Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

House Bill No. 195

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

EXPLANATORY NOTE

‘This bill seeks to create the Department of Disaster Resilience which shall be
the primary agency responsible for leading, organizing, and managing the national
effort to reduce disaster risk, prepare for and respond to disasters, recover and
rehabilitate, and follow the “Build Forward Better” principle after the occurrence of
disasters. It shall oversee and coordinate the preparation, implementation,
monitoring and evaluation of disaster and climate change resilience plans, programs,
projects and activities; provide leadership in the continuous development of strategic
and systematic approaches to disaster prevention, mitigation, preparedness,
response, recovery and rehabilitation to anticipatory adaptation strategies,
measures, techniques and options. It shall, likewise, augment the capacity of the
local government units, in collaboration with relevant national government agencies
and stakeholders to implement disaster risk reduction and management and climate
change action plans, programs, projects and activities.

‘This bill also provides for the creation of the National Disaster Resilience
Council, which will serve as the policy advisory body to the Department of Disaster
Resilience on disaster risk and vulnerability reduction, emergency management, and
climate change adaptation, following a whole-of-nation approach. Furthermore, it
establishes the following: (a) a Multi-Stakeholders Convergence Unit which shall
align the disaster resilience efforts of the private sector, civil society organizations,
academe, and other stakeholders with the Department of Disaster Resilience by
assisting, coordinating, and providing services that strengthen public-private
cooperation and coordination in disaster resilience; (b) the Climate and Disaster
Research, Education, and Training Institute, in collaboration with higher education
institutions, both private and state universities and colleges in the field of disaster
risk and vulnerability reduction and management and climate change adaptation;
and (c) the National and Regional Information Management System for Climate and
Disaster Resilience which shall constitute a physical central database of all disaster
risk reduction and climate change data, including a geographic information system
on geo-hazard assessments and climate risk and shall be the repository of current
and multi-temporal information for wide-scale disaster risk analysis and climate
change vulnerability assessment.


Other key provisions of the bill include the (a) creation of Prevention,
Mitigation, and Preparedness Fund, which shall be exclusively used to support
programs, projects and activities for climate change adaptation, disaster risk
prevention and mitigation, disaster risk transfer, and disaster preparedness of 3"! to
6% class provinces and municipalities; (b) institutionalizing a one-stop shop
mechanism through the Philippine Humanitarian Assistance Reception Action
Center for the processing and release of goods, articles or equipment, and services of
international relief worker for the provision of international humanitarian assistance,
as well as processing of necessary documents for assisting international actors; (c)
establish an incentive program that recognizes outstanding performance of Local
Disaster Resilience Councils, nongovernmental organizations, civil society
organizations, the private sector, the academe, and other stakeholders in promoting
and implementing significant disaster risk and vulnerability reduction management
and climate change adaptation programs and innovation; and (d) attaching the
Philippine Atmospheric, Geophysical and Astronomical Services Administration and
the Philippine Institute of Volcanology and Seismology, at the same time, transferring
the applicable powers, functions, funds and appropriations of the Office of Civil
Defense, Climate Change Office of the Climate Change Commission, Geo-Hazard
Assessment and Engineering Geology Section of the Mines and Geosciences Bureau
of the DENR, Health Emergency Management Bureau of the DOH, Disaster Response
Assistance and Management Bureau of the DSWD, and the Bureau of Fire Protection
to the Department of Disaster Resilience.

‘The creation of the Department of Disaster Resilience upholds our country’s
commitment to integrate and accelerate the implementation of the principles and
concepts of climate change, disaster risk and vulnerability reduction contained in
the Paris Agreement of the United Nations Framework Convention on Climate
Change, the Sendai Framework for Disaster Risk Reduction 2015-2030, the 2015
Asia-Pacific Economic Cooperation Disaster Risk Reduction Framework, the 2030
Agenda for Sustainable Development Goals, and the Philippine Development Plan
2017-2022. More importantly, this bill seeks to ensure the safety and welfare of all
Filipinos by strengthening our country’s capacity for disaster risk and vulnerability
reduction and management, as well as, building the resilience of local communities
to disasters and hazards.

