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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Diliman, Quezon City 
 
THIRTEENTH CONGRESS 
First Regular Session 
 
HOUSE BILL No. __________ 
 
 
Introduced by 
HON. MAURICIO G. DOMOGAN 
 
 
AN ACT CREATING THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND 
SANITATION, INTEGRATING THE DIFFERENT GOVERNMENT AGENCIES RELATED 
TO ENVIRONMENTAL PROTECTION AND SANITATION AND FOR OTHER PURPOSES 
 
 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
 
CHAPTER I 
GENERAL PROVISION 
SECTION 1. Short Title.  – This Act shall be known as the “Department of Environmental 
Protection and Sanitation Act” 
SECTION 2.  Declaration of Policy. – it is hereby declared the policy of the State to: undertake 
a comprehensive and continuing plan on environmental protection and sanitation to protect land, water 
and air from any man made pollution thereby promoting public welfare and making this environment 
more habitable. 
SECTION 3. Statement of Objectives. – Toward this end, the State shall: 
1) 
Formulate and implement a comprehensive, long term and continuing program 
on environmental protection and sanitation, that is responsive to the ongoing 
and ever changing needs of the population, commerce and industry. 
2) 
Formulate policies and programs to ensure an efficient implementation of this 
Act, from the National Government level down to the Local Government 
Units. 
3) 
Develop and implement incentive schemes to encourage greater participation of 
the private sector on the implementation of this Act. 
4) 
Encourage participation of the Private Sectors on the implementation of this 
Act, and to formulate policies to carry out this objective. 
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5) 
Promote the application of New Engineering Technologies, through continuing 
researches and studies in order to improve and render more efficient the 
implementation of this Act. 
SECTION 4. Scope.  
1) Environmental Protection: 
a. Air Pollution Control 
b. Domestic and Industrial Wastewater Management 
c. Solid Waste Management 
d. Toxic and Hazardous Waste Management 
e. Radio Active Waste Management 
2) Sanitation 
a. Water Supply 
b. Vermin Control 
c. Food Establishment 
d. Markets and Abattoirs 
e. Food Transport 
f. School Sanitation and Health Services 
g. Disposal and Dead Persons 
h. Disposal of Carcass 
i. Life and Safety 
j. Hotels, Motels, Apartments, Lodging, Boarding, Tenement Houses and 
Condominiums 
k. Port, Airport, Vessel and Aircraft Sanitation 
l. Rest Areas, Bus Terminals, Bus Stops and Service Stations 
m. Public Swimming or Bathing Places 
n. Public Laundry 
o. Massage Clinics and Sauna Bath Establishments 
p. Dancing Schools, Dancing Halls and Nightclubs 
q. Camps and Picnic Grounds 
r. Nuisances and Offensive Trades and Occupations 
s. Tonsorial and Beauty Establishments 
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t. Structures for Public Health and Welfare 
SECTION 5. Definition of Terms: 
1) 
DOH – Department of Health 
2) 
DOTC – Department of Transportation and Communication 
3) 
MMDA – Metropolitan Manila Development Authority 
4) 
MWSS – Metropolitan Manila Waterworks and Sewerage Systems 
5) 
LUWA – Local Utilities Waterworks Authority 
6) 
DENR – Department of Environment and Natural Resources 
7) 
BFAD -  Bureau of Foods and Drugs 
8) 
LLDA – Laguna Lake Development Authority 
9) 
DPWH – Department of Public Works and Highways 
10) DA – Department of Agriculture 
11) NWRB – National Water Resources Board 
12) SANITARY ENGINEER – A person duly registered with the Board of 
Environmental and Sanitary Engineer under Republic Act 1364, that shall be a 
Environmental and Sanitary Engineer upon the enactment of this Law 
13) SANITATION – Formulation and application of measures designed to protect 
Public Health. 
14) POLLUTION – Any substance whether solid, liquid or gas, which has direct or 
indirect impact on health, may alter the quality of the environment, imparts 
objectionable odor, noise, temperature change, physical, chemical, or 
biological change to any segment of the environment, or is in excess of 
allowable health and environmental quality standards prescribed by the 
government.  
