Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3214

House Bill No.

Introduced by Rep. BERNADETTE “BH” HERRERA-DY

- EXPLANATORY NOTE

Philippines is one of the countries that experiences a number of calamities such as
typhoons. In a typical year, around nineteen or more tropical storms enter the
Philippine area of responsibility and of these, usually six or nine make landfall.
Natural disasters of increasing magnitude and frequency, such as typhoon
Haiyan, have continued to affect our country, which is now the second most
vulnerable in the world to disasters and climate change. Nearly 74 percent of the
population and 80 percent of the land area are identified as vulnerable to disasters,
with the capital of Manila considered at "extreme risk." This "new normal” requires
a more focused and in-depth attention in the way we understand, prepare and
respond to natural disasters.

Despite all the disaster preparation and coordination plans, there were
still significant losses, injury, and damage to property when Typhoon Yolanda
(Haiyan), considered as the world's strongest typhoon ever recorded, struck
Philippine territory. Notwithstanding the government's efforts and preparations,
thousands of people perished during said Typhoon. Damage to business,
properly and agriculture were of such magnitude that economic activities were
placed on standstill

In line with this, it is high time that we create a truly empowered
Department in the Government that will focus on natural hazards and
disasters; and characterized by unity of command, a science-and ICT-based
approach, and to take charge of three (3) key result areas: (a) disaster risk
reduction; (b) disaster preparedness and response; and (c) recovery,
rehabilitation and building forward better. As the country's primary disaster
management agency, the Department of Disaster Resilience shall integrate and
define what needs to be done. where it needs to be done, based on what
standards, how it should be done and how well it should be done.

This new department which will be called the Department of Disaster
Resilience will effectively improve the institutional capacity of the government
for disaster risk reduction and management, reduce the vulnerabilities
surrounding the affected local population as well as build the resilience of
local communities to both natural and man-made disasters and calamities.
Given its exposure to disaster risk, the Philippines cannot continue to have
a focal disaster organization that only has coordinative functions. Our personal
experience during typhoon Haiyanhas confirmed that the complexity of
large-scale disasters undermines existing policies and structures. The current
DRRM structure where authority is shared, responsibility is dispersed and
resources are scattered, renders it difficult to operate an appropriate and
immediate response, thus delaying critical disaster response and recovery.

With the lives, safety and the welfare of our people at stake, the
passage of this bill is earnestly sought

BERNADPTTE “

IERRERA-DY


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3214

House Bill No.

Introduced by Rep. BERNADETTE “BH” HERRERA-DY

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

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.
CHAPTER!
GENERAL PROVISIONS

SECTION 1. Short Title — This Act shall be known as the "Department of Disaster
Resilience Act".

SEC. 2. Declaration of Policies and Principles. — (a) Duties of the State. The State shall
carry out and harmonize the policies on disaster risk and vulnerability reduction and
management, environmental management, and climate change adaptation, and sustainable
development to uphold the welfare of the people particularly the vulnerable sectors of society.

The State shall uphold its commitment to the achievement of the sustainable development
goals specifically, integrating and implementing policies and plans towards inclusion, resource
efficiency, mitigation and adaptation to climate change, resilience to disasters, and develop and
implement a holistic disaster risk management at all levels in line with the Sendai Framework for
Disaster Risk Reduction 2015-2030.

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

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

(1) Uphold the people's constitutional right to life and property by minimizing, if
not eradicating, the root causes of vulnerabilities to disasters, strengthening the


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country's institutional capacity for disaster risk and vulnerability reduction and
management, and building the resilience of local communities to disasters including
climate change impacts, and human induced disasters;

(2) Incorporate intemationally accepted principles of disaster risk and vulnerability
reduction and management, and climate change adaptation, including universal
principles and standards for humanitarian assistance, developing and implementing
national, regional and local sustainable development and poverty reduction strategies,
policies, plans and budgets, as part of the country's commitment to overcome human suffering
due to disasters;

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

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

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

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

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

(8) Recognize and strengthen the capacities of LGUs, communities and multiple
stakeholders in mitigating and preparing for, responding to, and recovering from the
impact of disasters through identification of local risk patterns, and decentralized
powers, responsibilities, and resources at the regional and local levels;

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

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

(11) Adopt a disaster risk and vulnerability reduction and management approach

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that is holistic, comprehensive, integrated, and proactive in lessening the socioeconomic.
and environmental impacts of disasters including climate change, and promote the
involvement and participation of all sectors and all stakeholders concerned, at all levels,
especially the local community;

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

(2) Women and girls shalll contribute to and participate in effectively managing
disaster risk and designing, resourcing, and leading implementation of gender
sensitive disaster risk and vulnerability reduction and management policies, plans,
and programs;

(3) Children and the youth as agents of change shall endeavor to actively
contribute to disaster risk and vulnerability reduction, in accordance with legislation,
national practice, and educational curricula; disaster risk reduction and management at
all levels and processes of disaster risk and vulnerability reduction and anticipatory
adaptation, including data gathering, planning, programming, budgeting,
implementation, monitoring and evaluation;

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

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

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

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

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

Farmers and fisher folk shall contribute to the promotion and protection of the
environmental resource management that will secure food and nutrition resilience through

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the integration of disaster risk and vulnerability reduction into sustainable development
policies and planning;

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

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

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

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

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

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

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

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

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

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

(f) Capacity refers to the combination of all strengths, attributes and resources available
within a community, society or organization that can reduce the level of risk, or impacts of a


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

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

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

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

() Climate Finance refers to finance that aims at reducing emissions, and enhancing
sinks of greenhouse gases and aims at reducing vulnerability of, and maintaining, and
increasing the resilience of, human and ecological systems to negative climate change
impacts.

(k) Community-Based Disaster Risk Reduction and Management (CBDRRM) refers
to a process of disaster risk reduction and management in which at risk communities
are actively engaged in the identification, analysis, treatment, monitoring and
evaluation of disaster risks in order to reduce their vulnerabilities and enhance their
capacities, and where the people are at the heart of decision-making and implementation
of disaster risk reduction and management activities.

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

(m) Contingency Planning refers to a management process that 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.

