Revised Implementing Rules and Regulations of the Climate Change Act of 2009, as Amended by Republic Act No. 10174

November 13, 2015

CLIMATE CHANGE COMMISSION RESOLUTION NO. 3

REVISED IMPLEMENTING RULES AND REGULATIONS (R-IRR) OF REPUBLIC ACT NO. 9729, OTHERWISE KNOWN AS THE CLIMATE CHANGE ACT OF 2009, AS AMENDED BY REPUBLIC ACT NO. 10174

Pursuant to the rule-making power vested in the Climate Change Commission, this Revised Implementing Rules and Regulations is hereby adopted for the guidance of all concerned:

RULE I

Preliminary Provisions

SECTION 1. Title. — These rules shall be known and cited as the "Revised Implementing Rules and Regulations (R-IRR) of the Climate Change Act of 2009, as amended by Republic Act No. 10174."

RULE II

Declaration of Policies

SECTION 1. Declaration of Policies. — This Revised IRR is hereby issued to carry out the policies of the State declared under the Climate Change Act of 2009, as amended, to wit:

(a)  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;

(b)  To adopt the Philippine Agenda 21 framework which espouses sustainable development, to fulfil human needs while maintaining the quality of the natural environment for current and future generations;

(c)  To adopt 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;

(d)  To adopt the ultimate objective of the United Nations Framework Convention on Climate Change 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;

(e)  To adopt the strategic goals of the Hyogo Framework for Action 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 vulnerable sectors such as the poor, women, children and youth, local communities and indigenous peoples, persons with disabilities and elderly, to potential dangerous consequences of climate change such as increasing temperatures, rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems and biodiversity loss that affects 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 and management; CAIHTE

(f)  To enjoin the participation of national and local governments, businesses, nongovernmental organizations, the academe, local and indigenous communities and the general public to prevent and reduce the adverse impacts of climate change, and at the same time, maximize the benefits of climate change;

(g)  To incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs of the national government and LGUs. 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;

(h)  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, to integrate disaster risk reduction into climate change programs and initiatives;

(i)  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, to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reductive strategies and other development tools and techniques by all agencies and instrumentalities of the government.

RULE III

Definition of Terms

SECTION 1. Definition of Terms. — For purposes of this Revised IRR, the following terms shall be understood as follows:

(a)  "Adaptation" — refers to adjustments in ecological, social, or economic systems in response to actual or expected climatic stimuli and their effects or impacts. It refers to changes in processes, practices, and structures to moderate potential damages or to benefit from opportunities associated with climate change. Adaptation measures aim to reduce sensitivities and exposure to hazards, and enhance adaptive capacity.

(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" — means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.

(e)  "Climate Change Office" — refers to the said office created under the Republic Act 9729 that assists the Commission and serves as its Secretariat.

(f)  "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.

(g)  "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.

(h)  "Climate Risk" — refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems.

(i)  "Commission" — refers to the Climate Change Commission.

(j)  "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. DETACa

(k)  "Disaster Risk Reduction and Management" or DRRM — refers to the systematic process of using administrative directives, organizations and operational skills and capacities to implement strategies, policies and improving 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, as defined by Republic Act No. 10121.

(l)  "Fiduciary" — refers to the person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved in it and the scrupulous good faith and candor which it require.

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

(n)  "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.

(o) "Government Financial Institutions" — refers to banks and lending institutions owned and/or controlled by the government such as Land Bank of the Philippines, Development Bank of the Philippines, QUEDANCOR, and others of similar nature.

(p)  "Greenhouse Effect" — refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth.

(q)  "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.

(r)  "LCCAP" — refers to the Local Climate Change Action Plan or is the action plan formulated by Local Government Units to address climate change concerns.

(s)  "Mainstreaming" — refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making.

(t)  "Mitigation" — in the context of climate change, it refers to human intervention to address anthropogenic emissions by sources and removal by sinks of all GHG, including ozone-depleting substances and their substitutes. This should not be confused with disaster mitigation.

(u)  "Mitigation potential'' — refers 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).

(v)  "National Government" — refers to national government agencies, such as the Department of Environment and Natural Resources, Department of Agriculture, etc.

(w)  "NCCAP" — refers to the National Climate Change Action Plan or is an action plan by the national government formulated by the Commission to address climate change concerns and based on the NFSCC.

(x)  "NFSCC" — refers to the National Framework Strategy on Climate Change or the framework formulated based on climate change vulnerabilities, specific adaptation needs and mitigation potential, and is in accordance with the international agreements.

(y)  "Preferential Financial Package'' — refers to special financial packages offered by GFIs to entities that will undertake projects that will address climate change concerns. The financial package may include low interest rates or other special terms and conditions as may be determined by the GFIs under this Act.

(z)  "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. aDSIHc

(aa)  "Sea Level Rise" — refers to an increase in sea level which may be influenced by factors like global warming through the expansion of sea water as the oceans warm and melting of ice over land and other local factors such as land subsidence.

(bb)  "Vulnerability" — refers to the degree by which a system is susceptive to, or unable to cope with, the 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.

(cc)  "Vulnerable and marginalized groups" — are groups or communities of poor women and men who face higher exposure to disaster risk and aggravated poverty including, but not limited to, children, elderly, differently-abled people, and indigenous peoples.

RULE IV

Creation, Composition and Qualifications of Commissioners

SECTION 1. The Climate Change Commission. — The Climate Change Commission, or herein referred to as 'the Commission,' shall be an independent, autonomous and collegial body and shall have the same status as that of a national government agency. As such, the Commission has the power to promulgate its own rules of procedure and other rules necessary and appropriate for the orderly functioning of its affairs and the proper conduct of its decision-making procedures.

