the Department to accomplish the purposes of this Act;

§. Recommend to the President of the Philippines the declaration of a state of
calamity due to a natural disaster, and the lifting thereof when conditions
stabilize;

7. Direct any government entity to help ensure the attainment of the goals and
objectives of this Act:

8. Advance the country's interests relating to disaster resilience and dimate
change In the regional and global arena;

9. Advise the President on matters concerning disaster resilience and make
recommendations, as appropriate; and

10.Perform such other functions, as provided by faw or assignment of the
President, and undertake all other necessary actions to ensure the attainment
Of the overail goals and objectives of this Act.

Disaster Risk Reduction;

1. Develop coordinated national, regional, and local strategies for the effective
Prevention and mitigation of disaster risk resulting from natural hazards,
including the effacts of climate change;

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

3. Establish a disaster resilience information system to facilitate the creation of an
integrated risk assessment platform bullt from the Inputs of government and
private scientific and academic institutions, national government agencies and
focal government units, local communities, and other stakehoiders and that is
able to provide readily accessible and actionable information for purposes of
tisk governance and humanitarian action;

4. Formulate plans and Programs to establish and implement government
redundancy, service and business continuity, and a National Continuity Policy,
as a high priority and urgent undertaking;

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5. Ensure the use of advanced science and technology in anticipatory planning of
communities against the impact of natural hazards and climate change through
consuitation, and employment with a regular department funding the acaderne
or higher education institutions;

§. Develop and implement policies and programs related to the construction of
Rew settfements or relocation of settlements In safe areas that shall, to the
extent such policies and programs relate to disaster risk reduction, mitigation,
prevention or bullding forward better, prevail over policies or decisions of other
government departments, government. agencies, government owned or
Controlled corporations, LGUs, and other government instrumentatities;

7. Design and Implement an incentive system for greater private and pubtic
investment, both at the local and national levels, on disaster risk reduction;

8. Oversee and ensure the mainstreaming of climate change adaptation and
disaster risk reduction in development and land use Planning, and the
Preparation of contingency plans;

9. Create an enabling environment that shall Promote broader mult-stakeholder
Participation for disaster risk reduction and climate change adaptation and
mitigation;

10.Communicate and disseminate critical information to help the public prepare
for, respond to, and recover from a disaster;

11. Establish and monitor local and national Capacity for disaster risk financing and
insurance and other risk transfer ‘strategies in coordination with the Department
Of Finance (DOF), the Government Service Insurance System (GSIS), and the
Land Bank of the Philippines (LBP), and the Insurance Commission;

12,Coordinate directly with local government units and private entities to address
Disaster Risk Assessment {DRA) of regions and Provinces at the meso-scale,
dties and municipalities at the micro-scale, and barangays at the meta-scale;

13.Review and evaluate local disaster resitience plans and other local plans to
ensure their consistency with the National Disaster Resilience Framework; and

14. Undertake ail other programs, projects, and actions necessary to attain the
‘overall goals and intended outcome of this key result area,


1 Disaster Preparedness and Response
2 1. Lead, manage, and collaborate with the relevant government instrumentalities,
3 non-government stakeholders, and international partners in providing the
4 minimum basic needs of people in affected areas before, during and/or
5 immediately after a disaster to save lives and minimize casualties;
6 2, Ensure the efficient prepositioning of goods, maintenance, and disposal of
7 safety stocks;
8 3, Prepare pre-disaster recovery plans in anticipation of future disasters by
9 engaging the community and planning for recovery activities that are
10 comprehensive and long-term;
u 4. Establish a corps of first responders in partnership with national and local
12 stakeholders, both public and private;
3B 5. Formulate standards for contingency planning for adoption by both national
14 government agencies and local government units;
1s 6, Recommend to the President of the Philippines the declaration of a state of
16 calamity due to a natural disaster, and the lifting thereaf when conditions
v7 stabilize;
18 7, Oversee and maintain a national early-warning and emergency alert system
19 that must provide a specific, areas-focused and time-bound warning that are
20 accurate, timely, understandable and readily accessible to national and local
21 emergency response organizations and the general public;
22 8. Implement Pre-Disaster Risk Assessments to include deployment of rapid
23 assessment teams to gather information for precise actions as a basis for
24 emergency preparedness and humanitarian response;
25 9. Coordinate infarmation-sharing and other disaster risk reduction Protocols:
26 following the principle of inter-operability among national government agencies
27 and iocal government units;
28 10. Establish and maintain a national humanitarian logistics system with a network
29 of warehouses, transport and resources, including response assets and disaster
30 relief food and non-food items;
31 11.Call upon the relevant government instrumentalities, non-government
32 stakeholders, CSOs, and international partners for assistance in ensuring the

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Protection and preservation of life and Property such as through the use of
their resources and facilities, among others. This function includes the power
to call on the reserve force as defined in Republic Act no. 7077 to assist In
search and rescue, and the relief and disaster Preparedness and response
Operations;

12. Organize, train, equip, and maintain a system of response Capacity for search,
rescue and retrieval and the delivery and distribution of retlef goods;

13.Monitor and support LGUs in the management of evacuation centers and
ensure the welfare and dignity of Internaliy-displaced persons;

14.Procure goods and services prior to, during, and after emergencies for
Preparedness, response, and recovery activities, including those prompted by
a declaration of a state of calamity or of an imminent disaster;

15. Issue special procurement rules and reguiations, in close coordination with the
Government Procurement Policy Board, for Preparedness, response, and
recovery activities, Including those prompted by a declaration of a state of
calamity or of an imminent disaster;

16. Assist in mobilizing Necessary resources to Increase the overail capacity of focal
government units, specificaity those with low income and situated In high-risk
areas;

17. By the authority of the President, secure the assistance Of the Armed Forces of
the Philippines (APP), the Phillppine National Police (PNP), DILG-Bureau of Fire
Protection (BFP), DOTr-Philippine Coast Guard (PCG), and other uniformed
services in undertaking disaster preparedness and response operations in at~
risk and/or disaster- affected areas; and

18.Undertake all other programs, projects, and actions necessary to attain the
overall goals and intended outcomes of this key result area,

Recovery and Building Forward Better;

1, Prepare, organize, lead, implement, and manage post-disaster assessment and
recovery and rehabilitation programs and plans, in coordination with the
affected iocal governments ‘units, national government agencies, and other
stakeholders;


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. Establish a system that utilizes templates, exposure database, and other tools;

and develop the Department's in-house ‘capacity for the prompt and expedient
Preparation of rehabilltation plans, when needed, for disaster affected areas;

- Prepare and Implement the recovery and rehabilitation plan(s) for disaster

affected areas;

+ Implement the cluster approach to expedite reconstruction efforts, e.g,, post-

disaster shelter recovery, and orchestrate and serve as the clearinghouse for
the participation of assisting actors In such efforts;

. Collaborate with relevant government agencies and non-govemment

stakeholders in undertaking programs and Projects to restore and/or generate
livelihocd and entrepreneurial activities and opportunities in disaster-affected
areas;

Ensure that the principle of Building Forward Better, not mere restoration, Is
applied to all recovery, reconstruction, and rehabilitation efforts; and

. Undertake all other Programs, projects, and actions necessary to attain the

Overall goals and intended outcomes of this ‘key result area,

Other Powers and Functions;

1,

Constitute, call, convene and/or deputize agencies of government, and Invite
non- government and private organizations, to assist, advise, and/or coordinate
with the Department to achieve the goals and purposes of this act;

- Provide operating guidelines to the LDROs for the Declaration of Imminent

Disaster in their respective areas, which shall aliow them to impiement
preemptive measures and use their quick response funds in order to save Ives
and minimize damage to Property, loss of livelihood, and other assets;

. Establish and monitor local and national Capacity for disaster risk financing and

insurance and other risk transfer strategies in coordination with the DOF, GSIS,
LBP, and the Insurance Commission;

}. Coordinate information-sharing and other disaster tisk reduction protocols

following the principle of intes-operabity among National Government
Agencies and Local Government Units, before, during, and after a disaster;

. Administer, mobillze, monitor, and oversee the utilization of disaster resilience-

related funds, including, but not limited to, the National Disaster Resilience

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Fund and the Supplemental Disaster Resilience Support Fund for low income
Provinces, cities, and municipalities, and muiti-hazard local government units;

6. Inspect and examine the status of projects, programs, and activities
undertaken by nationa! government agencies and local government units in
furtherance of disaster resilience efforts;

7. Whenever It becomes necessary, to save lives and/or minimize damages to
livelihood and property, assume supervision over the implementation of any
government program. project, or activity in anticipation of, during, and in the
aftermath of a disaster;

8. Negotiate, enter into, institutionalize, and coordinate arrangements with any

Private person or entity for the purpose of ensuring the adequate and prompt

availability of goods and services necessary In anticipation of, during, and in

the aftermath of disasters;

Manage all funds appropriated to it by law and from other sources, Including

all donations and grants received by it;

10. Promulgate rules and regulations for the receipt, management, and accounting
of donations that are consistent with the rules of the Commission on Audit
(COA) on the use of foreign and local ald during calamities and disasters;

11,Recelve humanitarian assistance from local and foreign sources, recommend
the acquisition of developmental assistance for the Purpose of disaster
resilience, acknowledge and certify the receipt of all humanitarian assistance,
and ensure their judicious use and management;

12. Establish and operate a platform, including an online platform, to monitor and
provide public access to infor-nation on humanitarian assistance received by
the Department;

13.Secure the assistance of the AFP. PNP, DILG- BFP, DOTI-PCG, and other
uniformed services and gavernment instrumentalities to ensure the attainment
Of the three key. result areas, and the overall goals and objectives of this Act;

14.In consultation with the COA, promulgate rules and regulations for the
retention, re- exportation, donation, and disposition of unused goods and
equipment after the termination of disaster rellef and Initial recovery
operations;

>


15. Assist appropriate national government agencies and offices and concerned
local government units in protecting national cultural heritage including national
‘treasures and national historical landmarks, sites or monuments from hazards
and disasters; and

16.Perform such other functions, as provided by law or assignment of the
President, and undertake the necessary actions to ensure the attainment of the
overall goals and objectives of this Act,

ARTICLE IIT
EMERGENCY MEASURES

Sec. 6. Emergency Measures. —

a. The Department shall undertake and implement such Immediate measures
as may be necessary to ensure the protection and preservation of life or
Property in anticipation of, during, and in the aftermath of emergencies,
hazards and disasters, including preemptive and forced evacuations.

