REPUBLIC ACT NO. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR

SECTION 1. Short Title. - This Act shall be known as the “Anti-Torture Act of 2009″.

SEC. 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human rights;
(b) To ensure that the human rights of all persons, including suspects, detainees and prisoners are respected at all times; and that no person placed under investigation or held in custody of any person in authority or, agent of a person authority shall be subjected to physical, psychological or mental harm, force, violence, threat or intimidation or any act that impairs his/her free will or in any manner demeans or degrades human dignity;
(c) To ensure that secret detention places, solitary, incommunicado or other similar forms of detention, where torture may be carried out with impunity, are prohibited; and
(d) To fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as provided for in the 1987 Philippine Constitution; various international instruments to which the Philippines is a State party such as, but not limited to, the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the  Convention on the Elimination of All Forms of Discrimination Against Women (CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other relevant international human rights instruments to which the Philippines is a signatory.

SEC. 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) “Torture” refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or  acquiescence of a person in authority or agent of a person in authority. It does not include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.
(b) “Other cruel, inhuman and degrading treatment or punishment” refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of his Act, inflicted by a person in authority or agent of a person in authority against a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement to the latter.
(c) “Victim’ refers to the person subjected to torture or other cruel, inhuman and degrading treatment or punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture, or other cruel, inhuman and degrading treatment or punishment.
(d) “Order of Battle” refers to any document or determination made by the military, police or any law enforcement agency of the government, listing the names of persons and organizations that it perceives to be enemies of the State and that it considers as legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international law.

SEC. 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:

(1) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit, and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:
(i) The administration of drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and

(b) “Mental/Psychological Torture” refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person’s dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a “show trial”, public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person’s family;
(8) Causing the torture sessions to be witnessed by the person’s family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim’s head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.

SEC. 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age and state of health of the victim.

SEC. 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute Right. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any other public emergency, or a document or any determination comprising an order of battle shall not and can never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.

SEC. 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity are hereby prohibited. In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement agencies concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed.

This list shall be made available to the public at all times, with a copy of the complete list available at the respective national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically updated, by the same agencies, within the first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and other law enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas, and shall make the same available to the public at all times at their respective regional headquarters, and submit a copy, updated in the same manner provided above, to the respective regional offices of the CHR.

SEC. 8. Applicability of the Exclusionary Rule; Exception. - Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or persons accused of committing torture.

SEC. 9. Institutional Protection of Torture Victims and Other Persons Involved. - A victim of torture shall have the following rights in the institution of a criminal complaint for torture:

(a) To have a prompt and an impartial investigation by the CHR and by agencies of government concerned such as the Department of Justice (DOJ), the Public Attorney’s Office (PAO), the PNP, the National Bureau of Investigation (NBI) and the AFP. A prompt investigation shall mean a maximum period of sixty (60) working days from the time a complaint for torture is filed within which an investigation report and/or resolution shall be completed and made available. An appeal whenever available shall be resolved within the same period prescribed herein;
(b) To have sufficient government protection against all forms of harassment; threat and/or intimidation as a consequence of the filing of said complaint or the presentation of evidence therefor. In which case, the State through its appropriate agencies shall afford security in order to ensure his/her safety and all other persons involved in the investigation and prosecution such as, but not limited to, hislher lawyer, witnesses and relatives; and
(c) to be accorded sufficient protection in the manner by which he/she testifies and presents evidence in any fora in order to avoid further trauma.

SEC. 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance with a Judicial 0rder. - A writ of habeas corpus or writ of amparo or writ of habeas data proceeding, if any, filed on behalf of the victim of torture or other cruel, degrading and inhuman treatment or punishment shall be disposed of expeditiously and any order of release by virtue thereof, or other appropriate order of a court relative thereto, shall be executed or complied with immediately.

