Title
Supreme Court
Modernization of PAGASA
Law
Republic Act No. 10692
Decision Date
Nov 3, 2015
The Philippine Jurisprudence case examines the PAGASA Modernization Act of 2015, which aims to modernize the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) by upgrading resources, enhancing research capabilities, and integrating disaster risk reduction, with the goal of providing up-to-date weather information to protect the public and promote national progress.

Law Summary

Mandate of PAGASA

  • Provide timely, accurate data and information on atmospheric, astronomical, and weather phenomena.
  • Support government and public preparation for natural calamities such as typhoons, floods, landslides, and climate change.
  • Conduct science-based assessments to aid decision-making in disaster risk reduction, climate adaptation, and water resource management.
  • Ensure compliance with international meteorological and climate change agreements.

Objectives of the PAGASA Modernization Program

  • Upgrade physical resources and operational techniques with state-of-the-art equipment.
  • Enhance research and development through integrated approaches.
  • Incorporate disaster risk reduction, climate adaptation, and water resource management in national and local planning.
  • Strengthen national linkages among users and providers of weather and climate data.
  • Establish regional weather service centers for broader countryside service delivery.
  • Improve technology-based data centers for accessible weather-related information.
  • Promote public education and advocacy on atmospheric hazards and climate change.
  • Facilitate effective communication of weather information to stakeholders.
  • Provide competitive compensation to personnel to foster professionalism.

Organizational Structure

  • PAGASA is an attached agency of the Department of Science and Technology (DOST).
  • Led by an Administrator with Undersecretary rank, appointed by the President upon DOST Secretary recommendation.
  • Assisted by three Deputy Administrators for Operations and Regional Services; Research and Development; and Administration, Finance and Engineering Services.

Qualifications for Leadership

  • Administrator and Deputies must be Filipino citizens and residents with good moral character and proven integrity.
  • Must have advanced degrees in Meteorology or related fields and at least five years of relevant expertise.
  • Positions are to be filled by career executive officers.

Components of Modernization

  • Modernization of physical resources including acquisition and upgrade of weather instruments.
  • Enhancement of research and development focusing on operational improvements and specialized services.
  • Establishment of regional flood forecasting and warning sub-centers.
  • Creation of a centralized technology-based data center meeting international standards.
  • Enhancement of weather data collection and dissemination through accessible, locally understandable methods.
  • Human Resource Development Program including new salary scales, retention incentives, and scholarship programs.
  • Development of cooperative relationships with regional and international entities.

Formulation and Submission of Modernization Program

  • DOST Secretary and PAGASA Administrator, in coordination with DBM and NEDA, to formulate and oversee the program.
  • Program must specify personnel, equipment, facilities, projects, schedules, costs, and priorities.
  • Submission to the President for approval within 90 days from law effectivity.

Period of Implementation

  • Initial program implementation for three years.
  • Multi-year contract obligations payments may extend beyond this period.
  • Continuous modernization and updates to align with global best practices are required.

PAGASA Modernization Fund

  • Fund sourced from P3 billion share of PAGCOR gross income, income from specialized products and services, and loans/grants/donations.
  • Funds used exclusively for capital outlay and modernization projects.
  • Authorized to enter into foreign loan agreements with necessary approvals.
  • Fund administration follows government budget and auditing rules.

Specialized Products and Services and Cost Recovery Program

  • PAGASA may levy fees for specialized weather products/services, especially for aviation, maritime, certifications, and publications.
  • No fees shall be charged for regular and special forecasts and warnings related to national safety.

Progress Reporting

  • Annual progress report on modernization implementation to be submitted to the President and congressional science committees by June 30 of succeeding year.

Appropriations

  • Initial funding charged against current fiscal year appropriations of the DOST-PAGASA.
  • Subsequent funding included in the annual General Appropriations Act.
  • Grants and donations accepted subject to presidential and agency approval.

Implementing Rules and Regulations

  • DOST, PAGASA, and DBM to issue implementing rules within 90 days from law effectivity.

Separability Clause

  • Invalidity of any provision does not affect the remaining provisions which remain in full force.

Repealing Clause

  • Laws and regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity Clause

  • Act takes effect 15 days after publication in at least two national newspapers.

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