The Commission shall be attached to the Office of the President for policy coordination. It shall lead the development and formulation of policies relating to climate change. As the lead policy making body on climate change, the Commission is tasked to coordinate, monitor, and evaluate programs, budgets and action plans of government relating to climate change both at the national and local government levels.

Within sixty (60) days after the effectivity of the Act, the Commission shall have been constituted.

SECTION 2. Composition of the Commission. —

(a)  The Commission shall be composed of the President of the Republic of the Philippines who will serve as the Chairperson in an ex-officio capacity and three (3) Commissioners, one of whom shall be appointed by the President as the Vice-Chairperson of the Commission.

(b)  Advisory Board. The Commission shall have an Advisory Board composed of the following:

i. Secretary of the Department of Agriculture (DA);

ii. Secretary of the Department of Budget and Management (DBM);

iii. Secretary of the Department of Energy (DOE);

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

v. Secretary of the Department of Education (DepEd);

vi. Secretary of the Department of Finance (DOF);

vii. Secretary of the Department of Foreign Affairs (DFA);

viii. Secretary of the Department of Health (DOH);

ix. Secretary of the Department of the Interior and Local Government (DILG);

x. Secretary of the Department of National Defense (DND), in his capacity as Chair of the National Disaster Risk Reduction and Management Council (NDRRMC);

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

xii. Secretary of the Department of Science and Technology (DOST);

xiii. Secretary of the Department of Social Welfare and Development (DSWD);

xiv. Secretary of the Department of Trade and Industry (DTI);

xv. Secretary of the Department of Transportation and Communications (DOTC); ETHIDa

xvi. Director-General of the National Economic and Development Authority (NEDA), in his capacity as Chair of the Philippine Council for Sustainable Development (PCSD) and as Planning Secretary;

xvii. Director-General of the National Security Council (NSC);

xviii. Chairperson of the Philippine Commission on Women (PCW);

xix. Chairperson of the National Youth Commission (NYC);

xx. President of the Sangguniang Kabataan National Federation;

xxi. President of the League of Provinces of the Philippines (LPP);

xxii. President of the League of Cities of the Philippines (LCP);

xxiii. President of the League of Municipalities of the Philippines (LMP);

xxiv. President of the Liga ng mga Barangay;

xxv. One (1) Representative from the academe;

xxvi. One (1) Representative from the business sector; and

xxvii. One (1) Representative from nongovernmental organizations.

The Commission may seek the advice of other agencies not specifically listed above for the effective implementation of the Act.

(c)  The Role of the Advisory Board are as follows:

i. To assist the Commission in the formulation of climate adaptation and mitigation policies and to give advice on matters that are related to the mandate of the agencies/offices.

ii. The Advisory Board shall attend the meetings of the Commission as deemed necessary or when needed. It shall dispense advice in the formulation of policies.

iii. The sectoral representatives shall make a regular update of the activities of the Commission to their respective sectoral groups or organizations, in a manner that the sector has identified. The representatives shall also give advice to the Commission on the positions and concerns of their sectors on matters that come before it needing sectoral input and positioning.

(d)  The Advisory Board may be clustered into the following:

i. Food Security;

ii. Water Sufficiency;

iii. Environmental and Ecological Stability;

iv. Human Security;

v. Sustainable Energy;

vi. Climate-Smart Industries and Services; and

vii. Knowledge and Capacity Development.

(e)  Pursuant to the mandatory provisions under Section 6 of the Act, the Commission may call upon other agencies to fully implement the Act.

(f)  The sectoral representatives are the representatives from academe, business sector, and nongovernmental organizations. At least one (1) of the sectoral representatives shall come from the disaster risk reduction and management community. The representatives shall be appointed by the President from a list of nominees submitted by their respective groups to the Commission. They shall serve for a maximum term of six (6) years unless their representation is withdrawn by the sector they represent. The withdrawal of the appointment of the sectoral representative shall be submitted in writing to the Commission for validation, pursuant to the rules referred to in Rule IV, Section 2 (g) hereof. Appointment to any vacancy shall be only for the unexpired term of the predecessor. Successors to a vacancy shall be considered to have served one term.

(g)  The Commission shall recommend three names for each sector to the Chairperson for consideration based on nominations received from the respective sectors. The Commission shall promulgate rules and guidelines for the selection and approval of sectoral representatives.

(h)  The ex-officio members of the Advisory Board may designate a qualified alternate who shall hold a rank of no less than an Undersecretary. The ex-officio member shall inform the Commission in writing of such designation. cSEDTC

(i)  The sectoral representatives shall receive compensation and other emoluments as may be determined by the Commission upon consultation with the Department of Budget and Management.

(j)  Role of the Chairperson. The Chairperson provides policy direction in accordance with the framework of the national development program of the government.

(k)  Roles and Functions of the Commissioners.

The Commissioners shall be responsible for the development and formulation of policies on climate change. They shall attend regular Commission meetings for the purpose of developing and formulating such policies, plans and strategies, approving the annual Commission budget for presentation to the Department of Budget and Management and Congress, and discussing and resolving issues and matters pertaining to the implementation of the Act. All actions taken by individual Commissioners with regard to concerns and activities relative to the implementation of the Act shall require Commission approval.

SECTION 3. Meetings of the Commission. —

(a) Regular Meetings. The Commission shall convene every first or last Monday of the months of March, June, September, and December, or on some other dates as may be deemed appropriate by the Commission; Provided, That the Commission shall meet at least once every three (3) months.

