Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4168

HOUSE BILL NO.

introduced by REP. PROSPERO A. PICHAY, JR.

EXPLANATORY NOTE

Environmental resource management and mineral resource management although
common in principles, are two different things. Environmental resource management is not
the management of the environment itself but rather the management of all components of
the biophysical environment, both living (biotic) and non-living (abiotic). It also involves the
relationships of the human environment, such as the social, cultural and economic
environment with the biophysical environment. And its essential aspects are ethical,
economical, social and technological.

It also should be noted that environmental resource management covers many areas
in the field of science, geography, biology, physics, chemistry, sociology, physiology, etc.

Natural resource management is the management of land, minerals, water, soil,
plants and animals, with particular focus on how people and natural landscapes interact
Because in this interaction lies the quality of life for both present and future generations. It
specifically focuses on a scientific and technical understanding of resources and ecology
and the life-supporting capacity of those resources. Moreover, natural resource
management aiso has to manage various stakeholders and their interests, policies, politics
and economic implications.

The issues in the management of both the environment and natural resources is
inherently complex as they involve the ecological cycles, hydrological cycles, climate,
animals, plants and geography. All these are dynamic and inter-related. A change in one of
‘them may pose long-term impact, which, in extreme cases may be irreversible.

Hence, to perfectly address the issues of environmental management and
management of natural resourees, the devolution of powers and responsibilities within the
ranks of the Department of Environment and Natural Resources (DENR) is urgently needed.
This bill proposes the separation of the DENR into two specific departments to be known as
the Department of Environment (DOEN) and the Department of Water and Natural
Resources (DWNR).

With the above stated facts, approval of this bill is earnestly sofaght.

PR A. PICHAY, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. Ce

Introduced by REP. PROSPERO A. PICHAY, JR.

AN ACT SEPARATING THE DEPARTMENT OF ENVIRONMENT AND NATURAL.
RESOURCES INTO THE DEPARTMENT OF ENVIRONMENT AND THE
DEPARTMENT OF WATER AND NATURAL RESOURCES REDEFINING ITS
POWERS, FUNCTIONS, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

ARTICLE |
GENERAL PROVISIONS

SECTION 1. Declaration of Policy — It is hereby declared the policy of the state to
uphold the sustainable use, development, management, renewal and conservation
of the country’s forest, mineral, land, off-shore areas and other natural resources,
including the protection and enhancement of the quality of the environment, and
equitable access of the different segments of the population to the development and
use of the country’s natural resources, not only for the present generation but for
future generations as well. It is equally the policy of the state to distinguish the
importance of environment protection and responsible management and
conservation of natural resources.

It is viewed that for a more precise delivery or its services, the
separation of the Department of Environment and Natural Resources into two (2)
separate departments, hereby referred to as the Department of Environment and the
Department of Water and Natural Resources is necessary.

SECTION 2. Creation - In order to address the complexity of having a solitary
agency manage the Environment and Natural Resources sectors, the Department of
Environment and the Department of Water and Natural Resources is hereby created
‘structurally and functionally in accordance with the provisions of this Act.


ARTICLE II
THE DEPARTMENT OF ENVIRONMENT

SECTION 3. Mandate - The Department of Environment (DOEN) shall be the
primary government agency responsible for the management of the interaction and
impact of human societies on the environment by undertaking the following
objectives:

@) Ensure sustainable and equitable use of resources without degrading the
environment or risking health or safety.

b) Prevent and control degradation of land, water, vegetation and air.

c) Conserve and enhance natural and man-made heritage, including biological
diversity of unique ecosystems.

d) Improve condition and productivity of degraded areas

) Raise awareness and understanding of the link between environment and
development.

f) Promote individual and community participation on the proper use and

handling of the environment, specifically forest and grazing lands, including

those in reservation and watershed areas, and lands of the public domain.

Regulate all activities relating to the environment as may be provided for by

law.

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SECTION 4. Authority and Responsibility - The Department shall be headed by the
Secretary of the Department of Environment. The Secretary shall be assisted by
Undersecretaries, Assistant Secretaries and Directors.

SECTION 5. Powers and Functions — To accomplish its mandate, the Department of
Environment shall have the following Powers and Functions:

a) Oversee all activities of the Department relative to the environment;

b) Formulate, implement and supervise the government's policies, plans and
programs pertaining to the management, conservation, development, use and
handling of the environment;

c) Advise the President on the enactment of laws pertaining to the environment.