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

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

(p) Disaster refers to a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses and impacts,
which exceeds the ability of the affected community or society to cope using its own
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(q) Disaster Mitigation refers to the lessening or limitation of the adverse impacts of hazards
and related disasters. Mitigation measures encompass engineering techniques and
hazard-resistant construction as well as improved environmental policies and public
awareness, land use planning, and climate change.

(r) Disaster Preparedness refers to the knowledge and capacities developed by
governments, professional response and recovery organizations, communities and individuals to
effectively anticipate, respond to, and recover from, the impacts of likely, imminent or
current hazard events or conditions. It includes preparedness for response such as contingency
planning, stockpiling of equipment and supplies, the development of arrangements for
coordination, evacuation, and public information, and preparedness for recovery such as
procurement of land for resettlement sites,

(s) Disaster Prevention refers to the outright avoidance of adverse impacts of
hazards. It expresses the concept and intention to completely avoid potential adverse impacts
through action taken in advance such as construction of dams or embankments that
eliminate flood risks, land-use regulations that do not permit any settlement in high-risk
zones, and seismic engineering designs that ensure the survival and function of a critical
building in any likely earthquake.

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

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

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

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

(x) Disaster Risk Reduction refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters, including
through reduced exposure to hazards, lessened vulnerability of people and property, wise
management of land and the environment, and improved preparedness for adverse events,

(y) Disaster Risk and Vulnerability Reduction (ORVR) refers to the concept and practice of
reducing potential loss of life, injury, or destroyed or damaged assets or disruption which could
occur to a system, society or a community in a specific period of time, determined
probabilistically and conditions determined by physical, social, economic and environmental
factors or processes which increase the susceptibility of an individual, a community, assets or
system to the impacts of hazards through systematic efforts to analyze and reduce the causal
factors of disasters all of which contribute to strengthening resilience and therefore to the

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achievement of sustainable development.

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

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

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

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

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

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

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

(a9) Gender-Based Violence refers to violence that is directed against a woman because
of her gender, or that affects women disproportionately. It includes acts that inflict physical,
‘mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of
liberty.

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

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

(i) Hazard refers to a dangerous phenomenon, either natural or human-induced, that
may cause loss of life, injury or other health impacts, property damage, loss of livelihood and
services, social and economic disruption, or environmental damage.

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

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armed conflict, situations of generalized or organized violence, and violation of human rights.

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

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

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

(00) International Personnel refers to the staff and volunteers of any assisting
actor providing disaster relief or initial recovery assistance, being persons who are neither
citizens of, nor domiciled in the Philippines prior to their recruitment by the international
assisting actor.

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

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

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

(ss) National Continuity Policy refers to a policy aimed at the development of an
organizational culture that has the ability to provide a minimum level of service during
interruptions, emergencies, and disasters, and retum to full operations quickly.

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

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

(w) Natural Hazard refers to naturally occurring physical phenomena caused either by
rapid or slow onset events which can be geological such as earthquakes, ground rupture,
liquefaction, landslides, tsunamis, sinkholes, and volcanic activity: hydrological and
meteorological such as floods, severe winds, typhoons, storm surges, climatological
variability such as extreme temperatures, El Nifio, La Nina, forest fires, or biological such



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as disease, epidemics and insecVanimal plagues.

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

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

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

(zz) Post-Disaster Recovery refers to the restoration and improvement, where
appropriate, of facilities, livelihood, and living conditions of disaster-affected communities,
including efforts to reduce disaster risk factors, in accordance with the principle of "Build
Forward Better"

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

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

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

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

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

(fff) Risk Assessment refers to a methodology which includes risk assessment with
mapping to determine the nature and extent of risk by 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

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

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incomplete understanding and measurement of the hazards, exposure, and vulnerability.

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

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

(ii) State of Calamity refers to a condition involving mass casualty and/or major
damage to property, disruption of means of livelihoods, roads, and normal way of life of
people in the affected areas as a result of the occurrence of natural or human-induced hazard.

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

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

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

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

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

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

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

(1) Youth refers to those persons aged fifteen (15) to thirty (30) years old, as
provided for under Republic Act No. 8044, otherwise known as “Youth in Nation-Building
Act"

CHAPTER It
DEPARTMENT OF DISASTER RESILIENCE

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

The Department shalll 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.

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

The Department shall augment the capacity of LGUs in collaboration with relevant
national government agencies and other

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

SEC. 6. Powers and Functions of the Department. — The Department shall exercise
and perform the following powers and functions;
(a) Risk Reduction

(1) Oversee, direct, and undertake programs and projects to identify, assess, prioritize and
localize hazards and risks in the country, in consultation with national government agencies,
LGUs, communities, and stakeholders that shall be involved in disaster risk reduction efforts;

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

a Design and implement an incentive system for greater private and public investment, both
local and national, in disaster risk reduction;

(O Oversee and ensure the mainstreaming of climate change adaptation and disaster risk
reduction in development planning, including disaster-proofing and climate-proofing of land-use
plans and the preparation of contingency plans;

(5) Create an enabling environment for the design of relevant and appropriate risk-sharing
and risk-transfer instruments;

(©) Create an enabling environment that shall promote broader multi-stakeholder
participation and integrate climate change mitigation, adaptation, and disaster risk and
vulnerability reduction;

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

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

(9) Formulate the National Disaster Resilience Framework, National Disaster
Resilience Plan, and the National Continuity Policy;

(10) Oversee and direct the comprehensive implementation of disaster risk
reduction and climate change adaptation and mitigation policies, plans, and
programs, as embodied in the National Disaster Resilience Framework and National
Disaster Resilience Plan;

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

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

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(b) Disaster Preparedness and Response

(1) Oversee and maintain a national early-warning and emergency alert
system that shall provide accurate, timely, and accessible information to national and
local emergency response organizations and the general public;

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

(3) Establish and maintain a national humanitarian logistics system with a network of
warehouses, transport, and resources, including response assets and disaster relief items, such
as food and non-food items;

(4) Exercise command and control over relevant government agencies, including
govemment-owned and -controlled corporations, the Philippine National Police and other law
enforcement agencies, during an imminent or actual disaster. Such command and control shall
include the authority to utilize available services, assets, equipment, personnel, facilities,
and other resources;

