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CONGRESS OF THE PHILIPPINES
FOURTEENTH CONGRESS
Second Regular Session
HOUSE OF REPRESENTATIVES
H. No. 5982
BY REPRESENTATIVES GOLEZ, LACSON, LAZATIN, ALMARIO, FUA, VILLAR, ARROYO (I.), GATCHALIAN, SANTIAGO (N.), ALCALA, DEFENSOR (A.), ARROYO (D.), CABILAO, FABIAN, CODILLA, VILLANUEVA, ZAMORA (R.), GARCIA (A.), SY-ALVARADO, CUA (J.), RODRIGUEZ, GONZALES (N.), REMULLA, ANGARA, VELARDE, BONDOC, GARIN, CRISOLOGO, MALAPITAN, AGBAYANI, ROMULO, CAGAS, JALA, DAZA, DE GUZMAN, GULLAS, BAGATSING, REYES (V.), DIAZ, ANTONINO-CUSTODIO, OCAMPO, DILANGALEN, MARCOS, HONTIVEROS-BARAQUEL, BINAY AND MAZA, PER COMMITTEE REPORT NO. 1793
AN ACT ESTABLISHING THE FRAMEWORK PROGRAM FOR CLIMATE CHANGE, CREATING THE CLIMATE CHANGE COMMISSION FOR THIS PURPOSE, 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. Title. – This Act shall be known as the “Climate Change Act of 2009”.
SEC. 2. Declaration of Policy. – It is the policy of the State to promote the 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 that shall 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 equity and common but differentiated responsibilities and the precautionary principle to guide decision making in climate risk management. As a party to the United Nations Framework on Climate Change Convention (UNFCCC), the State adopts the ultimate objective of the Convention – the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system within a time frame sufficient to allow ecosystems to adapt naturally to climate change, in order to ensure that food production is not threatened and that economic development shall proceed in a sustainable manner.
Recognizing the potential dangerous consequences of climate change, including, but not limited to, 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 and the vulnerability to climate risks of the Philippine archipelago and its local communities, particularly the poor, the State shall cooperate with the global community in the resolution of climate change issues. It is the policy of the State for national and local governments, businesses, nongovernment organizations (NGOs), communities and the general public, to prepare for the consequences of climate change and thus, prevent and reduce the adverse impacts and maximize benefits of climate change.
The State, in pursuit of the abovementioned policy, shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve synergy in the implementation of plans and programs to address climate change in the context of sustainable development.
SEC. 3. Definition of Terms. – For purposes of this Act, the following shall have the corresponding meanings:
(a) “Adaptation” shall refer 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” shall refer 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) “Climate change” shall refer 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.
(d) “Climate variability” shall refer 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.
(e) “Climate risk” shall refer to the product of climate and related hazards working over the vulnerability of human and natural ecosystems.
(f) “Global warming” shall refer 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.
(g) “Greenhouse effect” shall refer to the process by which the absorption of infrared radiation by the atmosphere warms the Earth.
(h) “Greenhouse gases” shall refer 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.
(i) “Integrated Adaptation-Mitigation Approach” shall refer to a framework that builds on mitigation measures as part of adaptation, and vice-versa; and will provide the necessary mechanisms by which policies, science, markets, capacity building and information are able to respond to the realities of climate change and ensure that the core objective of the UNFCCC as articulated in Article 2 of the Convention are attained.
(j) “Mitigation” in the context of climate change shall refer to a human intervention to address anthropogenic emissions by sources and removals by sinks of all greenhouse gases including ozone-depleting substances and their substitutes.
(k) “Mitigation potential” shall refer to the scale of greenhouse gases (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).
(l) “Sea level rise” shall refer 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.
(m) “Vulnerability” shall refer 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.
SEC. 4. Framework Program on Climate Change. – Within six (6) months after the effectivity of this Act, there is hereby established a Framework Program on Climate Change that shall serve as the basis for climate change planning, research and development, extension, and monitoring of activities for protecting vulnerable communities from the damage to lives, property and the environment due to adverse climate impacts and to maximize beneficial effects thereof. The Framework Program, which shall be based on an Integrated Adaptation-Mitigation Approach, shall identify and establish national priorities and shall identify and propose the core components and initial activities to be implemented.
The Framework Program shall be formulated in accordance with the commitments of the Philippines under international agreements and specific adaptation needs and climate change vulnerabilities of the Philippines. It shall be reviewed every five (5) years, or as may be deemed necessary, in order to ensure relevance to the times.
SEC. 5. Components of the Framework Program for the National Action Plan on Climate Change. – The Framework Program on Climate Change shall have the following components:
(a) Policy formulation;
(b) Compliance with international commitments;
(c) Research and development;
(d) Database development and management, in the context of geographic information system;
(e) Capacity building/mainstreaming;
(f) Facilitation of local adaptation programs; and
(g) Advocacy and monitoring.
