Republic Act No. 10174

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Republic Act No.

10174
Republic of the Philippines
Congress of the Philippines
MetroManila

Fifteenth Congress

Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July,
two thousand eleven.

[REPUBLIC ACT NO. 10174]

AN ACT ESTABLISHING THE PEOPLE’S SURVIVAL FUND TO


PROVIDE LONG-TERM FINANCE STREAMS TO ENABLE THE
GOVERNMENT TO EFFECTIVELY ADDRESS THE PROBLEM OF
CLIMATE CHANGE, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9729, OTHERWISE KNOWN AS THE
“CLIMATE CHANGE ACT OF 2009”, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the


Philippines in Congress assembled:

SECTION 1. Section 2 of Republic Act No. 9729, otherwise known as the


“Climate Change Act of 2009”, is hereby amended to read as follows:

“SEC. 2. Declaration of Policy. – It is the policy of the State to afford full


protection and the advancement of the right of the people to a healthful
ecology in accord with the rhythm and harmony of nature. In this light, the
State has adopted the Philippine Agenda 21 framework which espouses
sustainable 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 (UNFCCC), the
State adopts the ultimate objective of the Convention which is the
stabilization of greenhouse gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic interference with the climate
system which should be achieved within a time frame sufficient to allow
ecosystems to adapt naturally to climate change, to ensure that food
production is not threatened and to enable economic development to
proceed in a sustainable manner. As a party to the Hyogo Framework for
Action, the State likewise adopts the strategic goals in order to build
national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local


communities, particularly the poor, women, and children, to potential
dangerous consequences of climate change and global warming such as
increasing temperatures, rising seas, changing landscapes, increasing
frequency and/or severity of droughts, fire, floods and storms, climate-
related illnesses and diseases, damage to ecosystems, biodiversity loss that
affect the country’s environment, culture, and economy, the State shall
cooperate with the global community in the resolution of climate change
issues, including disaster risk reduction. It shall be the policy of the State
to enjoin the participation of national and local governments, businesses,
nongovernment organizations, local communities and the public to
prevent and reduce the adverse impacts of climate change and, at the same
time, maximize the potential benefits of climate change. It shall also be the
policy of the State to incorporate a gender-sensitive, pro-children and pro-
poor perspective in all climate change and renewable energy efforts, plans
and programs. In view thereof, the State shall strengthen, integrate,
consolidate and institutionalize government initiatives to achieve
coordination in the implementation of plans and programs to address
climate change in the contest of sustainable development.

Further recognizing that climate change and disaster risk reduction and
management are closely interrelated and effective disaster risk reduction
and management will enhance adaptive capacity to climate change, climate
variability and extreme climate events, the State shall integrate disaster
risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and sub-national


government policies, plans, programs and projects are founded upon
sound environmental considerations and the principle of sustainable
development, it is hereby declared the policy of the State to systematically
integrate the concept of climate change in various phases of policy
formulation, development plans, poverty reduction strategies and other
development tools and techniques by all agencies and instrumentalities of
the government.”

SEC. 2. Section 3 of Republic Act No. 9729 is hereby amended to read as


follows:

“SEC. 3. Definition of Terms. – For purposes of this Act, the following shall
have the corresponding meanings:

(a) ‘Adaptation’ refers to the adjustment in natural or human systems in


response to actual or expected climatic stimuli or their effects, which
moderates barn or exploits beneficial opportunities.

(b) ‘Adaptive capacity’ refers to the ability of ecological, social or economic


systems to adjust to climate change including climate variability and
extremes, to moderate or offset potential damages and to take advantage of
associated opportunities with changes in climate or to cope with the
consequences thereof.

(c) ‘Anthropogenic causes’ refer to causes resulting from human activities


or produced by human beings.

(d) ‘Climate Change’ refers to a change in climate that can be identified by


changes in the mean and/or variability of its properties and that persists
for an extended period typically decades or longer, whether due to natural
variability or as a result of human activity.
(e) ‘Climate Finance’ refers to resources that have been allocated or may be
utilized towards the climate change adaptation and mitigation
requirements of the country and its vulnerable communities.

