FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1246 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
After the enactment of the Clean Air Act, the greater challenge now is its 
efficient and effective implementation. Having all the powers and functions the 
Department of Environment and Natural Resources (DENR) is currently granted 
to implement, there is an even greater need to review its existing powers and 
functions with the end in view of effectively implementing critical legislation such 
as the Clean Air Act. 
Based on the experience of other countries, such as the United States, 
Australia, 
and 
New 
Zealand, 
among 
others, 
resource 
utilization 
ad 
developmental functions are . separate from environmental protection and 
regulation functions. These two areas of concern are being implemented by 
separate government agencies. 
This bill, therefore, proposes the separation of the environmental 
protection and regulatory functions of the DENR by creating a separate agency 
called the National Environmental Protection Agency (NEPA), which will take 
charge of these other functions. By directing the new agency towards these 
functions, the DENR will be able to concentrate on resource utilization and 
development while this new body will focus on environmental protection and 
regulation. 
This measure does not only build a powerful structure to deal with 
problems of the environment but appropriately strengthens the Pollution 
Adjudication Board and establishes a complementary network of cooperation and 
jOint undertaking between the government and the citizenry, especially at the 
local level. 
In this light of the foregoing, approval of this bill is earnestly requested. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1 246 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
CREATING THE PHILIPPINE ENVIRONMENTAL PROTECTION AUTHORITY, 
DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
1 
CHAPTER I 
2 
GENERAL PROVISIONS 
3 
4 
SEC. 1. Title. - This Act shall be known as the "Philippine Environmental 
5 
Protection Authority Act." 
. 6 
SEC. 2. Declaration of Policy. - Articles II, Sections 15 and 16 of the 
7 
Philippine Constitution provide that the State as matter of policy shall: (1) protect 
8 
and promote the right to health and instill health consciousness among them; and 
9 
(2) protect and advance the right of the people to a balanced and healthful 
10 
ecology in accord with the rhythm and harmony of nature. 
11 
The State shall therefore ensure that social and economic development 
12 
activities of the public and private sectors are undertaken with due regard to the 
13 
people's health, nature's carrying capacity, and the future generations' right over 
14 
sustainable use of current resources and the environment's long-term stability 
15 
and integrity consistent with the growth, development and expansion of 
16 
employment opportunities. 
17 
SEC. 
3. 
Creation of the Philippine Environmental Protection 
18 
Authority. - In order to carryout the declared policies under Section 2 hereof 
19 
and to efficiently and effectively address the problems of natural resource 
20 
degradation and environmental pollution, there is hereby created a Philippine 
21 
Environmental Protection Authority, hereinafter referred to as the Authority, which 
22 
agency shall be directly under the Office of the President. 
2 


, 1 
SEC. 4. Mandate. - The Authority shall be the lead government agency 
2 
primarily responsible for the protection and conservation of the country's 
3 
environment and natural resources through the regulation of environmental 
4 
impact caused by pervasive ,human activities and the prevention, control, 
',. 5 
mitigation and abatement of environmental pollution. 
, 6 
SEC. 5. Powers and Functions. - The Authority shall have the following 
7 
powers and functions; Provided, That certain responsibilities may be devolved to 
8 
local government units in consonance with the Local Government Code: 
9 
(a) Formulate and implement an integrated approach towards the 
.10 
protection of the country's environment and resources; 
11 
(b) Evolve an integrated, multi-sectoral and multi-disciplinary National 
12 
Environmental Protection Strategy which shall focus on critical life-
l3 
support systems; 
14 
(c) Develop and implement comprehensive medium and long-term action 
15 
plans for environmental protection, pollution prevention and control 
16 
that shall form part of the National Economic and Development 
17 
Authority's (NEDA) national development plan; 
18 
(d) Formulate and enforce environmental quality standards for water, air, 
19 
land, noise, radiation and other standards which may fall within its 
20 
jurisdiction in subsequent legislations; 
21 
(e) Promulgate and prescribe policies, rules and regulations regarding 
22 
the control of water, air and land pollution and the proper disposal of 
23 
solid wastes and toxic and hazardous substances; 
24 
(f) 
Develop and undertake an integrated research program pertaining to 
25 
environmental protection, pollution prevention and control; 
26 
(g) Monitor and evaluate the implementation of all laws relating to the 
27 
regulation and control of activities that have an impact on the 
28 
maintenance of a wholesome natural environment and undertake 
29 
and/or recommend measures relative thereto; 
30 
(h) Design, establish and institutionalize, among others: 
31 
(1) An incentives system based on waste minimization, the re-use 
32 
and recycling of materials and the conservation of indigenous 
33 
resources; 
34 
(2) A system of fines, fees and penalties based on various 
35 
strategies such as, but not limited to, the "polluter pays" 
36 
principle, end-of-pipe treatment, and the mitigation, abatement, 
37 
38 
neutralization, clean-up, remediation and rehabilitation of 
pollution-affected areas populations; 
3 


