FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. l;a63 
I-
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
10 
Philippine environmental legislation dates centuries back and can be h'aced as early as 
the pre-Spanish Code of Kalantiao. Since then, Philippine legislation on environment 
and natural resources has grown and, by the end of the 20th century, was recognized as 
among the best in the developing world. The aggregation of environment laws of the 
country aim to conserve, use and protect the air, waters, and land from pollution. This 
was further strengthened by the devolution of selected environmental functions to the 
Local Government Units, which created provincial, city and municipal offices to ensure 
compliance through the issuance and enforcement of local ordinances. 
A common rejoinder to these observations, however, points to the undeniable fact that 
pollution and wanton destruction of the environment by man continue unabated, 
reaching alarming proportions. As the economy and the population grew, our lifestyle 
also changed - leading to more resources being extracted and production of more goods 
along with its end product, trash. 
To date, the country is still fighting to lower the unprecedented levels of pollution and 
cope with resource scarcity despite all the national laws enacted and the international 
treaties it is a signatory to. 
Nothing short of a revolutionary global change in resource production, use, 
management and sharing will save the world. 
As such, the challenge for Philippine legislation is to be relevant to the times in order to 
effectively safeguard the basic constitutional right of the people to a healthy ecology. A 
perusal of all Philippine environmental laws reveal a major problem: the "weakness" of 
these laws lies in a plethora of inconsistent legal requirements and prohibitions that 
emerged from the sectoral laws that were passed during the last two decades. 
Considering that numerous environment laws were enacted separately and by different 
people and different contexts, it is to be expected that no clear and unequivocal basic 
principle or "ground rules" were available to guide decisions on cross-cutting concerns. 
These environment rules, albeit effective in its specialized and limited scope, cause 
confusion when put side-by-side with other laws. It has even been suggested that 
enactment of new environmental laws should be stopped in the meantime to be able to 
reconcile the existing laws first. 
This proposed legislative measure seeks to support the Constitutional mandate of the 
State to protect the environment by eliminating the "weakness" and strengthening the 
policy. Legislation must be harmonized by a thread that will weave the different sectors 


into one system and integrate protection and management plans and strategies. 
Through this measure, we propose an over-arching framework for these fragmented 
sectoral laws for a viable and more effective management. The insights of the past as 
well as the present experiences of the different branches of the government as well as 
the instrumentalities implementing these environmental laws shall serve as guide to 
make policies that connect and establish strong linkages among the various government 
agencies, civil society, non-government organizations, and other stakeholders in both 
the national and local level. 
This proposed piece of legislation identifies and elaborates on the principles such as 
equitable sharing of powers, resportsibilities and accountabilities and the incorporation 
of equity and environmental justice in the decision-making process. These said 
principles will form the framework for cross-sectoral laws and their effective 
implementation from the national down to the LCU level. Finally, it proposes the 
creation of the National Environmental Protection Authority (NEPA), a strong and 
independent agency which will have for its sole mandate environmental protection and 
conservation. 
In view of'the foregoing, the passage of this bill is earnestly sought. 
~NLEGA:O: 
Senator 
2 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 1363 
Introduced by Senator Loren Legarda 
AN ACT 
PROVIDING FOR THE FRAMEWORK IN THE CONSERVATION, 
DEVELOPMENT, MANAGEMENT AND UTILIZATION OF ENVIRONMENT 
AND NATURAL RESOURCES, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines In 
Congress assembled: 
CHAPTER I 
Article 1 
GENERAL PROVISIONS 
SECTION 1. Title. - This Act shall be known as the "Ecological Policy Act of 
2010." 
. 
SECTION 2. Declaration of Policies. - It is hereby declared the policy of the State 
to promote the right of the people to balanced and healthful ecology in accordance with 
the rhythm and harmony of nature. Towards this end: 
1. Sustainable development shall be the guiding principle in the formulation, adoption 
and implementation of all policies, plans, programs, projects, activities and such other 
undertakings that may affect all aspects of the environment. 
2. Recognizing that diverse and healthy environment and natural resources are a critical 
component of social and sustainable economic development, the State shall manage 
such resources and address competing human demands in order to attain optimum 
social and economic benefits without undermining crucial ecosystem functions .. 
3. Equitable access to and use of environment and natural resources for production, 
livelihood, or other ecosystem services within the context of sustainable development 
shall be granted by the State. 