Local government unlts shall enact an ordinance on and implement
necessary and appropriate emergency measures, including preemptive and
forced evacuations, to ensure the protection and preservation of life or
Property in anticipation of, during, and in the aftermath of disasters,

It shall be mandatory for Local Government Units to Provide evacuation
centers, with due consideration to the Capacity of local facilities, when
requested by the Department, in anticipation of, during, and in the
aftermath of emergencies, hazards and disasters. In providing such
evacuation centers, due regard shall be given to the most vulnerable and
marginalized groups, respecting the dignity and culture of persons,
observing equality, and using proportionate force in implementing such
emergency measures.

Preemptive evacuation shall be the preferred as the primary made of
moving people that will be affected by disasters.

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Forced evacuation shall be considered as an emergency measure of last
resort, and shall be carried out by the affected local government unit,
pursuant to a duly issued order by the local chief executive: Provided, That
In case of the failure of the local chief executive to issue such an order, the
forced evacuation shall be implemented by the Department, which may
direct and compet the assistance of law enforcement and other relevant
government agencies to implement such measure.

Any person who willfully and deliberately disregards or disobeys a
preemptive or forced evacuation implemented by the local government unit.
or the Department, as the case may be, releases such local government unit
or the Department from any liability for injury, death, damage to, or toss of
Property due to such disobedience,

. Whenever necessary, the Department may recommend to the President the

calling out of the Armed Forces of the Phillppines to prevent or suppress
fawless violence occurring before, during, and in the aftermath of disasters.
The Department may ration the distribution of basic goods in critical
shortage, and/or restrict or ban the transfer of such goods outside the area
covered by the emergency measure.

|. The Department may temporarily take over or direct the operation of any

private utility or business for urgent public purpose in anticipation of, during,
and in the aftermath of emergencies, hazards, and disasters and only when
there is imminent danger of loss of lives and/or damage to property, subject
to the payment of just compensation.

. Local government units shall likewise enact the abovementioned emergency

measures including preemptive and forced evacuations, to ensure the
protection and preservation of life or property in anticipation of, during, and
in the aftermath of disaster.

f. With the concurrence of the DOF, the Department shall recommend to the

Monetary Board the deferment of payment for monetary debts of LGUs
and/or private entities that have been affected by disasters


ARTICLE IV
ORGANIZATION AND MANAGEMENT

Sec. 7. The Secretary, —The Department shall be headed by the Secretary of
Disaster Resilience, hereinafter referred to as the Secretary, who shall be appointed
by the President, subject to confirmation by the Commission on Appointments.

‘The Secretary shall preferably have a solid background in any of the scientific,
engineering, and public management fields relevant to resilience to natural hazards
and climate change; and demonstrated managerial acumen.

‘Sec. 8. Powers and Functions of the Secretary. ~ The Secretary shall exercise
the following powers and functions:

a. Establish and promulgate policies, rules, and regulations for the effective and
efficient operation of the Department and implement these to carry out its
mandate, functions, programs, and activities;

b. Exercise executive direction over the operations of the Department and
administrative supervisions over its attached agencies;

¢. Exercise contro! and supervision over all functions and activities of the
Department and its officers and personnel;

d. Appoint officers and employees of the Department, except those whose
appointments are vested in the President, in accordance with civil service law,
tules, and regulations;

. Exercise disciplinary authority over officers and employees of the Department
in accordance with law, and investigate such officers and employees, or
designate a committee or officer to conduct an Investigation;

f. Manage the financial, human, and other resources of the Department;

9. Collaborate with other government agencies, the private sector, and civil
society organizations on the policies, programs, projects, and activities of the
Department, as may be necessary;

h. 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;


i. Represent the Phillppines and articulate the national contribution to global,
regional, and other inter-governmental disaster risk reduction and
humanitarian platforms, in coordination with the Department of Foreign Affairs;
and

J. Perform such other functions as may be provided by law or assigned by the
President.

Sec. 9. The Undersecretaries. -The Secretary shall be assisted by at least four

(4) Undersecretaries, who shall be responsible for the following functional areas,
including the establishment of a robust and responsive ICT system to effectively
Support the mandate and operations of the Department:

@. Disaster Risk Reduction - the formulation, adoption, and implementation of
Policies and programs to reduce existing and future disaster risks to minimize
loss and damage to lives and Properties, inciuding the formulation of the
required policies and programs in the NDRF and relevant national investment
plans;

b, Disaster Preparedness and Response - the implementation of Projects and
Programs to prepare and respond to disasters, including the enhancement of
capabilities of local government units, the development of a database of
exposure or elements at risk per area and Gatabase of volunteers, the
establishment of safe and strategic evacuation centers, and the implementation
of responsive and efficient Prepositioning and distribution of goods;

¢. Recovery and Building Forward Better - the formulation and implementation of
rehabilitation pians for disaster-affected areas and ensuring the implementation
of disaster recovery and rehabilitation Measures, such as post-disaster shelters
and livelihood projects, in collaboration with ratevant government agencies,
local government units, and other Stakeholders; and

d. Support to Operations - the formulation and imptementation of Policies,
Programs, projects, and activities to ensure the efficient, effective, and
responsive performance of the Department's mandate, powers, and functions.
Support to operations includes knowledge management, institutional
development and Planning, finance, administration, and human resources
management.

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The Undersecretaries shal! have operational contro! and supervision over the
bureaus, divisions, offices, and units assigned to their respective functional areas,

Sec. 10. The Assistant Secretaries and Directors, ~The Department shalt have
such number of Assistant Secretaries and Directors as may be necessary for the
effective and efficient Implementation and performance of its Mandate, powers, and
functions.

Sec. 11. Qualifications. ~ All the Undersecretaries, Assistant Secretaries, and
other officials of the Department shall preferably be specialists and have a good track
record in any af the following flelds, as applicable to thetr mandated key result areas
‘and functions: disaster risk reduction and management, science and technology,
environmental sclence or management, urban planning, civil engineering, public
finance, information and communications technology, logistics management, mass
communication, among other fields directly relevant to ensuring the country’s
disaster resilience. The appointing authority and other responsible officials shail
ensure that the Department's human resources Possess the competencies, skills,
behavioral attributes, training and experlence necessary for them to become
effident, effective, and responsive in performing their functions and contribute to
the attainment of the overall goals and delivery of the intended outcomes of this Act.

Sec, 12. Structure and Staffing Pattern, ~The Department shall determine its
organizational structure and staffing pattern and create such services, divisions, and
units, as it may require or deem necessary, subject to the approval of the Department
of Budget and Management.

Sec, 13. Regional Disaster Resilience Offices. - ‘The Department shall
establish and maintain Regional Disaster Resilience Offices (RDROs) in each
administrative region, to be headed by a Regional Director. The Department shail
create policies and programs to establish collaboration and coordination among the
different RDROs,

Sec. 14, Powers end Functions of RDROs, — The RDROs shall have the
following powers and functions:

a. Review the LDRPs and Provincial DRPs of LGUs within its Jurisdiction, and
require the amendment of such LDRPs and/or Provincial DRPs if Necessary, to
ensure compliance with the NORF and relevant national investment Plans;

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. Monitor and direct LDROs and PDROs to implement their respective LDRPs and

PDRPs;

» Recommend te the appropriate local legislative body the enactment of

ordinances to implement the CORP, NDRF and relevant national Investment
plans at the city, municipal or provindal ievel, and to comply with other
Tequirements of this Act;

|. Review reports on the utilization of the LDRF and other disaster tisk and

management resources of LGUs within its jurisdiction, and give
recommendations, as necessary;

 Disburse to, and monitor the use by, LGUs of funds granted by the Department

Pursuant to this Act and its IRR;

. Provide, upon the request of LGUs or unilaterally at its own discretion,

assistance to LGU(s) within its Jurisdiction as necessary to ensure the
implementation of LDRPs/Provincial LDRPs, NDRF and relevant national
investment plans, and to render efficient and timely disaster preparedness,
response and recovery measures;

Identify and report to the Department issues and Problems relating to, or
affecting, the disaster resilience of LGUs within its jurisdiction, and make
recommendations to the Department and/or to the LGUs to address such issues
‘or problems;

. Formulate and establish mechanisms to ‘mobilize and direct LDROs and PDROs

within its jurisdiction as necessary for disaster preparedness and response at
the regional levet;

Establish and maintain, in coordination with the Department, a Regional
Command and Control Center (RCCC), which indudes, among others, an
Information management system at the regional level, which ‘consolidates and
integrates Information from the Provinces, cities and municipalities within its
Jurisdiction, a mutt-hazard early waming and communications system, and a
monitoring system that enables the RDRO to oversee, supervise, monitor and
respond to the needs of LGUs within Its jurisdiction in relation to disaster
resilience activities;


wan Aauwawna

J. Assist In the implementation, of rehabilitation pian(s) for LGUs within its
coverage: and

k. Conduct other activities and act en other matters, in accordance with Policies
and procedures of the Department and applicable laws, to achieve the purposes
of this Act.

‘Sec 15. Special Disaster Response Teams. -The RDROs May organize and/or
activate Special Disaster Response Teams (SORTs) to assist LGUs in responding to
hazards and disasters that are beyond their capacitles, as deemed necessary.

Sec. 16. Local Disaster Resilience Offices, - The Local Disaster Risk Reduction
Management Offices in provinces, cities, and municipalities are hereby renamed as
the Provincial, City, and Municipal Disaster Resilience Offices, respectively, and shall
collectively be called the Local Disaster Resilience Offices {LDROs). Provincial, city,
and municipal governments shal} establish their respective LDROs.

