Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4844
HOUSE BILL No.

Introduced by RAM Party-list REPRESENTATIVE ALOYSIA T. LIM

EXPLANATORY NOTE

Over the past years, the Philippines has been experiencing the impact and frequency
of extreme weather conditions and geological disturbances. Floods, typhoons, and
earthquakes come with high costs. The heavy loss of lives is alarming and the economy
suffers, tremendously. In fact, according to the Asian Development Bank, the Philippines is
one of the leading countries in the Asia-Pacific Region that faces the highest disaster risk.
Equally alarming is the report that “on-going climate change could alter the frequency,
intensity, extent, duration and timing of extreme weather events, and is likely to result in
unprecedented extremes”. (IPCC 2012)

The purpose of this measure is to create a department that will focus on the country’s
resiliency against natural and human-induced calamities. We want to establish an enabling
environment and essential infrastructures to increase our capacity to resist, respond and
recover from disasters and hazards. It is also our aim to consolidate and harmonize existing
laws, plans and policies for short and long-term goals.

Our action on this matter, is extremely, urgent. We must remember that although all
Of us are affected by disasters and hazards, the most vulnerable amongst us are our poor
constituents. They will suffer the most.

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

OYSIAT. LIM.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4844

HOUSE BILL No.

Introduced by RAM Party-list REPRESENTATIVE ALOYSIA T. LIM

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

AN ACT

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

ARTICLE!
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Disaster Resilience Act of
2019”.

SECTION 2. Declaration of Policies and Principles. - The State, in recognition of the
following:

a. The Philippines is located along the Pacific Ring of Fire and the Tropical
Cyclone Belt, and is considered as one of the countries most vulnerable to
natural hazards and climate change;

b. Each year, the Philippines sustains immense damages and losses due to
natural disasters, including loss of life or injury, damage to buildings,
infrastructures, properties, and equipment, damage to or interruption of food
supply, loss of public and other critical services, loss of livelihood, business or
revenues from business interruption, disruption of economic development,
and damage to the environment;

¢. Transforming our World: The 2030 Agenda for Sustainable Development,
which was adopted by Heads of State and Government at a special UN Summit
in September 2015, reaffirms the urgent need to reduce the risk of disasters


and recognizes disaster resiliency as fundamental to the achievement of the
17 Sustainable Development Goals (SDGs) and its 169 targets;

d. The Sendai Framework for Disaster Risk Reduction 2015-2030 and the Paris
Agreement of the United Nations Framework Convention on Climate Change
(UNFCC) recognize the need for an effective and progressive response to the
threats of climate change, as one of the drivers of disaster risk, by fostering
collaboration among the national and local governments, across nations, with
other stakeholders including non-government organization (NGOs),
international organizations, the academe, and the private sector;

fe. The Philippines initiated the Asia-Pacific Economic Cooperation (APEC)
Disaster Risk Reduction (DRR) Framework of 2015, which the 21-member body
adopted to facilitate collective work in the Asia-Pacific Region in building
adaptive and disaster-resilient economies supporting inclusive and sustainable
development in the face of the “new normal”;

f. The National Disaster Risk Reduction and Management Council (NORRMC),
which was created under Republic Act (RA) No. 10121, mandates the Office of
Civil Defense under the Department of National Defense (DND) to manage
both human-induced and natural disasters;

g. The Philippine Development Plan (PDP) 2017-2022 recognizes the great
importance of ensuring the country’s resilience to natural disasters and
mandates the urgent implementation of effective disaster resilience measures
to help induce poverty-reducing growth and reduce inequality;

h. The Philippines’ experiences with previous disasters have shown that the
existing laws, policies, resources, and Institutional arrangements are
inadequate in squarely addressing the country's disaster prevention,
mitigation, preparedness, response and rehabilitation requirements; and

i. Resilience to natural disasters warrant skills, resources, and methods that are
different from that required to address human-induced disasters;

shall:

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

2.2. inculcate a culture of resilience and preparedness for natural disasters at the
national, regional and local levels;

2.3, Establish a strong and empowered institution capable of responding to the “new
normal” of natural disasters and climate change, and spearhead efforts to ensure
disaster resilience by delivering on the highly critical and intertwined functions of
disaster risk reduction, preparedness and response, and recovery and building
forward better;


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

2.5. Protect the nation’s historical and cultural heritage and resources from natural
hazards;

2.6. Integrate and accelerate the implementation of the principles, concepts and
action plans of climate change and disaster risk reduction contained in the
abovementioned international and national frameworks and commitments in various
phases of policy formulation, development and investment plans, 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 capacity for climate change adaptation and mitigation;

2.7. Foster an enabling environment for substantial and sustainable participation of
non-government stakeholders such as the academe, Civil Society Organizations
(CSOs), private sector groups, volunteers and communities in disaster resilience
programs and projects;

2.8. Adopt a whole-of-society approach in disaster resilience to enhance collaboration,
planning, and dialogue among all sectors of society, and in improving their strategies
and/or action plans for disaster risk reduction; and

2.9. Strengthen the chain of command and establish a unified command system to
enhance our country's disaster resilience.

SECTION 3. Definition of Terms. — As used In this Act:

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

b) Assisting Actor ~ refers to any assisting international actor and any assisting
domestic actor responding to a disaster in the country;

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

d) Assisting international Actor - any foreign state, organization, entity or
individual responding to a disaster within or transiting through the country to respond
toa disaster in another country;

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



f) Building Forward Better - an approach to building, reconstructing, and/or
rehabilitating an area or community that entails a shift from simple recovery and
restoration to safer, more adaptive, resilient, and inclusive communities;

g) __ Business Continuity - the capacity of a business entity to continue the delivery
of its products and/or services at acceptable pre-defined levels following a disruptive
incident;

h) _Capacity—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;

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

}) Climate Change ~ a change in the state of the climate that can be identified by
changes in the mean and the variability of its properties, and that persists in an
extended period, typically decades or longer, whether due to natural internal
processes or external forces such as modulation of the solar cycles, volcanic eruptions
and persistent anthropogenic changes in the composition of the atmosphere or in land
use;

k) Climate Change Mitigation - efforts to reduce or limit greenhouse gas
emissions or enhance greenhouse gas sequestration;

|) Cultural Heritage — the totality of cultural property preserved and developed
through time and passed on to posterity;

m) Contingency Planning —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;

rn) Department - the Department of Disaster Resilience or the DDR;

0)’ Development Assistance ~ refers to any financial, material or other forms of
assistance to support the economic, social, and environmental well-being of
areas and/or people affected by a natural disaster;


p) Disability — an evolving concept that results from the interaction between
persons with impairments, as defined under RA No. 7277, and attitudinal and
environmental barriers that hinder their full and effective participation in society on
aan equal basis with others;

q) _ Disaster refers to—a serious disruption of the functioning of a community or a
society involving widespread human, material, economic or environmental losses and
impacts, which exceeds the ability of the affected community to cope using its own
resources. Unless otherwise specifically indicated in this act, the term “disaster” shall
refer to “natural disaster”;

1) Disaster Contingency Fund — a fund, in lump-sum form, managed by the
Department to expediently provide funds and resources for disaster relief or response
in affected areas;

s) Disaster Mitigation or mitigation ~ the lessening or limitation of the adverse
impacts of hazards. Mitigation measures include the application of engineering
techniques and construction of hazard-resistant structures as well as improved
environmental, land use planning, climate change and other sectoral policies and
public awareness;

t) Disaster Preparedness - 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 provision of land for resettlement sites;

u) Disaster Prevention — the intention to avoid, or the outright avoidance, of
potential adverse impacts of disasters and related hazards through action(s) taken in
advance. It expresses the concept and intention to completely avoid potential adverse
pacts 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;

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

w) __ Disaster Response ~ 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 victims and vulnerable;

x) Disaster Resilience Fund — the budget managed by the Department, which
includes funds appropriated to it by Congress pursuant to an Appropriations Act, the
Disaster Contingency Fund, and the Rehabilitation and Recovery Fund;

y) __ Disaster Risk - 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;

2) Disaster Risk Governance — the way in which the public authorities, civil
servants, media, private sector, and civil society collaborate at the community,
regional and national and regional levels to manage disaster and climate related risks.
‘This means ensuring that sufficient levels of capacity and resources are made available
to the relevant actors and stakeholders 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;

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

bb) Disaster Risk Reduction - the prevention of new, and/or reduction of existing,
disaster risk(s) and the management of residual risk, to enhance resilience to disasters;

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

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

ee) Emergency - an unforeseen or sudden occurrence, especially danger,
demanding immediate and decisive action;

ff) Emergency Management — the organization and management of resources
and responsibilities for addressing all aspects of emergencies, in particular
preparedness, response and initial recovery steps;

gg) Environmental hazards — the hazards that may be chemical, natural, and
biological, and can be created by environmental degradation or physical or chemical
pollution in the air, water, and soil. However, many of the processes and phenomena


that fall into this category may be termed drivers of hazard and risk rather than
hazards in themselves, such as soil degradation, deforestation, loss of biodiversity,
salinization, and sea-level rise;

hh) Exposure ~ the degree to which the elements at risk are likely to experience
hazard events of different magnitudes;

