Title
Climate Change Act Amendments and People's Survival Fund
Law
Republic Act No. 10174
Decision Date
Aug 16, 2012
The People's Survival Fund (PSF) is a special fund established in the Philippines to protect the right to a healthful ecology and adopt sustainable development, with the Climate Change Commission coordinating climate change programs and the PSF financing adaptation projects based on the National Strategic Framework on Climate Change.
A

Key Definitions Related to Climate Change

  • Adaptation: adjustments in systems to moderate harm or exploit benefits from climate change.
  • Adaptive Capacity: ability of systems to adjust to climate change, moderate damage, or cope with consequences.
  • Anthropogenic Causes: human-induced causes or activities.
  • Climate Change: identifiable changes in climate properties over decades or longer.
  • Climate Finance: resources allocated for climate adaptation and mitigation.
  • Climate Variability: variations in climate beyond individual weather events.
  • Climate Risk: vulnerability of systems to climate-related hazards.
  • Disaster: serious community disruption exceeding local coping capacity.
  • Disaster Risk Reduction and Management (DRRM): policies and capacities reducing disaster impacts.
  • Gender Mainstreaming: integrating gender concerns in policies and programs to ensure equal benefits.
  • Global Warming: increase in Earth's average temperature linked to greenhouse gas concentration.
  • Greenhouse Effect and Greenhouse Gases: atmospheric warming processes and contributing gases.
  • Mainstreaming: integrating climate change policies into development planning.
  • Mitigation: human actions reducing greenhouse gas emissions and enhancing sinks.
  • Mitigation Potential: scale of achievable emission reductions.
  • Sea Level Rise: increase in sea levels caused by global warming and local factors.
  • Vulnerability: susceptibility of systems to climate change effects based on exposure, sensitivity, and adaptive capacity.

Establishment and Composition of the Climate Change Commission

  • Creation of an independent, autonomous Climate Change Commission with the status of a national agency.
  • Attached to the Office of the President, serving as lead government policymaker on climate change.
  • Tasked with coordinating, monitoring, and evaluating government climate programs and plans.
  • Composition includes the President as Chairperson and three appointed Commissioners including one Vice Chairperson.
  • An advisory board with multiple government secretaries, local government league presidents, civil society representatives, and others to provide guidance.
  • Sectoral representatives appointed by the President from nominated and endorsed candidates, serving six-year terms.

Operations and Governance of the Climate Change Commission

  • Commission meetings convened quarterly or as necessary, chaired by the President or Vice Chairperson.
  • Decisions require a majority vote of Commissioners, with the Chairperson retaining voting rights post-meeting.
  • Commissioners must be at least 30 years old, Filipino citizens, with proven expertise and integrity in climate change.
  • One Commissioner must be female; Commissioners must come from different sectors.
  • Commissioners serve six-year terms with a maximum of two consecutive terms.
  • Commissioners enjoy rank, privileges, and compensation equivalent to high-level government officials.
  • Removal of Commissioners requires due process for cause or incapacity.

Powers, Functions, and Strategic Planning of the Commission

  • Coordination and synchronization of national climate programs.
  • Formulation of a Strategic Framework on Climate Change to guide planning, R&D, and monitoring.
  • Policy coordination to achieve framework goals.
  • Recommend legislation and appropriations for climate adaptation and mitigation.
  • Recommend investments in climate-sensitive sectors like agriculture, health, water, and infrastructure.
  • Promote multi-stakeholder participation and creation of risk-sharing instruments.
  • Coordinate with disaster risk bodies to reduce vulnerabilities.
  • Represent the Philippines in international climate negotiations.
  • Develop guidelines on assessing vulnerabilities and climate adaptation.
  • Collaborate with local governments and private sectors to address regional climate vulnerabilities.
  • Support capacity building and local adaptation planning.
  • Oversee dissemination of climate change information.
  • Establish transparency mechanisms in climate finance administration.

