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

TWENTIETH CONGRESS
First Regular Session

House Bill No. 373

Introduced by Representative Richard I. Gomez, DPA

EXPLANATORY NOTE

This bill is the substitute bill of the same title, which consolidated 36 house bills in the
19th Congress, all with the intent to establish a Department of Disaster Resilience.

The urgency of our country’s need for a fortified, resolute, committed, focused and
organized strategy and process in facing the crises brought about by natural disasters cannot be
overemphasized.

It will be 16 years since Typhoon Ketsana (Tropical Storm Ondoy) and 12 years since
Typhoon Haiyan (Super Typhoon Yolanda), and many, many disasters in between and beyond,
including the eruption of Taal Volcano, and several earthquakes. As far as climate-related
natural disasters are concemed, we are already certain that these will continue to pummel,
damage and devastate our country and our people, unless we change the way we address
disasters.

We certainly have gained ground in terms of improving our rate of immediate physical
survival from storms, earthquakes and volcanic eruptions. We have also reduced the number
of casualties in most recent disasters due to improved evacuation procedures, pre-disaster
preparedness, and better rescue and disaster management.

On the other hand, structural, economic and agricultural losses continue to be amplified.
Reduction of casualties is definitely a win, but it is just not enough. During Super Typhoons
Odette and Agaton, the casualties were not as pronounced as during Ondoy or Yolanda.
However, the destruction of power, telecommunications and road infrastructure across
provinces choked and paralyzed local economies that were already struggling due to the
COVID-19 pandemic, for months after the actual natural disaster.


To dramatize our circumstances in relation to natural disasters—it is not enough to
protect and save lives in a storm. We cannot stop there. We have to also protect and save our
people’s houses and normal community operations; i.e., the resumption of power, telecoms and
basic supplies. We have to protect and save jobs, agricultural production, and local economies.

We have to pivot our attention and focus on Disaster Resilience. We have to go above
and beyond disaster preparedness, disaster response and even disaster management. We have
to begin thinking about solutions that will equip the entire nation, not just to survive natural
disasters but create a line of defense that would shield us, as much as possible, from the
powerful, destructive force that defines extreme weather, geological, war events and viral
pandemics. These solutions require a holistic, expansive, and infrastructure-driven approach.

Itis time to create a department that is solely tasked to address the main sources of most
of our socio-economic problems. It is time to create a seat in the Cabinet, one that is responsible
for protecting our entire nation against disasters. It is time to organize our national and local
governments better and think beyond evacuation, search and rescue and disaster aid.

T call on my fellow lawmakers to expedite the passing of this consolidated Disaster
Resilience Act. I acknowledge all the co-authors of this consolidated bill.

More than a decade has passed since RA 10121 or the "Philippine Disaster Risk
Reduction and Management Act of 2010." A new approach to fighting disasters is way overdue.
Every few months or so, a disaster promptly reminds of the urgency of the creation of the
Department of Disaster Resilience. We cannot afford even another year without taking actions
in this direction. I enjoin this Congress for swift proceeding on this bill.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO.__ 373

Introduced by Representative Richard I. Gomez, DPA

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

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Article I

GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Disaster Resilience Act”.

SEC. 2. Declaration of Policy. - It shall be the policy of the State to:

(a)Protect the lives and properties of its citizens by addressing and preventing the causes

of vulnerabilities to natural disasters;

(b) Uphold the sacredness of human life by efficiently and effectively addressing
humanitarian emergencies, including calamities and disasters, through the
establishment of a focused, streamlined, independent, empowered, capacitated,
specialized agency on disaster risk reduction and management as well as emergency
response, which is national in scope and civilian in character. The people are the most
important assets of the nation, and all disaster risk and management efforts shall be
responsive to the humanitarian needs of the people, the dignity and value of the
human person, and respect for property;

(c) Promote a simple, strategic, systematic, continuous, comprehensive, inclusive, and

integrated approach to dis

ter risk reduction and management aimed at substantially
reducing vulnerabilities and the risk of disasters and other humanitarian emergencies,
towards the preservation of life and property, thereby ultimately preventing or


deterring the loss of lives and protecting the social, economic, historical and cultural
heritage, and environmental assets of the country;

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

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

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

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

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

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

(Adopt a whole-of-society, whole-of-government, and whole-of-nation approach in

disaster preparedness to increase collaboration, planning, and dialogue among all

4


sectors of society in preparing for natural disasters and in improving their strategies
and action plans for disaster risk reduction; and

(k) Strengthen the chain of command and establish a unified command system for
disaster management.

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

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

(b) Assisting actor refers to any assisting international or domestic actor following a

disaster in the country;

(©) Assisting domestic actor refers to any not-for-profit entity established under domestic
laws, which is extending help following a disaster in the country;

(d) Assisting international actor refers to any foreign State, organization, entity or
individual extending help following a disaster within the country or transiting through

the country to extend help following a disaster in another country;

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

() Building forward better refers to an approach to building or reconstructing an area or
community, which entails a shift from achieving simple recovery and restoration to
creating safer, more adaptive, resilient, and inclusive communities;

(g) Business continuity refers to the capability of an organization to continue the delivery
of products or services at acceptable predefined levels following a disruptive
incident;

(h) Capacity refers to the combination of attributes and resources available within a
community or area that can reduce the level of risk(s) from, or impact(s) of, a disaster;

(i) 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. CSOs may include nongovernment organizations (NGOs),
professional associations, foundations, independent research institutions,
community-based organizations, and social movements;

(i) Climate change refers to a change in the state of the climate that can be identified by
changes in the mean and/or the variability of its properties, and that persists in an

5


extended period, typically decades or longer, whether due to natural 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;

(k) 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 an intense
level of political considerations;

() Consequence management refers to the totality of interventions and measures taken
to restore essential operations and services in a permissive environment, including
measures to protect public health and safety, restore essential government services,
and provide emergency relief to individuals, stakeholders, and communities affected
by the consequences of emergencies, hazards, and disasters;

(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) Cultural heritage refers to the totality of cultural property preserved and developed
through time and passed on to posteri

(0) Deterministic risk assessment refers to an assessment that considers the possible
disaster impacts of a single scenario, in contrast to probabilistic risk assessment
which considers all possible scenarios, their likelihood, and associated impacts;

(p) Development assistance refers to financial, material or other forms of assistance to
support the economic, social and environmental well-being of areas or people
affected by a natural disaster;

(q) Disability refers to an evolving concept that results from the interaction between
persons with impairments, as defined under Republic Act No. 7277 otherwise known
as the “Magna Carta for Disabled Persons” and attitudinal and environmental
barriers that hinder their full and effective participation in society on an equal basis
with others;

(8) 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 to cope using its own

resources.


(s) Disaster assistance refers to financial, material, or other forms of assistance to
address the immediate and long-term needs of people, communities or areas affected
by a disaster. This term includes humanitarian assistance and development assistance;

() Disaster management refers to the planning, organization, and application of

measures preparing for, responding to, and recovering from disasters;

(u) Disaster mitigation refers to the reduction or limitation of the adverse impacts of
disasters and its related hazards;

(v) 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 disasters and related hazards;

(w) Disaster prevention refers to the intention to avoid, or the outright avoidance, of
potential adverse impacts of disasters and related hazards through action(s) taken in
advance;

(x) Disaster recovery refers to restoration or improvement of livelihoods and health, as
well as economic, physical, social, cultural and environmental assets, systems and
activities, of a disaster-affected community or society, aligning with the principles of
sustainable development and “build forward better” to avoid or reduce future disaster
risk;

(y) Disaster response or disaster relief 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 is predominantly focused on
immediate and short-term needs and is sometimes called “disaster relief”;

(z) Disaster rehabilitation refers to restoration of basic services and facilities for the
function of a community or a society affected by a disaster;

