Begun and Held in Metro Manila, On Monday, The Twenty-Seventh Day of July, Two Thousand Nine
Begun and Held in Metro Manila, On Monday, The Twenty-Seventh Day of July, Two Thousand Nine
Begun and Held in Metro Manila, On Monday, The Twenty-Seventh Day of July, Two Thousand Nine
seventh day of July, two thousand nine. adopts the ultimate objective of the Convention which is
the stabilization of greenhouse gas concentrations in the
REPUBLIC ACT NO. 9729 atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system which
AN ACT MAINSTREAMING CLIMATE CHANGE INTO should be achieved within a time frame sufficient to allow
GOVERNMENT POLICY FORMULATIONS, ecosystems to adapt naturally to climate change, to
ESTABLISHING THE FRAMEWORK STRATEGY AND ensure that food production is not threatened and to
PROGRAM ON CLIMATE CHANGE, CREATING FOR enable economic development to proceed in a
THIS PURPOSE THE CLIMATE CHANGE sustainable manner.1awphil As a party to the Hyogo
COMMISSION, AND FOR OTHER PURPOSES Framework for Action, the State likewise adopts the
strategic goals in order to build national and local
Be it enacted by the Senate and House of resilience to climate change-related disasters.
Representatives of the Philippines in Congress
assembled: Recognizing the vulnerability of the Philippine
archipelago and its local communities, particularly the
Section 1. Title. – This Act shall be known as poor, women, and children, to potential dangerous
the “Climate Change Act of 2009”. consequences of climate change such as rising seas,
changing landscapes, increasing frequency and/or
Section 2. Declaration of Policy. – It is the policy of the
severity of droughts, fires, floods and storms, climate-
State to afford full protection and the advancement of the
related illnesses and diseases, damage to ecosystems,
right of the people to a healthful ecology in accord with
biodiversity loss that affect the country’s environment,
the rhythm and harmony of nature. In this light, the State
culture, and economy, the State shall cooperate with the
has adopted the Philippine Agenda 21 framework which
global community in the resolution of climate change
espouses sustainable development, to fulfill human
issues, including disaster risk reduction. It shall be the
needs while maintaining the quality of the natural
policy of the State to enjoin the participation of national
environment for current and future generations.
and local governments, businesses, nongovernment
Towards this end, the State adopts the principle of organizations, local communities and the public to
protecting the climate system for the benefit of prevent and reduce the adverse impacts of climate
humankind, on the basis of climate justice or common change and, at the same time, maximize the benefits of
but differentiated responsibilities and the Precautionary climate change. It shall also be the policy of the State to
Principle to guide decision-making in climate risk incorporate a gender-sensitive, pro-children and pro-poor
management. As a party to the United Nations perspective in all climate change and renewable energy
efforts, plans and programs. In view thereof, the State (b) “Adaptive capacity” refers to the ability of
shall strengthen, integrate, consolidate and ecological, social or economic systems to adjust to
institutionalize government initiatives to achieve climate change including climate variability and
coordination in the implementation of plans and extremes, to moderate or offset potential damages
programs to address climate change in the context of and to take advantage of associated opportunities
sustainable development. with changes in climate or to cope with the
consequences thereof.
Further recognizing that climate change and disaster risk
reduction are closely interrelated and effective disaster (c) “Anthropogenic causes” refer to causes
risk reduction will enhance climate change adaptive resulting from human activities or produced by
capacity, the State shall integrate disaster risk reduction human beings.
into climate change programs and initiatives.
(d) “Climate Change” refers to a change in
Cognizant of the need to ensure that national and climate that can be identified by changes in the
subnational government policies, plans, programs and mean and/or variability of its properties and that
projects are founded upon sound environmental persists for an extended period typically decades or
considerations and the principle of sustainable longer, whether due to natural variability or as a
development, it is hereby declared the policy of the State result of human activity.
to systematically integrate the concept of climate change
in various phases of policy formulation, development (e) “Climate Variability” refers to the variations in
plans, poverty reduction strategies and other the average state and in other statistics of the
development tools and techniques by all agencies and climate on all temporal and spatial scales beyond
instrumentalities of the government. that of individual weather events.
Section 3. Definition of Terms. – For purposes of this (f) “Climate Risk” refers to the product of climate
Act, the following shall have the corresponding and related hazards working over the vulnerability
meanings: of human and natural ecosystems.