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

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

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

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

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

nn) Human-Induced Hazard — an event that is caused by humans and occur in or
close to human settlements or a particular environmental area. This can include
environmental degradation, technological or industrial conditions, pollution,
accidents, e.g. high density events, industrial and transport accidents, complex
emergencies, armed conflict, situations of generalized or organized violence, and
violation of human rights;

00) Humanitarian assistance — financial, material or other similar forms of
assistance to address the immediate needs of people affected by a natural disaster;

pp) _ Hydrometeorological hazards — hazards that are of atmospheric, hydrological,
or oceanographic origin, such as tropical cyclones (also known as typhoons and
hurricanes); floods, including flash floods; drought; heat waves and cold spells; and
coastal storm surges. Hydrometeorological conditions may also be a factor in other


hazards such as landslides, wildland fires, locust plagues, epidemics, and in the
transport and dispersal of toxic substances and volcanic eruption material;

ga) Impact and needs assessment — assessing the nature and magnitude of a
disaster, its impact on affected populations, the type and extent of emergency, and
the requirements for recovery and rehabilitation of the affected area(s);

rt) Imminent Danger —a situation where, on the basis of official forecasts, it could
reasonably be expected that a disaster will occur in a particular geographical area and
within an estimated period of time, and where necessary preparedness actions or
financing are required;

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

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

uu) Internally Displaced Persons ~ persons or groups of persons who have been
forced or obliged to flee or to leave their homes or places of habitual residence within
national borders;

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

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

xx) Legal Facilities — entitlements and exemptions that are granted to Assisting
Domestic or International Actors that are declared to be eligible pursuant to this Act
and its implementing rules and regulations;

W) Local Disaster Resilience Plan (LDRP) ~2 document prepared by an LGU based
‘on the National Disaster Resilience Framework (NDRF) and the National Disaster
Resilience Plan and Investment Plan (NDRPIP) that sets out specific programs,
objectives and goals to implement disaster risk management and climate change
adaptation measures at the local level. The plan includes, among others, an
evaluation and analysis of emerging disaster risks, hazards and vulnerabilities


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

22) __ National Continuity Policy ~ is a comprehensive national policy consisting of
set of programs and projects aimed at capacitating the government to ensure the
continuity of governance and the delivery of public services during and after any
disaster;

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

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

ccc) Natural Hazard naturally occurring physical phenomena caused elther by
rapid or slow onset events, which can be geological (earthquakes, ground rupture,
liquefaction, landslides, tsunamis, sinkholes, and volcanic activity), hydrological and
meteorological (floods, severe winds, typhoons, storm surges), climatological
variability (extreme temperatures, EI Nifio, La Nifa, forest fires), or biological (disease,
epidemics and insect/animal plagues);

ddd) Open Data ~ a set of data that can be freely used, shared and built-on by
anyone, anywhere, for any purpose. It must be available in bulk, and should be
available free of charge, or at least at no more than a reasonable reproduction cost.
The information should be digital, preferably available by downloading through the
internet, and easily processed by the end-user’s computer too. The data must permit
people to use it, re-use it, and redistribute it, including intermixing it with other data
sets and distributing the results. Lastly, it does not allow conditions to be placed on
how people can use such data but permit a data provider to require that data users
credit them in some appropriate way, make it clear if the data has been changed, or
that any new datasets created using their data are also shared as open data;


eee) Pre-Disaster Recovery Plan - a plan intended to help government officials
working In small communities or across an entire nation, to define and follow
a process to pre plan for disaster recovery, and thereby strengthen their own
future recovery efforts and outcomes;

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

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

hhh) Rehabilitation — restoration of basic services and facllities for the functioning
of a community or a society affected by a disaster;

iii) Response - any effort to provide assistance or intervention during or
immediately after a disaster to meet the life preservation and basic subsistence needs
of affected people and communities; and in the restoration of essential public
activities and facilities;

ji) Retrofitting - the reinforcement or upgrading of existing structures to make
them more resistant and resilient to the damaging effects of hazards;

kkk) Risk Assessment ~ a methodology to determine the nature and extent of risk
by analyzing potential hazards and evaluating existing conditions of vulnerability that
together could potentially harm exposed people, property, services, livelihood and the
environment on which they depend;

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

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

nnn) _ Service Continuity -- the capacity of a government instrumentality to continue
delivering its mandated outputs and/or services to the public during and after a
disaster;

000) State of Calamity —a condition involving endangerment to and/or loss of lives,
damages to property, economic and/or social disruption, interruption and/or loss of


livelihood and/or services, and destruction and/or damages to infrastructure as @
result of natural disaster(s) or related hazard(s);

ppp) Simplified or Pre-Arranged Contract ~ a written agreement in the nature of an
option contract between the procuring entity on one hand, and the most responsive
and lowest calculated bidder on the other, granting the procuring entity the option to
either place an order for any of the goods identified therein or not buy at all, within a
given period of time;

qq) Sustainable Development - development that meets the needs of the present
without compromising the ability of future generations to meet their own needs;

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

sss) Vulnerability - the conditions determined by physical, social, economic,
‘organizational, and environmental factors or processes, which increase the
susceptibility of an individual, a community, assets or systems to the impacts of
hazards;

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

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

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

ARTICLE I
‘THE DEPARTMENT OF DISASTER RESILIENCE

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

SECTION 5. Mandate. The Department shall be the principal government institution
responsible for ensuring safe, adaptive, and disaster-resilient communities. It shall lead,
spearhead, initiate, and integrate the crafting and implementation of plans, programs,
projects and activities to reduce the risk of natural hazards and effects of climate change, and


manage the impact of disasters with the primordial goal of saving lives and minimizing
damage to property, in close collaboration with all relevant stakeholders at the national and
local levels.

The mandate of the Department shall cover all natural hazards, including the effects of
climate change, such as the following:

1. Geological Phenomena and Related Hazards

a. Earthquake — ground rupture, ground shaking, liquefaction, tsunami,
fire, and landslides;

b. Volcanic activity ~ ash fall, pyroclastic flow, lava flow, lahar, fissuring,
volcanic gas, and seiche (lake water oscillation);

c. Mass movement — landslides, debris flow, sinkholes;
2. Hydrological and Meteorological Phenomena and Related Hazards
a. Tropical cyclone - severe winds, storm surge, hail;
b. Flood;
c. Erosion;

Climatological variability

a. —_EINiflo;

b. Extreme temperatures;

c. — LaNifia; and

d. Solar radiation, among others.

‘The Department shall oversee and coordinate the preparation, implementation, monitoring,
and evaluation of disaster and climate resilience plans, programs, projects and activities,
provide leadership in the continuous development of strategic and systematic approaches to
disaster prevention, mitigation, preparedness, response, recovery and rehabilitation and
anticipatory adaptation strategies, measures, techniques, and options. It shall also manage
and direct the implementation of national, local, and community-based disaster resilience
programs in collaboration with relevant national government agencies, LGUs, CSOs, and other
stakeholders, as applicable.

SECTION 6. Powers and Functions of the Department. ~ The Department shall exercise and
perform the following powers and functions:

(2) Overall Functions

14. Craft the policies and lead the implementation of the programs,
projects and activities necessary to reduce the country's vulnerabilities to


(b)

natural hazards and climate change, using the PDP and the relevant climate
change and DRR frameworks as anchors;

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

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

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

5. Receive, manage, and administer the Disaster Resilience Fund, the
Disaster Contingency Fund, donations and other funds, assets and/or
properties received by the Department to accomplish the purposes of this Act;

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

7. Direct any government entity to help ensure the attainment of the
goals and objectives of this Act;

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

9. Advise the President on matters concerning disaster resilience and
make recommendations, as appropriate; and

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

Disaster Risk Reduction

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

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

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


4. Formulate plans and programs to establish and implement government
redundancy, service and business continuity, and a National Continuity Policy,
asa high priority and urgent undertaking;

5, Ensure the use of advanced science and technology in anticipatory
planning of communities against the Impact of natural hazards and climate
change through consultation, and employment with a regular department
funding the academe or higher education institutions;

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

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

8 Oversee and ensure the mainstreaming of climate change adaptation
and disaster risk reduction in development and land use planning, and the
preparation of contingency plans;

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

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

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

12. Coordinate directly with local government units 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;

13, _ Reviewand evaluate local disaster resilience plans and other local plans
to ensure their consistency with the National Disaster Resilience Framework;
and

14. Undertake all other programs, projects, and actions necessary to attain
the overall goals and intended outcomes of this key result area.


