RA 9729 — Climate Change Act of 2009
Signed: October 23, 2009 Effective: November 7, 2009 (15 days after publication in the Official Gazette or two national newspapers)
RA 9729 is the Philippine framework law for climate change action. It creates the Climate Change Commission (CCC) as the sole government policy-making body on climate change, mandates the formulation of a National Climate Change Action Plan and Local Climate Change Action Plans, and mainstreams climate change into all government policy-making. In the energy sector, the CCC anchors the Philippines’ Nationally Determined Contribution (NDC) under the Paris Agreement and co-anchors the Low Carbon, Climate-and-Disaster-Resilient (LCCDR) energy framework with DOE.
§2 — Declaration of Policy
- Protect the climate system for the benefit of humankind on the basis of climate justice and the Precautionary Principle
- Fulfill obligations as a party to the United Nations Framework Convention on Climate Change (UNFCCC) — stabilize GHG concentrations at a safe level
- Align with the Hyogo Framework for Action on disaster risk reduction
- Enjoin the participation of national and local governments, businesses, NGOs, and communities to prevent and reduce adverse climate change impacts
- Incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy programs
- Integrate climate change and disaster risk reduction (DRR is the primary delivery mechanism for climate adaptation) [RA 9729, §2, 2009]
§4–8 — Climate Change Commission (CCC)
Establishment (§4)
The Climate Change Commission (CCC) is hereby established as an independent and autonomous body with the same status as a national government agency. It is attached to the Office of the President. It is the sole policy-making body of the government for climate change — responsible for coordinating, monitoring, and evaluating all government climate change programs and action plans. [RA 9729, §4, 2009]
Composition (§5)
| Member | Role |
|---|---|
| President of the Philippines | Chairperson (ex officio) |
| 3 Commissioners (President-appointed) | 1 serves as Vice Chairperson; 6-year terms; max 2 consecutive terms |
Advisory Board (23 members): 12 Cabinet secretaries (Agriculture, Energy, DENR, Education, Foreign Affairs, Health, DILG, DND, DPWH, DOST, DSWD, DTI, Transportation and Communications); DG NEDA (as Chair, Philippine Council for Sustainable Development); DG National Security Council; Chairperson NCRFW; Presidents of League of Provinces, League of Cities, League of Municipalities, Liga ng mga Barangay; Representatives from academe, business, and NGOs. [RA 9729, §5, 2009]
Note: DOE Secretary is an advisory board member — not a policy authority within the CCC itself.
Commissioner Qualifications (§7)
Filipino citizen; at least 30 years old; at least 10 years of experience on climate change; proven honesty and integrity; expert on climate change by education, training, and experience; at least 1 Commissioner must be female; no two Commissioners from the same sector. Rank and privileges equivalent to Undersecretary. [RA 9729, §7, 2009]
Climate Change Office (§8)
Established to assist the Commission, headed by the Vice Chairperson serving as Executive Director. Staff is appointed by the Executive Director, subject to civil service laws. [RA 9729, §8, 2009]
§9 — CCC Powers and Functions
The CCC’s key powers relevant to the energy sector [RA 9729, §9, 2009]:
| Function | Detail |
|---|---|
| Mainstream climate change into policy | Ensure integration into national, sectoral, and local development plans; in synergy with disaster risk reduction |
| Coordinate government programs | Synchronize climate change programs across all national agencies |
| Framework Strategy | Formulate Framework Strategy on Climate Change as the basis for all climate change planning, R&D, and monitoring |
| Recommend legislation and appropriations | Recommend policies, programs, and budget for adaptation, mitigation, and related activities |
| Recommend development investments | Key investments in climate-sensitive sectors (water, agriculture, forestry, coastal/marine, health, infrastructure) |
| Formulate GHG mitigation strategies | Strategies for reducing GHG and other anthropogenic causes |
| International representation | Represent the Philippines in climate change negotiations, in coordination with DFA |
| Vulnerability assessment guidelines | Guidelines for vulnerability assessments and adaptation assessments; technical assistance for implementation |