4. The management, utilization and development of natural resources shall take into 
account the particular geologic, hydrologic, and eco-cultural characteristics of the 
Philippine archipelago, and in particular, shall consider global and local vulnerabilities 
to natural and anthropogenic disasters that endanger lives and the environment as well 
as opportunities for the enhancement of life support functions and services provided by 
ecosystems. 
5. The management of environment and natural resources is a shared responsibility 
1 


;; 
among the national government, local government, community, private sector and all 
stakeholders, 
consistent with the 
principles 
of decentralization, 
devolution, 
transparency, accountability and informed public participation. 
6. The State, through its various instrumentalities and in partnership with the private 
sector, shall provide environmental information and education to enhance the 
capabilities of local government units (LGUs), citizens, organizations and communities 
for participation in local environmental planning and management and for sustainable 
development of natural resources. 
7. The management, utilization and development of environment and natural resources 
shall take into account the Philippine obligations and commitments in relevant 
international treaties and covenants to which the Philippine is a signatory. 
SEC. 3. Definition of Tenns. - For purposes of this Act, the following terms shall 
'mean: 
a) Air - shall refer to the atmosphere and all its surroundings; 
b) Biodiversity - shall refer to the variation of life forms within a given ecosystem, biome, 
or for the entire Earth. Biodiversity is often used as a measure of the health of biological 
systems; 
c) Civil SOciety Orgnnizations - shall refer to formal non-government organizations 
registered or recognized as such by a competent government body, including legally 
organized associations or networks of similar organizations; 
d) Department - shall mean the Department of Environment and Natural Resources 
e) Ecosystem - shall refer to a dynamic self-regulating unit of interrelated collection of 
living and non-living components that affect each other in complex exchanges of 
energy, nutrients and wastes. 
j) Ecosystem services - shall refer to benefits from a multitude of resources and processes 
that are supplied to humankind by natural ecosystems, including products like clean 
drinking water and processes like the decomposition of wastes. 
g) Environmental Guarantee Fund - shall refer to a negotiated amount, on a per project 
basis, that covers expenses for information and communication activities by multi-
sectoral teams, any repair or rehabilitation works, and compensation for damages 
attributable to the operation of the project; 
• 
h) Land - shall refer to the ground and the resources under it, and classified into 
agricultural and forest lands; 
i) Market Bused Instruments (MBIs) - shall refer to instruments or regulations that 
encourage behavior through market signals rather than through explicit directives. 
They may provide to firms and consumers either incentives to opt for greener 
production or products or disincentives to discontinue activities or the consumption of 
products that cause adverse impacts on the environment; 
j) NEPA or Authority - shall mean the National Environmental Protection Authority 
2 


k) Natural Resources - shall refer to materials and conditions occurring in nature which 
are capable of economic gain, benefit or exploitation, including land, water and air and 
everything found in them; 
1) Non-Government Organizations (NGOs) - shall refer to civil society and CIVIC 
organizations organized locally or nationally and registered with the appropriate 
government agency; 
m) Peoples Organizations - shall refer to stakeholders or residents of specific communities 
with common or varied livelihood as well as concern for the well being of their 
communities; 
n) Scientific Organization - shall refer to any organization composed of recognized 
experts in the scientific and/ or technological fields, locally or internationally; 
0) Sustainable Development - shall refer to the integration of environment and 
development to ensure that the needs of present and future generations are properly 
met and their quality of life enhanced, through the judiciOUS utilization and 
conservation of assets and resources and the adoption and the application of practices, 
whether indigenous or acquired, which tend to preserve or enhance the value of the 
asset or resource; and 
p) Water - shall include fresh, inland and marine water bodies as well as all resources 
found therein; 
SEC. 4. Goals and Objectives. - This Act shall have the following goals and 
objectives: 
a) To conserve and enhance natural resources for purposes of sustaining vital ecological 
processes and environmental services, promoting biodiversity and controlling hazards 
b) To ensure stable and consistent policies on the utilization and management of 
environment and natural resources; 
c) To allow equitable access to and use of environment and natural resources within the 
context of sustainable development; 
d) To guarantee equitable sharing of powers, responsibilities and accountabilities 
among the environment and natural resources managers; 
e) To set and institutionalize a policy that would integrate and harmonize sectoral 
environmental laws and issuances; 
f) To update environmental policy and keep our system of environmental management 
abreast with current science and the practice of the principles of sustainable 
development; 
g) To create an independent and cabinet-level entity that will effectively lead 
environmental protection functions; and 
h) To· provide for more effective participation of stakeholders in the planning, 
finalization and implementation of activities affecting the natural environment. 
