Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 7984

INTRODUCED BY HONORABLE MICHAEL L. ROMERO

EXPLANATORY NOTE

The 1987 Philippine Constitution specifically Section 16, Article II,
laid down the framework for the protéction and advancement/ promotion of
the people’s right to a balanced and:healthful ecology in accord with the
rhythm and harmony of nature.

The right to a clean environment is recognized as a human right in
the Philippines, it being a duty imposed upon the State and responsibility
required of individuals.

The State shall instill environment consciousness among our people
to effectively carry out the different environmental programs and projects
of the government essential for the protection, preservation and revival of
the quality of the environment and natural resources of the country.

This Bill aims: (a) to promote and improve the health, physical
safety, social and economic well-being of the environment and natural
resources personnel, their living and working conditions, security and
terms of employment; (b) to develop their skills and capabilities in order that
they will be more responsive and better equipped to deliver environmental
management functions in the attainment of projects and programs; and
(c) to encourage those with proper qualifications and excellent abilities to
join, contribute their expertise and remain in government service and in
the country.

The Environment and Natural Resources (ENR) Personnel includes
but is not limited to the personnel of the DENR, its Bureaus, Regional


Offices, and attached Agencies, environmental units in the other
government agencies and the ecological waste management and climate
change adaptation and disaster risk management departments of the local
government units.

This includes the forest rangers and park rangers that look after our
forest and protected areas. A forest ranger guards or has jurisdiction over
a very large forest area, around 5,000-10,000 hectares. However, his
salary, is not as large as the area he is protecting.

Passage of this Bill is earnestly sought to encourage those with
proper qualifications and excellent abilities to remain in government
service and in the country to work together for a clean and healthy
environment.

:L L. ROMERO, Ph.D.


eu aHe

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 7984

INTRODUCED BY HONORABLE MICHAEL L. ROMERO

AN ACT PROVIDING FOR THE MAGNA CARTA FOR ENVIRONMENT AND
NATURAL RESOURCES PERSONNEL

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled.

Chapter I. General Provisions

Sec. 1. Title. This Act shall be known as the "Magna Carta for
Environment and Natural Resources Personnel."

Sec. 2. Declaration of Policy and Objective. The State shall instill
environment consciousness among our people to effectively carry out the
different environmental programs and projects of the government essential
for the protection, preservation and revival of the quality of the environment
and natural resources of the country.

Towards this end, this Act aims: (a) to promote and improve the
health, physical safety, social and economic well-being of the environment
and natural resources personnel, their living and working conditions,
security and terms of employment; (b) to develop their skills and capabilities
in order that they will be more responsive and better equipped to deliver
environmental management functions in the attainment of projects and
programs; and (c) to encourage those with proper qualifications and
excellent abilities to join, contribute their expertise and remain in
government service and in the country.

Chapter Il. Definition and Coverage

Sec. 3. Definition. For purposes of this Act,

“Department” shall mean the Department of Environment and Natural
Resources.

"Environment and Natural Resources Personnel or ENR Personnel" shall
mean:

Page 1 of 10


2
22
23

24

25
26
27
28
29
30
31
32
33
34
35
36
37
38

39
40
al
2
4B
44
48

1. all persons who are engaged in the protection of the environment,
environmental management, and environment-related work;

2. all persons employed as environment and natural resources officers
and personnel in the environmental and ecological solid waste
management and climate change adaptation and disaster risk
management units in all local government units, and administrative
and support personnel employed regardless of their employment
status;

3. all persons employed in the environmental units of the national and
regional government agencies and companies owned and operatedby the Governt
environmental protection officers and personnel, and administrative
and support personnel employed regardless of their employment
status; and

4. all persons employed in the environmental unit of private
corporations/enterprises including but not limited to pollution control
officers regardless of their employment status; and

5. all persons employed with the Department, its Bureaus, Regional
Offices and attached Agencies, regardless of employment status,
including but not limited to permanent, temporary, contractual
service/procurement service /Object 29 employment status.

Sec. 4. Coverage. This Act shall cover all environment and natural
resources personnel employed in the government service and private sector
regardless of their employment status.

