Eighteenth Congress
Second Regular Session

HOUSE BILL No. _6973

Introduced by
REPRESENTATIVE LOREN B. LEGARDA

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

COVID-49 is a zoonotic disease considered by many scientists to have
originated primarily from bats and transmitted through an intermediary host, the
pangolin, which is most probably the most trafficked mammal globally. With increasing
habitat destruction from conversion through logging and encroachment, to poaching
and the illegal transshipment of wildlife, there are increasing risks of zoonotic diseases
due to the degradation of habitats, which will Increase human-wildlife interactions. The
Philippines is playing a notoriously substantial role in this illegal trade, not only as a
poaching area and transshipment point, but the country has also increasingly become
an end destination of exotic pets. Even at the height of COVID-19 quarantine
measures, the illegal trade of wildlife went on in online forums or social media pages,
and illegal logging is still being reported in the field. DENR estimated that the total
value of wildlife trafficking alone is at 50 billion pesos and illegal logging data if
aggregated could even be higher. The estimates do not include trafficking done
through the Philippines.

In addition to these violations are equally serious environmental threats such
as pollution laws on wastewater, solid waste, hospital, and hazardous wastes as well
as infraction of protected area laws, rules and regulations. Weak enforcement of these
laws has brought numerous issues with tremendous economic problems.

This representation seeks to support the initiative within the Department of
Environment and Natural Resources (DENR) to professionalize and institutionalize
law enforcement in the agency by creating an Environmental Protection and
Enforcement Bureau (EPEB) through congressional action.

Through the EPEB, DENR will be able to strengthen its environmental law
enforcement capacity and its synergy with other agencies having environmental law


enforcement duties. The bill calls for the full capacitation of DENR enforcers through
an enforcement academy similar to that of the Philippine National Police (PNP),
National Bureau of Investigation (NBI) or the Bureau of Fisheries and Aquatic
Resources (BFAR) where agents can learn skills and techniques normally taught to

- mainstream law enforcement agencies. The EPEB will allow for the DENR to target
the syndicates responsible for wildlife and timber trafficking, transporting these
through our country's borders with the potential to bring in diseases and pests that
may threaten our own species, or may become zoonotic in nature. In terms of pollution
control and the law on hazardous materials, the EPEB can improve its capabilities to
detect and stop these violations, especially those involving hospital wastes and
discharges by pollutive industries.

The EPEB will utilize advanced skills training on crime scene forensics,
intelligence, surveillance and investigation, DNA and other criminalistics to go after
high-profile perpetrators and build up cases on entire networks of traffickers rather
than just the low-level poachers. The forensics lab contained in the proposed law will
cover the.entire range of needs of the DENR to address violations of most, if not all,
environmental laws, including logging, wildlife poaching, toxic contaminations,
pollution and hazardous materials and wastes. It will grow organically, funded from
DENR's own budgets and supplementally from other sources.

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

eee nitceana


Eighteenth Congress
Second Regular Session

HOUSE BILL No. 6973

Introduced by
REPRESENTATIVE LOREN B. LEGARDA

AN ACT
CREATING THE ENVIRONMENTAL PROTECTION ANDENFORCEMENT
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 Philippines in
congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Environmental

Protection and Enforcement Bureau (EPEB)".

SEC. 2. Declaration of Policy. — Its the policy of the State to:

a) maintain an effective, competent, modern 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
thythm 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;


c) formulate plans and programs relative to environment and natural

a)

resources protection to enhance and modernize capacities to address all
types of environmental crimes, including transnational/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.

SEC. 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

b)

°)

)

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.

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

e)

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)

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).

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 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 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 Plan 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.

©) 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.

SEC. 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.

SEC. 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 an¢- supervision of the Secretary. .

SEC. 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;

¢) Initiate the filing of appropriate cases and/or proceedings;


* d) 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;

e) 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;

Calll on the Department of Justice (DOJ), Philippine National Police (PNP),

‘Armed Forces of the Philippines (AFP), the National Bureau of Investigation

(NBI),-other government faw enforcement agencies, including government-

‘owned and/or —controlled corporations, to aid in the enforcement of laws

against environmental crimes;

4g) 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;

j) 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;


~ 1) 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, 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;

©) 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 shall collaborate and render

assistance.

