The Philippine

Environmental Impact
Assessment System
Arch John B. Camps
Noreen T. Claro
Ellaine B. Chin
Yanily Ann R. Valdez
 INTRODUCTION

The 1987 Constitution

• 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

• SECTION 20. The State recognizes the

indispensable role of the private sector, encourages
private enterprise, and provides incentives to
needed investments
 Department of
Environment and Natural
Resources’ Policy

Balance between socioeconomic growth

and environmental protection through the
sustainable use, development, management, renewal
and conservation of the country’s natural resources,
including the protection and enhancement of the
quality of the environment, not only for the
present generation, but for the future
generation system as well.
 • Promulgated as PD 1586 in June 11, 1978, and as declared by
The Philippine former President Ferdinand E. Marcos
Environmental • Also known as “Establishing the Environmental Impact
Statement Systems”
Impact
• Designed to mitigate these harmful effects through studying,
Statement researching, assessing, scoping, monitoring economic
activities, to the end of issuing an Environmental
System Compliance Commitment (ECC) document
The Philippine
Environmental • PD 1586 is implemented through DAO 2003-30

Impact • Whether or not a proposed project would require

EIA for the issuance of ECC or Certificate of
Statement Non-Coverage (CNC)
Systemc
 Generation as trustee and guardian of the environment for succeeding
generations

Ensuring the people of a safe, decent, healthful, productive and aesthetic

environment

The widest exploitation of the environment without degrading it, or

endangering human life, health and safety or creating conditions adverse
to agriculture, commerce and industry

Purposes Preservation of important historic and cultural aspects of the Philippine

heritage

A rational and orderly balance between population and resources

Improving the utilization of renewable and non-renewable resources

Objectives

• 1) Environmental considerations at the earliest possible stage of

the project development
• 2) Streamline the current procedures for the improvement and
efficacy of Environmental Impact Assessment (EIA)
• 3) Enhance maximum public participation of the EIA process
 All agencies and
A document instrumentalities
prepared and of the national
submitted by government,
the project including
proponent that government-
The Environmental serves as an owned or
Impact Statement application for an controlled
Environmental corporations,
Compliance private
Certificate corporations,
firms and entities
 The environmental impact of the proposed
action, project or undertaking

The adverse environmental impact which are

unavoidable if the proposal is approved and
implemented
Contents of
EIS The alternative to the proposed action

Statement That the short-term uses of the nation’s natural

resources are consistent with the maintenance and
enhancement of the long term productivity of the same

That a finding must be done that depletion of natural

resources is warranted, when the project involves such
activity
The Environmental Impact Assessment Process
PUBLIC
EIA SECTOR
YES EIA Study Scoping
START PROJECT required? P
A
R
NO
C
EIA Study Report I
T
Expansion/ Secure necessary permits / I
Modification IMPLEMENTATION clearances from other EMB
YES
Divisions, DENR, other GA's P
? Review & Evaluation
and LGU's A
of EIA as facilitated
by DENR EMB
T
I
O
NO
N
ECC
Environmental ISSUE ECC NO
Denied?
Impact Monitoring &
Evaluation / Audit

Change Project Plan/ YES

Relocate
END

Legend:
Proponent-driven
DENR-EMB driven
Proponent-driven but outside the EIA Process as requirements are under the mandate of other entities
Public involvement, which typically begins at scoping but may occur at any stage of the EIA process
 6 Stages of EIA Process (SS-EE-DM)
• Screening
• Scoping
• EIA Study and Report Preparation
• EIA Report Review and Evaluation
• Decision Making
• Monitoring, Validation, Evaluation/ Audit
What happens in every step of the EIA Process?
 Proclamation No. 2146, Series of 1981
Heavy Industries
1. Non-ferrous Metal Industries
2. Iron and Steel Mills

Projects
3. Petroleum and Petrochemical Industries including oil and gas
4. Smelting plants
Resource Extractive Industries
A. Major Mining and Quarrying Projects
B. Forestry Projects
B.1. Logging
B.2. Major wood processing projects
Covered
B.3. Introduction of fauna (exotic animals in public
private forests)
B.4.Forest occupancy
B.5.Extraction of mangrove products
Fishery Projects
Dikes for/and fishpond development projects 1. Environmentally
Infrastructure Projects
Major dams Critical Project (ECP)
Major power plants (fossilfuelled, nuclear fuelled, hydroelectric or geothermal)
Major reclamation projects
Major roads and bridges
 Proclamation No. 2146, Series of 1981
All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries
Areas set aside for aesthetic potential tourist spots
Areas which constitute the habitat for any endangered
or threatened species of indigenous Philippine Wildlife
Projects
Areas of unique historic, archaeological, or scientific interests
Areas which are traditionally occupied by cultural communities or tribes Covered
Areas frequently visited and/or hard hit by natural calamities
(geologic hazards, floods, typhoons, volcanic activity, etc.)
Areas with critical slopes
Areas classified as prime agricultural lands
Recharged areas of aquifers
2. Environmentally
Water bodies Critical Area (ECA)
Mangrove areas
Coral reefs
 TWO REQUISITES:
Boracay
✓Prior consultation with the affected local
Foundation v. communities
Province of ✓Prior approval of the project by the appropriate
sanggunian
Aklan
 • Sections 26 and 27 in the Local Government Code
Bangus Fry • Legislative concern for the maintenance of sound
Fisherfolk v. ecology and clean environment

Lanzanas • Again, the TWO REQUISITES shall apply

 Under DENR DAO 2003-30, proponents should
initiate public consultations early in order to ensure
that the environment relevant concerns and
stakeholders are taken into consideration in the EIA
study and the formulation of the management plan.
Public Sector
Participation
The EIA makes certain that significant consultation of
the views of the members and representatives of
community’s voices are heard, and considered in
project preparation.
The Environmental Compliance
Certificate
• Pursuant to Section 4 of PD 1586 of the Act Establishing an
Environmental Impact System
“No person, 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”.
 Legally allows an Certifies that the
entity to undertake proponent has
any socio-economic complied with all
activity with the requirements of
environmental impact the EIS System

The Environmental Compliance Certificate

 Salient Features of ECC

• Three (3) parts

• The certificate of environmental compliance commitment
• The conditions within the mandate of the EMB
• EIA Review Committee’s recommendations to the Proponent

Non-compliance to any of the conditions may be imposed a corresponding

penalty.
• Valid and active for the lifetime of the
project
• Projects not implemented within five
years from ECC issuance ECC Validity
• ECC was not requested for extension and Expiry
within three months from the expiration
of its validity
 Issuance of ECC vested in the DENR
• The authority to issue ECC is vested in the President of the Philippines or his duly
authorized representative which is the DENR. This is pursuant to Section 4 of PD No.
1586
• Accordingly AO No. 42 issued by the President, vests upon the DENR Secretary as alter
ego of the President, the power to grant or deny ECC on behalf of the President. The
same law also designates the EMB Central and Regional Director as approving
authorities for certain types of ECC
• Clearly, the LGU’s and administrators of declared area management do not have the
authority to issue ECC.
 Based on the submitted Project Description
Report, the project is not covered by the EIS
System and is not required to secure an ECC
The
Certificate Other requirements by other DENR offices,
LGUs or other government agencies
of Non-
coverage
Issuance of ECC/CNC involves the exercise of
judgement and discretion
 DENR-EMB cannot require an ECC or
deny a CNC application for a project
The that is confirmed to be not an ECP
and not within an ECA
Certificate
of Non-
It is ministerial upon DENR-EMB to
coverage issue the CNC upon application by a
Proponent
 Procedures CNC Application

Project Description PD Report Review

PROJECT Procedural Screening
START Report Preparation and Evaluation

Substantive Review
Transmittal of CNC Sign-off/ Issuance of Endorsement of
END Document Decision Document Recommendation

Draft
Review by proper
Optional Site Visit Recommendation
EIAMD case handler Document by EMB CH
Legend:
Proponent-driven
DENR-EMB driven
Proponent-driven but outside the EIA Process as requirements are under the mandate of other entities
Public involvement, which typically begins at scoping but may occur at any stage of the EIA process
 Amendments of the Environmental
Compliance Certificate
WHAT ARE MINOR AMENDMENTS?
1. Typographical error
2. Extension of deadlines for submission of post-ECC requirement/s
3. Extension of ECC validity
4. Change in company name/ownership
5. Decrease in land/project area or production capacity
6. Other amendments deemed “minor” at the discretion of the EMB CO/RO Director
Amendments of the Environmental
Compliance Certificate (MINOR)
Proponent prepares EMB Assigns Case CH
START and submits Letter Handler Recommendation
Request

Decision on the
END letter request

Legend:
Proponent-driven
DENR-EMB driven
Proponent-driven but outside the EIA Process as requirements are under the mandate of other entities
Public involvement, which typically begins at scoping but may occur at any stage of the EIA process
 Amendments of the Environmental
Compliance Certificate
WHAT ARE MAJOR AMENDMENTS?
1. Expansion of project area w/in catchment described in EIA
2. Increase in production capacity or auxiliary component of the original project
3. Change/s in process flow or technology
4. Addition of new product
5. Integration of ECCs for similar or dissimilar but contiguous projects (NOTE: ITEM #5
IS PROPONENT’S OPTION, NOT EMB’S)
6. Revision/Reformatting of ECC Condition
7. Other amendments deemed “major” at the discretion of the EMB CO/RO Director
/Reformatting of ECC Conditions
 Amendments of the Environmental
Compliance Certificate (MAJOR)
Proponent prepares EPRMP/PEP EMB forms a
EMB evaluates the RMP based
START and submits Letter requests
YES Technical Review
request? Committee
Request