()

Disaster Preparedness and Response

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

2. Ensure the efficient prepositioning of goods, maintenance, and
disposal of safety stocks;
3. Prepare pre-disaster recovery plans in anticipation of future disasters

by engaging the community and planning for recovery activities that are
comprehensive and long-term;

4. Establish a corps of first responders in partnership with national and
local stakeholders, both public and privat

5. Formulate standards for contingency planning for adoption by both
national government agencies and local government units;

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

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

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

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

10. Establish and maintain a national humanitarian logistics system with a
network of warehouses, transport and resources, including response assets
and disaster relief food and non-food items;

11. Call upon the relevant government instrumentalities, non-government
stakeholders, CSOs, and international partners for assistance in ensuring the
protection and preservation of life and property such as through the use of
their resources and facilities, among others. This function includes the power
to call on the reserve force as defined in Republic Act no. 7077 to assist in
search and rescue, and the relief and disaster preparedness and response
operations;


(d)

12. Implement Pre-Disaster Risk Assessments to include deployment of
rapid assessment teams to gather information for precise actions as a basis for
emergency preparedness and humanitarian response;

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

14. Monitor and support LGUs in the management of evacuation centers
and ensure the welfare and dignity of internally-displaced persons;

15. Procure goods and services prior to, during, and after emergencies for
preparedness, response, and recovery activities, including those prompted by
a declaration of a state of calamity or of an imminent disaster; in accordance
with existing emergency procurement rules and regulations.

16. Issue special procurement rules and regulations, in close coordination
with the Government Procurement Policy Board, for preparedness, response,
and recovery activities, including those prompted by a dectaration of a state of
calamity or of an imminent disaster;

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

18. By the authority of the President, secure the assistance of the Armed
Forces of the Philippines (AFP), the Philippine National Police (PNP), DILG-
Bureau of Fire Protection (BFP), DOTr-Philippine Coast Guard (PCG), and other
uniformed services in undertaking disaster preparedness and response
operations in at-risk and/or disaster-affected areas; and

19. Undertake all other programs, projects, and actions necessary to attain
the overall goals and intended outcomes of this key result area.

Recovery and Building Forward Better

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

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

3. Prepare and implement the recovery and rehabilitation plan(s) for
disaster affected areas;


(e)

4 implement the cluster approach to expedite reconstruction efforts,
eg,, post-disaster shelter recovery, and orchestrate and serve as the
clearinghouse for the participation of assisting actors in such efforts;

5. Collaborate with relevant government agencies and non-government
stakeholders in undertaking programs and projects to restore and/or generate
livelihood and entrepreneurial activities and opportunities in disaster-affected
areas;

6. Ensure that the principle of Building Forward Better, not mere
restoration, is applied to all recovery, reconstruction, and rehabilitation
efforts; and

7. Undertake all other programs, projects, and actions necessary to attain
the overall goals and intended outcomes of this key result area.

Other Powers and Functions
1. Constitute, call, convene and/or deputize agencies of

government, and invite non-government and private organizations, to assist,
advise, and/or coordinate with the Department to achieve the goals and
purposes of this act;

2. Provide operating guidelines to the LDROs 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;

3. Establish and monitor local and national capacity for disaster risk
financing and insurance and other risk transfer strategies in coordination with
the DOF, GSIS, LBP, and the Insurance Commission;

4. Coordinate information-sharing and other disaster risk reduction
protocols following the principle of inter-operability among National
Government Agencies and Local Government Units, before, during, and after
a disaster;

5, Administer, mobilize, monitor, and oversee the utilization of disaster
resilience-related funds, including, but not limited to, the National Disaster
Resilience Fund and the Supplemental Disaster Resilience Support Fund for low
income provinces, cities, and municipalities, and multi-hazard local
government units;

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



7. Whenever it becomes necessary, to save lives and/or minimize
damages to livelihood and property, assume supervision over the
implementation of any government program, project, or activity in
anticipation of, during, and in the aftermath of a disaster;

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

9. Manage all funds appropriated to it by law and from other sources,
including all donations and grants received by it;

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

11. Receive humanitarian assistance from local and foreign sources,
recommend the acquisition of developmental assistance for the purpose of
disaster resilience, acknowledge and certify the receipt of all humanitarian
assistance, and ensure their judicious use and manageme!

12. Establish and operate a platform, including an online platform, to
monitor and provide public access to information on humanitarian assistance
received by the Department;

13. Secure the assistance of the AFP, PNP, DILG- BFP, DOTr-PCG, and other
uniformed services and government instrumentalities to ensure the
attainment of the three key result areas, and the overall goals and objectives
of this Act;

14. In consultation with the COA, promulgate rules and regulations for the
retention, re-exportation, donation, and disposition of unused goods and
equipment after the termination of disaster relief and initial recovery
operations;

15, Assist appropriate national government agencies and offices and
concerned local government units in protecting national cultural heritage
including national treasures and national historical landmarks, sites or
monuments from hazards and disasters; and

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


ARTICLE Il
EMERGENCY MEASURES

SECTION 7. Emergency Measures. - (a) The Department may undertake and implement such
immediate measures as may be necessary to ensure the protection and preservation of life
or property in anticipation of, during, and in the aftermath of emergencies, hazards and
disasters, including preemptive and forced evacuations.

Local government units shall enact an ordinance on and implement necessary and
appropriate emergency measures, including preemptive and forced evacuations, to ensure
the protection and preservation of life or property in anticipation of, during, and in the
aftermath of disasters.

Emergency measures, including preemptive and forced evacuations, shall be carried out with
the primordial goal of saving lives and minimizing loss of property and livelihood, while
respecting the dignity and culture of persons, observing equality, and using proportionate
force, and with conscious attention to the needs of vulnerable and marginalized groups.

Appropriate steps shall be taken to inform the public of the need to implement emergency
measures, such as evacuations, for their safety.

Preemptive evacuation shall be the preferred and primary mode of moving people
that will be affected by disasters.

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

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

{b) Whenever it becomes necessary, the Department may recommend to the
President the calling out of the Armed Forces of the Philippines to prevent or suppress
lawless violence occurring before, during, and in the aftermath of disasters.

(c) ‘The Department shall ration the distribution of basic goods in critical shortage,
and/or restrict or ban the transfer of such goods outside the area covered by the
emergency measure.

{d) The Department may temporarily take over or direct the operation of any
private utility or business 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.

(e) Local government units shall likewise enact the abovementioned emergency
measures including preemptive and forced evacuations, to ensure the protection and
preservation of life or property in anticipation of, during, and in the aftermath of
disaster.

(f) With the concurrence of the DOF, the Department shall recommend to the
Monetary Board the deferment of payment for monetary debts of LGUs and/or
private entities that have been affected by disasters.

ARTICLE IV
ORGANIZATION AND MANAGEMENT

SECTION 8. The Secretary. - The Department shall be headed by the Secretary of Disaster
Resilience, hereinafter referred to as the Secretary, who shall be appointed by the President,
subject to confirmation by the Commission on Appointments. The Secretary shall preferably
have a solid background in any of the scientific, engineering, and public management fields
relevant to resilience to natural hazards and climate change; and demonstrated managerial
acumen.

SECTION 9. Powers and Functions of the Secretary. - The Secretary shall exercise the
following powers and functions:

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

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

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

d) Appoint officers and employees of the Department, except those whose
appointments are vested in the President, in accordance with civil service law, rules,
and regulations;

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

f) Manage the financial, human, and other resources of the Department;


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

h) 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;

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

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

SECTION 10. The Undersecretaries. - The Secretary shall be assisted by at least four (4)
Undersecretaries, who shall be responsible for the following functional areas, including the
establishment of a robust and responsive ICT system to effectively support the mandate and
operations of the Department:

a) __ Disaster Risk Reduction ~ the formulation, adoption, and implementation of
policies and programs to reduce existing and future disaster risks to minimize loss and
damage to lives and properties, including the formulation of the required policies and
programs in the NDRF and relevant national investment plans;

b) __ Disaster Preparedness and Response — the implementation of projects and
programs to prepare and respond to disasters, including the enhancement of
capabilities of local government units, the development of a database of exposure or
elements at risk per area and database of volunteers, the establishment of safe and
strategic evacuation centers, and the implementation of responsive and efficient
prepositioning and distribution of goods;

) Recovery and Building Forward Better — the formulation and implementation
of rehabilitation plans for disaster-affected areas and ensuring the implementation of
disaster recovery and rehabilitation measures, such as post-disaster shelters and
livelihood projects, in collaboration with relevant government agencies, local
government units, and other stakeholders; and

d) Support to Operations ~ the formulation and implementation of policies,
programs, projects, and activities to ensure the efficient, effective, and responsive
performance of the Department's mandate, powers, and functions. Support to
operations includes knowledge management, stitutional development and
planning, finance, administration, and human resources management.

‘The Undersecretaries shall have operational control and supervision over the bureaus,
divisions, offices, and units assigned to their respective functional areas.


SECTION 11. The Assistant Secretaries and Directors. - The Department shall have such
number of Assistant Secretaries and Directors as may be necessary for the effective and
efficient implementation and performance of its mandate, powers, and functions.

SECTION 12. Qualifications. All the Undersecretaries, Assistant Secretaries, and other officials
of the Department shall preferably be specialists and have a good track record in any of the
following fields, as applicable to their mandated key result areas and functions: disaster risk
reduction and management, science and technology, environmental science or management,
urban planning, civil engineering, public finance, information and communications
technology, logistics management, mass communication, among other fields directly relevant
to ensuring the country's disaster resilience.

The appointing authority and other responsible officials shall ensure that the Department's
its human resources possess the competencies, skills, behavioral attributes, training and
experience necessary for them to become efficient, effective, and responsive in performing
their functions and contribute to the attainment of the overall goals and delivery of the
intended outcomes of this Act.

