Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18TH CONGRESS
First Regular Session

HOUSE BILL NO1334

INTRODUCED BY REPRESENTATIVE MICHAEL L. ROMERO

EXPLANATORY NOTE

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

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

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

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

‘The Environment and Natural Resources (ENR) Personnel includes but is
not limited to the personnel of the DENR, its Bureaus, Regional Offices, and
attached Agencies, environmental units in the other government agencies; the

Page 1 of 16


ecological solid waste management and climate change adaptation and disaster
risk management departments of the local government units; and units of other
government agencies that are involved in environmental management, pollution
prevention and rehabilitation works.

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

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

,. ROMERO, Ph.D.

Page 2 of 16


10
WW
12
13
4
1s
16

7

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18TH CONGRESS
First Regular Session

HOUSE BILL NO.1334

INTRODUCED BY REPRESENTATIVE MICHAEL L. ROMERO

AN ACT

PROVIDING FOR THE MAGNA CARTA FOR ENVIRONMENT AND
NATURAL RESOURCES PERSONNEL

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

Chapter I. General Provisions

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

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

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

Page 3 of 16


33

34
35
36

Chapter Il. Definition and Coverage

Sec. 3. Definition. For purposes of this Act,
“Department” shall mean the Department of Environment and Natural
Resources.

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

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

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

3. all persons employed in the environmental units of the national and
regional government agencies and companies owned and operated by the
Government or its political subdivisions and shall include, but is not
limited to engineers, environmental management specialists, science
research specialists, ecosystems management specialists, foresters,
forest and park rangers, marine environmental protection officers and
personnel, and administrative and support personnel employed
regardless of their employment status; and

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

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

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

Chapter III. Recruitment, Qualification and Promotion
Sec. 5. Recruitment and Qualification. Recruitment policy and minimum

requirements with respect to the selection and appointment of an environment
and natural resources personnel shall be developed and implemented by the

Page 4 of 16


12
B
4
1s
16
7
18
19
20

24

25
26

27
28
29
30
31

32

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

Sec. 6. Merit Promotion and Career System. The Secretary of Environment
and Natural Resources, upon consultation with the proper government
agencies concerned and the Environment and Natural Resources workers’
organization, shall prepare a uniform career and personnel development plan
applicable to all environment and natural resources personnel. Such
career and personnel development plan shall include, but is not limited to,
provisions on merit promotion, performance evaluation, in-service training
grants, education / training / schooling or advance studies (graduate school),
opportunity for or to complete undergraduate studies, job rotation, suggestions
and incentive award system.

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

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

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

Chapter IV. Rights and Benefits of ENR Personnel

Sec. 8. Normal Hours of Work. The normal hours of work of any environment

Page 5 of 16


10
WW
2
13
4
15
16

7
18

19
20
21
22
23
24

25
26
27

28
29
30
31
32

and natural resources personnel shall not exceed eight (8) hours a day or forty
(40) hours a week.

Hours worked shall include:

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

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

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

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

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

Sec. 9. Overtime Work. Where the exigencies of the service so require, any
environment and natural resources personnel may be required to render
service beyond the normal eight (8) hours a day, inclusive of Saturdays, Sundays
or nonworking holidays. In such a case, the environment and natural resources
personnel shall be paid an additional compensation in accordance with
existing laws and prevailing practices

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

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

Page 6 of 16


33
34
35
36

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

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

Sec. 13. Other Benefits. Aside from the benefits received as required under
existing laws and executive orders, an environment and natural resources
personnel shall receive the following allowances:

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

2. Hazard Allowance. ENR personnel involved in hazardous undertakings such
as, but not limited to conduct of field inspections and air/water/chemical
and hazardous waste monitoring and sampling, forest ranger work and
assigned in the following units, but not limited to: environmental impact
assessment division, environmental quality division, compliance and permitting
division, environmental monitoring and enforcement division, mine safety
environment and social development division, environment health and safety
division, pollution control divisions, conservation and development division,
environmental protection units, and environmental research and laboratory
services divisions and other environment and natural resources offices/field
offices located in difficult areas which expose them to great danger, contagion,
radiation, volcanic activity/eruption, occupational risks or threats to life,
shall be compensated with hazard allowances equivalent to at least twenty-
five percent (25%) of the monthly basic salary.