3 


· 
Article 2 
ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT FRAMEWORK 
SEC. 5. Environment and Natural Resources Management Framework. The 
Environment and Natural Resources Management Framework (ENRMF) shall be 
established for the implementation of this Act. The ENRMF shall serve as the official 
blueprint with which all environmental managers and users must comply with to attain 
the objectives of this Act. Subject to applicable laws and the provisions of this Act, the 
ENRMF shall cover, among others, the following: 
a) air 
b) water 
c) land 
d) forest 
e) biodiversity 
f) genetic resources 
g) coastal resources 
h) mineralized areas 
i) alternative fuels 
j) renewable energy 
k) waste management 
All departments and relevant government agencies shall participate in the formulation 
and implementation of the ENRMF in accordance with the relevant provisions of this 
Act. 
SEC. 6. Harmonization of Policies and Functions. - The ENRMF shall provide 
for the harmonization of government policies and functions. All agencies of 
government, including government-owned and controlled corporations and local 
government units, shall use all practicable means and measures, consistent with other 
essential considerations of national policy, to improve and coordinate plans, functions, 
programs, and resources for purposes of their harmonization. 
All relevant government agencies, including government-owned and controlled 
corporations, and local governmept units shall review their present administrative 
regulations, and current policies, plans and procedures for the purpose of determining 
whether there are aflY deficiencies or inconsistencies therein which prohibit full 
compliance with the purposes and provisions of this Act and shall initiate such 
measures as may be necessary to bring their authority and policies into conformity with 
the intent, purposes, and procedures set forth in this Act. 
SEC. 7. Environment and Natural Resources Inventory, Database Management 
and Status Report. - The Department, in cooperation with the LGUs, shall undertake 
periodic inventory of the status of the environment and natural resources of all 
provinces and municipalities and shall submit annual status reports to the Executive 
and to Congress. For the implementation of this provision, the Department shall review 
its national, regional and local institutional capabilities to determine any deficiencies 
which prohibit full compliance with this Section and shall initiate such measures as may 
be necessary to achieve capacity for compliance. 
SEC. 8. Environment and Natural Resources Accounting. - The Department, in 
cooperation with the National Statistical Coordination Board, shall strengthen 
4 


environmental and natural resources accounting as institutionalized under Executive 
Order 406, series of 1997, which seeks to make quantifiable indicators of sustainable 
development and improve current efforts to take into consideration the quantifiable 
value of natural capital or ecosystem services in socio-economic decisions and establish 
a reliable database on social valuation estimates of environmental services. 
SEC. 9. Environment and Natural Resources Monitoring and Evaluation. - The 
ENRMF shall include a more effective approach to pollution control that shall not only 
identify pollutants, but shall: 
a) trace them through the entire ecological chain, observing and recording changes in 
form as they occur; 
b) determine the total exposure of man to his environment; 
c) examine interactions among different forms of pollution; and 
d) identify where in the ecological chain intervention WQuld be most appropriate. 
SEC. 10. Education in Environment and Natural Resources in Formal and Non-
formal Curricula. - In recognition of the vital role of youth in nation building and the 
role of education to foster patriotism and nationalism, accelerate social progress, and 
promote total human liberation and development, the State shall promote national 
awareness on the role of natural resources in economic growth and the importance of 
environmental conservation and ecological balance towards sustained national 
development among the Filipino youth. 
Pursuant to the foregoing policy, the Department of Education (DepEd), the 
Commission on Higher Education (CHED), and Technical Education and Skills 
Development Authority (TESDA), shall ensure that the curricula of primary, secondary 
and tertiary public and private educational institutions, including non-formal, 
indigenous learning and out-of-school programs, incorporate the following: 1) state of 
the Philippine and global environment; 2) the threats of environmental degradation; 3) 
its impact on human well-being; and 4) the value of natural resources conservation and 
protection in the context of sustainable development. The curricula shall incorporate 
actual activities to conserve natural resources, including, but not limited to: 
tree 
planting activities; recycling and composting 'programs; marine conservation programs; 
forest management and conservation; and other such programs to aid the 
implementation of the different environmental protection laws. 