(aa) Disaster resilience refers to the ability of a system, community, or society
exposed to hazards to resist, absorb, accommodate, adapt to, transform, and recover
from the effects of a hazard, including the long-term impact of climate change, in a
timely and efficient manner, including through the preservation and restoration of its
essential basic structures and functions through risk management;

(bb) Disaster risk refers to the potential losses in lives, health status, livelihoods, assets
and services that may occur to a particular community or society due to a disaster in


the future, and is determined by a combination of the vulnerability, capacity,
exposure of persons and assets, hazard characteristics and the environment;

(cc) Disaster risk governance refers to the manner 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 includes
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;

(dd) Disaster risk management refers to the systematic approach or process of
implementing strategies, policies and programs to lessen the possibility or adverse
impacts of hazards and related threats;

(ee) Disaster risk reduction refers to the prevention of new, or reduction of existing,

disaster risks and the management of residual risk, to enhance resilience to disasters;

(fi) Early warning system refers to an integrated system of hazard monitoring, forecasting
and prediction, disaster risk assessment, and communication and preparedness
activities and processes that enable individuals, communities, national government
agencies, local government units, the private sector, and others to take timely action
to reduce disaster risks and adequately prepare for disasters;\

(gg) Emergency refers to unforeseen or sudden occurrence, especially danger, demanding

immediate action;

(hh) 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;\

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

(i) Exposure refers to the situation of people, infrastructure, housing, production

capacities and other tangible human assets located in hazard-prone areas;


(kk) Framework Agreement shall refer to a written agreement between a procuring entity
and a supplier or service provider that identifies the terms and conditions under
which specific purchases are made for the duration of the agreement.

The Framework Agreement is in the nature of an option contract between the
procuring entity and the bidder (s) granting the procuring entity the option to either
place an order for any of the goods or services identified in the Framework
Agreement List or not buy at all, within the period of the Framework Agreement;

(1) Geological or geophysical hazards refer to hazards which originate from internal
earth processes, such as earthquakes, volcanic activities and emissions, and related
geophysical processes which include mass movements, landslides, rockslides,
surface collapses and debris or mud flows. Hydrometeorological factors are
important contributors to some of these processes. While tsunamis are triggered by
undersea earthquakes and other geological events, they essentially become an
oceanic process that is manifested as a coastal water-related hazards;

(mm) Geographic information system refers to a database which contains, among
others, geo-hazard assessments, information on climate change, and climate risk
reduction and management;

(nn) Geographically isolated and disadvantaged area (GIDA) refers to an area with a
marginalized population, which is physically and socio-economically separated

from the mainstream society and characterized by physical factor such as isolated

due to distance, weather conditions and transportation difficulties due to island,
upland lowland, landlocked, hard to reach and underserved communities; and/or
socio-economic factors such as high poverty incidence, presence of vulnerable
sector, communities in or recovering from a situation of crisis or armed conflict;

(00) Hazard refers to a phenomenon, substance, human activity, or condition that may
cause loss of life, injury or impacts to health; and social and economic disruption,
environmental damage, or loss of or disruption to property, livelihood and/or
services;

(pp) Historical landmarks refer to sites ot structures that are associated with events or
achievements significant to Philippine history as declared by the National
Historical Institute or the applicable agency;

(qq) Human-induced disasters refer to disasters induced entirely or predominantly by
human activities or choices, such as ideologically motivated conflict or

criminality;


(rr)

(ss)

(tt)

(uu)

(wv)

Humanitarian assistance refers to financial, material or other similar forms of
assistance to address the immediate needs of people affected by a natural disaster;
Hydrometeorological hazards refer to hazards that are of atmospheric,
hydrological and oceanographic origin, such as tropical cyclones also known as
typhoons and hurricanes; floods, including flash floods, drought; heatwaves and
cold spells, coastal storm surges, and marine heatwaves, extreme sea events, and
sea level rise. Hydrometeorological conditions may also be a factor in other
hazards such as landslides, wildland fires, locust plagues, epidemics, and in the
transport and dispersal of toxic substances and volcanic eruption material;
Incident Command System (ICS) refers to a standardized, on-scene, all-hazard
incident management concept; allows its users to adopt an integrated
organizational structure to match the complexities and demands of single or
multiple incidents without being hindered by jurisdictional boundaries. The ICS
is non-permanent organization and is activated only in response to disasters or
emergencies.

Impact and needs assessment refers to assessing the nature and magnitude of a
disaster, its impact on affected populations, the type and extent of emergency,
and the requirements for recovery and rehabilitation of the affected areas;
Land-use planning refers to the process undertaken by public authorities to
identify, evaluate, and decide on different options for the use of land, including
consideration of long-term economic, social, and environmental objectives and
the implications for different communities and interest groups, and the
subsequent formulation and promulgation of plans that describe the permitted or

acceptable uses;

(ww) Legal facilities refer to entitlements and exemptions that are granted to assisting

(xx)

domestic or international actors which are declared to be eligible pursuant to this
Act and its implementing rules and regulations;

Local Disaster Resilience Plan (LDRP) refers to a document prepared by a local
government unit (LGU) based on the National Disaster Resilience Framework
(NDRF) and National Disaster Resilience Plan and Investment Program
(NDRPIP) that sets out specific programs, objectives and goals to implement
disaster risk management and climate change adaptation measures at the local
level. The plan shall include among others, an evaluation and analysis of

emerging disaster risks, hazards and vulnerabilities applicable to an LGU, and

10


specific programs and activities to ensure responsive, effective, and the
appropriate disaster preparedness and management at the local level;

(yy) National continuity policy refers to a policy aimed at the development of an

(zz)

organizational culture that has the ability to provide a minimum level of service
during interruptions, emergencies, and disasters, and retum to full operations
quickly;

National cultural treasure refers to a unique cultural property found locally,
possessing outstanding historical, cultural, artistic and/or scientific value which
is highly significant and important to the country and nation, and officially

declared as such by the pertinent cultural agency;

(aaa) National Disaster Resilience Framework (NDREF) refers to a framework that

provides for a comprehensive, all-hazards, multi-sectoral, inter-agency and
community-based approach to enable communities to resist, prevent, mitigate
against, absorb, accommodate, adapt to, recover, or build forward better from the
effects of a hazard in a timely and efficient manner through, among others,
disaster risk reduction and management and climate change adaptation and
mitigation, The NDRF shall be composed of a National Disaster Risk Reduction
and Management Framework (NDRRMF), and National Framework Strategy on
Climate Change (NFSCC);

(bbb) National Disaster Resilience Plan and Investment Program (NDRPIP) refers to

a plan formulated and implemented by the Department of Disaster Resilience in
accordance with the NDRF that sets out the outcomes, goals and objectives,
priorities, programs and corresponding action plans for disaster risk reduction,
preparedness, and management, and climate change mitigation. It shall also
include, among others, the goals, objectives and action plans for a National

Continuity Policy;

(ccc) Natural Hazard refers to a hazard predominantly associated with and/or caused

by natural processes or phenomena, such as those related to geology such as
earthquakes, ground rupture, liquefaction, landslides, tsunamis, sinkholes (Karst
subsidence), volcanic activity; hydrology and meteorology such as floods, severe
winds, typhoons, storm surges, climatological variability such as extreme
temperatures, El Nifio, La Nifia, and forest fires; biological events such as
epidemic or pandemic caused by outbreaks of viral, bacterial, parasitic, fungal or

a


prion infectious diseases affecting human, animal or plant life, insect infestations

or swarms; and extraterrestrial events such as meteorite or asteroid strikes:

(ddd) Open data refer to facts and statistics that can be freely used, shared and built-on

by anyone, anywhere, for any purpose, which must be available in bulk, free of
charge, or at least at no more than a reasonable cost and permit people to use, re-

use, and redistribute, intermix with other data providers;

(cee) Post-Disaster recovery refers to the restoration 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”;