The Barangay Disaster Risk Reduction and Management Committees are
hereby renamed as the Barangay Disaster Resilience Committees (BDRC).

All Local Disaster Risk Reduction Management Councils are hereby abolished,

‘The LDROs shall be under the control and ‘supervision of the provincial governor
or the city or municipal mayor, as the case may be. The budgetary requirements for
personal services, maintenance and other Operating expenditures, and capltal outlay
Of the LDROs shail be sourced from the General Fund of the tocal government units
concerned: Provided, That, the personal services limitations under Section 325(a) of
Republic Act No. 7160, otherwise known as the Local Goverment Code of 1991, shall
Not apply in relation to the creation and appointment of at least five (5) positions in
the LDROs. Other maintenance and Operating expenditures and the capital outlay
requirements of LDROs in the implementation of disaster risk reduction management
and climate change adaptation programs shall be charged to the Local Disaster
Resilience Fund of local government units.

Sec. 17. Local Disaster Resilience Officer. - The LDRO shall be headed by a
full- time Local Disaster Resilience Officer, who shall have a regular plantille position
and shall be appointed by the local chief executive: Provided, That the qualifications
standards pertaining to expertence and training set by the Civil Service Commission


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for the position may be waived by the Department in exceptional cases upon the
request of the local chief executive.

Sec. 18. Powers and Functions. Of City and Municipal Disaster Resilience Offices,

— The City and Municipal Disaster Resilience Offices shall have the following powers
and functions:

a

Formulate and implement, in coordination with the Department, a
comprehensive and integrated Locat Disaster Resilience Ptan In accordance with
the NDRF and the relevant national investment plans;

. Design, program, coordinate, and Implement disaster resiilence activities

consistent with the standards and guidelines Provided by the Department, and
implement the NDRF and the relevant national Investment plans at the city or
municipal level;

+ Prepare and submit to the Sangguniang Panglungsod or Bavan, as the case

may be, the LDRP, the proposed programming of the LDR Fund, other
dedicated disaster resilience resources, and other funds of the LDRO;

. Recommend to the Sangguniang Panglungsod or Bavan, as the case may be,

the enactment of ordinances to Implement the UDRP, NDRF, relevant national
investment plans, and the provisions of this Act;

. Prepare and submit to the Department a report on the utilization of its Local

Disaster Resilience Fund and other disaster risk reduction and management
resources;

, Establish and maintain, in coordination with the Department, an information

management system within the LGU, which, among others, consolidates and
includes local risk information (such as natural hazards, profite of the Lou's
Vulnerable or marginalized groups), local risk maps, and a disaggregated
database of human resource, equipment, Services, resources, directorles and
location of critical infrastructures with their capacities (such as hospitals and
evacuation centers);

. Operate and maintain, in coordination with the Department, a mutti-hazard

early warning and communications system to provide accurate and timely
information to the public;

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» Organize and conduct tralning and knowledge management activities on

disaster resillence at the local level, in coordination with the Disaster Research,
Education, and Training Institute;

Recommend to the local chief executive the procurement of emergency works,
goods, and services In compliance with the regulations, orders, and policies of
DBM and Government Procurement Policy Board (GPPB), to implement the
LDRP or support early recovery and post-dlsaster activities;

Recommend, in'coordination with the DOF and other relevant agencies, to the
local chief executive, access to foreign loans to finance Projects, programs, and
policies for disaster Preparedness, response, recovery, and rehabilitation,
Subject to terms and conditions agreed upon by the local government unit and
the lender;

Monitor and mobilize instrumentalities and entities of the LGU and its partner

LGUs, CSOs, private sector, organized volunteers, and sectoral organizations
for disaster resilience activities, in accordance with Ballcies and procedures of
the Department and applicable laws;

Coordinate and provide the necessary Support or assistance to the Department
in the implementation of rehabilitation plan(s) within the city or municipality
covered by the LDRO;

Coordinate with the Department, other government agencies, members of the
private sector and other stakeholders in the LGU to establish @ Business
Continuity Plan as part of their LORP's disaster preparedness measures;

. Establish linkage/network and coordination mechanisms with other LGUs and

the Department for disaster resilience activities and to achieve the purposes of
this Act; and

. Conduct other activities and act on other matters, in accordance with policies

and procedures of the Department and applicable laws, to achieve the purposes
of this Act,

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Sec. 19. Powers and Functions of the Provincial Disaster Resilience Offices. —

The Provincial Disaster Resilience Offices shall have the foliowing powers and
functions:

&. Formulate and implement, in clase coordination with the Department and the
'ocal goverment units under the jurisdiction of the provincial government, a
comprehensive and integrated Provincial Disaster Resifience Plan in accordance
with the NORE;

b. Review the LORPS of cities and/or municipalities within its Jurisdiction, and
Tequire the amendment of such LDRPs if necessary, to ensure compilance with
the Provincial DRP and the NDRF;

© Design, program, coordinate, or Impiement disaster resilience activities
Consistent with the standards and guidelines provided by the Department, and
implement the NDRF and the relevant national investment pians at the
Provincial fevel;

. Prepare and submit to the Sangguniang Panlalawigan, the Provincial DRP, the
Proposed programming of the province's Local Disaster Resillence Fund, other
dedicated disaster resilience resources, and other funding sources of the PDRO;

e. Recommend to the ‘Sangguniang Panlalawigan the enactment of tocal
ordinances to implement the Provincial LDRP, NDRF and relevant national
investment plans at the provincial Jevel, and to comply with other requirements.
of this Act:

f, Prepare and submit to the Department, a report on the utilzation of the
Province’s Local Disaster Resillence Fund and other disaster risk reduction and
Management resources;

9. Establish and maintain, in coordination with the Department, a Provincial
Command and Control Center (PCCC), which includes, among others, an
Information management system ‘at the provincial level, which consolidates and
integrates information from the cities and/or municipalities within its
jurisdiction, a multi-hazard early warning and communications system that is
Connected with the cities and/or municipalities within its jurisdiction, and a
monitoring system that enables the PDRO to oversee, supervise, monitor and

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respond to the needs of cities and/or municipalities within its jurisdiction in
velation to disaster resilience activities;

h, Recommend to the Provincial Governor the Procurement of emergency works,
‘goods, and services in compliance with the regulations, orders, and policies of
DBM and GPPB, to implement the provincial LDRP or support early recovery
and post-disaster activities of the PDRO;

i, Recommend, in coordination with the DOF, to the Provincial Governor to access
foreign loans to finance its policies, programs, projects, and activities for
disaster preparedness, response, recovery, and rehabilitation, subject to terms
and conditions agreed upon by the Provincial Goverment and the lender;

4. Formulate and establish mechanisms to mobilize and direct LDROs within its
Jurisdiction as necessary for disaster Preparedness and response at the
provincial level;

k. Coordinate and provide the necessary support or assistance to the Department
tn the implementation of rehabititation Plan(s) within the cites and/or
municipalities covered by the PDRO; and

|. Conduct other activities and/or act on other matters, in accordance with policies
and procedures of the Department and applicable laws, to achieve the Purposes
of this Act.

Sec, 20. Service continuity of the Department, —To ensure service continuity,
the Department and its regional and attached offices shall be established in a
reasonably resillent location; and/or undertake the Necessary interventions to make
its offices and systems disaster- resilient.

ARTICLE V
WHOLE OF GOVERNMENT AND WHOLE OF NATION APPROACH

Sec. 21, Synergy with Stakeholders. ~The Department shall ensure seamless
‘Synergy and coordination with stakeholders, including national government agencies,
local government units, government-owned or -controlied corporations (GOCCs),
CSOs, the academe, and the private Sector, In relation to disaster resilience programs

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and projects and the development and promotion of research, education, and training
mechanisms, The Department shall establish a Platform, paredigm, and mechanisms
for convergence and coordination with stakeholders, Induding the development of
Standards, protocols, and procedures for seamless collaboration for disaster restience.

Sec. 22, Establishment of Multi-Stakeholders convergence Unit. — The
Department, with the assistance of other relevant govemment agencies and
stakeholders, shall establish a Multi-Stakeholders Convergence Unit (MSCU), which
shail closely engage the private sector, CSOs, academe, and other non-government.
stakeholders and strengthen Public-private collaboration towards disaster resilience by
way of the following interventions, among others:

a. Implementation of business continuity practices to ensure the continued
delivery of products and services, in the event of disasters;

b. Crafting and implementation of a National Continuity Policy to ensure
government service continuity during and after emergencies and disasters, and
ensure the quick retum of government to full operations;

¢. Establishment, incorporation, and application of business continuity plans as
Part of the LORPs of LGUs;

¢. Facilitation or assistance in obtaining and/or Processing Incentives for the
Private sector and other non-government stakeholders, such as but not limited
to tax credits;

e. Preparation and facilitation of the issuance of. special rules for Micra, Small, and
Medlum Enterprises (MSMEs) such as, but not limited to, mechanisms involving
Procurement and liquidity to create enabling environments for disaster
Preparedness, recovery and building forward better; and

f. Formulation of investment Programs for disaster affected areas in partnership
with the private business sector and civil society organizations.