SEC. 7. Organizational Structure. - The Bureau shall be organized into the
Office of the Director-General, Deputy Director-General for Operations and for
Administration, 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 shail 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 Director V "SG 29
Operations
Deputy Director General for Director V SG 29
Administration
Regional Director Director Ii SG 27
Chief for Enforcement Division. Director | SG 25
Chief for Investigation and Legal Director | SG 25
Division
Chief for Finance and Logistics Director I SG 25
Division
Chief for Administrative and Human —_| Director | SG 25
Resource Division
Chief for Planning and Knowledge Director I $625
Information Division
Director for Forensic Laboratory Director | SG 25
Regional Legal Division Chief Attorney V SG 25
ipervising Environmental Prosecutor | Attorney IV SG 23
Environmental Prosecutor Attomey Ill SG 21
Regional Enforcement Division Chief _| Division Chief SG 24
Regional Management Division Chief _| Division Chief SG 24
| Supervising Enforcement Officer Senior OfficerV__| SG 22
Enforcement Officer IV Officer IV $619
Enforcement Officer Ill Officer lil SG 16
Enforcement Officer Il Officer II SG 13
Enforcement Officer | Officer | SG 11
Ranger Technician Ranger Ill SG9
Ranger Ranger It SG7
Ranger Ranger | SG5



SEC. 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 | SG 25
‘Section Chief on Chemistry and Section Chief SG 22
Toxicology

Section Chief on Genetics and Section Chief SG 22
Forensic Biology

‘Section Chief on Criminalistics Section Chief SG 22
Section Chief on Veterinary Section Chief SG 22
‘Section Chief on Taxonomy and Section Chief SG 22
Morphology

Section Chief on Geology Section Chief SG 22
‘Senior Computer Programmer and ENRE Officer IV SG 19
Information Technology Officer

Analyst Ill ENRE Officer Il! SG 16
Analyst Il ENRE Officer II SG 13
Analyst | ENRE Officer | SG 11

SEC. 9. Environment and Natural Resources Law Enforcement Academy. -
The DENR shall establish 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,

including local governments.


SEC. 10. 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/her duties and
responsibilities, and shall perform the following powers and functions:

a) 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;

d) 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;

e}

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;

f) Designate and/or authorize the use 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

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

Secretary.

SEC. 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 law, 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;

4) 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;

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

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

a) Health care services or insurance for alll its regular personnel;

b) Accident insurance for alll its employees and deputized officers;

c) Hazard pay, subject to existing laws, rules and regulations; and

d) Access to a legal assistance and support fund.

sec. 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.

SEC. 14. Stakeholder's Engagement/Peoples’ Participation. — Active and
direct participation of national government agencies (NGAs), local government
units (LGUs), academe, media, people's organization (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.


SEC. 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 civil, criminal, and special civil actions involving the
enforcement or violations of this Act, including actions treated as a SLAPP

as provided in this section.

SEC 16. Prohibition on the Issuance of Temporary Restraining Orders,
Preliminary Injunctions, 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.

SEC. 17. Assaults against Environment and Natural Resources
Enforcement Officers and Deputies. - Any person, and persons 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 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.

SEC. 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.

SEC. 19. Power to Issue Cease and Desist Orders and to Summarily
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 demolition 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.


SEC. 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 in the commission of the offense.

SEC. 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;

(d)road users’ tax; and

(e)Administrative fines and penalties.

Provided, that, all funds collected shall be pooled together as a single

account that will cover all operational expenses.

SEC. 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 of 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.

SEC. 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.

SEC. 24. Separability Clause. - If any portion of this Act is declared
unconstitutional or invalid, the portions or provisions which are not affected

shall continue to be in full force and effect.

SEC. 25. Repealing Clause. — All laws, decrees, executive orders ‘and
rules and regulations or parts thereof which are inconsistent with this Act are

hereby repealed or modified accordingly.


SEC. 26, Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication

in at least two (2) national newspapers of general circulation or in the Official Gazette.

Approved,