CCC Resolution No. 3 on Revised Implementing Rules and Regulations (R-IRR) of Republic Act No. 9729

MEMORANDUM FROM THE EXECUTIVE SECRETARY TO SUBJECT DATE ASEC. JOYCELINE A. GOCO Acting Deputy Executive Director Climate Change Office CCC RESOLUTION NO. 3 13 November 2015 This refers to CCC Resolution No. 3 entitled "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." Relative thereto, please be informed that the President has signed said Resolution. Attached is a copy of CCC Resolution No. 3 with the President's approval. For your information and appropriate action. ·E. C ·11,~ .~/~ •• 0 - 0~ ¾111 IS S \. ©ffite of tlJe .i}resibent of tbe ~lJilippine.s CLIMATE CHANGE COMMISSION .. , y a + COMMISSION RESOLUTION NO. 3 Qfif& 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 §#Ml 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." RULEil 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 1s 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 nationaJ 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 comm.unities and indigenous peoples, persons with disabilities and elderly, to potential dangerous consequences of climate change such as increasing temperatures, nsmg seas, changing landscapes, increasing frequency and/ or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems and biodiversity Joss 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; (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. ln view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address clirn.ate change in the context of sustainable develop1nent; (h) Further recognizing that climate change and disaster risk reduction and management are closely interrelated and effective disaster risk reduction and Inanagement will enhance adaptive capacity to climate change, clilnate 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 reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government. RULE III DEFINITION OF TERMS Section 1. Defini'tion 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 jn. 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 chang~s in climate or to cope with the consequences thereof. (c) "Anthropogenic causes" - Tefer to causes resulting from human activities or produced by human beings. (d) "Climate change" means a change of clilnate 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 ecosyste1ns. (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, n1aterial, economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources. (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 1nanage1nent 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. (1) "Fiduciary" refers to the person holding the character of a Lrustee, 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 n1en'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 1s 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 an.d 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- makjng. (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 vulnerabilities, specific adaptation needs potential, and is in accordance with agreements. on climate change and mitigation the internationaJ (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 G Fls 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. (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 susceptible to, or unable to cope with, the adverse effects of climate change, including clirnate 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 comrnunities 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, autonon1ous 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 ru1es 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); u. Secretary of the Department of Budget and Management; (DBM} m. Secretary of the Deparlment of Energy (DOE); 1v. Secretary of the Department of Environment and Natura] Resources (DENR); v. Secretary of the Department of Education (DepEd); v1. Secretary of the Department of Finance (DOF); vii. Secretary of the Department of Foreign Affairs (DFA); v111. 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); x1. Secretary of the Department of Public Works and Highways (DPWH); xii. Secretary of the Department of Science and Technology (DOST); xiu. 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); 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 Nalional Youth Commission (NYC); xx. PresidenL of the Sangguniang Kabataan National Federation; xx1. 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) RepreRentative from the academe; xxv1. One (1) Represenlative from lhc 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 implementalion of the Act. ( c) The Role of the Advisory Board are as follows: 1. 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. 11. The Advisory Board shall allend the meetings of the Commission as deemed necessary or when needed. It shall dispense advice in the formulation of policies. 111. The sectoral representatives shall make a regular update of the activities of Lhe 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. Knmvledge and Capacity Development. (e) Pursuant to the mandatory provisions under Section 6 of the Acl, the Commission may call upon other agencies Lo fully ilnplernenl Lhe 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 fro1n 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 wiLhdrawn by the sector they represent. The ,vithdrawal of the appointment of the secloral representative shall be submitted in wnting to the Commission for validation, pursuant lo the rules referred to in Rule TV, 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 m.embers 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. (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. U) Role of the Chairperson. The Chairperson provides policy direction 1n accordance with the framework of the nalional developmenr program of the government. (k) Roles and Functions of Lhe Commissioners. The Commissioners shall be responsible for the development and formulation of policies on clima Le 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 ManagemenL and Congress, and discussing and resolving issues and matters pertaining to the implementation of the Acl. All actions taken by individual Commissioners with regard to concerns and act1v1tles 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 lhe months of March, June, September, and December, or on some other dates as may be deemed appropriate by the Con1n1ission; Provided, That the Commission shall meet at least once every three (3) months. In the event that the Chairperson cannol preside the meeting, Lhe 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 decisjons 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 Corrunission Secretariat shall have the folluwing 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 quorurn. 