FOURTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )

First Regular Session

Introduced by Senator Loren Legarda

EXPLANATORY NOTE

The Philippine tradition of environmental legislation dates back to the pre-

Spanish Code of Kalantiao. Philippine legislation in environment and natural resources
has grown and, by the end of the 20th century, was recognized among the best of the
developing world. The national laws enacted by presidential fiat and by Congress
aimed to conserve, use and to protect the air, the waters, the land from pollution. The
devolution of selected environmental functions to the Local Government Units created
provincial, city and municipal offices to ensure compliance through the issuance and
enforcement of local ordinances.

A common rejoinder to these observations, however, points to the undeniable

fact that pollution and wanton destruction of the environment by man continue
unabated. The environmental degradation has indeed reached alarming proportions.
At this early juncture in the 21st century, hindsight provides a view of the radical
changes brought by the explosion of technological, medical, social, ideological, and
political innovation during the 1990s. The lives of vast numbers of people were
transformed during the latter half of those hundred years. The basic forms of
transportation, horses and other animals, gave way to steam ships, gasoline and diesel-
fueled cars and the space shuttle. Information technology, the computer and the
internet allowed any person with a computer to connect with the rest of the world.
On the other hand, these advancements also provided sophisticated tools for massive
destruction and death. The developments of the 20th century were made possible by the
large-scale exploitation of petroleum resources, which offered great amounts of
affordable energy in a convenient form.
Hence, the unprecedented levels of pollution and scarcity despite all the national laws
and the international treaties. The level of pollution increased while supply ebbed and
new laws were again enacted. Today, global warming scientists warn that the
environmental threshold is about to be crossed. Nothing short of a revolutionary and
global change in resource production, use, management and sharing will save the
world.

Man must learn to accept and uphold shared responsibility for conservation and
protection of dwindling and degraded resources, and to accelerate the transfer of
information and technological innovations among nations. While rapid development of
petrol-fueled travel characterized the 20th century, this new century must be concerned
over adaptation and mitigation of the adverse impacts of pollution and scarcity of
resources so that future generations may enjoy the Earth in their time.

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 The Philippine experience reflects these global trends. The challenge for
Philippine legislation is to be relevant to the times in order to effectively safeguard the
basic constitutional right of the people to a healthy ecology.

Reviews of Philippine environmental laws surface a major observation: the

"weakness" lies in a plethora of sometimes inconsistent legal requirements and
prohibitions that emerged from the sectoral laws that were passed during the past two
decades. These rules of specialized and limited scope and focus continue to cause
confusion to the point that a stop to the enactment of new laws has been suggested.

This proposed legislative measure seeks instead to support the mandate to

protect the environment by eliminating the "weakness" and strengthening the policy.

Legislation must be harmonized by a thread that weaves the different sectors

into one system and integrates protection and management plans and strategies.
Through this measure, we propose an over-arching framework for fragmented sectoral
laws. The insights of the past decades as well as the current context shall inform policies
that connect and establish strong linkages among the various concerns and across
national and local levels.

Major laws after the Code of Kalantiao and the Spanish law on waters include
the Philippine Environmental Policy, or Presidential Decree No. 1151. It established the
Environmental Impact Statement System in 1977 as a response to the increasing
pressure on the environment brought about by accelerated industrialization and urban
development. The decree required all government and private entities that intend to
undertake projects or activities that shall have significant impact on the environment to
submit a statement of such impacts for approval.

P.D. 1152, or the Philippine Environment Code, launched a comprehensive

program for environmental protection and management by the National Environmental
Protection Council. To ensure "public health, safety and general welfare" of present and
future generations, the Code established management policies for land, forests,
minerals, flora and fauna, coastal fisheries and energy as well as wastes and disasters. It
prescribed quality standards for air, noise, and water.