SEC. 11. Market-Based Instruments. - Whenever applicable, and where the 
proper enabling conditions are in place, market-based instruments such as fees, charges, 
targeted subsidies, emissions trading, tradeable effluent permits, and the pollution levy 
system shall be incorporated into the regulatory framework. The relevance of 
alternative policy instruments, including market-based instruments, shall be examined 
to identify options for greater flexibility, efficiency, and cost effectiveness in pollution 
control and environmental management. 
MBIs allow firms the flexibility to make different adjustments in response to their 
unique business structures and opportunities. Incentives to discover cheaper ways to 
achieve outcomes provide dynamiC ways of reducing the future costs of achieving 
targets. Through the application of MBls, the creation of an environment that 
encourages cooperation and self-regulation among polluters may be facilitated. 
SEC. 12. Environmental Users Fee. - Environmental user's fees for the utilization 
of natural resources. may be imposed. Provided, that the fees collected shall accrue to a 
5 


revolving fund to be administered and be utilized exclusively for conservation, 
rehabilitation and sustainable management of the environment. 
SEC. 13. Incentives. - Incentives provided under existing laws shall remain 
available to concerned entities. Appropriate incentives for individuals, groups, local 
government units and other entities who consistently comply with this Act and other 
environmental laws, rules and regulations shall be formulated and administered to 
encourage compliance with this Act. 
A special incentive system shall likewise be established for the purpose of glvmg 
recognition and for promoting exemplary community leadership, cooperation, and 
collaboration in the preservation and enhancement of the environment and natural 
resources of fragile island and other ecosystems. 
CHAPTER II 
Article 1 
ENVIRONMENTAL MANAGEMENT 
SEC. 14. Pollution Management. In accordance with ecologically sustainable 
development principles, the State shall protect public health and the environment by 
promoting enVironmentally-sound methods for optimum utilization of natural 
resources, encouraging resource conservation and recovery, and setting guidelines as 
well as targets for the avoidance and/ or reduction of pollution of air, water and land. 
Best practice for real-time monitoring of ambient air and water quality and quantity as 
well as of forest cover, land use change, rainfall, temperature, etc. shall be established. 
Such systems shall provide good information regarding trends as well as aberrations 
from normal baseline values that may be critical for the protection of public health, 
safety and general welfare. Such information which shall be valuable in identifying the 
source/ s of aberrant findings and the appropriate remedies that may be applied shall 
be made accessible to the public. 
Private sector participation and cooperation in pollution prevention, control, and 
information dissemination shall be strongly encouraged and duly recognized in 
consonance with the principles of shared accountability. Wherever possible, the 
communities may be involved in actual data gathering for monitoring of selected 
phenomena. Primary responsibility for solid waste management shall remain with the 
LGUs in accordance with the Local Government Code. 
Access to technical assistance for capacity-building of LGUs and their partners shall be 
facilitated. For the recognition of exemplary compliance with their environmental 
responsibility and to encourage others to do the same, awards and incentive programs 
shall be initiated and granted to qualified LGUs and their partners. 
SEC. 15. Environmental Guarantee Fund. All initiatives that are classified as 
environmentally-critical projects in accordance with existing laws shall be required to 
set up an environmental guarantee fund which shall comprise of three parts: (1) a 
multisectoral fund allocated expressly for environmental monitoring by a multiparty 
monitoring team: (2) a trust fund set aside for damage compensation to aggrieved 
parties, and to finance environmental restoration and the rehabilitation of 
environmental quality caused by project operations; and (3) a cash fund to be used by 
companies in implementing environmental projects. The fund shall be managed by a 
multi-sectoral group made up of community and local government representatives, the 
6 


regional representative of the national agency mandated with environmental 
management, and industry representatives. 
Article 2 
NATIONAL ENVIRONMENTAL PROTECTION AUTHORITY 
SEC. 16. Creation of the National Environmental Protection Authority. - To 
implement the policy on Environmental Management of this Act, there is hereby 
created the National Environmental Protection Authority, hereinafter referred to as the 
Authority, which shall be created • within One hundred twenty (120) days after the 
effectivity of this Act. The Authority shall be under the general supervision of the Office 
of the President. 
SEC. 17. Purposes of the Authority. - The Authority shall have the following 
purposes: 
a) To enforce the provisions of law enacted for the prevention or control of air, water 
and land pollution, including the proper disposal of wastes and the environmental 
impact assessment (EIA) system; 
b) To adopt, revise, promulgate and prescribe policies, rules and regulations and 
environmental quality standards consistent with laws enacted for the prevention and 
control of pollution; 
c) To evolve an integrated, multi-sectoral and multi-disciplinary approach which shall 
implement the follOWing: 
i. 
