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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 329

Introduced by Hon. ALAN 1 B. ECLEO

EXPLANATORY NOTE

According to the 2021 Climate Risk Index, the Philippines is the 17th most
vulnerable country to climate change. Our country has consistently ranked high in
terms of climate vulnerability, experiencing an average of 20 storms per year. In less
than nine years, the Philippines has suffered through two Category Five storms,
Yolanda and Odette, the latter of which leveled our Province of Dinagat Islands
along with other provinces from Western Visayas and Mindanao.

For more than 12 years, RA 10121 or Philippine Disaster Risk Reduction and
Management Act has been the prevailing law on disaster response and resilience.
Since 2010, RA 10121 has signified a shift towards a more proactive approach to
preventing, mitigating, and reducing risk from natural disasters. While our
established government institutions since then have done their very best to
coordinate policies and programs in anticipation of and in response to disasters, the
need and clamor for a high-level, independent government agency to take the lead in
handling a comprehensive policy on disaster risk reduction and management, as well
as in promoting resilience from the national to the local level.

The need for mechanisms to offer a clear direction, chain of command, and
accountability was experienced firsthand by the People of Dinagat Islands just last
year. According to the Provincial Disaster Risk Reduction Management Office
(PDRRMO) of Dinagat Islands, the Province recorded recorded twenty-two (22) dead
and eight hundred three (803) injured persons; a staggering 1 billion-peso estimated
partial damage to agriculture and fisheries and an additional 1 billion-peso
approximate damage to some of the critical facilities in the Islands when Typhoon
Odette made landfall on December 2021. Government buildings, public schools,
healthcare centers, even the Provincial Capitol, were left totally destroyed by the
Supertyphoon, making recovery and rehabilitation even more difficult than it should
have been. Alll this, on top of an ongoing pandemic, engenders a climate of fear
among those who have experienced firsthand the cost and the trauma of climate-
related events. Typhoon Odette may not be the worst typhoon to devastate our
Islands, but it surely will not be the last.

With the worsening effects of climate change, we are set to experience more
frequent and more extreme weather events. As our country faithfully performs its
nationally-determined contributions to mitigating climate change, it is also incumbent
upon us to mitigate the effects of climate-related weather events to our economy and


society as a whole by promoting resilience and by engendering responsiveness and
efficiency in the State’s response. As the state of the climate worsens, the state of
our preparedness must conversely improve. The changing climate is a matter of
survival for the Filipino people, and such a total order requires the dedication,
expertise, resources, and full-time commitment of a National Agency dedicated to
this end.

During the Eighteenth Congress, | and my fellow Representatives from this
Esteemed House pushed for the passage of this law, establishing a Department of
Disaster Resilience, defining its powers, and appropriating funds therefor.
Encapsulated herein are the fruits of deliberations, consultations, and learnings
accumulated from that period.

The Department of Disaster Resilience (DDR) is herein envisioned as the lead
agency for implementing policies on reducing disaster risk and vulnerability, pursuing
rehabilitation, recovery, and reconstruction, and assessing strides of progress
towards greater resilience and disaster preparedness. It shall lead established
offices, including PHILVOLCS, PAGASA, MGB, and the CCC, towards constructing
a more comprehensive assessment of impending disasters and providing sufficient,
pertinent, and urgent information on impending disasters. It sets forth a “whole-of-
society, | whole-of-government, and whole-of-nation approach’ in disaster
preparedness to increase collaboration, planning, and dialogue among all sectors of
society in preparing for natural disasters and in improving their strategies and action
plans for disaster risk reduction. Moreover, it provides measures for determining
clear parameters for the responsibility of each office and actor, including penalties for
those who will negligently or maliciously be in dereliction of their duties.

The importance of the enactment of such a law cannot be understated. We
must continue to be able to live and thrive even with the challenges of a worsening
climate, without a climate of fear and mistrust. This can only be done through
fostering a climate of preparedness and unity, a climate of accountability and
integrity. Thus, the establishment of DDR is not only a matter of convenience, it is a
matter of survival. As this Office has previously manifested to the plenary in the
aftermath of Typhoon Odette: We owe it to the dead. We owe it to the survivors. We
need to do better. And with this law, we will.

In recognition of the urgent need for a more responsive, systematic, and
comprehensive policy on climate change and disaster resilience that our Office is
filing this Bill for its subsequent enactment as law.

Al B. ECLEO
Representative, District of Dinagat Islands


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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 329

Introduced by Hon. ALAN 1B. ECLEO

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

Be it enacted by the Senate and the 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”.

Section 2. Declaration of Policies and Principles. — \t shall be the policy of the
State to:

a. Protect the lives and properties of its citizens by addressing and preventing
the causes of vulnerabilities to natural disasters;

b. Uphold the sanctity of human life by efficiently and effectively addressing
humanitarian emergencies, including calamities and disasters, through the
establishment of a focused, streamlined, independent, empowered,
capacitated, specialized agency on disaster risk reduction and management
as well as emergency response, which is national in scope and civilian in
character. The people are the most important assets of the nation, and all
disaster risk 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;

c. Promote a simple, strategic, systematic, continuous, comprehensive,
inclusive, and integrated approach to disaster risk reduction and management
aimed at 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
protecting the social, economic, historical and cultural heritage, and
environmental assets of the country;


d. Establish a permanent, institutionalized, cohesive, and comprehensive
framework for disaster preparedness, prevention and mitigation, and
response, to be implemented by a focused specialized agency with its own
mandate, powers, and funding, and coordinating with the Philippine
government, other foreign governments and financial institutions, international
organizations, the private sector, and civil society. Disaster risk reduction and
management shall first aim for the outright avoidance of the adverse impacts
of hazards and related disasters. With the knowledge and capacities to
effectively anticipate, respond to, and recover from the impacts of likely,
imminent or current hazard events or conditions, preparedness action shall be
carried out in the most effective and efficient manner. In a disaster scenario,
the response shall ensure the provision of emergency services and public
assistance, during or immediately after a disaster;

e. Create an integrated, systematic, comprehensive, and cohesive plan to
simplify, streamline, integrate, and coordinate the various programs, projects,
and activities of the Government and such other actors or stakeholders in
disaster risk reduction and management to ensure accountability,
responsibility, and transparency as well as to ensure the efficient and effective
performance of their functions;

f. Inculcate a culture of resilience and preparedness against natural disasters at
the national, regional, and local levels;

g. Establish a strong and empowered institution capable of responding to the
greater onslaught of normal or natural disasters brought by climate change,
and spearhead efforts to ensure disaster resilience by delivering the highly
critical and intertwined functions of disaster risk reduction and response, with
a recovery strategy of “building forward better’;

h. Address the different concerns and needs of sectors with special needs or
higher vulnerabilities such as women, children, elderly, persons with
disabilities, and indigenous peoples with respect to disaster resilience and
disaster management;

i. Foster an enabling environment for substantial and sustainable participation
of non-government stakeholders such as civil society organizations, private
groups, volunteers, and communities in disaster resilience programs and
projects;

j. Adopt a whole-of-society, whole-of-government, and whole-of-nation
approach in disaster preparedness to increase collaboration, planning, and
dialogue among all sectors of society in preparing for natural disasters and in
improving their strategies and action plans for disaster risk reduction; and

k. Strengthen the chain of command and establish a unified command system
for disaster management, including measures and mechanisms for
transparency and accountability in the performance of duties.

Section 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 climatic stimuli or their effects, which
moderates harm or exploits beneficial opportunities.

. Assisting Actors shall refer to any Assisting International Actor and any
Assisting Domestic Actor responding to a disaster in the country.

Assisting Domestic Actors shall refer to any not-for-profit entity established
under domestic laws, which is responding to a disaster in the country.

|. Assisting Intemational Actors shall refer to any foreign state, organization,
entity or individual responding to a disaster within or transiting through the
country to respond to a disaster in another country

. Biological Hazards shall refer to hazards that are of organic origin or
conveyed by biological vectors, including pathogenic microorganisms, toxins
and bioactive substances. Examples are bacteria, viruses or parasites, as well
as venomous wildlife and insects, poisonous plants and mosquitoes carrying
disease-causing agents;

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

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 levels
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 risk, or impacts of a disaster. Capacity may include
infrastructure and physical means, institutions, societal coping abilities, as
well as human knowledge, skills and collective attributes such as social
relationships, leadership and management. Capacity may also be described
as capability.

Civil Society Organizations (CSOs) shall refer to non-state actors whose aims
are neither to generate profits nor to seek governing power, but to unite
people to advance shared goals and interests. They have a presence in public
life expressing the interests and values of their members or others, based on
ethical, cultural, scientific, religious or philanthropic considerations. CGOs
include non-government organizations (NGOs), professional associations,
foundations, independent research institutes, community-based organizations
(CBOs), faith-based organizations, people's organization, social movements,
and labor unions

Climate 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. 9729, otherwise known as the "Climate Change Act of 2009" . These
include internal processes or external forces such as modulation of the solar
cycles, volcanic eruptions and persistent anthropogenic changes in the
composition of the atmosphere or in land use.

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

Cultural 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.

. Department shall refer to the Department of Disaster Resilience or the DDR;

. Development Assistance shall refer to any financial, material or other forms of
assistance to support the economic, social, 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
a society involving widespread human, material, economic or environmental
losses and impacts, which exceeds the ability of the affected community or
society to cope using its own resources. Unless otherwise used specifically in
this Act, the term "disaster shall refer to "natural disaster";

Disaster Contingency Fund shalll refer to a fund, in lump-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, land
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


aa.

arrangements for coordination, evacuation, and public information, and
preparedness for recovery such as procurement of land for resettlement sites.

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

avoidance, 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 risks, land
use regulations that do not permit any settlement in high- risk zones, and
seismic engineering designs that ensure the survival and function of a critical
building in any likely earthquake;

. 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 from 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;

|. 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.

. Disaster Resilience Fund shall 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;

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.

. Disaster Risk Govemance shall refer to the way in which public authorities,

civil servants, media, private sector, and civil society coordinate at community,
national and regional levels in order to manage disaster and climate-related
risks. This means ensuring that sufficient levels of capacity and resources are
made available to prevent, prepare for, manage and recover from disasters. It
also entails mechanisms, institutions, and processes for cifizens to articulate
their interests, exercise their legal rights and obligations, and mediate their
differences.

