REPUBLIC ACT NO.
9729 landscapes, increasing frequency and/or severity of droughts, fires, floods
AN ACT MAINSTREAMING CLIMATE CHANGE INTO
GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE
FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE
CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE
CHANGE COMMISSION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
Section 1. Title. – This Act shall be known as the “Climate Change Act of
2009”.
Section 2. Declaration of Policy. – It is the policy of the State to afford full
protection and the advancement of the right of the people to a healthful
ecology in accord with the rhythm and harmony of nature. In this light, the
State has adopted the Philippine Agenda 21 framework which espouses
sustainable development, to fulfill human needs while maintaining the
quality of the natural environment for current and future generations.
Towards this end, the State adopts the principle of protecting the climate
system for the benefit of humankind, on the basis of climate justice or
common but differentiated responsibilities and the Precautionary Principle
to guide decision-making in climate risk management. As a party to the
United Nations Framework Convention on Climate Change, the State
adopts the ultimate objective of the Convention which is the stabilization of
greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system
which should be achieved within a time frame sufficient to allow
ecosystems to adapt naturally to climate change, to ensure that food
production is not threatened and to enable economic development to
proceed in a sustainable manner.1awphil As a party to the Hyogo
Framework for Action, the State likewise adopts the strategic goals in order
to build national and local resilience to climate change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its local
communities, particularly the poor, women, and children, to potential
dangerous consequences of climate change such as rising seas, changing
and storms, climate-related illnesses and diseases, damage to ecosystems,
biodiversity loss that affect the country’s environment, culture, and
economy, the State shall cooperate with the global community in the
resolution of climate change issues, including disaster risk reduction. It shall
be the policy of the State to enjoin the participation of national and local
governments, businesses, nongovernment organizations, local communities
and the public to prevent and reduce the adverse impacts of climate change
and, at the same time, maximize the benefits of climate change. It shall also
be the policy of the State to incorporate a gender-sensitive, pro-children and
pro-poor perspective in all climate change and renewable energy efforts,
plans and programs. In view thereof, the State shall strengthen, integrate,
consolidate and institutionalize government initiatives to achieve
coordination in the implementation of plans and programs to address
climate change in the context of sustainable development.
Further recognizing that climate change and disaster risk reduction are
closely interrelated and effective disaster risk reduction will enhance
climate change adaptive capacity, the State shall integrate disaster risk
reduction into climate change programs and initiatives.
Cognizant of the need to ensure that national and subnational government
policies, plans, programs and projects are founded upon sound
environmental considerations and the principle of sustainable development,
it is hereby declared the policy of the State to systematically integrate the
concept of climate change in various phases of policy formulation,
development plans, poverty reduction strategies and other development
tools and techniques by all agencies and instrumentalities of the
government.
Section 3. Definition of Terms. – For purposes of this Act, the following
shall have the corresponding meanings:
(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) “Adaptive capacity” refers to the ability of ecological, social
or economic systems to adjust to climate change including climate
variability and extremes, to moderate or offset potential damages
and to take advantage of associated opportunities with changes in
climate or to cope with the consequences thereof.
(c) “Anthropogenic causes” refer to causes resulting from human
activities or produced by human beings.
(d) “Climate Change” refers to a change in climate that can be
identified by changes in the mean and/or variability of its
properties and that persists for an extended period typically
decades or longer, whether due to natural variability or as a result
of human activity.
(e) “Climate Variability” refers to the variations in the average
state and in other statistics of the climate on all temporal and
spatial scales beyond that of individual weather events.
(f) “Climate Risk” refers to the product of climate and related
hazards working over the vulnerability of human and natural
ecosystems.
(g) “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 exceed the
ability of the affected community or society to cope using its own
resources.
(h) “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.
(i) “Gender mainstreaming” refers to the strategy for making
women’s as well as men’s concerns and experiences an integral
dimension of the design, implementation, monitoring, and
evaluation of policies and programs in all political, economic, and
societal spheres so that women and men benefit equally and
inequality is not perpetuated. It is the process of assessing the
implications for women and men of any planned action, including
legislation, policies, or programs in all areas and at all levels.
(j) “Global Warming” refers to the increase in the average
temperature of the Earth’s near-surface air and oceans that is
associated with the increased concentration of greenhouse gases in
the atmosphere.
(k) “Greenhouse effect” refers to the process by which the
absorption of infrared radiation by the atmosphere warms the
Earth.
(l) “Greenhouse gases (GHG)” refers to constituents of the
atmosphere that contribute to the greenhouse effect including, but
not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
(m) “Mainstreaming” refers to the integration of policies and
measures that address climate change into development planning
and sectoral decision-making.
(n) “Mitigation” in the context of climate change, refers to human
intervention to address anthropogenic emissions by sources and
removals by sinks of all GHG, including ozone- depleting
substances and their substitutes.
(o) “Mitigation potential” shall refer to the scale of GHG
reductions that could be made, relative to emission baselines, for a
given level of carbon price (expressed in cost per unit of carbon
dioxide equivalent emissions avoided or reduced).
(p) “Sea level rise” refers to an increase in sea level which may be
influenced by factors like global warming through expansion of sea
water as the oceans warm and melting of ice over land and local
factors such as land subsidence.
 (q) “Vulnerability” refers to the degree to which a system is
susceptible to, or unable to cope with, adverse effects of climate
change, including climate variability and extremes. Vulnerability is
a function of the character, magnitude, and rate of climate change
and variation to which a system is exposed, its sensitivity, and its
adaptive capacity.
Section 4. Creation of the Climate Change Commission. – There is hereby
established a Climate Change Commission, hereinafter referred to as the
Commission.
The Commission shall be an independent and autonomous body and shall
have the same status as that of a national government agency. It shall be
attached to the Office of the President.
The Commission shall be the sole policy-making body of the government
which shall be tasked to coordinate, monitor and evaluate the programs and
action plans of the government relating to climate change pursuant to the
provisions of this Act.
The Commission shall be organized within sixty (60) days from the
effectivity of this Act.
Section 5. Composition of the Commission. – The Commission shall be
composed of the President of the Republic of the Philippines who shall
serve as the Chairperson, and three (3) Commissioners to be appointed by
the President, one of whom shall serve as the Vice Chairperson of the
Commission.
The Commission shall have an advisory board composed of the following:
(a) Secretary of the Department of Agriculture;
(b) Secretary of the Department of Energy;
(c) Secretary of the Department of Environment and Natural
Resources;
(d) Secretary of the Department of Education;
(e) Secretary of the Department of Foreign Affairs;
(f) Secretary of the Department of Health;
(g) Secretary of the Department of the Interior and Local
Government;
(h) Secretary of the Department of National Defense, in his
capacity as Chair of the National Disaster Coordinating Council;
(i) Secretary of the Department of Public Works and Highways;
(j) Secretary of the Department of Science and Technology;
(k) Secretary of the Department of Social Welfare and
Development;
(l) Secretary of the Department of Trade and Industry;
(m) Secretary of the Department of Transportation and
Communications;
(n) Director-General of the National Economic and Development
Authority, in his capacity as Chair of the Philippine Council for
Sustainable Development;
(o) Director-General of the National Security Council;
(p) Chairperson of the National Commission on the Role of
Filipino Women;
(q) President of the League of Provinces;
(r) President of the League of Cities;
 (s) President of the League of Municipalities;
(t) President of the Liga ng mga Barangay;
(u) Representative from the academe;
(v) Representative from the business sector; and
(w) Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the disaster
risk reduction community.
The representatives shall be appointed by the President from a list of
nominees submitted by their respective groups. They shall serve for a term
of six (6) years without reappointment unless their representation is
withdrawn by the sector they represent. Appointment to any vacancy shall
be only for the unexpired term of the predecessor.
Only the ex officio members of the advisory board shall appoint a qualified
representative who shall hold a rank of no less than an Undersecretary.
Section 6. Meetings of the Commission. – The Commission shall meet once
every three (3) months, or as often as may be deemed necessary by the
Chairperson. The Chairperson may likewise call upon other government
agencies for the proper implementation of this Act.
Section 7. Qualifications, Tenure, Compensation of Commissioners. – The
Commissioners must be Filipino citizens, residents of the Philippines, at
least thirty (30) years of age at the time of appointment, with at least ten
(10) years of experience on climate change and of proven honesty and
ntegrity. The Commissioners shall be experts in climate change by virtue of
their educational background, training and experience: Provided, That at
least one (1) Commissioner shall be female: Provided, further, That in no
case shall the Commissioners come from the same sector: Provided, finally,
That in no case shall any of the Commissioners appoint representatives to
act on their behalf.
The Commissioners shall hold office for a period of six (6) years, and may
be subjected to reappointment: Provided, That no person shall serve for
more than two (2) consecutive terms: Provided, further, That in case of a
vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term
only: Provided, finally, That in no case shall a Commissioner be designated
in a temporary or acting capacity.
The Vice Chairperson and the Commissioners shall have the rank and
privileges of a Department Secretary and Undersecretary, respectively.
They shall be entitled to corresponding compensation and other emoluments
and shall be subject to the same disqualifications.
Section 8. Climate Change Office. – There is hereby created a Climate
Change Office that shall assist the Commission. It shall be headed by a Vice
Chairperson of the Commission who shall act as the Executive Director of
the Office. The Commission shall have the authority to determine the
number of staff and create corresponding positions necessary to facilitate
the proper implementation of this Act, subject to civil service laws, rules
and regulations. The officers and employees of the Commission shall be
appointed by the Executive Director.
Section 9. Powers and Functions of the Commission. – The Commission
shall have the following powers and functions:
(a) Ensure the mainstreaming of climate change, in synergy with
disaster risk reduction, into the national, sectoral and local
development plans and programs;
(b) Coordinate and synchronize climate change programs of
national government agencies;
(c) Formulate a Framework Strategy on Climate Change to serve
as the basis for a program for climate change planning, research
and development, extension, and monitoring of activities on
climate change;
(d) Exercise policy coordination to ensure the attainment of goals
set in the framework strategy and program on climate change;
(e) Recommend legislation, policies, strategies, programs on and
appropriations for climate change adaptation and mitigation and
other related activities;
(f) Recommend key development investments in climate- sensitive
sectors such as water resources, agriculture, forestry, coastal and
marine resources, health, and infrastructure to ensure the
achievement of national sustainable development goals;
(g) Create an enabling environment for the design of relevant and
appropriate risk-sharing and risk-transfer instruments;
(h) Create an enabling environment that shall promote broader
multi-stakeholder participation and integrate climate change
mitigation and adaptation;
(i) Formulate strategies on mitigating GHG and other
anthropogenic causes of climate change;
(j) Coordinate and establish a close partnership with the National
Disaster Coordinating Council in order to increase efficiency and
effectiveness in reducing the people’s vulnerability to climate-
related disasters;
(k) In coordination with the Department of Foreign Affairs,
represent the Philippines in the climate change negotiations;
(l) Formulate and update guidelines for determining vulnerability
to climate change impacts and adaptation assessments and
facilitate the provision of technical assistance for their
implementation and monitoring;
(m) Coordinate with local government units (LGUs) and private
entities to address vulnerability to climate change impacts of
regions, provinces, cities and municipalities;
(n) Facilitate capacity building for local adaptation planning,
implementation and monitoring of climate change initiatives in
vulnerable communities and areas;
(o) Promote and provide technical and financial support to local
research and development programs and projects in vulnerable
communities and areas; and
(p) Oversee the dissemination of information on climate change,
local vulnerabilities and risks, relevant laws and protocols and
adaptation and mitigation measures.
Section 10. Panel of Technical Experts. – The Commission shall constitute
a national panel of technical experts consisting of practitioners in disciplines
that are related to climate change, including disaster risk reduction.
The Panel shall provide technical advice to the Commission in climate
science, technologies, and best practices for risk assessment and
enhancement of adaptive capacity of vulnerable human settlements to
potential impacts of climate change.
The Commission shall set the qualifications and compensation for the
technical experts. It shall provide resources for the operations and activities
of the Panel.
Section 11. Framework Strategy and Program on Climate Change. – The
Commission shall, within six (6) months from the effectivity of this Act,
formulate a Framework Strategy on Climate Change. The Framework shall
serve as the basis for a program for climate change planning, research and
development, extension, and monitoring of activities to protect vulnerable
communities from the adverse effects of climate change.
The Framework shall be formulated based on climate change
vulnerabilities, specific adaptation needs, and mitigation potential, and in
accordance with the international agreements.
The Framework shall be reviewed every three (3) years, or as may be
deemed necessary.
Section 12. Components of the Framework Strategy and Program on
Climate Change. – The Framework shall include, but not limited to, the
following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.
Section 13. National Climate Change Action Plan. – The Commission shall
formulate a National Climate Change Action Plan in accordance with the
Framework within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to,
the following components:
(a) Assessment of the national impact of climate change;
(b) The identification of the most vulnerable communities/areas,
including ecosystems to the impacts of climate change, variability
and extremes;
(c) The identification of differential impacts of climate change on
men, women and children;
(d) The assessment and management of risk and vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate
adaptation measures for joint projects of national and local
governments.
Section 14. Local Climate Change Action Plan. – The LGUs shall be the
frontline agencies in the formulation, planning and implementation of
climate change action plans in their respective areas, consistent with the
provisions of the Local Government Code, the Framework, and the National
Climate Change Action Plan.
Barangays shall be directly involved with municipal and city governments
in prioritizing climate change issues and in identifying and implementing
best practices and other solutions. Municipal and city governments shall
consider climate change adaptation, as one of their regular functions.
Provincial governments shall provide technical assistance, enforcement and
information management in support of municipal and city climate change
action plans. Inter-local government unit collaboration shall be maximized
in the conduct of climate- related activities.
LGUs shall regularly update their respective action plans to reflect changing
social, economic, and environmental conditions and emerging issues. The
LGUs shall furnish the Commission with copies of their action plans and all
subsequent amendments, modifications and revisions thereof, within one (1)
month from their adoption. The LGUs shall mobilize and allocate necessary
personnel, resources and logistics to effectively implement their respective
action plans.
The local chief executive shall appoint the person responsible for the
formulation and implementation of the local action plan.
It shall be the responsibility of the national government to extend technical
and financial assistance to LGUs for the accomplishment of their Local
Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount
from its Internal Revenue Allotment necessary to implement said local plan
effectively, any provision in the Local Government Code to the contrary
notwithstanding.
Section 15. Role of Government Agencies. – To ensure the effective
implementation of the framework strategy and program on climate change,
concerned agencies shall perform the following functions:
(a) The Department of Education (DepED) shall integrate climate
change into the primary and secondary education curricula and/or
subjects, such as, but not limited to, science, biology, sibika,
history, including textbooks, primers and other educational
materials, basic climate change principles and concepts;
(b) The Department of the Interior and Local Government (DILG)
and Local Government Academy shall facilitate the development
and provision of a training program for LGUs in climate change.
The training program shall include socioeconomic, geophysical,
policy, and other content necessary to address the prevailing and
forecasted conditions and risks of particular LGUs. It shall
likewise focus on women and children, especially in the rural
areas, since they are the most vulnerable;
(c) The Department of Environment and Natural Resources
(DENR) shall oversee the establishment and maintenance of a
climate change information management system and network,
including on climate change risks, activities and investments, in
collaboration with other concerned national government agencies,
institutions and LGUs;
(d) The Department of Foreign Affairs (DFA) shall review
international agreements related to climate change and make the
necessary recommendation for ratification and compliance by the
government on matters pertaining thereto;
(e) The Philippine Information Agency (PIA) shall disseminate
information on climate change, local vulnerabilities and risk,
relevant laws and protocols and adaptation and mitigation
measures; and
(f) Government financial institutions, shall, any provision in their
respective charters to the contrary notwithstanding, provide
preferential financial packages for climate change- related projects.
In consultation with the Bangko Sentral ng Pilipinas (BSP), they
shall, within thirty (30) days from the effectivity of this Act, issue
and promulgate the implementing guidelines therefor.
The Commission shall evaluate, recommend the approval of loans and
monitor the use of said funds of LGUs.
Section 16. Coordination with Various Sectors. – In the development and
implementation of the National Climate Change Action Plan, and the local
action plans, the Commission shall coordinate with the nongovernment
organizations (NGOs), civic organizations, academe, people’s
organizations, the private and corporate sectors and other concerned
stakeholder groups.
Section 17. Authority to Receive Donations and/or Grants. – The
Commission is hereby authorized to accept grants, contributions, donations,
endowments, bequests, or gifts in cash, or in kind from local and foreign
sources in support of the development and implementation of climate
change programs and plans: Provided, That in case of donations from
foreign governments, acceptance thereof shall be subject to prior clearance
and approval of the President of the Philippines upon recommendation of
the Secretary of Foreign Affairs: Provided, further, That such donations
shall not be used to fund personal services expenditures and other operating
expenses of the Commission.
The proceeds shall be used to finance:
(a) Research, development, demonstration and promotion of
technologies;
 (b) Conduct of assessment of vulnerabilities to climate change
impacts, resource inventory, and adaptation capability building;
(c) Advocacy, networking and communication activities in the
conduct of information campaign; and
(d) Conduct of such other activities reasonably necessary to carry
out the objectives of this Act, as may be defined by the
Commission.
Section 18. Funding Allocation for Climate Change. – All relevant
government agencies and LGUs shall allocate from their annual
appropriations adequate funds for the formulation, development and
implementation, including training, capacity building and direct
intervention, of their respective climate change programs and plans. It shall
also include public awareness campaigns on the effects of climate change
and energy-saving solutions to mitigate these effects, and initiatives,
through educational and training programs and micro-credit schemes,
especially for women in rural areas. In subsequent budget proposals, the
concerned offices and units shall appropriate funds for program/project
development and implementation including continuing training and
education in climate change.1avvphi1
Section 19. Joint Congressional Oversight Committee. – There is hereby
created a Joint Congressional Oversight Committee to monitor the
implementation of this Act. The Oversight Committee shall be composed of
five (5) Senators and five (5) Representatives to be appointed by the Senate
President and the Speaker of the House of Representatives, respectively.
The Oversight Committee shall be co-chaired by a Senator and a
Representative to be designated by the Senate President and the Speaker of
the House of Representatives, respectively. Its funding requirement shall be
charged against the appropriations of Congress.
Section 20. Annual Report. – The Commission shall submit to the President
and to both Houses of Congress, not later than March 30 of every year
following the effectivity of this Act, or upon the request of the
Congressional Oversight Committee, a report giving a detailed account of
the status of the implementation of this Act, a progress report on the
implementation of the National Climate Change Action Plan and
recommend legislation, where applicable and necessary. LGUs shall submit
annual progress reports on the implementation of their respective local
action plan to the Commission within the first quarter of the following year.
Section 21. Appropriations. – The sum of Fifty million pesos
(Php50,000,000.00) is hereby appropriated as initial operating fund in
addition to the unutilized fund of the Presidential Task Force on Climate
Change and the Office of the Presidential Adviser on Global Warming and
Climate Change. The sum shall be sourced from the President’s contingent
fund.
Thereafter, the amount necessary to effectively carry out the provisions of
this Act shall be included in the annual General Appropriations Act.
Section 22. Implementing Rules and Regulations. – Within ninety (90) days
after the approval of this Act, the Commission shall, upon consultation with
government agencies, LGUs, private sector, NGOs and civil society,
promulgate the implementing rules and regulations of this Act: Provided,
That failure to issue rules and regulations shall not in any manner affect the
executory nature of the provisions of this Act.
Section 23. Transitory Provisions. – Upon the organization of the
Commission, the Presidential Task Force on Climate Change created under
Administrative Order No. 171 and the Inter-Agency Committee on Climate
Change created by virtue of Administrative Order No. 220, shall be
abolished: Provided, That their powers and functions shall be absorbed by
the Commission: Provided, further, That the officers and employees thereof
shall continue in a holdover capacity until such time as the new officers and
employees of the Commission shall have been duly appointed pursuant to
the provisions of this Act. All qualified regular or permanent employees
who may be transferred to the Commission shall not suffer any loss in
seniority or rank or decrease in emoluments. Any employee who cannot be
absorbed by the Commission shall be entitled to a separation pay under
existing retirement laws.
Section 24. Separability Clause. – If for any reason any section or provision
of this Act is declared as unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.
Section 25. Repealing Clause. – All laws, ordinances, rules and regulations,
and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.
Section 26. Effectivity. – This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or in at least two (2)
national newspapers of general circulation.
Approved,
REPUBLIC ACT NO. 10174
AN ACT ESTABLISHING THE PEOPLE'S SURVIVAL FUND TO
PROVIDE LONG-TERM FINANCE STREAMS TO ENABLE THE
GOVERNMENT TO EFFECTIVELY ADDRESS THE PROBLEM
OF CLIMATE CHANGE, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9729, OTHERWISE KNOWN AS THE
"CLIMATE CHANGE ACT OF 2009″, AND FOR OTHER
PURPOSES

