Environmental Protection and Enforcement Bureau (Epeb)

Senait Officp of the Ercretarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 AUG 27 A9:14 SENATE RECEIVED BY: 1250 S. No._ Introduced by Senator Loren Legarda AN ACT CREATING THE ENVIRONMENTAL PROTECTION AND ENFORCEMENT BUREAU (EPEB) UNDER THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), PROVIDING FOR ITS POWER AND FUNCTIONS AND APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Philippines is playing a notoriously substantial role in the illegal trade, not only as a poaching area and transshipment point, but the country has also increasingly become an end destination for exotic pets. Even at the height of the COVID-19 quarantine measures, the illegal trade of wildlife went on in online forums or social media pages. On top of this, illegal logging is still being reported in the field. The Department of Environment and Natural Resources (DENR) estimated that the total value of wildlife trafficking alone is at 50 billion pesos, and illegal logging data if aggregated, could even be higher. The estimates do not include trafficking done through the Philippines. With increasing habitat destruction from conversion through logging and encroachment to poaching and the illegal transshipment of wildlife, there are increasing risks of encountering zoonotic diseases due to the degradation of habitats, which will increase human-wildlife interactions. In addition, weak enforcement of pollution laws for environmental threats such as wastewater, solid waste, hospital waste, and hazardous waste, as well as an infraction of protected area laws, rules and regulations have brought numerous issues with tremendous economic problems.

This measure seeks to support the initiative within the DENR to professionalize and institutionalize law enforcement in the agency by creating the Environmental Protection and Enforcement Bureau (EPEB) through congressional action. Through the EPEB, DENR can strengthen its environmental law enforcement capacity and its synergy with other agencies having environmental law enforcement duties. The EPEB will allow the DENR to target the syndicates responsible for wildlife and timber trafficking. In terms of pollution control and the law on hazardous materials, the EPEB can improve its capabilities to detect and stop these violations, especially those involving hospital wastes and discharges by pollutive industries. The EPEB will utilize advanced skills training on crime scene forensics, intelligence, surveillance, and investigation, DNA, and other criminalistics to go after high-profile perpetrators and build up cases on entire networks of traffickers rather than just the low-level poachers. The forensics lab contained in the proposed measure will cover the entire range of needs of the DEN to address violations of most, if not all, environmental laws, including logging, wildlife poaching, toxic contaminations, pollution, and hazardous materials and wastes. In view of the foregoing, the immediate passage of this measure is earnestly sought. -LOREN LEGARDA

Senate I Offier of tie Birctarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) AUG 27 A9:14 First Regular Session RECEIVED BY: SENATE S. No. 1250 Introduced by Senator Loren Legarda CREATING THE ENVIRONMENTAL PROTECTION AND ENFORCEMENT BUREAU (EPEB) UNDER THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), PROVIDING FOR ITS POWER AND FUNCTIONS AND APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Environmental

Protection and Enforcement Bureau (EPEB).

Sec. 2. Declaration of Policy. - It is the policy of the State to:

a. Maintain an effective, competent, modern, current, and highly- trained enforcement body to address violations of environment and natural resources laws, rules and regulations in order to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; b. Strengthen and professionalize environment and natural resources protection and law enforcement with appropriate structure, science and technology, manpower, and capability; c. Formulate plans and programs relative to environment and natural resources protection to enhance and modernize capacities to address all types of environmental crimes, including transnational/transboundary violations, taking cognizance of the worsening global environmental situation;

d. Promote shared duties and responsibilities, and capacitate other law enforcement agencies and local government units on environmental law enforcement; and e. Ensure fair, swift, and certain enforcement of environmental laws.