(fff) Preparedness refers to pre-disaster actions and measures being undertaken within

the context of disaster risk reduction and management and are based on sound
risk analysis as well as pre-disaster activities to avert or minimize loss of life and
property such as community organizing, training, planning, equipping,
stockpiling, hazard mapping, insuring of assets, and public information and
education initiatives. This also includes the development or enhancement of an
overall preparedness strategy, policy, institutional structure, warning and
forecasting capabilities, and plans that define measures geared to help at-risk
communities safeguard their lives and assets by being alert to hazards and taking

appropriate action in the face of an imminent threat or an actual disaster;

(ggg) Prevention refers to activities and measures to avoid existing and new disaster

risks, and the concept and intention to avoid potential adverse impacts of

hazardous events;

(hhh) Probabilistic risk assessment refers to the simulation of those future disasters

(iii)
Gi)

based on scientific evidence, and which are likely to occur in order to resolve the
problem posed by the limits of historical data by reproducing the physics of the
phenomena and recreating the intensity of a large number of synthetic events,
including all possible scenarios, their likelihood, and associated impacts;

Public Sector Officials/Employees refer to all person in the civil service;

Rehabilitation refers to measures that ensure the ability of affected communities
or areas to restore their normal level of functioning by rebuilding livelihood and

infrastructures and increasing the communities’ organizational capacity;

(kkk) Resilience refers to the ability of a system, community or society exposed to

hazards to resist, absorb, accommodate, and recover from the effects thereof in a

12


timely and efficient manner, including through the preservation and restoration
of its essential basic structures and functions in a manner that will make them
more resistant to future risks;

(Ill) Response refers to any concerted effort by two (2) or more agencies, public or
private, to provide assistance or intervention during or immediately after a
disaster to meet the life preservation and basic subsistence needs of those people
affected and in the restoration of essential public activities and facilities;

(mmm) Retrofitting refers to an act reinforcing or upgrading existing structures to
make them more resistant and resilient to the damaging effects of hazards;

(nnn) Risk refers to the combination of the probability of an event and its negative
consequences;

(000) Risk assessment refers to a methodology to determine the nature and extent of
risks by analyzing potential hazards and evaluating existing conditions of
vulnerability that together could potentially harm exposed people, property,
services, livelihood and the environment on which they depend. Risk assessment
with associated risk mapping include: a review of the technical characteristics of
hazards such as their location, intensity, frequency and probability; the analysis
of exposure and vulnerability including the physical, social, health, economic,
and environmental dimensions; and the evaluation of the effectiveness of
prevailing and alternative coping capacities in respect to likely risk scenarios;

(ppp) 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;

(qqq) Safety stock refers to items of raw materials, component parts, or finished goods
maintained in inventory in order to reduce the risk that such item will be out of
stock, in anticipation of unforeseen shortages or unusual demand for such items;

(rr) State of Calamity refers to a condition involving mass casualty, disruption of
means of livelihoods, or major damages to property, infrastructure, and the
normal way of life of people in the affected arcas as a result of the occurrence of
natural or human-induced hazard event;

(sss) Sustainable development refers to development that meets the needs of the

present generation without compromising the ability of future generations to meet

13


their own. It contains within it two (2) key concepts: first, the concept of “needs”,
in particular, the essential needs of the world’s poor, to which overriding priority
should be given; and second, the idea of limitations imposed by the state of
technology and social cohesion and harmony, and ecological integration of a
sound and viable economy, responsible governance, and ecological integrity to
ensure that human development now and through future gencrations is a life
enhancing process;

(tte

Volunteers refer to individuals, groups or entities that offer and provide services
or assistance, without compensation, to help people and areas affected by
disasters;

(uuu) 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 such as poor design and construction of buildings,
inadequate protection of assets, lack of public information and awareness, limited
official recognition of risks and preparedness measures, and disregard for wise
environmental management;

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

(www) Whole of Society Approach refers to an approach that encourages the
meaningful and active participation and synergy of the different stakeholders of
society toward climate change adaptation and mitigation, and disaster risk
reduction and management at the national and local levels;

(xxx) Whole of Government Approach refers to an approach that instills and fosters
collaboration among all government instrumentalities both at the national and
local levels toward shared sustainable development goals and outcomes; and

(yyy) Whole of Nation Approach refers to an approach that secks to bring about a

concerted effort towards sustainable development, and national peace and

security by creating consensus and understanding of development and security
that is shared not just among core security forces and oversight government
institutions, but also by the nation’s stakeholders such as government, civil
society, private sector, and the communities.

Article I

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THE DEPARTMENT OF DISASTER RESILIENCE:
MANDATE, POWERS, AND FUNCTIONS
SEC. 4. Creation and Mandate of the Department of Disaster Resilience. — There is
hereby created a Department of Disaster Resilience, herein after referred to as the
Department.

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

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

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

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

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

(a) Geological Phenomena and Related Hazards
1) Earthquake — ground rupture, ground shaking, liquefaction, tsunami, fire,
landslides, and seiche or lake water oscillation
2) Volcanic activity — ash fall, pyroclastic flow, lava flow, lahar, fissuring, and
volcanic gas
3) Mass movement — landslides, debris flow, Karst subsidence-sinkhole)
(b) Hydrological, Oceanographic and Meteorological Phenomena and Related Hazards
1) Tropical cyclone — severe winds, storm surge, rouge waves, severe rainfall

including hail

15


2) Flood, rain-triggered landslides and storm surges
3) Erosion
4) Marine heatwaves, extreme sea events, and sea level rise
(©) Climate Variability/Change with Related Hazards of Compound Events and
Cascading Impacts
1) El Nifio or La Nifia (ENSO) with associated rainfall and temperature (in
particular, projected extreme ENSOs)
2) Extreme temperature (heat wave or cold wave), extreme weather conditions
(drought or excessive rainfall)
3) Wildfire (forest or land fires)
@

Biological and Related Hazards

1) Epidemic or Pandemic — viral, bacterial, parasitic, fungal, prion infectious
diseases

2) Insect Infestation — grasshoppers/locusts

e) Extra-Terrestrial ~ Meteorite or Asteroid impact, or such other threats as may come

from outer space.

The Department shall manage and direct the implementation of national, local, and
community-based disaster resilience and disaster management programs, projects and
activities, including disaster response, recovery and rehabilitation, when applicable, in
collaboration with relevant national government agencies, LGUs, CSOs, academic institutions
and other stakeholders, as applicable: Provided, That for human-induced disasters, the
Department of the Interior and Local Government (DILG), Department of National Defense
(DND), Department of Social Welfare and Development (DSWD), and other relevant
government instrumentalities, including the Armed Forces of the Philippines (AFP), Bureau of
Fire Protection (BFP), Philippine National Police (PNP), Philippine Coast Guard (PCG), and
Office of Civil Defense (OCD), shall continue to perform their functions: Provide further, That
the Department shall remain as the lead agency in recovery and rehabilitation efforts in
collaboration with all stakeholders when applicable.

