ra 9729 -climate change

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gov.ph http://www.gov.ph/2009/10/23/republic-act-no/ Republic Act No. 9729 REPUBLIC OF THE PHILIPPINES CONGRESS OF THE PHILIPPINES Metro Manila Fourteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine. REPUBLIC ACT NO. 9729 AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Title. – This Act shall be known as the “Climate Change Act of 2009”. Section 2. Declaration of Policy. – It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations. Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. 1awphil As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

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Philippine Climate Change Law

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gov.ph http://www.gov.ph/2009/10/23/republic-act-no/

Republic Act No. 9729

REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

Metro Manila

Fourteenth CongressThird Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT NO. 9729

AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICYFORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ONCLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGECOMMISSION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled:

Section 1. Title. – This Act shall be known as the “Climate Change Act of 2009”.

Section 2. Declaration of Policy. – It is the policy of the State to af ford full protect ion and theadvancement of the right of the people to a healthful ecology in accord with the rhythm andharmony of nature. In this light , the State has adopted the Philippine Agenda 21 frameworkwhich espouses sustainable development, to fulf ill human needs while maintaining the qualityof the natural environment for current and future generat ions.

Towards this end, the State adopts the principle of protect ing the climate system for thebenef it of humankind, on the basis of climate just ice or common but dif ferent iatedresponsibilit ies and the Precaut ionary Principle to guide decision-making in climate riskmanagement. As a party to the United Nat ions Framework Convent ion on Climate Change, theState adopts the ult imate object ive of the Convent ion which is the stabilizat ion of greenhousegas concentrat ions in the atmosphere at a level that would prevent dangerous anthropogenicinterference with the climate system which should be achieved within a t ime frame suff icient toallow ecosystems to adapt naturally to climate change, to ensure that food product ion is notthreatened and to enable economic development to proceed in a sustainable manner.1awphilAs a party to the Hyogo Framework for Act ion, the State likewise adopts the strategic goals inorder to build nat ional and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communit ies, part icularlythe poor, women, and children, to potent ial dangerous consequences of climate change suchas rising seas, changing landscapes, increasing frequency and/or severity of droughts, f ires,f loods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversityloss that af fect the country’s environment, culture, and economy, the State shall cooperatewith the global community in the resolut ion of climate change issues, including disaster riskreduct ion. It shall be the policy of the State to enjoin the part icipat ion of nat ional and localgovernments, businesses, nongovernment organizat ions, local communit ies and the public toprevent and reduce the adverse impacts of climate change and, at the same t ime, maximize thebenef its of climate change. It shall also be the policy of the State to incorporate a gender-sensit ive, pro-children and pro-poor perspect ive in all climate change and renewable energyefforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidateand inst itut ionalize government init iat ives to achieve coordinat ion in the implementat ion ofplans and programs to address climate change in the context of sustainable development.

Further recognizing that climate change and disaster risk reduct ion are closely interrelated andeffect ive disaster risk reduct ion will enhance climate change adapt ive capacity, the State shallintegrate disaster risk reduct ion into climate change programs and init iat ives.

Cognizant of the need to ensure that nat ional and subnat ional government policies, plans,programs and projects are founded upon sound environmental considerat ions and the principleof sustainable development, it is hereby declared the policy of the State to systemat icallyintegrate the concept of climate change in various phases of policy formulat ion, developmentplans, poverty reduct ion strategies and other development tools and techniques by all agenciesand instrumentalit ies of the government.

Section 3. Definition of Terms. – For purposes of this Act, the following shall have thecorresponding meanings:

(a) “Adaptat ion” refers to the adjustment in natural or human systems in response to actualor expected climat ic st imuli or their ef fects, which moderates harm or exploits benef icialopportunit ies.

(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems toadjust to climate change including climate variability and extremes, to moderate or of fsetpotent ial damages and to take advantage of associated opportunit ies with changes in climateor to cope with the consequences thereof.

(c) “Anthropogenic causes” refer to causes result ing f rom human act ivit ies or produced byhuman beings.

(d) “Climate Change” refers to a change in climate that can be ident if ied by changes in themean and/or variability of its propert ies and that persists for an extended period typicallydecades or longer, whether due to natural variability or as a result of human act ivity.