Sectoral laws like the Forestry Code and the Pollution Control Law were
promulgated. The National Integrated Protected Areas System Act was passed by
Congress in 1992 for the preservation of valuable and fragile ecosystems including
forests, seascapes, landscapes and monuments. To control pollution and its harmful
effects on health and the environment, the Clean Air Act, R.A. 8749, was approved in
1999, the Ecological Solid Waste Management Act, R.A. 0003, in 2000, the Clean Water
Act, R.A. 9275 in 2004, and recently, the Biofuels Act of 2007. In parallel, our global
obligations have increased by leaps and bounds with the ratification of new
international treaties on specific areas of concern

Considering that these sectoral laws were enacted separately, it is to be expected

that no clear and unequivocal basic principles or "ground rules" were available to guide
decisions on cross-cutting concerns. The principles that need enunciation could refer to
the "non-negotiable" such as specific ecosystems that need protection; basic tools for
monitoring and assessment, the use of economic instruments to compliment current
command-and-control mechanisms, and the rights, obligations and accountability of
stakeholders.

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 Such principles can set the tone for a sound and viable environmental
management system which will guarantee equitable sharing of powers, responsibilities
and accountabilities as well as relative stability and consistency. As they reflect the
"state of science", they facilitate determination of the cost of effective technology options
which must be introduced. They may reflect as well current standards of environmental
governance such as the incorporation of equity and environmental justice in all
decisions on natural resources utilization.

There is indeed a need to set a framework policy that will integrate and
harmonize sectoral environmental laws and issuances for viable and effective
management. This proposed piece of legislation identifies and elaborates the principles
that will form the framework for cross-sectoral laws and their effective implementation
down to the LGU level. Finally, it proposes the creation of the National Environmental
Protection Authority (NEPA), a strong and independent agency which will have for its
sole mandate environmental protection and conservation.

In view of the foregoing, the passage of this bill is earnestly sought.

Senator

3
 FOURTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

~ ~

Introduced by Senator Loren Legarda

AN ACT
PROVIDING FOR THE FRAMEWORK IN THE CONSERVATION,
DEVELOPMENT, MANAGEMENT AND UTILIZATION OF ENVIRONMENT
AND NATURAL RESOURCES, AND FOR OTHER PURPOSES

Be if enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

CHAPTER I

Article 1
GENERAL PROVISIONS

SECTION 1. Title. - This Act shall be known as the "Ecological Policy Act of
2008."

SECTION 2. Declaration of Policies. - It is hereby declared the policy of the

State to promote the right of the people to balanced and healthful ecology in accord
with the rhythm and harmony of nature. Towards this end:

1. Sustainable development shall be the guiding principle in the formulation,

adoption and implementation of all policies, plans, programs,
projects, activities and such other undertakings that may affect all
aspects of the environment.

2. Recognizing that diverse and healthy environment and natural resources

are a critical component of social and sustainable economic
development, the State shall manage such resources and address
competing human demands in order to attain optimum social and

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 economic benefits without undermining crucial ecosystem
functions.

3. Access to and use of environment and natural resources for production,

livelihood, or other ecosystem services within the context of
sustainable development are to be equitably granted by the State.

4. The management, utilization and development of natural resources shall

take into account the particular geologic, hydrologic, and eco-
cultural characteristics of the Philippine archipelago, and in
particular, shall consider global and local vulnerabilities to natural
and anthropogenic disasters that endanger lives and the
environment as well as opportunities for the enhancement of life
support functions and services provided by ecosystems.

5. The management of environment and natural resources is a shared

responsibility among the national government, local government,
community, private sector and all stakeholders, consistent with the
principles of decentralization, devolution, transparency,
accountability and informed public participation.

6. The State, through its various instrumentalities and in partnership with

the private sector, shall provide environmental information and
education to enhance the capabilities of local government units
(LGUs), citizens, organizations and communities for participation
in local environmental planning and management and for
sustainable development of natural resources.

7. The management, utilization and development of environment and

natural resources shall take into account the Philippine obligations
and commitments in relevant international agreement to which the
Philippine is a signatory.

