FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3908

EXPLANATORY NOTE
Climate change has become a concem for survival over the past years.

The Philippines is particularly vulnerable to the impacts of climate change,
not merely because of its archipelagic nature and economic state but, to a great
extent, our vulnerability has been exacerbated by the way government has
addressed the climate crisis.

Thus, to enable the government to address climate change, Congress
enacted R.A. 9729 otherwise known as the "Climate Change Act of 2009" which
also created the Climate Change Commission. However, since its creation, the
Climate Change Commission has yet to formulate policies necessary to
implement its mandate. Moreover, it has yet to provide the financial policy
necessary to effectuate the mandate of the law, caused mainly by the seeming
vagueness in relevant provisions, resulting to incoherent and inconsistent funding
priorities. Consequently, the country inadvertently suffered from foregone funding
opportunities. Indeed, there is a need to review the existing policy framework and
mechanism, and wherever needed, strengthen the same to ensure transparency
and accountability in the proper utilization and management of climate finance.

Currently, governance chaos reigns over the administration of climate
finance that has already entered the national coffers, and of funds still expected
to be made available from foreign sources. More international climate finance
has gone to mitigation efforts instead of adaptation activities. Worse, it appears
that most of the resources allocated for adaptation programs and projects have
come in the form of loans. This is contrary to the position championed by the
Philippines abroad, which calls for climate finance to be channeled neither as aid
nor charity, but in context and by design as compensatory funding.


As a clear manifestation of the country's firm commitment to address the
issues of climate change, this legislative measure seeks to establish the People's
Survival Fund to finance adaptation programs and projects that are directly
supportive of the objectives enumerated in the Climate Change Action Plans of
the local government units. The Fund shall be taken from different sources
including but not limited to the following, namely: (a) the General Appropriations
Act; (b) part of the cash dividends declared by all Government Owned and
Controlled Corporations; (c) a portion of the Certified Emission Reduction earned
under the clean development mechanism; and (d) a portion of the Motor Vehicle
User's Charge. The Fund shall be used to support different programs and
projects of climate change adaptation as stated in our national goals and
objectives, with utmost regards to transparency, equitability and accountability.

The establishment of the Fund, as herein provided, the creation of the
People's Survival Fund Board for its administration and institutional measures,
and the other amendments to RA 9729 are geared towards the observance of
the necessary standards of public accountability as we endeavor to equip the
government through concerned agencies and offices with the policy framework
most relevant in addressing climate change. Thus, all resources and power
borne out of such duty must be used in the most efficient, economical and honest
manner to ensure that public interest is best served.

In view of the foregoing, the immediate passage of this bill is earnestly

requested.

RUFUS B. RODRIGUEZ

MAXIMO &/ RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 8008

AN ACT
ESTABLISHING THE PEOPLE'S SURVIVAL FUND TO PROVIDE LONG-
TERM FINANCE STREAMS TO ENABLE THE GOVERNMENT TO
EFFECTIVELY ADDRESS THE PROBLEM OF CLIMATE CHANGE,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9729, OTHERWISE
KNOWN AS "THE CLIMATE CHANGE ACT OF 2009", AND FOR OTHER
PURPOSES

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

SECTION 1. Section 2 of Republic Act No. 9729 otherwise known as the
"Climate Change Act of 2009" is hereby amended to read as follows:

TITLE!
PRELIMINARY PROVISIONS.

SEC. 2. Declaration of Policy. - It is the policy of the State to
afford full protection and the advancement of the right of the people
to a healthful ecology in accord with the rhythm and harmony of
nature. In this light, the State has adopted the Philippine Agenda 21
framework which espouses sustainable development, to fulfill
human needs while maintaining the quality of the natural
environment for current and future generations.

Towards this end, the State adopts the principle of protecting
the climate system for the benefit of humankind, on the basis of
climate justice or common but differentiated responsibilities and the
Precautionary Principle to guide decision-making in climate risk
management. As a party to the United Nations Framework
Convention on Climate Change, the State adopts the ultimate
objective of the Convention which is the stabilization of greenhouse
gas concentrations in the atmosphere at a level that would prevent


dangerous anthropogenic interference with the climate system
which should be achieved within a time frame sufficient to allow
ecosystems to adapt naturally to climate change, to ensure that
food production is not threatened and to enable economic
development to proceed in a sustainable manner.

As a party to the Hyogo Framework for Action, the State
likewise adopts the strategic goals in order to build national and
local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago
and its local communities, particularly the poor, women, and
children, to potential dangerous consequences of climate change
AND GLOBAL WARMING such as WARMING/INCREASING
TEMPERATURES, rising seas, changing landscapes, increasing
frequency and/or severity of droughts, fires, floods and storms,
climate-related ilinesses and diseases, damage to ecosystems,
biodiversity loss that affect the country's environment, culture, and
economy, the State shall cooperate with the global community in
the resolution of climate change issues, including disaster risk
reduction. It shall be the policy of the State to enjoin the
participation of national and local governments, businesses, non-
government organizations, local communities and the public to
prevent and reduce the adverse impacts of climate change and, at
the same time, maximize the benefits of climate change. It shall
also be the policy of the State to incorporate a gender-sensitive,
pro-children and pro-poor perspective in all climate change and
renewable energy efforts, plans and programs. In view thereof, the
State shall strengthen, integrate, consolidate and institutionalize
government initiatives to achieve coordination in the
implementation of plans and programs to address climate change
in the context of sustainable development.