Disaster Risk Management (DRIA) 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 (DRR) shall refer to the prevention of new, and/or
reduction of existing, disaster risk(s) and the management of residual risk, to
enhance resilience to disasters;

cc. Early Waming System shall refer to an integrated system of hazard
monitoring, forecasting and prediction, disaster risk assessment, and
communication and preparedness activities and processes that enable
individuals, communities, national government agencies, local government
units, the private sector, and others to take timely action to reduce disaster
risks and adequately prepare for disasters;

dd. Eligible Assisting Actor shall refer to any assisting actor that has been
determined to be eligible to receive legal facilities as provided for in this Act
and/or its Implementing Rules and Regulations (IRR);

ee.Emergency shall 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;

gg.Environmental Hazards shall refer to the hazards that may be chemical,
natural, and biological, and can be created by environmental degradation or
physical or chemical pollution in the air, water, and soil. However, many of
the processes and phenomena that fall into this category may be termed
drivers of hazard and risk rather than hazards themselves, such as soil
degradation, deforestation, loss of biodiversity, salinization, and sea-level
tise;

hh. Exposure shall refer to the degree to which the elements at risk are likely to
experience hazard events of different magnitudes;

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

jj. Geographically Isolated and Disadvantaged Area (GIDA) shall refer to areas
with a marginalized population, which is physically and socio-economically
separated from the mainstream society and characterized by physical factors
isolated due to distance, weather conditions and transportation difficulties
(island, upland lowland, landlocked, hard to reach and underserved
communities) and/or socio-economic factors-(highly poverty incidence,
presence of vulnerable sector, communities in or recovering from situation of
crisis or armed conflict),

kk. Geological or geophysical hazards shall refer to the hazards that originate
from internal earth processes, such as earthquakes, volcanic activities and
emissions 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 a coastal water-related hazard;

Il. Hazard shall refer to a phenomenon, substance, human activity or condition
that may cause loss of life, injury or impacts to health; social and economic
disruption, environmental damage, or loss offdisruption to property, livelihood,
and/or services;

mm. Historical landmarks 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 shall refer to an event that is caused by humans and
occurs in or close to human settlements or a particular environmental area.
This can include environmental degradation, technological or industrial
conditions, pollution, accidents, 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. Hydrometeorological 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. Impact 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 of emergency, and the requirements for recovery and rehabilitation of
affected area(s);

tt. Immediate Danger shall refer to a 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;

%

. Integrated Disaster Resilience Information System shall refer to a specialized
database, which contains, among others, information on disasters and their
human, material, economic and environmental impact, risk assessment and
mapping, and vulnerable and marginalized groups;

tt. Intemational Disaster Relief and Initial Recovery Period shall 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
regulations;

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

w. International Personnelshall refer to staff and volunteers of any assisting actor
providing disaster relief or initial recovery assistance being persons who are
neither citizens of nor domiciled in the Philippines prior to their recruitment by
the international assisting actor;

ww. Land Use Planning shall refer to the process undertaken by public
authorities to identify, 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;

xx. Legal Facilities shall refer to entitlements 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 (LDRP) shalll refer to a document prepared by
an LGU based on the National Disaster Resilience Framework (NDRF) and
the National Disaster Resilience Plan and Investment Plan (NDRPIP) that
sets out specific programs, objectives and goals to implement disaster risk
management and climate change adaptation measures at the local level. The
plan includes, among others, an evaluation and analysis of emerging disaster
risks, hazards and vulnerabilities applicable to an LGU, and specific programs
and activities to ensure responsive, effective, and appropriate disaster
preparedness and managements at the local level;

zz. National Continuity Policy shall refer to a comprehensive national policy
consisting of a set of programs and projects aimed at capacitating the
government to ensure the continuity of governance and the delivery of public
services during and after any disaster;

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


bbb. National Disaster Resilience Plan and Investment Program (NDRPIP)
shall refer to a plan formulated and implemented by the national and local
governments, in collaboration with NGOs, the private sector, academe,
international development partners, and others. In accordance with the NDRF
that sets out the outcomes, goals and objectives, priorities, programs and
corresponding action plans for disaster risk reduction, preparedness, and
management, and climate change mitigation. The NDRPIP shail also include,
among others, goals, objectives and action plans for a national continuity
policy. It shall be in conformity with the national disaster risk reduction and
management framework.

coc. Natural Hazard shall refer to naturally occurring physical phenomena
caused either by rapid or slow onset events, which can be geological
(earthquakes, ground rupture, liquefaction, landslides, tsunamis, sinkholes,
and volcanic activity), hydrological and meteorological (floods, sever winds,
typhoons, storm surges), climatological variability (extreme temperatures, El
Nifio, La Nifia, forest fires), or biological (disease, epidemics and
insect/animal plagues);

ddd. Open Data shall refer to a set of data that can be freely used, shared
and built-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 placed on how people can
use such data but permit a data provider to require that data has been
changed, or that any new datasets created using their data are also shared as.
open data;

eee. __Pre-Disaster Recovery Plan (PDRP) shalll refer to a plan intended to
help government officials working in small 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;

fff. Pre-Disaster Risk Assessment (PDRA) shall refer to a process to evaluate a
hazard's level of risk given the degree of exposure and vulnerability in a
specific area likely to be affected by an imminent hazard. It presents the
possible impacts on the population and forms a basis to determine the
appropriate level of response actions from the national level government
agencies down to the local government units. It is hazard-specific, area
focused, and time-bound;

ggg. Recovery shall refer to rehabilitation measures that ensure the ability of
affected communities or areas to return their normal level of functioning by
restoring livelihoods and services, reconstruction of damaged infrastructures
and increasing the communities’ organizational capacity;


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

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;

jij. Retrofitting 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 shall refer to a 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;

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 occurs, in exchange for ongoing or
compensatory social or financial benefits provided to that other party;

mmm. — Safety stock shalll refer to items, such as raw materials, component
parts, or 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 Continuity 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 shall 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 a result of natural disaster(s) or related
hazard(s);

ppp. _Simplified or Pre-Arranged Contract shall refer to a written agreement
in the nature of an option contract between the procuring entity on one hand,
and the most responsive and lowest calculated bidder on the other, granting
the procuring entity the option to 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;

rr. Volunteers shall refer to individuals, groups or entities that offer and/or
provide 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, organizational, and environmental factors or processes, which
increase the susceptibility of an individual, a community, assets or systems to
the impacts of hazards;

ttt. Vulnerable and marginalized groups refer to those that face higher exposure
to disaster risk and poverty including women, children, the elderly, differently
abled people, and ethnic minorities;

uuu. Whole-of-Society Approach shall refer to an approach that encourages
the meaningful, 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 local levels;

w. Whole-of-Govemment Approach shall refer to an approach that instills
and fosters collaboration among all government instrumentalities both at the
national and local levels toward shared sustainable development goals and
outcomes; and

www.  Whole-of-Nation Approach shall refer to an approach that seeks to
bring about a concerted effort towards sustainable development, national
peace and security by creating consensus and understanding of development
and security 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 Il
THE DEPARTMENT OF DISASTER RESILIENCE: MANDATE, POWERS, AND
FUNCTIONS

Section 4. Creation and Mandate of the Department of Disaster Resilience. —
There is hereby created a Department of Disaster Resilience, hereinafter referred to
as the Department.

The Department shall be the primary government agency responsible for
leading, organizing, and managing the national effort to reduce disaster risk, prepare
for and respond to disasters, recover and rehabilitate, and build forward better after
the occurrence of disasters.

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

The Department shall augment the capacity of local governments units in
collaboration with relevant national government agencies and other stakeholders to


implement disaster risk reduction and management and climate change action plans,
programs, projects, and activities.

The Department shall be the principal government institution responsible for
ensuring safe, adaptive, and disaster resilient communities. It is mandated to provide
a clear and comprehensive direction in the implementation of plans, programs, and
projects to reduce the risk of natural hazards and the effects of climate change and
manage the impact of disasters.

The mandate of the Department covers all natural hazards, which include,
among others, the following:

a. Geological Phenomena and Related Hazards
1. Earthquake — ground rupture, ground shaking, liquefaction, tsunami,
fire, landslides, and seiche or lake water oscillation
2. Volcanic activity — ash fall, pyroclastic flow, lava flow, lahar, fissuring,
and volcanic gas
3. Mass movement — landslides, debris flow, sinkholes

b. Hydrological, Oceanographic and Meteorological Phenomena and Related
Hazards
1. Tropical cyclone — severe winds, storm surge, rogue waves, severe
rainfall including hail
2. Flood, rain—triggered landslides and storm surges
3. Erosion
4. Marine heatwaves, extreme sea events, and sea level rise

c. Climate Variability/Change with Related Hazards of Compound Events and
Cascading Impacts
1, EI Nifio or La Nifia (ENSO) with associated rainfall and temperature (in
particular, projected extreme ENSOs)
2. Extreme temperature (heat wave or cold wave), extreme weather
conditions (drought or excessive rainfall)
3. Wildfire (forest or land fires)

d. Biological and Related Hazards
4. Epidemic/Pandemic — viral, bacterial, parasitic, fungal, prion infectious
diseases
2. Insect Infestation — grasshoppers/locusts

e. Extra-Terrestrial — Meteorite/Asteroid impact

The Department shall manage and direct the implementation of national,
local, and community-based disaster resilience and disaster management programs,
projects and activities, including disaster response, recovery and rehabilitation, when
applicable, in collaboration with relevant national govemment agencies, LGUs,
CSOs, academic institutions and other stakeholders: Provided, That for human-
induced disasters, the Department of the Interior and Local Government (DILG),
Department of National Defense (DND), Department of Social Welfare and


Development (DSWD), and other relevant government instrumentalities, including
the Armed Forces of the Philippines (AFP), Bureau of Fire Protection (BFP),
Philippine National Police (PNP), Philippine Coast Guard (PCG), and Office of Civil
Defense (OCD), shall continue to perform their functions: Provided, further, That the
Department shall remain as the lead agency in recovery and rehabilitation efforts in
collaboration with all stakeholders when applicable.

Notwithstanding, the mandates and powers stated herein shall be without
prejudice to the President's directive to address natural, human-induced, or other
disasters such as an epidemic.

