FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
The Philippine tradition of environmental legislation dates back to the pre- 
Spanish Code of Kalantiao. Philippine legislation in environment and natural resources 
has grown and, by the end of the 20th century, was recognized among the best of the 
developing world. The national laws enacted by presidential fiat and by Congress 
aimed to conserve, use and to protect the air, the waters, the land from pollution. The 
devolution of selected environmental functions to the Local Government Units created 
provincial, city and municipal offices to ensure compliance through the issuance and 
enforcement of local ordinances. 
A common rejoinder to these observations, however, points to the undeniable 
fact that pollution and wanton destruction of the environment by man continue 
unabated. The environmental degradation has indeed reached alarming proportions. 
At this early juncture in the 21st century, hindsight provides a view of the radical 
changes brought by the explosion of technological, medical, social, ideological, and 
political innovation during the 1990s. The lives of vast numbers of people were 
transformed during the latter half of those hundred years. The basic forms of 
transportation, horses and other animals, gave way to steam ships, gasoline and diesel- 
fueled cars and the space shuttle. Information technology, the computer and the 
internet allowed any person with a computer to connect with the rest of the world. 
On the other hand, these advancements also provided sophisticated tools for massive 
destruction and death. The developments of the 20th century were made possible by the 
large-scale exploitation of petroleum resources, which offered great amounts of 
affordable energy in a convenient form. 
Hence, the unprecedented levels of pollution and scarcity despite all the national laws 
and the international treaties. The level of pollution increased while supply ebbed and 
new laws were again enacted. Today, global warming scientists warn that the 
environmental threshold is about to be crossed. Nothing short of a revolutionary and 
global change in resource production, use, management and sharing will save the 
world. 
Man must learn to accept and uphold shared responsibility for conservation and 
protection of dwindling and degraded resources, and to accelerate the transfer of 
information and technological innovations among nations. While rapid development of 
petrol-fueled travel characterized the 20th century, this new century must be concerned 
over adaptation and mitigation of the adverse impacts of pollution and scarcity of 
resources so that future generations may enjoy the Earth in their time. 
1 


The Philippine experience reflects these global trends. The challenge for 
Philippine legislation is to be relevant to the times in order to effectively safeguard the 
basic constitutional right of the people to a healthy ecology. 
Reviews of Philippine environmental laws surface a major observation: the 
"weakness" lies in a plethora of sometimes inconsistent legal requirements and 
prohibitions that emerged from the sectoral laws that were passed during the past two 
decades. These rules of specialized and limited scope and focus continue to cause 
confusion to the point that a stop to the enactment of new laws has been suggested. 
This proposed legislative measure seeks instead to support the mandate to 
protect the environment by eliminating the "weakness" and strengthening the policy. 
Legislation must be harmonized by a thread that weaves the different sectors 
into one system and integrates protection and management plans and strategies. 
Through this measure, we propose an over-arching framework for fragmented sectoral 
laws. The insights of the past decades as well as the current context shall inform policies 
that connect and establish strong linkages among the various concerns and across 
national and local levels. 
Major laws after the Code of Kalantiao and the Spanish law on waters include 
the Philippine Environmental Policy, or Presidential Decree No. 1151. It established the 
Environmental Impact Statement System in 1977 as a response to the increasing 
pressure on the environment brought about by accelerated industrialization and urban 
development. The decree required all government and private entities that intend to 
undertake projects or activities that shall have significant impact on the environment to 
submit a statement of such impacts for approval. 
P.D. 1152, or the Philippine Environment Code, launched a comprehensive 
program for environmental protection and management by the National Environmental 
Protection Council. To ensure "public health, safety and general welfare" of present and 
future generations, the Code established management policies for land, forests, 
minerals, flora and fauna, coastal fisheries and energy as well as wastes and disasters. It 
prescribed quality standards for air, noise, and water. 
Sectoral laws like the Forestry Code and the Pollution Control Law were 
promulgated. The National Integrated Protected Areas System Act was passed by 
Congress in 1992 for the preservation of valuable and fragile ecosystems including 
forests, seascapes, landscapes and monuments. To control pollution and its harmful 
effects on health and the environment, the Clean Air Act, R.A. 8749, was approved in 
1999, the Ecological Solid Waste Management Act, R.A. 0003, in 2000, the Clean Water 
Act, R.A. 9275 in 2004, and recently, the Biofuels Act of 2007. In parallel, our global 
obligations have increased by leaps and bounds with the ratification of new 
international treaties on specific areas of concern 
Considering that these sectoral laws were enacted separately, it is to be expected 
that no clear and unequivocal basic principles or "ground rules" were available to guide 
decisions on cross-cutting concerns. The principles that need enunciation could refer to 
the "non-negotiable" such as specific ecosystems that need protection; basic tools for 
monitoring and assessment, the use of economic instruments to compliment current 
command-and-control mechanisms, and the rights, obligations and accountability of 
stakeholders. 
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Such principles can set the tone for a sound and viable environmental 
management system which will guarantee equitable sharing of powers, responsibilities 
and accountabilities as well as relative stability and consistency. As they reflect the 
"state of science", they facilitate determination of the cost of effective technology options 
which must be introduced. They may reflect as well current standards of environmental 
governance such as the incorporation of equity and environmental justice in all 
decisions on natural resources utilization. 
There is indeed a need to set a framework policy that will integrate and 
harmonize sectoral environmental laws and issuances for viable and effective 
management. This proposed piece of legislation identifies and elaborates the principles 
that will form the framework for cross-sectoral laws and their effective implementation 
down to the LGU level. Finally, it proposes the creation of the National Environmental 
Protection Authority (NEPA), a strong and independent agency which will have for its 
sole mandate environmental protection and conservation. 
In view of the foregoing, the passage of this bill is earnestly sought. 
Senator 
3 


FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
~ 
~ 
Introduced by Senator Loren Legarda 
AN ACT 
PROVIDING 
FOR 
THE 
FRAMEWORK 
IN 
THE 
CONSERVATION, 
DEVELOPMENT, MANAGEMENT AND UTILIZATION OF ENVIRONMENT 
AND NATURAL RESOURCES, AND FOR OTHER PURPOSES 
Be if enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
CHAPTER I 
Article 1 
GENERAL PROVISIONS 
SECTION 1. Title. - This Act shall be known as the "Ecological Policy Act of 
2008." 
SECTION 2. Declaration of Policies. - It is hereby declared the policy of the 
State to promote the right of the people to balanced and healthful ecology in accord 
with the rhythm and harmony of nature. Towards this end: 
1. 
Sustainable development shall be the guiding principle in the formulation, 
adoption and implementation of all policies, plans, programs, 
projects, activities and such other undertakings that may affect all 
aspects of the environment. 
2. 
Recognizing that diverse and healthy environment and natural resources 
are a critical component of social and sustainable economic 
development, the State shall manage such resources and address 
competing human demands in order to attain optimum social and 
1 


economic benefits without undermining crucial ecosystem 
functions. 
3. 
Access to and use of environment and natural resources for production, 
livelihood, or other ecosystem services within the context of 
sustainable development are to be equitably granted by the State. 
4. 
The management, utilization and development of natural resources shall 
take into account the particular geologic, hydrologic, and eco- 
cultural characteristics of the Philippine archipelago, and in 
particular, shall consider global and local vulnerabilities to natural 
and anthropogenic disasters that endanger lives and the 
environment as well as opportunities for the enhancement of life 
support functions and services provided by ecosystems. 
5. 
The management of environment and natural resources is a shared 
responsibility among the national government, local government, 
community, private sector and all stakeholders, consistent with the 
principles 
of 
decentralization, 
devolution, 
transparency, 
accountability and informed public participation. 
6. 
The State, through its various instrumentalities and in partnership with 
the private sector, shall provide environmental information and 
education to enhance the capabilities of local government units 
(LGUs), citizens, organizations and communities for participation 
in local environmental planning and management and for 
sustainable development of natural resources. 
7. 
The management, utilization and development of environment and 
natural resources shall take into account the Philippine obligations 
and commitments in relevant international agreement to which the 
Philippine is a signatory. 
2 


SEC. 3. Definition 0fTemz.s. - For purposes of this Act, the following terms: 
a) Air - shall refer to the atmosphere and all its surroundings; 
b) Biodiversity - shall refer to the variation of life forms within a given ecosystem, 
biome, or for the entire Earth. Biodiversity is often used as a measure of the 
health of biological systems; 
c) Civil Society Ouganizutions - shall refer to formal non-government organizations 
registered or recognized as such by a competent government body, including 
legally organized associations or networks of similar organizations; 
d) Department - shall mean the Department of Environment and Natural Resources 
e) Ecosystem - shall refer to a dynamic self-regulating unit of interrelated collection 
of living and non-living components that affect each other in complex 
exchanges of energy, nutrients and wastes. 
f )  Ecosystem sewices - shall refer to benefits from a multitude of resources and 
processes that are supplied to humankind by natural ecosystems, including 
products like clean drinking water and processes like the decomposition of 
wastes. 
g )  Environmental Guarantee Fund - shall refer to a negotiated amount, on a per 
project basis, that covers expenses for information and communication 
activities by multisectoral teams, any repair or rehabilitation works, and 
compensation for damages attributable to the operation of the project; 
h) Land - shall refer to the ground and the resources under it, and classified into 
agricultural and forest lands; 
i) Murket Bused Instruments (MBIs) - shall refer to instruments or regulations that 
encourage behaviour through market signals rather than through explicit 
directives. They may provide to firms and consumers either incentives to opt 
for greener production or products or disincentives to discontinue activities 
3 


or the consumption of products that cause adverse impacts on the 
environment; 
j) NEPA or Authority - shall mean the National Environmental Protection Authority 
k) Natural Resources - shall refer to materials and conditions occurring in nature 
which are capable of economic gain, benefit or exploitation, including land, 
water and air and everything found in them; 
1) Non-Government Organizations (NGOs) - shall refer to civil society and civic 
organizations organized locally or nationally and registered with the 
appropriate government agency; 
m) Peoples Organizations - shall refer to stakeholders or residents of specific 
communities with common or varied livelihood as well as concern for the 
well being of their communities; 
n) Scient$ 
Organization - shall refer to any organization composed of recognized 
experts in the scientific and/or technological fields, locally or internationally; 
0) Sustainable Development - shall refer to the integration of environment and 
development to ensure that the needs of present and future generations are 
properly met and their quality of life enhanced, through the judicious 
utilization and conservation of assets and resources and the adoption and the 
application of practices, whether indigenous or acquired, which tend to 
preserve or enhance the value of the asset or resource; and 
p) Water - shall include fresh, inland and marine water bodies as well as all 
resources found therein; 
SEC. 4. Goals and Objectives. - This Act shall have the following goals and 
objectives: 
4 


a. To conserve and enhance natural resources for purposes of sustaining 
vital ecological processes and environmental services, promoting 
biodiversity and controlling hazards 
b. To ensure stable and consistent policies on the utilization and 
management of environment and natural resources; 
c. To allow equitable access to and use of environment and natural resources 
within the context of sustainable development; 
d. To guarantee equitable sharing of 
powers, responsibilities and 
accountabilities among the environment and natural resources managers; 
e. To set and institutionalize a policy that would integrate and harmonize 
sectoral environmental laws and issuances; 
f. To update environmental policy and keep our system of environmental 
management abreast with current science and the practice of the 
principles of sustainable development; 
: 
g. To create an independent and cabinet-level entity that will effectively lead 
environmental protection functions; and 
h. To provide for more effective participation of stakeholders in the 
planning, finalization and implementation of activities affecting the 
natural environment. 
Article 2 
ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT FRAMEWORK 
SEC. 5. Environment and Natural Resources Management Framework. The 
Environment and Natural Resources Management Framework (ENRMF) shall be 
established for the implementation of this Act. The ENRMF shall serve as the official 
blueprint with which all environmental managers and users must comply with to attain 
5 


the objectives of this Act. Subject to applicable laws and the provisions of this Act, the 
ENRMF shall cover, among others, the following: 
a. 
air 
b. 
water 
C. 
land 
d. 
forest 
e. 
biodiversity 
f. 
genetic resources 
g. 
coastal resources 
h. 
mineralized areas 
i. 
alternative fuels 
j. 
renewable energy 
k. 
waste management 
All departments and relevant government agencies shall participate in the 
formulation and implementation of the ENRMF in accordance with the relevant 
provisions of this Act. 
SEC. 6. Harmonization of Policies and Functions. The ENRMF shall provide for 
the harmonization of government policies and functions. All agencies of government, 
including government-owned and controlled corporations and local government units, 
shall use all practicable means and measures, consistent with other essential 
considerations of national policy, to improve and coordinate plans, functions, 
programs, and resources for purposes of their harmonization. 
All relevant government agencies, including government-owned and controlled 
corporations, and local government units shall review their present administrative 
regulations, and current policies, plans and procedures for the purpose of determining 
whether there are any deficiencies or inconsistencies therein which prohibit full 
compliance with the purposes and provisions of this Act and shall initiate such 
measures as may be necessary to bring their authority and policies into conformity with 
the intent, purposes, and procedures set forth in this Act. 
SEC. 7. Environment and Natural Resources Inventory, Database Management 
and Status Report. The Department, in cooperation with the LGUs, shall undertake 
6 


periodic inventory of the. status of the environment and natural resources of all 
provinces and municipalities and shall submit annual status reports to the Executive 
and to Congress. 
For the implementation of this provision, the Department shall review its 
national, regional and local institutional capabilities to determine any deficiencies 
which prohibit full compliance with this Section and shall initiate such measures as may 
be necessary to achieve capacity for compliance. 
SEC. 8. Environment and Natural Resources Accounting. The Department, in 
cooperation with the National Statistical Coordination Board, shall strengthen 
environmental and natural resources accounting institutionalized under Executive 
Order 406, series of 1997 for purposes of enhancing the indicator of sustainable 
development and improving current efforts to consider an adequate value for natural 
capital or ecosystem services in socio-economic decisions and establish a reliable 
database on social valuation estimates of environmental services. 
SEC. 9. Environment and Natural Resources Monitoring and Evaluation. The 
ENRMF shall include a more effective approach to pollution control that shall not only 
identify pollutants, but shall: 
a) trace them through the entire ecological chain, observing and 
recording changes in form as they occur; 
b) determine the total exposure of man to his environment; 
c) examine interactions among forms of pollution; and 
d) identify where in the ecological chain interdiction would be most 
appropriate. 
SEC. IO. Education in Environment and Natural Resources in Formal and Non- 
formal Curricula. In recognition of the vital role of youth in nation building and the role 
of education to foster patriotism and nationalism, accelerate social progress, and 
promote total human liberation and development, the State shall promote national 
awareness on the role of natural resources in economic growth and the importance of 
environmental conservation and ecological balance towards sustained national 
development among the Filipino youth. 
7 


Pursuant to the foregoing policy, the Department of Education (DepEd), the 
Commission on Higher Education (CHED), and Technical Education and Skills 
Development Authority (TESDA), shall ensure that the curricula of primary, secondary 
and tertiary public and private educational institutions, including non-formal, 
indigenous learning and out-of-school program, incorporate the state of the Philippine 
and global environment, the threats of environmental degradation and its impact on 
human well-being, and the value of natural resources conservation and protection in 
the context of sustainable development. The curricula shall incorporate actual activities 
to conserve natural resources, including, but not limited to, tree planting activities; 
recycling and composting 'programs; marine conservation programs; forest 
management and conservation; and other such programs to aid the implementation of 
the different environmental protection laws. 
SEC. 11. Market-Based Instruments. Whenever applicable, and where the proper 
enabling conditions are in place, market-based instruments such as fees, charges, 
targeted subsidies, emissions trading, tradeable effluent permits, and the pollution levy 
system shall be incorporated into the regulatory framework. The relevance of 
alternative policy instruments, including market-based instruments, shall be examined 
to identify options for greater flexibility, efficiency, and cost effectiveness in pollution 
control and environmental management. 
MBIs allow firms the flexibility to make different adjustments in response to their 
unique business structures and opportunities. Incentives to discover cheaper ways to 
achieve outcomes provide dynamic ways of reducing the future costs of achieving 
targets. Through the application of MBIs, the creation of an environment that 
encourages cooperation and self-regulation among polluters may be facilitated. 
SEC. 12. Environmental User's Fee. Environmental user's fees for the utilization 
of natural resources may be imposed. Provided, that the fees collected shall accrue to a 
revolving fund to be administered and be utilized exclusively for conservation, 
rehabilitation and sustainable management of the environment. 
SEC. 13. Incentives. - Incentives provided under existing laws shall remain 
available to concerned entities. Appropriate incentives for individuals, groups, local 
government units and other entities who consistently comply with this Act and other 
8 


