Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

RECEIVED

sul o1 2

EIGHTEENTH CONGRESS

First Regular Session

House Bill No._338

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

Last Congress, the Committees on Government Reorganization and National Defense and
Security of the House of Representatives have jointly tackled and approved the bill creating the
Department of Disaster Resilience (DDR).

This is in response to the call of President Rodrigo Duterte in his 2018 State of the Nation
Address, to create a disaster management department. This bill sought to create a strong national
government agency that will tackle solely on disaster management, resilience, preparedness,
rehabilitation and reconstruction.

The bill was passed on Third Reading on October 1, 2018 and was transmitted to the Senate on
October 2, 2018 for its appropriate action. This version is the DDR that is envisioned to provide
concrete solutions to our existing woes of piecemeal solutions and of agencies differently
handling and managing disaster management.

The present National Disaster Risk Reduction and Management Council, which exercises
coordination, integration, supervision, monitoring, and evaluation functions, will be replaced by
the Department of Disaster Resilience Council, which shall solely be a policy-making and
advisory body on disaster risk and vulnerability reduction and management and climate change
adaptation.

“Functions of certain agencies, like the Office of Civil Defense and the Climate Change
Commission will be transferred to the new department and it will have the power to call and
exercise control and command on relevant national government agencies and private institutions
when there is an imminent calamity or during an actual calamity.

With climate change and lack of discipline of people, we need to institutionalize disaster
preparedness and reinforce in the mindset of our people and communities on the ground that
prevention is the best defense and preparedness will help save lives and properties.

‘The support of the Members of Congress for the early passage of this measure is highly sought.

XAVIER JESUS D. ROMUALDO

a



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILLNO. _338

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

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:

ARTICLE 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. The state shall: a) Carry out and
harmonize the policies on disaster management, environmental management, climate change
adaptation, and sustainable development to uphold the welfare of the people especially the

vulnerable sectors of society.

b) 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.
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c) Uphold its commitment to the international treaties, conventions and agreement on
disaster risk management, climate change, disaster risk and vulnerability reduction and
management, and climate change adaptation and mitigation, including universal principles and
standards for humanitarian assistance.

‘The State shall integrate and accelerate the implementation of the recognized principles,
and concepts of climate change, disaster risk and vulnerability reduction contained in the
international agreements, treaties, conventions, and frameworks in the 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.

d) Uphold the people’s constitutional right to life and property by minimizing and
mitigating 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;

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

£) Strengthen the capacity of the national government and the local government units,
together with development partner stakeholders, build disaster resilient communities, and
institutionalize arrangements and measures to reduce disaster risks and projected climate risks,
and enhance disaster preparedness and response capabilities at all levels;

2) Work with international humanitarian and development partners especially those
with established presence in the country;

h) Develop, maintain, and ensure the accessibility of climate and geospatial
information and services to the public.

i) Ensure that disaster risk and vulnerability reduction and climate change adaptation
measures are disability and vulnerable sensitive, and culturally sensitive, recognizing
indigenous knowledge systems and practices, and respecting human rights,

Mainstream disaster risk and vulnerability reduction in government by ensuring risk-informed


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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;

‘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;
Recognizeandrespondtothedifferentiatedconcernsandneedsofvulnerablegroups 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;

Create an enabling environment for substantial and sustainable participation of civil society
organizations, private organizations, non-government organizations,

privatesector, volunteersandcommunities,andrecognizetheircontributions to the disaster risk
reduction and management efforts of government;

Ensure the use of advanced science and the most up-to-date technologies in climate change

adaptation, disaster risk, and vulnerability reduction and management.

j) 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;

k) 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


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support to the most vulnerable communities;

SEC. 3. 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.

()) Civil society, non-governmental organizations, international non-governmental
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;

Q) 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;

@) 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,


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and shall therefore participate in the design of policies, plans and mechanisms,
including those for early warning;

(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;

© 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;

(J) 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 not 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) Academia 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


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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

(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, casy-to-understand and accessible
manner, in close cooperation with national and local authorities; adopt specific
disaster risk and vulnerability reduction communication policies; support, as
appropriate, early warning systems and life-saving protective measures; and
stimulate a culture of prevention and strong community involvement in
sustained public education campaigns and public consultations at all levels of

society, in accordance with national practices.