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

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

a) General Functions

16


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

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

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

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

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

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

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

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

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

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

7


11) Advise the President on matters concerning disaster resilience and make
recommendations, as appropriate;

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

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

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

b) Disaster Risk Reduction

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

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

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

government departments, government agencies, government owned and

controlled corporations, LGUs, or other government institutions;

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

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

6. Formulate a National Continuity Policy including plans and programs to

implement government governance and business continuity;

18


. Ensure the use of advanced science and technology in the anticipatory planning

of communities against the impact of natural hazards and climate change through
consultati

and employment with a regular department funding for relevant
academic or higher educational institutions with proven risk reduction record;

. Establish a system to ensure that all disaster-related data are accessible to all

stakeholders to generate the best scientific information and technological

products for use in disaster resilience;

). Ensure that all climate change-related hazards are included in the development of

climate risk profiles of targeted LGUs as provided for in the National Climate
Risk and Management Framework (CRM) policy document of the Climate
Change Commission (CCC) and that the appropriate institutions such as the
academe and other science experts or organizations who have the capability to
develop or have developed methodologies to establish climate change risk profile
are officially engaged;

. Undertake programs and projects to reduce the vulnerability of physical

infrastructure, assets, and facilities including retrofitting, and structural and non-
structural upgrading, in coordination with the relevant government agencies;

- Call on relevant government agencies to develop alternative livelihood programs

to reduce the vulnerability to disasters of certain areas or certain sectors of
society;

.. Formulate, facilitate and monitor efforts relating to certain resources or sectors

toward addressing the long-term effects of climate change on sustainable
development, such as water resources, agriculture, forestry, coastal and marine
resources, health, and infrastructure, in coordination with relevant government

agencies;

. Design and implement an incentive system for greater private and public

investment, both at the local and national levels, on disaster risk reduction;

. Oversee and ensure the mainstreaming of climate change adaptation and disaster

risk reduction in development and land use planning, and the preparation of

contingency plans;

. Create an enabling environment that shall promote broader multi-stakeholder

participation for disaster risk reduction and climate change adaptation and

mitigation;

19


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

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

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

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

©) Disaster Preparedness and Response

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

2

Establish a corps of first responders in partnership with national and local
stakeholders, both public and private;
3

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

4

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

5
6)

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

Regulate the accreditation of donors, volunteers, and assisting non-government
stakeholders, both domestic and international;
7) Formulate standards for contingency planning that shall be adopted by the LGUs;

8)

Develop a database of exposure or elements at risk per area to facilitate and ensure
quick impact and needs assessment in the event of a disaster;
9)

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

20


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

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

12) Institutionalize the proper use of an Incident Command System (ICS) as a tool to
organize on-scene operations for a broad spectrum of disasters or emergencies
from small to complex incidents, both natural and human-induced;

13)Coordinate information-sharing and other disaster risk reduction protocols
following the principle of inter-operability among national government agencies
and local government units;

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

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

16)Recommend to the President to call upon the AFP and PNP to render the
necessary assistance in a disaster-affected arca by the authority of the President;

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

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

21


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

20) Undertake all other programs and projects necessary to attain the necessary

outcomes for disaster preparedness and response.

d) Recovery and Building Forward Better

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

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

3) Establish a system that utilizes templates, exposure database, and other tools, and
develop the Department’s in-house capacity for the prompt and expedient
preparation of rehabilitation plans, when needed, for disaster affected areas;

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

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

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

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

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

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

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

e) Other Functions

22


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

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

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

4) Negotiate, enter into, institutionalize, and coordinate arrangements with any
private person or entity for the purpose of ensuring the adequate and prompt
availability of goods and services necessary in anticipation of, during, and in
the aftermath of disasters;

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

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

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

Article IIT
EMERGENCY MEASURES
SEC. 6. Emergency Measures. - (a) To protect and preserve life and property and
ensure and promote public safety and welfare, the Department may undertake and implement
the following emergency measures in anticipation of, during, and in the aftermath of disasters:

1) Carrying out of preemptive evacuation;

2) Imposition of curfew;

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

23


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

5) With the concurrence of the DOF, recommend to the Monetary Board the deferment
of the payment of monetary obligations of local government units and private entities
that have been severely affected by disaster.

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

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

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

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

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

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

Article IV
ORGANIZATION AND MANAGEMENT
SEC. 8. The Secretary. - The Department shall be headed by the Secretary of Disaster
Resilience, hereinafter referred to as the Secretary, who shall be appointed by the President,

subject to confirmation by the Committee on Appointments. The Secretary shall preferably

24


have a good background in any of the scientific, engineering, and public management fields

relevant to the attainment and promotion of resiliency to natural hazards and climate change,

and demonstrated managerial acumen.
SEC. 9. Powers and Functions of the Secretary. - The Secretary shall have the
following powers and functions:

a)

db)

¢

gd
©

8g

h)

k)
vy)

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

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

Exercise control and supervision over all functions and activities of the
Department and its officers and personnel;

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

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

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

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

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

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

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

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

SEC. 10. The Undersecretaries. - The Secretary shall be assisted by four (4)

Undersecretaries, who shall be appointed by the President upon the nomination of the

Department Secretary, and which shall be responsible for the following key result areas:

2s


a)

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

b)

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

°)

Recovery and Building Forward and Better - to formulate and implement
rehabilitation plans for disaster-affected areas, and to ensure the implementation of
disaster recovery and rehabilitation measures, such as, but not limited to, post-
disaster shelters and livelihood projects, in collaboration with relevant agencies,
LGUs, and other stakeholders.

d) Support to Operations - to formulate and implement, among others, policies,

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

SEC. 11. The Assistant Secretaries and Directors. - The Department shall have four

(4) Assistant Secretaries, who shall be appointed by the President upon the nomination of the

Department Secretary, and appropriate number of Directors to ensure for the effective,

efficient, and responsive implementation of the mandate and functions of the Department.

SEC. 12. Qualifications. — No person shall be appointed Secretary, Undersecretary, or

Assistant Secretary of the Department unless a citizen and resident of the Philippines, of good

moral character, and of proven experience, competence or expertise in humanitarian relief

assistance and disaster management. The Secretary, Undersecretary, or Assistant Secretary

shall not hold any other position, public or private, during their terms of office.

SEC 13. Structure and Staffing Pattern. — The Department shall determine its

organizational structure and staffing pattem and create such services, divisions, and units, as it

26


may require or deem necessary, subject to the approval of the Department of Budget and
Management.

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

The Department is authorized to collect fees derived from the DRRTI.

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

The ACCCs are command centers established in other locations to provide supplemental
support to the NDOC. The number and location of ACCCs shall be determined by the
Department. Temporary ACCCs may likewise be established by the Department, if necessary.

SEC. 15. DRRTI Functions and Inter-Agency Knowledge Sharing. - The DRRTI shall
be a platform for providing training preferably on site, and for collecting, consolidating,
managing, analyzing, and sharing knowledge and information to improve or enhance disaster
resilience.

The DRRTI shall:

a) Establish reliable and up-to-date disaster-related information and communication
systems and technologies through close collaboration with the DOST, DENR-MGB’s
geohazard units, and with academic institutions;

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

©) Establish a database that includes relevant information from other government
agencies and third parties for the Department to better prepare and respond to natural hazards
including, but not limited to, an inventory of hazardous materials per area;

4d) Consult and coordinate with, and consolidate information or data from, relevant
government agencies, such as, but not limited to, DOST, DENR-MGB’s geohazard units,

27


LGUs, academic institutions, and relevant CSOs to enhance the IDRIS and to promote
knowledge sharing among all stakeholders;

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

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

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

SEC. 16. Compliance and Accreditation of DRRTI with International Standards. -
The Department shall strive to obtain certification from, and accreditation by, international
accreditation bodies of the DRRTI to ensure DRRTI’s compliance with international standards.
The Department shall likewise ensure collaboration with key countries and international
organizations to incorporate best practices on disaster resilience in the Department’s policies
and programs.

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

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

Article V
NATIONAL AND LOCAL GOVERNMENT RELATIONS

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

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

Other maintenance and operating expenses and other capital outlay requirements of the
LDRO in the implementation of disaster risk and vulnerability reduction management and

28


climate change adaptation programs shall be charged to the Local Disaster Resilience Fund of
the LGUs

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

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

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

Local Disaster Resilience Officers (LDRO) shall comply with the minimum requirements
in terms of education, training and experience, civil service eligibility, physical fitness, and
other qualities required for the position. The degree of qualification of an officer or employee
shall be determined by the appointing authority on the basis of qualification standards for the
particular position.

Provided, however, that the local chief executive may request the waiver from experience
and training requirements for the appointment to the LDRO, subject to the approval of the CSC
only on meritorious cases.