3. Subsistence Allowance/Transportation Allowance. ENR personnel
who are required to render service in forest/watershed areas, pollution
incident sites and other areas, in order, to make their services available at
all times, shall be entitled to daily full subsistence allowance for three (3)

Page 7 of 16


10
Wl
12
13

4
15
16
7
18
19
20
21
2

23

24
25
26
27

28
29
30
31
32

33
34

meals which shall be computed in accordance with prevailing
circumstances. Those assigned out of their regular work stations shall be
entitled per diem in place of this allowance. Actual transportation allowance
shall also be provided to environment and natural resources personnel on
field work.

. Clothing and Laundry Allowance. All ENR personnel shall be entitled to a

minimum of Six thousand pesos (Php 6,000.00) clothing allowance annually,
which amount shall be adjusted annually as needed.

In addition to the above, all environment and natural resources personnel
who are required to wear uniforms regularly shall be entitled to a minimum
of One thousand pesos (PhP1,000.00) per month laundry allowance.
Provided further, that these rates shall be reviewed periodically and
increased accordingly as needed.

Housing and Living Quarters Allowance. All environment and natural
resources personnel and officials, including, but not limited to Directors and
Regional Directors, who are transferred to another assignment due to the
exigency of the service shall be entitled to free housing within the agency
concerned: Provided, that if living quarters are not available within the agency
and the personnel has his/her residence outside of fifty (50) kilometer
radius from such government facility, he/she shall receive a housing
allowance of not less than Ten thousand pesos (Php 10,000.00), and: Provided
further, that the rate of such housing allowance shall be periodically adjusted
for inflation.

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

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

Further, for every succeeding years of continuous, efficient and meritorious
services, the monthly longevity pay equivalent shall be as follows: ten (10)

Page 8 of 16


"
12
13
14

15

7
18
19
20
21

2
23
24
25

26
eu
28
29
30
31
32
33

35

years ~ fifteen percent (15%) of monthly basic pay; fifteen (15) years —
twenty percent (20%) of monthly basic pay; twenty (20) years — twenty-five
percent (25%) of monthly basic pay; twenty-five (25) years — thirty percent
(30%) of monthly basic pay; thirty (30) years — thirty-five percent (35%) of
monthly basic pay; thirty-five (35) years — forty percent (40%) of monthly
basic pay; forty (40) years — forty-five percent (45%) of monthly basic pay;
forty-five (45) years — fifty percent (50%) of monthly basic pay. Said amount
shall be paid over and above the monthly salary of the ENR personnel.

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

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

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

. Medical Examination and Immunization. During the tenure of their

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

. Complete physical examination;

. Routine laboratory, chest x-ray and ECG;

. Psychometric examination;

Dental examination; and

. Other indicative examination.

epocp

Provided, that where medical examination shows that medical treatment

Page 9 of 16


ai
2
23
24
25

26
ou
28
29
30
31

32
33
34
35

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

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

a. Complete physical examination;

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

c. Psychometric examination;

d. Dental examination; and

e. Other indicative examination.

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

Sec. 14. Compensation for Injuries/IInesses/Death. ENR personnel shall
be | protected against the consequences of employment
injuries/occupational-related illnesses/death in accordance with existing
laws. Injuries incurred while doing overtime work shall be presumed work-
connected.

Sec. 15. Non-DENR ENR Personnel. ENR Personnel not employed by the
Department, who are involved in environmental management and environment
and natural resources protection functions, and regardless of their employment
status may avail of the benefits of this Act, chargeable against their respective
agencies/local government —_units/offices/private corporations, upon
certification of the Secretary of the Department.

Sec. 16. Honorarium for other services. ENR personnel shall be allowed to
render consultancy services to the private sector and shall be entitled to receive
such honorarium that may be paid to them by the private entity concerned. Such
payments shall be over and above their salary from the government during the

Page 10 of 16


ea

u
12
B
14
1s
16
17
18
19
20
a

23
24

25
26

oa
28
29
30
31
32
33
34

period of the consultancy and skill not be considered as double compensation:
Provided, That the consultancy work will not jeopardize or adversely affect the
operations or activities of his originating office: Provided, further, That the
Secretary of the Department approves such consultancy.