This bill was filed during the 17 Congress as House Bill No. 8165 and was
approved on Third and Final Reading on October 1, 2018. In view of the foregoing,
immediate passage of this bill is earnestly sought.

REP. LITA B. SU:

. REP. HORS@{O P. SUANSING, JR.
1* District, Nueva Ecija

2nd Disfrict, Sultan Kudarat


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Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

House Bill No. 195

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

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

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

CHAPTER I
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policies and Principles. — (a) Duties of the State.

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

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

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


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

It shall be the duty of the State to:

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

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

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

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

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


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

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

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

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

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

(11) Adopt a disaster risk and vulnerability reduction and
management approach that is holistic, comprehensive, integrated, and
proactive in lessening the socioeconomic and environmental impacts of
disasters including climate change, and promote the involvement and
participation of all sectors and all stakeholders concerned, at all levels,
especially the local community;

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

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

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

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

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

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

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

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

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

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

(22) Ensure that the best possible assistance and services are
delivered to individuals and families affected by disaster and emergency


rehabilitation projects to guarantee the resumption of normal social and
economic activities;

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

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

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

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

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

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

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


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

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

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

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

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

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

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

(12) Businesses, private sector financial institutions, professional
associations, as well as philanthropic foundations together with financial
regulators shall be encouraged to integrate disaster risk management,
including business continuity, into business models and core business values
and practices via disaster risk-informed investments, especially in micro,
small and medium-sized enterprises; engage in awareness-raising and
training for their employees and customers; engage in and support research
and innovation as well as technological development for disaster risk
management; share and disseminate knowledge, practices and data; and
actively participate, as appropriate and under the guidance of the public
sector, in the development of normative frameworks and technical standards
that incorporate disaster risk management; and

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(13) The media shall take an active and inclusive role at the local,
regional, and national levels in contributing to the raising of public awareness
and understanding, and disseminate accurate disaster risk, hazard and
disaster information, including on small-scale disasters, in a simple,
transparent, easy-to-understand and accessible manner, in close cooperation
with national and local authorities; adopt specific disaster risk and
vulnerability reduction communication policies; support, as appropriate,
early warning systems and life-saving protective measures; and stimulate a
culture of prevention and strong community involvement in sustained public
education campaigns and public consultation at all levels of society, in
accordance with national practices.

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

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

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

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

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

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

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

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


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organizations (CBOs), faith-based organizations, people’s organizations,
social movements, and labor unions.

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

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

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

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

() Complex Emergency refers to a form of human-induced
emergency in which the cause of the emergency as well as the ass

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

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

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


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

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

() Disaster Preparedness refers to the knowledge and capacities
developed by governments, professional response and recovery organizations,
communities and individuals to effectively anticipate, respond to, and recover
from, the impacts of likely, imminent or current hazard events or conditions.
It includes preparedness for response such as contingency planning,
stockpiling of equipment and supplies, the development of arrangements for
coordination, evacuation, and public information, and preparedness for
recovery such as procurement of land for resettlement sites.

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

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

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

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


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citizens to articulate their interests, exercise their legal rights and obligations,
and mediate their differences.

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

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

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

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

(aa) Early Warning System refers to the set of capacities needed to
generate and disseminate timely and meaningful warning information to
enable individuals, communities and organizations threatened by a hazard to
prepare and to act appropriately and in sufficient time to reduce the
possibility of harm or loss. A people-centered early warning system
necessarily comprises four (4) key elements: knowledge of the risks;
monitoring analysis and forecasting of the hazards; communication or
dissemination of alerts and warnings; and local capabilities to respond to the
warnings received. The concept of “end-to-end warning system” emphasizes
that warning systems need to span all steps from hazard detection to
community response. Early warning systems include systems developed at
the level of communities or based on indigenous knowledge.