SECTION 6. Departmental Bureaus and Regional Offices —- The Department of
Environment shall establish, operate and maintain the following Bureaus and other
‘support offices:

a) Biodiversity Management Bureau
b) Ecosystems Research and Development Bureau
c) Environmental Management Bureau

There shall be a Regional Office in all administrative regions, headed by a
Regional Director. The Regional Office shall perform such other functions as may be
delegated by the Secretary.


ARTICLE Ill
THE DEPARTMENT OF WATER AND NATURAL RESOURCES

SECTION 7. Mandate. - The Department of Water and Natural Resources shall be
the primary government agency responsible for the conservation, management,
development and proper use of the country’s natural resources, primarily water, as
well as the licensing and regulation of all natural resources activities as may be
provided for by law in order to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of Filipinos.

SECTION 8. Authority and Responsibility - The Department shall be headed by the
Secretary of the Department of Water and Natural Resources and shall be assisted
by Undersecretaries, Assistant Secretaries and Directors.

SECTION 9. Powers and Functions — To accomplish its mandate, the Department of
Water and Natural Resources (DWNR) shall have the following Powers and
Functions:

a) Oversee all activities of the Department relative to the extraction of natural
resources;

b) Formulate, implement, recommend and supervise the government's policies,
plans and programs pertaining to the management, conservation,
development, extraction, use and handling of water and natural resources;

¢) Manage and create comprehensive guidelines and programs for sectors
involved in the use of water and natural resources for economic gains.

SECTION 10. Departmental Bureaus and Regional Offices - The Department of
Water and Natural Resources shall establish, operate and maintain the following
Bureaus and other support offices:

a) Water Management Bureau
b) Forest Management Bureau
c) Land Management Bureau

d) Mines & Geo-Sciences Bureau

There shall be a Regional Office in all administrative regions, headed by a
Regional Director. The Regional Office shall perform such other functions as may be
delegated by the Secretary.


SECTION 11. Attached Agencies —The following agencies shall be attached with the
Department of Water and Natural Resources:

National Mapping and Resource Information Authority
Palawan Council for Sustainable Development
Laguna Lake Development Authority

Natural Resources Development Corporation
National Water Resources Board

Philippine Mining Development Corporation

Local Water Utilities Administration

Metropolitan Waterworks and Sewerage System

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ARTICLE IV
APPROPRIATIONS

SECTION 12. Appropriations. - Such amount maybe deemed necessary to
effectively and efficiently carry out the provisions of this Act is hereby appropriated
from the funds of the National Treasury. The continued operation and maintenance
of the two (2) Departments shall be included in the General Appropriations Act.

ARTICLE V
OTHER PROVISIONS

SECTION 13. Transitory Provisions. - In accomplishing the acts of reorganization
prescribed herein, the following transitory provisions shall be complied with, unless
otherwise provided elsewhere in this Act:

a) The transfer of a government unit shall include the functions, appropriations,
funds, records, equipment, facilities, other assets, and liabilities, in any, who
of the separated unit as well as the personnel thereof, as may be necessary
who shall in a hold-over capacity, continue to perform their respective duties
nd responsibilities. These personne! from the separated unit whose
positions are not included in the Department's new position structure and
staffing pattern approved and prescribed by the Secretary or who are not
reappointed shall be deemed separated from the service and shall be entitled
to benefits.

b)

The transfer of functions which results n the separation of the government unit
that exercised them shall include the appropriates, funds, records, equipment,
facilities, rights, other assets and personnel as may be the proper discharge
of the transferred functions. The separated units remaining appropriations
and funds, including its liabilities, if any, shall be allocated to such appropriate
units as the Secretary shall determine or unless otherwise be disposed in
accordance with the Government Auditing principle and other pertinent laws,
rules and regulations.


SECTION 14. New Structure and Pattem. - Upon approval of this proposed bill, the
officers and employees of the Department shall, in a holder capacity, continue to
perform their respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from government
service.

SECTION 15. — Separability Clause. - If any provision of this Act is declared
unconstitutional and inoperative, the other provisions not so declared shall remain in
force and effect.

SECTION 16. Repealing Clause. — All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with the Act or the rules and regulations promulgated
pursuant thereto are hereby repealed or amended accordingly.

SECTION 17. Effectivity Clause. - This Act shall take effect after fifteen (15) days

following its full publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,