Sgd. PROSPERO C.
NOGRALES
Speaker of the House of
Representatives
This Act which is a consolidation of Senate Bill No. 2583 and House Bill
No. 5982 was finally passed by the Senate and the House of Representatives
on August 25, 2009 and September 2, 2009, respectively.
Sgd. MARILYN B. BARUA-
YAP
Secretary General
House of Representatives
Approved: October 23, 2009
Sgd. GLORIA MACAPAGAL-ARROYO
President of the Philippines
Be it enacted by the Senate and House of Representatives of the Philippines
Sgd. JUAN PONCE ENRILE in Congress assembled:
President of the Senate
Section 1. Section 2 of Republic Act No. 9729, otherwise known as the
"Climate Change Act of 2009″, is hereby amended to read as follows:
"SEC. 2. Declaration of Policy. – It is the policy of the State to
afford full protection and the advancement of the right of the
people to a healthful ecology in accord with the rhythm and
harmony of nature. In this light, the State has adopted the
Philippine Agenda 21 framework which espouses sustainable
Sgd. EMMA LIRIO-REYES development, to fulfill human needs while maintaining the quality
Secretary of the Senate of the natural environment for current and future generations.
Towards this end, the State adopts the principle of protecting the
climate system for the benefit of humankind, on the basis of
climate justice or common but differentiated responsibilities and
the Precautionary Principle to guide decision-making in climate
risk management. As a party to the United Nations Framework
Convention on Climate Change (UNFCCC), the State adopts the
ultimate objective of the Convention which is the stabilization of
greenhouse gas concentrations in the atmosphere at a level that
would prevent dangerous anthropogenic interference with the
climate system which should be achieved within a time frame
sufficient to allow ecosystems to adapt naturally to climate change,
to ensure that food production is not threatened and to enable
economic development to proceed in a sustainable manner. As a
party to the Hyogo Framework for Action, the State likewise
adopts the strategic goals in order to build national and local
resilience to climate change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its
local communities, particularly the poor, women, and children, to
potential dangerous consequences of climate change and global
warming such as increasing temperatures, rising seas, changing
landscapes, increasing frequency and/or severity of droughts, fire,
floods and storms, climate-related illnesses and diseases, damage
to ecosystems, biodiversity loss that affect the country’s
environment, culture, and economy, the State shall cooperate with
the global community in the resolution of climate change issues,
including disaster risk reduction. It shall be the policy of the State
to enjoin the participation of national and local governments,
businesses, nongovernment organizations, local communities and
the public to prevent and reduce the adverse impacts of climate
change and, at the same time, maximize the potential benefits of
climate change. It shall also be the policy of the State to
incorporate a gender-sensitive, pro-children and pro-poor
perspective in all climate change and renewable energy efforts,
plans and programs. In view thereof, the State shall strengthen,
integrate, consolidate and institutionalize government initiatives to
achieve coordination in the implementation of plans and programs
to address climate change in the contest of sustainable
development.
Further recognizing that climate change and disaster risk reduction
and management are closely interrelated and effective disaster risk
reduction and management will enhance adaptive capacity to
climate change, climate variability and extreme climate events, the
State shall integrate disaster risk reduction into climate change
programs and initiatives.
Cognizant of the need to ensure that national and sub-national
government policies, plans, programs and projects are founded
upon sound environmental considerations and the principle of
sustainable development, it is hereby declared the policy of the
State to systematically integrate the concept of climate change in
various phases of policy formulation, development plans, poverty
reduction strategies and other development tools and techniques by
all agencies and instrumentalities of the government."
Section 2. Section 3 of Republic Act No. 9729 is hereby amended to read as
follows:
"SEC. 3. Definition of Terms. – For purposes of this Act, the
following shall have the corresponding meanings:
(a) ‘Adaptation’ refers to the adjustment in natural or
human systems in response to actual or expected climatic
stimuli or their effects, which moderates barn or exploits
beneficial opportunities.
(b) ‘Adaptive capacity’ refers to the ability of ecological,
social or economic systems to adjust to climate change
including climate variability and extremes, to moderate or
offset potential damages and to take advantage of
associated opportunities with changes in climate or to
cope with the consequences thereof.
(c) ‘Anthropogenic causes’ refer to causes resulting from
human activities or produced by human beings.
(d) ‘Climate Change’ refers to a change in climate that
can be identified by changes in the mean and/or
variability of its properties and that persists for an
extended period typically decades or longer, whether due
to natural variability or as a result of human activity.
(e) ‘Climate Finance’ refers to resources that have been
allocated or may be utilized towards the climate change
adaptation and mitigation requirements of the country and
its vulnerable communities.
(f) ‘Climate Variability’ refers to the variations in the
average state and in other statistics of the climate on all
temporal and spatial scales beyond that of individual
weather events.
(g) ‘Climate Risk’ refers to the product of climate and
related hazards working over the vulnerability of human
and natural ecosystems.
(h) ‘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 exceed the ability of the
affected community or society to cope using its own
resources.
(i) ‘Disaster Risk Reduction and Management (DRRM)’
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. Prospective
Disaster Risk Reduction and Management refers to risk
reduction and management activities that address and seek
to avoid the development of new or increased disaster
risks, especially if risk reduction policies are not put in
place.
(j) "Gender mainstreaming’ refers to the strategy for
making the concerns and experiences of women as well as
those of men an integral dimension of the design,
implementation, monitoring, and evaluation of policies
and programs in all political, economic, environmental or
ecological and societal spheres so that women and men
benefit equally and inequality is not perpetuated. It is the
process of assessing the implications for women and men
of any planned action, including legislation, policies, or
programs in all areas and at all levels.
(k) ‘Global Warming’ refers to the increase in the average
temperature of the Earth’s near-surface air and oceans that
is associated with the increased concentration of
greenhouse gases in the atmosphere.
(l) ‘Greenhouse effect’ refers to the process by which the
absorption of infrared radiation by the atmosphere warms
the Earth.
(m) ‘Greenhouses gases (GHG)’ refers to constituents of
the atmosphere that contribute to the greenhouse effect
including, but not limited to, carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons and
sulfur hexafluoride.
(n) ‘Mainstreaming’ refers to the integration of policies
and measures that address climate change into
development planning and sectoral decision-making.
(o) ‘Mitigation’ in the context of climate change, refers to
human intervention to reduce anthropogenic emissions
sources and enhance removals by sinks of all GHG,
including- ozone-depleting substances and their
substitutes.
(p) ‘Mitigation potential shall refer to the scale of GHG
reductions that could be made, relative to emission
baselines, for a given level of carbon price (expressed in
cost per unit of carbon dioxide equivalent emissions
avoided or reduced).
(q) ‘Sea level rise’ refers to an increase in sea level which
may be influenced by factors like global warming through
expansion of sea water as the oceans warm and melting of
ice over land and local factors such as land subsidence.
(r) ‘Vulnerability’ refers to the degree to which a system
is susceptible to, or unable to cope with, adverse effects of
climate change, including climate variability and extreme
climate events. Vulnerability is a function of the
character, magnitude, and rate of climate change and
 variation to which a system is exposed, its sensitivity, and
its adaptive capacity.
Section 3. Section 4 of Republic Act No. 9729 is hereby amended to read as
follows:
"SEC. 4. Creation of the Climate Change Commission. – There is
hereby established a Climate Change Commission, hereinafter
referred to as the Commission.
Thu Commission shall be an independent and autonomous body
and shall have the same status as that of a national government
agency. It shall be attached to the Office of the President.
The Commission shall be the lead policy-making body of the
government, which shall be tasked to coordinate, monitor and
evaluate the programs and action plans of the government in order
to ensure the mainstreaming of climate change into the national,
sectoral and local development plans and programs pursuant to the
provisions of this Act.
The Commission shall be organized within sixty (80) days from
the effectivity of this Act."
Section 4. Section 5 of Republic Act No. 9729 is hereby amended to read as
follows.
"SEC. 5. Composition of the Commission. – The Commission shall
be composed of the President, of the Republic of the Philippines
who shall serve as the Chairperson, and three (3) Commissioners to
be appointed by the President, one of whom shall be appointed as
Vice Chairperson of the Commission.
The Commission shall have an advisory board composed of the
following:
(a) Secretary of the Department of Agriculture;
(b) Secretary of the Department of Budget and
Management;
(c) Secretary of the Department of Energy;
(d) Secretary of the Department of Environment and
Natural Resources;
(e) Secretary of the Department of Education;
(f) Secretary of the Department of Finance;
(g) Secretary of the Department of Foreign Affairs;
(h) Secretary of the Department of Health;
(i) Secretary of the Department of Interior and Local
Government;
(j) Secretary of the Department of National Defense, in
his capacity as Chair of the National Disaster Risk
Reduction and Management Council;
(k) Secretary of the Department of Public Works and
Highways;
(l) Secretary of the Department of Science and
Technology;
(m) Secretary of the Department of Social Welfare and
Development;
(n) Secretary of the Department of Trade and Industry;
(o) Secretary of the Department of Transportation and
Communications;
 (p) Director-General of the National Economic and
Development Authority, in his capacity as Socioeconomic
Planning Secretary and Chair of the Philippine Council
for Sustainable Development (PCSD);
(q) Director-General of the National Security Council;
(r) Chairperson of the Philippine Commission on Women;
(s) Chairperson of the National Youth Commission;
(t) President of the Sangguniang Kabataan National
Federation;
(u) President of the League of Provinces;
(v) President of the League of Cities;
(w) President of the League of Municipalities;
(x) President of the Liga ng mga Barangay;
(y) Representative from the academe;
(z) Representative from the business sector; and
(aa) Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the
disaster risk reduction community.
The representatives shall be appointed by the President from a list
of nominees submitted by their respective groups and endorsed by
the Commission. They shall serve for a maximum term of six (6)
years: Provided, however, That such appointment, may be
terminated by the President on the basis of the withdrawal of
endorsement by or recommendation of the sector they represent.
Appointment to any vacancy shall be only for the unexpired term
of the predecessor.
Ex officio members of the advisory board may appoint their
respective permanent alternate representatives who shall have the
rank of an Undersecretary."
Section 5. Section 6 of Republic Act No. 9729 is hereby amended to read as
follows:
"SEC. 6. Meetings of the Commission. – The Commission shall
convene every first or last. Monday of every third month, or as
often as it may deem necessary.
In the event that the Chairperson cannot preside the meeting, the
Vice Chairperson shall undertake such function; Provided,
however, That a resolution or decision shall be approved by the
majority of the three (3) Commissioners: Provided, further, That
the Chairperson may vote any decisions of the Commission within
thirty (30) days from receipt of the same"
Section 6. Section 7 of Republic Act. No. 9729 is hereby amended to read
as follows:
"SEC. 7. Qualifications, Tenure, Compensation and Removal of
Commissioners. – The Commissioners must be Filipino citizens,
residents of the Philippines, at least thirty (30) years of age at the
time of appointment, with proven experience on climate change
and of proven honesty and integrity. The Commissioners shall be
experts in climate change by virtue of their educational
background, training and experience: Provided, That at least, one
(1) Commissioner shall be female: Provided, further, That in no
case shall the
Commissioners come from the same sector: Provided, finally, That
in no case shall any of the Commissioners appoint representatives
to act on their behalf.
 The Commissioners shall hold office for a period of six (6) years,
and may be subjected to reappointment: Provided, That no person
shall serve for more than two (2) consecutive terms: Provided,
further, That, in case of a vacancy, the new appointee shall fully
meet the qualifications of a Commissioner and shall hold office for
the unexpired portion of the term only: Provided, furthermore,
That in no case shall a Commissioner be designated in a temporary
or acting capacity: Provided, finally, That any Commissioner may
be removed from office before the expiration of his/her term for
cause or due to incapacity and in accordance with due process
required by pertinent laws.
The Vice Chairperson and the Commissioners shall have the rank
and privileges of a Department Secretary and Undersecretary,
respectively. They shall be entitled to corresponding compensation
and other emoluments and shall be subject to the same
disqualifications."
Section 7. Section 9 of Republic Act No. 9729 is hereby amended to read as
follow;
"SEC. 9. Powers and Functions of the Commission. – The
Commission shall have the following powers and functions:
(a) Coordinate and synchronize climate change programs
in consultation with national government agencies and
other stakeholders;
(b) Formulate a Strategic Framework on Climate Change
to serve as the basis for a program for climate change
planning, research and development, extension, and
monitoring of activities on climate change;
(c) Exercise policy coordination to ensure the attainment
of goals sat in the strategic framework and program on
climate change;
(d) Recommend legislation, policies, strategies, programs
on and appropriations for climate change adaptation and
mitigation and other related activities;
(e) Recommend key development investments in climate-
sensitive sectors such as water resources, agriculture,
forestry, coastal and marine resources, health, and
infrastructure to ensure the achievement of national
sustainable development goals;
(f) Create an enabling environment for the design of
relevant and appropriate risk-sharing and risk-transfer
instruments;
(g) Create an enabling environment that shall promote
broader multi-stakeholder participation and integrate
climate change mitigation and adaptation;
(h) Formulate strategies for mitigating GHG emissions,
anthropogenic sources and enhance removal by sinks;
(i) Coordinate and establish a close partnership with the
National Disaster Risk Reduction and Management
Council in order to increase efficiency and effectiveness
in reducing the people’s vulnerability to climate-related
disasters;
(j) In coordination with the Department of foreign Affairs,
represent the Philippines in the climate change
negotiations, constitute and lead the Philippine panel of
negotiators to the UNFCCC and the formulation of
official Philippine positions on climate change negotiation
issues, and decision areas in the international negotiation
arena;
(k) Formulate and update guidelines for determining
vulnerability to climate change impacts and adaptation
assessments and facilitate the provision of technical
assistance for their implementation and monitoring;
 (l) Coordinate with local government units (LGU’s) and
private entities to address vulnerability to climate change
impacts of regions, provinces, cities and municipalities;
(m) Facilitate capacity building for local adaptation
planning, implementation and monitoring of climate
change initiatives in vulnerable and marginalized
communities and areas;
(n) Promote and provide technical and financial support to
local research and develop merit programs and projects in
vulnerable and marginalized communities and areas;
(o) Oversee the dissemination of information on climate
change, local vulnerabilities and risks, relevant laws and
protocols and adaptation and mitigation measures;
(p) Establish a coordination mechanism with the
concerned government agencies and other stakeholders to
ensure transparency and coherence in the administration
of climate funds taking into consideration the official
Philippine position in international negotiations; and
(q) Perform such other functions as may be necessary for
the effective implementation of this Act."
Section 8. Section 11 of Republic Act No. 9729 is hereby amended to road
as follows:
"SEC. 11. National Strategic Framework and Program on Climate
Change. – The Commission shall, within six (6) months from the
effectivity of this Act, formulate a National Strategic Framework
on Climate Change. The Frame work shall serve as the basis for
climate change planning, research and development, extension,
monitoring of activities, and climate financing, to protect
vulnerable and marginalized communities from the adverse effects
of climate change.
The Framework shall be formulated based on climate change
vulnerabilities, specific adaptation needs, and mitigation potential,
and in accordance with the international agreements.
The Framework shall be reviewed every three (3) years, or as may
be deemed necessary. The review of the Framework shall involve a
participatory and interactive process."
Section 9. Section 12 of Republic Act No. 9729 is hereby amended to read
as follows:
"SEC. 12. Components of the National Strategic Framework and
Program on Climate Change. – The Framework shall include, but
not limited to, the following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and
mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming."
Section 10. Section 15 of Republic Act No. 9729 is hereby amended to read
as follows:
"SEC. 15. Role of Government Agencies. – To ensure the effective
implementation of the framework strategy and program on climate
change, concerned agencies shall, perform the following functions:
(a) The Department of Education (DepED) shall integrate
climate change into the primary and secondary education
curricula and/or subjects, such as, but not limited to,
science, biology, sibika, history, including textbooks,
primers and other educational materials, basic climate
change principles and concepts;
(b) The Department of the Interior and Local Government
(DILG) and Local Government Academy, in coordination
with the National Economic and Development Authority
and other concerned agencies, shall facilitate; the
development and provision of a capacity-building
program for LGUs in climate change, including the
provision of necessary and appropriate technology. The
program shall include socioeconomic, geophysical,
policy, and other content necessary to address the
prevailing and forecasted conditions and risks of
particular LGUs. It shall likewise focus on women and
children, especially in the rural areas, since they are the
most vulnerable;
(c) The Department of Environment and Natural
Resources (DENR) shall oversee the establishment and
maintenance of a climate change information
management system and network, including on climate
change risks, activities and investments, in collaboration
with other concerned national government agencies,
institutions and LGUs
(d) The Department of Foreign Affairs (DFA) shall
review international agreements related to climate change
and make the necessary recommendation for ratification
and compliance by the government on matters pertaining
thereto;
(e) The Philippine Information Agency (PIA) shall
disseminate information on climate change, local
vulnerabilities and risk, relevant laws and protocols and
adaptation and mitigation measures;
(f) The Department of Finance (DOF) shall coordinate
with the Commission on matters concerning fiscal
policies related to climate change and monitor and report
measures involving climate finance;
(g) The Department of Budget and Management (DBM)
shall undertake the formulation of the annual national
budget in a way that ensures the appropriate prioritization
and allocation of funds to support climate change-related
programs and projects in the annual program of
government;
(h) The Department, of Science and Technology (DOST),
through the Philippine Atmospheric, Geophysical and
Astronomical Services Administration (PAGASA), shall
promote, assist and, where appropriate, undertake
scientific and technological research and development,
projections and analysis of future climate scenarios,
including activities relative to observation, collection,
assessment and processing of climate-related data such as,
but not limited to, rainfall, sea-level-rise, extreme climate
events, rise in temperatures, and records of severe
droughts monitored over long periods of time, in
coordination with LGUs in priority/target monitoring
sites, for the benefit of agriculture, natural resources,
commerce and industry and in other areas identified to be
vital to the country’s development; and
(i) Government financial in institutions, except Bangko
Sentral ng Pilipinas (BSP) shall, any provision in their
respective charters to the contrary notwithstanding,
 provide preferential financial packages for climate
change-related projects. In consultation with the BSP,
they shall, within thirty (30) days from the effectivity of
this Act, issue and promulgate the implementing
guidelines therefor."
Section 11. Section 16 of Republic Act No. 9729 is hereby amended to read
as follows:
"SEC. 16. Coordination with Various Sectors. – In the
development and implementation of the National Climate Change
Action Plan, and the local action plans, the Commission shall
consult and coordinate with the nongovernment organizations
(NGOs), civic organizations, academe, people’s organizations, the
private and corporate sectors and other concerned stakeholder
groups."
Section 12. Section 17 of Republic Act No. 9729 is hereby amended to read
as follows:
"SEC. 17. Authority to Receive Donations and/or Grants. – The
Commission is hereby authorized to accept grants, contributions,
donations, endowments, bequests, or gifts in cash, or in kind from
local and foreign sources in support of the development and
implementation of climate change programs and plans; Provided,
That in case of donations from foreign governments, acceptance
thereof shall be subject to prior clearance and approval of the
President of the Philippines upon recommendation of the
Department of Finance: Provided, further, That such donations
shall not be used to fund personal services expenditures and other
operating expenses of the Commission.
The proceeds shall be used to finance:
(a) Research, development, demonstration and promotion
of technologies;
(b) Conduct of assessment of vulnerabilities to climate
change impacts, resource inventory, and adaptation
capability building;
(c) Advocacy, networking and communication activities
in the conduct of information campaign; and
(d) Conduct of such other activities reasonably necessary
to carry out the objectives of this Act, as may be defined
by the Commission."
Section 13. Insert and renumber Sections 18, 19, 20, 21, 22, 23, 24 and 25
in Republic Act No. 9729 to read as follows:
"SEC. 18. Creation of the People’s Survival Fund. – A People’s
Survival Fund (PSF) is hereby established as a special fund in the
National Treasury for the financing of adaptation programs and
projects based on the National Strategic Framework."
"SEC. 19. Sources of the Fund. – The amount of One billion pesos
(P1,000,000,000.00) shall be appropriated under the General
Appropriations Act (GAA) as opening balance of the PSF.
Thereafter, the balance of the PSF from all sources including the
amount appropriated in the GAA for the current year shall not be
less than One billion pesos (P1,000,000,000.00): Provided, That
the balance of the PSF may be increased as the need arises, subject
to review and evaluation by the Office of the President and the
Department of Budget and Management (DBM) of the
accomplishments of the Commission and other concerned LGUs:
Provided, further, That the PSF shall not be used to fund personal
services and other operational expenses of the Commission:
Provided, furthermore, That the balance of the PSF including the
amount appropriated in the GAA which shall form part of the fund
shall not revert to the general fund: Provided, finally, That the
Commission shall submit to Congress and the DBM a semi-annual
physical/narrative and financial report on the utilization of the PSF.
The PSF may be augmented by donations, endowments, grants and
contributions, which shall be exempt from donor’s tax and be
considered as allowable deductions from the gross income of the
donor, in accordance with the provisions of the National Internal
Revenue Code of 1997, as amended."
"SEC. 20. Uses of the Fund. – The fund shall he used to support
adaptation activities of local governments and communities such
as, but not limited to, the following:
(a) Adaptation activities, where sufficient information is
available to warrant such activities, in the areas of water
resources management, land management, agriculture and
fisheries, health, infrastructure development, natural
ecosystems including mountainous and coastal
ecosystems;
(b) Improvement of the monitoring of vector-borne
diseases triggered by climate change, and in this context
improving disease control and prevention;
(c) Forecasting and early warning systems as part of
preparedness for climate-related hazards;
(d) Supporting institutional development, for local
governments, in partnership with local communities and
civil society groups, for preventive measures, planning,
preparedness and management of impacts relating to
climate change, including contingency planning, in
particular, for droughts and floods in areas prone to
extreme climate events;
(e) Strengthening existing; and where needed, establish
regional centers and information networks to support
climate change adaptation initiatives and projects;
(f) Serving as a guarantee for risk insurance needs for
farmers, agricultural workers and other stakeholders; and
(g) Community adaptation support programs by local
organizations accredited by the Commission.
The fund shall be suppletory to any annual appropriations allocated
by relevant government agencies for climate change-related
programs and projects and by LQUs. The fund shall encourage
counterpart funding arrangements among local governments,
community organizations, the private sector, and other entities."
"SEC. 21. The People’s Survival Fund Board. – There is hereby
created a People’s Survival Fund Board, hereinafter referred to as
the PSF Board, which shall be lodged under the Commission. It
shall be composed of the following:
(a) Secretary of the Department of Finance as Chair;
(b) Vice Chairperson of the Commission;
(c) Secretary of the Department of Budget and
Management;
(d) Director-General of the National Economic and
Development Authority;
(e) Secretary of the Department of the Interior and Local
Government;
(f) Chairperson of the Philippine Commission on Women;
(g) A representative from the academe and scientific
community;
(h) A representative from the business sector; and
(i) A representative from the NGOs: Provided, That the
organizations of the academe and scientific community,
business and NGO representatives of the PSF Board are
disqualified from accessing the fund during their term, as
 set by the Commission, and a year after their tenure in the
PSF Board shall have been terminated or completed. The
said representatives shall be identified nod designated as
such by the Commission."
"SEC. 22. Powers and Functions of the PSF Board. – The PSF
Board, which shall convene at least twice a year, shall have the
following powers and functions:
(a) Promulgate policies that will maintain the fiduciary
character of the Board;
(b) Provide overall strategic guidance in the management
and use of the fund including, but not limited to, the
development of funding windows for various adaptation
activities, including counterpart funding arrangements,
and guidelines for project assessment, approval and
evaluation;
(c) Develop social, financial and environmental
safeguards to be used in project implementation;
(d) Identify additional sources for the fund;
(e) Issue final approval of projects for the use of the fund;
(f) Adopt a conflict of interest policy to ensure that board
members will not vote on projects if they have a direct
stake therein; and
(g) Ensure an independent third party evaluation and
auditing of activities supported by the fund, taking into
consideration the principles of transparency and
accountability, and government accounting and auditing
roles and regulations."
"SEC 23. Role of the Commission in the Utilization of the People’s
Survival Fund. – The Climate Change Office, headed by the Vice
Chairperson of the Commission, shall evaluate and review the
project proposals, and, with the concurrence and endorsement of a
majority of the climate change Commissioners appointed by the
President, recommend approval of project proposals to the PSF
Board based on the policies, guidelines, and safeguards, agreed by
the PSF Board. The Commission shall utilize the expertise of
relevant government agencies in its advisory board and the national
panel of technical experts in the project appraisal, monitoring and
evaluation process. The Commission shall not be a project
implementor.
The Commission shall formulate mechanisms that ensure
transparency and public access to information regarding funding
deliberations and decisions.
The Commission shall develop guidelines to accredit local
organizations seeking to access the fund. Organizations will be
accredited based on criteria such as organizational independence,
track record in the community and/or field of expertise, financial
management, and participatory practices."
"SEC. 24. Prioritization of Fund Allocation. – The Commission
shall develop criteria to prioritize use of the fund based on, but not.
limited to, the following:
(a) Level of risk and vulnerability to climate change;
(b) Participation of affected communities in the design of
the project;
(c) Poverty reduction potential;
(d) Cost effectiveness and attainability of the proposal;
(e) Identification of potential co-benefits extending
beyond LGU territory;
 (f) Maximization of multi-sectoral or cross-sectoral This Act which is a consolidation of Senate Bill No. 2811 and House Bill
benefits; No. 6235 was finally passed by the Senate and the House of Representatives
on June 6, 2012.
(g) Responsiveness to gender-differentiated
vulnerabilities; and
(Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-
(h) Availability of climate change adaptation action plan." Secretary of Senate YAP
Secretary General
"SEC. 25. Community Participation. – To ensure transparency and House of Representatives
participation of vulnerable and marginalized groups in the
adaptation projects to be supported by the fund, community Approved: AUG 16 2012
representatives and/or NGO counterparts may participate as
observers in the project identification, monitoring and evaluation
(Sgd.) BENIGNO S. AQUINO III
process of the Commission."
President of the Philippines
Section 14. The succeeding sections shall be renumbered accordingly.