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 Domestic Entity refers to any not-for-profit entity established under
domestic laws, which is responding to a disaster in the country.

© Assisting International Entity 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.

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.

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Capacity may also be described as capability.

©) Civil Society Organizations 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. Civil society organizations include non-government
organizations, professional associations, foundations, independent research
institutes, community-based organizations, faith-based organizations, people's
organizations, social movements, and labor unions.

{) 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.

9) 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.

h) 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 major humanitarian crisis that is often a result of a
combination of political instability, conflict and violence, social inequities and
underlying poverty. Complex emergencies are essentially political in nature and
can erode the cultural, civil, political and economic stability of societies,
particularly when exacerbated by natural hazards and diseases which further
undermine livelihoods and worsen poverty.

) 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

\) Disaster refers to a serious disruption of the functioning of a community or a

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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 supplis

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

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.

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.

Disaster Risk refers to the potential disaster losses in lives, health status,
livelihoods,
assetsandservicesthatcouldoccurtoaparticularcommunityorsocietyinthefuture, 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 the public authorities, civil

servants, media, private sector, and civil society coordinate at community, national


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and regional levels in order to manage disaster and climate related risks. This
means ensuring that sufficient levels of capacity and resources are made available
to prevent, prepare for, manage, and recover from disasters. It also entails
mechanisms, institutions, and processes for citizens to articulate their interests,
exercise their legal rights and obligations, and mediate their differences.

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.

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

Disaster Risk and Vulnerability Reduction refers to the concept and practice of
reducing potential loss of life, injury, or destroyed or damaged assets or disrupted
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.

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.

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;


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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.

w) 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.

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

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

2 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.

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

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

&) Geographically Isolated and Disadvantaged Area (GIDA) refers to areas with a
marginalized population which is physically and socio-economically 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 socio-
‘economic factors such as high poverty incidence, presence of vulnerable sectors,
communities in or recovering from situation of crisis or armed conflict.

dl) 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.

) 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,
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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, that
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.

@) 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.

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

i) 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.

) 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

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

I) Mitigation refers to effort to reduce or limit greenhouse gas emissions or enhance
greenhouse gas sequestration

mm) 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


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during interruptions, emergencies, and disasters, and return to full operations
quickly.

m) 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.

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

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

qq) 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, re-
use, and redistribute, intermix with other data providers. These do not allow
conditions to be placed on how people can use Open Data, but permit a data
provider to require that data users credit them in some appropriate way, clarify if
the data have been changed, or that new datasets created using their data are also
shared as open data.

1) Pre-Disaster Risk Assessment refers to a process to evaluate a hazard’s level of
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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

8) 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”.

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

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

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

ww) 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.

yx) 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


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yy)

facilities.

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

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

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

human-induced hazard.

tb) Sustainable Development refers to development that meets the needs of the present

without compromising the ability of future generations to meet their own needs.

x) Vital Facility Items refers to government risk reduction and preparedness

ee)

equipment, accessories and other items such as radars, weather forecasting
equipment, flood monitoring instruments, seismographs, tsunami warning systems,
and automated weather systems.

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.

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.

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.

Whole of Government Approach refers to an approach that integrates the

collaborative efforts of the government departments and agencies to achieve unity


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of effort toward a shared goal to broaden the government's options, and increases
efficiency to maximize all available resources in a collaborative effort

Hih) 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
understandingofsecuritythatissharednotjustamongcoresecurityforcesand oversight
government institutions, but also by civil society and all the nation’s communities.

ARTICLE I
DEPARTMENT OF DISASTERRESILIENCE

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.

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

‘The Department shall augment the capacity of local governments units 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, local governments units, 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-stakcholder
participation and integrate climate change mitigation, adaptation, and disaster risk
and vulnerability reduction.

7. Coordinate directly with local government units and private entities to address
climate vulnerabilities and disaster risk assessment of regions and provinces at the
meso-scale, cities and municipalities at the micro-scale, and barangays at the meta-
scale.

& 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, the Government Service Insurance System, and the Land Bank of the
Philippines.

