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
 SECTION 1. Title.
– This Act shall be known as the
“Climate Change Act of 2009”.
 SEC . 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.
 SEC . 3. Definition of Terms.
– For purposes of this Act, the
following shall have the corresponding
meanings:
 (a) “Adaptation” refers to the adjustment in
natural or human systems in response to
actual or expected climatic stimuli or their
effects, which moderates harm or exploits
beneficial opportunities.
 (b) “Adaptive capacity” refers to the ability
of ecological, social or economic systems to
adjust to climate change including climate
variability and extremes, to moderate or
offset potential damages and to take
advantage of associated opportunities with
changes in climate or to cope with the
consequences thereof.
 (c) “Anthropogenic causes” refer to
causes resulting from human activities
or produced by human beings.
 (d) “Climate Change” refers to a change in
climate that can be identified by changes in
the mean and/or variability of its properties
and that persists for an extended period
typically decades or longer, whether due to
natural variability or as a result of human
activity.
 (e) “Climate Variability” refers to the
variations in the average state and in other
statistics of the climate on all temporal and
spatial scales beyond that of individual
weather events.
 (f) “Climate Risk” refers to the product of
climate and related hazards working over the
vulnerability of human and natural
ecosystems.
 (g) “Disaster” refers to a serious
disruption of the functioning of a
community or a society involving widespread
human, material, economic or environmental
losses and impacts which exceed the ability
of the affected community or society to
cope using its own resources.
 (h) “Disaster risk reduction” refers to the
concept and practice of reducing disaster
risks through systematic efforts to analyze
and manage the causal factors of disasters,
including through reduced exposure to
hazards, lessened vulnerability of people
and property, wise management of land and
the environment, and improved preparedness
for adverse events.
 (i) “Gender mainstreaming” refers to the
strategy for making women’s as well as men’s
concerns and experiences an integral
dimension of the design, implementation,
monitoring, and evaluation of policies and
programs in all political, economic, and
societal spheres so that women and men
benefit equally and inequality is not
perpetuated. It is the process of assessing
the implications for women and men of any
planned action, including legislation,
policies, or programs in all areas and at all
levels.
 (j) “Global Warming” refers to the increase
in the average temperature of the Earth’s
near-surface air and oceans that is
associated with the increased concentration
of greenhouse gases in the atmosphere.
 (k) “Greenhouse effect” refers to the process
by which the absorption of infrared radiation
by the atmosphere warms the Earth.
 (l) “Greenhouse gases (GHG)” refers to
constituents of the atmosphere that
contribute to the greenhouse effect
including, but not limited to, carbon
dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and
sulfur hexafluoride.
 (m) “Mainstreaming” refers to the integration
of policies and measures that address climate
change into development planning and sectoral
decision-making.
 (n) “Mitigation” in the context of climate
change, refers to human intervention to
address anthropogenic emissions by sources and
removals by sinks of all GHG, including ozone-
depleting substances and their substitutes.
 (o) “Mitigation potential” shall refer to the
scale of GHG reductions that could be made,
relative to emission baselines, for a given
level of carbon price (expressed in cost per
unit of carbon dioxide equivalent emissions
avoided or reduced).
 (p) “Sea level rise” refers to an increase in
sea level which may be influenced by factors
like global warming through expansion of sea
water as the oceans warm and melting of ice
over land and local factors such as land
subsidence.
 (q) “Vulnerability” refers to the degree to
which a system is susceptible to, or unable
to cope with, adverse effects of climate
change, including climate variability and
extremes. Vulnerability is a function of the
character, magnitude, and rate of climate
change and variation to which a system is
exposed, its sensitivity, and its adaptive
capacity.
 SEC . 4. Creation of the Climate
Change Commission.
– There is hereby established a
Climate Change Commission, hereinafter
referred to as the Commission.
 The Commission shall be an independent
and autonomous body and shall have the
same status as that of a national
government agency. It shall be attached
to the Office of the President.
 The Commission shall be the sole policy-
making body of the government which
shall be tasked to coordinate, monitor
and evaluate the programs and action
plans of the government relating to
climate change pursuant to the
provisions of this Act.
 The Commission shall be organized within
sixty (60) days from the effectivity of
this Act.
 SEC . 5. Composition of the Commission.