Section 5. Powers and Functions of the Department — The Department shall
exercise the following powers and functions, in collaboration with the relevant
departments, agencies, and non-government stakeholders:

a. General Functions

1. Conduct risk and vulnerability assessment at the local level based on
the national criteria, and establish a database that includes, among
others, an inventory of hazards to better prepare for and respond to
natural disasters;

2. Undertake the establishment or construction of evacuation centers that
conform to the standards under the United Nations (UN) Humanitarian
Charter and Minimum Standards in Humanitarian Response or The
Sphere Minimum Standards for Shelter and Settlement, and Republic
Act No. 10821, otherwise known as the “Children’s Emergency Relief
and Protection Act’, among others. The upkeep and maintenance of
the evacuation centers shall be the responsibility of the concerned
LGUs;

3. Develop, maintain and update an integrated disaster management and
disaster resilience information system that includes, among others,
multi-hazard mapping, vulnerability and probabilistic risk assessments,
early warning, exposure database, communication and emergency
management systems at the national, regional, and provincial levels;

4. Undertake the formulation and implementation of the government's
policies, plans, programs, projects, and budget for disaster resilience
including those related to disaster risk reduction, response, recovery,
rehabilitation, and building forward better;

5. Review and build upon, to the extent necessary, the existing disaster
resilience framework, plans and strategies in the crafting of an NDRF
and the corresponding NDRPIP;

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

7. Facilitate the availability of highly competent DRR professionals at all
levels and prescribe benefits, allowances, and similar emoluments for
DRR professionals, as it may deem fit;

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



9. Receive, manage, administer and control all the funds, assets and
properties received by the Department to accomplish the purposes of
this Act;

10.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;

11.Advise the President on matters concerning disaster resilience and
make recommendations, as appropriat

12.Advance the country’s interests relating to disaster resilience in the
regional and global arena;

13.Collaborate with any government entity to help ensure the attainment
of the goals and objectives of this Act; and

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

b. Disaster Risk Reduction

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

2. Develop and implement policies and programs relating to the
construction of new settlements or relocation of settlements in safe
areas which shall, to the extent such policies and programs relate to
disaster risk reduction, mitigation, prevention or building forward better,
prevail over policies or decisions of other government departments,
government agencies, government owned and/or controlled
corporations, LGUs, or other government institutions,

3. Develop, in coordination with relevant government agencies, policies
and programs on land-use planning, urban planning and zoning which
shall, to the extent such policies and programs relate to disaster risk
reduction, mitigation, prevention or building forward better, prevail over
policies or decisions of other government departments, government
agencies, government owned and/or controlled corporations, LGUs, or
other government institutions;

4. Establish or enhance standards for disaster preparedness and
continuity planning, such as on infrastructure standards and designs;

5. Collaborate with the Department of Public Works and Highways
(DPWH) and other relevant government agencies in the conduct of
regular structural, safety audit of buildings and other types of
infrastructure, and require the submission of necessary data,
information or reports related thereto;

6. Formulate a National Continuity Policy including plans and programs to
implement government governance and business continuity;

7. Ensure the use of advanced science and technology in the anticipatory
planning of communities against the impact of natural hazards and
climate change through consultation, and employment with a regular
department funding for relevant academic or higher educational
institutions with proven risk reduction record;


©

8. Establish a system to ensure that all disaster-related data are
accessible to all stakeholders to generate the best scientific information
and technological products for use in disaster resilience;

9. Ensure that all climate change-related hazards are included in the
development of climate risk profiles of targeted LGUs as provided for in
the Climate Risk and Management Framework (CRMEF) policy
document of the Climate Change Commission (CCC) and that the
appropriate institutions such as the academe and other science experts
or organizations who have the capability to develop or have developed
methodologies to establish climate change risk profile are officially
engaged;

10. Undertake programs and projects to reduce the vulnerability of
physical infrastructure, assets, and facilities including retrofitting, and
structural and nonstructural upgrading, in coordination with the relevant
government agencies;

11.Call on relevant government agencies to develop alternative livelihood
programs to reduce the vulnerability to disasters of certain areas or
certain sectors of society;

12. Formulate, facilitate and monitor efforts relating to certain resources or
sectors toward addressing the long-term effects of climate change on
sustainable development, such as water resources, agriculture,
forestry, coastal and marine resources, health, and infrastructure, in
coordination with relevant government agencies;

13.Design and implement an incentive system for greater private and
public investment, both at the local and national levels, on disaster risk
reduction;

14.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;

15.Create an enabling environment that shall promote broader multi-
stakeholder participation for disaster risk reduction and climate change
adaptation and mitigation;

46.Establish, develop, and monitor programs and projects, in coordination
with relevant government agencies, that consider climate projections,
including temperature increase and rainfall change in the Philippines to
ensure climate resilient communities;

17.Establish and monitor national and local capacity for disaster risk
financing and insurance and other risk transfer strategies in
coordination with the Department of

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

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

20.Undertake all other programs and projects necessary to attain the
necessary outcomes for disaster risk reduction.

Disaster Preparedness and Response


1. Lead, manage, and collaborate with the relevant government
instrumentalities, non-government stakeholders, and_ international
partners in providing the minimum basic needs of people in affected
areas before, during and/or immediately after a disaster to save lives
and minimize casualties;

2. Establish a corps of first responders in partnership with national and
local stakeholders, both public and private:

3. Implement projects and programs that will enhance the capacity of
LGUs to prepare for and respond to disasters, giving priority to LGUs
with low income or those situated in high-risk areas;

4. Ensure the efficient prepositioning of goods, maintenance and disposal
of safety stocks;

5. Accredit, monitor, and evaluate training institutions on disaster
resilience;

6. Regulate the accreditation of donors, volunteers, and assisting non-
government stakeholders, both domestic and international;

7. Formulate standards for contingency planning that shall be adopted by
the LGUs;

8. Develop a database of exposure or elements at risk per area to
facilitate and ensure quick impact and needs assessment in the event
of a disaster;

9. Facilitate and regulate the acceptance, inventory, and accounting of
humanitarian assistance, including relief goods;

10.Maintain a database of volunteers and, when necessary, mobilize
volunteers to augment the personnel complement and logistical
requirements for disaster response and/or for the delivery of DRRM
programs, projects and activities;

11. Oversee and maintain a national early-warning and emergency alert
system that must provide a specific, areas-focused and time-bound
warning that are accurate, timely, understandable and readily
accessible to national and local emergency response organizations
and the general public;

12.Coordinate information-sharing and other disaster risk reduction
protocols following the principle of interoperability among national
government agencies and local government units;

13.Call upon other instrumentalities or entities of the government and non-
government and civic organizations for assistance in terms of the use
of their facilities and resources for the protection and preservation of
life and properties in the whole range of disaster risk reduction and
management. This function includes the power to call on the reserve
force as defined in Republic Act No. 7077, otherwise known as the
“Citizen Armed Forces of the Philippines Reservist Act” to assist in
telief, rescue, retrieval and management of dead and missing persons
during disasters or calamities;

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



15.Recommend to the President to call upon the AFP and PNP to render
the necessary assistance in a disaster-affected area by the authority of
the President;

16.Call upon, by authority of the President, the Armed Forces of the
Philippines, the Philippine National Police, the Bureau of Fire
Protection (BFP), the Philippine Coast Guard, and other uniformed
services to the extent necessary for the Department to achieve the
purposes of this Act;

17.Establish a National Corps of Volunteers to be composed of, among
others: Reserve Officers’ Training Corps (ROTC), National Service
Training Program (NSTP), reservists, and other  socio-civic
organizations;

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

49.Undertake all other programs and projects necessary to attain the
necessary outcomes for disaster preparedness and response.

d. 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 local governments units, national
government agencies, and other stakeholders;

2. Establish a system to promptly perform impact and needs assessment,
including strengthening the in-house capacity of the Department to
conduct accurate and timely impact and needs assessment;

3. 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 rehabilitation plans, when needed,
for disaster affected areas;

4. Formulate or direct relevant government agencies and LGUs to issue
guidelines for fast-tracking the issuance of permits, certifications,
clearances and licenses to implement disaster recovery and
rehabilitation measures, including housing projects, in affected areas;

5. Prepare and implement rehabilitation plans for disaster affected areas;

6. Manage and oversee the implementation of disaster recovery and
rehabilitation measures;

7. Collaborate with relevant government agencies to establish programs
to restore or generate livelihood in disaster affected areas;

8. Formulate policies and standards for post-disaster shelter recovery
which may include, among others, implementation arrangements,
coordination arrangements with relevant agencies and LGUs, and
modalities for emergency transitional and permanent shelter recovery;

9. Ensure that the principle of building forward better is applied to
rehabilitation or reconstruction efforts; and

10.Undertake all other programs and projects necessary to attain the
necessary outcomes for recovery and safer, adaptive, resilient, and
inclusive communities.


e. Other Functions

1. Constitute, call, convene or deputize agencies of government, and
invite non-government and private organizations, to assist, advise, or
coordinate with the Department to achieve the purposes of this Act;

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

3. Save lives and/or minimize damages to livelihood and property,
complement and collaborate with relevant government agencies and
non-government stakeholders in providing humanitarian response and
the consequence management of human induced disasters whenever
it becomes necessary;

4. 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;

5. 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 aid during
calamities and disasters;

6. Create or reorganize offices and/or task forces, as may be necessary
to carry out the objectives of this Act; and

7. Perform such other functions, as may be necessary, for the attainment
of the objectives of this Act.

ARTICLE Il
EMERGENCY MEASURES

Section 6. Emergency Measures.

a. To protect and preserve life and property and ensure and promote public
safety and welfare, the Department may undertake and implement the
following emergency measures in anticipation of, during, and in the aftermath
of disasters:

4. Carrying out of preemptive evacuation;

2. Imposition of curfew;

3. Rationing of the distribution of basic goods in critical shortage, and
when necessary, preventing or restricting the transfer of such goods
outside of the area affected by the disaster, including access to rice
inventory of the National Food Authority (NFA) office or storage located
in the affected area;

4. When there is imminent danger of loss of lives or damage to property,
temporarily take over or direct the operation of any private utility or
business, subject to payment of just compensation; and

5. With the concurrence of the DOF, recommend to the Monetary Board
the deferment of the payment of monetary obligations of local


government units and private entities that have been severely affected
by disaster.

b. Local government units shall enact ordinances on and implement necessary
and appropriate emergency measures to ensure the protection and
preservation of life and property and the promotion of public safety and
welfare in anticipation of, during, and in the aftermath of disasters.

c. Emergency measures shall be carried out in a manner that is humane,
respectful of the dignity and culture of persons, without the use of
discrimination and disproportionate force, and with conscious attention to the
needs of vulnerable and marginalized groups.

d. Appropriate steps shalll be taken to inform the public of the need to implement
emergency measures for their safety.

