Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.
Introduced by Rep. BERNADETTE "BH" HERRERA-DY
EXPLANATORY NOTE
Philippines is one of the countries that experiences a number
of calamities such as typhoons. In a typical year, around nineteen
or
more
tropical
storms
enter
the
Philippine
area
of
responsibility
and
of
these,
usually
six
or
nine
make
landfall.
Natural
disasters
of increasing magnitude and frequency, such as
typhoon Haiyan, have continued to affect our country, which is now
the second most vulnerable in the world to disasters and climate
change. Nearly 74 percent of the population and 80 percent of the
land
area
are
identified
as
vulnerable
to
disasters,
with
the
capital of Manila considered at "extreme risk." This "new normal"
requires
a
more
focused
and
in-depth
attention
in
the
way
we
understand, prepare and respond to natural disasters.
Despite all the disaster preparation and coordination plans,
there
were
still
significant
losses,
injury,
and
damage
to
property when Typhoon Yolanda (Haiyan), considered as the world's
strongest
typhoon
ever
recorded,
struck
Philippine
territory.
Notwithstanding
the
government's
efforts
and
preparations,
thousands
of
people
perished
during
said
Typhoon.
Damage
to
business,
properly
and
agriculture
were
of
such
magnitude
that
economic activities were placed on standstill.
In
line
with
this,
it
is
high
time
that
we
create
a
truly
empowered Department in the Government that will focus on natural
hazards
and
disasters;
and
characterized
by
unity
of
command,
a
science-and
ICT-based
approach,
and
to
take
charge
of
three
(3)
key
result
areas:
(a)
disaster
risk
reduction;
(b)
disaster
preparedness
and
response;
and
(c)
recovery,
rehabilitation
and
building
forward
better.
As
the
country's
primary
disaster
management
agency,
the
Department
of
Disaster
Resilience
shall
integrate and define what needs to be done. where it needs to be
done, based on what standards, how it should be done and how well
it should be done.
This
new
department
which
will
be
called
the
Department
of
Disaster
Resilience
will
effectively
improve
the
institutional
capacity
of
the
government
for
disaster
risk
reduction
and
management,
reduce
the
vulnerabilities
surrounding
the
affected
local
population
as
well
as
build
the
resilience
of
local
communities to both natural and man-made disasters and calamities.
Given
its
exposure
to
disaster
risk,
the
Philippines
cannot
continue
to
have
a
focal
disaster
organization
that
only
has
coordinative
functions.
Our
personal
experience
during
typhoon
Haiyan has confirmed that the complexity of large-scale disasters
undermines
existing
policies
and
structures.
The
current
DRRM
structure
where
authority
is
shared,
responsibility
is
dispersed
July 8, 2022
11:03 am
1631


and
resources
are
scattered,
renders
it
difficult
to
operate
an
appropriate
and
immediate
response,
thus
delaying
critical
disaster response and recovery.
With the lives, safety and the welfare of our people at stake,
the passage of this bill is earnestly sought
BERNADETTE HERRERA-DY
1


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No._____
Introduced by Rep. BERNADETTE "BH" HERRERA-DY
AN ACT CREATING THE DEPARTMENT OF DISASTER RESILIENCE, DEFINING
ITS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFORE
Be it enacted by the Senate and House of Representatives of the
Philippines in 19th Congress assembled:
CHAPTER I.
GENERAL PROVISIONS
SECTION
1.
Short
Title
—
This
Act
shall
be
known
as
the
"Department of Disaster Resilience Act".
SEC. 2. Declaration of Policies and Principles. — (a) Duties of the
State.
The
State
shall
carry
out
and
harmonize
the
policies
on
disaster
risk
and
vulnerability
reduction
and
management,
environmental
management,
and
climate
change
adaptation,
and
sustainable
development
to
uphold
the
welfare
of
the
people
particularly the vulnerable sectors of society.
The
State
shall
uphold
its
commitment
to
the
achievement
of
the
sustainable
development
goals
specifically,
integrating
and
implementing
policies
and
plans
towards
inclusion,
resource
efficiency,
mitigation
and
adaptation
to
climate
change, resilience
to
disasters,
and
develop
and
implement
a
holistic
disaster
risk
management
at
all
levels
in
line
with
the
Sendai
Framework
for
Disaster Risk Reduction 2015-2030.
The State shall uphold its commitment to the United Nations Framework
Convention
on
Climate
Change
(UNFCCC)
in
the
stabilization
of
greenhouse
gas
concentrations
in
the
atmosphere
at
a
level
that
prevents
dangerous
anthropogenic
interference
with
the
climate
system,
achievable
within
a
time
frame
sufficient
to
allow
the
natural adaptation of the ecosystem to climate change, to ensure food
production
and
food
security,
and
to
secure
sustainable
economic
development.
The
State
shall
integrate
and
accelerate
the
implementation
of
the
principles,
and
concepts
of
climate
change,
disaster
risk
and
vulnerability
reduction
contained
in
the
Paris
Agreement
of
the
United
Nations
Framework
Convention
on
Climate
Change (UNFCCC), the
Sendai
Framework
for
Disaster
Risk
Reduction
2015-2030,
the
2015
Asia-Pacific
Economic
Cooperation
(APEC)
Disaster
Risk
Reduction
(DDR)
Framework,
the
2030
Agenda
for
Sustainable
Development
Goals
(SDGS),
and
the
Philippine
Development
Plan
(PDP)
2017-2022
in
2
1631


various
phases
of
policy
formulation,
development
plans
and
investments,
poverty
reduction
strategies
and
other
development
tools, and techniques by all national and local agencies,institutions
and instrumentalities
of
the
government
to
enhance
the
country's
climate change adaptive capacity. It shall be the duty of the State
to.
(1)
Uphold
the
people's
constitutional
right
to
life
and
property
by
minimizing,
if
not
eradicating,
the
root
causes
of
vulnerabilities
to
disasters,
strengthening the country's
institutional
capacity
for
disaster
risk
and
vulnerability
reduction
and
management,
and
building
the
resilience
of
local
communities
to
disasters
including
climate
change
impacts, and human induced disasters;
(2)
Incorporate
internationally
accepted
principles
of
disaster risk and vulnerability reduction and management, and
climate change adaptation, including universal principles and
standards
for
humanitarian
assistance,
developing
and
implementing
national,
regional
and
local
sustainable
development and poverty reduction strategies, policies, plans
and budgets, as part of the country's commitment to overcome
human suffering due to disasters;
(3)
Ensure
a
science-based
in
a
whole-of-society
approach
and
bottom-up
participation,
representation,
and
decision-making
in
climate-disaster
risk
governance,
risk
assessment,
risk
reduction
and
risk
management,
and
adopt
a
comprehensive, integrated, and proactive approach to lessening
the
socioeconomic
and environmental impacts of disasters and
climate change;
(4) Promote and advance the implementation of a comprehensive
Disaster
Risk
and
Vulnerability
Reduction
Plan
(DRVRP)
that
aims
to
strengthen
the
capacity
of
the
national
government
and
the
local
government
units
(LGUs),
together
with
development
partner
stakeholders,
build
the
disaster
resilience
of
communities,
and
institutionalize
arrangements
and measures for reducing disaster risks, including projected
climate risks, and enhance disaster preparedness and response
capabilities at all levels;
(5)
Recognize
the
role
of,
and
work
with
international
humanitarian
and
development
partners
especially
those
with
established presence in the country;
(6)
Develop,
maintain,
and
ensure
the
accessibility
of
climate and geospatial information and services to the public
through Open Data, which means data that can be freely used,
reused,
and
redistributed
by
anyone,
subject
to
limitations
on
account
of
national
security
considerations.This
may
include
the
use
of
impact-based
forecast
models,
and
probabilistic hazard maps;
(7) Ensure that disaster risk and vulnerability reduction and
climate
change
adaptation
measures
are
gender,
disability,
and
vulnerability
sensitive,
and
culturally
sensitive,
recognizing
indigenous
knowledge
systems
and
practices,
and
respecting human rights;
(8)
Recognize
and
strengthen
the
capacities
of
LGUs,
communities
and
multiple
stakeholders
in
mitigating
and
preparing for, responding to, and recovering from the impact
of
disasters
through
identification
of
local
risk
patterns,
3


and
decentralized
powers,
responsibilities,
and resources at
the regional and local levels;
(9)
Adopt
and
implement
a
comprehensive,
integrated,
efficient
and
responsive
disaster
risk
and
vulnerability
reduction
program
that
is
incorporated
in
the
development
plan at various levels of government adhering to transparency
accountability and other principles of good governance within
the
context
of
poverty
alleviation
and
environmental
protection;
(10)
Mainstream
disaster
risk
and
vulnerability
reduction
in
government
by
ensuring
risk-informed
planning,
programming,
implementation,
monitoring,
and
evaluation,
and
the
use
of
quality
management,
accountability,
and
performance
systems
in
measuring
and
improving
the
effectiveness
and
efficiency
of
disaster
risk
and
vulnerability
reduction
management
processes
across
all
government
levels,
including
those
offices
which
manage
peace
processes
and
conflict-resolution
approaches,
so
as
to
minimize
loss
of
lives
and
damage
to
properties
and
ensure
that
communities
in
conflict
zones
can
immediately
resume their normal lives at the conclusion of episodes of
intermittent conflicts;
(11)
Adopt
a
disaster
risk
and
vulnerability
reduction
and
management
approach
that
is
holistic,
comprehensive,
integrated,
and
proactive in lessening the socioeconomic and
environmental
impacts
of
disasters
including climate change,
and promote the involvement and participation of all sectors
and
all
stakeholders concerned, at alt levels,especially the
local community;
(12)
Prioritize
the
development
of
disaster
prevention
and
mitigation
measures
involving
all
levels
of
society
and
government;
(13)
Adopt
risk
sharing
and
risk
transfer
mechanisms
to
ensure
the
appropriate,
efficient,
and
timely
recovery
of
disaster-stricken communities, especially for the poorest and
most vulnerable;
(14)
Adhere
to
the
principle
of
"Build
Forward
Better"
in
recovery
and
rehabilitation
efforts
by
applying
sustainable
standards,
programs,
technologies,
and
techniques
which
enhance resilience against future hazards;
(15) Recognize and respond to the differentiated concerns and
needs of vulnerable groups such as women and girls, children
and
youth,
older
persons,
persons
with
disabilities,urban
poor,
and
indigenous
peoples
with
respect
to
disaster
risk
reduction and management, at the same time, recognizing their
inherent capacities to contribute to resilience;
(16)
Create
an
enabling
environment
for
substantial
and
sustainable
participation
of
civil
society
organizations
(CSOs),
private
groups,
volunteers
and
communities,
and
recognize
their
contributions to the disaster risk reduction
and management efforts of the government;
(17)
Ensure
the
use
of
advanced
science
and
the
most
up-to-date
technologies
in
climate
change
adaptation,
disaster
risk,
and
vulnerability
reduction
and
management
through
engagement,
consultation,
and
employment
with
a
regular
department
funding
of
academe
or
higher
education
4


institutions,
such
as
the
University
of
the
Philippines
Resilience
Institute,
University
of
the
Philippines
Nationwide Operational Assessment of Hazards Center and other
scientific
research
and
academic
institutions
that
have
a
track
record
and
expertise
recognized
both
locally
and
internationally
as
well
as
the
capacity
to
implement
the
science
and
engineering
requirements
necessary for effective
climate
change
adaptation,
and
disaster
risk
and
vulnerability reduction;
(18)
Ensure
workerS
rights
are
proactively
respected
during
the
disaster
preparedness
and
response,
and
actively
engage
workers'
and
employers' organizations to share expertise and
capacities
in
disaster
risk
reduction
and
climate
change
adaptation programs;
(19)
Ensure
transparency
and
accountability
in
climate-disaster
risk
governance
by
facilitating
access
to
financial
records
of
public
funds
and
disaster
risk
and
vulnerability
reduction
and
management
data,
and
ensure
the
transparency of humanitarian assistance from all sources,
(20)
Adopt
and
manage
a
mechanism
for
the
effective
resolution
of
climate
change,
disaster
risk,
and
vulnerability reduction and management related grievances;
(21)
Recognize
families
as
the
most
basic
unit
of
disaster
risk
and
vulnerability
reduction
and
management
and
climate
change
adaptation
by
developing
the
capacity
of
local
institutions and providing technical assistance and financial
support to the most vulnerable communities;
(22)
Ensure
that
the
best
possible
assistance
and
services
are
delivered
to
individuals
and
families
affected
by
disaster
and
emergency
rehabilitation
projects
to
guarantee
the resumption of normal social and economic activities;
(23)
Establish
and
maintain
the
National
Loss
and
Damage
Registry; and
(24)
Mainstream
gender
and
social
inclusion
in
all
aspects
of
the
Department
of
Disaster
Resilience
work
from planning, monitoring, to evaluation.
(b) Roles and Responsibilities of Stakeholders. The commitment,
goodwill, knowledge
experience, and resources of relevant
stakeholders are critical to realize a safer, adaptive, resilient and
inclusive Filipino community. Citizens shall have the shared vision
and duty to provide support to the State in the implementation of
policies and programs, particularly the Disaster Resilience Framework
and Plan at the national, regional and local levels.
(1)
Civil
society
organizations,
nongovernmental
organizations,
international
nongovernmental
organizations,
private
sector,
practitioners
of
climate
and
disaster
mitigation,
organized
voluntary
work
organizations
and
community-based
organizations
shall
participate,
in
collaboration
with
public
institutions,
to,
inter
alia
provide
specific
knowledge
and
pragmatic
guidance
in
the
context
of
the
development
and
implementation
of
normative
frameworks,
standards
and
plans
for
disaster
risk
and
vulnerability
reduction;
engage
in
the
implementation
of
local,
national,
regional,
and
global
plans
and
strategies;
contribute
to
and
support
public
awareness,
a
culture
of
protection,
prevention
and
conservation,
and
education
on
5