SECTION 13. Structure and Staffing Pattern. The Department shall determine its
organizational structure and staffing pattern and create such services, divisions, and units, as
it may require or deem necessary, subject to the approval of the Department of Budget and
Management.

SECTION 14. Regional Disaster Resilience Offices. - The Department shall establish and
maintain Regional Disaster Resilience Offices (RDROs) in each administrative region, to be
headed by a Regional Director. The Department shall create policies and programs to
establish collaboration and coordination among the different ROROs.

SECTION 15. Powers and Functions of RDROs. - The RDROs shall have the following powers
and functions:

a) Review the LDRPs and Provincial DRPs of LGUs within its jurisdiction, and
require the amendment of such LDRPs and/or Provincial DRPs if necessary, to
‘ensure compliance with the NDRF and relevant national investment plans;

b) Monitor and direct LDROs and PDROs to implement their respective LORPs and
PDRPS;

¢) Recommend to the appropriate local legislative body the enactment of
ordinances to implement the LORP, NDRF and relevant national investment plans at
the city, municipal or provincial level, and to comply with other requirements of this
Act;

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

e) _Disburse to, and monitor the use by, LGUs of funds granted by the Department
pursuant to this Act and its IRR;


g) Provide, upon the request of LGUs or unilaterally at its own discretion,
assistance to LGU(s) within its jurisdiction as necessary to ensure the implementation
of LDRPs/Provincial LDRPs, NDRF and relevant national investment plans, and to
render efficient and timely disaster preparedness, response and recovery measures;

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

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

k) Establish and maintain, in coordination with the Department, a Regional
Command and Control Center (RCCC), which includes, among others, an information
management system at the regional level, which consolidates and integrates
information from the provinces, cities and municipalities within its jurisdiction, a
multi-hazard early warning and communications system, and a monitoring system
that enables the RDRO to oversee, supervise, monitor and respond to the needs of
LGUs within its jurisdiction in relation to disaster resilience activities;

1) Assist in the implementation, of rehabilitation plan(s) for LGUs within its
coverage; and

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

SECTION 16. Special Disaster Response Teams. The RDROs may organize and/or activate
Special Disaster Response Teams (SDRTs) to assist LGUs in responding to hazards and disasters
that are beyond their capacities, as deemed necessary.

SECTION 17. Local Disaster Resilience Offices. - The Local Disaster Risk Reduction
Management Offices in provinces, cities, and municipalities are hereby renamed as the
Provincial, City, and Municipal Disaster Resilience Offices, respectively, and shall collectively
be called the Local Disaster Resilience Offices (LDROs). Provincial, city, and municipal
governments shall establish their respective LDROs.

The Barangay Disaster Risk Reduction and Management Committees are hereby renamed as
the Barangay Disaster Resilience Committees (BDRC).

All Local Disaster Risk Reduction Management Councils are hereby abolished.

The LDROs shall be under the control and supervision of the provincial governor or the city or
municipal mayor, as the case may be. The budgetary requirements for personal services,
maintenance and other operating expenditures, and capital outlay of the LDROs shall be
sourced from the General Fund of the local government units concerned; Provided, That, the
personal services limitations under Section 325(a) of Republic Act No. 7160, otherwise known


as the Local Government Code of 1991, shall not apply in relation to the creation and
appointment of at least five (5) positions in the LDROs.

Other maintenance and operating expenditures and the capital outlay requirements of LDROs
in the implementation of disaster risk reduction management and climate change adaptation
programs shall be charged to the Local Disaster Resilience Fund of local government units.

SECTION 18. Local Disaster Resilience Officer. ~The LDRO shall be headed by a full-time Local
Disaster Resilience Officer, who shall have a regular plantilla position and shall be appointed
by the local chief executive: Provided, That the qualifications standards pertaining to
experience and training set by the Civil Service Commission for the position may be waived
by the Department in exceptional cases upon the request of the local chief executive.

SECTION 19. Powers and Functions of City and Municipal Disaster Resilience Offices. - The
City and Municipal Disaster Resilience Offices shall have the following powers and functions:

a) Formulate and implement, in coordination with the Department, a
comprehensive and integrated Local Disaster Resilience Plan in accordance with the
NDRF and the relevant national investment plans;

b) Design, program, coordinate, and implement disaster resilience activities
consistent with the standards and guidelines provided by the Department, and
implement the NDRF and the relevant national investment plans at the city or
municipal level;

Co) Prepare and submit to the Sangguniang Panglungsod or Bayan, as the case
may be, the LORP, the proposed programming of the LOR Fund, other dedicated
disaster resilience resources, and other funds of the LDRO;

d) Recommend to the Sangguniang Panglungsod or Bayan, as the case may be,
the enactment of ordinances to implement the LDRP, NDRF, relevant national
investment plans, and the provisions of this Act;

e) Prepare and submit to the Department a report on the utilization of its Local
Disaster Resilience Fund and other disaster risk reduction and management resources;

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

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


h) Organize and conduct training and knowledge management activities on
disaster resilience at the local level, in coordination with the Disaster Research,
Education, and Training Institute;

i) Recommend to the local chief executive the procurement of emergency works,
goods, and services in compliance with the regulations, orders, and policies of DBM
and GPPB, to implement the LDRP or support early recovery and post-disaster
activities;

j) Recommend, in coordination with the DOF and other relevant agencies, to the
local chief executive, access to foreign loans to finance projects, programs, and
policies for disaster preparedness, response, recovery, and rehabilitation, subject to
terms and conditions agreed upon by the local government unit and the lender;

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

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

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

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

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

SECTION 20. Powers and Functions of the Provincial Disaster Resilience Offices. ~The
Provincial Disaster Resilience Offices shall have the following powers and functions:

2) Formulate and implement, in close coordination with the Department and the
local government units under the jurisdiction of the provincial government, a
comprehensive and integrated Provincial Disaster Resilience Plan in accordance with
the NDRF;

b) _ Review the LDRPS of cities and/or municipalities within its jurisdiction, and
require the amendment of such LDRPs if necessary, to ensure compliance with the
Provincial DRP and the NDRF;

<) Design, program, coordinate, or implement disaster resilience activities
consistent with the standards and guidelines provided by the Department, and


implement the NDRF and the relevant national investment plans at the provincial
level;

d) Prepare and submit to the Sangguniang Panlalawigan, the Provincial DRP, the
proposed programming of the province’s Local Disaster Resilience Fund, other
dedicated disaster resilience resources, and other funding sources of the PDRO;

e) Recommend to the Sangguniang Panlalawigan the enactment of local
ordinances to implement the Provincial LDRP, NDRF and relevant national investment
plans at the provincial level, and to comply with other requirements of this Act;

f) Prepare and submit to the Department, a report on the utilization of the
province’s Local Disaster Resilience Fund and other disaster risk reduction and
management resources;

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

h) Recommend to the Provincial Governor the procurement of emergency works,
goods, and services in compliance with the regulations, orders, and policies of DBM
and GPPB, to implement the provincial LORP or support early recovery and post-
disaster activities of the PDRO;

i) Recommend, in coordination with the DOF, to the Provincial Governor to
access foreign loans to finance its policies, programs, projects, and activities for
disaster preparedness, response, recovery, and rehabilitation, subject to terms and
conditions agreed upon by the Provincial Government and the lender;

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

k) Coordinate and provide the necessary support or assistance to the Department
in the implementation of rehabilitation plan(s) within the cities and/or municipalities
covered by the PDRO; and

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

SECTION 21. Service Continuity of the Department. To ensure service continuity, the
Department and its regional and attached offices shall be established in a reasonably resilient


location; and/or undertake the necessary interventions to make its offices and systems
disaster-resilient.

ARTICLE V
WHOLE OF GOVERNMENT AND WHOLE OF NATION APPROACH

SECTION 22. Synergy with Stakeholders. - The Department shall ensure seamless synergy
and coordination with stakeholders, including national government agencies, local
government units, government-owned or -controlled corporations (GOCCs), 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 mechanisms.

The Department shall establish a platform, paradigm, and mechanisms for convergence and
coordination with stakeholders, including the development of standards, protocols, and
procedures for seamless 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 closely engage the private sector,
CSOs, academe, and other non-government stakeholders and strengthen public-private
collaboration towards disaster resilience by way of the following interventions, among others:

a. Implementation of business continuity practices to ensure the continued
delivery of products and services, in the event of disasters;

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

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

d. Facilitation or assistance in obtaining and/or processing incentives for the
private sector and other non-government stakeholders, such as but not limited to tax
credits;

e. Preparation and facilitation of the issuance of special rules for Micro, Small,
and Medium Enterprises (MSMEs) such as, but not limited to, mechanisms involving
procurement and liquidity to create enabling environments for disaster preparedness,
recovery and building forward better; and

f. Formulation of investment programs for disaster affected areas in partnership
with the private business sector and civil society organizations.

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

SECTION 24. 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 have the shared vision and duty
to provide support to the State in the implementation of policies and programs, particularly
the Disaster Resilience Framework and Disaster Resilience Plan at the national, regional and
focal levels.

