Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No.__7873

Introduced by REPRESENTATIVE FERDINAND L. HERNANDEZ

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

The COVID-19 pandemic is a wake up call for us to realize the importance of
preservation of our biodiversity. Human activities cause damage when we disrupt natural
habitat. Many scientists believe that SARS-CoV-2, the virus that causes COVID-19, has
originated primarily from bats and transmitted through an intermediary host, the pangolin,
which is probably the most trafficked mammal globally. As more habitat destruction occurs,
disease transfer from animals to humans increases. The Philippines is a consumer, source, and
transit point for illegal wildlife trade — with a value estimated at $10 billion to $23 billion per
‘year, making wildlife crime the fourth most lucrative illegal business in the Philippines after
narcotics, human trafficking, and arms, according to the Asian Development Bank.

To this disturbance of ecosystems, illegal logging and deforestation are contributing
factors. In August 2020, an adult white-bellied sea eagle with a wingspan of 1.86 meters,
considered endangered in the Philippines, was rescued in one of the illegal logging
hotspots in Samar. Eagles are generally territorial and go out once there is a disruption in
their habitat. Illegal logging poses a serious threat to biodiversity and rural livelihoods,
and result to flooding, water shortage, rapid soil erosion, and mudslides.

This overexploitation of natural resources caused by illegal wildlife trade and illegal
logging, as well as the violation of environmental laws and policies, have proved costly not
only to the environment but also to human lives. It is high time we answer the call for a
drastic enforcement scheme of environmental laws to eradicate and suppress the lawless
violators of these laws.

This bill aims to strengthen and institutionalize the Department of Environment and
‘Natural Resources (DENR)’s environmental law enforcement capability through the creation of


‘a permanent and dedicated national government law enforcement bureau to support and
buttress the existing powers of the DENR.

The enactment of the EPEB Bill enables the DENR to have an enforcement arm that will
be patterned after a mainstream agency such as the Philippine National Police (PNP), which has
the appropriate structure, modern technology, and highly trained manpower.

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

mnie, L. HERNANDEZ



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7873

Introduced by REPRESENTATIVE FERDINAND L. HERNANDEZ

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 House of Representatives of the Philippine 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:

(a) maintain an effective, competent, current, and highly-trained enforcement body to
address violations of environment and natural resources laws, rules, and regulations in
order to protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature;

(b) strengthen and professionalize environment and natural resources protection and law
enforcement with appropriate structure, science and technology, manpower, and
capability;

(©) formulate plans and programs relative to environment and natural resources protection
to enhance and modernize capacities to address all types of environmental crimes,
including transtational/transboundary violations, taking cognizance of the worsening
global environmental situation;

(@) promote shared duties and responsibilities, and capacitate other law enforcement
agencies and local government units on environmental law enforcement; and

(e) ensure fair, swift, and certain enforcement of environmental laws.

Section 3. Definition of Terms. - As used in this Act, the following terms and
phrases shall mean as follows:


(a) Abatement refers to a 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, where such act is prohibited.

(b) 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.

(d) Confiscation refers to the act of taking in favor of the government, real or personal
property, from a person without payment or compensation in an administrative
proceeding.

(©) Custody ~ refers to temporary holding or safekeeping of any evidence obtained or
seized in an enforcement operation conducted by, or with the participation of the
Bureau, while a case is pending before any administrative body or the courts.

(®) Department -refers to the Department of Environment and Natural Resources
(DENR).

(g) Emergency ~ as used in this Act, emergency occurs when there isa demonstrated
impending threat to human life, biodiversity, or irreparable damage to the integrity
and stability of the ecosystem.

(h) Enforcement areas ~ refers to any geographic area in the Philppines where priority
enforcement response is needed.

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

(j) Impoundment refers to the taking of seized private property, which include, but not
limited to, vehicle, vessel, facility, equipment, tools, paraphernalia, implements, gadgets,
by government action with custody documentation pending the outcome of a
criminal prosecution or administrative adjudication.

(k) 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 geo-hazard 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 Pn of LGUs as hazard
prone areas.

() Regulated community - refers to all persons, businesses or organizations, or
government agencies or instrumentalities of the government whose use, utilization,
exploitation, development, management, 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 Department of Environment and Natural
Resources (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 regulation. 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 Bureau enforcers 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.

(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 or administrative bodies of
the place where it began, but also in the court or administrative bodies of the place
where part of the offense was continued or consummated.

(q) Wildlife Trafficking — refers to transportation and/or transshipment of wildlife, wildlife
by-products or derivatives, from, to, or through the Philippines.

Section 4. Creation. - There is hereby created the Environmental Protection and
Enforcement Bureau (EPEB) which shall be a uniformed service and a line agency under the
Department.

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 has the power and authority to:
(a) Enforce, interdict ongoing violations, arrest, investigate, and prosecute all violations of
environmental and natural resources laws, rules, and regulations, including those

over which other agencies exercise jurisdiction;

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

(0) 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
efiviroriment and natural resources violations, and in court cases as may be directed by
the court;

(® Call on the Department of Justice (DO)), 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;

(g) Conduct intelligence operations and forensics investigation in furtherance of the
foregoing powers and functions;

(h) 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;

(i) Accept in the name of the Philippine Government, funds or 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;

(k) 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 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, enivironiment-related incidents, permittees, licensees, park and forest occupants,
tenured migrants, and scientific research data and information;

(a) 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;

(0) Formulate and implement policies, guidelines, and programs necessary to effectively
carry out its mandate;

(p) Perform other related functions as the Secretary of the Department may assign.