Sec. 17. Exemption from the Attrition Law and Civil Service Rule on
nepotism. — Appointment of ENR personnel to positions of research assistant
and upwards shall not be covered by the Attrition Law and CSC rule on nepotism
in consideration of the highly technical nature of these positions.

Sec. 18. Rights of an ENR Personnel. ENR personnel shall have the following
rights:

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

_ or ethnicity;

2. Protection from any form of interference, intimidation, harassment or

punishment to include, but not limited to, arbitrary reassignment or

termination of service, in the performance of his/her duties and

responsibilities.

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

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

5. Opportunities for continuing professional growth and development.

e

Sec. 19. Reassignment of ENR Personnel.

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

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

c. Except in the interest of public service, no transfer or geographical
reassignment shall be made or effected without written notice to an
environment and natural resources personnel: Provided, That said written
notice, stating the reasons for the reassignment, shall be made at least thirty
(30) days prior to the date of transfer or reassignment: Provided, further,
That, if the environment and natural resources personnel believes that
there is no justification for the transfer and/or reassignment, he/she may
appeal his/her case to the CSC, which shall cause his/her transfer and/or

Page 11 of 16


Oe OE

4
1s

7
18
19

20
21
2

23
24
25

26
a
28

reassignment to be held in abeyance: Provided, furthermore, That

reassignment coinciding with any local or national election shall be

made in compliance with Election Code and other existing laws and rules:

Provided, finally, That the necessary expenses of the transfer and/or

reassignment of the environment and natural resources personnel and
_ his/her immediate family shall be paid for by the agency concerned.

Sec. 20. Married ENR Personnel. Whenever possible, the proper authorities
shall take steps to enable married couples, both of whom are ENR personnel,
to be employed or assigned in the same office, but not in the same unit. Provided,
that it shall not apply to married ENR personnel already assigned in the same
office at the time that this Act takes effect.

Sec. 21. Freedom from Interference or Coercion. It shall be unlawful for
any person to commit any of the following acts of interference or coercion:

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

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

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

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

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

Sec. 22. Freedom from Discrimination. It shall be unlawful for any person
or employer to discriminate against ENR personnel who falls under any of the
following:

a. ENR Personnel that are Solo Parents;

Page 12 of 16


1 b. ENR Personnel that are Benefactors of Senior Citizens. Benefactor shall

2 mean any person related to a Senior Citizen or not who takes care of
3 him/her as a dependent;

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

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

8 Chapter V. Periodic Review Clause

9 Sec. 23, Human Resource Development. The Department shall conduct a
10 periddic human resource development/management study into, among others,
11 the following areas:

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

“4 b) Opportunities for ENR personnel to grow professionally and develop their
1s potentials and experience a sense of worth and dignity in their work;

16 c) Mechanism for democratic consultations;

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

19 ¢) Upgrading of working conditions, reclassification of positions and salaries
20 of ENR personnel, regardless of employment status to correct disparity vis-
21 a-vis other professions; and

n f) Allocation of funds for the participation of ENR personnel in seminars,
2 conferences, conventions, physical fitness and sports development
4 program/activities and similar activities as part of their continuing
2s professional growth.

26 Chapter VI. Security of Tenure and Retirement

27 Sec. 24. Security of Tenure. — No ENR personnel holding a permanent
28 position shall be terminated except for cause: Provided, That, in the event the

Page 13 of 16


ZS ear)

12

14
15
16
7
18
19

20
21
2
23
4
25
26

2

28
29
30
31
32
33
34
35

environment and natural resources personnel is found to be unjustly dismissed
by the CSC or the NLRC; as the case may be, he/she shall be entitled to
reinstatement without loss of seniority rights and back wages with twelve per
centum (12%) interest to be computed from the time his/her compensation was
withheld from him/her up to the time of reinstatement.

Sec. 25. Highest Basic Salary Upon Retirement. Upon retirement, the
Environment and Natural Resources personnel shall automatically be granted
an increase of one (1) salary range or grade higher than his/her basic salary
and his/her retirement benefit thereafter, computed on the basis of his/her
highest salary received: Provided, That he/she has reached the age and
fulfilled service requirements under existing laws.