(f) ‘Climate Variability’ refers to the variations in the average state and in
other statistics of the climate on all temporal and spatial scales beyond that
of individual weather events.

(g) ‘Climate Risk’ refers to the product of climate and related hazards
working over the vulnerability of human and natural ecosystems.

(h) ‘Disaster’ refers to a serious disruption of the functioning of a


community or a society involving widespread human, material, economic
or environmental losses and impacts which exceed the ability of the
affected community or society to cope using its own resources.

(i) ‘Disaster Risk Reduction and Management (DRRM)’ refers to the


systematic process of using administrative directives, organizations, and
operational skills and capacities to implement strategies, policies and
improved coping capacities in order to lessen the adverse impacts of
hazards and the possibility of disaster. Prospective Disaster Risk Reduction
and Management refers to risk reduction and management activities that
address and seek to avoid the development of new or increased disaster
risks, especially if risk reduction policies are not put in place.

(j) ”Gender mainstreaming’ refers to the strategy for making the concerns
and experiences of women as well as those of men an integral dimension of
the design, implementation, monitoring, and evaluation of policies and
programs in all political, economic, environmental or ecological and
societal spheres so that women and men benefit equally and inequality is
not perpetuated. It is the process of assessing the implications for women
and men of any planned action, including legislation, policies, or programs
in all areas and at all levels.

(k) ‘Global Warming’ refers to the increase in the average temperature of


the Earth’s near-surface air and oceans that is associated with the
increased concentration of greenhouse gases in the atmosphere.

(I) ‘Greenhouse effect’ refers to the process by which the absorption of


infrared radiation by the atmosphere warms the Earth.

(m) ‘Greenhouses gases (GHG)’ refers to constituents of the atmosphere


that contribute to the greenhouse effect including, but not limited to,
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons and sulfur hexafluoride.

(n) ‘Mainstreaming’ refers to the integration of policies and measures that


address climate change into development planning and sectoral decision-
making.

(o) ‘Mitigation’ in the context of climate change, refers to human


intervention to reduce anthropogenic emissions sources and enhance
removals by sinks of all GHG, including- ozone-depleting substances and
their substitutes.

(p) ‘Mitigation potential shall refer to the scale of GHG reductions that
could be made, relative to emission baselines, for a given level of carbon
price (expressed in cost per unit of carbon dioxide equivalent emissions
avoided or reduced).

(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.

(r) ‘Vulnerability’ refers to the degree to which a system is susceptible to,


or unable to cope with, adverse effects of climate change, including climate
variability and extreme climate events. Vulnerability is a function of the
character, magnitude, and rate of climate change and variation to which a
system is exposed, its sensitivity, and its adaptive capacity.

SEC. 3. Section 4 of Republic Act No. 9729 is hereby amended to read as


follows:
“SEC. 4. Creation of the Climate Change Commission. – There is hereby
established a Climate Change Commission, hereinafter referred to as the
Commission.

Thu Commission shall be an independent and autonomous body and shall


have the same status as that of a national government agency. It shall be
attached to the Office of the President.

The Commission shall be the lead policy-making body of the government,


which shall be tasked to coordinate, monitor and evaluate the programs
and action plans of the government in order to ensure the mainstreaming
of climate change into the national, sectoral and local development plans
and programs pursuant to the provisions of this Act.

The Commission shall be organized within sixty (80) days from the
effectivity of this Act.”

SEC. 4. Section 5 of Republic Act No. 9729 is hereby amended to read as


follows.

“SEC. 5. Composition of the Commission. – The Commission shall be


composed of the President, of the Republic of the Philippines who shall
serve as the Chairperson, and three (3) Commissioners to be appointed by
the President, one of whom shall be appointed as Vice Chairperson of the
Commission.