disaster risk; and advocate for resilient communities and an
inclusive and whole of society risk reduction and management
which
shall
strengthen
the
synergies
across
groups,
as
appropriate;
(2)
Women
and
girls
shall
contribute
to
and
participate
in
effectively managing disaster risk and designing, resourcing,
and
leading
implementation of gender sensitive disaster risk
and
vulnerability
reduction
and
management
policies,
plans,and programs;
(3) Children and the youth as agents of change shall endeavor
to
actively
contribute
to
disaster
risk
and
vulnerability
reduction, in accordance with legislation, national practice,
and
educational
curricula;
disaster
risk
reduction
and
management
at
all
levels
and
processes
of
disaster risk and
vulnerability
reduction
and
anticipatory
adaptation,
including
data
gathering,planning,programming,
budgeting,
implementation, monitoring and evaluation;
(4) For citizens having years of knowledge, skills on climate
change adaptation and disaster risk reduction and wisdom are
invaluable
assets
to
reducing
disaster
risk,
and
shall
therefore
participate
in
the
design
of
policies,
plans
and
mechanisms, including those for early warning;
(5) Persons with disabilities, through their existing network
or
organizations,
shall participate in activities related to
assessment,
programming,
and the designs of policies, plans,
and mechanisms;
(6)
Migrants
shall
contribute
to
the
resilience
of
communities
and
societies
using
their
knowledge,
skills
and
capacities in the design and implementation of disaster risk
and vulnerability reduction and climate change adaptation;
(7)
Indigenous
peoples
and
Muslim
Filipinos,
through
their
practical
experience
and
traditional
knowledge,
shall
contribute to the development and implementation of policies,
plans and mechanisms, including those for early warning;
(8)
Urban
and
rural
poor
shall
contribute
to
resilience
building as well as in the promotion of a more inclusive and
transformative
resettlement
for
informal
settler families in
reducing
their
vulnerability
to
threats
of
disaster
and
climate
risks
through
state
and
non-state
programs;
Farmers
and
fisherfolk
shall
contribute
to
the
promotion
and
protection of the environmental resource management that will
secure
food
and nutrition resilience through the integration
of disaster risk and vulnerability reduction into sustainable
development policies and planning;
(10)
Emergency
responders,
community
practitioners,
and
organized
volunteer
organizations
shall
contribute
to
resilience
by
providing
timely
and
efficient
emergency
response and providing training on basic life support, first
aid, and search and rescue, in accordance with the standards
provided
by
the
Research,
Education,
and
Training
Institute
of the Department;
(11)
Academic
and
scientific
and
research
entities
and
networks
are
encouraged
to
focus
their
research
efforts
on
disaster
risk
factors
and
scenarios,
including
emerging
disaster
risks,
in
the
medium-
and
long-term;
partner
with
government
and
increase
research
for
regional,
national
and
local
application;
support
action
by
local
communities
and
6


authorities;
and
support
the
interface
between
policy
and
science for decision-making;
(12) Businesses, private sector financial institutions,
professional
associations,
as
well
as
philanthropic
foundations
together
with
financial
regulators
shall
be
encouraged
to
integrate
disaster risk management, including business continuity, into
business
models
and
core
business
values
and
practices
via
disaster risk-informed investments,especially in micro, small
and medium-sized enterprises; engage in awareness-raising and
training
for
their
employees
and
customers;
engage
in
and
support
research
and
innovation
as
well
as
technological
development
for
disaster
risk
management;
share
and
disseminate
knowledge,
practices
and
data;
and
actively
participate,
as
appropriate
and
under
the
guidance
of
the
public sector, in the development of normative frameworks and
technical
standards
that
incorporate
disaster
risk
management; and
(13) The media shall take an active and inclusive role at the
local,
regional,
and
national
levels
in
contributing
to
the
raising of public awareness and understanding,and disseminate
accurate
disaster
risk,
hazard
and
disaster
information,
including on small-scale disasters, in a simple, transparent,
easy-to-understand
and
accessible
manner,
in
close
cooperation
with
national
and
local
authorities;
adopt
specific disaster
risk
and
vulnerability
reduction
communication
policies;
support,
as
appropriate,
early
warning
systems
and
life-saving
protective
measures; and stimulate a culture of
prevention
and
strong
community
involvement
in
sustained
public
education
campaigns
and
public
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
climatic
stimuli
or
their
effects, which moderates harm or exploits beneficial opportunities.
(b)
Assisting
Actor
refers
to
any
Assisting
International
Actor
and
any
Assisting Domestic Actor responding to a disaster in the
country.
(c)
Assisting
Domestic
Actor
refers
to
any
not-for-profit entity
established under domestic laws, which is responding to a disaster
in the country.
(d)
Assisting
International
Actor
refers
to
any
foreign
state,
organization,
entity
or
individual
responding
to
a
disaster
within or transiting through the country to respond to a disaster
in another country.
(e) Build Forward Better refers to an approach to building and/or
reconstructing
an area or community, which entails a shift from
simple
recovery
and
restoration
to
safer,
more
adaptive,
resilient, and inclusive communities.
(f) Capacity refers to the combination of all strengths, attributes
and
resources
available within a community, society or organization
7


that can reduce the level of risk, or impacts of a disaster. Capacity
may include infrastructure and physical means, institutions, societal
coping abilities, as well as human knowledge, skills and collective
attributes
such
as
social
relationships, leadership and management.
Capacity may also be described as capability.
(g)
Civil
Society
Organizations
(CSOs)
refer
to
non-state
actors
whose
aims
are
neither
to
generate
profits
nor
to
seek
governing
power,
but
to
unite
people
to
advance
shared
goals
and
interests.
They
have
a
presence
in
public
life,
expressing
the
interests
and
values
of
their
members
or
others,
based
on
ethical,
cultural,
scientific,
religious
or
philanthropic
considerations.
CSOs
include
nongovernment
organizations
(NGOs),
professional
associations,foundations,
independent
research
institutes,
community-based
organizations
(CBOs),
faith
based
organizations,
people's organizations, social movements, and labor unions.
(h)
Climate
Change
refers
to
a
change
in
the
state
of
the
climate
that can be identified by changes in the mean and/or the variability
of its properties, and that persists in an extended period, typically
decades or longer, whether due to natural variability or as a result
of
human
activity as defined under Republic Act No. 9729, otherwise
known
as
the
"Climate
Change
Act
of
2009".
These
include
internal
processes or external forces such as modulation of the solar cycles,
volcanic
eruptions
and
persistent
anthropogenic
changes
in
the
composition of the atmosphere or in land use.
(i) 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.
(j)
Climate
Finance
refers
to
finance
that
aims
at
reducing
emissions,
and
enhancing
sinks
of
greenhouse
gasses
and
aims
at
reducing
vulnerability
of,
and
maintaining,
and
increasing
the
resilience
of,
human
and
ecological
systems
to
negative
climate
change impacts.
(k) Community-Based Disaster Risk Reduction and Management (CBDRRM)
refers to a process of disaster risk reduction and management in which
at risk communities are actively engaged in the identification,
analysis, treatment, monitoring and evaluation of disaster risks in
order to reduce their vulnerabilities and enhance their capacities,
and where the people are at the heart of decision-making and
implementation of disaster risk reduction and management activities.
(1) Complex Emergency refers to a form of human-induced emergency
in which the cause of the emergency as well as the assistance to
the
afflicted
is
complicated
by
intense
level
of
political
considerations.
(m)
Contingency
Planning
refers
to
a
management
process
that
analyzes specific potential events or emerging situations that might
threaten society or the environment and establishes arrangements in
advance
to
enable
timely,
effective
and
appropriate
responses
to
such events and situations.
8


n)
Dangerous
Anthropogenic
Interference
refers
to
the
effect
in
the climate system as a result of the increase of greenhouse gas
concentrations in the atmosphere that leads to widespread climate
change impacts such as widespread demise of coral reefs.
(o) Disability refers to an evolving concept that results from the
interaction between persons with impairments, societal barriers, as
defined
under
Republic
Act
No.
7277,
and
attitudinal
and
environmental
barriers
that
hinder
their
full
and
effective
participation in society on an equal basis with others.
(p) Disaster refers to a serious disruption of the functioning of a
community
or
a
society
involving
widespread
human,
material,
economic
or
environmental
losses
and
impacts, which
exceeds
the
ability of the affected community or society to cope using its own
resources.
(q) 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.
(r)
Disaster
Preparedness
refers
to
the
knowledge
and
capacities
developed
by
governments,
professional
response
and
recovery
organizations, communities and individuals to effectively anticipate,
respond
to,
and
recover
from,
the
impacts
of
likely,
imminent
or
current
hazard
events
or
conditions.
It
includes
preparedness
for
response
such
as
contingency
planning,
stockpiling
of
equipment
and
supplies,
the
development
of
arrangements
for
coordination,
evacuation, and public information, and preparedness for recovery such
as procurement of land for resettlement sites.
(s)
Disaster
Prevention
refers
to
the
outright
avoidance
of
adverse
impacts
of
hazards.
It
expresses
the
concept
and
intention
to
completely
avoid
potential
adverse
impacts
through
action
taken
in
advance
such
as
construction
of
dams
or
embankments
that
eliminate
flood risks, land-use regulations that do not permit any settlement in
high-risk zones,
and
seismic
engineering
designs
that
ensure
the
survival and function of a critical building in any likely earthquake.
(t)
Disaster
Response
refers
to
the
provision
of
emergency
services
and public assistance during or immediately after a disaster in order
to secure and save lives, reduce health impacts, ensure public safety
and meet the basic subsistence needs of the people affected. Disaster
response includes disaster relief focused on immediate and short-term
needs of the victims and the vulnerable.
(u) Disaster Risk refers to the potential disaster losses in lives,
health status, livelihoods, assets and services that could occur to
a particular community or society in the future, and is determined by
a combination of the vulnerability, capacity, exposure of persons
and assets, hazard characteristics and the environment.
(v)
Disaster
Risk
Governance
refers
to
the
way
in
which
public
authorities, civil servants, media, private sector, and civil society
coordinate
at
community,
national
and
regional
levels
in
order
to
manage
disaster
and
climate
related
risks.
This
means
ensuring
that
9


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.
(w)
Disaster
Risk
Management
refers
to
the
systematic
process
of
using
administrative
directives,
organizations,
and
operational
skills and capacities to implement strategies, policies and improved
coping capacities in order to lessen the adverse impacts of hazards
and the possibility of disaster.
(x)
Disaster
Risk
Reduction
refers
to
the
concept
and
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.
(y)
Disaster
Risk and Vulnerability Reduction (DRVR) refers to the
concept and practice of reducing potential loss of life, injury, or
destroyed
or
damaged
assets
or
disruption
which
could
occur
to
a
system,
society
or
a
community
in
a
specific
period
of
time,
determined probabilistically and conditions determined by physical,
social,
economic
and
environmental
factors
or
processes
which
increase the susceptibility of an individual, a community, assets or
system
to
the
impacts
of
hazards
through
systematic
efforts
to
analyze
and
reduce
the
causal
factors
of
disasters
all
of
which
contribute
to
strengthening
resilience
and
therefore
to
the
achievement of sustainable development.
(z)
Disaster
Risk
Reduction
and
Management
Information
System
refers
to
a
specialized
database
which
contains,
among
others,
information
on
disasters
and
their
human,
material
economic,
and
environmental
impact,
risk
assessment
and
mapping,
and
vulnerable
and marginalized groups.
(AA)
Early
Warning
System
refers
to
the
set of capacities needed to
generate and disseminate timely and meaningful warming information to
enable
individuals,communities
and
organizations
threatened
by
a
hazard to prepare and to act appropriately and in sufficient time to
reduce
the
possibility
of
harm
or
loss.
A
people-centered
early
warning system necessarily comprises four (4) key elements: knowledge
of
the
risks;
monitoring,
analysis
and
forecasting
of
the
hazards;
communication or
dissemination
of
alerts
and
warnings;
and
local
capabilities
to
respond
to
the
wamings
received.
The
concept
of
"end-to-end
warning
system"
emphasizes
that
warming
systems
need
to
span
all
steps from
hazard detection to community response. Early warning systems include
systems developed at the level of communities or based on indigenous
knowledge.
(bb) Ecosystem Management and Restoration refers to an integrated
process
to
conserve,
improve
and
restore
the
health
of
the
ecosystem that sustains ecosystem services for human well-being.
10