(a) “Adaptation” refers to the adjustment in (g) “Disaster” refers to a serious disruption of the
natural or human systems in response to actual or functioning of a community or a society involving
expected climatic stimuli or their effects, which widespread human, material, economic or
moderates harm or exploits beneficial environmental losses and impacts which exceed
opportunities. the ability of the affected community or society to
cope using its own resources.
(h) “Disaster risk reduction” refers to the concept carbon dioxide, methane, nitrous oxide,
and practice of reducing disaster risks through hydrofluorocarbons, perfluorocarbons and sulfur
systematic efforts to analyze and manage the hexafluoride.
causal factors of disasters, including through
reduced exposure to hazards, lessened (m) “Mainstreaming” refers to the integration of
vulnerability of people and property, wise policies and measures that address climate change
management of land and the environment, and into development planning and sectoral decision-
improved preparedness for adverse events. making.
(i) “Gender mainstreaming” refers to the strategy (n) “Mitigation” in the context of climate change,
for making women’s as well as men’s concerns and refers to human intervention to address
experiences an integral dimension of the design, anthropogenic emissions by sources and removals
implementation, monitoring, and evaluation of by sinks of all GHG, including ozone- depleting
policies and programs in all political, economic, and substances and their substitutes.
societal spheres so that women and men benefit
equally and inequality is not perpetuated. It is the (o) “Mitigation potential” shall refer to the scale
process of assessing the implications for women of GHG reductions that could be made, relative to
and men of any planned action, including emission baselines, for a given level of carbon
legislation, policies, or programs in all areas and at price (expressed in cost per unit of carbon dioxide
all levels. equivalent emissions avoided or reduced).
(j) “Global Warming” refers to the increase in the (p) “Sea level rise” refers to an increase in sea
average temperature of the Earth’s near-surface air level which may be influenced by factors like global
and oceans that is associated with the increased warming through expansion of sea water as the
concentration of greenhouse gases in the oceans warm and melting of ice over land and local
atmosphere. factors such as land subsidence.
(k) “Greenhouse effect” refers to the process by (q) “Vulnerability” refers to the degree to which a
which the absorption of infrared radiation by the system is susceptible to, or unable to cope with,
atmosphere warms the Earth. adverse effects of climate change, including
climate variability and extremes. Vulnerability is a
(l) “Greenhouse gases (GHG)” refers to function of the character, magnitude, and rate of
constituents of the atmosphere that contribute to climate change and variation to which a system is
the greenhouse effect including, but not limited to, exposed, its sensitivity, and its adaptive capacity.
Section 4. Creation of the Climate Change (c) Secretary of the Department of Environment
Commission. – There is hereby established a Climate and Natural Resources;
Change Commission, hereinafter referred to as the
Commission. (d) Secretary of the Department of Education;
The Commission shall be an independent and (e) Secretary of the Department of Foreign Affairs;
autonomous body and shall have the same status as that
of a national government agency. It shall be attached to (f) Secretary of the Department of Health;
the Office of the President.
(g) Secretary of the Department of the Interior and
The Commission shall be the sole policy-making body of Local Government;
the government which shall be tasked to coordinate,
monitor and evaluate the programs and action plans of (h) Secretary of the Department of National
the government relating to climate change pursuant to Defense, in his capacity as Chair of the National
the provisions of this Act. Disaster Coordinating Council;
The Commission shall be organized within sixty (60) (i) Secretary of the Department of Public Works
days from the effectivity of this Act. and Highways;
Section 5. Composition of the Commission. – The (j) Secretary of the Department of Science and
Commission shall be composed of the President of the Technology;
Republic of the Philippines who shall serve as the
(k) Secretary of the Department of Social Welfare
Chairperson, and three (3) Commissioners to be
and Development;
appointed by the President, one of whom shall serve as
the Vice Chairperson of the Commission. (l) Secretary of the Department of Trade and
Industry;
The Commission shall have an advisory board
composed of the following: (m) Secretary of the Department of Transportation
and Communications;
(a) Secretary of the Department of Agriculture;
(n) Director-General of the National Economic and
(b) Secretary of the Department of Energy;
Development Authority, in his capacity as Chair of
the Philippine Council for Sustainable Only the ex officio members of the advisory board shall
Development; appoint a qualified representative who shall hold a rank
of no less than an Undersecretary.
(o) Director-General of the National Security
Council; Section 6. Meetings of the Commission. – The
Commission shall meet once every three (3) months, or
(p) Chairperson of the National Commission on the as often as may be deemed necessary by the
Role of Filipino Women; Chairperson. The Chairperson may likewise call upon
other government agencies for the proper
(q) President of the League of Provinces; implementation of this Act.