‘The MSCU shail establish a platform that includes, among others, a database
for monitoring and coordinating efforts and resources Of stakeholders,

Sec. 23. Roles and Responsibilities of Stakeholders. - The commitment,
goodwill, knowledge, experience and resources of relevant stakeholders are critical to
reallze a safer, adaptive, resilient and inclusive Filipino community. Citizens have the
shared vision and duty to provide support to the State in the implementation of policies

32


1 _ and programs, particularly the Disaster Resilience Framework and Disaster Resilience
Plan at the national, regional and focal levels,

2
3
4
5
6
7
8
9

10
nN
12

a

iil society, non-governmental organizations, international non-governmental
organizations, private sector, practitioners, and volunteers shall Participate, in
collaboration with public institutions, in the exchange of information, learnings,
and guidance on disaster resilience. The Department shall encourage and
institutionalize thelr engagement In the implementation of local, regional,
national, and global plans and ‘Strategies: enhance public awareness and
promote a culture of disaster resifience;

. The women, children, and youth, as agents of change, shail endeavor to

contribute actively and Participate in disaster resilience trainings and
information dissemination;

+ Senior citizens, and persons with disabilities shall contribute their knowledge

and experience on disaster Preparedness and resitiency;

l. Indigenous peoples and Muslim Filipinos shal! share their traditional knowledge

and practical experience on disaster resiliency;

. Urban and rural poor, and ‘migrants shall participate in building resilient

resettlement communities;

+ Emergency responders and volunteer organizations shall contribute to

resilience by promptty and efficiently responding to disasters and emergencies
consistent with the policies of the Research, Education and Training Institute
of the Department;

. Academia, scientific and research entities, and networks are encouraged to

undertake relevant research on disaster resiliency in partnership with the
Department and other stakeholders for better decision-making;

. The private sector is encouraged to integrate disaster resiliency projects and

Programs In their corporate soctat responsibility initiatives; and

‘The media shalt provide Prompt and accurate information to the public on early
warning systems, natural hazards, and disaster resilience activities of the
Department.


27

28
29
30
Ezy

Sec. 24, Disaster Resilience Assembly. -The Department, with the assistance
of RDROs, shall establish and convene a Disaster Resilience Assembly (DRA), at the
Tegionat and nationat level, which will be held en a semestral basis, or as frequently
@s necessary to ensure the proactive engagement of the refevant govemment and
non-government stakeholders, such as the Union of Local Authorities of the Philippines
(ULAP), League of Municipalities of the Phifippines (LMP), CSOs, academe, DRRM
Practitioners, the private sector, and the national government agencies, among
others, to ensure effective collaboration towards achieving the goals of this Act.

The LGUs may convene jocal DRAs within their jurisdictions, as necessary for
the attainment of disaster resillence at the local level.

Sec. 25. Inter-operabllity of Systems. — The Department shall establish
mechanisms to ensure the inter-operability of systems among government agencies,
and to allow access of agencies to the IDRIS (integrated Disaster Resillence
Information System). It shall develop protocols to allow reai-time access to
Information by government agencies in relation to natural disasters and the
implementation of disaster resilience measures.

Sec, 26. National organization of all. Local Disaster Resilience Officers. — There
Shall be a national organization of all locai disaster resillence officers for the primary
Purpose of:

@. Developing capacity, and exchanging knowledge, experiences, and best

Practices concerning locat government disaster resilience;

b. Fostering interoperability of the local disaster resilience offices’ systems;

Facilitating inter-LGU Cooperation and collaboration;

©. Providing inputs and feedback to the Department on resilience concems at the
local level; and
@. Enhancing synergy in other areas of common concern.

ARTICLE VI
MAINSTREAMING, INTEGRATION AND CONVERGENCE
OF DISASTER RISK REDUCTION

34


wm YAU A Nm

a5

Sec. 27. integration of DRR and Climate Change Adaptation in the National
Disaster Resilience Framework and Disaster Resilience Plan. - The existing NDRRM
Framework and Plan, and the National Climate Change Strategic Framework and Plan
shall be Integrated and harmonized into the NDRF and the NDRPIP. The NDRF and
NDRPIP shall be reviewed and updated every three (3) years,

Sec. 28. Ecosystem-Based Approach to Prevention and Mitigation,
Rehabilitation and Recovery trom Disasters, - The Department shall ensure the
application of ecosystems-based approaches in disaster tisk reduction, particularly
thraugh ecosystem management and restoration as defined in this Act, and ensuring
that environmental and natural resource policies are tisk-informed.

ARTICLE VIT
NATIONAL DISASTER OPERATIONS CENTER, ALTERNATIVE COMMAND
CENTER, AND RESEARCH AND TRAINING INSTITUTE

Sec. 29. National Disaster Operations center, The Department shall establish,
within one (1) year from the ‘approval of this Act, and act as the primary operator of,
the National Disaster Operations Center {NDOC), Alternative Command and Control
Centers (ACCCs), and a Disaster Resilience Research and Training Institute (DRRTI),

‘The NDOC is a physical center equipped with the necessary tools and systems
to monitor, manage, and respond to disasters in all areas of the country. The NDOC
shal! also provide the necessary support for the overall coordination and
implementation of emergency and disaster response measures throughout the
country.

The ACCCs are command centers established in other locations as alternative
or to provide supplemental support to the NDOC, The Number and location of ACCCs
shall be determined by the Department as may be hecessary in each of the country's
‘major Island groups. Temporary ACCC may likewise be established by the Department,
If necessary.

Sec, 30. DRRTT functions and inter-agency knowledge sharing. - The DRRTI
shall be a platform for providing training, and for collecting, consolidating, managing,
analyzing, and/or sharing knowledge and information to improve and/or enhance

35


1
2
3
4
5
6
7
8
9

24

27
28

30
al
32

disaster resillence. The DRRTI shail:

a

d.

ay

Establish reliable and up-to-date IDRIS through close and seamless
collaboration with the Department of Science and Technology (DOST),
Department of Information and Communications Technology (DICT), and other
appropriate agencies;

Conduct disaster-related research Programs, seminars, and trainings for alt
types of stakeholders;

Consolidate, organize and/or prepare training materials and publications;
Conduct other activities consistent with Promoting the formation and
dissemination of knowledge and information relating to disaster resilience and
disaster management;

* Establish a database that includes relevant information from other government

agencies and third parties for the department to better Prepare and respond to
natural hazards including, but not jimited to, an inventory of hazardous
materials per area; and

Consult and coordinate with, and consolidate information/data from, relevant
government agencies, such as, but not limited to, DOST, LGUs and relevant
CSOs to enhance the IDRIS and to Promote knowledge sharing among all
stakeholders.

Sec. 31. Compliance and Accreditation of DORRTI with International Standards,

~ The Department shall strive to obtain certification from, and accreditation by,
International accreditation bodies of the DRRTI to ensure DRRTI's compliance with
international standards. The Department shalt likewlse ensure collaboration with key
countries and International organizations to incorporate best practices on disaster
resilience In the Department's policies and Programs.

ARTICLE VEIL
INTEGRATION, MAINSTREAMING
DISASTER RESILIENCE INFORMATION,
EDUCATION AND COMMUNICATION CONVERGENCE

Sec. 32. Integrated Disaster Resilience Information System. -The Department

36


Cm Yah ke ee

ns

shall establish a Nationa! and Regional Information Management System for Disaster
Resilience, which shall be a database of ail relevant disaster risk reduction and climate
change data, including a geographic information system on geo-hazard assessments
and climate risk. It shall be the repository of current and muiti- temporal information
for wide-scale disaster risk analysis. The IDRIS shalt be accessible at ail times to the
Fesponsible officials and entities to enable the timely, reliable, and accurate collection,
Processing, analysis, and dissemination of information to support overall decision-
making and effective coordination at both the national and sub-national level. The
protocols and procedures for this shail be defined in the IRR of this Act.

Sec. 33. Disaster Resilience Education and Training. — To instill a cutture of
safety and security including emergency preparedness and disaster resiliency, the
Department, in partnership with the Public and private sectors shall encourage the
inclusion of appropriate information on disaster resilience in their various training
Programs and immersion activities. The ‘Information Education and Communication
materiais on disaster resilience shall be informative and holistic, gender, culture and
disabillty sensitive using varlous available platforms.

ARTICLE EX
DISASTER RISK TRANSFER,
INSURANCE AND INCENTIVES

Sec. 34. Disaster Risk Transfer Insurance and Social Welfare. —

a. The Department shalt oversee all disaster Fisk-sharing and risk-transfer
instruments and other related initiatives te ensure the protection of, Property
and livelihood, both pubic and private.

b. The Department, in collaboration with the DOF, BSP, LBP, GSIS, and the
Insurance Commission, shail create, establish, and implement, among
others, disaster insurance Pools, revolving funds, insurance and risk-
transfer schemes and/or facilities, and other financiat disaster resifience
measures to ensure the protection of public and/or private properties and
'vellhood against the adverse effects of natural disasters. For this purpose,

7


CSmuanuraune

2
23
24
25
26
27
28
29
30

the Department and/or DOF may engage or require the participation of
government banks, insurance agencies and financial institutions.

¢. To attain disaster resilience and to achlave the purposes of this Act, the
Department shall have the discretion and authority to require government
agencies and GOCCs to insure their assets and/or properties such as, among
others, vessels, vehicles, equipment, machineries, permanent buildings,
properties stored therein, or properties in transit, agalnst insurable risks and
pay the premiums therefor, to compensate the Government and/or GOCC,
as applicable, for any damage to, or loss of properties due to a natural
disaster,

d. The Department shall endeavor the local government units to insure primary
assets for unforeseen or contingent potential losses, damages and
disruption from natural hazards chargeable against their respective Local
Disaster Resilience Fund (LDRF).

Sec. 35. Reaognition and Incentives. —The Department, in partnership with the
private sector, shall establish an incentives program that recognizes outstanding
performance of LDRO, NGOs, CSOs, schools, hospitals, and other stakeholders in
Promoting and implementing significant disaster risk reduction management-climate
change adaptation programs and innovations, and meritorious acts of individuals,
groups or Institutions during natural.

ARTICLE X
PREPAREDNESS AND INTEGRATED EARLY WARNING

Sec. 36, Standards for Disaster Preparedness Activities. ~

a. The Department shall establish standards and protocols for disaster
preparedness, contingency planning, localizing and operationalizing disaster
tisk reduction and management, preparedness for disaster response,
preparedness for early recovery, continuity of essential services, and other
relevant preparedness activities.

38


b. The LGUs shall identify safe and 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 Rellef Protection Act", to
avoid disruption of school classes and lessen the use of schoot buildings and
facilities as evacuation centers.

