Philippine Environmental

Policy
PD 1151
Background

• The individual and, at times, conflicting demands

of population growth, urbanization, industrial
expansion, rapid natural resources utilization and
increasing technological advances have resulted
in a piecemeal-approach concept of
environmental protection
• Such concept is not conducive to the attainment
of an ideal environmental situation
Declared Policy

1. To create, develop, maintain and improve conditions

under which man and nature can thrive in productive
and enjoyable harmony with each other
2. To fulfill the social, economic and other requirements
of present and future generations of Filipinos
3. To insure the attainment of an environmental quality
that is conducive to a life of dignity and well-being
Goal

1. Recognize, discharge and fulfill the responsibilities of each generation as

trustee and guardian of the environment for succeeding generations
2. Assure the people of a safe, decent, healthful, productive and aesthetic
environment
3. Encourage 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
4. Preserve important historic and cultural aspects of the Philippine heritage
5. Attain a rational and orderly balance between population and resource, use
6. Improve the utilization of renewable and non-renewable resources
Goal

A. Recognize, discharge and fulfil the responsibilities of each generation

as trustee and guardian of the environment for succeeding generations
B. Assure the people of a safe, decent, healthful, productive and
aesthetic environment
C. Encourage 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
D. Preserve important historic and cultural aspects of the Philippine
heritage
E. Attaining a rational and orderly balance between population and
resource use
F. Improve the utilization of renewable and non-renewable resources
Rights and obligations

Right
• The Government
recognizes the right of the
people to a healthful
environment
Rights and obligations

Obligation
• It shall be the duty and
responsibility of each
individual to contribute to
the preservation and
enhancement of the
Philippine environment
ENVIRONMENTAL IMPACT STATEMENTS

Founded and based under PD 1151

Declared and established under PD 1586
Environmental Impact Statement

• All agencies and instrumentalities of the

national government, including government-
owned or controlled corporations, as well as
private corporations firms and entities shall
prepare, file and include in every action,
project or undertaking which significantly
affects the quality of the environment a detail
statement on:
1. The environmental impact of the proposed action, project or
undertaking;
2. any adverse environmental effect which cannot be avoided should the
proposal be implemented;
3. alternative to the proposed action;
4. a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and enhancement of
the long-term productivity of the same;
5. whenever a proposal involve the use of depletable or non-renewable
resources, a finding must be made that such use and commitment are
warranted.
Comment of the agency concerned

Comment on the draft environmental impact statement shall be

made by all agencies having jurisdiction over, or special expertise
on, the subject matter involved before an environmental impact
statement be issued by a lead agency within 30 days
P.D. 1586 Establishing an EIS System, including
other environmental management related
measures and for other purposes
EIS under PD 1586

• There is hereby established an 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.
Determination of Lead Agency

• The Minister of Human Settlements or his designated

representative is hereby authorized to name the lead agencies
referred to in Sec. 5 of PD 1151 which shall have jurisdiction to
undertake the preparation of the necessary environmental impact
statements on declared environmentally critical project and
areas.
• All Environmental Impact Statements shall be submitted to the
National Environmental Protection Council for review and
evaluation
Presidential Proclamation of Environmentally
Critical Areas and Projects (Sec. 4)

• The President, on his own initiative or upon recommendation of

the National Environmental Protection Council, by proclamation
declare certain projects, undertakings or areas in the country as
environmentally critical.
• No person, partnership or corporation shall undertake or operate
any such declared environmentally critical project or area without
first securing an ECC issued by the President or his duly authorized
representative
Ministry of Human Settlement shall:

1. Prepare the proper land or water use pattern for said critical
projects or areas;
2. Estbalish ambient environmental quality standards;
3. Develop a program of environmental enhancement or protective
measures against calamituous factors such as earthquake,
floods, water erosion and others;
4. Perform such other functions as may be directed by the
President from time to time
Environmentally Non-Critical Projects

• All other projects, undertaking and areas not declared by the

President as environmentally critical shall be considered as non-
critical and shall not be required to submit an environmental
impact statement.
• The National Environmental Protection Council, thru the Ministry
of Human Settlements may however require non-critical projects
and undertakings to provide environmental safeguards as it may
deem necessary
Management and Financial Assistance

• The Ministry of Human Settlements is hereby authorized to provide

management and financial support to government offices and
instrumentalities placed under its supervision pursuant to this
Decree financed from its existing appropriation or from budgetary
augmentation as the Minister of Human Settlements may deem
necessary.
Rules and Regulations

• The National Environmental Protection Council shall issue the

necessary rules and regulations to implement this Decree. For this
purpose, the National Pollution Control Commission may be
availed of as one of its implementing arms, consistent with the
powers and responsibilities of the National Pollution Control
Commission as provided in P.D. No. 984.
Penalty for Violation

