FIFTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
10 JUl-j Pl :11 
SENATE 
S. No. 
59 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
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 
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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 eamestly sought. 
!~ 
1'iA'"",UEL F. ZUBIRI 
2 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. No. 
59 
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 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled. 
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Section 1. Short Title. This Act shall be known as the "Environmental 
2 
Protection Agency Act of 2010". 
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Section 2. Declaration of State Policy. It is hereby declared the policy of 
4 
the State to ensure the conservation of the country's forest, mineral, land and off-
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shore areas and other natural resources, including the protection and 
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enhancement of the quality of the environment. It is also the policy of the State to 
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recognize and apply a true value system including social and environmental cost 
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implications relative to their utilization, development and conservation of our 
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natural resources. 
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Section 3. Creation of the Agency. 
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(a) There is hereby created the Environmental Protection Agency of the 
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Philippines to be placed under the Executive Branch, hereinafter referred 
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to as "EPA." 
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(b) The EPA shall be headed by a Chairman, appointed by the President, 
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with a Cabinet Rank and with the salary and privileges of that of a 
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Department Secretary. 
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(c) The Chairman shall be assisted by a Vice-Chairman who shall be 
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appointed by the President and with the rank, salary and privileges of a 
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Department Undersecretary. 
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(d) There shall be in the EPA, Regional Executive Directors who shall 
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monitor and enforce environmental laws at the regional level. 
He/she 
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shall have the necessary staff support. 
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Section 4. Mandate. The EPA shall be the primary arm of the government 
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responsible for the conservation and protection of the country's environment and 
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natural resources. 
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Section 5. Powers and Functions. To accomplish its mandate, the EPA 
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shall have the following functions: 
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(a) Establish and enforce environmental protection standards consistent 
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with national environmental goals; 
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(b) Conduct research on the adverse effects of pollution and on methods 
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and equipment for controlling it; 
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(c) Gathering of information on pollution; 
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(d) Use such information gathered in strengthening environmental 
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protection programs and recommending policy changes; 
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(e) Assisting others, through grants, technical assistance and other 
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means, in arresting pollution of the environment; 
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(f) Advise the President and the Congress of the Philippines on the 
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enactment of laws relative to the conservation of the country's natural 
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resources and environmental protection; 
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(g) Formulate, implement and supervise the government's policies, plans 
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and programs pertaining to the conservation, development and 
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replenishment of the country's natural resources; 
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(h) Promulgate rules and regulations in accordance with the law 
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governing the exploration, conservation, development, extraction, 
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disposition, use and such other commercial activities tending to cause 
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the depletion and degradation of our natural resources; 
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(i) Undertake exploration, assessment, classification and inventory of the 
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country's natural resources using any and all available technology that 
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would carry out the mission and mandate of the EPA; 
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U) Promote proper and mutual consultation with the private sector 
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involving the utilization of natural resources, its development and 
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conservation; 
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(k) Undertake geological surveys of the whole country including its 
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territorial waters; 
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(I) Establish policies and implement programs for the: 
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1 .. Accelerated inventory, surveys and classification of lands, 
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forest, and mineral resources using appropriate technology, to 
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be able to come up with a more accurate assessment of 
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resource quality and quantity; 
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2. Preservation of cultural and natural heritage through wildlife 
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conservation and segregation of national parks and other 
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protected areas; and 
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3. Maintenance of a wholesome natural environment by enforcing 
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environmental protection laws. 
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(m) Assume responsibility for the assessment, development, protection, 
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conservation, and regulation as provided for by law, where applicable, 
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of all natural resources and the enforcement of natural resources laws, 
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rules and regulations; 
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(n) Oversee, supervise and police our natural resources; to cancel or 
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cause to cancel such privileges and arrangement; to close and cause 
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the closure of establishments, after due process, upon failure, nOn-
13 
compliance or violations of any laws, rules and regUlations, orders and 
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for all other causes which contravene the objective of conserving and 
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protecting the country's natural resources and others supportive 
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objectives of the national interest; 
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(0) PromUlgate rules and regulations for the cOntrol of water, air and land 
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pollution; 
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(p) Promulgate ambient, and affluent standards for water and air quality 
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including the allowable levels of other pollutants and radiations; 
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(q) Promulgate poliCies, rules and regulations for the conservation of the 
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country's genetic resources and biological diversity and endangered 
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habitat; 
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(r) Formulate an integrated, multi-sectoral and multi-disciplinary National 
25 
Conservation Strategy, which will be presented to the cabinet for the 
26 
President's approval; 
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(s) Exercise other powers and functions and perform such other acts as 
28 
may be necessary, proper or incidental to the attainment of its 
29 
mandates and objectives; 
30 
Section 6. Organizational Structure. The EPA shall consist of the Agency 
31 
Proper, 
the 
staff 
offices, 
the 
staff 
bureaus, 
and 
the 
32 
regional/provincial/city/municipal offices. 
33 
The Agency Proper shall consist of the following: 
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a. Office of the Chairman; 
35 
b. Office of the Vice-Chairman; 
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c. Public Affairs Office; and 
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d. Pollution Adjudication Office. 
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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. 
Section 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. 
Section 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; 
e. The powers and functions of the DENR under Sections 5, 14, 16, 
17, 18, and 21 of Republic Act 7586; 
f. 
The powers, functions and duties of the National Water and Air 
Pollution Control Commission under Republic Aft 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, revokihg, or modifying a 
permit; 
g. The powers, functions and responsibilities of fhe 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; 
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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; 
I. 
The powers, functions, duties and responsibilities of the National 
Solid Waste Management Commission as established under 
Republic Act No. 9003; 
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; 
o. 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. 
