Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8028

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT CREATING THE ENVIRONMENTAL PROTECTION AND
ENFORCEMENT BUREAU (EPEB) UNDER THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (DENR), PROVIDING FOR ITS.
POWERS AND FUNCTIONS AND APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES

The Philippines is one of 18 mega-biodiverse countries of the world, containing two-
thirds of the earth's biodiversity and between 70% and 80% of the world's plant and
animal species. The Philippines ranks fifth in the number of plant species and
maintains 5% of the world's flora. Its biodiversity, composed of various flora and fauna,
provides resources to meet basic needs for human survival, promotes economic
development and offers environmental services.

Unfortunately, our country is also a biodiversity hotspot. We continue to lose our
forests to commercial exploitation and habitat destruction. Our waters are
threatened by chemical pollution, fisheries operations, habitat alteration, and
global climate change.

This bill seeks to create an Environmental Protection and Enforcement Bureau (EPEB)
under the Department of Environment and Natural Resources to give more teeth to
the Constitutional mandate to protect and advance the right of the people to a
balanced and healthful ecology. It seeks to strengthen the enforcement of
environmental laws and regulations in order to truly preserve our incomparably rich
biodiversity.

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

Lyd al

LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

MOV 18 227


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS

Second Regular Session

8028

HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F, VILLAFUERTE, JR.

AN ACT CREATING THE ENVIRONMENTAL PROTECTION AND
ENFORCEMENT BUREAU (EPEB) UNDER THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (DENR), PROVIDING FOR ITS
POWERS AND FUNCTIONS AND APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES.

Be It enacted by the Senate and House of Representatives of the Philippines in
congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Environmental Protection
and Enforcement Bureau (EPEB) Act".

SECTION 2. Declaration of Policy. - It is the policy of the State to’

(a) Maintain an effective, competent, modern current and highly trained enforcement
body to address violations of environment and natural resources laws, rules, and
regulations in order to protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature;

(b) Strengthen and professionalize environment and natural resources protection and
law enforcement with appropriate structure, science and technology, manpower, and
capability;

(c) Formulate plans and programs relative to environment and natural resources
protection to enhance and modernize capacities to address all types of environmental
crimes, including transnational/transboundary violations, taking cognizance of the
worsening global environmental situation;

(d) Promote shared duties and responsibilities, and capacitate other law enforcement
agencies and local government units on environmental law enforcement; and

(e) Ensure fair, swift, and certain enforcement of environmental laws.


SECTION 3. Definition of Terms. - As used in this Act, the following terms and phrases
shall mean as follows:

(a) Abatement - refers to a legal document issued by the Bureau, its officers and
enforcers, ordering the suspension or cessation, in whole or in part, or removal of a
problem or nuisances, which is against environment and natural resources laws
committed in prohibited areas, and/or other public areas, where such act is prohibited.

(b) Bureau - refers to the Environmental Protection and Enforcement Bureau.

(c) Cease and Desist Order (CDO) - refers to an order duly issued by the Secretary or
the Bureau directing or enjoining any person, business or organization, or government
agency, to stop or continue doing an act considered harmful or illegal and/or in order
to protect, preserve or rehabilitate the environment. A CDO may be permanent, for
specified period of time, or until a final administrative or judicial determination of its
legality occurs.

(d) Confiscation - refers to the act of taking in favor of the government, real or personal
property, from a person without payment or compensation in an administrative
proceeding.

(e) Custody - refers to temporary holding or safekeeping of any evidence obtained or
seized in an enforcement operation conducted by, or with the participation of the
Bureau, while a case is pending before any administrative body or the courts.

(f) Department - refers to the Department of Environment and Natural Resources
(DENR).

(g) Emergency - as used in this Act emergency occurs when there is a demonstrated
Impending threat to human life, biodiversity, or irreparable damage to the integrity and
stability of the ecosystem.

(h) Enforcement areas - refers to any geographic area in Philippines where priority
enforcement response is needed.

(i) Forensic - refers to the application scientific methods of analyzing evidence and
samples for purposes of criminal, civil, or administrative procedure.

(j) Impoundment - the taking into custody of private property, such as a vehicle, facility
or implements, by government action with custody documentation pending the
outcome of a criminal prosecution under this Act.