The LGUs shali immediately compensate said schools used as evacuation
centers. The schools may seek compensation for renovation, replacement, or repairs
of damaged facilities for such use,

Sec. 37. Multi-Hazard Early Warming and Risk communication Standards. ~

a. There shall be a streamlined policy goveming early warning systems and risk
communication protocols to ensure effective and efficient measures to prepare
for, respond to and recover from potential risks and disasters,

b, The Department shall formulate and implement multi-hazard early warning
protocols integrating all disaster preparedness systems in collaboration with
local executives, community-based organizations, civil society organizations,
and other non-governmental organizations for proper use and application.

Sec. 38. Early Warning Mandate. -

a, The Department shalt {ssue an integrated early warning alert for the impending
occurrence of hazards that will enable the public to prepare timely and act
appropriately to minimize potential harm ar loss.

b. The Department shall require mobile phone service providers to send out alerts
at regular intervais in the event of an impending natural hazard, in accordance
with Republic Act No.10639, otherwise known as the “Free Mobile Disaster
Alerts Act”.

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

39


Cen ane ow a

2s

d. Any 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 Fecognized or approved by the Department.

@. The Department at the national and Jocal level shall use an Integrated early
warning system to ensure it is consistent and locally contextualized with the
communication protocol and safe evacuation Procedure of the affected
communities,

f. The Department shall work with other agencies or organizations on pre-crisis
information mapping of the humanitarian needs of at-risk ‘Communities that will
enhance the overail repositioning of resources at the national and local level,

9. The Department shall recognize and proactively Support local or indigenous
odes of early warning systems and allow Open access to near real-time data
from both local and international sources made available through various
platforms such as websites, mobile apps, and soclal media to empower local
communities and individuats,

ARTICLE XI.
DISASTER RESPONSE AND EARLY RECOVERY

Sec. 39. 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 Department,

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

40


au ewe

Sec. 40. Levels of Responsibility for Disaster Preparedness and Response, ~
‘The primary responsibilty for disaster preparedness and response shall be exercised
at the focal or national level, as applicable, in close and seamless collaboration with
the relevant national goverment instrumentalities, non-government stakeholders,
and intemational pastners. The four levels of responsibility and the conditions that

warrant each are as follows:

LEVELS OF
RESPONSIBILITY

RESPONSIBLE
OFFICIALS

CONDITIONS

Level 1: City or
Municipality

Lead Official:
Mayor of the affected city
Or municipatity

Support:
City or Municipal Disaster
Resilience Officer

If a disaster affects a
single city or municipality

Level 2: Province

Lead Official:
Provincial Governor of the
affected province

Support:
Provinciat
Resilience Officer

Municipal and/or City
Disaster Resiilence
Officers concemed

Disaster

If a disaster affects two or
more municipalities and/or
cities within a province

Level 3: Region

Lead Official:
Regional Director, DDR

Support:
Governors of affected
provinces

Concerned
Disaster
Officers

Provincial
Resilience

Level 4: National

Lead Official:
Secretary of
Resillence (SDR)

Disaster

Support:
‘Governors concemed

a. Ifa disaster affects
at least two (2)
regions;

b. When the LGU Is
unable to
effectively cope

Al


with the risk and/or

Disaster Resilience impact of a hazard;

Officers concerned or

¢. When the President
directs a Level 4
response or
declares a state of
calamity.

leading the disaster Preparedness and fesponse efforts, in collaboration with the
affected LGUs, the MMDA, and the concerned government instrumentalities and non-
government stakeholders,

Sec, 42. Inter-Locat Government Assistance, ~LGUs are hereby authorized to
extend the necessary aésistance to another LGU, whether through furrding or donation
Of goods and/or Services, and Conducting disaster Preparedness and response
Operations, to help save lives and minimize damage to property. These include the
bre-positioning and provision Of basic goods, training of first responders, among
others, subject to the accounting and auditing rules to be defined in the IRR Of this
Act.

Sec. 43, Accreditation, Mobilization, and. Protection of Disaster Volunteers and
National Service Reserve Coms, CSOs and the Private Sector, — The govemment
agencies, CSOs, private sector and LGUs may mobilize individuals or organized
volunteers to augment their respective Personne! complement and logisticat
requirements in the delivery of disaster risk reduction programs and activities, The
agencies, CSOs, private sector, and LGUs concerned shall take full responsibility for
the enhancement, welfare and Protection of volunteers, and shall submit the list of
volunteers to the Department, through the LDROs, for accreditation and Inclusion in
the database of community disaster volunteers,

A national roster of Accredited Disaster Resilience Volunteers and Institutions,
National Service Reserve Corps, CSOs and the private sector shall be maintained by

42


The mobilization of volunteers shall be in accordance with this Act and
implementing guidelines to be formulated by the Department. Any volunteer who incurs
death or injury while engaged in any of the activities defined under this Act shail be
entitled to compensatory benefits and individual personnel accident insurance as may
be defined in the IRR.

Sec. 44. Reporting of Humanitarian Assistance. ~ The concemed local
govemment unit shall submit a report to the Department, taking into account all domestic.
or intemational humanitarian assistance received and distributed within its area of
responsibility.

ARTICLE Xi
DISASTER RISK IN THE
OUTBREAKS (VIRAL&BACTERIAL)

Sec, 45, Disaster Risk on the Outbreaks of viral and bacterial. -

a. The Department in coordination with the Department of Heaith (DOH) shall
formulate and design a communication plan to address the Poor heaith seeking
behavior of the community and their unhealthy food and water practices including
personal hygiene.

b. The Department shail formulate policies, guidelines and standards in
promoting increased access to safe water and sanitation services.

c. The Department shall develop and promote guidelines on healthy wash,
sanitation and hygiene practices among food handlers, and other concerned
institutions.

d. The Department shall alert the DOH agencies in cases of unusual increase
in the number of reported organisms known to cause borne diseases in humans.

ARTICLE XHI.
DISASTER RISK iN THE PEST CONTROL,
COCOLISAP

Sec. 46. Disaster Risk in the Pest Control such as Cocolisap -

a. The Department in coordination with Department of Agriculture shal} give
assurance to provide assistance to the affected farmers, and shall formulate a program
that will help coconut farmers improve their productivity, ensure sustained production,
and enhance their resiliency to ecological factors.

b. The Department shouid include the active use of technology to monitor pest
infestation, application of organic and safe chemical inputs, and introduction of Proven
farming techniques beneficial to both crops and farmers.


¢. The Department should be proactive in supporting various product
deveiopment efforts to process their harvests. Ensures coconut farmers have a stable
market for their products to lift them out of poverty.

d. The Department shall build the needed infrastructure for processing coconut
products. The infrastructure should be accessible to farmers.

ARTICLE XIV.
PARAMETERS OF THE AFFECTED AREA
Sec. 47. Parameters of the affected area —

@, Philippines multinazard resilience — A tool to measure the socio-economic
resilience of the Philippines and the impact of policies at the regional and provincial
levei.

b. Model outputs ~ The resilience indicator mulli-hazard model provides an
indicator of socio-economic resilience to natural disasters, including wind, storm surge,
Precipitation (riverine) flood, and earthquakes in the Philippines. The model is a
Product of the National Economic and Development Authority of the Government of
the Philippines, with the support of the World Bank.

©. Risk to assets — Composite, province-level estimate of the hazard, exposure,
and vuinerability of incomes in the each province to natural disasters.

d. Socio-economic resilience - Socio-economic resilience measures the
Capacity of populations to sustain asset losses due to natural disasters without impact
on well-being. It is the ratio of well-being losses to asset losses, both measured in
currency.

e. Risk to welfare — Small asset losses can mean much more to poor Filipinos
than to wealthier ones. Risk to well-being is a measure of the marginal utility of the
consumption foregone annuaily in each province due to natural disasters.

The model allows users to quantify the effects in each province of shifting the
following parameters:

1. Hazard {return period): infrastructure in the province is immune to damage
from all hazards more frequent than (below) this vaiue


2. Time to reconstruct: time required to recover fully from losses.

3. Exposure, poor people: the number of poor people in the area affected bya
hazard,

4. Exposure, non-poor people: the number of non-poor people in the area
affected by a hazard.

5. Avoided losses with early warming: the fraction of losses that would be
avoided if ali people had advance notice of a disaster.

8. Poverty headcount: poverty incidence.

7. Social protection, poor people: fractional enrollment of poor in social
protection programs

8. Social protection, non-poor people: fractional enrollment of non-poor in social
protection programs.

9, Asset vulnerability (poor people): fraction of assets lost by poor people when
they are affected by a disaster.

10. Asset vulnerability (non-poor people): fraction of assets lost by non-poor
peopie when they are affected by a disaster.

ARTICLE XV.
HUMANITARIAN ASSISTANCE

Sec. 48. Management of Humanitarian Assistance. ~

a. The Department shall have the power to receive and manage humanitarian assistance
from any person or entity, whether from local or international sources.

b, The importation by, and humanitarian assistance to, the Department of, among others,
food, clothing, medical assistance, equipment, and materials for relief, recovery and
other disaster management activities are hereby authorized in accordance with Section
105 of the Tariff and Customs Code of the Philippines, as amended, and the prevailing
provisions of the General Appropriations Act covering national intemal revenue taxes
and import duties of national and focal government agencies.

Sec. 49. international Humenitarian Assistance. — The Department shall
Promulgate guidelines on international humanitarian assistance, including the initiation,
entry, facilitation, transit, regulation and termination thereof, as weil as those involving
intemational disaster relief and personnel assisting international actors, visa waiver,
recognition of foreign professional qualifications, entry of intemational disaster goods
and equipment, and exemption from port duties, taxes, and restrictions.

