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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3348

HOUSE BILL NO.

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

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

EXPLANATORY NOTE

The Philippines’ experiences with natural disasters such as super typhoon Pablo (2012),
the Bohol Earthquake (2013), and supertyphoon Yolanda (2013), among others, have shown that
the existing laws, policies, resources, and institutional arrangements governing disaster
management lacked responsiveness to the country’s requirements for disaster resilience.

In his 2019 State of the Nation Address, President Rodrigo Duterte called on both houses
of Congress to expeditiously craft a law establishing a new authority or department that is
responsive to the prevailing 21" century conditions and empowered to deliver enhanced disaster
resilience and quick disaster response.

This Bill seeks to create an empowered, highly-specialized and responsive Department of
Disaster Resilience (DDR) with clear unity of command, hereinafter referred to as the
“Department.” which shall be primarily responsible for ensuring safe, adaptive, and disaster-
resilient communities. The proposed Department shall be founded on a disaster resilience
framework underpinned by three (3) key result areas (KRAs): (1) D isaster Risk Reduction, (2)
Disaster Preparedness and Response; and (3) Recovery and Buildin g Forward Better.

The previously created National Disaster Risk Reduction and Management Council (the
Council) was under Republic Act No. 10121 was tasked to develop a framework which shall
provide for a comprehensive, all-hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management. The Council was tasked to perform policy
making, coordination, integration, supervision, monitoring, and evaluation functions. The Office
of Civil Defense (OCD), on the other hand, was mandated by the law to administer a
comprehensive national civil defense and disaster risk reduction and management program. The
law was passed with the end in view of providing a more effective system towards achieving
disaster resilience.

However, years after the creation of the Council, and several major disasters after, it
became apparent that the solution of creating a body composed of multiple offices of the
government primarily responsible for disaster preparedness and response, was not optimal. Natural
disasters have the capability to cause such far-reaching and impactful consequences that it has
become clear that a comprehensive, specialized, and focused approach is the only way to move
forward from the effects natural disasters.

It is only through the creation of a highly specialized government agency, with all its
resources fully focused on its mandate, that the events of past disasters can be avoided. The
enactment of a law for the purpose of creating a highly-specialized agency that can focus on the
effects of natural disasters and climate change, leaving other catastrophes such as man-made
disasters under the purview of other government agencies in already imperative. This way, all the


resources, knowledge, and skills of the Department can be focused towards achieving the goal of
ensuring the safety and security of our communities from natural hazards.

This Bill is a response to the Presidents call. The Department of Disaster Resilience, once
established by law, shall possess the necessary powers and functions, along with the technical
expertise and government support to carry out the ideas and plans which our earlier laws failed to
realize.

As former Speaker Gloria Macapagal Arryo once said, “We can now look forward to the
future with hope, knowing that the government is ready, better equipped and committed to exert
its best effort to reduce the risks that come with natural disasters, to empower local communities
to rise above the different vulnerabilities that surround them and to ensure that in the years to
come,” with the creation of the Department of Disaster Resiliece.

Immediate passge of this bill is earnestly sought.

‘HERYL P. DELOSO-MONTALLA
Representative
2™ District, Zambales


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

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

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Department of Disaster
Resilience Act”,

SECTION 2. Declaration of Policies and Principles.

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

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

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

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

It shall be the duty of the State to:


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

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

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

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

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

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

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

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

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

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

(11) Adopt a disaster risk and vulnerability reduction and management approach that is
holistic, comprehensive, integrated, and proactive in lessening the socioeconomic and


environmental impact of disasters including climate change, and promote the involvement and
participation of all sectors and all stakeholders concerned, at all levels, specially the local
community;

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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