Sec. 26. Hiring of retired ENR personnel. — An employee retired under any
existing law, who, in the judgment of the governing board or head of a
environmental agency, possesses technical qualifications and the capability to
undertake environmental management activities, may be rehired on contractual
basis without refunding the unexpired portion of the gratuity and
accumulated leave benefits received by him from the Government: Provided, That
no qualified environment and natural resources expert is available to
undertake said technical activities.

Sec. 27. Environmental Awards. - There shall be established an Environment
and Natural Resources Awards Committee which shall confer annually the
Environment and Natural Resources Awards for outstanding achievement/s
and excellence or original contribution to environmental protection/management.
The Committee shall promulgate the guidelines in implementing this Section
and shall specify the categories of awards to be given and the amount of
financial reward for each category.

Chapter VII. Congressional Commission

Sec. 28. Congressional Commission on Environment and Natural
Resources. - There is hereby created a Congressional Commission on
Environment and Natural Resources (ENVICOM) that shall Oversee the
implementation of all the Environment and Natural Resources laws; review
and assess, among others, the state of the Philippine environmental security,
human resources development in Environment and Natural Resources field; and
the implementation of this Act. The Commission shall be composed of five (5)
Members of the House of Representatives and five (5) Members of the Senate. It

Page 14 of 16


4
15
16
7
18

19
20
21

2

23
24
25
26
27
28
29
30
31
32

33

shall be co-chaired by the Chairpersons of the Committee on Environment and
Natural Resources of the Senate and the Committees of Ecology and Natural
Resources of the Lower House. Such congressional review shall be undertaken at
least once every five (5) years.

Chapter VIII. Implementing Rules and Regulations

Sec. 29. Implementing Rules and Regulations. The Secretary of the
Environment and Natural Resources after consultation with appropriate
agencies of the Government as well as professional and environment and natural
resolurces workers’ organizations or unions, shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act. Rules
and regulations issued pursuant to this Section shall take effect thirty (30)
days after publication in a newspaper of general circulation.

Chapter IX. Prohibitions

Sec. 30. Prohibition Against Double Recovery of Benefits. Whenever other
laws provide for the same benefits covered by this Act, the Environment and
Natural Resources personnel shall have the option to choose which benefits will
be paid to him/her. However, in the event that the benefits chosen are less than
that provided under this Act, the ENR personnel shall be paid only the difference.

Sec. 31. Prohibition Against Elimination and/or Diminution. Nothing in this
law shall be construed to eliminate or in any way diminish benefits being enjoyed
by an Environment and Natural Resources workers at the time of the effectivity of
this Act.

Sec. 32. Penal Provision. Any person who shall willfully interfere with, restrain
or coerce any Environment and Natural Resources personnel in the exercise of
his/her rights or shall in any manner commit any act in violation of any of the
provisions of this Act, upon conviction, shall be punished by a fine of not less
than Fifty thousand pesos (P50,000.00) but not more than Eighty thousand
Pesos (P80,000.00) or imprisonment of not more than one (1) year or both at the
discretion of the court.

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

Chapter X. Transitory Provisions

Page 15 of 16


i
12
13

15

16
7
18

20
21
2
23
24
25
26

27

29

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

Sec. 34. Appropriations/Funding. The amount necessary to fully
implement this Act shall be provided in the General Appropriations Act (GAA)
of the year following its enactment into law under the budgetary appropriations
of the DENR, concerned agencies and local government units.

Additional funding may be sourced from five percent (5%) of the fines and
penalties collected by the DENR, Bureaus, Regional Offices, Attached Agencies,
Pollution Adjudication Board (PAB).

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

Sec. 35. Annual Report. The Secretary of the Department shall submit to the
Congressional Commission on Environment and Natural Resources an annual
report on the implementation of this Act.

Chapter XI. Separability and Repealing Clauses

Sec. 36. Separability Clause. The provisions of this Act is declared
separable. In the event that any provision hereof is rendered unconstitutional,
those that are not affected shall remain valid and effective.

Sec. 37. Repealing Clause. All laws, presidential decrees, executive orders
and their implementing rules, or parts thereof, inconsistent with the provisions
of this Act are hereby, repealed; amended or modified accordingly.

Chapter XII. Effectivity Clause

Sec. 38. Effectivity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,

Page 16 of 16