15) REFUSE/SOLID WASTE – Materials that are collected and disposed of which 
includes garbage, rubbish, ashes, street sweepings, dead animals, and solid 
market and industrial wastes. 
16) TRASH – Similar to rubbish, dry solid wastes generated in office buildings. 
17) GARBAGE – Refers to the wastes or rejected food constituents which have 
been produced during the preparation, cooking or storage of meat, fruit, 
vegetables, and other food materials 
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18) TOXIC AND HAZARDOUS WASTE – Toxic and Hazardous substances shall 
involve engineering works in, but not limited to manufacturing, processing, 
storage, conveyance, use, treatment and disposal of products and by-products 
such as heavy metals, persistent organic pollutants, priority pollutants, 
polychlorinated biphenyls, poisons, radioactive and nuclear wastes, hospital 
and institutional wastes and agricultural wastes and radiation shall include, but 
not limited to non-ionic and ionic radiation effects, protection and control. 
19) VERMIN – A group of insects or small animals such as flies, mosquitoes, 
cockroaches, fleas, lice, bedbugs, mice, rats, and others which are vectors of 
diseases. 
20) FOOD ESTABLISHMENT – An establishment where food or drinks are 
manufactured, processed, stored, sold or served, including those that are 
located in vessels.   
21) MARKET – A general term referring to a public place, building or structure 
where commodities such as foodstuffs, wares and other merchandise may be 
bought or sold. 
22) ABATTOIR/SLAUGHTERHOUSE – The facility or premises used in the 
slaughter of food animals for human consumption 
23) MASSAGE CLINICS – An establishment equipped with necessary facilities for 
the practice of massage under the guidance/supervision of a registered 
masseur. 
24) SAUNA BATH ESTABLISHMENT – An establishment where customers are 
exposed to steam which is generated by sprinkling water on hot stones or by 
some other means 
25) BOARDING HOUSE – A building where selected persons for a fixed period of 
time are supplied with and charged fro sleeping accommodations and/or 
meals.  This will include dormitories and other similar establishments. 
26) REST AREA – a facility located at strategic point along the national highway or 
route of the traveling public which is provided with parking space, restaurants 
or snack bars, other business shops, recreational facilities, service stations, 
public restroom facilities or waiting sheds fro travelers and commuters. 
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27) BUS TERMINAL/BUS STATION – A passenger station and a place for the 
final stopover or a permanent station, office and yard of buses, which also 
serve as loading and unloading area for travelers and commuters. 
28) SERVICE STATIONS – (commonly known as gasoline stations) where service 
for motor vehicles may be obtained such as fuel, oil, water, air for tires, 
greasing and repair. 
29) PUBLIC SWIMMING POOL OR BATHING PLACE – A bathing place 
intended to be used collectively or publicly by a number of persons for 
swimming, or bathing and other recreational purposes operated by an operator 
as defined herein, whether he be the owner, lessee, licensee, or concessionaire, 
regardless of whether a fee is charged or not for such use. 
30) DANCE SCHOOLS/ STUDIO -  An establishment offering training or 
instructions on ballet, modern dancing, jazz dancing, ballroom dancing, ethnic 
dancing, fold dancing and other forms of dance.  This shall include dance 
training/talent schools/studios managed by placement agencies that recruit 
dancers for work abroad or locally. 
31) NIGHT/DAY CLUB – An establishment open during the night or day usually 
serving liquor and food, providing a show or live entertainment, or music and 
space for dancing. 
32) TONSORIAL AND BEAUTY ESTABLISHMENTS – Includes barber shops, 
beauty parlors, hairdressing and manicuring establishments and figure 
slandering salons, and tattooing and skin piercing salons, and other similar 
establishments. 
33) NUISANCE – Anything that injures health, endangers life, offends the senses or 
produces discomfort to a person or group of persons. 
34) OFFENSIVE TRADES OR OCCUPATION – Any trade or occupation that has 
the potential to cause damage to life and property, injury, pain, unpleasant or 
nauseating sensation or produces uneasiness and unbearable conditions to a 
person or group of persons. 
35) PUBLIC SAFETY –  
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36) PUBLIC HEALTH – Science and practice of protecting and improving the 
health of a community, as by preventive medicine, health education, control of 
communicable diseases, application of sanitary measures, and monitoring of 
environmental hazards. 