· 1 
2 
3 
4 
5 
(3) An integrated environmental protection permit and licensing 
system covering the regulatory areas of pollution control and 
environmental impact assessment; and 
(4) A cost-effective environmental information system responsive to 
the needs of the Authority. 
6 
(i) 
Prepare, update, monitor and evaluate regional environmental profiles 
7 
and qualities of water, air, land, and ecosystem media; 
· 8 
U) 
Set water, air, land, radiation and ecosystem standards for emissions, 
· 9 
ambient 
air 
and 
water 
quality, 
end-of-pipe 
mitigation, 
and 
'10 
rehabilitation/remed iation/restoration; 
11 
(k) Regulate all Environmental Management Units (EMUs) required in all 
12 
air and water quality management areas, local government units, 
13 
government agencies and instrurnentalities including but not limited to 
14 
those under the Metro Manila Development Authority(MMDA), 
15 
Philippine Economic, Zone Authority (PEZA) , Subic Bay Metropolitan 
16 
Authority (SBMA), Regional Industrial Centers (RICs), National Power 
17 
Corporation (NAPOCOR) and/or its successor entities, Philippine 
18 
National Oil Company (PNOC),and other Government Owned and 
19 
Controlled Corporations (GOCCs) and the private sector; 
20 
(I) 
Extend training and technical assistance to EMUs; 
21 
(m) Take over the functions of local EMUs, on an interim or temporary 
22 
basis where such EMUs are incapable of effectively exercising its 
23 
functions and/or in cases when public interests so dernands; 
24 
(n) Coordinate, monitor and evaluate the implementation of domestic 
25 
environmental 
laws 
and 
international 
environmental 
treaties, 
26 
agreements and conventions; 
27 
(0) Issue subpoena duces tecum, subpoena ad testificandum and cease 
28 
and desist orders; 
29 
(p) Declare a state of emergency in case of actual or imminent 
30 
environmental disasters; 
31 
(q) Expropriate properly after just compensation for public good; 
32 
(r) 
Command and call the assistance of appropriate government 
33 
agencies or instrumentalities for the purpose of enforcing the 
34 
provisions of this Act and its implementing rules and regulations as 
35 
well as the orders and decisions of the Authority; 
36 
(s) Submit an annual 5-year environmental quality status report to the 
37 
President and the Congress; 
4 


1 
(t) 
Conduct information, education, communication and training relating 
2 
to environmental protection and pollution prevention and control; 
3 
(u) Promote cooperation and encourage greater people participation and 
4 
private initiative in environmental protection and pollution prevention 
5 
and control; 
. 6 
(v) Organize the most appropriate implementing mechanism relative to 
. 7 
the performance of its mandated powers and functions; 
: 8 
(w) Adopt, prescribe an~ promulgate rules and regulations governing the 
: 9 
procedures of the Authority with respect to hearings, the filing of 
.10 
reports, the issuance and/or review of all permits and other rules and 
11 
regulations for the PlJrpose of the implementation and enforcement of 
12 
this Act. 
13 
(x) Establish field 
offices 
in 
the 
country's 
administrative and/or 
14 
autonomous regions·to coordinate with the local government units in 
15 
the implementation of the provisions of this Act; and 
16 
(y) Exercise other powers and functions including corporate powers, 
17 
oversight powers over agencies and instrumentalities which activities 
18 
have a direct and residual impacts on the environment, natural and 
19 
human resources such as but not limited to radiation and noise 
20 
regulations, occupational health and safety standards, infrastructures 
21 
and building standards; and perform such acts as may be deemed 
22 
necessary and proper or which may be declared by the Authority to 
23 
be necessary, useful, incidental or auxiliary to accomplish its mandate 
24 
and objectives. 
25 
26 
27 
28 
. CHAPTER II 
AUTHORITY PROPER 
29 
SEC. 6. Office of the Director-General - The Office of the Director-
30 
General shall provide the overall supervision to the Authority. It shall be 
31 
composed of the Director-General and his immediate staff; the Deputy Director-
32 
General; the Office of Assistant Director-General for Public Affairs and 
33 
Education; the Office of Assistant Director-General for Legal and Legislative 
34 
Affairs; the Office of Assistant Director-General for Environmental Planning and 
35 
Research; the Office of Assistant Director-General for Ecosystem Management; 
36 
the Office of Assistant Director-General for Environmental Regulations; and the 
37 
Office 
of Assistant 
Director-General 
for Administrative, 
Financial 
and 
38 
Management Services 
5 