Chapter III. Recruitment, Qualification and Promotion

c. 5, Recruitment and Qualification. Recruitment policy and
minimum requirements with respect to the selection and appointment of an
environment and natural resources personnel shall be developed and
implemented by the appropriate government agencies concerned in
accordance with policies and standards of the Civil Service
Commission: Provided, That in the absence of appropriate eligibles and it
becomes necessary in the public interest to fill a vacancy, a temporary
appointment shall be issued to the person who meets all the requirements
for the position to which he/she is being appointed except the appropriate
civil service eligibility: Provided, further, That such temporary appointment
shall not exceed twelve (12) months nor be less than three (3) months
renewable thereafter but that the appointee may be replaced sooner if (a)
qualified civil service eligible becomes available, or (b) the appointee is
found wanting in performance or conduct befitting a government employee.

Sec. 6. Merit Promotion and Career System. The Secretary of
Environment and Natural Resources, upon consultation with the proper
government agencies concerned and the Environment and Natural
Resources workers’ organization, shall prepare a uniform career and
personnel development plan applicable to all environment and natural
resources personnel. Such career and personnel development plan
shall include provisions on merit promotion, performance evaluation, in

Page 2 of 10


aunaw

20
21

2
23

service training grants, job rotation, suggestions and incentive award
system.

The performance evaluation plan shall consider foremost the
improvement of individual employee efficiency and __ organizational
effectiveness: Provided, That each employee shall be informed regularly by
his/her supervisor of his/her performance evaluation.

‘The merit promotion plan shall be in consonance with the rules of the Civil
Service Commission.

Sec. 7. Code of Conduct. Within six (6) months from the approval of this
Act, the Secretary of Environment and Natural Resources, upon
consultation with other appropriate agencies, professional and environment
and natural resources worker's organization, shall formulate and prepare a
Code of Conduct for ENR personnel, which shall be disseminated as widely
as possible.

Chapter IV. Rights and Benefits of ENR Personnel

Sec. 8. Normal Hours of Work. The normal hours of work of any
environment and natural resources personnel shall not exceed eight (8)
hours a day or forty (40) hours a week.

Hours worked shall include:

a) the time during which an environment and natural resources personnel
is required to be on active duty or to be at a prescribed workplace; and

b) the time during which an environment and natural resources personnel is
permitted to work.

c) the time during which an environment and natural resources personnel
is required in a place other than the prescribed workplace.

Provided, That, the time when an environment and natural resources
worker is placed on "On Call" status shall not be considered as hours
worked but shall entitle the environment and natural resources worker
to an "On Call" pay equivalent to fifty percent (50%) of his/her regular
wage. "On Call" status refers to a condition when environment and natural
resources workers are called upon to respond to urgent or immediate need
for pollution incidences during emergencies such that he/she cannot devote
the time for his/her own use.

An environment and natural resources personnel can also teach or practice
their profession after office hours.

Sec. 9. Overtime Work. Where the exigencies of the service so require, any
environment and natural resources personnel may be required to render

Page 3 of 10


service beyond the normal eight (8) hours a day, inclusive of Saturdays,
Sundays or nonworking holidays. In such a case, the environment and
natural resources personnel shall be paid an additional compensation in
accordance with existing laws and prevailing practices

Sec. 10. Work During Rest Day. a) Where an environment and natural
resources personnel is made to work on his/her scheduled rest day,
he/she shall be paid an additional compensation in accordance with
existing laws.

b) Where an environment and natural resources personnel is made to work
on any special holiday he/she shall be paid an additional compensation in
accordance with existing laws. Where such holiday work falls on the
personnel's scheduled rest day, he/she shall be entitled to an additional
compensation as may be provided by existing laws.

Sec. 11. Compensation. The existing laws on the salary scale of
government employees shall apply in determining the salaries of
environment and natural resources personnel. In case of violations of this
provision, the ENR personnel concerned shall file the necessary complaint
to the Civil Service Commission (CSC) or NLRC through the ENR
Management and Consultative Council.

Sec. 12. Leave Benefits for ENR personnel. Environment and natural
resources personnel are entitled to all leave benefits and privilege such as
but not limited to maternity, paternity, sick leave and vacation leaves, as
provided for under existing laws: Provided, That upon separation of ENR
personnel from service, they shall be entitled to all accumulated leave
credits with pay.