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 -
SEC. 3. Definition 0fTemz.s. For purposes of this Act, the following terms:

a) Air - shall refer to the atmosphere and all its surroundings;

b) Biodiversity - shall refer to the variation of life forms within a given ecosystem,
biome, or for the entire Earth. Biodiversity is often used as a measure of the
health of biological systems;

c) Civil Society Ouganizutions - shall refer to formal non-government organizations

registered or recognized as such by a competent government body, including
legally organized associations or networks of similar organizations;

d) Department - shall mean the Department of Environment and Natural Resources

e) Ecosystem - shall refer to a dynamic self-regulating unit of interrelated collection

of living and non-living components that affect each other in complex
exchanges of energy, nutrients and wastes.

f ) Ecosystem sewices - shall refer to benefits from a multitude of resources and

processes that are supplied to humankind by natural ecosystems, including
products like clean drinking water and processes like the decomposition of
wastes.

g ) Environmental Guarantee Fund - shall refer to a negotiated amount, on a per

project basis, that covers expenses for information and communication
activities by multisectoral teams, any repair or rehabilitation works, and
compensation for damages attributable to the operation of the project;

h) Land - shall refer to the ground and the resources under it, and classified into
agricultural and forest lands;

i) Murket Bused Instruments (MBIs) - shall refer to instruments or regulations that

encourage behaviour through market signals rather than through explicit
directives. They may provide to firms and consumers either incentives to opt
for greener production or products or disincentives to discontinue activities

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 or the consumption of products that cause adverse impacts on the
environment;

j) NEPA or Authority - shall mean the National Environmental Protection Authority

k) Natural Resources - shall refer to materials and conditions occurring in nature

which are capable of economic gain, benefit or exploitation, including land,
water and air and everything found in them;

1) Non-Government Organizations (NGOs) - shall refer to civil society and civic

organizations organized locally or nationally and registered with the
appropriate government agency;

m) Peoples Organizations - shall refer to stakeholders or residents of specific

communities with common or varied livelihood as well as concern for the
well being of their communities;

n) Scient$ Organization - shall refer to any organization composed of recognized

experts in the scientific and/or technological fields, locally or internationally;

0) Sustainable Development - shall refer to the integration of environment and

development to ensure that the needs of present and future generations are
properly met and their quality of life enhanced, through the judicious
utilization and conservation of assets and resources and the adoption and the
application of practices, whether indigenous or acquired, which tend to
preserve or enhance the value of the asset or resource; and

p) Water - shall include fresh, inland and marine water bodies as well as all
resources found therein;

SEC. 4. Goals and Objectives. - This Act shall have the following goals and
objectives:

4
 a. To conserve and enhance natural resources for purposes of sustaining
vital ecological processes and environmental services, promoting
biodiversity and controlling hazards

b. To ensure stable and consistent policies on the utilization and

management of environment and natural resources;

c. To allow equitable access to and use of environment and natural resources

within the context of sustainable development;

d. To guarantee equitable sharing of powers, responsibilities and

accountabilities among the environment and natural resources managers;

e. To set and institutionalize a policy that would integrate and harmonize

sectoral environmental laws and issuances;

f. To update environmental policy and keep our system of environmental

management abreast with current science and the practice of the
principles of sustainable development;

: g. To create an independent and cabinet-level entity that will effectively lead

environmental protection functions; and

h. To provide for more effective participation of stakeholders in the

planning, finalization and implementation of activities affecting the
natural environment.

Article 2
ENVIRONMENT AND NATURAL RESOURCES MANAGEMENT FRAMEWORK

SEC. 5. Environment and Natural Resources Management Framework. The

Environment and Natural Resources Management Framework (ENRMF) shall be
established for the implementation of this Act. The ENRMF shall serve as the official
blueprint with which all environmental managers and users must comply with to attain

5
the objectives of this Act. Subject to applicable laws and the provisions of this Act, the
ENRMF shall cover, among others, the following:
a. air
b. water
C. land
d. forest
e. biodiversity
f. genetic resources
g. coastal resources
h. mineralized areas
i. alternative fuels
j. renewable energy
k. waste management

All departments and relevant government agencies shall participate in the

formulation and implementation of the ENRMF in accordance with the relevant
provisions of this Act.