Section 15. Separability Clause. – If, for any reason, any section or
provision of this Act is declared as unconstitutional or invalid, the other
sections or provisions hereof shall not be affected thereby.

Section 16. Repealing Clause. – All laws, ordinances, rules and regulations
and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.

Section 17. Effectivity Clause. – This Act shall take effect after fifteen (15)
days following its complete publication in at least two (2) national
newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO

President of the Senate BELMONTE JR.
Speaker of the House of
Representatives
REPUBLIC ACT No. 9367 January 12, 2007
AN ACT TO DIRECT THE USE OF BIOFUELS, ESTABLISHING
FOR THIS PURPOSE THE BIOFUEL PROGRAM,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippine
Congress Assembled:
SECTION 1. Short Title - This act shall be known as the "Biofuels Act of
2006".
SEC. 2. Declaration Policy - It is hereby declared the policy of the State to
reduce dependence on imported fuels with due regard to the protection of
public health, the environment, and the natural ecosystems consistent with
the country's sustainable economic growth that would expand opportunities
for livelihood by mandating the use of biofuels as a measure to:
a) Develop and utilize indigenous renewable and sustainable-
sources clean energy sources to reduce dependence on imported
oil.
b) Mitigate toxic and greenhouse gas (GSG) emissions;
c) increase rural employment and income; and
d) Ensure the availability of alternative and renewable clean energy
without any detriment to the natural ecosystem, biodiversity and
food reserves of the country.
SEC. 3. Definition of terms - As used in this act, the following term shall
be taken to means as follows:
a) AFTA - shall refer to the ASIAN free trade agreement initiated
by the Association of South East Asian Nation;
b) Alternative Fuel Vehicle/Engine - shall refer to vehicle/engines
that use alternative fuels such as biodiesel, bioethanel, natural gas,
electricity, hydrogen and automotive LPG instead of gasoline and
diesel;
c) Bioethanol fuel - shall refer to ethanol (C2H30H) produce from
feedback and other biomass.
d) Biodiesel - shall refer to Fatty Acid Methyl Ester (FAME) or
mono-alkyl ester delivered from vegetable oil, or animal fats and
other biomass-derived oils that shall be technically proven and
approved by the DOE for use in diesel engines, with quality
specifications in accordance with the Philippine National Standards
(PNS)
e) Bioethanol fuels - shall refer to the hydrous and anhydrous
bioethanol suitably denatured for use as motor fuel with quality
specifications in accordance with the PNS;
f) Biofuel - shall refer to the bioethanol and biodiesel and other
fuels made from biomass and primary used for motive, thermal
power generation, with quality specifications in accordance with
PNS;
g) Biomass - shall refer to any organic matter, particularly
cellulosic or ligno-cellulosic matter, which is available on a
renewable or recurring basis, including trees, crops and associated
residues, plant fiber, poultry litter and other animal wastes,
industrial wastes and biodegradable component of solid waste;
h) DA - shall refer to the Department of Agriculture created under
Executive Order No. 116, as amended;
i) Diesel - shall refer to the refined petroleum distillate, which may
contain small amount of hydrocarbon or nonhydrocarbon additives
to improve ignition quality or other characteristic, suitable for
compression ignition engine and other suitable types of engines
with quality specifications in accordance with PNS;
j) DENR - shall refer to the Department of Environment and
Natural Resources created under Executive No. 192, as amended;
k) DOE - shall refer to the Department of Energy created under
Republic Act No. 7638, as amended;
l) DOLE - shall refer to the Department of Labor and Employment
created under Executive Order No. 126, as amended;
m) DOF - shall refer to the Department of Finance created under
Administrative Orders No. 127 and 127-A;
n) DOST - shall refer to the Department of Science and
Technology created under Republic Act no. 2067
o) DOTC - shall refer to the Department of Transportation and
Communication created under Executive Order No. 125-A, as
amended;
p) DTI - shall refer to the Department of Trade and Industry
created under Executive Order No. 133;
q) Feedstock - shall refer to the organic sources such as molasses,
sugarcane, cassava, coconut, jatropha, sweet sorghum or other
biomass used in the production of biofuels;
r) Gasoline – shall refer to volatile mixture of liquid hydrocarbon,
generally containing small amounts of additives suitable for use as
fuel in spark-ignition internal combustion engines with quality
specifications in accordance with the PNS;
s) Motor fuel - shall refer to all volatile and inflammable liquids
and gas produced, blended or compounded for the purpose of, or
which are suitable or practicable for, operating motor vehicle;
t) MTBE - shall refer to Methyl Tertiary Butyl Ether;
u) NBB or Board - shall refer to the National Biofuel Board created
under Section 8 of this Act ;
v) Oil Company - shall refer to any entity that distributes and sells
petroleum fuel products;
w) Oxygenate - shall refer to substances, which, when added to
gasoline, increase the amount of oxygen in that gasoline blend;
x) PNS – shall refer to the Philippine National Standard; consistent
with section 26 of R.A. No. 8749 otherwise known as the
'Philippine Clean Air Act of 1999;
y) Renewable Energy Sources - shall refer to energy sources that
do not have an upper limit on the total quantity to be used. Such
resources are renewable on a regular basis; and
z) WTO - shall refer to the World Trade Organization.
SEC. 4. Phasing Out of the Use of Harmful Gasoline Additives and/or
Oxygenates. – Within six months from affectivity of this Act, the DOE,
according to duly accepted international standards, shall gradually phase out
the use of harmful gasoline additives such as, but not limited to MTBE
SEC. 5. Mandatory Use of Biofuels. – Pursuant to the above policy, it is
hereby mandated that all liquid fuels for motors and engines sold in the
Philippines shall contain locally-sourced biofuels components as follows:
5.1 Within two years from the effectivity of this Act, at least five
percent (5%) bioethanol shall comprise the annual total volume of
gasoline fuel actually sold and distributed by each and every oil
company in the country; subject to requirement that all bioethanol
blended gasoline shall contain a minimum of five percent (5%)
bioethanol fuel by volume Provided, that ethanol blend conforms
to PNS.
5.2 Within four years from the effectivity of this Act, the NBB
created under this Act is empowered to determine the feasibility
 thereafter recommend to DOE to mandate a minimum of ten
percent(10%) blend of bioethanol by volume into all gasoline fuel
distributed and sold by each and every oil company in the country.
In the event of supply shortage of locally-produced bioethanol
during the four–year period, oil companies shall be allowed to
import bioethanol but only to the extent of the shortage as may be
determined by NBB.
5.3 Within three months from the effectivity of this Act, a
minimum of one percent (1%) biodiesel by volume shall be
blended into all diesel engine fuels sold in the country: Provided
That the biodiesel blend conforms to PNS for biodiesel.
Within two years from the effectivity of this Act, the NBB created
under this Act is empowered to determine the feasibility and
thereafter recommend to DOE to mandate a minimum of two
percent (2%) blend of biodiesel by volume which may be increased
taking into account considerations including but not limited to
domestic supply and availability of locally-sourced biodiesel
component.
SEC. 6. Incentive Scheme – To encourage investments in the production,
distribution and use of locally-produced biofuels at and above the minimum
mandated blends, and without prejudice to enjoying applicable incentives
and benefits under existing laws, rules and regulations, the following
additional incentives are hereby provided under this Act.
a) Specific tax
The specific tax on local or imported biofuels component, per liter
of volume shall be zero (0). The gasoline and diesel fuel
component, shall remain subject to the prevailing specific tax rate.
b) Value Added Tax
The sale of raw material used in the production of biofuels such as,
but not limited to, coconut, jatropha, sugarcane, cassava, corn, and
sweet sorghum shall be exempt from the value added tax.
c) Water Effluents
All water effluents, such as but not limited to distillery slops from
the production of biofuels used as liquid fertilizer and for other
agricultural purposes are considered "reuse", and are therefore,
exempt from wastewater charges under the system provided under
section 13 of R.A No. 9275, also known as the Philippine Clean
Water Act: Provided, however, That such application shall be in
accordance with the guidelines issued pursuant to R.A. No. 9275,
subject to the monitoring and evaluation by DENR and approved
by DA.
d) Financial Assistance
Government financial institutions, such as the Development Bank
of the Philippines, Land Bank of the Philippines, Quedancor and
other government institutions providing financial services shall, in
accordance with and to the extent by the enabling provisions of
their respective charters or applicable laws, accord high priority to
extend financing to Filipino citizens or entities, at least sixty
percent (60%) of the capital stock of which belongs to citizens of
the Philippines that shall engage in activities involving production
storage, handling and transport of biofuel feedstock, including the
blending of biofuels with petroleum, as certified by the DOE.
SEC. 7. Powers and Functions of the DOE. – In addition to its existing
powers and functions, the DOE is hereby mandated to take appropriate and
necessary actions to implement the provisions of this Act. In pursuance
thereof, it shall within three months from effectivity of this Act:
a) Formulate the implementing rules and regulations under Section
15 of this Act;
 b) Prepare the Philippines Biofuel program consistent with the
Philippine Energy Plan and taking into consideration the DOE's
existing biofuels program;
c) Establish technical fuel quality standards for biofuels and
biofuel-blended gasoline and diesel which comply with the PNS.
d) Establish guidelines for the transport, storage and handling of
biofuels;
e) Impose fines and penalties against persons or entities found to
have committed any of the prohibited acts under Section 12 (b) to
(e) of this Act;
f) Stop the sale of biofuels and biofuel-blended gasoline and diesel
that are not in conformity with the specifications provided for
under Section 5 of this Act, the PNS and corresponding issuances
of the Department; and
g) Conduct an information campaign to promote the use of biofuels
SEC. 8. Creation of the National Biofuel Board (NBB) – The National
Biofuel Board is hereby created. It shall be composed of the Secretary of the
DOE as chairman and the Secretaries of the DTI, DOST, DA, DOF, DOLE,
and the Administrators of the PCA, and the SRA, as members.
The DOE Secretary, in his capacity as Chairperson, shall, within one month
from the effectivity of this Act, convene the NBB.
The Board shall by assisted by a Technical Secretariat attached to the Office
of the Secretary of the DOE. It shall be headed by a Director to be
appointed by the Board. The number of staff of the Technical Secretariat
and the corresponding positions shall be determined by the Board, subject to
approval by the Department of Budget and Management (DBM) and
existing civil services rules and regulations.
SEC. 9. Powers and Functions of the NBB. – The NBB shall have the
following powers and functions:
a) Monitor the implementation of, and evaluate for further
expansion, the National Biofuel Program (NBP) prepares by the
DOE pursuant to Section 7 (b) of this Act;
b) Monitor the supply and utilization of biofuels and biofuel-blends
and recommend appropriate measures in cases of shortage of
feedstock supply for approval of the Secretary of DOE. For this
purpose:
1. The NBB is empowered to require all entities engaged
in the production, blending and distribution of biofuels to
submit reports of their actual and projected sales and
inventory of biofuels, in a format to be prescribed for this
purpose; and
2. The NBB shall determine availability of locally-
sourced biofuels and recommend to DOE the appropriate
level or percentage of locally–sourced biofuels to the total
annual volume of gasoline and diesel sold and distributed
in the country.
c) Review and recommend to DOE the adjustment in the minimum
mandated biofuel blends subject to the availability of locally–
sourced biofuels: Provided, That the minimum blend may be
decreased only within the first four years from the effectivity of
this Act. Thereafter, the minimum blends of the five percent (5%)
and two percent (2%) for bioethanol and biodiesel respectively,
shall not be decreased;
d) Recommend to DOE a program that will ensure the availability
of alternative fuel technology for vehicles, engine and parts in
consonance with the mandated minimum biofuel-blends, and to
maximize the utilization of biofuels including other biofuels;
e) Recommend to DOE the use of biofuel–blends in air transport
taking into account safety and technical viability; and
f) Recommend specific actions to be executed by the DOE and
other appropriate government agencies concerning the
 implementation of the NBP, including its economic, technical,
environment, and social impact.
SEC. 10. Security of Domestic Sugar Supply. - Any provision of this Act
to the contrary notwithstanding, the SRA, pursuant to its mandate, shall, at
all times, ensures that the supply of sugar is sufficient to meet the domestic
demand and that the price of sugar is stable.
To this end, the SRA shall recommend and the proper agencies shall
undertake the importation of sugar whenever necessary and shall make
appropriate adjustments to the minimum access volume parameters for
sugar in the Tariff and Custom Code.
SEC. 11. Role of Government Agencies. – To ensure the effective
implementation of the NBP, concerned agencies shall perform the following
functions:
a) The DOF shall monitor the production and importation of
biofuels through the Bureau of Internal Revenue (BIR) and the
Bureau of Customs (BOC);
b) The DOST and the DA shall coordinate in identifying and
developing viable feedstock for the production of biofuels;
c) The DOST, through the Philippine Council for Industry and
Energy Research and Development (PCIERD), shall develop and
implement a research and development program supporting a
sustainable improvement in biofuel production and utilization
technology. It shall also publish and promote related technologies
developed locally and abroad.
d) The DA through its relevant agencies shall:
(1) Within three months from effectivity of this Act,
develop a national program for the production of crops for
use as feedstock supply. For this purpose, the
Administrators of the SRA and the PCA, and other DA-
attached agencies shall, within their authority develop and
implement policies supporting the Philippine Biofuel
Program and submit the same to the Secretary of the DA
for consideration;
(2) Ensure increased productivity and sustainable supply
of biofuel feedstocks. It shall institutes program that
would guarantee that a sufficient and reliable supply of
feedstocks is allocated for biofuel production; and
(3) Publish information on available and suitable areas for
cultivation and production of such crops.
e) The DOLE shall:
(1) Promote gainful livelihood opportunities and facilitate
productive employment through effective employment
services and regulation;
(2) Ensure the access of workers to productive resources
and social coverage; and
(3) Recommend plans, policies and programs that will
enhance the social impact of the NBP.
f) The Tariff Commission, in coordination with the appropriate
government agencies, shall create and classify a tariff line for
biofuels and biofuel-blends in consideration of WTO and AFTA
agreements; and
g) The local government units (LGU) shall assist the DOE in
monitoring the distribution sale in use of biofuels and biofuel-
blends
SEC. 12. Prohibited Acts. The following acts shall be prohibited:
a) Diversion of biofuels, whether locally produced or imported, to
purposes other than those envisioned in this Act;
 b) Sale of biofuel–blended gasoline or diesel that fails to comply
with the minimum biofuel–blend by volume in violation of the
requirement under Section 5 of this Act;
c) Distribution, sale and use of automotive fuel containing harmful
additives such as, but not limited to, MTBE at such concentration
exceeding the limits to be determined by the NBB.
d) Noncompliance with the established guidelines of the PNS and
DOE adopted for the implementation of this Act; and
e) False labeling of gasoline, diesel, biofuels and biofuel-blended
gasoline and diesel.
SEC. 13. Penal Provisions. - Any person, who willfully aids or abets in the
commission of a crime prohibited herein or who causes the commission of
any such act by another shall be liable in the same manner as the principal.
In the case of association, partnerships or corporations, the penalty shall be
imposed on the partner, president, chief operating officer, chief executive
officer, directors or officers, responsible for the violation.
The commission of an act enumerated in Section 12, upon conviction
thereof, shall suffer the penalty of one year to five years imprisonment and a
fine ranging from a minimum of One million pesos (P 1,000,000.00) to Five
million pesos (P 5,000,000.00).
In addition, the DOE shall confiscate any amount of such products that fail
to comply with the requirements of Sections 4 & 5 of this Act, and
implementing issuance of the DOE. The DOE shall determine the
appropriate process and the manner of disposal and utilization of the
confiscated products. The DOE is also empowered to stop and suspend the
operation of businesses for refusal to comply with any order or instruction
of the DOE Secretary in the exercise of his functions under this Act.
Further, the DOE is empowered to impose administrative fines and
penalties for any violation of the provisions of this Act, implementing rules
and regulations and other issuance relative to this Act.
SEC. 14. Appropriations. - Such sums as may be necessary for the initial
implementation of this Act shall be taken from the current appropriations of
the DOE. Thereafter, the fund necessary to carry out provisions of this Act
shall be included in the annual General Appropriation Act.
SEC. 15. Implementing Rules and Regulations (IRR). - The DOE, in
consultation with the NBB, the stakeholders and the other agencies
concerned, shall within three months from affectivity of this Act,
promulgated the IRR of this Act: Provided, That prior to its effectively, the
draft of the IRR shall be posted at the DOE web site for at least one month,
and shall be published in at least two newspapers of general circulation.
SEC. 16. Congressional Oversight Committee. - Upon affectivity of this
act, a Congressional Committee, hereinafter referred to as the Biofuels
Oversight Committee, is hereby constituted. The biofuels oversight
committee shall be compose of (14) members, with the Chairmen of the
Committees on Energy of both House of Congress as co-chairmen. The
Chairmen of the Committee on Agriculture and Trade and Industry shall be
ex officio members. An additional four members from each House, to be
designated by the Senate President and Speaker of the House of
Representatives, respectively. The minority shall be entitled to pro-rata
representation but shall have at least one representative in the Biofuel
Oversight Committee.
SEC. 17. Benefits of Biofuel Workers. - This Act shall not in any way
result in the forfeiture or diminution of existing benefits enjoyed by the
sugar workers as prescribed under the R.A. No. 6982, or the Sugar
Amelioration Act of 1991. In case sugarcane shall be used as feedstock.
The NBB shall establish a mechanism similar to that provided under the
Sugar Amelioration Act of 1991 for the benefit of other biofuel workers.
SEC. 18. Special Clause. - This act shall not be interpreted as prejudicial to
clean development mechanism (CDM) projects that cause carbon dioxide
(CO2) and greenhouse gasses (GHG) emission reductions by means of
biofuel use.
SEC. 19. Repealing Clause. - The provision of Section 148 (d) of R.A. No.
8424, otherwise known as Tax Reform Act. of 1997, and all other laws,
 presidential decrees or issuance, executive orders, presidential REPUBLIC ACT NO. 6716
proclamations. rules and regulations or part thereof inconsistent with the
provisions of this Act, are hereby repealed, modified or amended AN ACT PROVIDING FOR THE CONSTRUCTION OF WATER
accordingly. WELLS, RAINWATER COLLECTORS, DEVELOPMENT OF
SPRINGS AND REHABILITATION OF EXISTING WATER WELLS
SEC. 20. Separability Clause. - If any provision of this Act is declared IN ALL BARANGAYS IN THE PHILIPPINES
unconstitutional in the same shall not affect the validity and effectivity of
the other provision hereof. SECTION 1. Declaration of Policy.—It is hereby declared to be the
national policy to promote the quality of life of every Filipino through the
SEC. 21. Effectivity. - This act shall effect fifteen (15) day after publication provision of adequate social service including, but not limited to, the
in at least two newspapers of general circulation. provision of adequate potable water supply made conveniently available to
every barangay in the country.
Approved,
SECTION 2. Water Wells, Rainwater Collectors and Spring
Development.—The Department of Public Works and Highways (DPWH)
JOSE DE VENECIA JR. MANNY VILLAR
shall, within thirty (30) days after the approval of this Act, undertake
Speaker of the House of Representatives President of the Senate
construction of water wells, rainwater collectors, development of springs
and rehabilitation of existing water wells in all barangays in the Philippines
This Act which is a consolidation of Senate Bill No. 2226 and House Bill in such number as may be needed and feasible, taking into consideration the
No. 4629 was finally passed by the Senate and the House of Representatives population, hydrologic conditions, costs of project development and
on November 29 2006. operations, financial and economic factors and institutional arrangements:
Provided, however, That the DPWH shall deduct not more than five percent
(5%) for supervision, engineering, technical and other overhead expenses or
ROBERTO P. NAZARENO OSCAR G. YABES
Secretary General Secretary of Senate fees: Provided, further, That each barangay in the country shall have at least
one additional potable water source.
House of Represenatives

SECTION 3. Operation and Maintenance.—In order to ensure the proper

Approved: January 12, 2007 use of the water facilities herein provided, a Barangay Waterworks and
Sanitation Association, herein referred to as BWSA, shall be formed and
GLORIA MACAPAGAL-ARROYO organized for the purpose of maintaining the water facilities: Provided, That
President of the Philippines pending the organization of the BWSA, the water facilities shall be operated
and maintained by the barangay council.

The BWSA shall be composed of the member-consumers who shall

administer, operate and maintain the completed water facility and shall be
registered with the corresponding municipal or city council.