(k) Prohibited area - refers to areas explicitly prohibited or deemed by law to be free
from human habitation or interference such as, but not limited to, water easements,
areas identified as geo-hazard zones, or in any other prohibited zones within protected
areas including strict protection zones, multiple use zones, and buffer zones, or areas
designated under disaster risk reduction and management plan of LGUs as hazard
prone areas.


()) Regulated community - refers to all persons, businesses or organizations, or
government agencies or Instrumentalities of the government whose use, utilization,
exploitation, development, management, conservation and protection of environment
and natural resources are governed under the administrative authority of the
Department.

(m) Secretary - refers to the Secretary of the Department of Environment and Natural
Resources (DENR).

(n) Seizure - as used in this Act, seizure refers to the taking by enforcement officers
of potential evidence from a person who is suspected of violating environmental laws,
rules and regulation. Seizure of evidence may be done by virtue of a search warrant,
or on the occasion of a warrantless arrest or warrantless search.

(0) Strategic Lawsuit Against Public Participation (SLAPP) - as used in this Act the
defense of SLAPP shall be available to Bureau enforcers and those they have
deputized, complainants, and witnesses. This remedy is available even during
preliminary investigation and relevant administrative cases. The Bureau shall provide
sufficient assistance for those enforcers, deputies, complainants, and witnesses
charged with SLAP suits.

(P) Transnational or transboundary violations - refers to a continuing offense in
contravention of both environmental laws and International treaties and conventions
on environment to which the Philippines Is a signatory. An act is deemed a continuing
offense when the act may be prosecuted and tried not only In the court or
administrative bodies of the place where it began, but also in the court or
administrative bodies of the place where part of the offense was continued or
consummated.

(a) Wildlife Trafficking - refers to transportation and/or transshipment of wildlife, wildlife
by-products or derivatives, from, to, or through the Philippines.

SECTION 4. Creation. - There is hereby created the Environmental Protection and
Enforcement Bureau (EPEB) which shall be a uniformed service and a line agency
under the Department. This Act shall transfer and consolidate all enforcement
functions performed by different Bureaus and attached agencies of the Department
and those that may be created hereafter. The Bureau shall exercise concurrent
enforcement authority with agencies having jurisdiction under other laws.

SECTION 5. Jurisdiction. - The Bureau shall carry out environmental law enforcement
functions in the entire Philippine archipelago including air space, territorial waters,
exclusive economic zones, continental shelf, and other areas where the Philippines
exercises sovereignty and sovereign rights, or jurisdiction, in accordance with
Philippine and International laws. It shall be under the control and supervision of the
Secretary.

SECTION 6. Powers and Functions. - The Bureau has the power and authority to:


(a) Enforce, interdict ongoing violations, arrest. Investigate, and prosecute all
violations of environmental and natural resources laws, rules, and regulations,
including those over which other agencies exercise jurisdiction;

(b) Take custody of all seized and confiscated items, implements, conveyances, tools,
and equipment;

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

(d) File the appropriate cases in court in consultation with the National Prosecution
Service when necessary, and in coordination with the Office of the Ombudsman in
cases involving government officials and employees;

(e) Execute decisions and dispose of confiscated items in administrative cases
pertaining to environment and natural resources violations, and in court cases as may
be directed by the court;

(f) Call on the Department of Justice (DOJ), Philippine National Police (PNP), Armed
Forces of the Philippines (AFP), the National Bureau of Investigation (NBI), other
government law enforcement agencies. Including government-owned and/or-
controlled corporations, to aid in the enforcement of laws against environmental
crimes;

(g) Conduct intelligence operations and forensics Investigation in furtherance of the
foregoing powers and functions;

(h) Issue subpoena for the appearance of any person for investigation or production
of any documents, through its officers from the ranks of Director-General, Deputy
Director, Directors for Enforcement, Investigation and/or Legal Services, and Regional
Director, and cite In contempt any person who violates or disobeys orders and
processes duly issued by the Bureau;

(i) Accept In the name of the Philippine Government, funds or financial assistance for
immediate disbursements or other property in the interest of, or as may be necessary
to carry out its functions, and which shall be properly allocated and utilized directly and
exclusively for environmental protection and enforcement;

(j) Establish and maintain coordination mechanisms with other law enforcement
agencies locally and internationally;