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 Disaster Resilience Framework and Disaster Resilience Plan;

11. Coordinate directly with local government units and private entities to address
Disaster Risk Assessment of regions and provinces at the meso-scale, cities and
municipalities at the micro-scale, and barangays at the meta-scale.

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 and Response

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

Coordinate information-sharing and other risk reduction protocols following the
principle of interoperability among national government agencies and local
government units.

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.

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.

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

Work with the private sector and civil society organizations for assistance with
regard to the use of facilities and resources for the protection and preservation of
life and property.

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.

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

Monitor and support local government units in the management of evacuation centers
and ensure the welfare and dignity of internally-displaced persons.

Procure goods and services during emergencies, in accordance with existing
emergency procurement rules and regulations.

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.

Assist in mobilizing the necessary resources to increase the overall capacity of

local government units, specifically those with low income and situated in high-


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tisk 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 local
government units, national government agencies, and other stakeholders.

2. Implement the cluster approach to expedite reconstruction efforts and orchestrate
and serve as the clearing house for the participation of assisting actors in such
efforts

3. Ensure that the principle of Building 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, the Government Service Insurance System, and the Land Bank of the
Philippines.

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 local government units before, during, and after a
disaster. Administer, oversee, and monitor the utilization of National Disaster
Resilience Fund, the Disaster Resilience Support Fund (DRSF) for third (3") to
sixth (6") class provinces and municipalities, and other grants and donations for
disaster risk reduction and management and climate change adaptation, unless
otherwise specified.

4. Receive, administer, mobilize, and monitor and oversee the utilization of the
national disaster resilience fund, the Prevention, Mitigation, and Preparedness Fund
for 3rd to 6th 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


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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 local
government units, 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.

9. Perform such other functions as may be necessary for the effective implementation

of this Act.

ARTICLE TL
GENERAL WELFARE AND EMERGENCY MEASURES

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

and/or damage to property.

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 Philippine
National Police and the Armed Forces of the Philippines, as well as emergency responders, to

assist in the implementation of emergency measures


SEC. 8. Emergency Measures at the Local Level —

(a) Local government units shall enact an ordinance on and implement through the
LDRRMO which shall be renamed as 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.

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

local government

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.

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


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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 non-governmental 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 Armed Forces of the Philippinesor the
Philippine National Police, 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 non-government and 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 specifically for extending

their assistance in the use of their facilities and resources.

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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 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.

ARTICLE 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)

b)

°)

d

°)

h)

Establish and promulgate policies, rules, and regulations for the effective and
efficient operation of the Department.

Exercise executive direction over the operations of the Department and

administrative supervision over its attached agencies.
‘Manage the financial and human resources of the Department,

Appoint officers and employees of the Department, except presidential

appointees, in accordance with civil service law, rules, and regulations.

Exercise disciplinary authority over officers and employces of the Department in
accordance with law.

Coordinate with other government agencies, the private sector, and civil society
organizations on the policies, programs, projects, and activities of the
Department, as may be necessary.

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.

Serve as the Vice-Chairperson of the Climate Change Commission.

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

humanitarian platforms.


Coeur anneunn

) Call upon the Armed Forces of the Philippines and the Philippine National Police
to render assistance in disaster-affected areas.
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:

(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) The Department shall have such number of assistant secretaries and directors as may be
necessary for the effective and efficient implementation and performance of its mandate,
powers, and functions;

(d) D
employees shall be appointed in accordance with civil service law, rules, and regulations;

ions, units and offices as may be created by the Department and whose officers and

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

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

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

(h) 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.
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ARTICLE 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 provisions of Section 3, paragraph (D) of Article 9, 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 DDR grant and donated funds and ensure their judicious management including their
proper and accurate audit reporting to constituents.