37) DEAD PERSON –  
38) CARCASS –  
SECTION 6.  Creation of the Department of Environmental Protection and Sanitation. – To 
carry out the above-declared policy, there is hereby created a Department of Environmental Protection 
and Sanitation, hereinafter referred to as the Department.  The Department shall be the primary agency 
of the government in the preparation, integration, coordination, supervision, regulation and control of 
activities of government relative to: Environmental Protection and Sanitation. 
SECTION 7. Powers and Functions. – The Department shall have the following powers and 
functions: 
1) 
Formulate, implement, and update consistent with the existing laws, codes, 
ordinances of the government, a comprehensive, long term and continuing plan 
on Environmental Protection and Sanitation. 
2) 
Promulgate and enforce the Implementing Rules and Regulations, Guidelines, 
National Standards, to carry out the implementation of this Act. 
3) 
Coordinate and secure the maximum participation of local government units, the 
private sector, and non-government organizations to ensure the successful 
implementation of this Act. 
4) 
 Provide technical assistance to local government units, the private sector, non-
government organizations, community association and other peoples’ 
organizations, involved in Environmental Protection and Sanitation or other 
similar activities. 
5) 
In coordination with concerned national and local government agencies and 
private institutions, review, streamline and improve the delivery of services 
pertaining to Environmental Protection and Sanitation. 
6) 
Supervise all government agencies attached, to the department to ensure 
adherence, consistency and integration of Department policies, plans and 
programs. 
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7) 
Recommend new legislation and amendments to existing laws as may be 
necessary for the attainment of the different objectives of this Act. 
8) 
Subject to existing laws, either into contracts, either domestic or foreign, under 
such terms and conditions as it may deem necessary and reasonable. 
9) 
Determine, fix, and collect reasonable amounts to be charged as administrative 
fees, fines and penalties; as well as issue motu propio, after the conduct of 
appropriate investigation, notices of violation, cease and desist and/or closure 
and summary abatement orders, necessary for the effective implementation of 
all laws, rules and regulations and other legal issuances enforced by the 
Department. 
10) Review characters and mandates of attached agencies to ensure consistency 
with the policies of this Act; provided: that such review shall be completed 
within two (2) years from the effectivity of this Act; and 
11) Perform such other functions that are deemed necessary for the accomplishment 
of the objectives and purposes of this Act. 
 
CHAPTER II 
THE DEPARTMENT PROPER 
SECTION 8. Composition. – The Department Proper shall be composed of the Office of the 
Secretary, the Offices of the Undersecretaries and Assistant Secretaries, the bureaus and services. 
SECTION 9.  Office of the Secretary. – The Office of the Secretary shall consist of the Secretary 
and his immediate staff. 
SECTION 10.  The Secretary. – The Secretary shall be appointed by the President, subject to 
confirmation by the Commission on Appointments. No director, officer, external auditor, accountant 
or legal counsel of any private company or enterprise primarily engaged in anti-population, waste 
water treatment, sanitation and other similar products shall be eligible for appointment as Secretary 
within two (2) years from his retirement, resignation, or separation therefrom. 
SECTION 11.  The Undersecretaries. – The Secretary shall be assisted by two (2) 
Undersecretaries, one of whom must be a career officer, who shall be appointed by the President, upon 
the recommendation of the Secretary.  They shall have the powers and functions as provided for in 
Section 10, Chapter 2, Book IV of the Administrative Code of 1987.  The Secretary is hereby 
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authorized to delineate and assign the respective functional areas of responsibility of the 
Undersecretaries.  Such responsibility shall be with respect to the mandate and objectives of the 
Department and no Undersecretary shall be assigned primarily administrative responsibilities. 
The offices of the Undersecretaries shall consist of the Undersecretaries and their respective 
immediate staff. 
SECTION 12. Assistant Secretaries.  – The Secretary and the Undersecretaries be assisted by 
four (4) Assistant Secretaries, one (1) Finance, one (1) for Policy, Legal and Legislation, and one (1) 
for Administration and one (1) for Regional Operations, The Assistant Secretaries, who must be career 
officers, shall be appointed by the President, upon the recommendation of the Secretary. 