I 
SEC. 7. The Director·General- The Director-General shall be appointed 
2 
by the President for a term of six (6) years from the time of the original date of 
3 
appointment without prejudice to the termination of such appointment for just 
4 
cause. He shall have the status, rank and compensation equivalent to that of a 
5 
cabinet secretary . 
. : 6 
The Director-General shall have the following powers and functions: 
.7 
(a) Establish policies and standards for the efficient and effective 
8 
operation of the Authority in accordance with the overall program of 
.' 9 
the Government; 
10 
(b) Implement rules, regulations and other issuances necessary in 
II 
executing the Authority's mandate, objectives, policies, plans, 
12 
programs and projects and in compliance with international legal 
13 
instruments and agreements regarding environmental protection and 
14 
pollution prevention and control; 
15 
(c) Advise the President on the promulgation of policies, rules and 
16 
regulations and other issuances relative to environmental protection 
17 
and pollution prevention and control; 
18 
(d) Exercise overall sup\3rvision relative to the Authority's functions and 
19 
activities; 
20 
(e) Delegate authority for the performance of any administrative or 
21 
substantive function to the Authority's subordinate officials; 
22 
(f) 
Perform such other. functions as may be provided by law or as 
23 
appropriately assigned by the President. 
24 
SEC. 8. The Deputy Director·General - the Director-General shall be 
25 
assisted by a Deputy Director-General who shall be appointed by the President 
26 
upon the recommendation of the Director-General. The Deputy Director-General 
27 
shall have a fix term of six (6) years from the time of the original date of 
28 
appointment without prejudice to the termination of such appointment for just 
.' 
29 
cause. He shall have the status, rank and compensation equivalent to that of a 
30 
cabinet undersecretary. 
31 
SEC. 9. The Office of the Assistant Director·General for Public Affairs 
32 
and Education. - The Office of the Assistant Director-General for Public Affairs 
33 
and Education shall have the following powers and functions: 
34 
(a) Establish and formulate programs aimed at increasing the awareness 
35 
of the general public regarding environmental issues and concerns; 
36 
(b) Design and implement programs geared towards behavioral change 
37 
and value formation aimed at altering polluter behavior and inculcating 
6 


1 
the environmental ethics of stewardship and the principles and 
2 
practices of sustainable development; 
3 
(c) Plan and engage social-marketing aimed at generating broad-based 
4 
and multi-sectoral support for environmental protection and pollution 
5 
prevention and control; 
.• 6 
(d) Disseminate information on policies, plans, programs and projects 
'7 
8 
relating to environmental protection and pollution prevention and 
control to the general public; 
. 9 
(e) Perform such other functions as may be assigned by the Director-
10 
General. 
11 
SEC. 10. The Office of the Assistant Director-General for Legal and 
12 
Legislative Affairs. - The Office of the Assistant Director-General for Legal and 
13 
Legislative Affairs shall have the following powers and functions: 
14 
(a) Provide legal advice and services on all policies, programs and 
15 
operational matters of the Authority; 
16 
(b) Handle administrative cases filed against any personnel of the 
17 
Authority and submit recommendations pertaining thereto; 
18 
(c) Initiate proper legal actions and proceedings such as but not limited to, 
19 
the prosecution of violators of the Authority's orders, rules and 
20 
regulations; 
21 
(d) Provide legal representation to the Authority in cases where the 
22 
Authority or any of its ~uly authorized officers becomes a party to a suit 
23 
in relation to the exercise of its powers and functions; 
24 
(e) Coordinate with Congress and various agencies in the review, 
25 
evaluation and formulation of relevant guidelines, rules and regulations 
26 
and other legislative measures pertaining to environmental protection 
27 
and pollution prevention and control; and 
28 
(f) Perform such other functions as ay be assigned by the Director-
29 
General. 
30 
SEC. 
11. 
The 
Offic~ of the 
Assistant Director-General for 
31 
Environmental Planning and Research. - The Office of the Assistant Director-
32 
General for Environmental Planning and Research shall have the following 
33 
powers and functions: 
34 
(a) Design , establish and operate an environmental and management 
35 
information system, including data bank development based on 
36 
geographic 
information 
gleaned 
from 
periodic 
environmental 
37 
surveillance, 
reconnaissance 
and 
monitoring 
activities 
utilizing 
7 


, 1 
complementary technologies including but not limited to, aerial 
• 2 
photography and other remote sensing systems; 
, 3 
(b) Formulate comprehensive, multi-year action plans for environmental 
· 4 
protection and pollution prevention and control to be endorsed to 
5 
NEDA for adoption into the national development plan; 
6 
(c) Formulate and recommend to the Authority environmental quality 
· 7 
standards for water, air, land, noise, radiation and the like and 
8 
environmental management guidelines for gaseous , liquid, solid, as 
9 
well as, toxic ad hazardous wastes; 
10 
(d) Formulate and recommend an integrated research program pertaining 
11 
to 
water, 
air, 
and 
land 
pollution, 
including 
research 
into 
12 
13 
environmentally-sound 
technologies 
technologies; 
and 
pollution 
control 
14 
(e) Conduct research studies on specific environmental problems 
15 
including but not limited to, soil erosion and deforestation; 
16 
(f) Review, analyze and evaluate existing as well as proposed 
17 
environmental protection and pollution prevention and control poliCies, 
18 
plans, programs, and projects; 
19 
(g) Prepare the environmental quality status report to be submitted to the 
20 
President and Congress; 
21 
(h) Conduct post-audit ~tudies of environmental impact assessments 
22 
prepared in accordance with Presidential Decree 1586; 
23 
(i) Provide research laboratory services pursuant to the Authority's 
24 
exercise of regulatory functions such as, but not limited to, the setting 
25 
of standards and permit and licensing activities; 
26 
U) provide research support services to the field offices of the Authority n 
27 
order to ensure their efficient and effective operation; and 
28 
(k) Perform such other functions as may be assigned by the Director-
29 
General. 
30 
SEC. 12. The 
Office of the Assistant Director-
General for 
31 
Ecosystems Management. - The Office of the Assistant Director-General for 
32 
Ecosystems Management shall have the following powers ad functions: 
33 
(a) Formulate an integrated, mUlti-sectoral and multi-disciplinary national 
34 
environmental protection and pollution prevention control strategy; 
35 
(b) Formulate policies, rules and regulations for the protection of 
36 
vulnerable ecosystems such as but not limited to coastal zones, inland 
37 
lakes and critical islands; 
8 