Further recognizing that climate change and disaster risk
reduction AND MANAGEMENT are closely interrelated and
effective disaster risk reduction AND MANAGEMENT will enhance
adaptive capacity TO CLIMATE CHANGE, CLIMATE
VARIABILITY AND EXTREMES, the State shall integrate disaster
risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and sub-
national government policies, plans, programs and projects are
founded upon sound environmental considerations and the
principle of sustainable development, it is hereby declared the
policy of the State to systematically integrate the concept of climate
change in various phases of policy formulation, development plans,
poverty reduction strategies and other development tools and
techniques by all agencies and instrumentalities of the government.



SEC. 2. Section 3 of R. A. No. 9729 is hereby amended to read as follows:

SEC. 3. Definition of Terms. - For purposes of this Act, the
following shall have the corresponding meanings:
(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) "Adaptive capacity” refers to the ability of ecological, social or
economic systems to adjust to climate change including climate
variability and extremes, to moderate or offset potential damages
and to take advantage of associated opportunities with changes in
climate or to cope with the consequences thereof
(c) "Anthropogenic causes" refer to causes resulting from human
activities or produced by human beings.
(d) "Climate Change" refers to a change in climate that can be
identified by changes in the mean and/or variability of its properties
and that persists for an extended period typically decades or
longer,’ whether due to natural variability or as a result of human
activit
(E) "CLIMATE FINANCE" IS THE ALLOCATION OF PUBLIC
RESOURCES TOWARDS THE CLIMATE CHANGE
ADAPTATION AND MITIGATION REQUIREMENTS OF
DEVELOPING COUNTRIES AND VULNERABLE COMMUNITIES,
THROUGH FRAMEWORKS, MECHANISM AND PROCESSES
THAT ARE EQUITABLE, ACCOUNTABLE, TRANSPARENT,
AND ARE IN LINE WITH THE NATIONAL DEVELOPMENT
GOALS.
[(e)] (F) "Climate Variability" refers to the variations in the average
state and in other statistics of the climate on all temporal and
spatial scales beyond that of individual weather events
[(f] (G) "Climate Risk" refers to the product of climate and related
hazards working over the vulnerability of human and natural
ecosystems.
[(g)] (H) "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 exceed the
ability of the affected community or society to cope using its own
resources.
[(h)] (0) "Disaster risk reduction AND MANAGEMENT (DRRM)"
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.



PROSPECTIVE DISASTER RISK REDUCTION AND
MANAGEMENT REFERS TO RISK REDUCTION AND
MANAGEMENT ACTIVITIES THAT ADDRESS AND SEEK TO
AVOID THE DEVELOPMENT OF NEW OR INCREASED
DISASTER RISKS, ESPECIALLY IF RISK REDUCTION
POLICIES ARE NOT PUT IN PLACE [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]

[@] (J) "Gender mainstreaming" refers to the strategy for making
women's as well as men’s concerns and experiences an integral
dimension of the design, implementation, monitoring, and
evaluation of policies and programs in all political, economic,
ENVIRONMENTAL OR ECOLOGICAL and societal spheres so
that women and men benefit equally and inequality is not
perpetuated. It is the process of assessing the implications for
women and men of any planned action, including legislation,
policies, or programs in all areas and at all levels.

[@)] (K) "Global Warming" refers to the increase in the average
temperature of the Earth's near-surface air and oceans that is
associated with the increased concentration of greenhouse gases
in the atmosphere.

[(K)] (L) "Greenhouse effect" refers to the process by which the
absorption of infrared radiation by the atmosphere warms the Earth.
[()] (M) "Greenhouse gases (GHG)" refers to constituents of the
atmosphere that contribute to the greenhouse effect including, but
not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

[(m)] (N) "Mainstreaming" refers to the integration of policies and
measures that address climate change into development planning
and sectoral decision-making.

[(n)] (©) "Mitigation" in the context of climate change refers to
human intervention to address anthropogenic emissions sources
and removals by sinks of all GHG, including ozone- depleting
substances and their substitutes.

{(©)] (P) "Mitigation potential" shall refer to the scale of GHG
reductions that could be made, relative to emission baselines, for a
given level of carbon price (expressed in cost per unit of carbon
dioxide equivalent emissions avoided or reduced).

[(p)(Q) "Sea level rise" refers to an increase in sea level which may
be influenced by factors like global warming through expansion of
sea water as the oceans warm and melting of ice over land and
local factors such as land subsidence.


(R) "VULNERABLE AND MARGINALIZED GROUPS" ARE
GROUPS OR COMMUNITIES WHO FACE HIGHER EXPOSURE
TO DISASTER RISK AND AGGRAVATED POVERTY
INCLUDING, BUT NOT LIMITED TO, CHILDREN, ELDERLY,
DIFFERENTLY-ABLED PEOPLE, AND INDIGENOUS PEOPLES.
[(@)] (S) "Vulnerability" refers to the degree to which a system is
susceptible to, or unable to cope with, adverse EFFECTS of climate
change, including climate variability and extremes.

Vulnerability is a function of the character, magnitude, and
rate of climate change and variation to which a system is exposed,
its sensitivity, and its adaptive capacity.

SEC. 3. Section 4 of R.A. No. 9729 is hereby amended to read as follows:

TITLE Il
CLIMATE CHANGE COMMISSION

SEC. 4. Creation of the Climate Change Commission. —
There is hereby established a Climate Change Commission,
hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous
body and shall have the same status as that of a national
government agency. It shall be attached to the Office of the
President.