Sec. 13. Highest Basic Salary Upon Retirement. Upon retirement, the
Environment and natural resources personnel shall automatically be
granted an increase of one (1) salary range or grade higher than his/her
basic salary and his/her retirement benefit thereafter, computed on the
basis of his/her highest salary received: Provided, That he/she has
reached the age and fulfilled service requirements under existing laws.

Sec. 14. Other Benefits. Aside from the benefits received as required under
existing laws and executive orders, an environment and natural resources
personnel shall receive the following allowances:

1. Honorarium. ENR personnel who rendered services beyond the
established irregular workload of ENR personnel whose broad
and superior knowledge, expertise or professional standing in a
specific field contributes to productivity and innovativeness shall
be entitled to receive honorarium subject to rules to be set by the
Department.

2. Hazard Allowance. ENR personnel involved in hazardous
undertakings such as, but not limited to conduct of field

Page 4 of 10


25
26
27
28

inspections and air/water/chemical and hazardous waste
monitoring and sampling, forest ranger work and assigned in the
following units: environmental impact assessment division,
environmental quality division, compliance and permitting division,
environmental monitoring and enforcement division, mine safety
environment and social development division, environment health
and safety division, pollution control divisions, environmental
protection units, and environmental research and laboratory
services divisions and other environment and natural resources
offices/field offices located in difficult areas which expose them to
great danger, contagion, radiation, volcanic activity/eruption,
occupational risks or threats to life, shall be compensated with
hazard allowances equivalent to at least twenty-five percent (25%)
of the monthly basic salary.

. Subsistence Allowance/Transportation Allowance. ENR

personnel who are required to render service in forest/watershed
areas, pollution incident sites and other areas, in order, to make
their services available at all times, shall be entitled to daily full
subsistence allowance for three (3) meals which shall be
computed in accordance with prevailing circumstances. Those
assigned out of their regular work stations shall be entitled per
diem in place of this allowance. Actual transportation allowance
shall also be provided to environment and natural resources
personnel on field work.

. Clothing and Laundry Allowance. All ENR personnel shall be

entitled to a minimum of One thousand five hundred pesos (PhP
1,500.00) clothing allowance annually, which amount shall be
adjusted annually as needed.

In addition to the above, all environment and natural resources
personnel who are required to wear uniforms regularly shall be
entitled to a minimum of Two hundred fifty pesos (PhP250.00)
per month laundry allowance. Provided further, that these
rates shall be reviewed periodically and increased accordingly
as needed.

. Housing and Living Quarters Allowance. All environment and

natural resources personnel who are transferred to another
assignment due to the exigency of the service shall be entitled to
free housing within the agency concerned: Provided, that if living
quarters are not available within the agency and the personnel has
his/her residence outside of fifty (50) kilometer radius from such
government facility, he/she shall receive a housing allowance, and:
Provided further, that the rate of such housing allowance shall be
periodically adjusted for inflation.

Page 5 of 10


"
12
13
4
1s
16
7
18
19
20

2
2
23
24
25
26

27
28
29
30
31
32
33
34
38
36

37
38
39
40
41
42
43

For purposes of this Section, the Department of Environment and
Natural Resources is authorized to develop housing projects in its
own lands, not otherwise devoted for other uses, for ENR personnel
in coordination with appropriate government agencies.

Longevity Pay. A monthly longevity pay equivalent to ten
percent (10%) of the monthly basic pay shall be paid to an ENR
personnel for every five (5) years of continuous, efficient and
meritorious services rendered as certified by the chief of office
concerned, commencing with the service after the approval of this
Act.

Remote Assignment Allowance. ENR personnel who accept
assignments as such in remote areas or isolated stations, which
for reasons of far distance or hard accessibility, such positions had
not been filled for the last two (2) years prior to the approval of this
Act, shall be entitled to an incentive bonus in the form of remote
assignment allowance equivalent to fifty percent (50%) of their
basic pay, and shall be entitled to reimbursement of the cost of
reasonable transportation to and from such remote post or
station, upon assuming or leaving such position and during
official trips.