The BWSA may impose such minimal charges as may be necessary for the
maintenance and normal repairs of said facility. Nothing herein shall
prevent any resident of the locality from using the water facility under the
same terms and conditions as the member-consumers of the BWSA.
Organizing and training the recipient communities in the operation and
maintenance of water systems shall be conducted by the DPWH prior to the
turnover of such facilities to the BWSA subject to the guidelines to be
formulated by the Department.
SECTION 4. Submission of Report.—The Department of Public Works
and Highways shall, within ninety (90) days after the approval of this Act
and every one hundred eighty (180) days thereafter, submit periodic reports
to the respective Committees on Public Works and Highways of both
Houses of the Congress of the Philippines for evaluation and consideration.
SECTION 5. Funding.—The sum needed for the implementation of the
construction, rehabilitation and repair program shall be taken from any
available appropriations for the Department of Public Works and Highways
in the General Appropriations Act for 1989: Provided, That funds for this
purpose shall also be included in the General Appropriations Act for 1990
and 1991: Provided, further, That the total program shall be completed not
later than June 30, 1991, and: Provided, finally, That there shall be equitable
and proportionate appropriations of funds annually for this purpose for all
provinces, cities and municipalities. In addition, a portion of financial grants
and concessional loans extended to the Philippines by foreign governments
and multilateral agencies every year, the amount to be determined by the
President, shall be allocated by the Department of Budget and Management
to augment the appropriations of the Department of Public Works and
Highways until one hundred thousand (100,000) water wells, rainwater
collectors, and springs are completed as envisioned in this Act.
SECTION 6. Effectivity.—This Act shall take effect upon its publication in
at least two (2) newspapers of general circulation.
Approved: March 17, 1989
REPUBLIC ACT No. 10121
AN ACT STRENGTHENING THE PHILIPPINE DISASTER RISK
REDUCTION AND MANAGEMENT SYSTEM, PROVIDING FOR
THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT FRAMEWORK AND INSTITUTIONALIZING
THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT PLAN, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES.
it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Title. - This Act shall be known as the "Philippine Disaster Risk
Reduction and Management Act of 2010".
Section 2. Declaration of Policy. - It shall be the policy of the State to:
(a) Uphold the people's constitutional rights to life and property by
addressing the root causes of vulnerabilities to disasters,
strengthening the country's institutional capacity for disaster risk
reduction and management and building the resilience of local
communities to disasters including climate change impacts;
(b) Adhere to and adopt the universal norms, principles and
standards of humanitarian assistance and the global effort on risk
reduction as concrete expression of the country's commitment to
overcome human sufferings due to recurring disasters;
(c) Incorporate internationally accepted principles of disaster risk
management in the creation and implementation of national,
regional and local sustainable development and poverty reduction
strategies, policies, plans and budgets;
(d) Adopt a disaster risk reduction and management approach that
is holistic, comprehensive, integrated, and proactive in lessening
the socioeconomic and environmental impacts of disasters
including climate change, and promote the involvement and
participation of all sectors and all stakeholders concerned, at all
levels, especially the local community;
(e) Develop, promote, and implement a comprehensive National
Disaster Risk Reduction and Management Plan (NDRRMP) that
aims to strengthen the capacity of the national government and the
local government units (LGUs), together with partner stakeholders,
to build the disaster resilience of communities, and' to
institutionalize arrangements and measures for reducing disaster
risks, including projected climate risks, and enhancing disaster
preparedness and response capabilities at all levels;
(f) Adopt and implement a coherent, comprehensive, integrated,
efficient and responsive disaster risk reduction program
incorporated in the development plan at various levels of
government adhering to the principles of good governance such as
transparency and accountability within the context of poverty
alleviation and environmental protection;
(g) Mainstream disaster risk reduction and climate change in
development processes such as policy formulation, socioeconomic
development planning, budgeting, and governance, particularly in
the areas of environment, agriculture, water, energy, health,
education, poverty reduction, land-use and urban planning, and
public infrastructure and housing, among others;
(h) Institutionalize the policies, structures, coordination
mechanisms and programs with continuing budget appropriation
on disaster risk reduction from national down to local levels
towards building a disaster-resilient nation and communities;
(i) Mainstream disaster risk reduction into the peace process and
conflict resolution approaches in order to minimize loss of lives
and damage to property, and ensure that communities in conflict
Section 3. Definition of Terms. - For purposes of this Act, the following
zones can immediately go back to their normal lives during periods
shall refer to:
of intermittent conflicts;
(j) Ensure that disaster risk reduction and climate change measures
are gender responsive, sensitive to indigenous know ledge systems,
and respectful of human rights;
(k) Recognize the local risk patterns across the country and
strengthen the capacity of LGUs for disaster risk reduction and
management through decentralized powers, responsibilities, and
resources at the regional and local levels;
(l) Recognize and strengthen the capacities of LGUs and
communities in mitigating and preparing for, responding to, and
recovering from the impact of disasters;
(m) Engage the participation of civil society organizations (CSOs),
the private sector and volunteers in the government's disaster risk
reduction programs towards complementation of resources and
effective delivery of services to the Citizenry;
(n) Develop and strengthen the capacities of vulnerable and
marginalized groups to mitigate, prepare for, respond to, and
recover from the effects of disasters;
(o) Enhance and implement a program where humanitarian aid
workers, communities, health professionals, government aid
agencies, donors, and the media are educated and trained on how
they can actively support breastfeeding before and during a disaster
and/or an emergency; and
(p) Provide maximum care, assistance and services to individuals
and families affected by disaster, implement emergency
rehabilitation projects to lessen the impact of disaster, and facilitate
resumption of normal social and economic activities.
(a) "Adaptation" - 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) "Capacity" - a combination of all strengths and resources
available within a community, society or organization that can
reduce the level of risk, or effects 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.
(c) "Civil Society Organizations" Or "CSOs" - non-state actors
whose aims are neither to generate profits nor to seek governing
power. CSOs 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, and are 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.
(d) "Climate Change" - a change in climate that can' be identified
by changes in the mean and/or variability of its properties and that
persists for an extended period typically decades or longer,
whether due to natural variability or as a result of human activity.
(e) "Community-Based Disaster Risk Reduction and Management"
or "CBDRRM" - 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.
(f) "Complex Emergency" - 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.
(g) "Contingency Planning" - a management process that analyzes
specific potential events or emerging situations that might threaten
society or the environment and establishes arrangements in
advance to enable timely, effective and appropriate responses to
such events and situations.
(h) "Disaster" - 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. Disasters are often described as a result of the
combination of: the exposure to a hazard; the conditions of
vulnerability that are present; and insufficient capacity or measures
to reduce or cope with the potential negative consequences,
Disaster impacts may include loss of life, injury, disease and other
negative effects on human, physical, mental and social well-being,
together with damage to property, destruction of assets, loss of
services, Social and economic disruption and environmental
degradation.1avvphi1
(i) "Disaster Mitigation" - 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.
(j) "Disaster Preparedness" - the knowledge and capacities
developed by governments, professional response and recovery
organizations, communities and individuals to effectively
anticipate, respond to, and recover from, the Impacts of likely,
imminent or current hazard events or conditions. Preparedness
action is carried out within the context of disaster risk reduction
and management and aims to build the capacities needed to
efficiently manage all types of emergencies and achieve orderly
transitions from response to sustained recovery. Preparedness is
based on a sound analysis of disaster risk and good linkages with
early warning systems, and includes such activities as contingency
planning, stockpiling of equipment and supplies, the development
of arrangements for coordination, evacuation and public
information, and associated training and field exercises. These
must be supported by formal institutional, legal and budgetary
capacities.
(k) "Disaster Prevention" - the outright avoidance of adverse
impacts of hazards and related disasters. 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.
(l) "Disaster Response" - the provision of emergency services and
public assistance during or immediately after a disaster in order to
save lives, reduce health impacts, ensure public safety and meet the
basic subsistence needs of the people affected. Disaster response is
predominantly focused on immediate and short-term needs and is
sometimes called "disaster relief".
(m) "Disaster Risk" - the potential disaster losses in lives, health
status, livelihood, assets and services, which could occur to a
particular community or a Society over some specified future time
period.
(n) "Disaster Risk Reduction" - the concept and practice of
reducing disaster risks through systematic efforts to analyze and
manage the causal factors of disasters, including through reduced
exposures to hazards, lessened vulnerability of people and
property, wise management of land and the environment, and
improved preparedness for adverse events.
(o) "Disaster Risk Reduction and Management" - the systematic
process of using administrative directives, organizations, and
operational skills and capacities to implement strategies, policies
and improved coping capacities in order to lessen the adverse
impacts of hazards and the possibility of disaster. Prospective
disaster risk reduction and management refers to risk reduction and
management activities that address and seek to avoid the
development of new or increased disaster risks, especially if risk
reduction policies are not put m place.
(p) "Disaster Risk Reduction and Management Information
System" - a specialized database which contains, among others,
information on disasters and their human material, economic and
environmental impact, risk assessment and mapping and
vulnerable groups.
(q) "Early Warning System" - the set of capacities needed to
generate and disseminate timely and meaningful warning
information to enable individuals, communities and organizations
threatened by a hazard to prepare and to act appropriately and in
sufficient time to reduce the possibility of harm or loss. A people-
centered early warning system necessarily comprises four (4) key
elements: knowledge of the risks; monitoring, analysis and
forecasting of the hazards; communication or dissemination of
alerts and warnings; and local capabilities to respond to the
warnings received. The expression "end-to-end warning system" is
also used to emphasize that warning systems need to span all steps
from hazard detection to community response.
(r) "Emergency" - unforeseen or sudden occurrence, especially
danger, demanding immediate action.
(s) "Emergency Management" - the organization and management
of resources and responsibilities for addressing all aspects of
emergencies, in particular preparedness, response and initial
recovery steps.
(t) "Exposure" - the degree to which the elements at risk are likely
to experience hazard events of different magnitudes.
(u) "Geographic Information System" - a database which contains,
among others, geo-hazard assessments, information on climate
change, and climate risk reduction and management.
(v) "Hazard" - a dangerous phenomenon, substance, human
activity or condition 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.
(w) "Land-Use Planning" - the process undertaken by public
authorities to identify, evaluate and decide on different options for
the use of land, including consideration of long-term economic,
social and environmental objectives and the implications for
different communities and interest groups, and the subsequent
formulation and promulgation of plans that describe the permitted
or acceptable uses.
(x) "Mitigation" - structural and non-structural measures
undertaken to limit the adverse impact of natural hazards,
environmental degradation, and technological hazards and to
ensure the ability of at-risk communities to address vulnerabilities
aimed at minimizing the impact of disasters. Such measures
include, but are not limited to, hazard-resistant construction and
engineering works, the formulation and implementation of plans,
programs, projects and activities, awareness raising, knowledge
management, policies on land-use and resource management, as
well as the enforcement of comprehensive land-use planning,
building and safety standards, and legislation.
(y) "National Disaster Risk Reduction and Management
Framework" or "NDRRMF" - provides for comprehensive, all
hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management.
(z) "National Disaster Risk Reduction and Management Plan" or
"NDRRMP" - the document to be formulated and implemented by
the Office of Civil Defense (OCD) that sets out goals and specific
objectives for reducing disaster risks together with related actions
to accomplish these objectives.
The NDRRMP 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 m managing said hazards and risks; agency roles,
responsibilities and lines of authority at all government levels; and
vertical and horizontal coordination of disaster risk reduction and
management in the pre-disaster and post-disaster phases. It shall be
in conformity with the NDRRMF.
(aa) "Post-Disaster Recovery" - 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 principles of "build back
better".
(bb) "Preparedness" - pre-disaster actions and measures being
undertaken within the context of disaster risk reduction and
management and are based on sound risk analysis as well as pre-
disaster activities to avert or minimize loss of life and property
such as, but not limited to, community organizing, training,
planning, equipping, stockpiling, hazard mapping, insuring of
assets, and public information and education initiatives. This also
includes the development/enhancement of an overall preparedness
strategy, policy, institutional structure, warning and forecasting
capabilities, and plans that define measures geared to help at-risk
communities safeguard their lives and assets by being alert to
hazards and taking appropriate action in the face of an Imminent
threat or an actual disaster.
(cc) "Private Sector" - the key actor in the realm of the economy
where the central social concern and process are the mutually
beneficial production and distribution of goods and services to
meet the physical needs of human beings. The private sector
comprises private corporations, households and nonprofit
institutions serving households.
(dd) "Public Sector Employees" - all persons in the civil service.
(ee) "Rehabilitation" - measures that ensure the ability of affected
communities/areas to restore their normal level of functioning by
rebuilding livelihood and damaged infrastructures and increasing
the communities' organizational capacity.
(ff) "Resilience" - the ability of a system, community or society
exposed to hazards to resist, absorb, 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.
(gg) "Response" - any concerted effort by two (2) or more
agencies, public or private, to provide assistance or intervention
during or immediately after a disaster to meet the life preservation
and basic subsistence needs of those people affected and in the
restoration of essential public activities and facilities.
(hh) "Risk" - the combination of the probability of an event and its
negative consequences.
(ii) "Risk Assessment" - a methodology to determine the nature and
extent of risk by analyzing potential hazards and evaluating
existing conditions of vulnerability that together could potentially
harm exposed people, property, services, livelihood and the
environment on which they depend. Risk assessments with
associated risk mapping include: a review of the technical
characteristics of hazards such as their location, intensity,
frequency and probability; the analysis of exposure and
vulnerability including the physical, social, health, economic and
environmental dimensions; and the evaluation of the effectiveness
of prevailing and alternative coping capacities in respect to likely
risk scenarios.
(jj) "Risk Management" - the systematic approach and practice of
managing uncertainty to minimize potential harm and loss. It
comprises risk assessment and analysis, and the implementation of
strategies and specific actions to control, reduce and transfer risks.
It is widely practiced by organizations to minimize risk in
investment decisions and to address operational risks such as those
of business disruption, production failure, environmental damage,
social impacts and damage from fire and natural hazards.
(kk) "Risk Transfer" - the process of formally or informally
shifting the financial consequences of particular risks from one
party to another whereby a household, community, enterprise or
state authority will obtain resources from the other party after a
disaster occurs, in exchange for ongoing or compensatory social or
financial benefits provided to that other party.
(ll) "State of Calamity" - a condition involving mass casualty
and/or major damages 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.
(mm) "Sustainable Development" - development that meets the
needs of the present without compromising the ability of future
generations to meet their own needs. It contains within it two (2)
key concepts: (1) the concept of "needs", in particular, the essential
needs of the world's poor, to which overriding priority should be
given; and (2) the idea of limitations imposed by the state of
technology and social organizations on the environment's ability to
meet present and future needs. It is the harmonious integration of a
sound and viable economy, responsible governance, social
cohesion and harmony, and ecological integrity to ensure that
human development now and through future generations is a life-
enhancing process.
(nn) "Vulnerability" - 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 such as poor
design and construction of buildings, inadequate protection of
assets, lack of public information and awareness, limited official
recognition of risks and preparedness measures, and disregard for
wise environmental management.
 (oo) "Vulnerable and Marginalized Groups" - those that face (d) Secretary of the Department of Education (DepED);
higher exposure to disaster risk and poverty including, but not
limited to, women, children, elderly, differently-abled people, and (e) Secretary of the Department of Energy (DOE);
ethnic minorities.
(f) Secretary of the Department of Finance (DOF);
Section 4. Scope. - This Act provides for the development of policies and
plans and the implementation of actions and measures pertaining to all (g) Secretary of the Department of Trade and Industry (DT!);
aspects of disaster risk reduction and management, including good
governance, risk assessment and early warning, knowledge building and
awareness raising, reducing underlying risk factors, and preparedness for (h) Secretary of the Department of Transportation and
effective response and early recovery. Communications (DOTC);

Section 5. National Disaster Risk Reduction and Management Council. - (i) Secretary of the Department of Budget and Management
The present National Disaster Coordinating Council or NDCC shall (DBM);
henceforth be known as the National Disaster Risk Reduction and
Management Council, hereinafter referred to as the NDRRMC or the (j) Secretary of the Department of Public Works and Highways
National Council. (DPWH);

The National Council shall be headed by the Secretary of the Department of (k) Secretary of the Department of Foreign Affairs (DFA);
National Defense (DND) as Chairperson with the Secretary of the
Department of the Interior and Local Government (DILG) as Vice (l) Secretary of the Department of Justice (DOJ);
Chairperson for Disaster Preparedness, the Secretary of the Department of
Social (m) Secretary of the Department of Labor and Employment
(DOLE);
Welfare and Development (DSWD) as Vice Chairperson for Disaster
Response, the Secretary of the Department of Science and Technology (n) Secretary of the Department of Tourism (DOT);
(DOST) as Vice Chairperson for Disaster Prevention and Mitigation, and
the Director-General of the National Economic and Development Authority
(o) The Executive Secretary;
(NEDA) as Vice Chairperson for Disaster Rehabilitation and Recovery.

(p)Secretary of the Office of the Presidential Adviser on the Peace

The National Council's members shall be the following:
Process (OPAPP);
(a) Secretary of the Department of Health (DOH);
(q) Chairman, Commission on Higher Education (CHED);
(b) Secretary of the Department of Environment and Natural
(r) Chief of Staff, Armed Forces of the Philippines (AFP);
Resources (DENR);

(s) Chief, Philippine National Police (PNP);