(cc) Eligible Assisting Actor 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.
(dd)
Emergency
refers
to
unforeseen
or
sudden
occurrence,
especially danger, demanding immediate action.
(ee)
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.
(ff) Exposure refers to the degree to which the elements at risk
are likely to experience hazard events of different magnitudes.
(gg)
Gender-Based
Violence
refers
to
violence
that
is
directed
against
a
woman
because
of
her
gender,
or
that
affects
women
disproportionately.
It
includes
acts
that
inflict
physical,
mental
or
sexual
harm
or
suffering,
threats
of
such
acts,
coercion and other deprivations of liberty.
(hh) Geographic Information System (GIS) refers to a system used
to
capture,
store,
manipulate,
manage
and
display
all
types
of
spatial or geographical data.
(ii) Geographically Isolated and Disadvantaged Area (GIDA) refers
to
areas
With
a
marginalized
population
which
is physically and
socioeconomically
separated
from
the
mainstream
society
and.
characterized by physical factors, and isolated due to distance,
weather
conditions
and
transportation
difficulties
in
island,
upland
lowland,
landlocked,
hard
to
reach
and
underserved
communities;
and/or
socioeconomic
factors
such
as
high
poverty
incidence,
presence
of
vulnerable
sectors,
communities
in
or
recovering from situations of crisis or armed conflict.
(jj)
Hazard
refers
to
a
dangerous
phenomenon,
either natural or
human-induced,
that
may
cause
loss
of
life,
injury
or
other
health impacts, property damage, loss of livelihood and services,
social and economic disruption, or environmental damage.
(kk) Human-Induced Hazard refers to an event caused by humans and
occurs
in
or
close
to
human
settlements
or
a
particular
environmental
area.
This
can
include
environmental
degradation,
technological or industrial conditions, pollution, accidents such
as
high
density
events,
industrial
and
transport
accidents,
complex emergencies, armed conflict, situations of generalized or
organized violence, and violation of human rights.
(ll) Imminent Danger refers to a situation where, on the basis of
official
forecasts,a
disaster
will
or
is expected to occur in a
particular
geographical
area
and
within
an
estimated
period
of
time,
and
where
necessary
preparedness
actions
or
financing
are
required.
(mm)
International
Disaster
Relief
and
Initial
Recovery
Period
refers
to
the
period
which
commences
upon
the
issuance
of
a
11


request
for
international disaster assistance or upon acceptance
of
an
offer,
and
shall
continue
until
terminated
pursuant
to
guidelines set in the implementing rules and regulations.
(nn)
Internally
Displaced
Persons
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.
(oo)
International
Personnel
refers
to
the
staff
and
volunteers
of
any
assisting
actor
providing
disaster
relief
or
initial
recovery
assistance,
being
persons
who
are
neither
citizens
of,
nor
domiciled
in
the
Philippines
prior
to
their
recruitment
by
the international assisting actor.
(pp) Land-Use Planning refers to the process undertaken by public
authorities to identify, evaluate and decide on different options
the
use
of
land,
including
consideration
of
long-term
economic,
social
and
environmental
objectives
and
the
implications
for
different
communities
and
interest
groups,
and
the
subsequent
formulation and promulgation of plans that describe the permitted
or acceptable uses.
(qq)
Legal
Facilities
refer
to
special
entitlements
and
exemptions
that
are
made
available
to
eligible
assisting
actors
under this Act.
(rr)
Mitigation
refers
to
effort
to
reduce
or
limit
greenhouse
gas emissions or enhance greenhouse gas sequestration.
(ss)
National
Continuity
Policy
refers
to a policy aimed at the
development of an organizational culture that has the ability to
provide
a
minimum
level
of
service
during
interruptions,
emergencies,
and
disasters,
and
return
to
full
operations
quickly.
(tt)
National
Disaster
Risk
Reduction
and
Management
Framework
refers
to
the
comprehensive,
all
hazards,
multi-sectoral,
inter-agency
and
community-based
approach
to
disaster
risk
reduction and management
(uu)
National
Disaster
Resilience
Plan
(NDRP)
refers
to
the
document
to
be
formulated
by
the
National
Disaster
Resilience
Council
(NDRC)
and
implemented
by
the
Authority
that
sets
out
goals
and
specific
objectives
for
reducing
disaster
risks
together with related actions to accomplish these objectives. The
NDRP
shall
provide
for
the
identification
of
hazards,
vulnerabilities,
and
risks
to
be
managed
at
the
national
level;disaster
risk
reduction
and
management
approaches
and
strategies
to
be
applied
in
managing
said
hazards
and
risks;
agency
roles,
responsibilities
and
lines
of
authority
at
all
government
levels;
and
vertical
and
horizontal
coordination
of
disaster
risk
reduction
and
management
in
the
pre- disaster and
12


post-disaster phases. It shall be in conformity with the national
disaster risk reduction and management framework.
(vv)
Natural
Hazard
refers
to
naturally
occurring
physical
phenomena
caused
either
by
rapid
or slow onset events which can
be
geological
such as earthquakes, ground rupture, 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
Nifio,
La
Nina,
forest
fires,
or
biological such as disease, epidemics and insect/animal plagues.
(ww)
Open
Data
refer to facts and statistics that can be freely
used,
shared
and
built-on
by
anyone,
anywhere,
for any purpose.
These
must
be
available
in
bulk,
should
be
available
free
of
charge,
or
at
least
at
no
more
than
a
reasonable
reproduction
cost. The information should be digital, preferably available by
downloading
through
the
internet,
and
easily
processed
by
a
computer.
These
must
permit
people
to
use,
reuse,
and
redistribute,
intermix
with
other
data
providers.
These
do
not
allow
conditions
to
be
placed
on
how
people
can
use
Open
Data,
but permit a data provider to require 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.
(xx)
Persons
with
Disabilities
refer
to
individuals
who
have
long-term
physical, mental,
intellectual
or
sensory
impairments
which in interaction with various barriers may hinder their full
and
effective
participation
in
society
on
an
equal
basis
with
others.
(yy) Pre-Disaster Risk Assessment refers to a process to evaluate
a
hazard's
level
of
risk
given
the
degree
of
exposure
and
vulnerability
in
a
specific
area
likely
to
be
affected
by
an
imminent
hazard.
It
presents
the
possible
impacts
on
the
population
and
provides
a
basis
to
determine
the
appropriate
level
of
response
actions
of
government
agencies
from
the
national to the local levels. It is hazard-specific, area focused
and time-bound.
(zz)
Post-Disaster
Recovery
refers
to
the
restoration
and
improvement,
where
appropriate,
of
facilities,
livelihood,
and
living
conditions
of
disaster-affected
communities,
including
efforts
to
reduce
disaster
risk
factors,
in
accordance with the
principle of "Build Forward Better".
(aaa)
Private
Sector refers to private corporations, households,
non-profit
institutions
serving
households,
and
other
economic
enterprises outside of government.
(bbb)
Public
Sector
Employee
refers
to all persons in the civil
service.
(ccc) Recovery refers to rehabilitation measures that ensure the
ability of affected communities or areas to restore their normal
level
of
functioning
by
restoring
livelihoods
and
services,
13


reconstructing
damaged
infrastructures
and
increasing
the
communities organizational capacity.
(ddd) Resilience refers to the ability of a system, community or
society
exposed
to
hazards
to
resist,
absorb,
adapt
to,
transform, accommodate, and recover from the effects of a hazard
in
a
timely
and
efficient
manner,
including
through
the
preservation and restoration of its essential basic structures and
functions
through
risk
management
in
such
ways
as
to
enhance
their capacities to withstand current and future risk.
(eee)
Response
refers
to
any
effort
to
provide
assistance
or
intervention
during
or
immediately
after
a
disaster
to meet the
life preservation and basic subsistence needs of affected people
and
in
the
restoration
of
essential
public
activities
and
facilities.
(fff) Risk Assessment refers to 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.
(ggg)
Probabilistic
Risk
Assessment
refers
to
the
simulation
of
those
future
disasters
based
on
scientific
evidence,
which
are
likely to occur. As a result, these risk assessments resolve the
problem
posed
by
the
limits
of
historical
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.
(hhh) Deterministic Risk Assessment refers to an assessment that
considers
the
possible
disaster
impacts
of
a
single
scenario.
This
is
in
contrast
to
probabilistic
risk
assessment
which
considers
all
possible
scenarios,
their
likelihood,
and
associated impacts.
(iii)
Risk
Transfer
refers
to
the
process
of
formally
or
informally
shifting
the
financial
consequences
of
particular
risks
from
one
party
to
another
whereby
a household, community,
enterprise,
or
state
authority
will
obtain
resources
from
the
other
party
after
a
disaster
occurs, in exchange for ongoing or
compensatory social or financial benefits provided to that other
party.
(jjj)
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.
14


(kkk) Sustainable Development refers to development that meets the
needs
of
the
present
without
compromising
the
ability
of
future
generations to meet their own needs.
(lll)
Vital
Facility
items refer to government risk reduction and
preparedness equipment, accessories and other items such as radars,
weather
forecasting
equipment,
flood
monitoring
instruments,
seismographs,
tsunami
warning
systems,
and
automated
weather
systems.
(mmm) Vulnerability refers to the characteristics and circumstances
of
a
community, system
or
asset
that
make
it
susceptible
to
the
damaging effects of a hazard. Vulnerability may arise from various
physical, social, economic, and environmental factors.
(nnn) Vulnerable and Marginalized Groups refer to those who are at
risk
due
to
poverty
and
other
underlying
risk
factors
including
women, children, the elderly, differently-abled people, and ethnic
minorities.
(ooo)
Whole-of-Society
Approach
refers
to
the
meaningful
participation and synergy of stakeholders that represent different
interests in all aspects of climate change adaptation, and disaster
risk reduction and management across all levels.
(ppp)
Whole-of-Government
Approach
refers
to
an
approach
that
integrates the collaborative efforts of the government departments
and
agencies
to
achieve
unity
of
effort
toward
a
shared
goal
to
broaden
the
government's
options,
and
increases
efficiency
to
maximize all available resources in a collaborative effort.
(qqq) Whole-of-Nation Approach refers to an approach that seeks to
bring about a concerted effort towards national peace and security
by creating consensus and understanding of security that is shared
not
just
among
core
security
forces
and
oversight
government
institutions,
but
also
by
civil
society
and
all
the
nation's
communities.
(rrr)
Youth
refers
to
those
persons
aged
fifteen
(15)
to
thirty
(30)
years
old,
as
provided
for
under
Republic
Act
No.
8044,
otherwise known as "Youth in Nation-Building Act".
CHAPTER II DEPARTMENT OF DISASTER RESILIENCE
SEC.
4.
Creation
of
the
Department
of
Disaster
Resilience.
—There
is
hereby
created
a
Department
of
Disaster
Resilience,
hereinafter referred to as the Department.
The
Department
shall
be
the
primary government agency responsible
for leading, organizing, and managing the national effort to reduce
disaster
risk,
prepare
for
and
respond
to
disasters,
recover
and
rehabilitate,
and
"Build
Forward
Better"
after
the
occurrence
of
disasters.The
Department
shall
oversee
and
coordinate
the
preparation,
implementation,monitoring,
and evaluation of disaster
and
climate
change
resilience
plans,
programs,projects,
and
activities,
provide
leadership
in
the
continuous
development
of
strategic
and
systematic
approaches
to
disaster
prevention,
mitigation, preparedness, response, recovery and rehabilitation, to
15


anticipatory
adaptation
strategies,
measures,
techniques
and
options.
The
Department
shall
augment
the
capacity
of
LGUs
in
collaboration
with
relevant
national
government
agencies
and
other
stakeholders
to
implement
disaster
risk
reduction
and
management
and
climate
change
action
plans,
programs,
projects,
and activities.
SEC.
5.
Powers and Functions of the Department. — The Department
shall exercise and perform the following powers and functions;
(a) Risk Reduction
(1)
Oversee,
direct,
and
undertake
programs
and
projects
to
identify,
assess,
prioritize
and
localize
hazards
and
risks
in
the
country,
in
consultation
with
national
government
agencies,LGUs,
communities, and stakeholders that shall be involved in disaster risk
reduction efforts;
(2)
Monitor
and
ensure
the
integration
of
disaster
risk
and
vulnerability
reduction
and
management
and
climate
change adaptation
policies into national development plans;
(3) a Design and implement an incentive system for greater private
and
public
investment,
both
local
and
national,
in
disaster
risk
reduction;
(4)
Oversee
and
ensure
the
mainstreaming
of
climate
change
adaptation
and
disaster
risk
reduction
in
development
planning,
including disaster-proofing and climate-proofing of land-use plans and
the preparation of contingency plans;
(5) Create an enabling environment for the design of relevant and
appropriate risk-sharing and risk-transfer instruments;
(6)
Create
an
enabling
environment
that
shall
promote
broader
multi-stakeholder
participation
and
integrate
climate
change
mitigation,
adaptation,
and
disaster
risk
and
vulnerability
reduction;
(7)
Coordinate
directly
with
LGUs
and
private
entities
to
address climate vulnerabilities and disaster risk assessment (CVDRA)
of regions and provinces at the meso-scale, cities and municipalities
at the micro-scale, and barangays at the meta-scale;
(8)
Establish
and
monitor
local
and
national
capacity
for
disaster
risk
financing
and
insurance
and
other
risk
transfer
strategies
in
coordination
with
the
Department
of
Finance
(DOF),
the
Government
Service
Insurance
System
(GSIS),
and
the
Land
Bank
of
the
Philippines (LBP);
(9)
Formulate
the
National
Disaster
Resilience
Framework,
National Disaster Resilience Plan, and the National Continuity Policy;
(10)
Oversee
and
direct
the
comprehensive
implementation
of
disaster
risk
reduction
and
climate
change
adaptation
and
mitigation
policies,
plans,
and
programs,
as
embodied
in
the
National
Disaster
Resilience Framework and National Disaster Resilience Plan;
(11)
Coordinate
directly
with
LGUs
and
private
entities
to
address Disaster Risk Assessment (DRA) of regions and provinces at the
meso-scale, cities and municipalities at the micro-scale, and barangays
at the meta-scale; and
(12)
Review
and
evaluate
local
disaster
resilience
plans
and
other
local
plans
to
ensure
their
consistency
with
the
Climate-Disaster Resilience Framework and Plan.
(b) Disaster Preparedness and Response
16