In addition to the above, such ENR personnel mentioned in the
preceding paragraph shall be given priority in promotion or
assignment to better areas. Their tour of duties in the remote areas
shall not exceed two (2) years, except when there are no positions
for their transfer or they prefer to stay in such posts in excess of
two (2) years.

Medical Examination and Immunization. During the tenure of
their employment, ENR personnel shall be given a compulsory
medical examination once a year and immunization as the case
may warrant. The medical examination shall include, but not be
limited to:

a. Complete physical examination;

b. Routine laboratory, chest x-ray and ECG;

c. Psychometric examination;

d. Dental examination; and

e. Other indicative examination.

Provided, that where medical examination shows that medical
treatment and/or hospitalization is necessary for those already in
government service, the treatment and/or hospitalization including
medicines shall be provided free either in a government or a
private hospital by the government entity paying the salary of the
ENR personnel especially in occupational-health related illness.
Provided, further, that the cost of such medical examination and
treatment shall be included as automatic appropriation in said

Page 6 of 10


agency's annual budget.

9. Personal Protective Equipment. ENR personnel which regularly
conduct field inspection, monitoring and sampling shall be
provided by their respective offices with the proper personal protective
equipments (PPEs) in accordance with existing laws on
occupational health and safety.

10. Medical Examination and Immunization for the Dependents
of ENR Personnel. During the tenure of their employment,
dependents of ENR personnel shall be given a compulsory
medical examination once a year and immunization as the case
may warrant. The medical examination shall include, but not be
limited to:

a. Complete physical examination;

b. Routine laboratory, chest x-ray and ECG;
c. Psychometric examination;

d. Dental examination; and

e. Other indicative examination.

Provided, that the cost of such medical examination and
immunization shall be included as automatic appropriation in
said agency's annual budget.

Sec. 15. Compensation for Injuries/Illnesses/Death. ENR personnel
shall be protected against the consequences of employment
injuries/occupational-related illnesses/death in accordance with
existing laws. Injuries incurred while doing overtime work shall be
presumed work-connected.

Sec. 16. Non-DENR ENR Personnel. ENR Personnel not employed by the
Department, who are involved in environmental management and
environment and natural resources protection functions, and regardless of
their employment status may avail of the benefits of this Act, chargeable
against their respective agencies/local government units/offices/private
corporations, upon certification of the Secretary of the Department.

Sec. 17. Honorarium for other services. ENR personnel shall be allowed
to render consultancy services to the private sector and shall be entitled to
receive such honorarium that may be paid to them by the private entity
concerned. Such payments shall be over and above their salary from the
government during the period of the consultancy and skill not be
considered as double compensation: Provided, That the consultancy work
will not jeopardize or adversely affect the operations or activities of his
originating office: Provided, further, That the Secretary of the Department
approves such consultancy.

Sec. 18. Exemption from the Attrition Law and Civil Service Rule
on nepotism. — Appointment of ENR personnel to positions of research

Page 7 of 10


assistant and upwards shall not be covered by the Attrition Law and CSC
rule on nepotism in consideration of the highly technical nature of these
positions.

Sec. 19. Rights of an ENR Personnel. ENR personnel shall have the
following rights:

1. Protection from discrimination by reason of sex, sexual orientation,
age, political or religious beliefs, civil. status, _ physical
characteristics /disability or ethnicity;

2. Protection from any form of interference, intimidation, harassment
or punishment to include, but not limited to, arbitrary reassignment
or termination of service, in the performance of his/her duties and

3. Join, organize, or assist organizations or unions for lawful purposes;

4. Protection from any act that will prevent his/her applying
professional interventions that the clients situation may require; and

5. Opportunities for continuing professional growth and development.

Sec. 20. Reassignment of ENR Personnel.

a) a transfer is a movement from one position to another which is of
equivalent rank, level or salary without break in service;

b) a geographical reassignment, hereinafter referred to as
"reassignment," is a movement from one geographical location to
another; and

°)

Except in the interest of public service, no transfer or geographical
reassignment shall be made or effected without written notice to an
environment and natural resources personnel: Provided, That said
written notice, stating the reasons for the reassignment, shall be made
at least thirty (30) days prior to the date of transfer or reassignment:
Provided, further, That, if the environment and natural resources
personnel believes that there is no justification for the transfer and/or
reassignment, he/she may appeal his/her case to the CSC, which shall
cause his/her transfer and/or reassignment to be held in abeyance:
Provided, furthermore, That reassignment coinciding with any local
or national election shall be made in compliance with Election Code
and other existing laws and rules: Provided, finally, That the necessary
expenses of the transfer and/or reassignment of the environment
and natural resources personnel and his/her immediate family shall
be paid for by the agency concerned.

