Republic Act No. 10174
Republic Act No. 10174
Republic Act No. 10174
10174
Republic of the Philippines
Congress of the Philippines
MetroManila
Fifteenth Congress
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July,
two thousand eleven.
Towards this end, the State adopts the principle of protecting the climate
system for the benefit of humankind, on the basis of climate justice or
common but differentiated responsibilities and the Precautionary Principle
to guide decision-making in climate risk management. As a party to the
United Nations Framework Convention on Climate Change (UNFCCC), the
State adopts the ultimate objective of the Convention which is the
stabilization of greenhouse gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic interference with the climate
system which should be achieved within a time frame sufficient to allow
ecosystems to adapt naturally to climate change, to ensure that food
production is not threatened and to enable economic development to
proceed in a sustainable manner. As a party to the Hyogo Framework for
Action, the State likewise adopts the strategic goals in order to build
national and local resilience to climate change-related disasters.
Further recognizing that climate change and disaster risk reduction and
management are closely interrelated and effective disaster risk reduction
and management will enhance adaptive capacity to climate change, climate
variability and extreme climate events, the State shall integrate disaster
risk reduction into climate change programs and initiatives.
“SEC. 3. Definition of Terms. – For purposes of this Act, the following shall
have the corresponding meanings:
(f) ‘Climate Variability’ refers to the variations in the average state and in
other statistics of the climate on all temporal and spatial scales beyond that
of individual weather events.
(g) ‘Climate Risk’ refers to the product of climate and related hazards
working over the vulnerability of human and natural ecosystems.
(j) ”Gender mainstreaming’ refers to the strategy for making the concerns
and experiences of women as well as those of men an integral dimension of
the design, implementation, monitoring, and evaluation of policies and
programs in all political, economic, environmental or ecological and
societal spheres so that women and men benefit equally and inequality is
not perpetuated. It is the process of assessing the implications for women
and men of any planned action, including legislation, policies, or programs
in all areas and at all levels.
(p) ‘Mitigation potential shall refer to the scale of GHG reductions that
could be made, relative to emission baselines, for a given level of carbon
price (expressed in cost per unit of carbon dioxide equivalent emissions
avoided or reduced).
(a) ‘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.
The Commission shall be organized within sixty (80) days from the
effectivity of this Act.”
At least one (1) of the sectoral representatives shall come from the disaster
risk reduction community.
In the event that the Chairperson cannot preside the meeting, the Vice
Chairperson shall undertake such function; Provided, however, That a
resolution or decision shall be approved by the majority of the three (3)
Commissioners: Provided, further, That the Chairperson may vote any
decisions of the Commission within thirty (30) days from receipt of the
same”
The Commissioners shall hold office for a period of six (6) years, and may
be subjected to reappointment: Provided, That no person shall serve for
more than two (2) consecutive terms: Provided, further, That, in case of a
vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term
only: Provided, furthermore, That in no case shall a Commissioner be
designated in a temporary or acting capacity: Provided, finally, That any
Commissioner may be removed from office before the expiration of his/her
term for cause or due to incapacity and in accordance with due process
required by pertinent laws.
The Vice Chairperson and the Commissioners shall have the rank and
privileges of a Department Secretary and Undersecretary, respectively.
They shall be entitled to corresponding compensation and other
emoluments and shall be subject to the same disqualifications.”
(c) Exercise policy coordination to ensure the attainment of goals sat in the
strategic framework and program on climate change;
(i) Coordinate and establish a close partnership with the National Disaster
Risk Reduction and Management Council in order to increase efficiency
and effectiveness in reducing the people’s vulnerability to climate-related
disasters;
(l) Coordinate with local government units (LGU’s) and private entities to
address vulnerability to climate change impacts of regions, provinces,
cities and municipalities;
(n) Promote and provide technical and financial support to local research
and develop merit programs and projects in vulnerable and marginalized
communities and areas;
(q) Perform such other functions as may be necessary for the effective
implementation of this Act.”