SEC. 6 . Harmonization of Policies and Functions. The ENRMF shall provide for
the harmonization of government policies and functions. All agencies of government,
including government-owned and controlled corporations and local government units,
shall use all practicable means and measures, consistent with other essential
considerations of national policy, to improve and coordinate plans, functions,
programs, and resources for purposes of their harmonization.

All relevant government agencies, including government-owned and controlled

corporations, and local government units shall review their present administrative
regulations, and current policies, plans and procedures for the purpose of determining
whether there are any deficiencies or inconsistencies therein which prohibit full
compliance with the purposes and provisions of this Act and shall initiate such
measures as may be necessary to bring their authority and policies into conformity with
the intent, purposes, and procedures set forth in this Act.

SEC. 7. Environment and Natural Resources Inventory, Database Management

and Status Report. The Department, in cooperation with the LGUs, shall undertake

6
periodic inventory of the. status of the environment and natural resources of all
provinces and municipalities and shall submit annual status reports to the Executive
and to Congress.

For the implementation of this provision, the Department shall review its
national, regional and local institutional capabilities to determine any deficiencies
which prohibit full compliance with this Section and shall initiate such measures as may
be necessary to achieve capacity for compliance.

SEC. 8. Environment and Natural Resources Accounting. The Department, in

cooperation with the National Statistical Coordination Board, shall strengthen
environmental and natural resources accounting institutionalized under Executive
Order 406, series of 1997 for purposes of enhancing the indicator of sustainable
development and improving current efforts to consider an adequate value for natural
capital or ecosystem services in socio-economic decisions and establish a reliable
database on social valuation estimates of environmental services.

SEC. 9. Environment and Natural Resources Monitoring and Evaluation. The

ENRMF shall include a more effective approach to pollution control that shall not only
identify pollutants, but shall:
a) trace them through the entire ecological chain, observing and
recording changes in form as they occur;
b) determine the total exposure of man to his environment;
c) examine interactions among forms of pollution; and
d) identify where in the ecological chain interdiction would be most
appropriate.

SEC. IO. Education in Environment and Natural Resources in Formal and Non-
formal Curricula. In recognition of the vital role of youth in nation building and the role
of education to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development, the State shall promote national
awareness on the role of natural resources in economic growth and the importance of
environmental conservation and ecological balance towards sustained national
development among the Filipino youth.

7
 Pursuant to the foregoing policy, the Department of Education (DepEd), the
Commission on Higher Education (CHED), and Technical Education and Skills
Development Authority (TESDA), shall ensure that the curricula of primary, secondary
and tertiary public and private educational institutions, including non-formal,
indigenous learning and out-of-school program, incorporate the state of the Philippine
and global environment, the threats of environmental degradation and its impact on
human well-being, and the value of natural resources conservation and protection in
the context of sustainable development. The curricula shall incorporate actual activities
to conserve natural resources, including, but not limited to, tree planting activities;
recycling and composting 'programs; marine conservation programs; forest
management and conservation; and other such programs to aid the implementation of
the different environmental protection laws.

SEC. 11.Market-Based Instruments. Whenever applicable, and where the proper

enabling conditions are in place, market-based instruments such as fees, charges,
targeted subsidies, emissions trading, tradeable effluent permits, and the pollution levy
system shall be incorporated into the regulatory framework. The relevance of
alternative policy instruments, including market-based instruments, shall be examined
to identify options for greater flexibility, efficiency, and cost effectiveness in pollution
control and environmental management.

MBIs allow firms the flexibility to make different adjustments in response to their
unique business structures and opportunities. Incentives to discover cheaper ways to
achieve outcomes provide dynamic ways of reducing the future costs of achieving
targets. Through the application of MBIs, the creation of an environment that
encourages cooperation and self-regulation among polluters may be facilitated.

