PopeFrancisvisavisEarthStewards(MNLTimes,Aug8,2015)

Theearthdoesnotbelongtoman.Manbelongstotheearth.Thisweknow:Whateverbefallstheearthbefallsthe
sonsoftheearth.Mandidnotweavetheweboflife:heismerelyastrandinit..
ChiefSeattle

ATlonglast,theVaticanreleasedtotheexpectantworldPopeFrancisenvironmentencyclicalLaudatoSi.
EncyclicalsareconsideredthemostauthoritativedocumentaPopecanissue.Thisoneisaboutthedireeffectsof
environmentaldegradationespeciallyonthepoorandurgestheworldtotakeactiononmoralgrounds.

TheencyclicalcouldatbestbedescribedasthePopeslamentandcalltoactionfortheearthsprotectionand
sustainability.Itlinksenvironmentaldegradationwitheconomicandsocialjusticeaimingtoconnectenvironmentvery
tightlytotheChurchssocialteachingtogivepreferentialtreatmenttothepoor.

Noonehaswrittenanencyclicalfocusedontheenvironmentbefore.Foranalysts,thiscouldbetracedtothePopes
JesuitformationwhichreinforcestheideathatwearestewardsofGodscreationandthatGodissomehowpresentin
allofcreation.Therefore,wehaveadutytolookaftertheearthresponsibly.Inthatregard,PopeFrancisshouldbe
creditedforhavingaddedthereligious/moraldimensiontoanotherwisepurelyscientific,political,andeconomicissue
andconcern.

BeforethelaunchofLaudatoSi,thePopeaddressedalocalgroupofgrassrootsorganizersinRomesayingthatan
economicsystemcenteredonlyonmoneywould.plundernaturetosustainfreneticlevelsofconsumption.Climate
change,thelossofbiodiversity,deforestationarealreadyshowingtheirdevastatingeffectsfromwhichyou,the
humble,sufferthemost.

CriticsofthePopesmessageagainsttheunbridledpursuitofprofitsbybusinessmen,however,saythatthefree
market,farfrombeingthesourceofinequalityisthegreatenginethatwillpulltheworldspooroutofmisery.

WhilethePopesdevotiontonaturehasatheologicalbasisitalsohasanethicalcomponentbasedonwho,in
particular,isresponsibleforenvironmentalproblems.Butmorethantheissueofwhoisresponsibleisthedisputeover
theideathatpopulationcontrolandcontraceptionarethesolutionstotheplanetslimitedresourcesratherthancurve
theconsumerist,wastefulbehavioroftherichandtheprivileged.

Bethatasitmay,theencyclicalemphasizesthatmanispartofGodscreationandthereforeentitledtoprotection.

PopeFrancishaswonmuchadmirationforhishumilityandreputationasatruthtellerwhospeakssimplyandplainly.
Heistheleaderofaworldwideinstitutionwith1.2billionmemberswithnopoliticalintereststoprotectandno
reelectioncampaigntowage.Indeed,heiswellpositionedtowinadebateontheissueofhowtostewardtheEarth.

ButwilltheencyclicalmakeanimpactonCatholicsworldwidewhodidnotpayattentiontotheenvironmentalissues
before?

Noreligionintheworldcouldbeidentifiedasagainstprotectionoftheenvironmentfromtheeffectsofclimatechange.
Buddhismisknowntorespectandholdsacredanythingthathaslifetrees,speciesoffauna,etc.InIslam,manisAl
Khalifa(TheSteward).HisroleonearthistoactasGodssteward,andtrusteeofthebountiesoftheearth.Evenfaith
basedorganizationsliketheEvangelicalsandBaptistfaithshavebeenexceptionalleadersworkingonclimatechange.

Hopefully,PopeFrancisLaudatoSiwouldleadtoaunitedinterfaithresponsetomakeacaseforclimatechange
andurgeeveryonetotakeactiononmoralgrounds.Afterall,wearetheEarthsStewards.
LaudatoSiisPopeFrancisEncyclicalontheenvironmentormoreformallyOnCareforOurCommonHome.
LaudatoSimeansPraisebetoyouwhichisthefirstlineofacanticlebySt.FrancisthatpraisesGodwithallofhis
creation.

Fromtheoutset,PopeFrancisstatesthegoalofthedocument:InthisEncyclical,Iwouldliketoenterintodialogue
withallpeopleaboutourcommonhome(#3).

Normally,papaldocumentsareaddressedtothebishopsoftheChurchorthelayfaithful.But,similartoPopeSaint
JohnXXIIIsPaceminTerris,PopeFrancisaddresshismessagetoallpeople.

Thegoalofthedialogue:Iurgentlyappeal,then,foranewdialogueabouthowweareshapingthefutureofour
planet.Weneedaconversationthatincludeseveryone,sincetheenvironmentchallengeweareundergoing,andits
humanroots,concernandaffectusall(#14).

Theaboveisattheheartofthedocument,butPopeFrancisalsohasaverystrikingcalltoconversionforthoseinthe
Churchaswell.

Theecologicalcrisisisalsoasummonstoprofoundinteriorconversion.Itmustbesaidthatsomecommittedand
prayerfulChristians,withtheexcuseofrealismandpragmatism,tendtoridiculeexpressionsofconcernforthe
environment.Othersarepassive;theychoosenottochangetheirhabitsandthusbecomeinconsistent.Sowhattheyall
needisanecologicalconversion,wherebytheeffectsoftheirencounterwithJesusChristbecomeevidentintheir
relationshipwiththeworldaroundthem.LivingourvocationtobeprotectorsofGodshandiworkisessentialtoalife
ofvirtue;itisnotanoptionalorasecondaryaspectofourChristianexperience(#217)(boldmine).

Nomatterwhoyouareorwhereyoufindyourselfinrelationtoprotectingtheenvironment,PopeFrancishasthis
messageforyou:IinvitealltoembracewithopenheartsthisEncyclicalwhichisinlinewiththeChurchssocial
doctrine(GeneralAudience,June17,2015).

[LearnmoreabouttheworkofFOCUS,theFellowshipofCatholicUniversityStudents,servingon113college
campusesintheUSnextyear.]

TableofContents(WithBriefSummaryQuotationsforEach)

Inmanyways,thestructureandformatofthedocumentisverystraightforwardandlogical.Itconsistsofsixchapters.I
willlistthembelowandthenprovidetwoquotesforeachthatIbelievesummarizesthatchapter.

CHAPTERONEWHATISHAPPENINGTOOURCOMMONHOME
CHAPTERTWOTHEGOSPELOFCREATION
CHAPTERTHREETHEHUMANROOTSOFTHEECOLOGICALCRISIS
CHAPTERFOURINTEGRALECOLOGY
CHAPTERFIVELINESOFAPPROACHANDACTION
CHAPTERSIXECOLOGICALEDUCATIONANDSPIRITUALITY

CHAPTERONEWHATISHAPPENINGTOOURCOMMONHOME

Summaryquoteofthischaptersgoal:Theologicalandphilosophicalreflectionsonthesituationofhumanityandthe
worldcansoundtiresomeandabstract,unlesstheyaregroundedinafreshanalysisofourpresentsituation,whichisin
manywaysunprecedentedinthehistoryofhumanity.So,beforeconsideringhowfaithbringsnewincentivesand
requirementswithregardtotheworldofwhichweareapart,Iwillbrieflyturntowhatishappeningtoourcommon
home(#17).
Summaryquoteofthischaptersmessage:Butasoberlookatourworldshowsthatthedegreeofhuman
intervention,oftenintheserviceofbusinessinterestsandconsumerism,isactuallymakingourearthlessrichand
beautiful,evermorelimitedandgrey,evenastechnologicaladvancesandconsumergoodscontinuetoabound
limitlessly.Weseemtothinkthatwecansubstituteanirreplaceableandirretrievablebeautywithsomethingwhichwe
havecreatedourselves(#34).

CHAPTERTWOTHEGOSPELOFCREATION

Summaryquoteofthischaptersgoal:Whyshouldthisdocument,addressedtoallpeopleofgoodwill,includea
chapterdealingwiththeconvictionsofbelievers?Iamwellawarethatintheareasofpoliticsandphilosophythereare
thosewhofirmlyrejecttheideaofaCreator,orconsideritirrelevantNonetheless,scienceandreligion,withtheir
distinctiveapproachestounderstandingreality,canenterintoanintensedialoguefruitfulforboth(#62).

Summaryquoteofthischaptersmessage:WearenotGod.Theearthwasherebeforeusandithasbeengivento
us.AlthoughitistruethatweChristianshaveattimesincorrectlyinterpretedtheScriptures,nowadayswemust
forcefullyrejectthenotionthatourbeingcreatedinGodsimageandgivendominionovertheearthjustifiesabsolute
dominationoverothercreatures.

Thebiblicaltextsaretobereadintheircontext,withanappropriatehermeneutic,recognizingthattheytellustotill
andkeepthegardenoftheworld(cf.Gen2:15).Tillingreferstocultivating,ploughingorworking,whilekeeping
meanscaring,protecting,overseeingandpreserving.Thisimpliesarelationshipofmutualresponsibilitybetween
humanbeingsandnature.Eachcommunitycantakefromthebountyoftheearthwhateveritneedsforsubsistence,but
italsohasthedutytoprotecttheearthandtoensureitsfruitfulnessforcominggenerations(#67)

CHAPTERTHREETHEHUMANROOTSOFTHEECOLOGICALCRISIS

Summaryquoteofthischaptersgoal:Itwouldhardlybehelpfultodescribesymptomswithoutacknowledgingthe
humanoriginsoftheecologicalcrisis.Acertainwayofunderstandinghumanlifeandactivityhasgoneawry,tothe
seriousdetrimentoftheworldaroundus.Shouldwenotpauseandconsiderthis?Atthisstage,Iproposethatwefocus
onthedominanttechnocraticparadigmandtheplaceofhumanbeingsandofhumanactionintheworld(#101).

Summaryquoteofthischaptersmessage:Itcanbesaidthatmanyproblemsoftodaysworldstemfromthe
tendency,attimesunconscious,tomakethemethodandaimsofscienceandtechnologyanepistemologicalparadigm
whichshapesthelivesofindividualsandtheworkingsofsociety.