(c) Secretary of the Department of Agriculture (DA);
(t) The Press Secretary;
(u) Secretary General of the Philippine National Red Cross
(PNRC);
(v) Commissioner of the National Anti-Poverty Commission-
Victims of Disasters and Calamities Sector (NAPCVDC);
(w) Chairperson, National Commission on the Role of Filipino
Women;
(x) Chairperson, Housing and Urban Development Coordinating
Council (HUDCC);
(y) Executive Director of the Climate Change Office of the
Climate Change Commission;
(z) President, Government Service Insurance System (GSIS);
(aa) President, Social Security System (SSS);
(bb) President, Philippine Health Insurance Corporation
(PhilHealth);
(cc) President of the Union of Local Authorities of the Philippines
(ULAP);
(dd) President of the League of Provinces of the Philippines (LPP);
(ee) President of the League of Cities of the Philippines (LCP);
(ff) President of the League of Municipalities of the Philippines
(LMP);
(gg) President of the Liga ng Mga Barangay (LMB);
(hh) Four (4) representatives from the CSOs;
(ii) One (1) representative from the private sector; and
(jj) Administrator of the OCD.
The representatives from the CSOs and the private sector shall be selected
from among their respective ranks based on the criteria and mechanisms to
be set for this purpose by the National Council.
Section 6. Powers and Functions of the NDRRMC. - The National Council,
being empowered with policy-making, coordination, integration,
supervision, monitoring and evaluation functions, shall have the following
responsibilities:
(a) Develop a NDRRMF which shall provide for a comprehensive,
all-hazards, multi-sectoral, inter-agency and community-based
approach to disaster risk reduction and management. The
Framework shall serve as the principal guide to disaster risk
reduction and management efforts in the country and shall be
reviewed on a five(5)-year interval, or as may be deemed
necessary, in order to ensure its relevance to the times;
(b) Ensure that the NDRRMP is consistent with the NDRRMF;
(c) Advise the President on the status of disaster preparedness,
prevention, mitigation, response and rehabilitation operations
being undertaken by the government, CSOs, private sector, and
volunteers; recommend to the President the declaration of a state of
calamity in areas extensively damaged; and submit proposals to
restore normalcy in the affected areas, to include calamity fund
allocation;
(d) Ensure a multi-stakeholder participation in the development,
updating, and sharing of a Disaster Risk Reduction and
Management Information System and Geographic Information
System-based national risk map as policy, planning and decision-
making tools;
(e) Establish a national early warning and emergency alert system
to provide accurate and timely advice to national or local
emergency response organizations and to the general public
through diverse mass media to include digital and analog
broadcast, cable, satellite television and radio, wireless
communications, and landline communications;
(f) Develop appropriate risk transfer mechanisms that shall
guarantee social and economic protection and increase resiliency in
the face of disaster;
(g) Monitor the development and enforcement by agencies and
organizations of the various laws, guidelines, codes or technical
standards required by this Act;
(h) Manage and mobilize resources for disaster risk reduction and
management including the National Disaster Risk Reduction and
Management Fund;
(i) Monitor and provide the necessary guidelines and procedures.
on the Local Disaster Risk Reduction and Management Fund
(LDRRMF) releases as well as utilization, accounting and auditing
thereof;
(j) Develop assessment tools on the existing and potential hazards
and risks brought about by climate change to vulnerable areas and
ecosystems in coordination with the Climate Change Commission;
(k) Develop vertical and horizontal coordination mechanisms for a
more coherent implementation of disaster risk reduction and
management policies and programs by sectoral agencies and
LGUs;
(l) Formulate a national institutional capability building program
for disaster risk reduction and management to address the specific'
weaknesses of various government agencies and LGUs, based on
the results of a biennial baseline assessment and studies;
(m) Formulate, harmonize, and translate into policies a national
agenda for research and technology development on disaster risk
reduction and management;
(n) In coordination with the Climate Change Commission,
formulate and implement a framework for climate change
adaptation and disaster risk reduction and management from which
all policies, programs, and projects shall be based;
(o) Constitute a technical management group composed of
representatives of the abovementioned departments, offices, and
organizations, that shall coordinate and meet as often as necessary
to effectively manage and sustain national efforts on disaster risk
reduction and management;
(p) Task the OCD to conduct periodic assessment and performance
monitoring of the member-agencies of the NDRRMC, and the
Regional Disaster Risk Reduction and Management Councils
(RDRRMCs), as defined in the NDRRMP; and
(q) Coordinate or oversee the Implementation of the country's
obligations with disaster management treaties to which it IS a party
and see to It that the country's disaster management treaty
obligations be incorporated in its disaster risk reduction and
management frameworks, policies, plans, programs and projects.
Section 7. Authority of the NDRRMC Chairperson. - The Chairperson of
the NDRRMC may call upon other instrumentalities or entities of the
government and nongovernment and civic organizations for assistance In
terms of the use of their facilities and resources for the protection and
preservation of life and properties in the whole range of disaster risk
reduction and management. This authority includes the power to call on the
reserve force as defined in Republic Act No. 7077 to assist in relief and
rescue during disasters or calamities.
Section 8. The Office of Civil Defense. - The Office of Civil Defense (OCD)
shall have the primary mission of administering a comprehensive national
civil defense and disaster risk reduction and management program by
providing leadership in the continuous development of strategic and
systematic approaches as well as measures to reduce the vulnerabilities and
risks to hazards and manage the consequences of disasters.
The Administrator of the OCD shall also serve as Executive Director of the
National Council and, as such, shall have the same duties and privileges of a
department undersecretary. All appointees shall be universally
acknowledged experts in the field of disaster preparedness and management
and of proven honesty and integrity. The National Council shall utilize the
services and facilities of the OCD as the secretariat of the National Council.
Section 9. Powers and Functions of the OCD. - The OCD shall have the
following powers and functions:
(a) Advise the National Council on matters relating to disaster risk
reduction and management consistent with the policies and scope
as defined in this Act;
(b) Formulate and implement the NDRRMP and ensure that the
physical framework, social, economic and environmental plans of
communities, cities, municipalities and provinces are consistent
with such plan. The National Council shall approve the NDRRMP;
(c) Identify, assess and prioritize hazards and risks in consultation
with key stakeholders;
(d) Develop and ensure the implementation of national standards in
carrying out disaster risk reduction programs including
preparedness, mitigation, prevention, response and rehabilitation
works, from data collection and analysis, planning,
implementation, monitoring and evaluation;
(e) Review and evaluate the Local Disaster risk Reduction and
Management Plans (LDRRMPs) to facilitate the integration of
disaster risk reduction measures into the local Comprehensive
Development Plan (CDP) and Comprehensive Land-Use Plan (CL
UP);
(f) Ensure that the LG U s, through the Local Disaster Risk
Reduction and Management Offices (LDRRMOs) are properly
informed and adhere to the national standards and programs;
(g) Formulate standard operating procedures for the deployment of
rapid assessment teams, information sharing among different
government agencies, and coordination before and after disasters at
all levels;
(h) Establish standard operating procedures on the communication
system among provincial, city, municipal, and barangay disaster
risk reduction and management councils, for purposes of warning
and alerting them and for gathering information on disaster areas
before, during and after disasters;
(i) Establish Disaster Risk Reduction and Management Training
Institutes in such suitable location as may be deemed appropriate
to train public and private individuals, both local and national, in
such subject as disaster risk reduction and management among
others. The Institute shall consolidate and prepare training
materials and publications of disaster risk reduction and
management books and manuals to assist disaster risk reduction
and management workers in the planning and implementation of
this program and projects. The Institute shall conduct research
programs to upgrade know ledge and skills and document best
practices on disaster risk reduction and management. The Institute
is also mandated to conduct periodic awareness and education
programs to accommodate new elective officials and members of
the LDRRMCs;
(j) Ensure that all disaster risk reduction programs, projects and
activities requiring regional and international support shall be in
accordance with duly established national policies and aligned with
international agreements;
(k) Ensure that government agencies and LGUs give toppriority
and take adequate and appropriate measures in disaster risk
reduction and management;
 (l) Create an enabling environment for substantial and sustainable
participation of CSOs, private groups, volunteers and communities,
and recognize their contributions in the government's disaster risk
reduction efforts;
(m) Conduct early recovery and post-disaster needs assessment
institutionalizing gender analysis as part of it;
(n) Establish an operating facility to be known as the National
Disaster Risk Reduction and Management Operations Center
(NDRRMOC) that shall be operated and staffed on a twenty-four
(24) hour basis;
(o) Prepare the criteria and procedure for the enlistment of
accredited community disaster volunteers (ACDVs). It shall
include a manual of operations for the volunteers which shall be
developed by the OCD in consultation with various stakeholders;
(p) Provide advice and technical assistance and assist in mobilizing
necessary resources to increase the overall capacity of LGUs,
specifically the low income and in high-risk areas;
(q) Create the necessary offices to perform its mandate as provided
under this Act; and
(r) Perform such other functions as may be necessary for effective
operations and implementation of this Act.
Section 10. Disaster Risk Reduction and Management Organization at the
Regional Level. - The current Regional Disaster Coordinating Councils shall
henceforth be known as the Regional Disaster Risk Reduction and
Management Councils (RDRRMCs) which shall coordinate, integrate,
supervise, and evaluate the activities of the LDRRMCs. The RDRRMC
shall be responsible in ensuring disaster sensitive regional development
plans, and in case of emergencies shall convene the different regional line
agencies and concerned institutions and authorities.
The RDRRMCs shall establish an operating facility to be known as the
Regional Disaster Risk Reduction and Management Operations Center
(RDRRMOC) whenever necessary.
The civil defense officers of the OCD who are or may be designated as
Regional Directors of the OCD shall serve as chairpersons of the
RDRRMCs. Its Vice Chairpersons shall be the Regional Directors of the
DSWD, the DILG, the DOST, and the NEDA. In the case of the
Autonomous Region in Muslim Mindanao (ARMM), the Regional
Governor shall be the RDRRMC Chairperson. The existing regional offices
of the OCD shall serve as secretariat of the RDRRMCs. The RDRRMCs
shall be composed of the executives of regional offices and field stations at
the regional level of the government agencies.
Section 11. Organization at the Local Government Level. - The existing
Provincial, City, and Municipal Disaster Coordinating Councils shall
henceforth be known as the Provincial, City, and Municipal Disaster Risk
Reduction and Management Councils. The Barangay Disaster Coordinating
Councils shall cease to exist and its powers and functions shall henceforth
be assumed by the existing Barangay Development Councils (BDCs) which
shall serve as the LDRRMCs in every barangay.
(a) Composition: The LDRRMC shall be composed of, but not
limited to, the following:
(1) The Local Chief Executives, Chairperson;
(2) The Local Planning and Development Officer,
member;
(3) The Head of the LDRRMO, member;
(4) The Head of the Local Social Welfare and
Development Office, member;
(5) The Head of the Local Health Office, member;
(6) The Head of the Local Agriculture Office, member;
 (7) The Head of the Gender and Development Office,
member;
(8) The Head of the Local Engineering Office, member;
(9) The Head of the Local Veterinary Office, member;
(10) The Head of the Local Budget Office, member;
(11) The Division Head/Superintendent of Schools of the
DepED, member;
(12) The highest-ranking officer of the Armed Forces of
the Philippines (AFP) assigned in the area, member;
(13) The Provincial Director/City/Municipal Chief of the
Philippine National Police (PNP), member;
(14) The Provincial Director/City/ Municipal Fire
Marshall of the Bureau of Fire Protection (BFP), member;
(15) The President of the Association of Barangay
Captains (ABC), member;
(16) The Philippine National Red Cross (PNRC),
member;
(17) Four (4) accredited CSOs, members; and
(18) One (1) private sector representative, member.
(b) The LDRRMCs shall have the following functions:
(1) Approve, monitor and evaluate the implementation of
the LDRRMPs and regularly review and test the plan
consistent with other national and local planning
programs;
(2) Ensure the integration of disaster risk reduction and
climate change adaptation into local development plans,
programs and budgets as a strategy in sustainable
development and poverty reduction;
(3) Recommend the implementation of forced or
preemptive evacuation of local residents, if necessary; and
(4) Convene the local council once every three (3) months
or as necessary.
Section 12. Local Disaster Risk Reduction and Management Office
(LDRRMO). - (a) There shall be established an LDRRMO in every
province, city and municipality, and a Barangay Disaster Risk Reduction
and Management Committee (BDRRMC) in every · barangay which shall
be responsible for setting the direction, development, implementation and
coordination of disaster risk management programs within their territorial
jurisdiction.
(b) The LDRRMO shall be under the office of the governor, city or
municipal mayor, and the punong barangay in case of the
BDRRMC. The LDRRMOs shall be initially organized and
composed of a DRRMO to be assisted by three (3) staff
responsible for: (1) administration and training; (2) research and
planning; and (3) operations and warning. The LDRRMOs and the
BDRRMCs shall organize, train and directly supervise the local
emergency response teams and the ACDVs.
(c) The provincial, city and municipal DRRMOs or BDRRMCs
shall perform the following functions with impartiality given the
emerging challenges brought by disasters of our times:
(1) Design, program, and coordinate disaster risk
reduction and management activities consistent with the
National Council's standards and guidelines;
(2) Facilitate and support risk assessments and
contingency planning activities at the local level;
(3) Consolidate local disaster risk information which
includes natural hazards, vulnerabilities, and climate
change risks, and maintain a local risk map;
(4) Organize and conduct training, orientation, and
knowledge management activities on disaster risk
reduction and management at the local level;
(5) Operate a multi-hazard early warning system, linked
to disaster risk reduction to provide accurate and timely
advice to national or local emergency response
organizations and to the general public, through diverse
mass media, particularly radio, landline communications,
and technologies for communication within rural
communities;
(6) Formulate and implement a comprehensive and -
integrated LDRRMP in accordance with the national,
regional and provincial framework, and policies on
disaster risk reduction in close coordination with the local
development councils (LDCs);
(7) Prepare and submit to the local sanggunian through
the LDRRMC and the LDC the annual LDRRMO Plan
and budget, the proposed programming of the LDRRMF,
other dedicated disaster risk reduction and management
resources, and other regular funding source/s and
