Republic of the Philippines ‘zg UATE

HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bil No, 7578

Introduced by Rep. ANGELO MARCOS BARBA
2nd District, [locos Norte

AN ACT CREATING THE ENVIRONMENTAL PROTECTION
AND ENFORCEMENT BUREAU (EPEB) UNDER THE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(DENR), PROVIDING FOR ITS POWERS AND FUNCTIONS AND
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

Protecting the environment is not an easy task. Forest protection officers,
rangers, and other environmental workers have risked their lives to protect
our environment and natural resources from illegal logging syndicates and
environmental criminals. Several environmental workers were shot at, hacked,
and even killed to protect not only the environment but also the right of the
people toa balanced and healthful ecology.

The environment certainly needs protection from individuals who destroy
the environment for their own selfish interests, but so do the people who are
called to protect them. The Department of Environment and Natural
Resources has repeatedly asked Congress for the immediate passage of a
measure creating an Environmental Protection and Enforcement Bureau to
help protect forest rangers from environmental criminals. It is time Congress
heeds this call.

This proposed measure seeks to create a Bureau that shall carry out
environmental law enforcement functions in the entire Philippine archipelago
that would further strengthen environment and natural resources protection
and law enforcement with appropriate structure, modern technology, and
highly-trained manpower.

The Bureau is seen to empower the arrest and prosecution of
environmental criminals, apprehend and confiscate timber and forest
products without license, and destroy illegal structures occupying forest lands
without authority to include paraphernalia and conveyances." It also aims to

2 DENR to empower Environmental Laws with the creation of EPEB, retrieved on 31 August 2020from
hittps://r6.denr.gov ph/index.php/news-events/press-releases/1318-denr-to-empower-environmental-laws-with-
the-creation-of-the-epeb

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curb illegal mining, illegal logging, smuggling and trading of wildlife species
and other environmental crimes that risk our biodiversity and destroys our
protected areas, the habitat of the threatened species.

The bill also proposes the establishment of an Environment and Natural
Resources Law Enforcement Academy which shall be responsible for the
recruitment, development, and conduct of basic and advanced-level
environmental law enforcement training course, and continuing skills
enhancement of all bureau enforcers and personnel. Through this, forest
protection officers and rangers shall be better equipped in enforcing
environmental and natural resources protection laws.

In view of the foregoing, the immediate passage of this bill is earnestly
sought.

ANGI S BARBA

2 DENR to empower Environmental Laws with the creation of EPEB, retrieved on 31 August 2020 from
hhttps://r6.denr.gov.ph/index.php/news-events/press-releases/1318-denr-to-empower-en vironmental-laws-with-
the-creation-ofthe-epeb


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS:
Second Regular Session

House Bill No. 7670

Introduced by Rep. ANGELO MARCOS BARBA
‘24 District, Hocos Norte

AN ACT CREATING THE ENVIRONMENTAL PROTECTION
AND ENFORCEMENT BUREAU (EPEB) UNDER THE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(DENR), PROVIDING FOR ITS POWERS AND FUNCTIONS AND
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the
“Environmental Protection and Enforcement Bureau (EPEB) Act”.

SECTION 2. Declaration of Policy. — It is the policy of the State to
protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature by maintaining and
strengthening environment and natural resources protection and law
enforcement with appropriate structure, modern and current science and
technology, and effective, capable and highly-trained manpower.

Toward this end, the State shall formulate plans and programs relative to
environmental and natural resources protection and to enhance and
modernize capabilities to address all types of environmental crimes, including
transnational and/or transboundary violations, taking cognizance of the
‘worsening global environmental situation.

The State shall likewise promote shared duties and responsibilities, and
capacitate other law enforcement agencies and local government units to
ensure fair and immediate enforcement of environmental laws.

SECTION 3. Definition of terms. — As used in this Act, the following
terms shall mean:

a. Abatement — refers to legal document issued by the Bureau, its officers
and enforcers, ordering the suspension or cessation, in whole or in part,
or removal of a problem or nuisances, which is against environment
and natural resources laws committed in prohibited areas, and/or other
public areas, which such act is prohibited;


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Bureau ~ refers to the Environmental Protection and Enforcement
Bureau;

. Cease and Desist Order (CDO) - refers to an order duly issued by the

Secretary or the Bureau directing or enjoining any person, business, or
organization, or government agency, to stop or continue doing an act
considered harmful or illegal and/or in order to protect, preserve, or
rehabilitate the environment. A CDO may be permanent, for specified
period of time, or until a final administrative or judicial determination
of its legality occurs;

|. Confiscation — refers to the act of taking in favor of the government,

real of personal property, from a person without payment or
compensation in an administrative proceeding;