Theeffectsofimposingthismodelonrealityasawhole,humanandsocial,areseeninthedeteriorationofthe
environment,butthisisjustonesignofareductionismwhichaffectseveryaspectofhumanandsociallife.Wehaveto
acceptthattechnologicalproductsarenotneutral,fortheycreateaframeworkwhichendsupconditioninglifestyles
andshapingsocialpossibilitiesalongthelinesdictatedbytheinterestsofcertainpowerfulgroups(#107).

CHAPTERFOURINTEGRALECOLOGY

Summaryquoteofthischaptersgoal:Sinceeverythingiscloselyinterrelated,andtodaysproblemscallforavision
capableoftakingintoaccounteveryaspectoftheglobalcrisis,Isuggestthatwenowconsidersomeelementsofan
integralecology,onewhichclearlyrespectsitshumanandsocialdimensions(#137).

Summaryquoteofthischaptersmessage:Weurgentlyneedahumanismcapableofbringingtogetherthedifferent
fieldsofknowledge,includingeconomics,intheserviceofamoreintegralandintegratingvision.Today,theanalysis
ofenvironmentalproblemscannotbeseparatedfromtheanalysisofhuman,family,workrelatedandurbancontexts,
norfromhowindividualsrelatetothemselves,whichleadsinturntohowtheyrelatetoothersandtotheenvironment
(#141).
CHAPTERFIVELINESOFAPPROACHANDACTION

Summaryquoteofthischaptersgoal:SofarIhaveattemptedtotakestockofourpresentsituation,pointingtothe
cracksintheplanetthatweinhabitaswellastotheprofoundlyhumancausesofenvironmentaldegradation.Although
thecontemplationofthisrealityinitselfhasalreadyshowntheneedforachangeofdirectionandothercoursesof
action,nowweshalltrytooutlinethemajorpathsofdialoguewhichcanhelpusescapethespiralofselfdestruction
whichcurrentlyengulfsus(#163).

Summaryquoteofthischaptersmessage:Interdependenceobligesustothinkofoneworldwithacommonplan.
Yetthesameingenuitywhichhasbroughtaboutenormoustechnologicalprogresshassofarprovedincapableof
findingeffectivewaysofdealingwithgraveenvironmentalandsocialproblemsworldwide.Aglobalconsensusis
essentialforconfrontingthedeeperproblems,whichcannotberesolvedbyunilateralactionsonthepartofindividual
countries.(#164)

CHAPTERSIXECOLOGICALEDUCATIONANDSPIRITUALITY

Summaryquoteofthischaptersgoal:Manythingshavetochangecourse,butitiswehumanbeingsaboveallwho
needtochange.Welackanawarenessofourcommonorigin,ofourmutualbelonging,andofafuturetobeshared
witheveryone.Thisbasicawarenesswouldenablethedevelopmentofnewconvictions,attitudesandformsoflife.A
greatcultural,spiritualandeducationalchallengestandsbeforeus,anditwilldemandthatwesetoutonthelongpath
ofrenewal(#202).

Summaryquoteofthischaptersmessage:IncallingtomindthefigureofSaintFrancisofAssisi,wecometorealize
thatahealthyrelationshipwithcreationisonedimensionofoverallpersonalconversion,whichentailstherecognition
ofourerrors,sins,faultsandfailures,andleadstoheartfeltrepentanceanddesiretochange(#218).

QuotesonSomeoftheMainThemesinLaudatoSi

Ontheeffectsofthemarketontheenvironment

Oncemore,weneedtorejectamagicalconceptionofthemarket,whichwouldsuggestthatproblemscanbesolved
simplybyanincreaseintheprofitsofcompaniesorindividuals.Isitrealistictohopethatthosewhoareobsessedwith
maximizingprofitswillstoptoreflectontheenvironmentaldamagewhichtheywillleavebehindforfuture
generations?Whereprofitsalonecount,therecanbenothinkingabouttherhythmsofnature,itsphasesofdecayand
regeneration,orthecomplexityofecosystemswhichmaybegravelyupsetbyhumanintervention(#190).

Onthefalsebeliefintechnology

Thereisatendencytobelievethateveryincreaseinpowermeansanincreaseofprogressitself,anadvancein
security,usefulness,welfareandvigour;anassimilationofnewvaluesintothestreamofculture,asifreality,
goodnessandtruthautomaticallyflowfromtechnologicalandeconomicpowerassuch.Thefactisthatcontemporary
manhasnotbeentrainedtousepowerwell,becauseourimmensetechnologicaldevelopmenthasnotbeen
accompaniedbyadevelopmentinhumanresponsibility,valuesandconscience.Eachagetendstohaveonlyameagre
awarenessofitsownlimitations.Itispossiblethatwedonotgraspthegravityofthechallengesnowbeforeus(#105).

Onglobalwarming

Averysolidscientificconsensusindicatesthatwearepresentlywitnessingadisturbingwarmingoftheclimatic
system.Inrecentdecadesthiswarminghasbeenaccompaniedbyaconstantriseinthesealeveland,itwouldappear,
byanincreaseofextremeweatherevents,evenifascientificallydeterminablecausecannotbeassignedtoeach
particularphenomenon.Humanityiscalledtorecognizetheneedforchangesoflifestyle,productionandconsumption,
inordertocombatthiswarmingoratleastthehumancauseswhichproduceoraggravateit.(#23).(Formoreon
globalwarmingandclimatechangesee,#2426,#52,#169170,#172,#175,#181#188.)

Onscienceandtechnologyasabeliefsystem

Itcanbesaidthatmanyproblemsoftodaysworldstemfromthetendency,attimesunconscious,tomakethemethod
andaimsofscienceandtechnologyanepistemologicalparadigmwhichshapesthelivesofindividualsandthe
workingsofsociety.Theeffectsofimposingthismodelonrealityasawhole,humanandsocial,areseeninthe
deteriorationoftheenvironment,butthisisjustonesignofareductionismwhichaffectseveryaspectofhumanand
sociallife(#106).

Ontheenvironmentandthepoor

Thehumanenvironmentandthenaturalenvironmentdeterioratetogether;wecannotadequatelycombat
environmentaldegradationunlessweattendtocausesrelatedtohumanandsocialdegradation.Infact,thedeterioration
oftheenvironmentandofsocietyaffectsthemostvulnerablepeopleontheplanet:Botheverydayexperienceand
scientificresearchshowthatthegravesteffectsofallattacksontheenvironmentaresufferedbythepoorest(#48).

Ontherightbalancewiththerespectoftheenvironmentandhumanity

Thissituationhasledtoaconstantschizophrenia,whereinatechnocracywhichseesnointrinsicvalueinlesserbeings
coexistswiththeotherextreme,whichseesnospecialvalueinhumanbeings.Butonecannotprescindfromhumanity.
Therecanbenorenewalofourrelationshipwithnaturewithoutarenewalofhumanityitself.Therecanbenoecology
withoutanadequateanthropology(#118).

Onconsumerism

Whenpeoplebecomeselfcenteredandselfenclosed,theirgreedincreases.Theemptierapersonsheartis,themore
heorsheneedsthingstobuy,ownandconsume.Itbecomesalmostimpossibletoacceptthelimitsimposedbyreality.
Inthishorizon,agenuinesenseofthecommongoodalsodisappears(#204).

OtherTopicalQuotesofImportance

Onwhatweindividallycandotohelptheenvironment

"Educationinenvironmentalresponsibilitycanencouragewaysofactingwhichdirectlyandsignificantlyaffectthe
worldaroundus,suchasavoidingtheuseofplasticandpaper,reducingwaterconsumption,separatingrefuse,cooking
onlywhatcanreasonablybeconsumed,showingcareforotherlivingbeings,usingpublictransportorcarpooling,
plantingtrees,turningoffunnecessarylights,oranynumberofotherpractices.Allofthesereflectagenerousand
worthycreativitywhichbringsoutthebestinhumanbeings.Reusingsomethinginsteadofimmediatelydiscardingit,
whendonefortherightreasons,canbeanactoflovewhichexpressesourowndignity.(#211)

Onwaterasafundamentalright

Oneparticularlyseriousproblemisthequalityofwateravailabletothepoor.Yetaccesstosafedrinkablewaterisa
basicanduniversalhumanright,sinceitisessentialtohumansurvivaland,assuch,isaconditionfortheexerciseof
otherhumanrights.Ourworldhasagravesocialdebttowardsthepoorwholackaccesstodrinkingwater,becausethey
aredeniedtherighttoalifeconsistentwiththeirinalienabledignity(#2930).

Onsocialmediaseffectsonourculture
Whenmediaandthedigitalworldbecomeomnipresent,theirinfluencecanstop
peoplefromlearninghowtolivewisely,tothinkdeeplyandtolovegenerously.Truewisdom,asthefruitofself
examination,dialogueandgenerousencounterbetweenpersons,isnotacquiredbyamereaccumulationofdatawhich
eventuallyleadstooverloadandconfusion,asortofmentalpollution.

Realrelationshipswithothers,withallthechallengestheyentail,nowtendtobereplacedbyatypeofinternet
communicationwhichenablesustochooseoreliminaterelationshipsatwhim,thusgivingrisetoanewtypeof
contrivedemotionwhichhasmoretodowithdevicesanddisplaysthanwithotherpeopleandwithnature(#47).

Onoverpopulation

Insteadofresolvingtheproblemsofthepoorandthinkingofhowtheworldcanbedifferent,somecanonlyproposea
reductioninthebirthrate.Attimes,developingcountriesfaceformsofinternationalpressurewhichmakeeconomic
assistancecontingentoncertainpoliciesofreproductivehealth.Toblamepopulationgrowthinsteadofextreme
andselectiveconsumerismonthepartofsome,isonewayofrefusingtofacetheissues(#50).