1 
(c) Formulate operational plans on the rehabilitation or upgrading of the 
. 2 
quality of degraded and damaged ecosystems; 
3 
(d) Coordinate 
the 
implementation 
of 
the 
approved 
National 
4 
Environmental Protection Strategy, as well as the operational plans for 
.. 5 
ecosystem and rehabilitation; and 
6 
(e) Perform such other functions as may be assigned by the Director-
7 
General. 
8 
SEC. 
13. 
The 
Office 
of the 
Assistant Director-General for 
9 
Environmental Regulations. - The Office of the Assistant Director General for 
10 
Environmental Regulations shall exercise the following powers and functions: 
11 
(a) Design, establish and institutionalize a unified environmental permit 
12 
and licensing system for pollution control, land use planning/zoning 
13 
and environmental impact assessment; 
J4 
(b) Review, analyze and evaluate pertinent technical/legal documents 
15 
pertaining to environmental permitting/licensing in order to determine 
16 
the environmental acceptability and/or soundness of programs, 
17 
projects and activities that might significantly affect the environment.; 
18 
(c) Issue standards, rules and regulations to govern the approval of plans 
19 
and specifications for sewage works and industrial waste disposal 
20 
systems and the issuance of permits relative thereto, inspect the 
21 
construction and maintenance of sewage works and industrial waste 
22 
disposal system for compliance to plans; 
23 
(d) make, alter or modify orders requiring the discontinuance of pollution 
24 
specifying 
the 
conditions 
and 
the 
time 
within 
which 
such 
25 
discontinuance must be accomplished; 
26 
(e) Issue, renew, or revoke permits, under such conditions as it may 
27 
determine to be reasonable, for the prevention and abatement of 
28 
pollution, for the discharge of sewage and industrial waste or for the 
29 
installation or operation of sewage works and industrial disposal 
30 
systems or parts thereof; 
31 
(f) Perform investigative and monitoring functions to ensure the 
32 
compliance of proponents with the Authority's rules and regulations; 
33 
(g) Coordination and implementation by the public and private sectors of 
34 
the NEDA-adopted multi-year action plan for environmental protection 
35 
and pollution prevention and control; and 
~6 
(h) Perform such other functions as may be assigned by the Director-
37 
General. 
9 


1 
SEC. 
14. 
The 
Office of the Assistant Director-General for 
2 
Administrative, Financial and Management Services. -
The Office of the 
3 
Assistant Director-General for Administrative, Financial and Management 
4 
Services shall have the following powers and functions: 
. 5 
(a) Administer the corporate mandates of the Authority; 
. 6 
(b) Provide services relative to personnel information, records, supplies, 
7 
equipment, collection and disbursements, security, and custodial 
8 
works; 
9 
(c) Advice the Authority relative to budgetary, financial, and management 
10 
improvement matters;.and 
11 
(d) Perform such other functions as may be assigned by the Director-
12 
General. 
13 
SEC. 15. Regional Regulatory offices of the Authority. - Field offices 
14 
of the Authority are hereby created and established to cover regulatory regions in 
15 
the following areas: 
16 
(a) Central Regulatory Region to cover the Laguna de Bay Region and the 
17 
rest of the national Capital Region; 
18 
(b) Northern Luzon Regulatory Region to cover Regions I, II, III and the 
19 
Cordilleras; 
20 
(c) Southern Luzon Regulatory Region to cover Regions IV and V; 
21 
(d) Eastern Visayas Regulatory Region to cover Region VIII and the 
22 
Provinces of Cebu, Bohol and Siquijor; 
23 
(e) Western Visayas Regulatory Region to cover Region VI and the 
24 
Provinces of Negros Occidental and Oriental; 
25 
(f) Northern Mindanao Regulatory Region to cover Regions IX, X, XIII and 
26 
ARMM; and 
27 
(g) Southern Mindanao Regulatory Region to cover Regions XI and XII. 
28 
The regional regulatory offices of the Authority shall have the following 
29 
powers and functions: 
30 
(1) Assist the EMUs and other environmental quality management 
31 
areas within their regional jurisdiction in the implementation of 
32 
environmental protection and pollution prevention and control 
33 
laws, as well as implement policies, plans, programs, projects, 
34 
rules and regulations of the Authority in consonance with the 
35 
objectives of sustainable development; 
36 
(2) Coordinate with other departments, offices, and agencies in the 
37 
region and local government units in the enforcement of 
10 


