SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
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'17 JUL26 P5S4
SENATE 
S. No. 152.?
RECtlVtU b,'.
Introduced by Senator JUAN MIGUEL F. ZUBIRI
AN ACT
CREATING THE ENVIRONMENTAL PROTECTION AGENCY OF THE 
PHILIPPINES, THEREBY AMENDING EXECUTIVE ORDER 192, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In recent years, the influx of technology brought about by globalization has 
spawned various products and processes having various effects on the 
environment, specifically how these contribute to environmental pollution. While 
pollution and continued degradation of the environment is a battle continuously 
fought by the government, the government's environmentally-related activities 
have grown up piecemeal over the years. Many agency missions, for example, are 
designed primarily along media lines -  air, water and land. Yet the sources of air, 
water and land pollution are interrelated and often interchangeable.
Likewise, almost every part of government is concerned with the 
environment in some way, and affects it in some way. Yet each department also 
has its own primary mission -  such as resource development, transportation, 
health, defense, urban growth or agriculture -  which necessarily affects its own 
view of environmental questions.
As presently structured, the Department of Environment and Natural 
Resources (DENR) is the primary agency tasked to implement our environmental 
laws and policies, as well as managed the utilization of our natural resources. 
However, the certainty of clashing of interests between environmental protection 
and conservation on the one hand and utilization of natural resources on the other 
would be unavoidable. And that puts DENR officials and employees in an uneasy 
position and difficult balancing act.
Also, if the critical standard-setting functions were centralized within any 
one existing department, it would require that department to constantly make 
decisions affecting other departments -  in which, whether fairly or unfairly, its own 
objectivity as an impartial arbiter could be called into question. And because 
environmental protection cuts across so many jurisdictions, and arresting 
environmental deterioration is of great importance to the quality of life not only in 
our country but also to the world, it is believed that a strong, independent agency 
from the current Department of Environment and Natural Resources is needed.


That agency would, of course, work closely with and draw upon the 
expertise and assistance of other agencies having experience in the environmental 
area which is hoped to lead to a far more effective approach to pollution control 
by: a) identifying pollutants; b) tracing them through the entire ecological chain, 
observing and recording changes in form as they occur; c) determining the total 
exposure of man and his environment; d) examining interactions among forms of 
pollution; and e) identifying where in the ecological chain interdiction would be 
most appropriate.
Thus, the time has come to organize our laws and the government's 
environmentally-related activities rationally and systematically. There is a need for 
a separate agency devoted solely to anti-pollution programs -  addressing the 
effects of pollution through knowing more about the total environment -  land, 
water and air.
The Environmental Protection Agency of the Philippines is such an agency. 
It shall only deal with matters that have a relation only to the protection, 
preservation and enhancement of the environment. It does not have a narrow 
charter to deal with only one aspect of a deteriorating environment; rather it has 
a broad responsibility for research, standard-setting, monitoring and enforcement 
with regard to five environmental hazards; air and water pollution, solid waste 
disposal, radiation and pesticides.
In view of the foregoing, the early passage of this bill is earnestly sought.
3UAN MIGUEL F. ZUBIRI


SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE P H ILIP P IN E S  ) 
Second Regular Session 
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n i l 1 r > fftln ry
*17 JUL26 P5 54
SENATE
s. No. 1523
RECtlVtO D.‘.
In tro d u c e d  by S e n ato r JUAN M IG UEL F. Z U B IR I
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AN ACT
CREATING THE ENVIRONMENTAL PROTECTION AGENCY OF THE 
P H ILIP P IN E S , THEREBY AM ENDING  EXECUTIVE ORDER 192,
APPRO PRIATING  FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled.
S ection 1. Short Title. This Act shall be known as the "Environmental 
Protection Agency Act o f 2017".
S ection 2. Declaration o f State Policy. It is hereby declared the policy of 
the State to ensure the conservation of the country's forest, mineral, land and off­
shore 
areas and 
other natural 
resources, 
including 
the 
protection 
and 
enhancement of the quality of the environment. It is also the policy of the State 
to recognize and apply a true value system including social and environmental cost 
implications relative to their utilization, development and conservation of our 
natural resources.
S ection 3. Creation o f the Agency.
(a) There is hereby created the Environmental Protection Agency of the 
Philippines to be placed under the Executive Branch, hereinafter referred to 
as "EPA."
(b) The EPA shall be headed by a Chairman, appointed by the President, with 
a Cabinet Rank and with the salary and privileges of that of a Department 
Secretary.
(c) The Chairman shall be assisted by a Vice-Chairman who shall be appointed 
by the President and with the rank, salary and privileges of a Department 
Undersecretary.