(k) Develop enforcement systems and strategies based on best practices and using
the most advanced and reliable technologies;

(I) Impose administrative fines/citations for in-flagrante violations of environment and
natural resources laws, rules and regulations pursuant to schedule of fines to be
Issued by the Office of the Secretary;

(m) Maintain database of all relevant Information such as, but not limited to,
environmental cases, environment-related incidents, permittees, licensees, park and
forest occupants, tenured migrants, and scientific research data and information;


(n) Issue and implement Cease and Desist Order, Closure Order, Notice of Violation,
and Abatement Order in the exercise of its administrative powers pursuant to pertinent
rules and regulations issued by the Department;

(0) Formulate and implement policies, guidelines, and programs necessary to
effectively carry out its mandate; and

(p) Perform other related functions as the Secretary of the Department may assign.
Nothing herein shall prevent other law enforcement agencies from exercising
jurisdiction over violations of environmental laws, rules and regulations. Provided that,
once the Bureau takes cognizance of the aforementioned violations, the Bureau shall
take the lead and other law enforcement agencies shall collaborate and render
assistance.

SECTION 7. Organizational Structure. - The Bureau shall be organized into the Office
Of the Director-General, Deputy Director-Generals for Operations and for
Administration, Division Chiefs for Enforcement, Investigation and Legal, Finance and
Logistics, Administrative and Human Resource, Planning and Knowledge Information
Service, and Forensic Laboratory. Each service shall be composed of the necessary
divisions and sections. The Bureau shall establish regional offices composed of district
offices to cover designated enforcement areas. Field units may be established as
needed to work with the PENR and/or CENR offices, or clusters thereof.

The Bureau's personnel and their respective positions and rank shall have
appropriate staffing complement, as follows:

Job Title Career Level Salary Grade
Director General Director VI SG 30
Deputv Director General | Director V SG 29
for Operations

Deputy Director General | Director V SG 29
for Administration

Regional Director Director til SG 27
Chief for Enforcement | Director | SG 25
Division

Chief for Investigation and | Director | SG 25
Legal Division

Chief for Finance and | Director | SG 25
Logistics Division

Chief for Administrative | Director | SG 25
and Human Resource

Division

Chief for Planning and | Director | SG 25
Knowledge Information

Division

Director for Forensic | Director | SG 25
Laboratory

Regional Legal Division | Attorney V SG 25
Chief



Supervising Aitomey IV SG 23
Environmental Prosecutor

Environmental Prosecutor | Attomey Ill 8G 21
Regional Enforcement | Division Chief SG 24
Division Chief

Regional Management | Division Chief SG 24
Division Chief

Supervising Enforcement | Senior Officer V SG 22
Officer

Enforcement Officer IV__| Officer IV SG 19
Enforcement Officer Iil__| Officer III SG 16
Enforcement Officer Il__| Officer Il SG 13
Enforcement Officer | Officer | SG 11
Ranger Technician Ranger Ill SG9

Ranger Ranger Il SG7

Ranger Ranger | SG5

as may be deemed necessai

composed of the following st

SECTION 8. Forensic Laboratory. - The Bureau shall establish and maintain an up to
date forensic laboratory to be headed by a Director and su

ry, which may include chemi

criminalistics, veterinary, morphology, and digital. The Forensic Laboratory may be

affing complement:

pported by as many sections
ical and toxicology, genetics,

Job Title Career Level Salary Grade
Director for Forensic | Director | SG 25
Laboratory

Section Chief ‘on | Section Chief SG 22
Chemistry and Toxicology

Section Chief on Genetics | Section Chief SG 22
and Forensic Biology

Section Chief on | Section Chief SG 22
Criminalistics

Section Chief ‘on | Section Chief SG 22
Veterinary

Section Chief ‘on | Section Chief SG 22
Taxonomy and

Morphology

Section Chief on Geology | Section Chief SG 22
Senior Computer | ENRE Officer IV SG 19
Programmer and

Information Technology

Officer ike = of ile me
Analyst III ENRE Officer Ill SG 16
Analyst Il ENRE Officer Il SG 13
Analyst | ENRE Officer | SG 11

SECTION 9. Environment and Natural Resources Law Enforcement Academy. - The
DENR shall establish an Environmental and Natural Resources Law Enforcement


Academy which shall be responsible for the recruitment, development and conduct of
basic and advanced-level environmental law enforcement training course, and
continuing skills enhancement of all Bureau enforcers and personnel. The Academy
shall provide other Philippine law enforcement agencies and Institutions high-quality
standardized trainings on environmental law enforcement. Including local
governments.