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

taxes and import duties of national and local government agencies;

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

ARTICLE 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

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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 national disaster resilience council shall be chaired by the Secretary of Disaster

Resilience and shall be composed of the following:

Secretary of Science and Technology;

Secretary of the Interior and Local Government;
Secretary of Social Welfare and Development:
Secretary of National Defense;

Director-General of the National Economic and Development Authority;
Secretary of Health;

Secretary of Environment and Natural Resources;
Secretary of Agriculture;

Secretary of Education;

Secretary of Energy;

Secretary of Finance;

Secretary of Budget and Management,

Secretary of Public Works and Highways;

|. Secretary of Information and Communications Technology;

Chief of Staff of the Armed Forces of the Philippines;

Chief of the Philippine National Police;

Head of the Presidential Communications Operations Office;
Secretary-General of the Philippine National Red Cross;

Chairperson of the Housing and Urban Development Coordinating Council;
President of the Home Development Mutual Fund;

|. 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;

President of the Liga ng mga Barangays,

Maximum of three(3) representatives from the academia and other relevant research
institutions;

Maximum of three(3) representatives from the civil society organizations; and

Maximum of three(3) representatives from the private sector.

(c) Composition — The Council is hereby organized into five (5) clusters, namely, Disaster

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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,
astheneedarises,atechnicalmanagementadvisorygroupfromthedifferent
stakeholders,thatshallcoordinateandmeetwiththeDepartmentasoftenas necessary to effectively
manage and sustain national efforts on disaster risk and vulnerability reduction and emergency
management, and climate change adaptation and mitigation; and

(©) 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 Local Disaster Resilience Fund 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 AWEPs 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.

Validation. The Secretary shall require the submission of reports from local

s

government units to validate the progress reports of the Council member-agencies.
Submission shall be through the local field offices of the DDR.

Every two (2) years, the implementation of the Climate-Disaster Resilience
Plan(CDRP) and utilization of the Local Disaster Resilience Fund (LDRF) of each
province, local government units, independent city shall be evaluated by the

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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 local disaster resilience councils. 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
regional disaster resilience councils 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
Regional Disaster Resilience Council Chairperson. In the case of Metro Manila,
the MDRC shall be headed by the Chairperson of the Metro Manila Development
Authority (MMDA).

The regional disaster resilience councils shall establish the regional disaster
resilience council Secretariat and operating facility to be known as the Regional
Disaster Resilience Council Secretariat and Operations Center (RDRC).

The regional disaster resilience councils shall be composed of concerned
regional agencies, offices, local government units and other multiple stakeholders.

(i) Local Disaster Resilience Council Budgetary Requirements of local

disaster resilience office- The budgetary requirements for personal
services, maintenance and other operating expenditures, and capital outlay
of the local disaster resilience office shall be sourced from the General
Fund of the local government unit, subject to Section 76 of Republic Act
No. 7160, as amended, 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 local
government units to fund the initial year requirements for the creation of

the minimum five (5) mandatory positions of the local disaster resilience
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office.

Other maintenance and operating expenditures and other capital outlay
requirements of the local disaster resilience office 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 local government units.

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

(ii) Recommend through the local disaster resilience council, the enactment

of local ordinances consistent with the requirements of this Act;

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

(iv) Encourage Government-Owned and Controlled Corporations 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 civil society organizations, 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, civil society organizations, 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

8


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.

(d) Facilitation or assistance in obtaining or processing incentives for the private sector or

other non-government stakeholders.

(c) Preparation and facilitating the issuance of micro, small, and medium enterprises
(MSME5), such as mechanisms involving procurement and liquidity to create enabling

environments for disaster preparedness and recovery.

The MSCU shall establish a platform that includes, among others, a database for

monitoring and coordinating efforts and resources of stakeholders.

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

SEC. 24, Integration of DRR and Climate Change Adaptation in the Climate and
Disaster Resilience Framework and Plan. ~ The existing National Disaster Resilience
Framework and plan and the National Climate Change Strategic Framework and Plan shall be
enhanced by the Climate and Disaster Resilience Framework and plan which 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

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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 national disaster resilience council and the Climate

Change Commission.