SECTION 14. Bureaus. – The Department shall have the following Bureaus: 1) Environmental 
Protection Bureau and 2) Sanitation Bureau. 
The Bureaus shall have the following powers and functions: 
1) 
Bureau of Environmental Protection 
a) Formulate and update national objectives for Environmental Protection, 
specifically on pollution prevention, abatement and regulation. 
b) Develop, promulgate and enforce policies, programs, strategies, standards 
and guidelines on Environmental Protection to ensure the efficient and full 
implementation of this Act. 
c) Development and undertake continuing comprehensive technical studies 
and researches on land, water and air pollution prevention, abatement, and 
control in order to achieve better means to address the growing and ever 
changing  needs of the population, commerce and industry. 
d) Monitor, review, and assess the issuance of necessary clearances and/or 
permits issued by local government units; 
e) Study, review, assess and approve technical plans, reports, and 
specifications submitted to the Bureau in securing necessary permits. 
f) Issue necessary permits and clearances not covered by the local 
government units. 
g) Provide technical assistance to the local government units, private sectors, 
non-government organizations, and other peoples’ organizations on 
matters pertaining to Environmental Protection. 
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2) 
Bureau of Sanitation 
a) Formulate, update and enforce national policies and standards on 
Sanitation, consistent with existing laws, codes and ordinances. 
b) Develop, promulgate and enforce, policies, programs implementing rules 
and regulations, standards and guidelines to ensure efficient and full 
implementation of this Act. 
c) Develop and undertake continuing technical studies and research in order 
to achieve better means to address the growing and changing needs of the 
population, commerce and industry. 
d) Formulate a comprehensive and long term plan, and program for solid 
waste management. 
e) Monitor, review, and assess the issuance of necessary clearances and/or 
permits issued by the Local Government Units. 
f) Issue necessary permits and clearances not covered by the local 
government units. 
g) Study, review, assess and approve technical plans, reports and 
specifications submitted to the bureau in securing necessary permits. 
h) Provide technical assistance to the local government units, private sectors, 
non-government organizations, and other peoples’ organizations in matters 
pertaining to sanitation.    
i) Oversee, monitor and assess the implementations of the guidelines, rules 
and regulations by the regional offices and/or the local government units.  
SECTION 15. Services. – The Department shall have the following services: 1) 
Management and Executive Service; 2) Administrative and Financial Management Service; and 3) 
Legal and Legislative Service. 
The Services shall have the following powers and functions: 
1) Management and Executive Service 
a) provide internal planning and evaluation services to the Department 
b) formulate and implement organization and management system, 
productivity improvement programs and activities, as well as internal 
control system within the Department; 
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c) monitor and assess the performance of the different bureaus, services 
and regional offices of the Department; 
d) Develop and maintain a communications and advocacy plan that will 
offer timely dissemination of accurate and updated Department’s 
policies, plans, programs, and projects; information of the 
Department’s policies, plans and projects; 
e) Develop and implement the public relations programs of the 
Department; 
f) Provide assistance to, and answer queries from, the public regarding 
the Department’s policies, rules and regulations, programs, activities 
and services; 
g) Establish and maintain a management information system and sub-
systems for monitoring and evaluating the Department’s programs 
and projects; and 
h) Establish and maintain a viable information network with other 
government agencies and instrumentalities for a more effective 
decision-making on environmental protection and sanitation. 
2) Administrative and Financial Management Service 
Provide the Department with economical, efficient and effective services 
relating to personnel, records and communications, delivery and receipt of 
correspondence transport, building and office facilities maintenance, supplies, 
equipment and custodial work; financial and cash management, and 
accounting. 
3) Legal and Legislative Services 
Provide legal advice and services on all policies, programs, and 
operational matters of the Department as well as in cases where the 
Department is a party.  It shall also handle administrative cases against any 
personnel on the Department and submit recommendations pertaining to them.  
It shall also provide legislative liaison services on matters relating to 
environmental protection and sanitation.  
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SECTION 16. Regional Offices. – There shall be established a regional office at every 
administrative and political region.  Provided that they are established in accordance with the regional 
pattern as prescribed by existing laws.   