The Commission shall have an advisory board composed of the following:

(a) Secretary of the Department of Agriculture;

(b) Secretary of the Department of Budget and Management;

(c) Secretary of the Department of Energy;

(d) Secretary of the Department of Environment and Natural Resources;

(e) Secretary of the Department of Education;


(f) Secretary of the Department of Finance;

(g) Secretary of the Department of Foreign Affairs;

(h) Secretary of the Department of Health;

(i) Secretary of the Department of Interior and Local Government;

(j) Secretary of the Department of National Defense, in his capacity as


Chair of the National Disaster Risk Reduction and Management Council;

(k) Secretary of the Department of Public Works and Highways;

(l) Secretary of the Department of Science and Technology;

(m) Secretary of the Department of Social Welfare and Development;

(n) Secretary of the Department of Trade and Industry;

(o) Secretary of the Department of Transportation and Communications;

(p) Director-General of the National Economic and Development


Authority, in his capacity as Socioeconomic Planning Secretary and Chair
of the Philippine Council for Sustainable Development (PCSD);

(q) Director-General of the National Security Council;

(r) Chairperson of the Philippine Commission on Women;

(s) Chairperson of the National Youth Commission;

(t) President of the Sangguniang Kabataan National Federation;

(u) President of the League of Provinces;

(v) President of the League of Cities;

(w) President of the League of Municipalities;

(x) President of the Liga ng mga Barangay;


(y) Representative from the academe;

(aa) Representative from the business sector; and

(aa) Representative from nongovernmental organizations.

At least one (1) of the sectoral representatives shall come from the disaster
risk reduction community.

The representatives shall be appointed by the President from a list of


nominees submitted by their respective groups and endorsed by the
Commission. They shall serve for a maximum term of six (6) years:
Provided, however, That such appointment, may be terminated by the
President on the basis of the withdrawal of endorsement by or
recommendation of the sector they represent. Appointment to any vacancy
shall be only for the unexpired term of the predecessor.

Ex officio members of the advisory board may appoint their respective


permanent alternate representatives who shall have the rank of an
Undersecretary.”

SEC. 5. Section 6 of Republic Act No. 9729 is hereby amended to read as


follows:

“SEC. 6. Meetings of the Commission. – The Commission shall convene


every first or last. Monday of every third month, or as often as it may deem
necessary.

In the event that the Chairperson cannot preside the meeting, the Vice
Chairperson shall undertake such function; Provided, however, That a
resolution or decision shall be approved by the majority of the three (3)
Commissioners: Provided, further, That the Chairperson may vote any
decisions of the Commission within thirty (30) days from receipt of the
same”

SEC. 6. Section 7 of Republic Act. No. 9729 is hereby amended to read as


follows:
“SEC. 7. Qualifications, Tenure, Compensation and Removal of
Commissioners. – The Commissioners must be Filipino citizens, residents
of the Philippines, at least thirty (30) years of age at the time of
appointment, with proven experience on climate change and of proven
honesty and integrity. The Commissioners shall be experts in climate
change by virtue of their educational background, training and experience:
Provided, That at least, one (1) Commissioner shall be female: Provided,
further, That in no case shall the

Commissioners come from the same sector: Provided, finally, That in no


case shall any of the Commissioners appoint representatives to act on their
behalf.

The Commissioners shall hold office for a period of six (6) years, and may
be subjected to reappointment: Provided, That no person shall serve for
more than two (2) consecutive terms: Provided, further, That, in case of a
vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term
only: Provided, furthermore, That in no case shall a Commissioner be
designated in a temporary or acting capacity: Provided, finally, That any
Commissioner may be removed from office before the expiration of his/her
term for cause or due to incapacity and in accordance with due process
required by pertinent laws.

The Vice Chairperson and the Commissioners shall have the rank and
privileges of a Department Secretary and Undersecretary, respectively.
They shall be entitled to corresponding compensation and other
emoluments and shall be subject to the same disqualifications.”