The Commission shall be the [sole] LEAD policy-making
body of the government, which shall be tasked to coordinate,
monitor and evaluate the programs and action plans of the
government [relating to climate change] IN ORDER TO ENSURE
THE MAINSTREAMING OF CLIMATE CHANGE INTO THE
NATIONAL, SECTORAL AND LOCAL DEVELOPMENT PLANS
AND PROGRAMS pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days
from the effectivity of this Act.

SEC. 4. Section 5 of R. A. No. 9729 is hereby amended to read as follows:

SEC. 5. Composition of the Commission. - The Commission
shall be composed of the President of the Republic of the
Philippines who shall serve as the Chairperson, and three (3)
Commissioners to be appointed by the President, one of whom
shall serve as the Vice Chairperson of the Commission.

The Commission shall have an advisory board composed of
the following:
(a) Secretary of the Department of Agriculture;


(B) SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT;

[(b)] (C) Secretary of the Department of Energy;

[0] (D) Secretary of the Department of Environment and Natural
Resources

[(d)] (E) Secretary of the Department of Education;

(F) SECRETARY OF THE DEPARTMENT OF FINANCE;

[(e)] (G) Secretary of the Department of Foreign Affairs;

[(] (H) Secretary of the Department of Health;

[@)] (1) Secretary of the Department of the Interior and Local
Government;

[(h)] (J) Secretary of the Department of National Defense, in his
capacity as Chair of the National Disaster Coordinating Council;

[0] (K) Secretary of the Department of Public Works and
Highways;

[()] (L) Secretary of the Department of Science and Technology;
[()] (M) Secretary of the Department of Social Welfare and
Development;

[(] (N) Secretary of the Department of Trade and Industry;

[(m)] (O) Secretary of the Department of Transportation and
Communications;

[(n)]_(P) Director-General of the National Economic and
Development Authority, in his capacity as Chair of the Philippine
Council for Sustainable Development;

[(0)] (Q) Director-General of the National Security Council;

[(p)] (R) Chairperson of the [National] PHILIPPINE Commission
[on the Role] of (Filipino) Women;

[(q)] (S) President of the League of Provinces;

[(1)] (T) President of the League of Cities;

[(s)] (U) President of the League of Municipalities;

[()] (V) President of the Liga ng mga Barangay;

[(u)] (W) Representative from the academe; [and]

[(v)] (X) Representative from the business sector; AND

[(w)] (Y) Representative from nongovernmental organizations

At least one (1) of the sectoral representatives shall come
from the disaster risk reduction community.

The representatives shall be appointed by the President
from a list of nominees submitted by their respective groups. They
shall serve for a term of six (6) years without reappointment unless
their representation is withdrawn by the sector they represent.

Appointment to any vacancy shall be only for the unexpired
term of the predecessor.

Only the ex-officio members of the advisory board shall
appoint a qualified representative who shall hold a rank of no less
than an Undersecretary.


SEC. 5. Section 6 of R. A. No. 9729 is hereby amended to read as follows:

SEC. 6. Meetings of the Commission. - The Commission
shall meet once every three (3) months, or as often as may be
deemed necessary by the Chairperson

The Chairperson may likewise call upon other government
agencies for the proper implementation of this Act.

IN THE ABSENCE OF THE CHAIRPERSON, THE
COMMISSION MAY CONVENE WITH THE PRESENCE OF ALL
THREE (3) COMMISSIONERS, TO BE PRESIDED BY THE VICE
CHAIRMAN.

THE COMMISSION SHALL DECIDE ON ANY MATTER AT
HAND FOR RESOLUTION BY A MAJORITY VOTE AMONG THE
THREE (3) COMMISSIONERS; PROVIDED, HOWEVER, THAT
THE CHAIRPERSON MAY VETO ANY DECISION OF THE
COMMISSION WITHIN THIRTY (30) DAYS FROM ITS
APPROVAL.

ANY DECISION TRANSLATED INTO AN ISSUANCE OR
POLICY INSTRUMENT APPROVED IN THE MANNER
PRESCRIBED IN THIS SECTION SHALL BE SIGNED BY AT
LEAST TWO (2) COMMISSIONERS AND SHALL BE APPROVED
BY THE CHAIRPERSON IN ORDER TO TAKE EFFECT.

SEC. 6. Section 7 of R. A. No. 9729 is hereby amended to read as follows

SEC. 7. Qualifications, Tenure, Compensation AND REMOVAL of
Commissioners. — The Commissioners must be Filipino citizens,
residents of the Philippines, at least thirty (30) years of age at the
time of appointment, with [at least ten (10) years of] PROVEN
experience on climate change and of proven honesty and integrity
The Commissioners shall be experts in climate change by virtue of
their educational background, training and experience: Provided,
That at least one (1) Commissioner shall be female: Provided
further, That In no case shall the Commissioners come from the
same sector: Provided, finally, That in no case shall any of the
Commissioners appoint representatives to act on their behalf.

The Commissioners shall hold office for a period of six (6)
years, and may be subjected to reappointment: Provided, That no
person shall serve for more than two (2) consecutive terms:
Provided further, That in case of a vacancy, the new appointee
shall fully meet the qualifications of a Commissioner and shall hold
office for the unexpired portion of the term only: Provided [finally]
FURTHERMORE, That in no case shall a Commissioner be
designated in a temporary or acting capacity; PROVIDED,
FINALLY, THAT ANY COMMISSIONER MAY BE REMOVED


FROM OFFICE BEFORE THE EXPIRATION OF HIS/HER TERM
FOR CAUSE AND IN ACCORDANCE WITH DUE PROCESS
REQUIRED BY PERTINENT LAWS.

