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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
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, S.No. i10 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Aliicle II, Section 16 of the 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 hannony of 
nature, While the State is pegged to its commitment, existing laws related to environmental 
protection are somewhat inadequate in tenns of implementation and reinforcement strategies, 
This has been proven by numerous reports of illegal activities that degrade the environment 
and unfortunately lead to a rather destructive effect to human lives. 
Years of neglect, haphazard policy-making, and weak local environmental management have 
taken a toll in the fonn of widespread environmental degradation and acute pollution 
problems, Coastal resources, especially high-risk coral reefs, 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 an affinnation of our weak reinforcement efforts to 
protect the environment. Moreover, if we were to quantify the costs of environmental 
degradation, we may conclude that costs of destruction are high, 
While long-tenn national commitment to enviromnental protection will great1(.' reverse 
degradation, it is also important to modernize monitoring, enforcement, and public disclosure 
to ensure compliance, Thus, we need a core of implementers who will ensure that our 
environmental laws are strictly complied with and who will give 'hard fists' on usual 
violators of these laws, 
In view of the foregoing, passage ofthis bill is earnestly sought. 
ONNY' F. 
Senator 
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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
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S. No._'._~_ 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
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 House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title. -This Act shall be known as the "National Environmental 
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Protection Act. " 
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SEC. 2. Declaration of Policy. - It is the declared policy of the State to protect and 
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advance the right of the people to a balanced ecology and a wholesome and healthy 
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environment. Towards this end, the State shall create an agency mandated to strictly enforce 
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environmental laws and cause the prosecution of violators thereof to ensure the protection of 
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our environment and our people. 
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SEC. 3. Creation of the National Environmental Protection Agency. 
To 
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implement the above-declared policy, there is hereby created the National Environmental 
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Protection Agency under the general supervision of and attached to the Office of the 
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President, which shall be created one hundred eighty (180) days from the effectivity of this 
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Act. 
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SEC. 4. Powers, Functions, and Responsibilities of the Agency. - The National 
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Environmental Protection Agency shall have the following powers, functions and responsibilities: 
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a) Formulate and implement an integrated approach to the enforcement of environmental 
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laws; 
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b) Undertake the enforcement of environmental laws and investigate violators thereof and all 
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other matters involved in the commission of any violation thereof; 
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c) Administer oath, issue subpoena duces tecum and ad testificandum in connection with or as 
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an incident to the conduct of an investigation of a violation of environmental laws; 
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d) Arrest and apprehend as well as search violators and seize or confiscate the effects of the 
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violations as provided by law and take custody thereof. For this purpose, prosecutors and 
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enforcement officers of the Agency are authorized to 
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e) Establish office in every region, province or city and maintain a nationwide intelligence 
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system in cooperation with law enforcement agencies, the Department of Environment 
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and Natural Resources, local government units, and other government ag~mcies and 
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offices; 
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f) Monitor and, if warranted, in coordination with the Bureau of Customs, the Philippine 
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Ports Authority, the Maritime Industry Authority, Department of Enviromnent and 
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Natural Resources and the Department of Environment and Natural Resources and such 
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other government agencies and offices, inspect cargo and their conveyances to determine 
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a violation of environmental laws, if any; 
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g) Prepare for the prosecution and cause the filing of appropriate criminal and civil charges 
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against violators of environmental laws. For this purpose, the Agency shall closely 
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cooperate with the Department of Justice and such other concerned government agencies 
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01' offices; 
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h) Recommend to the appropriate agency the forfeiture of propel1ies and other assets 
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belonging to, 01' found in the possession of, violators of environmental laws; 
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i) Establish and maintain close coordination, cooperation and linkages with national and 
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regional networks for the protection of the environment; and, 
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j) Call upon any govemment agency or office andlor deputize individuals and organizations 
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for assistance. 
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SEC. 5. Organization of the Agency. - The National Enviromnental Protection Agency 
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shall be headed by a Director-General with the rank of an Undersecretary, who shall be 
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responsible for the general administration and management of the Agency. The Director-General 
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shall be appointed by the President of the Philippines and shall perform such other duties as may 
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be assigned to him. He must possess adequate knowledge, training and experience in 
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enviromnentallaw enforcement. 
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The Director-General shall be assisted by two (2) deputies with the rank of Assistant 
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Secretary: one for Operations and one for Administration. They shall likewise be appointed by 
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the President. 
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The present National Anti-Enviromnent Crime Task Force as created by Executive Order No. 
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SIS shall be accordingly modified and absorbed by the Agency. The Director-General shall be 
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responsible for the necessary changes in the organization, which shall be submitted, to the 
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President for approval. 
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For purposes of carrying out its duties, functions and responsibilities, the Agency shall have 
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the following Services: Intelligence and Investigation, Intemational Cooperation, Plans and 
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Operations, Legal and Prosecution, Administrative and Human Resource, Financial Management, 
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and Intemal Affairs. 
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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 
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Secretary of Enviromnent and Natural Resources, as Chairman. The Secretary of Justice shall be 
the Board Vice-Chairman with representatives ii-om the following offices as Members: 
a) The Philippine National Police; 
b) The Armed Forces of the Philippines; 
c) The Bnreau of Customs; 
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d) The Maritime Industry Authority; and, 
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e) The Philippine Coast Guard. 
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SEC. 7. Relationsllip with Other Departments. - The Agency shall closely coordinate 
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with other Departments, offices and agencies to ensure the successful implementation of this Act. 
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Nothing herein shall be construed as a derogation of the powers and functions of such other 
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Departments, offices and agencies. 
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SEC. 8. Appropriations. - The amount necessary for the operation of the Agency shall 
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be charged against the current year's appropriations of the National Anti-Environment Crime 
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Task Force. Thereafter, such sums as may be necessary to implement this Act shall be included in 
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the annual General Appropriations Act. 
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The proceeds of the sale of products seized by the Agency pursuant to environmental laws 
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shall be remitted to the Agency for use in the implementation of this Act. Likewise, fifty percent 
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(50%) of the fines imposed by the proper courts in cases filed by the Agency shall pertain to the 
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Agency for the same purpose. 
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SEC. 9. Transitory Provisions. - All offices, bureaus, agencies and divisions that are to 
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be absorbed by the Agency shall cease and their functions, including their appropliations, funds, 
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records, equipment, facilities, rights, assets and personnel shall be transferred to the Agency 
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within 180 days after the effectivity of this Act. Its liabilities, if any, shall be treated in 
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accordance with the government auditing code and other pertinent laws, rules and regulations. 
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SEC. 10. Repealing Clause. - Executive Order No. 192, Series of 1987, and Executive 
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Order No. 292, otherwise known as the Administrative Code of 1987, are hereby modified 
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accordingly. All other acts, ordinances, rnles and regulations and other issuances that are 
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inconsistent with this Act are hereby repealed or modified accordingly. 
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SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
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the Official Gazette or in two (2) newspapers of general circulation. 
Approved.