Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 53 16

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Article II, Section 16 of the Constitution mandates the State to protect and advance the
rights 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 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.

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, 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. Moreover, 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. 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, the immediate approval of this bill is earnestly sought.

\

. GARY, ALEJANO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5316

Introduced by MAGDALO Party-List Representative
HON. GARY C, ALEJANO

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. Title. — This Act shall be known as the “National Environmental

Protection Act”.

SEC. 2. Declaration of Policy. — 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 environment 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 (NEPA). ~
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, and 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

environment laws;

b) Undertake the enforcement of environmental laws and investigate violators

thereof and all other matters involved in the commission of any violation

thereof;


c) 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;
qd)

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 such other government agencies and
offices, inspect cargo and their conveyances to determine a violation of
environmental laws, if any;

g) 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;

h) Recommend to the appropriate agency the forfeiture of properties and other

assets belonging to, or found in the possession of, violators of environmental
laws;

i) Establish and maintain close coordination, cooperation, and linkages, with
national and regional networks for the protection of the environment; and,

j) Call upon any government agency or office and/ or deputize individuals and

organizations for assistance.

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
such other duties as may be assigned to him. He must possess adequate knowledge,

training, and experience in environmental law enforcement.


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The Director-General shall be assisted by two (2) deputies with the rank of
Assistant Secretary: 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 purposed 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:

a) The Philippine National Police;

b) The Armed Forces of the Philippines;

©) The Bureau of Customs;

) The Maritime Industry Authority; and,

©) The Philippine Coast Guard.

SEC. 7. Relationship 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.

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.


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SEC. 9. Transitory Provisions. — 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 one hundred eighty (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 laws, rules and regulations.

SEC. 10. Repealing Clause. — Executive Order No. 192, Series of 1987, and
Executive Order No. 292, otherwise known as the Administrative Code of 1987, are
hereby modified accordingly. All other acts, ordinances, rules and regulations and other
issuances that are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 11. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,