SEC. 22. Powers and Functions of City and Municipal DROs. - The City and
Municipal (CDRO and MDRO) shall have the following powers and functio

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

Design, program, coordinate, and implement disaster resilience activities including
preparedness, risk reduction, response, recovery and rehabilitation measures
consistent with the standards and guidelines provided by the Department, and
implement the NDRF and the NDRPIP at the city or municipal level;

29


°)

d)

e)

8)

h)

)

k)

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

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

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

Establish and maintain, in coordination with the Department, an information
management system within the LGU which, among others, consolidates and includes
local risk information on natural hazards, profile of the LGU’s vulnerable or
marginalized groups, local risk maps, and a disaggregated database of human
resource, equipment, services, resources, directories and location of critical
infrastructures with their capacities as hospitals and evacuation centers;

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

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

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

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

Monitor and mobilize instrumentalities and entities of the LGU and its partner LGUs,
CSOs, private sector, organized volunteers, and sectoral organizations for disaster
resilience activities, in accordance with policies and procedures of the Department

and applicable laws;

30


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

m) Coordinate with the Department, other government agencies, members of the private
sector and other stakeholders in the LGU to establish a Business Continuity Plan as
part of their LDRP’s disaster preparedness measures:

n)

Establish linkage or network and coordination mechanisms with other LGUs and the
Department for disaster resilience activities and to achieve the purposes of this Act;
and,

0)

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

SEC. 23. Provincial Disaster Resilience Officer. - The Provincial Disaster Resilience

Office (PDRO) shall be headed and managed by a Provincial Disaster Resilience Officer with

regular plantilla position.

SEC. 24. Powers and Functions of the PDRO. - The PDRO shall have the following

powers and functions:

a)

b)

°)

dq)

e)

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

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

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

Prepare and submit to the Sanggunian Panlalawigan, the Provincial LDRP, the
proposed programming of the province's Local Disaster Resilience Fund, other
dedicated disaster resilience resources, and other funding sources of the PDRO;
Recommend to the Sanggunian Panlalawigan the enactment of local ordinances to
implement the Provincial LDRP, NDRF and NDRPIP at the provincial level, and to
comply with other requirements of this Act;

Prepare and submit to the Department, the local Commission on Audit, and the
applicable Regional Disaster Resilience Office a report on the utilization of the

31


8)

hy

province’s Local Disaster Resilience Fund and other disaster risk reduction and
management resources;

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

monitor and respond to the needs of cities and municipalities within its jurisdiction in

relation to disaster resilience activities;
Procure emergency works, goods, and services in compliance with the regulations,
orders, and policies of DBM and GPPB, to implement the provincial LDRP or support
early recovery and post-disaster activities of the PDRO;

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

jurisdiction as necessary for disaster preparedness and response at the provincial level;

k) Coordinate and provide the necessary support or assistance to the Department in the

implementation of rehabilitation plan(s) within the cities and/or municipalities covered

by the PDRO; and

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

procedures of the Department and applicable laws, to achieve the purposes of this Act.
SEC. 25. Regional Offices. - The Department shall establish and maintain Regional

Offices (ROs) at each region, and a National Capital Region Office (NCR). The size,

composition and organization of ROs and NCR shall be based on parameters provided in the

IRR on the ability of LGUs within its jurisdiction to cope with previous disasters, or to

implement their LDRPs or Provincial LDRPs; the level of income, population, hazard exposure
of LGUs. The ROs and NCR shall be funded by the Department.

SEC. 26, Regional Director. - Each RO and the NCR shall be headed and managed by

a Regional Director with regular plantilla position. The Regional Director shall be appointed

by the Department Secretary for a fixed term pursuant to requirements, terms of office and

endowed with the emoluments and benefits subject to existing laws, rules and regulations.

32


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

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

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

b)

©)

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

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

) Disburse to, and monitor the use by, LGUs of Supplemental LDRF as granted by the

Department pursuant to this Act and its IRR;

1) Provide, upon the request of LGUs or unilaterally at its own discretion, assistance to
LGU(5) within its jurisdiction as necessary to ensure the implementation of LDRPs
or Provincial LDRPs, NDRF and NDRPIP, and to render efficient and timely disaster
preparedness, response and recovery measures;

g

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

h

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

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

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

j) Establish and maintain, in coordination with the Department, a Regional Command

and Control Center (RCC) which includes, among others, an information

management system at the regional level which consolidates and integrates

information from the provinces, cities and municipalities within its jurisdiction, a

multi-hazard early warning and communications system, and a monitoring system

that enables the RO to oversee, supervise, monitor and respond to the needs of LGUs

within its jurisdiction in relation to disaster resilience activities; implement or assist

33


in the implementation, as directed by the Department, of rehabilitation plans for

LGUs within its coverage; and

k) Conduct other activities and/or act on other matters, in accordance with policies and

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

Act.

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

different ROs.

SEC. 29. Levels of Responsibility for Disaster Preparedness and Response. - The

primary responsibility for disaster preparedness and response shall be exercised at the local and

national level in collaboration with the relevant departments and agencies, as follows:

RESPONSIBILITY

Level 1 ~ City or
Municipality

~~ LEVELS OF ]

RESPONSIBLE
OFFICIALS

| Mayor of the City /
Municipality (Lead)

Local Disaster Resilience
Office

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

CONDITIONS

Tfa disaster affects a single |
municipality / city

Level 2 — Province

Governor (Lead)

Provincial Disaster

Resilience Office

Applicable Local Disaster

Resilience Offices

Ifa disaster affects two or

more municipalities / cities

34



(In the case of BARMM:

Provincial Governor and

BARMM Local Disaster
Resilience Office/s)

Level 3—Region

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

Applicable Governors

Applicable Provincial
Disaster Resilience
Offices

(In the case of BARMM:
Regional Governor and
ARMM Local Disaster
Resilience Office/s)

(In the case of Metro Manila:
MMDA Chair)

“Ta disaster affects two or

more provinces and/or
independent component or
highly urbanized cities

Level 4 -- National

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

Secretary of the Department
of Disaster Resilience (Lead)

Governors of the affected

Provinces

‘When a state of calamity
is declared by the

President

If a disaster affects at

least two (2) regions

When the affected LGU
cannot dispense its
functions, or respond to
the threat or effect of

disaster;

35



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

When the President directs a

Level 4 response.

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

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

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

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

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

36


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

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

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

SEC. 36. Establishment of Multi-Stakeholders Convergence Unit. - The Department
shall, with the assistance of other relevant government agencies and stakeholders, establish a
Multi-Stakeholders Convergence Unit (MSCU) within ninety (90) days which shall align the
disaster resilience efforts of the private sector, CSOs, academe and other stakeholders with that
of the Department by assisting, coordinating or providing services that strengthen public
private coordination in disaster resilience, including the following:

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

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

5

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

4) Facilitation or assistance in obtaining or processing incentives for the private sector

or other non-government stakeholders, such as tax credits; and
e) Preparation and facilitating the issuance of special rules for Micro, Small, and
Medium Enterprises (MSMEs) such as mechanisms involving procurement and
liquidity to create enabling environments for disaster preparedness and recovery.
The MSCU shall establish a platform that includes. among others, a database for
monitoring and coordinating efforts and resources of nongovernment stakeholders. It shall be

headed by one (1) of the Undersecretaries of the Department

37


SEC. 37. Roles and Responsibil
knowledge, experience and resources of relevant stakeholders are critical to realize a safer,

jes of Stakeholders. — The commitment, goodwill,

adaptive, resilient and inclusive Filipino community. Citizens shall have the shared vision and
duty to provide support to the State in the implementation of policies and programs, particularly
the Disaster Resilience Framework and Disaster Resilience Plan at the national, regional, and
local levels.

a) Civil society, non-governmental organizations, international non-governmental
organizations, private sector, DRRM practitioners, and volunteers shall participate,
in collaboration with public institutions, in the exchange of information, learnings,
and guidance on disaster resilience. The Department shall encourage and
institutionalize their engagement in the implementation of local, regional, national,
and global plans and strategies to enhance public awareness and promote a culture of
disaster resilience;

b)

Women, children, and youth, as agents of change, shall endeavor to contribute

actively and participate in disaster resilience trainings and information dissemination;
shall contribute their knowledge and
experience on disaster preparedness and resiliency;

©

Senior citizens and persons with disabi

d@

Migrants and the urban and rural poor shall participate in building resilient

resettlement communities;

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

f) Academia, scientific and research entities, and networks shall be assisted, as

necessary, to undertake relevant research on disaster resiliency in partnership with

the Department and other stakeholders for better decision-making;

g) The private sector is encouraged to integrate disaster resiliency projects and programs

in their corporate social responsibility initiatives; and

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

The Department, with the assistance of the ROs shall, within sixty (60) days after the

effectivity of this Act, establish and convene a Disaster R«

lience Assembly at the regional
and national levels which shall be held on a quarterly basis to ensure the proactive engagement
of different stakeholders, such as government agencies, the Union of Local Authorities of the
Philippines (ULAP), League of Cities of the Philippines (LCP), League of Municipalities of

38


the Philippines (LMP), CSOs, NGOs, academe, DRRM practitioners, and the private sector, to
ensure and foster coordination and collaboration towards achieving the goals of this Act.

