FOURTEENTH CONGRESS OF TEE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
1 
SENATE 
- 
.. 
~
_
_
_
_
_
~
 
- 
Introduced by Senator Antonio “Sonny” 
._ F. Trillanes N 
-. 
~ 
EXPLANATORY NOTE 
The 1987 Constitution mandates 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 
(Article 2, Sec. 16). While the State is pegged to its commitment, the existing laws related to 
environmental protection is somewhat inadequate in terms of implementation and 
reinforcement strategies. This has been proven for numerous reports of illegal activities that 
degrade the environment and unfortunately leads to a rather destructive effect to human lives. 
The recent studies published by the World Bank on its Philippine Environment 
Monitor in 2004 inhcates that despite positive steps by the environment agencies, actual 
change on the ground, measured by environmental indicators, has been slow. Years of neglect, 
haphazard policy-making, and weak local environmental management have taken a toll in the 
form of widespread environmental degradation and acute pollution problems. It also 
specifically states that forested areas in the country continue to be threatened by competing 
development claims of agriculture and urbanization. As habitats shrink, biodiversity in these 
areas is increasingly endangered. Coastal resources, especially coral reefs (over 90% are at 
high risk), mangroves, and sea-grasses face threats from coastal zone development, 
expanding aquaculture, and destructive fishing. Fisheries catch per-unit-of-effort has been 
declining steadily due to overfishing in many areas. 
All of these environmental scenarios 
are affirmation of our weak reinforcement efforts to protect the environment. 
If we were to quantify the costs of environmental degradation, we may conclude that 
costs of destruction are high. For example, mismanagement of fisheries resources is 
estimated to cost PhP 23 billion (US$ 420 million) annually in lost revenues. The annual 
economic losses caused by water pollution are estimated at PhP 67 billion (US$ 1.3 billion) 
and the increased health costs of exposure to air pollution (particulate matter) in four urban 
centers alone are estimated to be over PhP 21 billion (US$400 million). Abandoned mining 
areas and mercury pollution in water bodies that surround mines remain problematic and 
unquantified even as the Government encourages new, environmentally-sensitive mining 
investment (World Bank Report, 2004). 
While long-term national commitment to environmental protection will greatly 
reverse degradation, it is also important to modernize monitoring, enforcement, and public 
disclosure to ensure compliance. We need a core of implementers that would ensure that our 
environmental laws are strictly complied with and give a ‘hard fists’ on usual violators of 
these laws. Anyway, these violators are not just transgressors of the law but those who 
committed environmental crimes whose punishment are not usually earned by them but by 
pristine nature and millions of Filipinos. 
Hence, passage of this bill is earnestly sought for. 
AN‘I~ON~O 
CCSON~~Y” 
F. TRILLANES IV 
Senator 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
1 
Introduced by Senator Antonio “Sonny” F. Trillanes N 
AN ACT 
CREATING THE NATIONAL ENVIRONMENTAL PROTECTION AGENCY, 
DEFINING 
ITS 
POWERS, 
FUNCTIONS 
AND 
RESPONSIBILITIES; 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. TitZe. -This Act shall be known as the “National Environmental 
Protection Act”. 
SEC. 2. 
Declaration of PoZicy. - It is the declared policy of the State to protect 
and advance the right of the people to a balanced ecology and a wholesome and healthy 
environment. Towards this end, the State shall create an agency mandated to strictly enforce 
environmental laws and cause the prosecution of violators thereof to ensure the protection of 
our environment and our people. 
SEC. 3. 
Creation of the National Environmental Protection Agency. - To 
implement the above-declared policy, there is hereby created the National Environmental 
Protection Agency under the general supervision of and attached to the Office of the 
President, which shall be created one hundred eighty (180) days from the effectivity of this 
Act. 
SEC. 4. 
Powers, Functions, m d  Responsibilities of the Agency. - The 
National Environmental Protection Agency shall have the following powers, functions and 
responsibilities: 
(a) 
Formulate and implement an integrated approach to the enforcement of 
environmental laws; 
Undertake the enforcement of environmental laws and investigate violators 
thereof and all other matters involved in the commission of any violation 
thereoe 
(b) 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(e) 
Administer oath, issue subpoena duces tecum and ad testrj%candum in 
connection with or as an incident to the conduct of an investigation of a 
violation of environmental laws; 
Arrest and apprehend as well as search violators and seize or confiscate the 
effects of the violations as provided by law and take custody thereof For this 
purpose, prosecutors and enforcement officers of the Agency are authorized to 
possess firearms in accordance with existing laws, rules and regulations. 