(1) Oversee and maintain a national early-warning and emergency
alert
system
that
shall
provide
accurate,
timely,
and
accessible
information
to
national
and
local
emergency
response
organizations
and the general public;
(2)
Coordinate
information-sharing
and
other
risk
reduction
protocols following the principle of interoperability among national
government agencies and LGUs;
(3)
Establish
and
maintain
a
national
humanitarian
logistics
system
with
a
network
of
warehouses,
transport,
and
resources,
including response assets and disaster relief items, such as food and
non-food items,
(4)
Exercise
command
and
control
over
relevant
government
agencies,
including
government-owned
and
-controlled
corporations,
the
Philippine
National
Police
and
other
law
enforcement
agencies,
during an imminent or actual disaster. Such command and control shall
include
the
authority
to
utilize
available
services,
assets,
equipment, personnel, facilities, and other resources;
(5)
Call
on
the
reserve
force,
as
defined
in
Republic
Act
No.
7077, otherwise known as the "Citizen Armed Force or Armed Forces of
the
Philippines
Reservist
Act',
to
assist
in
relief
and
rescue
operations during disasters;
(6)
Work
with
the
private
sector
and
CSOs
for
assistance
with
regard to the use of facilities and resources for the protection and
preservation of life and property;
(7)
Implement
pre-disaster
risk
assessments,
to
include
deployment
of
rapid
assessment
teams
to
gather
information
for
precise
actions
as
a
basis
for
emergency
preparedness
and
humanitarian response;
(8)
Organize,
train,
equip,
and
maintain
a
system
of
response
capacity
for
search,rescue,
and
retrieval,
and
the
delivery
and
distribution of relief goods;
(9)
Monitor
and
support
LGUs
in
the
management
of
evacuation
centers
and
ensure
the
welfare
and
dignity
of
internally-displaced
persons;
(10)
Procure
goods
and
services
during
emergencies,
in
accordance with existing emergency procurement rules and regulations;
(11)
Issue
special
procurement
rules
and
regulations
for
preparedness,
response,
and
recovery
activities,
including
those
prompted
by
a
declaration
of
a
state
of calamity or of an imminent
disaster; and
(12)
Assist
in
mobilizing
the
necessary
resources
to
increase
the overall capacity of LGUs, specifically those with low income and
situated in high-risk areas.
(c) Rehabilitation and Recovery
(1) Prepare, organize, lead, implement, and manage post-disaster
assessment and recovery and rehabilitation programs, in coordination
with
the
affected
LGUs,
national
government
agencies,
and
other
stakeholders;
(2) Implement the cluster
approach
to
expedite
reconstruction
efforts
and
orchestrate
and
serve
as
the
clearinghouse
for
the
participation of assisting actors in such efforts; and
(3)
Ensure
that
the
principle
of
"Build
Forward
Betted'
is
applied to rehabilitation and recovery efforts.
(d) Other Powers and Functions
(1)
Provide
or
designate
a
secretariat
to
the Climate Change
Commission;
17


(2)
Establish
and
monitor
local
and
national
capacity
for
climate-disaster
risk
financing
and
insurance
and
other
risk
transfer strategies in coordination with the Department of Finance
(DOF), the Government Service Insurance System (GSIS), and the Land
Bank of the Philippines (LBP);
(3) Coordinate information-sharing and other disaster risk and
vulnerability
reduction
and
climate
change
adaptation
protocols
following
the
principle
of
interoperability
among
national
government agencies and LGUs before, during, and after a disaster.
Administer,
oversee,
and
monitor
the
utilization
of
the
National
Disaster
Resilience
Fund
(NDRF),
the
Disaster
Resilience
Support
Fund
(DRSF)
for
third
(3rd)
to
sixth
(6th)
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
third
(3rd)
to
sixth
(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
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
18


(6) Establish a disaster resilience information system to
facilitate the creation of an integrated risk assessment platform
that is built from the inputs of government and private
scientific and academic institutions, national government
agencies and LGUs, local communities and other stakeholders, and
is able to provide readily accessible and actionable information
for purposes of risk governance and humanitarian action;
(7) Develop the criteria and procedure for the enlistment of
accredited
community
disaster
resilience
volunteers
and
institutions;
(8)
Create
and
continuously
update,
in
consultation
with
stakeholders,
a
manual
of
operations
for
accredited
community
disaster resilience volunteers and institutions; and
(9) Perform such other functions as may be necessary for the
effective implementation of this Act.
CHAPTER III
GENERAL WELFARE AND EMERGENCY MEASURES
SEC.
6.
General
Welfare.
—
The
Department
shall
exercise
the
powers expressly granted, those necessarily implied therefrom, as
well
as
the
powers
necessary,
appropriate or incidental for its
efficient and effective governance, and those which are essential
to
the
promotion
of
the
general
welfare,
such
as
the
implementation
of
emergency
measures
including
preemptive
and
forced
evacuation,
in
anticipation
of,
during,
and
in
the
aftermath
of
emergencies,
hazards
and
disasters
and
only
when
there
is
imminent
danger
of
loss
of
lives
and/or
damage
to
property.
SEC.
7.
Emergency
Measures
at
the
National
Level.
—
The
Department may require the assistance of law enforcement agencies
and the uniformed services, such as the PNP and the APP, as well
as
emergency
responders,
to
assist
in
the
implementation
of
emergency measures.
SEC._ 8. Emergency Measures at the Local Level. —
(a)
LGUs
shall
enact
an ordinance on and implement through
the
Local
Disaster
Resilience
Office
(LDRO)
the
necessary
and
appropriate
emergency
measures,
including
preemptive
and
forced
evacuation,
in
anticipation
of,
during,
and in the aftermath of
emergencies,
hazards
and
disasters,
and
only
when
there
is
imminent danger of loss of lives and/or damage to property.
(b)
Emergency
measures,
including
preemptive
and
forced
evacuation,
shall
be
carried
out
in
a
manner
that
is
humane,
respectful
of
the
dignity
and
culture of persons, without using
disproportionate
force,
without
discrimination,
and
with
conscious
attention
to
the
needs
of
vulnerable
and marginalized
groups.
(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 15
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 or the
Department
from
any
liability
for
injury,
death,
damage
to
or
loss of property attributed to said disobedience.
(b) During evacuation, priority assistance shall be given to the
vulnerable groups and persons who willfully comply with the order
of forced evacuation.
SEC.
11.
Inspection
and
Implementation
Powers.
—
The Department
shall
have
inspection,
visitorial
and
examining
authority
over
government and nongovernmental entities to ensure that all funds
and
assets
allocated
for
disaster
resilience
are
actually
used
for
said
purposes.
The
Department
shall likewise have the power
to inspect and examine the status of projects and programs being
undertaken in furtherance of disaster resilience efforts.
Whenever
it
becomes
necessary,
the
Department
may
assume
responsibility over the implementation of and directly implement
any
program
or
project
in
anticipation
of,
during,
and
in
the
aftermath of emergencies, hazards and disasters.
SEC. 12. Utilization of Private Property for Public Purpose. —The
Department
shall
have
the
power
to utilize any private property
for urgent public purpose in anticipation of, during, and in the
aftermath
of
emergencies,
hazards
and
disasters
and
only
when
there
is
imminent
danger
of
loss
of
lives
and/or
damage
to
property, subject to payment of just
compensation
in
appropriate
cases.
20


SEC. 13. Emergency Powers. —
Whenever
it
becomes
necessary,
the
Department, subject to the approval of the President, may call on
the
AFP
or
the
PNP,
in
coordination
with
the
Secretary
of
National
Defense
and
the
Secretary
of
the
Interior
and
Local
Government,
to
prevent
or
suppress
lawless
violence
and
ensure
the
protection
and
preservation
of
life
or
property
in
anticipation
of,
during,
and
in
the
aftermath
of
emergencies,hazards and disasters.
Whenever warranted by circumstances, the Department may call upon
other
agencies
and
instrumentalities of the government, as well
as
non
government
organizations
for
the
protection
and
preservation of life and/or property in anticipation of, during,
and
in
the
aftermath
of
emergencies,
hazards
and
disasters
including
private
organizations,
for
assistance
in
the
use
of
their facilities and resources.
SEC. 14. Emergency Arrangements. — The Department shall have the
power
to
negotiate,
enter
into,
institutionalize
and
coordinate
arrangements with any private person or juridical entity for the
purpose
of
ensuring
the
adequate
and 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
toss
of
lives
and/or
damage
to
property.
CHAPTER IV
ORGANIZATION AND MANAGEMENT
SEC.
15.
The
Secretary.
—
The
Department
shall
be
headed
by
a
Secretary who shall be appointed by the President.
SEC. 16. Powers and Functions of the Secretary. —The Secretary of
the Department shall exercise the following powers and functions:
(a)
Establish
and
promulgate
policies,
rules,
and
regulations
for the effective and efficient operation of the Department;
(b)
Exercise
executive
direction
over
the
operations
of
the
Department
and
administrative
supervision
over
its
attached
agencies;
(c) Manage the financial and human resources of the Department;
(d)
Appoint
officers
and
employees
of
the
Department,
except
presidential
appointees,
in
accordance
with
civil
service
law,
rules, and regulations;
(e)
Exercise
disciplinary
authority
over
officers
and
employees
of the Department in accordance with law;
(f)
Coordinate
with
other
government
agencies,
the
private
sector,
and
CSOs
on
the
policies,
programs,
projects,
and
activities of the Department, as may be necessary;
(g)
Advise
the
President
on
the
promulgation
of
executive
and
administrative
issuances
and
the
formulation
of
regulatory
and
21


legislative
proposals
on
matters
pertaining
to
disaster
resilience;
(h)
Serve
as
the
Vice-Chairperson
of
the
Climate
Change
Commission (CCC);
i)
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;Call
upon
the
AFP and the PNP to render assistance in
disaster-affected areas; and
(k) Promulgate such rules and regulations and perform such other
functions as may be necessary or proper to attain the objectives
of this Act.
SEC.
17.
Organizational
Structure,
Functions
and
Management.
—
The
Department
shall
be
composed
of
the
following officials and offices:
(a) The Secretary, as provided for under this Act;
(b) Five (5) Undersecretaries, to be appointed by the President,
who
shall
assist
the
Secretary
in
administering
the
affairs
of
the
Department,
one
to be responsible for Resilience, one to be
responsible for Policy and Governance, one to be responsible for
Operations, one to be responsible for Administration and Finance,
and
the
Senior
Undersecretary.
The
Undersecretaries
shall
have
functional
and
operational
supervision
over
the
bureaus,
divisions,
offices
and
units
assigned
to
their
respective
functional areas;
(c)
Ten
(10)
Assistant
Secretaries,
to
be
appointed
by
the
President,
who
shall
assist
the
Secretary
in
administering
the
affairs
of
the
Department
to
be
responsible
for
overall
staff
supervision,
Internal
Audit,
Administration,
Disaster Resilience
Fund
Management,
Fiscal
Management,
Operations,
Mobilization,
Plans
and
Programs,
Legal,Project
Management
and
Sustainable
Development;
(d)
Eleven
(11)
Service
Directors
who
shall
head
the
following
Services:the Administrative and Financial Management Service, the
Logistics
and
Resource
Management
Service,
the
Operations
Service,
the
Responders
Management
Service,
the
Policy
Development
and
Planning
Service,
the
Capacity-Building
and
Training
Service,
the
Legal
Affairs
and
Compliance
Service, the
Disaster Risk Reduction Service, the Climate Change Service, the
Recovery
and
Reconstruction
Service,
and
the
Strategic
Communications Service:
(1)
The
Administrative
and
Financial
Management
Service
shall
provide
the
Department
with
economical,
efficient
and
effective
services
relating
to
human
resource
management
and
development,
financial
management
and
general
administration
22


services to support civil defense and disaster risk reduction and
management operations and functions.
(2)
The
Logistics
and
Resource
Management
Service shall be
responsible for the efficient and effective management of all the
assets
and
resources
of
the
Department;the
efficient
and
effective
gathering,
maintenance
and
updating
of
a
database
of
pertinent assets and resources belonging to any and all agencies
and
instrumentalities
of
the
Government,
as
well
as
non
government
and
civic
organizations
in
support
of
operational
readiness for utilization by the Department; and the procurement
of
necessary
assets
and
resources
to be maintained and utilized
by the Department.
(3)
The
Operations
Service
shall
be
responsible
for
formulating, implementing and monitoring the operational plans of
the Department and ensuring its operational readiness, as well as
the
effective
functional
management
of
the
Emergency
Management
Operations Center.
(4)
The
Responders
Management
Service
shall
be
responsible
for
the
efficient
and
effective
gathering,
management,
and
updating of a national roster of individuals and groups from the
civilian
sector,
volunteer organizations, uniformed services and
the
reserve
force
in
support
of
operational
readiness
for
utilization by the Department.
(5)
The
Policy
Development
and
Planning
Service
shall
be
responsible
for
providing
responsive,
efficient
and
effective
services
relating
to research, planning, programming, budgeting,
project development, and policy formulation of civil defense and
disaster risk reduction and management projects and activities.
(6)
The
Capacity-Building
and
Training
Service
shall
be
responsible
for
building
and
developing
the
capacity
of
the
Department's
personnel,
civil
defense
practitioners, communities
and other stakeholders.
(7)
The
Legal
Affairs
and
Compliance
Service shall provide
legal
advice
to
the
Department;
interpret
laws
and
rules
affecting
the
administration
and
operations
of
the
Department;
prepare
and
review
contracts
and
instruments
to
which
the
Department
is
a
6
party;
interpret
provisions
of
contracts
covering
work
involving
the
Department;
and
monitor
the
compliance with regulatory and reportorial matters involving the
Department.
(8) The Disaster Risk Reduction Service shall be responsible
for
reducing
disaster
risks
through
systematic
efforts
and
programs
of
the
Department
to
analyze
and
reduce
the
causal
factors
of
disasters
such
as
exposure
to
hazards,
lessening
vulnerability of people and property, wise management of land and
the environment, and improving preparedness and early warning for
adverse events which are all examples of disaster risk reduction.
(9) The Climate Change Service shall lead in the development
and
mainstreaming
of
evidence-based
climate
adaptation
and
mitigation
policies
of
the
Department
through
optimum
coordination
among
key
stakeholders
towards
achieving
a
23


climate-resilient
and
climate-smart
Philippines
with
healthy,
safe, prosperous, and self-reliant communities.
(10)
The
Recovery
and
Reconstruction
Service
shall
provide
responsive,
efficient
and
effective
services
relating
to
the
formulation
of
standards
for
rehabilitation
and
recovery
programs,
projects,
activities,
and
their
subsequent
implementation.
(11)
The
Strategic
Communications
Service
shall
be
responsible
for
the
formulation
and
implementation
of
the
strategic
communications
plans
and
programs
of
the
Department;
serve
as
the
public
affairs
arm
of
the
Department
tasked
with
directing,supervising
and
controlling
the
Department's
public
information programs and activities, as well as establishing and
maintaining rapport with the media and the general public;
(e)
Divisions,
units
and
offices
as
may
be
created
by
the
Department and whose officers and employees shall be appointed in
accordance with civil service law, rules, and regulations;
(f)
The
National
Climate
and
Disaster
Resilience
Research,
Education, and Training Institute under the Capacity-Building and
Training
Service,
to
be
headed
by
a
Director
with
the
rank
of
Director IV;
(g) Regional and other field offices of the Department that shall
be
established
in
each
administrative
region, each to be headed
by a Regional Director with the rank of Director;
(h)
Bureaus
that
are
under
the
supervision
and
control
of
the
Department;
(i)
Seconded
personnel
from
relevant
agencies
and
detailed
service from the uniformed services, as appropriate; and
(j)
Grievance
desks
in
every
region,
which
shall
serve
as
a
referral mechanism and shall work jointly with relevant agencies,
to
receive
complaints
from
the
public
regarding
violations
of
this
Act.
It
shall
assist
the
complainant
in
the
gathering
of
relevant
documentation
and
other
evidence
to
support
said
complaint. The
grievance
desk
shall
facilitate
the
forwarding
of
the complaint
to
the
appropriate
office
within
fifteen (15) days from receipt
thereof, and shall provide timely feedback and updates regarding
the
status
of
the
complaint.
The
grievance
desk
shall
use
the
best available technology to ensure that complaints are endorsed
to the proper office and are addressed in a timely manner.
CHAPTER V
FINANCE AND ADMINISTRATION
24


SEC.
18.
Fiscal
Management
-
The
Department
stall
manages
all
funds appropriated to it by Congress and from other sources. This
shall include all donations, as contemplated under the succeeding
paragraph, subject to the provisions of Section 3, paragraph (D)
of Article IX, of the 1987 Constitution on the auditing powers of
the Commission on Audit.
SEC.
19. Donation. - (a) The Department shall have the power to
receive
donations
and
grants
from
any
person,
government
institution,
corporation,
international
organization
and
other
similar
entities,
and
the
power
to recommend the procurement of
developmental assistance
for
the
purpose
of
disaster
risk
and
vulnerability
reduction
and
management
and
climate
change
adaptation;
(b)
It
shall
be
mandatory
for
the
Department to acknowledge and
certify
the
receipt
of
all
Department
of
Disaster
Resilience
(DDR)
grants
and
donated
funds
and
ensure
their
judicious
management including their proper and accurate audit reporting to
constituents;
(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
Modernization
and
Tariff
Act
(CMTA)",
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
Il(c)
of
Republic
Act
No.
10863,
otherwise
known
as
the
"Customs
Modernization
and
Tariff
Act
(CM
TA)"
shall
be
considered
as
importation
or
donation
to
the
Department,
subject
to
the
approval of the Office of the President.
CHAPTER VI
WHOLE-OF-GOVERNMENT AND WHOLE-OF-NATION APPROACH
SEC.
20.
National
Disaster
Resilience
Council.
—
(a)
There
is
hereby
created
the
National
Disaster
Resilience
Council
(NDRC),
which
shall
serve
as the policy advisory body to the Department
on
disaster
risk
reduction
and
management
and
climate
change
adaptation, consistent with the policies and scope as defined in
this Act.
(b)
The
NDRC
shall
be
chaired
by
the
Secretary
of
Disaster
Resilience and shall be composed of the following•
(1)
Secretary
of
Science
and
Technology;
(2)
Secretary
of
the
Interior and Local Government;
(3) Secretary of Social Welfare and Development;
(4) Secretary of National Defense;
(5)
Director-General
of
the
National
Economic
and
Development
Authority;
(6)
Secretary of Health,
25


(7)
Secretary of Environment and Natural Resources;
(8)
Secretary of Agriculture;
(9)
Secretary of Education;
(10) Secretary of Energy;
(11) Secretary of Finance;
(12) Secretary of Trade and Industry;
(13) Secretary of Transportation;
26


(14) Secretary of Budget
Management;
(15) Secretary of Public Works and Highways;
(16) Secretary of Foreign Affairs;
(17) Secretary of Justice;
(18) Secretary of Labor and Employment;
(19) Secretary of Tourism;
(20) Secretary of Information and Communications Technology;
(21) Presidential Adviser on the Peace Process;
(22) Chairperson of the Commission on Higher Education;
(23) Chief of Staff of the Armed Forces of the Philippines;
(24) Chief of the Philippine National Police;
(25) Head of the Presidential Communications Operations Office;
(26) Secretary-General of the Philippine National Red Cross;
(27) Chairperson of the Commission on Human Rights;
(28) Executive Director of the Council for Welfare of Children;
(29) Lead Convenor of the National Anti-Poverty Commission;
(30) Chairperson of the Philippine Commission on Women;
(31)
Chairperson
of
the
Housing
and
Urban
Development
Coordinating Council;
(32) Chairperson of the National Council for Disability Affairs;
(33)
Chairperson
of
the
National
Commission
on
Indigenous
Peoples;
(34) Chairperson of the National Commission on Muslim Filipinos;
(35) Chairperson of the National Youth Commission;
(36) President of the Government Service Insurance System;
(37) President of the Social Security System;
(38) President of the Philippine Health Insurance Corporation;
(39) President of the Home Development Mutual Fund;
(40)
President
of
the
Union
of
Local
Authorities
of
the
Philippines;
(41) President of the League of Provinces of the Philippines;
(42) President of the League of Cities of the Philippines;
(43)
President
of
the
League
of
Municipalities
of
the
Philippines;
(44) president of the Liga ng mga Barangays;
(45)
Maximum
of
six
(6)
representatives
from
the
academe
and
other relevant research institutions;
(46)
Maximum
of
six
(6) representatives from the civil society
organizations; and
(47) Maximum of six (6) representatives from the private sector.
(c) Composition — The Council is hereby organized into
five (5) dusters, namely: Disaster Prevention and
Mitigation to be led by DOST, Disaster Preparedness to be
led by DILG, Disaster
Response by DSWD, Logistics led
by DND, and Recovery and Sustainable Development led by
NEDA.
27


(d) Technical Management Advisory Group
—
The
Department
may
constitute,
as
the
need
arises,
a
technical
management
advisory
group
from
the
different
stakeholders,that
shall
coordinate
and
meet
with
the
Department
as
often
as
necessary
to
effectively
manage
and
sustain
national
efforts
on
disaster
risk
and
vulnerability
reduction and emergency management, and climate change adaptation
and mitigation.
(e)
Guidelines
for
the
Department
of
Disaster
Resilience
Fund
(DDRF) and Local Disaster Resilience Fund (LDRF) — The Department
shall provide the necessary guidelines and procedures on the DDRF
and
the
LDRF
releases
as
well
as
utilization,
accounting
and
auditing thereof.
SEC. 21. Monitoring, Reporting Validation- —
(a)
Monitoring
and
Reporting.
On
or
before the last quarter of
the preceding year, member-
agencies
of
the
National
Disaster
Resilience
Council
shall
submit
to
the
Department
through
the
Council
Secretariat
their
respective
DDR
annual
work
and
financial
plans
(AWFPs)
for the
next year. The AWFPS shall be based on the DDR Plan.
The
member-agencies
shall
submit
to
the
Secretariat
quarterly
progress
reports
of
their
implementation
of
the
AWFPs
within
thirty(30) days from the end of each quarter.
The
Department
is
likewise
accountable,
liable
and
responsible
for
monitoring
and
requiring
the
appropriate
implementation
of
remedial
measures
by
member-agencies
of
the
Council
during
a
state
of
calamity.
It
shall
have
the
authority
and
power
to
require
reports
from
the
appropriate
member-agencies
regarding
implementation of such measures.
(b)
Validation.
The
Secretary
shall
require
the
submission
of
reports from LGUs to validate the progress reports of the Council
member-agencies.
Submission
shall
be
through
the
local
field
offices of the DDR.
Every two (2) years, the implementation of the Climate- Disaster
Resilience
Plan
(CDRP)
and
utilization
of
the
Local
Disaster
Resilience
Fund
(LDRF)
of
each
province,
LGUs,
independent city
shall
be
evaluated
by
the
Regional
Disaster
Resilience
Council
(RDRC)
based
on
appropriate
criteria,
such
as
the
award,
recognition,
citation
criteria
for
provinces,
cities
and
municipalities, barangay and stakeholders.
(1)
The
Regional
Disaster
Resilience
Councils
(RDRC)—
The
Regional
Disaster
Resilience
Councils
(RDRCs)
shall
coordinate,
integrate,
supervise,
and
evaluate
the
activities
of
the LDRCs.
It
shall
be
accountable,
responsible
and
liable
for
ensuring
climate-
disaster
risk
sensitive
and
inclusive
regional
development
plans,
and
in
case
of emergencies shall convene the
28


different
regional
line
agencies
and
authorities,
concemed
institutions, developmental partners and multiple stakeholders.
The
Regional
Directors
of
the
Department
shall
serve
as
chairpersons of the RDRCs and the Regional Directors of the DSWD,
the DILG, and the NEDA shall serve as duster heads.
In
the
case
of
the
Bangsamoro
Autonomous
Region
in
Muslim
Mindanao,
the
Chief
Minister
shall
be
the
RDRC
Chairperson.
in
the
case
of
Metro
Manila,
the
MDRC
shall
be
headed
by
the
Chairperson of the Metro Manila Development Authority (NIMDA).
The
RDRCs
shall
establish
the
RDRC
Secretariat
and
operating
facility to be known as the Regional Disaster Resilience Council
Secretariat and Operations Center.
The
RDRCs
shall
be
composed
of
concerned
regional
agencies,
offices, LGUs and other 36 multiple stakeholders.
(i)
LDRC
Budgetary
Requirements
of
LDRO
—
The
budgetary
requirements
for
personal
services,
maintenance
and
other
operating
expenditures,
and
capital
outlay
of the LDRO shall be
sourced from the General Fund of the I-GU, subject to Section of
Republic
Act
No-
7160,
otherwise
known as the "Local Government
Code of 1991, as amended. The enforcement of Sections 325(a) and
331 (b) of Republic Act No. 7160, as amended, shall be waived to
enable
the
LGUs
to
fund
the
initial
year
requirements
for
the
creation of the minimum five (5) mandatory positions of the LDRO.
Other
maintenance
and
operating
expenditures,
and
other
capital
outlay requirements of the LDRO in the implementation of disaster
risk
and
vulnerability
reduction
management
and
climate
change
adaptation
programs
shall
be
charged
to
the
Local
Climate-Disaster Resilience Fund of the LGUs;
(ii)
Establish
linkage
or
network
with
other
LGUs
for
disaster
risk and vulnerability reduction, climate change
adaptation
emergency response purposes;
(iii)
Recommend
through
the
LDRC,
the enactment of local
ordinances consistent with the requirements of this Act;
(iv) Establish a Provincial, City, Municipal, and Barangay
Climate and Disaster Resilience Operations Center; and
(v)
Encourage
Government-Owned
and
-Controlled
Corporations
(GOCCs)
to
establish
their
own
Climate
and
Disaster
Resilience
Operations
Center
within
their
territories.
SEC. 22. Synergy with Stakeholders. —
The
Department
shall
ensure
seamless
synergy
and
coordination
with
stakeholders,
including
CSOs,
the
academe,
and
the private
sector, in relation to disaster resilience programs and projects
and
the
development
and
promotion
of
research,
education,
and
training mechanism with relevant stakeholders.
29


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,
CSOa,
academe,
and
other
stakeholders
with
the
Department
by
assisting,
coordinating,
or
providing
services
that
strengthen
public-private
cooperation
and
coordination
in
disaster
resilience, including the following:
(a)
Establishment
and
implementation
of
business
continuity
practices
to
ensure
the
continued
delivery
of
products
and
services, in the event of disasters;
(b)
Establishment
and
implementation
of
a
National
Continuity
Policy
to
ensure
service
continuity
during
power
and
utilities
interruptions, emergencies, and disasters and ensure the
quick return to full operations;
(c)
Establishment,
incorporation,
and
application
of
business
continuity
plans
as
part
of
the
disaster
resilience
plans
of
local government units;
(d)
Facilitation
or
assistance
in
obtaining
or
processing
incentives for the private sector or
other non government stakeholders; and
(e)
Preparation
and
facilitation
of
the
issuance
of appropriate
guidelines
for
MSMEs
relating
to
mechanisms
on
procurement
and
liquidity to create an enabling environment for DDR.
The MSCU shall establish a platform that includes, among others,
a database for monitoring and coordinating efforts and resources
of stakeholders.
CHAPTER VII
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
30


disaster
and
climate
risk,
and
provide
for
the
integration
of
disaster risk and vulnerability reduction and
31


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
following: (1 ) identification of the underlying factors of risk,
or
the
nature
and
degree
of
hazards,
vulnerabilities, exposures
and
capacities,
which
need to be managed at the national level;
(2)
disaster
risk
and
vulnerabilities
reduction
and
management
approaches and strategies to be applied in managing said hazards
and
risks;
(3)
agency
roles,
responsibilities,
and
lines
of
authority
at
all
government
levels;
and
(4)
vertical
and
horizontal
coordination
of
climate
change
adaptation,
disaster
risk
and
vulnerability
reduction and management before,
during,
and
after
a
disaster.
The
Climate
and
Disaster
Resilience
Plan
shall be in conformity with the framework.
The
Climate
and
Disaster
Resilience
Framework
and
Plan
for
climate-disaster
risk
governance,
climate
vulnerability
assessment,
risk
assessment
and
risk
management
shall
be
formulated and jointly approved by the NDRC and the CCC.
SEC.
26.
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.
CHAPTER VIII
CLIMATE AND DISASTER RESILIENCE RESEARCH, EDUCATION, AND TRAINING
INSTITUTE
SEC.
26.
Creation
of
the
Climate
and
Disaster
Research,
Education, and Training Institute-
(a) Within one (l) year from approval of this Act, the Department
shall
establish
the
Climate
and
Disaster
Resilience
Research,
Education,
and
Training
Institute
in
collaboration
with
higher
education
institutions
and
private
and
state
universities
and
colleges (SUCs) which shall be a world-class center of excellence
for
learning
and
research
in
the
field
of
disaster
risk
and
vulnerability
reduction
and
management
and
climate
change
adaptation;
(b) The Climate and Disaster Resilience Research, Education, and
Training
Institute
shall
be
headed
by
a
Director.
The
organizational structure and staffing pattern shall be determined
by the Department in consultation with the DBM and in accordance
with civil service laws, rules, and regulations.
32