Letter Requests shall be accompanied with: NO ECC-endorsing/issuing

authority will render
* PROGRAMMATIC ECC = EPRMP decision
* PROJECT THAT STARTED IMPLEMENTATION = EPRMP
* OPERATING PROJECTS = EIA Report incorpoarting the Case handler will
project’s historical environmental performance and its evaluate
current EMP, subject to specific documentary requirements
detailed in Annex 2-1c for every modification scenario. END

Legend:
Proponent-driven
DENR-EMB driven
Proponent-driven but outside the EIA Process as requirements are under the mandate of other entities
Public involvement, which typically begins at scoping but may occur at any stage of the EIA process
 1) For projects which were never
implemented

Application 2) For projects which were issued ECC

but are currently classified as “not
Process for covered”
Relief from ECC 3) For projects which have commenced
Commitments implementation and terminated (e.g.
has been completed, will be abandoned,
for decommissioning)
 For Scenario1 & 2:
Scenario of Proponent prepares a Letter
START the case Request containing details of
the request, etc. & submits
to ECC-issuing DENR EMB

For EIS-Based Projects

For Scenario 3: Proponent Case handler will Avails of a 3rd party expert (EIARC) or
prepares a Letter Request evaluatee Technical Committee (TC) who will
containing details about the
evaluates the request and replies to
project, etc. & submits to
Proponent (30 days for RO, 45 days for
ECC-issuing DENR EMB

DENR-EMB a pproves the

Process Case handler

evaluates
e nvi ronmental
a s pects/component of the
Aba ndonment/,
Re ha bilitation a nd/or
De commissioning Pl an within
the EMB ma ndate

for
TIMELINE FOR REPLY

*Applications with EMB RO = Within

30 days
Replies to proponent Proponent carries
*Applications at the EMB CO = within out the plan

Relief 45 days

Proponent
completes the DENR-EMB verifies
requirements, if any compliance

from DENR_EMB verifies

DENR-EMB issues an

ECC
compliance END
official letter

OFFICIAL LETTERS FOR SCENARIO 1& 2

*a letter relieving the Proponent from complying

with ECC, or

*a letter denying the relief until requirement is

satisfactorily completed

Legend:
Proponent-driven
DENR-EMB driven
Proponent-driven but outside the EIA Process as requirements are under the mandate of other entities
Public involvement, which typically begins at scoping but may occur at any stage of the EIA process
 Judicious implementation of sound and
COMPLIANCE standard environmental quality during
the development stage of a particular
MONITORING project
 Tasked to monitor the project proponent’s
compliance with the conditions stipulated
PENRO to in the ECC
Monitor With support from the DENR regional
Compliance office and the Environmental Management
Bureau
 A multi-partite monitoring team
Monitoring (MMT) shall be formed immediately
after the issuance of an ECC
for Projects
issued with
ECC Proponents required to establish an
MMT and shall put up an
Environmental Monitoring Fund
(EMF) not later than the initial
construction phase of the project
Monitoring
for Projects • Not subject to monitoring under the EIS System
• Projects issued ECCs under the old IRRs of P.D.
issued with 1586 but are now non covered
CNC
 • The Cherry Hills tragedy is the best example of a
Specific failed monitoring compliance.

Monitoring (Balicas v. Fact Finding and Intelligence Bureau,

Balicas v. Fact Finding and Intelligence Bureau, G.R.
Imposed on NO. 145972, March 23, 2004)
the HLURB
 • Failure to monitor and inspect the development of
the Cherry Hills Subdivision in Antipolo, is placed
in the HLURB and not in PENRO.
• The responsibility of monitoring housing and land
development project is not lodge with the DENR
The Cherry Hills but with the HLURB as the sole regulatory body
Tragedy for housing and land development.

(Principe v. Fact Finding and Intelligence Bureau, G.R.