budgetary support of the LDRRMO/BDRRMC;
(8) Conduct continuous disaster monitoring and mobilize
instrumentalities and entities of the LGUs, CSOs, private
groups and organized volunteers, to utilize their facilities
and resources for the protection and preservation of life
and properties during emergencies in accordance with
existing policies and procedures;
(9) Identify, assess and manage the hazards vulnerabilities
and risks that may occur in their locality;
(10) Disseminate information and raise public awareness
about those hazards. vulnerabilities and risks, their nature,
effects, early warning signs and counter-measures;
(11) Identify and implement cost-effective risk reduction
measures/strategies;
(12) Maintain a database of human resource, equipment,
directories, and location of critical infrastructures and
their capacities such as hospitals and evacuation centers;
(13) Develop, strengthen and operationalize mechanisms
for partnership or networking with the private sector,
CSOs, and volunteer groups;
(14) Take all necessary steps on a continuing basis to
maintain, provide, or arrange the provision of, or to
otherwise make available, suitably-trained and competent
personnel for effective civil defense and disaster risk
reduction and management in its area;
(15) Organize, train, equip and supervise the local
emergency response teams and the ACDV s, ensuring that
humanitarian aid workers are equipped with basic skills to
assist mothers to breastfeed;
(16) Respond to and manage the adverse effects of
emergencies and carry out recovery activities in the
affected area, ensuring that there is an efficient
mechanism for immediate delivery of food, shelter and
medical supplies for women and children, endeavor to
create a special place where internally-displaced mothers
can find help with breastfeeding, feed and care for their
babies and give support to each other;
(17) Within its area, promote and raise public awareness
of and compliance with this Act and legislative provisions
relevant to the purpose of this Act;
 (18) Serve as the secretariat and executive arm of the
LDRRMC;
(19) Coordinate other disaster risk reduction and
management activities;
(20) Establish linkage/network with other LGUs for
disaster risk reduction and emergency response purposes;
(21) Recommend through the LDRRMC the enactment of
local ordinances consistent with the requirements of this
Act;
(22) Implement policies, approved plans and programs of
the LDRRMC consistent with the policies and guidelines
laid down in this Act;
(23) Establish a Provincial/City/Municipal/Barangay
Disaster Risk Reduction and Management Operations
Center;
(24) Prepare and submit, through the LDRRMC and the
LDC, the report on the utilization of the LDRRMF and
other dedicated disaster risk reduction and management
resources to the local Commission on Audit (COA), copy
furnished the regional director of the OCD and the Local
Government Operations Officer of the DILG; and
(25) Act on other matters that may be authorized by the
LDRRMC.
(d) The BDRRMC shall be a regular committee of the existing
BDC and shall be subject thereto. The punong barangay shall
facilitate and ensure the participation of at least two (2) CSO
representatives from existing and active community-based people's
organizations representing the most vulnerable and marginalized
groups in the barangay.
Section 13. Accreditation, Mobilization, and Protection of Disaster
Volunteers and National Service Reserve Corps, CSOs and the Private
Sector. - The government agencies, CSOs, private sector and LGUs may
mobilize individuals or organized volunteers to augment their respective
personnel complement and logistical requirements in the delivery of disaster
risk reduction programs and activities. The agencies, CSOs, private sector,
and LGUs concerned shall take full responsibility for the enhancement,
welfare and protection of volunteers, and shall submit the list of volunteers
to the OCD, through the LDRRMOs, for accreditation and inclusion in the
database of community disaster volunteers.
A national roster of ACDVs, National Service Reserve Corps, CSOs and the
private sector shall be maintained by the OCD through the LDRRMOs.
Accreditation shall be done at the municipal or city level.
Mobilization of volunteers shall be in accordance with the guidelines to be
formulated by the NDRRMC consistent with the provisions of this Act. Any
volunteer who incurs death or injury while engaged in any of the activities
defined under this Act shall be entitled to compensatory benefits and
individual personnel accident insurance as may be defined under the
guidelines.
Section 14. Integration of Disaster Risk Reduction Education into the
School Curricula and Sangguniang Kabataan (SK) Program and
Mandatory Training for the Public Sector Employees. - The DepED, the
CHED, the Technical Education and Skills Development Authority
(TESDA), in coordination with the OCD, the National Youth Commission
(NYC), the DOST, the DENR, the DILG-BFP, the DOH, the DSWD and
other relevant agencies, shall integrate disaster risk reduction and
management education in the school curricula of secondary and tertiary
level of education, including the National Service Training Program
(NSTP), whether private or public, including formal and nonformal,
technical-vocational, indigenous learning, and out-of-school youth courses
and programs.
The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the
BDRRMCs and the SK councils shall encourage community, specifically
the youth, participation in disaster risk reduction and management activities,
such as organizing quick response groups, particularly in identified disaster-
prone areas, as well as the inclusion of disaster risk reduction and
management programs as part of the SK programs and projects.
The public sector employees shall be trained in emergency response and
preparedness. The training is mandatory for such employees to comply with
the provisions of this Act.
Section 15. Coordination During Emergencies. - The LDRRMCs shall take
the lead in preparing for, responding to, and recovering from the effects of
any disaster based on the following criteria:
(a) The BDC, if a barangay is affected;
(b) The city/municipal DRRMCs, If two (2) or more barangays are
affected;
(c) The provincial DRRMC, if two (2) or more
cities/municipalities are affected;
(d) The regional DRRMC, if two (2) or more provinces are
affected; and
(e) The NDRRMC, if two (2) or more regions are affected.
The NDRRMC and intermediary LDRRMCs shall always act as support to
LGUs which have the primary responsibility as first disaster responders.
Private sector and civil society groups shall work in accordance with the
coordination mechanism and policies set by the NDRRMC and concerned
LDRRMCs.
Section 16. Declaration of State of Calamity. - The National Council shall
recommend to the President of the Philippines the declaration of a cluster of
barangays, municipalities, cities, provinces, and regions under a state of
calamity, and the lifting thereof, based on the criteria set by the National
Council. The President's declaration may warrant international humanitarian
assistance as deemed necessary.
The declaration and lifting of the state of calamity may also be issued by the
local sanggunian, upon the recommendation of the LDRRMC, based on the
results of the damage assessment and needs analysis.
Section 17. Remedial Measures. - The declaration of a state of calamity
shall make mandatory the Immediate undertaking of the following remedial
measures by the member-agencies concerned as defined in this Act:
(a) Imposition of price ceiling on basic necessities and prime
commodities by the President upon the recommendation of the
implementing agency as provided for under Republic Act No.
7581, otherwise known as the "Price Act", or the National Price
Coordinating Council;
(b) Monitoring, prevention and control by the Local Price
Coordination Council of overpricing/profiteering and hoarding of
prime commodities, medicines and petroleum products;
(c) Programming/reprogramming of funds for the repair and safety
upgrading of public infrastructures and facilities; and
(d) Granting of no-interest loans by government financing or
lending institutions to the most affected section of the population
through their cooperatives or people's organizations.
Section 18. Mechanism for International Humanitarian Assistance. - (a)
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 105 of the Tariff
and Customs Code of the Philippines, as amended, and the prevailing
provisions of the General Appropriations Act covering national internal
revenue taxes and import duties of national and local government agencies;
and
(b) Importations and donations under this section shall be
considered as importation by and/or donation to the NDRRMC,
subject to the approval of the Office of the President.
Section 19. Prohibited Acts. - Any person, group or corporation who
commits any of the following prohibited acts shall be held liable and be
subjected to the penalties as prescribed in Section 20 of this Act:
(a) Dereliction of duties which leads to destruction, loss of lives,
critical damage of facilities and misuse of funds;
(b) Preventing the entry and distribution of relief goods in disaster-
stricken areas, including appropriate technology, tools, equipment,
accessories, disaster teams/experts;
(c) Buying, for consumption or resale, from disaster relief agencies
any relief goods, equipment or other and commodities which are
intended for distribution to disaster affected communities;
(d) Buying, for consumption or resale, from the recipient disaster
affected persons any relief goods, equipment or other aid
commodities received by them;
(e) Selling of relief goods, equipment or other aid commodities
which are intended for distribution to disaster victims;
(f) Forcibly seizing relief goods, equipment or other aid
commodities intended for or consigned to a specific group of
victims or relief agency;
(g) Diverting or misdelivery of relief goods, equipment or other aid
commodities to persons other than the rightful recipient or
consignee;
(h) Accepting, possessing, using or disposing relief goods,
equipment or other aid commodities not intended for nor consigned
to him/her;
(i) Misrepresenting the source of relief goods, equipment or other
aid commodities by:
(1) 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;
(2) 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;
(3) Making false verbal claim that the goods, equipment
or other and commodity m its untampered original
containers actually came from another agency or persons
or was released upon the instance of a particular agency
or persons;
(j) Substituting or replacing relief goods, equipment or other aid
commodities with the same items or inferior/cheaper quality;
(k) Illegal solicitations by persons or organizations representing
others as defined in the standards and guidelines set by the
NDRRMC;
(l) Deliberate use of false at inflated data in support of the request
for funding, relief goods, equipment or other aid commodities for
emergency assistance or livelihood projects; and
(m) Tampering with or stealing hazard monitoring and disaster
preparedness equipment and paraphernalia.
Section 20. Penal Clause. - Any individual, corporation, partnership,
association, or other juridical entity that commits any of the prohibited acts
provided for in Section 19 of this Act shall be prosecuted and upon
conviction shall suffer a fine of not less than Fifty thousand pesos
(Php50,000.00) or any amount not to exceed Five hundred thousand pesos
(php500,000.00) or imprisonment of not less than six (6) years and one (1)
day or more than twelve (12) years, or both, at the discretion of the court,
including perpetual disqualification from public office if the offender IS a
public officer, and confiscation or forfeiture in favor of the government of
the objects and the instrumentalities used in committing any of herein
prohibited acts.
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 license
or accreditation issued to them by any licensing or accredited body of the
government. If such offender is an alien, he or she shall, in addition to the
penalties prescribed in this Act, be deported without further proceedings
after service of the sentence.
However, the prosecution for offenses set forth in Section 19 of this Act
shall be without prejudice to any liability for violation of Republic Act No.
3185, as amended, otherwise known as the Revised Penal Code, and other
civil liabilities.
Section 21. Local Disaster Risk" Reduction and Management Fund
(LDRRMF). - The present Local Calamity Fund shall henceforth be known
as the Local Disaster Risk Reduction and Management Fund (LDRRMF).
Not less than five percent (5%) of the estimated revenue from regular
sources shall be set aside as the LDRRMF to support disaster risk
management activities such as, but not limited to, pre-disaster preparedness
programs including training, purchasing life-saving rescue equipment,
supplies and medicines, for post-disaster activities, and for the payment of
premiums on calamity insurance. The LDRRMC shall monitor and evaluate
the use and disbursement of the LDRRMF based on the. LDRRMP as
incorporated in the local development plans and annual work and financial
plan. Upon the recommendation of the LDRRMO and approval of the
sanggunian concerned, the LDRRMC may transfer the said fund to support
disaster risk reduction work of other LDRRMCs which are declared under
state of calamity.
Of the amount appropriated for LDRRMF, thirty percent (30%) shall be
allocated as Quick Response Fund (QRF) or stand-by fund for relief and
recovery programs in order that situation and living conditions of people In
communities or areas stricken by disasters, calamities, epidemics, or
complex emergencies, may be normalized as quickly as possible.
Unexpended LDRRMF shall accrue to a special trust fund solely for the
purpose of supporting disaster risk reduction and management activities of
the LDRRMCs within the next five (5) years. Any such amount still not
fully utilized after five (5) years shall revert back to the general fund and
will be available for other social services to be identified by the local
sanggunian.
Section 22. National Disaster Risk" Reduction and Management Fund. - (a)
The present Calamity Fund appropriated under the annual General
Appropriations Act shall henceforth be known as the National Disaster Risk
Reduction and Management Fund (NDRRM Fund) and it shall be used for
disaster risk reduction or mitigation, prevention and preparedness activities
such as but not limited to training of personnel, procurement of equipment,
and capital expenditures. It can also be utilized for relief, recovery,
reconstruction and other work or services in connection with natural or
human induced calamities which may occur during the budget year or those
that occurred in the past two (2) years from the budget year.
(b) The specific amount of the NDRRM Fund and the appropriate
recipient agencies and/or LGUs shall be determined upon approval
of the President of the Philippines in accordance with the favorable
recommendation of the NDRRMC.
(c) Of the amount appropriated for the NDRRM Fund, thirty
percent (30%) shall be allocated as Quick Response Fund (QRF) or
stand-by fund for relief and recovery programs in order that
situation and living conditions of people in communities or areas
stricken by disasters, calamities, epidemics, or complex
emergencies, may be normalized as quickly as possible.
(d) All departments/agencies and LGUs that are allocated with
DRRM fund shall submit to the NDRRMC their monthly
statements on the utilization of DRRM funds and make an
accounting thereof in accordance with existing accounting and
auditing rules.
(e) 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 DRRM
 activities in accordance with the guidelines to be issued by the
NDRRMC in coordination with the DBM.
Section 23. Funding of the OCD. - As lead agency to carry out the
provisions of this Act, the OCD shall be allocated a budget of One billion
pesos (Php1,000,000,000.00) revolving fund starting from the effectivity of
this Act.
Section 24. Annual Report. - The National Council, through the OCD, shall
submit to the Office of the President, the Senate and the House of
Representatives, within the first quarter of the succeeding year, an annual
report relating to the progress of the implementation of the NDRRMP.
Section 28. Repealing Clause. - Presidential Decree No. 1566 and all other
laws, decrees, executive orders, proclamations and other executive
issuance's which are inconsistent with or contrary to the provisions of this
Act are hereby amended or repealed accordingly.
Section 29. Separability Clause. - If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall
remain m full force and effect.
Section 30. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its complete publication in the Official Gazette or in two (2)
national newspapers of general circulation.