– The Commission shall be composed of the
President of the Republic of the Philippines
who shall serve as the Chairperson, and three
(3) Commissioners to be appointed by the
President, one of whom shall serve as the Vice
Chairperson of the Commission.
 The Commission shall have an advisory board
composed of the following:
 (a) Secretary of the Department of
Agriculture;
 (b) Secretary of the Department of Energy;
 (c) Secretary of the Department of
Environment and Natural Resources;
 (d) Secretary of the Department of Education;
 (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 National
Defense, in his capacity as Chair of the
National Disaster Coordinating 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
Transportation and Communications;
 (n) Director-General of the National Economic
and Development Authority, in his capacity as
Chair of the Philippine Council for
Sustainable Development;
 (o) Director-General of the National Security
Council;
 (p) Chairperson of the National Commission on
the Role of Filipino Women;
 (q) President of the League of Provinces;
 (r) President of the League of Cities;
 (s) President of the League of
Municipalities;
 (t) President of the Liga ng mga Barangay;
 (u) Representative from the academe;
 (v) Representative from the business sector;
and
 (w) Representative from nongovernmental
organizations.
 SEC . 6. Meetings of the Commission.
– The Commission shall meet once
every three (3) months, or as often as
may be deemed necessary by the
Chairperson. The Chairperson may
likewise call upon other government
agencies for the proper implementation
of this Act.
 SEC . 7. Qualifications, Tenure, Compensation
of Commissioners.
– The Commissioners must be Filipino
citizens, residents of the Philippines, at
least thirty (30) years of age at the time of
appointment, with at least ten (10) years of
experience on climate change and of proven
honesty and ntegrity. The Commissioners shall
be experts in climate change by virtue of
their educational background, training and
experience: Provided, That at least one (1)
Commissioner shall be female: Provided,
further, That in no case shall the
Commissioners come from the same sector:
Provided, finally, That in no case shall any
of the Commissioners appoint representatives
to act on their behalf.
 SEC . 8. Climate Change Office.
– There is hereby created a Climate Change
Office that shall assist the Commission. It
shall be headed by a Vice Chairperson of the
Commission who shall act as the Executive
Director of the Office. The Commission shall
have the authority to determine the number of
staff and create corresponding positions
necessary to facilitate the proper
implementation of this Act, subject to civil
service laws, rules and regulations. The
officers and employees of the Commission shall
be appointed by the Executive Director.
 SEC . 9. Powers and Functions of the
Commission.
– The Commission shall have the
following powers and functions:
 (a) Ensure the mainstreaming of climate
change, in synergy with disaster risk
reduction, into the national, sectoral and
local development plans and programs;
 (b) Coordinate and synchronize climate change
programs of national government agencies;
 (c) Formulate a Framework Strategy on Climate
Change to serve as the basis for a program
for climate change planning, research and
development, extension, and monitoring of
activities on climate change;
 (d) Exercise policy coordination to ensure
the attainment of goals set in the framework
strategy and program on climate change;
 (e) Recommend legislation, policies,
strategies, programs on and appropriations for
climate change adaptation and mitigation and
other related activities;
 (f) Recommend key development investments in
climate- sensitive sectors such as water
resources, agriculture, forestry, coastal and
marine resources, health, and infrastructure
to ensure the achievement of national
sustainable development goals;
 (g) Create an enabling environment for the
design of relevant and appropriate risk-
sharing and risk-transfer instruments;
 (h) Create an enabling environment that shall
promote broader multi-stakeholder
participation and integrate climate change
mitigation and adaptation;
 (i) Formulate strategies on mitigating GHG and
other anthropogenic causes of climate change;
 (j) Coordinate and establish a close
partnership with the National Disaster
Coordinating Council in order to increase
efficiency and effectiveness in reducing the
people’s vulnerability to climate-related
disasters;
 (k) In coordination with the Department of
Foreign Affairs, represent the Philippines in
the climate change negotiations;
 (l) Formulate and update guidelines for
determining vulnerability to climate change
impacts and adaptation assessments and
facilitate the provision of technical
assistance for their implementation and
monitoring;
 (m) Coordinate with local government units
(LGUs) and private entities to address
vulnerability to climate change impacts of
regions, provinces, cities and municipalities;
 (n) Facilitate capacity building for local
adaptation planning, implementation and
monitoring of climate change initiatives in
vulnerable communities and areas;
 (o) Promote and provide technical and
financial support to local research and
development programs and projects in
vulnerable communities and areas; and
 (p) Oversee the dissemination of information
on climate change, local vulnerabilities and
risks, relevant laws and protocols and
adaptation and mitigation measures.