(6) Call on the reserve force, as defined in Republic Act No. 7077, otherwise
known as the "Citizen Armed Force or Armed Forces of the Philippines Reservist Act’, to assist
in relief and rescue operations during disasters;

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

(7) Implement pre-disaster risk assessments, to include deployment of rapid
assessment teams to gather information for precise actions as a basis for emergency
preparedness and humanitarian response;

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

(9) Monitor and support LGUs in the management of evacuation centers and
ensure the welfare and dignity of internally-displaced persons;

(10) Procure goods and services during emergencies, in accordance with
existing emergency procurement rules and regulations;

(11) Issue special procurement rules and regulations for preparedness,
response, and recovery activities, including those prompted by a declaration of a state of
calamity or of an imminent disaster; and

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

(c) Rehabilitation and Recovery

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

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

(3) Ensure that the principle of "Build Forward Better” is applied to rehabilitation
and recovery efforts.
(d) Other Powers and Functions

(1) Provide or designate a secretariat to the Climate Change Commission;

(2) Establish and monitor local and national capacity for climate-disaster risk
financing and insurance and other risk transfer strategies in coordination with the

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

(3) Coordinate information-sharing and other disaster risk and vulnerability reduction
and climate change adaptation protocols following the principle of interoperability among national
government agencies and LGUs before, during, and after a disaster. Administer, oversee, and
monitor the utilization of the National Disaster Resilience Fund (NORF), the Disaster Resilience
‘Support Fund (DRSF) for third (3rd) to sixth (6th) class provinces and municipalities, and
other grants and donations for disaster risk reduction and management and climate change
adaptation, unless otherwise specified;

(4) Receive, administer, mobilize, and monitor and oversee the utilization of the
National Disaster Resilience Fund, the Prevention, Mitigation, and Preparedness Fund for
third (3rd) to sixth (6th) Class Provinces and Municipalities, and donations for disaster risk and
vulnerability reduction and management and climate change adaptation, unless otherwise
specified;

(5) Use of advanced science and technologies in disaster risk reduction and
management by engaging, consulting with, employing and regularly funding the academe or
higher education and research institutions such as the University of the Philippines Resilience
Institute and the University of the Philippines Nationwide Operational Assessment of Hazards
Center or other institutions that have a recognized and credible track record, as well as the
capacity to conceptualize and implement the science and engineering requirements necessary
for effective climate change adaptation and disaster risk reduction;

(6) Establish a disaster resilience information system to facilitate the
creation of an integrated risk assessment platform that is built from the inputs of
goverment and private scientific and academic institutions, national government
agencies and LGUs, local communities and other stakeholders, and is able to provide
readily accessible and actionable information for purposes of risk governance and
humanitarian action;

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

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

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

CHAPTER Ill
GENERAL WELFARE AND EMERGENCY MEASURES:

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

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

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SEC._8. Emergency Measures at the Local Level. —

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

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

(©) All measures shall be taken to inform the population, in a manner and language that
they can understand, of the need for emergency measures and evacuation for their safety, as
well as the location where they will be taken and for how long they are going to stay there.
‘Adequate evacuation centers and transportation to and from the affected area shall be provided
by the local government.

SEC. 9. Hierarchy of Evacuation Measures. —

(a) Preemptive evacuation shall be the preferred and primary mode of evacuation of
people that will be affected by emergencies, hazards and disasters.

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

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

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

(a) Any person who willfully and deliberately disregards or opposes the order of
forced evacuation issued by the local chief executive or the Department, releases the
local government or the Department from any liability for injury, death, damage to or loss of
property attributed to said disobedience.

(b) During evacuation, priority assistance shall be given to the vulnerable groups
and persons who willfully comply with the order of forced evacuation.

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

Whenever it becomes necessary, the Department may assume responsibility over the
implementation of and directly implement any program or project in anticipation of,
during, and in the aftermath of emergencies, hazards and disasters.

SEC. 12. Utilization of Private Property for Public Purpose. ~The Department
shall have the power to utilize any private property for urgent public purpose in
anticipation of, during, and in the aftermath of emergencies, hazards and disasters and only
when there is imminent danger of loss of lives and/or damage to property, subject to payment of

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just compensation in appropriate cases.

SEC. 13. Emergency Powers. | — Whenever it becomes necessary, the
Department, subject to the approval of the President, may call on the AFP or the PNP, in
coordination with the Secretary of National Defense and the Secretary of the Interior and Local
Government, to prevent or suppress lawless violence and ensure the protection and
preservation of life or property in anticipation of, during, and in the aftermath of emergencies,
hazards and disasters.

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

SEC. 14. Emergency Arrangements. — The Department shall have the
power to negotiate, enter into, institutionalize and coordinate arrangements with any
private person or juridical entity for the purpose of ensuring the adequate and prompt availability
of all goods and services necessary in anticipation of, during, and in the aftermath of
emergencies, hazards and disasters and only when there is imminent danger of loss of lives
and/or damage to property.

CHAPTER IV
ORGANIZATION AND MANAGEMENT

SEC. 15. The Secretary. — The Department shall be headed by a Secretary
who shall be appointed by the President.

SEC. 16. Powers and Functions of the Secretary. — The Secretary of the Department
shall exercise the following powers and functions
(@) Establish and promulgate policies, rules, and regulations for the
effective and efficient operation of the Department;
(b) Exercise executive direction over the operations of the Department and
administrative supervision over its attached agencies;
(c) Manage the financial and human resources of the Department;
(d) Appoint officers and employees of the Department, except presidential
appointees, in accordance with civil service law, rules, and regulations;
(e) Exercise disciplinary authority over officers and employees of the Department
in accordance with law,
(f) Coordinate with other government agencies, the private sector, and CSOs
on the policies, programs, projects, and activities of the Department, as may be necessary;
(g) Advise the President on the promulgation of executive and administrative
issuances and the formulation of regulatory and legislative proposals on matters pertaining
to disaster resilience;
(h) Serve as the Vice-Chairperson of the Climate Change Commission (CCC);
i) In coordination with the Department of Foreign Affairs, represent the
Philippines in the climate change negotiations and
articulate the national contribution to global, regional, and other inter-governmental disaster
risk reduction and humanitarian platforms;
Call upon the AFP and the PNP to render assistance in disaster-affected

areas; and

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(k) Promuigate such rules and regulations and perform such other functions as
may be necessary or proper to attain the objectives of this Act.
SEC. 17. Organizational Structure, Functions and Management. — The
Department shall be composed of the following officials and offices:
(a) The Secretary, as provided for under this Act;

