Enforcing Philippine Environmental Laws

What will be the Responsibilities of the Proposed Environmental Protection and Enforcement Bureau (EPEB)?

The Philippines, known for its rich biodiversity and natural resources, faces significant environmental challenges, including deforestation, illegal logging, wildlife trafficking, and pollution. Effective enforcement of environmental laws is critical to preserving the country’s natural heritage and ensuring sustainable development. However, the current framework for enforcing these laws is fragmented and under-resourced, leading to widespread environmental degradation and insufficient protection for those working on the front lines of conservation efforts.

To address these issues, the proposal for the creation of the Environmental Protection and Enforcement Bureau (EPEB) under the Department of Environment and Natural Resources (DENR) has been forwarded. The EPEB bill aims to establish a dedicated body to professionalize, systematize, and institutionalize environmental law enforcement, making the DENR the lead agency in this critical area1.

 

Overview of the EPEB Bill

The EPEB is envisioned as a specialized unit within the DENR, tasked with enforcing environmental laws and regulations across the country. The proposed bureau will be responsible for investigating environmental crimes and building cases against violators. Currently, DENR only relies heavily and coordinates with other law enforcement agencies, such as the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), and the National Bureau of Investigation (NBI),​ and has no permanent environmental law enforcement branch, lacking a cohesive structure2,3. The creation of the EPEB aims to address these gaps by providing a centralized, well-resourced bureau dedicated solely to environmental protection.

Key components of the EPEB bill include the establishment of regional enforcement offices, the development of a comprehensive training program for environmental law enforcers, and the creation of a centralized database for tracking environmental crimes and violations. Information to be contained in the said database include environmental cases, environment-related incidents, permittees, licensees, park and forest occupants, tenured migrants, scientific research data, and other environmentally relevant data. The bill also proposes enhanced collaboration between the DENR and local government units (LGUs) to ensure that enforcement efforts are consistent and effective across different regions. In addition to these, DENR proposes to establish an Environmental and Natural Resources Law Enforcement Academy for the recruitment and training of the environmental enforcers and a designated forensics laboratory for the prosecution of environmental law violators, which includes specializations such as toxicology, veterinary, and genetics1,3.

Included in the proposed bill are the benefits to be bestowed upon the DENR environmental enforcers. Benefits and privileges include healthcare services and insurances, accident insurances, hazard pay, and access to legal assistance and support fund. Assaults and acts of intimidation against DENR enforcers while on official duty will be penalized and charged with direct assault as defined by the Revised Penal Code1.

For offenders and violators, the proposed bill outlines that EPEB will enable DENR to organize and standardize the mechanisms for imposing fines and other penalties. The EPEB will be responsible for issuing and enforcing Cease and Desist Orders, Closure Orders, Notices of Violation, and Abatement Orders in line with DENR regulations1.

The funding for the EPEB will come from the General Appropriations Act. Additional funding sources may include the Integrated Protected Area Fund, environmental and user fees, the Electric Power Industry Reform Act (EPIRA), road users’ taxes, and administrative fines and penalties1.

 

Legislative Process and Support

The EPEB bill has garnered significant support from various legislators and stakeholders. These legislators have filed several bills in 2020 (Senate Bills 1878 and 1959 and House Bills 6973, 7670, 7873 and 8028) in both the Senate and the House of Representatives to push for the creation of the EPEB. Discussions about the establishment of EPEB is currently underway in the Congress1–3.

DENR has been actively advocating for the bill, with the DENR Secretary highlighting the urgent need for a dedicated enforcement bureau. The DENR Secretary has requested the president in the past administration to certify the bill as urgent, which would expedite its passage through Congress​2,3.

An interim office unit, the Environmental Law Enforcement and Protection Service (ELEPS), was created in 2021 while awaiting approval for the establishment of EPEB. ELEPS would include DENR’s existing enforcement units, such as the Environmental Protection and Enforcement Task Force (EPETF), the Philippine Operations Group on Ivory and Illegal Wildlife (POGI), and other enforcement task forces. ELEPS was also tasked with coordinating with the Department of Justice (DOJ), PNP, AFP, NBI, and government-owned and controlled corporations to combat environmental crimes. Some of ELEPS’s duties include enforcing laws, halting ongoing violations, arresting offenders, managing confiscated items, conducting investigations, and preparing for the prosecution of environmental criminals until court decisions are executed4,5.