Section 25. Implementing Rules and Regulations. - The NDRRMC. through Approved,
its Chairperson. shall issue the necessary rules and regulations for the
effective implementation of this Act within ninety (90) days after approval
of this Act. The OCD. in consultation with key stakeholders. shall take the
(Sgd.) PROSPERO C. (Sgd.) JUAN PONCE ENRILE
lead in the preparation of the implementing rules and regulations with the
NOGRALES President of the Senate
active involvement of the technical management group of the NDRRMC.
Speaker of the House of
Representatives
Section 26. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee to monitor and oversee the
implementation of the provisions of this Act. The Committee shall be This Act which is a consolidation of Senate Bill No. 3086 and House Bill
composed of six (6) members from the Senate and six (6) members from the No, 6985 was finally passed by the Senate and the House of Representatives
House of Representatives with the Chairpersons of the Committees on on February 1, 2010.
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 (Sgd.) MARILYN B. BARUA- (Sgd.) EMMA LIRIO-REYES
and the Speaker of the House of Representatives. respectively. The minority YAP Secretary of Senate
shall be entitled to pro rata represent3tion but shall have at least two (2) Secretary General
representatives from each Chamber. House of Representatives

Section 27. Sunset Review. - Within five (5) years after the effectivity of
this Act, or as the need arises, the Congressional Oversight Committee shall
Approved: May 27, 2010
conduct a sunset review. For purposes of this Act, the term "sunset review"
shall mean a systematic evaluation by the Congressional Oversight
Committee of the accomplishments and impact of this Act, as well as the (Sgd.) GLORIA MACAPAGAL-ARROYO
performance and organizational structure of its implementing agencies, for President of the Philippines
purposes of determining remedial legislation.
New energy in Asean
By Amado S. Tolentino, JR.
November 25, 2017
LIKE many countries around the world, the members of the Association of
Southeast Asian Nations (Asean) have realized that fossil fuels are outdated.
They cause many problems, with serious impacts on economics, global
politics and the environment. Indeed, new approaches need to be taken and
the technologies for doing so are well understood and available.
Asean energy business forum
Asean is on the right track judging from the recent 2017 Asean Energy
Business Forum and the Powertrends international exhibition on directions
for energy, power and electricity annually hosted by our energy department.
Both activities were held in conjunction with Asean@50 with the objective
of strengthening public-private partnership that could enhance the region’s
energy sector towards common target achievements.
Renewable energy (RE) technologies were tackled by Asean experts with
detailed experiences and best practices to the extent of, among others, the
development and commercial maturity of battery storage systems as
“coupling technology” to variable renewable energy generations.
Surprising is the availability of Asean member state companies with
flagship projects on power generation, transmission and distribution.
Services offered range from solar streetlights to solar pumping installation
for household water system and irrigation system to off-grid PV solar
systems for areas with no access to a stable power source.
In short, from connection to grid areas, the lack of access to energy in off-
grid areas is now possible in the region. In the latter instance, offer is for
both hybrid and off-grid systems designed with battery inverters and an
assortment of storage types all designed to match the needs of the end user.
Of all renewable sources available, solar is the most attractive alternative
due to the abundance of sunlight in Southeast Asia.
Philippine RE projects
In the Philippines alone, RE projects worth a total of P35.4 billion, expected
to help address the power demands of the government’s “Build Build
Build” program, have been approved by the Board of Investments (BOI).
Some of the projects are the Currimao-Talisay (Camarines Norte) project
and the Talim (Rizal)-Calatagan (Batangas) projects which involve wind
power and the San Jose City (Nueva Ecija) power plant that will use rice
husk, a feedstock.
According to data from the BOI, renewable energy plants (geothermal,
hydro, wind, biomass and solar) accounted for 7038 MW of installed
capacity in the country as of June this year, about a third of the national
capacity of 21,621 MW.
Since the ongoing infrastructure program involves construction and
modernization of airports, and the laying out of more roads, railroads and
transport networks all over the country, demand for power continues to go
up.
The Philippine private sector is active too in renewable energy projects. A
progressive Filipino businessman is into an 800 MW hydropower plant
project in Pangil, Laguna. At one time, the solar farm built by Gregorio
Araneta Inc. with partner Soleq, one of Southeast Asia’s largest solar
independent producers, was No. 1 in the Asean region. SM Supermalls, on
the other hand, will install electric charging stations for electric vehicles
with the first outlets in some malls to go online by February 2018.
RE infrastructure vis-à-vis migratory species and their habitats
The race is on. Which Asean country could be the first to be completely
powered by renewable energy? In the past three years, the share of
renewable energy in the Asean power mix has already risen to an
appreciable degree due mainly to the fast-paced solar and wind power use.
A target of 100 percent is ambitious but the governments are determined to
achieve at least 50 percent sometime after three decades or so. In fact, the
Asean landscape is ever changing with some inland areas abloom with solar
panels and wind turbines in strong windswept coastal zones.
Be that as it may, the requirement of numerous pylons and cables to
transmit energy from renewable sources should be approached with caution
because of detrimental effects on wildlife habitats and migration routes of
bird species. One solution in use in Spain is the “shut-off on demand”
technique requiring turbines to be deactivated during the most sensitive time
for wildlife, such as the migration season or during periods with low wind
speeds. It was also revealed that as the turbines are also at their least
productive during such times, the amount of electricity lost is insignificant.
Indeed, designing the location, route and direction of power lines based on
national zoning maps or land use codes avoiding, where possible, waterbird
habitats, protected areas (usually wetlands of importance to migratory birds,
e.g. tidal flats, marshes, etc.) and other critical areas is now a paramount
concern in the management of migratory species and their habitats.
And what is the significance of renewable energy infrastructure vis-à-vis
migratory species? Expanding infrastructure threatens birds and their
habitats. Migratory species play a major role in the conservation of
resources. They act as pollinators and seed dispensers, helping safeguard
biodiversity which benefits food security for people. They regulate the
balance of ecosystems by hunting their prey along their migration routes.
They are also a source of revenue for many communities. Yet, fatal
collision of birds with electricity power lines is most common. The
magnitude of bird-power grid conflict is still poorly understood in many
countries, including those in the East Asia-Australasia Flyway.
Coal Alliance,” it aims at accelerating clean growth and achieving rapid
phase-out of traditional coal power.
Among the initial members are Austria, Costa Rica, France, New Zealand,
United Kingdom, Finland, Mexico, El Salvador as well as five Canadian
provinces and the US states of Washington and Oregon. The alliance also
brings together a wide range of businesses and civil society organizations
that have united for climate protection. It intends to expand to more than 50
members by the next UN climate conference in Poland in 2018.
According to the International Energy Agency, coal-fired power plants
produce almost 40 percent of global electricity, making carbon pollution
from coal a leading contributor to climate change. All burning of coal
causes severe respiratory disease and has many other damaging health
effects, in addition to being a driver of climate change.
With all renewable plants—hydro, geothermal, biomass, solar and wind
around—would wave power or underwater current energy not be far behind
in the Asean?

Due to its location in the Pacific and by the South China Sea, Asean
countries, except for landlocked Laos, have excellent conditions for solar
and wind power generation. With an estimated 350 days of sunshine and
varying year-round wind speeds which, if effectively harnessed, could very
well provide the needed energy, it is safe to conclude that the target could
be reached, taking into account environmental considerations.

Global alliance to phase out coal

It should also be mentioned that at the UN climate change conference 2017
in Bonn (Germany), an alliance of 27 countries and states pledged to phase
out coal-fired electricity by 2030 and end all domestic and international
investment in coal in favor of renewable energy use. Called “Powering Past
Seeking fresh water in times
of climate change crisis
By Amado S. Tolentino, JR.
April 29, 2016
“Water is a far more pressing problem than climate
change. Even if climate wouldn’t change, we have
a water problem and this water problem is much
more urgent…..”
Peter Brabeck
AT the dawn of the 21st century, it was touted that 2001 marks the first year
of the century of water. The idea, however, was overtaken by dramatic
changes in climate throughout the world that many thought climate is the
biggest problem and nothing else matters. Thus, in the meantime, the
looming global water shortage got far less attention than global warming.
According to the United Nations, one reason water receives less attention is
that unlike global warming, there is no such thing as a global water crisis.
Instead, there are a series of regional predicaments in a world where the
distribution of water is so lopsided that 60 percent of it is found in just nine
countries including Brazil, the US and Canada.
As a chemical compound, nothing could be simpler than water. Two atoms
of hydrogen joined to one of oxygen equals water. And, there is no shortage
of water on planet Earth, which is covered by water but more than 97
percent is salty. The shortage is of fresh water to grow crops, drinking and
sanitation water for households and to cool power plants.
In the past, military conflict over water rights was a grave national security
issue between some countries: Ethiopia and Egypt over the Nile; Botswana
and Namibia over the Okavango; Israel, Palestine and Jordan over the
Jordan River, to mention a few.
Water from rivers in those countries cross political boundaries with the
concomitant boundary issue. Be that as it may, the situation created a
natural interdependence between countries in sharing the water resource,
drawing people to work together on the water availability aspect even when
countries were officially at war.
Perhaps, “water wars” were averted at that time due to the changing
perception of the concept of permanent sovereignty over natural resources
in favor of functional sovereignty or equitable utilization of transboundary
shared resources. But in the light of the recent changed political and security
environment, could peaceful negotiation over water issues still hold on for a
much longer time?
Figure out the following: (i) China’s damming the source of water of the
Mekong River has sparked serious concern among countries downstream
namely Myanmar, Thailand, Laos, Cambodia and Vietnam; (ii) India, China
and Pakistan see rising tensions over shared water resources to boost
production to keep up with their huge and expanding populations; (iii) A
growing sense of alarm in Central Asia over the prospect that poor but
glacier-heavy nations (Tajikistan, Kyrgyzstan) may one day restrict the flow
of water to their parched but oil-rich neighbors (Uzbekistan, Kazakhstan
and Turkmenistan); (iv) Ultimate peace between Pakistan and India may
hinge as much on water as on nuclear weapons for the two countries must
share the glacier-dependent Indus.
The limited supply of freshwater must meet the needs of a human
population that has tripled in the last century and continues to grow at
almost 80 million every year. Right now, there is a torrent of water-related
news concerning the dry spell brought about by the drought effect of El
Niño, the declaration of state of calamity in specified areas due to lack of
adequate water supply and a decline in agricultural production on account of
scarcity of water for agriculture.
Based on numerous studies, including those done by the Japan International
Cooperation Agency (JICA) and confirmed by a UNICEF-WHO report, 8.4
million Filipinos have no access to clean drinking water. The major reason
for freshwater scarcity in the Philippines is pollution from industries,
households, tourism sites and agricultural areas. Industries use a wide range
of chemicals, many of which are highly toxic and find their way to natural

water systems. Wastewater from households follow the same route to
natural water channels like run-offs of agricultural chemicals such as
fertilizers and pesticides.
A UNDP report further mentioned that the Metro Manila main underground
aquifer is so over pumped that groundwater levels have considerably
dropped to critical levels. This has induced saline water to encroach into
coastal zones and threaten Marikina Valley and places along the Laguna
Lake region. Once again, water rationing plans are on board in Metro
manila.
Even the Rainwater Collection Facilities and Spring Water Protection Law
(1989), which mandates construction of water wells, rainwater collectors,
development of springs, rehabilitation of existing water wells in all
barangays in the Philippines, remains in the books, largely unimplemented.
The solution to water scarcity is largely in the hands of governments
because it requires policies such as better and effective regulation of
groundwater, irrigation and more intelligent use of wastewater. Among
Asean countries, Thailand adopted a policy to minimize use of water by not
growing off-season rice as a response to the gravity of the drought situation.
Water has to be conserved for household consumption. Farmers switched to
drought-resistant crops such as beans or raising livestock. Others resorted to
raising poultry or farming shallow-water fish in baskets. Many rice farmers
have also joined government-sponsored employment schemes such as
working on irrigation canal dredging projects, which generate more than
40,000 jobs nationwide.
With the recent formal signing at the UN Headquarters in New York by 171
countries of the Paris Agreement on reduction of greenhouse gas emission,
water scarcity has “come of age” as a forefront issue. As countries actively
pursue major actions like a shift to renewable energy sources (solar, wind,
biomass, hydropower, etc.) to stop the devastating impacts of climate
change, it is now the time for action to set the pathway that will lead to a
far-reaching effort to meet the challenges posed by the most precious but
finite resource on Earth – fresh water.
Ambassador Amado Tolentino, Jr. continues with his engagement as a
member of the Asociacion Internacional de Derecho de Aguas (Rome).
Looming water wars?
By Amado S. Tolentino, JR.
May 11, 2019
WATER wars seem to be inevitable as a consequence of climate change
which brings about major global challenges — loss of water resources due
to deforestation, expansion of agriculture and urban growth; warmer
temperature causing desertification and inadequate food supply; drought
sparked conflicts over water supply as downriver inhabitants safeguard their
share. All these could undermine a country’s capacity to carry out its
function of providing security to its people.
The security implications of the earth’s environmental degradation are
forcing governments and militaries to review their long- term defense
strategies. Defense planning is increasingly being shaped by climate and
resource considerations.
Security implications of severe climate change include, but is not limited to:
a) huge movements of people from uninhabitable areas because of
nonavailability of water; b) conflicts over basic resources like water and
food exacerbating water scarcity and increase in food costs and food
shortage; c) intermittent energy production and disruption of transportation
of goods of varying lengths and magnitudes; and d) intensified heat waves
presenting challenges to outdoor military training and personnel efficiency.
There is, therefore, a need to strengthen military capabilities in anticipation
of impending climate wars — resource war (oil and minerals); migratory
wars (climate refugees and asylum seekers out of mass migration to avoid
terrorist attacks and armed conflict); and water wars (diminished water for
agriculture and water supply shortage for domestic use).
In the past, military conflict over water rights was a grave national security
issue between and among countries: Ethiopia and Egypt over the Nile;
Botswana and Namibia over the Okavango; Israel, Palestine and Jordan
over the Jordan River, to name a few.
Water from rivers in those countries cross political boundaries with the
concomitant boundary issue. Be that as it may, the situation created a
natural interdependence between countries in sharing the water resource,
drawing the people to work together on the water availability aspect even
when the countries were officially at war.
Perhaps, water wars were averted that time due to the changing perception
of the concept of permanent sovereignty over natural resources in favor of
functional sovereignty, or equitable utilization of transboundary shared
resources. But in light of the recent changed political and security
environment, could peaceful negotiation over water issues still hold on for a
much longer time?
Asia. Figure out the following: (a) China’s damming the source of water of
the Mekong River has sparked serious concern among Southeast Asian
countries downstream namely, Myanmar, Thailand, Lao PDR, Cambodia
and Vietnam; (b) India, China and Pakistan see rising tensions over shared
water resources to boost production to keep up with their huge and
expanding populations; (c) A growing sense of alarm over the prospect that
poor but glacier-heavy nations in Central Asia (Tajikistan, Kyrgyzstan) may
one day restrict the flow of water to their parched but oil-rich neighbors
(Uzbekistan, Kazakhstan and Turkmenistan); (d) In South Asia, ultimate
peace between Pakistan and India may hinge as much on water as on
nuclear weapons for the two countries must share the glacier-dependent
Indus.
In addition, environmental proposals/developments with political
undertones at this point in time are worth noting.
Middle East. In 2016, EcoPeace, a joint Israeli, Jordanian and Palestinian
NGO presented an ambitious proposal to develop renewable energy using
solar power in the region. The proposal is a $30 billion plan to build a
number of desalination plants on the Mediterranean shore of Israel and the
Gaza Strip. At the same time, large areas of Jordan’s eastern desert would
host a 200-sq km solar energy plant which would provide power for
desalination (and for Jordan) in exchange for water from the coast. The
rapid increase in the population of Jordan, by the way, caused by refugees
from Syria and Iraq is aggravating the water shortage and leading to further
political instability.
Although Israel already supplies most of the Palestinian Authority’s
electricity, and pipes water from the Sea of Galilee to Jordan, many Arab
countries have signed up to boycotts that prohibit them from connecting
Israel to their power grids. But aside from political obstacles, the main
drawback to making fresh water from the sea is that it takes a lot of energy
aside from the fact that similar grand designs in the past foundered on the
rocks of reality. Furthermore, a tense political situation recently resurfaced
in the region.
North Africa. Egypt, Sudan and Ethiopia are the three main beneficiaries of
the water that flows through the Nile River. The river provides nearly all of
Egypt’s water. It claims two/thirds of the flow based on a treaty it signed
with Sudan in 1959. But the rate is no longer enough to satisfy Egypt’s
growing population and sustain the water needs of its agricultural crops.
Egypt wanted to stop the largest hydroelectric project in Africa under
construction by Ethiopia despite the fact it signed a declaration along with
Sudan and Ethiopia that tacitly consents to the dam construction as long as
there is no “significant harm” to downstream countries. To date, “significant
harm” remains undefined.
Mistrust hangs over the dam’s ultimate use. Ethiopia insists it will only
produce power but Egypt fears it will be used for agriculture, cutting
downstream supply. Sudan on the other hand, will receive some power
produced by the dam. By stabilizing the Nile’s flow, it will also allow
Sudan to prevent flooding, conserve more water and increase agricultural
output.
Referred to as Ethiopia’s Renaissance Dam, it is the latest test of the three
countries’ willingness to share water. Difficulties include Ethiopia’s plan to
build other dams on the river which could further affect downstream supply.
Sudan has promised investors an abundance of water for irrigation. Egypt
feels it is now at the mercy of its neighbors vis-à-vis the water from the
Nile.
 Pope Francis vis-à-vis earth
Supposed to be completed in 2017, the completion of the mostly self-funded
$4.8-billion dam will be delayed to 2022. In the meantime, the potential
impacts of Ethiopia’s Renaissance Dam have been the source of regional
controversy and discord.
stewards
By Amado S. Tolentino, JR.
August 8, 2015

“The earth does not belong to man. Man belongs to the earth …. This we
know: Whatever befalls the earth befalls the sons of the earth. Man did not
weave the web of life: he is merely a strand in it …..”
Chief Seattle

AT long last, the Vatican released to the expectant world Pope Francis’
environment encyclical “Laudato Si.” Encyclicals are considered the most
authoritative document a Pope can issue. This one is about the dire effects
of environmental degradation especially on the poor and urges the world to
take action on moral grounds.