environmental protection and pollution prevention and control 
2 
laws; 
3 
(3) Formulate, monitor, evaluate and implement regional medium and 
· 4 
long-term action plans for environmental protection and pollution 
5 
prevention and control; 
6 
(4) Conduct appropriate field research and investigative activities 
7 
such 
as, 
but not limited to, 
environmental surveillance, 
· 8 
reconnaissance and monitoring in the region; 
· 9 
(5) Respond to complaints and queries from the public regarding 
10 
environmental protection and pollution prevention and control; 
11 
(6) Provide 
support 
services 
to 
the 
regional 
Environmental 
12 
Adjudication Commissions; and 
13 
(h) Perform such other functions as may be assigned by the Director-
14 
General. 
15 
SEC. 16. Environmental Adjudication Commission. -
The Pollution 
J 6 
Adjudication Board creat¢d under Executive Order No. 
192 is hereby 
17 
reconstituted into the Environmental Adjudication Commission (EAC). It shall be 
18 
composed of a Chairman and six (6) Commissioners to be appointed by the 
19 
President, through the recommendation of the Director-General, from the 
20 
following 
sectors: 
business, 
academe, 
professional 
organizations 
on 
21 
environmental protection practic.e, environmental non-government organizations 
22 
(NGOs) ad labor: Provided, That there shall be at least one (1) member 
23 
representing the sectors as mentioned: Provided, further, That the Chairman of 
24 
the Commission shall be an environmental protection practitioner for at least five 
25 
(5) years prior to his appointment. 
26 
The Chairman and the Commissioners shall have a fix term of six (6) 
27 
years from the time of the original date of appointment without prejudice to the 
28 
termination of such appointment for just cause. Of those first appointed, three 
29 
members shall hold office for six (6) years, two members for four (4) years, and 
30 
the last member for two (2) years. 
31 
The Chairman shall have the status, rank and compensation equivalent to 
32 
that of a cabinet undersecretary while the Commissioners shall have the status, 
33 
rank and compensation equivalent to that of an assistant secretary. 
34 
The EAC shall have the following powers and functions: 
35 
(a) Hear and decide all cases falling within its jurisdiction as provided for in 
36 
Executive Order No. 192 and other related laws and issuances; 
37 
(b) Make, issue, alter or modify orders necessary and incidental to the 
38 
enforcement of decisions made by the Commission; 
11 


(c) Serve as arbiter for the determination of reparation or restitution of 
2 
damages and losses resulting from environmental degradation or 
3 
pollution; 
• 4 
(d) Deputize in writing or command and call the appropriate government 
· 5 
agencies or instrumentalities for the purpose of enforcing its decisions; 
: 6 
(e) Issue, in case of imminent danger to life or property, an ex-parte order 
.' 7 
directing the discontfnuance of pollution or wastes, or temporary 
• 8 
suspension or cess~tion of operation of the equipment, project or 
9 
activity and other acti:/ causing environmental degradation, generating 
10 
such pollutants or wastes, without the necessity of a previous public 
11 
hearing; 
12 
(f) Provide for its own organizational set up and rules of procedure in the 
13 
conduct of its official functions; and 
14 
(g) Exercise such powers and perform such other functions as may be 
15 
necessary to carry out its duties and responsibilities under this Act. 
16 
The EACs powers and functions may be delegated to the Regional EACs 
17 
in accordance with the rules and regulations to be promulgated by the 
18 
Commission. 
19 
SEC. 17. Restructuring of the Philippine Council for Sustainable 
20 
Development. - The Philippine Council for Sustainable Development (PCSD) 
21 
created by Executive Order No. 15 is hereby restructured. The PCSD shall be 
22 
chaired by the NEDA Director-General and co-chaired by the Secretary of 
23 
Natural Resources and the Director-General of the Authority. The Secretariat 
24 
functions of the PCSD shall be transferred to the Authority. 
25 
The PCSD may create and establish Regional Councils for Sustainable 
26 
Development (RCSDs), to be chaired by a governor, elected from among the 
27 
member provinces and vice-chaired by the highest regional officials of the 
28 
Authority, the NEDA and the Department of Natural Resources. 
29 
SEC. 18. Policy and Program Advisory Body. - There is hereby created 
30 
a Policy and Program Advisory Body hereinafter referred to as the Advisory Body 
31 
to be composed of all relevant officials and staff of the Authority; officials and 
32 
staff of other relevant government agencies and instrumentalities; relevant 
33 
industry 
and 
business 
organization 
officials; 
registered/recognized 
non-
34 
government and people's organizations with known interest in environmental 
35 
protection; and other interested individuals and entities with known contributions 
36 
to environmental and pollution concerns. 
37 
The Advisory Body shall' serve as the consultative assembly that shall 
38 
assist in the formulation and development of comprehensive, strategic multi-year 
12 