Sec. 21. Married ENR Personnel. Whencver possible, the proper
authorities shall take steps to enable married couples, both of whom are
ENR personnel, to be employed or assigned in the same office, but not in the
same unit. Provided, that it shall not apply to married ENR personnel
already assigned in the same office at the time that this Act takes effect.

Page 8 of 10


31
32
33
34

35

Sec. 22. Freedom from Interference or Coercion. It shall be unlawful
for any person to commit any of the following acts of interference or
coercion:

a) to require as a condition of employment that an ENR personnel shall
not join an ENR workers’ organization or union or shall relinquish
membership therein;

b) to discriminate in regard to hiring or tenure of employment or any
item or condition of employment in order to encourage or discourage
membership in any ENR workers’ organization or union;

ic)

to prevent an ENR personnel from carrying out duties laid upon
him/her by his/her position in the organization or union, or to
penalize him/her for the action undertaken in such capacity;

d

to harass or interfere with the discharge of the functions of the ENR
personnel when these are calculated to intimidate or to prevent the
performance of his/her duties and responsibilities; and

e) to otherwise interfere in the establishment, functioning, or
administration of ENR workers’ organizations or unions through acts
designed to place such organization or union under the control of
government authority.

Sec. 23. Freedom from Discrimination. It shall be unlawful for any
person or employer to discriminate against ENR personnel who falls under
any of the following:

a) ENR Personnel that are Solo Parents;

b) ENR Personnel that are Benefactors of Senior Citizens. Benefactor
shall mean any person related to a Senior Citizen or not who takes
care of him/her as a dependent;

c) ENR Personnel that are Person with Disabilities (PWD); and

d) ENR Personnel that are Benefactors or Parents of a Person with
Disabilities (PWD) or Person with Special Needs or Person with
Developmental Disorders.

Chapter V. Periodic Review Clause

Sec. 24. Human Resource Development. The Department shall conduct
a periodic human resource development/management study into, among
others, the following areas:

a) Adequacy of facilities and resources to render quality environment
and natural resources management functions;

Page 9 of 10


b) Opportunities for ENR personnel to grow professionally and develop
their potentials and experience a sense of worth and dignity in their
work;

c) Mechanism for democratic consultations;

d)

Ways and means of enabling the rank-and-file workers to avail of
educational opportunities for personal growth and development;

e)

Upgrading of working conditions, reclassification of positions and
salaries of ENR personnel, regardless of employment status to correct
disparity vis-a-vis other professions; and

f) Allocation of funds for the participation of ENR personnel in seminars,
conferences, conventions, physical fitness and sports development
program/activities and similar activities as part of their continuing
professional growth.

Chapter VI. Security of Tenure and Retirement

Sec. 25. Security of Tenure. — No ENR personnel holding a permanent
position shall be terminated except for cause: Provided, That, in the event
the environment and natural resources personnel is found to be unjustly
dismissed by the CSC or the NLRC; as the case may be, he/she shall be entitled
to reinstatement without loss of seniority rights and backwages with twelve
per centum (12%) interest to be computed from the time his/her compensation
was withheld from him/her up to the time of reinstatement.

Sec. 26. Highest basic salary upon retirement. — Upon retirement, the
ENR personnel concerned shall automatically be granted one (1) salary
grade higher than his/her basic salary and his/her retirement benefits shail
be computed on the basis of his/her highest salary received.

Sec. 27. Hiring of retired ENR personnel. — An employee retired under
any existing law, who, in the judgment of the governing board or head of a
environmental agency, possesses technical qualifications and the capability
to undertake environmental management activities, may be rehired on
contractual basis without refunding the unexpired portion of the
gratuity and accumulated leave benefits received by him from the
Government: Provided, That no qualified environment and natural resources
expert is available to undertake said technical activities.