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

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

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

(ce) Emergency Management refers to the organization and
management of resources and responsibilities for addressing all aspects of
emergencies, in particular preparedness, response, and initial recovery steps.

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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disaster and post-disaster phases. It shall be in conformity with the national
disaster risk reduction and management framework.

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

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

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

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

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

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

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

(ccc) Recovery refers to rehabilitation measures that ensure the ability
of affected communities or areas to restore their normal level of functioning

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by restoring livelihoods and services, reconstructing damaged infrastructures
and increasing the communities’ organizational capacity.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER II
DEPARTMENT OF DISASTER RESILIENCE

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

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

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

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

SEC. 5. Powers and Functions of the Department. - The Department shall
exercise and perform the following powers and functions:

{a) Risk Reduction

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

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

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

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

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

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

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

(8) Establish and monitor local and national capacity for
disaster risk financing and insurance and other risk transfer strategies
in coordination with the Department of Finance (DOF), the Government

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Service Insurance System (GSIS), and the Land Bank of the Philippines
(LBP);

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

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

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

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

(b) Disaster Preparedness

(1) Oversee and maintain a national early-warning and
emergency alert system that shall provide accurate, timely, and
accessible information to national and local emergency response
organizations and the general public;

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

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

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

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

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

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(7) 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;

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

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

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

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

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

(c) Rehabilitation and Recovery

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

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

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

(d) Other Powers and Functions
(1) Provide or designate a secretariat to the Climate Change
Commission;

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

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

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

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

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

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

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

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

CHAPTER II
GENERAL WELFARE AND EMERGENCY MEASURES

SEC. 6. General Welfare. - The Department shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as the powers
necessary, appropriate or incidental for its efficient and effective governance,
and those which are essential to the promotion of the general welfare, such
as the implementation of emergency measures including preemptive and

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forced evacuation, in anticipation of, during, and in the aftermath of
emergencies, hazards and disasters and only when there is imminent danger
of loss of lives and/or damage to property.

SEC. 7. Emergency Measures at the National Level. -The Department may
require the assistance of law enforcement agencies and the uniformed
services, such as the PNP and the AFP, as well as emergency responders, to
assist in the implementation of emergency measures.

SEC. 8. Emergency Measures at the Local Level. —

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

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

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

SEC. 9. Hierarchy of Evacuation Measures. -

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

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

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

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

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

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

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

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

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

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

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

SEC. 14, Emergency Arrangements. -The Department shall have the power
to negotiate, enter into, institutionalize and coordinate arrangements with any
private person or juridical entity for the purpose of ensuring the adequate and

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prompt availability of all goods and services necessary in anticipation of,
during, and in the aftermath of emergencies, hazards and disasters and only
when there is imminent danger of loss of lives and/or damage to property.

CHAPTER IV
ORGANIZATION AND MANAGEMENT

SEC. 15. The Secretary. - The Department shall be headed by a Secretary
who shall be appointed by the President.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) The Responders Management Service shall be responsible for the
efficient and effective gathering, management, and updating of a national

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roster of individuals and groups from the civilian sector, volunteer
organizations, uniformed services and the reserve force in support of
operational readiness for utilization by the Department.

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER V
FINANCE AND ADMINISTRATION

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

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

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

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

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

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

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

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

(1) Secretary of Science and Technology;
(2) Secretary of Interior and Local Government;
(3) Secretary of Social Welfare and Development;
(4) Secretary of National Defense;

(5) _ Director-General of the National Economic and Development
Authority;

(6) _ Secretary of Health;

(7) Secretary of Environment and Natural Resources;
(8) Secretary of Agriculture;

(9) Secretary of Education;

(10) Secretary of Energy;

(11) Secretary of Finance;

(12) Secretary of Trade and Industry;