: 1 
plans and programs for environmental protection, pollution prevention and 
2 
control: Provided, That the Director-General shall issue a list of actual members 
3 
and appropriate authorization for the attendance of such individuals and entities 
4 
in every meeting or assembly of the Advisory Body: Provided, further, That the 
5 
Advisory Body shall meet at least once every calendar year: Provided, final/y, 
· 6 
That such attendance shall be voluntary and authorized attendees shall not be 
· 7 
entitled to any form of compensation. 
·.8 
SEC. 19. Qualifications. -
No person shall be appointed Director-
· 9 
General, Deputy Director-General, or Assistant Director-General of the Authority 
10 
unless he is a citizen and resident of the Philippines, of good moral character, 
11 
and proven competence in any of the following field: (a) environmental science 
.12 
and/or similar disciplines; (b) public administration; (c) law; (d) management; (e) 
13 
relevant social science disciplines. 
14 
SEC. 20. Organization. - The Director-General, with the approval of the 
15 
President, may organize, restructure and redefine the functions of the offices 
16 
defined in previous Sections in line with the effective discharge of the powers and 
17 
functions of the Authority under this Act. 
18 
19 
20 
21 
CHAPTER 11/ 
TRANSITORYPROVISIONS 
22 
SEC. 21. Abolition of, Agencies, Transfer of Powers, Functions, 
23 
Rights, Assets and Liabilities. - The Environmental Management Bureau and 
24 
the Ecosystem Research and Development Bureau of the Department of 
25 
Environment and Natural Resources created under Executive order No. 192 and 
26 
the Laguna Lake Development Authority created under Executive Order No. 927, 
27 
series of 1983, are hereby abolished subject to the provisions of this Act. 
28 
The powers and functions, including the developmental and corporate 
29 
mandates and field services of the said agencies are hereby transferred to the 
30 
Authority and the Authority shall, by virtue of this Act, be subrogated to all the 
31 
rights and assets of aforesaid agencies and all other agencies and government 
32 
units whose functions and powers have been transferred to the Authority. All the 
33 
contracts and liabilities of said offices and agencies are hereby transferred to and 
34 
assumed by the Authority and shall be acted upon in accordance with the 
35 
Auditing Code and other pertinent laws, rules and regulations. 
36 
SEC. 22. Rationalization or Transfer of Functions of Related 
37 
Agencies. -
The following functions of the respective agencies are hereby 
38 
transferred to the Authority: 
13 


1 
(a) The land use and zoning functions of the Metro Manila Development 
2 
Authority, created by virtue of R.A. 7924; 
• 3 
(b) The land use and zoning functions of the Housing and Land Use 
4 
Regulatory Board, formerly the Human Settlements Regulatory 
5 
6 
Commission created by virtue of E.O. No. 64, series of 1981, as 
amended by E.O. No. 90, series of 1986; 
7 
(c) The regulatory and control functions for pesticides and other 
· 8 
agricultural chemicals of the Fertilizer and Pesticide Authority created 
· 9 
by virtue of p.o. 1144; 
10 
(d) The functions for fuel.testing and regulatory activities for fuels and fuel 
11 
additives and other similar chemicals of the Department of Energy 
12 
created by virtue of R.A. 7638; 
13 
(e) The mines safety and environmental protection functions of the Mines 
14 
and Geo-Sciences Bureau provided under R.A. No. 7942; 
, 
15 
(f) The regulatory functions for drinking water quality standards of the 
16 
Department of Health created by virtue of E.O. 192; and 
17 
(g) The accreditation and authorization of private emission testing centers 
18 
provided for under R.A. No. 8749 and subsequent issuances on 
19 
emission regulations under the motor vehicle inspection systems. 
20 
The foregoing transfer of powers and functions shall include all applicable 
21 
funds and appropriations, records, equipment, property, and such personnel as 
22 
may be necessary: Provided, That only such amount of funds and appropriations 
23 
of these agencies as well as only the personnel thereof which are completely or 
24 
primarily involved in the exercise of the functions to be transferred to the 
25 
Authority shall be affected by such transfer. 
26 
The Philippine Coast Guard (PCG) is hereby designated as the lead 
27 
enforcement arm of the Authority in marine pollution regulation. For this purpose, 
28 
the Authority and the PCG shall institute within sixty (60) days upon the approval 
29 
of this Act, such mechanisms ;;lnd collaborative networks and undertakings to 
30 
implement this provision. 
31 
SEC. 23. Structure and: Staffing Pattern. - The Director-General shall, 
32 
within (60) days upon the effectivity of this Act, prescribe and approve the 
33 
organizational framework and staffing pattern of the Authority. 
34 
The positions created therein shall be filed by regular appointments by the 
35 
President or the Director-General as the case may be: Provided, That in the 
36 
filling of positions created, preference shall be given to the personnel of the 
37 
Environmental Management Bureau, Ecosystems Research and Development 
38 
Bureau, the Laguna Lake Development Authority and related agencies affected 
14 