SEC. 11. Assistance in Filing a Complaint. - The CRR and the PAO shall render legal assistance in the investigation and monitoring and/or filing of the complaint for a person who suffers torture and other cruel, inhuman and degrading treatment or punishment, or for any interested party thereto.

The victim or interested party may also seek legal assistance from the Barangay Human Rights Action Center (BHRAC) nearest him/her as well as from human rights non-government organizations (NGOs).

SEC. 12. Right to Physical, Medical and Psychological Examination. - Before and after interrogation, every person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she shall be provided by the State with a competent and independent doctor to conduct physical examination. The State shall endeavor to provide the victim with psychological evaluation if available under the circumstances. If the person arrested is a female, she shall be attended to preferably by a female doctor. Furthermore, any person arrested, detained or under custodial investigation, including his/her immediate family, shall have the right to immediate access to proper and adequate medical treatment.

The physical examination and/or psychological evaluation of the victim shall be contained in a medical report, duly signed by the attending physician, which shall include in detail his/her medical history and findings, and which shall he attached to the custodial investigation report. Such report shall be considered a public document. Following applicable protocol agreed upon by agencies tasked to conduct physical, psychological and mental examinations, the medical reports shall, among others, include:

(a) The name, age and address of the patient or victim;
(b) The name and address of the nearest kin of the patient or victim;
(c) The name and address of the person who brought the patient or victim for physical, psychological and mental examination, and/or medical treatment;
(d) The nature and probable cause of the patient or victim’s injury, pain and disease and/or trauma;
(e) The approximate time and date when the injury, pain, disease and/or trauma was/were sustained;
(f) The place where the injury, pain, disease and/or trauma was/were sustained;
(g) The time, date and nature of treatment necessary; and
(h) The diagnosis, the prognosis and/or disposition of the patient.

Any person who does not wish to avail of the rights under this provision may knowingly and voluntarily waive such rights in writing, executed in the presence and assistance of his/her counsel.

SEC. 13. Who are Criminally Liable. - Any person who actually participated or induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal. Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.

The immediate commanding officer of the unit concerned .of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manner:

(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery; or
(c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official’s public functions.

SEC. 14. Penalties. –
(a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts:
(1) Torture resulting in the death of any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual abuse and, in consequence of tortuxe, the victim shall have become insane, imbecile, impotent, blind or maimed for life; and
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.
(c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in psychological, mental and emotional harm other than those described in paragraph (b) of this section.
(d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in consequence of torture, the victim shall have lost the power of speech or the power to hear or to smell; or shall have lost an eye, a hand, a foot, an arm or a leg; or shall have lost the use of any such member; Or shall have become permanently incapacitated for labor.
(e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in consequence of torture, the victim shall have become deformed or shall have lost any part of his/her body other than those aforecited, or shall have lost the use thereof, or shall have been ill or incapacitated for labor for a period of more than ninety (90) days.
(f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for more than thirty (30) days but not more than ninety (90) days.
(g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading treatment or punishment as defined in Section 5 of this Act.
(i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain secret detention places and/or effect or cause to effect solitary confinement, incommunicado or other similar forms of prohibited detention as provided in Section 7 of this Act where torture may be carried out with impunity.
(k) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP, the PNP and other law enforcement agencies for failure to perform his/her duty to maintain, submit or make available to the public an updated list of detention centers and facilities with the corresponding data on the prisoners or detainees incarcerated or detained therein, pursuant to Section 7 of this Act.

SEC. 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws.

SEC. 16. Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime of torture, persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures that will have the effect of exempting them from any criminal proceedings and sanctions.

SEC. 17. Applicability of Refouler. - No person shall be expelled, returned or extradited to another State where there are substantial grounds to believe that such person shall be in danger of being subjected to torture. For the purposes of determining whether such grounds exist, the Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the DOJ, in coordination with the Chairperson of the CHR, shall take into account all relevant considerations including, where applicable and not limited to, the existence in the requesting State of a consistent pattern of gross, flagrant or mass violations of human rights.

