Article 2 Section 15.

The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. EIS . Section 2. Environmental Impact Statement System. - There is hereby established a Environmental Impact Statement System founded and based on the environmental impact statement required, under Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including government owned or controlled corporations, as well as private corporations, firms and entities for every proposed project and undertaking which significantly affect the quality of the environment. Environmental Impact Statement (EIS) - document, prepared and submitted by the project proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. It includes an Environmental Management plan/Program that the proponent will fund and implement to protect the environment. REQUIREMENTS FOR ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM I. Clearance Required All agencies and instrumentalities of the national government including government owned and controlled corporations as well as private cooperating firms and entities to prepare an Environmental Impact Statement (EIS) for every action, project or undertaking, which significantly affects the quality of the environment. Section 4 of PD 1586 thereof provides that no person, partnership or corporation shall undertake or operate in any part such declared environmentally critical project (ECP) and environmentally critical area (ECA) without first securing Environmental Compliance Certificate (ECC). The following are the categories of projects/undertakings under EIS system: Category A. Environmentally Critical Projects (ECPs) with significant potential to cause negative environmental impacts Category B. Projects that are not categorized as ECPs, but which may

cause negative environmental impacts because they are located in Environmentally Critical Areas (ECAs) Category C. Projects intended to directly enhance environmental quality or address existing environmental problems not falling under Category A or B. Category D. Projects unlikely to cause adverse environmental impacts. All other activities not covered by the EIS system may have the option to secure Certificate of Non-Coverage (CNC) as provided for in DAO 03-30. Section 4. Scope of the EIS System 4.1 In general, only projects that pose potential significant impact to the environment shall be required to secure ECC's. In coordination with the Department of Trade and Industry (DTI) and other concerned government agencies, the EMB is authorized to update or make appropriate revisions to the technical guidelines for EIS System implementation. 4.2 The issuance of ECC or CNC for a project under the EIS System does not exempt the proponent from securing other government permits and clearances as required by other laws. In determining the scope of the EIS System, two factors are considered: (i) the nature of the project and its potential to cause significant negative environmental impacts, and (ii) the sensitivity or vulnerability of environmental resources in the project area. The environmental compliance certificate. The ECC certifies that the project proponent has complied with the procedures of the EIS System. For ECPs, the EIS together with the Committee’s report is sent to the Director of the EMB, who in turn forwards documents and recommendations to the Secretary of DENR within 15 days. If the EIS and supporting documentation are

1

by proclamation declare certain projects. The National Environmental Protection Council. The ECC contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project. . or of the standards. at the discretion of the National Environmental Protection Council. No person. agencies. corporations or instrumentalities including the realignment of government personnel.project or program that has high potential for significant negative environmental impact. Frivolous appeals shall not be countenanced. the Secretary makes a decision on the EIS. Presidential Proclamation of Environmentally Critical Areas and Projects. the President may by his proclamation reorganized such government offices. file an appeal on the following grounds: a. during the project's abandonment phase to mitigate identified environmental impacts. Certificate. Section 5.complete. Section 4.a certification issued by the EMB certifying that.area delineated as environmentally sensitive such that significant environmental impacts are expected if certain types of proposed projects or programs are located.document issued by the DENR/EMB after a positive review of an ECC application. For the proper management of said critical project or area. The case at bar is of common interest to all Filipinos. based on the submitted project description. Section 9. the Secretary may need more time to make a decision on the EIS and ECC or request additional input from the proponent. developed or. Serious errors in the review findings. The ECC also certifies that the proponent has complied with all the requirements of the EIS System and has committed to implement its approved Environmental management Plan. This right is also the mandate of the government through DENR. Environmental Compliance Certificate (ECC). undertakings and areas not declared by the Presidents as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement. certifying that based on the representations of the proponent. A denial or violation of that right by the other who has the correlative duty or obligation to respect or protect the same gives rise to a cause of action. implemented in it. the project is not covered by the EIS System and is not required to secure an ECC Section 6. Environmentally Critical Area (ECA) . All licenses may thus be revoked or rescinded by executive action. If documentation is incomplete. and in some cases. Penalty for Violation. . and their specific functions and responsibilities. thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary Environmentally Critical Project (ECP) . or the terms and conditions in the issuance of the Environmental Compliance Certificate. The proponent or any stakeholder may file an appeal to the following: Deciding Authority Where to file the appeal EMB Regional Office Director/ Office of the EMB Director EMB Central Office/ Office of the DENR Secretary DENR Secretary /Office of the President Oposa v.Any person. The said right implies the judicious management of the country’s forests.The President of the Philippines may. on his own initiative or upon recommendation of the National environmental Protection Council. or b. Appeal Any party aggrieved by the final decision on the ECC / CNC applications may. within 15 days from receipt of such decision. partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative.000. institutions. Environmentally Non-Critical Projects. of Non-Coverage . corporation or partnership found violating Section 4 of this Decree. The DENR may adopt alternative conflict/dispute resolution procedures as a means to settle grievances between proponents and aggrieved parties to avert unnecessary legal action.petitioners have a cause of action. rules and regulations issued by the National Environmental Protection Council pursuant to this Decree shall be punished the suspension or cancellation of his/its certificate and/or a fine in an amount not to exceed fifty thousand pesos (50. .All other projects. undertakings or areas in the country as environmentally critical. the proposed project or undertaking will not cause significant negative: environmental impact. Grave abuse of discretion on the part of the deciding authority. The right to a balanced and healthy ecology carries with it the correlative duty to refrain from impairing the environment. Factoran Ratio: A. 2 .00) for every violation thereof.