Section 7. Preemptive and Force Evacuations. — Preemptive evacuation shall be
the preferred and primary mode of moving and relocating people that will be affected
by impending disasters.

A forced evacuation shall be considered as an emergency measure of last
resort that may be undertaken in anticipation of or during a disaster and carried out
by the concerned local government unit: Provided, That in case of the failure or
inability of the local government units to implement the same, the forced evacuation
shall be implemented by the Department, which may direct and compel the
assistance of law enforcement and other government agencies to implement such
measure.

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

ARTICLE IV
ORGANIZATION AND MANAGEMENT

Section 8. 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 Committee on Appointments. The
Secretary shall preferably have a good background in any of the scientific,
engineering, and public management fields relevant to the attainment and promotion
of resilience to natural hazards and climate change, and demonstrated managerial
acumen.

Section 9. Powers and Functions of the Secretary. — The Secretary shall have
the following powers and functions:

a. Provide executive direction and supervision over the entire operations of the
Department;


. 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;

. Exercise control and supervision over all functions and activities of the

Department and its officers and personnel;

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

Appoint and designate officers and employees of the Department, excluding
those requiring presidential appointment as provided for by law;

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

. 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;

Advise the President on the promulgation of executive and administrative
orders, and the formulation of regulatory and legislative proposals on matters
pertaining to disaster resilience;

Represent the Philippines 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;

Formulate such rules and regulations, and exercise such other powers as
may be required to implement the objectives of this Act;

. Serve as a member of the Government Procurement Policy Board (GPPB);

and
Perform such other tasks as may be provided by law or assigned by the
President.

Section 10. The Undersecretaries. — The Secretary shall be assisted by four (4)
Undersecretaries, which shall be responsible for the following key result areas:

a.

Disaster Preparedness and Response — to implement projects and programs
that will enhance the capacity of LGUs to prepare against, and respond to,
disasters. This also includes development of a database of exposure or
elements at risk per area and database of volunteers, among others. It
involves the establishment of evacuation centers and the implementation of
responsive and efficient prepositioning of goods, maintenance and disposal of
stocks, among others;

. Disaster Risk Reduction — to formulate, adopt, and/or implement, among

others, a whole-of-society approach in policies and programs to prevent new,
if not reduce existing disaster risks, to address the effects of climate change,
and to minimize loss and damage to lives and properties. This includes the
formulation of the required policies and/or programs for disaster risk reduction
and climate change adaptation in, among others, the NDRF and the NDRPIP;

. Recovery and Building Forward and Better — to formulate and implement

rehabilitation plans for disaster-affected areas, and to ensure the
implementation of disaster recovery and rehabilitation measures, such as, but


not limited to, post-disaster shelters and livelihood projects, in collaboration
with relevant agencies, LGUs, and other stakeholders; and

d. Support to Operations — to formulate and implement, among others, policies,
programs and/or projects to ensure the efficient, effective, and responsive
delivery of the Department's key result areas. Support to Operations covers
knowledge management, institutional development and planning, finance,
office administration, human resources management, and development of the
Department's in-house capacities, among others.

Section 11. The Assistant Secretaries and Directors. — The Department shall
have four (4) Assistant Secretaries and appropriate number of Directors to ensure
the effective, efficient, and responsive implementation of the mandate and functions
of the Department.

Section 12. Qualifications. — No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless a citizen and
resident of the Philippines, of good moral character, and of proven experience,
competence or expertise in humanitarian relief assistance and disaster
management. The Secretary, Undersecretary, or Assistant Secretary shall not hold
any other position, public or private, during their terms of office.

Section 13. 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.

Section 14. National Disaster Operations Center, Alternative Command Center,
and Research and Training Institute. — The Department shall establish, within
‘one (1) year from the approval of this Act, and act as the primary operator, the
National Disaster Operations Center (NDOC), Alternative Command and Control
Center (ACCCs) as may be necessary in each of the country’s major island groups,
and the Disaster Resilience Research and Training Institute (DRRTD).

The Department is authorized to collect fees derived from the 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 shall 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 to provide
supplemental support to the NDOC. The number and location of ACCCs shall be
determined by the Department. Temporary ACCCs may likewise be established by
the Department, if necessary.

Section 15. DRRTI Functions and Inter-Agency Knowledge Sharing. — The
DRRTI shall be a platform for providing training preferably on site, and for collecting,


consolidating, managing, analyzing, and sharing knowledge and information to
improve or enhance disaster resilience.

The DRRTI shall:

a. Establish reliable and up-to-date disaster-related information and
communication systems and technologies through close collaboration with the
DOST and with academic institutions;

b. Institutionalize, maintain, and update an integrated disaster resilience
information system (IDRIS), which includes, among others, multi-hazard
mapping, probabilistic risk assessment, risk analysis, early warning, exposure
database, communication and emergency management systems;

c. 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 limited to, an inventory of
hazardous materials per area;

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

e. Conduct disaster-related research programs, seminars, and trainings for all
types of stakeholders;

f. Consolidate, organize and/or prepare training materials and publications; and

g. Conduct other activities consistent with promoting the formation and
dissemination of knowledge and information relating to disaster resilience and
disaster management.

Section 16. Compliance and Accreditation of DRRTI 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 shall likewise ensure collaboration with key countries and
international organizations to incorporate best practices on disaster resilience in the
Department's policies and programs.

Section 17. Disaster Assistance Action Center. — The Department shall
institutionalize a one-stop shop mechanism through a Disaster Assistance Action
Center (DAAC) which shall, among others, process necessary documents for both
domestic and international assisting actors.

Section 18. Incentives. — The Department has the authority to prescribe benefits,
allowances, and similar emoluments for disaster management professionals and
disaster resilience officers at the national and local levels.

ARTICLE V
NATIONAL AND LOCAL GOVERNMENT RELATIONS


Section 19. Retention of Local DRRM Offices and Creation of Local Disaster
Resilience Offices. — The Local DRRM Offices (LDRRMOs) in provinces, cities,
and municipalities shall be retained and renamed as Provincial, City, and
Municipality Disaster Resilience Offices, respectively. They shall collectively be
called Local Disaster Resilience Offices (LDROs). All LGUs shall establish an LDRO.
at the provincial, city, and municipal levels. All Local DRRM Councils (LDRRMCs)
shall be abolished.

The budgetary requirements for personal services, maintenance and other
operating expenses, and capital outlay of the LDROs shall be sourced from the
General Fund of the LGU, subject to Section 76 of Republic Act No. 7160, otherwise
known as the “Local Government Code of 1991”, as amended.

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

Provinces, cities or municipalities shall be exempted from the Personnel
Services (PS) limitation on local government budgets in relation to the creation of the
LDROs and the appointment of its officers and personnel.

Section 20. Composition and Organization of LDROs. — The LDRO shall be
under the supervision and control of the provincial governor, and city or municipal
mayor, as applicable. The LDRO shall be composed of an officer and five (5)
permanent personnel responsible for, among others, administration, research and
planning, training, and operations. The organization, composition, functions, and
responsibilities of retained LDRRMOs shall be modified to the extent provided in,
and shall comply with the requirements and standards of, this Act and the IRR for the
establishment, maintenance and operations of LDROs.

Section 21. Local Disaster Resilience Officer. — The LDRO shall be headed and
managed by a well-qualified and fulltime Local Disaster Resilience Officer with
regular plantilla position. The Local Disaster Resilience Officer and Staff shall be
appointed by the Local Chief Executive subject to the requirements and endowed
with the emoluments and benefits in accordance with existing laws, rules and
regulations.

Section. 22. Powers and Functions of City and Municipal DROs. — The City and
Municipal (CDRO and MDRO) shall have the following powers and functions:

a. Formulate and implement, in close coordination with the Department, a
comprehensive and integrated LDRP in accordance with the NDRF and the
NDRPIP;

b. Design, program, coordinate, and implement disaster resilience activities
including preparedness, risk reduction, response, recovery and rehabilitation
measures consistent with the standards and guidelines provided by the


Department, and implement the NDRF and the NDRPIP at the city or
municipal level;

. Prepare and submit to the local Sanggunian, the LDRP, the proposed
programming of the LDR Fund, other dedicated disaster resilience resources,
and other regular funding source of the LDRO;

|. Recommend to the local Sanggunian the enactment of local ordinances to
implement the LDRP, NDRF and NDRPIP at the city or municipal level, and to
comply with other requirements of this Act;

Prepare and submit to the Department, the local Commission on Audit, and
the applicable Regional Disaster Resilience Office 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 on natural hazards, profile of the LGU's
vulnerable or marginalized groups, local risk maps, and a disaggregated
database of human resource, equipment, services, resources, directories and
location of critical infrastructures with their capacities as hospitals and
evacuation centers;

Operate and maintain, in coordination with the Department, a multi-hazard
early warning and communications system to provide accurate and timely
information to the public;

. Organize and conduct training and knowledge management activities on
disaster resilience at the local level, in coordination with the DRRTI;

Procure emergency works, goods, and services in compliance with the
regulations, orders, and policies of DBM and Government Procurement Policy
Board (GPPB), to implement the DRP or support early recovery and post-
disaster activities;

In coordination with the Department, the DOF and other relevant agencies,
access foreign loans to finance its projects, programs, and policies for
disaster preparedness, response, recovery, and rehabilitation, subject to
terms and conditions agreed upon by the LDRO 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 policies 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 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 a Business
Continuity Plan as part of their LDRP’s disaster preparedness measures;

. Establish linkage or 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/or act on other matters, in accordance with
policies and procedures of the Department and applicable laws, to achieve
the purposes of this Act.



Section 23. Provincial Disaster Resilience Officer. — The Provincial Disaster
Resilience Office (PDRO) shall be headed and managed by a Provincial Disaster
Resilience Officer with regular plantilla position.