 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 President may veto any decisions of the Commission within thirty (30) days from receipt of the same.

 The place and time of the meetings shall be determined by the Commission.

 For purposes of the meetings of the Commission, a 'Commission Secretariat' is hereby established, the members of whom shall be designated by the Commission. The Commission Secretariat shall have the following functions and responsibilities:

i. Organize and make all necessary arrangements for Commission meetings;

ii. Prepare minutes of meetings and resolutions; and

iii. Take custody of documents and records of the meetings.

(b) Quorum. For the meetings of the Commission, the presence of three (3) Commissioners shall constitute a quorum. In the absence of a quorum, the Commission shall defer all items on the agenda for the next meeting. In justifiable circumstances, the Commission may conduct business and make decisions even if only two (2) Commissioners are present, and their decisions and actions shall be reviewed either to be confirmed or reversed later when the Commission has a quorum.

(c) Decisions by the Commission. The Commission shall decide on any matter at hand for resolution by a majority vote, provided however that the President may veto any decision of the Commission within thirty (30) days upon the receipt of copy of such decision or resolution. In terms of voting rights, the Commissioners shall each have one vote. The decisions or resolutions of the Commission during its official meetings shall be registered with the Office of the National Administrative Register or published in the official website of the Commission and/or the Official Gazette.

(d) Special Meetings. As may be deemed necessary by the Chairperson, special meetings other than the regular meetings may be convened at a place and time determined by the Commission.

(e) Referendum. The Chairperson may authorize the circulation ad referendum of matters that are of such urgency that the same cannot await the next regular Commission meeting. In such cases, approval of a majority of the members of the Commission shall be sufficient for action; Provided, That matters approved ad referendum shall be submitted to the Commission at its next meeting for confirmation; Provided, further, That such decisions are consistent with Rule IV, Section 3 (c) hereof. SDAaTC

(f) Internal Rules of Procedure. The Commission shall adopt rules of procedure that shall provide for meeting protocols, mechanisms for arriving at decisions, as well as other procedures necessary to carry out the powers and functions as identified in Section 9, as amended, of the Act. The internal rules shall strictly adhere to the principle of collegiality and ensure a consultative, democratic and transparent nature of decision-making. Such rules shall also include the conduct of Commissioners during sessions and the disciplining of members.

(g)  In the conduct of the meetings of the Commission, the Advisory Board and other government agencies, as deemed necessary by the Commission, may be called upon to attend. However, only the Commissioners shall have voting rights in case any decision is subjected to a vote.

SECTION 4. Qualifications, Tenure and Compensation of Commissioners. —

(a)  Commissioners must:

i. Be Filipino citizens;

ii. Be residents of the Philippines;

iii. Be at least thirty (30) years of age at the time of appointment;

iv. Have at least ten (10) years of experience of work on climate change;

v. Be of proven honesty and integrity;

vi. Be experts on climate change by virtue of their educational background, training and experience.

(b)  At least one (1) Commissioner shall be a woman.

(c)  In no case shall the Commissioners come from the same sector. For purposes of this Rule, "sector" shall mean any of the following: government, non-government, business/private sector and academe.

(d)  In no case shall any of the Commissioners appoint representatives to act on their behalf. Commissioners shall not be allowed to designate a proxy on Commission meetings.

(e)  The Commissioners shall hold office for a period of six (6) years and may be reappointed for another term: 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. In such case, the new appointee serving the unexpired portion of the term shall be considered to have held office for one term, and can only be qualified for one (1) consecutive reappointment; 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.

(f)  The Vice Chairperson shall have the rank and privileges of a Department Secretary and shall be a member of the Cabinet. He or she shall be entitled to the corresponding compensation, benefits and other emoluments provided for under existing Civil Service rules and shall be subject to the same disqualifications.

(g)  The Commissioners, other than the Vice-Chairperson, shall have the rank and privileges of a Department Undersecretary. They shall be entitled to the corresponding compensation, benefits and other emoluments provided for under existing Civil Service rules and shall be subject to the same disqualifications.

RULE V

Climate Change Office

SECTION 1. Climate Change Office. — Pursuant to Section 8 of the Act, the Climate Change Office (CCO) shall be the main support unit of the Commission.

(a)  The CCO shall have the following roles and functions:

i. Provide administrative and technical support to the Commission in fulfilling its powers and functions as defined under Rule VI hereof;

ii. Assist the Commission in formulating a National Framework Strategy and the National Climate Change Action Plan (NCCAP); acEHCD

iii. Establish and maintain a system for the implementation, monitoring and evaluation, and review of the NCCAP and LCCAP, and recommend and undertake measures, upon approval thereof by the Commission, for the effective and efficient implementation of the NCCAP and LCCAP;

iv. Submit to the Commission periodic reports on the progress of programs and projects, and on the implementation of policies and plans;

v. Prepare the Annual Report to Congress, which shall be subject to the final approval of the Commission;

vi. Assist partners, especially Local Government Units, in the development of programs and projects on climate change; and

vii. Undertake other activities that are necessary to achieve the foregoing functions or such other activities as may be directed or delegated by the Commission.

(b)  The Commission shall have the sole authority to determine the number of staff and create corresponding positions of the CCO necessary to facilitate the proper implementation of this Act, subject to civil service laws, rules and regulations. The staffing pattern shall be based on the needs of the Commission pursuant to its powers and functions as enunciated in Section 9 of the Act, as amended, particularly in line with the NCCAP. Upon approval of the staffing pattern duly approved by the Commission, the same shall be submitted to the Department of Budget of Management for consideration and approval.