environmental laws, rules and regulations shall be formulated and administered to 
encourage compliance with this Act. 
A special incentive system shall likewise be established for the purpose of giving 
recognition and for promoting exemplary community leadership, cooperation, and 
collaboration in the preservation and enhancement of the environment and natural 
resources of fragile island and other ecosystems. 
CHAPTER I1 
Article 1 
ENVIRONMENTAL MANAGEMENT 
SEC. 14. Pollution Management. In accordance with ecologically sustainable 
development principles, the State shall protect public health and the environment by 
promoting environmentally sound methods for optimum utilization of natural 
resources, encouraging resource conservation and recovery, and setting guidelines and 
targets for the avoidance and/or reduction of pollution of air, water and land. 
Best practice for real-time monitoring of ambient air and water quality and 
quantity as well as of forest cover, land use change, rainfall, temperature, etc. shall be 
established. Such systems shall provide good information regarding trends as well as 
aberrations from normal baseline values that may be critical for the protection of public 
health, safety and general welfare. Such information which shall be valuable in 
identifying the source/s of aberrant findings and the appropriate remedies that may be 
applied shall be made accessible to the public. 
Private sector participation and cooperation in pollution prevention, control, and 
information dissemination shall be encouraged and duly recognized in consonance with 
the principles of shared accountability. Wherever possible, the communities may be 
involved in actual data gathering for monitoring of selected phenomena. Primary 
responsibility for solid waste management shall remain with the LGUs in accordance 
with the Local Government Code. 
9 


Access to technical assistance for capacity building of LGUs and their partners 
shall be facilitated. For the recognition of exemplary compliance with their 
environmental responsibility and to encourage others to do the same, awards and 
incentive programs shall be initiated and granted to qualified LGUs and their partners. 
SEC. 15. Environmental Guarantee Fund. All initiatives that are classified as 
environmentally critical projects in accordance with existing law shall be required to set 
up an environmental guarantee fund which shall comprise of three parts: (1) a 
multisectoral fund allocated expressly for environmental monitoring by a multiparty 
monitoring team: (2) a trust fund set aside for damage compensation to aggrieved 
parties, and to finance environmental restoration and the rehabilitation of 
environmental quality caused by project operations; and (3) a cash fund to be used by 
companies in implementing environmental projects. The fund shall be managed by a 
multisectoral group made up of community and local government representatives, the 
regional representative of the national agency mandated with environmental 
management, and industry representatives. 
Article 2 
NATIONAL ENVIRONMENTAL PROTECTION AUTHORITY 
SEC. 16. Creation of the National Environmental Protection Authority. - To 
implement the policy on Environmental Management of this Act, there is hereby 
created the National Environmental Protection Authority, hereinafter referred to as the 
Authority, which shall be created within One hundred twenty (120) days after the 
effectivity of this Act. The Authority shall be under the general supervision of the Office 
of the President. 
SEC. 17. Purposes of the Authority. - The Authority shall have the following 
purposes: 
a) To enforce the provisions of laws enacted for the prevention or control of air, 
water and land pollution, including the proper disposal of wastes and the 
environmental impact assessment (EIA) system; 
b) TO adopt, revise, promulgate and prescribe policies, rules and regulations and 
environmental quality standards consistent with laws enacted for the 
prevention and control of pollution; 
10 