No. 145973, January 23, 2002)
 a) Projects with or without ECCs which pose grave and/or
irreparable danger to environment, life and property wherein
causes are not regulated by any specific Environmental law

b) Projects are established and/or operating without an ECC

A project
initiated c) Violations of conditions of ECCs with old format referring
to submission of documents, conduct of studies and other
without ECC – conditions within the mandate of other agencies

Consequence d) Projects violating ECC conditions and EMP Commitments

and other procedural requirements of the Philippine EIS
System

e) Misrepresentation in the EIA Report or any other EIA

documents
Fines, Penalties and Sanctions

• Shall be punished the suspension or cancellation

of his/its certificate and/or a fine in an amount
not to exceed fifty thousand pesos (P50,000.00) for
every violation thereof (Section 9 of P.D. 1586 )
 PD 1586 does not
preclude the fact
that DENR may
ECCs may be require the
suspended for Proponent to
Suspension violation of institute
Proponents to environmental
of ECC comply with ECC safeguards/meas
conditions ures to prevent
further threat or
actual damage to
the environment
 DAO 96-37 = separate administrative proceeding
to address complaints for cancellation of an ECC

Administrative
Administrative investigation after which the
Proceedings for hearing officer will submit his report to the EMB
Director or the Regional Director Executive
Cancellation of Director who will then render his decision
ECC’s

The aggrieved party may file an appeal with the

DENR Secretary who has authority to issue cease
and decease orders
 The EMB Director or the EMB-Regional
Director may issue

Violations under the Philippine EIS System which cannot be

Cease and attributed to specific environmental laws and/or which
present grave or irreparable damage to the environment

Desist
Order Effective immediately

An appeal or any motion seeking to lift the Cease and

Desist Order shall not stay its effectivity. However, the
DENR shall act on such appeal or motion within ten (10)
working days from filing
• Possible violation includes
(1) Discovery of alleged violation from
complaints and non- monitoring sources
(2) Discovery of violation either from:
Administrative
(A) Field Monitoring Investigation
(B) Field Inspection
(C) Field Surveillance
(D) Desk Review
 FOR SCENARIO 1 = Notice of Alleged
Violation (NAV) and requests for an official
reply as to why the Proponent should not
be penalize.

FOR SCENARIO 2 = Notice of Adverse Findings

(NAF) and requests for an official reply as to
why the Proponent should not be penalized

Actionable
ALLEGED VIOLATION under PD YES DENR-EMB send
START OR DISCOVERY OF 1586?
proponents a notice
VIOLATION

NO DENR-EMB may
conduct field
EMB Director/ RD fefers compliant to validation, site
Pollution Adjudication Board (PAB) or inspection, etc.
government entities/LGUs with direct
mandate on the complaint
CASE DECISION DOCUMENT TO BE SENT TO
PROPONENT SHALL INCLUDE:
DENR-EMB sends
Proponent

Administrative
a) Clearance Letter (CL), and Proponent a Show
NO replies in 7
b) Notice of Violation (NOV) and Order of Payment Cause Letter (SCL) as to
days?
why penalty or fine will
not be imposed.

YES
CH drafts/Hearing DENR-EMB/Case
Whether Proponent

Investigation
Officer issues the handler may still
Case Decision attends or not, case is
hold technical
Document (CDD) to deemed submitted for Case handler
hearing or technical
the Proponent decision evaluates
conference

Process
Proponent files MR
Legal Officer
Proponent with ECC issuing Case handler reviews CH prepares TH
YES conducts Technical
appeals? office within 15 days motion Report
Hearing (TH)
from receipt of NOV

If MFR is denied, Proponent Legal Officer

NO files appeal to next level of EMB RO transmits prepares Case
authority w/in 15 days of CRD to Proponent Resolution
receipt of CRD Document (CRD)
Follow-up
investigation

CH#2 reviews appeal

Legend:
Proponent-driven
DENR-EMB driven
Complied with Proponent-driven but outside the EIA Process as requirement
NIV and paid DENR-EMB issues
YES Legal Officer #2 Public involvement, which typically begins at scoping but may
penalties/fines Clearance Letter
conducts TH
?

CH#2 prepares TH
NO Report

Case will be reffered

to DENR-EMB Legal Legal Officer #2
EMB RO transmits prepares Case
CRD to Proponent) Resolution
Document (CRD)

END
Conclusion

• EIA has become an important process to

determine the potential impacts of projects on the
environment and communities involved
• Solid procedures were outlined that must be
strictly followed
• Both EIS system and EIA works hand in hand as a
government’s tool for sustainable development in
all aspect
 • A need to improve the quality of
environmental assessment in the country
in order to maximize its full potential
Recommendation
• Continuous update on the Implementing
Rules and Regulation of the EISS
• Strong political interference
 Strike a balance
Development always
between economic
carries with it
activities and the use
underlying
of the country’s
responsibilities
natural resources

The PEISS has been

formalized to provide
Reflections stringent
identification, scoping,
and monitoring of
projects

“Earth provides enough to satisfy

every man's needs, but not every
man's greed.”