(c)  The Vice Chairperson of the Commission shall concurrently act as the Executive Director of the CCO.

(d)  The officers and employees of the CCO shall be appointed by the Executive Director. Subject to civil service laws, rules and regulations, they shall be appointed based on their expertise and skills necessary to effectively implement the work as may be assigned to them by the Commission.

(e)  Roles and Functions of the Executive Director — In addition to his/her functions as the Vice Chairperson of the Commission, the Executive Director shall, in accordance with law, perform the following duties and responsibilities:

i. Take charge of the administration, direction and supervision of the CCO, ensuring the implementation of Commission resolutions and decisions; and

ii. Perform such other functions as may be assigned by the Commission and/or the Chairperson from time to time.

RULE VI

Powers and Functions of the Commission

SECTION 1. 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. The national government agencies may designate their own Climate Change Unit which shall serve as their focal coordination unit to the CCO on all climate change related concerns;

(b)  Formulate and develop a Framework Strategy on Climate Change upon consultation with government agencies, LGUs, private sector, NGOs and civil society, which will consolidate and institutionalize government initiatives to serve as the basis for a program on climate change planning, research and development, extension, and monitoring of activities, programs and projects on climate change;

(c)  Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change and to ensure coherence among the various plans, programs and budgets among all agencies dealing with climate change issues. The Commission shall also determine the evaluation and monitoring mechanism on the progress of implementation of the strategies as identified in the framework;

(d)  Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities. Towards this purpose, a 'Legislative Liaison Unit' within the CCO is hereby established;

(e)  Recommended to partner agencies and government instrumentalities key adaptation initiatives and 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. The Commission shall coordinate with partner agencies, government instrumentalities and other stakeholders for the inclusion of these investments in the development planning process and take steps that they are implemented; SDHTEC

(f)  Formulate pertinent guidelines for the design of relevant and appropriate climate change-related risk-sharing and risk-transfer instruments. The risk sharing and risk transfer mechanisms shall take into consideration its link with disaster risk reduction and management and provide clear provisions for loss and damage. To this end, the Commission shall facilitate the preparation of the relevant industries for climate change insurance;

(g)  Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation. Pursuant to this rule, the Commission shall promulgate and follow a set of principles, objectives, and process that shall form part of a consultative and coordinative mechanism to guarantee the engagement of a broad range of stakeholders, such as local communities, civil society organizations and local government units, in the development, formulation, monitoring and review of any recommendations to be made by the Commission pertaining to the formulation, implementation, monitoring and review of the Act, the NFSCC, NCCAP, LCCAP, and other policies, programs and action plans on climate change;

(h)  Formulate strategies on mitigating GHG and other anthropogenic causes of climate change and enhance removal by sinks, including fuel efficiency, energy conservation, use of renewable energy, waste management and forest management, among others. The Commission shall promote the appropriate policy environment to encourage GHG mitigation or reduction. Mitigating GHG refers to activities that reduce GHG emissions. The Commission shall ensure that mitigation actions are nationally appropriate, genuinely contribute to sustainable development, and pursued in a manner that is consistent with national interest;

(i)  Coordinate and establish a close partnership with the NDRRMC in order to increase efficiency and effectiveness in reducing the people's vulnerability to climate-related disasters. The Commission, through its representative to the NDRRMC, shall ensure close coordination of policies relating to climate change adaptation and disaster risk reduction and management. Also consistent with the Philippine Disaster Risk Reduction and Management Act of 2010 (Republic Act No. 10121), the Commission and the NDRRMC shall jointly formulate a framework to operationalize climate change adaptation and disaster risk reduction and management (CCA-DRRM) integration;

(j)  In coordination with the DFA, 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. The negotiating positions of the Philippines in the international climate change negotiations shall be developed through a multi-stakeholder and inter-agency process facilitated by the Commission, which shall have the ultimate responsibility of adopting the official positions. The Commission shall act as the National Focal Point for the UNFCCC;

(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 and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities. Towards this end, an 'LGU Coordinative Unit' within the CCO shall be established. The LGUs, in turn, are encouraged to create their climate change focal units up to the barangay level;

(m)  Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable and marginalized communities and areas. Part of capacity building is the information and education campaign that will encourage compliance with various environmental laws;

(n)  Promote and provide technical and financial support to local research and development programs and projects in vulnerable and marginalized communities and areas. The Commission shall formulate a listing of priority sites based on vulnerability assessments;

(o)  Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures. Towards this end, protocols for climate change information dissemination will be formulated by the Commission; AScHCD

(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;

(q)  Pursuant to the transitory provisions under Section 31 of the Act, as amended, the powers and functions of the abolished Presidential Task Force on Climate Change, created under A.O. No. 171, series of 2007:

i. Formulate policies and response strategies related to climate change;

ii. Determine the national information requirements relevant to negotiations for the adoption of a central instrument at the UN Conference for Environment and Development, Brazil (1992);

iii. Establish working groups to monitor and assess local climate change and its environmental and socio-economic impact in coordination with international agencies; and

iv. Designate a focal point to serve as the link between the Philippines and the Secretariats of the United Nations Environmental Programs (UNEP) and the World Meteorological Organization (WMO); and