• Any person, corporation or partnership found violating Section 4 of

this Decree, or the terms and conditions in the issuance of the
Environmental Compliance Certificate, or of the standards, rules
and regulations issued by the National Environmental Protection
Council pursuant to this Decree shall be punished by the
suspension or cancellation of his/its certificate or and/or a fine in
an amount not to exceed Fifty Thousand Pesos (P50,000.00) for
every violation thereof, at the discretion of the National
Environmental Protection Council.
IRR FOR THE PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM
(DENR A.O. NO. 2003-30)
Basic Policy and Operating Principles
• a. The EIS System is concerned
primarily with assessing the
direct and indirect impacts of
a project on the biophysical
and human environment and
ensuring that these impacts
are addressed by appropriate
environmental protection and
enhancement measures.
• b. The EIS System aids
proponents in incorporating
environmental considerations
in planning their projects as
well as in determining the
environment’s impact on their
project.
Basic Policy and Operating Principles

• c. Project proponents are • d. The review of the EIS by EMB

responsible for
determining and disclosing
all relevant information
necessary for a
methodical assessment of
the environmental
impacts of their projects;
shall be guided by three general
criteria: (1) that environmental
considerations are integrated into
the overall project planning, (2)
that the assessment is technically
sound and proposed environmental
mitigation measures are effective,
and (3) that social acceptability is
based on informed public
participation;
Basic Policy and Operating Principles

• e. Effective regulatory • f. The social acceptability of a

review of the EIS depends project is a result of
largely on timely, full, and meaningful public
accurate disclosure of participation, which shall be
relevant information by assessed as part of the
project proponents and Environmental Compliance
other stakeholders in the Certificate (ECC) application,
EIA process; based on concerns related to
the project’s environmental
impacts;
 Basic Policy and Operating Principles

• g. The timelines prescribed by this Order, within

which an Environmental Compliance Certificate
must be issued or denied, apply only to processes
and actions within the Environmental Management
Bureau’s (EMB) control and do not include actions
or activities that are the responsibility of the
proponent.
Objective of A.O. No. 2003-30

• to rationalize and
streamline the EIS System
to make it more effective
as a project planning and
management tool
Important Terms
• Certificate, of Non-Coverage - a
certification issued by the EMB
certifying that, based on the
submitted project description,
the project is not covered by the
EIS System and is not required to
secure an ECC
• Co-located projects /
undertakings- projects, or series
of similar projects or a project
subdivided to several phases
and/or stages by the same
proponent, located in contiguous
areas.
• Environment - Surrounding air,
water (both ground and surface),
land, flora, fauna, humans and
their interrelations.
• Environmental Compliance
Certificate (ECC)- document
issued by the DENR/EMB after a
positive review of an ECC
application, certifying that based
on the representations of the
proponent, the proposed project
or undertaking will not cause
significant negative:
environmental impact.
• Environmentally Critical Area
(ECA) - area delineated as
environmentally sensitive such
that significant environmental
impacts are expected if
certain types of proposed
projects or programs are
located, developed or,
implemented in it.
• Environmentally Critical
Project (ECP) - project or
program that has high
potential for significant
negative environmental
impact.
• Environmental Impact Assessment (EIA) • Environmental Impact Assessment
- process that involves evaluating and Consultant - a professional or group of
predicting the likely impacts of a professionals commissioned by the
project (including cumulative impacts) proponent to prepare the EIS/IEE and
on the environment during other related documents. In some
construction, commissioning, operation cases, the person or group referred to
and abandonment. It also includes may be the proponent's technical staff
designing appropriate preventive,
mitigating and enhancement measures
addressing these consequences to
protect the environment and the
community's welfare. The process is
undertaken by, among others, the
project proponent and/or EIA
Consultant, EMB, a Review Committee,
affected communities and other
stakeholders.
Scope of the EIS System

• 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.
• 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.
Two Factors Considered

• 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.
Criteria for determining projects or
undertakings to be covered by the EIS System
• Characteristics of the project or undertaking
• Size of the project
• Cumulative nature impacts
• Use of natural resources
• Location of the Project
• Vulnerability of the project to disturbance
• Conformity of the proposed projects to existing land use, zoning, laws and
regulations
• Relative abundance, quality and regenerative capacity of natural resources
• Nature of the potential impact
• Geographic extent of the impact and size of affected populations
• Magnitude and complexity of the impact
Categories of projects/undertakings under the 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 (ECA's)
• 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.
FORMS AND CONTENTS OF ENVIRONMENTAL IMPACT
ASSESSMENT STUDY REPORT AND OTHER
DOCUMENTS REQUIRED UNDER THE EIS SYSTEM
• Environmental Impact Statement
• Initial Environmental Examination Report
• Programmatic Environmental Impact Statement
• Programmatic Environmental Performance Report and Management
Plan
• Environmental Performance Report and Management Plan
• Project Description
• EMS-based EMP