Ontransgenderissues

Learningtoacceptourbody,tocareforitandtorespectitsfullestmeaning,isanessentialelementofanygenuine
humanecology.Also,valuingonesownbodyinitsfemininityormasculinityisnecessaryifIamgoingtobeableto
recognizemyselfinanencounterwithsomeonewhoisdifferent.Inthiswaywecanjoyfullyacceptthespecificgiftsof
anothermanorwoman,theworkofGodtheCreator,andfindmutualenrichment.Itisnotahealthyattitudewhich
wouldseektocanceloutsexualdifferencebecauseitnolongerknowshowtoconfrontit(#120).

Onabortion

Sinceeverythingisinterrelated,concernfortheprotectionofnatureisalsoincompatiblewiththejustificationof
abortion.Howcanwegenuinelyteachtheimportanceofconcernforothervulnerablebeings,howevertroublesomeor
inconvenienttheymaybe,ifwefailtoprotectahumanembryo,evenwhenitspresenceisuncomfortableandcreates
difficulties?Ifpersonalandsocialsensitivitytowardstheacceptanceofthenewlifeislost,thenotherformsof
acceptancethatarevaluableforsocietyalsowitheraway(#120).

Ongeneticallymodifiedfood

This,then,isthecorrectframeworkforanyreflectionconcerninghumaninterventiononplantsandanimals,whichat
presentincludesgeneticmanipulationbybiotechnologyforthesakeofexploitingthepotentialpresentinmaterial
reality.Therespectowedbyfaithtoreasoncallsforcloseattentiontowhatthebiologicalsciences,throughresearch
uninfluencedbyeconomicinterests,canteachusaboutbiologicalstructures,theirpossibilitiesandtheirmutations.Any
legitimateinterventionwillactonnatureonlyinordertofavouritsdevelopmentinitsownline,thatofcreation,as
intendedbyGod(#132)(Moreonthistopicin#133135)

Ontheproblemofmoderndaypolitics

Thatiswhy,intheabsenceofpressurefromthepublicandfromcivicinstitutions,politicalauthoritieswillalwaysbe
reluctanttointervene,allthemorewhenurgentneedsmustbemet.Totakeuptheseresponsibilitiesandthecoststhey
entail,politicianswillinevitablyclashwiththemindsetofshorttermgainandresultswhichdominatespresentday
economicsandpolitics.Butiftheyarecourageous,theywillattesttotheirGodgivendignityandleavebehinda
testimonyofselflessresponsibility(#181)
REPUBLIC ACT NO. 9729

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. As a party to the Hyogo Framework for Action, the State likewise
1awphil

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 landscapes, increasing frequency and/or severity of
droughts, fires, floods and storms, climate-related illnesses and diseases, damage to
ecosystems, biodiversity loss that affect the countrys 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 womens as well as
mens 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
Earths 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
peoples 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,
peoples 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 Presidents 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,

Sgd. PROSPERO C. NOGRALES Sgd. JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate
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

Sgd. EMMA LIRIO-REYES
Secretary General
Secretary of the Senate
House of Representatives

Approved: October 23, 2009

Sgd. GLORIA MACAPAGAL-ARROYO

President of the Philippines

The Climate Change Act of 2009 was recently signed into law by President Gloria
Macapagal Arroyo. Among the highlights of the law are:

It establishes a Climate Change Commission which 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 4,
RA 9729)

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. (Section 5, RA 9729)

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 6,
RA 9729)
 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 7, RA 9729)

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 zones can immediately go back to their normal lives
during periods 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.

Section 3. Definition of Terms. - For purposes of this Act, the following shall refer to:

(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 higher exposure to
disaster risk and poverty including, but not limited to, women, children, elderly,
differently-abled people, and ethnic minorities.

Section 4. Scope. - This Act provides for the development of policies and plans and the
implementation of actions and measures pertaining to all 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 effective response and early recovery.

Section 5. National Disaster Risk Reduction and Management Council. - The present
National Disaster Coordinating Council or NDCC shall henceforth be known as the National
Disaster Risk Reduction and Management Council, hereinafter referred to as the NDRRMC
or the National Council.

The National Council shall be headed by the Secretary of the Department of National
Defense (DND) as Chairperson with the Secretary of the Department of the Interior and
Local Government (DILG) as Vice Chairperson for Disaster Preparedness, the Secretary of
the Department of Social

Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the
Secretary of the Department of Science and Technology (DOST) as Vice Chairperson for
Disaster Prevention and Mitigation, and the Director-General of the National Economic and
Development Authority (NEDA) as Vice Chairperson for Disaster Rehabilitation and
Recovery.

The National Council's members shall be the following:

(a) Secretary of the Department of Health (DOH);

(b) Secretary of the Department of Environment and Natural Resources (DENR);

(c) Secretary of the Department of Agriculture (DA);

(d) Secretary of the Department of Education (DepED);

(e) Secretary of the Department of Energy (DOE);

(f) Secretary of the Department of Finance (DOF);

(g) Secretary of the Department of Trade and Industry (DT!);

(h) Secretary of the Department of Transportation and Communications (DOTC);

(i) Secretary of the Department of Budget and Management (DBM);

(j) Secretary of the Department of Public Works and Highways (DPWH);

(k) Secretary of the Department of Foreign Affairs (DFA);

(l) Secretary of the Department of Justice (DOJ);

(m) Secretary of the Department of Labor and Employment (DOLE);

(n) Secretary of the Department of Tourism (DOT);

(o) The Executive Secretary;

(p)Secretary of the Office of the Presidential Adviser on the Peace Process (OPAPP);

(q) Chairman, Commission on Higher Education (CHED);

(r) Chief of Staff, Armed Forces of the Philippines (AFP);

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

(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 25. Implementing Rules and Regulations. - The NDRRMC. through 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 lead in the preparation of the implementing rules and regulations
with the active involvement of the technical management group of the NDRRMC.

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 composed of six (6) members from the Senate and six (6) members
from the House of Representatives with the Chairpersons of the Committees on National
Defense and Security of both the Senate and the House of Representatives as joint
Chairpersons of this Committee. The five (5) other members from each Chamber are to be
designated by the Senate President and the Speaker of the House of Representatives.
respectively. The minority shall be entitled to pro rata represent3tion but shall have at least
two (2) representatives from each Chamber.

Section 27. Sunset Review. - Within five (5) years after the effectivity of this Act, or as the
need arises, the Congressional Oversight Committee shall 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 performance and organizational structure of its implementing agencies, for purposes
of determining remedial legislation.

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.

Approved,

(Sgd.) PROSPERO C. NOGRALES (Sgd.) JUAN PONCE ENRILE

Speaker of the House of President of the Senate
Representatives

This Act which is a consolidation of Senate Bill No. 3086 and House Bill No, 6985 was finally
passed by the Senate and the House of Representatives on February 1, 2010.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representatives

Approved: May 27, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

Philippine Disaster Reduction and

Management Act (RA 10121)
Legislative 2010
The Act shifted the policy environment and the way the country deals
with disasters from mere response to preparedness. RA 10121 provides
a comprehensive, all-hazard, multi-sectoral, inter-agency, and
community-based approach to disaster risk management through the
formulation of the National Disaster Risk Management Framework.

A National Disaster Risk Management Plan (NDRMP) is being

formulated, developed, and implemented as the master plan that will
provide the strategies, organisation, tasks of concerned agencies and
local government units, and other guidelines in dealing with disasters
or emergencies. Through this plan, a coherent, integrated, efficient,
and responsive disaster risk management at all levels will hopefully be
achieved.

The law also promotes the development of capacities in disaster

management at the individual, organisational, and institutional levels.
A very important feature of this law is its call for the mainstreaming of
disaster risk reduction in physical and land-use planning, budget,
infrastructure, education, health, environment, housing, and other
sectors.

RA 10121 also recognises local risk patterns and trends and

decentralisation of resources and responsibilities and thus encourages
the participation of NGOs, private sectors, community-based
organisations, and community members in disaster management. It
inhibits the full participation of the Local Government Units (LGUs) and
communities in governance. The approach tends to be response-
oriented or reactive. This is evidenced by the widespread emphasis
on post-disaster relief and short-term preparedness, such as
forecasting and evacuation, rather than on mitigation and post-
disaster support for economic recovery.

Moreover, the Act mandates the establishment of a Disaster Risk

Reduction and Management Office (DRRMO) in every province, city and
municipality, and a Barangay Disaster Risk Reduction and Management
Committee (BDRRMC) in every barangay.

The Strategic National Action Plan on Disaster Risk Reduction for 2009-
2019 aims to enhance the capacities of Local Disaster Risk Reduction
and Management Councils.

Finally, RA10121 provides for the calamity fund to be used in support

of disaster risk reduction or mitigation, prevention, and preparedness
activities for the potential occurrence of disasters and not just for
response, relief, and rehabilitation efforts.
The Peoples Survival Fund (PSF) was created by Republic Act 10174 as
an annual fund intended for local government units and accredited
local/community organizations to implement climate change
adaptation projects that will better equip vulnerable communities to
deal with the impacts of climate change. It supplements the annual
appropriations allocated by relevant government agencies and local
government units for climate-change-related programs and projects.

The Philippine government programmed at least P1 billion into the PSF

which will be sourced from the national budget. The allocation may be
augmented by mobilizing funding sources such as counterpart local
government units, the private sector, and individuals who support
adaptation initiatives.

GOVERNANCE AND ADMINISTRATION

The PSF is managed and administered by the Peoples Survival Fund
Board. The Board is headed by the Secretary of the Department of
Finance. Its members are the vice chairperson of the Climate Change
Commission, secretary of the Department of Budget and Management,
director general of the National Economic and Development Authority,
secretary of the Department of the Interior and Local Government,
chairperson of the Philippine Commission on Women, representative
from the academe and scientific community, business sector, and non-
government organizations. The Climate Change Office provides support
as secretariat to the Board.

LEGAL MANDATE OF THE PEOPLES SURVIVAL FUND BOARD

The Peoples Survival Fund Board gets its mandate from Republic Act
10174. Please see Act Establishing the Peoples Survival Fund to
Provide Long-Term Finance Streams to Enable Government to
Effectively Address the Problem of Climate Change.

ACCESSING THE FUND

PSF ensures that funds go to the right places and meet real needs by
devising a mechanism for these financial resources to be transferred to
and accessed by its target recipients: the local government units and
accredited local/community organizations.