(r)  Pursuant to the transitory provisions under Section 31 of the Act, as amended, the powers and functions of the abolished Inter-Agency Committee on Climate Change, created under A.O. No. 220, series of 1991:

i. Conduct rapid assessment on the impact of climate change to the Philippine setting, especially on the most vulnerable sectors/areas, like water, agriculture, coastal areas, as well as on the terrestrial and marine ecosystems, among others;

ii. Ensure strict compliance to air emission standards and act with urgency to combat deforestation and environmental degradation as well as apprehend violators;

iii. Undertake/initiate strategic approaches and measures to prevent or reduce greenhouse gas emissions in the Philippines, including fuel efficiency, energy conservation, use of renewable energy, waste management, etc.;

iv. Conduct a massive and comprehensive public information and awareness campaign nationwide to educate the public on the climate change situation and its adverse effects, and mobilize multi-sectoral actions on climate change;

v. Design concrete risk reduction and mitigation measures and adaptation responses, especially to address short-term vulnerabilities, on sectors and areas where climate change will have the greatest impact;

vi. Collaborate with international partners at the bilateral, regional, and multilateral levels to support a global front to stabilize greenhouse gas emissions and institute mitigating and adaptive measures especially for developing countries;

vii. Cause the integration and mainstreaming of climate risk management into the development policies, plans and programs of government; and

viii. Perform such other functions as may be directed by the President.

(s)  Perform such other functions as may be necessary for the effective implementation of the Act, as amended.

SECTION 2. 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 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 campaigns; and

(d)  Conduct of such other activities including, as appropriate, the activities that implement specific and identified programs of the NCCAP and those activities reasonably necessary to carry out the objectives of the Act, as may be defined by the Commission.

RULE VII

Technical Experts

SECTION 1. Panel of Technical Experts. — The Commission shall constitute a national panel of technical experts, herein referred to as 'the Panel,' consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction and management. AcICHD

The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and management, and the enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change.

(a) Qualifications. A member of the Panel must:

i. Be a Filipino citizen. However, in the event that there are no available, willing and qualified Filipino experts, foreign experts may be considered;

ii. Have a proven and credible track record on his/her field of expertise;

iii. Not been proven to have committed plagiarism or convicted of a crime involving moral turpitude;

iv. Be a reputed authority on specific aspects of climate change as it relates to sectors or areas such as:

• Climate Science/Meteorology

• Earth Science/Oceanography

• Natural Science

• Environment/Ecology/Biodiversity

• Energy/Renewable Energy

• Economics

• Social Science

• Health

• Law and Policy

• Disaster Risk Reduction and Management

• Development Planning

• Sustainable Development

• Other relevant or appropriate fields

v. Have a relevant university degree; and

vi. Have peer-reviewed publication.

A minimum of 30% of the Panel shall be women.

(b) Selection Process.

i. Call for nominations. The Commission shall announce a call for nominations by publishing it in a newspaper of general circulation and/or on its website.

ii. Nominations. Any candidate for the Panel shall be nominated by an academic or research institution, civil society organization, or government agency. Nominations must be in the form of a letter addressed to the Commission, together with documents that support the qualification of the nominee. Nominations must be submitted on or before the deadline as indicated in the call for nominations. For civil society organizations or private organizations, only those registered with the Securities and Exchange Commission (SEC) shall be eligible to nominate candidates.

iii. Selection. Based on the foregoing qualifications and submitted credentials, the Commission shall sit in session to select the members of the Panel. Selection into the Panel would require the vote of at least two (2) undergo interviews.

iv. Number. The Commission may decide on the limit to the number of members of the Panel, upon consultation with the Department of Budget and Management (DBM).

v. Appointment. Upon selection into the Panel, the experts so chosen shall be appointed by the Commission as a member of the Panel. The decision of the Commission shall be final.

(c) Tenure. — Upon appointment, each member of the Panel shall serve for two (2) years, and may be subject to reappointment.

(d) Removal. — The Commission, through a manifestation by at least two (2) Commissioners, and with just cause, may recommend the removal of any member of the Panel at any time. Such recommendation shall be submitted to the Commission sitting in its regular meeting for consequent action. Members of the Panel may also be removed for cause, and any violation of law will be grounds for removal from the Panel. Any proven case of plagiarism and conviction for any crime involving moral turpitude shall mean automatic disqualification or removal from the Panel.

(e) Role. — The Panel shall concentrate its activities on the tasks assigned to it by the Commission. The Panel shall assess on a comprehensive, objective, open and transparent basis, the scientific, technical and socio-economic information relevant to understanding the scientific basis of risk of human-induced climate change, its potential impacts, and especially options for adaptation at the national level. TAIaHE

 The reports generated by the Panel should be neutral with respect to policy, although they may need to deal objectively with scientific technical and socio-economic factors relevant to the application of particular policies. The Panel shall provide technical advice to the Commission on matters that pertain to climate science, risk assessment, adaptation and mitigation.

(f) Organization. — The Panel shall be a collegial body with recommendations and resolutions arrived at collectively. The Panel shall have clearly defined and approved mandates and work plans as established by the Commission.

(g) Internal Procedures. — Deliberations by the Panel shall be done through plenary meetings. The meetings shall be jointly presided by a representative from the Panel and one Commissioner.

 The Panel shall adopt internal rules for the conduct of its meetings. In approving, adopting, and accepting scientific views or procedural decisions, the Panel shall exhaust all efforts to reach consensus have been officially adopted by the Commission.

(h) Compensation. — The Commission, upon consultation with the DBM, may set the honoraria for the members of the Panel either on a per-meeting or on a per-month basis, or other arrangements as deemed appropriate.