SEC. 7. Section 9 of Republic Act No. 9729 is hereby amended to read as


follow;

“SEC. 9. Powers and Functions of the Commission. – The Commission


shall have the following powers and functions:

(a) Coordinate and synchronize climate change programs in consultation


with national government agencies and other stakeholders;

(b) Formulate a Strategic Framework on Climate Change to serve as the


basis for a program for climate change planning, research and
development, extension, and monitoring of activities on climate change;

(c) Exercise policy coordination to ensure the attainment of goals sat in the
strategic framework and program on climate change;

(d) Recommend legislation, policies, strategies, programs on and


appropriations for climate change adaptation and mitigation and other
related activities;

(e) Recommend key development investments in climate-sensitive sectors


such as water resources, agriculture, forestry, coastal and marine
resources, health, and infrastructure to ensure the achievement of national
sustainable development goals;

(f) Create an enabling environment for the design of relevant and


appropriate risk-sharing and risk-transfer instruments;

(g) Create an enabling environment that shall promote broader multi-


stakeholder participation and integrate climate change mitigation and
adaptation;

(h) Formulate strategies for mitigating GHG emissions, anthropogenic


sources and enhance removal by sinks;

(i) Coordinate and establish a close partnership with the National Disaster
Risk Reduction and Management Council in order to increase efficiency
and effectiveness in reducing the people’s vulnerability to climate-related
disasters;

(j) In coordination with the Department of foreign Affairs, represent the


Philippines in the climate change negotiations, constitute and lead the
Philippine panel of negotiators to the UNFCCC and the formulation of
official Philippine positions on climate change negotiation issues, and
decision areas in the international negotiation arena;

(k) Formulate and update guidelines for determining vulnerability to


climate change impacts and adaptation assessments and facilitate the
provision of technical assistance for their implementation and monitoring;

(l) Coordinate with local government units (LGU’s) and private entities to
address vulnerability to climate change impacts of regions, provinces,
cities and municipalities;

(m) Facilitate capacity building for local adaptation planning,


implementation and monitoring of climate change initiatives in vulnerable
and marginalized communities and areas;

(n) Promote and provide technical and financial support to local research
and develop merit programs and projects in vulnerable and marginalized
communities and areas;

(o) Oversee the dissemination of information on climate change, local


vulnerabilities and risks, relevant laws and protocols and adaptation and
mitigation measures;

(p) Establish a coordination mechanism with the concerned government


agencies and other stakeholders to ensure transparency and coherence in
the administration of climate funds taking into consideration the official
Philippine position in international negotiations; and

(q) Perform such other functions as may be necessary for the effective
implementation of this Act.”

SEC. 8. Section 11 of Republic Act No. 9729 is hereby amended to road as


follows:

“SEC. 11. National Strategic Framework and Program on Climate


Change. – The Commission shall, within six (6) months from the
effectivity of this Act, formulate a National Strategic Framework on
Climate Change. The Frame work shall serve as the basis for climate
change planning, research and development, extension, monitoring of
activities, and climate financing, to protect vulnerable and marginalized
communities from the adverse effects of climate change.

The Framework shall be formulated based on climate change


vulnerabilities, specific adaptation needs, and mitigation potential, and in
accordance with the international agreements.

The Framework shall be reviewed every three (3) years, or as may be


deemed necessary. The review of the Framework shall involve a
participatory and interactive process.”

SEC. 9. Section 12 of Republic Act No. 9729 is hereby amended to read as


follows:

“SEC. 12. Components of the National Strategic Framework and Program


on Climate Change. – The Framework shall include, but not limited to, the
following components:

(a) National priorities;

(b) Impact, vulnerability and adaptation assessments;

(c) Policy formulation;

(d) Compliance with international commitments;

(e) Research and development;

(f) Database development and management;

(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and

(j) Gender mainstreaming.”


SEC. 10. Section 15 of Republic Act No. 9729 is hereby amended to read as
follows:

“SEC. 15. Role of Government Agencies. – To ensure the effective


implementation of the framework strategy and program on climate change,
concerned agencies shall, perform the following functions:

(a) The Department of Education (DepED) shall integrate climate change


into the primary and secondary education curricula and/or subjects, such
as, but not limited to, science, biology, sibika, history, including textbooks,
primers and other educational materials, basic climate change principles
and concepts;

(b) The Department of the Interior and Local Government (DILG) and
Local Government Academy, in coordination with the National Economic
and Development Authority and other concerned agencies, shall facilitate;
the development and provision of a capacity-building program for LGUs in
climate change, including the provision of necessary and appropriate
technology. The program shall include socioeconomic, geophysical, policy,
and other content necessary to address the prevailing and forecasted
conditions and risks of particular LGUs. It shall likewise focus on women
and children, especially in the rural areas, since they are the most
vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall


oversee the establishment and maintenance of a climate change
information management system and network, including on climate
change risks, activities and investments, in collaboration with other
concerned national government agencies, institutions and LGUs