The PSF Board has set the criteria for selecting recipients who submit
proposals to fund their adaptation projects and programs.

Local government units with high poverty incidence, are exposed to

climate risks, and has a key biodiversity area will be prioritized. On the
other hand, local/community organizations will be eligible to access the
fund upon accreditation based on organizational independence, track
record in the community and/or field of expertise, financial
management and participatory practices.

FOCUS OF FUNDING
The PSF is intended for adaptation activities that include water
resources management, land management, agriculture and fisheries,
health, among others, and serve as guarantee for risk insurance needs
for farmers, agricultural workers and other stakeholders.

It will also be used for establishing regional centers and information

networks and strengthening of existing ones to support climate change
adaptation initiatives and projects, for setting up of forecasting and
early warning systems against climate-related hazards, support to
institutional development such as preventive measures, planning,
preparedness and management of impacts relating to climate change,
including contingency planning for droughts and floods.
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 Philippines in 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 fouryear

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 locallysourced
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 locallysourced 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 biofuelblends 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 biofuelblended gasoline or diesel that fails to comply with the minimum
biofuelblend 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 proclamations. rules and regulations or part thereof
inconsistent with the provisions of this Act, are hereby repealed, modified or amended
accordingly.

SEC. 20. Separability Clause. - If any provision of this Act is declared unconstitutional in the
same shall not affect the validity and effectivity of the other provision hereof.

SEC. 21. Effectivity. - This act shall effect fifteen (15) day after publication in at least two
newspapers of general circulation.
Biofuels Act (RA 9367)
Legislative 2007
The Act introduces mandatory use of biofuels in the fuel mix, as
follows: a minimum 5% of bioethanol in the gasoline mix sold and
distributed within 2 years; a minimum of 10% within 4 years is
required. There is priority for locally produced bioethanol, and only in
the case of shortage may it be imported. The Act also requires a
minimum of 1% of biodiesel in the diesel mix within 1 year, and a
minimum of 2% within 2 years.

Incentives are introduced to encourage biofuel projects no specific

tax on local or imported biofuels; exemption of raw materials (such as
coconut, jatropha, cassava, corn, sugarcane etc.) from VAT; exemption
from wastewater charges on water effluents; financial assistance to
biofuel activities which are certified by the DOE and at least 60% of
which are held by Filipino citizens or entities.

The DOE is required to prepare a National Biofuel Programme; a

national biofuel board is created under the Act, to monitor and
evaluate the Act and the National Programmes implementation. The
supply and price stability of sugar are guaranteed under the Act.

A Joint Administrative order, which was published in 2008, outlines

Guidelines Governing the Biofuel Feedstocks Production, and Biofuels
and Biofuel Blends Production, Distribution and Sale under the Biofuels
Act.
Republic Act No. 9513 December 16, 2008

AN ACT PROMOTING THE DEVELOPMENT, UTILIZATION AND COMMERCIALIZATION

OF RENEWABLE ENERGY RESOURCES AND FOR OTHER PURPOSES

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

assembled::

CHAPTER I

TITLE AND DECLARATION OF POLICIES

Section 1. Short Title. - This Act shall be known as the "Renewable Energy Act of 2008".
It shall hereinafter be referred to as the "Act".

Section 2. Declaration of Policies. - It is hereby declared the policy of the State to:

(a) Accelerate the exploration and development of renewable energy resources such
as, but not limited to, biomass, solar, wind, hydro, geothermal and ocean energy
sources, including hybrid systems, to achieve energy self-reliance, through the
adoption of sustainable energy development strategies to reduce the country's
dependence on fossil fuels and thereby minimize the country's exposure to price
fluctuations in the international markets, the effects of which spiral down to almost all
sectors of the economy;

(b) Increase the utilization of renewable energy by institutionalizing the development

of national and local capabilities in the use of renewable energy systems, and
promoting its efficient and cost-effective commercial application by providing fiscal
and nonfiscal incentives;

(c) Encourage the development and utilization of renewable energy resources as

tools to effectively prevent or reduce harmful emissions and thereby balance the
goals of economic growth and development with the protection of health and the
environment; and

(d) Establish the necessary infrastructure and mechanism to carry out the mandates
specified in this Act and other existing laws.

Section 3. Scope. - This Act shall establish the framework for the accelerated development
and advancement of renewable energy resources, and the development of a strategic
program to increase its utilization.

Section 4. Definition of Terms. - As used in this Act, the following terms are herein defined:
(a) "Biomass energy systems" refer to energy systems which use biomass resources
to produce heat, steam, mechanical power or electricity through either
thermochemical, biochemical or physico-chemical processes, or through such other
technologies which shall comply with prescribed environmental standards pursuant
to this Act;

(b) "Biomass resources" refer to non-fossilized, biodegradable organic material

originating from naturally occurring or cultured plants, animals and micro-organisms,
including agricultural products, by-products and residues such as, but not limited to,
biofuels except corn, soya beans and rice but including sugarcane and coconut, rice
hulls, rice straws, coconut husks and shells, corn cobs, corn stovers, bagasse,
biodegradable organic fractions of industrial and municipal wastes that can be used
in bioconversion process and other processes, as well as gases and liquids
recovered from the decomposition and/or extraction of non-fossilized and
biodegradable organic materials;

(c) "Board of Investments" (BOI) refers to an attached agency of the Department of

Trade and Industry created under Republic Act No. 5186, as amended;

(d) "Co-generation systems" refer to facilities which produce electrical and/or

mechanical energy and forms of useful thermal energy such as heat or steam which
are used for industrial, commercial heating or cooling purposes through the
sequential use of energy;

(e) "Department of Energy" (DOE) refers to the government agency created pursuant
to Republic Act No. 7638 whose functions are expanded in Republic Act No. 9136
and further expanded in this Act;

(f) "Department of Environment and Natural Resources" (DENR) refers to the

government agency created pursuant to Executive Order No. 192;

(g) "Department of Finance" (DOF) refers to the government agency created

pursuant to Executive Order No. 127, as amended;

(h) "Department of Science and Technology" (DOST) refers to the government

agency created pursuant to Executive Order No. 128;

(i) "Department of Trade and Industry" (DTI) refers to the government agency created
pursuant to Executive Order No. 133;

(j) "Distributed generation" refers to a system of small generation entities supplying

directly to the distribution grid, any one of which shall not exceed one hundred
kilowatts (100 kW) in capacity;

(k) "Distribution of Electricity" refers to the conveyance of electricity by a Distribution

Utility through its distribution system pursuant to the provision of Republic Act No.
9136;

(l) "Distribution Utility" (DU) refers to any electric cooperative, private corporation,
government-owned utility or existing local government unit which has an exclusive
franchise to operate a distribution system in accordance with its franchise and
Republic Act No. 9136;

(m) "Electric Power Industry Reform Act of 2001" or Republic Act No. 9136 refers to
the law mandating the restructuring of the electric power sector and the privatization
of the National Power Corporation;

(n) "Energy Regulatory Commission" (ERC) refers to the independent quasi-judicial

regulatory agency created pursuant to Republic Act No. 9136;

(o) "Generation Company" refers to any person or entity authorized by the ERC to
operate facilities used in the generation of electricity;

(p) "Generation Facility" refers to a facility for the production of electricity and/or
thermal energy such as, but not limited to, steam, hot or cold water;

(q) "Geothermal energy" as used herein and in the context of this Act, shall be
considered renewable and the provisions of this Act is therefore applicable thereto if
geothermal energy, as a mineral resource, is produced through: (1) natural recharge,
where the water is replenished by rainfall and the heat is continuously produced
inside the earth; and/or (2) enhanced recharge, where hot water used in the
geothermal process is re-injected into the ground to produce more steam as well as
to provide additional recharge to the convection system;

(r) "Geothermal Energy Systems" refer to machines or other equipment that converts
geothermal energy into useful power;

(s) "Geothermal Resources" refer to mineral resources, classified as renewable

energy resource, in the form of: (i) all products of geothermal processes, embracing
indigenous steam, hot water, and hot brines; (ii) steam and other gases, hot water,
and hot brines resulting from water, gas, or other fluids artificially introduced into
geothermal formations; (iii) heat or associated energy found in geothermal
formations; and (iv) any by-product derived from them;

(t) "Government Share" refers to the amount due the National Government and Local
Government Units from the exploitation, development, and utilization of naturally-
occurring renewable energy resources such as geothermal, wind, solar, ocean and
hydro excluding biomass;

(u) "Green Energy Option" refers to the mechanism to empower end-users to choose
renewable energy in meeting their energy requirements;

(v) "Grid" refers to the high voltage backbone system of interconnected transmission
lines, substations, and related facilities, located in each of Luzon, Visayas, and
Mindanao, or as may otherwise be determined by the ERC in accordance with
Republic Act No. 9136;

(w) "Hybrid Systems" refer to any power or energy generation facility which makes
use of two or more types of technologies utilizing both conventional and/or renewable
fuel sources, such as, but not limited to, integrated solar/wind systems,
biomass/fossil fuel systems, hydro/fossil fuel systems, integrated solar/biomass
systems, integrated wind/fossil fuel systems, with a minimum of ten (10) megawatts
or ten percent (10%) of the annual energy output provided by the RE component;

(x) "Hydroelectric Power Systems" or "Hydropower Systems" refer to water-based

energy systems which produce electricity by utilizing the kinetic energy of falling or
running water to turn a turbine generator;

(y) "Hydroelectric Power Development" or "Hydropower Development" refers to the

construction and installation of a hydroelectric power-generating plant and its
auxiliary facilities, such as diversion structure, headrace, penstock, substation,
transmission, and machine shop, among others;

(z) "Hydroelectric Power Resources" or "Hydropower Resources" refer to water

resources found technically feasible for development of hydropower projects which
include rivers, lakes, waterfalls, irrigation canals, springs, ponds, and other water
bodies;

(aa) "Local government share" refers to the amount due the LGUs from the
exploitation, development and utilization of naturally-occurring renewable energy
resources;

(bb) "Micro-scale Project" refers to an RE project with capacity not exceeding one
hundred (100) kilowatts;