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

ARTICLE VOI
CLIMATE AND DISASTER 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 Research, Education, and Training Institute in collaboration with higher
education institutions and Private and State Universities and Colleges which shall be a world-
class center of excellence for learning and research in the field of disaster risk and
vulnerability reduction and management and climate change adaptation;

(b) The Climate and Disaster 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 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
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fields of disaster risk and vulnerability reduction and management, climate change
adaptation, and ecosystem management and restoration, among others;
2) Develop and implement an inclusive and ladderized curricula on climate change

adaptation, and disaster risk and vulnerability reduction and management;

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

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

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

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

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

8) Accredit, recognize, monitor and evaluate climate change adaptation, disaster risk

and vulnerability reduction and management training institutions.

(d) Financial Support to the Center:

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

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

other financial sources of the local government unit concerned.

3”


ARTICLE 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 Climate and Disaster Resilience Information Management System shall at all
times be made available to the Emergency Operations Center of the National and Regional
Climate and Disaster Resilience Council (NRCDRC) development partners and multi-
stakeholders to access critical information and ensure that the collection processing, analysis
and dissemination of information is timely, reliable and accurate to support overall decision

making and effective coordination both at the national and sub-national level

SEC. 28. Disaster Resilience and Climate Change Education and Training. ~ (a) The
Department of Education, Commission on Higher 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 non-
government organizations shall integrate disaster risk and vulnerability reduction and climate
change adaptation education in the school curricula at all levels of education, from K to12 to
tertiary levels, including the early and adult learning programs, National Service Training
Program (NSTP), and education for children and persons with special needs, whether private
or public, including formal and non-formal, technical-vocational, indigenous learning, out-of-
school youth courses and programs, and other channels of educational integration, including
media, church, entertainment centers (malls), international and domestic airports and transport

terminals.
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(0) The Civil Service Commission (CSC), Professional Regulatory 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.

(© Incoordination with the Department and the Disaster Resilience Research 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.

@ 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.

(© The DepEd, the CHED, and the Technical Education and Skills Development
Authority (TESDA) and other developmental institutions, community-based practitioners and
organized non-governmental 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.

@ The local disaster resilience offices shall form formal partnerships with tertiary
learning institutions within their respective jurisdictions to provide standard and ladderized
training programs for local government unit officials and other disaster risk and vulnerability
reduction management and climate change adaptation.

(b) The disaster resilience council, the regional disaster resilience councils, the local
disaster resilience councils, the barangay disaster resilience councils, and the Sangguniang
Kabataan shall encourage the 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 adaptation programs as part of programs and projects of the Sangguniang Kabataan,

youth organizations and community-based disaster risk and vulnerability reduction
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management and anticipatory adaptation initiatives.

(@ There shall be a mandatory training 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, 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 Management.— (a) The disaster resilience council 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 national disaster resilience council 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 and education advocacies 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 Department shall provide guidance
and operating guidelines to local disaster resilience councils 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 livehoods and other assets;

SEC. 31. Flash Appeal or Appeal for International Assistance. ~ Upon consultation
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with the national disaster resilience counciland in cognizance of the urgency, criticality and
intensity of an imminent risk, the Department shall issue a flash appeal to the family of
nations, under regional and multilateral conventions, for assistance in preparedness including

preemptive measures, search, rescue and retrieval, relief, recovery, and reconstruction.

ARTICLE X
CLIMATEAND 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 local government units 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 Local Disaster Resilience Fund.

SEC. 33. Recognition and Incentives. - Unless otherwise provided, theDepartment
shall establish an incentives program that recognizes outstanding performance of local disaster
resilience council, non-governmental organizations, civil society organizations, private sectors,
schools, hospitals,andotherstakeholdersinpromotingandimplementingsignificantdisaster 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.

ARTICLE XI
PREPAREDNESS AND INTEGRATED EARLY WARNING


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SEC. 34. Standards for Disaster Preparedness Activities — (a) The National Disaster
Resilience Council 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) Local government units 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 Protection Act” ,in order to avoid disruption of school classes and lessen the
use of school buildings and facilities as evacuation centers.

The local government units shall immediately compensate schools used as evacuation
centers. The schools may seek compensation renovation or repairs of damaged facilities for

such use.

SEC. 35. Multi-Hazard Early Warning and Risk Communication Standards. ~ (a)
‘There shall be a streamlined policy governing early warning systems and risk communication
protocols to ensure effective and efficient measures to prevent, prepare for, respond to, and
recoverfrompossibleriskcausedbynaturalandhuman-inducedhazardsandclimaterisk. The
national disaster resilience council shall issue 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 local government units,
community-based organizations, civil society organizations, and other non- governmental

organizations.