Section 24. Powers and Functions of the PDRO. — The PDRO shall have the
following powers and functions:

a.

Formulate and implement, in close coordination with the Department and
cities or municipalities within its jurisdiction, a comprehensive and integrated
Provincial LDRP in accordance with the NDRF and the NDRPIP;

. Review the LDRPs of cities and municipalities within its jurisdiction, and

require the amendment of such LDRPs if necessary, to ensure compliance
with the Provincial LDRP and/or the NDRF and NDRPIP;

Design, program, coordinate, and/or implement disaster resilience activities
consistent with the standards and guidelines provided by the Department, and
implement the NDRF and the NDRPIP at the provincial level;

|. Prepare and submit to the Sangguniang Panlalawigan, the Provincial LDRP,

the proposed programming of the province's Local Disaster Resilience Fund,
other dedicated disaster resilience resources, and other funding sources of
the PDRO;

.. Recommend to the Sangguniang Panlalawigan the enactment of local

ordinances to implement the Provincial LORP, NDRF and NDRPIP at the
provincial level, and to comply with other requirements of this Act;

Prepare and submit to the Department, the local Commission on Audit, and
the applicable Regional Disaster Resilience Office a report on the utilization of
the province's Local Disaster Resilience Fund and other disaster risk
reduction and management resources;

. Establish and maintain, in coordination with the Department, a Provincial

Command and Control Center (PCC) 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
respond to the needs of cities and/or municipalities within its jurisdiction in
relation to disaster resilience activities;

. Procure 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;

In coordination with the Department and the DOF, access foreign loans to
finance its projects, programs, and policies for disaster preparedness,
response, recovery, and rehabilitation, subject to terms and conditions agreed
upon by the PDRO and the lender;

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 in the implementation of rehabilitation plan(s) within the cities
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.

Section 25. Regional Offices. — The Department shall establish and maintain
Regional Offices (ROs) at each region, and a National Capital Region Office (NCR).
The size, composition, and organization of ROs and NCR shall be based on
parameters provided in the IRR on the ability of LGUs within its jurisdiction to cope
with previous disasters, or to implement their LDRPs or Provincial LDRPs; the level
of income, population, hazard exposure of LGUs. The ROs and NCR shall be funded
by the Department.

Section 26. Regional Director. — Each RO and the NCR shall be headed and
managed by a Regional Director with a regular plantilla position. The Regional
Director shall be appointed by the Department Secretary for a fixed term pursuant to
requirements, terms of office and endowed with the emoluments and benefits subject
to existing laws, rules and regulations.

Section 27. Powers and Functions of ROs and NCR. — The ROs and the NCR
shall have the following powers and functions:

a. Review the LDRPs and Provincial LDRPs of LGUs within its jurisdiction, and
require the amendment of such LDRPs and/or Provincial LDRPs if necessary,
to ensure compliance with the NDRF and NDRPIP;

b. Monitor and direct LDROs and PDROs to implement their respective LDROs
and PDROs;

c. Recommend to the appropriate Sanggunian at the city, municipal or provincial
level, the enactment of local ordinances to implement the LDRP, NDRF and
NDRPIP at the city, municipal or provincial level, and to comply with other
requirements of this Act;

d. (d) Review reports on the utilization of the LDRF and other disaster risk
reduction and management resources of LGUs within its jurisdiction, and give
recommendations, as necessary;

e. Disburse to, and monitor the use by, LGUs of Supplemental LDRF as granted
by the Department pursuant to this Act and its IRR;

f. 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 or Provincial LDRPs, NDRF and NDRPIP, and to
render efficient and timely disaster preparedness, response and recovery
measures;

g. 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;


. Procure goods and services in compliance with the regulations, orders, and

policies of DBM and GPPB, to implement the NDRPIP and NDRF at the
regional level,

Formulate and establish mechanisms to mobilize and direct LDROs and
PDROs within its jurisdiction as necessary for disaster preparedness and
response at the regional level;

Establish and maintain, in coordination with the Department, a Regional
Command and Control Center (RCC) which includes, 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 multi-hazard early warning and communications system, and a
monitoring system that enables the RO to oversee, supervise, monitor and
respond to the needs of LGUs within its jurisdiction in relation to disaster
resilience activities; implement or assist in the implementation, as directed by
the Department, of rehabilitation plans for LGUs within its coverage; 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.

Section 28. Inter-Regional Disaster Resilience Office Collaboration. — The
Department shall create policies and programs to establish collaboration and
coordination among the different ROs.

Section 29. Levels of Responsibility for Disaster Preparedness and Response.
— The primary responsibility for disaster preparedness and response shall be
exercised at the local and national level in collaboration with the relevant
departments and agencies, as follows:

LEVELS OF | RESPONSIBLE CONDITIONS
RESPONSIBILITY OFFICIALS
Level 1 - City or|Mayor of the City /|Ifadisaster affects a single
Municipality Municipality municipality / city

(Lead)

Local Disaster Resilience
Office

(In the case of BARMM:
Municipal / City Mayor and
BARMM Local Disaster
Resilience Office)

Level 2 - Province Governor (Lead) | If a disaster affects two or
more
Provincial Disaster | municipalities / cities
Resilience
Office

Applicable Local Disaster



Resilience Offices

(In the case of BARMM:
Provincial Governor and
BARMM

Local Disaster Resilience
Office/s)

Level 3 - Region

Regional Director of the
Regional Office
(RO) (Lead)

Applicable Governors
Applicable Provincial
Disaster

Resilience

Offices

(In the case of BARMM:
Regional Governor and
ARMM

Local Disaster Resilience
Office/s)

(in the case of Metro
Manila:

If a disaster affects two or
more

provinces and/or
independent

component or highly
urbanized

cities

MMDA Chair)
Level 4 - National Secretary of the a. When a state of
Department of Disaster calamity is declared

During a state of calamity
in any area(s) or affecting
several regions

Resilience (Lead)

Governors of the affected
Provinces

by the President;

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

c. When the affected
LGU cannot
dispense its
functions, or
respond to the
threat or effect of
disaster;

d. When the local chief
executive or, in
his/her absence or
incapacity, the next
high—ranking
official, directly
requests the
Department to take
over;

e. When the President



directs a Level 4
response.

Section 30. inter-Local Government Assistance. — LGUs are hereby authorized
to extend assistance to another LGU, whether through funding or donation of goods
and/or services, to ensure effective disaster preparedness and response, such as
the pre—positioning and provision of basic goods, and training of first responders,
among others, subject to auditing and accounting.

Section 31. Reconstruction and Rehabilitation Powers of the Department. —
The Department shall be primarily responsible for the identification, planning and
funding of priority reconstruction and rehabilitation projects and programs on areas
affected by disasters: Provided, That the Department of Public Works and Highways
shall be the primary implementer of all infrastructure—related rehabilitation and
reconstruction projects, including retrofitting of structures to make them more
resistant and resilient to the effects of natural disasters.

Section 32. Service Continuity of the Department. — To ensure service
continuity, the Department and its regional and attached offices shall be established
in a reasonably resilient location; and undertake the necessary interventions to make
its offices and systems disaster—resilient.

Section 33. Assistance to Bangsamoro Autonomous Region in Muslim
Mindanao. — The National Government, thru the Secretary of Disaster Resilience,
and the Bangsamoro Autonomous Regional Government shall create an inter-
governmental mechanism for humanitarian relief assistance in the BARMM during
times of natural disasters.

ARTICLE VI

WHOLE OF GOVERNMENT, WHOLE OF NATION, AND WHOLE OF SOCIETY
APPROACH AND INSTITUTIONAL ARRANGEMENTS

Section 34. Interoperability of Systems. — The Department shall establish
mechanisms to ensure the interoperability of systems among government agencies,
and to allow access of agencies to the IDRIS as established pursuant to Section 15
of this Act. It shall develop protocols to allow real—time access to information by
government agencies in relation to natural disasters and the implementation of
disaster resilience measures.

Section 35. Synergy with Stakeholders. — The Department shall ensure close
collaboration and coordination with stakeholders, including CSOs, the academe, and
the private sector, in relation to disaster resilience programs and projects, and the
development and promotion of education and training mechanisms with relevant
stakeholders.



The Department shall establish a platform and mechanisms for coordination with
stakeholders, including the development of standard operating procedures for
collaboration in the event of a disaster.

Section 36. Establishment of a Multi—Stakeholders Convergence Unit. — The
Department shall, with the assistance of other relevant government agencies and
stakeholders, establish a MultiStakeholders Convergence Unit (MSCU) which shall
align the disaster resilience efforts of the private sector, CSOs, academe and other
stakeholders with that of the Department by assisting, coordinating or providing
services that strengthen public—private coordination in disaster resilience, including
the following:

a. Establishment and implementation of business continuity practices to ensure
the continued delivery of products and services in the event of a natural
disaster;

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

c. Establishment, incorporation, and application of business continuity plans as
part of the LDRP of LGUs;

d. Facilitation or assistance in obtaining or processing incentives for the private
sector or other non-government stakeholders, such as tax credits; and

e. Preparation and facilitating the issuance of special rules for Micro, Small, and
Medium Enterprises (MSMEs) such as mechanisms involving procurement
and liquidity to create enabling environments for disaster preparedness and
recovery.

The MSCU shall establish a platform that includes, among others, a database for
monitoring and coordinating efforts and resources of non-government stakeholders.
It shall be headed by one (1) of the Undersecretaries of the Department.

Section 37. Roles and Responsibilities of Stakeholders. — The commitment,
goodwill, knowledge, experience and resources of relevant stakeholders are critical
to realize a safer, adaptive, resilient and inclusive Filipino community. Citizens shall
have the shared vision and duty to provide support to the State in the implementation
of policies and programs, particularly the Disaster Resilience Framework and
Disaster Resilience Plan at the national, regional, and local levels.

a. Civil society, nongovermental organizations, international nongovernmental
organizations, private sector, DRRM 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 their engagement in the implementation of
local, regional, national, and global plans and strategies to enhance public
awareness and promote a culture of disaster resilience;

b. Women, children, and youth, as agents of change, shall endeavor to
contribute actively and participate in disaster resilience trainings and
information dissemination;


c. Senior citizens and persons with disabilities shall contribute their knowledge
and experience on disaster preparedness and resiliency;

d. Migrants and the urban and rural poor shall participate in building resilient
resettlement communities;

e. Emergency responders and volunteer organizations shall contribute to
resilience by promptly and efficiently responding to disasters and
emergencies consistent with the policies of the Department;

f. 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;

g. The private sector is encouraged to integrate disaster resiliency projects and
programs in their corporate social responsibility initiatives; and

h. The media shall provide prompt and accurate information to the public on
early warning systems, natural hazards, and disaster resilience activities of
the Department.