SEC. 12. Environmental User's Fee. Environmental user's fees for the utilization
of natural resources may be imposed. Provided, that the fees collected shall accrue to a
revolving fund to be administered and be utilized exclusively for conservation,
rehabilitation and sustainable management of the environment.

SEC. 13. Incentives. - Incentives provided under existing laws shall remain
available to concerned entities. Appropriate incentives for individuals, groups, local
government units and other entities who consistently comply with this Act and other

8
environmental laws, rules and regulations shall be formulated and administered to
encourage compliance with this Act.

A special incentive system shall likewise be established for the purpose of giving
recognition and for promoting exemplary community leadership, cooperation, and
collaboration in the preservation and enhancement of the environment and natural
resources of fragile island and other ecosystems.

CHAPTER I1

Article 1
ENVIRONMENTAL MANAGEMENT

SEC. 14. Pollution Management. In accordance with ecologically sustainable

development principles, the State shall protect public health and the environment by
promoting environmentally sound methods for optimum utilization of natural
resources, encouraging resource conservation and recovery, and setting guidelines and
targets for the avoidance and/or reduction of pollution of air, water and land.

Best practice for real-time monitoring of ambient air and water quality and
quantity as well as of forest cover, land use change, rainfall, temperature, etc. shall be
established. Such systems shall provide good information regarding trends as well as
aberrations from normal baseline values that may be critical for the protection of public
health, safety and general welfare. Such information which shall be valuable in
identifying the source/s of aberrant findings and the appropriate remedies that may be
applied shall be made accessible to the public.

Private sector participation and cooperation in pollution prevention, control, and

information dissemination shall be encouraged and duly recognized in consonance with
the principles of shared accountability. Wherever possible, the communities may be
involved in actual data gathering for monitoring of selected phenomena. Primary
responsibility for solid waste management shall remain with the LGUs in accordance
with the Local Government Code.

9
 Access to technical assistance for capacity building of LGUs and their partners
shall be facilitated. For the recognition of exemplary compliance with their
environmental responsibility and to encourage others to do the same, awards and
incentive programs shall be initiated and granted to qualified LGUs and their partners.

SEC. 15. Environmental Guarantee Fund. All initiatives that are classified as
environmentally critical projects in accordance with existing law shall be required to set
up an environmental guarantee fund which shall comprise of three parts: (1) a
multisectoral fund allocated expressly for environmental monitoring by a multiparty
monitoring team: (2) a trust fund set aside for damage compensation to aggrieved
parties, and to finance environmental restoration and the rehabilitation of
environmental quality caused by project operations; and (3) a cash fund to be used by
companies in implementing environmental projects. The fund shall be managed by a
multisectoral group made up of community and local government representatives, the
regional representative of the national agency mandated with environmental
management, and industry representatives.

Article 2
NATIONAL ENVIRONMENTAL PROTECTION AUTHORITY

SEC. 16. Creation of the National Environmental Protection Authority. - To

implement the policy on Environmental Management of this Act, there is hereby
created the National Environmental Protection Authority, hereinafter referred to as the
Authority, which shall be created within One hundred twenty (120) days after the
effectivity of this Act. The Authority shall be under the general supervision of the Office
of the President.

SEC. 17. Purposes of the Authority. - The Authority shall have the following
purposes:
a) To enforce the provisions of laws enacted for the prevention or control of air,
water and land pollution, including the proper disposal of wastes and the
environmental impact assessment (EIA) system;
b) TO adopt, revise, promulgate and prescribe policies, rules and regulations and
environmental quality standards consistent with laws enacted for the
prevention and control of pollution;