(c) The Climate and Disaster Resilience Research, Education, and
Training Institute
shall have the following functions:
(1)
Establish
regional
branches
as
well
as
provincial,
city
or
municipal
branches,
if
deemed
necessary,
to
train
individuals
from
the
public
and
private
sectors
in
the
fields
of
disaster
risk
and
vulnerability
reduction
and
management,
climate
change
adaptation,
and
ecosystem
management
and
restoration,
among
others;
(2)
Develop
and
implement
an
inclusive and ladderized curricula
on climate change adaptation, and disaster risk and vulnerability
reduction and management;
(3)
Develop
research
programs
and
a knowledge management system
on climate change adaptation and disaster risk and vulnerability
reduction
management
for
the
purpose
of
innovation
and
capacity-building and development;
(4)
Partner
with
public
and
private
academic
and
research
institutions, the private sector, civil society, community-based
disaster risk and vulnerability reduction management and climate
change
adaptation
practitioners,
and
other
relevant
sectors
in
developing
research
opportunities
and
programs
on
climate
vulnerability and disaster risk assessment;
5)
Establish
a
resource
center
for
information,
education
and
communication
materials,
research,
publications,
best
work
practices,
lessons
identified
and
learned,
and
other
knowledge
products
on
disaster
risk
and
vulnerability
reduction
and
management, and climate change adaptation;
(6)
Consolidate
and
prepare
information,
education
and
communication
and
training
materials
or
publications
to
assist
disaster
risk
and
vulnerability
reduction
and
management,
and
climate
change
adaptation
practitioners
in
the
planning
and
implementation
of
their
plans,
programs,
projects
and
activities;
(7)
Organize
and
recognize
a
community
of
climate
change
adaptation
and
disaster
risk
reduction
and
management
practitioners; and
(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
16 shall
be
sourced
from
the
annual General
Appropriations Act.
(2) The Department shall assist in the establishment of Research
and
Training
Centers
at
the
provincial,
city,
and
municipal
governments,
as
appropriate.
The
funding
for such local Climate
and
Disaster
Resilience
Research
and
Training
Centers
may
be
sourced
from
the
eighty
(80%)
percent
portion
of
the
LDRF
and
other financial sources of the local government unit  concerned.
33


CHAPTER IX
INTEGRATION, MAINSTREAMiNG CLIMATE AND DISASTER RESILIENCE
INFORMATION,
EDUCATION, AND COMMUNICATION CONVERGENCE
SEC.
27.
Climate
and
Disaster
Resilience
Information
Management
System
(CDRIMS).
—
The
Department
shall
establish
a
National
and
Regional Information
Management System for Climate and Disaster Resilience. It
shall constitute a physical central database of all
disaster risk reduction and climate change data,
including a geographic information system on geo-hazard
assessments and climate risk. It shall be the repository
of current and multi-temporal information for wide-scale
disaster risk analysis and climate change vulnerability
assessment. The CD RIMS 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 subnational level.
SEG.
28.
Disaster
Resilience
and
Climate
Change
Education
and
Training. —
(a)
The
Department
of
Education,
CHED,
and
Technical
Education
and
Skills
Development
Authority
(TESDA),
in
coordination
with
the
National
Youth
Commission
(NYC),
the
Department
of
Science
and
Technology
(DOST),
Department
of
Environment
and
Natural
Resources (DENR), Department of the Interior and Local Government
(DILG), Department of Health (DOH), Department of Social Welfare
and
Development
(DSWD),
and
other
relevant
agencies,
developmental institutions, and nongovernment organizations shall
integrate
disaster
risk
and
vulnerability
reduction
and
climate
change adaptation education in the school curricula at alt levels
of
education,
from
K
to
12
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
leaming,
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-
34


(b)
The
Civil
Service
Commission
(CSC),
Professional
Regulation
Commission
(PRC),
and
other
licensure
bodies
shall
integrate
disaster risk and vulnerability reduction management and climate
change
adaptation
questions
in
all
professional
and
licensure
examinations,
(c)
In
coordination
with
the
Department
and
the
Climate
and
Disaster
Resilience
Research,Education,
and
Training
Institute
shall
develop
a
curriculum
for
courses
or
subjects
specific
to
disaster risk and vulnerability reduction management and climate
change
adaptation,
and
shall
mandate
all
tertiary
learning
institutions to offer these subjects.
(d)
The
Parents
and
Teachers
Community
Associations
shall
initiate,
support,
and
participate
in
disaster
risk
and
vulnerability reduction management and climate change adaptation
related activities in schools and host communities.
(e)
The DepEd, the CHED, and the 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.
(f)
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
dimate
change
adaptation,
disaster
risk
and
vulnerability
reduction
and
management
in
public- private schools and other learning institutions.
(g)
The
LDROs
shall
form
formal
partnerships
with
tertiary
learning
institutions
within
their
respective
jurisdictions
to
provide
standard
and
ladderized
training
programs
for
LGU
officials
and
other
disaster
risk
and
vulnerability
reduction
management and climate change adaptation.
(h) The DRC, the RDRCs, the LDRCs, the LDROs, the BDRCs, and the
Sangguniang Kabataan shall encourage community, specifically the
youth,participation in disaster risk and vulnerability reduction
and climate change adaptation activities, such as Information,
Education and Communication (IEC) campaigns organizing quick
response groups, particularly in identified disaster-prone areas,
as well as the inclusion of DRVR-climate change adaptation
programs as part of programs and projects of the Sangguniang
Kabataan, youth organizations and community-based disaster risk
and vulnerability reduction management and anticipatory
adaptation initiatives.
(i)
There
shall
be
a
mandatory
training
on
climate
change
adaptation-DRVR
for
public
and
private
sector
employees,
including
teachers
and
Climate-Disaster
Resilience
Coordinators
from both the public and private learning institutions, who shall
35


be
trained
in
emergency
preparedness
and response in compliance
with the provisions of this Ad.
SEC. 29. Standard Mechanism for Cascading Information, Education
and Communication on Climate Change Adaptation and Disaster Risk
and Vulnerability Reduction -
(a) The DRC shall promote and advocate a culture of resilience
and
responsible-accountable,
liable
and
responsible
citizenship
through information,
education
and
communication
that
is
appropriate,
integrated,
calibrated,
inclusive,localized,
science- and risk-based, gender, culture and disability sensitive
and
accessible
using
multimedia.
Information,
education,
and
communication on climate
change adaptation and disaster risk and
vulnerability reduction management should be
compelling but not
alarming.
(b) The NDRC shall formulate a Strategic Risk Communications Plan
to
encompass
the
entirety
of
disaster
risk
and
vulnerability
reduction
and
climate
change
adaptation
to
achieve
the
desired
behavioral and attitudinal change towards responsible citizenship
and
culture
of
resilience.
It
shall
serve
as
a
reference
on
continuous awareness raising and education at all
levels of the
government and multiple stakeholders.
(c)
A
Climate
and
Disaster
Resilience
Information
Officer shall
be
designated
at
all
levels
of
the
Department
to
ensure
implementation
of
the
disaster
risk
and
vulnerability
reduction
and
management
and
climate
change
adaptation
information,
education,
and
communication
campaign
and
shall
serve
as
the
primary
coordinator
for
the
dissemination
of
information,
15
education,
and
communication
on
climate
change
adaptation
and
disaster risk and vulnerability reduction management.
SEC.
30.
Declaration
of
Imminent
Disaster.
-
The
DDR
shall
provide
guidance
and
operating
guidelines
to
LDRCs
for
the
declaration of imminent disaster in their respective areas which
shall
allow
them
to implement preemptive measures and use their
quick response funds in order
to save lives and minimize damage
to property, loss of livelihoods and other assets.
SEC. 31. Flash Appeal or Appeal for International Assistance.
Upon consultation with the NDRC and in cognizance of the urgency,
criticality
and
intensity
of
an
imminent
risk,
the
DDR
shall
issue a flash appeal to the family of nations, under regional and
multilateral
conventions,
for
assistance
in
preparedness
including
preemptive
measures,
search,
rescue
and
retrieval,
relief, recovery, and reconstruction.
CHAPTER X
CLIMATE AND DISASTER RISK INSURANCE AND INCENTIVES
36


SEC. 32. Climate and Disaster Risk Transfer, Insurance and Social
Welfare. —
(a)
The
Department
shall
oversee
all
climate
and
disaster
risk-sharing
and
risk-transfer
instruments
and
other
related
initiatives to ensure the protection of property and livelihood,
both public and private.
(b)
The
Department
shall
ensure
the
mandatory
insurance
of
all
assets
and
properties
of
national
government
agencies
including
government-owned
or
-
controlled
corporations,
and
those
over
which the government has insurable interest, as prescribed under
Republic Act No. 656, otherwise known as the "Property Insurance
Law". The insurance shall be provided by any government insurance
agency.
(c) The Department shall oblige the LGUs the mandatory insurance
coverage
of
assets,
properties
and
livelihood of vulnerable and
marginalized
groups
for
unforeseen
or
contingent
potential
losses,
damages
and
disruption
from
natural
hazards
and
human-induced disasters chargeable against the LDRF.
SEC. 33- Recognition and Incentives. — Unless otherwise provided,
the
Department
shall
establish
an
incentives
program
that
recognizes
outstanding
performance
of
LDRC,
NGOs,
CSOs,
private
sectors, schools, hospitals, and other stakeholders in promoting
and
implementing
significant
disaster
risk
and
vulnerability
reduction
management-climate
change
adaptation
programs
and
innovations
and
meritorious
of
individuals,
groups
or
institutions during natural or human-induced disasters.
CHAPTER Xl
PREPAREDNESS AND INTEGRATED EARLY WARNING
SEC. 34. Standards for Disaster Preparedness Activities. —
(a)
The
NDRC
shall
establish
standards
for
disaster
preparedness,
contingency
planning,
localizing
and
operationalizing
disaster
risk
and
vulnerability
reduction
and
management, preparedness for disaster response, preparedness for
early
recovery,
continuity
of
essential
services,
and
other
relevant preparedness activities.
(b)
LGUs
shall
identify
safe
or
strategic sites, and establish
evacuation
centers
with
appropriate
and
adequate
facilities
in
accordance
with
government-approved
standards as provided under
Republic
Act
No.
10821,
otherwise
known
as
the
"Children's
Emergency
Relief
and
Protection
Act",
in
order
to
avoid
disruption
of
school
classes
and
lessen
the
use
of
school
buildings
and
facilities
as
evacuation
centers.
The
LGUs
shall
immediately
compensate
schools
used
as
evacuation
centers.
The
schools
may
seek
compensation
on
renovation
or
repairs
of
damaged facilities for such use.
SEC.
35.
Multi-Hazard
Early
Warning
and
Risk
Communication
Standards.
37


(a)
There
shall
be a streamlined policy governing early warning
systems and risk communication protocols to ensure effective and
efficient
measures
to
prevent,
prepare
for,
respond
to,
and
recover from possible risk caused by natural and human-induced 19
hazards
and
climate
risk.
The
NDRC
shall
issue
policy
and
the
Department
shall
oversee
and
monitor
the implementation of this
policy.
(b)
The
Department
and
all
other
concerned
agencies
with
an
integrated
early
warning
and
information
mandate
shall
collaborate with the local executives and officers to disseminate
climate-disaster
risk
information
through
the
involvement
of
LGUs,
community-based
organizations,
CSOs,
and
other
non
governmental organizations.
SEC. 36. Early Warning Mandate. —
(a)
The
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
applications,
and
social
media
to
empower local communities and
individuals.
(b)
The
Department
shall
enhance
and
strengthen
Philippine
Atmospheric,Geophysical
and
Astronomical
Services
Administration
(PAGASA)
and
the
Philippine
Institute
of
Volcanology
and
Seismology(PHIVOLCS) mandates under Republic Act No. 36 10692 and
Executive Order No. 128, Series of 1987, respectively.
(c) The Department shall recognize and proactively support local
or
indigenous
modes
of
early
warning
systems
and
allow
open
access
to
real-time
data
from
both
local
and
international
sources
made
available
through
various
platforms
such
as
websites, mobile applications, and social media to empower local
communities and individuals.
(d)
Transmission
of
Early
Warning.
A person who transmits early
warning
concerning
the
above
mentioned
phenomena
by
means
of
signs
in
designs,
colors,
lights,
or
sound
shall
do
so
in
compliance with the methods recognized or approved by the NDRC.
(e) The NDRC at the national and subnational level shall consider
the
use
of
an
integrated
early
warning
system
to
ensure
it
is
consistent
and
locally
contextualized
with
the
communication
protocol
and
safe
evacuation
procedure
of
the
affected
communities to achieve zero casualty, to zero death.
(f) 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
levels.
38