National Strategic Framework and Program on Climate Change

  • The Commission must formulate a National Strategic Framework within six months from law effectivity.
  • Framework guides climate change planning, research, extension, monitoring, and financing.
  • Framework based on vulnerabilities, adaptation needs, mitigation potential, and international commitments.
  • Requires review every three years through participatory processes.
  • Framework components include priorities, assessments, policy formulation, research, database management, capability building, advocacy, monitoring, and gender mainstreaming.

Roles of Government Agencies in Climate Change Implementation

  • Department of Education: integrate climate change into education curricula at all levels.
  • Department of Interior and Local Government: provide LGU capacity building with attention to women and children.
  • Department of Environment and Natural Resources: maintain climate information systems.
  • Department of Foreign Affairs: review and recommend international climate agreements.
  • Philippine Information Agency: disseminate climate-related information and awareness materials.
  • Department of Finance: coordinate fiscal policies related to climate finance.
  • Department of Budget and Management: prioritize and allocate budgets supporting climate initiatives.
  • Department of Science and Technology: promote scientific research, climate data collection, and projections.
  • Government financial institutions (except BSP): provide preferential financing for climate projects.

Coordination and Stakeholder Participation

  • The Commission shall consult and coordinate with NGOs, civic groups, academic institutions, private sector, and other stakeholders in developing climate action plans.

Authority to Receive Donations and Grants

  • The Commission authorized to accept donations, grants, and gifts from local and foreign sources.
  • Foreign donations require Presidential and Finance Department clearance.
  • Donations restricted from funding personal services or operating expenses.
  • Funds channeled to research, vulnerability assessments, advocacy, and other climate change activities as defined by the Commission.

Establishment of the People’s Survival Fund (PSF)

  • A special fund created in the National Treasury dedicated to financing climate adaptation programs.
  • Initial appropriation of Php 1 billion with a guaranteed minimum annual balance.
  • Fund exempt from revert to the general fund and exempt from donor’s tax for contributions.
  • Proceeds used exclusively for adaptation activities, excluding personal and operational costs of the Commission.

Sources and Uses of the People’s Survival Fund

  • Fund sources: annual appropriations, donations, grants, and other contributions.
  • Fund uses include:
    • Adaptation activities in water, land, agriculture, fisheries, health, infrastructure, and ecosystems.
    • Monitoring of climate-related diseases and vector control.
    • Climate hazard forecasting and early warning systems.
    • Institutional development for local governments in climate adaptation.
    • Strengthening regional centers and information networks.
    • Risk insurance guarantees for agricultural stakeholders.
    • Community adaptation support by accredited local organizations.
  • Fund encourages counterpart contributions from various sectors.

Governance of the People’s Survival Fund

  • Creation of the People’s Survival Fund Board composed of key government officials and sector representatives.
  • Board members from academe, business, and NGOs disqualified from accessing the fund during and up to one year after tenure.
  • The Board formulates policies, approves projects, develops safeguards, identifies additional funding, and ensures transparency and independent auditing.

Role of the Climate Change Commission in PSF Utilization

  • The Commission, led by the Vice Chairperson, reviews and recommends project proposals to the Board.
  • Utilizes technical expertise from government agencies and experts for appraisal and monitoring.
  • Does not implement projects directly.
  • Establishes transparency and public access mechanisms.
  • Accredits local organizations eligible to access the fund based on independence, track record, financial management, and participatory practices.

Prioritization and Community Participation in Fund Allocation

  • Project funding prioritization criteria include:
    • Risk and vulnerability level;
    • Community participation;
    • Poverty reduction potential;
    • Cost-effectiveness;
    • Co-benefits beyond LGU jurisdiction;
    • Multi-sectoral benefits;
    • Gender responsiveness;
    • Presence of climate adaptation plans.
  • Encourages transparency and involvement of vulnerable groups and NGOs as observers in project processes.

Miscellaneous Provision

  • Separability clause ensures the unaffected validity of the law’s other sections if any part is declared unconstitutional.
  • Repeals inconsistent laws or regulations.
  • Takes effect 15 days after publication in at least two national newspapers.
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