Nothing herein 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 shalll collaborate and render 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,
Division Chiefsfor Enforcement, Investigation and Legal, Finarice arid 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 $630
Deputy Director General for Operations _| Director V S629
Deputy Director General for Director V $629
Administration

Regional Director Director II SG27
Chief for Enforcement Division. Director! SG25
Chief for Investigation and Legal Division _| Director! $G25
Chief for Finance and Logistics Division. Director 1 $G25
Chief for Administrative and Human DirectorI SG25
Resource Division

Chief for Planning and Knowledge DirectorI S625
Information Division

Director for Forensic Laboratory Director] SG25
Regional Legal Division Chief Attorney V $625
‘Supervising Environmental Prosecutor | Attorney IV SG23
Environmental Prosecutor Attorney IIL $G21
Regional Enforcement Division Chief Division Chief G24
Regional Management Division Chief Division Chief SG24
‘Supervising Enforcement Officer Senior OfficerV__| SG22
Enforcement Officer 1V_ Officer IV $G19
Enforcement Officer I Officer It SG16
Enforcement Officer II Officer I SG13
Enforcement Officer I OfficerT SGil
Ranger Technician Ranger Il SG9
Ranger Ranger I SG7
Ranger Ranger! SG5

Section 8. Forensic Laboratory. - The Bureau shall establish and maintain an up-to-date
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 $G25



Section Chief on Chemistry and Toxicology | Section Chief SG22
Section Chief on Genetics and Forensic Section Chief $G22
Biology

Section Chief on Criminalistics Section Chief $G22
Section Chief on Veterinary Section Chief S$G22
Section Chief on Taxonomy and Section Chief SG22
Morphology

Section Chief on Geology Section Chief SG22
Senior Computer Programmer and ENRE Officer IV SG19
Information Technology Officer

Analyst IIT __[ENRE Officer iif [SG16
Analyst I ENRE Officer I $G13
Analyst I ENRE Officer I SG11

Section 9. Environment and Natural Resources Law Enforcement Academy. ~The DENR
shall establsh an Environmental 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, inchiding local governments -

Section 10. Powers and Functions of 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/her duties and responsibilities, and shall perform
the following powers and functions:

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

(b) 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 laws, 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 the hiring of consultants, subject to pertinent laws, rules and
regulations, as may be required;

(g) 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;


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

(i) 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, or otherwise discipline Bureau officials,
enforcers and personnel for causes provided under the Civil Service Rules and
Regulations and other pertinent laws, rules and regulations, subject to the approval
by the Secretary; and

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

Section 11. Powers and Functions of Bureau Officers and Enforcers. ~ The members of
the Bureau shall be peace officers, and as law enforcers, 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
lw, as provided for by applicable laws, rules and regulations, and to
inventory said items;

(€)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;

(@)To carry suitable and adequate agency-issued firearms for enforcement
operations and personal secur

(€) 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;

(f) To perform such other functions as may be assigned by the Bureau.

Section 12. Benefits and Privileges. - The Bureau shall provide its personnel with the
following benefits:

(a) 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
(d) Access to a legal assistance and support fund.

Section 13. Inter-agency Environmental Enforcement Coordination. - The Bureau shall
establish and maintain close coordination, cooperation and linkages with national and


international coordinative bodies, multi-lateral agencies, and organizations that address
environmental crimes.

Section 14. Stakeholder’s Engagement/People’s Participation. — Active and direct
participation of national government agencies (NGAs), local government units
(LGUs), academe, media, people's ofganization (POs), non-governmental
organizations (NGOs), 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) in the Enforcement
of this Act. ~ The defense of SLAPP as defined by existing laws shall be available to
Bureau enforcers 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 ci
criminal, and special civil actions involving the enforcement or violations of this Act,
including actions treated as a SLAPP as provided in this section.

Section 16. Prohibition on the Issuance of Temporary Restraining Orders,
Prelininary Injtenctions, and Preliminary Mandatory Injunctions. — No court, other
than the Supreme Court, shall issue injunction or 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/s, whether natural or juridical, who shall
attack, employ force or seriously intimidate/s any environment and natural resources
enforcement officer or his deputies, while engaged in the performance of official
duties, or on the occasion of the performance of such duties, shall be charged with
direct assault under the Revised Penal Code.

The penalties of indirect assault as defined under the Revised Penal Code shall be
imposed upon any person coming to the aid of the environment and natural resources
enforcement officer or his deputy in the enforcement of his duties.

Section 18. Administrative Adjudication. - The Secretary is authorized to organize
and standardize administrative adjudication mechanisms to impose fines 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 Cease and Desist Orders and to Summarity Abate 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 demoltion of any
illegal structures from a prohibited area, without the necessity of judicial order.
Provided, that in cases 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 of the Director-General of the Bureau or the Duly Authorized


Representative to Issue Notice of Violation and Seizure Order. — In all cases of violations of
environmental laws, rules and regulations, the Director-General or his 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
int eh commission of the offense.

Section 21. Funding Source and Appropriation. - The funds required for the
implementation of this Act shall be taken from the General Appropriations Act (GAA) and may
be augmented from the following:

(a) Integrated Protected Area Fund (IPAF);
(b) environmental and user fees;

(c) EPIRA;

(@) road users’ tax; and

(©) administrative fines and penalties.

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, sections and units of the Department and attached
“Agencies shall be transferred to the 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 Act may serve as officer or enforcer of the
Bureau, or choose to be reassigned in non-enforcement functions or offices of the
said agencies.

All incumbent enforcement officials, enforcers and personnel of the Palawan Council
for Sustainable Development (PCSD) and BARMM shall be trained 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. Separabitity Clause. —In theevent that, for any reason, any provision of this Act
is declared to be unconstitutional or invalid, the other sections or provisions hereof which are
not affected thereby shall continue to bein full force or effect.


Section 25. Repealing Clause.~ All laws, decrees, executive orders and rules and regulations
or parts thereof which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Section 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.

Approved.