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

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

©) Senior citizens, and persons with disabilities shall contribute their knowledge
and experience on disaster preparedness and resiliency;

d) Indigenous peoples and Muslim Filipinos shall share their traditional
knowledge and practical experience on disaster resiliency;

e) Urban and rural poor, and migrants shall participate in building resilient
resettlement communities;

f) Emergency responders and volunteer organizations shall contribute to
resilience by promptly and efficiently responding to disasters and emergencies
consistent with the policies of the Research, Education and Training Institute of the
Department;

@) Academia, scientific and research entities, and networks are encouraged to
undertake relevant research on disaster resiliency in partnership with the Department
and other stakeholders for better decision-making;

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

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

SECTION 25. Disaster Resilience Assembly. The Department, with the assistance of RDROs,
shall establish and convene a Disaster Resilience Assembly (DRA), at the regional and national
level, which will be held on a semestral basis, or as frequently as necessary to ensure the
proactive engagement of the relevant government and non-government stakeholders, such
as the Union of Local Authorities of the Philippines (ULAP), League of Municipalities of the
Philippines (LMP), CSOs, academe, DRRM practitioners, the private sector, and the national


government agencies, among others, to ensure effective collaboration towards achieving the
goals of this Act.

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

SECTION 26. Inter-operability of Systems. The Department shall establish mechanisms to
ensure the inter-operability of systems among government agencies, and to allow access of
agencies to the IDRIS. It shall develop protocols to allow real-time access to information by
government agencies in relation to natural disasters and the implementation of disaster
resilience measures.

SECTION 27. National organization of all Local Disaster Resilience Officers. There shall be a
national organization of all local disaster resilience officers for the primary purpose of:

a) Developing capacity, and exchanging knowledge, experiences, and best
practices concerning local government disaster resilience;

b) Fostering inter-operability of the local disaster resilience offices’ systems;
Facilitating inter-LGU cooperation and collaboration;

c) Providing inputs and feedback to the Department on resilience concerns at the
local level; and

d) Enhancing synergy in other areas of common concern.

ARTICLE VI
MAINSTREAMING, INTEGRATION AND CONVERGENCE
OF DISASTER RISK REDUCTION

SECTION 28. Integration of DRR and Climate Change Adaptation in the National Disaster
Resilience Framework and Disaster Resilience Plan. - The existing NDRRM Framework and
Plan, and the National Climate Change Strategic Framework and Plan shall be integrated and
harmonized into the NORF and the NDRPIP. The NDRF and NORPIP shall be reviewed and
updated every three (3) years.

SECTION 29. Ecosystem-Based Approach to Prevention and Mitigation, Rehabilitation and
Recovery from Disasters. ~ The Department shall ensure the application of ecosystems-based
approaches in disaster risk reduction, particularly through ecosystem management and
restoration as defined in this Act, and ensuring that environmental and natural resource
policies are risk-Informed.


ARTICLE VIL

NATIONAL DISASTER OPERATIONS CENTER, ALTERNATIVE COMMAND CENTER, AND
RESEARCH AND TRAINING INSTITUTE

SECTION 30. National Disaster Operations Center. - The Department shall establish, within
‘one (1) year from the approval of this Act, and act as the primary operator of, the National
Disaster Operations Center (NDOC), Alternative Command and Control Centers (ACCCs), and
a Disaster Resilience Research and Training Institute (DRRT!).

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

The ACCCs are command centers established in other locations as an alternative or to provide
supplemental support to the NDOC. The number and location of ACCCs shall be determined
by the Department as may be necessary in each of the country’s major island groups.
Temporary ACCC may likewise be established by the Department, if necessary.

SECTION 31. DRATI functions and inter-agency knowledge sharing. - The DRRTI shall be a
platform for providing training, and for collecting, consolidating, managing, analyzing, and/or
sharing knowledge and information to improve and/or enhance disaster resilience. The
DRRT! shall:

a) Establish reliable and up-to-date Integrated Disaster Resilience Information
System (IDRIS) through close and seamless collaboration with the Department of
Science and Technology (DOST), Department of information and Communications
Technology (DICT), and other appropriate agencies;

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

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

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

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

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


SECTION 32. Compliance and Accreditation of DRRTI with international tandards. - The
Department shall strive to obtain certification from, and accreditation by, international
accreditation bodies of the DRRTI to ensure DRRTI’s compliance with international standards.
The Department shall likewise ensure collaboration with key countries and international
organizations to incorporate best practices on disaster resilience in the Department's policies
and programs.

ARTICLE VIII

INTEGRATION, MAINSTREAMING DISASTER RESILIENCE INFORMATION, EDUCATION AND
COMMUNICATION CONVERGENCE

SECTION 33. integrated Disaster Resilience Information System (IDRIS) ~ The Department
shall establish a National and Regional Information Management System for Disaster
Resilience, which shall be a database of all relevant 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. The IDRIS shall be accessible at all times to the responsible officials and entities
to enable the timely, reliable, and accurate collection, processing, analysis, and dissemination
of information to support overall decision-making and effective coordination at both the
national and sub-national level. The protocols and procedures for this shall be defined in the
IRR of this Act.

SECTION 34. Disaster Resilience Education and Training. — (a) To instill a culture of safety and
security including emergency preparedness and disaster resiliency, the Department, in
partnership with the public and private sectors shall encourage the inclusion of appropriate
information on disaster resilience in their various training programs and immersion activities.

(b) The 1EC on disaster resilience shall be informative and holistic, gender, culture and
disability sensitive using various available platforms.

ARTICLE IX
DISASTER RISK TRANSFER, INSURANCE AND INCENTIVES

SECTION 35. Disaster Risk Transfer, Insurance and Social Welfare. (a) The Department shall
oversee all 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, in collaboration with the DOF, BSP, LBP, GSIS, and the
Insurance Commission, shall create, establish, and implement, among others, disaster
insurance pools, revolving funds, insurance and risk-transfer schemes and/or facilities,
and other financial disaster resilience measures to ensure the protection of public
and/or private properties and livelihood against the adverse effects of natural


disasters. For this purpose, the Department and/or DOF may engage or require the
participation of government banks, insurance agencies and financial institutions.

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

(d) The Department shall endeavor the local government units to insure primary
assets for unforeseen or contingent potential losses, damages and disruption from
natural hazards chargeable against their respective Local Disaster Resilience Fund
(LoRF).

SECTION 36. Recognition and Incentives. ~The Department, in partnership with the private
sector, shall establish an incentives program that recognizes outstanding performance of
LDRC, NGOs, CSOs, schools, hospitals, and other stakeholders in promoting and implementing
significant disaster risk reduction management-climate change adaptation programs and
innovations, and meritorious acts of individuals, groups or institutions during natural.

ARTICLE X
PREPAREDNESS AND INTEGRATED EARLY WARNING

SECTION 37. Standards for Disaster Preparedness Activities. - (a) The Department shall
establish standards and protocols for disaster preparedness, contingency planning, localizing
and operationalizing disaster risk reduction and management, preparedness for disaster
response, preparedness for early recovery, continuity of essential services, and other relevant
preparedness activities.

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

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

SECTION 38. 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 prepare for, respond to and recover
from potential risks and disasters.


(b) The Department shall formulate and implement multi-hazard early warning
protocols integrating all disaster preparedness systems in collaboration with local
executives, community-based organizations, civil society organizations, and other
non-governmental organizations for proper use and application.

SECTION 39. Early Warning Mandate. ~ (a) The Department shall issue an integrated early
warning alert for the impending occurrence of hazards that will enable the public to prepare
timely and act appropriately to minimize potential harm or loss.

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

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

(d) Any person who transmits early warning concerning the abovementioned
phenomena by means of signs in designs, colors, lights, or sound shall do so in
compliance with the methods recognized or approved by the Department.

(e) The Department at the national and local level shall use an integrated early
warning system to ensure it is consistent and locally contextualized with the
communication protocol and safe evacuation procedure of the affected communities.

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

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

ARTICLE XI
DISASTER RESPONSE AND EARLY RECOVERY

SECTION 40. 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 Department.

‘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 through the Department, the LDRO may seek from the local


legislative body or Sanggunian, the declaration of a state of imminent disaster to enable the
local executives to implement pre-emptive evacuation and precautionary measures in order
to save lives and minimize damage to property, loss and disruption of livelihood that require
the use of funds and resources under the LDRF.

SECTION 41. Levels of Responsibility for Disaster Preparedness and Response. ~The primary
responsibility for disaster preparedness and response shall be exercised at the local or
national level, as applicable, in close and seamless collaboration with the relevant national
government instrumentalities, non-government stakeholders, and international partners.
The four levels of responsibility and the conditions that warrant each are as follows:

LEVELS OF RESPONSIBILITY RESPONSIBLE OFFICIALS CONDITIONS
Level 1: City or Municipality
Lead Official: Mayor of the affected city or municipality

Support: City or Municipal Disaster Resilience Officer. If a disaster affects a
single city or municipality

Level 2: Province

Lead Official: Provincial Governor of the affected province

Municipal and/or City Mayors
nce Officers concerned

‘Support: Provincial Disaster Resilience Officer,
concerned. Municipal and/or City Disaster Resi

Ifa disaster affects two or more municipalities and/or cities within a province

Level 3: Region
Lead Official: Regional Director, DDR

Support: Governors of affected provinces Concerned Provincial Disaster
Resilience Officers

If a disaster affects two or more provinces within a region (except for the
National Capital Region)

Level 4: National

Lead Official: Secretary of Disaster Resilience (SDR)

Support: Governors concerned Disaster Resilience Officers concerned
a. Ifa disaster affects at least two (2) regions;

b. When the LGU is unable to effectively cope with the risk and/or impact
of a hazard; or


c. When the President directs a Level 4 response or declares a state of
calamity.