SECTION 17.  Functions of the Offices. – The Regional Office, headed by a Regional Director, 
shall perform the following functions: 
1) Ensure that Department program goals are met and that programs function in 
accordance with the duly adopted policies, standards and guidelines; 
2) Directly manage and implement Department programs in the immediate 
geographic area; 
3) Monitor, investigate, and assess compliance to approved environmental protection 
or sanitary plans; and for the purpose, impose fines/penalties and on its own 
motion or upon complaint of any interested party after the conduct of 
appropriate investigation, issue notices of violations, and Cease and Desist 
Orders for non-compliance thereof; 
4) Coordinate with the local government units and provide the necessary technical 
assistance on those devolved powers related to environmental protection and 
sanitation mandated by the Local Government Code and other related laws; 
5) Undertake the issuance of necessary environmental and/or sanitary permits or 
certificate clearances, and collect fees for the purpose; 
6) Advise and coordinate the plans and programs of the Regional and Field offices 
of the attached agencies and corporations; and 
7) Perform such other functions as may be provided for by law and by the Secretary 
from time to time. 
 
CHAPTER III 
ATTACHED AGENCIES AND CORPORATIONS 
SECTION 18. Attached Corporations and agencies and their Functions. – The following 
corporations and agencies are hereby attached to the Department for supervision and policy and 
program coordination and integration, but shall continue to perform their respective functions insofar 
as they are not inconsistent with this Act: 
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1) Environmental Management Bureau of the Department of Environmental and 
Natural Resources (DENR), 
2) Sanitation Division of the Department of Health (DOH), 
3) Solid Waste Management Division of the Metropolitan Manila Development 
Authority (MMDA), 
4) Laguna Lake Development Authority (LLDA), 
5) National Water Resources Board (NWRB), 
6) Pollution Surveillance Division of the Department of Transportation and 
Communication (DOTC), 
7) Metropolitan Waterworks and Sewerage System (MWSS), 
8) Local Water Utilities Administration (LUWA), 
9) Flood Control Division of the Department of Public Works and Highways 
(DPWH) 
10) Vermin Control Division of the Department of Agriculture (DA) 
11) Regulation of Bottled Water under Bureau of Food and drugs (BFAD)   
 
CHAPTER IV 
ENVIRONMENTAL PROTECTION AND SANITATION 
ADJUDICATION BOARD 
SECTION 19.  – There shall be created an Environmental Protection and Sanitation 
Adjudication Commission to hear and prosecute cases on violations under this Act. 
It shall be composed of a Chairman and nine (9) full-time members to be appointed by the 
President, three (3) of whom shall be members of the Philippines Bar, three (3) of whom shall be 
Professional Engineers, preferably Sanitary Engineers, three (3) of whom shall be appointed by the 
Philippine Technological Council.  No person who has been convicted of a crime involving moral 
turpitude shall be appointed as member of the Commission.  The Commission may sit en banc or in 
three divisions.  All cases submitted to the Commission for resolution shall be heard and decided in 
division, provided that motions for reconsideration shall be decided by the Commission en banc. 
SECTION 20.  Term and Compensation. – The members of the Commission shall be appointed 
for a term of six (6) years.  The Chairman and Members of the Commission shall receive an annual 
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salary at least equivalent to that of, and be entitled to the same allowances and benefits, as an 
Undersecretary and Assistant Secretary of the Department, respectively. 
SECTION 21. Jurisdiction. – The Commission shall exercise original and exclusive jurisdiction 
to hear and decide cases involving the following: 
A) 
Pollution on Air, water and Land including noise pollution within the territorial 
limits of the Philippines 
B) 
Violations on solid waste collection, and disposal within the territorial limits of 
the Philippines 
C) 
Violation on Sanitation within the territorial limits of the Philippines. 
