Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

al

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO._7142
#

Introduced by Rep. Anna York P. Bondoc

EXPLANATORY NOTE

The geographic location of the Philippines makes it exposed to a plethora of hazards,
including recurrent typhoons, 24 active volcanoes, 27 potentially active volcanoes and numerous
active faults and trenches capable of producing large magnitude earthquakes that can result in
disasters and disrupt life in communities. Of the 24 active volcanoes, only (ten) 10 are currently
being monitored. And out of the (ten) 10 monitored volcanoes, only (two) 2 are instrumented
with all required station types.

On the other hand, at least 60% of the country’s total land area is exposed to multiple
hazards, and 74% of the population is susceptible to their impact. 66 out of 81 provinces in the
Philippines are coastal, and are therefore, exposed to tsunami threats. The total coastal
population in the Philippines based on the 2015 PSA data is 64.7 million, or almost 61.6 % of the
total population.

Although the Philippines has made progress in collecting comprehensive and updated
risk information using different technological tools including GIS, Light Detection and Ranging
(LiDAR), there is a need to further enhance the capabilities of the Philippine Institute of
Volcanology and Seismology (PHIVOLCS) of the Department of Science and Technology
(DOST) to mitigate disasters that may arise from volcanic eruptions, earthquakes, tsunami and
other related geotectonic phenomena.

This measure seeks, among others, to modernize the Institute, by augmenting its present
volcano and seismic monitoring network, and updating its human resource requirements to better
provide timely and quality information and services for warning, disaster preparedness, and
mitigation.

This Representation, and our district, the 4*" District Pampanga, along with other affected
provinces of Central Luzon, have first-hand experience of the devastation caused by the eruption
of the Mt. Pinatubo volcano in 1991 and the calamitous flooding in its aftermath. It took us
decades to fully recover from the magnitude of the havoc wreaked by the volcanic eruption.

It is hoped that with the modernization of PHILVOLCS and its capabilities, we can have
better services for warning, preparedness, and mitigation, for disasters like the Mt. Pinatubo

volcano eruption.

Rep. Anng York P. Bondoc
4" District Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

NINETEENTH CONGRESS
First Regular Session
_. Hose BILL NO,_7142

Introduced by Rep. Anna York P. Bondoc

AN ACT
PROVIDING FOR THE MODERNIZATION OF THE PHILIPPINE INSTITUTE OF
VOLCANOLOGY AND SEISMOLOGY (PHIVOLCS), PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be the *PHIVOLCS Modernization Act.”

SEC. 2. Declaration of Policy. — \t has been the policy of the State to utilize scientific and
technical knowledge and information as an effective instrument to ensure the safety, well-being
and economic security of the people; to safeguard the environment; and to promote national
progress and sustainable socioeconomic development through various applications of geology,
geophysics, geodetic engineering and allied sciences. The State also recognizes the need to
strengthen the capability of government personnel tasked to monitor volcanic and seismological
activities and other related services and information to the public. Towards this end, the State
shall undertake the modernization of the Philippine Institute of Volcanology and Seismology
(PHIVOLCS) to improve its technological operational capacity, strengthen its role as the premier
national volcano and earthquake monitoring agency and to attain its vision as a center of
excellence for related information services.

SEC. 3. Objectives. — Pursuant to the foregoing policy, the PHIVOLCS Modernization Program
shall be implemented in accordance with the following objectives:

(a) To upgrade physical resources and operational techniques through acquisition and
development of state-of-the-art instruments, equipment, facilities and systems to enhance
current capabilities in providing useful, timely, accurate and reliable volcanic and
seismological data and localized warning and information services for use in decision-
making in disaster preparedness, climate change adaptation, water resources management,
agriculture, transportation, health, tourism and other sectors;

(b) To enhance research and development capabilities by adopting a rationalized and integrated
approach with focus on the improvement of basic operations and specialized services;

(c) To integrate disaster risk reduction and management in the sustainable socioeconomic
development planning at the national and local levels in coordination with appropriate
government agencies and other entities;

(4) To strengthen linkages and cooperation at the national level among the various providers and
users of geological, seismological and other services as well as to provide for the appropriate
mechanisms for this purpose;


(¢) To establish and enhance volcanic and seismological activity monitoring service centers in
strategic areas in the country to broaden the agency base for the delivery of service in the
countryside;

(f) To strengthen a technology-based data center consistent with international standards to make
information available to those involved, whether from the government or private sector in
Disaster Risk Reduction and Management Plans, among others;

(g) To enhance public information, education and advocacy on geological activities, as well as
their impacts, risks and vulnerability;

(h) To facilitate the appropriate appreciation and delivery of information, products and services
to decision makers, media, other users and the general public, and

(i) To provide a more competitive base pay and other benefits for its personnel in order to
promote professionalism and commitment to the service.