(13) Secretary of Transportation;

(14) Secretary of Budget and Management;

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(15)
(16)
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(31)

(32)
(33)

(34)
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(36)
7)
(38)
(39)
(40)
(41)
(42)
(43)

Secretary of Public Works and Highways;

Secretary of Foreign Affairs;

Secretary of Justice;

Secretary of Labor and Employment;

Secretary of Tourism;

Secretary of Information and Communications Technology;
Presidential Advise on the Peace Process;

Chairperson of the Commission on Higher Education;
Chief of Staff of the Armed Forces of the Philippines;

Chief of Staff of the Philippine National Police;

Head of the Presidential Communications Operations Office;
Secretary-General of the Philippine National Red Cross;
Chairperson of the Commission on Human Rights;
Executive Director of the Council for Welfare of Children;
Lead Convenor of the National Anti-Poverty Commission;
Chairperson of the Philippine Commission on Women;

Chairperson of the Housing and Urban Development
Coordinating Council;

Chairperson of the National Council for Disability Affairs;

Chairperson of the National Commission on Indigenous
Peoples;

Chairperson of the National Commission on Muslim Filipinos;
Chairperson of the National Youth Commission;

President of the Government Service Insurance System;
President of the Social Security System;

President of the Philippine Health Insurance Corporation;
President of the Home Development Mutual Fund;

President of the Union of Local Authorities of the Philippines;
President of the League of Provinces of the Philippines;
President of the League of Cities of the Philippines;

President of the League of Municipalities of the Philippines;

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(44) President of the Liga ng mga Barangays;

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

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

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

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

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

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

SEC. 21. Monitoring, Reporting and Validation. -

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

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

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

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

Every two (2) years, the implementation of the Climate-Disaster
Resilience Plan (CDRP) and utilization of the Local Disaster Resilience Fund

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(LDRF) of each province, LGUs, independent city shall be evaluated by the
Regional Disaster Resilience Council (RDRC) based on appropriate criteria,
such as the award, recognition, citation criteria for provinces, cities and
municipalities, barangay and stakeholders.

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

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

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

‘The RDRCs shall establish the RDRC Secretariat and operating facility
to be known as the Regional Disaster Resilience Council Secretariat and
Operations Center.

The RDRCs shall be composed of concerned regional agencies, offices,
LGUs and other multiple stakeholders.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CHAPTER VII

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

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

The Climate and Disaster Resilience Plan shall provide for the following:
(1) identification of the underlying factors of risk, or the nature and degree of
hazards, vulnerabilities, exposures and capacities, which need to be managed
at the national level; (2) disaster risk and vulnerabilities reduction and
management approaches and strategies to be applied in managing said
hazards and risks; (3) agency roles, responsibilities, and lines of authority at
all government levels; and (4) vertical and horizontal coordination of climate
change adaptation, disaster risk and vulnerability reduction and management
before, during, and after a disaster. The Climate and Disaster Resilience Plan
shall be in conformity with the framework.

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

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

(CHAPTER VIII

CLIMATE AND DISASTER RESILIENCE RESEARCH, EDUCATION, AND
TRAINING INSTITUTE

SEC. 26. Creation of the Climate and Disaster Research, Education, and
Training Institute. - (a) Within one (1) year from approval of this Act, the
Department shall establish the Climate and Disaster Resilience Research,
Education, and Training Institute in collaboration with higher education
institutions and private and state universities and colleges (SUCs) which shall

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be a world-class center of excellence for learning and research in the field of
disaster risk and vulnerability reduction and management and climate
change adaptation;

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

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

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

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

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

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

(5) Establish a resource center for information, education and
communication materials, research, publications, best work practices,
lessons identified and learned, and other knowledge products on disaster risk
and vulnerability reduction and management, and climate change adaptation;

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

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

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

(d) Financial Support to the Center:

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

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

CHAPTER IX

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

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

SEC. 28. Disaster Resilience and Climate Change Education and
Training. - (a) The Department of Education, CHED, and Technical
Education and Skills Development Authority (TESDA), in coordination with
the National Youth Commission (NYC), the Department of Science and
Technology (DOST), Department of Environment and Natural Resources
(DENR), Department of Interior and Local Government (DILG), Department of
Health (DOH), Department of Social Welfare and Development (DSWD), and
other relevant agencies, developmental institutions, and nongovernment
organizations shall integrate disaster risk and vulnerability reduction and
climate change adaptation education in the school curricula at all levels of
education, from K to 12 to tertiary levels, including the early and adult
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for children and persons with special needs, whether private or public,
including formal and non-formal, technical-vocational, indigenous learning,
out-of-school youth courses and programs, and other channels of educational
integration, including media, church, entertainment centers (malls),
international and domestic airports and transport terminals.

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

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

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

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

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

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

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

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

SEC. 29. Standard Mechanism for Cascading Information, Education
and Communication on Climate Change Adaptation and Disaster Risk
and Vulnerability Reduction. - (a) The DRC shall promote and advocate a
culture of resilience and responsible-accountable, liable and responsible
citizenship through information, education and communication that is
appropriate, integrated, calibrated, inclusive, localized, science- and risk-
based, gender, culture and disability sensitive and accessible using
multimedia. Information, education, and communication on climate change
adaptation and disaster risk and vulnerability reduction management should
be compelling but not alarming.

(b) The NDRC shall formulate a Strategic Risk Communications Plan to
encompass the entirety of disaster risk and vulnerability reduction and
climate change adaptation to achieve the desired behavioral and attitudinal
change towards responsible citizenship and culture of resilience. It shall serve
as a reference on continuous awareness raising and education at all levels of
the government and multiple stakeholders.

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

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

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

CHAPTER X

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CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES

SEC. 32. Climate and Disaster Risk Transfer, Insurance and Social
Welfare. - (a) The Department shall oversee all climate and disaster risk-
sharing and risk-transfer instruments and other related initiatives to ensure
the protection of property and livelihood, both public and private.

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

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

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

CHAPTER XI
PREPAREDNESS AND INTEGRATED EARLY WARNING

SEC. 34. Standards for Disaster Preparedness Activities. — (a) The NDRC
shall establish standards for disaster preparedness, contingency planning,
localizing and operationalizing disaster risk and vulnerability reduction and
management, preparedness for disaster response, preparedness for early
recovery, continuity of essential services, and other relevant preparedness
activities.

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

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

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SEC. 35. MultiHazard Early Warning and Risk Communication
Standards. - (a) There shall be a streamlined policy governing early warning
systems and risk communication protocols to ensure effective and efficient
measures to prevent, prepare for, respond to, and recover from possible risk
caused by natural and human-induced hazards and climate risk. The NDRC
shall issue policy and the Department shall oversee and monitor the
implementation of this policy.

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

SEC. 36. Early Warning Mandate. — (a) The Department shall issue and
integrated early warning for hydro-meteorological, geologic, or terrestrial
phenomena to the appropriate government agencies or government-
accredited organizations for forecasting and early warning purposes, the
Department shall recognize and proactively support local or indigenous
modes of early warning systems and allow open access to real-time data from
both local and international sources made available through various
platforms such as websites, mobile applications, and social media to empower
local communities and individuals.

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

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

(4) Transmission of Early Warning. A person who transmits early
warning concerning the 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 NDRC.

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

() The Department shall consider working with other agencies or
organizations on pre-crisis information mapping of the humanitarian needs

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of the at-risk community that will enhance the overall prepositioning of
resources at the national and local levels.