(e) “Climate Variability” refers to the variat ions in the average state and in other stat ist ics ofthe climate on all temporal and spat ial scales beyond that of individual weather events.

(f ) “Climate Risk” refers to the product of climate and related hazards working over thevulnerability of human and natural ecosystems.

(g) “Disaster” refers to a serious disrupt ion of the funct ioning of a community or a societyinvolving widespread human, material, economic or environmental losses and impacts whichexceed the ability of the af fected community or society to cope using its own resources.

(h) “Disaster risk reduction” refers to the concept and pract ice of reducing disaster risksthrough systemat ic ef forts to analyze and manage the causal factors of disasters, includingthrough reduced exposure to hazards, lessened vulnerability of people and property, wisemanagement of land and the environment, and improved preparedness for adverse events.

(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’sconcerns and experiences an integral dimension of the design, implementat ion, monitoring, andevaluat ion of policies and programs in all polit ical, economic, and societal spheres so thatwomen and men benef it equally and inequality is not perpetuated. It is the process of assessingthe implicat ions for women and men of any planned act ion, including legislat ion, policies, orprograms in all areas and at all levels.

(j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air and oceans that is associated with the increased concentrat ion of greenhousegases in the atmosphere.

(k) “Greenhouse effect” refers to the process by which the absorpt ion of infrared radiat ionby the atmosphere warms the Earth.

(l) “Greenhouse gases (GHG)” refers to const ituents of the atmosphere that contribute tothe greenhouse ef fect including, but not limited to, carbon dioxide, methane, nit rous oxide,hydrof luorocarbons, perf luorocarbons and sulfur hexaf luoride.

(m) “Mainstreaming” refers to the integrat ion of policies and measures that address climatechange into development planning and sectoral decision-making.

(n) “Mit igat ion” in the context of climate change, refers to human intervent ion to addressanthropogenic emissions by sources and removals by sinks of all GHG, including ozone-deplet ing substances and their subst itutes.

(o) “Mit igat ion potential” shall refer to the scale of GHG reduct ions that could be made,relat ive to emission baselines, for a given level of carbon price (expressed in cost per unit ofcarbon dioxide equivalent emissions avoided or reduced).

(p) “Sea level rise” refers to an increase in sea level which may be inf luenced by factors likeglobal warming through expansion of sea water as the oceans warm and melt ing of ice over

land and local factors such as land subsidence.

(q) “Vulnerability” refers to the degree to which a system is suscept ible to, or unable to copewith, adverse ef fects of climate change, including climate variability and extremes. Vulnerabilityis a funct ion of the character, magnitude, and rate of climate change and variat ion to which asystem is exposed, its sensit ivity, and its adapt ive capacity.

Section 4. Creation of the Climate Change Commission. – There is hereby established aClimate Change Commission, hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous body and shall have the samestatus as that of a nat ional government agency. It shall be at tached to the Off ice of thePresident.

The Commission shall be the sole policy-making body of the government which shall be taskedto coordinate, monitor and evaluate the programs and act ion plans of the government relat ingto climate change pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days from the ef fect ivity of this Act.

Section 5. Composition of the Commission. – The Commission shall be composed of thePresident 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 ViceChairperson of the Commission.

The Commission shall have an advisory board composed of the following:

(a) Secretary of the Department of Agriculture;

(b) Secretary of the Department of Energy;

(c) Secretary of the Department of Environment and Natural Resources;

(d) Secretary of the Department of Educat ion;

(e) Secretary of the Department of Foreign Affairs;

(f ) Secretary of the Department of Health;

(g) Secretary of the Department of the Interior and Local Government;

(h) Secretary of the Department of Nat ional Defense, in his capacity as Chair of the Nat ionalDisaster Coordinat ing Council;

(i) Secretary of the Department of Public Works and Highways;

(j) Secretary of the Department of Science and Technology;

(k) Secretary of the Department of Social Welfare and Development;

(l) Secretary of the Department of Trade and Industry;

(m) Secretary of the Department of Transportat ion and Communicat ions;

(n) Director-General of the Nat ional Economic and Development Authority, in his capacity asChair of the Philippine Council for Sustainable Development;

(o) Director-General of the Nat ional Security Council;

(p) Chairperson of the Nat ional Commission on the Role of Filipino Women;

(q) President of the League of Provinces;

(r) President of the League of Cit ies;

(s) President of the League of Municipalit ies;

(t ) President of the Liga ng mga Barangay;

(u) Representat ive f rom the academe;

(v) Representat ive f rom the business sector; and

(w) Representat ive f rom nongovernmental organizat ions.