The encyclical could at best be described as the Pope’s lament and call to
action for the earth’s protection and sustainability. It links environmental
degradation with economic and social justice aiming to connect
environment very tightly to the Church’s social teaching to give preferential
treatment to the poor.

No one has written an encyclical focused on the environment before. For

analysts, this could be traced to the Pope’s Jesuit formation which
reinforces the idea “that we are stewards of God’s creation and that God is
somehow present in all of creation.” Therefore, we have a duty to look after
the earth responsibly. In that regard, Pope Francis should be credited for
having added the religious/moral dimension to an otherwise purely
scientific, political, and economic issue and concern.

Before the launch of “Laudato Si,” the Pope addressed a local group of
grassroots organizers in Rome saying that an economic system centered
only on money would “….plunder nature to sustain frenetic levels of
consumption. Climate change, the loss of biodiversity, deforestation are
already showing their devastating effects…from which you, the humble, Hopefully, Pope Francis’ “Laudato Si” would lead to a united inter-faith
suffer the most.” response to make a case for climate change and urge everyone to take action
on moral grounds. After all, we are the Earth’s Stewards.

*Ambassador Amado Tolentino lectures at San Beda Alabang School of

Critics of the Pope’s message against the unbridled pursuit of profits by Law and continues to write about environmental issues.
businessmen, however, say that the free market, far from being the source of
inequality is the great engine that will pull the world’s poor out of misery.

While the Pope’s devotion to nature has a theological basis it also has an
ethical component based on who, in particular, is responsible for
environmental problems. But more than the issue of who is responsible is
the dispute over the idea that population control and contraception are the
solutions to the planet’s limited resources rather than curve the consumerist,
wasteful behavior of the rich and the privileged.

Be that as it may, the encyclical emphasizes that man is part of God’s

creation and therefore entitled to protection.

Pope Francis has won much admiration for his humility and reputation as a
truth-teller who speaks simply and plainly. He is the leader of a world-wide
institution with 1.2 billion members with no political interests to protect and
no reelection campaign to wage. Indeed, he is well positioned to win a
debate on the issue of how to steward the Earth.

But will the encyclical make an impact on Catholics worldwide who did not
pay attention to the environmental issues before?

No religion in the world could be identified as against protection of the

environment from the effects of climate change. Buddhism is known to
respect and hold sacred anything that has life – trees, species of fauna, etc.
“In Islam, man is Al Khalifa (The Steward). His role on earth is to act as
God’s steward, and trustee of the bounties of the earth.” Even faith-based
organizations like the Evangelicals and Baptist faiths have been exceptional
leaders working on climate change.
 PART III
SPECIAL CIVIL ACTIONS
RULE 7
WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy available to a natural or
juridical person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official
or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
Section 2. Contents of the petition. - The verified petition shall contain the
following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if
the name and personal circumstances are unknown and uncertain,
the respondent may be described by an assumed appellation;
(c) The environmental law, rule or regulation violated or
threatened to be violated, the act or omission complained of, and
the environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or
provinces.
(d) All relevant and material evidence consisting of the affidavits
of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1) petitioner has
not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency, and no such
other action or claim is pending therein; (2) if there is such other
pending action or claim, a complete statement of its present status;
(3) if petitioner should learn that the same or similar action or
claim has been filed or is pending, petitioner shall report to the
court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the
issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with the Supreme
Court or with any of the stations of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt from the
payment of docket
fees.
Section 5. Issuance of the writ. - Within three (3) days from the date of
filing of the petition, if the petition is sufficient in form and substance, the
court shall give an order: (a) issuing the writ; and (b) requiring the
respondent to file a verified return as provided in Section 8 of this Rule. The
clerk of court shall forthwith issue the writ under the seal of the court
including the issuance of a cease and desist order and other temporary
reliefs effective until further order.
Section 6. How the writ is served. - The writ shall be served upon the
respondent by a court officer or any person deputized by the court, who
shall retain a copy on which to make a return of service. In case the writ
cannot be served personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court
who unduly delays or refuses to issue the writ after its allowance or a court
officer or deputized person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without prejudice to other civil,
criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a non-extendible period
of ten (10) days after service of the writ, the respondent shall file a verified
return which shall contain all defenses to show that respondent did not
violate or threaten to violate, or allow the violation of any environmental
law, rule or regulation or commit any act resulting to environmental damage
of such magnitude as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible, object evidence, in support
of the defense of the respondent.
A general denial of allegations in the petition shall be considered as an
admission thereof.
Section 9. Prohibited pleadings and motions. - The following pleadings and
motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the respondent fails to
file a return, the court shall proceed to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the respondent, the
court may call a preliminary conference to simplify the issues, determine
the possibility of obtaining stipulations or admissions from the parties, and
set the petition for hearing.
The hearing including the preliminary conference shall not extend beyond
sixty (60) days and shall be given the same priority as petitions for the writs
of habeas corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a verified motion for
the following reliefs:
(a) Ocular Inspection; order — The motion must show that an
ocular inspection order is necessary to establish the magnitude of
the violation or the threat as to prejudice the life, health or property
of inhabitants in two or more cities or provinces. It shall state in
detail the place or places to be inspected. It shall be supported by
affidavits of witnesses having personal knowledge of the violation
or threatened violation of environmental law.
After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for
the purpose of inspecting or
photographing the property or any relevant object or operation
thereon.
The order shall specify the person or persons authorized to make
the inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The
motion must show that a production order is necessary to establish
the magnitude of the violation or the threat as to prejudice the life,
health or property of inhabitants in two or more cities or provinces.
 After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or objects
in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf
of the movant.
(c) Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the
decision and orders of the court;
(d) Directing the respondent public official, government agency, or
private person or entity to make periodic reports on the execution
of the final judgment; and

The production order shall specify the person or persons authorized to make
the production and the date, time, place and manner of making the
inspection or production and may prescribe other conditions to protect the
constitutional rights of all parties.
Section 13. Contempt. - The court may after hearing punish the respondent
who refuses or unduly delays the filing of a return, or who makes a false
return, or any person who disobeys or resists a lawful process or order of
the court for indirect contempt under Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of memoranda. - After
hearing, the court shall issue an order submitting the case for decision. The
court may require the filing of memoranda and if possible, in its electronic
form, within a non-extendible period of thirty (30) days from the date the
petition is submitted for decision.
(e) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the
environment, except the award of damages to individual
petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the
adverse judgment or denial of motion for reconsideration, any party may
appeal to the Supreme Court under Rule 45 of the Rules of Court. The
appeal may raise questions of fact.
Section 17. Institution of separate actions. - The filing of a petition for the
issuance of the writ of kalikasan shall not preclude the filing of separate
civil, criminal or administrative actions.

Section 15. Judgment. - Within sixty (60) days from the time the petition is
submitted for decision, the court shall render judgment granting or denying
the privilege of the writ of kalikasan.

The reliefs that may be granted under the writ are the following:

(a) Directing respondent to permanently cease and desist from

committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental
destruction or damage;

(b) Directing the respondent public official, government agency,

private person or entity to protect, preserve, rehabilitate or restore
the environment;
West Tower v. PIC (2015) that regular testing, as well as the measures that are already
Facts: in place, will sufficiently address any concern of oil leaks
Respondent FPIC operates two pipelines since 1969, (1) the White from the WOPL.
Oil Pipeline (WOPL) System, which covers and (b) the Black Oil
Pipeline (BOPL) System.
2. NO, Individual directors and officers of FPIC and FGC are
In May 2010, however, a leakage from one of the pipelines was
suspected after the residents of West Tower Condominium not liable due to the explicit rule in the Rules of Procedure for
(WestTower) started to smell gas within the condominium. Petitioner Environmental cases that in a petition for a writ
FPIC initially disowned any leak from its oil pipeline. of kalikasan,the Court cannot grant the award of damages to
On October 29, 2010, FPIC admitted that indeed the source of the individual petitioners under Rule 7, Sec. 15(e) of the Rules of
fuel leak is the WOPL, which was already closed since October 24, Procedure for Environmental Cases.
2010, but denied liability by placing blame on the construction
activities on the roads surrounding West Tower.
On November 15, 2010, West Tower Condominium Corporation As duly noted by the CA, the civil case and criminal
(West Tower Corp.) interposed the present Petition for the Issuance complaint filed by petitioners against respondents are the
of a Writ of Kalikasan on behalf of the residents of West Tower and proper proceedings to ventilate and determine the individual
in representation of the surrounding communities in Barangay liability of respondents.
Bangkal, Makati City. West Tower Corp. also alleged that it is joined
by the civil society and several people’s organizations, non-
governmental organizations and public interest groups who have
expressed their intent to join the suit because of the magnitude of the
environmental issues involved.
Issue:
1. Whether a Permanent Environmental Protection Order
should be issued to direct the respondents to perform or to
desist from performing acts in order to protect, preserve, and
rehabilitate the affected environment?

2. Whether FGC and the directors and officers of respondents

FPIC and FGC may be held liable under the environmental
protection order?

Ratio:
1. NO, To recall, petitioners’ persistent plea is for the
conversion of the November 19, 2010 TEPO into a
Permanent Environmental Protection Order (PEPO)
pursuant to Sec. 3,46 Rule 5 of the Rules of Procedure for
Environmental Cases. For its part, respondent FPIC asserts
Cynthia Villar vs reclamation
FROM THE STANDS - Domini M. Torrevillas (The Philippine Star)
- October 22, 2013 - 12:00am
Senator Cynthia Villar has filed Senate Resolution 294 directing the Senate
Committee on Government Corporations and Public Enterprises to conduct
an inquiry, in aid of legislation, with the view to introduce reforms,
revisions and amendments in the mandate, powers and responsibilities of
the Philippine Reclamation Authority (PRA).
Villar calls attention to the government’s National Reclamation Plan
(NRP), made by PRA, which will involve 102 projects or 38,000 hectares
all over the country. Thirty eight of these reclamation projects
encompassing 26,234 hectares, will be implemented in the Manila Bay area
alone — or 70 per cent of the entire NRP. This creates another Metro
Manila along Manila Bay, she said in her privilege speech delivered before
her peers last week.
Villar has an ongoing petition (backed by the signatures of 315,849
residents of Las Pinas) vs. a Manila Bay reclamation project. which would
result in the reclamation of 635.14-hectares of Manila Bay, around the 175-
hectare Las Piñas-Parañaque Critical Habitat and Ecotourism Area or
LPPCHEA, which is a protected area by virtue of Proclamation Nos. 1412
and 1412-A and included in the Ramsar list of wetlands of international
importance, along with Tubbataha and the Palawan Underground River. The
said reclamation could affect 65 barangays in three cities (37 in Bacoor, 11
in Paranaque, and 17 in Las Pinas.
Villar elevated her petition to the Supreme Court to challenge the ruling of
the Court of Appeals, which favored the planned reclamation project in
Manila Bay.
Besides the 38 reclamation projects in Manila, there are other big
reclamation projects planned in Cebu, Antique, Iloilo, Bohol, Negros
Occidental, Aklan, Albay, Davao gulf, Leyte, and Cagayan.
Villar questions whether there was public consultation about the National
Reclamation Plan, how the projects under NRP were approved, and
if environmental risks had been taken into consideration.
From the outset, this is a fight reminiscent of David and Goliath – of a
legislator and communities vs. Big Business who wants to reclaim big
portions of Manila Bay and other coastal areas in the country and convert
them to huge, profit-making enterprises.
The idea of new cities rising from the sea seems nice and compelling, but a
serious study of Senator Villar’s resolution makes us rethink our
position.
Villar cited the damage rendered by reclamation projects on multiple
ecosystems, such as mangroves, sea grass, coral reefs and intertidal zones
and depletion of fish stocks. Also, scientists have declared the subsiding of
Manila Bay land due to reclamation.
She cited a Japan International Cooperation Agency (JICA) study which
said that Metro Manila is overdue to experience a catastrophic magnitude
of 7.2 earthquake and the coastal areas to suffer the most due to liquefaction
(the reclaimed land reverts to a liquid state).
The question is, who gives the final go-signal for reclamation? The
Philippine Reclamation Authority, which she said, has a questionable legal
basis.
The PRA was established on February 4, 1977 under President Marcos, to
provide a coordinated, economical and efficient administration of lands,
especially reclaimed lands, that belong to, are managed and/or operated by
the government, with the object of maximizing their utilization and
hastening their development consistent with the public interest. Executive
Order no 525 issued on Feb. 14, 1979, provides that all reclamation
projects shall be approved by the President upon the recommendation of
PRA.
But PRA was given tremendous powers when President Gloria Macapagal-
Arroyo issued Executive Order 380 on Oct. 26, transforming PEA into the
Philippine Reclamation Authority, and, on June 24, 2006, issued EO 543,
delegating to PRA the power of the President to approve reclamation
projects.
Subsequently, on Feb. 25, 2001, the PRA Board of Directors approved the
National Reclamation Plan under PRA Board Resolution No. 4161 covering
a total of 102 reclamation projects over a total area of 38,272 hectares
within Manila Bay, Visayas, Mindanao and other locations.
PRA’s NRP and the multiple issues attached to reclamation have gained
so much alarm from different sectors, Villar said. In a People’s Summit
held in October 2012 attended by experts from relevant fields, a call was
made for a moratorium on reclamation projects under the NRP.
PRA’s NRP would result in the loss of one-tenth of our coastal and
marine habitats, a scientist reported to Villar. The reclamation projects
could potentially translate to a loss of value of nearly P30 billion per year in
seagrass and ecosystems alone.
Villar cited the “grandmother of all scams” — the PEA-AMARI deal
, as a basis for a change in PRA policies. The deal was signed April 25,
1995, which allowed AMARI, a private corporation to develop the three
reclaimed islands known as the “Freedom Islands― along the Las
Pinas-Parañaque portion of Manila Bay and includes the reclamation of
additional hectares of submerged areas surrounding the islands.
Upon investigation in aid of legislation, the Senate Blue Ribbon and the
Senate Committee on Government Corporations and Public Enterprises
ruled that the joint venture was illegal because the reclaimed lands that
PEA sought to transfer to AMARI are lands of the public domain which the
government cannot alienate.
Any land reclamation, regardless of who initiates it (i.e. PRA, private
sector, LGU), is considered “unclassified public land― and therefore
part of the public domain, which is now under the DENR, Villar said.
Villar asks, why reclaim in the first place? Why not develop the blighted
areas of the metropolis instead? The amount to be used to reclaim instead of
destroying ecosystems and driving reclaimed lands to sell for sky high
prices, could be used for inclusive development and urban renewal of Metro
Manila.
* * *
The prestigious Makati Garden Club, in collaboration with the Philippine
Business for Social Progress, will be auctioning, in addition to fabulous
Christmas trees, precious art pieces donated by prominent Filipino artists
and painters. The art pieces are by National Artist in sculpture Napoleon
Abueva, and well-known painters Anita Magsaysay-Ho, Manuel
Baldemor, Romulo Galicano, Ben Cabrera, Elmer Borlongan, Edgar
Doctor, and Jose Ignacio.
This year’s Festival of Trees continues MGC’s 17 year-old
tradition of raising funds for countless marginalized Filipinos. Past festivals
raised a total of P65 million. This year, the target set at P6.5 million, will go
to a fund that will be ready any time, for use of victims of future disasters.
MGC member Josephine Gallego said at a press con, “We want to have
funds even before a calamity happens.”
Makati Garden Club is based at the corner of Ayala and EDSA, where
lectures on horticulture and the environment are held. It maintains plant
nurseries, a flower shop, a boutique showcasing Ruby Diaz Roa’s finely
crafted fashion jewelry, a library, and Maria Luisa’s Garden room, a
restaurant owned by Sandra Fernandez.
PBSP was established in 1970 as the largest business-led social
development organization committed to poverty reduction.
This year’s FOT will be held on November 14, at 5:30 p.m. onwards, at
the Jaguar/Land Rover Showroom, 32nd and 4th Crescent Park West,
Bonifacio Global City. At the showroom, patrons will be treated to a first
green social design fashion tableau, a project of sustainable lifestyle
designer PJ Aranador. Also to be auctioned are plane tickets to Japan,
overnight accommodations at Sonya’s Garden, MGC’s signature
“mystery boxes,― jewelry by Ruby Diaz Roa, ethnic footwear and
accessories.