CHAPTER XII
DISASTER RESPONSE AND EARLY RECOVERY
SEC. 37. Declaration of State of Calamity — The Department shall
declare
a
cluster
of
barangays,
municipalities,
cities,
provinces,
and
regions
under
a
state
of
calamity,
and
the
lifting thereof, based on the criteria set by the NDRC.
The declaration and lifting of the state of calamity may also be
issued
by
the
local
Sanggunian,
upon
the
recommendation
of
the
LDRO,
based
on
the
results
of
the
damage
assessment
and
needs
analysis:
Provided,
That
the
Department,
through
the
LDRC,
may
seek
from
the
local
legislative
body
or
Sanggunian,
the
declaration of a state of imminent disaster to enable the local
executives
to
implement
preemptive
evacuation
and
precautionary
measures in order to save lives and minimize damage to property,
loss
of
livelihood,
and
disruption
of
livelihood
that
require
the use of funds and resources under the LDRF.
SEC.
38.
Emergency
Management.
—
The
respective
Climate
and
Disaster
Resilience
Councils
shall
lead
in
preparing
for,
responding
to,
and
recovering from the effects of any disaster,
upon
due
consideration
to
the
economics
of
classification,
capacity and vulnerability of the local governments concemed.
(a)
The
Barangay
Disaster
Resilience
Council (BDRC), if one
barangay is affected;
(b)
The
city/municipal
Disaster
Resilience
Councils
(DRCs),
if two (2) or more barangays are affected,
(c) The provincial Disaster Resilience Council (DRC), if two
(2) or more cities/municipalities are affected;
(d) The regional Disaster Resilience Council (DRC), if two
(2) or more provinces are affected;and
(e) The NDRC, if two (2) or more regions are affected
SEC.39
Humanitarian
Assistance
Action
Center.
—The
DRC
shall
institutionalize
a
one-stop
shop
mechanism
through
the
Humanitarian Assistance Action Center for the processing and
release
of
goods,
articles
or
equipment
intended
for
humanitarian
assistance
and
the
processing
of
necessary
documents
for
international
assisting
actors.
The
Humanitarian Assistance Action Center shall be managed by the
Department
and
shall
be
composed
of
the
following
NDRC
agencies:
(a)
Department of Finance - Bureau of Customs;
(b)
Department of Foreign Affairs;
( c ) Department of Social Welfare and Development;
(d)
Department of Health;
(e)
Food and Drug Administration;
(f)Department of Agriculture;
(g)Department of Energy;
39


(h) Philippine National Police;
(i) Philippine Coast Guard; and
(j) Department of Justice - Bureau of Immigration.
SEC. 40. Accreditation, Mobilization, and Protection of Disaster
Volunteers
and
National
Service
Reserve
Corps,
CSOs
and
thePrivate Sector — The government agencies, CSOs, private sector
and
LGUs
may
mobilize
individuals
or
organized
volunteers
to
augment
their
respective
personnel
complement
and
logistical
requirements in the delivery of disaster risk reduction programs
and activities.
The agencies, CSOs, private sector, and LGUs concemed shall take
full
responsibility
for
the
enhancement,
welfare
and
protection
of
volunteers,
and
shall
submit
the
list
of
volunteers
to
the
Department, through the LDROs, for accreditation and inclusion in
the database of community disaster volunteers.
A
national
roster
of
Accredited
Community
Disaster
Resilience
Volunteers
(ACDRVs)
and
institutions,
National
Service
Reserve
Corps,
CSOs
and
the
private
sector
shall
be
maintained
by
the
Department through the LDROs. Accreditation shall be done at the
municipal or city level.
The mobilization of volunteers shall be in accordance with this
Act
and
implementing
guidelines
to
be
formulated
by
the
NDRC.
Any
volunteer
who
died or was injured while engaging in any of
the
activities
defined
under
this
Act
shall
be
entitled
to
compensatory benefits and individual personal accident insurance
as may be defined under the guidelines.
SEC. 41. Reporting of Humanitarian Assistance- —The concemed LGU
shall
submit
a
report
to
the
Department,
all
domestic
or
international
humanitarian
assistance
received
and
distributed
within its area of responsibility.
CHAPTER XIII
INTERNATIONAL HUMANITARIAN ASSISTANCE
SEC.
42.
International
Humanitarian
Assistance.—
The
Department
shall
promulgate
guidelines
on
international
humanitarian
assistance,
including
the
initiation,entry,
facilitation,
transit,
regulation,
and
termination
thereof,
as
well
as
those
involving
international
disaster
relief
and
personnel
assisting
international
actors,
visa
waiver,
recognition
of
foreign
professional
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. —
40


(a)
Immediately after the declaration of a state of calamity by
the
Sanggunian
of
an
LGU
or
by the Department, as the case may
be,
the
Department
shall
determine
as
to
whether
domestic
capacities are likely to be sufficient to attend to the needs of
affected persons for international humanitarian assistance. This
determination
may
also
be
made
by
the
President,
prior
to
the
onset of an imminent disaster.
(b) In the event the Department determines that domestic response
capacities are not likely to be sufficient due to the impact of
the
disaster,
the
Department
shall
recommend
to
the
President
that a request be made for international humanitarian assistance.
(c)
A
determination
that
domestic
capacities
are
likely
to
be
sufficient
and
that
international
humanitarian
assistance
is
therefore
unnecessary
may
be
reviewed
and
rescinded
by
the
Department,
with the approval of the President, at any time, in
light of prevailing circumstances and available information.
SEC. 44. Request for International Humanitarian Assistance. — The
President
may
request
for
international
humanitarian
assistance
upon
the
advice
of
the
Department.
Such
a
request
may
be
specifically
directed
to
particular
assisting
international
actors,
or
it
may
be
a
general
request
directed
to
the
international community
SEC. 45. Humanitarian Assistance Action Center. — The Department
shall
institutionalize
an
interagency
one-stop
shop
mechanism
called
through
the
Philippine
International
Humanitarian
Assistance
Reception
Action
Center
(PIHARAC)
for
the
processing
and
release
of
entry
and
facilitation
of
goods,
articles
or
equipment,
and
services
of
international
relief workers for the
provision
of
international
humanitarian
assistance,
and
the
processing
of
necessary
documents
for
assisting
international
actors.
CHAPTER XIV
OFFER AND FACILITATION OF HUMANITARIAN ASSISTANCE TO FOREIGN
STATES
SEC.
46.
Offer
and
Facilitation
of
International
Humanitarian
Assistance to Foreign States.
—
In
the
event
of
a
disaster
occurring
in
a foreign state for
which
international
humanitarian
assistance
is
required,
the
Department
may
offer,
facilitate
and
provide
international
humanitarian assistance to such foreign state, which shall be 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,
41


facilitation
and
provision
of
international
humanitarian
assistance to a foreign state.
CHAPTER XV
LEGAL FACILITIES FOR ELIGIBLE ASSISTING INTERNATIONAL ACTORS
SEC. 48.Guidelines for Coordination of International Humanitarian
Assistance. — The DRC shall issue comprehensive guidelines on the
initiation,
entry,
facilitation,
transit
and
regulation
of
international relief goods and personnel, as well as eligibility
guidelines
to
16
utilize
the
legal
facilities
for
assisting
international actors provided hereunder.
SEC.
49.
Visa
Waiver.
—
Eligible
assisting
international
actors
shall
be
entitled
to
waiver
of
entry
visa
requirements,
including any associated fees or charges, to perform Disaster
Relief
and
Initial
Recovery
Assistance
work
for
their
sponsoring
entities
without
the
requirement
to
seek
a
separate residence or work permit.
SEC. 50. Recognition of Foreign Professional Qualifications. —
(a)
Eligible
assisting
international
actors
wishing
to
deploy
international personnel for tasks requiring legal recognition of
their
foreign
professional
qualifications
shall
certify
the
validity
of
those
qualifications
under
the
law
of
the
country
where
they
were
obtained
and
the
competence
of
their
personnel
for the tasks envisaged.
(b)
The
Department
shall establish the guidelines and scope for
recognition
of
foreign
professional
qualifications
for
disaster
response and early recovery.
(c)
Recognition
of
qualifications
shall
remain
valid
until
the
end
of
the
Intemational
Initial
Recovery
Period,
absent
individual
criminal
conduct
or
other
professional
misconduct
sufficient
to
bar
the
individual
from
professional
practice
in
the country.
SEC.
51.
Recognition
of
Foreign
Driving
Licenses.
—
Foreign
driving licenses of eligible assisting international actors shall
be
accorded
temporary
recognition
during
the
International
Disaster Relief and Initial Recovery Periods.
SEC. 52. Facilitation of Access. — The international personnel of
eligible
assisting
international
actors
shall
be
allowed
access
to disaster-affected areas and persons requiring Disaster Relief
or
Initial
Recovery
Assistance,
subject
to
coordination
requirements
as
mandated
by
the Department and limitations based on national
security,
public
order
or public health, weighed in the context
42


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 EQUIPMENT
SEC.
53.
Customs
Facilitation
and
Priority
Treatment.
—
The
Department shall facilitate the rapid importation or consignment
of
goods
and
equipment
by
eligible
assisting
actors
and
shall
accord them priority treatment in handling.
SEC.
54.
Duty
of
Compliance
by
Eligible
Assisting
Actors.
—
In
order
to
benefit
from
the
aforementioned
legal
facilities,
eligible assisting international actors shall:
(a) Declare that all the goods and equipment they seek to import
under
this
Act
are
exclusively
for
Disaster
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 Impon Duties, Taxes and Restrictions. —
Consignment
of
goods
and
equipment
by or on behalf of eligible
assisting international actors shall benefit from.
(a) Exemption from all duties and taxes;
(b) Waiver of economic prohibitions and restrictions except for
categories of special goods and equipment that may be indicated
by the Department; and
(c)
Clearance
without
regard
to
the
country
of
origin
or
the
country from which the goods have arrived, subject to monitoring
for reasons of public health and security.
B.
EXPEDITED
ENTRY
AND
USE
RESTRICTIONS
FOR
SPECIFIC
INTERNATIONAL DISASTER GOODS AND EQUIPMENT
SEC. 56. Simplification of Documentation Requirements. —
(a)
Consignment
of
goods
and
equipment
sent
by
or on behalf of
eligible
assisting
international
actors
shall
be
cleared
or
released on the basis of a simplified goods declaration providing
the minimum information necessary for the Bureau of Customs to
identify
the
goods
and
equipment
and
subject,
when
deemed
necessary, to completion of a more complete declaration within a
specified period
(b) The requirements for the declaration for all imports of goods
or equipment by or on behalf of eligible 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
43


telecommunications
equipment
for
the
purpose
of
Disaster
Relief
or
Initial
Recovery
Assistance
without
restrictions,
except
as
required
by
NDRC
guidelines
and
other
laws
for
purposes
of
national
security
or
public
order.
The
NDRC
shall
provide
guidelines for the manner of use of telecommunications equipment
as well as 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 to be provided by the NDRC.
SEC. 59. Food —Food imported by eligible assisting international
actors
for
disaster
relief
and
recovery
shall
be
admitted
pursuant to expedited procedures set out by the NDRC.
SEC. 60. Imported Vehicles. — The granting of local registration
and
plates
for
vehicles
imported
by
eligible
assisting
international actors shall be expedited.
C. PERMITTED DISPOSmON OF EQUIPMENT AND UNUSED GOODS
SEC. 61. Disposition of Equipment and Unused Goods. —The DRC
shall provide for theguidelines for retention, reexportation,
donation and disposal of unused goods and equipment
after the
termination of Disaster Relief and Initial Recovery Assistance
operations.
CHAPTER XVI
RECOVERY
SEC.
62.
Standards
for Recovery. — The Department shall observe
internationally
accepted
standards
for
recovery,
planning,
programming and implementation of the recovery process and shall:
(a)
Improve
the
community's
physical,
social
and
economic
resilience,
consistent
with
the
principle
of
"Build
Forward
Better";
(b) Use locally-driven and centrally-supported processes based on
legal
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;
(d) Employ outcome-driven planning and implementation;
(e)
Maximize
use
of
private-public
sector
partnership
where
possible;
(f)
Consider
local
conditions
such
as
culture,
security
situation, and existing capacities of communities in identifying
programs and projects;
44


(g) Ensure access to public transport, physical and mental health
services,
markets,schools,
sustainable
livelihoods,
and
other
public services in planning for settlement areas;and
(h)
Ensure
restoration
of
peace
and
order
and
recovery
of
government functions.
CHAPTER XVII
REMEDIAL MEASURES UNDER STATE OF CALAMITY
SEC.
63.
Remedial
Measures
Under
State
of
Calamity.
—Upon
the
declaration
of
a
state
of
calamity,
the
following
remedial
measures shall be immediately undertaken by concerned government
agencies both of national and local levels:
(a)
Imposition
of
price
ceiling
on
basic
necessities
and
prime
commodities
by
the
National
Price
Control
Council,
as
provided
for under Republic Act No. 7581 , otherwise known as the "Price
Act", as amended by Republic Act. No. 10623;
(b)
Monitoring,
prevention
and
control
by
the
Local
Price
Coordinating Council of overpricing/profiteering and hoarding of
prime commodities, medicines and petroleum products;
(c) Programming/reprogramming of funds for the repair of critical
facilities or public infrastructures that are vital for the quick
delivery of humanitarian assistance, to reduce further threat to
lives and arrest further deterioration of properties and loss of
livelihoods
in
the
affected
communities,
following
the
"Build
Forward Better" principle:
(1) Grant of no-interest loans by government financing or lending
institutions
to
the
most
vulnerable
and
marginalized
groups
or
individuals; and (2) Local tax exemptions, incentives or reliefs
under such terms and conditions as may be deemed necessary by the
affected LGU.
CHAPTER XVIII
PROCUREMENT
SEC.
64 General Rule on Procurement — Any procurement of goods,
services,
consultancy
or
infrastructure
for
disaster
risk
and
vulnerability reduction and climate risk, whether at the national
or
local
level
shall conform to the provisions and implementing
rules
and
regulations
(IRR) of Republic Act No. 9184, otherwise
known as "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.
CHAPTER XIX
45