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

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

(12) Businesses, private sector financial institutions, professional associations, as
well as philanthropic foundations together with financial regulators shall be encouraged to
integrate disaster risk management, including business continuity, into business models
and core business values and practices via disaster risk-informed investments, especially
in micro, small and local, regional, and national levels in contributing to the raising of
public awareness and understanding, and disseminate accurate disaster risk, hazard and
disaster information, including on small-scale disasters, in a simple, transparent, easy-to-
understand and accessible manner, in close cooperation with national and local authorities;
adopt specific disaster risk and vulnerability reduction communication policies; support,
as appropriate, early warning systems and life-saving protective measures; and stimulate
a culture of prevention and strong community involvement in sustained public education
campaigns and public consultations at all levels of society, in accordance with national
practices

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

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

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

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

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

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

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


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

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

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

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

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

(}) Complex emergency refers to a form of human-induced emergency in which the cause
of the emergency as well as the resistance to the afflicted is complicated by intense level of
political considerations,

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

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

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

(p) Disaster refers to a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental losses and impacts, which
exceeds the ability of the affected community or society to cope using its own resources.

(q) Disaster mitigation refers to the lessening or limitation of the adverse impacts of
hazards and related disasters. Mitigation measures encompass engineering techniques and hazard-
resistant construction as well as improved environmental policies and public awareness, land use
planning, and climate change

(t) Disaster Preparedness refers to the knowledge and capacities developed by
governments, professional response and recovery organizations, communities and individuals to
effectively anticipate, respond to, and recover from, the impacts of likely, imminent or current
hazard events or conditions. It includes preparedness for response such as contingency planning,


stockpiling of equipment and supplies, the development of arrangements for coordination,
evacuation, and public information, and preparedness for recovery such as procurement of land
for resettlement sites.

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

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

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

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

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

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

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

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

(aa) Early Warning System refers to the set of capacities needed to generate and
disseminate timely and meaningful warning information to enable individuals, communities and
organizations threatened by a hazard to prepare and to act appropriately and in sufficient time to
reduce the possibility of harm or loss. A people-centered early waming system necessarily
comprises four (4) key elements: knowledge of the risks; monitoring, analysis and forecasting of


the hazards; communication or dissemination of alerts and warnings, and local capabilities to
respond to the warnings received. The concept of “end-to-end warning system” emphasizes that
warning systems need to span all steps from hazard detection to community response. Early
warning systems include systems developed at the level of communities or based on indigenous
knowledge.

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

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

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

(ce) 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.

(f8) Exposure refers to the degree to which the elements at risk are likely to experience
hazard evente of different magnitudes.

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

(ppp) Whole-of-Government Approach refers to an approach that integrates the
collaborative efforts of the government departments and agencies to achieve unity of e8ort toward
a shared goal to broaden the government’s options, and increases efficiency to maximize all
available resources in a collaborative effort

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

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

CHAPTER I
DEPARTMENT OF DISASTER RESILIENCE

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

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

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

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

SECTION 5. Powers and functions of the Department. ~ The Department shall exercise


and perform the following powers and functions:
(a) Risk Reduction

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

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

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

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

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

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

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

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

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

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

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

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

(b) Disaster Preparedness and Response
(1) Oversee and maintain a national early-warning and emergency alert system that

shall provide accurate, timely, and accessible information to national and local emergency
response organizations and the general public;


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

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

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

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

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

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

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

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

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

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

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

(c) Rehabilitation and Recovery

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

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

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

(d@) Other Powers and Functions

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


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

(3) Coordinate information-sharing and other disaster risk and vulnerability
reduction and climate change adaptation protocols following the principle of
interoperability among national government agencies and LGUs before, during, and
after a disaster.

(4) Administer, oversee, and monitor the utilization of the National Disaster
Resilience Fund (NDRF), the Disaster Resilience Support Fund (DRSF) for third (3rd) to
sixth (6th) class provinces and municipalities, and other grants and donations for disaster
risk reduction and management and climate change adaptation, unless otherwise specified;

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

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

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

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

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

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

CHAPTER III
GENERAL WELFARE AND EMERGENCY MEASURES

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

SECTION 7. Emergency Measures at the National Level. ~ The Department may require
the assistance of law enforcement agencies and the uniformed services, such as the PNP and the


AFP, as well as emergency responders, to assist in the implementation of emergency measures.
SECTION 8. Emergency Measures at the Local Level. -

(a) LGUs shall enact an ordinance on and implement through the Local Disaster Resilience
Office (LDRO) the necessary and appropriate emergency measure8, including preemptive and
forced evacuation, in anticipation of, during, and in the aftermath of emergencies, hazards and
dieasters, and only when there is imminent danger of lose of lives and/or damage to property.