At least one (1) of the sectoral representat ives shall come from the disaster risk reduct ioncommunity.

The representat ives shall be appointed by the President f rom a list of nominees submit ted bytheir respect ive groups. They shall serve for a term of six (6) years without reappointmentunless their representat ion is withdrawn by the sector they represent. Appointment to anyvacancy shall be only for the unexpired term of the predecessor.

Only the ex of f icio members of the advisory board shall appoint a qualif ied representat ive whoshall hold a rank of no less than an Undersecretary.

Section 6. Meetings of the Commission. – The Commission shall meet once every three (3)months, or as of ten as may be deemed necessary by the Chairperson. The Chairperson maylikewise call upon other government agencies for the proper implementat ion of this Act.

Section 7. Qualifications, Tenure, Compensation of Commissioners. – The Commissionersmust be Filipino cit izens, residents of the Philippines, at least thirty (30) years of age at the t imeof appointment, with at least ten (10) years of experience on climate change and of provenhonesty and ntegrity. The Commissioners shall be experts in climate change by virtue of theireducat ional background, t raining and experience: Provided, That at least one (1) Commissionershall be female: Provided, further, That in no case shall the Commissioners come from the

same sector: Provided, f inally, That in no case shall any of the Commissioners appointrepresentat ives to act on their behalf .

The Commissioners shall hold of f ice for a period of six (6) years, and may be subjected toreappointment: Provided, That no person shall serve for more than two (2) consecut ive terms:Provided, further, That in case of a vacancy, the new appointee shall fully meet thequalif icat ions of a Commissioner and shall hold of f ice for the unexpired port ion of the termonly: Provided, f inally, That in no case shall a Commissioner be designated in a temporary oract ing capacity.

The Vice Chairperson and the Commissioners shall have the rank and privileges of aDepartment Secretary and Undersecretary, respect ively. They shall be ent it led to correspondingcompensat ion and other emoluments and shall be subject to the same disqualif icat ions.

Section 8. Climate Change Office. – There is hereby created a Climate Change Off ice that shallassist the Commission. It shall be headed by a Vice Chairperson of the Commission who shallact as the Execut ive Director of the Off ice. The Commission shall have the authority todetermine the number of staf f and create corresponding posit ions necessary to facilitate theproper implementat ion of this Act, subject to civil service laws, rules and regulat ions. Theoff icers and employees of the Commission shall be appointed by the Execut ive Director.

Section 9. Powers and Functions of the Commission. – The Commission shall have thefollowing powers and funct ions:

(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduct ion, into thenat ional, sectoral and local development plans and programs;

(b) Coordinate and synchronize climate change programs of nat ional government agencies;

(c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program forclimate change planning, research and development, extension, and monitoring of act ivit ies onclimate change;

(d) Exercise policy coordinat ion to ensure the at tainment of goals set in the f rameworkstrategy and program on climate change;

(e) Recommend legislat ion, policies, strategies, programs on and appropriat ions for climatechange adaptat ion and mit igat ion and other related act ivit ies;

(f ) Recommend key development investments in climate- sensit ive sectors such as waterresources, agriculture, forestry, coastal and marine resources, health, and infrastructure toensure the achievement of nat ional sustainable development goals;

(g) Create an enabling environment for the design of relevant and appropriate risk-sharing andrisk-transfer instruments;

(h) Create an enabling environment that shall promote broader mult i-stakeholder part icipat ionand integrate climate change mit igat ion and adaptat ion;

(i) Formulate strategies on mit igat ing GHG and other anthropogenic causes of climate change;

(j) Coordinate and establish a close partnership with the Nat ional Disaster Coordinat ing Councilin order to increase ef f iciency and ef fect iveness in reducing the people’s vulnerability toclimate-related disasters;