Development of a research program pertaining to environmental 
protection, pollution prevention, control and management, and an information 
system to support information dissemination campaigns; 
ii. 
Monitoring and evaluation of the implementation of all laws relating to 
the regulation and control of activities that have an impact on the maintenance of 
a wholesome natural environment, for the adoption or recommendation of 
necessary measures thereon; 
iii. 
Establishment and implementation of a combined system of pollution fees 
or charges and <;Jther market-based instruments, fines and penalties linked to an 
operating principle that the user or polluter shall bear responsibility for payment, 
and creating the necessary incentives to recycle and re-use resources to abate, 
reduce, neutralize, or otherwise minimize or prevent pollution; 
iv. 
Adoption and promulgation of rules and regulations governing the 
procedures of the Authority with respect to hearings, the filing of reports, the 
issuance and/ or review of all permits and other rules and regulations for the 
proper implementation and enforcement of this Act, pollution laws and the EIA 
System; 
v. 
Promotion of cooperation and greater people participation and private 
initiative in environmenta1 protection, pollution prevention, control and 
management; 
vi. 
Conduct information dissemination, education and training programs 
relating to environmental protection, pollution prevention, control and 
management; 
vii. 
Consultation and interaction with and deputization of appropriate 
government agencies or instrumentalities for the purpose of enforcing the 
7 


provisions and objectives of this Act; 
d) To exercise powers that are necessary or expedient for, or incidental to, the 
performance of its fUnctions. 
SEC. IS. Place of Business. - The Authority shall establish its principal office in 
Metro Manila but may establish and maintain field offices or other units as may be 
necessary to administer its responsibilities. It may reorganize or abolish the same as it 
may deem proper. Provided, that there shall be at least one office in every 
administrative region of the country. 
SEC. 19. Appropriations. - The sum of money appropriated in the immediately 
preceding annual general appropriations for the Environmental Management Bureau 
(EMB) of the Department of Environment and Natural Resources shall be 
reappropriated to the Authority upon the effectivity of the Act, for its first year of 
operation. Thereafter and within the next five (5) years, there shall be appropriated 
annually from the funds in the national treasury the sums of money as may be allocated 
in the amount of not less than five times the sums of money so appropriated annually to 
EMB prior to the effectivity of the Act, whichever is higher. 
SEC. 20. Regulatory Fees. - The Authority may impose reasonable fees for the 
issuance of permits and for periodic monitoring and inspection of pollution control or 
waste collection, processing or disposal facili ties. 
SEC. 21. Organization of the Authority - The Director General shall serve as the 
Chief Executive of the Authority. He shall be appointed by the President of the 
Philippines, and shall enjoy the status, rank and compensation equivalent to that of a 
Cabinet Secretary. The Director General shall possess qualification and experiences 
relevant to environmental protection and management, and shall serve for a period of 
seven (7) years. 
SEC. 22. Duties and Powers of the Director General. - The principal 
responsibility for the implementation of the mandate of the Authority shall be vested in 
the Director General. As such, he shall have the following duties and powers: 
a) Exercise general supervision and control over the operations of the Authority; 
b) Execute and administer environmental implementing rules and regulations, 
environmental quality standards, and environmental plans, programs and projectp; 
c) Submit for consideration of the President such policies and measures which he 
believes to be necessary to carry out the purposes and prOVisions of this Act and of 
relevant promulgated environmental laws; 
d) AppOint officials and employees below the rank of Assistant Director-General to 
positions in the approved budget upon written recommendation of the Assistant 
Director-General concerned in accordance with the merit system established by the 
Authority; and 
e) Perform such other duties and powers of the Authority that are necessary or 
expedient for, or incidental to, the performance of its functions as conferred by the 
President. 
SEC. 23. Organizational Structure of the Authority. - The Director General shall 
be assisted by Deputy, Director or Directors-General, who shall be responsible for the 
major office or offices of the Authority organized accordingly for national or central 
support and regional or field management. 
8 


The Deputy Director or Directors-General shall be responsible for the supervision of his 
office or their respective offices. They may be assisted, in carrying out their functions, 
by Assistant Directors-General. There shall be established a coordinating staff for and 
within the established office or each of the offices of the Assistant Directors-General. 