(b) The Department of the Interior and Local Government (DILG) and
Local Government Academy, in coordination with the National Economic
and Development Authority and other concerned agencies, shall facilitate;
the development and provision of a capacity-building program for LGUs in
climate change, including the provision of necessary and appropriate
technology. The program shall include socioeconomic, geophysical, policy,
and other content necessary to address the prevailing and forecasted
conditions and risks of particular LGUs. It shall likewise focus on women
and children, especially in the rural areas, since they are the most
vulnerable;
SEC. 11. Section 16 of Republic Act No. 9729 is hereby amended to read as
follows:
“SEC. 16. Coordination with Various Sectors. – In the development and
implementation of the National Climate Change Action Plan, and the local
action plans, the Commission shall consult and coordinate with the
nongovernment organizations (NGOs), civic organizations, academe,
people’s organizations, the private and corporate sectors and other
concerned stakeholder groups.”
SEC. 12. Section 17 of Republic Act No. 9729 is hereby amended to read as
follows:
(d) Conduct of such other activities reasonably necessary to carry out the
objectives of this Act, as may be defined by the Commission.”
SEC. 13. Insert and renumber Sections 18, 19, 20, 21, 22, 23, 24 and 25 in
Republic Act No. 9729 to read as follows:
“SEC. 18. Creation of the People’s Survival Fund. – A People’s Survival
Fund (PSF) is hereby established as a special fund in the National Treasury
for the financing of adaptation programs and projects based on the
National Strategic Framework.”
“SEC. 19. Sources of the Fund. – The amount of One billion pesos
(P1,000,000,000.00) shall be appropriated under the General
Appropriations Act (GAA) as opening balance of the PSF. Thereafter, the
balance of the PSF from all sources including the amount appropriated in
the GAA for the current year shall not be less than One billion pesos
(P1,000,000,000.00): Provided, That the balance of the PSF may be
increased as the need arises, subject to review and evaluation by the Office
of the President and the Department of Budget and Management (DBM) of
the accomplishments of the Commission and other concerned LGUs:
Provided, further, That the PSF shall not be used to fund personal services
and other operational expenses of the Commission: Provided,
furthermore, That the balance of the PSF including the amount
appropriated in the GAA which shall form part of the fund shall not revert
to the general fund: Provided, finally, That the Commission shall submit
to Congress and the DBM a semi-annual physical/narrative and financial
report on the utilization of the PSF.
“SEC. 20. Uses of the Fund. – The fund shall he used to support adaptation
activities of local governments and communities such as, but not limited
to, the following:
(f) Serving as a guarantee for risk insurance needs for farmers, agricultural
workers and other stakeholders; and
“SEC. 21. The People’s Survival Fund Board. – There is hereby created a
People’s Survival Fund Board, hereinafter referred to as the PSF Board,
which shall be lodged under the Commission. It shall be composed of the
following:
“SEC. 22. Powers and Functions of the PSF Board. – The PSF Board,
which shall convene at least twice a year, shall have the following powers
and functions:
(a) Promulgate policies that will maintain the fiduciary character of the
Board;
(b) Provide overall strategic guidance in the management and use of the
fund including, but not limited to, the development of funding windows for
various adaptation activities, including counterpart funding arrangements,
and guidelines for project assessment, approval and evaluation;
(f) Adopt a conflict of interest policy to ensure that board members will not
vote on projects if they have a direct stake therein; and
“SEC 23. Role of the Commission in the Utilization of the People’s Survival
Fund. – The Climate Change Office, headed by the Vice Chairperson of the
Commission, shall evaluate and review the project proposals, and, with the
concurrence and endorsement of a majority of the climate change
Commissioners appointed by the President, recommend approval of
project proposals to the PSF Board based on the policies, guidelines, and
safeguards, agreed by the PSF Board. The Commission shall utilize the
expertise of relevant government agencies in its advisory board and the
national panel of technical experts in the project appraisal, monitoring and
evaluation process. The Commission shall not be a project implementor.
SEC. 15. Separability Clause. – If, for any reason, any section or provision
of this Act is declared as unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.
SEC. 16. Repealing Clause. – All laws, ordinances, rules and regulations
and other issuances or parts thereof which are inconsistent with this Act
are hereby repealed or modified accordingly.
SEC. 17. Effectivity Clause. – This Act shall take effect after fifteen (15)
days following its complete publication in at least two (2) national
newspapers of general circulation.
Approved,