SEC. 18. Compensation to Victims of Torture. – Any person who has suffered torture shall have the right to claim for compensation as provided for under Republic Act No. 7309; Provided, That in no case shall compensation be any lower than Ten thousand pesos (P10,000.00). Victims of torture shall also have the right to claim for compensation from such other financial relief programs that may be made available to him/her under existing law and rules and regulations.

SEC. 19. Formulation of a Rehabilitation Program. Within one (1) year from the effectivity of this Act, the Department of Social Welfare and Development (DSWD), the DOJ and the Department of Health (DOH) and such other concerned government agencies, and human rights organizations shall formulate a comprehensive rehabilitation program for victims of torture and their families. The DSWD, the DOJ and the DOH shall also call on human rights nongovernment organizations duly recognized by the government to actively participate in the formulation of such program that shall provide for the physical, mental, social, psychological healing and development of victims of torture and their families. Toward the attainment of restorative justice, a parallel rehabilitation program for persons who have committed torture and other cruel, inhuman and degrading punishment shall likewise be formulated by the same agencies.

SEC. 20. Monitoring of Compliance with this Act. – An Oversight Committee is hereby created to periodically oversee the implementation of this Act. The Committee shall be headed by a Commissioner of the CHR, with the following as members: the Chairperson of the Senate Committee on Justice and Human Rights, the respective Chairpersons of the House of Representatives Committees on Justice and Human Rights, and the Minority Leaders of both houses or their respective representatives in the minority.

SEC. 21. Education and Information Campaign. – The CHR, the DOJ, the Department of National Defense (DND), the Department of the Interior and Local Government (DILG) and such other concerned parties in both the public and private sectors shall ensure that education and information regarding prohibition against torture and other cruel, inhuman and degrading treatment or punishment shall be fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. The Department of Education (DepED) and the Commission on Higher Education (CHED) shall also ensure the integration of human rights education courses in all primary, secondary and tertiary level academic institutions nationwide.

SEC. 22. Applicability of the Revised Penal Code. – The provisions of the Revised Penal Code insofar as they are applicable shall be suppletory to this Act. Moreover, if the commission of any crime punishable under Title Eight (Crimes Against Persons) and Title Nine (Crimes Against Personal Liberty and Security) of the Revised Penal Code is attended by any of the acts constituting torture and other cruel, inhuman and degrading treatment or punishment as defined herein, the penalty to be imposed shall be in its maximum period.

SEC. 23. Appropriations. - The amount of Five million pesos (P5,000,000.00) is hereby appropriated to the CHR for the initial implementation of tills Act. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

SEC. 24. Implementing Rules and Regulations. – The DOJ and the CHR, with the active participation of human rights nongovernmental organizations, shall promulgate the rules and regulations for the effective implementation of tills Act. They shall also ensure the full dissemination of such rules and regulations to all officers and members of various law enforcement agencies.

SEC. 25. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the other provisions not affected thereby shall continue to be in full force and effect.

SEC. 26. Repealing Clause. - All laws, decrees, executive orders or rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved, [November 10, 2009]

Section 1. Title. – These rules shall be known and cited as the “Implementing Rules and Regulations (IRR) of the “Climate Change Act of 2009”.

SEC. 1. Declaration of Policy. – It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction.

It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development.