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

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

SECTION 9. Hierarchy of Evacuation Measures. -

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

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

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

SECTION 10. Release from Liability in Case of Refusal to Evacuate. -

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

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

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

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


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

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

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

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

CHAPTER IV
ORGANIZATION AND MANAGEMENT

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

SECTION 16. Powers and Functions of the Secretary. - ‘The Secretary of the
Department shall exercise the following powers and functions:

(a) Establish and promulgate policies, rules, and regulations for the effective and
efficient operation of the Department;

(b) Exercise executive direction over the operations of the Department and
administrative supervision over its attached agencies;

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

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

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

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

(g) Advise the President on the promulgation of executive and administrative
issuances and the formulation of regulatory and legislative proposals on matters pertaining to
disaster resilience;

(h) Serve as the Vice-Chairperson of the Climate Change Commission (CCC);


(i) In coordination with the Department of Foreign Affairs, represent the Philippines
in the climate change negotiations and articulate the national contribution to global, regional, and
other inter-governmental disaster risk reduction and humanitarian platforms;

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

(k) _ Promulgate such rules and regulations and perform such other functions as may be
necessary or proper to attain the objectives of this Act.

SECTION 17. Organizational Structure, Functions and Management. — The
Department shall be composed of the following officials and offices:

(a) The Secretary, as provided for under this Act;

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

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

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

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

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

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

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


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

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

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

(8) The Disaster Risk Reduction Service shall be responsible for reducing disaster
risks through systematic e8orte and programs of the Department to analyze and reduce the
causal factors of disasters such as exposure to hazards, lessening vulnerability of people
and property, wise management of land and the environment, and improving preparedness
and early warning for adverse events which are all examples of disaster risk reduction.

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

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

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

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

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

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

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

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

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


the best available technology to ensure that complaints are endorsed to the proper office and are
addressed in a timely manner.

CHAPTER V
FINANCE AND ADMINISTRATION

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

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

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

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

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

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

SECTION 20. National Disaster Resilience Council. — (a) There is hereby created
the National Disaster Resilience Council (NDRC), which shall serve as the policy advisory body
to the Department on disaster risk reduction and management and climate change adaptation,
consistent with the policies and scope as defined in this Act.

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

(1) _ Secretary of Science and Technology;
(2) Secretary of the Interior and Local Government;

(3) Secretary of Social Welfare and Development;

(4) Secretary of National Defense;

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

(7) Secretary of Environment and Natural Resources;

(8) Secretary of Agriculture;

(9) Secretary of Education;

(10) Secretary of Energy;

(11) _ Secretary of Finance;

(12) Secretary of Trade and Industry;

(13) Secretary of Transportation;

(14) Secretary of Budget and Management;


(15) Secretary of Public Works and Highways,

(16) Secretary of Foreign Affairs;

(17) Secretary of Justice;

(18) Secretary of Labor and Employment;

(19) Secretary of Tourism;

(20) Secretary of Information and Communications Technology;

(21) Presidential Adviser on the Peace Process;

(22) Chairperson of the Commission on Higher Education;

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

(24) Chief of the Philippine National Police;

(25) Head of the Presidential Communications Operations Office;

(26) _ Secretary-General of the Philippine National Red Cross;

(27) Chairperson of the Commission on Human Rights;

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

(29) Lead Convenor of the National Anti-Poverty Commission;

(30) Chairperson of the Philippine Commission on Women;

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

(32) Chairperson of the National Council for Disability Affairs;

(33) Chairperson of the National Commission on Indigenous Peoples;

(34) Chairperson of the National Commission on Muslim Filipinos;

(35) Chairperson of the National Youth Commission;

(36) President of the Government Service Insurance System;

(37) President of the Social Security System;

(38) President of the Philippine Health Insurance Corporation;

(39) President of the Home Development Mutual Fund;

(40) President of the Union of Local Authorities of the Philippines;

(41) _ President of the League of Provinces of the Philippines;

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

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

(44) President of the Liga ng mga Barangays;

(45) Maximum of six (6) representatives from the academe and other relevant research
institutions;

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

(47) Maximum of six (6) representatives from the private sector.