RULE VIII

Climate Change Framework and Program

SECTION 1. National Strategic Framework and Program on Climate Change. — The Commission shall, within six (6) months from the effectivity of the Act, formulate a National Strategic Framework on Climate Change upon consultation with concerned government agencies, LGUs, private sector, NGOs and civil society. The Framework shall serve as the basis for climate change planning, research and development, extension, and monitoring of activities, programs and projects, and climate financing, to protect vulnerable communities from the adverse effects of climate change.

The Framework shall be formulated based on climate change vulnerabilities, bio-physical profiling and characterization, as socio-economic impact assessments, specific adaptation needs and mitigation potential, and in accordance with international agreements to which the Philippines is a Party. The Framework shall be reviewed every three (3) years, or as may be deemed necessary, in consultation with government agencies, LGUs, private sector, NGOs and civil society. The review of the Framework shall involve a participatory and interactive process.

After the framework has been enacted, the Revised Implementing Rules and Regulations and the staffing pattern of the Climate Change Office can be reviewed, as appropriate, to align it with the framework strategy. The Commission shall have the authority to reorganize the CCO to make it more efficient and effective in the implementation of projects and programs.

SECTION 2. Components of the National Strategic Framework and Program on Climate Change. — The Framework shall include, but not be 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 3. National Climate Change Action Plan. — The Commission shall formulate a National Climate Change Action Plan upon consultation with concerned government agencies, LGUs, private sector, NGOs and civil society in accordance with the Framework within one (1) year after the formulation of the latter. The NCCAP shall include, but not be 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; cDHAES

(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 4. 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 NCCAP.

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. Nongovernmental and People's Organizations, as well as representatives from vulnerable sectors, shall also be consulted.

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, preferably with training and knowledge on climate change or related subjects.

It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their LCCAPs.

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.

The LCCAP need not be a stand-alone plan and can be integrated with any of, but not limited to, the following plans:

(a)  Comprehensive Land and Water Use Plan;

(b)  Local Disaster Risk Reduction and Management Plan;

(c)  Comprehensive Development Plan;

(d)  Annual Investment Plan;

(e)  Annual Operational Plan; and

(f)  Physical Framework Plan.

SECTION 5. 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, social studies, 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 and initiate related activities. The training program shall include socioeconomic, geophysical, policy and other contents 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, through the Development Budget Coordination Committee (DBCC), with the Commission on matters relating to fiscal policies related to climate change; ASEcHI

(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;

(i)  Government financial 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.

(j)  The Commission shall coordinate with the government financial institutions (GFIs) thirty (30) days from the effectivity of this IRR for the formulation of the implementing guidelines for the preferential financial packages for climate change-related projects.

The aforesaid agencies must submit annual progress reports on their compliance to the foregoing not later than the first quarter of the succeeding year.

RULE IX

Coordination with Other Sectors

SECTION 1. Coordination with Various Sectors. — In the formulation of the Framework Strategy and the development and implementation of the NCCAP and the local action plans, the Commission shall consult and coordinate with the nongovernmental organizations, civic organizations, academe, people's organizations, local and indigenous communities, private and corporate sectors and other concerned stakeholder groups.

RULE X

People's Survival Fund

SECTION 1. Creation of the People's Survival Fund. — Pursuant to Section 18 of the Act, as amended, there shall be established a People's Survival Fund (PSF) as a special fund in the National Treasury for the financing of adaptation programs and projects based on the National Strategic Framework on Climate Change (NSFCC).

SECTION 2. Sources of the Fund. — Pursuant to Section 19 of the Act, as amended, the amount of One Billion Pesos (PhP1,000,000,000.00) shall be appropriated under the General Appropriations Act (GAA) as opening balance of the PSF.

SECTION 3. Fund Balance. — Pursuant to Section 19 of the Act, as amended, the following general rules apply:

(a)  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 (PhP1,000,000,000.00);

(b)  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 DBM of the accomplishments of the Commission and other concerned LGUs; and

(c)  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.

SECTION 4. Additional Sources of the Fund. — The PSF may be augmented by donations, endowments, grants and contributions.

SECTION 5. Exemption from Payment of Donor's Tax. — Notwithstanding any provision of existing laws, decrees, executive orders to the contrary, sources arising from Section 4 of this Rule 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.

RULE XI

Organization, Powers and Functions of the People's Survival Fund Board

SECTION 1. The People's Survival Fund Board. — Pursuant to Section 21 of the Act, as amended, there shall be established a People's Survival Fund Board (the PSF Board), which shall be lodged under the Commission and shall be composed of the following: ITAaHc

(a)  Secretary of DOF as Chair;

(b)  Vice-Chairperson of the Commission;

(c)  Secretary of the DBM;

(d)  Director-General of NEDA;

(e)  Secretary of the DILG;

(f)  Chairperson of the PCW;

(g)  One (1) Representative from the academe and scientific community;

(h)  One (1) Representative from the business sector; and

(i)  One (1) Representative from non-governmental organizations.

SECTION 2. Government Representation. — Representatives of government agencies shall be assigned by their respective Secretaries and shall hold a rank of no less than an Undersecretary.

SECTION 3. Limitations of Sectoral Representatives to the PSF Board. — The organizations of the sectoral representatives of the PSF Board are disqualified from accessing the fund during their term, and one year after their tenure in the PSF Board shall have been terminated or completed. Sectoral representatives refer to academe and scientific community, business and NGO as specified under the Act, as amended.