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 jf 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 quorun1. (c) Decisions by the Commission. The Commission shall decide on any matter at hand for resolution by a majority vote, provided however that the Presjdent may veto any decision of the Commission within thirty (30) days upon the rcceipl of copy or such decision or resol1..1tion. In terms of voting rights, the Commissioners shall each have one vote. The decisions or resolulions of the Commission during its official meetings shall be registered vvith 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 olher 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 nexl 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, Thal such decisions are consistent with Rule IV, Section 3 (c) hereof. (f) Intenial 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 Lo carry out the powers and functions as identified in Section 9, as amended, or 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 lhe 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 Lo a vote. Section 4. Qualifications, Tenure and Compensation of Commissioners. (a) Commissioners must: 1. Be Filipino citizens; 11. Be residents of the Philippines; 111. 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) Co1nmissioner 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 aUowed 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 Co1nmissioner 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, fu.1thennore, That in no case shall a Commissioner be designated in a temporary or acting capacity. Provided, finally, That any Comn1issioner 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 shalJ 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. RULEV 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: 1. Provide administrative and technical support to the Commission in fulfilling its powers and functions as defined under Rule VI hereof; 11. Assist the Commission in formulating a National Framework Strategy and the National Climate Change Aclion Plan (NCCAP); m. 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; 1v. Submit to Lhe Commission periodic reports on the progress of programs and projects, and on the implementation of policies and plans; v. Prepare the Annual Report Lo 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 funclions 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 Comtnission shall concurrently act as the Executive Director of the CCO. (d) The officers and employees of the CCO shaJl 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 lhem by the Com.mission. (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: 1. Take charge of the administration, direction and supervision of the CCO, ensuring the implementation of Commission resolutions and decisions; and 11. Perform such other functions as may be assigned by the Com.nlission and/ or the Chairperson from time to tin1e. RULE VI POWERS AND FUNCTIONS OF THE COMMISSION Section 1. Powers and Functions of the Commission. - The Commission shall have Lhe following powers and functions: (a) Coordinate and synchronize climate change ·progran1s m 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 v.rith government agencies, LGUs, private sector, NGOs and civil society, which will consolidate and institutionalize government initiatives program on climate change planning, to serve as the basis for a research and development, extension, and monitoring o[ activities, programs and projects on climate change; (c) Exercise policy coordination to ensure the attainment of goals set in the frame,vork strategy and program on climate change and lo 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 slrategies 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) Recommend to instrumentalities partner agencies and government key adaptation initiatives and development investments in climate-sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health and infraslructure to ensure the achievement of nalional sustainable development goals. The Commission shall coordinate with parlner agencies, government instrumentalities and other stakeholders for the inclusion of these investments in the development planning process and take steps that they are implemented; (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 relevanl industries for climate change insurance; (g) Create an enabling cnviron111ent that shall promote broader multi­ ::;takeholder participation and integrate climate change miligo.tion 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, i.mplcmentation, 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 nalional 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 represenlalive 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 Managen1enl Act of 2010 (Republic Act No. 10121), the Commission and the NDRRMC shall jointly formulate a framework to operalionalize climate change adaptation and disaster risk reduction and management (CCA-DRRM) integration; U) In coordination with the DFA, represent the Philippines m the climate change negoliations, constitute and lead the Philippine panel of negotiators to the UNFCCC and the formulation of official Philippine positions on climale change negotiation issues, and decision areas in the international negotiation arena. The negotiating positions of the Philippines in the international climate change ncgoliaLions shall be developed through a multi-stakeholder and inter-agency process facilitated by the Commission, which shall have the ulti1nate 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 lhe provision of technical assistance for their implementation and monitoring; (1) Coordinate with local government units and private entities to address vulnerability to climate change impacts of regions, provinces, cities and rnunicipalities. 