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II. These are hereby transferred to the Chairman: 
2 
a. The powers and functions as well as the advisory and 
3 
recommending powers and appointing powers of the Secretary of 
4 
the DENR under Sections 6, 7, 10 and 11 of Republic Act 7586 
5 
otherwise known as the NIPAS Act of 1992; 
6 
b. Functions of the Ministry of Human Settlements as provided for 
7 
under Section 4 of Presidential Decree 1586; 
8 
9 
c. The powers and functions of the Secretary of the DENR as 
provided for under Section 10 of Republic Act 6969; 
10 
d. Functions of the Secretary of the Department Environment and 
11 
Natural Resources with respect to being the head of a Governing 
12 
Board under Section 9 of Republic Act No. 8749; 
13 
e. The powers, functions, duties and responsibilities of the Secretary 
14 
of the Department of Environment and Natural Resources under 
15 
Republic Act 9003 otherwise known as the Ecological Solid 
16 
Waste Management Act; 
17 
f. 
Such other powers, functions, duties and responsibilities of heads 
18 
of various government departments and agencies which is related 
19 
to the abatement of pollution. 
20 
Section 9. Performance of transferred functions. The Chairman may from 
21 
time to time make such provisions as he/she shall deem appropriate authorizing 
22 
the performance of any of the functions transferred to him by the provisions of 
23 
this Act by any other officer, or by any organizational entity or employee, of the 
24 
EPA. 
25 
Section 10. Incidental Transfers. 
26 
(a) So much of the personnel, property, records, and unexpended balances 
27 
of appropriations, allocations, and other funds employed, used, held 
28 
. available, or to be made available in connection with the functions 
29 
transferred to the Chairman or the EPA by this reorganization and/or its 
30 
creation as the Secretary of the Department of Budget and Management 
31 
shall determine shall be transferred to the EPA at such time or times as 
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the Secretary shall direct. 
33 
(b) Such further measures and dispositions as the Secretary of the 
34 
Department of Budget and Management shall deem to be necessary in 
35 
order to effectuate the transfers shall be carried out in such manner as he 
36 
shall direct and by such agencies as he shall designate. 
37 
Section 11. 
Organizational Provisions. In accomplishing the acts of 
38 
organization herein prescribed, the organization of the EPA shall in no way 
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displace, dislocate or demote the personnel of concemed bureaus, agencies and 
2 
other government instrumentalities but rather shall be absorbed, streamlined, 
3 
and expanded. 
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Section 12. Interim Officers. 
5 
(a) The President may authorize any person who, immediately prior to the 
6 
effective date of this Act, is immediately known as a staunch advocate of 
7 
the preservation, protection, and conservation of the environment to act as 
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Chairman until the office of Chairman is for the first time filled pursuant to 
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the provisions of this reorganization plan or by interim appointment, as the 
10 
case may be. 
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(b) The President may similarly authorize any such person to act as Vice-
12 
Chairman, authorize any such person to act as Regional Executive 
13 
Director, and authorize any such person to act as the head of any principal 
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constituent organizational entity of the EPA. 
15 
(c) The President may authorize any person who serves in an acting capacity 
16 
under the foregoing provisions of this section to receive the compensation 
17 
attached to the office in respect of which helshe so serves. Such 
18 
compensation, if unauthorized, shall be in lieu of, but not in addition to, 
19 
other compensation from the Government of the Republic of the 
20 
Philippines to which such person may be entitled. 
21 
Section 13. Structure and Staffing Pattern. The positions, structure, and 
22 
staffing pattern of the EPA shall be approved and prescribed by the Chairman 
23 
within sixty (60) days from the effectivity of this Act and the authorized positions 
24 
created thereunder shall be filled with regular appointments by him or by the 
25 
President as the case may be. 
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In no case shall the new position structure and staffing pattern of the EPA 
27 
affect the existing position and structure and staffing patterns of the different 
28 
bureaus and governmental agencies absorbed or hereby transferred to the 
29 
Agency. 
30 
Section 14. Periodic Performance Evaluation. The 
EPA 
is 
hereby 
31 
required to formulate and enforce a system of measuring and evaluating 
32 
periodically and objectively the performance of the EPA and submit the same 
33 
annually to the President, and to the Senate and House of Representatives. 
34 
Section 15. Notice or Consent Requirement. 
If any organizational or 
35 
reorganizational change herein authorized is of such substance or materiality as 
36 
to prejudice third persons with rights recognized by law or contract such that 
37 
notice to consent of creditors is required to be made or obtained pursuant to any 
38 
agreement entered into with any of such creditors, such notice or consent 
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requirement shall be complied with prior to the implementation of such 
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organizational or reorganizational change. 
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Section 16. Funding. 
Appropriations 
earmarked for the concemed 
4 
bureaus to include the Environmental Management Bureau (EMB), the Protected 
5 
Areas and Wildlife Bureau (PAWB), and other government instrumentalities that 
6 
have been streamlined; and the funds appropriated for environmental laws now 
7 
under the administrative and operational jurisdiction of the EPA; and foreign 
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grants, assistance, donations shall hereby constitute the funding requirements 
9 
of the EPA. 
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Section 17. Implementing Authority of the Chairman. The Chairman shall 
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issue such orders, rules and regulations and other issuances as may be 
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necessary to ensure the effective implementation of the provision of this Act. 
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Section 18. Separability Clause. If for any reason, any part of or provision 
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of this Act is declared unconstitutional or invalid, such parts not affected thereby 
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shall remain in full force and effect. 
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Section 19. Repealing Clause. 
Any law, executive order, letter of 
17 
instruction, rules and regulations, circulars, issuances or any part thereof 
18 
inconsistent with any of the provisions of this Act is hereby repealed, modified or 
19 
amended accordingly. 
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Section 20. Effectivity. This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
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