 SEC. 10. Panel of Technical Experts.
– The Commission shall constitute a
national panel of technical experts
consisting of practitioners in
disciplines that are related to
climate change, including disaster
risk reduction.
 SEC. 11. Framework Strategy and Program on
Climate Change.
– The Commission shall, within six (6)
months from the effectivity of this Act,
formulate a Framework Strategy on Climate
Change. The Framework shall serve as the basis
for a program for climate change planning,
research and development, extension, and
monitoring of activities to protect vulnerable
communities from the adverse effects of
climate change.
 SEC . 12. Components of the Framework
Strategy and Program on Climate
Change.
– The Framework shall include, but
not limited to, the following
components:
 (a) National priorities;
 (b) Impact, vulnerability and adaptation
assessments;
 (c) Policy formulation;
 (d) Compliance with international
commitments;
 (e) Research and development;
 (f) Database development and management;
 (g) Academic programs, capability building
and mainstreaming;
 (h) Advocacy and information dissemination;
 (i) Monitoring and evaluation; and
 (j) Gender mainstreaming.
 SEC . 13. National Climate Change
Action Plan .
– The Commission shall formulate a
National Climate Change Action Plan in
accordance with the Framework within
one (1) year after the formulation of
the latter.
 The National Climate Change Action Plan shall
include, but not limited to, the following
components:
 (a) Assessment of the national impact of
climate change;
 (b) The identification of the most vulnerable
communities/areas, including ecosystems to
the impacts of climate change, variability
and extremes;
 (c) The identification of differential
impacts of climate change on men, women and
children;
 (d) The assessment and management of risk and
vulnerability;
 (e) The identification of GHG mitigation
potentials; and
 (f) The identification of options,
prioritization of appropriate adaptation
measures for joint projects of national and
local governments.
 SEC . 14. Local Climate Change Action Plan.
– The LGUs shall be the frontline agencies
in the formulation, planning and
implementation of climate change action plans
in their respective areas, consistent with the
provisions of the Local Government Code, the
Framework, and the National Climate Change
Action Plan.
 Barangays shall be directly involved with
municipal and city governments in
prioritizing climate change issues and in
identifying and implementing best practices
and other solutions. Municipal and city
governments shall consider climate change
adaptation, as one of their regular
functions. Provincial governments shall
provide technical assistance, enforcement and
information management in support of
municipal and city climate change action
plans. Inter-local government unit
collaboration shall be maximized in the
conduct of climate- related activities.
 SEC . 15. Role of Government
Agencies.
– To ensure the effective
implementation of the framework
strategy and program on climate
change, concerned agencies shall
perform the following functions:
 (a) The Department of Education (DepED) shall
integrate climate change into the primary and
secondary education curricula and/or
subjects, such as, but not limited to,
science, biology, sibika, history, including
textbooks, primers and other educational
materials, basic climate change principles
and concepts;
 (b) The Department of the Interior and Local
Government (DILG) and Local Government
Academy shall facilitate the development and
provision of a training program for LGUs in
climate change. The training program shall
include socioeconomic, geophysical, policy,
and other content necessary to address the
prevailing and forecasted conditions and
risks of particular LGUs. It shall likewise
focus on women and children, especially in
the rural areas, since they are the most
vulnerable;
 (c) The Department of Environment and Natural
Resources (DENR) shall oversee the
establishment and maintenance of a climate
change information management system and
network, including on climate change risks,
activities and investments, in collaboration
with other concerned national government
agencies, institutions and LGUs;
 (d) The Department of Foreign Affairs (DFA)
shall review international agreements related
to climate change and make the necessary
recommendation for ratification and
compliance by the government on matters
pertaining thereto;
 (e) The Philippine Information Agency (PIA)
shall disseminate information on climate
change, local vulnerabilities and risk,
relevant laws and protocols and adaptation
and mitigation measures; and
 (f) Government financial institutions, shall,
any provision in their respective charters to
the contrary notwithstanding, provide
preferential financial packages for climate
change- related projects. In consultation
with the Bangko Sentral ng Pilipinas (BSP),
they shall, within thirty (30) days from the
effectivity of this Act, issue and promulgate
the implementing guidelines therefor.