• 
Each division or field office established under the national or central support and 
regional management office or offices that shall be headed, respectively, by a Division 
or Regional or Field Director, and assisted by an Assistant Director or Assistant 
Regional or Field Director. Provided, however, that the offices that shall be established 
within the Authority shall cover the following functions: 
a) environmental planning and policy; 
b) environmental research; 
c) environmental and management information system; 
d) environmental education and training; 
e) environmental regulation; 
f) standard setting; 
g) legal; and 
h) administrative and finance. 
CHAPTER III 
Article 1 
ENVIRONMENTAL JUSTICE AND EQUITY 
SEC. 24. Access To Resources: The Department shall create conditions to facilitate 
access to natural resources for environmentally sound uses consistent with the 
Constitution, this Act and other applicable laws. Provided, that access, where granted 
shall be equitable. 
SEC. 25. Community-Based Management of Resources. Community-Based 
Management of Resources shall be the primary strategy for addressing the problem of 
open access, where local communities are tasked with monitoring and enforcement in 
exchange for access and use of forest lands and resources. Where applicable and 
beneficial, co-management of resources at the local level shall be the standard 
management model, where the Department and local governments share power in 
deciding on management programs and policies, including authority to grant access 
and use rights. 
Article 2 
GOVERNANCE 
SEC. 26. Government. The Department and its successor shall be the primary 
agency that is tasked to implement the provisions of this Act in relation to the 
utilization of natural resources and the rules and regulations that may be promulgated 
pursuant hereof. 
Pursuant to Chapter II of this Act, the Authority shall be the primary agency that is 
tasked to implement the proviSions of this Act in relation to the management of 
pollution and the rules and regulations that may be promulgated pursuant hereof. 
9 


SEC. 27. Inter-agency Coordination. Government agencies shall coordinate with 
the Department in the implementation of their respective mandates affecting the 
utilization of natural resources. The agencies shall coordinate with the Authority in the 
implementation of their mandates affecting the management of environmental 
pollution. 
Conflicts in the implementation of their respective mandates relative to the 
management of environmental pollution shall be resolved in favor of the Authority. 
SEC. 28. Stakeholder Participation in Environmental Management. - The 
following shall have the right to participate in all aspects of environmental management 
within their respective jurisdictions, expertise and area of concern: 
a) Non-government organization; 
b) People's organizations; 
c) Indigenous Peoples; and 
d) Scientific organizations, cultural organizations, professional and other organizations. 
These organizations shall be held liable on any action undertaken by their respective 
members, individually or collectively, causing damage on the ecological endowments. 
Article 3 
ENFORCEMENT AND ADJUDICATION 
SEC. 29. Enforcement Mechanism. - The Authority, in coordination with 
concerned agencies, local government units and stakeholders, shall establish and 
implement a mechanism for the effective enforcement of the environmental provisions 
of this Act and all environmental laws, rules and regulations. 
SEC. 30. Deputation of Environmental Enforcers. In the enforcement of 
environmental laws, the Authority may deputize non-government organizations, 
people's organizations, indigenous communities, and pro'fessional, civic, cultural, 
scientific and technological organizations within their respective area of activity or 
~xpertise. 
SEC. 31. Local Government Units. Local government units (LGVs) shall share 
the responsibility in the management of the environment and natural resources within 
their territorial jurisdiction. Consistent with applicable environmental laws, the 
Authority and LGVs shall institute a system of devolution and co-management, 
whenever necessary, in the management of environmental pollution. Likewise, the 
Department and LGVs, consistent with applicable laws on natural resources, shall 
institute a system of devolution and co-management, whenever necessary, in the 
utilization of natural resources. 
SEC. 32. Citizen's Suit. For purposes of enforcing the provisions of this Act or its 
implementing rules and regulations, any citizen may file an appropriate civil, criminal 
or administrative action in the proper courts against: 
(a) Any person who violates or fails to comply with the provisions of this Act or ts 
implementing rules and regulations; or 
(b) The Authority, the Department, ,or other implementing agencies with respect to 
orders, rules and regulations issued inconsistent with this Act; and/ or 
(c) Any public officer who willfully or grossly neglects the performance of an act 
10 


specially enjoined as a duty by this Act or its implementing rules and regulations; or 
abuses his authority in the performance of his duties; or, in any manner, improperly 
perform his duties under this Act or its implementing rules and regulations: Prol'ided, 
however, That no suit can be filed until after thirty days (30) notice has been given to the 
public officer and the alleged violator concerned and no appropriate action has been 
taken thereon. 