LGUs shall, within sixty (60) days after the effectivity of this Act, convene local DRAs
within their jurisdictions, for the attainment of disaster resilience at the local level

SEC. 38. Recognition and Incentives. - The Department, in partnership with the private
sector, shall establish an incentives program that shall recognize the outstanding performance
of LDRO, NGOs, CSOs, schools, hospitals, and other stakeholders in promoting and
implementing significant disaster risk reduction management-climate change adaptation
programs and innovations, and meritorious acts of individuals, groups or institutions during
natural disasters subject to existing laws, rules and regulations.

Article VIL
PREPAREDNESS AND INTEGRATED EARLY WARNING
SEC. 39. Standards for Disaster Preparedness Activities. — (a) The Department shall
establish standards and protocols for disaster preparedness, contingency planning, localizing
and operationalizing disaster risk reduction and management, preparedness for responding to
disasters and undertaking early recovery, continuity of essential services, and other relevant
preparedness activities.

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

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

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

The Department shall formulate and implement multi-hazard early warning protocols
integrating all disaster preparedness systems in collaboration with local cxecutives,
community-based organizations, civil society organizations, and other non-governmental

organizations for proper use and application.

39


SEC. 41. Early Warning Mandate. - (a) The Department shall issue an integrated early
warning alert for the impending occurrence of hazards that will enable the public to prepare in
time and act appropriately to minimize potential harm or loss.

(6) The Department at the national and local level shall use an integrated early warning
system to ensure it is consistent and locally contextualized with the communication protocol
and safe evacuation procedure of the affected communities. It shall work with other agencies
or organizations on pre-crisis information mapping of the humanitarian needs of at-risk
communities that will enhance the overall prepositioning of resources at the national and local
level.

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

(a) The Department shall recognize and proactively support local or indigenous modes
of early warning systems and allow open access to near real-time data from both local and
international sources made available through various platforms such as websites, mobile apps,
and social media to empower local communities and individuals. Any person who transmits
early warning concerning the abovementioned phenomena by means of signs in designs, colors,
lights, or sound shall do so in compliance with the methods recognized or approved by the
Department.

Article VIII
HUMANITARIAN ASSISTANCE

SEC. 42. Management of Humanitarian Assistance. - (a) The Department shall have
the power to receive and manage humanitarian assistance from any person or entity, whether
from local or international sources.

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

SEC. 43. International Humanitarian Assistance. - The Department, in consultation
with the Bureau of Immigration and the Bureau of Customs shall promulgate guidelines on
international humanitarian assistance, including the initiation, entry, facilitation, transit,

40


regulation and termination thereof, as well as those involving international disaster relief and
personnel assisting international actors, visa waiver, recognition of foreign professional
qualifications, entry of intemational disaster goods and equipment, and exemption from port
duties, taxes, and restrictions.

SEC. 44. Assessment of the Need for International Humanitarian Assistance. — (a)
Immediately after the declaration of a state of calamity by the local Sanggunian of the relevant
local government unit or by the Department, as the case may be, the Department shall
determine whether domestic capacities are likely to be sufficient to attend to the needs of
affected persons for international humanitarian assistance. This determination may also be
made, at the discretion of the President, prior to the onset of an imminent disaster.

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

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

SEC. 45. Humanitarian Assistance Action Center. — The Department shall create an
inter-agency one-stop shop mechanism called the Humanitarian Assistance Action Center
(HAAC) for the processing and release of entry and facilitation of goods, articles or equipment
and services and international relief workers for the provision of international humanitarian
assistance and the processing of necessary documents for assisting international actors.

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

a)

Bureau of Customs;

b) Department of Foreign Affairs;

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

°

Food and Drug Administration;
f) Department of Agriculture;

g) Department of Energy;

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

j) Philippine Coast Guard;

41


k) Department of Transportation;

Department of Environment and Natural Resources;

m) Bureau of Immigration; and

n) Bureau of Fire Protection.

SEC. 46. Request for International Humanitarian Assistance. — (a) In cognizance of
the urgency, criticality and intensity of an imminent risk, the Department shall issue a flash
appeal to the family of nations, under regional and multilateral conventions, for assistance in
preparedness, including preemptive measures, search, rescue, and retrieval, relief, recovery,
and reconstruction.

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

SEC. 47. Regulation of Humanitarian Assistance. ~ (a) The Department shall ensure
the efficient and effective monitoring of humanitarian assistance from domestic or international
donors, establish and operate a platform, including an online platform, to facilitate, and provide
public access to information on donations.

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

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

Article IX
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES

SEC. 49. Offer and Facilitation of International Humanitarian Assistance to
Foreign States. - In the event of a disaster occurring in a foreign State for which international
humanitarian assistance is required, the Department, in coordination with the DFA, may offer,
facilitate, provide, and deploy international humanitarian assistance to said foreign State,
which shall be subject to guidelines to be promulgated by the Department for the purpose.

42


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

Article X
DECLARATION OF STATE OF CALAMITY

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

SEC. 52. Conditions for the Declaration of a State of Calamity. -The President shal!
declare a state of calamity when all of the following requisites are present:

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

b) The occurrence was caused by a natural disaster;

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

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

SEC. 53. Mandatory and Remedial Measures. - The declaration of a state of calamity

shall allow the immediate implementation of any or all of the following remedial measures:

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

»d

Monitoring, prevention and control by the Local Price Coordination Council of

overpricing or profiteering and hoarding of prime commodities, medicines and

petroleum products;

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

@

Use of alternative methods of procurement as provided in Article XVI of Republic
Act No. 9184, as amended by R.A., 12009, its implementing rules regulations (IRR)
and other issuances of the Government Procurement Policy Board by the
Department, LGUs or the relevant government instrumentalities in relation to the
urgent procurement of emergency works, goods and services to effectively respond
to, quickly respond to disasters, and build forward better.

43


Article XI
RECOVERY

SEC. 54, Standards for Recovery. — The Department shall observe internationally
accepted standards for recovery, planning, programming and implementation of the recovery
process. Towards this end, the Department shall:

a) Improve the community’s physical, social and economic resilience, consistent

with the principle of “building forward better”;
b)

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

°

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

©)

Maximize use of private-public sector partnership where possible;
f) Consider local conditions such as culture, security situation and existing

capacities of communities in identifying programs and projects;

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

h

Ensure restoration of peace and order and recovery of government functions.
Article XII
FUNDS AND RESOURCES

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

SEC. 56. Local Disaster Resilience Fund and Local Disaster Contingency Fund. -
LGUs shall annually set aside not less than five percent (5%) of their local budget, to constitute
a Local Disaster Resilience Fund (LDRE). The LGU shall use its LDRF to maintain and operate
its LDRO to maintain the officers, employees and staff of the LDRO, and to implement plans,
programs and activities under its LDRP. Thirty percent (30%) of the LDRF shall be set aside
as Local Disaster Contingency Fund (LDCF) which shall be used for disaster response and

quick recovery measures.