 

Rationale for the Establishment of EPEB

The current framework for environmental law enforcement in the Philippines faces numerous challenges. Enforcement efforts are often hindered by limited resources, lack of training for enforcers, and insufficient coordination between different agencies. These issues are compounded by the risks faced by environmental frontliners, who are frequently targeted by illegal loggers, poachers, and other environmental violators​3​.

The EPEB bill addresses these challenges by providing a dedicated bureau with the necessary resources and authority to enforce environmental laws effectively. By professionalizing and institutionalizing enforcement efforts, the EPEB aims to build robust cases against violators, including those involved in high-profile environmental crimes such as wildlife trafficking and illegal logging​2​.

Case studies and examples of environmental crimes underscore the urgent need for a dedicated enforcement bureau. Records from 2019 to 2020 show that 6 DENR workers’ lives were ended, believed to be due to environmental law-enforcement operations3​.

 

Here are some examples of environmental crimes that DENR enforcers face:

1. Illegal Logging:

In October 2020, a DENR Forest Guard’s life was ended during an anti-illegal logging operation in Agusan del Sur. He was leading a team to retrieve abandoned premium Lauan and Toog timber seized from illegal loggers when he was attacked by armed men​6.

2. Wildlife Trafficking:

In a series of operations, DENR and NBI have intercepted shipments of endangered species such as pangolins, marine turtles, and various birds and lizards. After months of surveillance and information-gathering, in 2019, in Mati City, DENR and NBI enforcers and agents rescued over 450 live exotic animals, including threatened species smuggled into the country from Indonesia and Papua New Guinea7.

3. Illegal Mining:

In May 2023, DENR raided an illegal mining site in Misamis Oriental, resulting in the confiscation of mining equipment and the arrest of individuals involved in the operation​​. Approximately 7.6 hectares of land were damaged due to this illegal mining activity8.

4. Pollution and Hazardous Waste Dumping:

In Manila Bay, DENR have continuously battled illegal dumping of industrial and household waste. Operations have led to the closure of numerous establishments found violating environmental laws by improperly disposing of waste into the bay​9.

5. Coral Reef Destruction:

In 2019, enforcers from DENR, NBI, and Bureau of Fisheries and Aquatic Resources (BFAR) uncovered and stopped illegal activities involving the cultivation and sale of live corals and other sea creatures in Parañaque City. These corals and sea creatures were taken from the seas in Quezon and Bohol. Besides the physical shop, the violator also used online platforms to sell the corals, with sales reaching as far as the United States10.

6. Mangrove Cutting:

In 2020, eight employees of the Community Environment and Natural Resources Office (CENRO) in Puerto Princesa City were illegally arrested and maltreated by a former chief of the Puerto Princesa City police. The CENRO employees were conducting an investigation into the massive mangrove cutting at that time when they were abused by armed men11.

7. Damaging of Heritage Sites:

In 2024, a resort was built in the Chocolate Hills Natural Monument (CHNM), a natural geological site in Bohol that is part of UNESCO’s Tentative Lists12. DENR issued a Temporary Closure Order on September 6, 2023, and a Notice of Violation on January 22, 2024, for the resort’s operations. Additionally, a memorandum was released on March 13, 2024, to create a team to inspect compliance with the Temporary Closure Order13,14.

 

These examples illustrate the wide range of environmental crimes that DENR enforcers confront, highlighting the critical need for a dedicated enforcement bureau like the proposed EPEB to effectively address these challenges and protect both the environment and the well-being of the enforcers.

 

Potential Impact of the Establishment of EPEB

The establishment of the EPEB is expected to significantly improve environmental law enforcement in the Philippines. With a dedicated bureau, the DENR will be better equipped to investigate and prosecute environmental crimes, enhancing accountability and prevention. This will lead to better protection and conservation of the country’s natural resources.