(cc) "Missionary Electrification" refers to the provision of basic electricity service in

unviable areas with the aim of bringing the operations in these areas to viability
levels;

(dd) "National government share" refers to the amount due the national government
from the exploitation, development and utilization of naturally-occurring renewable
energy resources;

(ee) "National Power Corporation" (NPC) refers to the government corporation

created under Republic Act No. 6395, as amended by Republic Act No. 9136;

(ff) "National Transmission Corporation" (TRANSCO) refers to the corporation

created pursuant to Republic Act No. 9136 responsible for the planning, construction,
and centralized operation and maintenance of high voltage transmission facilities,
including grid interconnection and ancillary services;

(gg) "Net Metering" refers to a system, appropriate for distributed generation, in

which a distribution grid user has a two-way connection to the grid and is only
charged for his net electricity consumption and is credited for any overall contribution
to the electricity grid;

(hh) "Non-power applications" refer to renewable energy systems or facilities that

produce mechanical energy, combustible products such as methane gas, or forms of
useful thermal energy such as heat or steam, that are not used for electricity
generation, but for applications such as, but not limited to, industrial/commercial
cooling, and fuel for cooking and transport;
(ii) "Ocean Energy Systems" refer to energy systems which convert ocean or tidal
current, ocean thermal gradient or wave energy into electrical or mechanical energy;

(jj) "Off-Grid Systems" refer to electrical systems not connected to the wires and
related facilities of the On-Grid Systems of the Philippines;

(kk) "On-Grid System" refers to electrical systems composed of interconnected

transmission lines, distribution lines, substations, and related facilities for the purpose
of conveyance of bulk power on the grid of the Philippines;

(ll) "Philippine Electricity Market Corporation" (PEMC) refers to the Corporation

incorporated upon the initiative of the DOE composed of all Wholesale Electricity
Spot Market (WESM) Members and whose Board of Directors will be the PEM
Board;

(mm) "Philippine National Oil Company" (PNOC) refers to the government agency
created pursuant to Presidential Decree No. 334, as amended;

(nn) "Power applications" refer to renewable energy systems or facilities that produce
electricity;

(oo) "Registered RE Developer" refers to a RE Developer duly registered with the

DOE;

(pp) "Renewable Energy (Systems) Developers" or "RE Developers" refer to

individual/s or a group of individuals formed in accordance with existing Philippine
Laws engaged in the exploration, development and utilization of RE resources and
actual operation of RE systems/facilities;

(qq) "Renewable Energy Market" (REM) refers to the market where the trading of the
RE certificates equivalent to an amount of power generated from RE resources is
made;

(rr) "Renewable Energy Policy Framework" (REPF) refers to the long-term policy
developed by the DOE which identifies among others, the goals and targets for the
development and utilization of renewable energy in the country;

(ss) "Renewable Portfolio Standards" refer to a market-based policy that requires

electricity suppliers to source an agreed portion of their energy supply from eligible
RE resources;

(tt) "Renewable Energy Service (Operating) Contract (RE Contract) " refers to the
service agreement between the Government, through the DOE, and RE Developer
over a period in which the RE Developer has the exclusive right to a particular RE
area for exploration and development. The RE Contract shall be divided into two (2)
stages: the pre-development stage and the development/commercial stage. The
preliminary assessment and feasibility study up to financial closing shall refer to the
pre-development stage. The construction and installation of facilities up to operation
phase shall refer to the development stage;
 (uu) "Renewable Energy Resources" (RE Resources) refer to energy resources that
do not have an upper limit on the total quantity to be used. Such resources are
renewable on a regular basis, and whose renewal rate is relatively rapid to consider
availability over an indefinite period of time. These include, among others, biomass,
solar, wind, geothermal, ocean energy, and hydropower conforming with
internationally accepted norms and standards on dams, and other emerging
renewable energy technologies;

(vv) "Renewable Energy Systems" (RE Systems) refer to energy systems which
convert RE resources into useful energy forms, like electrical, mechanical, etc.;

(ww) "Rural Electrification" refers to the delivery of basic electricity services,

consisting of power generation, sub-transmission, and/or extension of associated
power delivery system that would bring about important social and economic benefits
to the countryside;

(xx) "Solar Energy" refers to the energy derived from solar radiation that can be
converted into useful thermal or electrical energy;

(yy) "Solar Energy Systems" refer to energy systems which convert solar energy into
thermal or electrical energy;

(zz) "Small Power Utilities Group" (SPUG) refers to the functional unit of the NPC
mandated under Republic Act No. 9136 to pursue missionary electrification function;

(aaa) "Supplier" refers to any person or entity authorized by the ERC to sell, broker,
market or aggregate electricity to the end-users;

(bbb) "Transmission of Electricity" refers to the conveyance of electric power through

transmission lines as defined under Republic Act No. 9136 by TRANSCO or its
buyer/concessionaire in accordance with its franchise and Republic Act No. 9136;

(ccc) "Wind Energy" refers to the energy that can be derived from wind that is
converted into useful electrical or mechanical energy;

(ddd) "Wind Energy Systems" refer to the machines or other related equipment that
convert wind energy into useful electrical or mechanical energy;

(eee) "Wholesale Electricity Spot Market" (WESM) refers to the wholesale electricity
spot market created pursuant to Republic Act No. 9136;

CHAPTER II

Organization

Section 5. Lead Agency. - The DOE shall be the lead agency mandated to implement the
provisions of this Act.

CHAPTER III

ON-GRID RENEWABLE ENERGY DEVELOPMENT

Section 6. Renewable Portfolio Standard (RPS). - All stakeholders in the electric power
industry shall contribute to the growth of the renewable energy industry of the country.
Towards this end, the National Renewable Energy Board (NREB), created under Section 27
of this Act, shall set the minimum percentage of generation from eligible renewable energy
resources and determine to which sector RPS shall be imposed on a per grid basis within
one (1) year from the effectivity of this Act.

Section 7. Feed-In Tariff System. - To accelerate the development of emerging renewable

energy resources, a feed-in tariff system for electricity produced from wind, solar, ocean, run-
of-river hydropower and biomass is hereby mandated. Towards this end, the ERC in
consultation with the National Renewable Energy Board (NREB) created under Section 27 of
this Act shall formulate and promulgate feed-in tariff system rules within one (1) year upon
the effectivity of this Act which shall include, but not limited to the following:

(a) Priority connections to the grid for electricity generated from emerging renewable
energy resources such as wind, solar, ocean, run-of-river hydropower and biomass
power plants within the territory of the Philippines;

(b) The priority purchase and transmission of, and payment for, such electricity by the
grid system operators;

(c) Determine the fixed tariff to be paid to electricity produced from each type of
emerging renewable energy and the mandated number of years for the application of
these rates, which shall not be less than twelve (12) years;

(d) The feed-in tariff to be set shall be applied to the emerging renewable energy to
be used in compliance with the renewable portfolio standard as provided for in this
Act and in accordance with the RPS rules that will be established by the DOE.

Section 8. Renewable Energy Market (REM). - To facilitate compliance with Section 6 of

this Act, the DOE shall establish the REM and shall direct PEMC to implement changes to
the WESM Rules in order to incorporate the rules specific to the operation of the REM under
the WESM.

The PEMC shall, under the supervision of the DOE, establish a Renewable Energy Registrar
within one (1) year from the effectivity of this Act and shall issue, keep and verify RE
Certificates corresponding to energy generated from eligible RE facilities. Such certificates
will be used for compliance with the RPS. For this purpose, a transaction fee, equal to half of
what PEMC currently charges regular WESM players, may be imposed by PEMC.

Section 9. Green Energy Option. - The DOE shall establish a Green Energy Option
program which provides end-users the option to choose RE resources as their sources of
energy. In consultation with the NREB, the DOE shall promulgate the appropriate
implementing rules and regulations which are necessary, incidental or convenient to achieve
the objectives set forth herein.

Upon the determination of the DOE of its technical viability and consistent with the
requirements of the green energy option program, end users may directly contract from RE
facilities their energy requirements distributed through their respective distribution utilities.
Consistent herewith, TRANSCO or its successors-in-interest, DUs, PEMC and all relevant
parties are hereby mandated to provide the mechanisms for the physical connection and
commercial arrangements necessary to ensure the success of the Green Energy Option.
The end-user who will enroll under the energy option program should be informed by way of
its monthly electric bill, how much of its monthly energy consumption and generation charge
is provided by RE facilities.

Section 10. Net-metering for Renewable Energy. - Subject to technical considerations and
without discrimination and upon request by distribution end-users, the distribution utilities
shall enter into net-metering agreements with qualified end-users who will be installing RE
system.

The ERC, in consultation with the NREB and the electric power industry participants, shall
establish net metering interconnection standards and pricing methodology and other
commercial arrangements necessary to ensure success of the net-metering for renewable
energy program within one (1) year upon the effectivity of this Act.

The distribution utility shall be entitled to any Renewable Energy Certificate resulting from
net-metering arrangement with the qualified end-user who is using an RE resource to
provide energy and the distribution utility shall be able to use this RE certificate in
compliance with its obligations under RPS.

The DOE, ERC, TRANSCO or its successors-in-interest, DUs, PEMC and all relevant parties
are hereby mandated to provide the mechanisms for the physical connection and
commercial arrangements necessary to ensure the success of the Net-metering for
Renewable Energy program, consistent with the Grid and Distribution Codes.

Section 11. Transmission and Distribution System Development. - TRANSCO or its

successors-in-interest or its buyer/concessionaire and all DUs, shall include the required
connection facilities for RE-based power facilities in the Transmission and Distribution
Development Plans: Provided, That such facilities are approved by the DOE. The connection
facilities of RE power plants, including the extension of transmission and distribution lines,
shall be subject only to ancillary services covering such connections.

CHAPTER IV

OFF-GRID RENEWABLE ENERGY DEVELOPMENT

Section 12. Off-Grid Areas. - Within one (1) year from the effectivity of this Act, NPC-SPUG
or its successors-in-interest and/or qualified third parties in off-grid areas shall, in the
performance of its mandate to provide missionary electrification, source a minimum
percentage of its total annual generation upon recommendation of the NREB from available
RE resources in the area concerned, as may be determined by the DOE.