‘Sec. 50. Assessment of the Need for intemational Humanitarian Assistance. —


a. Immediately after the declaration of a state of calamity by the local sanggunian
of the relevant local government unit or by the Department, as the case may be, the
Department shall determine whether domestic Capacities are likely to be sufficient to
attend to the needs of affected persons for intemational humanitarian assistance. This
determination may also be made, at the discretion of the President, prior to the onset of
an imminent disaster.

b. In the event of a determination by the Department that domestic response
Capacities are not likely to be sufficient due to the impact of the disaster, the Depariment
shail recommend to the President that a request be made for intemationa! humanitarian
assistance.

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

Sec. 51. Humanitarian Assistance Action Center. ~ The Department shall create
an inter-agency one-stop shop mechanism called the Humanitarian Assistance Action
‘Center (HAAC) for the processing and release of entry and facilitation of goods, articles
or equipment and services and international relief workers for the provision of
international humanitarian assistance and the Processing of necessary documents for
assisting international actors.

The Department shall lead and manage the HAAC, which shall be composed of
the following

a. Bureau of Customs;

b. Department of Foreign Affairs;

¢. Department of Social Welfare and Development:
d. Department of Health;

@. Food and Drug Administration;

f. Department of Agriculture;

g. Department of Energy:

h. Department of National Defense;
i. Philippine National Police;

j. Philippine Coast Guard; and

k. Bureau of Immigration.

‘Sec. 52. Request for intemational Humanitarian Assistance. —

a. In cognizance of the urgency, critically and intensity of an imminent risk, the
Department shall issue a flash appeal to the family of nations, under regional and
multilateral conventions, for assistance in preparedness, including preemptive
measures, search, rescue, and retrieval, relief, recovery, and reconstruction.

b. The President may request intemational humanitarian assistance, upon the
advice of the Secretary. Such request may be specifically directed to particular assisting
intemational actors or may be a general request directed to the international community.

Sec. 53. Regulation of Humanitarian Assistance. -


a. The Department shall ensure the efficient and effective monitoring of
humanitarian assistance from domestic or international donors, establish and operate a
platform, including an online platform, to facilitate, and provide public access to
information on donations.

b. The Department shall include in the IRR of this Act guidelines and
accountabilities on the receipt, management, distribution, accounting, and reporting of
all humanitarian assistance, whether in cash or in kind, consistent with the rules on the
use of foreign and local aid during calamities and disasters issued by the COA and other
relevant government agencies.

ARTICLE XXt.
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO FOREIGN
STATES

Sec. 54. Offer and Facilitation of Intemational Humanitarian Assistance to Foreign
States. — In the event of a disaster occurring in a foreign state for which intemational
humanitarian assistance is required, the Department, in coordination with the DFA, may
offer, facilitate, provide, and deploy international humanitarian assistance to said foreign
state, which shall be subject to guidelines to be promulgated by the Department for the
purpose.

Sec. 55. Accreditation. - The Department, in coordination with relevant
government agencies and organizations, shail provide and facilitate the necessary
training and accreditation to the respective government personnel to be deployed for
‘such offer, facilitation and provision of intemationa! humanitarian assistance to a foreign
state.

ARTICLE XVII.
RECOVERY

Sec. 56. Standards for Recovery. — The Department shall observe internationally
accepted standards for recovery, pianning, programming and implementation of the
recovery process. Towards this end, the Department shall:

a. Improve the community's physical, social and economic resilience, consistent
with the principle of “building forward better’:

b. Use locally-driven, centrally-supported processes based on legal mandates
with supplementary capacity support when requested;

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

~ d, Employ outcome-driven planning and implementation;

e. Maximize use of Private-Public sector partnership where possible;

f. Consider local conditions such as culture, security situation and existing
Capacities of communities in identifying programs and projects;

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

h, Ensure restoration of peace and order and recovery of government functions.


ARTICLE XVIII.
REMEDIAL MEASURES UNDER STATE OF CALAMITY

Sec. 57. Declaration of State of Calamity. ~ A state of calamity may be declared
when any of the following requisites are represent:

a. a natural hazard, including climate change, poses imminent threat to human
life and/or danger to property; or
b. A significant impact is caused by a natural hazard or climate change, which demands
immediate action.

The following shall exercise this power, respectively:

a. The President, upon recommendation of the SDR, whether in whole or part of
an area;

b. The SDR, upon recommendation of the concemed local disaster resilience
Office, within its jurisdiction.

Sec, 58. 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 at the national and local jeveis:

a. Imposition of price ceiling on basic necessities and prime commodities by the
Price Coordinating Council (PCC), 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 Coordination Council of
overpricing or profiteering and hoarding of prime commodities, medicines and
petroleum products;

¢. Programming or reprogramming of funds for the repair of critical facilities or
Public infrastructures that are vital for the quick delivery of humanitarian
assistance, to reduce further threat to lives and arrest further deterioration of
properties and loss of livelihoods in the affected communities, following the “build
forward better’ principle;

d. Grant of no-interest loans by goverment financing or lending institutions to the
most vulnerable and marginalized groups or individuals;

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

£. Use of alternative modes of procurement under Article XIX of this Act, by the
Department, LGUs or the relevant goverment instrumentalities in relation to the
urgent procurement of emergency works, goods and services to effectively
respond to, quickly recover from disasters, and build forward better.

ARTICLE XIX.
PROCUREMENT

Sec. 59. Procurement. — In general, the Procurement rules provided under
Republic 31 32 Act No. 9184, otherwise known as the “Government Procurement Reform
Act’, shall apply. However, alternative modes of procurement as provided in this Act may
be resorted to by the Department, RDROs, or LGUs in any of the following emergency
situations:


a. There is imminent danger to fife or Property during a state of calamity, as
provided under this Act, and the procurement is necessary to avert or reduce such
danger to life or property; or

b. The procurement is necessary to restore vital public services, infrastructure
facilities and other public facilities; or

c. Time is of the essence in implementing @ project, program or activity to
effectively respond to a disaster and save lives or

d. There are other circumstances that require immediate procurement necessary
to prevent damage to or loss of life or property.

Sec. 60. Altemative Modes of Procurement. ~ During emergency situations as
Provided under this Act, the Department, RDROs or LGUs may resort to the following
moders of procurement:

a. Direct negotiation under Republic Act No. 9184, otherwise known as the

“Goverment Procurement Reform Act’, and its implementing rules and

regulations;

>. Simplified or pre-arranged contracts such as, among others, pre-signed

agreements, stand-by contracts, pre-arranged systems of procurement with a pre-

approved list of contractors for construction Projects, pre-negotiated contracts,
advanced procurements contracts, and framework contracts. The parameters,
fequirements and conditions for these types of contracts shall be defined in this

Act's IRR.

Sec. 61. Special Rules on Procurement for Reconstruction and Rehabilitation of
Affected Areas. -

@. The Department, with the assistance of, or in collaboration with, relevant
government agencies, shall create special rules on procurement for services, goods, and
materials to be used for reconstruction and rehabilitation efforts in case of a natural
disaster, including but not limited to, the construction of post-disaster shelters and
Provision of service contracts, to ensure the procurement of quaiity-oriented goods,
materials, and equipment and to guarantee effective, efficient, and speedy procurement
ta achieve the goals of this Act.

b. In case of procurement of services, goods, or materials for reconstruction and
rehabilitation efforts, whether from local or international sources, the Department and the
relevant government agencies shall provide less bureaucratic restri ions, more flexible
procurement policies, or exemption from, or reduction of, customs duties.

Sec. 62. Procurement from Qualified Suppliers or Contractors. — As an exception
to the provisions of Republic Act No. 9184, otherwise known as the “Government
Procurement Reform Act’, and tis implementing ruies and regulations, the Department
shall have the power to procure goods and services from either local or foreign suppliers
or contractors for purposes of implementing programs, Projects, and activities related to
disaster resilience and disaster management. The conditions, limitations, application
processes, eligibility requirements and assessment criteria for local and foreign suppliers
and contractors shail be provided in this Act's IRR.

Sec. 63. Pre-Arranged Contracts or Agreements with Private Sector Entities. — As
an exception to the provisions of Republic Act No. 9184, otherwise known as the
“Government Procurement Reform Act’, the Department shall have authority to enter into
Pre-arranged or contingency contracts or agreements with private sector entities for the


Purpose of providing responsive, effective, and efficient rescue, recovery, relief, and
rehabilitation efforts for, and to Continue the provision of basic Services to, disaster
victims or disaster affected areas, the DBM and GPPB shail issue appropriate
resolutions, orders, and policies to effectively implement the Provisions of this Act.

Sec. 65. Govemment Accounting and Auditing Policies. - The COA shall review,
align, and issue policies or rules to improve the efficiency and expediency of procurement
and audit processes for programs and Projects related to disaster resilience and
management.

ARTICLE xx.
SPECIAL RULES ON BORROWING AND TAXES

Sec. 66. Rules on Borrowing. - The LGUs shall access foreign financing, through
the DOF, Bangko Sentral ng Pilipinas (BSP), and other relevant agencies, as applicable,
to implement disaster prevention, mitigation, early recovery, and rehabilitation measures:
at the provincial, city, or municipal level.

Sec. 67. Special Rules on Tax and Duties. — To Facilitate Prompt, efficient and
effective response to, recovery from disasters, and building forward better in disaster-
affected areas, the following shall be granted special exemptions from existing taxation
laws, rules, and regulations:

a. Exemption from taxes and import duties for foreign disaster assistance or
international donations coursed through the Department;

©. Exemption from donor's tax and allowing the treatment of donations as a
deductible expense for local disaster assistance coursed through the Department,

¢. Exemption from the Value Added Tax (VAT) for goods or Services donated from
abroad as coursed through the Department;

@. Tax incentives to encourage members of the private sector to render aid or
Provide disaster assistance, and/or to invest in disaster resilience and climate change
adaptation and mitigation measures for their residences, communities and/or
businesses.

assessments; or take other necessary action at the focal level to provide tax relief to


Sec. 68. Customs Duties and Tariffs on Donations. - The BOC shall create rules
that would, among others, hasten the Processing and release of donated goods and
equipment to disaster victims and/or. affected areas,

Sec. 69. Economic Recovery and Development of Disaster-Prone Areas, — The
Department, in coordination with the Department of Trade and Industry (DTI) and other
relevant agencies, shail craft policies, and impiement the necessary programs and
projects to stimulate economic activities and encourage investments to assist disaster-
affected areas develop or recover faster, as applicable.