(d) The Department of Foreign Affairs (DFA) shall review international


agreements related to climate change and make the necessary
recommendation for ratification and compliance by the government on
matters pertaining thereto;

(e) The Philippine Information Agency (PIA) shall disseminate


information on climate change, local vulnerabilities and risk, relevant laws
and protocols and adaptation and mitigation measures;

(f) The Department of Finance (DOF) shall coordinate with the


Commission on matters concerning fiscal policies related to climate change
and monitor and report measures involving climate finance;

(g) The Department of Budget and Management (DBM) shall undertake


the formulation of the annual national budget in a way that ensures the
appropriate prioritization and allocation of funds to support climate
change-related programs and projects in the annual program of
government;

(h) The Department, of Science and Technology (DOST), through the


Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA), shall promote, assist and, where appropriate,
undertake scientific and technological research and development,
projections and analysis of future climate scenarios, including activities
relative to observation, collection, assessment and processing of climate-
related data such as, but not limited to, rainfall, sea-level-rise, extreme
climate events, rise in temperatures, and records of severe droughts
monitored over long periods of time, in coordination with LGUs in
priority/target monitoring sites, for the benefit of agriculture, natural
resources, commerce and industry and in other areas identified to be vital
to the country’s development; and

(i) Government financial in institutions, except Bangko Sentral ng Pilipinas


(BSP) shall, any provision in their respective charters to the contrary
notwithstanding, provide preferential financial packages for climate
change-related projects. In consultation with the BSP, they shall, within
thirty (30) days from the effectivity of this Act, issue and promulgate the
implementing guidelines therefor.”

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:

“SEC. 17. Authority to Receive Donations and/or Grants. – The


Commission is hereby authorized to accept grants, contributions,
donations, endowments, bequests, or gifts in cash, or in kind from local
and foreign sources in support of the development and implementation of
climate change programs and plans; Provided, That in case of donations
from foreign governments, acceptance thereof shall be subject to prior
clearance and approval of the President of the Philippines upon
recommendation of the Department of Finance: Provided, further, That
such donations shall not be used to fund personal services expenditures
and other operating expenses of the Commission.

The proceeds shall be used to finance:

(a) Research, development, demonstration and promotion of technologies;

(b) Conduct of assessment of vulnerabilities to climate change impacts,


resource inventory, and adaptation capability building;

(c) Advocacy, networking and communication activities in the conduct of


information campaign; and

(d) Conduct of such other activities reasonably necessary to carry out the
objectives of this Act, as may be defined by the Commission.”

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.

The PSF may be augmented by donations, endowments, grants and


contributions, which shall be exempt from donor’s tax and be considered
as allowable deductions from the gross income of the donor, in accordance
with the provisions of the National Internal Revenue Code of 1997, as
amended.”

“SEC. 20. Uses of the Fund. – The fund shall he used to support adaptation
activities of local governments and communities such as, but not limited
to, the following:

(a) Adaptation activities, where sufficient information is available to


warrant such activities, in the areas of water resources management, land
management, agriculture and fisheries, health, infrastructure
development, natural ecosystems including mountainous and coastal
ecosystems;

(b) Improvement of the monitoring of vector-borne diseases triggered by


climate change, and in this context improving disease control and
prevention;

(c) Forecasting and early warning systems as part of preparedness for


climate-related hazards;

(d) Supporting institutional development, for local governments, in


partnership with local communities and civil society groups, for preventive
measures, planning, preparedness and management of impacts relating to
climate change, including contingency planning, in particular, for droughts
and floods in areas prone to extreme climate events;

(e) Strengthening existing; and where needed, establish regional centers


and information networks to support climate change adaptation initiatives
and projects;

(f) Serving as a guarantee for risk insurance needs for farmers, agricultural
workers and other stakeholders; and

(g) Community adaptation support programs by local organizations


accredited by the Commission.