(b) Five (5) Undersecretaries, to be appointed by the President, who shalll assist
the Secretary in administering the affairs of the Department, one to be responsible for
Resilience, one to be responsible for Policy and Governance, one to be responsible for
Operations, one to be responsible for Administration and Finance, and the Senior
Undersecretary. The Undersecretaries shall have functional and operational supervision over,
the bureaus, divisions, offices and units assigned to their respective functional areas;

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

(d) Eleven (11) Service Directors who shall head the following Services:
the Administrative and Financial Management Service, the Logistics and Resource
Management Service, the Operations Service, the Responders Management Service, the
Policy Development and Planning Service, the Capacity-Building and Training Service,
the Legal Affairs and Compliance Service, the Disaster Risk Reduction Service, the
Climate Change Service, the Recovery and Reconstruction Service, and the Strategic
Communications Service:

(1) The Administrative and Financial Management Service shall provide the
Department with economical, efficient and effective services relating to human resource
management and development, financial management and general administration
services to support civil defense and disaster risk reduction and management operations
and functions.

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

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

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

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

(6) The Capacity-Building and Training Service shall be responsible for building

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and developing the capacity of the Department's personnel, civil defense practitioners,
communities and other stakeholders.

(7) The Legal Affairs and Compliance Service shall provide legal advice to the
Department; interpret laws and rules affecting the administration and operations of the
Department; prepare and review contracts and instruments to which the Department is a
party, interpret provisions of contracts covering work involving the Department; and monitor
the compliance with regulatory and reportorial matters involving the Department.

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

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

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

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

(e) Divisions, units and offices as may be created by the Department and
whose officers and employees shall be appointed in accordance with civil service law, rules,
and regulations;
(f) The National Climate and Disaster Resilience Research, Education, and

Training Institute under the Capacity-Building and Training Service, to be headed by a
Director with the rank of Director IV;

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

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

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

() Grievance desks in every region, which shall serve as a referral mechanism
and shall work jointly with relevant agencies, to receive complaints from the public
regarding violations of this Act. it shall assist the complainant in the gathering of relevant
documentation and other evidence to support said complaint. The grievance desk shall
facilitate the forwarding of the complaint to the appropriate office within fifteen (15) days from
receipt thereof, and shall provide timely feedback and updates regarding the status of the
complaint. The grievance desk shall use the best available technology to ensure that
complaints are endorsed to the proper office and are addressed in a timely manner.

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CHAPTER V
FINANCE AND ADMINISTRATION

SEC. 18. Fiscal Management. - The Department stall manage all funds appropriated to
it by Congress and from other sources. This shall include all donations, as contemplated under
the succeeding paragraph, subject to the provisions of Section 3, paragraph (D) of Article IX, of
the 1987 Constitution on the auditing powers of the Commission on Audit.

SEC. 19. Donation. -(a) The Department shall have the power to receive donations and
grants from any person, goverment institution, corporation, international organization and
other similar entities, and the power to recommend the procurement of developmental
assistance for the purpose of disaster risk and vulnerability reduction and management
and climate change adaptation;

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

(©) The importation and donation of food, clothing, medicine and equipment for relief
and recovery and other disaster management and recovery-related supplies is
hereby authorized in accordance with, Section 800, Chapter 1, Title 8, of Republic Act
No. 10863, otherwise known as the "Customs Modernization and Tariff Act (CMTA)", as
amended, and the prevailing provisions of the General Appropriations Act covering
national internal revenue taxes and import duties of national and local government agencies;

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

CHAPTER VI
WHOLE-OF-GOVERNMENT AND WHOLE-OF-NATION APPROACH
SEC. 20. National Disaster Resilience Council. — (a) There is hereby created the
National Disaster Resilience Council (NDRC), which shall serve as the policy advisory
body to the Department on disaster risk reduction and management and climate
change adaptation, consistent with the policies and scope as defined in this Act

(b) The NDRC shall be chaired by the Secretary of Disaster Resilience and shall be
composed of the following}
(1) Secretary of Science and Technology; (2) Secretary of the Interior and Local Government;
(3) Secretary of Social Welfare and Development;
(4) Secretary of National Defense;
(6) Director-General of the National Economic and Development Authority;
(©) —_ Secretary of Health;
( Secretary of Environment and Natural Resources;
@) Secretary of Agriculture;
Secretary of Education;
(10) Secretary of Energy;
(11) Secretary of Finance;
(12) Secretary of Trade and Industry;
(13) Secretary of Transportation;

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(14) Secretary of Budget and Management,
(15) Secretary of Public Works and Highways;
(16) Secretary of Foreign Affairs;
(17) Secretary of Justice;
(18) Secretary of Labor and Employment,
(19) Secretary of Tourism;

(20) Secretary of Information and Communications Technology,
(21) Presidential Adviser on the Peace Process;
(22) Chairperson of the Commission on Higher Education;
(23) Chief of Staff of the Armed Forces of the Philippines;
(24) Chief of the Philippine National Police;
(25) Head of the Presidential Communications Operations Office;
(26) Secretary-General of the Philippine National Red Cross;
(27) Chairperson of the Commission on Human Rights;

(28) Executive Director of the Council for Welfare of Children;

(29) Lead Convenor of the National Anti-Poverty Commission;
(80) Chairperson of the Philippine Commission on Women;

18(31) Chairperson of the Housing and Urban Development Coordinating Council;

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(32) Chairperson of the National Council for Disability Affairs;
(33) Chairperson of the National Commission on Indigenous Peoples;
(34) Chairperson of the National Commission on Muslim Filipinos;
(35) Chairperson of the National Youth Commission;
(36) President of the Government Service Insurance System;
(37) President of the Social Security System;
(38) President of the Philippine Health insurance Corporation;
(39) President of the Home Development Mutual Fund;
(40) President of the Union of Local Authorities of the Philippines;
(41) President of the League of Provinces of the Philippines;
(42) President of the League of Cities of the Philippines;
(43) President of the League of Municipalities of the Philippines;
(44) President of the Liga ng mga Barangays;
(45) Maximum of six (6) representatives from the academe and other relevant
research institutions;
(48) Maximum of six (6) representatives from the civil society organizations; and
(47) Maximum of six (6) representatives from the private sector.