CHAPTER XII
DISASTER RESPONSE AND EARLY RECOVERY

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

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

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

(a) The Barangay Disaster Resilience Council (BDRC), if one (1) barangay
is affected;

(b) The city /municipal Disaster Resilience Council (DRC), if two (2) or more
barangays are affected;

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

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

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

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

(a) Department of Finance - Bureau of Customs;
(b) Department of Foreign Affairs;

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

(c) Food and Drug Administration;

( Department of Agriculture;

(g) Department of Energy;

(h) Philippine National Police;

(i) Philippine Coast Guard; and

() Department of Justice ~ Bureau of Immigration.

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

A national roster of Accredited Community Disaster Resilience
Volunteers (ACDRVs) and institutions, National Service Reserve Corps, CSOs
and the private sector shall be maintained by the Department through the
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 NDRC. Any volunteer who
died or was injured while engaging in any of the activities defined under this
‘Act shall be entitled to compensatory benefits and individual personal
accident insurance as may be defined under the guidelines.

SEC. 41. Reporting of Humanitarian Assistance. - The concerned LGU
shall submit a report to the Department, all domestic or international
humanitarian assistance received and distributed within its area of
responsibility.
CHAPTER XIII
INTERNATIONAL HUMANITARIAN ASSISTANCE

SEC. 42. International Humanitarian Assistance. - The Department shall
promulgate guidelines on international humanitarian assistance, including
the initiation, entry, facilitation, transit, regulation, and termination thereof,
as well as those involving international disaster relief and personnel assisting
international actors, visa waiver, recognition of foreign professional

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qualifications, entry of international relief goods and equipment, and
exemption form port duties, taxes and restrictions.

SEC. 43. Assessment of the Need for International Humanitarian
Assistance. — (a) Immediately after the declaration of a state of calamity by
the Sanggunian of an LGU or by the Department, as the case may be, the
Department shall determine as to whether domestic capacities are likely to be
sufficient to attend to the needs of affected persons for international
humanitarian assistance. This determination may also be made by the
President, prior to the onset of an imminent disaster.

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

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

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

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

(CHAPTER XIV

OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO
FOREIGN STATES

SEC. 46. Offer and Facilitation of International Humanitarian
Assistance to Foreign States. - In the event of a disaster occurring in a
foreign state for which international humanitarian assistance is required, the
Department may offer, facilitate and provide international humanitarian
assistance to such foreign state, which shall be subject to guidelines to be
promulgated by the Department for the purpose.

SEC. 47. Accreditation. - The Department, in coordination with relevant
government agencies and organizations shall provide and facilitate the

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

CHAPTER XV

LEGAL FACILITIES FOR ELIGIBLE ASSISTING INTERNATIONAL
ACTORS

SEC. 48. Guidelines for Coordination of International Humanitarian
Assistance. - The DRC shall issue comprehensive guidelines on the
initiation, entry, facilitation, transit and regulation of international relief
goods and personnel, as well as eligibility guidelines to utilize the legal
facilities for assisting international actors provided herein.

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

SEC. 50. Recognition of Foreign Professional Qualifications. — (a) Eligible
assisting international actors wishing to deploy international personnel for
tasks requiring legal recognition of their foreign professional qualifications
shall certify the validity of those qualifications under the law of the country
where they were obtained and the competence of their personnel for the tasks
envisaged.

(b) The Department shall establish the guidelines and scope for

recognition of foreign professional qualifications for disaster response and
early recovery.

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

SEC. 51. Recognition of Foreign Driving Licenses. - Foreign driving
licenses of eligible assisting international actors shall be accorded temporary
recognition during the International Disaster Relief and Initial Recovery
Periods.

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

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A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT

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

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

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

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

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

(a) _ Exemption from all duties and taxes;

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

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

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

SEC. 56. Simplification of Documentation Requirements. -

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

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

SEC. 57. Telecommunications Equipment. — Eligible assisting international
actors shall be permitted to import telecommunications equipment for the

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purpose of Disaster Relied or Initial Recovery Assistance without restrictions,
except as required by NDRC guidelines and other laws for purposes of
national security or public order. The NDRC shall provide guidelines for the
manner of use of telecommunications equipment as well as waiver of licensing
requirements or fees.