Sec. 3. Definition of Terms. - As used in this Act, the following terms and

phrases shall mean as follows: a. Abatement - refers to a legal document issued by the Bureau, its officers and enforces, ordering the suspension or cessation, in whole or in part, or removal of a problem or nuisances, which is against environmental and natural resources laws committed in prohibited areas, and/or other public areas, where such act is prohibited. b. Bureau - refers to the Environmental Protection and Enforcement Bureau. c. Cease and Desist Order (CDO) - refers to an order duly issued by the Secretary or the Bureau directing or enjoining any person, business or organization, or government agency, to stop or continue doing an act considered harmful or illegal and/or in order to protect, preserve or rehabilitate the environment. A CDO may be permanent, for specified period of time, or until a final administrative or judicial determination of its legality occurs. d. Confiscation - refers to the act of taking in favor of the government, real or personal property, from a person without payment or compensation in an administrative proceeding. e. Custody- refers to temporary holding or safekeeping of any evidence obtained or seized in an enforcement operation conducted by, or with the participation of the Bureau, while a case is pending before any administrative body or the courts. f. Department - refers to the Department of Environment and Natural Resources (DENR). g. Emergency - occurs when there is a demonstrated impending threat to human life, biodiversity, or irreparable damage to the integrity and stability of the ecosystem.

h. Enforcement areas - refers to any geographic area in the Philippines where priority enforcement response is needed. i. Forensic - refers to the application of scientific methods for analyzing evidence and samples for purposes of criminal, civil, or administrative procedure. j. Impoundment - the taking into custody of private property, such as a vehicle, facility, or implements by government action with custody documentation pending the outcome of criminal prosecution under this Act. k. Prohibited areas - refer 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, buffer zones, or areas designated under the Disaster Risk Reduction and Management Plan of LGUs as hazard-prone areas. I. Regulated community - refers to all persons, businesses, organizations, 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 - refers to the taking by enforcement officers of potential evidence from a person who is suspected of violating environmental laws, rules and regulations. 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) - 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 the 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. q. Wildlife Trafficking - refers to the 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 (NBl), and other government law enforcement agencies, including government-owned and controlled corporations, to aid in the enforcement of laws against environmental crimes; g. Conduct intelligence operations and forensics investigation in furtherance of the foregoing powers and functions; h. Issue subpoena for the appearance of any person for investigation or production of any documents, through its officers from the ranks of Director-General, Deputy Director, Directors for Enforcement, Investigation and/or Legal Services, and Regional Director, and cite in contempt any person who violates or disobeys orders and processes duly issued by the Bureau; i. Accept 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 advance and reliable technologies; I. Impose administrative fines/citations for in-flagrante violations of environment and natural resources laws, rules and regulations pursuant to schedule of fines to be issued by the Office of the Secretary; m. Maintain a database of all relevant information such as, but not limited to, environmental cases, environmental-related incidents, permittees, licensees, parks 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 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 Provincial Environment and Natural Resources (PENR) and/or City Environment and Natural Resources (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 ISG 30 Director VI ISG 29 Deputy Director General for Operations Director V Deputy Director General for Director V SG 29 Administration Regional Director Director 111 SG 27 Chief for Enforcement Division. Director I SG 25 Chief for Investigation and Legal Director I SG 25 Division SG25 Chief for Finance and Logistics Division Director 1 Chief for Administrative and Human Director I SG25 Resource Division Chief for Planning and Knowledge Director I SG 25 Information Division Director I Director for Forensic Laboratory SG 25 SG 25 Regional Legal Division Chief Attorney V Supervising Environmental Prosecutor Attorney IV SG 23 Environmental Prosecutor Attorney II! 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 Ill Officer Ill SG 16 Enforcement Officer II Officer II SG 13 Enforcement Officer I Officer I SG 11 Ranger Technician Ranger Ill SG 9 SG 7 Ranger Ranger II SG 5 Ranger Ranger I

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: Career Level Salary Grade Job Title Director for Forensic Laboratory Director I SG 25 Section Chief SG 22 Section Chief on Chemistry and Toxicology Section Chief on Genetics and Forensic Section Chief SG22 Biology Section Chief on Criminalistics SG 22 Section Chief Section Chief on Veterinary Section Chief SG22 Section Chief on Taxonomy and Section Chief SG22 Morphology Section Chief on Geology Section Chief SG 22 Senior Computer Programmer and ENRE Officer IV SG 19 Information Technology Officer Analyst IlI ENRE Officer Ill SG 16 Analyst Il ENRE Officer II SG 13 ENRE Officer I Analyst I SG 11

Sec. 9. Environmental and Natural Resources Law Enforcement Academy. -

4 The DENR shall establish an Environmental and Natural Resources Law Enforcement 5 Academy which shall be responsible for the recruitment, development, and conduct 6 of basic and advanced-level environmental law enforcement training courses, and 7 continuing skills enhancement of all Bureau enforcers and personnel. The Academy shall provide other Philippine law enforcement agencies and institutions with high-quality standardized trainings on environmental law enforcement including local governments.