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 1n 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 arid mitigation measures. Towards this end, protocols for climate change information dissemination will be formulated by the Commission; (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 m 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. 0. No. 171, series of 2007: i. Formulate policies and response strategies related to climate change; 11. 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 1v. 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. 0. No. 220, series of 1991: 1. 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 rn.arine ecosystems, among others; 11. Ensure strict compliance to air emission standards and act with urgency to combat deforestation and environmental degradation as well as apprehend violators; 111. 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; 1v. 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 n1ulti-sectoral actions on climate change; v. Design concrete risk reduction and mitigation measures and Vl. adaptation responses, especially vulnerabilities, on sectors and areas have the greatest in1pact; lo address short-term where climate change v.rjll Collaborate with international partners at the bilaleral, regional, and multilateral levels lo support a global front to stabilize greenhouse gas emissions and institute mitigating and adaptive measures especially for developing countries; v11. Cause the integration and mainstreaming of climate risk management into the development policies, plans and programs of government; and vm. Perform such other functions as may be directed by the President. (s) Perform such other funclions as may be necessary for the effective implementation of lhe 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 donalions 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 olher 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 Lo 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 Com1nission. 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. The Panel shall provide technical advice to the Commission m climate science, technologies, and best practices for risk assessment and management, and the enhancement of adaplive capacity of vulnerable human settlements to potential impacts of climate change. (a) Qualifications. A member of the Panel must: 1. Be a Filipino citizen. However, in the event that there are no available, willing and qualified Filipino experts, foreign experts may be considered; 11. Have a proven and credib]e track record on his/her field of expertise; m. Not been proven to have committed plagiarism or convicted of a crime involving moral turpitude; 1v. Be a repuled auth01ity 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 • Develop1nen l Planning • Sustainable Development 0 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 wmnen. (b) Selection Process. 1. 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. 11. 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 Comnlission, together with documents that support the qualification of the non1inee. 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. iji. Selection. Based on the foregojng 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. 1v. 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 appointmenl, each member of the Panel shall serve for two (2) years, and may be subject lo reappointment. (d) Removal. - The Commission, through a manifestation by at least two (2) Commissioners, and with just cause, may recommend the re1noval 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 al the national level. 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 lo the Commission on matters that pertain to climate science, risk assessmenl, 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) Inlemal 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 ei lher 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 mal<:e 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) hnpact, 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; (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 adaptation measures governments. of options, prioritization of for joint projects of national appropriate and local 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 maxi1nized in the conduct of climale- 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 responsjbi1ity 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 an.ct \~ater 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, hislory, including textbooks, primers and olher 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 clin1.alc 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 condilions and risks of particular LGUs. It shall likewise focus on women and children, especially in lhe 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 syslem and ncrn·ork, including on climale 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 cli1nate change and make the necessary recommendation for ratification and compliance by the government on mauers perlaining thereto; (e) The Philippine information relevant laws measures; Information Agency (PTA) shall disseminate on climate change, local vulnerabilities and risk, and protocols and adaptation and mitigation (f) The Department of Finance (DOF) shall coordinate, through the Development Budget Coordination Committee (DBCC), with the Commission on matters re 1 a ting to fiscal policies related to climate change; (g) The Department of Budget and Management (DBM) shall undertake the formulation of the annua.1 national budgel in a way Lhat 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 Administratjon (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 dala 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 in institutions, except. Bangko Sentral ng Pilipinas (BSP) sh.all, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change- related projects. In consultation vvith the BSP, they shall, within thirty (30) days from the effectivity of this Act, issue and promulgate the implementing guidelines therefor. U) The Commission shall coordinate with the government financial institutions (GFis) thirty (30) days from the effectivity of this IRR for the formulation of Lhe 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 Lhan 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 Lhe 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. RULEX PEOPLE'S SURVIVAL FUND Section 1. Creation of the People's Survival