. Custody — refers to the temporary holding or safekeeping of any

evidence obtained or seized in an enforcement operation and
conducted by, or with the participation of the Bureau, while a case is
pending before any administrative body or courts;

Department — refers to the Department of Environment and Natural
Resources (DENR);

. Emergency — as used in this Act, emergency occurs when there is a

demonstrated impending threat to human life, biodiversity, or
irreparable damage to the integrity and stability of the ecosystem;

. Enforcement areas — refers to any geographic area in the Philippines

where priority enforcement response is needed;

Forensic — refers to the application of scientific methods of analyzing
evidence and samples for purposes of criminal, civil, or administrative
procedure;

Impoundment — the taking into custody of private property, such as a
vehicle, facility, or implements, by government action with custody
documentation pending the outcome of a criminal prosecution under
this Act;

. Prohibited Area — refers to areas explicitly prohibited or deemed by law

to be free from human habitation or interference such as, but not
limited to, water easements, areas identified as geohazard zones, or in
any other prohibited zones within protected areas including strict
protection zones, multiple use zones, and buffer zones, or areas
designated under Disaster Risk Reduction and Management Plan of
local government units (LGUs) as hazard prone areas;

Regulated community - refers to all persons, businesses or
organizations, or government agencies or instrumentalities of the
government whose utilization, exploitation, development, management,


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conservation and protection of environment and natural resources are
governed under the administrative authority of the Department;

m. Secretary — refers to the Secretary of the DENR;

n. Seizure — as used in this Act, seizure refers to the taking by
enforcement officers of potential evidence from a person who is
suspected of violating environmental laws, rules and regulations.
Seizure of evidence may be done by virtue of a search warrant or on the
occasion of a warrantless arrest or warrantless search;

0. Strategic Lawsuit Against Public Participation (SLAPP) — as used in
this Act, the defense of SLAPP shall be available to the Bureau
enforcers and those the have deputized, complainants, and witnesses.
This remedy is available even during preliminary investigation and
relevant administrative cases. The Bureau shall provide sufficient
assistance for those enforcers, deputies, complainants, and witnesses
charged with SLAPP suits; and

p. Transnational or transboundary violations — refers to a continuing
offense in contravention of both environmental laws and international
treaties and conventions on environment to which the Philippines is a
signatory. An act is deemed a continuing offense when the act may be
prosecuted and tried not only in the court of administrative bodies of
the place where it began, but also in the court of administrative bodies
of the place where part of the offense was continued or consummated.

SECTION 4. Environmental Protection and Enforcement Bureau
(EPEB). - There is hereby created an Environmental Protection and
Enforcement Bureau (EPEB) which shall be a uniformed service and a line
agency under the Department of Environment and Natural Resources.

This Act shall transfer and consolidate all enforcement functions
performed by different Bureaus and attached agencies of the Department and
those that may be created hereafter.

The Bureau shall exercise concurrent enforcement authority with agencies
having jurisdiction under other laws.

SECTION 5. Jurisdiction. — The Bureau shall carry out environmental
law enforcement functions in the entire Philippine archipelago including air
space, territorial waters, exclusive economic zones, continental shelf, and
other areas where the Philippines exercises sovereignty and sovereign rights,
or jurisdiction, in accordance with Philippine and International Laws. It shall
be under the control and supervision of the Secretary.

SECTION 6. Powers and Functions. - The Bureau shall have the
following powers and functions:

a. Enforce, interdict ongoing violations, arrest, investigate, and prosecute
all violations of environmental and natural resources laws, rules, and


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regulations, including those over which other agencies exercise
jurisdiction;

Take custody of all seized and confiscated items, implements,
conveyances, tools, and equipment;

.. Initiate the filing of appropriate cases and/or proceedings;

|. File the appropriate cases in court in consultation with the National

Prosecution Service when necessary, and in coordination with the
Office of the Ombudsman in cases involving government officials and
employees;

. Execute decisions and dispose of confiscated items in administrative

cases pertaining to environment and natural resources violations, and
in court cases as may be directed by the court;

Call on the Department of Justice (DOJ), Philippine National Police
(PNP), Armed Forces of the Philippines (AFP), the National Bureau of
Investigation (NBI), other government law enforcement agencies,
including government-owned and/or -controlled corporations, to aid
in the enforcement of laws against environmental crimes;

