FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
____________________ ·S_._No_.l_S_8 _______ 
" ___ 
,, _____ ~ 
Introdnced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Artilce 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 harmony of 
nature. While the State is pegged to its commitment, the existing laws related to 
environmentaJ 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. 
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. 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. And, if we were to quantify the costs of 
environmental degradation, we may conclude that costs of destruction are high. 
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. 
~<t~ 
-t\~ 
, 
ANfrOm,O ':SO~J~-:;\lRILLANES IV 
Senator 
1 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Sessioll 
) 
) 
) 
SENATE 
S. No.1GB 
, 
:!' I 
t 
Introdnced 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 the House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Title. -This Act shall be known as the "National Environmental 
2 
Protection Act. " 
3 
4 
SEC. 2. Declaration of Policy. - It is the declared policy of the State to protect and 
5 
advance the right of the people to a balanced ecology and a wholesome and healthy 
6 
environment. Towards this end, the State shall create an agency mandated to strictly enforce 
7 
environmental laws and cause the prosecution of violators thereof to ensure tlle protection of 
8 
our environnlent and our people. 
9 
10 
SEC. 3. Creation of tire National Environmental Protection Agency. 
To 
11 
implement the above-declared policy, there is hereby created the National Environmental 
12 
Protection Agency under the general supervision of and attached to the Office of the 
13 
President, which shall be created one hundred eighty (180) days from the effectivity of this 
14 
Act. 
1 


I 
SEC. 4. Powers, Functions, and Responsibilities of ti,e Agency. - The National 
2 
Environmental Protection Agency shall have the following powers, functions and 
3 
responsibilities: 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
(a) 
(b) 
(c). 
(d) 
(e) 
(t) 
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 
, thereof; 
Administer oath, issue subpoena duces tecum and ad testificandum 
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 fireanns 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; 
2 


(g) 
Prepare for the prosecution and cause the filing of appropriate criminal and 
2 
civil charges against violators of environmental laws. For this purpose, the 
3 
Agency shall closely cooperate with the Department of Justice and such other 
4 
concerned government agencies or offices; 
5 
(h) 
Recommend to the appropriate agency the forfeiture of properties and other 
6 
assets belonging to, or found in the possession of, violators of environmental 
7 
laws; 
8 
(i) 
Establish and maintain close coordination, cooperation and linkages with 
9 
national and regional networks for the protection of the environment; and, 
10 
(j) 
Call upon any government agency or office andlor deputize individuals and 
11 
organizations for assistance. 
12 
13 
SEC. 5. Organization of the Agency. - The National Environmental Protection 
14 
Agency shall be headed by a Director-General with the rank of an Undersecretary, who shall 
IS 
be responsible for the general administration and management of the Agency. The Director-
16 
General shall be appointed by the President of the Philippines and shall perform such other 
, 
17 
duties as may be assigned to him. 
He must possess adequate knowledge, training and 
18 
experience in environmental law enforcement. 
19 
The Director-General shall be assisted by two (2) deputies with the rank of Assistant 
20 
Secretary: one for Operations and one for Administration. They shall likewise be appointed 
21 
by the President. 
22 
The present National Anti-Environment Crime Task Force as created by Executive 
23 
Order No. SIS shall be accordingly modified and absorbed by the Agency. The Director-
24 
General shall be responsible for the necessary changes in the organization, which shall be 
25 
submitted, to the President for approval. 
3 


I 
For purposes of carrying out its duties, functions and responsibilities, the Agency 
2 
shall have the following Services: Intelligence and Investigation, International Cooperation, 
3 
Plans and Operations, Legal and Prosecution, Administrative and Human Resource, Financial 
4 
Management, and Internal Affairs. 
5 
6 
SEC. 
6. NEPA Board. - There is hereby created a NEPA Board which shall 
7 
promulgate policies relative to the enforcement of environmental laws. The Board shaH be 
8 
headed by the Secretary of Environment and Natural Resources, as Chairman. The Secretary 
9 
of Justice shall be the Board Vice-Chairman with representatives from the following offices 
10 
as Members: 
11 
12 
13 
14 
15 
16 
(a) 
(b) 
(c) 
(d) 
(e) 
The Philippine National Police; 
The Armed Forces of the Philippines; 
The Bureau of Customs; 
The Maritime Industry Authority; and, 
The Philippine Coast Guard. 
17 
SEC. 7. Relations/lip with Other Departments. -
The Agency shall closely 
18 
coordinate with other Departments, offices and agencies to ensure the successful 
19 
implementation of this Act. Nothing herein shall be construed as a derogation of the powers 
20 
and functions of such other Departments, offices and agencies. 
21 
22 
SEC. 8. Appropriations. - The amount necessary for the operation of the Agency 
23 
shall be charged against the current year's appropriations of the National Anti-Environment 
24 
Crime Task Force. Thereafter, such sums as may be necessary to implement this Act shall be 
25 
included in the annual General Appropriations Act. 
26 
The proceeds of the sale of products seized by the Agency pursuant to environmental 
27 
laws shall be remitted to the Agency for use in the implementation of this Act. Likewise, 
4 


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