The Vice Chairperson and the Commissioners shall have the
rank and privileges of a Department Secretary and Undersecretary,
respectively. They shall be entitled to corresponding compensation
and other emoluments and shall be subject to the same
disqualifications.

SEC. 7. Section 8 of R. A. No. 9729 is hereby amended to read as follows:

SEC. 8. Climate Change Office. - There is hereby created a
Climate Change Office that shall assist the Commission AND
SERVE AS ITS SECRETARIAT. [It shall be headed by a Vice
Chairperson of the Commission who shall act as the Executive
Director of the Office] THE CLIMATE CHANGE OFFICE SHALL
BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE
RESPONSIBLE FOR THE PLANNING, IMPLEMENTATION AND
SUPERVISION OF ITS PROGRAMS AND ACTIVITIES AS
APPROVED BY THE COMMISSION.

HE SHALL BE APPOINTED BY THE PRESIDENT OF THE
REPUBLIC OF THE PHILIPPINES, UPON THE
RECOMMENDATION OF THE COMMISSION, HE SHALL HAVE
A RANK NOT HIGHER THAN AN ASSISTANT SECRETARY.

THE EXECUTIVE DIRECTOR MUST POSSESS A HIGH
DEGREE OF EDUCATION, TECHNICAL AND MANAGERIAL
COMPETENCIES IN CLIMATE CHANGE AND DISASTER RISK
MANAGEMENT, AS WELL AS OF INTEGRITY AND PROBITY IN
PUBLIC SERVICE.

The Commission shall have the authority to determine the
number of staff_and create corresponding positions WITH
RESPONSIBILITIES AND FUNCTIONS, AND TO MAKE THE
NECESSARY APPOINTMENTS [necessary] to facilitate the proper
implementation of this Act, subject to civil service laws, rules and
regulations. [The officers and employees of the Commission shall
be appointed by the Executive Director.]

SEC. 8. Section 9 of R. A. No. 9729 is hereby amended to read as follows

SEC. 9. Powers and Functions of the Commission. - The
Commission shall have the following powers and functions:

[(a) Ensure the mainstreaming of climate change, in synergy with
disaster risk reduction and management, into the national, sectoral
and local development plans and programs:]


[(b)] (A) Coordinate and synchronize climate change programs IN
CONSULTATION WITH national government agencies;

[(O] (B) Formulate a STRATEGIC Framework [strategy] on
Climate Change to serve as the basis for a program for climate
change planning, research and development, extension, and
monitoring of activities on climate change;

[(d)] (C) Exercise policy coordination to ensure the attainment of
goals set in the STRATEGIC framework [strategy] and program on
climate change;

[(e)] (D) Recommend legislation, policies, strategies, programs on
and appropriations for climate change adaptation and mitigation
and other related activities;

[()] (E) Recommend key development investments in climate-
sensitive sectors such as water resources, agriculture, forestry,
coastal and marine resources, health, and infrastructure to ensure
the achievement of national sustainable development goals;

[(g)] (F) Create an enabling environment for the design of relevant
and appropriate risk-sharing and risk-transfer instruments;

[(h)] (G) Create an enabling environment that shall promote
broader multistakeholder participation and integrate climate
change mitigation and adaptation;

[i] (H) Formulate strategies on mitigating GHG and other
anthropogenic causes of climate change;

{G)] () Coordinate and establish a close partnership with the
National Disaster RISK REDUCTION AND MANAGEMENT
[Coordinating] Council in order to increase efficiency and
effectiveness in reducing the people's vulnerability to climate-
related disasters;

[(k)] (J) In coordination with the Department of Foreign Affairs,
represent the Philippines in the climate change negotiations AND
LEAD THE CONSTITUTION OF THE PHILIPPINE PANEL OF
NEGOTIATORS TO THE UNITED NATIONS FRAMEWORK
CONVENTION ON CLIMATE CHANGE (UNFCCC) AND THE
FORMULATION OF PHILIPPINE NEGOTIATING POSITIONS TO
INTERNATIONAL NEGOTIATIONS RELATING TO CLIMATE
CHANGE;

[0] (K) Formulate and update guidelines for determining
vulnerability to climate change impacts and adaptation
assessments and facilitate the provision of technical assistance for
their implementation and monitoring;

[(m)] (L) Coordinate with local government units (LGUs) and private
entities to address vulnerability to climate change impacts of
regions, provinces, cities and municipalities;

[(n)] (M) Facilitate capacity building for local adaptation planning,
implementation and monitoring of climate change initiatives in
vulnerable AND MARGINALIZED communities and areas;


[(0)] (N) Promote and provide technical and financial support to
local research and development programs and projects m
vulnerable AND MARGINALIZED communities and areas:

I(p)] (©) Oversee the dissemination of information on climate
change, local vulnerabilities and risks, relevant laws and protocols
and adaptation and mitigation measures;

(P) ESTABLISH A COORDINATION MECHANISM WITH THE
CONCERNED GOVERNMENT AGENCIES TO ENSURE
TRANSPARENCY AND COHERENCE IN THE ADMINISTRATION
OF CLIMATE FUNDS TAKING INTO CONSIDERATION THE
OFFICIAL PHILIPPINE POSITION IN INTERNATIONAL
NEGOTIATIONS; AND

(Q) PERFORM SUCH OTHER FUNCTIONS AS MAY BE
NECESSARY FOR THE EFFECTIVE OPERATION AND
IMPLEMENTATION OF THIS ACT.