SECTION 42. Disaster Preparedness and Response in the NCR. - When at least two cities
and/or municipality in the NCR are affected, the SDR shall be responsible for leading the
disaster preparedness and response efforts, in collaboration with the affected LGUs, the
MMDA, and the concerned government instrumentalities and non-government stakeholders.

SECTION 43. Inter-Local Government Assistance. - LGUs are hereby authorized to extend the
necessary assistance to another LGU, whether through funding or donation of goods and/or
services, and conducting disaster preparedness and response operations, to help save lives
and minimize damage to property. These include the pre-positioning and provision of basic
goods, training of first responders, among others, subject to the accounting and auditing rules
to be defined in the IRR of this Act.

SECTION 44. 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 ACDRVs and Institutions, National Service Reserve Corps, CSOs and the
private sector shall be maintained by the Department through the LDROs. Accreditation shall
be done at the municipal or city level.

The mobilization of volunteers shall be in accordance with this Act and implementing
guidelines to be formulated by the Department. Any volunteer who incurs death or injury
while engaged in any of the activities defined under this Act shall be entitled to compensatory
benefits and individual personnel accident insurance as may be defined in the IRR.

SECTION 45. Reporting of Humanitarian Assistance. - The concerned local government unit
shall submit a report to the Department, taking into account all domestic or international
humanitarian assistance received and distributed within its area of responsibility.

ARTICLE Xil
HUMANITARIAN ASSISTANCE

SECTION 46, Management of Humanitarian Assistance. (a) The Department shall have the
power to receive and manage humanitarian assistance from any person or entity, whether
from local or international sources.

(b) The importation by, and humanitarian assistance to, the Department of, among
others, food, clothing, medical assistance, equipment, and materials for relief,


recovery and other disaster management activities are hereby authorized in
accordance with Section 105 of the Tariff and Customs Code of the Philippines, 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.

SECTION 47. 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 48, Assessment of the Need for International Humanitarian Assistance. —

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

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

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

SECTION 49. Humanitarian Assistance Action Center. - The Department shall create an inter-
agency one-stop shop mechanism called the Humanitarian Assistance Action Center (HAAC)
for the processing and release of entry and facilitation of goods, articles or equipment and
services and international relief workers for the provision of international humanitari
assistance and the processing of necessary documents for assisting international actors.

The Department shall lead and manage the HAAC, which shall be composed of the following:
(a) Bureau of Customs;
(b) Department of Foreign Affairs;
(c) Department of Social Welfare and Development;
{d) Department of Health;

(e) Food and Drug Administration;


(f) Department of Agriculture;

(8) Department of Energy;

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

(i) Philippine Coast Guard; and

(k) Bureau of Immigration.

SECTION 50. Request for International Humanitarian Assistance. — (a) In cognizance of the
urgency, criticality and intensity of an imminent risk, the Department shall issue a flash appeal
to the family of nations, under regional and multilateral conventions, for assistance in
preparedness, including preemptive measures, search, rescue, and retrieval, relief, recovery,
and reconstruction.

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

SECTION 51. Regulation of Humanitarian Assistance. — (a) The Department shall ensure the
efficient and effective monitoring of humanitarian assistance from domestic or international
donors, establish and operate a platform, including an online platform, to facilitate, and
provide public access to information on donations.

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

ARTICLE XII
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO FOREIGN STATES

SECTION 52. Offer and Facilitation of international Humanitarian Assistance to Foreign
States. - in the event of a disaster occurring in a foreign state for which international
humanitarian assistance is required, the Department, in coordination with the DFA, may offer,
facilitate, provide, and deploy international humanitarian assistance to said foreign state,
which shall be subject to guidelines to be promulgated by the Department for the purpose.

SECTION 53. Accreditation. - The Department, in coordination with relevant government
agencies and organizations, shall provide and facilitate the necessary training and


accreditation to the respective government personnel to be deployed for such offer,
facilitation and provision of international humanitarian assistance to a foreign state.

ARTICLE XIV
RECOVERY

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

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

with the principle of “building forward better”;

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

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

d) Employ outcome-driven planning and implementation;
e) Maximize use of Private-Public sector partnership where possible;

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

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

h) Ensure restoration of peace and order and recovery of government functions.

ARTICLE XV
REMEDIAL MEASURES UNDER STATE OF CALAMITY

SECTION 55. Declaration of State of Calamity. - A state of calamity may be declared when
any of the following requisites are present:

a. Anatural hazard, including climate change, poses imminent threat to human
life and/or danger to property; or

b. A significant impact is caused by a natural hazard or climate change, which
demands immediate action.

The following shall exercise this power, respectively:

a. The President, upon recommendation of the SDR, whether in whole or part of
an area;


b. The SDR, upon recommendation of the RDRO, for disasters covering two or
more provinces of the same region; and

c. The local sanggunian, upon recommendation of the concerned local disaster
resilience office, within its jurisdiction.

SECTION 56. 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 at the national and local levels:

a) __ Imposition of price ceiling on basic necessities and prime commodities by the
Price Coordinating Council (PCC), 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 Coordination Council of
overpricing or profiteering and hoarding of prime commodities, medicines and
petroleum products;

©) Programming or 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;

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

e) Local tax exemptions, incentives or reliefs under such terms and conditions as
may be deemed necessary by the affected local government unit; and

f) Use of alternative modes of procurement under Article XVI of this Act, by the
Department, LGUs or the relevant government instrumentalities in relation to the
urgent procurement of emergency works, goods or services to effectively respond to,
quickly recover from disasters, and build forward better.

ARTICLE XVI
PROCUREMENT

SECTION 57. Procurement. - In general, the procurement rules provided under Republic Act
No. 9184, otherwise known as the “Government Procurement Reform Act”, shall apply.
However, alternative modes of procurement as provided in this Act may be resorted to by the
Department, RDROs, or LGUs in any of the following emergency situations:

a) There is imminent danger to life or property during a state of calamity, as
provided under this Act, and the procurement is necessary to avert or reduce such
danger to life or property; or


b) The procurement is necessary to restore vital public services, infrastructure
facilities and other public utilities; or

¢) Time is of the essence in implementing a project, program or activity to
effectively respond to a disaster and save lives; or

d) There are other circumstances that require immediate procurement necessary
to prevent damage to or loss of life or property.

SECTION 58, Alternative Modes of Procurement. - During emergency situations as provided
under this Act, the Department, RDROs or LGUs may resort to the following modes of
procurement:

a) Direct negotiation under Republic Act No. 9184, otherwise known as the
“Government Procurement Reform Act”, and its implementing rules and regulatior

b) Simplified or pre-arranged contracts such as, among others, pre-signed
agreements, stand-by contracts, pre-arranged systems of procurement with a pre-
approved list of contractors for construction projects, pre-negotiated contracts,
advanced procurements contracts, and framework contracts. The parameters,
requirements and conditions for these types of contracts shall be defined in this Act's
IRR.

SECTION 59. Special Rules on Procurement for Reconstruction and Rehabilitation of Affected
Areas. - (a) The Department, with the assistance of, or in collaboration with, relevant
government agencies, shall create special rules on procurement for services, goods, and
materials to be used for reconstruction and rehabilitation efforts in case of a natural disaster,
including but not limited to, the construction of post-disaster shelters and provision of service
contracts, to ensure the procurement of quality-oriented goods, materials, and equipment
and to guarantee effective, efficient, and speedy procurement to achieve the goals of this act.

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

SECTION 60. Procurement from Qualified Suppliers or Contractors. ~ As an exception to the
provisions of Republic Act No. 9184, otherwise known as the “Government Procurement
Reform Act”, and its implementing rules and regulations, the Department shall have the
power to procure goods and services from either local or foreign suppliers or contractors for
purposes of implementing programs, projects, and activities related to disaster resilience and
disaster management. The conditions, limitations, application processes, eligibility
requirements and assessment criteria for local and foreign suppliers and contractors shall be
provided in this Act’s IRR.

SECTION 61. Pre-Arranged Contracts or Agreements with Private Sector Entities. —
Notwithstanding Republic Act No. 9184, otherwise known as the “Government Procurement


Reform Act”, the Department shall have authority to enter into pre-arranged or contingency
contracts or agreements with private sector entities for the purpose of, among others,
establishing, a logistics system for the efficient and prompt distribution of goods, equipment
or other materials required for disaster response and management; securing food, medicines,
fuel, or other supplies from groceries, pharmacies, gas stations or other sources in the event
of a disaster in a specific area; ensuring an alternative source of power or water from private
utilities in the event of a disaster in a specific area; or other arranging the immediate supply
of other goods, services or equipment necessary for disaster response and management. The
conditions, limitations and parameters of contracts or arrangements authorized under this
Section shall be provided in this Act’s IRR.