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

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

RULE III
DEFINITION OF TERMS

SEC . 1. Definition of Terms. – For purposes of implementing Republic Act No. 9729 (hereinafter referred to as the “Climate Change Act”), the following shall have the corresponding meanings:

(a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities;
(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof;
(c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human beings;
(d) “Climate Change” refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period, typically decades or longer, whether due to natural variability or as a result of human activity;
(e) “Climate Variability” refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events;
(f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems;
(g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources;
(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events;
(i) “Gender mainstreaming” refers to the strategy for making 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;
(j) “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;
(k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth;
(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride;
(m) “Mainstreaming” refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making;
(n) “Mitigation” in the context of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting substances and their substitutes;
(o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made, relative to emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced);
(p)  “Policy oversight” shall mean that the Commission shall have the authority to issue rules and regulations governing, but not limited to, environmental pollution, clean air act implementation, solid waste management, greenhouse gases, ozone depleting substances, chemical control orders, conservation, land classification, forestry policies and operational plans, mine exploration and production sharing with government as well as financial and technical assistance arrangements, oil exploration and agreements, energy conservation subjects, and may amend, revise, reverse, revoke or modify existing rules, regulations and issuance which are contrary to or inconsistent with the climate change policies provided for under Republic Act 9729.
(q) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global warming, through expansion of sea water as the oceans warm and melting of ice over land, and local factors such as land subsidence; and
(r) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with, the 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.

RULE IV
CREATION, COMPOSITION AND QUALIFICATIONS OF COMMISSIONERS

SEC. 1. Creation of the Climate Change Commission. – There is hereby established a Climate Change Commission, hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency.   It shall be attached to the Office of the President.

The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of the Act.   Pursuant to Section 6 of the Climate Act, it may call upon relevant government agencies to implement and pursue the various provisions of the Climate Act and the programs adopted by the Commission.

The Commission shall be organized based on the organizational structure and framework approved by the President as recommended by the Secretary of Budget and Management.

SEC. 2. Composition of the Commission. – The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission.

The Commission shall have an Advisory Board composed of the following:
(a)    Secretary of the Department of Agriculture (DA);
(b)    Secretary of the Department of Energy (DOE);
(c)    Secretary of the Department of Environment and Natural Resources (DENR);
(d)    Secretary of the Department of Education (DepEd);
(e)    Secretary of the Department of Foreign Affairs (DFA);
(f)    Secretary of the Department of Health (DOH);
(g)    Secretary of the Department of the Interior and Local Government (DILG);
(h)    Secretary of the Department of National Defense (DND), in his capacity as Chair of the National Disaster Coordinating Council (NDCC);
(i)    Secretary of the Department of Public Works and Highways (DPWH);
(j)    Secretary of the Department of Science and Technology (DOST);
(k)    Secretary of the Department of Social Welfare and Development (DSWD);
(l)    Secretary of the Department of Trade and Industry (DTI);
(m)    Secretary of the Department of Transportation and Communications (DOTC);
(n)    Director-General of the National Economic and Development Authority (NEDA), in his capacity as Chair of the Philippine Council for Sustainable Development (PCSD);
(o)    Director-General of the National Security Council (NSC);
(p)    Chairperson of the National Commission on the Role of Filipino Women (NCRFW);
(q)    President of the League of Provinces of the Philippines (LPP);
(r)    President of the League of Cities of the Philippines (LCP);
(s)    President of the League of Municipalities of the Philippines (LMP);
(t)    President of the Liga ng mga Barangay;
(u)    One (1) Representative from the academe;
(v)    One (1) Representative from the business sector; and
(w)    One (1) Representative from nongovernmental organizations.

At least one (1) of the sectoral representatives shall come from the disaster risk reduction community.  The representatives shall be appointed by the President from a list of nominees submitted by their respective groups to the Commission. They shall serve for a term of six (6) years without reappointment 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 the validation and approval, if appropriately validated, of majority of the Advisory Board.   Appointment to any vacancy shall be only for the unexpired term of the predecessor.

Only the ex-officio members of the advisory board shall appoint a qualified representative who shall hold a rank of no less than an Undersecretary.

SEC.  3. Meetings of the Commission. – The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the Chairperson.

SEC. 4. Agency Assistance. – The Chairperson, or in his/her absence, the Vice-Chairperson/Executive Director may likewise call upon other government agencies and their concerned officials for the effective implementation of the provisions of the Act.   