by the provisions of this Act: Provided, however, That such individuals comply 
· 2 
with the qualification standards set by the Civil Service Commission for the 
3 
positions that they shall be appointed to: Provided, finally, That if such individuals 
4 
possess the same qualifications, seniority shall be given preference. 
· 5 
SEC. 24. Personnel Rights and Separation from Service. -
The 
· 6 
Director- General , heads of concerned agencies and the Chairman of the Civil 
· 7 
Service Commission shall see to it that all the rights of personnel affected by the 
· 8 
abolition, rationalization and reiorganization are respected in accordance with 
9 
prevailing civil service laws, rules and regulations. 
10 
Employees separated from the service as a result of this reorganization 
J 1 
shall, within six (6) months from their separation from the service, receive the 
12 
retirement benefits to which they may be entitled under existing laws, rules, and 
13 
regulations. 
14 
15 
CHAPTER IV 
16 
APPROPRIATIONS 
17 
18 
SEC. 25. Appropriatio'!s. -
Such amounts as may be necessary to 
19 
effectively and efficiently carry out the provisions of this Act is hereby 
20 
appropriated from the funds of the National Treasury not otherwise appropriated: 
21 
Provided, That the herein appropriated amount shall only be supplemental to the 
22 
funds and similar proceeds provided for under Sections 21 and 22 of this Act. 
23 
Thereafter, such amounts as may be necessary for the continued operation and 
24 
maintenance of the Authority shall be included in the annual General 
25 
Appropriations Act. 
26 
27 
28 
29 
CHAPTER V 
MISCELLANEOUS PROVISIONS 
30 
SEC. 26. - Disclosure and Divestment of Financial Interests. - Before 
31 
assumption of office, the Director-General of the Authority, the Deputy Director-
. 32 
General, and the Assistant Director-General shall submit to the Civil Service 
33 
Commission a list of !'III companies, partnerships, or business enterprises, 
34 
including non-profit organizations, in which they or any immediate member of 
35 
their families within the second degree of consanguinity or affinity have any form 
36 
of financial interest or employment relationship, including conSUltancy work: 
37 
Provided, That upon assumption office, all other employment, including 
15 


1 
consultancy work, held by such officers of the Authority shall immediately be 
2 
terminated. 
·3 
Within thirty (30) days upon assumption office, a complete divestment of 
4 
financial interests in any situation, firm, or company, which fall under the 
. 5 
supervisory or regulatory jurisdiction of the Authority, shall be made. 
6 
SEC. 27. Records Keeping, Inspection, Monitoring, and Entry by the 
7 
Philippine Environmental Protection Authority. -
8 
(a) For purposes of developing or assisting the development of any 
. 9 
implementation plan, any standard of performance or any emission, 
10 
standard, and of determining whether any person violates any of such 
11 
standard or any requirement of such plan, the Authority may require 
12 
any person who is subject to the provisions of this Actor any other 
13 
requirement provided for n this Act or its implementing rules and 
.14 
regulations to: 
15 
(1) Establish and maintain records; 
16 
(2) Prepare reports; 
17 
(3) Install, use and maintain equipment or methods; 
18 
(4) Sample emissions in accordance with the methods and at such 
19 
intervals and locations, as the Authority shall prescribe; 
20 
(5) Keep records on control equipment parameters, production 
.21 
variables or other indirect data monitoring of emission is 
22 
impracticable; and 
23 
(6) Provide such other information as may reasonably be required. 
24 
(b) The Authority or its authorized representative, upon presentation of his 
25 
credentials: 
26 
(1) Shall have the right to, upon or through any premises of such 
27 
person or entity in which any records required to be maintained 
28 
under the paragraph (1) hereof are located; and 
29 
(2) May, lilt reasona~le times, have access to and copies of any 
30 
records, inspect any monitoring equipment or methods and sample 
31 
any emission/discharges which such person is required to sample 
32 
under paragraph (a) hereof; 
33 
(c) The Authority shall, in the case of any person who is the owner or 
34 
operator of a major stationary source, and may, in the case of any 
35 
either person, require enhanced monitoring and submission of anti-
36 
pollution/emission/discharge compliance certification. Such compliance 
37 
certifications shall include information regarding the following: 
16 