The court shall exempt such action from the payment of filing fees and shall likewise 
upon prima facie showing of the non-enforcement or violation complaint of, exempt the 
plaintiff from the filing of an injunction bond for the issuance of a preliminary 
injunction. 
Within thirty (30) days, the court shall make a determination if the complaint herein is 
malicious and/ or baseless and shall accordingly dismiss the action and award 
attorney's fees and damages. 
SEC. 33. Suits and Strategic Legal Actions Against Public Participation and the 
Enforcement of this Act. - Where a suit is brought against any person, institution or 
government agency tasked to implement this Act, it shall be the duty of the 
investigating prosecutor or the court, as the case may be, to immediately make a 
determination not exceeding thirty (30) days whether said legal action has been filed to 
harass, vex, exert undue pressure or stifle such legal recourse of the person complaining 
of or enforcing the provisions of this Act. Upon determination thereof, evidence 
warranting the same, the court shall dismiss the case and award attorney's fees and 
double damages. 
This provision shall also apply and benefit public officers who are sued for acts 
committed in their official capacity, there being no grave abuse of authority and done in 
the course of enforcing this Act. 
SEC. 34. Adjudication. - Conflicts involving the administration of a rule or 
regulation including standards, tests and valuation of natural resources, shall be 
resolved by the Department and its attached agencies. Conflicts involving the 
administration of a rule or regulation including environmental pollution standards, 
tests, and valuation of resources for rehabilitation shall be resolved by the Authority. In 
resolving conflicts, the Department,or the Authority may avail of the services of experts 
or professionals with the consent of the parties involved and under accepted rules of 
mediation and arbitration. 
The Court shall resolve conflicts on the interpretation of law, rule and regulation. 
Costs shall be shouldered by the parties involved. 
ArticJe 4 
MISCELLANEOUS PROVISIONS 
SEC. 35. Appropriations. - The amount necessary for the initial implementation 
of this Act shall be charged to the appropriations of the Department of Environment 
and Natural Resources under the current General Appropriations Act and in 
accordance with Section 19 of this Act. Thereafter, the amount necessary for the 
continuous implementation of this Act shall be included in the annual General 
Appropriations Act. 
11 


SEC. 36. Joint Congressional Oversight Committee. - There is hereby created a 
Joint Congressional Oversight Committee to monitor the implementation of this Act 
and to oversee the functions of the Authority and the Department. The Committee shall 
be composed of five (5) Senators and five (5) Representatives to be appointed by the 
Senate President and Speaker of the House of Representatives, respectively. The 
Oversight Committee shall be co-chaired by a Senator and a Representative designated 
by the Senate President and the Speaker of the House of Representatives, respectively. 
SEC. 37. Transitory Provisions. - Pending the establishment of the framework 
under Sec. 5 hereof, the Authority under Sec. 16 and promulgation of the IRR under Sec. 
39 of this Act, existing laws, regulations, programs and projects on environment and 
natural resources management shall be enforced: Provided, That for specific 
undertaking, the same may be revised in the interim in accordance with the intentions 
of this Act. 
SEC. 38. Reports to Congress. - The Authority shall report to Congress not later 
than March 30 of every year following the approval of this Act, giving a detailed 
account of its accomplishments and progress in environmental management during the 
year and make the necessary recommendations in areas where there is need for 
legislative action The Department shall likewise report to Congress not later than March 
30 of every year following the approval of this Act, giving a detailed account of its 
accomplishments and progress in natural resources management during the year and 
make the necessary recommendations in areas where there is need for legislative action. 
Article 5 
FINAL PROVISIONS 
SEC. 39. Implementing Rules and Regulations. - The Authority and the 
Department, in coordination with the Committees on Environment and Natural 
Resources and Ecology, House of Representative and the Committee on Environment 
and Natural Resources in the Senate and other concerned agencies, shall promulgate the 
implementing rules and regulations for this Act, within one (1) year after its effectivity. 
The draft of the implementing rules and regulations shall be subject to public 
consultation. 
SEC. 40. Repealing Clause. -' All laws, decrees, orders, rules and regulations or 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
SEC. 41. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, all other provisions not affected thereby shall remain in full force and 
effect. 
SEC. 42. Effectivity Clause. - This Act shall take effect 15 days after publication 
in two (2) newspapers or gazettes of general circulation in the Philippines. 
Approved, 
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