SEC. 4. Definition of Terms. — the following terms are defined as follows:

(1) Seismology — the scientific study of the sudden, violent movements of the earth
connected with earthquakes

(2) Tsunami - a series of large waves of extremely long wavelength and period usually
generated by a violent, impulsive undersea disturbance or activity near the coast or in the
ocean,

(3) Volcanology ~ is the study of volcanoes, lava, magma, ash or tephra fall and related
geological, geophysical and geochemical phenomena.

SEC. 5. Mandate. — The PHIVOLCS is mandated to:

a. Predict the occurrence of volcanic eruptions and earthquakes, and their related
geotectonic phenomena,

b. Determine how volcanic eruptions and earthquakes shall occur and areas likely to be
affected,

c. Mitigate hazards of volcanic activities through appropriate detection, forecast and
warning system,

d. Provide appropriate volcano, earthquake and tsunami products and services for
disaster preparedness,

PHIVOLCS shall provide timely, quality and socially-inclusive information and services for
warning, disaster preparedness and mitigation.

SEC. 6. Organizational Structure. The PHIVOLCS shall be an attached agency of the
Department of Science and Technology (DOST) for purposes of policy and program
coordination, to ensure alignment in national science and technology policies and priorities.

It shall be headed by an Executive Director V with the rank and compensation of a Department
Undersecretary who shall be appointed by the President upon recommendation by the Secretary
of the DOST.

The Executive Director V shall be assisted by three (3) Deputy Executive Director V for
Operations Services; Research and Development and S&T Services; and Administration,


Finance and General Services, all with the rank and compensation of a Department Assistant
Secretary to be appointed by the President.

SEC. 7. Qualifications. — No person shall be appointed as Executive Director V unless that
person is a natural-born citizen and a resident of the Philippines, of good moral character, has an
advanced degree in geology, geodetic engineering, volcanology, physics, and other related fields
and with at least five (5) years of competence and expertise in volcanology, geophysics, and or
allied sciences. Provided, That the Executive Director V and the three (3) Deputy Executive
Director V shall be career executive officers

SEC. 8. Components of Modernization. ~ The PHIVOLCS modernization shall have the
following components:

(a) Upgrading and Maintenance of Physical Resources and Operational Techniques. — This
shall entail the acquisition and/or upgrade of state-of-the-art instruments, equipment,
facilities, systems, and operational techniques, with emphasis on volcano, earthquake and
tsunami monitoring and warning system: Provided, that prior to such acquisition and/or
upgrade, an inventory of existing government and private, volcanic and seismological
instruments nationwide shall be undertaken: Provided, further, that the acquisition of new
instruments, equipment and systems shall be harmonized with the phase-out of
uneconomical and obsolete instruments, equipment and systems in the PHIVOLCS
inventory;

(b) Sustained development of Volcano Monitoring network infrastructure for all active
volcanoes of the Philippines that will ensure early-warning of volcanic activity even at
volcanoes of long dormancy.

(c) Sustainable development of continually evolving technologies for eruption early-warning
will help the national government keep abreast with the latest in S&T while maximizing
its investment in public safety amidst technology shifts and changes. From state-of-the-
art systems to customized off-the-shelf instruments interfaced by the Internet-of-Things,
such technologies provide quality scientific data while instilling a culture of dynamic
technical learning, vital to long-term organizational growth and performance.

(d) Earthquake Monitoring and Information System Development. Establish, operate and
maintain an advanced infrastructure for earthquake and tsunami monitoring throughout
the Philippines that operates with high performance standards, gathers critical technical
data, and effectively provides information products and services to meet the needs of the
Philippine government and the public

(e) Reliable Monitoring. Continuously monitor earthquakes and other seismic
disturbances throughout the Philippines, including earthquakes that may cause a
tsunami or precede a volcanic eruption, with special focus on regions of moderate
to high hazard and risk.

(f) Long-term Protection/ Conservation of Built Environment. Thoroughly measure
strong earthquake shaking at ground sites and in buildings and critical structures. Focus
should be in urban areas and near major active fault zones to gather greatly needed data
and information for reducing earthquake impacts on buildings and structures.