SECTION 4. Designation of Sectoral Representatives to the PSF Board. — The sectoral representatives shall be identified and designated as such by the Commission from a list of nominees submitted by their respective group to the Commission. They shall serve for a term of three (3) years starting from the date of the first PSF Board meeting, without reappointment. Their representation can be withdrawn by the sector they represent. The withdrawal of the appointment of the sectoral representative shall be submitted in writing to the Commission for validation. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

The respective sector shall formulate and carry out their own process of selection and withdrawal. The sectoral representative shall make a regular update of the activities of the Board to their respective sectoral groups or organizations, in a manner that the sector has identified.

The Board shall formulate policies, guidelines and mechanisms to ensure transparency and accountability of the sectoral representatives to their respective sectors.

SECTION 5. Powers and Functions of the PSF Board. — The PSF Board shall have the following powers and functions:

(a)  Promulgate policies that will maintain the fiduciary character of the Board in accordance with best practice standards and existing Philippine rules and regulations;

(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 including but not limited to those that are available to the Philippines by virtue of its status as a Party to the UNFCCC;

(e)  Issue final approval of projects for the use of the Fund. The approval of these projects shall constitute an exemption to the applicability of existing rules for projects that are set to be reviewed by the Investment Coordinating Committee of the NEDA. NEDA shall assist the Commission in establishing the necessary mechanisms, procedures and analytical methodologies to ensure that the projects approved are compliant with existing financial and economic, including social and cultural, standards of Philippine government agencies;

(f)  In accord with existing Philippine practice and procedure, adopt a conflict of interest policy to ensure that Board members will not vote on projects if they have a direct stake therein;

(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 rules and regulations;

(h)  Manage PSF by monitoring the income and expenditure to the Fund and ensuring that the distribution of the monies collected is in accordance with the provisions of the Act, as amended; and

(i)  Establish mechanisms for transparency of Board decision-making processes and operations.

Queries as to the proper interpretation of these Rules pertaining to PSF shall be addressed at the first instance to the PSF Board.

SECTION 6. Interim PSF Board Secretariat. — The Commission shall constitute the interim Secretariat of the PSF Board headed by the Executive Director of the CCO, until such time that a PSF Board Secretariat has been instituted. CHTAIc

The Commission shall enter into partnership with existing appropriate government agencies to facilitate project development, appraisal, monitoring and evaluation of PSF projects.

RULE XII

Operations of the PSF Board

SECTION 1. Operations of the PSF Board. — The PSF Board shall be considered operational once this Revised IRR has been approved and the majority of the members, including all sectoral representatives, have been convened. The PSF Board shall convene at least twice a year, or as often as may be deemed necessary by the PSF Board Chairperson upon recommendation of the CCO.

SECTION 2. Rule-Making. — The PSF Board shall, within six (6) months after the effectivity of this R-IRR, develop and adopt a Manual of Operations which shall be published in accordance with law. The said manual shall provide administrative and operational guidelines on, but not limited to, the following matters:

(a)  The effective administration, custody, development, utilization and disposition of the PSF or parts thereof, including payment of amounts to project proponents;

(b)  Establishment of the necessary procedures, including appropriate controls, for (i) the collection of monies, (ii) the deposits to the special fund accounts in the National Treasury, and (iii) such disbursements as may be authorized from such accounts, as well as (iv) the appropriate accounting, auditing and reporting arrangements, in accordance with the accounting and auditing regulations of the government;

(c)  Optimize the effectiveness of the PSF's coverage; and

(d)  Other matters that, by express or implied provisions of R.A. 9729 and 10174, shall require implementation by appropriate policies, rules and regulations.

SECTION 3. Quorum and Decision-Making. — Unless the Manual of Operations provides for a greater majority, a majority of the number of board members shall constitute a quorum for the transaction of business, and every decision of at least a majority of the members present at a meeting at which there is a quorum shall be valid as an act of the board.

Approval for disbursement under the PSF should be in accordance with the provisions of the Act, as amended, and based on approved project proposals and work programs.

RULE XIII

Utilization of the Fund

SECTION 1. Uses of the Fund. — The PSF shall be used to support adaptation activities of local governments and community organizations consistent with guidelines approved by the PSF Board such as, but not limited to the following:

i. 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;

ii. Improvement of the monitoring of vector-borne diseases triggered by climate change, and in this context improving disease control and prevention;

iii. Forecasting and early warning systems as part of preparedness for climate-related hazards;

iv. 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;

v. Strengthening existing, and where needed, establish regional centers and information networks to support climate change adaptation initiatives and projects;

vi. Serving as a guarantee for risk insurance needs for farmers, agricultural workers and other stakeholders; and

vii. 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 by LGUs.

SECTION 2. Limitation in the Use of the Fund. — The PSF shall not be used to fund personnel services and other operational expenses of the Commission.

SECTION 3. Counterpart Funding. — The PSF shall encourage counterpart funding arrangements among local governments, community organizations, the private sector, and other entities. EATCcI

SECTION 4. Prioritization of Fund Allocation. — The Commission shall formulate a set of prioritization criteria within ninety (90) days from the effectivity of this IRR (in consultation with government agencies, LGUs, private sector, NGOs and CSOs). Criteria shall be based on, but not limited to, the following:

i. Level of risk and vulnerability to climate change;

ii. Participation of affected communities in the design of the project;

iii. Poverty reduction potential;

iv. Cost effectiveness and sustainability of the proposal;

v. Identification of potential co-benefits extending beyond local government unit territory;

vi. Maximization of multi-sectoral or cross-sectoral benefits;

vii. Responsiveness to gender-differentiated vulnerabilities;

viii. Level of compliance with the NFSCC, NCCAP, relevant provisions of the Climate Change Act and related laws, and directives of the Commission; and

ix. Availability of local climate change adaptation action plan.