As used in this Act, successors-in-interest refer to entities deemed technically and financially
capable to serve/take over existing NPC-SPUG areas.

Eligible RE generation in off-grid and missionary areas shall be eligible for the provision of
RE Certificates defined in Section 8 of this Act. In the event there are no viable RE resources
in the off-grid and missionary areas, the relevant electricity supplier in the off-grid and
missionary areas shall still be obligated under Section 6 of this Act.
 CHAPTER V

GOVERNMENT SHARE

Section 13. Government Share. - The government share on existing and new RE
development projects shall be equal to one percent (1%) of the gross income of RE resource
developers resulting from the sale of renewable energy produced and such other income
incidental to and arising from the renewable energy generation, transmission, and sale of
electric power except for indigenous geothermal energy, which shall be at one and a half
percent (1.5%) of gross income.

To further promote the development of RE projects, the government hereby waives its share
from the proceeds of micro-scale projects for communal purposes and non-commercial
operations, which are not greater than one hundred (100) kilowatts.

CHAPTER VI

ENVIRONMENTAL COMPLIANCE

Section 14. Compliance with Environmental Regulations. - All RE explorations,

development, utilization, and RE systems operations shall be conducted in accordance with
existing environmental regulations as prescribed by the DENR and/or any other concerned
government agency.

CHAPTER VII

GENERAL INCENTIVES

Section 15. Incentives for Renewable Energy Projects and Activities. - RE developers of
renewable energy facilities, including hybrid systems, in proportion to and to the extent of the
RE component, for both power and non-power applications, as duly certified by the DOE, in
consultation with the BOI, shall be entitled to the following incentives:

(a) Income Tax Holiday (ITH) - For the first seven (7) years of its commercial
operations, the duly registered RE developer shall be exempt from income taxes
levied by the national government.

Additional investments in the project shall be entitled to additional income tax

exemption on the income attributable to the investment: Provided, That the discovery
and development of new RE resource shall be treated as a new investment and shall
therefore be entitled to a fresh package of incentives: Provided, further, That the
entitlement period for additional investments shall not be more than three (3) times
the period of the initial availment of the ITH.

(b) Duty-free Importation of RE Machinery, Equipment and Materials - Within the first
ten (10) years upon the issuance of a certification of an RE developer, the
importation of machinery and equipment, and materials and parts thereof, including
control and communication equipment, shall not be subject to tariff
duties:Provided, however, That the said machinery, equipment, materials and parts
are directly and actually needed and used exclusively in the RE facilities for
transformation into energy and delivery of energy to the point of use and covered by
shipping documents in the name of the duly registered operator to whom the
shipment will be directly delivered by customs authorities: Provided, further, That
endorsement of the DOE is obtained before the importation of such machinery,
equipment, materials and parts are made.

Endorsement of the DOE must be secured before any sale, transfer or disposition of
the imported capital equipment, machinery or spare parts is made: Provided, That if
such sale, transfer or disposition is made within the ten (10)-year period from the
date of importation, any of the following conditions must be present:

(i) If made to another RE developer enjoying tax and duty exemption on

imported capital equipment;

(ii) If made to a non-RE developer, upon payment of any taxes and duties
due on the net book value of the capital equipment to be sold;

(iii) Exportation of the used capital equipment, machinery, spare parts or

source documents or those required for RE development; and

(iv) For reasons of proven technical obsolescence.

When the aforementioned sale, transfer or disposition is made under any of the
conditions provided for in the foregoing paragraphs after ten (10) years from the date
of importation, the sale, transfer or disposition shall no longer be subject to the
payment of taxes and duties;

(c) Special Realty Tax Rates on Equipment and Machinery. - Any law to the contrary
notwithstanding, realty and other taxes on civil works, equipment, machinery, and
other improvements of a Registered RE Developer actually and exclusively used for
RE facilities shall not exceed one and a half percent (1.5%) of their original cost less
accumulated normal depreciation or net book value: Provided, That in case of an
integrated resource development and generation facility as provided under Republic
Act No. 9136, the real property tax shall only be imposed on the power plant;

(d) Net Operating Loss Carry-Over (NOLCO). - The NOLCO of the RE Developer
during the first three (3) years from the start of commercial operation which had not
been previously offset as deduction from gross income shall be carried over as a
deduction from gross income for the next seven (7) consecutive taxable years
immediately following the year of such loss: Provided, however, That operating loss
resulting from the availment of incentives provided for in this Act shall not be entitled
to NOLCO;

(e) Corporate Tax Rate. - After seven (7) years of income tax holiday, all RE
Developers shall pay a corporate tax of ten percent (10%) on its net taxable income
as defined in the National Internal Revenue Act of 1997, as amended by Republic Act
No. 9337. Provided, That the RE Developer shall pass on the savings to the end-
users in the form of lower power rates.

(f) Accelerated Depreciation. - If, and only if, an RE project fails to receive an ITH
before full operation, it may apply for Accelerated Depreciation in its tax books and
be taxed based on such: Provided, That if it applies for Accelerated Depreciation, the
 project or its expansions shall no longer be eligible for an ITH. Accelerated
depreciation of plant, machinery, and equipment that are reasonably needed and
actually used for the exploration, development and utilization of RE resources may
be depreciated using a rate not exceeding twice the rate which would have been
used had the annual allowance been computed in accordance with the rules and
regulations prescribed by the Secretary of the Department of Finance and the
provisions of the National Internal Revenue Code (NIRC) of 1997, as amended. Any
of the following methods of accelerated depreciation may be adopted:

i) Declining balance method; and

ii) Sum-of-the years digit method

(g) Zero Percent Value-Added Tax Rate. - The sale of fuel or power generated from
renewable sources of energy such as, but not limited to, biomass, solar, wind,
hydropower, geothermal, ocean energy and other emerging energy sources using
technologies such as fuel cells and hydrogen fuels, shall be subject to zero percent
(0%) value-added tax (VAT), pursuant to the National Internal Revenue Code (NIRC)
of 1997, as amended by Republic Act No. 9337.

All RE Developers shall be entitled to zero-rated value added tax on its purchases of
local supply of goods, properties and services needed for the development,
construction and installation of its plant facilities.

This provision shall also apply to the whole process of exploring and developing
renewable energy sources up to its conversion into power, including but not limited to
the services performed by subcontractors and/or contractors.

(h) Cash Incentive of Renewable Energy Developers for Missionary Electrification. -

A renewable energy developer, established after the effectivity of this Act, shall be
entitled to a cash generation-based incentive per kilowatt hour rate generated,
equivalent to fifty percent (50%) of the universal charge for power needed to service
missionary areas where it operates the same, to be chargeable against the universal
charge for missionary electrification;

(i) Tax Exemption of Carbon Credits. - All proceeds from the sale of carbon emission
credits shall be exempt from any and all taxes;

(j) Tax Credit on Domestic Capital Equipment and Services. - A tax credit equivalent
to one hundred percent (100%) of the value of the value-added tax and custom
duties that would have been paid on the RE machinery, equipment, materials and
parts had these items been imported shall be given to an RE operating contract
holder who purchases machinery, equipment, materials, and parts from a domestic
manufacturer for purposes set forth in this Act: Provided, That prior approval by the
DOE was obtained by the local manufacturer: Provided, further, That the acquisition
of such machinery, equipment, materials, and parts shall be made within the validity
of the RE operating contract.

Section 16. Environmental Compliance Certificate (ECC). - Notwithstanding Section 17

(b) (3) (iii) of Republic Act No. 7160, it would be sufficient for the renewable energy
developer to secure the Environmental Compliance Certificate (ECC) from the corresponding
regional office of the DENR.
Section 17. Exemption from the Universal Charge. - Power and electricity generated
through the RES for the generator's own consumption and/or for free distribution in the off-
grid areas shall be exempted from the payment of the universal charge provided for under
Section 34 of Republic Act No. 9136.

Section 18. Payment of Transmission Charges. - A registered renewable energy

developer producing power and electricity from an intermittent RE resource may opt to pay
the transmission and wheeling charges of TRANSCO or its successors-in-interest on a per
kilowatt-hour basis at a cost equivalent to the average per kilowatt-hour rate of all other
electricity transmitted through the grid.

Section 19. Hybrid and Cogeneration Systems. - The tax exemptions and/or incentives
provided for in Section 15 of this Act shall be availed of by registered RE Developer of hybrid
and cogeneration systems utilizing both RE sources and conventional
energy: Provided, however, That the tax exemptions and incentives shall apply only to the
equipment, machinery and/or devices utilizing RE resources.

Section 20. Intermittent RE Resources. - TRANSCO or its successors-in-interest, in

consultation with stakeholders, shall determine the maximum penetration limit of the
Intermittent RE-based power plants to the Grid, through technical and economic analysis.
Qualified and registered RE generating units with intermittent RE resources shall be
considered "must dispatch" based on available energy and shall enjoy the benefit of priority
dispatch. All provisions under the WESM Rules, Distribution and Grid Codes which do not
allow "must dispatch" status for intermittent RE resources shall be deemed amended or
modified. The PEMC and TRANSCO or its successors-in-interest shall implement technical
mitigation and improvements in the system in order to ensure safety and reliability of
electricity transmission.

As used in this Act, RE generating unit with intermittent RE resources refers to a RE

generating unit or group of units connected to a common connection point whose RE energy
resource is location-specific naturally difficult to precisely predict the availability of RE energy
resource thereby making the energy generated variable, unpredictable and irregular and the
availability of the resource inherently uncontrollable, which include plants utilizing wind, solar,
run-of-river hydro or ocean energy.

Section 21. Incentives for RE Commercialization. - All manufacturers, fabricators and

suppliers of locally-produced RE equipment and components duly recognized and accredited
by the DOE, in consultation with DOST, DOF and DTI, shall, upon registration with the BOI,
be entitled to the privileges set forth under this section.

Consistent with Article 7, Item (20) of EO No. 226, the registration with the BOI, as provided
for in Section 15 and Section 21 of this Act, shall be carried out through an agreement and
an administrative arrangement between the BOI and the DOE, with the end-view of
facilitating the registration of qualified RE facilities based on the implementing rules and
regulations that will be developed by DOE. It is further mandated that the applications for
registration will be positively acted upon by BOI on the basis of the accreditation issued by
DOE.