Fund. - Pursuan L 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 (PhP 1,000,000,000.00) shall be appropriated under the General Appropriations Act (GAA) as opening balance of the PSF. Section 3. Fund Balance. - Pursuant Lo Section 19 of the Act, as amended, the following general rules apply: (a) The balance of the PSF from all sources including the amount approprialed in the GAA for the current year shall not be less than One Billion Pesos (PhPl,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 olher concerned LGUs; and (c) The balance of the PSF including the amount appropriated m 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, cndown1ents, 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. - Pursuanl to Section 21 of the Act, as amended, lherc 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: (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) Rep re sen lative from the business sector; and (i) One (1) Reprt>sent;:itive 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 lisl 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 wi Lhdrawal of the appointment of the sectoral representative shall be submitted in wrjting 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 withdrawaJ. 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 accordar1ce 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, unancial 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 m establishing the necessary mechanisms, procedures and analytical methodologies to ensure that the projects approved are compliant with existmg 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 ,vill 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 distiibution of the monies collected is in accordance with the provisions of the Ac, 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 lhe interim Secretariat of the PSF Board headed by the Executive Director of the CCO, until such time that aPSF Board Secretariat has been instituted. The Commission shall enter in to partnership with existing appropriate government agencies to facilitate project development, appraisal, monitoring and evaluation of PSF projecls. 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 1nay 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 regu]ations. Section 3. Quorum and Decision-making. - Unless the Manual of Operations provides for a greater majority, a majority of the number of board members shal1 constitute a quorum for the transaction of business, and every decision of at least a majorjty 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 govem1nents and community organizations consistent with guidelines approved by the PSF Board such as, but not limited to the following: 1. 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; 11. Improvement of the monitoring of vector-borne diseases triggered by climate change, and in this context improving disease control and prevention; m. Forecasting and early warning systems as part of preparedness for climate-related hazards; 1v. Supporting institutional development, for local governments, in partnership with local communities and civil society groups, for preventive rneasures, 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 infonnation 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 progra1ns 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. 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: 1. Level of risk and vulnerability to cli1nate change; 11. Participation of affected commuruties 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; vu. Responsiveness to gender-differentiated vulnerabilities; v111. Level of compliance with the NFSCC, NCCAP, relevant provisions of the Climate Change Act and related laws, and directives of Lhe 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 trar1sparency 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 lhe Commission. RULE XIV ROLE 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 clirnate change Commissioners appointed by the President, recommend approval of project proposals lo the PSF Board based on the policies, guidelines, and safeguards, agreed by the PSF Board; and (c) Utilize the expertise of relevant government agencies 111 its advisory board and the national panel of technical experts in the project appraisal, m.oni.toring 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 in1plemented. 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 XJII, Section 4 herein; (b) In consultation vvith the relevant goven1ment agencies, civil society groups, the private sector and other stakeholders, formulate mechanisms that ensure u-ansparency and public access to in formation regarding funding deliberalions 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 proposals, duly supported Availability/ Balance, shall be approval of Special Budget, regulations. Request (SBR). - All approved project with the Certification of Fund submitted by the CCO to DBM for the subject to budgeting laws, rules and 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 1n the Official Receipts (OR) and other financial reports to facilitate the n1onitoring and control. 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 infom1ation 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) Senalors 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 appropriabons of Congress. Section 5. Annual Report. - The Comm.ission 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, v.rhere 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 (Php 50,000,000.00) 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. RULEXX 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. Section 2. Transitory Provisions. - Upon the organization of the Commission, the Presidential Task Force on Climate Change created under Administrative Order No. 1 71 and the Inter-Agency Committee on Climate Change created by virtue of Adn1inistrative 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. 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. Effect:i.vt-ty. - 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, EON C. AQUINO III President of e Philippines Chairperson of the Climate Change Commission L. SERING ice Chairperson Commissioner Climate Change Commission Resolution No. 3 - Revised Implementing Rules and Regulations of RA No. 9729 Otherwise Known as The Climate Change Act of 7009, as amended by RA 10174