(c) Composition — The Council is hereby organized into five (5) clusters, namely: Disaster
Prevention and Mitigation to be led by DOST, Disaster Preparedness to be led by DILG, Disaster
Response by DSWD, Logistics led by DND, and Recovery and Sustainable Development led by
NEDA.

(d) Technical Management Advisory Group — The Department may constitute,
as the need arises, a technical management advisory group from the different stakeholders,
that shall coordinate and meet with the Department as often as necessary to effectively manage
and sustain national efforts on disaster risk and vulnerability reduction and emergency
management, and climate change adaptation and mitigation.

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

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thereof.
SEC. 21. Monitoring, Reporting and Validation. —

(a) Monitoring and Reporting. On or before the last quarter of the preceding year, member-
agencies of the National Disaster Resilience Council shall submit to the Department through
the Council Secretariat their respective DDR annual work and financial plans (AWFPs) for the
next year. The AWFPS shall be based on the DOR Plan.

The member-agencies shall submit to the Secretariat quarterly progress reports of their
implementation of the AWFPs within thirty(30) days from the end of each quarter.

‘The Department is likewise accountable, liable and responsible for monitoring and
requiring the appropriate implementation of remedial measures by member-agencies of
the Council during a state of calamity. It shall have the authority and power to require
reports from the appropriate member-agencies regarding implementation of such
measures.

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

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

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

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

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

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

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

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

(i Establish linkage or network with other LGUs for disaster risk and vulnerability

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reduction, climate change adaptation and emergency response purposes;

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

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

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

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

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

SEC. 23. Establishment of Multi-Stakeholders Convergence Unit. — The
Department, with the assistance of other relevant government agencies and
stakeholders, shall establish a Multi-Stakeholders Convergence Unit (MSCU), which
shall align the disaster resilience efforts of the private sector, CS0a, academe, and other
stakeholders with the Department by assisting, coordinating, or providing services
that strengthen public-private cooperation and coordination in disaster resilience,
including the following

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

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

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

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

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

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

CHAPTER Vil

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

‘SEC. 24. Integration of DRR and Climate Change Adaptation in the Climate and Disaster
Resilience Framework and Plan. — The existing National Disaster Resilience Framework and
plan and the National Climate Change Strategic Framework and Pian shall be enhanced by the
Climate and Disaster Resilience Framework and plan which provides for the
comprehensive probabilistic multi-hazards, multi-scenario, multi-sectoral, resilience-
building, and community risk-based approach and management of disaster and climate
risk, and provide for the integration of disaster risk and vulnerability reduction and

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climate change adaptation, as well as the mainstreaming in other sectoral policies. It
shalll be reviewed every three (3) years,

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

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

SEC. 26. Ecosystem-Based Approach to Prevention and Mitigation, Rehabilitation
and Recovery from Disaster. — The Department shall ensure the application of
‘ecosystems-based approaches in disaster risk and vulnerability reduction and climate
‘change adaptation, particularly through ecosystem management and restoration as defined
in this Act, and ensuring that environmental and natural resource policies are risk-informed.

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

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

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

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

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

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

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

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

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disaster risk assessment,

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

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

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

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

(4) Financial Support to the Center:

(1) The budget for the Climate and Disaster Resilience Research and Training Center
shall be sourced from the annual General Appropriations Act.

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

CHAPTER IX

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

SEC. 27. Climate and Disaster Resilience Information Management System
(CDRIMS). — The Department shall establish a National and Regional Information
‘Management System for Climate and Disaster Resilience. It shall constitute a physical
central database of all disaster risk reduction and climate change data, including a
geographic information system on geo-hazard assessments and climate risk. It shall be
the repository of current and multi-temporal information for wide-scale disaster risk
analysis and climate change vulnerability assessment. The CD RIMS shall at all times
be made available to the Emergency Operations Center of the National and Regional
Climate and Disaster Resilience Council (NRCDRC) development partners and multi-
stakeholders to access critical information and ensure that the collection processing,
analysis and dissemination of information is timely, reliable and accurate to support overall
decision making and effective coordination both at the national and subnational level.
SEG. 28. Disaster Resilience and Climate Change Education and Training. — (a)
The Department of Education, CHED, and Technical Education and Skills Development
Authority (TESDA), in coordination with the National Youth Commission (NYC), the
Department of Science and Technology (DOST), Department of Environment and
Natural Resources (DENR), Department of the Interior and Local Government (DILG),
Department of Health (DOH), Department of Social Welfare and Development (DSWD),
and other relevant agencies, developmental institutions, and nongovernment
organizations shall integrate disaster risk and vulnerability reduction and climate
change adaptation education in the school curricula at all levels of education, from K to
12 to tertiary levels, including the early and adult learning programs, National Service
Training Program (NSTP), and education for children and persons with special needs,

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whether private or public, including formal and non-formal, technical-vocational,
indigenous leaming, out-of-school youth courses and programs, and other channels of
educational integration, including media, church, entertainment centers (malls),
international and domestic airports and transport terminals.

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

(©) In coordination with the Department and the Climate and Disaster Resilience Research,
Education, and Training Institute shall develop a curriculum for courses or subjects specific to
disaster risk and vulnerability reduction management and climate change adaptation, and shall
mandate all tertiary learning institutions to offer these subjects.

() The Parents and Teachers Community Associations shall initiate, support, and
Participate in disaster risk and vulnerability reduction management and climate change
adaptation related activities in schools and host communities.

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

(f) The DepEd, CHED, TESDA, developmental institutions and community-based
organizations shall regularly review, monitor, evaluate and report to the Council the status of
integration, mainstreaming and implementation of climate change adaptation, disaster risk and
vuinerability reduction and management in public- private schools and other leaming
institutions.