The Renewable Energy Sector is hereby declared a priority investment sector that will
regularly form part of the country's Investment Priority Plan, unless declared otherwise by
law. As such, all entities duly accredited by the DOE under this Act shall be entitled to all the
incentives provided herein.
 (a) Tax and Duty-free Importation of Components, Parts and Materials. - All
shipments necessary for the manufacture and/or fabrication of RE equipment and
components shall be exempted from importation tariff and duties and value added
tax: Provided, however, That the said components, parts and materials are: (i) not
manufactured domestically in reasonable quantity and quality at competitive prices;
(ii) directly and actually needed and shall be used exclusively in the
manufacture/fabrication of RE equipment; and (iii) covered by shipping documents in
the name of the duly registered manufacturer/fabricator to whom the shipment will be
directly delivered by customs authorities: Provided, further, That prior approval of the
DOE was obtained before the importation of such components, parts and materials;

(b) Tax Credit on Domestic Capital Components, Parts and Materials. - A tax credit
equivalent to one hundred percent (100%) of the amount of the value-added tax and
customs duties that would have been paid on the components, parts and materials
had these items been imported shall be given to an RE equipment manufacturer,
fabricator, and supplier duly recognized and accredited by the DOE who purchases
RE components, parts and materials from a domestic manufacturer: Provided, That
such components, and parts are directly needed and shall be used exclusively by the
RE manufacturer, fabricator and supplier for the manufacture, fabrication and sale of
the RE equipment: Provided, further, That prior approval by the DOE was obtained
by the local manufacturer;

(c) Income Tax Holiday and Exemption. - For seven (7) years starting from the date
of recognition/accreditation, an RE manufacturer, fabricator and supplier of RE
equipment shall be fully exempt from income taxes levied by the National
Government on net income derived only from the sale of RE equipment, machinery,
parts and services; and

(d) Zero-rated value added tax transactions - All manufacturers, fabricators and
suppliers of locally produced renewable energy equipment shall be subject to zero-
rated value added tax on its transactions with local suppliers of goods, properties and
services.

Section 22. Incentives for Farmers Engaged in the Plantation of Biomass Resources. -
For a period of ten (10) years after the effectivity of this Act, all individuals and entities
engaged in the plantation of crops and trees used as biomass resources such as but not
limited to jatropha, coconut, and sugarcane, as certified by the Department of Energy, shall
be entitled to duty-free importation and be exempted from Value-Added Tax (VAT) on all
types of agricultural inputs, equipment and machinery such as, but not limited to, fertilizer,
insecticide, pesticide, tractor, trailers, trucks, farm implements and machinery, harvesters,
threshers, hybrid seeds, genetic materials, sprayers, packaging machinery and materials,
bulk handling facilities, such as conveyors and mini-loaders, weighing scales, harvesting
equipment, and spare parts of all agricultural equipment.

Section 23. Tax Rebate for Purchase of RE Components. - To encourage the adoption of
RE technologies, the DOF, in consultation with DOST, DOE, and DTI, shall provide rebates
for all or part of the tax paid for the purchase of RE equipment for residential, industrial, or
community use. The DOF shall also prescribe the appropriate period for granting the tax
rebates.

Section 24. Period of Grant of Fiscal Incentives. - The fiscal incentives granted under
Section 15 of this Act shall apply to all RE capacities upon the effectivity of this Act. The
National Renewable Energy Board, in coordination with the Department of Energy, shall
submit a yearly report on the implementation of this Act to the Philippine Congress, through
the Joint Congressional Power Commission, every January of each year following the period
in review, indicating among others, the progress of RE development in the country and the
benefits and impact generated by the development and utilization of its renewable energy
resources in the context of its energy security and climate change imperatives. This shall
serve as basis for the Joint Congressional Power Commission review of the incentives as
provided for in this Act towards ensuring the full development of the country's RE capacities
under a rationalized market and incentives scheme.

Section 25. Registration of RE Developers and local manufacturers, fabricators and

suppliers of locally-produced renewable energy equipment. - RE Developers and local
manufacturers, fabricators and suppliers of locally-produced renewable energy equipment
shall register with the Department of Energy, through the Renewable Energy Management
Bureau. Upon registration, a certification shall be issued to each RE Developer and local
manufacturer, fabricator and supplier of locally-produced renewable energy equipment to
serve as the basis of their entitlement to incentives provided under Chapter VII of this Act.

Section 26. Certification from the Department of Energy. - All certifications required to
qualify RE developers to avail of the incentives provided for under this Act shall be issued by
the DOE through the Renewable Energy Management Bureau.

The Department of Energy, through the Renewable Energy Management Bureau shall issue
said certification fifteen (15) days upon request of the renewable energy developer or
manufacturer, fabricator or supplier.

Provided, That the certification issued by the Department of Energy shall be without
prejudice to any further requirements that may be imposed by the concerned agencies of the
government charged with the administration of the fiscal incentives abovementioned.

CHAPTER VIII

GENERAL PROVISIONS

Section 27. Creation of the National Renewable Energy Board (NREB). - The NREB is
hereby created. It shall be composed of a Chairman and one (1) representative each from
the following agencies: DOE, DTI, DOF, DENR, NPC, TRANSCO or its successors-in-
interest, PNOC and PEMC who shall be designated by their respective secretaries on a
permanent basis; and one (1) representative each from the following sectors: RE
Developers, Government Financial Institutions (GFIs), private distribution utilities, electric
cooperatives, electricity suppliers and non-governmental organizations, duly endorsed by
their respective industry associations and all to be appointed by the President of the
Republic of the Philippines.

The Chairman shall, within one (1) month from the effectivity of this Act, convene the NREB.

The NREB shall be assisted by a Technical Secretariat from the Renewable Energy
Management Bureau of the DOE, created under Section 32 hereof, and shall directly report
to the Office of the Secretary or the Undersecretary of the Department, as the case maybe,
on matters pertaining to the activities of the NREB. The number of staff of the Technical
Secretariat and the creation of corresponding positions necessary to complement and/or
augment the existing plantilla of the REMB shall be determined by the Board, subject to
approval by the Department of Budget and Management (DBM) and to existing civil service
rules and regulations.

The NREB shall have the following powers and functions:

(a) Evaluate and recommend to the DOE the mandated RPS and minimum RE
generation capacities in off-grid areas, as it deems appropriate;

(b) Recommend specific actions to facilitate the implementation of the National

Renewable Energy Program (NREP) to be executed by the DOE and other
appropriate agencies of government and to ensure that there shall be no overlapping
and redundant functions within the national government departments and agencies
concerned;

(c) Monitor and review the implementation of the NREP, including compliance with
the RPS and minimum RE generation capacities in off-grid areas;

(d) Oversee and monitor the utilization of the Renewable Energy Trust Fund created
pursuant to Section 28 of this Act and administered by the DOE; and

(e) Perform such other functions, as may be necessary, to attain the objectives of this
Act.

Section 28. Renewable Energy Trust Fund (RETF). - A Renewable Energy Trust Fund is
hereby established to enhance the development and greater utilization of renewable energy.
It shall be administered by the DOE as a special account in any of the GFIs. The RETF shall
be exclusively used to:

(a) Finance the research, development, demonstration, and promotion of the

widespread and productive use of RE systems for power and non-power
applications, as well as to provide funding for R & D institutions engaged in
renewable energy studies undertaken jointly through public-private sector
partnership, including provision for scholarship and fellowship for energy studies;

(b) Support the development and operation of new RE resources to improve their
competitiveness in the market: Provided, That the grant thereof shall be done
through a competitive and transparent manner;

(c) Conduct nationwide resource and market assessment studies for the power and
non-power applications of renewable energy systems;

(d) Propagate RE knowledge by accrediting, tapping, training, and providing benefits

to institutions, entities and organizations which can extend the promotion and
dissemination of RE benefits to the national and local levels; and

(e) Fund such other activities necessary or incidental to the attainment of the
objectives of this Act.

Use of the fund may be through grants, loans, equity investments, loan guarantees,
insurance, counterpart fund or such other financial arrangements necessary for the
attainment of the objectives of this Act: Provided, That the use or allocation thereof shall, as
far as practicable, be done through a competitive and transparent manner.

The RETF shall be funded from:

(a) Proceeds from the emission fees collected from all generating facilities consistent
with Republic Act No. 8749 or the Philippine Clean Air Act;

(b) One and 1/2 percent (1.5%) of the net annual income of the Philippine Charity
Sweepstakes Office;

(c) One and 1/2 percent (1.5%) of the net annual income of the Philippine
Amusement and Gaming Corporation;

(d) One and 1/2 percent (1.5%) of the net annual dividends remitted to the National
Treasury of the Philippine National Oil Company and its subsidiaries;

(e) Contributions, grants and donations: Provided, That all contributions, grants and
donations made to the RETF shall be tax deductible subject to the provisions of the
National Internal Revenue Code. Towards this end, the BIR shall assist the DOE in
formulating the Rules and Regulations to implement this provision;

(f) One and 1/2 percent (1.5%) of the proceeds of the Government share collected
from the development and use of indigenous non-renewable energy resources;

(g) Any revenue generated from the utilization of the RETF; and

(h) Proceeds from the fines and penalties imposed under this Act.

Section 29. Financial Assistance Program. - Government financial institutions such as the
Development Bank of the Philippines (DBP), Land Bank of the Philippines (LBP), Phil-Exim
Bank and other government financial institutions shall, in accordance with and to the extent
allowed by the enabling provisions of their respective charters or applicable laws, provide
preferential financial packages for the development, utilization and commercialization of RE
projects as duly recommended and endorsed by the DOE.

Section 30. Adoption of Waste-To-Energy Technologies. - The DOE shall, where

practicable, encourage the adoption of waste-to-energy facilities such as, but not limited to,
biogas systems. The DOE shall, in coordination with the DENR, ensure compliance with this
provision.

