Reorganization of Dept. of Environment and Nat. Res.

Policy and mandate of the Department

The State policy under Section 3 ensures the sustainable use, development, management, renewal, and conservation of the country’s natural resources, including protection and enhancement of environmental quality.
The State policy under Section 3 includes equitable access for different segments of the population to the development and use of natural resources for present and future generations.
The State policy under Section 3 requires recognition and application of a true value system, including social and environmental cost implications in utilization, development, and conservation of natural resources.
The Department is the primary government agency under Section 4 responsible for conservation, management, development, and proper use of the environment and natural resources.
The Department is responsible under Section 4 for licensing and regulation of natural resources as may be provided by law to ensure equitable sharing of benefits for welfare of present and future generations of Filipinos.
The Department’s objectives under Section 4 include:
- assuring availability and sustainability through judicious use and systematic restoration or replacement where possible;
- increasing productivity to meet demands for forest, mineral, and land resources of a growing population;
- enhancing natural resources’ contribution to national economic and social development;
- promoting equitable access by different sectors;
- conserving specific terrestrial and marine areas representative of the Philippines’ natural and cultural heritage for present and future generations.

Department powers and regulatory functions

The Department must advise the President on laws for development, use, regulation, and conservation of natural resources and control of pollution under Section 5(a).
The Department must formulate, implement, and supervise government policies, plans and programs on management, conservation, development, use, and replenishment of natural resources under Section 5(b).
The Department must promulgate rules and regulations under Section 5(c) governing exploration, development, conservation, extraction, disposition, use, and commercial activities tending to deplete and degrade natural resources.
The Department must exercise supervision and control over forest lands, alienable and disposable lands, and mineral resources, and it must impose appropriate payments, fees, charges, rentals, and other levies while collecting revenues for exploration, development, utilization, or gathering of such revenues under Section 5(d).
The Department must undertake exploration, assessment, classification, and inventory of natural resources using ground surveys, remote sensing, and complementary technologies under Section 5(e).
The Department must promote consultation with the private sector involving natural resources development, use, and conservation under Section 5(f).
The Department must undertake geological surveys of the whole country including territorial waters under Section 5(g).
The Department must establish policies and implement programs under Section 5(h) including:
- accelerated inventory, surveys, and classification of lands, forest, and mineral resources using appropriate technology;
- equitable distribution of natural resources through judicious administration, regulation, utilization, development, and conservation of public lands, forest, and mineral resources (including mineral reservation areas);
- promotion, development, and expansion of natural resource-based industries;
- preservation of cultural and natural heritage through wildlife conservation and segregation of natural parks and other protected areas;
- maintenance of a wholesome natural environment by enforcing environment protection laws;
- encouragement of greater people participation and private initiative resource management.
The Department must promulgate rules and regulations necessary under Section 5(i) for:
- accelerating cadastral and emancipation patent surveys, land use planning and public titling;
- harnessing forest resources sustainably for rural development, forest-based industries, raw materials, while keeping adequate reserves for environmental stability;
- expediting mineral resources surveys, promoting production of metallic and non-metallic minerals, and encouraging mineral marketing.
The Department must regulate under Section 5(j) development, disposition, extraction, exploration, and use of forest, land, and mineral resources.
The Department must assume responsibility under Section 5(k) for assessment, development, protection, conservation, licensing, and regulation of natural resources where applicable, including:
- regulation and monitoring of service contractors, licensees, lessees, and permittees for extraction, exploration, development, and utilization of natural resource products;
- implementation of programs and measures promoting close collaboration between government and private sector;
- effective and efficient classification and sub-classification of lands of the public domain; and
- enforcement of natural resources laws, rules and regulations.
The Department must promulgate rules, regulations, and guidelines under Section 5(l) on co-production, joint venture, production sharing agreements, licenses, permits, concessions, leases, and other privileges and arrangements for development, exploration, and utilization of natural resources, and it must oversee, supervise, and police such resources.
The Department under Section 5(l) must cancel or cause cancellation of privileges and arrangements upon failure, non-compliance, or violations of regulations, orders, and for other causes advancing conservation and supportive of national interests.
The Department has exclusive jurisdiction under Section 5(m) on management and disposition of all lands of the public domain and remains the sole agency responsible for classification, sub-classifications, surveying, and titling of lands in consultation with appropriate agencies.
The Department must implement measures under Section 5(n) to regulate and supervise processing of forest products, grading and inspection of lumber and other forest products, and monitoring of movement of timber and other forest products.
The Department must promulgate under Section 5(o) rules and regulations for control of water, air, and land pollution.
The Department must promulgate under Section 5(p) ambient and effluent standards for water and air quality, including allowable levels of other pollutants and radiations.
The Department must promulgate under Section 5(q) policies, rules, and regulations for conservation of genetic resources, biological diversity, and endangered habitats.
The Department must formulate under Section 5(r) an integrated, multi-sectoral, and multi-disciplinary National Conservation Strategy to be presented to the Cabinet for Presidential approval.
The Department must perform under Section 5(s) other acts necessary, proper, or incidental to attainment of mandates and objectives.