SEC. 9. Section 11 of R. A. No. 9729 is hereby amended to read as follows

SEC. 11, NATIONAL STRATEGIC Framework [Strategy]
and Program on Climate Change. - The Commission shall, within
six (6) months from the effectivity of this Act, formulate a
NATIONAL STRATEGIC Framework on Climate Change. The
Framework shall serve as the basis for a program for climate
change planning, research and development, extension, and
monitoring of activities to protect vulnerable AND MARGINALIZED
communities from the adverse effects of climate change.

The Framework shall be formulated based on climate
change vulnerabilities, specific adaptation needs, and mitigation
potential, and in accordance with the international agreements

The Framework shall be reviewed every three (3) years, or
as may be deemed necessary. THE REVIEW OF THE
FRAMEWORK SHALL INVOLVE A PARTICIPATORY AND
INTERACTIVE PROCESS.

SEC., 10. Section 12 of R. A. Act No. 9729 is hereby amended to read as
follows
SEC. 12. Components of the NATIONAL STRATEGIC
Framework [Strategy] and Program on Climate Change. - The
Framework shall include, but not limited to, the following
components:
(a) National priorities;
(b) Impacts, vulnerability and adaptation assessments;
(c) Policy formulation:
(4) Compliance with international commitments;
(e) Research and development;


(f) Database development and management;
(g) Academic programs, capability building and main streaming;
(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and

(j) Gender mainstreaming.

SEC. 11. Section 15 of R. A. No. 9729 is hereby amended to read as follows:

SEC. 15. Role of Government Agencies. - To ensure the effective
implementation of the framework strategy and program on climate
change, concerned agencies shall perform the following functions:

(a) The Department of Education (DepED) shall integrate
climate change into the primary and secondary education curricula
and/or subjects, such as, but not limited to, science, biology, sibika,
history, including textbooks, primers and other educational
materials, basic climate change principles and concepts;

(b) The Department of the Interior and Local Government
(DILG) and Local Government Academy shall facilitate the
development and provision of a [training] CAPACITY-BUILDING
program for LGUs in climate change, INCLUDING THE
PROVISION OF NECESSARY AND APPROPRIATE
TECHNOLOGY. The [training] program shall __ include
socioeconomic, geophysical, policy, and other content necessary to
address the prevailing and forecasted conditions and risks of
particular LGUs. It shall likewise focus on women and children,
especially in the rural areas, since they are the most vulnerable;

(c) The Department of Environment and Natural Resources
(DENR) shall oversee the establishment and maintenance of a
climate change information management system and network,
including on climate change risks, activities and investments, in
collaboration with other concerned national government agencies,
institutions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review
international agreements related to climate change and make the
necessary recommendation for ratification and compliance by the
government on matters pertaining thereto;

(e) The Philippine Information Agency (PIA) shall
disseminate information on climate change, local vulnerabilities and
risk, relevant laws and protocols and adaptation and mitigation
measures; [and]

(F) THE DEPARTMENT OF FINANCE (DOF) SHALL
COORDINATE WITH THE COMMISSION ON MATTERS
CONCERNING FISCAL, MONETARY, TRADE AND OTHER
ECONOMIC POLICIES RELATED TO CLIMATE CHANGE AND


MONITOR AND REPORT MEASURES INVOLVING CLIMATE
FINANCE;

(G) THE DEPARTMENT OF BUDGET AND
MANAGEMENT (DBM) SHALL UNDERTAKE THE
FORMULATION OF THE ANNUAL NATIONAL BUDGET IN A
WAY THAT ENSURES THE APPROPRIATE PRIORITIZATION
AND ALLOCATION OF FUNDS TO SUPPORT THE ANNUAL
PROGRAM OF GOVERNMENT, INCLUDING CLIMATE
CHANGE-RELATED PROGRAMS AND PROJECTS;

(H) THE DEPARTMENT OF SCIENCE AND
TECHNOLOGY (DOST) THROUGH THE PHILIPPINE
ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL
SERVICES ADMINISTRATION (PAGASA), SHALL PROMOTE,
ASSIST AND, WHERE APPROPRIATE, UNDERTAKE
SCIENTIFIC AND TECHNOLOGICAL RESEARCH AND
DEVELOPMENT, INCLUDING ACTIVITIES RELATIVE TO
OBSERVATION, COLLECTION, ASSESSMENT AND
PROCESSING OF CLIMATE-RELATED DATA SUCH AS BUT
NOT LIMITED TO RAINFALL, SEA-LEVEL-RISE, EXTREME
WEATHER EVENTS, RISE IN TEMPERATURES, AND
RECORDS OF SEVERE DROUGHTS MONITORED OVER LONG
PERIODS OF TIME, IN COORDINATION WITH LOCAL
GOVERNMENT UNITS IN PRIORITY/TARGET MONITORING
SITES, FOR THE BENEFIT OF AGRICULTURE, COMMERCE
AND INDUSTRY AND IN OTHER AREAS IDENTIFIED TO BE
VITAL TO THE COUNTRY’S DEVELOPMENT; AND,

[f] (1) Government financial institutions shall, any provision in
their respective charters to the contrary notwithstanding, provide
preferential financial packages for climate change- related projects.
In consultation with the Bangko Sentral ng Pilipinas (BSP), they
shall, within thirty (30) days from the effectivity of this Act, issue and
promulgate the implementing guidelines therefor.