The Department, with the assistance of the ROs, shall establish and convene
a Disaster Resilience Assembly at the regional and national levels which shall be
held on a quarterly basis to ensure the proactive engagement of different
stakeholders, such as government agencies, the Union of Local Authorities of the
Philippines (ULAP), League of Cities of the Philippines (LCP), League of
Municipalities of the Philippines (LMP), CSOs, NGOs, academe, DRRM
practitioners, and the private sector, to ensure and foster coordination and
collaboration towards achieving the goals of this Act.

LGUs may convene local DRAs within their jurisdictions, as necessary for the
attainment of disaster resilience at the local level

Section 38. Recognition and Incentives. — The Department, in partnership with
the private sector, shall establish an incentives program that shall recognize the
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 disasters subject to existing
laws, rules and regulations.

ARTICLE Vil
PREPAREDNESS AND INTEGRATED EARLY WARNING

Section 39. Standards for Disaster Preparedness Activities.

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


b. 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 Relief Protection Act’, to avoid
disruption of school classes and lessen the use of school buildings and
facilities as evacuation centers.

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

Section 40. Multi-Hazard Early Warning and Risk Communication Standards. —
There shall be a streamlined policy governing early warming systems and risk
communication protocols to ensure effective and efficient measures to prepare for,
respond to and recover from potential risks and disasters.

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
nongovernmental organizations for proper use and application.

Section 41. Early Warning Mandate.

a. The Department shall issue an integrated early warning alert for the
impending occurrence of hazards that will enable the public to prepare in time
and act appropriately to minimize potential harm or loss.

b. The Department at the national and local 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. It shall work with other agencies or organizations on pre-crisis
information mapping of the humanitarian needs of at-risk communities that will
enhance the overall prepositioning of resources at the national and local level.

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

d. The Department shall recognize and proactively support local or indigenous
modes 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 social media to empower local
communities and individuals. Any person who transmits early warning
concerning the above-mentioned phenomena by means of signs in esigns,
colors, lights, or sound shail do so in compliance with the methods recognized
or approved by the Department.

ARTICLE VIII
HUMANITARIAN ASSISTANCE


Section 42. 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 acceptance of humanitarian assistance donated to
the Department, consisting of, among others, food, clothing, medical
assistance, equipment, and materials for relief, recovery and other disaster
management activities, are hereby authorized in accordance with Sections
120 and 121 of Republic Act No. 10863, otherwise known as the “Customs
Modernization and Tariff Act (CMTA)", and the prevailing provisions of the
General Appropriations Act covering national internal revenue taxes and
import duties of national and local government agencies.

Section 43. International Humanitarian Assistance. — The Department, in
consultation with the Bureau of Immigration and the Bureau of Customs shall
promulgate guidelines on international humanitarian assistance, including the
initiation, entry, facilitation, transit, regulation and termination thereof, as well as
those involving international disaster relief and personnel assisting international
actors, visa waiver, recognition of foreign professional qualifications, entry of
international disaster goods and equipment, and exemption from port duties, taxes,
and restrictions,

Section 44. Assessment of the Need for International 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 international 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
Department shall recommend to the President that a request be made for
international humanitarian assistance.

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

Section 45. 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:

. Bureau of Customs;

Department of Foreign Affairs;

Department of Social Welfare and Development;
Department of Health;

Food and Drug Administration;

Department of Agriculture;

Department of Energy;

Department of National Defense;

Philippine National Police;

Philippine Coast Guard;

. Department of Transportation;

Department of Environment and Natural Resources; and
m. Bureau of Immigration.

crc rsespaogD

Section 46. Request for International Humanitarian Assistance.

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

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

Section 47. 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 Implementing Rules and Regulations 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.

Section 48. Humanitarian Relief for Human-Induced Disasters. — The Secretary
of the Department of Disaster Resilience shall have the authority to provide
humanitarian relief in the consequence management of human-induced emergencies
such as acts of terrorism, insurgency, fire, and other related human-induced
disasters.


ARTICLE IX
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO FOREIGN
STATES

Section 49. Offer and Facilitation of International Humanitarian Assistance to
Foreign States. — In the event of a disaster occurring in a foreign State for which
international humanitarian assistance is required, the Department, in coordination
with 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.

Section 50. Accreditation. — The Department, in coordination with relevant
government agencies and organizations, shall provide and facilitate the necessary
training and accreditation to the respective government personnel to be deployed for
such offer, facilitation and provision of international humanitarian assistance to a
foreign State.

ARTICLE X
DECLARATION OF STATE OF CALAMITY

Section 51. Declaration of State of Calamity. — The Department shall recommend
to the President the declaration of a state of calamity, whether in whole or part of an
area, in case of an extraordinary disaster wherein the repercussions on public safety
and welfare are serious and far-reaching.

Section 52. Conditions for the Declaration of a State of Calamity. — The
President shall declare a state of calamity when all of the following requisites are
present:

a. There is a grave, unforeseen, or sudden occurrence which demands
immediate action;

b. The occurrence was caused by a natural disaster;

c. The occurrence is likely to cause a threat to life and/or danger to property;
and

d. The declaration of a state of calamity shall cover a limited period only.

Section 53. Mandatory and Remedial Measures. — The declaration of a state of
calamity shall allow the immediate implementation of any or all of the following
remedial measures:

a. Imposition of price ceiling on basic necessities and prime commodities by the
President upon the recommendation of the implementing agency as provided
for under Republic Act No. 7581, otherwise known as the “Price Act’, or the
National Price Coordinating Council;

b. Monitoring, prevention and control by the Local Price Coordination Council of
overpricing or profiteering and hoarding of prime commodities, medicines and
petroleum products;


c. Grant of tax credits or exemptions by the BIR, upon the recommendation of
the President or the Department; and

d. Use of alternative methods of procurement under Article XVI of Republic Act
(RA) No. 9184, otherwise known as the “Government Procurement Reform
Act’, its implementing rules and regulations (IRR) and other issuances of the
Government Procurement Policy Board by the Department, LGUs or the
relevant government instrumentalities in relation to the urgent procurement of
emergency works, goods and services to effectively respond to, quickly
respond to disasters, and build forward better.

ARTICLE XI
RECOVERY

Section 84, Standards for Recovery. — The Department shall observe
intemationally accepted standards for recovery, planning, 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 request

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

d. Employ outcome-driven planning and implementation;

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

ARTICLE XI
FUNDS AND RESOURCES

Section 55. Fund Regulations. — The DBM and COA shall establish rules and
regulations to ensure that funds required for disaster response, recovery, and
rehabilitation are available and/or released efficiently and expeditiously through
innovative budgeting and auditing mechanisms.

Section 56. Local Disaster Resilience Fund and Local Disaster Contingency Fund. —
LGUs shall annually set aside not less than five percent (5%) of their local budget, to
constitute a Local Disaster Resilience Fund (LDRF). The LGU shall use its LDRF to
maintain and operate its LDRO to maintain the officers, employees and staff of the
LDRO, and to implement plans, programs and 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.


Section 57. Supplemental LDRF. — The Department may allocate and disburse
funds to supplement an LGU's LDRF based on parameters and requirements
indicated in the IRR. In determining such parameters and requirements, the IRR
shall aim to provide supplemental funds to LGUs with low income and/or high
exposure to natural hazards. Supplemental LORFs shall, as much as possible, fill
gaps or shortages in LGU resources to ensure that LGUs can implement disaster
resilience measures such as, among others, implementing their LDRP or Provincial
LDRP, establishing their LDROs or PDROs, obtaining and/or maintaining the
necessary equipment and staff in their LDROs or PDROs, and implementing the
NDRF and the NDRPIP at the local levels.

Section 58. National Disaster Resilience Fund.

a. The National Disaster Risk Reduction and Management Fund (NDRRM Fund)
created under Section 22 of Republic Act No. 10121, otherwise known as the
“Philippine Disaster Risk Reduction and Management Act of 2010",
appropriated under the annual General Appropriations Act is hereby renamed
as the National Disaster Resilience Fund (NDRF) and shall be managed and
controlled by the Department. The NDRF shall be used for disaster risk
reduction or mitigation, prevention, and preparedness activities such as
training of personnel, procurement of equipment, and capital expenditures. It
can also be utilized for relief, recovery, reconstruction, and other work or
services in connection with natural or human-induced calamities which may
‘occur during the budget year or those that occurred in the past two (2) years
from the budget year.

b. Thirty percent (30%) of the amount appropriated for the NDRF shall be
allocated as Quick Response Fund (QRF) or stand-by fund and shall also be
under the management and control of the Department. The QRF shall be
used for relief and recovery programs to quickly normalize the situation and
living conditions of people in communities or areas stricken by disasters,
calamities, epidemics, or complex emergencies, and other related programs,
projects and activities formulated at the national level

Section 59. People’s Survival Fund. — The Secretary of the Department shall be a
member of the People's Survival Fund Board mandated to manage and administer
the People’s Survival Fund created under Republic Act No. 10174, otherwise known
as the “Climate Change Act of 2009", and facilitate its utilization by LGUs, through
ROs, to implement climate change adaptation projects of LGUs, and equip
vulnerable LGU communities against the impacts of climate change.

Section 60. Multi-Donor Trust Fund. — The Department shall create and manage,
together with the 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.


Section 61. Donations Management. — The Department shall have the power to
receive and manage donations from any person or entity, whether from local or
international sources.

The importation by, and donation 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 Sections
120 and 121 of Republic Act No. 10863, otherwise known as the “Customs
Modernization and Tariff Act (CMTA), and the prevailing provisions of the General
Appropriations Act covering national internal revenue taxes and import duties of
national and local government agencies.

Section 62. Regulation of Donations. — The Department shall establish and
operate a platform, including an online platform, to facilitate, monitor, and provide
public access to information on donations. To ensure complete accounting and
reporting of donations, the Department shall formulate and issue rules and
guidelines for the receipt, management and accounting of donations, which are
consistent with the rules on the use of foreign and local aid during calamities and
disasters issued by COA and other relevant government agencies.