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

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

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

SECTION 21. Monitoring, Reporting and Validation. ~

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


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

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

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

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

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

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

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

The RDRCS shall establish the RDRC Secretariat and operating facility to be known as
the Regional Disaster Resilience Council Secretariat and Operations Center. The RDRCs shall be
composed of concemed regional agencies, offices, LGUs and other multiple stakeholders.

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

‘The Climate and Disaster Resilience Plan shall provide for the following: (I) identification
of the underlying factors of risk, or the nature and degree of hazards, vulnerabilities, exposures
and capacities, which need to be managed at the national level; (2) disaster risk and vulnerabilities
reduction and management approaches and strategies to be applied in managing said hazards and


risks; (3) agency roles, responsibilities, and lines of authority at all government levels; and (4)
vertical and horizontal coordination of climate change adaptation, disaster risk and vulnerability
reduction and management before, during, and after a disaster. The Climate and Disaster
Resilience Plan shall be in conformity with the framework.

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

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

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

SECTION 26. Creation of the Climate and Disaster Research, Education, and Training
Institute. —

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

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

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

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

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

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

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

(5) Establish a resource center for information, education and communication
materials, research, publications, best work practices, lessons identified and learned, and


other knowledge products on disaster risk and vulnerability reduction and management,
and climate change adaptation;

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

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

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

(d) Financial Support to the Center:

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

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

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

SECTION 27. Climate and Disaster Resilience Information Management System
(CDRIMS) — The Department shall establish a National and Regional Information Management
System for Climate and Disaster Resilience. It shall constitute a physical central database of all
disaster risk reduction and climate change data, including a geographic information system on
geo-hazard assessments and climate risk. It shall be the repository of current and multi-temporal
information for wide-scale disaster risk analysis and climate change vulnerability assessment. The
CDRIMS shall at all times be made available to the Emergency Operations Center of the National
and Regional Climate and Disaster Resilience Council (NRCDRC) development partners and
multi-stakeholders to access critical information and ensure that the collection processing, analysis
and dissemination of information is timely, reliable and accurate to support overall decision
making and effective coordination both at the national and subnational level.

SECTION 28. Disaster Resilience and Climate Change Education and Training. —

(a) The Department of Education, CHED, and Technical Education and Skills
Development Authority (TESDA), in coordination with the National Youth Commission (NYC),
the Department of Science and Technology (DOST), Department of Environment and Natural
Resources (DENR), Department of the Interior and Local Government (DILG), Department of
Health (DOH), Department of Social Welfare and Development (DSWD), and other relevant
agencies, developmental institutions, and non-government organizations shall integrate disaster
risk and vulnerability reduction and climate change adaptation education in the school curricula
at all levels of education, from K to 12 to tertiary levels, including the early and adult learning
programs, National Service Training Program (NSTP), and education for children and persons
with special needs, whether private or public, including formal and non-formal, technical-
vocational, indigenous learning, out-of-school youth courses and programs, and other channels of
educational integration, including media, church, entertainment centers (malls), international and
domestic airports and transport terminals.


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

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

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

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

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

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

(h) The DRC, the RDRCs, the LDRCs, the LDROs, the BDRCs, and the Sangguniang
Kabataan shall encourage community, specifically the youth, participation in disaster risk and
vulnerability reduction and climate change adaptation activities, such a8 Information, Education
and Communication (IEC) campaigns organizing quick response groups, particularly in identified
disaster-prone areas, as well as the inclusion of DRVR-climate change adaptation programs as
part of programs and projects of the Sangguniang Kabataan, youth organizations and community-
based disaster rick and vulnerability reduction management and anticipatory adaptation initiatives.