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

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

(i) There shall be a mandatory training on climate change adaptation-DRVR for
public and private sector employees, including teachers and Climate-Disaster Resilience
Coordinators from both the public and private leaming institutions, who shail be trained
in emergency preparedness and response in compliance with the provisions of this Act.

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

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education and communication that is appropriate, integrated, calibrated, inclusive,
localized, science- and risk-based, gender, culture and disability sensitive and
accessible using multimedia. Information, education, and communication on climate
change adaptation and disaster risk and vulnerability reduction management should be
compelling but not alarming.

(b) The NDRC shall formulate a Strategic Risk Communications Plan to encompass the
entirety of disaster risk and vulnerability reduction and climate change adaptation to achieve the
desired behavioral and attitudinal change towards responsible citizenship and culture of
resilience. It shall serve as a reference on continuous awareness raising and education at all
levels of the government and multiple stakeholders.

(©)A Climate and Disaster Resilience Information Officer shall be designated at all levels
of the Department to ensure implementation of the disaster risk and vulnerability reduction and
management and climate change adaptation information, education, and communication
campaign and shall serve as the primary coordinator for the dissemination of information,
‘education, and communication on climate change adaptation and disaster risk and vulnerability
reduction management.

‘SEC. 30. Declaration of imminent Disaster. - The DDR shall provide guidance and operating
guidelines to LORCs for the declaration of imminent disaster in their respective areas which
shall allow them to implement preemptive measures and use their quick response funds in order
to save lives and minimize damage to property, loss of livelihoods and other assets.

SEC. 31. Flash Appeal or Appeal for Intemational Assistance. Upon consultation
with the NDRC and in cognizance of the urgency, criticality and intensity of an imminent risk,
the DDR shall issue a flash appeal to the family of nations, under regional and multilateral
conventions, for assistance in preparedness

including preemptive measures, search, rescue and retrieval, relief, recovery, and
reconstruction.

CHAPTER X

CLIMATE AND DISASTER RISK INSURANCE ANDINCENTIVES SEC. 32. Climate and
Disaster Risk Transfer, Insurance and Social Welfare. — (a) The Department shall
oversee all climate and disaster risk-sharing and risk-transfer instruments and other
related initiatives to ensure the protection of property and livelihood, both public and
private,

(b) The Department shall ensure the mandatory insurance of all assets and
properties of national government agencies including govemment-owned or -
controlled corporations, and those over which the government has insurable interest, as
prescribed under Republic Act No. 656, otherwise known as the "Property Insurance Law’.
‘The insurance shall be provided by any goverment insurance agency.

(c) The Department shall oblige the LGUs the mandatory insurance coverage of
assets, properties and livelihood of vulnerable and marginalized groups for
unforeseen or contingent potential losses, damages and disruption from natural
hazards and human-induced disasters chargeable against the LORF.

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

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CHAPTER XI

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

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

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

SEC. 35. Mulli-Hazard Early Warning and Risk Communication Standards. —
(a) There shall be a streamlined policy governing early warning systems and risk
communication protocols to ensure effective and efficient measures to prevent, prepare
for, respond to, and recover from possible risk caused by natural and human-induced
hazards and climate risk. The NDRC shall issue policy and the Department shall oversee
and monitor the implementation of this policy.

(b) The Department and all other concerned agencies with an integrated early
waming and information mandate shall collaborate with the local executives and
officers to disseminate climate-disaster risk information through the involvement of
LGUs, community-based organizations, CSOs, and other nongovemmental organizations.

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

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

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

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

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

() The Department shall consider working with other agencies or organizations on
pre-crisis information mapping of the humanitarian needs of the at-risk community that will

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enhance the overall prepositioning of resources at the national and local levels.
CHAPTER XIl
DISASTER RESPONSE AND EARLY RECOVERY

SEC. 37. Declaration of State of Calamity. — The Department shall declare a cluster of
barangays, municipalities, cities, provinces, and regions under a state of calamity, and the
lifting thereof, based on the criteria set by the NDRC.

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

SEC. 38. Emergency Management. — The respective Climate and Disaster Resilience
Councils shail lead in preparing for, responding to, and recovering from the effects of
any disaster, upon due consideration to the economics of classification, capacity and
vulnerability of the local governments concemed:

(a) The Barangay Disaster Resilience Council (BDRC), if one barangay is affected;

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

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

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

(e) The NORC, if two (2) or more regions are affected. SEC. 39. Humanitarian Assistance
Action Center. — The DRC shall institutionalize a one-stop shop mechanism through the
Humanitarian Assistance Action Center for the processing and release of goods,
articles or equipment intended for humanitarian assistance and the processing of
necessary documents for intemational assisting actors. The Humanitarian Assistance

Action Center shall be managed by the Department and shall be composed of the following
NORC agencies:

(@) _ Department of Finance - Bureau of Customs;

(0) Department of Foreign Affairs;

© Department of Social Welfare and Development;

C) Department of Health;

) Food and Drug Administration;

“) Department of Agriculture;

@ Department of Energy;
(h) Philippine National Police;

(i) Philippine Coast Guard; and

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

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

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

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

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

CHAPTER Xill
INTERNATIONAL HUMANITARIAN ASSISTANCE

SEC. 42. International Humanitarian Assistance— The Department shall
promulgate guidelines on international humanitarian assistance, including the initiation,
entry, facilitation, transit, regulation, and termination thereof, as well as those
involving intemational disaster relief and personnel assisting intemational actors, visa
waiver, recognition of foreign professional qualifications, entry of international disaster
goods and equipment, and exemption from port duties, taxes and restrictions.

Sc. 43. Assessment of the Need for International Humanitarian Assistance. -(a)
Immediately after the declaration of a state of calamity by the Sanggunian of an LGU or
by the Department, as the case may be, the Department shall determine as to whether
domestic capacities are likely to be sufficient to attend to the needs of affected persons for
international humanitarian assistance. This determination may also be made by the
President, prior to the onset of an imminent disaster.

(b) In the event the Department determines that domestic response capacities are
not likely to be sufficient due to the impact of the disaster, the Department shall recommend
to the President that a request be made for intemational humanitarian assistance.