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

and social media to empower local communities and individuals.

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(b) The Philippine Atmospheric, Geophysical and Astronomical Services
Administration(PAGASA) and Philippine Institute of Volcanology and Seismology
(PHIVOLCS) shall work actively and closely with the Department in integrating,
mainstreaming, and converging all information, data, research and development studies and
results, knowledge and technology, and activities relating to climate change and disaster
resilience;

(c) The Department shall recognize and proactively support local or indigenous modes of
carly 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 apps,
and social media to empower local communities and individuals.

(d) Any person or juridical entity who transmits carly 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 National Disaster Resilience
Council.

(e) The National Disaster Resilience Council 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.

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

ARTICLE XL
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 National Disaster Resilienee Council

The declaration and lifting of the state of calamity may also be issued by the local
Sanggunian, upon the recommendation of the local disaster resilience office, based on the
results of the damage assessment and needs analysis. Provided: That the Department, through
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declaration of a state of imminent disaster to enable the local executives to implement pre-
emptive evacuation and precautionary measures in order to save lives and minimize damage to
property, loss of livelihoods, and disruption of livelihood that require the use of funds and

resources under the Local Disaster Resilience Framework.

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, if one barangay is affected;

b) ‘The city/municipal disaster resilience councils, if two (2) or more barangays are
affected;

c) The provincial disaster resilience council, if two (2) or more
cities/municipalities are affected;

d) The regional disaster resilience council, if two (2) or more provinces are
affected; and

) The national disaster resilience councils, if two (2) or more regions are affected

SEC.39.HumanitarianAssistanceActionCenter— The disaster resilience council 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 national disaster resilience council agencies:

a) Department of Finance-Bureau of Customs;

b) Department of Foreign Affairs;

©) Department of Social Welfare and Development,

4) Department of Health;

e) Food and Drug Administration;

f) Department of Agriculture;

g) Department of Energy;

h) Philippine National Police;

i) Philippine Coast Guard; and
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j) Department of Justice - Bureau of Immigration

SEC. 40. Accreditation, Mobilization, and Protection of Disaster Volunteers and
National Service Reserve Corps, Civil Society Organizations and the Private Sector— The
government agencies, civil society organizations, private sector and local government units
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, civil society organizations, private sector, and local government units
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 local disaster
resilience offices, 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, civil society organizations and
the private sector shall be maintained by the Department through the local disaster resilience
offices. 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 national disaster resilience council. 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 local government
unit shall submit a report to the Department, all domestic or international humanitarian

assistance received and distributed within its area of responsibility.

ARTICLE XU
INTERNATIONAL HUMANITARIAN ASSISTANCE

SEC. 42.Jnternational Humanitarian Assistance. —The Department shall promulgate

guidelines on international humanitarian assistance, including the initiation, entry, facilitation,

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transit, regulation, and termination thereof, as well as those involving international disaster
relief and personnel assisting international actors, visa waiver, recognition of foreign
professional qualifications, entry of international disaster goods and equipment, and exemption
from port duties, taxes and restrictions.

SEC. 43.Assessment of the Need for International Humanitarian Assistance. ~

(a) Immediately after the declaration of a state of calamity by the sanggunianof a local
government unit 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.Reguest 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. One-Stop-Shop for International Humanitarian Assistance. — The Department
shall establish, in coordination with the Department of Foreign Affairs (DFA) a One-Stop-Shop
mechanism for International Humanitarian Assistance 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.

ARTICLE XIV
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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, in coordination with DFA, 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 necessary training and accreditation
to the respective government personnel to be deployed for such offer, facilitation and provision

of international humanitarian assistance to a foreign state.

ARTICLE 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 hereunder.