The fund shall be suppletory to any annual appropriations allocated by


relevant government agencies for climate change-related programs and
projects and by LQUs. The fund shall encourage counterpart funding
arrangements among local governments, community organizations, the
private sector, and other entities.”

“SEC. 21. The People’s Survival Fund Board. – There is hereby created a
People’s Survival Fund Board, hereinafter referred to as the PSF Board,
which shall be lodged under the Commission. It shall be composed of the
following:

(a) Secretary of the Department of Finance as Chair;


(b) Vice Chairperson of the Commission;

(c) Secretary of the Department of Budget and Management;

(d) Director-General of the National Economic and Development


Authority;

(e) Secretary of the Department of the Interior and Local Government;

(f) Chairperson of the Philippine Commission on Women;

(g) A representative from the academe and scientific community;

(h) A representative from the business sector; and

(i) A representative from the NGOs: Provided, That the organizations of


the academe and scientific community, business and NGO representatives
of the PSF Board are disqualified from accessing the fund during their
term, as set by the Commission, and a year after their tenure in the PSF
Board shall have been terminated or completed. The said representatives
shall be identified nod designated as such by the Commission.”

“SEC. 22. Powers and Functions of the PSF Board. – The PSF Board,
which shall convene at least twice a year, shall have the following powers
and functions:

(a) Promulgate policies that will maintain the fiduciary character of the
Board;

(b) Provide overall strategic guidance in the management and use of the
fund including, but not limited to, the development of funding windows for
various adaptation activities, including counterpart funding arrangements,
and guidelines for project assessment, approval and evaluation;

(c) Develop social, financial and environmental safeguards to be used in


project implementation;

(d) Identify additional sources for the fund;


(e) Issue final approval of projects for the use of the fund;

(f) Adopt a conflict of interest policy to ensure that board members will not
vote on projects if they have a direct stake therein; and

(g) Ensure an independent third party evaluation and auditing of activities


supported by the fund, taking into consideration the principles of
transparency and accountability, and government accounting and auditing
roles and regulations.”

“SEC 23. Role of the Commission in the Utilization of the People’s Survival
Fund. – The Climate Change Office, headed by the Vice Chairperson of the
Commission, shall evaluate and review the project proposals, and, with the
concurrence and endorsement of a majority of the climate change
Commissioners appointed by the President, recommend approval of
project proposals to the PSF Board based on the policies, guidelines, and
safeguards, agreed by the PSF Board. The Commission shall utilize the
expertise of relevant government agencies in its advisory board and the
national panel of technical experts in the project appraisal, monitoring and
evaluation process. The Commission shall not be a project implementor.

The Commission shall formulate mechanisms that ensure transparency


and public access to information regarding funding deliberations and
decisions.

The Commission shall develop guidelines to accredit local organizations


seeking to access the fund. Organizations will be accredited based on
criteria such as organizational independence, track record in the
community and/or field of expertise, financial management, and
participatory practices.”

“SEC. 24. Prioritization of Fund Allocation. – The Commission shall


develop criteria to prioritize use of the fund based on, but not. limited to,
the following:

(a) Level of risk and vulnerability to climate change;


(b) Participation of affected communities in the design of the project;

(c) Poverty reduction potential;

(d) Cost effectiveness and attainability of the proposal;

(e) Identification of potential co-benefits extending beyond LGU territory;

(f) Maximization of multi-sectoral or cross-sectoral benefits;

(g) Responsiveness to gender-differentiated vulnerabilities; and

(h) Availability of climate change adaptation action plan.”

“SEC. 25. Community Participation. – To ensure transparency and


participation of vulnerable and marginalized groups in the adaptation
projects to be supported by the fund, community representatives and/or
NGO counterparts may participate as observers in the project
identification, monitoring and evaluation process of the Commission.”

SEC. 14. The succeeding sections shall be renumbered accordingly.

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,

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


Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 2811 and House Bill
No. 6235 was finally passed by the Senate and the House of
Representatives on June 6, 2012.

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


Secretary General Secretary of the Senate
House of Representatives

Approved: AUG 16 2012

(Sgd.) BENIGNO S. AQUINO III


President of the Philippines

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