The Commission shall evaluate, recommend the approval of
loans and monitor the use of said funds of LGUs, TAKING INTO
ACCOUNT PROVISIONS UNDER TITLE III OF THIS ACT.

SEC. 12. Section 16 of R. A. No. 9729 is hereby amended to read as follows:

SEC. 16. Coordination with Various Sectors. - In the development
and implementation of the National Climate Change Action Plan,
and the local action plans, the Commission shall CONSULT AND
coordinate with the non-government organizations (NGOs), civic
organizations, academe, people's organizations, the private and
corporate sectors and other concerned stakeholder groups


SEC. 13. Section 17 of R. A. No. 9729 is hereby amended to read as follows:

SEC. 17. Authority to Receive Donations and/or Grants. -
The Commission is hereby authorized to accept grants,
contributions, donations, endowments, bequests, or gifts in cash, or
in kind from local and foreign" sources in support of the
development and implementation of climate change programs and
plans: Provided, That in case of donations from foreign
governments, acceptance thereof shall be subject to prior
clearance and approval of the President of the Philippines upon
recommendation of the [Secretary of Foreign Affairs]
DEPARTMENT OF FINANCE: Provided further, That such
donations shall not be used to fund personal services expenditures
and other operating expenses of the Commission

The proceeds shall be used to finance
(a) Research, development, demonstration and promotion of
technologies;
(b) Conduct of assessment of vulnerabilities to climate change
impacts, resource inventory, and adaptation capability building;
(c) Advocacy, networking and communication activities in the
conduct of information campaign; and
(d) Conduct of such other activities reasonably necessary to carry
out the objectives of this Act, as may be defined by the
Commission

SEC. 14. New Sections 18, 19, 20, 21, 22, 23, 24, and 25 are hereby inserted in
R. A. No. 9729 under a new Title III to read as follows:

TITLE Ill
THE PEOPLE'S SURVIVAL FUND

SEC. 18. CREATION OF THE PEOPLE'S SURVWAL FUND. - A
PEOPLE'S SURVIVAL FUND, HEREAFTER REFERRED TO AS
THE FUND, IS HEREBY ESTABLISHED AS A SPECIAL TRUST
FUND FOR THE FINANCING OF ADAPTATION PROGRAMS
AND PROJECTS BASED ON THE NATIONAL STRATEGIC
FRAMEWORK.

SEC. 19. SOURCES OF THE FUND. — THE FUND SHALL BE
SOURCED FROM BOTH PUBLIC AND PRIVATE SOURCES,
EITHER FOREIGN OR LOCAL, INCLUDING BUT NOT LIMITED
TO THE FOLLOWING:

(A) THE AMOUNT OF FIFTY MILLION PESOS
(P50,000,000.00) TO BE ALLOTTED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT (GAA) FOR THE _ INITIAL
IMPLEMENTATION OF THIS ACT AND THEREAFTER, SUCH


SUM AS SHALL BE DEEMED NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS ACT;

(B) TEN PERCENT (10%) FROM CASH DIVIDENDS
DECLARED BY ALL GOVERNMENT-OWNED AND
CONTROLLED CORPORATIONS;

(C) FIVE PERCENT (5%) OF CERTIFIED EMISSION
REDUCTION (CERS) EARNED UNDER THE CLEAN
DEVELOPMENT MECHANISM AND, OTHER DOMESTIC
INDUSTRY EMISSIONS REDUCTIONS THAT UTILIZE
INTERNATIONAL CARBON MARKET INSTRUMENTS; AND

(D) TEN PERCENT (10%) OF THE SEVEN AND A HALF
PERCENT (7.5%) SHARE OF THE DEPARTMENT OF
TRANSPORTATION AND COMMUNICATION (DOTC) IN THE
SPECIAL VEHICLE POLLUTION CONTROL FUND UNDER
REPUBLIC ACT 8794, ENTITLED “AN ACT IMPOSING A
MOTOR VEHICLE USER'S CHARGE ON OWNERS OF ALL
TYPES OF MOTOR VEHICLES AND FOR OTHER PURPOSES".
CONTRIBUTIONS TO THE FUND SHALL BE EXEMPT FROM
DONOR'S TAX AND THE SAME SHALL BE CONSIDERED AS
ALLOWABLE DEDUCTIONS FROM THE GROSS INCOME OF
THE DONOR, IN ACCORDANCE WITH THE PROVISIONS OF
THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS
AMENDED.