SEC. 49. Visa Waiver— Eligible assisting international actors shall be entitled to
waiverofentryvisarequirements,includinganyassociatedfeesorcharges,toperformDisaster Relic
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

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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
cligible 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 10 coordination requirements
asmandatedbytheAuthorityandlimitationsbasedonnationalsecurity,publicorderorpublic health,
weighed in the context of the urgency of the disaster needs. They shall be permitted to provide

their goods and services directly to affected persons

A. ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPM

SEC. 53. Customs Facilitation and Priority Treatment The Department shall
facilitate the rapid importation of consignments 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) DeclarethatallthegoodsandequipmenttheyseektoimportunderthisPartare exclusively for
Disaster Relief or Initial Recovery Assistance and that they comply with any relevant
standards under Philippine laws; and

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

SEC. 55. Exemption from Import Duties, Taxes and Restrictions. Consignments of
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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

(0) 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) Therequirementsforthedeclarationforallimportsofgoodsorequipmentbyoron behalf of
cligible assisting international actors and any supporting documents relating to said
consignment, release and clearance of goods or equipment shall be simplified and lodged

without fee.

SEC. 57. Telecommunications Equipment.— Eligible assisting international actors shall
be permitted to import telecommunications equipment for the purpose of Disaster Relief or
Initial Recovery Assistance without restrictions, except as required by national disaster
resilience council guidelines and other laws for purposes of national security or public order.
‘The national disaster resilience council shall provide guidelines for the manner of use

telecommunications equipment as well as a 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

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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 disaster resilience
council shall provide for the guidelines for retention, re-exportation, donation and disposal of
unused goods and equipment after the termination of Disaster Relief and Initial Recovery
Assistance operations,
ARTICLE XVI
RECOVERY

SEC. 62. Standards for Recovery The Department shall observe internationally
accepted standards for recovery, planning, programming and implementation of the recovery
process 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 mandates with
supplementary capacity support when requested;

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

(@) Employ outcome-driven planning and implementation;

(c) Maximize use of private-public sector partnership where possible;

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

(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.

ARTICLE XVIE


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REMEDIAL MEASURES UNDER STATE OF CALAMITY
SEC. 63.Remedial Measures under State of Calamity. Upon the declaration of the
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 Coordination Council of
overpricing/profiteering and hoarding of prime commodities, medicines and petroleum
products;

(©) 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 better forward” principle:

(1) Grantofno-interestloansbygovernmentfinancingorlendinginstitutionstothe 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 local government unit,

ARTICLE XVII
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 9184 otherwise known as “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 be allowed. Periods of action on procurement

activities may also be waived for the same purpose and conditions.


ARTICLE 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 cause, shall be considered as gross neglect of duty:

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

(2) Failure to create a functional local disaster resilience office within six (6) months
from approval of this Act;

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

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

(5) Failure to formulate and implement the local disaster resilience plan with the
corresponding budget allocation;

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

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

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

(2) Withholding the distribution of relief goods duc 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;

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

(5) Buying, for consumption or resale, from 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 wrong delivery of relief goods, equipment, or other aid commodities
to persons other than the rightful recipient or consignee;

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

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

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

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

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

(11) Substitutingorreplacingreliefgoods,equipment,orotheraidcommodities 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 national disaster resilience council;

(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 items or any
part thereof,
(16) Tampering with or stealing hazard monitoring and disaster preparedness equipment
and paraphernalia.
(17) Attempting to commit any of the abovementioned prohibited acts; and
(18) Benefiting 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:

(a) Imprisonment of not less than twelve (12) years but not more than fifteen (15) years or
a fine of not less than One million pesos (Php1,000,000.00) but not more than Three million
pesos (Php3,000,000.00), or both imprisonment and fine at the discretion of the court shall be
imposed upon any person found guilty of violating subsections (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 (Php500,000.00) but not more than One million
pesos (Php!,000,000.00), or both imprisonment and fine at the discretion of the court, shall be
imposed upon any person who attempts to commit any of the prohibited acts in the preceding
section, in violation of subsection (b)(17) thereof

(c) Imprisonment of not less than two (2) years but not more than six (6) years or a fine of
not less than Two hundred thousand pesos (Php200,000.00) but not more than Five hundred
thousand pesos (Php500,000.00), or both imprisonment and fine at the discretion of the court,
shall be imposed upon any person found guilty of unlawfully benefiting from the proceeds or
fruits of any of the prohibited in the preceding section, in violation of subsection (b)(18)
thereof,

(d) 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 in the preceding section;

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

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

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

administrative or civil liabilities.

