LEA DENR Flashcards
(22 cards)
Reorganization Act of the Department of Environment and Natural Resources (DENR)
Executive Order (E.O.) No. 192, s. 1987
It is the policy of the State to protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature, and maintain a wholesome natural environment by enforcing environmental protection
laws.
SECTION 1. Basic Policy.
Promote the efficient and effective enforcement of environmental laws, rules
and regulations through the creation of the Environmental Law Enforcement
and Protection Service (ELEPS) by:
2.1.1. Defining the enforcement authority and functions of the Service in order
to enhance the existing DENR organizational structure including field
offices, Bureaus and Attached Agencies; and
2.1.2. Establishing strong coordinative and collaborative enforcement
mechanisms with other law enforcement agencies, Local Government
Units, Civil Society and transboundary networks, among others.
2.2. Strengthen and professionalize enforcement of environmental laws with the use
of advanced science and technology.
2.3. Professionalize enforcement units in the DENR and develop highly competent
manpower.
SECTION 2. Objectives.
This Order shall cover all environmental laws as
enumerated in the Supreme Court Rules of Procedure for Environmental Cases involving
enforcement or violations of environmental and natural resources laws, rules and regulations
such as, but not limited to the following:
1. Terrestrial Laws
2. Сoastal, Marine, and Aquatic Resources Laws
3. Aerial Law
4. Other ENR Laws
SECTION 3. Scope and Coverage.
the power to administer or enforce the law, it intends to
carry the laws into effect, practical application of laws and execution of the principles prescribed by the lawmaker.
Administrative Powers
an Order duly issued by the Secretary or by the Service
directing or enjoining any person, business or organization, or government
agency, to stop or discontinue an act considered harmful or illegal and/or in order
to protect, preserve or rehabilitate the environment. A CDO may be permanent,
for specific period of time, or until final administrative or judicial determination
of its legality occurs.
Cease and Desist Order
an Order which may be issued by a person in authority
permanently closing unlawful, illegal or unlicensed premise or premises in
violation of pertinent rules and regulation in relation to environmental laws.
Closure Order
a directive by the Director, as expressly empowered
herein by the Secretary, ordering the immediate stoppage of an act or activity being committed by a single person whether alone or in the company of others which is against environment and natural resources laws and directing him to
appear before any administrative proceedings as a consequence of his act or activities, pursuant to Section 89, PD No. 705 as revised; Section 40, RA No. 8749; Section 30, RA No. 9275; Section 8 (g), RA No. 9003; and Section 30, RA No. 9147.
DENR Enforcement Order
the act of taking in favor of the government, real or personal
properties, from a person without payment or compensation in an administrative
proceeding.
Confiscation
temporary holding or safekeeping by a person in authority of any
evidence obtained or seized in an enforcement operation conducted by or with the
participation of the Service, while a case is pending before any administrative
body or the courts.
Custody
the act of compelling observance of or compliance with a law, rule
or obligation.
Enforcement
as used in this Order, occurs when there is a demonstrated impending
threat to human life, biodiversity, or irreparable damage to the integrity and
stability of the ecosystem.
Emergency
- the taking of seized private property which includes, but not
limited to, vehicle, vessel, facility, equipment, tools, paraphernalia, implements,
gadgets, by government action with custody documentation pending the outcome
of criminal prosecution or administrative adjudication.
Impoundment -
informs a person or juridical entity that a rule, statute,
or permit condition has been violated as observed or discovered.
Notice of Violation (NOV)
as used in this Order, this refers to the taking by the environmental
officers of potential evidence from a person who is suspected of violating
environmental laws, rules and regulation. Seizure of evidence may be done by
virtue of a search warrant issued by the court or on the occasion of a warrantless
arrest or warrantless search.
Seizure
an Order that requires one or more of the parties to a cause
to justify, explain, or prove something to the court or quasi-judicial body. It is
used when the there is a need for more information before deciding on a certain
issue or matter.
Show Cause Order
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 began in one place and continued to be committed
while the offender is moving to other places.
Transnational or transboundary violation
ELEPS meaning
Environmental Law Enforcement and Protection
Service
serve as the frontline units for the enforcement of ENR laws, rules
and regulations in the field level.
Enforcement and Monitoring Section/Unit in the PENRO/CENRO
shall be composed of the Inter-Agency Relations Section and
the Protection and Prevention Section, and shall be headed by a Division Chief.
Environmental Protection Division
In order to effectively perform its functions, the
ELEPS officials and personnel shall undergo continuing capacity-building on the enforcement
of environmental laws, rules and regulations.
Capacity Building.
The budgetary requirements for the initial operationalization
of the ELEPS shall be sourced from, but not limited to, the funds allocated for the
Environmental Protection and Enforcement Task Force (EPETF), subject to the submission
and approval of a Work and Financial Plan (WFP) and in accordance with budgeting,
accounting and auditing rules and regulations.
SECTION 7. Funding.