SEC. 20. USES OF THE FUND. —- THE FUND SHALL BE USED
FOR ACTIVITIES THAT ARE IN DIRECT SUPPORT OF THE
OBJECTIVES ENUMERATED IN THE CLIMATE CHANGE
ACTION PLANS OF THE LOCAL GOVERNMENTS. IT SHALL
ALSO BE USED TO PROVIDE FINANCIAL ASSISTANCE FOR
PRIORITY ADAPTATION PROJECTS IDENTIFIED AND
APPROVED BY THE COMMISSION AND FOR FUNDING BY
THE PEOPLE'S SURVIVAL FUND BOARD, HEREINAFTER
CREATED, BASED ON PRIOR CONSULTATIONS WITH AND
IDENTIFIED PRIORITIES OF LOCAL GOVERNMENTS. SUCH
FUND SHALL BE USED TO SUPPORT, GRANT, FINANCE OR
OTHERWISE ASSIST ACTIVITIES SUCH AS, BUT NOT LIMITED
TO THE FOLLOWING:

(A) ADAPTATION ACTIVITIES, WHERE SUFFICIENT
INFORMATION IS AVAILABLE TO WARRANT SUCH
ACTIVITIES, IN THE AREAS OF WATER RESOURCES
MANAGEMENT, LAND MANAGEMENT, AGRICULTURE AND
FISHERIES, HEALTH, INFRASTRUCTURE DEVELOPMENT,
FRAGILE ECOSYSTEMS INCLUDING MOUNTAINOUS.
ECOSYSTEMS, AND INTEGRATED COASTAL ZONE
MANAGEMENT;


(B) IMPROVEMENT OF THE MONITORING OF
VECTORBORNE DISEASES TRIGGERED BY CLIMATE
CHANGE, AND IN THIS CONTEXT IMPROVING DISEASE
CONTROL AND PREVENTION;

(C) FORECASTING AND EARLY WARNING SYSTEMS AS
PART OF PREPAREDNESS FOR CLIMATE RELATED
HAZARDS;

(D) SUPPORTING INSTITUTIONAL CAPACITY -
BUILDING, BOTH FOR NATIONAL AND LOCAL
GOVERNMENTS, IN PARTNERSHIP. WITH LOCAL
COMMUNITIES AND CIVIL SOCIETY GROUPS, FOR
PREVENTIVE MEASURES, PLANNING, PREPAREDNESS AND
MANAGEMENT OF IMPACTS RELATING TO CLIMATE
CHANGE, INCLUDING CONTINGENCY PLANNING, IN
PARTICULAR, FOR DROUGHTS AND FLOODS IN AREAS
PRONE TO EXTREME WEATHER EVENTS.

(E) STRENGTHENING EXISTING, AND WHERE NEEDED,
ESTABLISH, NATIONAL AND REGIONAL CENTERS AND
INFORMATION NETWORKS FOR RAPID RESPONSE TO
EXTREME WEATHER EVENTS; AND,

(F) SERVING AS A GUARANTEE FOR RISK INSURANCE
NEEDS FOR FARMERS, AGRICULTURAL WORKERS AND
OTHER STAKEHOLDERS.

THE FUND SHALL BE SUPPLETORY TO ANY ANNUAL
APPROPRIATIONS ALLOCATED BY RELEVANT
GOVERNMENT AGENCIES FOR CLIMATE CHANGE-RELATED
PROGRAMS AND PROJECTS AND BY LGUS PURSUANT TO
THE NEW SECTION 26 OF THIS ACT. THE FUND SHALL BE
FLEXIBLE TO ALLOW CO- SHARING ARRANGEMENTS SUCH
AS BUT NOT LIMITED TO CO-FINANCING BETWEEN
GOVERNMENT, LOCAL COMMUNITIES, PRIVATE SECTOR,
AND/OR OTHER LOCAL NON-GOVERNMENT ENTITIES.

SEC. 21. THE PEOPLE'S SURVIVAL FUND BOARD. - THERE IS
HEREBY CREATED A PEOPLE'S SURVIVAL FUND BOARD,
HEREINAFTER REFERRED TO AS THE PSF BOARD, WHICH
SHALL BE LODGED UNDER THE COMMISSION AND CHAIRED
BY ONE OF THE COMMISSIONERS, AS DESIGNATED BY THE
COMMISSION. IT SHALL BE COMPOSED OF THE
FOLLOWING:

(A) DEPARTMENT OF FINANCE;

(B) DEPARTMENT OF BUDGET AND MANAGEMENT;

(C) NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY,
IN THEIR CAPACITY AS CHAIR OF THE PHILIPPINE COUNCIL
FOR SUSTAINABLE DEVELOPMENT;

(D) BANGKO SENTRAL NG PILIPINAS;


(E) A REPRESENTATIVE FROM EACH GOVERNMENT
FINANCIAL INSTITUTION;

(F) A REPRESENTATIVE FROM THE BUSINESS SECTOR WITH
OBSERVER STATUS; AND,

(G) A REPRESENTATIVE FROM THE NON-GOVERNMENT
ORGANIZATIONS WITH OBSERVER STATUS; PROVIDED,
THAT THE REPRESENTATIVES OF GOVERNMENT AGENCIES
SHALL BE ASSIGNED BY THEIR RESPECTIVE SECRETARIES.
AND SHALL HAVE A RANK OF AN UNDERSECRETARY;
PROVIDED, FURTHER, THAT THE BUSINESS AND NGO
MEMBERS OF THE PSF BOARD ARE PROHIBITED FROM
ACCESSING THE FUND WITHIN THEIR TERM AS SET BY THE
COMMISSION AND A YEAR AFTER THEIR TENURE IN THE
PSF BOARD HAS FINISHED.