The EPEB will also positively impact public safety and the well-being of environmental frontliners. By providing comprehensive training and support, the bureau aims to reduce the risks faced by those protecting the environment. Additionally, the centralized structure of the EPEB will facilitate better coordination with other law enforcement agencies, strengthening environmental enforcement efforts.

The EPEB bill is a critical step forward in the Philippines’ efforts to protect its environment and natural resources. It addresses current gaps in environmental law enforcement and provides a necessary framework for effective protection.

Passing the EPEB bill is essential for preserving the country’s biodiversity and ensuring the safety of those enforcing environmental laws. It is crucial for stakeholders and the public to support this measure and advocate for its swift enactment into law.

In summary, the EPEB bill offers a comprehensive solution to the challenges faced in environmental law enforcement in the Philippines. Its successful implementation will pave the way for a more effective approach to protecting the country’s invaluable natural heritage.

 

References

  1. Department of Environment and Natural Resources. A Primer on the Environmental Protection and Enforcement Bureau Bill. Department of Environment and Natural Resources.
  2. Teves, C. DENR seeks PRRD’s certification of EPEB bill. Philippines News Agency (2021).
  3. Mayuga, J. L. DENR chief seeks Duterte’s push to enact EPEB creation. BusinessMirror
    https://businessmirror.com.ph/2020/11/09/denr-chief-seeks-dutertes-push-to-enact-epeb-creation/ (2020).
  4. Marcelo, E. DENR creates interim unit for environmental laws. The Philippine Star
    https://www.philstar.com/nation/2021/06/21/2106916/denr-creates-interim-unit-environmental-laws (2021).
  5. Quismorio, E. New DENR order gives teeth to environmental law enforcement. Manila Bulletin
    https://mb.com.ph/2021/06/21/new-denr-order-gives-teeth-to-environmental-law-enforcement/ (2021).
  6. Lopez, A. DENR hits killing of employee in Agusan Sur. Philippine News Agency
    https://www.pna.gov.ph/articles/1120110 (2020).
  7. Enano, J. O. PH losing P50B a year to illegal wildlife trade. Philippine Daily Inquirer
    https://newsinfo.inquirer.net/1155025/ph-losing-p50b-a-year-to-illegal-wildlife-trade (2019).
  8. Department of Environmental and Natural Resources. DENR, law enforcement agents bust illegal mining activity in Misamis Oriental. Department of Environmental and Natural Resources
    https://denr.gov.ph/news-events/denr-law-enforcement-agents-bust-illegal-mining-activity-in-misamis-oriental/ (2023).
  9. Department of Environment and Natural Resources. DENR, LLDA shut down 5 establishments polluting Manila Bay. Department of Environment and Natural Resources
    https://denr.gov.ph/news-events/denr-llda-shut-down-5-establishments-polluting-manila-bay/.
  10. Rita, J. Mga corals at lamang-dagat na nasa mga tangke para paramihin at ibenta, nasabat (Corals and other sea creatures in tanks were found, man heading the illegal cultivation and sales operations arrested). GMA News
    https://www.gmanetwork.com/news/balitambayan/balita/680976/mga-corals-at-lamang-dagat-na-nasa-mga-tangke-para-paramihin-at-ibenta-nasabat/story/ (2019).
  11. Enano, J. O. DENR sues former Puerto Princesa police chief. Philippine Daily Inquirer
    https://newsinfo.inquirer.net/1300511/denr-sues-former-puerto-princesa-police-chief (2020).
  12. UNESCO World Heritage Convention. Chocolate Hills Natural Monument. UNESCO World Heritage Convention
    https://whc.unesco.org/en/tentativelists/5024/.
  13. Magramo, K. New resort at protected natural wonder stirs fierce debate on conservation in the Philippines. CNN https://edition.cnn.com/2024/03/21/asia/philippines-chocolate-hills-bohol-resort-controversy-intl-hnk/index.html (2024).
  14. Sicat, A. Legarda bewails non-enforcement of environmental laws, DENR orders. Philippine Information Agency
    https://www.pia.gov.ph/legarda-bewails-non-enforcement-of-environmental-laws-denr-orders/ (2024).