SECTION 22.  Power and Authority. – The Commission shall have the following powers and 
authorities: 
1) 
To promulgate rules and regulations governing the hearing and disposition of 
cases filed before it and those pertaining to its internal functions and such 
other regulations as may be necessary to carry out the purposes of this Act: 
Provided, That it shall not be bound by technical rules of procedure but shall 
proceed to hear and decide all cases, disputes or controversies in a most 
expeditious manner, employing all reasonable means to ascertain the facts of 
every case in accordance with justice, equity and merit; 
2) 
To administer oaths, summon the parties to a controversy, issue subpoenas 
requiring attendance and testimony of witnesses or the production of such 
books, papers, contracts, records, agreements and other documents of similar 
nature as my be material to a just determination of the matter under 
investigation or hearing conducted in pursuance under this Act 
3) 
To issue preliminary or permanent injunctions, whether prohibitory or 
mandatory in all cases in which it has jurisdiction, and in which the pertinent 
provisions of the Rules of Civil Procedure shall apply; 
4) 
To hold any person in contempt, directly or indirectly, and impose appropriate 
penalties therefore; 
5) 
To impose administrative fines and/or penalties for violations of this Act, and 
other laws implemented by the Board, including pertinent rules and 
regulations, orders, decisions and/or rulings. 
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6) 
To exercise such other powers as implied, necessary, or incidental to the 
carrying out the express powers granted to the Board or to achieve the 
objectives and purposes of this Act and other laws  implemented by the Board. 
SECTION 23. Appearances. – A lawyer appearing for a party is presumed to be properly 
authorized for that purpose.  A non-lawyer may appear before the Commission only, if: a) he/she 
represents himself/herself as party to the case; or b) he/she represents an organization or its members: 
Provided, That he/she shall be made to present written proof that he/she is properly authorized. 
SECTION 24.  Appeals. – Decisions, awards or orders of the Environmental Protection and 
Sanitation Arbitration Commission shall be final and executory unless appealed to the Commission 
within ten (10) calendar days from receipt of such decisions, awards or orders.  The appeal may be 
entertained only if there is prima facie evidence of abuse of discretion on the part of the Arbiter in 
rendering the questioned decision, award, or order.  Decisions of the Commission shall be appealable 
only to the Court of Appeals by way of a petition for review within fifteen (15) days from notice of 
judgment, award or order, pursuant to Rule 43 of the 1997 Rules of Civil Procedure. 
SECTION 25.  Prohibition Against Restraining Order or Injunction. – No Court of the 
Philippines shall have jurisdiction to issue any restraining order or writ of preliminary or permanent 
injunction against the Commission or its Regional Offices in any case dispute or controversy arising 
from, necessary to, or in connection with the application, implementation, enforcement, or 
interpretation of this Act. 
SECTION 26. Pending Cases. – All cases pending in court arising from or in connection with 
the 
implementation 
of 
the 
pertinent 
laws 
on 
Environmental 
Protection 
and 
Sanitation/Arbitration/Commission. 
 
CHAPTER VI 
TRANSITORY PROVISIONS 
SECTION 27.  Integration of Agencies. – Environmental Management Bureau of the 
Department of Environmental and Natural Resources (DENR), Sanitation division of the Department 
of Health (DOH), Solid Waste Management Division of the Metropolitan Manila Development 
Authority (MMDA), Laguna Lake Development Authority (LLDA), National Water Resources Board 
(NWRB), Pollution Surveillance division of the Department of Transportation and Communication 
(DOTC), Metropolitan Waterworks and Sewerage System (MWSS), Local Water Utilities 
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Administration (LUWA), Flood Control Division of the Department of Public Works and Highways 
(DPWH), Vermin Control Division of the Department of Agriculture (DA) and Regulation of Bottled 
Water under Bureau of Food and Drugs (BFAD), are hereby integrated in the Department of 
Environmental Protection and Sanitation.  
SECTION 28.  Transfer of Powers and Functions. Within two (2) months after the approval of 
this Act, the powers and functions of the attached agencies that are applicable and consistent with this 
Act shall be transferred to the New Department.  The foregoing transfer of powers and functions shall 
include all applicable funds and appropriations, records, equipment, property, and personnel, as may 
be necessary.  The same shall apply to agencies and government units which have not been abolished 
but whose functions have been transferred to the Department. 