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(d) There shall be in the EPA, Regional Executive Directors who shall monitor
and enforce environmental laws at the regional level. He/she shall have
the necessary staff support.
S ection 4. Mandate. The EPA shall be the primary arm of the government 
responsible for the conservation and protection of the country's environment and 
natural resources.
S ection 5. Powers and Functions. To accomplish its mandate, the EPA 
shall have the following functions:
(a) Establish and enforce environmental protection standards consistent 
with national environmental goals;
(b) Conduct research on the adverse effects of pollution and on methods 
and equipment for controlling it;
(c) Gathering of information on pollution;
(d) Use 
such 
information 
gathered 
in 
strengthening 
environmental 
protection programs and recommending policy changes;
(e) Assisting others, through grants, technical assistance and other means, 
in arresting pollution of the environment;
(f) Advise the President and the Congress of the Philippines on the 
enactment of laws relative to the conservation of the country's natural 
resources and environmental protection;
(g) Formulate, implement and supervise the government's policies, plans 
and programs pertaining to the conservation, development and
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replenishment of the country's natural resources;
(h) Promulgate rules and regulations in accordance with the law governing 
the exploration, conservation, development, extraction, disposition, use 
and such other commercial activities tending to cause the depletion and 
degradation of our natural resources;
(i) Undertake exploration, assessment, classification and inventory of the 
country's natural resources using any and all available technology that 
would carry out the mission and mandate of the EPA;
(j) Promote proper and mutual consultation with the private sector 
involving the utilization of natural resources, its development and 
conservation;
(k) Undertake geological surveys of the whole country including its 
territorial waters;
( l) Establish policies and implement programs for the:


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1. Accelerated inventory, surveys and classification of lands, forest, 
and mineral resources using appropriate technology, to be able 
to come up with a more accurate assessment of resource quality 
and quantity;
2. Preservation of cultural and natural heritage through wildlife 
conservation and segregation of national parks and other 
protected areas; and
3. Maintenance of a wholesome natural environment by enforcing 
environmental protection laws.
(m) Assume responsibility for the assessment, development, protection, 
conservation, and regulation as provided for by law, where applicable, 
of all natural resources and the enforcement of natural resources laws, 
rules and regulations;
(n) Oversee, supervise and police our natural resources; to cancel or cause 
to cancel such privileges and arrangement; to close and cause the 
closure of establishments, after due process, upon failure, non- 
compliance or violations of any laws, rules and regulations, orders and 
for all other causes which contravene the objective of conserving and 
protecting the country's natural resources and others supportive 
objectives of the national interest;
(o) Promulgate rules and regulations for the control of water, air and land 
pollution;
(p) Promulgate ambient, and affluent standards for water and air quality 
including the allowable levels of other pollutants and radiations;
(q) Promulgate policies, rules and regulations for the conservation of the 
country's genetic resources and biological diversity and endangered 
habitat;
(r) Formulate an integrated, multi-sectoral and multi-disciplinary National 
Conservation Strategy, which will be presented to the cabinet for the 
President's approval;
(s) Exercise other powers and functions and perform such other acts as 
may be necessary, proper or incidental to the attainment of its mandates 
and objectives;