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

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

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

c. PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS

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

CHAPTER XVI
RECOVERY

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

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

(b) Use locally-driven and centrally-supported processes based on
legal mandate 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;

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

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

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

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

CHAPTER XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY

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

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

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

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

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

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

CHAPTER XVIII
PROCUREMENT

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

SEC. 65. Emergency Procurement. - In order to expedite disaster response
and early recovery, the procurement or lease of equipment and delivery of
goods and services through emergency procurement or purchase at site shall

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be allowed. Periods of action on procurement activities may also be waived for
the same purpose and conditions.

CHAPTER XIX
PROHIBITED ACTS AND PENALTIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

@ 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;

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

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

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

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

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

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

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

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

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

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(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 the prohibited acts.

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

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

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

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

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

(€)__ Ofthe offender is a corporation, partnership, 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 entitites’
registration, license or accreditation issued to them by any licensing or
accredited body of the government. If such offender is an alien, the person
shall, in addition to the penalties prescribed in this Act, be deported without
further proceedings after service of the sentence;

() Payment of the full cost of repair or replacement of the
government risk reduction and preparedness equipment, accessories, and
other vital facility or items, or any part thereof, which is the object of the crime

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shall likewise be imposed upon any person who shall commit any of the
prohibited acts in the preceding section; and

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

SEC. 68. Appropriations. - (a) The amount needed for the initial
implementation of this Act shall be taken from the current fiscal year’s
unexpended appropriation of all agencies herein absorbed, transferred, and
attached to the Department. Thereafter, the amount needed for the operation
and maintenance of the Department shall be included in the General
Appropriations Act.

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

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

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

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

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

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

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

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

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

(d) Prevention, Mitigation and Preparedness Fund for third (3°) to sixth
(6%) class provinces and municipalities. There shall be in the annual General
Appropriations Act an amount allotted solely for the use of third (3*) to sixth
(6) class provinces and municipalities for the purpose of augmenting their
LDRF with respect to plans, programs, projects, and procurement for climate
change adaptation, disaster risk prevention, mitigation, and preparedness.
‘The requirements to avail of this fund shall be laid down in the rules and
regulations to be promulgated by the Secretary.

CHAPTER XXI
FINAL PROVISIONS
SEC. 69. Transfer and Attachment. -

(a) The applicable powers, functions, funds, and appropriations of
the Office of Civil Defense (OCD) and the Climate Change Office (CCO), Geo-
Hazard Assessment and Engineering Geology Section of the Mines and
Geosciences Bureau (MGB), Health and Emergency Management Bureau of
the Department of Health (DOH), the Disaster Response Assistance and
Management Bureau (DREAMB) of the Department of Social Welfare and

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Development (DSWD), and the Bureau of Fire Protection are hereby
transferred to the Department.

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

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

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

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

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

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

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

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

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

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

CHAPTER XXII

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MISCELLANEOUS PROVISIONS

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

SEC. 73. Congressional Oversight Committee. - There shall be created a
Congressional Oversight Committee on Climate Change and Disaster
Resilience to monitor and oversee the implementation of the provisions of this
Act. The Committee shall be composed of six (6) members from the Senate
and six (6) members from the House of Representatives with the Chairpersons
of the Committees on National Defense and Security of both the Senate and
the House of Representatives as joint Chairpersons of this Committee. The
five (5) other members from each Chamber are to be designated by the Senate
President and the Speaker of the House of Representatives, respectively. The
minority shall be entitled to pro rata representation but shall have at least two
(2) representatives from each Chamber.

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

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

SEC. 76. Repealing Clause. ~ (a) Republic Act No. 10121, otherwise known
as the “Philippine Disaster Risk Reduction and Management Act of 2010,” is
hereby repealed.

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

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

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

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

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

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

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

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

Approved,

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