SECTION 10. Powers and Functions of the Director General. - The Director General
shall have access to all official records of the Government and the regulated
communities of the Department in the furtherance of his/her duties and
responsibilities, and shall perform the following powers and functions:

(a) Direct, control and administer the operations of the Bureau, and deploy any of Its
officials and operatives for missions;

(b) Formulate policies, guidelines, programs and projects to implement this law and
recommend policies that would enable the Bureau to take additional necessary
measures in exercising its powers;

(c) Develop a system and allocate funds for Informant's rewards and whistle blower
protection;

(d) Recommend and/or direct appropriate agencies to effect emergency containment
and remediation measures in relation to violations of environment and natural
resources laws, rules, and regulations;

(e) Initiate and strategize training and deputation of environmental law enforcement
officers and, whenever practicable their consolidation and organization In accordance
with existing laws, rules and regulations;

(f) Designate and/or authorize the use informants for investigative purposes including
the hiring of consultants, subject to pertinent laws, rules and regulations, as may be
required;

(g) Issue mission orders and permits to carry duly-issued agency firearms of its organic
personnel or other duly deputized officers who are conducting or assisting In
investigation and enforcement operations;

(h) Ensure proper inventory, identification and impoundment of confiscated and/or
forfeited objects, implements, and conveyances;

(i) Create and/or abolish divisions/units and positions within the Bureau that may be
required for the expeditious, effective and efficient discharge of Its duties and
responsibilities; and remove, suspend, or otherwise discipline Bureau officials,
enforcers and personnel for causes provided under the Civil Service Rules and
Regulations and other pertinent laws, rules and regulations, subject to the approval by
the Secretary; and

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


SECTION 11. Powers and Functions of Bureau Officers and Enforcers. - The
members of the Bureau shall be peace officers, and as law enforcers, shall have the
following additional powers and functions:

(a) To detect, interdict, and investigate any environmental violations and to make
arrests, searches and seizures in accordance with existing laws, rules and regulations;

(b) To seize and Initiate confiscation proceedings for prohibited items including
objects, implements, and conveyances used in the violation of environmental law, as
provided for by applicable laws, rules and regulations, and to inventory said items;

(0) To take and require swom affidavits of person or persons summoned in connection
with cases under investigation and to administer oaths in cases under Investigation,
subject to limitations imposed by the Constitution and laws, rules and regulations;

(d) To carry suitable and adequate agency-issued firearms for enforcement operations
and personal security;

(e) To have access to all official records of the Government and the regulated
community, where such records relate to their official functions under this law; and

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

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

(a) Health care services or insurance for all its regular personnel;
(b) Accident insurance for all its employees and deputized officers;
(c) Hazard pay, subject to existing laws, rules and regulations; and
(d) Access to a legal assistance and support fund.

SECTION 13. /nter-agency Environmental Enforcement Coordination. - The Bureau
shall establish and maintain close coordination, cooperation and linkages with national
and international coordinative bodies, multi-lateral agencies, and organizations that
address environmental crimes.

SECTION 14. Stakeholder's Engagement/Peoples' Participation. - Active and direct
participation of national government agencies (NGAs), local government units (LGUs),
academe, media, people's organization (POs), non-governmental organizations
(NGOs), including the citizenry, shall be encouraged. The Bureau shall take measures
to ensure responsiveness and feedback mechanisms for maximum participation,
engagement, and transparency.

SECTION 15. Strategic Lawsuit Against Public Participation (SLAPP) in the
Enforcement of this Act - The defense of SLAPP as defined by existing laws shall be
available to Bureau enforcers and those they have deputized, complainants, and


witnesses. This remedy is available even during preliminary Investigation and relevant
administrative cases. The Bureau shall provide sufficient assistance for those
enforcers, deputies, complainants, and witnesses charged with SLAPP suits.

The Rules of Procedure for Environmental Cases shall govern the procedure in civil,
criminal, and special civil actions involving the enforcement or violations of this Act,
including actions treated as a SLAPP as provided in this section.