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

(c) Local Disaster Resilience Fund (LDRF). Not less than seven percent (7%) of the
estimated revenue from regular sources shall be set aside as the Local Disaster Resilience Fund
to support disaster risk and vulnerability reduction and climate change adaptation and mitigation
programs, projects and activities. The Local Disaster Resilience Council shall monitor and
evaluate the use and disbursement of the Local Disaster Resilience Fund based on the LDRP as
incorporatedinthelocaldevelopmentplansandannualworkandfinancialplan. Upon the

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recommendation of the local disaster resilience office and approval of the sanggunian
concerned, the Local Disaster Resilience Council may transfer the said fund to support the
disaster risk and vulnerability reduction and climate change adaptation work and initiatives of
other local disaster resilience councils that are declared under a state of calamity.

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

2

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

3

Of the amount appropriated for the Disaster Resilience Fund, twenty percent (20%) shall
be allocated as Quick Response Fund (QRF) or stand-by fund for prepositioning of
goods and equipment and relief and early recovery programs in order that 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 local government units that are allocated with Local
Disaster Resilience Fund shall submit to the Department their monthly statements on the
utilization of Local Disaster Resilience Funds 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 Disaster Resilience Plan and the guidelines to be issued by the disaster
resilience council in coordination with the Department of Budget and Management
(DBM) and Commission on Audit (COA).

Unexpended local disaster resilience fund shall accrue to a trust fund solely for

the purpose of supporting disaster risk reduction and management and climate change
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adaptation activities of the local disaster resilience councils 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 national disaster resilience council shall issue guidelines on the utilization
and release of local disaster resilience fund in coordination with other concemed
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 3rd to 6th class provinces and municipalities for the
purpose of augmenting their local disaster resilience fund 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 rules and
regulations to be promulgated by the Secretary.

ARTICLE XXI
FINAL PROVISIONS

SEC. 69. Transfer of Offices, Agencies, and Personnel. ~ (a) The following offices and
agencies are hereby transferred to the Department including their powers and functions, funds

and appropriations, obligations, records, equipment, property, and personnel;

Office of Civil Defense;

R

Climate Change Office of the Climate Change Commission;

Geo-Hazard Assessment and Engineering Geology Section of the Mines and

»

Geosciences Bureau;

s

Health Emergency Management Bureau of the Department of Health

Disaster Response Assistance and Management Bureau of the Department of Social

Welfare and Development;

2

Bureau of Fire Protection; and

Program Management Office for Earthquake Resiliency of the Greater Metro Manila

x

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auruna

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(b) 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 —
NationalgovernmentemployeesdisplacedorseparatedfromtheserviceasaresultofthisAct shall be
entitled to separation pay and other benefits in accordance with Republic Act No. 6656,
otherwise known as “Government Reorganization Law” 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. Special Benefits and Privileges. Qualified employees of the Deparment, local
government units and its attached units shall be covered by Republic Act No. 8439, known as
the Magna Carta for Scientists, Engineers, Researchers and Other Science and Technology
Personnel in the Government, and Republic Act No. 7005, otherwise known as “Magna Carta
‘for Public Health Workers.”

SEC. 72. Hazard Pay and Other Allowances and Benefits. - Qualified personnel of the
Department shall be entitled to receive hazard pay and other allowances and benefits, in
accordance with such policies and regulations promulgated by Department, in consultation with
the DBM and the COA.

SEC. 73. Implementing Rules and Regulations. The Department, in consultation with
concemed 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. 74.Congressional Oversight Committee. (a) There shall be created a
Congressional Oversight Committee on Climate Change and Disaster Resilience to monitor

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and oversee the implementation of the provisions of this Act. The committee shall be
composed of six (6) Members of the House of Representatives and six (6) Senators to be
designated by the Speaker of the House of Representatives and the President of the Senate,
respectively from their appropriate committees: Provided, That, two (2) Members of the House
of Representatives and two (2) Senators shall come from the Minority of their respective
houses of congress.

(b) 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. ~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,