As used in this Act, waste-to-energy technologies shall refer to systems which convert to
biodegradable materials such as, but not limited to, animal manure or agricultural waste, into
useful energy through processes such as anaerobic digestion, fermentation and gasification,
among others, subject to the provisions and intent of Republic Act No. 8749 (Clean Air Act of
1999) and Republic Act No. 9003 (Ecological Solid Waste Management Act of 2000).

Section 31. Incentives for RE Host Communities/LGUs. - Eighty percent (80%) of the
share from royalty and/or government share of RE host communities/LGUs from RE projects
and activities shall be used directly to subsidize the electricity consumption of end users in
the RE host communities/LGUs whose monthly consumption do not exceed one hundred
(100) kwh. The subsidy may be in the form of rebates, refunds and/or any other forms as
may be determined by DOE, DOF and ERC, in coordination with NREB.

The DOE, DOF and ERC, in coordination with the NREB and in consultation with the
distribution utilities shall promulgate the mechanisms to implement this provision within six
months from the effectivity of this Act.

Section 32. Creation of the Renewable Energy Management Bureau. - For the purpose
of implementing the provisions of this Act, a Renewable Energy Management Bureau
(REMB) under the DOE is hereby established, and the existing Renewable Energy
Management Division of the Energy Utilization Management Bureau of the DOE, whose
plantilla shall form the nucleus of REMB, is hereby dissolved. The organizational structure
and staffing complement of the REMB shall be determined by the Secretary of the DOE, in
consultation with the Department of Budget and Management, in accordance with existing
civil service rules and regulations. The budgetary requirements necessary for the creation of
the REMB shall be taken from the current appropriations of the DOE. Thereafter, the funding
for the REMB shall be included in the annual General Appropriations Act.

The REMB shall have the following powers and functions:

(a) Implement policies, plans and programs related to the accelerated development,
transformation, utilization and commercialization of renewable energy resources and
technologies;

(b) Develop and maintain a centralized, comprehensive and unified data and
information base on renewable energy resources to ensure the efficient evaluation,
analysis, and dissemination of data and information on renewable energy resources,
development, utilization, demand and technology application;

(c) Promote the commercialization/application of renewable energy resources

including new and emerging technologies for efficient and economical
transformation, conversion, processing, marketing and distribution to end users;

(d) Conduct technical research, socio-economic and environmental impact studies of

renewable energy projects for the development of sustainable renewable energy
systems;

(e) Supervise and monitor activities of government and private companies and
entities on renewable energy resources development and utilization to ensure
compliance with existing rules, regulations, guidelines and standards;

(f) Provide information, consultation and technical training and advisory services to
developers, practitioners and entities involved in renewable energy technology and
develop renewable energy technology development strategies; and

(g) Perform other functions that may be necessary for the effective implementation of
this Act and the accelerated development and utilization of the renewable energy
resources in the country.

CHAPTER IX
 FINAL PROVISIONS

Section 33. Implementing Rules and Regulations (IRR). - Within six (6) months from the
effectivity of this Act, the DOE shall, in consultation with the Senate and House Committees
on Energy, relevant government agencies and RE stakeholders, promulgate the IRR of this
Act.

Section 34. Congressional Oversight. - Upon the effectivity of this Act, the Joint
Congressional Power Commission created under Section 62 of Republic Act No. 9136,
otherwise known as the "Electric Power Industry Reform Act of 2001" shall exercise
oversight powers over the implementation of this Act.

Section 35. Prohibited Acts. - The following acts shall be prohibited:

(a) Non-compliance or violation of the RPS rules;

(b) Willful refusal to undertake net metering arrangements with qualified distribution
grid users;

(c) Falsification or tampering of public documents or official records to avail of the

fiscal and non-fiscal incentives provided under this Act;

(d) Failure and willful refusal to issue the single certificate referred to in Section 26 of
this Act; and

(e) Non-compliance with the established guidelines that DOE will adopt for the
implementation of this Act.

Section 36. Penalty Clause. - Any person who willfully commits any of the prohibited acts
enumerated under this Act, shall be imposed with the penalties provided herein. Any person,
who willfully aids or abets 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, partnership 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 any prohibited acts provided for under Section 35, upon conviction
thereof, shall suffer the penalty of imprisonment of from one (1) year to five (5) years, or a
fine ranging from a minimum of One Hundred Thousand Pesos (P100,000.00) to One
Hundred Million Pesos (P100,000,000.00), or twice the amount of damages caused or costs
avoided for non-compliance, whichever is higher, or both upon the discretion of the court.

The DOE is further empowered to impose administrative fines and penalties for any violation
of the provisions of this Act, its IRR and other issuances relative to this Act.

This is without prejudice to the penalties provided for under existing environmental
regulations prescribed by the DENR and/or any other concerned government agency.

Section 37. 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 the provisions of this Act shall be included in the
annual General Appropriations Act.

Section 38. Separability Clause. - If any provision of this Act is held invalid unconstitutional,
the remainder of the Act or the provision not otherwise affected shall remain valid and
subsisting.

Section 39. Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.

Consistent with the foregoing paragraph and Section 13 of this Act, Section 1 of Presidential
Decree No. 1442 or the Geothermal Resources Exploration and Development Act, insofar as
the exploration of geothermal resources by the government, and Section 10 (1) of Republic
Act No. 7156 otherwise known as the "Mini-Hydro Electric Power Incentive Act", insofar as
the special privilege tax rate of two percent (2%) are hereby repealed, modified or amended
accordingly.

Section 40. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
RA 1953 Summary

Policy of the state:

1. Accelerate the exploration and development of renewable energy resources such
as, but not limited to, biomass, solar, wind, hydro, geothermal and ocean energy
sources, including hybrid systems, to achieve energy self-reliance, through the
adoption of sustainable energy development strategies to reduce the country's
dependence on fossil fuels and thereby minimize the country's exposure to price
fluctuations in the international markets, the effects of which spiral down to almost
all sectors of the economy
2. Increase the utilization of renewable energy by institutionalizing the development
of national and local capabilities in the use of renewable energy systems, and
promoting its efficient and cost-effective commercial application by providing fiscal
and nonfiscal incentives;
3. Encourage the development and utilization of renewable energy resources as tools
to effectively prevent or reduce harmful emissions and thereby balance the goals of
economic growth and development with the protection of health and the
environment; and
4. Establish the necessary infrastructure and mechanism to carry out the mandates
specified in this Act and other existing laws.

Creation of the National Renewable Energy Board (NREB). - The NREB is hereby created. It
shall be composed of a Chairman and one (1) representative each from the following agencies:
DOE, DTI, DOF, DENR, NPC, TRANSCO or its successors-in-interest, PNOC and PEMC who
shall be designated by their respective secretaries on a permanent basis; and one (1)
representative each from the following sectors: RE Developers, Government Financial Institutions
(GFIs), private distribution utilities, electric cooperatives, electricity suppliers and non-
governmental organizations, duly endorsed by their respective industry associations and all to be
appointed by the President of the Republic of the Philippines. The Chairman shall, within one (1)
month from the effectivity of this Act, convene the NREB. The NREB shall be assisted by a
Technical Secretariat from the Renewable Energy Management Bureau of the DOE, created
under Section 32 hereof, and shall directly report to the Office of the Secretary or the
Undersecretary of the Department, as the case maybe, on matters pertaining to the activities of
the NREB. The number of staff of the Technical Secretariat and the creation of corresponding
positions necessary to complement and/or augment the existing plantilla of the REMB shall be
determined by the Board, subject to approval by the Department of Budget and Management
(DBM) and to existing civil service rules and regulations. The NREB shall have the following
powers and functions: (a) Evaluate and recommend to the DOE the mandated RPS and minimum
RE generation capacities in off-grid areas, as it deems appropriate; (b) Recommend specific
actions to facilitate the implementation of the National Renewable Energy Program (NREP) to be
executed by the DOE and other appropriate agencies of government and to ensure that there
shall be no overlapping and redundant functions within the national government departments and
agencies concerned; (c) Monitor and review the implementation of the NREP, including
compliance with the RPS and minimum RE generation capacities in off-grid areas; (d) Oversee
and monitor the utilization of the Renewable Energy Trust Fund created pursuant to Section 28 of
this Act and administered by the DOE; and (e) Perform such other functions, as may be
necessary, to attain the objectives of this Act.

Republic Act (RA) No. 9513, also known as the Renewable Energy Act of 2008. The
Implementing Rules and Regulations were issued in May 2009. The law affirmed the
governments commitment to accelerate the exploration and development of Philippine renewable
energy resources. RA 9513 declared the States policy to achieve energy security by reducing
reliance on fossil fuels and minimizing exposure to price fluctuations in oil markets. The
government agencies tasked to implement the law include the Department of Energy, the Energy
Regulatory Commission, and the National Renewable Energy Board. RA 9513 also seeks to
increase the utilization of renewable energy resources by developing national and local
capabilities in the use of renewable energy systems, and promoting their efficient and effective
application by offering fiscal and non-fiscal incentives. These incentives include: (1) income tax
holiday; (2) duty-free importation of renewable machinery, equipment, and materials; (3) special
realty tax rates; (4) net operating loss carry-over; (5) corporate tax rate of 10%; (6) accelerated
depreciation of plant, machinery, and equipment; (7) 0% value-added tax rate; (8) tax exemption
on carbon credits; and (9) cash incentive for missionary electrification. In the course of developing
sources of renewable energy in the country, certain issues need to be addressed by regulators,
industry players, and other stakeholders. These include: (1) high upfront cost and technologies;
(2) non-competitiveness among market players; (3) non-viable renewable energy markets; (4)
inaccessible financial packages; and (5) social acceptability. Moreover, other issues which are
inherent in renewable energy regulation (especially in relation to incentives) consist of: (1)
implementation of Feed-in Tariff rules; (2) setting of Renewable Portfolio Standards; and (3)
formulation of guidelines on other renewable energy policy mechanisms, such as net metering,
green energy option, etc.
Seeking fresh water in times of
climate change crisis
0
BY AMBASSADOR AMADO TOLENTINO ON APRIL 29, 2016FEATURED COLUMNS, OP-ED
COLUMNS

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) Chinas 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 Nio, 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.