10
 c) To evolve an integrated, multi-sectoral and multi-disciplinary approach which
shall implement the following:
i. Development of a research program pertaining to environmental
protection, pollution prevention, control and management, and an
information system to support information dissemination campaigns;
ii. Monitoring and evaluation of the implementation of all laws relating
to the regulation and control of activities that have an impact on the
maintenance of a wholesome natural environment, for the adoption or
recommendation of necessary measures thereon;
iii. Establishment and implementation of a combined system of pollution
fees or charges and other market-based instruments, fines and
penalties linked to an operating principle that the user or polluter shall
bear responsibility for payment, and creating the necessary incentives
to recycle and re-use resources to abate, reduce, neutralize, or
otherwise minimize or prevent pollution;
iv. Adoption and promulgation of rules and regulations governing the
procedures of the Authority with respect to hearings, the filing of
reports, the issuance and/or review of all permits and other rules and
regulations for the proper implementation and enforcement of this Act,
pollution laws and the EIA System;
V. Promotion of cooperation and greater people participation and private
initiative in environmental protection, pollution prevention, control
and management
vi. Conduct information dissemination, education and training programs
relating to environmental protection, pollution prevention, control and
management;
vii. Consultation and interaction with and deputization of appropriate
government agencies or instrumentalities for the purpose of enforcing
the provisions and objectives of this Act;
d) To exercise powers that are necessary or expedient for, or incidental to, the
performance of its functions.

SEC. 18. Place of Business. - The Authority shall establish its principal office in
Metro Manila but may establish and maintain field offices or other units as may be
necessary to administer its responsibilities. It may reorganize or abolish the same as it

11
may deem proper. Provided, that there shall be at least one office in every administrative
region of the country.

SEC. 19. Appropriations.'- The sum of money appropriated in the immediately

preceding annual general appropriations for the Environmental Management Bureau
(EMB) of the Department of Environment and Natural Resources shall be re-
appropriated to the Authority upon the effectivity of the Act, for its first year of
operation. Thereafter and within the next five (5) years, there shall be appropriated
annually from the funds in the national treasury the sums of money as may be allocated
in the amount of not less than five times the sums of money so appropriated annually to
EMB prior to the effectivity of the Act, whichever is higher.

SEC. 20. Regulatory Fees. - The Authority may impose reasonable fees for the
issuance of permits and for periodic monitoring and inspection of pollution control or
waste collection, processing or disposal facilities.

-
SEC. 21. Organization of the Authority The Director General shall serve as the
Chief Executive of the Authority. He shall be appointed by the President of the
Philippines, and shall enjoy the status, rank and compensation equivalent to that of a
Cabinet Secretary. The Director General shall possess qualification and experiences
relevant to environmental protection and management, and shall serve for a period of
seven (7) years.

SEC. 22. Duties and Powers of the Director General. - The principal
responsibility for the implementation of the mandate of the Authority shall be vested in
the Director General. As such, he shall have the following duties and powers:

a) Exercise general supervision and control over the operations of the Authority;
b) Execute and administer environmental implementing rules and regulations,
environmental quality standards, and environmental plans, programs and
projects;
c) Submit for consideration of the President such policies and measures which he
believes to be necessary to carry out the purposes and provisions of this Act
and of relevant promulgated environmental laws;

12
 d) Appoint officials and employees below the rank of Assistant Director-General to
positions in the approved budget upon written recommendation of the
Assistant Director-General concerned in accordance with the merit system
established by the Authority; and^
e) Perform such other duties and powers of the Authority that are necessary or
expedient for, or incidental to, the performance of its functions as conferred
by the President.

SEC. 23. Ovganizational Structuve ofthe Authority. - The Director General shall
be assisted by Deputy Director or Directors-General, who shall be responsible for the
major office or offices of the Authority organized accordingly for national or central
support and regional or field management.

The Deputy Director or Directors-General shall be responsible for the

supervision of his office or their respective offices. They may be assisted, in carrying out
their functions, by Assistant Directors-General. There shall be established a
coordinating staff for and within the established office or each of the offices of the
Assistant Directors-General.

Each division or field office established under the national or central support and
regional management office or offices that shall be headed, respectively, by a Division
or Regional or Field Director, and assisted by an Assistant Director or Assistant
Regional or Field Director. Provided, however, that the offices that shall be established
within the Authority shall cover the following functions:
a) environmental planning and policy;
b) environmental research;
c) environmental and management information system;
d) environmental education and training;
e) environmental regulation;
f) standard setting;
g) legaI; and
h) administrative and finance.