; Conduct intelligence operations and forensics investigation in

furtherance of the foregoing powers and functions;

. Issue subpoena for the appearance of any person for investigation or

production of any documents, through its officers from the ranks of
Director-General, Deputy Director, Directors for Enforcement,
Investigation and/or Legal Services, and Regional Director, and cite in
contempt any person who violates or disobeys orders and processes
duly issued by the Bureau;

Accept in the name of the Philippine Government, funds of financial
assistance for immediate disbursements or other property in the
interest of, or as may be necessary to carry out its functions, and which
shall be properly allocated and utilized directly and exclusively for
environmental protection and enforcement;

Establish and maintain coordination mechanisms with other law
enforcement agencies locally and internationally;

. Develop enforcement systems and strategies based on best practices

and using the most advanced and reliable technologies;

Impose administrative fines/citations for in flagrante violations of
environment and natural resources laws, rules, and regulations
pursuant to the schedule of fines to be issued by the Office of the
Secretary;


m. Maintain database of all relevant information such as, but not limited
to, environmental cases, environment-related incidents, permittees,
licensees, park and forest occupants, tenured migrants, and scientific
research data and information;

n. Issue and implement Cease and Desist Order, Closure Order, Notice of
Violation, and Abatement Order in the exercise of its administrative
powers pursuant to pertinent rules and regulations issued by the
Department;

o. Formulate and implement policies, guidelines, and programs
necessary to effectively carry out its mandate; and

p. Perform other related functions as the Secretary may assign.

Nothing in this Section shall prevent other law enforcement agencies from
exercising jurisdiction over violations of environmental laws, rules and
regulations: Provided that, once the Bureau takes cognizance of the
aforementioned violations, the Bureau shall take the lead and other law
enforcement agencies shall collaborate for assistance.

SECTION 7. Organizational Structure. — The Bureau shall be organized
into the Office of the Director-General, Deputy Director Generals for
Operations and for Administration, and Division Chiefs for Enforcement,
Investigation and Legal, Finance and Logistics, Administrative and Human
Resource, Planning and Knowledge Information Service, and Forensic
Laboratory. Each service shall be composed of the necessary divisions and
sections.

‘The Bureau shall establish regional offices composed of district offices to
cover designated enforcement areas. Field units may be established as needed
to work with the PENR and/or CENR offices or clusters thereof.

The Bureau's personnel and their respective positions and rank shall have
appropriate staffing complement, as follows:

Job Title Career Level_| Salary Grade

Director-General Director VI ‘SG 30
Deputy Director-General for Operations Director V ‘SG 29
Deputy Director-General for Administration Director V 'SG29
‘Regional Director Director [IT SG 2
Chief for Enforcement Division Director SG 25
Chief for Investigation and Legal Division Director I SG 25
Chief for Finance and Logistics Division Director SG 25
Chief for Administrative and Human Resource |~ Director I ‘SG 25
Division

Chief for Planning and Knowledge Information | Director I 3E25
Division

Director of Forensic Laboratory, Director T 3625
Regional Legal Division Chief ‘Attorney V SG 25
Supervising Environmental Prosecutor ‘Attorney 1V. SG23



Environmental Prosecutor ‘Attorney TIT SGar
Regional Enforcement Division Chief Division Chief SG 24
Regional Management Division Chief Division Chief SG 24
‘Supervising Enforcement Officer Senior Officer V ‘SG 22
Enforcement Officer 'V Officer IV SG19
Enforcement Officer IT Officer IIT SG16
Enforcement Officer IT Officer IT SG13
Enforcement Officer I Officer I SG
Ranger Technician Ranger LT SG 9
Ranger Ranger IT ‘SG

Ranger Ranger I SG

SECTION 8. Powers and Functions of the Director General. - The
Director General shall have access to all official records of the Government
and the regulated communities of the Department in the furtherance of his or
her duties and responsibilities, and shall perform the following powers and
functions:

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Direct, control and administer the operations of the Bureau, and
deploy any of its officials and operatives for missions;

Formulate policies, guidelines, programs, and projects to implement
this law and recommend policies that would enable the Bureau to take
additional necessary measures in exercising its powers;

Develop a system and allocate funds for informant’s rewards and
whistle blower protection;

Recommend and/or direct appropriate agencies to effect emergency
containment and remediation measures in relation to violations of
environment and natural resources law, rules, and regulations;