Department organizational structure

The Department consists under Section 6 of the Department Proper, staff offices, staff bureaus, and regional/provincial/community natural resources offices.
The Department Proper under Section 6 includes the:
- Office of the Secretary;
- Offices of Undersecretaries;
- Offices of Assistant Secretaries;
- Public Affairs Office;
- Special Concerns Office;
- Pollution Adjudication Board.
The staff sectoral bureaus under Section 6 include the:
- Forest Management Bureau;
- Lands Management Bureau;
- Mines and Geo-Sciences Bureau;
- Environmental Management Bureau;
- Ecosystems Research and Development Bureau;
- Protected Areas and Wildlife Bureau.
The field offices under Section 6 include all Department regional offices, provincial offices, and community offices.
The Office of the Secretary is structured under Section 8 as the Secretary and immediate staff.

Secretary and key officials

Authority to exercise the Department’s mandate and discharge its powers and functions is vested in the Secretary of Environment and Natural Resources under Section 7.
The Secretary supervises the Department under Section 7 and is appointed by the President.
The Secretary’s functions under Section 7 include:
- advising the President on promulgation of rules and regulations and other issuances on conservation, management, development, and proper use of natural resources;
- establishing policies and standards for efficient and effective Department operations in accordance with government programs;
- promulgating rules, regulations, and other issuances necessary to carry out the Department’s mandate, objectives, policies, plans, programs, and projects;
- exercising supervision over all Department functions and activities;
- delegating authority for performance of any administrative or substantive function to subordinate officials;
- performing other functions provided by law or assigned by the President.
The Secretary is assisted by five (5) Undersecretaries under Section 9, appointed by the President upon recommendation of the Secretary.
Undersecretaries under Section 9:
- are delineated/assigned/reassigned by the Secretary within their functional areas tied to the mandate and objectives;
- must not be assigned primarily administrative responsibilities; and
- perform functions including advising the Secretary on issuances within their area, supervising offices and employees under their responsibility, promulgating consistent rules for units under their responsibility, coordinating delegated functions with other units, exercising authority on substantive and administrative matters delegated by the Secretary, and performing other functions provided by law.
The Secretary and Undersecretaries are assisted by seven (7) Assistant Secretaries under Section 10 for formulation, management, implementation of natural resources laws and programs/projects and for day-to-day operations, administration, and supervision.
The seven (7) Assistant Secretaries under Section 10 are responsible for:
- Policy and Planning Studies;
- Foreign-Assisted and Special Projects;
- Field Operations in Luzon;
- Field Operations in Visayas;
- Field Operations in Mindanao;
- Legal Affairs;
- Management Services.