ARTICLE XIill
SPECIAL RULES ON BORROWING, TAXES, ECOZONES AND PROCUREMENT

Section 63. Rules on Borrowing. — The LGUs shall coordinate with the DOF,
Bangko Sentral ng Pilipinas (BSP), and other relevant agencies to access foreign
loans to implement disaster prevention, mitigation, early recovery, and rehabilitation
measures at the provincial, city, or municipal level.

Section 64. Special Rules on Tax and Duties. — To facilitate prompt and efficient
response to, and/or recovery from disasters, the following shall be granted special
exemptions from existing taxation laws, rules, and regulations:

a. Foreign disaster assistance or international donations coursed through the
Department shall be exempted from taxes and import duties;

b. Local disaster assistance shall be exempted from donor's tax and allowing the
treatment of donations as a deductible expense for local disaster assistance
coursed through the Department;

c. Goods or services donated from abroad coursed through the Department
shall be exempted from the value added tax (VAT); and

d. Aid or assistance rendered by members of the private sector or their
investments in disaster resilience and climate change adaptation measures
for their residence, communities or businesses.

LGUs may also implement local tax rules which would grant disaster victims
reasonable reduction, exemption, or deferment of local taxes or other types of tax


assessments; or take other necessary action at the local level to provide tax relief to
disaster victims.

Section 65. Customs Duties and Tariffs on Donations. — The BOC shall create
rules which would, among others, hasten the processing and release of donated
goods and equipment to disaster victims and/or affected areas pursuant to Sections
120 and 121 of Republic Act No. 10863, otherwise known as the “Customs
Modernization and Tariff Act (CMTA)”.

Section 66. Economic Recovery and Development of Disaster-Prone Areas.

a. The Department, in coordination with the Department of Trade and Industry
(DTD and other relevant agencies, shall create and provide policies,
programs, and projects, such as, business tax relief and subsidies, to
encourage business investments, and to stimulate economic activities in
affected or disaster-prone areas.

b. The Department, in collaboration with the relevant LGUs and other
stakeholders, shall 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 affected or disaster-prone areas.

Section 67. Procurement. — The Department, ROs, or LGUs may resort to any of
the Alternative Methods of Procurement provided in RA No. 9184, including
Negotiated Procurement (Emergency Cases) under Section 53(b) of RA No. 9184, in
any of the following instances:

a. Incase of imminent danger to life or property during a state of calamity;
b. When time is of the essence arising from natural or man-made calamities; and
c. Other causes where immediate action is:
i. To prevent damage to or loss of life or property, or
ji, Restore vital public services, infrastructure facilities and other public
utilities.
iii. Furthermore, the Department, ROs, or LGUs may use Shopping under
Section 52(a) of RA No, 9184, when there is an unforeseen
contingency requiring immediate purchase.

Section 68. Alternative Modes of Procurement. — The Department, ROs, or
LGUs may resort to any of the Alternative Methods of Procurement provided in RA
No. 9184, including but not limited to, Shopping and Negotiated Procurement
(Emergency Cases) under Sections 52(a) and 53(b) of RA No. 9184.

The Department, ROs, or LGUs may also use Framework Agreements in
accordance with the rules and regulations of the GPPB.

Section 69. Special Rules on Procurement for Reconstruction and
Rehabilitation of Affected Areas.


a. The GPPB 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
quality-oriented goods, materials, and equipment and to guarantee effective,
efficient, and speedy procurement to 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 restrictions, or exemption from, or reduction of, customs duties.

Section 70. Procurement from Qualified Suppliers or Contractors. — 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 in accordance
with RA No. 9184, its IRR and other issuances of the GPPB.

Section 71. Framework Agreements. — The Department shall have authority to
enter into Framework Agreements for the purpose of, among others, establishing a
logistics system for the efficient and prompt distribution of goods, equipment or other
materials required for disaster response and management; securing food, medicines,
fuel, or other supplies from groceries, pharmacies, gas stations or other sources in
the event of a disaster in a specific area; ensuring an alternative source of power or
water from private utilities in the event of a disaster in a Specific area; or arranging
the immediate supply of other goods, services or equipment necessary for disaster
response and management. The conditions, limitations and parameters of contracts
or arrangements authorized under this section shall be provided in RA No. 9184 and
its 2016 IRR.

Section 72. Other Procurement Rules and Policies. — in view of the urgency and
avoid unnecessary delays to procure goods, services, and implement projects 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 GPPB shall issue appropriate resolutions,
orders, and policies to effectively implement the provisions of this Act.

ARTICLE XIV
DISASTER RISK TRANSFER AND INSURANCE

Section 73. Mandated Insurance Coverage. — To attain disaster resilience and
achieve the purposes of this Act, the Department shall have the discretion and
authority to require government agencies, government-owned and controlled
corporations (GOCCs), or LGUs to insure their assets and/or properties such as,
among others, vessels, vehicles, equipment, machineries, permanent buildings,
properties stored therein, or properties in transit against insurable risks and pay the


premiums therefor, to compensate the Government, GOCC or LGU, as applicable,
for any damage to, or loss of, properties due to a natural disaster.

ARTICLE XV
YOUTH ASSISTANCE AND PARTICIPATION

Section 74. Youth Organizations. — The Department, with the assistance of the
National Youth Commission (NYC), shall create policies, projects, and programs that
address the special needs of the youth for disaster preparedness and management
which shalll include, among others:

a. Supporting youth-oriented pre and post-disaster activities;

b. Conducting disaster risk training and management programs involving the

youth;

c. Coordinating with the Department of Education to create school curricula or
programs that educate and train children on disaster risk awareness and
disaster preparedness;

|. Mobilizing youth organizations; and

e. Encouraging the participation of the youth, through the barangay youth

representative and the Sangguniang Kabataan (SK) to participate in disaster
resilience and disaster management activities.

a

Section 75. Youth Oriented Disaster-Related Programs, Policies, and Projects.

a. The Department, with the assistance of the National Youth Commission, shall
provide training on, and implement, response and rehabilitation programs for
the youth, including mental health and psycho-social services.

b. The Department, in collaboration with the Department of Education (DepEd),
the Technical Education and Skills Development Authority (TESDA) and other
relevant agencies, shall integrate disaster risk and disaster resilience
education in the school curriculum.

Section 76. Comprehensive Emergency Program for Children, Pregnant and
Lactating Mothers. — The Department shall establish and implement a
comprehensive emergency program to provide emergency relief and protection to
children, and pregnant and lactating mothers in the event of a natural disaster.

ARTICLE XVI
PROHIBITED ACTS AND PENALTIES

Section 77. 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
78 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 duty which 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, Water Code, and other
relevant laws, thereby increasing the risk of disasters or adversely
affecting of disaster resilience;

3. Failure to expeditiously act on reported violations;

4. Failure to create LDRO(s) or PDRO(s) and appoint a permanent Local
or Provincial Disaster Resilience Officer within six (6) months from the
approval of this Act; and

5. Failure to prepare and implement an LDRP or PDRP, as applicable or
a contingency plan for hazards frequently occurring within their
jurisdiction.

b. Prohibited Acts of Public Officials and Private Persons or Institutions:

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

2. Withholding the distribution of relief goods due to:

i. political or partisan considerations;
discrimination based on race, 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 resale, from disaster relief agencies any
relief goods, equipment or other and commodities which are intended
for distribution to disaster affected communities;

5. Buying, for consumption or resale, from the 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 failing to deliver 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 intended for or consigned to other rightful
Tecipient or consignee;

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

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

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 or persons or was released
upon the instance of a particular agency or person;

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

41.Substituting or replacing relief goods, equipment or other aid
commodities with the same items or inferior or cheaper quality;

12. Illegal soliciting of relief goods, equipment or other aid commodities by
persons or organizations representing others as defined in the
standards and guidelines set by this Act's IRR;

13.Deliberately using false or inflated data in support of the request for
funding, relief goods, equipment or other aid commodities for
emergency assistance or other projects; and

14.Tampering with or stealing hazard monitoring and disaster
preparedness equipment and paraphernalia.

Section 78. Penalties. — Any individual, corporation, partnership, association or
other juridical entity that commits any of the prohibited acts in the preceding Section
shall be made liable for the following:

a. A fine of not less than One hundred thousand pesos (PhP 100,000.00) or not
to exceed Five hundred thousand pesos (PhP 500,000.00), or imprisonment
of not less than six (6) months and one (1) day nor more than twelve (12)
years, or both, at the discretion of the court, including perpetual
disqualification from public office if the offender is a public officer, and
confiscation or forfeiture in favor of the government of the objects and the
instrumentalities used in committing any of herein prohibited acts;

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

c. If the offender is a public officer, the offense shall also be punishable by
administrative suspension of six (6) months and one (1) day to one (1) year
for the first offense, and dismissal from the service for the second offense.
The penalty of dismissal shall carry with it the cancellation of eligibility to or
forfeiture of retirement benefits, perpetual disqualification from holding public
office and disqualification from taking civil service examinations.

Acts committed in violation of this Section shall be without prejudice to the
imposition of other criminal, civil and administrative liabilities under other existing
laws.


Section 79. Liability for Unlawful Performance of Duties and State Liability in
Case of Defense Litigation. — \n case a lawsuit is filed against an officer or
employee of the Department as a result of the performance of official duties, and
such performance was found to be lawful, the officer shall or employee shall be
reimbursed by the Department for reasonable costs of litigation. For this purpose, the
Department is authorized to procure the applicable liability insurance for its officers
and employees.

Section 80. Disciplinary Powers of the President. — The President, upon the
recommendation of the Department Secretary, shall impose administrative sanctions
against local chief executives and barangay officials for willful or negligent acts
performed in the implementation of, or compliance with, this Act and its IRR or
relating to their official functions which adversely affect disaster resilience projects
such as delayed issuance of permits or failure to implement local ordinances.

