NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
Senate
0( t}]C, £fif 'vrtii I'p
72 JUL-7 P2-44
SENA’
A
S.B. No.
RKCElVi-D 8Y:
Introduced by Senator Maria Lourdes Nancy S. Binay
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
EXPLANATORY NOTE
Section 16, Article II of the Constitution provides that the State shall protect and 
advance the right of the people to a balanced and healthful ecology in accord with the 
rhythm and harmony of nature. This bill seeks to create an Environmental Protection 
and Enforcement Bureau (EPEB) under the Department of Environment and Natural 
Resources for the furtherance of the right of the people to a balanced and healthful 
ecology.
The Philippines is a biodiversity hotspot as it contains two-thirds of the world's 
biodiversity in its isolated archipelagic topography, which makes it extremely vulnerable 
to threats and exploitation of iis natural resources. Forest covers, mangrove areas, and 
our reefs, which house our endemic flora and fauna, are depleting daily and will 
continue to decrease if we do not actively protect it.
Illegal logging, wildlife trade, and improper disposal of hazardous waste are just 
some of the many problems our environment face, which hinder the natural equilibrium 
that we want to achieve. As a crime against the environment is a crime against all, it 
is necessary to strengthen the enforcement of environmental laws and regulations so 
that our children and our chilcren's children may live to see and nurture the Philippine 
plants and animals which make up our unique ecosystem.
In view of the foregoing, the passage of this measure is earnestly sought.
MARIA LOURDES NANCY S. BINAY


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NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
S.B. No. 114
o{ tl)f t;
*22 JUL-7 P2 ’44
RECEIVED BY;
Introduced by Senator Maria Lourdes Nancy S. Binay
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 Phiiippines in 
congress assembied:
SECTION 1. Short Tide. - This Act shall be known as the "Environmental 
Protection and Enforcement Bureau (EP£B) Act"
SEC. 2. Deciaration of Poiicy. - 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


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SEC. 3.
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phrases shall
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(a)
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(b)
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(c)
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(d)
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(e)
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(0
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(g)
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(h)
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(i)
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laws.
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.
Bureau - refers to the Environmental Protection and Enforcement 
Bureau.
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.
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.
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.
Resources (DENR).
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.
Enforcement areas - refers to any geographic area In the 
Philippines where priority enforcement response is needed.
Forensic - refers to the application scientific methods of analyzing 
evidence and samples for purposes of criminal, civil, or 
administrative procedure.


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(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,
(l) 
Reguiated 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.
(o) 
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 SLAPP 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.


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


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


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shall take the lead and other law enforcement agencies shall collaborate and render 
assistance.
SEC. 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
Deputy Director General for Operations
Director V
SG 29
Deputy Director General for 
Administration
Director V
SG 29
Regional Director
Director III
SG 27
Chief for Enforcement Division
Director I
SG 25
Chief for Investigation and Legal 
Division
Director I
SG 25
Chief for Finance and Logistics Division
Director I
SG 25
Chief for Administrative and Human 
Resource Division
Director I
SG 25
Chief for Planning and Knowledge 
Information Division
Director I
SG 25
Director for Forensic Laboratory
Director I
SG 25
Regional Legal Division Chief
Attorney V
SG 25
Supervising Environmental Prosecutor
Attorney IV
SG 23
Environmental Prosecutor
Attorney III
SG 21
Regional Enforcement Division Chief
Division Chief
SG 24
Regional Management Division Chief
Division Chief
SG 24
Supervising Enforcement Officer
Senior Officer V
SG 22
Enforcement Officer IV
Officer IV
SG 19
Enforcement Officer III
Officer III
SG 16
Enforcement Officer II
Officer II
SG 13
Enforcement Officer I
Officer I
SG 11
Ranger Technician
Ranger III
SG 9
Ranger
Ranger II
SG 7
Ranger
Ranger I
SG 5


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SEC. 8. Forensic Laboratory. - The Bureau shall establish and maintain an up- 
to-date forensic laboratory to be headed by a Director and supported by as many 
sections as may be deemed necessary, which may include chemical and toxicology, 
genetics, criminalistics, veterinary, morphology, and digital. The Forensic Laboratory 
may be composed of the following staffing complement:
Job Title
Career Level
Salary Grade
Director for Forensic Laboratory
Director I
SG 25
Section Chief on Chemistry and 
Toxicology
Section Chief
SG 22
Section Chief on Genetics and Forensic 
Biology
Section Chief
SG 22
Section Chief on Criminalistics
Section Chief
SG 22
Section Chief on Veterinary
Section Chief
SG 22
Section Chief on Taxonomy and 
Morphology
Section Chief
SG 22
Section Chief on Geology
Section Chief
SG 22
Senior Computer Programmer and 
Information Technology Officer
ENRE Officer IV
SG 19
Analyst III
ENRE Officer III
SG 16
Analyst II
ENRE Officer II
SG 13
Analyst I
ENRE Officer I
SG 11
SEC. 9. Environment and Naturai 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.
SEC. 10. Powers and Functions of the Director Generai. - 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;


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


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(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;
(c) 
To take and require sworn 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 funct ons under this law; and
(f) 
To perform such other functions as may be assigned by the 
Bureau.
SEC. 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.
SEC. 13. Inter-agency Environmentai 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.
SEC. 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.


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SEC. 15. Strategic Lawsuit Against Pubiic 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.
SEC. 16. Prohibition on the Issuance of Temporary Restraining Orders^ 
Preiiminary Injunctions, and Preiiminary 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.
SEC. 17. Assauits against Environment and Naturai 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.
SEC. 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.
SEC. 19. Power to Issue Cease and Desist Orders and to Summariiy 
Abate Without the Necessity of Judiciai 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.
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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.
SEC. 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 cf 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.
SEC. 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.
SEC. 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 non­
enforcement 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 non­
enforcement functions or offices of the said agencies.
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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.
SEC. 23. Implementing Rules and Regulations. - The Department, in 
consultation with concerned government agencies and stakeholders, shall 
promulgate the implementing rules and regulations of this Act, within six (6) 
months from the effectivity of this Act.
SEC. 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.
SEC. 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.
SEC. 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,
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