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 CHAPTER 111

Article 1
ENVIRONMENTAL JUSTICE AND EQUITY

SEC. 24. Access To Resources. The Department shall create conditions to

facilitate access to natural resources for environmentally sound uses consistent with the
Constitution, this Act and other applicable laws. Provided, that access, where granted
shall be equitable.

SEC. 25. Community-Based Management of Resources. Community-Based

Management of Resources shall be the primary strategy for addressing the problem of
open access, where local communities are tasked with monitoring and enforcement in
exchange for access and use of forest lands and resources. Where applicable and
beneficial, co-management of resources at the local level shall be the standard
management model, where the Department and local governments share power in
deciding on management programs and policies, including authority to grant access
and use rights.

Article 2
GOVERNANCE

SEC. 26. Government. The Department and its successor shall be the primary
agency that is tasked to implement the provisions of this Act in relation to the
utilization of natural resources and the rules and regulations that may be promulgated
pursuant hereof.

Pursuant to Chapter I1 of this Act, the Authority shall be the primary agency that
is tasked to implement the provisions of this Act in relation to the management of
pollution and the rules and regulations that may be promulgated pursuant hereof.

SEC. 27. Inter-agency Coordination. Government agencies shall coordinate with

the Department in the implementation of their respective mandates affecting the
utilization of natural resources. The agencies shall coordinate with the Authority in the

14
implementation of their mandates affecting the management of environmental
pollution.

Conflicts in the implementation of their respective mandates relative to the

management of environmental pollution shall be resolved in favor of the Authority.

SEC. 28. Stakeholder Participation in Environmental Management. - The

following shall have the right to participate in all aspects of environmental management
within their respective jurisdictions, expertise and area of concern:
a) Non-government organization;
b) People’s organizations;
c) Indigenous Peoples; and
d) Scientific organizations, cultural organizations, professional and other
organizations.

These organizations shall be held liable on any action undertaken by their

respective members, individually or collectively, causing damage on the ecological
endowments.

Article 3
ENFORCEMENT AND ADJUDICATION

SEC. 29. Enforcement Mechanism. - The Authority, in coordination with

concerned agencies, local government units and stakeholders, shall establish and
implement a mechanism for the effective enforcement of the environmental provisions
of this Act and all environmental laws, rules and regulations.

SEC. 30. Deputation of Environmental Enforcers. In the enforcement of

environmental laws, the Authority may deputize non-government organizations,
people’s organizations, indigenous communities, and professional, civic, cultural,
scientific and technological organizations within their respective area of activity or
expertise.

SEC. 31. Local Government Units. Local government units (LGUs) shall share
the responsibility in the management of the environment and natural resources within

15
their territorial jurisdiction. Consistent with applicable environmental laws, the
Authority and LGUs shall institute a system of devolution and co-management,
whenever necessary, in the management of environmental pollution. Likewise, the
Department and LGUs, consistent with applicable laws on natural resources, shall
institute a system of devolution and co-management, whenever necessary, in the
utilization of natural resources.

SEC. 32. Citizen's Suit. For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal
or administrative action in the proper courts against:

(a) Any person who violates or fails to comply with the provisions of this Act or
its implementing rules and regulations; or

(b) The Authority, the Department, or other implementing agencies with respect
to orders, rules and regulations issued inconsistent with this Act; and/or

(c) Any public officer who willfully or grossly neglects the performance of an act
specially enjoined as a duty by this Act or its implementing rules and regulations; or
abuses his authority in the performance of his duties; or, in any manner, improperly
perform his duties under this Act or its implementing rules and regulations: Provided,
however, That no suit can be filed until after thirty-day (30) notice has been given to the
public officer and the alleged violator concerned and no appropriate action has been
taken thereon.