Petroleum and petro-chemical industries including oil and gas d. b.. In this. the instant case does not involve a law or even an executive issuance declaring the cancellation or modification of existing timber licenses. C. the Court said.In the second place. it is difficult to imagine. renewing or approving new timber licenses for. d. with respect to renewal. a. i. Introduction of fauna (exotic-animals) in public/private forests 4. hydroelectric or geothermal) c. REP. the nonimpairment clause cannot as yet be invoked. Nevertheless. partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized [13] representative. The Supreme Court in granting the petition ruled that the children had the legal standing to file the case based on the concept of “intergenerational responsibility”. save in cases of renewal. as the trial court did. Smelting plants Resource Extractive Industries Major mining and quarrying projects Forestry projects Logging Major wood processing projects 3.. Hence. v. the Court recognized legal standing to sue on behalf of future generations. Finally. III. The state and its political [14] subdivisions. the holder is not entitled to it as a matter of right. the government and the private sectors. a. the law on non-impairment of contracts must give way to the exercise of the police power of the state in the interest of public welfare. Major reclamation projects Major roads and bridges Environmentally Critical Areas 3 . Lastly. processing. local government units are not excluded from the coverage of PD 1586. the same cannot still be stigmatized as a violation of the non-impairment clause. as part of the machinery of the government. Major power plants (fossil-fueled. accepting. 2. Also. Classification of ECP and ECA A. which are the twin goals of c. nuclear fueled. This is because by its very nature and purpose.e. DAVAO sustainable development. such as law could have only been passed in the exercise of the police power of the state for the purpose of advancing the right of the people to a balanced and healthful ecology. Undoubtedly therefore. a. 6. II. cannot therefore be deemed as outside the scope of the EIS [16] system. very clear in Section 1 of PD 1586 that said law intends to implement the policy of the state to achieve a balance between socio-economic development and environmental protection.The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment B.” The Civil Code defines a person as either natural or juridical. b. Forest occupancy Extraction of mangrove products Grazing Fishery Projects Dikes for/and fishpond development projects Infrastructure Projects Major dams Section 4 of PD 1586 clearly states that “no person. granting further that a law has actually been passed mandating cancellations or modifications. the local government units are juridical [15] persons. Environmentally Critical Projects Heavy Industries Non-ferrous metal industries Iron and steel mills c. The local government units. no contract would have as of yet existed in the other instances. Their right to a healthy environment carried with it an obligation to preserve that environment for the succeeding generations. Moreover. 5. b. 1. I.e. 1. B. promoting their health and enhancing the general welfare. i. even if it is to be assumed that the same are contracts. how the non-impairment clause could apply with respect to the prayer to enjoin the respondent Secretary from receiving. The above-quoted first paragraph of the Whereas clause stresses that this can only be possible if we adopt a comprehensive and integrated environmental protection program where all the sectors of the community are involved.

strong winds and storm floods. which prohibits mineral locating within protected areas. game refuge. bird and wildlife sanctuary. watershed. 3. state that portions thereof are within the wilderness area of PICOP. b. closed to mining activities. presidential proclamation or executive order. PICOP V. which act as natural breakwater of coastlines. pursuant to a law. rules and regulations. 10. designated or set aside. Areas classified as prime agricultural lands. strict nature reserve. etc. 8. c.1. 5. From the foregoing. archaeological. Recharged areas of aquifers. presidential proclamation or executive order as national park. Areas set aside as aesthetic potential tourist spots. typhoons. by law. not inconsistent with this Act. near or adjacent to traditional productive fry or fishing grounds. 5(a) of RA 7586 provides: Sec. which support wildlife and fishery activities 11. b. which act as natural buffers against shore erosion. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna). spawning and nursery grounds for fish. Water bodies characterized by one or any combination of the following conditions. wilderness area. with primary pristine and dense young growth. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards. presidential decree. wildlife preserves and sanctuaries. Base Sec. d. within the controlled and/or protected areas declared by appropriate authorities c. natural and historical landmark. Areas which are traditionally occupied by cultural communities or tribes. on which people are dependent for their livelihood. 6. Coral reefs. Although the above-cited area status and clearances. or scientific interests. Areas of unique historic. fish sanctuary. 9. floods. designated or set aside as such. there is clearly no merit to PICOP's contention that the area covered by Base Metals' MPSA is. a. Mangrove areas characterized by one or any combination of the following conditions: a. watershed reserves. 20 of RA 7586.). characterized by one or any combinations of the following conditions: a. e. tapped for domestic purposes b. 012 and 013. becomes operational.—The establishment and operationalization of the System shall involve the following: (a) All areas or islands in the Philippines proclaimed. 4 . presidential decree. It should be emphasized that it is only when this area has been so designated that Sec. Areas with critical slopes. there is no showing that this supposed wilderness area has been proclaimed. c. volcanic activity. 4. Establishment and Extent of the System. 2. The initial components of the System shall be governed by existing laws. 7. with 50% and above live coralline cover. pursuant to a law. 12. All areas declared by law as national parks. adjoining mouth of major river systems. mangrove reserve. particularly those pertaining to MPSA Nos. protected and managed landscape/seascape as well as identified virgin forests before the effectivity of this Act are hereby designated as initial components of the System. 5.

Sign up to vote on this title
UsefulNot useful