| LGU coordination | Coordinate with LGUs to address climate vulnerability of regions, provinces, cities, and municipalities |
§10–14 — Framework, Plans, and Local Implementation
Framework Strategy on Climate Change (§11–12)
The CCC must formulate the Framework Strategy on Climate Change within 6 months of effectivity. It is reviewed every 3 years. Components: national priorities; impact/vulnerability/adaptation assessments; policy formulation; UNFCCC compliance; R&D; database development; academic programs; advocacy; monitoring; gender mainstreaming. [RA 9729, §11–12, 2009]
National Climate Change Action Plan (§13)
The NCCAP must be formulated within 1 year of the Framework. It includes: assessment of national climate impact; identification of most vulnerable communities; differential impacts on men, women, and children; risk management; GHG mitigation potentials; adaptation options and priorities. [RA 9729, §13, 2009]
Local Climate Change Action Plans (§14)
LGUs are the frontline agencies for climate change action in their respective areas:
- Barangays are directly involved with municipal and city governments in prioritizing issues
- Provincial governments provide technical assistance, enforcement, and information management
- LGUs must regularly update action plans and submit to CCC within 1 month of adoption
- LGUs may appropriate funds from their Internal Revenue Allotment (IRA) for local action plans, notwithstanding LGC provisions
[RA 9729, §14, 2009]
§15 — Role of Government Agencies
Key agency roles with energy sector relevance [RA 9729, §15, 2009]:
| Agency | Role |
|---|---|
| DepED | Integrate climate change into primary and secondary education curricula |
| DILG + LGA | Facilitate LGU climate change training programs |
| DENR | Establish and maintain a climate change information management system and network |
| DFA | Review international climate agreements and recommend ratification/compliance |
| PIA | Disseminate information on climate change vulnerabilities and mitigation measures |
| Government Financial Institutions (GFIs) | Provide preferential financial packages for climate change-related projects — notwithstanding their charters; BSP consulted within 30 days to issue implementing guidelines |
GFI preferential financing (§15(f)) is the statutory basis for BSP Sustainable Finance Framework regulations and DBP/LBP green lending programs for energy projects. The CCC evaluates and recommends approval of GFI loans to LGUs for climate programs.
§17 — Donations and Grants
The CCC is authorized to accept grants, contributions, donations, and gifts from local and foreign sources for climate change program development. Foreign government donations require prior presidential approval on recommendation of the DFA. Proceeds fund R&D, vulnerability assessments, advocacy, and related activities. [RA 9729, §17, 2009]
§18 — Funding Mandate
All government agencies and LGUs must allocate from their annual appropriations adequate funds for climate change program formulation, development, implementation, training, and capacity building — including public awareness campaigns and energy-saving solutions. [RA 9729, §18, 2009]
§19 — Congressional Oversight
A Joint Congressional Oversight Committee (JCOC) of 5 Senators + 5 Representatives is created to monitor implementation — co-chaired by 1 senator and 1 representative designated by the Senate President and Speaker, respectively. [RA 9729, §19, 2009]
Note: This is distinct from the JCEC (Joint Congressional Energy Commission) established under RA 7638 §28 — these are parallel oversight mechanisms for the climate and energy domains respectively.
§21–23 — Appropriations and Transition
Initial appropriation: PhP 50 million (sourced from the President’s contingency fund) plus unutilized funds from the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. [RA 9729, §21, 2009]
Abolished by RA 9729 upon CCC organization (§23):
- Presidential Task Force on Climate Change (Administrative Order No. 171)
- Inter-Agency Committee on Climate Change (Administrative Order No. 220)
Their powers, functions, personnel, and assets were absorbed by the CCC.
Amendments
RA 10174 (2012): Amended RA 9729 to strengthen the CCC and create the People’s Survival Fund (PSF) — a dedicated trust fund for LGU and community-level climate adaptation projects, particularly for the most vulnerable communities. The PSF is capitalized at PhP 1 billion annually from the national government appropriations.
Full text: Cleaned copy