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

SECTION 29. Standard Mechanism for Cascading Information, Education and
Communication on Climate Change Adaptation and Disaster Risk and Vulnerability
Reduction.

(a) The DRC shall promote and advocate a culture of resilience and responsible-
accountable, liable and responsible citizenship through information, education and
communication that is appropriate, integrated, calibrated, inclusive, localized, science- and
risk-based, gender, culture and disability sensitive and accessible using multimedia. Information,
education, and communication on climate change adaptation and disaster risk and vulnerability
reduction management should be compelling but not alarming.

(b) The NDRC shall formulate a Strategic Risk Communications Plan to encompass the
entirety of disaster risk and vulnerability reduction and climate change adaptation to achieve the
desired behavioral and attitudinal change towards responsible citizenship and culture of resilience


It shall serve as a reference on continuous awareness raising and education at all levels of the
government and multiple stakeholders.

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

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

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

CHAPTER X
CLIMATE AND DISASTER RISK INSURANCE
AND INCENTIVES

SECTION 32. Climate and Disaster Risk Transfer, Insurance and Social Welfare.

(a) The Department shall oversee all climate and disaster risk-sharing and risk-transfer
instruments and other related initiatives to ensure the protection of property and livelihood, both
public and private.

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

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

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

CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNIN

SECTION 34. Standards for Disaster Preparedness Activities. —

(a) The NDRC shall establish standards for disaster preparedness, contingency planning,
localizing and operationalizing disaster risk and vulnerability reduction and management,


preparedness for disaster response, preparedness for early recovery, continuity of essential
services, and other relevant preparedness activities.

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

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

SECTION 35. Multi-Hazard Early Warning and Risk Communication Standards. —

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

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

SECTION 36. Early Warning Mandate.

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

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

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

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

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

(£) The Department shall consider working with other agencies or organizations on pre-
crisis information mapping of the humanitarian needs of the at-risk community that will enhance
the overall prepositioning of resources at the national and local levels.


CHAPTER XII
DISASTER RESPONSE AND EARLY RECOVERY

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

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

SECTION 38. Emergency Management. — The respective Climate and Disaster
Resilience Councils shall lead in preparing for, responding to, and recovering from the e8ecte
of any disaster, upon due consideration to the economics of classification, capacity and
vulnerability of the local governments concerned:

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

(b) The City/Municipal Disaster Resilience Councils (DRCs), if two (2) or more
barangays are affected;

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

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

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

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

(a) Department of Finance - Bureau of Customs;

(b) Department of Foreign Affairs;

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

(©) Food and Drug Administration;

(f) Department of Agriculture;

(g) Department of Energy;

(h) Philippine National Police;

(i) Philippine Coast Guard; and

G) Department of Justice - Bureau of Immigration.

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


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

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

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

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

CHAPTER XIII
INTERNATIONAL HUMANITARIAN ASSISTANCE

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

SECTION 43. Assessment of the Need for International Humanitarian Assistance.

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

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

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

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

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


CHAPTER XIV
OFFER AND FACILITATION
OF HUMANITARIAN ASSISTANCE
TO FOREIGN STATES

SECTION 46. 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 may offer, facilitate and provide international
humanitarian assistance to such foreign state, which shall be subject to guidelines to be
promulgated by the Department for the purpose.

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

CHAPTER XV
LEGAL FACILITIES:
FOR ELIGIBLE ASSISTING INTERNATIONAL ACTORS

SECTION 48. Guidelines for Coordination of International Humanitarian Assistance.

~ The DRC shall issue comprehensive guidelines on the initiation, entry, facilitation, transit and

regulation of international relief goods and personnel, as well as eligibility guidelines to utilize
the legal facilities for assisting international actors provided hereunder.