SEC. 22. POWERS AND FUNCTIONS OF THE PSF BOARD. -
THE PSF BOARD SHALL HAVE THE FOLLOWING POWERS
AND FUNCTIONS:

(A) TO PROVIDE OVERALL STRATEGIC FINANCIAL
GUIDANCE FOR THE USE OF THE FUND;

(B) TO REPORT TO THE COMMISSION ALL
DISBURSEMENTS OF APPROVED PROPOSALS;

(C) TO IDENTIFY ADDITIONAL WINDOWS FOR
FINANCING AND PROVIDE SCHEMES FOR MATCHING
PROJECT PROPOSALS WITH APPROPRIATE FUNDING
STREAMS;

(D) TO ASSIST THE COMMISSION IN PREPARING
PROPOSALS FOR SUBMISSION TO VARIOUS FUNDING
AGENCIES;

(E) TO ADOPT A CONFLICT OF INTEREST POLICY TO
ENSURE THAT BOARD MEMBERS WILL NOT VOTE ON
PROJECTS IF THEY HAVE A DIRECT STAKE THEREIN; AND,

(F) TO ENSURE INDEPENDENT EVALUATION AND
AUDITING OF ACTIVITIES SUPPORTED BY THE FUND,
TAKING INTO CONSIDERATION THE PRINCIPLES OF
TRANSPARENCY AND ACCOUNTABILITY.

SEC. 23. ROLE OF THE COMMISSION IN THE UTILIZATION OF
THE PEOPLE'S SURVIVAL FUND. — THE COMMISSION SHALL
SET THE STRATEGIC DIRECTION ON CLIMATE ADAPTATION.
UTILIZING THE EXPERTISE OF THE ADVISORY BOARD, IT
SHALL EVALUATE, REVIEW AND APPROVE THE PROPOSALS
TO BE SUBMITTED TO THE PSF BOARD FOR FUNDING. THE
CRITERIA FOR THE USE OF THE FUND SHALL BE BASED ON,
BUT NOT LIMITED TO, THE FOLLOWING:
(A) LEVEL OF VULNERABILITY;


(B) LEVEL OF URGENCY AND RISK ARISING FROM THE
DELAY;

(C) PARTICIPATION OF AFFECTED COMMUNITIES IN
THE DESIGN OF THE PROJECT;

(D) ENSURING ACCESS TO THE FUND IN A BALANCED
AND EQUITABLE MANNER;

(E) LESSONS LEARNED IN PROJECT AND
PROGRAMME DESIGN AND IMPLEMENTATION TO BE
CAPTURED;

(F) SECURING REGIONAL CO-BENEFITS TO THE
EXTENT POSSIBLE WHERE APPLICABLE;

(G) MAXIMIZING MULTI-SECTORAL OR
CROSSSECTORAL BENEFITS;

(H) ADAPTIVE CAPACITY TO THE ADVERSE EFFECT
OF CLIMATE CHANGE;

() RESPONDS TO GENDER-DIFFERENTIATED
VULNERABILITIES; AND

(J) AVAILABILITY OF A CLIMATE CHANGE ACTION
PLAN.

FOR THIS PURPOSE, THE COMMISSION SHALL
PROMULGATE THE RULES AND REGULATIONS TO
PROMOTE TRANSPARENCY AND GOOD GOVERNANCE AND
TO MAINTAIN THE FIDUCIARY CHARACTER OF THE BOARD
IN THE ADMINISTRATION OF THE PEOPLE'S SURVIVAL
FUND.

SEC. 24, COMMUNITY PARTICIPATION. - TO ENSURE
TRANSPARENCY AND PARTICIPATION OF AFFECTED
COMMUNITIES IN THE ADAPTATION PROJECTS TO BE
SUPPORTED BY THE FUND, COMMUNITY REPRESENTATIVES
AND/OR NGO COUNTERPARTS MAY PARTICIPATE AS
OBSERVERS IN THE PROJECT IDENTIFICATION,
MONITORING AND EVALUATION PROCESS OF THE
COMMISSION.

SEC. 25. TRUSTEE. - FOR THE SOUND AND JUDICIOUS
MANAGEMENT OF THE FUND, THE COMMISSION, UPON
RECOMMENDATION OF THE PSF BOARD, SHALL APPOINT A
GOVERNMENT FINANCIAL INSTITUTION, WITH SOUND
TRACK RECORD ON FUND MANAGEMENT, AS PORTFOLIO
MANAGER AND TRUSTEE OF THE FUND, SUBJECT TO
GUIDELINES PROMULGATED BY THE PSF BOARD. THE
TRUSTEE SHALL MANAGE THE INVESTMENT OF FUND
BALANCES, ACCOUNTING AND FINANCIAL REPORTING FOR
THE FUND, TAKING INTO ACCOUNT THE OBJECTIVES OF
TRANSPARENCY, EFFICIENCY, FINANCIAL RISK


MANAGEMENT AND AVAILABILITY OF CASH AS NEEDED
FOR THE FUND COMMITMENTS AND DISBURSEMENTS. THE
TRUSTEE SHALL BE ACCOUNTABLE TO THE PSF BOARD
FOR THE PERFORMANCE OF ITS RESPONSIBILITIES, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF
SERVICE AGREEMENT BETWEEN THE TRUSTEE AND THE
PSF BOARD.

SEC. 14, The succeeding sections shall be renumbered accordingly

SEC. 15. Separability Clause. — If for any reason, any section or provisions of
this Act is declared as unconstitutional or invalid, the other sections or provisions
hereof shall not be affected thereby.

SEC. 16. Repealing Clause. — All laws ordinances, rules and regulations and
other issuances or parts thereof, which are inconsistent with this Act are hereby
repealed or modified accordingly.

SEC. 17. Effectivity Clause. — This Act shall take effect after fifteen (15) days
following its complete publication in at least two (2) national newspapers of
general circulation

Approved,