Nothing contained in this Act shall prevent LGUs from providing additional funding or
allocating additional resources for disaster resilience activities, plans and programs within their
jurisdiction.

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

SEC. 58. National Disaster Resilience Fund. — (a) The National Disaster Risk
Reduction and Management Fund (NDRRM Fund) created under Section 22 of Republic Act
No. 10121, otherwise known as the “Philippine Disaster Risk Reduction and Management Act
of 2012”, appropriated under the annual General Appropriations Act is hereby renamed as
National Disaster Resilience Fund (NDRF) and shall be managed and controlled by the
Department. The NDRF shall be used for disaster risk reduction or mitigation, prevention, and
preparedness activities such training of personnel, procurement of equipment, and capital
expenditures. I can also be utilized for relief, recovery, reconstruction, and other work or
services in connection with natural or human-induced calamities which may occur during the
budget year or those that occurred in the past two (2) years from the budget year.

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

SEC. 59, People’s Survival Fund, - The Secretary of the Department shall be a member
of the People’s Survival Fund Board mandated to manage and administer the People’s Survival
Fund created under Republic Act No. 10174 entitled “An Act Establishing The People’s
Survival Fund To Provide Long-Term Finance Streams To Enable The Government To
Effectively Address The Problem Of Climate Change, Amending For The Purpose Republic
Act No. 9729, Otherwise Known As The "Climate Change Act Of 2009", and facilitate its

45


utilization by LGUs, through ROs, to implement climate change adaptation projects of LGUs,
and equip vulnerable LGU communities against the impacts of climate change.

SEC. 60. Multi-Donor Trust Fund. - The Department shall create and manage, together
with the Bureau of Treasury, a Multi-Donor Trust Fund for the processing, releasing and
accounting of money and other similar resources intended for disaster assistance. The
Department shall establish a system to ensure transparency in the management and use of the
Multi-Donor Trust Fund.

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

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

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

Article XU
SPECIAL RULES ON BORROWING, TAXES,
ECOZONES AND PROCUREMENT

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

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

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


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

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

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

LGUs may also implement local tax rules which would grant disaster victims reasonable
reduction, exemption, or deferment of local taxes or other types of tax assessments; or take
other necessary action at the local level to provide tax relief to disaster victims.

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

SEC. 66. Economic Recovery and Development of Disaster-Prone Areas. - (a) The
Department, in coordination with the Department of Trade and Industry (DTI) and other
relevant agencies, shall create and provide policies, programs, and projects, such as, business
tax relief and subsidies, to encourage business investments, and to stimulate economic
activities in affected or disaster-prone areas.

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

SEC. 67. Procurement. — The Department, ROs, or LGUs may resort to any of the

Alternative Methods of Procurement provided in RA No. 9184, including Negotiated

Procurement (Emergency Cases) under Section 53 (b) of RA No. 9184, as amended by RA

No. 12009 under Section 35, in any of the following instances:

a) Incase of imminent danger to life or property during a state of calamity;

b) When time is of the essence arising from natural or man-made calamities; and

c) Other cause where immediate action is:

1) To prevent damage to or loss of life or property, or
2) Restore vital public services, infrastructure facilities and other public utilities.

47


Furthermore, the Department, ROs, or LGUs may use Shopping under Section 52 (a) of
RA No. 9184, as amended when there is an unforeseen contingency requiring immediate
purchase.

SEC. 68. Alternative Modes of Procurement. - The Department, ROs, or LGUs may
resort to any of the Alternative Methods of Procurement provided in R.A. No. 9184, including
Negotiated Procurement (Emergency Cases) under Section 53 (b) of R.A. No. 9184, as
amended by RA No. 12009 under Section 35,

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

SEC. 69. Special Rules on Procurement for Reconstruction and Rehabilitation of
Affected Areas. — (a) The GPPB shall create special rules on procurement for services, goods,
and materials to be used for reconstruction and rehabilitation efforts in case of a natural disaster
including, but not limited to, the construction post-disaster shelters and provision of service
contracts, to ensure the procurement of quality-oriented goods. materials, and equipment and
to guarantee effective, efficient, and speedy procurement to achieve the goal of this Act.

(b) In case of procurement of services, goods, or materials for reconstruction and
rehabilitation effort, whether from local or international sources, the Department and the
relevant government agencies shall provide less bureaucratic restrictions, or exemption from,
or reduction of, customs duties.

SEC. 70. Procurement from Qualified Suppliers or Contractors. ~ The Department
shall have the power to procure goods and services from either local or foreign suppliers or
contractors for purposes of implementing programs, projects, and activities related to disaster
resilience and disaster management in accordance with R.A. No. 9184, as amended by RA
12009, its IRR and other issuances of GPPB.

SEC. 71. Framework Agreement. - The Department shall have authority to enter into
Framework Agreements for the purpose of, among others, establishing a logistics system for
the efficient and prompt distribution of goods, equipment or other materials required for
disaster response and management; securing food, medicines, fuel, or other supplies from
groceries, pharmacies, gas stations or other sources in the event of a disaster in a specific area;
ensuring an alternative source of power or water from private utilities in the event of a disaster
in a specific area; or arranging the immediate supply of other goods, services or equipment
necessary for disaster response and management. The conditions, limitations and parameters
of contracts or arrangements authorized under this section shall be provided in RA No. 9184,
as amended by R.A. 12009 and its IRR.

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SEC. 72. Other Procurement Rules and Policies. — In view of the urgency and avoid
unnecessary delays to procure goods, services, and implement projects for the purpose of
providing responsive, effective, and efficient rescue, recovery, relief, and rehabilitation effort
for, and to continue the provision of basic services to, disaster victims or disaster affected areas,
the GPPB shall issue appropriate resolutions, orders, and policies to effectively implement the
provisions of this Act.
Article XIV
DISASTER RISK TRANSFER AND INSURANCE

SEC. 73. Mandated Insurance Coverage. - To attain disaster resilience and achieve
the purposes of this Act, the Department shall have the discretion and authority to require
government agencies, government-owned and controlled corporations (GOCCs), or LGUs to
insure their assets and/or properties such as, among others, vessels, vehicles, equipment,
machineries, permanent buildings, properties stored therein, or properties in transit against
insurable risks and pay the premiums therefor, to compensate the Government, GOCC or LGU,
as applicable, for any damage to, or loss of, properties due to a natural disaster.

Article XV
YOUTH ASSISTANCE AND PARTICIPATION

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

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

b) Conducting disaster risk training and management programs involving the youth;
Coordinating with the Department of Education to create school curricula or
programs that educate and train children on disaster risk awareness and disaster
preparedness;

©)

Mobilizing youth organizations; and
d) Encouraging the participation of the youth, through the barangay youth
representative and the Sangguniang Kabataan (SK) to participate in disaster
resilience and disaster management activities.

SEC. 75. Youth Oriented Disaster-Related Programs, Policies, and Projects. - (a) The
Department, with the assistance of the National Youth Commission, shall provide training on,
and implement, response and rehabilitation programs for the youth, including mental health
and psycho-social services.