SECTION 62. Other Procurement Rules and Policies, - In view of the urgency and avoid
unnecessary delays to procure goods, services, and implement projects for the purpose of
providing responsive, effective, and efficient rescue, recovery, relief, and rehabilitation
efforts for, and to continue the provision of basic services to, disaster victims or disaster
affected areas, the DBM and GPPB shall issue appropriate resolutions, orders, and policies to
effectively implement the provisions of this Act.

SECTION 63. Government Accounting and Auditing Policies. - The COA shall review, align,
and issue policies or rules to improve the efficiency and expediency of procurement and audit
processes for programs and projects related to disaster resilience and management.

ARTICLE XVII
SPECIAL RULES ON BORROWINGS AND TAXES

SECTION 66. Rules on Borrowing. - The LGUs shall access foreign financing, through the DOF,
Bangko Sentral ng Pilipinas (BSP), and other relevant agencies, as applicable, to implement
disaster prevention, mitigation, early recovery, and rehabilitation measures at the provincial,
city, or municipal level.

SECTION 67. Special Rules on Tax and Duties. - To facilitate prompt, efficient and effective
response to, recovery from disasters, and building forward better in disaster-affected areas,
the following shall be granted special exemptions from existing taxation laws, rules, and
regulations:

a. Exemption from taxes and import duties for foreign disaster assistance or
international donations coursed through the Department;

b. Exemption from donor’s tax and allowing the treatment of donations as a
deductible expense for local disaster assistance coursed through the Department;

c. Exemption from the Value Added Tax (VAT) for goods or services donated from
abroad as coursed through the Department;

d. Tax incentives to encourage members of the private sector to render aid or
provide disaster assistance, and/or to invest in disaster resilience and climate change
adaptation and mitigation measures for their residences, communities and/or
businesses.


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

SECTION 68. Custom Duties and Tariffs on Donations. - The BOC shall create rules that would,
among others, hasten the processing and release of donated goods and equipment to disaster
victims and/or affected areas.

SECTION 69. Economic Recovery and Development of Disaster-Prone Areas. - The
Department, in coordination with the Department of Trade and Industry (DT!) and other
relevant agencies, shall craft policies, and implement the necessary programs and projects to
stimulate economic activities and encourage investments to assist disaster-affected areas
develop or recover faster, as applicable.

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

ARTICLE XVIII
PROHIBITED ACTS AND PENALTIES

SECTION 70. Prohibited Acts. - Any public official, private person, group or corporation who
commits any of the following prohibited acts shall be held liable and be subjected to the
criminal and administrative penalties as provided for in Section 71 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 that leads to destruction, loss of lives, critical
damage of facilities and misuse of funds;

(2) Failure to enforce laws, standards, or regulations such as the National
Building Code, Solid Waste Management Act, Water Code, and other relevant
laws, leading to destruction, loss of lives, and/or critical damage of facilities;

(3) Fallure to create a functional LDR Office within six (6) months from the
approval of this Act;

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

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


b)

(6) Failure to formulate and implement the LDRP with the corresponding
budget allocation; and

(7) Sexual exploitation and abuse and other forms of sexual misconduct on
the affected population or at-risk communities.

Prohibited Acts of Public Officials and Private Persons or Institutions. —

(1) Delay, without justifiable cause in the delivery, proper handling or
storage of aid commodities, resulting to damage or spoilage;

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

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

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

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

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

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

(8) Diverting or 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 him or her;

(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, person, or persons; and


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

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

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

(13) Deliberate use of false at 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 processing 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
items or any part thereof;

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

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

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

SECTION 71. Penalties. - Any individual, corporation, partnership, association or other
Juridical entity that commits any of the prohibited acts in the preceding section shall be made
liable for the following:

(a) The penalty of 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 (Php1,000,000.00)
but not more than Three Million Pesos (Php3,000,000.00), or both imprisonment and
fine at the discretion of the court shall be imposed upon any person found guilty of
violating subsections (a)(1) to (b)(18) of the preceding section, 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) The penalty of 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 (Php
500,000.00) but not more than One Million Pesos (Php 1,000,000.00), 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)___ The penalty of 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 (Php 200,000.00)
but not more than Five Hundred Thousand Pesos (Php 500,000.00), 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 in the preceding section, in violation of subsection (b)(18) thereof;

(d) Aside from the penalty of fine or imprisonment or both, perpetual
disqualification from public office 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 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, he or she shall, in addition to the penalties prescribed in this act, be
deported without further proceedings after service of sentence;

(f) Payment of the full cost of repair or replacement of the government risk
reduction and preparedness equipment, accessories and other vital facility 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 Republic Act No. 3815, as
amended, otherwise known as the “Revised Penal Code”, and other existing laws, as
well as the imposition of applicable administrative or civil liabilities.

SECTION 72. Liability for Unlawful Performance of Duties and State Liability in case of
Defense Litigation. - In case a lawsuit is filed against any personnel of the Department as a
result of the performance of his or her duties, and such performance was found to be lawful,
he or she shall be reimbursed by the Department for reasonable costs of litigation. For this
purpose, the Department is authorized to procure applicable liability insurance for its officers
and employees.

SECTION 73. Disciplinary powers of the President. - The President, subject to the
recommendation of the Department Secretary and the Department of the Interior and Local
Government (DILG), shall have the power to impose administrative sanctions against local
chief executives and barangay officials for willful or negligent acts that relate to the
implementation of, or compliance with, this Act and its IRR or relating to their official
functions, which adversely affect disaster resilience projects such as, but not limited to,
delayed issuance of permits or failure to implement local ordinances.


ARTICLE XIX
DISASTER RESILIENCE FUND

SECTION 74, Appropriations and Management of Disaster Resilience Fund. - The budget of
the Department shall be composed of the following, which shall be collectively called the
Disaster Resilience Fund:

a. Annual General Appropriations ~ shall provide the funding requirements for,
among others, research, operations, maintenance, plans, and programs of the
Department of Disaster Resilience, including, but not limited to, establishment of
evacuation centers, retrofitting of structures, establishment of emergency operating
centers, and implementation of other disaster risk reduction projects.

b. _ Disaster Contingency Fund — shall be in a lump-sum form to provide funds in
case of imminent hazards or actual disasters for, among others, immediate response,
relief and quick recovery measures for disaster affected areas.

c. __ Rehabilitation and Recovery Fund — shall provide the funding requirements for
rehabilitation and/or reconstruction projects of disaster affected areas such as public
classrooms, government buildings, public hospitals, permanent shelters and livelihood
programs.

The Disaster Resilience Fund shall be managed by the Department to finance its operations,
and disaster risk reduction, disaster preparedness, response, recovery, rehabilitation and
building forward better programs, projects and activities formulated at the national level.

SECTION 75. Continuing Appropriations. - The unutilized balances from the Disaster
Contingency Fund, and Rehabilitation and Recovery Fund shall be treated as Continuing
Appropriations, which may be used to finance the cost of projects, programs, and/or activities
even when such costs are incurred beyond the fiscal year of the GAA from which such funds
were appropriated.

SECTION 76. Fund Regulations. - The DBM and COA shall establish rules and regulations that
apply specifically to the Disaster Resilience Fund to ensure that funds required for disaster
response, recovery, and rehabilitation are available and/or released efficiently and
expeditiously through innovative budgeting and auditing mechanisms, which may include,
among others, providing for longer validity periods for funds and/or exemption from cash-
based budgeting rules; imposing auditing or reporting requirements, which apply specifically
to the utilization of the Disaster Resilience Fund.

SECTION 77. Local Disaster Resilience Fund and Local Disaster Contingency Fund. - LGUs
shall annually set aside not less than ten percent (10%) of their local budget, to constitute a
Local Disaster Resilience Fund (LDRF). The LGU shall use its LDRF to maintain and operate its
local disaster resilience office to maintain its officers, employees and staff, and to implement


plans, programs and activities under its LDRP. Thirty percent (30%) of the LDRF shall be set
aside as Local Disaster Contingency Fund (LOCF), which shall be used for disaster response
and quick recovery measures. Nothing contained in this Act shall prevent LGUs from
providing additional funding or allocating additional resources for disaster resilience
activities, plans and programs within their jurisdiction.

SECTION 78. Supplemental LDRF. - The Department may allocate and disburse funds to
supplement an LGU’s LORF based on the parameters and requirements indicated in the IRR.
In determining such parameters and requirements, the IRR shall aim to provide supplemental
funds to LGUs with low income and/or high exposure to natural hazards. Supplemental LDRFs
shall, as much as possible, fill gaps or shortages in LGU resources to ensure that LGUs can
implement disaster resilience measures such as, among others, implementing their
LDRP/Provincial LORP, establishing their local disaster resilience offices, obtaining and/or
maintaining the necessary equipment and staff in their local disaster resilience offices, and
implementing the NDRF and NORPIP at the local levels.

