FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

798

House Bill No.
EXPLANATORY NOTE

In the United States, they have an Environmental Protection Agency
(EPA) whose mission is to protect human health and the environment—air,
water, and land—upon which life depends. The purpose of the EPA is to
ensure that:

+ everyone is protected from significant risks to human health and the
environment where they live, leam and work;

+ national efforts to reduce environmental risk are based on the best
available scientific information;

» federal laws protecting human health and the environment are
enforced fairly and effectively;

* environmental protection is an integral consideration in U.S. policies
concerning natural resources, human health, economic growth,
energy, transportation, agriculture, industry, and international trade,
and these factors are similarly considered in establishing
environmental policy;

+ all parts of society -- communities, individuals, businesses, and state,
local and tribal governments -- have access to accurate information
sufficient to effectively participate in managing human health and
environmental risks;

* environmental protection contributes to making our communities and
ecosystems diverse, sustainable and economically productive; and

« the United States plays a leadership role in working with other nations
to protect the global environment.


This shows that they have an agency exclusively focused on the
environment.

In the Philippines, we have the Department of Environment and Natural
Resources (DENR). It is mandated to protect the environment while at the
same time, it has to oversee the utilization of the country's natural resources.
It is caught in between conservation and utilization. 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 batancing act.

‘As such, there is a need to establish an independent agency that
exclusively deals with protecting, promoting and enhancing the environment.
‘An agency established to consolidate a variety of research, monitoring,
standard-setting and enforcement activities to ensure environmental
protection.

In view of the foregoing, immediate approval of this bill is earnestly
sought.

RUFUS B. IGUEZ

Me.

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2798
AN ACT
CREATING THE NATIONAL ENVIRONMENTAL PROTECTION AGENCY
OF THE PHILIPPINES, 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 Agency Act of 2010".

Section 2. Declaration of 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.

Section 3. Creation of the Agency.

(a) There is hereby created the National Environmental
Protection Agency of the Philippines to be placed under the Executive
Branch, hereinafter referred to as "NEPA."

(b) The NEPA 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.

(d) There shall be in the NEPA, Regional Executive Directors
who shall monitor and enforce environmental laws at the regional level.
He/she shall have the necessary staff support.

Section 4. Mandate. The NEPA shall be the primary arm of the government
responsible for the conservation and protection of the country’s environment,


Section 5. Powers and Functions. To accomplish its mandate, the NEPA
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;

(@) 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,

(@) Formulate, implement and supervise the government's
policies, plans and programs pertaining to the conservation and
replenishment of the country's natural resources;

(h) Undertake geological surveys of the whole country including
its territorial waters;

(i Establish policies and implement programs for the:

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.

(@ 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;

(k) Promulgate rules and regulations for the contro! of water, air
and land pollution;

() Promulgate ambient, and affiuent standards for water and air
quality including the allowable levels of other pollutants and radiations;

(m) Promulgate policies, rules and regulations for the
conservation of the country’s genetic resources and biological diversity
and endangered habitat;

(n) Formulate an integrated, multi-sectoral and multi-disciplinary
National Conservation Strategy, which will be presented to the cabinet
for the President's approval;

(0) 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;


Section 6. Organizational Structure. The NEPA 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;

. 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.

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 NEPA:

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 alll its functions and powers under Section
19 of Executive Order 192;

4. 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, 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

4. 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;

|. 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;

©. 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.

N. 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;


£. Such other powers, functions, duties and responsibilities of heads of
various government departments and agencies which is related to the
abatement of pollution.

Section 9. Performance of 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 this Act by any other officer, or by any organizational entity or
employee, of the NEPA.

Section 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 NEPA by this reorganization and/or its creation as the
Secretary of the Department of Budget and Management shall determine shall
be transferred to the NEPA 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.

Section 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 expanded

Section 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 he
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 NEPA.

(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.

Section 13. Structure and Staffing Pattern. The positions, structure, and
staffing pattern of the NEPA 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
NEPA affect the existing position and structure and staffing patterns of the
different bureaus and governmental agencies absorbed or hereby transferred
to the Agency.

Section 14. Periodic Performance Evaluation. The NEPA is hereby required
to formulate and enforce a system of measuring and evaluating periodically
and objectively the performance of the NEPA and submit the same annually
to the President, and to the Senate and House of Representatives.

Section 15. Notice or Consent Requirement. If any organizational or re-
organizational 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 re-organizational change.

Section 16. Funding. Appropriations earmarked for the concemed 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 NEPA.

Section 17. Implementing Authority of 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.

Section 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.

Section 19. Repealing Clause. Any law, executive order, letter of instruction,
rules and regulations, circulars, issuances or any part thereof inconsistent

with any of the provisions of this Act is hereby repealed, modified or amended
‘accordingly.

Section 20. Effectivity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,