Sec. 10. Powers and Functions of the Director General. - The Director General

shall have access to all official records of the government and the regulated communities of the Department in the furtherance of his/her duties and responsibilities, and shall perform the following powers and functions: a. Direct, control, and administer the operations of the Bureau, and deploy any of its officials and operatives for missions;

b. Formulate policies, guidelines, programs, and projects to implement this law and recommend policies that would enable the Bureau to take additional necessary measures in exercising its power; 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 of 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 division/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 of the approval of the Secretary; and j. Perform other acts that are necessary, proper, or incidental to the performance of his/her 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 additional powers and functions: a. To detect, interdict, and investigate any environmental violations and to make arrests, searches and seizures in accordance with existing laws, rules and regulations; b. To size and initiate confiscation proceedings for prohibited items including objects, implements, and conveyances used in the violation of environmental laws, 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 regulation community, where such records relate to their official functions under this law; and f. To perform such other functions as may be assigned by the Bureau.

Sec. 12. Benefits and Privileges. - The Bureau shall provide its personnel with

the following benefits: a. Healthcare 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 legal assistance and support fund.

Sec. 13. Inter-agency Environmental Enforcement Coordination. - The Bureau

shall establish and maintain close coordination, cooperation, and linkages with national and international coordinative bodies, multi-lateral agencies, and organizations that address environmental crimes.

Sec. 14. Stakeholder's Engagement/People's Participation. - Active and direct

participation of national government agencies (NGAs), local government units (LGUs),

1 academe, media, people's organizations (Pos), non-governmental organizations 2 (NGOS), including the citizenry, shall be encouraged. The Bureau shall take measures 3 to ensure responsiveness and feedback mechanisms for maximum participation, 4 engagement, and transparency.

Sec. 15. Strategic Lawsuit Against Public Participation (SLAPP) in the

6 Enforcement of this Act. - The defense of SLAPP as defined by existing laws shall be 7 available to Bureau enforcers and those they have deputized, complainants, and witnesses. This remedy is available even during preliminary investigations and relevant 9 administrative cases. The Bureau shall provide sufficient assistance for those 10 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 of violations of this 13 Act, including actions treated as a SLAPP as provided in this section.

Sec. 16. Prohibition on the Issuance of Temporary Restraining Orders,

Preliminary Injunctions, and Preliminary Mandatory Injunctions. - No court, other than the Supreme Court, shall issue an injunction or restraining order against the Department and Bureau in the lawful enforcement of environmental and natural resources laws.

Sec. 17. Assaults against Environment and Natural Resources Enforcement

Officers and Deputies. - Any person and persons whether natural or juridical, who shall attack, employ force or seriously intimidate 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 person assaulting the environment and natural resources enforcement officer or his deputy in the enforcement of his or her 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 Summarily Abate

Without the Necessity of Judicial Order. - The Bureau may, subject to the requirements of administrative due process, issue cease and desist orders, and 4 summarily eject any person and/or issue abatement order, removal, dismantling, or 5 demolition of any illegal structures from a prohibited area, without the necessity of judicial order. Provided, that in cases of emergency, the Bureau may order the immediate exit 8 or departure of the offender from the prohibited area. The Bureau may call on other 9 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 of environmental laws, rules and regulations, the Director-General or his duly authorized representative, may, in appropriate cases, issue notices of violation and order the seizure of any property subject of the offense, including conveyances, implements, tools, and equipment used in the commission of the offense.

Sec. 21. Appropriations. - 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 Users 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 unexpected 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

1 this Act may continue to serve as an officer or enforcer of the Bureau, or choose to 2 be reassigned in non-enforcement offices or Bureaus of the Department. All incumbent enforcement officials, enforcers, and personnel of the 4 Department, Bureaus, and attached Agencies who have undergone the mandatory 5 training on enforcement as provided under this Act may serve as officers or enforcers 6 of the Bureau, or choose to be reassigned to non-enforcement functions or offices of the said agencies. All incumbent enforcement officials, enforcers, and personnel of the Palawan 9 Council for Sustainable Development (PCSD) and BARMM shall be trained under the 10 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. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation or in the Official Gazette. Approved,