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S ection 6. Organizational Structure. The EPA shall consist of the Agency 
Proper, 
the 
staff 
offices, 
the 
staff 
bureaus, 
and 
the 
regional/provincial/city/municipal offices.
The Agency Proper shall consist of the following:
a. Office of the Chairman;
b. Office of the Vice-Chairman;
c. Public Affairs Office; and
d. Pollution Adjudication Office.
The line Bureaus on the other hand, shall be composed of:
a. Protected Areas and Wildlife Bureau; and the
b. Environmental Management Bureau.
The field offices shall consist of all the department's regional offices, the 
provincial offices and the municipal offices.
S ection 7. Public Affairs Office. There is hereby created a Public Affairs 
Office, under the Office of the Chairman, to be headed by a Director and assisted 
by an Assistant Director, which shall serve as the public information arm of the 
Agency. It shall be responsible for disseminating information on natural resources 
development policies, plans, programs and projects; and respond to public queries 
related to the development and conservation of natural resources.
S ection 8. Transfers to Environmental Protection Agency.
I. 
These are hereby transferred to the EPA:
a. The 
powers, 
functions, 
duties 
and 
responsibilities 
of 
the 
Environmental 
Management 
Bureau 
of 
the 
Department 
of 
Environment and Natural Resources as well as all its functions and 
powers under Section 16 of Executive Order 192;
b. The Protected Areas and Wildlife Bureau of the Department of 
Environment and Natural Resources as well as all its functions and 
powers under Section 18 of Executive Order 192;
c. The Pollution Adjudication Board of the Department of Environment 
and Natural Resources as well as all its functions and powers under 
Section 19 of Executive Order 192;
d. The control and administration of the National Integrated Protected 
Area System under Republic Act 7586 otherwise known as the NIPAS 
Act of 1992;


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e. The powers and functions of the DENR under Sections 5 ,1 4 ,1 6 ,1 7 , 
18, and 21 of Republic Act 7586;
f. The powers, functions and duties of the National Water and Air 
Pollution Control Commission under Republic Act 3931 except such 
powers and functions as provided for under Section 6a paragraphs 6 
and 7, and Section 7 paragraph b relating to the power to hold public 
hearings in relation to denying, revoking, or modifying a permit;
g. The powers, functions and responsibilities of the DENR under of 
Republic Act 6969 otherwise known as An Act To Control Toxic 
Substances and Hazardous and Nuclear Wastes Providing Penalties 
For Violations Thereof, and for other purposes;
h. The Inter-Agency Technical Advisory Council as well as its functions 
as provided for under Section 7 of Republic Act 6969;
i. 
All powers, functions, duties and responsibilities of the Department 
of Agriculture and of the Department of Environment and Natural 
Resources in relation to conservation, preservation, anti-pollution 
and other functions appurtenant thereto under Republic Act 8550 
otherwise known as the Philippine Fisheries Code;
j. The functions, powers, duties and responsibilities of the DENR as 
well as the functions, powers, duties and responsibilities of Local 
Government Units under Republic Act 8749 otherwise known as the 
Clean Air Act except:
1. such powers, functions, duties and responsibilities relating 
to the issuance of permits as provided under Section 16; 
and
2. such functions, powers, duties and responsibilities under 
Section 22 relating to the issuance of a Certificate of 
Conformity (CoC)
k. The powers, functions, duties, responsibilities and role of the 
Department of Environment and Natural Resources under Republic 
Act No. 9003 except the issuance of the Environmental Compliance 
Certificate (ECC) as required under Section 38 of Republic Act No. 
9003;
l. 
The powers, functions, duties and responsibilities of the National 
Solid Waste Management Commission as established under Republic 
Act No. 9003;


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m. The functions, duties and responsibilities of the National Ecology 
Center as established under Section 7 of Republic Act No. 9003;
n. The powers, functions, duties and responsibilities of the Department 
of Environment and Natural Resources under Republic Act No. 9072 
except the issuance of permits as provided for under Section 5 
paragraph c;
0. The powers and functions of the DENR under Republic Act 9147 
relating to the conservation and protection of wildlife species and 
their habitats;
p. Such other powers, functions, duties and responsibilities of various 
government departments and agencies tasked under existing laws 
relating to the abatement of pollution.
II. These are hereby transferred to the Chairman:
a. The 
powers and 
functions as well 
as 
the 
advisory 
and 
recommending powers and appointing powers of the Secretary of 
the DENR under Sections 6, 7, 10 and 11 of Republic Act 7586 
otherwise known as the NIPAS Act of 1992;
b. Functions of the Ministry of Human Settlements as provided for 
under Section 4 of Presidential Decree 1586;
c. The powers and functions of the Secretary of the DENR as provided 
for under Section 10 of Republic Act 6969;
d. Functions of the Secretary of the Department Environment and 
Natural Resources with respect to being the head of a Governing 
Board under Section 9 of Republic Act No. 8749;
e. The powers, functions, duties and responsibilities of the Secretary 
of the Department of Environment and Natural Resources under 
Republic Act 9003 otherwise known as the Ecological Solid Waste 
Management Act;
f. 
Such other powers, functions, duties and responsibilities of heads 
of various government departments and agencies which is related 
to the abatement of pollution.
S ection 9. Performance o f transferred functions. The Chairman may from 
time to time make such provisions as he/she shall deem appropriate authorizing 
the performance of any of the functions transferred to him by the provisions of