Initiate and strategize training and deputation of environmental law
enforcement officers and, whenever practicable their consolidation and
organization in accordance with existing laws, rules, and regulations;

Designate and/or authorize the use of informants for investigative
purposes including hiring of consultants, subject to pertinent laws,
rules, and regulations, as may be required;

Issue mission orders and permits to carry duly-issued agency firearms
of its organic personnel or other duly deputized officers who are
conducting or assisting in investigation and enforcement operations;

Ensure proper inventory, identification and impoundment of
confiscated and/or forfeited objects, implements, and conveyances;

Create and/or abolish divisions/units and positions within the Bureau
that may be required for the expeditious, effective and efficient
discharge of its duties and responsibilities; and remove, suspend, of
otherwise discipline Bureau officials, enforcers, and personnel for



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causes provided under the Civil Service Rules and Regulations and
other pertinent laws, rules and regulations, subject to the approval of
the Secretary; and

Perform other acts that are necessary, proper or incidental to the
performance of his or her duties and responsibilities as may be
assigned by the Secretary.

SECTION 9. Powers and Functions of Bureau Officers and Enforcers. —

‘The members of the Bureau shall be peace officers, and as law enforcers. They
shall have the following additional powers and functions:

a. To detect, interdict, and investigate any environmental violations and
to make arrests, searches and seizures in accordance with existing laws,
rules and regulations;

b. To seize and initiate confiscation proceedings for prohibited items
including objects, implements, and conveyances used in the violation
of environmental law, as provided for by applicable laws, rules, and
regulations, and to inventory said items;

c. To take and require sworn affidavits of person or persons summoned
in connection with cases under investigation and to administer oaths
in cases under investigation, subject to limitations imposed by the
Constitution and laws, rules and regulations;

d. To carry suitable and adequate agency-issued firearms for enforcement
operations and personal security;

e. To have access to all official records of the Government and the
regulated community, where such records relate to their official
functions under this law; and

£ Toperform such other functions as may be assigned by the Bureau.

SECTION 10. Forensic Laboratory. - The Bureau shall establish,

maintain, and improve a forensic laboratory to be headed by a Director and
supported by as many sections as may be deemed necessary, which may
include chemical and toxicology, genetics, criminalistics, veterinary,
morphology, and digital. The forensic laboratory may be composed of the

following staffing complement:

Job Title Career Level | Salary Grade
Director for Forensic Laboratory Director I SG 25
Section Chief on Chemistry and Toxicology Section Chief SG 22
Section Chief on Genetics and Forensic Biology | Section Chief. SG 22
Section Chief on Criminalistics Section Chief ‘SG 22
Section Chief on Veterinary _ Section Chief SG 22
‘Section Chief on Taxonomy and Morphology Section Chief SG 22
‘Section Chief of Geology Section Chief. SG 22
‘Senior Computer Programmer ENRE Officer IV SGi9



‘Analyst ENRE Officer IIT ‘S16
Analyst IT ENRE Officer IT SG13
Analyst I ENRE Officer I ‘SGu1

SECTION 11. Benefits and Privileges. - The Bureau shall provide its
personnel with the following benefits:

Health care services or insurance for all its regular personnel;
Accident insurance for all its employees and deputized officers;
Hazard pay, subject to existing laws, rules and regulations; and
‘Access to legal assistance and support fund.

Bere

SECTION 12. Environment and Natural Resources Law Enforcement
Academy. — The Department shall establish an Environment and Natural
Resources Law Enforcement Academy which shall be responsible for the
recruitment, development, and conduct of basic and advanced-level
environmental law enforcement training course, and continuing skills
enhancement of all bureau enforcers and personnel. The Academy shall
provide other Philippine law enforcement agencies and institutions
high-quality standardized trainings on environmental law enforcement,
including LGUs.

SECTION 13. Inter-Agency Environmental Enforcement Coordination.
— The Bureau shall establish and maintain close coordination, cooperation,
and linkages with national and international coordinative bodies, multilateral
agencies, and organizations that address environmental crimes.

SECTION 14. Stakeholder’s Engagement/People’s Participation. —
Active and direct participation of national government agencies (NGAs), LGUs,
academe, media, people’s organizations, non-governmental organizations,
including the citizenry, shall be encouraged.

The Bureau shall take measures to ensure responsiveness and feedback
mechanisms for maximum participation, engagement, and transparency.

