Forest Cover Maps
2002 Forest cover maps developed by Environmental Science for Social Change (ESSC) are available for download in their site: http://essc.org.ph/| Implementing Rules and Regulations of the Climate Change Act of 2009 (RA 9729) |
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| Thursday, 11 February 2010 02:20 |
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MALACAÑAN PALACE Administrative Order MANILA Climate Change Commission No. 2010 – 01 January _____ , 2010 SUBJECT : IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 9729 Pursuant to the provisions of Section 22 of Republic Act 9729, otherwise known as the “Climate Change Act of 2009,” the Climate Change Commission hereby adopts and promulgates the following rules and regulations: PART I GENERAL PROVISIONS RULE I PRELIMINARY PROVISIONS Section 1. Title. – These rules shall be known and cited as the “Implementing Rules and Regulations (IRR) of the “Climate Change Act of 2009”. RULE II DECLARATION OF POLICY 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.
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 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; PART II THE CLIMATE CHANGE COMMISSION RULE IV 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. 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.
RULE V CLIMATE CHANGE OFFICE 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. RULE VI POWERS AND FUNCTIONS OF THE COMMISSION 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; SEC. 2. Powers related to Policy Review and Evaluation 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. 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. 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. PART III FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE RULE VIII CLIMATE CHANGE FRAMEWORK AND PROGRAM 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; 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; 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. 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; The Commission shall evaluate and recommend the approval of loans and monitor the use by LGUs of the said loans. RULE IX COORDINATION WITH OTHER SECTORS 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. RULE X CLIMATE CHANGE GRANTS AND DONATIONS 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: 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. PART IV FINAL PROVISIONS RULE XI 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. H.E. GLORIA MACAPAGAL ARROYO Chairperson Hon. HEHERSON T. ALVAREZ Vice Chairperson Hon. MARY ANN LUCILLE L. SERING __________________________ Commissioner Commissioner |