c) To evolve an integrated, multi-sectoral and multi-disciplinary approach which 
shall implement the following: 
i. 
Development of a research program pertaining to environmental 
protection, pollution prevention, control and management, and an 
information system to support information dissemination campaigns; 
Monitoring and evaluation of the implementation of all laws relating 
to the regulation and control of activities that have an impact on the 
maintenance of a wholesome natural environment, for the adoption or 
recommendation of necessary measures thereon; 
Establishment and implementation of a combined system of pollution 
fees or charges and other market-based instruments, fines and 
penalties linked to an operating principle that the user or polluter shall 
bear responsibility for payment, and creating the necessary incentives 
to recycle and re-use resources to abate, reduce, neutralize, or 
otherwise minimize or prevent pollution; 
Adoption and promulgation of rules and regulations governing the 
procedures of the Authority with respect to hearings, the filing of 
reports, the issuance and/or review of all permits and other rules and 
regulations for the proper implementation and enforcement of this Act, 
pollution laws and the EIA System; 
Promotion of cooperation and greater people participation and private 
initiative in environmental protection, pollution prevention, control 
and management 
Conduct information dissemination, education and training programs 
relating to environmental protection, pollution prevention, control and 
management; 
Consultation and interaction with and deputization of appropriate 
government agencies or instrumentalities for the purpose of enforcing 
the provisions and objectives of this Act; 
ii. 
iii. 
iv. 
V. 
vi. 
vii. 
d) To exercise powers that are necessary or expedient for, or incidental to, the 
performance of its functions. 
SEC. 18. Place of Business. - The Authority shall establish its principal office in 
Metro Manila but may establish and maintain field offices or other units as may be 
necessary to administer its responsibilities. It may reorganize or abolish the same as it 
11 


may deem proper. Provided, that there shall be at least one office in every administrative 
region of the country. 
SEC. 19. Appropriations.'- The sum of money appropriated in the immediately 
preceding annual general appropriations for the Environmental Management Bureau 
(EMB) of the Department of Environment and Natural Resources shall be re- 
appropriated to the Authority upon the effectivity of the Act, for its first year of 
operation. Thereafter and within the next five (5) years, there shall be appropriated 
annually from the funds in the national treasury the sums of money as may be allocated 
in the amount of not less than five times the sums of money so appropriated annually to 
EMB prior to the effectivity of the Act, whichever is higher. 
SEC. 20. Regulatory Fees. - The Authority may impose reasonable fees for the 
issuance of permits and for periodic monitoring and inspection of pollution control or 
waste collection, processing or disposal facilities. 
SEC. 21. Organization of the Authority - The Director General shall serve as the 
Chief Executive of the Authority. He shall be appointed by the President of the 
Philippines, and shall enjoy the status, rank and compensation equivalent to that of a 
Cabinet Secretary. The Director General shall possess qualification and experiences 
relevant to environmental protection and management, and shall serve for a period of 
seven (7) years. 
SEC. 22. Duties and Powers of the Director General. - The principal 
responsibility for the implementation of the mandate of the Authority shall be vested in 
the Director General. As such, he shall have the following duties and powers: 
a) Exercise general supervision and control over the operations of the Authority; 
b) Execute and administer environmental implementing rules and regulations, 
environmental quality standards, and environmental plans, programs and 
projects; 
c) Submit for consideration of the President such policies and measures which he 
believes to be necessary to carry out the purposes and provisions of this Act 
and of relevant promulgated environmental laws; 
12 


d) Appoint officials and employees below the rank of Assistant Director-General to 
positions in the approved budget upon written recommendation of the 
Assistant Director-General concerned in accordance with the merit system 
established by the Authority;  and^ 
e) Perform such other duties and powers of the Authority that are necessary or 
expedient for, or incidental to, the performance of its functions as conferred 
by the President. 
SEC. 23. Ovganizational Structuve ofthe Authority. - The Director General shall 
be assisted by Deputy Director or Directors-General, who shall be responsible for the 
major office or offices of the Authority organized accordingly for national or central 
support and regional or field management. 
The Deputy Director or Directors-General shall be responsible for the 
supervision of his office or their respective offices. They may be assisted, in carrying out 
their functions, by Assistant Directors-General. There shall be established a 
coordinating staff for and within the established office or each of the offices of the 
Assistant Directors-General. 
Each division or field office established under the national or central support and 
regional management office or offices that shall be headed, respectively, by a Division 
or Regional or Field Director, and assisted by an Assistant Director or Assistant 
Regional or Field Director. Provided, however, that the offices that shall be established 
within the Authority shall cover the following functions: 
a) environmental planning and policy; 
b) environmental research; 
c) environmental and management information system; 
d) environmental education and training; 
e) environmental regulation; 
f) standard setting; 
g) legaI; and 
h) administrative and finance. 
13 