(r) President of the League of Cities; Section 7. Qualifications, Tenure, Compensation of
Commissioners. – The Commissioners must be Filipino
(s) President of the League of Municipalities; citizens, residents of the Philippines, at least thirty (30)
years of age at the time of appointment, with at least ten
(t) President of the Liga ng mga Barangay;
(10) years of experience on climate change and of
(u) Representative from the academe; proven honesty and ntegrity. The Commissioners shall
be experts in climate change by virtue of their
(v) Representative from the business sector; and educational background, training and experience:
Provided, That at least one (1) Commissioner shall be
(w) Representative from nongovernmental female: Provided, further, That in no case shall the
organizations. Commissioners come from the same sector: Provided,
finally, That in no case shall any of the Commissioners
At least one (1) of the sectoral representatives shall appoint representatives to act on their behalf.
come from the disaster risk reduction community.
The Commissioners shall hold office for a period of six
The representatives shall be appointed by the President (6) years, and may be subjected to reappointment:
from a list of nominees submitted by their respective Provided, That no person shall serve for more than two
groups. They shall serve for a term of six (6) years (2) consecutive terms: Provided, further, That in case of
without reappointment unless their representation is a vacancy, the new appointee shall fully meet the
withdrawn by the sector they represent. Appointment to qualifications of a Commissioner and shall hold office for
any vacancy shall be only for the unexpired term of the the unexpired portion of the term only: Provided, finally,
predecessor.
That in no case shall a Commissioner be designated in a (c) Formulate a Framework Strategy on Climate
temporary or acting capacity. Change to serve as the basis for a program for
climate change planning, research and
The Vice Chairperson and the Commissioners shall have development, extension, and monitoring of
the rank and privileges of a Department Secretary and activities on climate change;
Undersecretary, respectively. They shall be entitled to
corresponding compensation and other emoluments and (d) Exercise policy coordination to ensure the
shall be subject to the same disqualifications. attainment of goals set in the framework strategy
and program on climate change;
Section 8. Climate Change Office. – There is hereby
created a Climate Change Office that shall assist the (e) Recommend legislation, policies, strategies,
Commission. It shall be headed by a Vice Chairperson of programs on and appropriations for climate change
the Commission who shall act as the Executive Director adaptation and mitigation and other related
of the Office. The Commission shall have the authority to activities;
determine the number of staff and create corresponding
positions necessary to facilitate the proper (f) Recommend key development investments in
implementation of this Act, subject to civil service laws, climate- sensitive sectors such as water resources,
rules and regulations. The officers and employees of the agriculture, forestry, coastal and marine resources,
Commission shall be appointed by the Executive health, and infrastructure to ensure the
Director. achievement of national sustainable development
goals;
Section 9. Powers and Functions of the Commission. –
The Commission shall have the following powers and (g) Create an enabling environment for the design
functions: of relevant and appropriate risk-sharing and risk-
transfer instruments;
(a) Ensure the mainstreaming of climate change, in
synergy with disaster risk reduction, into the (h) Create an enabling environment that shall
national, sectoral and local development plans and promote broader multi-stakeholder participation
programs; and integrate climate change mitigation and
adaptation;
(b) Coordinate and synchronize climate change
programs of national government agencies; (i) Formulate strategies on mitigating GHG and
other anthropogenic causes of climate change;
(j) Coordinate and establish a close partnership relevant laws and protocols and adaptation and
with the National Disaster Coordinating Council in mitigation measures.
order to increase efficiency and effectiveness in
reducing the people’s vulnerability to climate- Section 10. Panel of Technical Experts. – The
related disasters; Commission shall constitute a national panel of technical
experts consisting of practitioners in disciplines that are
(k) In coordination with the Department of Foreign related to climate change, including disaster risk
Affairs, represent the Philippines in the climate reduction.
change negotiations;
The Panel shall provide technical advice to the
(l) Formulate and update guidelines for determining Commission in climate science, technologies, and best
vulnerability to climate change impacts and practices for risk assessment and enhancement of
adaptation assessments and facilitate the provision adaptive capacity of vulnerable human settlements to
of technical assistance for their implementation and potential impacts of climate change.
monitoring;
The Commission shall set the qualifications and
(m) Coordinate with local government units (LGUs) compensation for the technical experts. It shall provide
and private entities to address vulnerability to resources for the operations and activities of the Panel.