Offices, bureaus, and adjudication

The Public Affairs Office is created under Section 11 under the Office of the Secretary, headed by a Director with an Assistant Director, and it serves as the Department’s public information arm.
The Public Affairs Office under Section 11 disseminates information on natural resources development policies, plans, programs, and projects, and responds to public queries.
The Public Affairs Offices of all bureaus are abolished under Section 11, and their functions are transferred to the Department’s Public Affairs Office under Section 24(b).
A Special Concerns Office is created under Section 12 under the Office of the Secretary, headed by a Director with an Assistant Director, responsible for priority areas/subjects identified by the Secretary requiring special and immediate attention.
The Forest Management Bureau is created under Section 13 to integrate and absorb powers and functions of the Bureau of Forest Development (BFD) and WIDA, except line functions transferred to the regional field office.
The Forest Management Bureau under Section 13 has functions including advising on forest development and conservation and recommending policies/programs for protection, development, occupancy, management, conservation of forest lands and watersheds (including grazing and mangrove areas), reforestation and rehabilitation of critically denuded/degraded forest reservations, and related development and regulation of forest resources and wildlife to ensure continued supply of forest goods and services.
The Lands Management Bureau is created under Section 14 to absorb functions of the Bureau of Lands, except line functions transferred to regional field office; it advises on rational land classification management and disposition and includes functions such as recommending policies for administration, surveys, management, and disposition of alienable and disposable lands of the public domain and other lands outside other agencies’ responsibilities.
The Lands Management Bureau under Section 14 includes issuance of standards and guidelines to enforce policies for maximization of land use and development, development of operating standards/procedures, and assisting the Secretary as Executive Officer under the Public Land Act (C.A. 141, as amended) with direct executive control of survey, classification, lease, sale, or other forms of concessions or disposition and management of lands of the public domain.
The Mines and Geo-Sciences Bureau is created under Section 15 to absorb and merge the Bureau of Mines and Geo-Sciences (BMGS), Mineral Reservations Development Board (MRDB), and the Gold Mining Industry Development Board (GMIDB), except line functions transferred to regional field office.
The Mines and Geo-Sciences Bureau under Section 15 includes advising on geology and mineral resources exploration, development, and conservation; recommending policies and programs for mineral resources development and geology; and recommending policies/regulations and overseeing development/exploitation of mineral resources of the sea within national jurisdiction.
The Environmental Management Bureau is created under Section 16 and integrates the powers and functions of the National Environmental Protection Council (NEPC), National Pollution Control Commission (NPCC), and Environmental Center of the Philippines (ECP), subject to Section 19.
The Environmental Management Bureau under Section 16 advises on environmental management, conservation, and pollution control; recommends environmental quality standards; recommends rules for environmental impact assessments; formulates rules for solid wastes and toxic/hazardous substances; and provides technical assistance and secretariat support to the Pollution Adjudication Board.
The Ecosystems Research and Development Bureau is created under Section 17 integrating the Forest Research Institute and the National Mangrove Committee; it formulates integrated research programs, assists prioritization of research resources, provides technical assistance, generates technologies, and supports evaluation of effectiveness.
The Ecosystems Research and Development Bureau under Section 17 directly manages and administers FORI research offices, laboratories, and forest experiment stations at UP Los Baños, and other stations the Secretary assigns.
The Protected Areas and Wildlife Bureau is created under Section 18 to absorb multiple parks and wildlife-related entities, programs, reserves, centers, and national parks/wildlife sanctuaries/game preserves, including those formerly under other government entities as enumerated in Section 18.
The Protected Areas and Wildlife Bureau under Section 18 formulates and recommends policies for an Integrated Protected Areas System, formulates and recommends policies for preservation of biological diversity and genetic resources (including endangered Philippine flora and fauna), maintains an up-to-date listing of endangered species and recommends conservation/propagation programs, assists monitoring and assessment, and provides technical assistance to regional offices.
The Pollution Adjudication Board is created under Section 19 under the Office of the Secretary.
The Pollution Adjudication Board under Section 19 is composed of the Secretary as Chairman, two (2) Undersecretaries designated by the Secretary, the Director of Environmental Management, and three (3) others designated by the Secretary as members.
The Pollution Adjudication Board under Section 19 assumes the powers and functions of the Commission/Commissioners of the National Pollution Control Commission for adjudication of pollution cases under Republic Act 3931 and Presidential Decree 984, particularly for the specified letters of P.D. 984.
The Environmental Management Bureau under Section 19 serves as the Secretariat of the Pollution Adjudication Board, and powers/functions may be delegated to regional officers through rules and regulations the Board promulgates.