SECTION 29.  Transfer of Rights, Assets, and Liabilities. – The Department shall, by virtue of 
this Act, be subrogated to all rights and assume all the liabilities of the attached agencies and all other 
agencies or government units, whose functions and powers have been transferred to the Department, 
and all their funds, records, property, assets, equipment and such personnel, as may be necessary, 
including unexpended appropriations and/or allocations.  All contracts and liabilities or the said offices 
are hereby transferred to and assumed by the department and shall be acted upon in accordance with 
the Auditing Code and other pertinent laws, rules, and regulations; Provided, that the officers and 
employees of said agencies/corporations who will be needed for the continuity of programs shall 
continue in a holdover capacity until such time as the new officers and employees of the Department 
shall have been duly appointed pursuant to the provisions of this Act. 
SECTION 30.  Structure and Staffing Pattern. – The organizational framework and staffing 
pattern of the Department shall be prescribed and approved by the Secretary within sixty (60) days 
after the approval of this Act and the authorized positions created therein shall be filled by regular 
appointments by the President or the Secretary, as the case may be; Provided, That in the filling of 
positions created, preference shall be given to the personnel of the agencies or corporations affected by 
the restructuring provided in this Act.  Provided further, That such individuals comply with the 
qualification standards set by the Civil Service Commission (CSC) for the positions they shall be 
appointed to: Provided, finally That if such individuals possess the same qualifications, seniority shall 
be given priority. 
SECTION 31. Separation and/or Displacement from the Service. – Employees separated and/or 
displaced from the service as a result of the abolition and/or reorganization under the provisions of this 
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Act shall, within six (6) months from their separation and/or displacement from the service, receive a 
separation pay equivalent to one and a half (1 ½) time in the monthly basic salary for every year of 
service in the government; Provided: that those who are qualified under any of the existing retirement 
laws shall be allowed to retire and be entitled to all the benefits provided under said retirement laws. 
 
CHAPTER VII 
FUNDING 
SECTION 32. Appropriations. – The amount needed for the initial implementation of this Act 
shall be charged against the current year’s appropriations of the attached agencies.  Thereafter, such 
sums as may be necessary for the continue implementation of this Act shall be included in the annual 
General Appropriations Act. 
SECTION 33. Additional Funding. – Subject to existing rules and regulations, the funds and 
monies collected or which otherwise come into possession of the Department and its bureaus from 
fees, surcharges, fines and penalties which the Department and its bureaus may impose and collect 
under this Act shall be disbursed for expenses necessary for the effective discharge of the powers and 
functions of the Department under this Act. 
 
CHAPTER VIII 
MISCELLANEOUS AND FINAL PROVISIONS 
 SECTION 34.  Disclosure and Divestment of Financial Interest. – Before assumption into 
office, the Secretary, the Undersecretaries, and Assistant Secretaries shall submit to the CSC a list of 
all companies, partnerships, or business enterprises including non-profit organizations, in which they 
or any immediate member of their families within the second degree of consanguinity or affinity have 
any form of financial interest or employment relationship, including consultancy, Provided, however, 
That all other forms of employment relationship held by the heads of the offices of the Department 
shall be immediately terminated upon assumption into office.   
Within thirty (30) days hereafter, complete divestment of financial interests in any institution, 
firm, or company which fall under the supervisory or regulatory jurisdiction of the Department shall 
be made. Provided, however, that in cases where confirmation of appointments by the Commission on 
Appointments is required, the divestment mandated herein shall be complied within thirty (30) days 
after such confirmation. 
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The divestment provided in the preceding paragraph shall likewise apply to the members of the 
immediate family within the second degree of consanguinity having interest in any institution or 
activity which fall under the regulatory jurisdiction and supervision of the Department and the 
attached agencies. 
SECTION 35.  Implementing Authority of the Secretary. – The Secretary of the Department of 
Environmental Protection and Sanitation shall promulgate the implementing rules and regulations, 
orders and other issuances as may be necessary to implement and carry out the intent, objectives, 
purposes and provisions of this Act. 
SECTION 36. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, or 
part or parts thereof, inconsistent with this Act, are hereby repealed or modified accordingly.  
SECTION 37. Separability Clause.  – If, for any reason, any section or provisions of this Act is 
held unconstitutional or invalid, the other sections or provisions shall not be affected thereby. 
SECTION 38. Effectivity. – This Act shall take effect fifteen (15) days after its complete 
publication in at least two (2) national newspaper of general circulation. 
Approved. 
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