SEC. 6. Climate Change Commission. – Without prejudice to the mandates of existing member-government agencies, there is hereby established a Climate Change Commission, hereinafter referred to as the Commission, which shall be organized within sixty (60) days from the effectivity of this Act.
The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency attached to the Office of the President. It shall be composed of a Chairperson and two (2) Commissioners, all of whom shall be appointed by the President.
The Commission shall be the sole policy-making body, with coordinating, monitoring and evaluating functions, of all climate change-related activities of the government and its instrumentalities.
SEC. 7. Qualifications, Tenure, Compensation of Commissioners. – The Chairperson and 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 relevant experience and of proven honesty and integrity.
They shall be selected so as to be representative of the multi-disciplinary nature of policy, science, education and implementation elements of the efforts to prepare for the effects of climate change: 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 Chairperson and the Commissioners shall hold office for a period of four (4) years, and may be subject to reappointment: Provided, That no person shall serve for more than two (2) consecutive terms and that in case of a vacancy, the new appointee must fully meet the qualifications of a Commissioner and hold office for a full term and in no case shall a Commissioner be designated in a temporary or acting capacity.
The Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively. They shall receive the corresponding compensation and other emoluments and shall be subject to the same disqualifications.
SEC. 8. Ex Officio Members of the Commission. – The Commission shall be composed of the following ex officio members: the Secretaries of the Department of Agriculture, Department of Education, Department of Energy, Department of Environment and Natural Resources, Department of Foreign Affairs, Department of the Interior and Local Government, Department of Health, Department of Public Works and Highways, Department of Science and Technology, Department of Trade and Industry, Department of Transportation and Communications; the Director General of the National Economic and Development Authority as Chair of the Philippine Council for Sustainable Development; Department of National Defense as Chair of the National Disaster Coordinating Council, the Co-Chairpersons of the Joint Congressional Oversight Committee on Climate Change, the President of the League of Provinces, League of Cities, League of Municipalities and the Liga ng mga Barangay and a representative each from the academe, the business sector, NGOs and civil society. Only the ex officio members from the government may appoint a permanent qualified representative. Representatives from the other sectors shall be appointed by the President from a list of nominees submitted by their respective groups within thirty (30) days from the submission of the list. They shall serve for a term of three (3) years and to a maximum of three (3) terms. Appointment to any vacancy shall be only for the unexpired term of the predecessor.
The ex officio members shall meet once every three (3) months, or as often as may be necessary upon call of the Chairperson. Ex officio members of the Commission shall not receive any salary but shall be entitled to reimbursements for actual and necessary expenses incurred as a consequence of their attendance in meetings of the Commission subject to existing laws, rules and regulations.
SEC. 9. Decision-Making in the Commission. – A majority of the members of the Commission, including the ex officio members, shall constitute a quorum. The ex officio members shall report the climate change-related activities of their respective agencies or organizations and recommend policies, plans, projects and programs to the Commission.
A decision of the Commission shall, as far as practicable, be reached by consensus. If no consensus is reached, a decision shall be arrived at upon a vote of the majority of the Commissioners.
SEC. 10. Powers and Functions of the Commission. – The Commission shall have the following powers and functions:
(a) Recommend legislation, policies, programs and budgets on climate change adaptation, mitigation and other related activities;
(b) Review international agreements related to climate change and make recommendation for ratification and compliance to the government on matters pertaining thereto;
(c) In collaboration with the Department of Foreign Affairs, represent the Philippines in the climate change negotiations under the UNFCCC;
(d) 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;
(e) Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments;
(f) Coordinate all the activities and programs of the national agencies that deal with adaptation and mitigation of climate change;
(g) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities;
(h) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas;
(i) Promote and facilitate the mainstreaming of climate change consideration in the national, sectoral and local development plans and programs;
(j) Support local research and development programs and projects of scientific, research and implementing institutions for adaptation and mitigation; and
(k) Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures.
SEC. 11. Membership in the National Security Council. – The Chairperson shall automatically be a member of the National Security Council and shall report directly to the President regarding sensitive information on climate change.
SEC. 12. Panel of Technical Advisers. – For purposes of building local climate science, objective identification and evaluation of options, planning and implementation of initiatives, the Commission may constitute a national panel of technical advisers consisting of practitioners in disciplines that are related to climate change and representatives of civil society.
The panel shall act as an advisory body tasked to provide support 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 sea level rise, drought, floods, coral damage, strong storms and storm damage, heat-related illnesses and diseases, biodiversity and economic losses.
The Commission shall set the qualifications and compensation for the technical advisers. It shall provide resources for the operations and activities of the national advisory panel to facilitate information gathering, sharing, assessment, planning, and decision-making to prepare vulnerable communities for the management of risks brought about by climate change.
SEC. 13. Regional Offices. – The Commission may establish regional offices in areas that have been identified to be most vulnerable to the impacts of climate change.