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

SEC. 44. Request for Intemational Humanitarian Assistance. — The President may request
{or international humanitarian assistance upon the advice of the Department. Such request may
be specifically directed to particular assisting intemational actors, or it may be a general request
directed to the intemational community.

SEC. 45. Humanitarian Assistance Action Center. — The Department shall
institutionalize an interagency one-stop shop mechanism called through the Philippine
Intemational Humanitarian Assistance Reception Action Center (PIHARAC) for the
processing and release of entry and facilitation of goods, articles or equipment, and services
of intemational relief workers for the provision of intemational humanitarian assistance, and the
processing of necessary documents for assisting international actors.

CHAPTER XIV
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO FOREIGN STATES

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‘SEC. 46. Offer and Facilitation of Intemational 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 may offer, facilitate and provide intemational
humanitarian assistance to such foreign state, which shall be subject to guidelines to be
promulgated by the Department for the purpose

SEC. 47. Accreditation. — The Department, in coordination with relevant government
agencies and organizations, shall provide and facilitate the necessary training and
accreditation to the respective government personnel to be deployed for such offer, facilitation
and provision of international humanitarian ‘assistance to a foreign state.

CHAPTER XV

LEGAL FACILITIES FOR ELIGIBLE ASSISTING INTERNATIONAL ACTORS SEC. 48.
Guidelines for Coordination of international Humanitarian Assistance. — The DRC shall
issue comprehensive guidelines on the initiation, entry, facilitation, transit and
regulation of intemational relief goods and personnel, as well as eligibility guidelines to
utilize the legal facilities for assisting international actors provided hereunder.

SEC. 49. Visa Waiver. — Eligible assisting intemational actors shall be entitled to
waiver of entry visa requirements, including any associated fees or charges, to perform
Disaster Relief and Initial Recovery Assistance work for their sponsoring entities without
the requirement to seek a separate residence or work permit.

‘SEC. 50. Recognition of Foreign Professional Qualifications, —

(a) Eligible assisting international actors wishing to deploy intemational personnel for
tasks requiring legal recognition of their foreign professional qualifications shall certify the
validity of those qualifications under the law of the country where they were obtained
and the competence of their personnel for the tasks envisaged.

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

(c) Recognition of qualifications shall remain valid until the end of the Intemational
Initial Recovery Period, absent individual criminal conduct or other professional
misconduct sufficient to bar the individual from professional practice in the country.

SEC. 51. Recognition of Foreign Driving Licenses. — Foreign driving licenses of eligible
assisting intemational actors shall be accorded temporary recognition during the International
Disaster Relief and Initial Recovery Periods,

SEC. 52. Facilitation of Access. — The international personnel of eligible assisting
intemational actors shall be allowed access to disaster-affected areas and persons
requiring Disaster Relief or Initial Recovery Assistance, subject to coordination requirements
as mandated by the Department and limitations based on national security, public order or
public health, weighed in the context of the urgency of the disaster needs. They shall be
permitted to provide their goods and services directly to affected persons.

‘A ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT SEC. 53. Customs
Facilitation and Priority Treatment. — The Department shall facilitate the rapid importation or
consignment of goods and equipment by eligible assisting actors and shall accord them priority
treatment in handling.

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

(a) Deciare that ali the goods and equipment they seek to import under this Act are
exclusively for Disaster Relief or Initial Recovery Assistance and that they comply with any

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relevant standards under Philippine laws; and

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

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

(a) Exemption from all duties and taxes;

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

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

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

‘SEC. 56. Simplification of Documentation Requirements. ~

(a) Consignment of goods and equipment sent by or on behalf of eligible assisting
intemational actors shall be cleared or released on the basis of a simplified goods
declaration providing the minimum information necessary for the Bureau of Customs to
identify the goods and equipment and subject, when deemed necessary, to completion
of a more complete deciaration within a specified period.

(b) The requirements for the declaration for all imports of goods or equipment by or
on behalf of eligible assisting international actors and any supporting documents relating to
said consignment, release and clearance of goods or equipment shall be simplified and
lodged without fee.

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

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

SEC. 59. Food. — Food imported by eligible assisting international actors for disaster relief
and recovery shall be admitted pursuant to expedited procedures set out by the DRC.

SEC. 60. Imported Vehicles. — The granting of local registration and plates for vehicles
imported by eligible assisting intemational actors shall be expedited

C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

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

CHAPTER XVI RECOVERY

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

{a) Improve the community's physical, social and economic resilience, consistent with the
Principle of "Build Forward Better";

(b) Use locally-driven and centrally-supported processes based on legal mandates

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with supplementary capacity support when requested;

(©) Redirect development outside danger zones to minimize loss of lives and
structures resulting from typhoons, flooding, landslides, and other hazards;
(d) Employ outcome-driven planning and implementation;

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

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

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

(h) Ensure restoration of peace and order and recovery of government fun

CHAPTER XVII

REMEDIAL MEASURES UNDER STATE OF CALAMITY SEC. 63. Remedial Measures
Under State of Calamity. -Upon the declaration of a state of calamity, the following
remedial measures shall be immediately undertaken by concerned goverment agencies
both of national and local levels:

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

(b) Monitoring, prevention and control by the Local Price Coordinating Council of
overpricing/profiteering and hoarding of prime commodities, medicines and petroleum products;

(0) Programming/reprogramming of funds for the repair of critical facilities or public
infrastructures that are vital for the quick delivery of humanitarian assistance, to reduce
further threat to lives and arrest further deterioration of properties and loss of livelihoods
in the affected communities, following the "Build Forward Better" principle:

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

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

CHAPTER XVIII
PROCUREMENT
SEC. 64, General Rule on Procurement. — Any procurement of goods, services,
‘consultancy or infrastructure for disaster risk and vulnerability reduction and climate risk,
whether at the national or local level shall conform to the provisions and implementing rules and
regulations (IRR) of Republic Act No. 9184, otherwise known as "Government Procurement
Reform Act", as amended.
SEC. 65. Emergency Procurement. — in order to expedite disaster response and early
recovery, the procurement or lease of equipment and delivery of goods and services through
‘emergency procurement or purchase at site shall be allowed, Periods of action on procurement

activities may also be waived for the same purpose and conditions.
CHAPTER XIX

PROHIBITED ACTS AND PENALTIES

SEC. 66. Prohibited Acts. — Any public official, private person, group or corporation who
commits any of the following prohibited acts shall be liable and be subjected to the
criminal and administrative penalties as provided for in Section 67 of this Act, without
Prejudice to the imposition of other criminal, civil and administrative liabilities under

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existing laws.