(k) In coordinat ion with the Department of Foreign Affairs, represent the Philippines in theclimate change negot iat ions;

(l) Formulate and update guidelines for determining vulnerability to climate change impacts andadaptat ion assessments and facilitate the provision of technical assistance for theirimplementat ion and monitoring;

(m) Coordinate with local government units (LGUs) and private ent it ies to address vulnerabilityto climate change impacts of regions, provinces, cit ies and municipalit ies;

(n) Facilitate capacity building for local adaptat ion planning, implementat ion and monitoring ofclimate change init iat ives in vulnerable communit ies and areas;

(o) Promote and provide technical and f inancial support to local research and developmentprograms and projects in vulnerable communit ies and areas; and

(p) Oversee the disseminat ion of informat ion on climate change, local vulnerabilit ies and risks,relevant laws and protocols and adaptat ion and mit igat ion measures.

Section 10. Panel of Technical Experts. – The Commission shall const itute a nat ional panel oftechnical experts consist ing of pract it ioners in disciplines that are related to climate change,including disaster risk reduct ion.

The Panel shall provide technical advice to the Commission in climate science, technologies,and best pract ices for risk assessment and enhancement of adapt ive capacity of vulnerablehuman sett lements to potent ial impacts of climate change.

The Commission shall set the qualif icat ions and compensat ion for the technical experts. It shallprovide resources for the operat ions and act ivit ies of the Panel.

Section 11. Framework Strategy and Program on Climate Change. – The Commission shall,within six (6) months f rom the ef fect ivity of this Act, formulate a Framework Strategy onClimate Change. The Framework shall serve as the basis for a program for climate changeplanning, research and development, extension, and monitoring of act ivit ies to protectvulnerable communit ies f rom the adverse ef fects of climate change.

The Framework shall be formulated based on climate change vulnerabilit ies, specif ic adaptat ionneeds, and mit igat ion potent ial, and in accordance with the internat ional agreements.

The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

Section 12. Components of the Framework Strategy and Program on Climate Change. – TheFramework shall include, but not limited to, the following components:

(a) Nat ional priorit ies;

(b) Impact, vulnerability and adaptat ion assessments;

(c) Policy formulat ion;

(d) Compliance with internat ional commitments;

(e) Research and development;

(f ) Database development and management;

(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and informat ion disseminat ion;

(i) Monitoring and evaluat ion; and

(j) Gender mainstreaming.

Section 13. National Climate Change Action Plan. – The Commission shall formulate aNat ional Climate Change Act ion Plan in accordance with the Framework within one (1) yearaf ter the formulat ion of the lat ter.

The Nat ional Climate Change Act ion Plan shall include, but not limited to, the followingcomponents:

(a) Assessment of the nat ional impact of climate change;

(b) The ident if icat ion of the most vulnerable communit ies/areas, including ecosystems to theimpacts of climate change, variability and extremes;

(c) The ident if icat ion of dif ferent ial impacts of climate change on men, women and children;

(d) The assessment and management of risk and vulnerability;

(e) The ident if icat ion of GHG mit igat ion potent ials; and

(f) The ident if icat ion of opt ions, priorit izat ion of appropriate adaptat ion measures for jointprojects of nat ional and local governments.

Section 14. Local Climate Change Action Plan. – The LGUs shall be the front line agencies inthe formulat ion, planning and implementat ion of climate change act ion plans in their respect ive

areas, consistent with the provisions of the Local Government Code, the Framework, and theNat ional Climate Change Act ion Plan.

Barangays shall be direct ly involved with municipal and city governments in priorit izing climatechange issues and in ident ifying and implement ing best pract ices and other solut ions. Municipaland city governments shall consider climate change adaptat ion, as one of their regularfunct ions. Provincial governments shall provide technical assistance, enforcement andinformat ion management in support of municipal and city climate change act ion plans. Inter-local government unit collaborat ion shall be maximized in the conduct of climate- relatedact ivit ies.