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

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

Article XVI
PROHIBITED ACTS AND PENALTIES

SEC. 77. Prohibited Acts - Any public official, private person, group or corporation who
commits any of the following prohibited acts shall be held liable and be subjected to the
criminal and administrative penalties as provided for in Section 70 of this Act, without
prejudice to the imposition of other criminal, civil and administrative liabilities under existing
laws.

a) Prohibited Acts of Public Officials. The following acts, if committed by public

officials without justifiable cause, shall be considered as gross neglect of duty:

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

2) Failure to enforce laws, standards, or regulations such as the National Building
Code, Solid Waste Management Act, Water Code, and other relevant laws, thereby
‘increasing the risk of disasters or adversely affecting of disaster resilience;

3) Failure to expeditiously act on reported violations;

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

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

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

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

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

sO


3)

4)

5)

6)

i)

8)

9%

10)

1)

12)

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

Buying, for consumption or resale, from disaster relief agencies any relief goods,

equipment or other and commodities which are intended for distribution to disaster

affected communities;

Buying, for consumption or resale, from the disaster affected persons any 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;

Forcibly seizing relief goods, equipment or other aid commodities intended for or

consigned to a specific group of victims or relief agency;

Diverting or misdelivering relief goods, equipment or other aid commodities to

persons other than the rightful recipient or consignee;

Accepting, possessing, using or disposing relief goods, equipment or other aid

commodities intended for or consigned to other rightful recipient or consignee;

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

by:

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 79. Liability for Unlawful Performance of Duties and State Liability in Case of
Defense Litigation. - In case a lawsuit is filed against an officer or employee of the Department

as a result of the performance of official duties, and such performance was found to be lawful,

52


the officer shall or employee shall be reimbursed by the Department for reasonable costs of
litigation, For this purpose, the Department is authorized to procure the applicable liability
insurance for its officers and employees.

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

or failure to implement local ordinances.

Article XVII
SPECIAL COURTS AND INJUNCTIONS
SEC. 81. Special Courts on Disaster Resilience Matters. - To ensure the prompt and
expeditious resolution of disputes relating to disaster response, recovery or rehabilitation
measures, the Supreme Court may designate special courts to hear, try, and decide cases arising
from the following, among others:

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

b)

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

©)

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

d)

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

°)

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

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

Commission of prohibited acts under Article XVI of this Act;

8)
b

Disputes involving donations, relief goods, or contracts executed or implemented

pursuant to the provisions of this Act;

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i) Other matters relating to achieving the purposes of this Act which the Supreme
Court may determine as falling under the jurisdiction of the special courts created
pursuant to this Section.
SEC. 82. Dispute Resolution Mechanisms. -The Secretary of the Department may
establish a Dispute Resolution Board which shall resolve internal disputes involving
administrative matters related to:

a

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

Decisions of the ROs;

Contracts entered into by the Department or any of its agents pursuant to the

b)
©

provisions of this Act; and

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

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

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

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

Article XVIIL

FINAL PROVISIONS
SEC. 85. Transfer. —
The disaster risk reduction and management powers, functions, assets, Personnel, fund
and appropriations of the Office of Civil Defense (OCD) currently under the DND, are
hereby transferred to the Department, and the civil defense functions shall remain with
the DND.
The existing organizational and administrative systems and processes of the OCD, as
transferred, shall serve as the core organization of the Department.
b) The applicable powers, functions, funds and appropriations of the Disaster Response

a)

Assistance and Management Bureau and the National Resource and Logistics
Management Bureau under the DSWD, are hereby transferred to the Department.
c) The NDRRMC is hereby abolished.

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

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

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

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

b)

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

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

d)

Monitoring and evaluation of progress of implementation of national, sectorial,
and local plans and programs on climate change adaptation and disaster risk
reduction; and,
¢) Development of knowledge exchange platforms and implementation of
information, education, and communication program, including good practices
on Climate Change Adaptation and Disaster Risk Reduction.

SEC. 87. Transitory Provision. - The transfer of functions, assets, funds, equipment,
properties, transactions, and personnel of the affected and transferred agencies, and the
formulation of the internal organic structure, staffing pattern, operating system, and revised
budget of the Department, shall be completed within two (2) years from the effectivity of this
Act, during which time the existing personnel shall continue to assume their posts in holdover

capacities until new appointments are issued: Provided, That, after the abolition of the agencies

55


as specified in Section 85 of this Act, the Department, in coordination with the DBM, shall
evaluate, abolish old and/or create new positions.

SEC. 88. Inter-Departmental Relations and Coordination. The DDR shall
continuously call upon the following departments; (a) DOST for the Philippine Atmospheric ,
Geophysical and Astronomical Services Administration (PAGASA) and the Philippine
Institute of Volcanology and Seismology (PHIVOLCS); (b) DENR for the Geohazard
Assessment and Engineering Geology Section of the Mines and Geosciences Bureau (MGB);
(c) DOH for the Health Emergency Management Bureau (HEMB); and (d) DILG for the
Bureau of Fire and Protection: Provided, That the DDR and these departments shall establish
systems and protocols for fostering interdepartmental relations and close coordination, through
sustained sharing of data, information technology, facilities, and other resources critical to the
DDR, among others: Provided further, That the said agencies will fully cooperate with the
DDR, in anticipation of, during and as necessary in the determination of the DDR Secretary,
and perform agency mandates in close coordination with DDR as circumstances warrant in the
aftermath of emergencies and disasters: Provided, finally, That PAGASA, PHIVOLCS and the
Geohazards Unit of the MGB shall provide staff augmentation to DDR Operations Center as
the need arises.

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

SEC. 90. Program Management Office for the Earthquake Resiliency of the Greater
Metro Manila Area. - The Program Management Office for the Earthquake Resiliency of the
Greater Metro Manila Area (PMOERG), as created Pursuant to Executive Order No. 52 s. 2018,
shall be transferred to the Department under the supervision and control of the Secretary and
shall continue to exercise its mandated functions.

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

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

SEC. 93. Indigenous People. - (a) The Department shall, with the assistance of the
National Commission on Indigenous Peoples (NCIP) and the concerned LGUs, devise and
implement mechanisms that foster social protection for indigenous communities that are
vulnerable to the effects of natural disasters.

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

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

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

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

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

57


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

SEC. 98. Separation of Benefits of Officials and Employees of Affected Agencies. -

Public Sector employees who have been displaced or separated from the service pursuant
to reorganization under this Act shall be entitled to separation pay, retirement and other benefits
in accordance with Republic Act No. 6656 or the “Government Reorganization Law”, and other
laws, and rules and regulations issued by the Civil Service Commission on government
reorganization.

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

Employees who shall be displaced or separated as a result of the implementation of this
Act shall be given preference for appointment in the Department and in other government
agencies if they meet the qualification requirements of the positions.

No new employees shall be considered for appointment until all incumbent employees
have been placed. The placement of an incumbent employee to a higher position which
constitutes a promotion shall not be allowed until all incumbent employees have been placed
to comparable positions for which they are considered.

SEC. 99. Appropriations. - The amount necessary for the initial implementation of this
Act shall be taken from the current fiscal year’s appropriations of all agencies herein absorbed,
transferred, and attached to the Department. Thereafter, the amounts necessary for the
operation of the Department and the implementation of this Act shall be included in the annual
General Appropriations Act.

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

SEC. 101. Joint Congressional Oversight Committee on Disaster Resilience. — There
shall be created a Joint Congressional Oversight Committce on Disaster Resilience to monitor
the implementation of this Act. The Committee shall be composed of six (6) members of the
House of Representatives and six (6) members of the Senate to be designated by the Speaker
of the House of Representatives and the President of the Senate, respectively: Provided, That

58


two (2) members of the House of Representatives and two (2) Senators shall come from the
Minority of their respective houses of Congress. The Committee shall be jointly chaired by a
Member of the House of Representatives and a Senator designated by the Speaker of the House
of Representatives and the President of the Senate, respectively.

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

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

SEC. 103. Interpretation. - Any doubt in the interpretation of any provision of this Act
shall be resolved in favor of a liberal interpretation that will fulfill the objectives of this Act,
especially in relation to the provision of effective, efficient and timely disaster response,
rehabilitation and recovery.

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

SEC. 105. Repealing Clause. —The provisions of Republic Act No.10121 otherwise
known as the “Philippine Disaster Risk Reduction and Management Act of 2010”, Republic
Act No. 7160 otherwise known as the “Local Government Code of 1991”, Republic Act No.
7916 otherwise known as the “Special Economic Zone Act of 1995”, and all other laws,
decrees, executive orders, proclamations and other executive issuances, which are not
consistent with or contrary to the provisions of this Act, are hereby repealed or amended.

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

Approved,

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