Sec. 28. Environmental Awards. - There shall be established an
Environment and Natural Resources Awards Committee which shall confer
annually the Environment and Natural Resources Awards for outstanding
achievement/s and excellence or original contribution to environmental
protection/management. The Committee shall promulgate the guidelines in
implementing this Section and shall specify the categories of awards to
be given and the amount of financial reward for each category.

Page 10 of 10


Chapter VII. Congressional Commission

Sec. 29. Congressional Commission on Environment and
Natural Resources. - There is hereby created a Congressional
Commission on Environment and Natural Resources (ENVICOM) that
shall Oversee the implementation of all the Environment and Natural
Resources laws; review and assess, among others, the state of the
Philippine environmental security, human resources development in
Environment and Natural Resources field; and the implementation of this
Act. The Commission shall be composed of five (5) Members of the House
of Representatives and five (5) Members of the Senate. It shall be co-chaired
by the Chairpersons of the Committee on Environment and Natural
Resources of the Senate and the Committees of Ecology and Natural
Resources of the Lower House. Such congressional review shall be
undertaken at least once every five (5) years.

Chapter VIII. Implementing Rules and Regulations

Sec. 30. Implementing Rules and Regulations. The Secretary of the
Environment and Natural Resources after consultation with appropriate
agencies of the Government as well as professional and environment and
natural resources workers’ organizations or unions, shall formulate and
prepare the necessary rules and regulations to implement the provisions of
this Act. Rules and regulations issued pursuant to this Section shall take
effect thirty (30) days after publication in a newspaper of general
circulation.

Chapter IX. Prohibitions

Sec. 31. Prohibition Against Double Recovery of Benefits. Whenever
other laws provide for the same benefits covered by this Act, the
Environment and Natural Resources personnel shall have the option to
choose which benefits will be paid to him/her. However, in the event that the
benefits chosen are less than that provided under this Act, the ENR
personnel shall be paid only the difference.

Sec. 32. Prohibition Against Elimination and/or Diminution. Nothing in
this law shall be construed to eliminate or in any way diminish benefits being
enjoyed by an Environment and Natural Resources workers at the time of the
effectivity of this Act.

Sec. 33. Penal Provision. Any person who shall willfully interfere with,
restrain or coerce any Environment and Natural Resources personnel in the
exercise of his/her rights or shall in any manner commit any act in
violation of any of the provisions of this Act, upon conviction, shall be
punished by a fine of not less than Thirty thousand pesos (P30,000.00)
but not more than Fifty thousand Pesos (P50,000.00) or imprisonment of
not more than one (1) year or both at the discretion of the court.

Page 11 of 10


2

2
23
24

25
26
27
28

If the offender is a public official, the court, in addition to the penalties
provided in the preceding paragraph, may impose the additional penalty of
disqualification from office.

Chapter X. Transitory Provisions

Sec. 34. Special Treatment for Benefits of ENR Personnel. All benefits
received by an Environment and Natural Resources Personnel under this
law, including but not limited to, benefits given to rank-and-file employees,
whether granted under a collective bargaining agreement or not, fringe
benefits and de minimis benefits, are not taxable pursuant to Section
33.C.3 of the Republic Act 8424 (Tax Reform Act of 1997).

Sec. 35. Appropriations/Funding. The amount necessary to fully
implement this Act shall be provided in the General Appropriations Act
(GAA) of the year following its enactment into law under the budgetary
appropriations of the DENR, concerned agencies and local government
units.

Private companies with ENR personnel shall allocate their respective funds
for their companies’ implementation of this Act.

Sec. 36. Annual Report. The Secretary of the Department shall submit to
the Congressional Commission on Environment and Natural Resources an
annual report on the implementation of this Act.

Chapter XI. Separability and Repealing Clauses
Sec. 37. Separability Clause. The provisions of this Act is declared
separable. In the event that any provision hereof is rendered
unconstitutional, those that are not affected shall remain valid and effective.
Sec. 38. Repealing Clause. All laws, presidential decrees, executive
orders and their implementing rules, or parts thereof, inconsistent with the

provisions of this Act are hereby, repealed; amended or modified
accordingly.

Chapter XII. Effectivity Clause

Sec. 39. Effectivity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,

Page 12 of 10