SECTION 79. People’s Survival Fund. - The Department shall manage and administer the
People’s Survival Fund, created under Republic Act no. 10174, and facilitate its utilization by
LGUs, through RDROs, to implement climate change adaptation and mitigation projects of
LGUs and enhance the climate resilience of vulnerable communiti

SECTION 80. Multi-Donor Trust Fund. - The Department shall create and manage, together
with the Bureau of Treasury, a Multi-Donor Trust Fund for the processing, releasing and
accounting of money and other similar resources intended for disaster assistance. The
Department shall establish a system to ensure transparency in the management and use of
the Multi-Donor Trust Fund.

SECTION 81. Financial Administration. - The Department shall manage all funds appropriated
to it by Congress and received from other sources. The Department shall also manage all
donations received by it, subject to the auditing powers of the COA.

To fund its operations, the Department shall have the power to collect fees derived from the
DRRTI and other related activities.

ARTICLE XX
‘SPECIAL COURTS AND INJUNCTIONS

SECTION 84. Special Courts on Disaster Resilience Matters. - To ensure the prompt and
expeditious resolution of disputes relating to disaster response, recovery or rehabilitation
measures, the Supreme Court shall designate special courts to hear, try, and decide cases
arising from the following, among others:

(a) Expropriation, eminent domain or right-of-way issues related to the
implementation of disaster resilience projects;


(b) Failure to comply with standards for disaster risk reduction and

continuity planning, including, but not limited to, infrastructure standards and
designs;

{c) Commission of prohibited acts under Article XVIII of this Act; and

(d) Disputes involving donations, relief goods, or contracts executed or
implemented pursuant to the provisions of this Act.

SECTION 85. Dispute Resolution Mechanisms. - The Department shall establish a Disaster
Resolution Board, which shall resolve disputes involving administrative matters related to:

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

{b) Decisions of the RDROs;

(c) Contracts entered into by the Department or any of its agents pursuant to the
Provisions of this Act; and

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

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

SECTION 86. Imposition of Temporary Restraining Order. - No Court, except the Supreme
Court, shall have the power to issue an injunction or a temporary restraining order against
any action taken or projects implemented by the Department or its agents pursuant to this
Act.

ARTICLE XI

FINAL PROVISIONS

SECTION 87. Transfer of Functions. - The following are hereby transferred to the Department:
a, __Allthe functions of the Climate Change Commission (CCC);

b. _Natural disaster-related functions of the National Disaster Risk Reduction and
Management Council (NDRRMC) and the Office of Civil Defense (OCD); and

iS Natural disaster-response functions of the Department of Social Welfare and
Development (DSWD).

Accordingly, the CCC and NDRRMC are hereby abolished.


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

SECTION 88. Transfer of Resources. - The transfer of powers and functions listed above shall
include the corresponding funds and appropriations, plantilla positions, data, records,
equipment, facilities, properties and other resources of the concerned government
instrumentalities. The Department shall have the power to reorganize or reallocate these
resources and positions, as may be necessary to attain the goals and objectives of this Act.

SECTION 89. Program Management Office for the Earthquake Resiliency of the Greater
Metro Manila Area. - The Program Management Office for the Earthquake Resiliency of the
Greater Metro Manila Area (PMO-ERG), as created pursuant to and mandated by Executive
Order no. 52, s. 2018, shall be attached to the Department and be authorized to implement
earthquake resiliency programs, projects, and activities, as it may deem necessary to carry
out its mandate and attain its overall goals. The Head of the PMO-ERG shall report directly to
the SDR.

SECTION 90. Post-Disaster Shelters. - The Department shall establish a post-disaster shelter
recovery policy framework for low-income/informal settler families, with the assistance of
the appropriate housing agencies and the applicable LGUs. It shall determine, among others,
the appropriate shelter modalities depending on the following phases: emergency, temporary
or transitional, and permanent. The Department shall likewise identify, assess, and decide on
safe zones for the implementation of recovery or rehabilitation projects.

SECTION 91. Cultural Heritage. - To protect, preserve, and promote the nation's historical
and cultural heritage, the Department shall assist the relevant cultural and heritage agencies
and the appropriate LGUs to give priority protection and restoration to all national cultural
treasures or national historical landmarks, sites, or monuments in post-disaster recovery or
rehabilitation measures.

SECTION 92. indigenous People. - The Department, with the assistance of the National
Commission on Indigenous Peoples (NCIP) and the applicable LGUs, shall devise and
implement mechanisms that foster social protection for indigenous communities that are
vulnerable to the effects of natural disasters.

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

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


SECTION 93. Incentives Program. - The Department shall establish an incentives program that
recognizes the outstanding promotion and implementation by local disaster resilience offices,
CSOs, academe, and other institutions of disaster resilience programs and/or projects, and
the meritorious acts of individuals or entities during natural disasters.

SECTION 94, Structural Audit of Government Buildings and Critical infrastructure. - The
Department shall be assisted by the DPWH, DOTr, Department of Energy (DOE), DOH, DepEd,
DICT, DILG, local building officials, and other relevant government instrumentalities and
stakeholders, in ensuring the effective and expeditious conduct of structural audit, as often
as necessary, on government buildings, critical infrastructure, and private structures to attain
the disaster risk reduction goals of this Act.

SECTION 95. Transitory Provision. The functions, assets, funds, equipment, properties,
transactions, and personnel of the affected and transferred agencies, and the formulation of
the internal organic structure, staffing pattern, operating system, and revised budget of the
Department, shall be completed within one (1) year from the effectivity of this Act, during
which time the existing personnel shall continue to assume their posts on holdover capacity.
The Department, in collaboration with the DBM, shall come up with its Organizational
Structure and Staffing Pattern, both of which shall be approved within thirty (30) days from
the effectivity of this Act.

The Secretary of National Defense shall serve as the interim SDR until such time that the SDR
has been appointed and taken his/her oath of office. Upon assumption to duty, the SDR shall
make use of the existing structure, systems, and personnel in responding to natural hazards
and disasters within the transition period.

In accordance with Section 12 of this Act and the critical importance of attracting the most
competent and dedicated personnel to the Department, suitable and qualified career
personnel from the NDRRMC-OCD, DSWD, and the CCC, as defined by the CSC and other
pertinent rules, may be absorbed by the Department. The system and mechanics for this shall
be defined in the IRR of this Act.

SECTION 96, Magna Carta Benefits. - Qualified employees of the Department, including
those of its attached agencies, shall be covered by and entitled to the benefits under Republic
Act No. 8439, otherwise known as the Magna Carta for Scientists, Engineers, Researchers and
other S & T Personnel in the Government, and Republic Act No. 7305, otherwise known as the
Magna Carta of Public Health Workers.

SECTION 97. Hazard Pay. All personnel of the Department and the local disaster resilience
offices are entitled to receive hazard pay, subject to the guidelines to be set forth in the IRR
of this Act.

SECTION 98. Separation Benefits of Officials and Employees of Affected Agencies. - National
government employees displaced or separated from service as a result of this Act shall be
entitled to either separation pay and other benefits in accordance with existing laws, rules,
or regulations, or be entitled to avail themselves of the privileges provided undera separation
plan that shall be one and one-half month salary for every year of service in the government.


In no case shall there be any diminution of benefits under the separation plan until the full
implementation of this Act. With respect to employees who are not retained by the
Department, the government, through the Department of Labor and Employment, shall
endeavor to implement training, job counseling, and job placement programs.

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

SECTION 100. Implementing Rules and Regulations. - The Department, DBM, DND, DOF,
DILG, DOST, NEDA, and the PMS shall collectively craft and Issue, within ninety (90) days from
the effectivity of this Act, the Implementing Rules and Regulations (IRR) for the effective
implementation of this Act. They may call upon other relevant government instrumentalities
and stakeholders to assist in the crafting of the IRR.

SECTION 101. Joint Congressional Oversight Committee on Disaster Resilience. ~ There shall
be created a Joint Congressional Oversight Committee on Disaster Resilience to monitor the
implementation of this Act. The committee shall be composed of six (6) Members of the
House of Representatives and six (6) Senators to be designated by the Speaker of the House
of Representatives and the President of the Senate, respectively; Provided, That, two (2)
Members of the House of Representatives and two (2) Senators shall come from the Minority
of their respective houses of Congress. The committee shall be jointly chaired by a Member
of the House of Representatives and a Senator designated by the Speaker of the House of
Representatives and the President of the Senate, respectively.

SECTION 102. Mandatory Review. — Within five (5) years after the effectivity of this Act, or as
the need arises, the Joint Congressional Oversight Committee on Disaster Resilience shall
conduct systematic evaluation of the accomplishments and impact of this Act, as well as the
performance of the Department of its mandate and functions, for purposes of determining
remedial legislation.

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

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

SECTION 105. Repealing Clause. - The provisions of Republic Act no. 10121, Republic Act no.
7160, Republic Act no. 7916, Republic Act no. 9184, and all other laws, decrees, executive
orders, proclamations and other executive issuances, which are not consistent with or
contrary to the provisions of this Act, are hereby repealed or amended.


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

Approved,