(g) Development of Forecasting Capability for Impending Large Earthquakes/ Tsunami
Events, Develop machine learned capability to determine earthquake parameters and the
resulting information will automatically be broadcast to mobile phones and social media
accounts whenever a significant earthquake occurs, for immediate assessment of impacts.
In areas feasible, for sites at a distance from the epicenter, an early warning will be


broadcasted seconds before strong shaking arrives. Provide similar capabilities for
automated warning and alert for tsunamis.

(h) Establishment of permanent PHIVOLCS building including land acquisition to house the
Data Receiving/ Operation Centers for real-time volcano, earthquake and tsunami
monitoring. This shall ensure stability and protection of government investments on
scientific, technical equipment and research laboratories.

(

Enhancement of Research and Development Capability. — This shall involve the
enhancement of research and development capability through a more rationalized and
totally integrated approach with established earthquake and volcano research laboratories,
focusing on improvement of operations, as well as the strengthening of specialized
services with cost recovery measures;

(j) Enhancement of Public Information and Linkages with Local Government Units (LGUs)
and other stakeholders. -This shall include continuous sharing of information to LGUs
and other stakeholders that help in the disaster planning, preparation, disaster mitigation,
among others;

(k) Enhancement of Volcanic and Earthquake Data and Information Dissemination Services.
~ This shall involve the development and use of communication strategy for ensuring the
use of plain and local language, nontechnical terms and familiar graphical presentations,
in combination with science-based information that will ensure the delivery of accurate,
up-to-date and timely earthquake, tsunami, and volcano-related information to create
greater public awareness and draw appropriate response for disaster risk reduction:
Provided, that PHIVOLCS shall partner with the Komisyon sa Wikang Filipino (KWF),
various Sentro ng Wika at Kultura, Philippine Commission on Women, and other rights-
based organizations for the development or enhancement of socially-inclusive products.
PHIVOLCS shall collaborate with both public and private organizations to effectively
disseminate data and products.

(

Strengthening of the Human Resource Development Program (HRDP). - The HRDP of
PHIVOLCS will continue to be aligned with the strategic goals of the Institute. This shall
ensure that personnel are provided equal opportunities for self-improvement to be
competent, motivated to work and rewarded.

Complementation and capacity-building of a wide-range of experts in volcanology and
seismology and to efficiently develop, operate and maintain advanced monitoring
systems and distill accurate volcano, earthquake and tsunami information for public
guidance. Support to continued professional learning will further ensure skills
development and motivation that will translate to better S&T services.

SEC. 9. Collaboration or linkages with Local Government Units (LGUs). With this
institutional modernization of PHIVOLCS, the roles of the local government will also be
enhanced to cover the following areas:

(a) Public Intermediary. The local government, together with national & local news media
and the emergency management community, shall frequently act as intermediaries
between PHIVOLCS and its complex target audience including the general public,
institutional decision makers, and emergency responders, especially in crafting plans
attuned to the local needs of its constituents to increase public resilience to earthquakes,
tsunami and volcanic eruptions, to reduce or eliminate long-term risk to human life and
property and shorten recovery periods based on risk assessments.


(b) Information Dissemination. It is critically important for PHIVOLCS to work closely with
the national and local disaster agencies to craft appropriate information messages, to
regularly test and evaluate their dissemination communication channels, and to identify
gaps and dissemination problems, so that the tsunami messages reach the intended users
when an event occurs.

(c) Awareness and Promotion. Outreach and communication with the public is crucial to
their understanding and awareness of the nature of the geotectonic hazards, the risks to
personal safety and property, and the steps to reduce those risks including the deployment
of sustainable, reliable and effective monitoring and warning systems. With this, the local
government is expected to promote in local and international recognition programs, its
own interfaces with the enhanced PHIVOLCS system with its increased coverage and
explore avenues to enjoy its full benefits

(@) Technical Review. The local government shall contribute in the review of local research,
exchange information and coordinate local projects during regular local meetings to
ensure readiness to disasters, that appropriate guidelines are consistently crafted and that
local support infrastructure to the enhanced systems are funded;

SEC. 10. Components of the HRDP. — This component shall include the following:

(a) New Salary Scale for PHIVOLCS Personnel. ~ The Department of Budget and
Management (DBM) shall develop a new salary scale for PHIVOLCS personnel in
consonance with Republic Act No. 8439, as amended otherwise known as the “Magna
Carta for Scientists, Engineers, Researchers and other Science and Technology Personnel
in Government” with a corresponding increase in the base pay, allowances and other
benefits;