SEC. 14. National Climate Change Action Plan. – The Commission, together with concerned agencies and LGUs shall, with public participation, formulate and fully implement a National Climate Change Action Plan based on the UNFCCC, other international agreements, conventions and protocols on climate change and the Framework Program within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall fulfill the following objectives, among others:
(a) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and extremes;
(b) The assessment and management of risk and vulnerability; and
(c) The identification of options, prioritization and selection of appropriate adaptation measures for adoption as joint projects of national and local governments.
SEC. 15. Local Climate Change Action Plan. – Consistent with the provision of the Local Government Code, the Framework Program on Climate Change, the National Climate Change Action Plan, and the action plans to be formulated by the member agencies of the Commission, LGUs shall act as the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas. LGUs shall, upon consultation with relevant stakeholders, develop and implement local action plans on climate change at the provincial, city and municipal levels.
Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and 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 update their respective action plans to reflect changing social, economic and environmental conditions and emerging issues. LGUs shall furnish the Commission within one (1) month from adoption, with copies of their action plans and all subsequent amendments, modifications and revisions. LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans.
The responsibility for naming a person that shall be tasked to formulate the local action plan shall rest with the provincial, city and municipal chief executive. Similarly, the local chief executive shall ensure that the local action plan is adequately implemented.
SEC. 16. Mainstreaming and Integrating Climate Change in Policy Formulations. – 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, the State shall systematically integrate the concept of climate change in various phases of policy formulation by all agencies and instrumentalities of the government. The Commission shall, within a reasonable time from the effectivity of this Act, formulate and subsequently publish guidelines for identifying, appraising and addressing potential impacts of policies in order to incorporate environmental safeguards to address climate change into the development process. There shall be regular review of such guidelines and conscious effort shall be made to integrate relevant new information and best practices to achieve mainstreaming of climate change policies.
For purposes of this section, mainstreaming shall refer to the need to bring adjustments to ecological, social or economic systems in response to expected climate change impacts to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.
SEC. 17. Roles of Civil Society and the Corporate and Private Sectors. – In the development and implementation of the National Climate Change Action Plan, the action plan of member agencies of the Commission and the local action plans, the NGOs, civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups shall involve such activities as planning, community organizing, research, technology transfer, information sharing, investment and training programs.
SEC. 18. Authority to Accept Grants, Contributions or Donations. – The Commission is authorized to accept grants, contributions, donations, endowments, bequests, or gifts in cash, or in kind from various sources, domestic or foreign, for purposes relevant to its functions: 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.
Receipts from donations shall be accounted for in the books of the Commission in accordance with pertinent accounting and auditing rules and regulations. Such donations, whether in cash or in kind, shall be deemed automatically appropriated for the purpose specified by the donor. The receipts from cash donations and proceeds from sale of donation commodities shall be remitted to the National Treasury, recorded as a Special Account in the General Fund and shall be available to the Commission through a special budget pursuant to Section 35, Chapter 5, Book VI of Executive Order No. 292: Provided, That donations for a specific purpose with a term not exceeding one (1) year shall be treated as Trust Receipts.
SEC. 19. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act and to ensure the mainstreaming of climate change in policy formulations. The Committee shall be composed of five (5) Members of the Senate and five (5) Members of the House of 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.
The Joint Congressional Oversight Committee shall function for a period of not more than three (3) years. The secretariat of the Oversight Committee shall be drawn from the existing secretariat personnel of the Committees of the Senate and the House of Representatives. The funding for its operations shall be taken from the existing budget of the concerned committees.
SEC. 20. Annual Report. – The Commission shall submit to the President and to Congress, not later than March 30 of every year following the effectivity of this Act or upon the request of the Joint 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 make necessary recommendations in areas where there is need for legislative action. 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.
SEC. 21. Administrative Sanctions. – Local government officials, officials of the Commission and government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with Republic Act No. 7160, otherwise known as “The Local Government Code” and other existing laws, rules and regulations.
SEC. 22. Appropriations. – The amount necessary for the initial implementation of this Act shall be charged against the existing budget of the Office of the Presidential Adviser on Global Warming and Climate Change under the Office of the President in the Fiscal Year 2009 General Appropriations Act (GAA). Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the annual GAA.
SEC. 23. Implementing Rules and Regulations (IRR). – The Commission shall, in consultation with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations which shall be submitted to the Joint Congressional Oversight Committee which shall review, revise and approve the same within sixty (60) days after the Commission has been convened: Provided, That failure to issue rules and regulations shall not, in any manner, affect the executory nature of the provisions of this Act: Provided, further, That the Commission may continue to issue separate regulations consistent with the IRR as approved by the Joint Congressional Oversight Committee.
SEC. 24. Transitory Provisions. – Upon the organization of the Commission, the Presidential Task Force on Climate Change and the Inter-Agency Committee on Climate Change 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.
SEC. 25. Separability Clause. – If for any reason any section or provision of this Act is declared by the court as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.
SEC. 26. 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. 27. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved,
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