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
AMS
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 LDR office within six (6)
months from the approval of this Act;
(3)
Failure
to
appoint
a
permanent
local
disaster
resilience
Officer
within
six
(6)
months
from
the
approval
of
this Act;
(4)
Failure
to
prepare
and
implement
a
Contingency
and
Adaptation
Plan
for
hazards
frequently
occurring
within
their
jurisdictions; and
(5)
Failure
to
formulate
and
implement
the
LDRP
with
the
corresponding budget allocation.
Sexual exploitation and abuse, and other forms of sexual
misconduct to the affected population or at-risk communities
shall be punishable under existing criminal and administrative
laws.
(b)
Prohibited
Acts
of
Public
Officials and Private Persons or
Institutions —
(1)
Delaying,
without
justifiable
cause
the
delivery
or
improper
handling
or
storage
of
aid
commodities,
resulting
to
damage or spoilage;
(2)
Withholding
the
distribution
of
relief
goods
due
to:
(a)
political
or
partisan
considerations;
(b)
discrimination
based
on
race,
ethnicity,
religion,
or
gender;
and
(c)
other
similar circumstances;
(3)
Preventing
the
entry
and distribution of relief goods
in
disaster-stricken
areas,
including
appropriate
technology,
tools, equipment, accessories, disaster teams or experts;
(4) Buying, for consumption or resale, from disaster relief
agencies
any
relief
goods,equipment
or
other
aid
commodities
which
are
intended
for
distribution
to
disaster
affected
communities;
(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;
46


(7) Forcibly seizing relief goods, equipment, or other aid
commodities
intended
for
or
consigned
to
a
specific
group
of
victims or relief agency;
(8) Diverting or misdelivery of relief goods, equipment, or
other
aid
commodities
to
persons
other
than
the
rightful
recipient or consignee;
(9) Accepting, possessing, using or disposing relief goods,
equipment
or
other
aid
commodities
not
intended
for
nor
consigned to them;
(10) Misrepresenting the source of relief goods, equipment,
or other aid commodities by:
(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;
and
(iii) Making a false verbal claim that the goods, equipment
or other aid commodities in their untampered original containers
actually
came
from
another
agency
or
persons
or
was
released
upon the instance of a particular agency or persons;
(11) Substituting or replacing relief goods, equipment, or
other aid commodities with the same items or of inferior/cheaper
quality;
(12)
Illegal
solicitations
by
persons
or
organizations
representing
others
as
defined
in
the
standards
and guidelines
set by the NDRC;
(13) Deliberate use of false or inflated data in support of
the
request
for
funding,
relief
goods, equipment, or other aid
commodities for emergency assistance or livelihood projects;
(14)
Stealing,
taking,
or
possessing
of
any
of
the
equipment, accessories and other vital facility or items or any
part thereof;
(15)
Selling
or
buying
stolen
equipment,
accessories, and
other vital facility or items or any part thereof;
(16)
Tampering
with
or
stealing
hazard
monitoring
and
disaster preparedness equipment and paraphernalia;
(17)
Attempting
to
commit
any
of
the
abovementioned
prohibited acts; and
(18) Benefitting from the proceeds or fruits of any of the
abovementioned
prohibited
acts
knowing
that
the
proceeds
or
fruits are derived from the commission of 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
47


pesos
(P1,000,000)
but
not
more
than
Three
million
pesos
(P3,000,000)or
both
imprisonment
and
fine
at
the
discretion
of
the
court,
shall
be
imposed
upon
any
person
found
guilty
of
violating
subsections
(b)(l)
to
(b)(16),
as
well
as
the
confiscation
or
forfeiture
in
favor
of
the
government
of
the
objects
and
the
instrumentalities used in the commission of the
prohibited acts;
(b) Imprisonment of not less than six (6) years but not more than
eight (8) years or a fine of not less than Five hundred thousand
pesos
(P500,OOO.OO)
but
not
more
than
One
million
pesos
(P 1,
000,000.00)or both imprisonment and fine at the discretion of the
court,
shall
be
imposed
upon
any
person
who
attempts
to
commit
any of the prohibited acts in the preceding section, in violation
of subsection (b)(17) thereof;
(c) Imprisonment of not less than two (2) years but not more than
six
(6)
years
or
a
fine
of
not
less
than
Two
hundred
thousand
pesos (P200,000.00) but not more than Five hundred thousand pesos
(P600,000.00), 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
acts
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
acts
in
the
preceding section;
(e) If the offender is a corporation, partnership or association,
or other juridical entity, the penalty shall be imposed upon the
officer or officers of the corporation, partnership, association
or entity responsible for the violation without prejudice to the
cancellation
or
revocation
of
these
entities'
registration,
license
or
accreditation
issued
to
them
by
any
licensing
or
accredited body of the government. If such offender is an alien,
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 or 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
48


"The Revised Penal Code", and other existing laws, as well as the
imposition of applicable administrative or civil liabilities.
CHAPTER XX
APPROPRIATIONS
SEC. 68. Appropriations.
—
(a)
The
amount
needed
for
the
initial
implementation
of
this
Act
shall
be
taken
from
the
current
fiscal
years
unexpended
appropriation
of
all
agencies
herein
absorbed,
transferred,
and
attached
to
the
Department.
Thereafter, the amount needed for the operation and maintenance
of
the
Department
shall
be
included
in
the
General
Appropriations Act.
(b)
National
Disaster
Resilience
Fund
(NDRF).
The
utilization
and allocation of the entire NDRF (Calamity Fund) and its quick
response
fund
component
shall
be
managed
by
the
Department
except as provided for by specific laws.
(c)
Local
Disaster
Resilience
Fund
(LDRF).
Not less than seven
percent (7%) of the estimated revenue from regular sources shall
be
set
aside
as
the
LDRF
to
support
disaster
risk
and
vulnerability
reduction
and
climate
change
adaptation
and
mitigation
programs,
projects
and
activities.
The
LDRC
shall
monitor and evaluate the use and disbursement of the LDRF based
on
the
LDRP
as
incorporated in the local development plans and
annual
work
and
financial
plan.
Upon
the recommendation of the
LDRO
and
approval
of
the
sanggunian
concemed,
the
LDRC
may
transfer
the
said
fund
to
support
the
disaster
risk
and
vulnerability
reduction
and
climate
change
adaptation
work
and
initiatives
of
other
LDRCs
that
are
declared
under
a
state
of
calamity.
(1)
Of
the
amount
appropriated
for
LDRF,
twenty
percent
(20%)
shall
be allocated as Quick Response Fund (QRF) or standby fund
for
prepositioning
of
goods
and
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
for
the
LDRF,
eighty
percent
(80%)
shall
be
appropriated
for
climate
change
adaptation,
disaster risk and vulnerability reduction, prevention, adaptation
and mitigation programs, projects and activities focusing on both
institutional
capacity
building
of
vulnerable
communities
and
risk-reducing infrastructure- The NDRC shall pass a resolution to
set
the
priority
allocations
and
govem
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
standby
fund for prepositioning of goods and equipment
and
relief
and
early
recovery
programs
in
order
3
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.
49


(4)
All
departments/agencies
and
LGUs
that
are
allocated
with
LDRF
shall
submit
to the Department their monthly statements on
the
utilization
of
LDRF
and
make
an
accounting
thereof
in
accordance with existing accounting and auditing rules.
(5)
All
departments,
bureaus,
offices
and
agencies
of
the
government
are
hereby
authorized
to
use
a
portion
of
their
appropriations to implement projects designed to address disaster
risk
and
vulnerable
reduction-climate
change
adaptation
activities in
accordance 'Mth the DRP and the guidelines to be
issued by the DRC in coordination with the Department Budget and
Management (DBM) and Commission on Audit (COA).
Unexpended
LDRF
shalt
accrue
to
a
trust
fund
solely
for
the
purpose of supportingdisaster
risk
reduction
and
management
and
climate change adaptation activities of the LDRCs within the next
two (2) years. Any such amount still not fully utilized after two
(2)
years
shall
revert
back
to
the
general
fund
and
will
be
available
for
other
social
services
to
be
identified
by
the
local sanggunian.
The NDRC shall issue guidelines on the utilization and release of
LDRF
in
coordination
with
other concerned government agencies.
(d) Prevention, Mitigation and Preparedness Fund for third (3rd)
to sixth (6th) class
provinces
and
municipalities.
There
shall
be
in
the
annual
General Appropriations Act an amount allotted solely for the use
of third (3rd) to sixth (6th) class provinces and municipalities
for the purpose of augmenting their LDRF with respect to plans,
programs,
projects,
and
procurement
for
climate
change
adaptation,
disaster
risk
prevention,
mitigation,
and
preparedness.
The
requirements
to
avail
of
this
fund
shall
be
laid down in the rules and regulations to be promulgated by the
Secretary.
CHAPTER
FINAL PROVISIONS
SEC. 69. Transfer and Attachment. —
(a)
The
applicable
powers,
functions,
funds,
and
appropriations
of
the
Office
of
Civil
Defense
(OCD)
and
the
Climate
Change
Office
(CCO),
Geo-Hazard
Assessment
and
Engineering
Geology
Section
of
the
Mines
and
Geosciences
Bureau
(MGB),
Health
and
Emergency
The
Management
Bureau
of
the
Department
of
Health
(DOH),
the
Disaster
Response
Assistance
and
Management
Bureau
(DREAMB)
of
the
DSWD,
and
the
Bureau
of
Fire
Protection
are
hereby transferred to the Department.
(b) The disaster risk reduction and management functions, assets
and
personnel
of
the
Office
of
Civil
Defense
(OCD)
currently
under the DND, are hereby transferred to the Department, and the
civil defense functions shall remain with the DND;
50


(c)
The
existing
organizational
and
administrative
systems
and
processes
of
the
transferred
OCD
shall
serve
as
the
core
organization of the Department.
(d)
The
Climate
Change
Office
of
the
Climate
Change
Commission
shall
continue
its
functions
under
Republic
Act No. 10174 under
the Department.
(e) The following agencies are hereby attached to the Department:
(1) Philippine Atmospheric, Geophysical and Astronomical Services
Administration(PAGASA); and
(2) Philippine Institute of Volcanology and Seismology
(PHIVOLCS).
(3) The employees of the Bureau of Fire Protection (BFP) shall
remain as a distinct entity within the Department including their
uniformed personnel status and benefits. The Department shall, by
virtue of this Act, be subrogated to all the rights and assume
all the liabilities of the agencies absorbed under this Act, and
all their funds, records, property, assets, equipment, and such
personnel as necessary, including unexpended appropriations or
allocations. All contracts and liabilities of the said agencies
are hereby transferred to and assumed by the Department and shall
be acted upon in accordance with the Auditing Code and other
pertinent laws, rules, and regulations.
SEC.
70.
Separation
Benefits
of
Officials
and
Employees
of
Affected
Agencies.
—
National
government
employees
displaced
or
separated
from
the
service
as
a
result
of
this
Act
shall
be
entitled to separation pay and other benefits in accordance with
Republic
Act
No.
6656,
and
other
existing
laws,
rules
or
regulations:
Provided,
That
those
who
are
qualified
to
retire
under
existing
retirement
laws
shall
be
allowed
to
retire
and
receive
retirement
benefits
to
which
they may be entitled under
applicable laws and issuances.
SEC. 71. Magna Carta for DDR Personnel. — Qualified employees of
the DDR, LGUs and its attached units shall be covered by Republic
Act
No.
8439,
known
as
the
"Magna
Carta
for
Scientists,
Engineers,
Researchers
and
Other
S
&
T
Personnel
in
the
Government",
and
Republic
Act
No.
7305,
otherwise
known
as
the
"Magna Carta of Public Health Workers".
CHAPTER XXII
MISCELLANEOUS PROVISIONS
SEC. 72. Implementing Rules and Regulations. — The Department, in
consultation
with
concerned
stakeholders,
shall
issue
the
necessary rules and regulations for the effective implementation
of this Act within ninety (90) days from the effectivity of this
Act.
SEC. 73. Congressional Oversight Committee.
Then
shall
be
created a Congressional Oversight Committee on Climate Change and
51


Disaster Resilience to monitor and oversee the implementation of
the
provisions
of
this
Act.
The
Committee
shall
be
composed
of
six
(6)
members
from
the
Senate
and
six
(6)
members
from
the
House of Representatives with the Chairpersons of the Committees
on National Defense and Security of both the Senate and the House
of
Representatives
as
joint
Chairpersons
of this Committee. The
five (5) other members from each Chamber are to be designated by
the
Senate
President
and
the
Speaker
of
the
House
of
Representatives, respectively. The minority shall be entitled to
pro
rata
representation
but
shall
have
at
least
two
(2)
representatives from each Chamber.
SEC. 74. Review. — Five (5) years after the effectivity of this
Act, or as the need arises, the Congressional Oversight Committee
shall conduct a systematic evaluation of the accomplishments and
impact of this Act, as well as the performance and organizational
structure
of
its
implementing
agencies,
for
purposes
of
determining remedial legislation.
SEC.
75.
Separability
Clause.
—
If
any
provision
of
this
Act
shall
be
declared
unconstitutional
or
invalid,
the
other
provisions not otherwise affected shall remain in full force and
effect
SEC. 76. Repealing Clause. —
(a)
Republic
Act
No.
10121,
otherwise
known
as
the
31
"Philippine Disaster Risk Reduction and Management Act of 2010,"
is hereby repealed.
(b)
The
following
provisions
are
hereby
amended
or
modified,
accordingly:
(1) Section 30 of Executive Order No. 128, Series of 1987,
Reorganizing the National Science and Technology Authority;
(2)
Section 6 of Republic Act 6975, otherwise known as the
"Department of the Interior and Local Government Act of 1990",
(3) Sections 3(d) and 5 of Republic Act No. 9729, otherwise
known as the "Climate Change Act of 2009", as amended by Republic
Act No. 10174;
(4) Section 4 of Republic Act No. 10639, otherwise known as
"The Free Mobile Disaster Alerts Act"; and
(5) Section 5 of Republic Act No. 10692, otherwise known as
"The PAGASA Modernization Act of 2015".
(c)
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
45 Act are hereby repealed or amended accordingly.
52


SEC.
7Z
Effectivity.
—
This
Act
shall
take
effect
fifteen
(15)
days
after
its
publication
in
the
Official
Gazette
or
in
a
newspaper of general circulation.
Approved,
53