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this Act by any other officer, or by any organizational entity or employee, of the 
EPA.
S ection 10. Incidental Transfers.
(a) So much of the personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, 
held 
available, or to be made available in connection with the functions 
transferred to the Chairman or the EPA by this reorganization and/or its 
creation as the Secretary of the Department of Budget and Management 
shall determine shall be transferred to the EPA at such time or times as the 
Secretary shall direct.
(b) Such further measures and dispositions as the Secretary of the Department 
of Budget and Management shall deem to be necessary in order to 
effectuate the transfers shall be carried out in such manner as he shall 
direct and by such agencies as he shall designate.
S ection 11. 
Organizational Provisions. In accomplishing the acts of 
organization herein prescribed, the organization of the EPA shall in no way 
displace, dislocate or demote the personnel of concerned bureaus, agencies and 
other government instrumentalities but rather shall be absorbed, streamlined, and 
rationalized.
S ection 12. Interim  Officers.
(a) The President may authorize any person who, immediately prior to the 
effective date of this Act, is immediately known as a staunch advocate of 
the preservation, protection, and conservation of the environment to act as 
Chairman until the office of Chairman is for the first time filled pursuant to 
the provisions of this reorganization plan or by interim appointment, as the 
case may be.
(b) The President may similarly authorize any such person to act as Vice- 
Chairman, authorize any such person to act as Regional Executive Director, 
and authorize any such person to act as the head of any principal 
constituent organizational entity of the EPA.
(c) The President may authorize any person who serves in an acting capacity 
under the foregoing provisions of this section to receive the compensation 
attached to the office in respect of which he/she so serves. Such 
compensation, if unauthorized, shall be in lieu of, but not in addition to, 
other compensation from the Government of the Republic of the Philippines 
to which such person may be entitled.


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S ection 13. Structure and Staffing Pattern. The positions, structure, and 
staffing pattern of the EPA shall be approved and prescribed by the Chairman 
within sixty (60) days from the effectivity of this Act and the authorized positions 
created thereunder shall be filled with regular appointments by him or by the 
President as the case may be.
In no case shall the new position structure and staffing pattern of the EPA 
affect the existing position and structure and staffing patterns of the different 
bureaus and governmental agencies absorbed or hereby transferred to the 
Agency.
S ection 14. Periodic Performance Evaluation. The EPA is hereby required 
to formulate and enforce a system of measuring and evaluating periodically and 
objectively the performance of the EPA and submit the same annually to the 
President, and to the Senate and House of Representatives.
S ection 15. Notice o r Consent Requirement 
If any organizational 
or 
reorganizational change herein authorized is of such substance or materiality as to 
prejudice third persons with rights recognized by law or contract such that notice 
to consent of creditors is required to be made or obtained pursuant to any 
agreement entered into with any of such creditors, such notice or consent 
requirement shall be complied with prior to the implementation of such 
organizational or reorganizational change.
S ection 16. Funding. 
Appropriations 
earmarked for the concerned 
bureaus to include the Environmental Management Bureau (EMB), the Protected 
Areas and Wildlife Bureau (PAWB), and other government instrumentalities that 
have been streamlined; and the funds appropriated for environmental laws now 
under the administrative and operational jurisdiction of the EPA; and 
foreign 
grants, assistance, donations shall hereby constitute the funding requirements of 
the EPA.
S ection 17. Implementing Authority o f the Chairman. The Chairman shall 
issue such orders, rules and regulations and other issuances as may be necessary 
to ensure the effective implementation of the provision of this Act.
S ection 18. Separability Clause. If for any reason, any part of or provision 
of this Act is declared unconstitutional or invalid, such parts not affected thereby 
shall remain in full force and effect.
S ection 19. Repealing Clause. 
Any law, executive order, letter of 
instruction, rules and regulations, circulars, issuances or any part thereof


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inconsistent with any of the provisions of this Act is hereby repealed, modified or 
amended accordingly.
S ection 20. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation.
Approved,