The criteria can be reviewed and revised periodically to ensure its relevance in consultation with government agencies, LGUs, private sector, NGOs and CSOs.

SECTION 5. Community Participation. — The Commission shall establish, within ninety (90) days from the effectivity of this IRR, a mechanism to ensure transparency and participation of vulnerable and marginalized groups in the adaptation projects to be supported by the fund, enabling community representatives and/or NGO counterparts to participate as observers in the project identification, monitoring and evaluation process of the Commission.

RULE XIV

Rule of the Commission in the Utilization of the PSF

SECTION 1. Climate Change Office. — Pursuant to Section 23 of the Act, as amended, the Climate Change Office or CCO, shall, among others:

(a)  Evaluate and review the project proposals submitted for accessing the PSF;

(b)  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; and

(c)  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.

SECTION 2. Limitation of the Commission. — The Commission shall not be a project implementor but it may take steps, in coordination with the national government agencies concerned, to ensure that the programs are properly implemented.

SECTION 3. Other Responsibilities. — In addition to the functions as provided in Section 9 of the Climate Change Act, as amended, the Commission, in relation to the PSF Board, shall perform the following:

(a)  Develop criteria to prioritize the use of the PSF based on parameters set forth in Rule XIII, Section 4 herein;

(b)  In consultation with the relevant government agencies, civil society groups, the private sector and other stakeholders, formulate mechanisms that ensure transparency and public access to information regarding funding deliberations and decisions; and

(c)  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.

RULE XV

Review and Approval of Proposal and Availment of Funds

SECTION 1. Appropriation. — The PSF shall be deposited and maintained as a Special Fund in the National Treasury for the financing of adaptation programs and projects based on the National Strategic Framework.

SECTION 2. Review and Approval of Project Proposals. — The PSF Board shall formulate and issue a set of guidelines for submission, review and approval of project proposals in accordance with Rule XII hereof.

SECTION 3. Special Budget Request (SBR). — All approved project proposals, duly supported with the Certification of Fund Availability/Balance, shall be submitted by the CCO to DBM for the approval of Special Budget, subject to budgeting law, rules and regulations.

SECTION 4. Fund Recording and Deposit. — Receipts derived from the different sources of the PSF shall be deposited to the National Treasury for the account of the PSF. All deposits thereto shall be properly identified in the Official Receipts (OR) and other financial reports to facilitate the monitoring and control. DHITCc

SECTION 5. Fund Auditing. — All transactions under the PSF shall be subject to all government accounting and auditing rules and regulations.

RULE XVI

Reporting Requirements of PSF

SECTION 1. Reporting by the Commission. — The Commission shall submit to Congress and the DBM a semi-annual physical/narrative and financial report on the utilization of the PSF. The Commission shall include in its Annual Report which it is to be submitted to the President and to both Houses of Congress, not later than March 30 of every year following the effectivity of the Act, or upon the request of the Congressional Oversight Committee, an update on the implementation and utilization of the PSF, decisions of the PSF Board, a progress report on the projects funded therein and recommend legislation, where applicable and necessary.

SECTION 2. Information from Local Governments and Communities. — The PSF Board shall require the local government unit or community awarded funding under the PSF to provide regular reports on the progress of the project and such information as the Board considers appropriate to enable the Board to determine whether the LGU or local community, as the case may be, is complying, and will continue to comply, with the provisions of the Act, as amended, and this R-IRR. Submission of reports must be in accordance with the reportorial requirements under the approved project proposal.

RULE XVII

Funding Allocation for Climate Change

SECTION 1. Pursuant to Section 26 of the Act, as amended, all relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for their climate change programs.

SECTION 2. Uses. — Fund allocations shall be used 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.

RULE XVIII

Joint Congressional Oversight and Annual Report

SECTION 1. Joint Congressional Oversight Committee. — There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of the Act.

SECTION 2. Composition. — 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.

SECTION 3. Oversight Committee Co-Chair. — 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.

SECTION 4. Funding Requirements. — Its funding requirements shall be charged against the appropriations of Congress.

SECTION 5. 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 the Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of the 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.

RULE XIX

Appropriations

SECTION 1. The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be sourced from the President's contingent fund.

Thereafter, the amount necessary to effectively carry out the provisions of the Act shall be included in the annual General Appropriations Act.

RULE XX

Final Provisions

SECTION 1. Implementing Rules and Regulations. — Within ninety (90) days after the approval of the Act, the Commission shall, upon consultation with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations of the Act: Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of the Act. cEaSHC

SECTION 2. 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 the 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 3. Separability Clause. — If for any reason any section or provision of this Revised Implementing Rules and Regulations is declared as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

SECTION 2. n  Repealing Clause. — Administrative Order No. 2010-01 of the Commission is hereby repealed. All laws, ordinances, rules and regulations, and other issuances or parts thereof, which are inconsistent with this Revised Implementing Rules and Regulations are hereby repealed or modified accordingly.

SECTION 3. n  Effectivity. — This Revised Implementing Rules and Regulations 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, IAETDc

(SGD.) H.E. BENIGNO SIMEON C. AQUINO IIIPresident of the Philippines

(SGD.) MARY ANN LUCILLE L. SERINGCommissioner and Vice Chairperson

(SGD.) HEHERSON T. ALVAREZCommissioner

(SGD.) NADEREV M. SAÑOCommissioner

n Note from the Publisher: Copied verbatim from the official copy. Duplication of Section 2.

n Note from the Publisher: Copied verbatim from the official copy. Duplication of Section 3.