The court shall exempt such action from the payment of filing fees, except fees
for actions not capable of pecuniary estimations, and shall, likewise, upon prirnu fucie
showing of the non-enforcement or violation complaint of, exempt the plaintiff from the
filing of an injunction bond for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if' the complaint
herein is malicious and/or baseless and shall accordingly dismiss the action and award
attorney's fees and damages.

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 SEC. 33. Suits and Strategic Legal Actions Against Public Participation and the
Enforcement of this Act. - Where a suit is brought against any person, institution or
government agency that implements this Act, it shall be the duty of the investigating
prosecutor or the court, as the case may be, to immediately make a determination not
exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert
undue pressure or stifle such legal recourses of the person complaining of or enforcing
the provisions of this Act. Upon determination thereof, evidence warranting the same,
the court shall dismiss the case and award attorney’s fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and done
in the course of enforcing this Act.

SEC. 34. Adjudication. - Conflicts involving the administration of a rule or

regulation including standards, tests and valuation of natural resources, shall be
resolved by the Department and its attached agencies. Conflicts involving the
administration of a rule or regulation including environmental pollution standards,
tests, and valuation of resources for rehabilitation shall be resolved by the Authority. In
resolving conflicts, the Department or the Authority may avail of the services of experts
or professionals with the consent of the parties involved and under accepted rules of
mediation and arbitration.

Violations of anti-pollution law and its implementing rules shall be referred to

the Pollution Adjudication Board or its successor.

The Court shall resolve conflicts on the interpretation of law, rule and regulation.
Costs shall be shouldered by the parties involved.

Article 4
MISCELLANEOUS PROVISIONS

SEC. 35. Appropriations. - The amount necessary for the initial implementation
of this Act shall be charged to the appropriations of the Department of Environment
and Natural Resources under the current General Appropriations Act and in

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accordance with Section 19 of this Act. Thereafter, the amount necessary for the
continuous implementation of this Act shall be included in the annual General
Appropriations Act.

SEC. 36. Joint Congressional Oversight Committee. - There is hereby created a

Joint Congressional Oversight Committee to monitor the implementation of this Act
and to oversee the functions of the Authority and the Department. The Committee shall
be composed of five (5) Senators and five (5) Representatives to be appointed by the
Senate President and Speaker of the House of Representatives, respectively. The
Oversight Committee shall be co-chaired by a Senator and a Representative designated
by the Senate President and the Speaker of the House of Representatives, respectively.

SEC. 37. Transitory Provision. - Pending the establishment of the framework

under Sec. 5 hereof, the Authority under Sec. 16 and promulgation of the IRR under Sec.
39 of this Act, existing laws, regulations, programs and projects on environment and
natural resources management shall be enforced: Provided, That for specific
undertaking, the same may be revised in the interim in accordance with the intentions
of this Act.

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Sec. 38. Reports to Congress. The Authority shall report to Congress not later
than March 30 of every year following the approval of this Act, giving a detailed
account of its accomplishments and progress in environmental management during the
year and make the necessary recommendations in areas where there is need for
legislative action The Department shall likewise report to Congress not later than March
30 of every year following the approval of this Act, giving a detailed account of its
accomplishments and progress in natural resources management during the year and
make the necessary recommendations in areas where there is need for legislative action

Article 5
FINAL PROVISIONS

SEC. 39. Implementing Rules and Regulations. - The Authority and the
Department, in coordination with the Committees on Environment and Natural
Resources and Ecology, House of Representative and the Committee on Environment

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and Natural Resources in the Senate and other concerned agencies, shall promulgate the
implementing rules and regulations for this Act, within one (1)year after its effectivity.
The draft of the implementing rules and regulations shall be subject to public
consultation.

SEC. 40. Repealing Clause. - All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 41. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, all other provisions not affected thereby shall remain in full force and
effect.

SEC. 42. Effectivity Clause. - This Act shall take effect 15 days after publication
in two (2) newspapers or gazettes of general circulation in the Philippines.

Approved,

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