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

SECTION 50. Recognition of Foreign Professional Qualifications. —

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

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

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

SECTION Si. Recognition of Foreign Driving licenses. ~ Foreign driving licenses of
eligible assisting international actors shall be accorded temporary recognition during the
International Disaster Relief and Initial Recovery Periods.

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


A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

SECTION 53. Customs Facilitation and Priority Treatment. ~ The Department shall
facilitate the rapid importation or consignment of goods and equipment by eligible assisting actors
and shall accord them priority treatment in handling.

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

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

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

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

(a) Exemption from all duties and taxes;

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

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

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

SECTION 56. Simplification of Documentation Requirements. —

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

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

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

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

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


SECTION 60. Imported Vehicles. - The granting of local registration and plates for
vehicles imported by eligible assisting international actors shall be expedited.

(C. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

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

CHAPTER XVI
RECOVERY

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

(a) Improve the community’s physical, social and economic resilience, con8iatent with the
principle of “Build Forward Better";

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

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

(d) Employ outcome-driven planning and implementation;
(e) Maximize use of private-public sector partnership where possible;

(8) 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.

CHAPTER XVII
REMEDIAI. MEASURES UNDER STATE OF CALAMITY

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

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

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

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


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

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

CHAPTER XVIII
PROCUREMENT

SECTION 64. General Rule on Procurement. — Any procurement of goods, services,
consultancy or infrastructure for disaster risk and vulnerability reduction and climate risk, whether
at the national or local level shall conform to the provisions and implementing rules and
regulations (IRR) of Republic Act No. 9184, otherwise known as “Government Procurement
Reform Act”, as amended.

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

CHAPTER XIX
PROHIBITED ACTS AND PENALTIES

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

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

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

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

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

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

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

Sexual exploitation and abuse, and other forms of sexual misconduct to the a8ected
population or at-risk communities shall be punishable under existing criminal and
administrative laws.

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


(17) Attempting to commit any of the above-mentioned prohibited acts; and

(18) Benefiting from the proceeds or fruits of any of the above-mentioned prohibited
acts knowing that the proceeds or fruits are derived from the commission of the prohibited acts.

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

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

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

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

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

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

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

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

CHAPTER XX
APPROPRIATIONS

SECTION 68. Appropriations. - (a) The amount needed for the initial implementation of
this Act shall be taken from the current fiscal year’s unexpended appropriation of all agencies


herein absorbed, transferred, and attached to the Department. Thereafter, the amount needed for
the operation and maintenance of the Department shall be included in the General Appropriations
Act.

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

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

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

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

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

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

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

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

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

(d) Prevention, Mitigation and Preparedness Fund for third (3rd) to sixth (6th) class
provinces and municipalities. There shall be in the annual General Appropriations Act an amount


allotted solely for the use of third (3rd) sixth (6th) class provinces and municipalities for the
purpose of augmenting their LDRF with respect to plans, programs, projects, and procurement for
climate change adaptation, disaster risk prevention, mitigation, and preparedness. The
requirements to avail of this fund shall be laid down in the rules and regulations to be promulgated
by the Secretary,

CHAPTER XXI
FINAL PROVISIONS

SECTION 69. Transfer and Attachment. (a) The applicable powers, functions, fund,
and appropriations of the Office of Civil Defense (OCD) and the Climate Change Office (CCO),
Geo-Hazard Assessment and Engineering Geology Section of the Mines and Geoscience Bureau
(MGB), Health and Emergency Management Bureau of the Department of Health (DOH),
the Disaster Response Assistance and Management Bureau (DREAMB) of the DSWD, and
the Bureau of Fire Protection are hereby transferred to the Department.

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

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

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

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

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

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

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

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

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

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


CHAPTER XXII
MISCELLANEOUS PROVISIONS

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

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

The five (5) other members from each Chamber are to be designated by the Senate
President and the Speaker of the House of Representatives, respectively. The minority shall be
entitled to pro rata representation but shall have at least two (2) representatives from each
Chamber.

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

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

SECTION 76. Repealing Clause. —

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

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

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

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

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

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

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

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


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

Approved,