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

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

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

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

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

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

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

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

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

(2) Withholding the distribution of relief goods due to: (a) political or partisan considerations;
(b) discrimination based on race, ethnicity, religion, or gender, and (c) other similar
circumstances;

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

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

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

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

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

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

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

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

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

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

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

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

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(12) Illegal solicitations by persons or organizations representing others as defined
in the standards and guidelines set by the NORC;

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

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

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

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

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

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

SEC. 67_ Penalties. _— The following penalties shall be imposed on any individual,
corporation, partnership, association or other juridical entity that commits any of the
prohibited acts in the preceding section:

(a) Imprisonment of not less than twelve (12) years but not more than fifteen (15) years
or a fine of not less than One million pesos (P1,000,000.00) but not more than Three million
pesos (P3,000,000.00), or both imprisonment and fine at the discretion of the court, shall be
imposed upon any person found guilty of violating subsections (b)(1) to (b)(16), as well as the
confiscation or forfeiture in favor of the government of the objects and the instrumentalities
used in the commission of the prohibited acts;

(b) Imprisonment of not less than six (6) years but not more than eight (8) years or
a fine of not less than Five hundred thousand pesos (500,000.00) but not more than One
million pesos (P1,000,000.00), or both imprisonment and fine at the discretion of the court, shall
be imposed upon any person who attempts to commit any of the prohibited acts in the preceding
section, in violation of subsection (b)(17) thereof;

(©) Imprisonment of not less than two (2) years but not more than six (6) years or a fine of
not less than Two hundred thousand pesos (P200,000.00) but not more than Five hundred
thousand pesos (P600,000.00), or both imprisonment and fine at the discretion of the court,
shall be imposed upon any person found guilty of unlawfully benefiting from the proceeds or
fruits of any of the prohibited acts in the preceding section, in violation of subsection
(b)(18) thereof,

() Perpetual disqualification from public office aside from the penalty of fine or
imprisonment or both, shall be imposed if the offender is a public officer, and confiscation
or forfeiture in favor of the government of the objects and the instrumentalities used in
the commission of any of the prohibited acts in the preceding section;

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

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

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

CHAPTER XX APPROPRIATIONS

SEC. 68. Appropriations.  —(a) The amount needed for the initial implementation of
this Act shall be taken from the current fiscal year’s unexpended appropriation of all
agencies herein absorbed, transferred, and attached to the Department. Thereafter, the
amount needed for the operation and maintenance of the Department shall be included
in the General Appropriations Act.

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

(c) Local Disaster Resilience Fund (LDRF). Not less than seven percent (7%) of the
estimated revenue from regular sources shall be set aside as the LDRF to support
disaster risk and vulnerability reduction and climate change adaptation and mitigation
programs, projects and activities. The LDRC shall monitor and evaluate the use and
disbursement of the LDRF based on the LDRP as incorporated in the local development
plans and annual work and financial plan. Upon the recommendation of the LDRO and
approval of the sanggunian concemed, the LORC may transfer the said fund to support the
disaster risk and vulnerability reduction and climate change adaptation work and initiatives of
other LDRCs that are dectared under a state of calamity.

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

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

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

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

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

Unexpended LORF shall accrue to a trust fund solely for the purpose of supporting

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

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

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

CHAPTER XXI FINAL PROVISIONS
‘SEC. 69. Transfer and Attachment. —

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

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

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

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

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

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

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

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

The Department shall, by virtue of this Act, be subrogated to all the rights and assume
all the liabilities of the agencies absorbed under this Act, and alll their funds, records,
property, assets, equipment, and such personnel as necessary, including unexpended
appropriations or allocations. All contracts and liabilities of the said agencies are hereby
transferred to and assumed by the Department and shall be acted upon in accordance with
the Auditing Code and other pertinent laws, rules, and regulations.

SEC. 70. Separation Benefits of Officials and Employees of Affected Agencies. — National
government employees displaced or separated from the service as a result of this Act shall be
entitled to separation pay and other benefits in accordance with Republic Act No. 6656, and
other existing laws, rules or regulations: Provided, That those who are qualified to retire
under existing retirement laws shall be allowed to retire and receive retirement benefits to
which they may be entitled under applicable laws and issuances.

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SEC. 71. Magna Carta for DDR Personnel. — Qualified employees of the DDR,
LGUs and its attached units shall be covered by Republic Act No. 8439, known as the "Magna
Carta for Scientists, Engineers, Researchers and Other S & T Personnel in the
Government", and Republic Act No. 7305, otherwise known as the "Magna Carta of Public
Health Workers’.

CHAPTER XXII
MISCELLANEOUS PROVISIONS
SEC. 72. Implementing Rules and Regulations. — The Department, in consultation

with concemed stakeholders, shall issue the necessary rules and regulations for the effective
implementation of this Act within ninety (90) days from the effectivity of this Act.

SEC. 73. Congressional Oversight Committee. — There shall be created a
Congressional Oversight Committee on Climate Change and Disaster Resilience to monitor
and oversee the implementation of the provisions of this Act. The Committee shall be

composed of six
(6) members from the Senate and six (6) members from the

House of Representatives with the Chairpersons of the Committees on National Defense
and Security of both the Senate and the House of Representatives as joint Chairpersons
of this Committee. The five (6) other members from each Chamber are to be designated by
the Senate President and the Speaker of the House of Representatives, respectively.
The minority shall be entitled to pro rata representation but shall have at least two
(2) representatives from each Chamber.

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

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

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

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

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

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

(3) Sections 3(4) and 5 of Republic Act No. 9729, otherwise known as the "Climate Change
Act of 2009", as amended by Republic Act No. 10174;

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

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

(©) All other laws, decrees, executive orders and issuances, proclamations, rules and
regulations, and other issuances or parts thereof that are inconsistent with the provisions of this
Act are hereby repealed or amended accordingly.

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

Approved,

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