(b) PHIVOLCS Personnel Retention Incentive. — An additional incentive to be known as the
“Personnel Retention Incentive” shall be provided to qualified PHIVOLCS personnel, to
be determined by PHIVOLCS in consultation with DBM in an amount not exceeding
twenty percent (20%) of the monthly basic salary subject to the implementing rules and
regulations (IRR) which shall be hereinafter formulated; and

(©) Scholarship Program. — Not later than three (3) years from the enactment of this Act,
scholarships shall be provided for undergraduate and graduate studies in volcano-
and seismology-related fields as well as for specialized training programs, in coordination
with the DOST, Commission on Higher Education (CHED) and Higher Education
Institutions (HEIs). Cooperation on human resources upgrading and capability
enhancement with regional and international organizations shall also be undertaken

(d) Development of Regional and International Cooperation Program. — This shall entail the
development of appropriate collaborative arrangements with relevant regional and
international bodies and government institutions to complement the national effort for
modernization.

SEC. 11. Disaster Preparedness, Public Information and Dissemination Services — The
institutional modernization of PHIVOLCS shall enhance public information, education and
advocacy on earthquake, tsunami and volcano hazards and risks. To facilitate the appropriate
appreciation and delivery of science-based information to target stakeholders for proper response
actions before and during the occurrence of these hazards, there shall be provision for:

(a) Fully-equipped and well-staffed learning / training center that will serve as a platform for


planning, implementing, monitoring, and evaluating capacity development programs for
various stakeholders regarding mitigation and preparedness for volcanic eruptions,
earthquakes, and tsunami-related hazards.

(b) A knowledge management system (composed of people, process, infrastructure, and
strategy) that will ensure that researches are attuned to the public’s needs and that
research and development outputs are translated into culturally-relevant, gender-
responsive, and disability-inclusive capacity development programs, and warning and
risk information products and services for key stakeholders and the public.

(c) A multi-channel and multi-directional communication strategy and standardized

procedures that shall ensure access to and effective dissemination of useful information
on volcano, earthquake and tsunami disaster preparedness, risk reduction, and emergency
response to intended stakeholders and the public.

SEC. 12. Formulation and Submission of the PHIVOLCS Modernization Program. — The
Executive Director of the PHIVOLCS in coordination with the Secretary of the DBM and the
Director-General of the National Economic and Development Authority (NEDA), shall
formulate the PHIVOLCS Modernization Program and oversee its implementation based on the
policy objectives provided in this Act.

The PHIVOLCS Modernization Program shall indicate among others:

(a) PHIVOLCS requirements in terms of personnel, equipment and facilities during the
various stages of modernization;

(b) The modernization projects, which shall indicate the equipment and technology
acquisitions, including major construction or upgrade of facility and the particular
objective and component to which such intended acquisition, construction and upgrading
belongs to; and

(c) The priorities, schedules and estimated cost of each modernization project.

‘The PHIVOLCS Modernization Fund shall be administered by the Executive Director of the
PHIVOLCS in accordance with existing government budgeting, accounting and auditing rules
and regulations.

SEC. 13. Period of Implementation. The modernization program under this Act shall be
implemented for an initial period of three (3) years: Provided, that payments for multi-year
contract obligations incurred under this Act may extend beyond this period. Provided, further,
that PHIVOLCS shall continue to modernize and constantly update its operational capabilities to
keep pace with best international practices.

SEC. 14. PHIVOLCS Modernization Fund, ~ There is hereby created the PHIVOLCS
Modernization Fund to be used exclusively for the PHIVOLCS Modernization Program, which
shall be sourced from the following:

(a) The amount of five billion pesos (P5,000,000,000.00) to be taken from the share of the
National Government in the gross income of the Bases Conversion and Development
Authority (BCDA). For two (2) years after the effectivity of this Act, an amount of two
billion five hundred million pesos (P2,500,000,000.00) per year shall be released to the
PHIVOLCS. The entire amount of five billion pesos (P5,000,000,000.00), including any
interest income thereon, shall be used exclusively for capital outlay.


(b) Loans, grants, bequests, and donations whether from local or foreign sources. The Secretary
of the DOST with the approval of the NEDA and subsequently the Department of Finance
(DOF) is hereby granted the authority to enter into loan agreements with foreign financial
institutions.