The Department, in collaboration with the relevant LGUs and other stakeholders,
shail likewise establish dual Purpose structures in disaster-affected areas, such as,
among others, community agricultural centers, classrooms, and water harvesting tanks
to develop and promote Investments in disaster-prone or affected areas,

ARTICLE XxXi.
PROHIBITED ACTS AND. PENALTIES

Sec. 70. Prohibited Acts. — Any public official, private Person, group or corporation
who commits any of the following prohibited acts shall be held liable and be subjected to
the criminal and administrative penalties as Provided for in Section 73 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 that leads to destruction, loss of lives, critical
damage of facilities and misuse of funds;
2. Failure to enforce laws, standards, or regulations such as the National
Building Code, Solid Waste Management Act, joss of lives, and/or critical
damage facilities;
3. Failure to create a functional LDR Office within six (6) months from the
approval of this Act;
4. Failure to appoint a permanent local disaster resilience officer within six
(6) months from approval this Act;
5. Failure to prepare and implement a Contingency and Adaptation Plan
for hazards frequently occurring within their jurisdictions;
6. Failure to forrnulate and implement the LDRP with the corresponding
budget allocation; and
7. Sexual exploitation and abuse and other forms of sexual misconduct on
the affected population or at-risk communities.

b. Prohibited Acts of Public Officials and Private Persons or institutions. —
1. Delay, without justifiable cause in the delivery, proper hanaling or

considerations, (ii) discrimination based on face, ethnicity, religion, or
gender; and (ii) other similar circumstances;


3. Preventing the entry and distribution of relief goods in disaster-stricken
areas including appropriate technology, tools, equipment, accessories,
disaster teams or experts;

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

5, Buying, for consumption or resale, from the recipient disaster affected
persons any relief goods, equipment or other aid commodities received by
them;

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

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

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

9. Accepting, possessing, using or disposing relief goods, equipment or
‘other aid commodities not intended for nor consigned to him or her;

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

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

ii, Repacking the goods, equipment or other aid commodities into
containers with different markings to make it appear that the goods came
from another agency, person, or persons; and

iii. Making false verbal claim that the goods, equipment or other and
commodity in its untampered original containers actually came from
another agency or persons or was released upon the instance of a
particular agency, person, or persons;

11. Substituting or replacing relief goods, equipment or other aid
commodities with the same items or inferior/cheaper quality;
12. lilegal solicitations by persons or organizations representing others as
defined in the standards and guidelines set by the Departmen;

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

14. Stealing, taking, or processing of any of the equipment, accessories
and other vital facility of items or any part thereof,

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

16. Tampering with or stealing hazard monitoring and disaster
Preparedness equipment and paraphernalia;

17. Attempting to commit any of the abovementioned prohibited acts; and
18. Benefiting from the proceeds or fruits of any of the abovementioned
prohibited acts knowing that the proceeds or fruits of any of the
abovementioned prohibited acts knowing that the proceeds or fruits are
derived from the commission of said prohibited acts.



Sec. 71. Penalties. — Any individual, corporation, partnership, association or other
juridical entity that commits any of the prohibited acts in the preceding section shall be
made fiable for the following:

a. The penalty of imprisonment of not less than twelve (12) years but not more
than fifteen (15) years or a fine of not less than One Million Pesos (Php 1,000,009.00)
but not more than Three Million Pesos (Php 3,000,000.00), or both imprisonment and
fine at the discretion of the court shall be imposed upon any person found guilty of
violating subsections (a)(1) to {b)(16) of the preceding section, as well as the confiscation
or forfeiture in favor of the gavernment of the objects and the instrumentalities used in
the commission of the prohibited acts;

b. The penalty of imprisonment of not less than six (6) years but not more than
sight (8) years or a fine of not less than Five Hundred Thousand Pesos (Php 500,000.00)
but not more than One Million Pesos (Php 1,000,000.00) 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;

¢. The penalty of 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 (Php 200,000.00)
but not more than Five Hundred Thousand Pesos (Php 500,000.00), or both
imprisonment and fine at the discretion of the court, shall be imposed upon any person
found guilty of unlawfully benefitting from the proceeds or fruits of any of the prohibited
in the preceding section, in violation of subsection (0)(18) thereof;

d. Aside from the penalty of fine or imprisonment or both, perpetual disqualification
form public office shall be imposed if the offender is a public officer, along with the
confiscation or forfeiture in favor of the govemment 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, he or she shall, in addition to the penalties prescribed in this act, be deported
without further proceedings after service of sentence;

f. Payment of the full cost of repair or replacement of the goverment risk
reduction and preparedness equipment, accessories and other vital facility items, or any
Part thereof; which is the object of the crime shall likewise be imposed upon any person
who shall commit any of the prohibited acts in the preceding Section: and

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

Sec. 72. Liability for Unlawful Performance of Duties and State Liability in case of
Defense Litigation. — In case a lawsuit is filed against any personnel of the Department
as a resuit of the performance of his or her duties, and such performance was found to
be lawful, or she shall be reimbursed by the Department for reasonable costs in litigation.
For this purpose, the Department is authorized to procure applicable liability insurance
for its officers and employees.


Sec. 73. Disciplinary Powers of the President. — The President, subject to the
recommendation of the Department Secretary and the Department of the Interior and
Local Government (DILG), shall have the power to impose administrative sanctions
against local chief executives and barangay officials for willful or negligent acts that relate
to the implementation of, or compliance with, this Act and its IRR or relating to their
financial functions, which adversely affect disaster resilience projects such as, but not
limited to, delayed issuance of permits or failure to implement iocal ordinances.

ARTICLE XxiIl.
DISASTER RESILIENCE FUND

Sec. 74. Appropriations and Management of Disaster Resilience Fund. — The
budget of the Department shal! be composed of the following, which shall be collectively
called the Disaster Resilience Fund:

a. Annual General Appropriations - shall provide the funding requirements for,
among others, research, operations, maintenance, plans, and programs of the
Department of Disaster Resilience, including, but not limited to, establishment of
evacuation centers, retrofitting of structures, establishment of emergency operating
centers, and implementation of other disaster risk reduction projects.

b. Disaster Contingency Fund — shalll be in a lump-sum form to provide funds in
case of imminent hazards or actual disasters for, among others, immediate response,
relief and quick recovery measures for disaster affected areas.

¢, Rehabilitation and Recovery Fund ~ shall provide the funding requirements for
rehabilitation and/or reconstruction projects of disaster affected areas such as public
classrooms, government buildings, public hospitais, permanent shetters and livelihood
programs.

The Disaster Resilience Fund shall be managed by the Department to finance its
operations, and disaster risk reduction, disaster preparedness, response, recovery,
rehabilitation and building forward better programs, projects and activities formulated at
the national level.

Sec. 75. Continuing Appropriations. — The utilized balances from the Disaster
Contingency Fund, and Rehabilitation and Recovery Fund shall be treated as Continuing
Appropriations, which may be used to finance the cost of projects, programs, and/or
activities even when such costs are incurred beyond the fiscal year of the GAA from
which such funds were appropriated.

Sec. 76. Fund Regulations. - The DBM and COA shall establish rules and
regulations that apply specifically to the Disaster Resilience Fund to ensure that funds
required to disaster response, recovery, and rehabilitation are available and/or released
efficiently and expeditiously through innovative budgeting and auditing mechanisms,
which may include, among others, providing for longer validity periods for funds and/or
exemption from cash-based budgeting rules; imposing auditing or reporting
requirements, which apply specifically to the utilization of the Disaster Resilience Fund.

Sec. 77. Loca! Disaster Resilience Fund and Local Disaster Contingency Fund. —
LGUs shall annually set aside not iess than then percent (10%) of their local budget, to
constitute a Local Disaster Resilience Fund (LDRF). The LGU shail use its LDRF to
maintain and operate its local disaster resilience office to maintain its officers, employees:


and staff, and to implement plans, programs an¢ activities under its LDRP. Thirty percent
(30%) of the LDRF shall be set aside as Local Disaster Contingency Fund (LDCF), which
shall be used for disaster response and quick recovery measures. Nothing contained in
this Act shall prevent LGUs from providing additional funding or allocating additional
resources for disaster resilience activities, plans and programs within their jurisdiction.

Sec. 78. Supplemental LDRF. - The Department may allocate and disburse funds
to supplement an LGUs LDRF based on the parameters and requirements indicated in
the IRR. [n determining such parameters and requirements, the IRRS shall aim to provide
supplemental funds to LGUs with low income and/or high exposure to natural hazards,
Supplemental LDRFs shall, as much as possible, fill gaps or shortages in LGU resources
to ensure that LGUs can implement disaster resilience measures such @s, among others,
implementing their LORP/Provincial LDRP, estabiishing their local disaster resilience
offices, obtaining and/or maintaining the necessary equipment and staff in their local
disaster resifience offices, and implementing the NDRF and at the local levels.

Sec. 79. People's Survival Fund. - The Department shall manage and administer
the People’s Survival Fund, created under Republic Act no. 10174, and facilitate its
utilization by LGUs, through RDROs, to implement climate change adaptation and
mitigation projects of LGUs and enhance the climate resilience of vulnerable
communities.

Sec. 80. Multi-Donor Trust Fund. - The Department shall create and manage,
together with Bureau of Treasury, a Multi-Donor Trust Fund for the processing, releasing
and accounting of money and other similar resources intended for disaster assistance.
The Department shail establish a system to ensure transparency in the management and
use of the Multi-Donor Trust Fund.

Sec. 81. Financial Administration. — The Department shall manage ail finds
appropriated to it by Congress and received from other sources. The Department shall
also manage all donations received by it, subject to the auditing powers of the COA. To
fund its operations, the Department shal! have the power to collect fees derived from the
DRRTI and other related activities.