CHAPTER 111 
Article 1 
ENVIRONMENTAL JUSTICE AND EQUITY 
SEC. 24. Access To Resources. The Department shall create conditions to 
facilitate access to natural resources for environmentally sound uses consistent with the 
Constitution, this Act and other applicable laws. Provided, that access, where granted 
shall be equitable. 
SEC. 25. Community-Based Management of 
Resources. Community-Based 
Management of Resources shall be the primary strategy for addressing the problem of 
open access, where local communities are tasked with monitoring and enforcement in 
exchange for access and use of forest lands and resources. Where applicable and 
beneficial, co-management of resources at the local level shall be the standard 
management model, where the Department and local governments share power in 
deciding on management programs and policies, including authority to grant access 
and use rights. 
Article 2 
GOVERNANCE 
SEC. 26. Government. The Department and its successor shall be the primary 
agency that is tasked to implement the provisions of this Act in relation to the 
utilization of natural resources and the rules and regulations that may be promulgated 
pursuant hereof. 
Pursuant to Chapter I1 of this Act, the Authority shall be the primary agency that 
is tasked to implement the provisions of this Act in relation to the management of 
pollution and the rules and regulations that may be promulgated pursuant hereof. 
SEC. 27. Inter-agency Coordination. Government agencies shall coordinate with 
the Department in the implementation of their respective mandates affecting the 
utilization of natural resources. The agencies shall coordinate with the Authority in the 
14 


implementation of their mandates affecting the management of environmental 
pollution. 
Conflicts in the implementation of their respective mandates relative to the 
management of environmental pollution shall be resolved in favor of the Authority. 
SEC. 28. Stakeholder Participation in Environmental Management. - The 
following shall have the right to participate in all aspects of environmental management 
within their respective jurisdictions, expertise and area of concern: 
a) Non-government organization; 
b) People’s organizations; 
c) Indigenous Peoples; and 
d) Scientific organizations, cultural organizations, professional and other 
organizations. 
These organizations shall be held liable on any action undertaken by their 
respective members, individually or collectively, causing damage on the ecological 
endowments. 
Article 3 
ENFORCEMENT AND ADJUDICATION 
SEC. 29. Enforcement Mechanism. - The Authority, in coordination with 
concerned agencies, local government units and stakeholders, shall establish and 
implement a mechanism for the effective enforcement of the environmental provisions 
of this Act and all environmental laws, rules and regulations. 
SEC. 30. Deputation of Environmental Enforcers. In the enforcement of 
environmental laws, the Authority may deputize non-government organizations, 
people’s organizations, indigenous communities, and professional, civic, cultural, 
scientific and technological organizations within their respective area of activity or 
expertise. 
SEC. 31. Local Government Units. Local government units (LGUs) shall share 
the responsibility in the management of the environment and natural resources within 
15 


their territorial jurisdiction. Consistent with applicable environmental laws, the 
Authority and LGUs shall institute a system of devolution and co-management, 
whenever necessary, in the management of environmental pollution. Likewise, the 
Department and LGUs, consistent with applicable laws on natural resources, shall 
institute a system of devolution and co-management, whenever necessary, in the 
utilization of natural resources. 
SEC. 32. Citizen's Suit. For purposes of enforcing the provisions of this Act or its 
implementing rules and regulations, any citizen may file an appropriate civil, criminal 
or administrative action in the proper courts against: 
(a) Any person who violates or fails to comply with the provisions of this Act or 
its implementing rules and regulations; or 
(b) The Authority, the Department, or other implementing agencies with respect 
to orders, rules and regulations issued inconsistent with this Act; and/or 
(c) Any public officer who willfully or grossly neglects the performance of an act 
specially enjoined as a duty by this Act or its implementing rules and regulations; or 
abuses his authority in the performance of his duties; or, in any manner, improperly 
perform his duties under this Act or its implementing rules and regulations: Provided, 
however, That no suit can be filed until after thirty-day (30) notice has been given to the 
public officer and the alleged violator concerned and no appropriate action has been 
taken thereon. 
The court shall exempt such action from the payment of filing fees, except fees 
for actions not capable of pecuniary estimations, and shall, likewise, upon prirnu fucie 
showing of the non-enforcement or violation complaint of, exempt the plaintiff from the 
filing of an injunction bond for the issuance of a preliminary injunction. 
Within thirty (30) days, the court shall make a determination if' the complaint 
herein is malicious and/or baseless and shall accordingly dismiss the action and award 
attorney's fees and damages. 
16 