ARTICLE XVII
SPECIAL COURTS AND INJUNCTIONS

Section 81. 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 establish special courts to hear,
try, and decide cases arising from the following, among others:

a. Implementation of the government's policies, plans, programs, projects and
budget related to the NDRPIP, LDRP, PDRP, other disaster resilience
activities, or pursuant to the provisions of this Act;

b. Construction of new settlements, or relocation of informal settlers or
settlements, to promote disaster resilience;

c. Expropriation, eminent domain or right-of-way issues relating to the
implementation of disaster resilience projects;

d. Failure to comply with standards for disaster preparedness and continuity
planning, including, but not limited to infrastructure standards and designs;

e. Declaration of state of calamity under Article X of this Act;

f. Imposition of tax, customs duties, or the implementation of tax relief,
exemptions, reductions and other tax or customs rules and. regulations in
relation to donations, disaster assistance, or other tax policies implemented
by the BIR or BOC pursuant to the provision of this Act;

g. Commission of prohibited acts under Article XVI of this Act;

h. Disputes involving donations, relief goods, or contracts executed or
implemented pursuant to the provisions of this Act; and

i. Other matters relating to achieving the purposes of this Act which the
Supreme Court may determine as falling under the jurisdiction of the special
courts created pursuant to this Section. .

Section 82. 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 ROs;

. Contracts 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.

9

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

Section 83. Special Prosecutors. — The Ombudsman shall designate special
prosecutors to handle and prosecute violations of this Act involving public officials
and employees.

Section 84. Imposition of Temporary Restraining Order. — No Court, except the
Supreme Court, shall have the powers 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 XVIII
FINAL PROVISIONS

Section 85. Transfer.

a. The disaster risk reduction and management powers, functions, assets,
personnel, fund and appropriations of the Office of Civil Defense (OCD)
currently under the DND, are hereby transferred to the Department, and the
civil defense functions shall remain with the DND. The existing organizational
and administrative systems and processes of the OCD, as transferred, shall
serve as the core organization of the Department.

b. The applicable powers, functions, funds and appropriations of the Disaster
Response Assistance and Management Bureau and the National Resource
and Logistics Management Bureau under the DSWD, are hereby transferred
to the Department.

c. The NDRRMC is 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 consequence management of human-induced disasters, as
provided for by existing laws.

The Department shall, by virtue of this Act, be subrogated to all the rights and
assume all the liabilities of the agencies transferred under this Act, and all their
funds, records, property, assets, equipment, and such personnel as necessary,
including unexpended appropriations or allocations. All contracts and liabilities of the
said agencies are hereby transferred to and assumed by the Department and shall


be acted upon in accordance with the Auditing Code and other pertinent laws, rules,
and regulations.

Section 86. Coordination and Convergence with the Climate Change Commission. -
The Department, and the Climate Change Commission, pursuant to its mandate
under Republic Act No. 9729, as amended, shall establish and implement a
convergence mechanism to facilitate coordination on the following areas:

a. Conduct of current and future climate and disaster risk assessment as basis
for sustainable development and resilient investment planning and
programming at the national, sectorial, and local levels;

b. Establishment of a National Integrated Climate and Disaster Risk Information
‘System, a singular platform for integrating and sharing climate and disaster
risk information;

c. Development and implementation of capacity-building and _ technical
assistance programs for local government units and stakeholders on climate
change adaptation and disaster risk reduction;

d. Monitoring and evaluation of progress of implementation of national, sectorial,
and local plans and programs on climate change adaptation and disaster risk
reduction; and

e. Development of knowledge exchange platforms and implementation of
information, education, and communication programs, including good
practices on Climate Change Adaptation and Disaster Risk Reduction.

Section 87. Transitory Provision. - The transfer of functions, assets, funds,
equipment, properties, transactions, and personnel of the affected and transferred
agencies, and the formulation of the internal organic structure, staffing pattern,
operating system, and revised budget of the Department, shall be completed within
two (2) years from the effectivity of this Act, during which time the existing personnel
shall continue to assume their posts in holdover capacities until new appointments.
are issued: Provided, That, after the abolition of the agencies as specified in Section
85 of this Act, the Department, in coordination with the DBM, shall evaluate, abolish
old and/or create new positions.

Section 88. Interdepartmental Relations and Coordination. — The DDR shall
continuously call upon the following departments:

a. DOST for the Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA) and Philippine Institute of Volcanology and
Seismology (PHIVOLCS);

b. DENR for the Geohazard Assessment and Engineering, Geology Section of
the Mines and Geosciences Bureau (MGB); (c) DOH for the Health
Emergency Management Bureau (HEMB); and

¢. DILG for the Bureau of Fire and Protection

Provided, that DDR and these departments shall establish systems and
protocols for fostering interdepartmental relations and close coordination, through
sustained sharing of data, information technology, facilities, and other resources


critical to the DDR, among others; Provided, further, That the said agencies will
cooperate fully with the DDR, in anticipation of, during and as necessary in the
determination of the DDR Secretary, and perform agency mandates in close
coordination with DDR as circumstances warrant in the aftermath of emergencies
and disasters: Provided, finally, that PAGASA, PHIVOLCS and the Geohazards Unit
of the MGB shall provide staff augmentation to DDR Operations Center as the need
arises.

Section 89. Transfer of Resources. — The transfer of powers and functions of
agencies listed in Section 85 shall include the corresponding funds and
appropriations, plantilla positions, records, equipment, facilities, and properties of
‘such agencies, subject to the power of the Department to reorganize or reallocate
the resources and positions from such agencies, as may be necessary to attain the
objectives of this Act.

Section 90. 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 (PMOERG), as created
pursuant to Executive Order No. 52, s. 2018, shall be transferred to the Department
under the supervision and control of the Secretary and shall continue to exercise its
mandated functions.

Section 91. Post-Disaster Shelters. — The Department shall establish a post-
disaster shelter recovery policy framework for low-income or informal settler families,
with the assistance of the appropriate housing agencies and the concerned LGUs. It
shall, among others, determine the appropriate shelter modalities depending on the
following post-disaster phases: emergency, temporary or transitional, and
permanent. The Department shall likewise identify, assess, and designate safe
zones where the appropriate shelters shalll be built.

Section 92. Cultural Heritage. — To protect, preserve, and promote the nation’s
historical and cultural heritage, the Department shall assist the appropriate cultural
agencies and the appropriate LGUs to give priority protection and restoration to all
national cultural treasures or national historical landmarks, sites, or monuments in
Post-disaster recovery or rehabilitation measures.

Section 93. Indigenous People.

a. The Department shall, with the assistance of the National Commission on
Indigenous Peoples (NCIP) and the concemed LGUs, devise and implement
mechanisms that foster social protection for indigenous communities that are
‘vulnerable to the effects of natural disasters.

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


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

Section 94, Livelihood. — The Department shall, with the assistance of the relevant
government agencies, such as the DTI and Department of Labor and Employment
(DOLE), establish policies and programs to restore and/or generate livelihood in
areas affected by natural disasters.

Section 95. Structural Audit of Government Buildings. — The Department, with
the assistance of the DPWH and other relevant government agencies and
stakeholders, shall ensure and conduct structural audit, as often as necessary, on
government buildings, especially those located in congested and disaster-prone
areas, to ensure structural integrity and disaster risk of urban buildings and to
prevent the loss of life and property in the event of an anticipated natural disaster.

Section 96. Magna Carta Benefits. — Qualified employees of the Department
including those of its attached agencies, shall be covered by and entitled to the
benefits under Republic Act No. 8439, otherwise known as the “Magna Carta for
Scientists, Engineers, Researchers and other Science and Technology Personnel in
the Government”; and Republic Act No. 7305, otherwise known as the “Magna Carta
of Public Health Workers"; and Republic Act No. 9433, otherwise known as the
“Magna Carta for Public Social Workers”.

Section 97. Hazard Pay. — Qualified personnel of the Department and the local
disaster resilience offices are entitled to receive hazard pay, subject to existing
policies and guidelines.

Section 98. Separation Benefits of Officials and Employees of Affected
Agencies. — Public sector employees who have been displaced or separated from
the service pursuant to reorganization under this Act shall be entitled to separation
pay, retirement and other benefits in accordance with Republic Act No. 6656 or the
Government Reorganization Law, and other laws, and rules and regulations issued
by the Civil Service Commission on government reorganization.

In no case shail there be any diminution of benefits under the separation plan
until the full implementation of this Act.

Employees who shall be displaced or separated as a result of the
implementation of this Act shall be given preference for appointment in the
Department and in other government agencies if they meet the qualification
requirements of the positions. No new employees shall be considered for
appointment until all incumbent employees have been placed. The placement of an


incumbent employee to a higher position which constitutes a promotion shall not be
allowed until all incumbent employees have been placed to comparable positions for
which they are considered.

Section 99. Appropriations. — The amount necessary for the initial implementation
of this Act shall be taken from the current fiscal year’s appropriations of all agencies
herein absorbed, and transferred 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.

Section 100. Implementing Rules and Regulations. — The Department, DBM,
GPPB, DND, DOF, DILG, DOST, NEDA, DSWD, CSC, and the Career Executive
Service Board (CESB), the House and Senate Committees on Government
Reorganization, and representatives from relevant government agencies, academe,
business sector, non-government organizations, and civil society organizations shall
prepare and issue the implementing rules and regulations (IRR) to implement this
Act within ninety (90) days from its effectivity.

Section 101. Joint Congressional Oversight Committee on Disaster Resilience.
— There shall be created a Joint Congressional Oversight Committee on Disaster
Resilience to monitor the implementation of this Act. The Committee shall be
composed of six (6) members of the House of Representatives and six (6) members
of the Senate 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.

The Joint Congressional Oversight Committee on Disaster Resilience shall be
assisted by a secretariat to be composed by personnel under secondment from the
Senate and the House of Representatives and may retain consultants.

Section 102. Mandatory Review. — Within five (5) years after the effectivity of this
Act, or as the need arises, the Congressional Oversight Committee shall conduct a
systematic evaluation of the accomplishments and impacts of this Act, as well as the
performance, and organizational structure of the Department, for purposes of
determining remedial legislation.

Section 103. 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.

Section 104. Separability Clause. — If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions or parts thereof not otherwise
affected shall remain in full force and effect.


Section 105. Repealing Clause. — The provisions of Republic Act No. 10121,
otherwise known as the “Philippine Disaster Risk Reduction and Management Act of
2010”; Republic Act No. 7160, otherwise known as the “Local Government Code of
1991”; Republic Act No. 7916, otherwise known as “The Special Economic Zone Act
of 1995"; 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.

Section 106. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,