SECTION 16. Prohibition on the Issuance of Temporary Restraining Orders,
Preliminary Injunctions, and Preliminary Mandatory Injunctions. - No court, other than
the Supreme Court, shall issue injunction or restraining order against the Department
and Bureau in the lawful enforcement of environmental and natural resources laws.

SECTION 17. Assaults against Environment and Natural Resources Enforcement
Officers and Deputies. - Any person, and persons whether natural or juridical, who,
shall attack, employ force or seriously Intimidates any environment and natural
resources enforcement officer or his deputies, while engaged in the performance of
official duties, or on the occasion of the performance of such duties shall be charged
with direct assault under the Revised Penal Code.

The penalties of indirect assault as defined under the Revised Penal Code shall be
imposed upon any person coming to the aid of the environment and natural resources
enforcement officer or his deputy in the enforcement of his duties.

SECTION 18. Administrative Adjudication. - The Secretary is authorized to organize
and standardize administrative adjudication mechanisms to impose fines and other
penalties provided for under existing laws, rules, and regulations and cause the
issuance of procedural rules and regulations as may be appropriate.

SECTION 19. Power fo Issue Cease and Desist Orders and to Summarily Abate
Without the Necessity of Judicial Order. - The Bureau may, subject to the requirements
of administrative due process, issue cease and desist order/s, and to summarily eject
any person and/or issue abatement order, removal, dismantling, or demolition of any
illegal structures from a prohibited area, without the necessity of judicial order.

Provided, that in cases of emergency, the Bureau may order the immediate exit or
departure of the offender from the prohibited area. The Bureau may call on other
enforcement agencies to assist in executing the order to vacate.

SECTION 20. Authority of the Director-General of the Bureau or the Duly Authorized
Representative to Issue Notice of Violation and Seizure Order. - In all cases of
violations of environmental laws, rules and regulations, the Director-General or his
duly authorized representative, may, in appropriate cases, issue notices of violation
and order the seizure of any property subject of the offense. Including conveyances,
implements, tools and equipment used in the commission of the offense.

SECTION 21. Funding Source and Appropriation. - The funds required for the
implementation of this Act shall be taken from the General Appropriations Act (GAA)
and may be augmented from the following:


(a) Integrated Protected Area Fund (IPAF);
(b) Environmental and user fees;

(c) EPIRA;

(d) Road users’ tax; and

(e) Administrative fines and penalties.

Provided, that, all funds collected shall be pooled together as a single account
that will cover all operational expenses.

SECTION 22. Transitory Provisions. - All unexpended appropriations, real and
personal properties, documents, records and other papers related to enforcement
which are kept and/or managed by enforcement divisions, sections and units of the
Department and attached agencies shall be transferred to the Bureau.

All incumbent officials and personnel currently assigned and/or designated at the
regional enforcement divisions, PENR enforcement sections, or CENR enforcement
units who have undergone the mandatory training on enforcement as provided under
this Act may continue to serve as an officer or enforcer of the Bureau, or choose to be
reassigned in nonenforcement offices or Bureaus of the Department.

All incumbent enforcement officials, enforcers and personnel of the Department,
Bureaus, and attached agencies who have undergone the mandatory training on
enforcement as provided under this Act may serve as officer or enforcer of the Bureau,
or choose to be reassigned in nonenforcement functions or offices of the said
agencies.

All Incumbent enforcement officials, enforcers and personnel of the Palawan Council
for Sustainable Development (PCSD) and BARMM shall be trained under the Bureau
as part of the one-system approach.

SECTION 23, Implementing Rules and Regulations. - The Department, in consultation
with concemed government agencies and stakeholders, shall promulgate the
implementing rules and regulations of this Act, within six (6) months from the effectivity
of this Act.

SECTION 24. Separability Clause. - If any portion of this Act is declared
unconstitutional or Invalid, the portions or provisions which are not affected shall
continue to be In full force and effect.

SECTION 25. Repealing Clause. — All laws, decrees, executive orders and rules and
regulations or parts thereof which are Inconsistent with this Act are hereby repealed
or modified accordingly.

SECTION 26. Effectivity Clause. - Notwithstanding the non-issuance of the
implementing rules and regulations, this Act shall take effect fifteen (15) days after its
publication In the Official Gazette or In at least two (2) national newspapers of general
circulation.

Approved,