1 
(1) Identification of the applicable requirement that is the basis of the 
2 
certification; 
3 
(2) Compliance status; 
4 
(3) Whether compliance is continuous or intermittent; and 
5 
(4) Such other facts as may reasonably be required. 
6 
(d) Submission of a compliance certification shall in no way limit the 
7 
PEPA's authority to investigate or otherwise implement the provisions 
8 
of this Act. 
9 
(e) Any record, report or information obtained under this Section shall be 
10 
available to the public, except upon a satisfactory showing to the 
11 
Authority, that records, reports, or information, or parts thereof, if made 
12 
public, would divulge methods or processes entitled to protection as 
13 
trade secrets. 
14 
SEC. 28. Role of Local Government Units. - All local government units 
15 
shall, pursuant to national policies and subject to the provision, control and 
16 
review of the Authority, enforce the provisions of this law, Provided, That the 
17 
Authority shall take into consideration the principles and provisions of devolution 
18 
and local autonomy in the local Government Code. 
19 
Local government units shall design their own implementation plans to 
20 
address the causes of environmental pollution with their respective jurisdictional 
21 
boundaries to guarantee the national standards set by the Authority or stricter 
22 
standards if desired by such local government units. 
23 
Each local government unit may develop and submit to the Authority a 
24 
procedure for carrying out the provision of this Section in their respective 
25 
localities. If the Authority finds the local government unit procedures adequate, it 
26 
may delegate to such unit any authority in carrying out this function: Provided, 
27 
however, That PEPA shall maintain its authority to independently inspect the 
28 
enforcement procedure adopted: Provided, further, That the Authority shall have 
29 
the power to take over all or parts of a local government program if the local 
30 
government unit concerned lacks the capability to carry out the provisions of this 
31 
Act, or fails to meet or fairly enforce the national standards set by the Authority. 
32 
SEC. 29. Cooperative. Activities. -
The Authority shall encourage 
33 
cooperative activities by the national and local governments for environmental 
34 
protection and pollution prevention and control. It shall also encourage the 
35 
enactment of - in so far as practicable and in the light of varying conditions and 
36 
needs -
improved and uniform laws and local ordinances relating to 
37 
environmental protection and pollution prevention and control so as to assure the 
17 


• 
1 
2 
3 
': 4 
:, 5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
utilization of all appropriate and available facilities and resources within the 
National Government. 
SEC. 
30. 
Participation of the 
People 
and Non-Government 
Organizations in Environmental Protection and Pol/ution Prevention and 
Control. - The people's right to a healthy environment shall also vest upon the 
people the duty to engage in activities to protect the environment and to prevent 
pollution. 
People's and non-government organizations or NGOs undertaking 
environment-related activities shall be encouraged in their efforts to organize, 
educate and motivate the people in addressing pertinent environmental issues 
and problems at the local and national levels including their membership and 
participation to the activities of the Policy and Program Advisory Body provided 
for under Section 18 of this Act. 
SEC. 31. Citizen's Suit. - any citizen or group of citizens shall have the 
right and power to institute the appropriate legal action and administrative 
proceeding, as the case may be, against violators of environmental protection 
and pollution control laws. 
No temporary or permanent injunction or restraining order in any case 
involving or arising out of any administrative complaint filed before the Authority 
shall be issued by any court or other entity. 
SEC. 32. Reorganization of the Department of Environment and 
Natural Resources (DENR). - 'As a consequence of the creation of the PEPA 
pursuant to this Act, the President is hereby authorized to reorganize the DENR 
into an agency that shall be responsible for the development and conservation of 
natural resources such as but not limited to lands, mines and minerals, water, 
forestry, protected areas and similar resources: Provided, That the reorganization 
shall be in accordance with applicable civil service laws, rules and regulations. 
SEC. 33. National Environment Protection Fund (NEPFUND). - There 
is hereby created a National Environment Protection Fund to be administered by 
the Authority for the purpose of financing adequate, suitable and appropriate 
measures to protect ;3nd improve environmental quality. The administration of the 
NEPFUND shall be in accordance 'with the corporate powers vested upon the 
Authority and shall be separate and distinct from the appropriations which the 
Authority shall receive in accordance with Section 25 of this Act: Provided, That 
the Authority, in coordination with the local government units and other relevant 
EMUs, shall institute a mechanism whereby funds collected under this Section 
shall be extended on a regular basis to concerned LGUs and relevant EMUs 
18 


. 1 
solely for the purpose of enforcing environmental protection laws and developing 
: 2 
local regulations in furtherance of this Act. 
3 
To finance the said Fund; there is hereby imposed the following: 
4 
(a) A national environment protection fee equivalent to ten percent (10%) of 
5 
the total fees charged, which in no case shall exceed the amount of one 
6 
hundred pesos (P100.00) for every business or non-business permit or 
7 
license issued by the government. 
. 8 
(b) An allocation equivalent .to ten percent (10%) of the total unclaimed bank 
9 
balances escheated in favor of the State under Act No. 3936, as amended 
10 
(unclaimed Balances Law); 
11 
(c) Proceeds from fines and.penalties and user charges prescribed in natural 
12 
resource conservation and environmental protection laws and other 
13 
penalties imposed by the Authority; 
14 
(d) Proceeds from amounts levied by public utility firms as environment fees 
15 
and/or environment protection fees; and 
16 
(e) Grants, subsidies, endowments and donations in the form of contributions. 
17 
Such contributions shall be exempt from the payment of taxes. 
18 
SEC. 34. Repealing Clause. - All laws, presidential decrees, executive 
19 
orders, letters or instruction, rules and regulations or parts thereof 
20 
inconsistent with the provisions of this Act are hereby repealed or modified 
21 
accordingly. 
22 
SEC. 35. Separability Clause. - If, for ay reason, any portion or part of 
23 
this Act is declared unconstitutional or invalid, the rest of the provisions not 
24 
affected thereby shall remain in full force and effect. 
25 
SEC. 36. Effectivity. - This Act shall take effect fifteen (15) days after its 
26 
complete publication in at least two (2) newspapers of general circulation. 
27 
28 
Approved, 
19