All concerned government offices and officials shall likewise assist the Commission and provide resources to undertake/utilize 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, among others.

All concerned government offices and officials shall assist the Commission and provide resources to undertake/utilize strategic approaches and measures for climate change adaptation in the, but not limited to, most vulnerable sectors/areas like water, agriculture, coastal areas, as well as on the terrestrial and marine ecosystems, among others..Capacity building, continuing and innovative research and development, and technology transfer on climate change adaptation, at both the national and local levels, should be promoted.

SEC.  5. Qualifications, Tenure and Compensation of Commissioners. – The Commissioners must be Filipino citizens and residents of the Philippines, at least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change issues and of proven probity, honesty and integrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf.

The Commissioners shall hold office for a period of six (6) years and may be 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: Provided, finally, That in no case shall a Commissioner be designated in a temporary or acting capacity.

The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation benefits and other emoluments provided for under existing civil service rules and shall be subject to the same disqualifications.

SEC. 6: Role of the Commissioner. – The Vice-Chair as Executive Director of the Commission may assign roles and functions to a Commissioner appropriate with his/her skills and capacities.

SEC. 1. Climate Change Office. – The Climate Change Office created by the Climate Act to assist the Commission shall be headed by the Vice Chairperson of the Commission who shall act as the Executive Director of the Office.  The Commission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of the Act, subject to civil service laws, rules and regulations.

The DBM shall carry out the approved offices, items and positions for the Commission including the national panel of technical experts to be hired by the Commission as provided for under Section 10 of the Climate Act.   

Sec.  2.  Appointment to the Climate Change Office. – The officers and employees of the Climate Change Office shall be appointed by the Vice Chairperson.   The Executive Director shall in accordance with civil service, DBM, COA and government procurement rules and regulations, act as head of the Climate Change Office.  He shall exercise administrative control and supervision over all the offices under it including the authority to discipline officers and employees thereunder.   

SEC . 1. Powers and Functions of the Commission. – The Commission shall have the following powers and functions:

(a)    Ensure the mainstreaming of climate change, in synergy with disaster risk reduction and risk management, into the national, sectoral and local development plans and programs;
(b)    Coordinate and synchronize climate change programs of national government agencies;
(c)    Formulate and develop a Framework Strategy on Climate Change upon consultation with government agencies, LGUs, private sector, NGOs and civil society, and consolidate and institutionalize government initiatives to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities, programs and projects on climate change;
(d)    Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change;
(e)    Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities;
(f)    Recommend key development investments in climate- sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals;
(g)    Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments;
(h)    Create an enabling environment that shall promote broader multi-stakeholder participation, through a massive  and comprehensive public information and awareness campaign nationwide to educate the public on the climate change situation and its adverse effects, and integrate climate change mitigation and adaptation;
(i)    Formulate and undertake strategies on mitigating GHG and other anthropogenic causes of climate change, including fuel efficiency, energy conservation, use of renewable energy, and waste management, among others;
(j)    Coordinate and establish a close partnership with the NDCC in order to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related disasters;
(k)    In coordination with the DFA, represent the Philippines in the climate change negotiations;
(l)    Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring;
(m)     Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities;
(n)    Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas;
(o)    Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas; and
(p)    Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures.
(q)    Perform such other function as may be directed by the President.

SEC.   2.  Powers related to Policy Review and Evaluation
The Commission shall coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities. It shall also encourage business, public and private sector compliance with existing environment, forestry, mining, energy, clean air, solid waste and land use laws, rules and regulations.   

Pursuant to the Climate Act and Administrative Order 171, the Commission shall 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. For this purpose, it shall gather and analyze data from various government agencies and other institutions to ensure that the policies developed and adopted by the Commission, including the National Framework Strategy on Climate Change, is complied with. The Commission may call on government agencies and private institutions to collect and acquire accurate information needed for policy directions on climate change.

