Department of Environment and Natural Resources (DENR) Administrative Order No. 2008-01 on the creation of the Task Force Kalikasan (TFK)

Republic of the Philippines Department of Environment and Natural Resources Visayas Avenue, Diliman, Quezon City Tel Nos. (632) 929-66-26 to 29 • (632) 929-62-52 929-66-20 • 929-66-33 to 35 DENR Administrative Order No. 2008- G1 929-70-41 to 43 fU06al SUBJECT: CREATION OF TASK FORCE KALIKASAN (TFK) WHEREAS, Article II, Section 16 of the Constitution· provides that the State shall protect and advance the rights of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; WHEREAS, unscrupulous and unsustainable exploitation of, our natural resources have contributed to the destructive effects of natural calamities, resulting in the loss of lives and destruction of properties and the environment; WHEREAS, the presence of air, water, land and toxic pollution have endangered human health, safety and the quality of life; WHEREAS, the advent of global wanning and climate change have made the country and its natural ecosystems more vulnerable to the effects of extre~e weather events; WHEREAS, there is a need to protect the environment and natural resources for stability and growth of the natural ecosystems, promote human health, safety and the quality of life for the benefit of the present and future generations; WHEREAS, there is a need to coordinate, integrate and provide focus on the numerous enforcement functions, programs and activities of the Department; NOW, THEREFORE, I, JOSE L. ATIENZA, JR., Secretary of the Department of Environment and Natural Resources, by the powers vested in me by laws, do hereby issue the following orders: Section 1. Creation of the Task Foree Kalikasan. There is hereby created the Task Force K.alikasan, hereinafter referred to as the Task Force (TFK), under the Office of the Secretary, as the lead implementing unit in the enforcement of various laws, rules and regulations of the Department Section 2. Scope and Covenge of Enforcement. The Task Force shall be responsible for the enforcement of all environmental laws, whose responsibility is vested in the Department, including, among others: 1 Let's Go Green a Presidential Decree No. 1586 - Philippine Environmental Impact Statement System. b. Presidential Decree No. 705 - Revised Forestry Code of the Philippines. c. Republic Act No. 6969 - Toxic and Hazardous Substances and Nuclear Wastes Control Act of 1990. d. Republic Act No. 7586 - National Integrated Protected Area Systems Act of 1992. e. Republic Act No. 7942 - Philippine Mining Act of 1995. f. Republic Act No. 8749 - Philippine Clean Air Act of 1999. g. Republic Act No. 9003 - Ecological Solid Waste Management Act of 2000. h. Republic Act No. 9275 - Philippine Clean Water Act of 2004. 1. Republic Act No. 9175 - Chain Saw Act of 2005. J. Republic Act No. 9147 - Wildlife Act. k. Provisions of other laws dealing with the protection of the environment and natural resources, including relevant international commitments of the Philippines and the Deparbnent. · Section 6. Organi7.ational Structure. The Task Force shall be composed of the following units and functions: a Office of the Executive Director: • Manage the day-to-day administrative operations of the Task Force. • Supervise and provide leadership and guidance in the enforcement operations of the Task Force. • Recommend the grant of monetary rewards or incentives to informants of vital information that lead to the successful apprehension and prosecution of violators. • Recommend the deputation of persons and organizations that can assist in the enforcement of environmental laws, rules and regulations and conduct appropriate trainings. • Execute orders of duly constituted authorities and adjudication bodies. • Coordinate will all appropriate offices within and outside the Department for the efficient and effective implementation of the enforcement functions of the Department. • Perform other functions as may be directed by the Secretary. b. Office of the Deputy Executive Director: • Assist the Executive Director in the day-to-day management and operations of the Task Force. • Formulate and recommend the plans and programs of the Task Force .. 2 c. Administrative and Logistics Division or AD MIN: • Ensure the availability and provision of resources and logistics for the management and operations of the Task Force. • Provide the necessary financial controls, accounting and auditing system in the generation, use and disbursement of resources. • Coordinate with all appropriate offices in the performance of its functions. • Perform other functions as may be directed by the Executive Director. d. Intelligence and Investigation Division or INTEL: • Gather, receive, collate and process/evaluate information critical to the operation of the Task Force. • Conduct intelligence and counter-intelligence . operations to identify violators of environmental laws. • Prepare intelligence reports and assessment. • Conduct researches and maintain a data base of information relating to violations of environmental laws, rules and regulations and other information needed in strengthening the protection of the environment and enforcement of environmental rules and regulations. • Coordinate with all appropriate offices in the performance of its functions. • Perform other functions as may be directed by the Executive Director. e. Operations Division or OPERATIONS: • Direct the conduct of operations and cause the immediate arrests and detention of suspected violators of environmental laws rules and regulations. • Conduct administrative confiscation proceedings over apprehended forest products, wildlife, mineral and other natural resources. • Conduct investigation for the purpose of gathering evidences for prosecution. • Facilitate referral of cases to appropriate bodies for the proper disposition of suspected violators and for the forfeiture and seizure proceedings against confiscated goods, properties and accessories. • Participate, support and assist in all legal proceedings related to the prosecution of offenders. • Monitor and follow-up the progress of on-going investigations and prosecution of cases file by the Task Force. 3 • Coordinate with all appropriate Offices in the performance of its functions. • Perform other functions as may be directed by the Executive Director. Section 7. Staffing. The Secretary shall determine the staffing pattern and designate the necessary officials and personnel that will compose the Task Force. Section 8. Funding. Initial funds for the operations of the Task Force shall be taken from the Office of the Secretary. For 2009 and thereafter, funds for the Task Force shall be taken from the regular budget of the Center, as may be proposed and approved in the General Appropriations Act, and other appropriate sources. Section 9. Support of Other Offices. All Offices in the Department, including attached corporations and field offices, are hereby directed to provide the necessary support and logistics in the operations of the Task Force. Section 10. Rules of Engagement. The Task Force shall formulate and recommend appropriate rules of engagement that will guide the enforcement operations of the Task Force. Section 11. Performance Evaluation and Accomplishments. The Office of the Undersecretary for Policy and Planning shall undertake the periodic review of the performance and accomplishments of the Task Force, pursuant to Section 4, Item 4.2.3 of DAO No. 01 (Implementing Rules and Regulations of Executive Order No. 192), dated January 13, 1988, whereby policy and planning was tasked with monitoring and evaluating the programs of the Department. Section 12. Separability Clause. If for any reason, any section or provision of this Order is declared invalid, the remaining portions not affected shall continue to be in full force and effect. • Section 13. Repealing Clause. All orders, rules regulations and issuance~ or parts thereof, which are inconsistent with this Order are hereby repealed o . modified accordingly. Section 14. This Department Administrative Order shall take effect imm 1ately. ~• ~"'the~ · ~DEPARTME,n- OF ENIIIRONMENT ,,,.. ANDNA'I\JRALRESOURCES IN REPLYING, PLI CITE: SENR-Ot4559 1111111111111111 4