LGUs shall regularly update their respect ive act ion plans to ref lect changing social, economic,and environmental condit ions and emerging issues. The LGUs shall furnish the Commission withcopies of their act ion plans and all subsequent amendments, modif icat ions and revisionsthereof, within one (1) month f rom their adopt ion. The LGUs shall mobilize and allocatenecessary personnel, resources and logist ics to ef fect ively implement their respect ive act ionplans.

The local chief execut ive shall appoint the person responsible for the formulat ion andimplementat ion of the local act ion plan.

It shall be the responsibility of the nat ional government to extend technical and f inancialassistance to LGUs for the accomplishment of their Local Climate Change Act ion Plans.

The LGU is hereby expressly authorized to appropriate and use the amount f rom its InternalRevenue Allotment necessary to implement said local plan ef fect ively, any provision in theLocal Government Code to the contrary notwithstanding.

Section 15. Role of Government Agencies. – To ensure the ef fect ive implementat ion of theframework strategy and program on climate change, concerned agencies shall perform thefollowing funct ions:

(a) The Department of Educat ion (DepED) shall integrate climate change into the primary andsecondary educat ion curricula and/or subjects, such as, but not limited to, science, biology,sibika, history, including textbooks, primers and other educat ional materials, basic climatechange principles and concepts;

(b) The Department of the Interior and Local Government (DILG) and Local GovernmentAcademy shall facilitate the development and provision of a t raining program for LGUs inclimate change. The training program shall include socioeconomic, geophysical, policy, andother content necessary to address the prevailing and forecasted condit ions and risks ofpart icular LGUs. It shall likewise focus on women and children, especially in the rural areas, sincethey are the most vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall oversee the

establishment and maintenance of a climate change informat ion management system andnetwork, including on climate change risks, act ivit ies and investments, in collaborat ion withother concerned nat ional government agencies, inst itut ions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review internat ional agreements related toclimate change and make the necessary recommendat ion for rat if icat ion and compliance by thegovernment on matters pertaining thereto;

(e) The Philippine Informat ion Agency (PIA) shall disseminate informat ion on climate change,local vulnerabilit ies and risk, relevant laws and protocols and adaptat ion and mit igat ionmeasures; and

(f) Government f inancial inst itut ions, shall, any provision in their respect ive charters to thecontrary notwithstanding, provide preferent ial f inancial packages for climate change- relatedprojects. In consultat ion with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30)days from the ef fect ivity of this Act, issue and promulgate the implement ing guidelinestherefor.

The Commission shall evaluate, recommend the approval of loans and monitor the use of saidfunds of LGUs.

Section 16. Coordination with Various Sectors. – In the development and implementat ion ofthe Nat ional Climate Change Act ion Plan, and the local act ion plans, the Commission shallcoordinate with the nongovernment organizat ions (NGOs), civic organizat ions, academe,people’s organizat ions, the private and corporate sectors and other concerned stakeholdergroups.

Section 17. Authority to Receive Donations and/or Grants. – The Commission is herebyauthorized to accept grants, contribut ions, donat ions, endowments, bequests, or gif ts in cash,or in kind from local and foreign sources in support of the development and implementat ion ofclimate change programs and plans: Provided, That in case of donat ions from foreigngovernments, acceptance thereof shall be subject to prior clearance and approval of thePresident of the Philippines upon recommendat ion of the Secretary of Foreign Affairs:Provided, further, That such donat ions shall not be used to fund personal servicesexpenditures and other operat ing expenses of the Commission.

The proceeds shall be used to f inance:

(a) Research, development, demonstrat ion and promot ion of technologies;

(b) Conduct of assessment of vulnerabilit ies to climate change impacts, resource inventory,and adaptat ion capability building;

(c) Advocacy, networking and communicat ion act ivit ies in the conduct of informat ion campaign;and

(d) Conduct of such other act ivit ies reasonably necessary to carry out the object ives of thisAct, as may be def ined by the Commission.