 SEC . 16. Coordination with Various
Sectors.
– In the development and
implementation of the National Climate
Change Action Plan, and the local
action plans, the Commission shall
coordinate with the nongovernment
organizations (NGOs), civic
organizations, academe, people’s
organizations, the private and
corporate sectors and other concerned
stakeholder groups.
 SEC . 17. Authority to Receive Donations
and/or Grants.
– The Commission is hereby authorized to
accept grants, contributions, donations,
endowments, bequests, or gifts in cash, or in
kind from local and foreign sources in support
of the development and implementation of
climate change programs and plans: Provided,
That in case of donations from foreign
governments, acceptance thereof shall be
subject to prior clearance and approval of the
President of the Philippines upon
recommendation of the Secretary of Foreign
Affairs: Provided, further, That such
donations shall not be used to fund personal
services expenditures and other operating
expenses of the Commission.
 (a) Research, development, demonstration and
promotion of technologies;
 (b) Conduct of assessment of vulnerabilities
to climate change impacts, resource
inventory, and adaptation capability
building;
 (c) Advocacy, networking and communication
activities in the conduct of information
campaign; and
 (d) Conduct of such other activities
reasonably necessary to carry out the
objectives of this Act, as may be defined by
the Commission.
 SEC. 18. Funding Allocation for Climate
Change.
– All relevant government agencies and LGUs
shall allocate from their annual
appropriations adequate funds for the
formulation, development and implementation,
including training, capacity building and
direct intervention, of their respective
climate change programs and plans.
 It shall also include public awareness
campaigns on the effects of climate change
and energy-saving solutions to mitigate these
effects, and initiatives, through educational
and training programs and micro-credit
schemes, especially for women in rural areas.
In subsequent budget proposals, the concerned
offices and units shall appropriate funds for
program/project development and
implementation including continuing training
and education in climate change.
 SEC . 19. Joint Congressional Oversight
Committee.
– There is hereby created a Joint
Congressional Oversight Committee to monitor
the implementation of this Act.
The Oversight Committee shall be composed of
five (5) Senators and five (5) Representatives
to be appointed by the Senate President and
the Speaker of the House of Representatives,
respectively. 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. Its funding requirement shall be
charged against the appropriations of
Congress.
 SEC . 20. Annual Report.
– The Commission shall submit to the
President and to both Houses of Congress, not
later than March 30 of every year following
the effectivity of this Act, or upon the
request of the Congressional Oversight
Committee, a report giving a detailed account
of the status of the implementation of this
Act, a progress report on the implementation
of the National Climate Change Action Plan and
recommend legislation, where applicable and
necessary. LGUs shall submit annual progress
reports on the implementation of their
respective local action plan to the Commission
within the first quarter of the following
year.
 SEC . 21. Appropriations.
– The sum of Fifty million pesos
(Php50,000,000.00) 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.
 SEC . 22. Implementing Rules and
Regulations.
– Within ninety (90) days after the
approval of this Act, the Commission
shall, upon consultation with
government agencies, LGUs, private
sector, NGOs and civil society,
promulgate the implementing rules and
regulations of this Act: Provided,
That failure to issue rules and
regulations shall not in any manner
affect the executory nature of the
provisions of this Act
 SEC . 23. Transitory Provisions.
– Upon the organization of the Commission,
the Presidential Task Force on Climate Change
created under Administrative Order No. 171 and
the Inter-Agency Committee on Climate Change
created by virtue of Administrative 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 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.
 SEC. 24. Separability Clause.
– If for any reason any section or
provision of this Act is declared as
unconstitutional or invalid, the other
sections or provisions hereof shall
not be affected thereby.
 SEC . 25. Repealing Clause.
– All laws, ordinances, rules and
regulations, and other issuances or
parts thereof which are inconsistent
with this Act are hereby repealed or
modified accordingly.
 SEC . 26. Effectivity.
– This Act 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.
 This Act which is a consolidation of
Senate Bill No. 2583 and House Bill
No. 5982 was finally passed by the
Senate and the House of
Representatives on August 25, 2009
and September 2, 2009, respectively.