SECTION 15. Strategic Lawsuit Against Public Participation (SLAPP).
— The defense of SLAPP as defined by existing laws shall be available to
Bureau officers and those they have deputized, complainants, and witnesses.
This remedy is available even during preliminary investigation and relevant
administrative cases. The Bureau shall provide sufficient assistance for those
enforcers, deputies, complainants, and witnesses charged with SLAPP suits.

The Rules of Procedure for Environmental Cases shall govern the
procedure in civil, criminal, and special civil actions involving enforcement or
violations of this Act, including actions treated as SLAPP as provided in this
section.

SECTION 16. Prohibition on the Issuance of Temporary Restraining
Orders, Preliminary Injunctions, and Preliminary Mandatory Injunctions. -
No court, other than the Supreme Court, shall issue an injunction or



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restraining order against the Department and Bureau in the lawful
enforcement of environmental and natural resources laws.

SECTION 17. — Assaults against Environment and Natural Resources
Enforcement Officers and Deputies. — Any person, whether natural or
juridical, who shall attack, employ force, or seriously intimidates any
environment and natural resources enforcement officer or his deputies, while
engaged in the performance of official duties, or on occasion of the
performance of such duties shall be charged with direct assault under the
Revised Penal Code.

SECTION 18. - Administrative Adjudication. — The Secretary is
authorized to organize and standardize administrative adjudication
mechanisms to impose fine and other penalties provided for under existing
laws, rules, and regulations and cause the issuance of procedural rules and
regulations as may be appropriate.

SECTION 19. Power to Issue CDO and Abatement Order Without the
Necessity of Judicial Order. - The Bureau may, subject to the requirements of
administrative due process, issue cease and desist order/s, and to summarily
eject any person and/or issue abatement order, removal, dismantling, or
demolition of any illegal structures from a prohibited area, without the
necessity of judicial order: Provided, that in case of emergency, the Bureau
may order the immediate exit or departure of the offender from the prohibited
area. The Bureau may call on other enforcement agencies to assist in executing
the order to vacate.

SECTION 20. Authority to Issue Notice of Violation and Seizure Order.
— In all cases of violations of environmental laws, rules and regulations, the
Director-General or his or her duly authorized representative, may, in
appropriate cases, issue notices of violation and order the seizure of any
property subject of the offense, including conveyances, implements, tools and
equipment used in the commission of the offense.

SECTION 21. Funding Source and Appropriations. — The amount
necessary for the implementation of this Act shall be taken from the General
Appropriations Act and may be augmented from the following:

Integrated Protected Area Fund (IPAF);
Environmental and user fees;

EPIRA;

Road user’s tax; and

Administrative Fine and Penalties

eae oe

Provided, that all funds collected shall be pooled together as a single
account that will cover all operational expenses.

SECTION 22. Transitory Provisions. — All unexpended appropriations,
real and personal properties, documents, records and other papers related to
enforcement which are kept and/or managed by enforcement divisions,


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sections and units of the Department and attached Agencies shall be
transferred tothe Bureau.

All incumbent officials and personnel currently assigned and/or
designated at the regional enforcement divisions, PENR enforcement sections,
or CENR enforcement units who have undergone the mandatory training on
enforcement as provided under this Act may continue to serve as an officer or
enforcer of the Bureau, or choose to be reassigned in non-enforcement offices
or Bureaus of the Department.

All incumbent enforcement officials, enforcers and personnel of the
Department, Bureaus, and attached agencies who have undergone the
mandatory training on enforcement as provided under this Ac may serve as.
officer or enforcer of the Bureau, or choose to be reassigned in
non-enforcement functions or offices of said agencies.

All incumbent enforcement officials, enforcers and personnel of the
Palawan Council for Sustainable Development and Bangsamoro Autonomous
Region in Muslim Mindanao shall be trainer under the Bureau as part of the
one-system approach.

SECTION 23. Implementing Rules and Regulations. - The Department,
in consultation with concerned government agencies and stakeholders, shall
promulgate the implementing rules and regulations of this Act, within six (6)
months from the effectivity of this Act.

SECTION 24. Separability Clause. - If any provision of this Act is
declared invalid or unconstitutional, the other provisions not affected by such
declaration shall remain in full force and effect.

SECTION 25. Repealing Clause. — All laws, executive orders,
administrative orders, and rules and regulations inconsistent with this Act are
hereby repealed or amended accordingly.

SECTION 26. Effectivity Clause. — This Act shall take effect fifteen days

after its publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,