Field offices, attached agencies, and transfers

The Department’s field offices under Section 20 are the Environment and Natural Resources Regional Offices in thirteen (13) administrative regions, the Environment and Natural Resources Provincial Office in every province, and the Community Office in municipalities wherever necessary.
The regional integration under Section 20 includes the former Bureau of Forest Development, Bureau of Mines & Geo-Sciences, and Bureau of Lands regional offices, and Forest Research Institute research centers integrated into Department-wide regional offices per Section 24(e).
Regional offices under Section 20 are headed by a Regional Executive Director (with the rank of Regional Director) assisted by five (5) Regional Technical Directors (each with the rank of Assistant Regional Director) for Forestry, Land Management, Mines and Geo-Sciences, Environmental Management, and Ecosystems Research.
The Regional Executive Directors and Regional Technical Directors under Section 20 are Career Executive Service Officers.
Regional office functions under Section 21 include implementing Department laws/policies/plans/programs/rules and regulations to promote sustainability and productivity of natural resources, social equity, and environmental protection.
Regional offices under Section 21 must provide services efficiently and effectively, coordinate with regional offices and LGUs in enforcement and program formulation/implementation, recommend and upon approval implement programs and projects, conduct comprehensive natural resource inventories and plan, evolve regional budgets consistent with Regional Development Councils’ priorities, supervise processing and inspect/grade products and monitor movements, conduct field research for appropriate technologies, and perform other assigned/provided functions.
Provincial and community offices under Section 21 absorb district offices of the bureaus abolished under Section 24(b), with provincial and community offices headed by respective provincial natural resource officers and community natural resource officers.
Attached agencies and corporations under Section 22 include NAMRIA, the Natural Resources Development Corporation (NRDC), and the National Electrification Administration (NEA).
NAMRIA under Section 22(a) is created to integrate specified mapping/cartography/coast and geodetic survey functions into a central mapping agency serving Department line services and other government offices, including remote sensing research/services, data integration, central depository/distribution of natural resources data, and nationwide geodetic network/control points, hydrographic/nautical charts functions, nationwide aerial photography/cartography/remote sensing development programs, technical standards/quality specifications, and photogrammetry/cartographic/remote sensing services.
NAMRIA under Section 22(a) is provided policy directions by a five (5) member Board of Governors composed of key officers with no less than the rank of undersecretaries: the Department of Environment & Natural Resources as chairman; and members from the Department of Agriculture, Department of Public Works & Highways, Department of National Defense, and Department of Transportation & Communications.
NAMRIA under Section 22(a) is managed by an Administrator assisted by three (3) Deputy Administrators, with the Administrator sitting as secretary of the Board.
NRDC under Section 22(b) must be reorganized under the direct supervision of the Secretary and is responsible primarily for promoting natural resource development and conservation through pioneering but potentially viable production/use/marketing ventures and financing private-sector natural resource development projects through debt instruments and innovative income-generating strategies, while avoiding activities that compete with the private sector except in specific cases where NRDC revenues are earmarked for specific local developmental or social service.
NEA under Section 22(c) is attached to the Department and must be reorganized to act as principal implementing arm for the Department in energy farming and aspects/components of energy policies, programs, and plans not carried out by the private sector, carried out conformably with policies defined by appropriate energy authorities.
Detachment and transfers under Section 23 include administrative detachment of Manila Seedling Bank Foundation, Inc., and transfer of Bureau of Energy Utilization and Bureau of Energy Development to the appropriate energy governing body under the relevant Executive Order pertaining to them.
Transitory provisions under Section 24 govern transfers, including transfer of functions with appropriations, funds, records, equipment, facilities, chosen in action, rights, other assets, liabilities, and necessary personnel with hold-over capacity, and treatment of personnel positions not included in the Department’s new position structure/staffing pattern or not reappointed.

Staffing, evaluation, and reorganization controls

Upon approval of the Executive Order, officers and employees continue in hold-over capacity under Section 25(a) until separation or reappointment in the new structure.
The Secretary must approve and prescribe the new position structure and staffing pattern within sixty (60) days from effectivity under Section 25(b).
Authorized positions created must be filled with regular appointments by the Secretary or by the President as the case may be under Section 25(b).
Incumbents whose positions are not included or who are not reappointed are deemed separated from service and receive retirement benefits under existing laws/rules/regulations under Section 25(b).
Alternatively under Section 25(b), such incumbents are paid the equivalent of one (1) month basic salary for every year of service or fraction thereof computed on the basis of the highest salary received, but with a cap of twelve (12) months salary.
The Department must formulate and enforce a system for measuring and evaluating periodically and objectively its performance and submit it annually to the President under Section 26.
Reorganization changes must comply with notice or consent requirements before implementation when required to protect third persons’ rights recognized by law or contract, including creditor notice/consent obligations, under Section 27.
No change in the reorganization prescribed is valid unless the President approves it in advance for promoting efficiency and effectiveness in public service delivery under Section 28.
Funds needed to implement the Executive Order must come from funds available in the Department under Section 29.
The Secretary must issue orders, rules and regulations, and other issuances necessary to ensure effective implementation under Section 30.
Any portion declared unconstitutional does not nullify other parts if remaining parts can still subsist and be given effect under Section 31.
All laws, ordinances, rules, regulations, and other issuances inconsistent with the Executive Order are repealed or modified accordingly under Section 32.
The Executive Order takes effect immediately under Section 33.