‘The PHIVOLCS Modernization Fund shall be administered by the Executive Director of the
PHIVOLCS in accordance with existing government budgeting, accounting and auditing rules
and regulations.

SEC. 15. Annual Report. ~ The Executive Director of the PHIVOLCS shall prepare an annual
report on the status of the implementation of the PHIVOLCS Modernization Program which
shall be submitted through the DOST Secretary, to the President and to the Chairpersons of the
Committee on Science and Technology of the Senate and the House of Representatives not later
than June 30 of the succeeding year.

SEC. 16. Tax Exemptions. - Donations, grants, gifts, endowments, legacies, and contributions
used actually, directly and exclusively for the purpose for PHIVOLCS shall be exempt from
donor’s tax and the same shall be considered as allowable deduction from gross income for
purposes of computing the taxable income of the donor, in accordance with Sec. 34 (H)(2)(a) of
the National Internal Revenue Code of 1997, as amended. Likewise, such other transfers of
ownership and/or possession of real or personal properties of all kinds shall be exempt from all
taxes.

SEC. 17. Procurement of Scientific and Technical Materials, Equipment, and Services. - The
PHIVOLCS shall undertake the procurement of scientific and technical materials, equipment,
and services in its operation and administration, in the most expeditious manner, and adopt the
‘most suitable or appropriate method of procurement that it deems fit based on its identified needs
and requirements depending on the existing conditions and requirements that justify the use of a
particular alternative modality provided for by Republic Act No. 9184, otherwise known as the
“Government Procurement Reform Act" and its Implementing Rules and Regulations (IRR).

Sec. 18. Exemption from Import Duties, Taxes and Restrictions - Importation and
consignments of equipment shall benefit from:

(a) Exemption from all duties and taxes;

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

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

(d) Immediate release of urgent, necessary monitoring equipment when there is an ongoing
volcanic eruption.

See. 19. Land Area, - A land area equivalent to at least ten (10) hectares out of the vast land
which are under the administration of BCDA within the Clark Special Economic Zone in
Pampanga and Tarlac, shall be allocated for free exclusively for the PHIVOLCS office and its
stations.

Sec. 20. Simplification of Documentation Requirements -

(a) Consignments of equipment sent by international collaborative research partners shall
be cleared or released on the basis of a simplified equipment declaration providing the minimum


information necessary for the Bureau of Customs to identify the equipment and object, when
deemed necessary, to completion of a more complete declaration within a specified period.

(b) The requirements for the declaration for all imports of equipment by or on behalf of
international collaborative research partners and any supporting documents relating to it, release
and clearance shall be simplified and lodged without fee.

SEC. 21. Appropriations. — The amount necessary to carry out the implementation of this Act
shall be initially charged against the current fiscal year appropriations of the DOST —
PHIVOLCS. Thereafter, the amount needed for the continued implementation of the
modernization program, shall be included in the annual General Appropriations Act.

SEC, 22. Implementing Rules and Regulations (IRR) ~ Within ninety (90) days from the
effectivity of this Act, the PHIVOLCS shall issue the IRR for the effective implementation of
this Act in consultation with relevant stakeholders.

SEC. 23. Separability Clause. — If any provision or part of this Act is declared invalid or
unconstitutional, the other provisions hereof which are not affected thereby shall continue to be
in full force and effect.

SEC, 24. Repealing Clause. — All laws, orders, proclamations, rules and regulations or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 25. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in
one (1) national newspaper of general circulation.

Approved.

References:

© Philippine Institute of Volcanology Website, accessed 8 January 2023
<https://www.PHIVOLCS dost. gov.ph/index.php/about-us/about-PHIVOLCS>.

Republic of the Philippines, Official Gazette Website, accessed 8 January 2023
<https://www official gazette. gov. ph/2015/11/03/republic-act-no-10692/>.

House of Representatives of the Philippines website, accessed 13 January 2023
<https://hrep-website.s3.ap-southeast-
1.amazonaws.com/legisdocs/third_19/HBT6452.pdf>.

‘© House of Representatives of the Philippines website, 17th Congress, accessed 20 January
2023 <https://www. congress. gov.ph/legisdocs/?v=billsresults# 17

Cambridge Dictionary Website, accessed 19 January 2023,
‘<https://dictionary.cambridge.org/us/dictionary/english/seismology>.

International Tsunami Information Center Website, accessed 19 January 2023,
<http://itic.ioc-unesco.org/index. php?option=com_content&view=article&id=1 162:what-
is-a-tsunami&catid=1340&Itemid=2056>