Section 18. Funding Allocation for Climate Change. – All relevant government agencies andLGUs shall allocate f rom their annual appropriat ions adequate funds for the formulat ion,development and implementat ion, including training, capacity building and direct intervent ion, oftheir respect ive climate change programs and plans. It shall also include public awarenesscampaigns on the ef fects of climate change and energy-saving solut ions to mit igate theseeffects, and init iat ives, through educat ional and training programs and micro-credit schemes,especially for women in rural areas. In subsequent budget proposals, the concerned of f ices andunits shall appropriate funds for program/project development and implementat ion includingcont inuing training and educat ion in climate change.1avvphi1

Section 19. Joint Congressional Oversight Committee. – There is hereby created a JointCongressional Oversight Commit tee to monitor the implementat ion of this Act. The OversightCommit tee shall be composed of f ive (5) Senators and f ive (5) Representat ives to beappointed by the Senate President and the Speaker of the House of Representat ives,respect ively. The Oversight Commit tee shall be co-chaired by a Senator and a Representat iveto be designated by the Senate President and the Speaker of the House of Representat ives,respect ively. Its funding requirement shall be charged against the appropriat ions of Congress.

Section 20. Annual Report. – The Commission shall submit to the President and to bothHouses of Congress, not later than March 30 of every year following the ef fect ivity of this Act,or upon the request of the Congressional Oversight Commit tee, a report giving a detailedaccount of the status of the implementat ion of this Act, a progress report on theimplementat ion of the Nat ional Climate Change Act ion Plan and recommend legislat ion, whereapplicable and necessary. LGUs shall submit annual progress reports on the implementat ion oftheir respect ive local act ion plan to the Commission within the f irst quarter of the followingyear.

Section 21. Appropriations. – The sum of Fif ty million pesos (Php50,000,000.00) is herebyappropriated as init ial operat ing fund in addit ion to the unut ilized fund of the President ial TaskForce on Climate Change and the Off ice of the President ial Adviser on Global Warming andClimate Change. The sum shall be sourced from the President ’s cont ingent fund.

Thereafter, the amount necessary to ef fect ively carry out the provisions of this Act shall beincluded in the annual General Appropriat ions Act.

Section 22. Implementing Rules and Regulations. – Within ninety (90) days af ter the approvalof this Act, the Commission shall, upon consultat ion with government agencies, LGUs, privatesector, NGOs and civil society, promulgate the implement ing rules and regulat ions of this Act:Provided, That failure to issue rules and regulat ions shall not in any manner af fect theexecutory nature of the provisions of this Act.

Section 23. Transitory Provisions. – Upon the organizat ion of the Commission, the President ial

Task Force on Climate Change created under Administrat ive Order No. 171 and the Inter-Agency Commit tee on Climate Change created by virtue of Administrat ive Order No. 220, shallbe abolished: Provided, That their powers and funct ions shall be absorbed by the Commission:Provided, further, That the of f icers and employees thereof shall cont inue in a holdover capacityunt il such t ime as the new off icers and employees of the Commission shall have been dulyappointed pursuant to the provisions of this Act. All qualif ied regular or permanent employeeswho may be transferred to the Commission shall not suf fer any loss in seniority or rank ordecrease in emoluments. Any employee who cannot be absorbed by the Commission shall beent it led to a separat ion pay under exist ing ret irement laws.

Section 24. Separability Clause. – If for any reason any sect ion or provision of this Act isdeclared as unconst itut ional or invalid, the other sect ions or provisions hereof shall not beaffected thereby.

Section 25. Repealing Clause. – All laws, ordinances, rules and regulat ions, and otherissuances or parts thereof which are inconsistent with this Act are hereby repealed or modif iedaccordingly.

Section 26. Effectivity. – This Act shall take ef fect f if teen (15) days af ter the complet ion of itspublicat ion in the Off icial Gazette or in at least two (2) nat ional newspapers of generalcirculat ion.

Approved,

Sgd. PROSPERO C. NOGRALES

Speaker of the House of Representat ives

Sgd. JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidat ion of Senate Bill No. 2583 and House Bill No. 5982 was f inallypassed by the Senate and the House of Representat ives on August 25, 2009 and September2, 2009, respect ively.

Sgd. MARILYN B. BARUA-YAP

Secretary GeneralHouse of Representat ives

Sgd. EMMA LIRIO-REYES

Secretary of the Senate

Approved: October 23, 2009

Sgd. GLORIA MACAPAGAL-ARROYO

President of the Philippines