climate change impacts of regions, provinces, cities
and municipalities; Section 11. Framework Strategy and Program on
Climate Change. – The Commission shall, within six (6)
(n) Facilitate capacity building for local adaptation months from the effectivity of this Act, formulate a
planning, implementation and monitoring of climate Framework Strategy on Climate Change. The
change initiatives in vulnerable communities and Framework shall serve as the basis for a program for
areas; climate change planning, research and development,
extension, and monitoring of activities to protect
(o) Promote and provide technical and financial vulnerable communities from the adverse effects of
support to local research and development climate change.
programs and projects in vulnerable communities
and areas; and The Framework shall be formulated based on climate
change vulnerabilities, specific adaptation needs, and
(p) Oversee the dissemination of information on mitigation potential, and in accordance with the
climate change, local vulnerabilities and risks, international agreements.
The Framework shall be reviewed every three (3) years, The National Climate Change Action Plan shall include,
or as may be deemed necessary. but not limited to, the following components:
Section 12. Components of the Framework Strategy and (a) Assessment of the national impact of climate
Program on Climate Change. – The Framework shall change;
include, but not limited to, the following components:
(b) The identification of the most vulnerable
(a) National priorities; communities/areas, including ecosystems to the
impacts of climate change, variability and
(b) Impact, vulnerability and adaptation extremes;
assessments;
(c) The identification of differential impacts of
(c) Policy formulation; climate change on men, women and children;
(d) Compliance with international commitments; (d) The assessment and management of risk and
vulnerability;
(e) Research and development;
(e) The identification of GHG mitigation potentials;
(f) Database development and management; and
(g) Academic programs, capability building and (f) The identification of options, prioritization of
mainstreaming; appropriate adaptation measures for joint projects
of national and local governments.
(h) Advocacy and information dissemination;
Section 14. Local Climate Change Action Plan. – The
(i) Monitoring and evaluation; and LGUs shall be the frontline agencies in the formulation,
planning and implementation of climate change action
(j) Gender mainstreaming.
plans in their respective areas, consistent with the
Section 13. National Climate Change Action Plan. – The provisions of the Local Government Code, the
Commission shall formulate a National Climate Change Framework, and the National Climate Change Action
Action Plan in accordance with the Framework within one Plan.
(1) year after the formulation of the latter.
Barangays shall be directly involved with municipal and
city governments in prioritizing climate change issues
and in identifying and implementing best practices and Section 15. Role of Government Agencies. – To ensure
other solutions. Municipal and city governments shall the effective implementation of the framework strategy
consider climate change adaptation, as one of their and program on climate change, concerned agencies
regular functions. Provincial governments shall provide shall perform the following functions:
technical assistance, enforcement and information
management in support of municipal and city climate (a) The Department of Education (DepED) shall
change action plans. Inter-local government unit integrate climate change into the primary and
collaboration shall be maximized in the conduct of secondary education curricula and/or subjects,
climate- related activities. such as, but not limited to, science, biology, sibika,
history, including textbooks, primers and other
LGUs shall regularly update their respective action plans educational materials, basic climate change
to reflect changing social, economic, and environmental principles and concepts;
conditions and emerging issues. The LGUs shall furnish
the Commission with copies of their action plans and all (b) The Department of the Interior and Local
subsequent amendments, modifications and revisions Government (DILG) and Local Government
thereof, within one (1) month from their adoption. The Academy shall facilitate the development and
LGUs shall mobilize and allocate necessary personnel, provision of a training program for LGUs in climate
resources and logistics to effectively implement their change. The training program shall include
respective action plans. socioeconomic, geophysical, policy, and other
content necessary to address the prevailing and
The local chief executive shall appoint the person forecasted conditions and risks of particular LGUs.
responsible for the formulation and implementation of the It shall likewise focus on women and children,
local action plan. especially in the rural areas, since they are the
most vulnerable;
It shall be the responsibility of the national government to
extend technical and financial assistance to LGUs for the (c) The Department of Environment and Natural
accomplishment of their Local Climate Change Action Resources (DENR) shall oversee the
Plans. establishment and maintenance of a climate
change information management system and
The LGU is hereby expressly authorized to appropriate network, including on climate change risks,
and use the amount from its Internal Revenue Allotment activities and investments, in collaboration with
necessary to implement said local plan effectively, any other concerned national government agencies,
provision in the Local Government Code to the contrary institutions and LGUs;
notwithstanding.