SEC. 33. Suits and Strategic Legal Actions Against Public Participation and the 
Enforcement of this Act. - Where a suit is brought against any person, institution or 
government agency that implements this Act, it shall be the duty of the investigating 
prosecutor or the court, as the case may be, to immediately make a determination not 
exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert 
undue pressure or stifle such legal recourses of the person complaining of or enforcing 
the provisions of this Act. Upon determination thereof, evidence warranting the same, 
the court shall dismiss the case and award attorney’s fees and double damages. 
This provision shall also apply and benefit public officers who are sued for acts 
committed in their official capacity, there being no grave abuse of authority, and done 
in the course of enforcing this Act. 
SEC. 34. Adjudication. - Conflicts involving the administration of a rule or 
regulation including standards, tests and valuation of natural resources, shall be 
resolved by the Department and its attached agencies. Conflicts involving the 
administration of a rule or regulation including environmental pollution standards, 
tests, and valuation of resources for rehabilitation shall be resolved by the Authority. In 
resolving conflicts, the Department or the Authority may avail of the services of experts 
or professionals with the consent of the parties involved and under accepted rules of 
mediation and arbitration. 
Violations of anti-pollution law and its implementing rules shall be referred to 
the Pollution Adjudication Board or its successor. 
The Court shall resolve conflicts on the interpretation of law, rule and regulation. 
Costs shall be shouldered by the parties involved. 
Article 4 
MISCELLANEOUS PROVISIONS 
SEC. 35. Appropriations. - The amount necessary for the initial implementation 
of this Act shall be charged to the appropriations of the Department of Environment 
and Natural Resources under the current General Appropriations Act and in 
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accordance with Section 19 of this Act. Thereafter, the amount necessary for the 
continuous implementation of this Act shall be included in the annual General 
Appropriations Act. 
SEC. 36. Joint Congressional Oversight Committee. - There is hereby created a 
Joint Congressional Oversight Committee to monitor the implementation of this Act 
and to oversee the functions of the Authority and the Department. The Committee shall 
be composed of five (5) Senators and five (5) Representatives to be appointed by the 
Senate President and Speaker of the House of Representatives, respectively. The 
Oversight Committee shall be co-chaired by a Senator and a Representative designated 
by the Senate President and the Speaker of the House of Representatives, respectively. 
SEC. 37. Transitory Provision. - Pending the establishment of the framework 
under Sec. 5 hereof, the Authority under Sec. 16 and promulgation of the IRR under Sec. 
39 of this Act, existing laws, regulations, programs and projects on environment and 
natural resources management shall be enforced: Provided, That for specific 
undertaking, the same may be revised in the interim in accordance with the intentions 
of this Act. 
Sec. 38. Reports to Congress. - The Authority shall report to Congress not later 
than March 30 of every year following the approval of this Act, giving a detailed 
account of its accomplishments and progress in environmental management during the 
year and make the necessary recommendations in areas where there is need for 
legislative action The Department shall likewise report to Congress not later than March 
30 of every year following the approval of this Act, giving a detailed account of its 
accomplishments and progress in natural resources management during the year and 
make the necessary recommendations in areas where there is need for legislative action 
Article 5 
FINAL PROVISIONS 
SEC. 39. Implementing Rules and Regulations. - The Authority and the 
Department, in coordination with the Committees on Environment and Natural 
Resources and Ecology, House of Representative and the Committee on Environment 
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and Natural Resources in the Senate and other concerned agencies, shall promulgate the 
implementing rules and regulations for this Act, within one (1) year after its effectivity. 
The draft of the implementing rules and regulations shall be subject to public 
consultation. 
SEC. 40. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
SEC. 41. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, all other provisions not affected thereby shall remain in full force and 
effect. 
SEC. 42. Effectivity Clause. - This Act shall take effect 15 days after publication 
in two (2) newspapers or gazettes of general circulation in the Philippines. 
Approved, 
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