Likewise, enforcers are hereby authorized to enter premises for the purpose of 
conducting inspection and determining compliance with environmental laws; 
Establish office in every region, province or city and maintain a nationwide 
intelligence system in cooperation with law enforcement agencies, the 
Department of Environment and Natural Resources, local government units, 
and other government agencies and offices; 
Monitor and, if warranted, in coordination with the Bureau of Customs, the 
Philippine Ports Authority, the Maritime Industry Authority, Department of 
Environment and Natural Resources and the Department of Environment and 
Natural Resources and such other government agencies and offices, inspect 
cargo and their conveyances to determine a violation of environmental laws, if 
any; 
Prepare for the prosecution and cause the filing of appropriate criminal and 
civil charges against violators of environmental laws. For this purpose, the 
Agency shall closely cooperate with the Department of Justice and such other 
concerned government agencies or offices; 
Recommend to the appropriate agency the forfeiture of properties and other 
assets belonging to, or found in the possession of, violators of environmental 
laws; 
Establish and maintain close coordination, cooperation and linkages with 
national and regional networks for the protection of the environment; and, 
Call upon any government agency or office andlor deputize individuals and 
organizations for assistance. 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
(i) 
SEC. 5. 
Organization of the Agency. - The National Environmental 
Protection Agency shall be headed by a Director-General with the rank of an Undersecretary, 
who shall be responsible for the general administration and management of the Agency. The 
Director-General shall be appointed by the President of the Philippines and shall perform 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
such other duties as may be assigned to him. He must possess adequate knowledge, training 
and experience in environmental law enforcement. 
The Director-General shall be assisted by two (2) deputies with the rank of Assistant 
SecretaN: one for Operations and one for Administration. They shall likewise be appointed 
by the President. 
The present National Anti-Environment Crime Task Force as created by Executive 
Order No. 515 shall be accordingly modified and absorbed by the Agency. The Director- 
General shall be responsible for the necessary changes in the organization, which shall be 
submitted, to the President for approval. 
For purposes of carrying out its duties, functions and responsibilities, the Agency 
shall have the following Services: Intelligence and Investigation, International Cooperation, 
Plans and Operations, Legal and Prosecution, Administrative and Human Resource, Financial 
Management, and Internal Affairs. 
SEC. 6. 
NEPA Board - There is hereby created a NEPA Board which shall 
promulgate policies relative to the enforcement of environmental laws. The Board shall be 
headed by the Secretary of Environment and Natural Resources, as Chairman. The Secretary 
of Justice shall be the Board Vice-chairman with representatives from the following offices 
as Members: 
( 4  
The Philippine National Police; 
(b) 
( 4  
The Bureau of Customs; 
( 4  
(e) 
The Philippine Coast Guard. 
The Armed Forces of the Philippines; 
The Maritime Industry Authority; and, 
SEC. 7. 
Relationshlp with Other Departments. - The Agency shall closely 
coordinate with other Departments, offices and agencies to ensure the successful 
implementation of this Act. Nothing herein shall be construed as a derogation of the powers 
and functions of such other Departments, offices and agencies. 
SEC. 8. 
Appropriations. - The amount necessary for the operation of the 
Agency shall be charged against the current year’s appropriations of the National Anti- 
Environment Crime Task Force. Thereafter, such sums as may be necessary to implement 
this Act shall be included in the annual General Appropriations Act. 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
The proceeds of the sale of products seized by the Agency pursuant to environmental 
laws shall be remitted to the Agency for use in the implementation of this Act. Likewise, 
fifty percent (50%) of the fines imposed by the proper courts in cases filed by the Agency 
shall pertain to the Agency for the same purpose. 
SEC. 9. Transit0 y Provislons. - All offices, bureaus, agencies and divisions that 
are to be absorbed by the Agency shall cease and their functions, including their 
appropriations, funds, records, equipment, facilities, rights, assets and personnel shall be 
transferred to the Agency within 180 days after the effectivity of this Act. Its liabilities, if 
any, shall be treated in accordance with the government auditing code and other pertinent 
11 
laws, rules and regulations. 
12 
13 
SEC. 10. 
Repealing Clause. - Executive Order No. 192, Series of 1987, and 
14 
Executive Order No. 292, otherwise known as the Administrative Code of 1987, are hereby 
15 
modified accordingly. All other acts, ordinances, rules and regulations and other issuances 
16 
that are inconsistent with this Act are hereby repealed or modified accordingly. 
17 
18 
SEC. 11. 
Eflectiviw. - This Act shall take effect fifteen (15) days after its 
19 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
4