(d) The Department of Foreign Affairs (DFA) shall accept grants, contributions, donations, endowments,
review international agreements related to climate bequests, or gifts in cash, or in kind from local and
change and make the necessary recommendation foreign sources in support of the development and
for ratification and compliance by the government implementation of climate change programs and plans:
on matters pertaining thereto; Provided, That in case of donations from foreign
governments, acceptance thereof shall be subject to
(e) The Philippine Information Agency (PIA) shall prior clearance and approval of the President of the
disseminate information on climate change, local Philippines upon recommendation of the Secretary of
vulnerabilities and risk, relevant laws and protocols Foreign Affairs: Provided, further, That such donations
and adaptation and mitigation measures; and shall not be used to fund personal services expenditures
and other operating expenses of the Commission.
(f) Government financial institutions, shall, any
provision in their respective charters to the contrary The proceeds shall be used to finance:
notwithstanding, provide preferential financial
packages for climate change- related projects. In (a) Research, development, demonstration and
consultation with the Bangko Sentral ng Pilipinas promotion of technologies;
(BSP), they shall, within thirty (30) days from the
effectivity of this Act, issue and promulgate the (b) Conduct of assessment of vulnerabilities to
implementing guidelines therefor. climate change impacts, resource inventory, and
adaptation capability building;
The Commission shall evaluate, recommend the
approval of loans and monitor the use of said funds of (c) Advocacy, networking and communication
LGUs. activities in the conduct of information campaign;
and
Section 16. Coordination with Various Sectors. – In the
development and implementation of the National Climate (d) Conduct of such other activities reasonably
Change Action Plan, and the local action plans, the necessary to carry out the objectives of this Act, as
Commission shall coordinate with the nongovernment may be defined by the Commission.
organizations (NGOs), civic organizations, academe,
people’s organizations, the private and corporate sectors Section 18. Funding Allocation for Climate Change. – All
and other concerned stakeholder groups. relevant government agencies and LGUs shall allocate
from their annual appropriations adequate funds for the
Section 17. Authority to Receive Donations and/or formulation, development and implementation, including
Grants. – The Commission is hereby authorized to training, capacity building and direct intervention, of their
respective climate change programs and plans. It shall submit annual progress reports on the implementation of
also include public awareness campaigns on the effects their respective local action plan to the Commission
of climate change and energy-saving solutions to within the first quarter of the following year.
mitigate these effects, and initiatives, through
educational and training programs and micro-credit Section 21. Appropriations. – The sum of Fifty million
schemes, especially for women in rural areas. In pesos (Php50,000,000.00) is hereby appropriated as
subsequent budget proposals, the concerned offices and initial operating fund in addition to the unutilized fund of
units shall appropriate funds for program/project the Presidential Task Force on Climate Change and the
development and implementation including continuing Office of the Presidential Adviser on Global Warming and
training and education in climate change.1avvphi1 Climate Change. The sum shall be sourced from the
President’s contingent fund.
Section 19. Joint Congressional Oversight Committee. –
There is hereby created a Joint Congressional Oversight Thereafter, the amount necessary to effectively carry out
Committee to monitor the implementation of this Act. The the provisions of this Act shall be included in the annual
Oversight Committee shall be composed of five (5) General Appropriations Act.
Senators and five (5) Representatives to be appointed by
the Senate President and the Speaker of the House of Section 22. Implementing Rules and Regulations. –
Representatives, respectively. The Oversight Committee Within ninety (90) days after the approval of this Act, the
shall be co-chaired by a Senator and a Representative to Commission shall, upon consultation with government
be designated by the Senate President and the Speaker agencies, LGUs, private sector, NGOs and civil society,
of the House of Representatives, respectively. Its funding promulgate the implementing rules and regulations of
requirement shall be charged against the appropriations this Act: Provided, That failure to issue rules and
of Congress. regulations shall not in any manner affect the executory
nature of the provisions of this Act.
Section 20. Annual Report. – The Commission shall
submit to the President and to both Houses of Congress, Section 23. Transitory Provisions. – Upon the
not later than March 30 of every year following the organization of the Commission, the Presidential Task
effectivity of this Act, or upon the request of the Force on Climate Change created under Administrative
Congressional Oversight Committee, a report giving a Order No. 171 and the Inter-Agency Committee on
detailed account of the status of the implementation of Climate Change created by virtue of Administrative Order
this Act, a progress report on the implementation of the No. 220, shall be abolished: Provided, That their powers
National Climate Change Action Plan and recommend and functions shall be absorbed by the Commission:
legislation, where applicable and necessary. LGUs shall 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 this 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.
Approved,