ARTICLE Xxill.
SPECIAL COURTS AND INJUNCTIONS.

Sec. 82. Special Courts on Disaster Resilience Matters. - To ensure the prompt
and expeditious resolution of disputes relating to disaster response, recovery or
rehabilitation measures, the Supreme Court shall designate special courts to hear, try,
and decide cases arising from the following, among others:

a, Expropriation, eminent domain or right-of-way issues related to the
implementation of disaster resilience projects;

b. Failure to comply with standards for disaster risk reduction and continuity
Planning, including, but not limited to, infrastructure standards and designs;

¢. Commission of prohibited acts under Article XVIII of this Act; and

d. Disputes involving donations, relief goods, or contracts executed or
implemented pursuant to provisions of this Act.


Sec. 83. Dispute Resolution Mechanisms. - The Department shall establish a
Disaster Resolution Board, which shall resolve disputes involving administrative matters
related to:

a. Accreditation or denial of accreditation of disaster resilience training Institutions,
trainers, instructors, donors, volunteers, and Assisting Domestic or International Actors;

b, Decisions of the RPROs;

s. Contacts entered into by the Department or any of its agents pursuant to the
provisions of this Act; and

d. Other administrative matters or issues as may be determined by the
Department.

The composition, structure, and other organizational matters related to the DRB
shall be defined and provided in this Act's IRR.

Sec. 84. Imposition of Temporary Restraining Order. - No Court, except the
Supreme Court, shall have the power to issue an injunction or a temporary restraining
order against any action taken or projects implemented by the Department or its agents
pursuant to this Act.

ARTICLE XXIV.
FINAL PROVISIONS

Sec. 85. Transfer of Functions. - The following are hereby transferred to the
Department:

a. All the functions of the Climate Change Commission (CCC);

b, Natural disaster-related functions of the National Disaster Risk Reduction and
Management Council (NDRRMC) and the Office of Civil Defense (OCD); and

c. Natural disaster-response functions of the Department of Social Welfare and
Development (DSWD).

Accordingly, the CCC and NDRRMC are hereby abolished. The DILG, DND,
DSWD, and other relevant government instrumentalities, including the AFP, BFP, PNP,
PCG, and OCD, shall continue to perform their functions related to the management of
human-induced disasters, as provided by existing laws.

Sec. 86. Transfer of Resources. — The transfer of powers and functions listed
above shall include the corresponding funds and appropriations, plantilla positions, data,
records, equipment, facilities, properties and other sources of the concerned goverment
instrumentalities. The Department shall have the power to reorganize or reallocate these
resources and positions, as may be necessary to attain the goals and objectives of this.
Act.

Sec. 87. Program Management Office for the Earthquake Resiliency of the
Greater Metro Manila Area. — The Program Management Office for the Earthquake
Resiliency of the Greater Metro Manila Area (PMO-ERG), as created pursuant to and
mandated by the Executive Order no. 52, s. 2018, shall be attached to the Department
and be authorized to implement earthquake resiliency programs, projects, and activities,
as it may deem necessary to carry out its mandate and attain its overall goals. The Head
of the PMO-ERG shail report directly to the SDR.

Sec. 88. Post-Disaster Shelters. - The Department shall establish a post-disaster
shelter recovery policy framework for low-income/informal settler families, with the


assistance of the appropriate housing agencies and the applicable LGUs. It shall
determine, among others, the appropriate shelter modalities depending on the following
phases: emergency, temporary or transitional, and permanent. The Department shall
likewise identify, assess, and decide on safe zones for the implementation of recovery
or rehabilitation projects.

Sec. 89, Cultural Heritage. — To protect, preserve, and promote the nation’s
historical and cultural heritage, the Department shall assist the relevant cultural and
heritage agencies and the appropriate LGUs to give priority protection and restoration to
all national cultural treasures or national historical landmarks, sites, of monuments in
post-disaster recovery or rehabilitation measures.

Sec. 90. — indigenous People. —.The Department, with the assistance of the
National Commission on Indigenous Peoples (NCIP) and the applicable LGUs, shall
devise and implement mechanisms that foster social protection for indigenous
communities that are vuinerabie to the effects of natural disasters

The Department shall ensure respect for, and protection of, the traditional
resource right of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to
their ancestral domains, and recognize the customary laws and traditional resource use
and management, knowledge, and practices in ancestral domains.

In ancestral domains that are disaster-prone, the Department, with the assistance
of the NCIP and applicable LGUs, shall create and Ancestral Domain Disaster
Management and Resiliency Pian. It shall likewise properly communicate and explain
information on disaster risks in ancestral domains with the concerned ICCs/IPs and as
much as possible, engage such ICCs/IPs | jointly formulating a disaster resiliency plan
for their ancestral domain.

Sec. 91. incentives Program. - The Department shail establish an incentives
program that recognize the outstanding promotion and implementation by focal disaster
resilience offices, CSOs, academe, and other institutions of disaster resilience programs
andior projects, and the meritorious acts of individuals or entities during natural disasters.

Sec. 92. Structural Audit of Govemment Buildings and Critical infrastructure. —
The Department shall be assisted by the DPWH, DOTr, Department of Energy (DOE),
instrumentalities and stakeholders, in ensuring the effective and expeditious conduct of
structural audit, as often as necessary, on government buildings, critical infrastructure,
and private structures to attain the disaster risk reduction goals of this Act.

Sec. 93. Transitory Provision. — The functions, assets, funds, equipment,
properties, transactions, and personne! of the affected and transferred agencies, and the
formulation of the intemal organic structure, staffing pattem, operating system, and
revised budget of the Department, shall be comptsted within one (1) year from the
effectivity of this Act, during which time the existing personnel shail continue to assume
their posts on holdover capacity. The Department, in collaboration with the DBM, shall
come up with its Organizational Structure and Staffing Pattern, both of which shall be
approved within thirty (30) days from the effectivity of this Act.

The Secretary of National Defense shall serve as the interim SDR until such time
that the SDR has been appointed and taken his/her oath of Office. Upon assumption to
duty, the SDR shalt make use of the existing structure, systems, and personne! in
responding to natural hazards and disasters within the transition period.


In accordance with Section 12 of this Act and the critical importance of attracting
the most competent and dedicated personnel to the Department, suitable and qualified
career personnel from the NDRRMC-OCD, DSWD, and the CCC, as defined by the CSC
and other pertinent rules, may be absorbed by the Department. The system and
mechanics for this shall be defined in the IRR of this Act.

Sec, 94. Magna Carta Benefits. — Qualified employees of the Department
inciuding those of its attached agencies, shall be covered by and entitled to the benefits
under Republic Act No. 8349, otherwise known as the Magna Carta, for Scientists,
Engineers, Researchers and other S & T Personnel in the Govemment, and Republic
Act No, 7305, otherwise known as the Magna Carta of Public Health Workers.

Sec. 95, Hazard Pay. - All personnel of the Department and the local disaster
resilience offices are entitled to receive hazard pay, subject to the guidelines to be set
forth in the IRR of this Act.

Sec. 96. Separation Benefits of Officials and Employees of Affected Agencies. -
National government employees displaced or separated from service as a result of this
Act shall be entitled to either separation pay and other benefits in accordance with
existing laws, rules, or regulations, or be entitled to avail themselves of the privileges
provided under a separation plan that shall be one and one-half month salary for every
year of service in the government.

In no case shail there be any diminution of benefits under the separation plan until
the full implementation of this Act. With respect to employees who are not retained by
the Department, the government, through the Department of Labor and Employment,
‘shall endeavor to implement training, job counseling, and job placement programs.

Sec. 97. Appropriations. - The amount necessary for the initial implementation of
this Act shall be taken from the current fiscal year’s unexpended and unobligated
appropriations of all agencies herein absorbed, transferred, and attached to the
Department. Thereafter, the amounts necessary for the operation of the Department and
the implementation of this Act shall be included in the annual General Appropriations
Act.

Sec. 98. implementing Rules and Regulations. - The Department, DBM, DND,
DOF, DILG, DOST, NEDA and the PMS shalt collectively craft and issue, within ninety
(90) days from the effectivity of this Act, the Implementing Rules and Regulations (IRR)
for the effective implementation of this Act. They may call upon other relevant
government instrumentalities and stakeholders to assist in the crafting of the IRR.

Sec. 99. Joint Congressional! Oversight Committee on Disaster Resilience. — there
shall be created a Joint Congregational Oversight Committee on Disaster Resitience to
monitor the implementation of this Act. The committee shalt be composed of six (6)
Members of the House of Representatives and six (6) Senators to be designated by the
Speaker of the House of Representatives and the President of the Senate, respectively;
Provided. That; two (2) Members of the House of Representatives and two (2) Senators
shall come from the Minority of their respective houses of Congress. The committee shall
be jointly chaired by a Member of the House of Representatives and a Senator
designated by the Speaker of the House of Representatives and the President of the
Senate, respectively


Sec. 100. Mandatory Review. — Within five (5) years after the effectivity of this Act,
or as the need arises, the Joint Congressional Oversight Committee on Disaster
Resilience shall conduct systematic evaluation of the accomplishments and impact of
this Act, as well as the performance of the Department of its mandate and functions, for
purposes of determining remedial iegisiation.

Sec. 101. interpretation. - Any doubt in the interpretation of any provision of this
‘Act shall be resolved in favor of a liberal interpretation that will fulfill the objectives of this
Act, especially in relation to the provision of effective, efficient and timely disaster
response, rehabilitation and recovery.

Sec. 102. Separability Clause. — If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions or parts thereof not otherwise affected
shail remain in full force and effect.

Sec. 103. Repealing Clause. - The provisions of Republic Act no. 10121, Republic
Act no. 7160, Republic Act no. 7916, Republic Act no. 9184, and all other laws, decrees,
executive orders, proclamations and other executive issuances, which are not consistent
with or contrary to the provisions of this Act, are hereby repealed or amended.

Sec. 104. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,