Sec. 3. International Negotiations. – The negotiating positions of the Philippines shall be developed through a multi-stakeholder and inter-agency process conducted by the Commission, which shall have the ultimate responsibility of adopting the official positions.
The DFA shall continue to be the official liaison with the UNFCCC Secretariat, and with other international negotiations on climate change.

The Vice-Chair shall, unless the Chair attend the high-level meetings, be the Head of Delegation and Chief Negotiator. The Vice-Chair, may appoint Lead Negotiators for climate change who will assist the Vice-Chair, and in the latter’s absence or inability to attend, designate one of them to represent him.

Sec. 4. Oversight and Policy Supervision. – Pursuant to all the foregoing mandate of the Climate Act, the Climate Change Commission under the Office of the President shall have, policy oversight over the various offices affecting climate change through the concerned member departments of the Advisory Board.  

RULE VII
TECHNICAL EXPERTS

SEC. 1. Panel of Technical Experts. – The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction.
The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and management, and the enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change.
The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and activities of the Panel.  The technical experts shall be hired by the Vice Chairperson, subject to the qualification and compensation set by law.
The Commission may also seek scientific and technical advise and assistance from university and science groups that will address an area of its concern.

SEC. 1. Framework Strategy and Program on Climate Change. – The Commission shall, within six (6) months from the effectivity of the Act, formulate a Framework Strategy on Climate Change upon consultation with concerned government agencies, LGUs, private sector, NGOs and civil society. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities, programs and projects 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.

After the framework has been enacted, the Implementing Rules and Regulations/ Climate Change Office can be reviewed in consultation with government agencies, LGUs, private sector, NGOs and civil society.

SEC. 2. Components of the Framework Strategy 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.

SEC. 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 National Climate Change Action Plan 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;
(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.

SEC. 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 National Climate Change Action Plan. Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities. Non-government 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 Local Climate Change Action Plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.

SEC. 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, biology, sibika, history, including textbooks, primers and other educational materials, basic climate change principles and concepts;
(b)    The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change 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; and
(f)    Government financial institutions (GFIs), shall, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change-related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30) days from the effectivity of the Act, issue and promulgate the implementing guidelines therefore.

The Commission shall evaluate and recommend the approval of loans and monitor the use by LGUs of the said loans.

SEC. 1. Coordination with Various Sectors. – In the formulation of the Framework Strategy and the development and implementation of the National Climate Change Action Plan, and the local action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups.

SEC. 1. Authority to Receive Donations and/or Grants. – The Commission is hereby authorized to accept grants, contributions, donations, endowments, bequests, or gifts in cash or in kind, from local and foreign sources in support of the development and implementation of climate change programs and plans: Provided, That in case of donations from foreign governments, acceptance thereof shall be subject to prior clearance and approval of the President of the Philippines, upon recommendation of the Secretary of Foreign Affairs: Provided, further, That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission.

The proceeds shall be used to finance:
(a)    Research, development, demonstration and promotion of technologies;
(b)    Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and adaptation capability building;
(c)    Advocacy, networking and communication activities in the conduct of information campaign; and
(d)    Conduct of such other activities reasonably necessary to carry out the objectives of this Act, as may be defined by the Commission.

SEC. 2. Funding Allocation for Climate Change. – All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their respective climate change programs and plans. It shall also include public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change.

RULE XI
ANNUAL REPORT AND OTHER PROVISIONS

SEC. 1. Annual Report. – The Commission shall submit to the President and to both Houses of Congress, not later than March 30 of every year following the effectivity of this Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of this Act, a progress report on the implementation of the National Climate Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall submit annual progress reports on the implementation of their respective local action plan to the Commission within the first quarter of the following year.

SEC. 2. Separability Clause. – If for any reason any section or provision of this Act is declared as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

SEC. 3. Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this Implementing Rules and Regulations are hereby repealed or modified accordingly.

SEC. 4. Effectivity. – This Implementing Rules and Regulations shall take effect immediately.