AN ACT PROVIDING FOR THE MODERNIZATION OF THE PHILIPPINE ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL SERVICES ADMINISTRATION (PAGASA), PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

Sixteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.

REPUBLIC ACT No. 10692

AN ACT PROVIDING FOR THE MODERNIZATION OF THE PHILIPPINE ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL SERVICES ADMINISTRATION (PAGASA), PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. Title. – This Act shall be known as “The PAGASA Modernization Act of 2015”.

SECTION 2. Declaration of Policy. – It is hereby declared to be the policy of the State to utilize scientific and technical knowledge and information as an effective instrument to ensure the safety, well-being and economic security of the people; to safeguard the environment; and to promote national progress and sustainable socioeconomic development through various applications of meteorology, geophysics, astronomy and allied sciences. The State also recognizes the need to strengthen the capability of government personnel tasked to provide atmospheric, geophysical, astronomical and other weather and climate-related services and information to the public. Towards this end, the State shall undertake the modernization of the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) to improve its technological operational capacity, strengthen its role as the premier national weather agency and to attain its vision as a center of excellence for weather-related information services.

SECTION 3. Mandate of the PAGASA. – The PAGASA shall provide adequate, up-to-date data, and timely information on atmospheric, astronomical and other weather-related phenomena using the advances achieved in the realm of science to help government and the people prepare for calamities caused by typhoons, floods, landslides, storm surges, extreme climatic events, and climate change, among others, to afford greater protection to the people. It shall also provide science and technology-based assessments pertinent to decision-making in relevant areas of concern such as in disaster risk reduction, climate change adaptation and integrated water resources management, as well as capacity building. The PAGASA shall ensure that the country fulfills its commitments to international meteorological and climate change agreements.

SECTION 4. Objectives. – Pursuant to the foregoing policy, the PAGASA Modernization Program shall be implemented in accordance with the following objectives:

SECTION 5. Organizational Structure. – The PAGASA shall be an attached agency of the Department of Science and Technology (DOST) for purposes of policy and program coordination, to ensure alignment in national science and technology policies and priorities. It shall be headed by an Administrator with the rank and compensation of a Department Undersecretary who shall be appointed by the President upon recommendation by the Secretary of the DOST.

The Administrator shall be assisted by three (3) Deputy Administrators for Operations and Regional Services, Research and Development and Administration, Finance and Engineering Services, to be appointed by the President.

SECTION 6. Qualifications. – No person shall be appointed as Administrator or Deputy Administrator unless that person is a citizen and resident of the Philippines, of good moral character, of proven integrity, with an advanced degree in Meteorology or related fields of study, and with at least five (5) years of competence and expertise in meteorology, geophysics, astronomy or allied sciences: Provided, That the Administrator and the two (2) Deputy Administrators shall be career executive officers.

SECTION 7. Components of Modernization. – The PAGASA modernization shall have the following components:

SECTION 8. Formulation and Submission of the PAGASA Modernization Program. – The Secretary of the DOST and the Administrator of the PAGASA, in coordination with the Secretary of the DBM and the Director-General of the National Economic and Development Authority (NEDA), shall formulate the PAGASA Modernization Program and oversee its implementation based on the policy objectives provided, in this Act.

The PAGASA Modernization Program shall indicate among others:

Within ninety (90) days from the effectivity of this Act, the Secretary of the DOST shall submit to the President the PAGASA Modernization Program for approval.

SECTION 9. Period of Implementation. – The modernization program under this Act shall be implemented for an initial period of three (3) years: Provided, That payments for multi-year contract obligations incurred under this Act may extend beyond this period: Provided, further, That PAGASA shall continue to modernize and constantly update its operational capabilities to keep pace with best global practices.

SECTION 10. PAGASA Modernization Fund. – There is hereby created the PAGASA Modernization Fund to be used exclusively for the PAGASA Modernization Program. The PAGASA Modernization Fund shall be sourced from the following:

The PAGASA Modernization Fund shall be administered by the Administrator of the PAGASA in accordance with existing government budgeting, accounting and auditing rules and regulations.

SECTION 11. Specialized Products and Services and Cost Recovery Program. – The PAGASA, with the approval of the Secretary of the DOST shall implement a sustainable PAGASA Specialized Services and Cost Recovery Program that will allow it to earn revenue from its issuance of specialized weather products and services, especially, but not limited to, those related to aviation and maritime industry, weather certifications, and scientific and technical publications for which the necessary fees can be charged: Provided, That no fees shall be charged on the issuance of regular and special forecasts, warnings that affect national safety, and such other relevant data, products and services for the public good.

SECTION 12. Progress Report. – The Administrator of the PAGASA shall prepare an annual report on the status of the implementation of the PAGASA Modernization Program which shall be submitted, through the Secretary of the DOST, to the President and to the Chairpersons of the Committees on Science and Technology of the Senate and the House of Representatives not later than June 30 of the succeeding year.

SECTION 13. Appropriations. – The amount necessary to carry out the implementation of this Act shall be initially charged against the current fiscal year appropriations of the DOST – PAGASA. Thereafter, the amount needed for the continued implementation of the modernization program, shall be included in the annual General Appropriations Act.

The above-stated amount may be augmented by grants, bequests, contributions and donations whether from local or foreign sources: Provided, That acceptance of grants, bequests, contributions and donations from foreign governments shall be subject to the approval of the President upon the recommendation of the Secretaries of the DOST and the Department of Foreign Affairs (DFA).

SECTION 14. Implementing Rules and Regulations (IRR). – Within ninety (90) days from the effectivity of this Act, the DOST, PAGASA and DBM shall issue the IRR for the effective implementation of this Act.

SECTION 15. Separability Clause. – If any provision or part of this Act is declared invalid or unconstitutional, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 16. Repealing Clause. – All laws, orders, proclamations, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 17. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.

Approved,

Senate Bill No. 2834, which was approved by the Senate on August 17, 2015, was adopted as an amendment to House Bill No. 4397 by the House of Representatives on August 25, 2015.

Approved: NOV 03 2015

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines