, 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regul;tr Session 
) 
) 
) 
SENATE 
S.B:N~. 684 
Introduced by Senator LOREN LEGARDA 
EXPLANATORY NOTE 
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JUL _" 
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Article II Section 16 of the Constitution provides that 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. This policy has long been integrated 
into the planning of projects with the enactment of PD 1151 otherwise known as 
the Philippine Environmental Policy of 1977. In the following year, PD 1586 
established the EnvironTI:\ental Impact Statement System (BISS) with the end in 
view of ensuring that the exigencies of socio-economic undertakings can be 
reconciled with the requirements of environmental quality. 
Three decades thereafter, the EISS has been considered a vital tool of the national 
government in its pursuit of sustainable development. The BISS has become a 
prescribed component in the conceptualization and preparation of any project 
and when properly carried out, the results of an environmental assessment can 
even help improve the project design and mechanics of implementation that 
places premium on the need to protect our environment and natural resources 
from possible abuse and exploitation by project proponents. In fact, the 
Environmental Compliance Certificate (ECC) which the Department of 
Environment and Natural Resource through the Environment Management 
Bureau is mandated to issue - which makes sure that all possible adverse impacts 
of a project 'have been fully foreseen, addressed and contingencies made in 
consideration thereof - has become a powerful instrument through which the 
government can effectively enforce the existing environmental laws. 
A joint report undertaken by the World Bank and the Asian Development Bank, 
while underscoring the importance of the BISS as a tool to achieve sustainable 
development, identified the gaps and weakness in the current BISS. It was found 
out that while the BISS was applicable to a wide range of business activities, 
majority of these are only small to medium-scale enterprises. The role of the local 
government units in the implementation of the BISS was also limited. 
Furthermore, "more attention is paid on the procedural rather than on the 
technical aspects, resulting in generally poor quality environmental assessment 
characterized by voluminous reports and lack of focus and depth of analysis on 
critical issues and impacts." Lastly, the BISS overlaps with other existing laws as 
the "EISS tends to incorporate requirements of laws that are already handled by 
other agencies." Other concerns which also need to be reviewed within the I 
purview of the EISS include the lack of professional regulation on preparers, lack 
of deterrents to violations, lack of an integrated approach for project clusters and 
weak or no financial guarantees for environmental rehabilitation and reparation 


for injuries to communities and its residents. 
This bill seeks to address the above issues on the implementation of EISS and 
strengthen the Philippine environmental assessment law. It provides for the 
institution of a Programmatic Environmental Impact Assessment (EIA) System to 
assess the cumulative effects of several activities taken together. It mandates the 
mainstreaming of EIA in National Policy Formulation to integrate environmental 
considerations into the planning of policies and programs. It strengthens public 
participation and social acceptability requirements to empower communities as 
active stakeholders who shall partake in the decision-making process. It provides 
penalties and remedies for violations and non-compliance. It creates the National 
Environmental Protection Commission, which shall be the lead agency in the 
conduct of EIA and issuance of ECCs. 
With the advent of more advanced techniques and highly sophisticated 
technologies, and with the onslaught of more devastating natural calamities and 
disasters, it is only fitting that the Philippine government exert tremendous effort 
to be able to respond to the demands of the changing times. Strengthening the 
EISS will be a significant step towards intensifying our collective resolve to 
protect the environment and pursue equitable and sustainable development in 
the next years. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
~~ 
Senator 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN ATE 
S.B.No. 684 
Introduced by Senator LOREN LEGARDA 
AN ACT TO ENHANCE 
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'13 
JUL -9 P.9 :]4 
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I 
THE PHILIPPINE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) SYSTEM, 
TO STRENGTHEN PUBLIC PARTICIPATION THEREIN, 
AND FOR RELATED PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Environmental Impact 
2 
Assessment Act of 2013." 
3 
4 
SECTION 2. Declaration of Policy. - It is the policy of the State to adhere to the 
5 
principle of sustainable development where economic growth is pursued with concern 
6 
and consideration for the protection of the environment and natural resources for 
7 
present and future generations. The State shall, at all times, promote a balanced and 
8 
healthful ecology through the adoption of measures that determine the adverse 
9 
environmental impacts of economic undertakings and prescribe appropriate schemes 
10 
and regulations to avoid and mitigate the same. In the implementation of this policy, 
11 
the State shall be guided by the following principles: 
12 
13 
(a) Fulfillment of the responsibilities of each generation as trustee of the environment 
14 
for the succeeding generations; 
15 
16 
(b) Protection and upliftment of the quality of life of all Filipinos, recognizing that such 
17 
quality of life is intimately related to the quality of their natural environment; 
18 
19 
(c) Assurance for all Filipinos of an environment that is safe, healthful, and productive; 
20 
21 
(d) Attainment of the widest range of beneficial uses of the environment without 
1 


I 
degradation of its integrity, sustainability or creation of risk to the health, safety, and 
2 
livelihood of persons and local communities; 
3 
4 
(e) Preservation of important historic, cultural, and natural aspects of our national 
5 
patrimony; and 
6 
7 
(f) Promotion of public participation in decision-making, including project planning 
8 
and policy formulation, pursuant to the internationally-recognized rights of people to 
9 
information and self-determination. 
10 
11 
SECTION 3. Aids to Construction. - This Act shall be construed taking the 
12 
following into consideration: 
13 
14 
(a) The environment is a resource not only for present but for future generations; and 
15 
(b) Marginalized communities and vulnerable sectors will always be disadvantaged in 
16 
formal legal processes. 
17 
18 
SECTION 4. Definition of Terns. -- For purposes of this Act, the following shall 
19 
be defined as stated below: 
20 
21 
a) "Certificate of Non-Coverage" (CNC) refers to the document issued by the Commission 
22 
or its duly authorized representative certifying that the proposed project or undertaking 
23 
does not fall within the category of critical projects that require the issuance of an 
24 
Environmental Compliance Certificate prior to project implementation and operation; 
25 
26 
b) "Co-located Projects " are projects, or a series of similar projects or undertakings, 
27 
located in a contiguous area, or a project subdivided into several phases and/ or stages; 
28 
29 
c) "Commission" refers to the National Environmental Protection Commission; 
30 
31 
d) "Critical Project" refers to any project or activity that has a high potential to create an 
32 
adverse impact on the environment, or to the safety and health of persons and their 
33 
quality of life; 
34 
35 
e) "Environmental Compliance Certificate" (ECC) refers to the document issued by the 
36 
President of the Philippines or his duly authorized representative, certifying that the 
2 


1 
project under consideration will not bring about unacceptable environmental impacts 
2 
and that the proponent has complied with the requirements of the Environmental 
I 
3 
Impact Assessment System; 
4 
5 
f) "Environmentally Critical Areas" (ECA) refer to all declared protected areas, including 
6 
but not limited to those declared under Republic Act No. 7586 (National Integrated 
7 
Areas System Act of 1992) and other areas which are ecologically important or 
8 
especially sensitive to degradation, such as watersheds, fish sanctuaries, etc.; 
9 
10 
g) "Environmentally Critical Projects" 
(ECP) refer to all projects declared as 
11 
environmentally critical, or those which· have high potential for creating adverse 
12 
impacts on the environment as well as to the safety and health of persons and their 
13 
quality of life, due to the nature of the project and the activities to be done pursuant to 
14 
its implementation; 
15 
16 
h)" Environmental Impact Assessment " (EIA) refers to the processes of identifying, 
17 
forecasting and evaluating the future state of the environment as a consequence of a 
18 
particular activity and with reference to a comparative assessment of the environment's 
19 
future state without the activity; 
20 
21 
i) "Environmental Impact Assessment Report" refers to the documentation of the process 
22 
undergone by a project to assess it environmental impacts and includes documentary 
23 
requirements as determined according to the nature or type of project being proposed; 
24 
25 
j) "Environmental Impact Statement" (EIS) refers to the documentation of the studies on 
26 
the environmental impact of a project including a discussion of the direct and indirect 
27 
consequences upon human welfare and ecological and environmental integrity. The EIS 
28 
may vary from project to project but shall in every case contain all relevant 
29 
environmental information and details about the project; 
30 
31 
k)" Free and Prior Informed Consent" (FPIC) as used in this Act shall mean the consensus 
32 
of all members of the affected communities to the implementation of a proposed project 
33 
that is undergoing environmental assessment, said consent which must be given freely, 
34 
without badges of fraud, manipulation, interference or coercion, and obtained after 
35 
fully disclosing the intent and scope of the project, in a language and process 
36 
understandable to the community affected; 
3 


I 
2 
1) 
II Policy and Programmatic Environmental Impact Assessment" refers to the process 
3 
of review and evaluation by the Commission of projects on contiguous areas, 
4 
where the focus of the review process is the carrying capacity of the area with 
5 
respect to the projects to be sited there and on the applicability and 
6 
appropriateness of the proposed management program; 
7 
8 
m) "Project" means activities induding actions, programs; or undertakings, regardless 
9 
of magnitude, which may have significant impact on the e~vironment; 
IOn) "Principal Investor" means any person, whether natural or juridical, or of Filipino or 
11 
foreign citizenship or registration, which owns at least a thirty percent (30%) equity in 
12 
the paid-in capital stock of the proponent firm; 
13 
0) "Proponent" refers to persons, whether natural or juridical, owners/agents, 
14 
organizations, or other entities who are planning, proposing or otherwise undertaking a 
15 
project, program or policy, induding government agencies, government-owned and 
16 
controlled corporations, as well as Local Government Units; 
17 
p) "Public Participation" means an open, transparent, gender-sensitive, fair, truthful, and 
18 
community-based process consisting of one or several activities where the primary 
19 
objective is to provide a venue where relevant issues concerning the project and its 
20 
effects on the environment - induding on the health of persons and communities and 
21 
their quality of life - are to be presented and discussed by all stakeholders, at all 
22 
relevant stages of project implementation including project planning and development, 
23 
and post-assessment monitoring; 
24 
q) "Social Acceptability" refers to the acceptance of a projected by the affected 
25 
communities based on timely and informed participation in the assessment process 
26 
with particular regard to environmental impacts that concern them; 
27 
r) "Social Acceptability Report" refers to the documentation of the process, which is to be 
28 
based on public participation, undertaken to secure the consent of the affected 
29 
communities to the project, whether or not s,uch consent is actually secured; 
30 
s) "Stakeholders" includes all persons or entities who may be significantly affected by the 
31 
project or undertaking, whether directly or indirectly. 
32 
33 
CHAPTER 2 
34 
ENVIRONMENTAL IMP ACT ASSESSMENT (EIA) SYSTEM 
35 
36 
SECTION 5. Environmental Impact Assessment (EIA) System. - The EIA System 
4 


1 
is intended to identify, forecast, and evaluate the adverse effects on the environment 
2 
and the community of a proposed project as a result of its implementation. All persons, 
3 
whether natural or juridical, as well as entities including government-owned or 
4 
controlled corporations and local government units intending to implement any project 
5 
which may have adverse impacts on the environment shall undertake an 
6 
Environmental Impact Assessment (EIA) to disclose the potential impacts of the 
7 
proposed project or activity for public review. The EIA shall be integrated into the 
8 
planning process and shall require public participation as described in Section 17 of this 
9 
Act. The assessment process should result·in the production of an EIA Report, which 
10 
shall disclose all findings and contain all requirements, including but not limited to the 
11 
Free and Prior Informed Consent document, a list of applicable national and local 
12 
environmental laws and ordinances, and others as provided in Sections 11 and 30 of this 
13 
Act. 
14 
15 
SECTION 6. Coverage. - The EIA System shall apply to all projects planned or 
16 
proposed by any individual, organization or instrumentality including government-
17 
owned or controlled corporations, which can potentially have adverse effects on the 
18 
environment, including the health of persons, as classified under Section 7 of this Act. 
19 
20 
SECTION 7. Taxonomy and Guidelines of Appraisal. - To enable the 
21 
Commission to effectively pursue the intent and purpose of the EIA System, a technical 
22 
classification and evaluation scheme shall prescribe the necessary requirements for the 
23 
issuance of ECCs in favor of proposed activities and projects. The primary aim of the 
I 
24 
scheme is to guide the determination of the nature or characteristics of a proposed 
25 
project and its potential to create adverse impact on environmental resources in the 
26 
project area. 
27 
28 
For the purpose of these rules and regulations, projects may be classified as either 
29 
covered or not covered by the EIA System and as such shall be treated accordingly in 
30 
the approval of the projects. 
31 
32 
The Commission may issue additional guidelines for project classification and 
33 
evaluation in keeping with applicable laws and rules. The various project categories 
34 
and classifications under these rules shall be as follows: 
35 
36 
1. Type A. Environmentally Critical Projects (ECPs); 
5 


1 
2. Type B. Projects located in Environmentally Critical Areas (ECAs) tending to 
2 
cause adverse environmental impacts; 
3 
3. Type C. Projects not falling in any of the aforementioned categories but may 
4 
have significant or adverse environmental impacts; 
5 
4. Type D. Projects projected to create positive impact on the environment; 
6 
5. Type E. Exempted Projects. 
7 
8 
The Commission shall issue further rules and regulations as may be necessary to 
9 
effectively implement the intent and purpose of this section. 
10 
11 
SECTION 8. Review of Classification of projects and Categories of Assessment. 
12 
- The Commission shall review and update the current classification of programs and 
13 
projects within the coverage of the System to mitigate hazards to public health and 
14 
welfare; Provided, that the Commission shall factor in all information on potential 
15 
adverse environmental impacts of the proposed programs and projects in the 
16 
formulation of additional classification schemes for coverage and/ or non-coverage. 
17 
18 
SECTION 9. EIA Reportorial System. - If a project is considered an ECP or a 
19 
Type A project, the proponent shall be required to prepare an Environmental Impact 
20 
Statement (ElS). 
21 
22 
If the project is not considered an ECP but is located within an ECA or a Type B project, 
23 
the proponent shall be required to submit an Initial Environmental Evaluation (IEE), 
24 
without prejudice to the submission of an ElS or any part thereof as may be further 
25 
required by the Commission upon review of the IEE. At its option, a proponent of Type 
26 
B project may submit an ElS instead of an IEE, pursuant to guidelines to be 
27 
promulgated by the Commission. 
28 
29 
If a project is falls under Type C, the proponent shall submit a Project Description to th,e 
30 
Commission. The Commission shall thereafter, and within a reasonable time after 
31 
submission of the Project Description, determine whether the Proponent will be further 
32 
required to submit an ElS or an IEE. The same shall apply to projects designed to create 
33 
positive impacts on the environment (Type D). 
34 
35 
Projects which have already undergone assessment shall undergo a new assessment 
36 
prior to any development or further activity not covered by the first assessment. Such 
6 


1 
development or further activity may be deemed as a separate and distinct project. Co-
2 
located projects shall be required to conduct an EIA that shall consider the cumulative 
3 
environmental impacts of all the project components. A single ECC covering all co-
, 
4 
located projects may be issued for such co-located projects, except where the 
5 
Commission determines that each or any component should be treated as a separate 
6 
and distinct project. 
7 
8 
The Commission shall issue further rules and regulations, including guidelines for the 
9 
determination of exempted projects, as may be necessary to effectively implement the 
10 
intent and purpose of this section. 
11 
12 
SECTION 10. Environmental Impact Statement. -The EIS shall include, but not 
13 
be limited to the following: 
14 
15 
a. Project Description, including data on project location, specifically describing tl}e 
16 
primary and secondary impact zones, project rationale, alternatives, including 
17 
alternative sites or actions, no action alternatives, and project phases; 
.18 
19 
b. Scoping Report; 
20 
21 
c. Social Acceptability Report, detailing the process of public participation, and 
22 
containing the Free and Prior Informed Consent document; 
23 
24 
d. Baseline Environmental Conditions for land, water, air, and people; 
25 
26 
e. Impact Assessment, including a discussion of the impact of the project or undertaking 
27 
on the environment and public health; 
28 
29 
f. Environmental Risk Assessment, when appropriate; 
30 
31 
g. Environmental Management Plan; 
32 
33 
h. Proposals for Environmental Monitoring and Guarantee Funds when required; 
34 
35 
i. List of relevant national and local environmental laws, including but not limited to 
36 
. ordinances and land and water use plans, which require compliance; 
7 


1 
2 
j. Supporting Documents, such as documents on technical and socio-economic data 
3 
used, gathered, or generated; 
4 
5 
k. Accountability Statements of the preparer and the proponent; 
6 
7 
1. For projects located in ancestral lands or domains, as defined or to be defined by law, 
8 
of indigenous communities, a specific chapter on the socio-economic impact assessment 
9 
shall be devoted to a discussion of indigenous peoples' concerns and possible socio-
10 
economic, political and cultural impacts of the proposed project on such people; 
11 
12 
m. For projects or undertakings with significant impact on women, a specific chapter in 
13 
the socio-economic impact assessment shall be devoted to a discussion and 
14 
consideration of gender issues; and 
15 
16 
n. For projects or undertakings with significant impact on population, a specific chapter 
17 
on the socio-economic impact assessment shall be devoted to a discussion of the 
18 
relationship among population, development, and the environment. 
19 
20 
The Commission shall promulgate the rules and regulations necessary to effectively 
21 
implement the procedure by which an EIS is required, produced and assessed. 
22 
23 
SECTION 11. Initial Environmental Examination. - The lEE shall include, but 
24 
not be limited to the following: 
25 
26 
a. a full description of the enviromnental setting and receiving environment, including 
27 
the primary and secondary impact areas; 
28 
b. a brief.description of the project or undertaking and its process of operation; 
29 
c. a brief description of the environmental impact of the project or undertaking, 
30 
including its socio-economic impact; 
31 
d. the Social Acceptability Report, detailing the process of public participation, and 
32 
containing the Free and Prior Informed Consent document; 
33 
e. a matrix of mitigation and enhancement measures; 
34 
f. a documentation of the consultative process undertaken, when appropriate; 
35 
g. a list of relevant national and local environmental laws, including but not limited to 
36 
ordinances, land and water use plans, and declarations on the protected or critical 
8 


I 
nature of the area where the project is located, which require compliance; 
2 
h. a brief discussion of indigenous peoples' concerns and possible socio -economic, 
3 
political and cultural impacts of the proposed project or undertaking on such people for 
4 
projects or undertakings located in ancestral lands or domains, as defined or to be 
5 
defined by law, of indigenous communities; 
6 
i. a brief discussion of gender issues for projects or undertakings with significant impact 
7 
on women; 
8 
j. a brief discussion of the relationship among population, development, and the 
9 
environment for projects or undertakings with significant impact on population; and 
10 
k. Accountability Statements of the preparer and the proponent. 
11 
I 
12 
The Commission shall promulgate the rules and regulations necessary to effectively 
13 
implement the procedure by which an IEE is required, produced and assessed. After 
14 
due appraisal of the IEE, the Commission shall decide to either deny or issue an ECC or 
15 
to further require the proponent to produce an EI5, or any part thereof as it may deem 
16 
necessary. In all cases, the proponent shall be notified by the Commission of its action 
17 
within a reasonable amount of time. 
18 
19 
SECTION 12. Environmental Compliance Certificate (ECC). - An ECC shall 
20 
issue only after favorable evaluation by the Commission of the pertinent environmental 
21 
impact report, whether such is in the form of an EIS or an IEE, within a reasonable time. 
22 
23 
No program or project shall be implemented absent an ECe. In evaluating 
24 
environmental impact reports, the Commission may seek the assistance of other 
25 
government agencies and concerned stakeholders, but in all cases shall be the lead 
26 
agency in such evaluation. In every case, an ECC shall be issued subject to conditions 
27 
set forth by the Commission, the non-fulfillment or violation of which shall be grounds 
28 
for revocation of the ECC and administrative, civil, or criminal charges. 
29 
30 
SECTION 13. Local Monitoring Bodies. - Local Monitoring Bodies shall be 
31 
organized by the Commission consisting of representatives from the regional or local 
32 
office of the Commission, the Local Government Unit having jurisdiction, local 
33 
communities and stakeholders, that shall monitor the compliance of a project or projects 
34 
to the terms and conditions set forth in the ECC or CNe. 
35 
36 
9 


1 
2 
3 
CHAPTER 3 
4 
PROGRAMMATIC ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM 
5 
6 
7 
SECTION 14. Mainstreaming EIA in National Policy Formulation. - Cognizant 
8 
of the need to ensure the formulation of policies, programs, and plans founded upon 
9 
sound environmental considerations and the principles of sustainable development, it is 
10 
hereby declared the policy of the State to systematically integrate the concepts and 
11 
processes of environmental impact assessment in the various phases of policy 
12 
formulation by all national agencies and instrumentalities of government. The 
13 
Commission shall, within a reasonable period from the effectivity of this Act, formulate 
14 
and publish guidelines for identifying, appraising and addressing potential 
15 
environmental impacts of national policies in order to incorporate environmental 
16 
safeguards into the development process. 
17 
18 
There shall be a regular review of such guidelines considering relevant information and 
19 
best practices in order to enhance the quality of the EIA as a policy and planning tool. 
20 
21 
SECTION 15. Policy and Programmatic EIA. - Policy and Programmatic EIA 
22 
shall be required by the Commission for proposed policies, programs and plans, when; 
23 
24 
(a) the proposal pertains to, but not be limited to: agriculture, forestry, fisheries, energy, 
25 
health, manufacturing, resource exploration and extraction, infrastructure, transport, 
26 
waste management, water management, telecommunications, tourism, coastal zone 
27 
management, national, regional, provincial and' municipal / city development planning 
28 
or land use; 
29 
30 
(b) the implementation of the proposal may pose significant environmental risks or 
31 
result in adverse or doubtful effects on the environment, including the health of 
32 
individuals or communities; 
33 
34 
(c) the proposal consists of several components or a cluster of projects co-located in a 
35 
similar area such as an industrial estate or export processing zone. 
36 
10 


1 
SECTION 16. Relationship with the Per Project EIA System. - As such policy 
2 
and planning tool, the Policy and Progranunatic EIA is intended to strengthen and 
3 
support, and not to replace the per project EIA System. Projects included in policies, 
4 
programs, or pl<lns that have undergone Policy and Programmatic ErA, shall not be 
5 
automatically exempted from the per project ErA System. 
6 
Chapter 4 
7 
FREE AND PRIOR INFORMED CONSENT 
8 
9 
SECTION 17. Free and Prior Informed Consent. - It is hereby declared to be the 
10 
policy of the State to ensure the direct and meaningful participation of affected 
11 
communities and sectors in the approval of policies, programs and projects with 
12 
possible adverse impacts on the environment. The social acceptability of the project, in 
13 
the form of the free and prior informed consent of affected persons or communities, 
14 
shall be a condition precedent for the approval of any program or project. Toward this 
15 
end, proponents of projects shall, at all times, be required to conduct scoping sessions 
16 
and submit to public consultations. 
17 
18 
A. Nature and Purpose of Public Consultations and Scoping Processes 
19 
20 
It is hereby declared that the environmental assessment process, including the public 
21 
consultation and scoping procedures, are not conducted for the purpose of encouraging 
22 
or soliciting the concerned conununities' approval of or support for the project being 
23 
discussed, but as a fair, truthful, and comprehensive forum where all parties may 
24 
present relevant issues concerning the project and its perceived significant effects on the 
25 
environment, including the health of persons and communities and their quality of life. 
26 
It shall be incumbent upon project proponents and representatives from local 
27 
government units and other government agencies and Commissions with jurisdiction 
28 
over the project, to present all relevant data and aspects of the project that may affect 
29 
the conununity, whether positively or adversely. Such data shall be complete, accurate, 
30 
and unbiased. Within six (6) months from the effectivity of this Act, the Commission 
31 
shall promulgate implementing rules and regulations to ensure the objectivity of the 
32 
conduct of the EIA and the truthfulness of all presentations and representations made 
33 
therein by all parties thereto. These rules shall also provide for penalties where parties, 
34 
including representatives from local government units and other government agencies 
35 
and Conunissions with jurisdiction over the project, fail to comply with the duties and 
36 
responsibilities vested upon them by this Section. 
11 


1 
2 
B. Conduct of Scoping 
3 
4 
Scoping shall be initiated by the proponent at the earliest possible stage of project 
5 
planning, to determine the range of actions, alternatives and impacts to be examined in 
6 
the EIA process. The objectives of the scoping shall be to: 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
a. provide an early link between the Commission and the proponent to ensure 
that the EIA addresses relevant issues and presents results in a form consistent with 
EIA review requirementsi 
b. allow stakeholders to make their concerns known to ensure that the EIA 
adequately addresses relevant issuesi 
c. establish an agreement at the outset of the EIA between the proponent, the 
DENR and stakeholders on what issues and alternatives are to be examinedi 
d. address issues on carrying or assimilative capacity of the environment and 
identify possible legal constraints or requirements regarding the project proposali 
e. determine whether the project or undertaking requires the conduct of an 
environmental risk assessmenti and 
, 
f. determine and agree on the process of dealing with issues relating to social 
acceptability. 
Based on the scoping process, the proponent shall submit a formal scoping report to the 
Commission. The scoping process shall be conducted in a language and manner that is 
understandable to the community concerned, and the proceedings shall be duly 
recorded. The record of the proceedings shall be attached to the formal scoping report. 
27 
The Commission shall review the scoping report submitted by the proponent and after 
28 
consultation with the latter as well as the affected community, determine the actual 
29 
scope of the EIS. In determining the scope of the EIS, the Commission shall take into 
30 
account the concerns of and the recommendations of stakeholders. 
31 
32 
C. Public Consultations 
33 
34 
After scoping and the submission of the formal scoping report, a series of public 
35 
consultations shall be initiated by the Commission to determine the social acceptability 
36 
of the project. For this purpose, a multi-sectoral committee shall be created for the 
12 


-----------
1 
project to assist the Commission in ensuring that the requisite consent of affected 
2 
persons or communities is obtained consistent with the guidelines issued for such 
3 
purpose. 
4 
5 
Whenever a public consultation is to be conducted, notice thereof shall be published 
6 
once a week for three (3) consecutive weeks in any newspaper of general circulation at 
7 
least thirty (30) calendar days prior to the consultations. Notices shall likewise be 
8 
posted in three (3) conspicuous places in the municipality or barangay where the project 
9 
is to be located. All expenses incurred relating to the notices shall be borne by the 
10 
project proponent. The Commission may seek comments and recommendations, in 
11 
writing, of other government agencies and stakeholders with expertise over the 
12 
proposed project and the possible impacts that may be generated. 
13 
14 
D. Social Acceptability Report 
15 
16 
The proceedings in the public consultations shall be summary in character and need not 
17 
strictly adhere to the technical rules of evidence and procedure. Information on the 
18 
proposed projects, including environment impacts, shall be disseminated or presented 
19 
in a manner and language understandable to the community. The proceedings shall be 
20 
duly recorded, with such record being attached to the Social Acceptability Report that 
21 
shall be rendered by the hearing officers designated by the Commission within fifteen 
22 
(15) working days from the termination of the consultations. The Social Acceptability 
23 
Report shall be part of the documentary requirements in the environmental impact 
24 
report, whether in the form of an BIS or an IEE. 
25 
26 
Should the project obtain the free and prior informed consent of the community 
27 
concerned, the document representing the same shall be attached to the Social 
28 
Acceptability Report. The document evidencing the concerned community's free and 
29 
prior informed cons,ent shall be an indispensable requisite for the issuance of an ECC. H 
30 
the community does not give its consent to the project, such shall be so stated in the 
31 
Social Acceptability Report. 
32 
33 
The Commission shall issue necessary guidelines for the proper conduct of 
34 
consultations to obtain the most truthful and accurate expression of people's consent to 
35 
the proposed project. In the conduct of consultations, all parties shall adhere to the 
36 
standards set by the Commission for such purpose. 
13 


1 
Chapter 5 
2 
ACTIONS 
3 
4 
SECTION 18. Jurisdiction of the Court.-
5 
6 
(A) Notwithstanding the provisions of Republic Act No. 8975, a court may issue a 
7 
temporary restraining order or a writ of preliminary injunction against any project 
8 
which shall attempt to operate in violation of any provision of this Act or its 
9 
implementing rules and regulations. 
10 
11 
(B) Where an ECC has already been issued, and a temporary restraining order or writ of 
12 
preliminary injunction issued for violation of the requirements or conditions set therein, 
13 
such ECC shall be automatically suspended, and the proponent subjected to the 
14 
penalties set forth in this Act. 
15 
16 
(C) The temporary restraining order or writ of preliminary injunction as issued by the 
17 
special Environmental Courts shall be enforceable within their territorial jurisdiction. 
18 
19 
20 
SECTION 19. Administrative Action. - Without prejudice to the right of any 
21 
affected person to file any other criminal or civic action, the Commission shall, on its 
22 
own instance or upon verified complaint by any person, institute administrative 
23 
proceedings against any person, who violates any order, rule or regulation issued by 
24 
the Commission with respect to this Act. 
25 
26 
SECTION 20. Citizen Suits. - For purposes of enforcing the provisions of this Act 
27 
or its implementing rules and regulations, any citizen may file an appropriate civil, 
28 
criminal, or administrative action in the proper courts against: 
29 
30 
a) Any person who violates or fails to comply with the provisions of this Act or 
31 
its implementing rules and regulations; 
32 
b) Any person who violates the terms and conditions set forth by the 
33 
Commission in the ECC or CNC; 
34 
c) The Commission or other implementing agencies with respect to orders, rules 
35 
and regulations issued inconsistent with this Act; and/ or 
36 
d) Any public officer who willfUlly or grossly neglects the performance of an act 
14 


--, 
--
I 
especially required as a duty by this Act or its implementing rules and regulations; or 
2 
abuses his authority in the performance of his duty; or, in any manner, improperly 
3 
performs his duties under this Act or its implementing rules and regulations: Provided, 
4 
however, That no suit can be filed until after thirty (30) days from notice given to the 
5 
concerned public officer and the alleged violator or violators, and no appropriate action 
6 
has been taken thereon. 
7 
8 
The court shall exempt such action from the payment of filing fees, including those 
9 
actions not capable of pecuniary estimation, and shall, likewise, upon prima facie 
10 
showing of the non-enforcement or violation complained of, exempt the plaintiff from 
II 
the filing of an injunction bond for the issuance of a preliminary injunction. 
12 
13 
Within thirty (30) days, the court shall make a determination if the complaint filed 
14 
herein is malicious and baseless and shall accordingly dismiss the action and award 
IS 
attorney's fees and damages, as it may seem appropriate. 
16 
SECTION 21. Independence of Action. - The filing of an administrative suit 
17 
against such person or entity does not preclude the right of any other person to file any 
18 
criminal or civil action. Such civil and or criminal action shall proceed independently. 
19 
20 
SECTION 22. Suits and StrategiC Legal Actions Against Public PartiCipation 
21 
and the Enforcement of this Act. - Where a suit is brought against a person who filed an 
22 
action as provided in Section 19 of this Act, or against any person, institution or 
23 
government agency that implements this Act, it shall be the duty of the investigating 
\ 
24 
prosecutor or the court, as the case may be, to immediately make a determination not 
25 
exceeding thirty (30) days, whether such legal action has been filed to harass, vex, exert 
26 
undue pressure, or stifle legal resources of the person complaining or of that enforcing 
27 
the provisions of this Act. In case of such determination, the investigating prosecutor or 
28 
the court shall dismiss the case and award attorney's fees and double damages, as it 
29 
may deem appropriate. 
30 
31 
SECTION 23. Lien upon Personal and Immovable Properties of Violators. -
32 
Fines and penalties imposed pursuant to this Act shall be liens upon personal and 
33 
immovable properties of the violator. Such lien shall, in case of insolvency of the 
34 
respondent violator, enjoy preference subsequent to laborer's wages under Articles 2241 
15 


1 
and 2242 of Republic Act 386 or the New Civil Code of the Philippines. 
2 
3 
SECTION 24. Power to Issue Orders. - The Commission, as the implementing 
4 
agency of this Act, shall, forthwith or within such time as specified in his order, upon its 
5 
own instance or upon verified complaint by any person, require the proponent to 
6 
remedy any practice connected with the implementation of the project or any part or 
7 
activity thereof, which is not in accordance with the provisions of this Act or its 
8 
implementing rules and regulations or any other order, statute, or standard pertaining 
9 
to environmental, safety or health concerns. In case of imminent danger to life or 
10 
property, the Commission may issue a cease-and-desist order and summarily suspend 
11 
the operations and activities until the danger is removed and appropriate measures 
12 
taken by the proponent. 
13 
14 
SECTioN 25. Grounds for Non-issuance or Revocation of an ECC. - An ECC 
15 
shall in no case be issued, or otherwise shall be suspended or revoked by the 
16 
Commission or the Commission as the case may be, for any of the following grounds: 
17 
18 
a) late or non-filing of requirements; 
19 
b) violation of or non-compliance with terms and conditions; 
20 
c) non-payment of taxes or fees; 
21 
d) falsehood or omission of statements and facts in the EIS, lEE, Project Description, or 
22 
any part thereof, or during the conduct of public consultations such as, but not limited 
23 
to, scoping sessions and public hearings; or 
24 
e) showing of loss, injury, or damage to any person as a result of the implementation of 
25 
the project or any part or activity thereof, withouj: need to show bad faith or any degree 
26 
of negligence on the part of the proponent. Such non-issuance, suspension or revocation 
27 
of an ECC shall not prejudice the right of any person to file appropriate administrative, 
28 
civil, or criminal suits as provided in this Act. 
29 
30 
SECTION 26. Cancellation of a CNC. - A CNC, the issuance of which is subject 
31 
to the terms and conditions of this Act, may likewise be cancelled for any of the 
32 
grounds set forth in Section 24 of this Act. Upon determination by the Bureau, such 
33 
project may thereafter be reclassified as a critical project or be required to submit 
34 
further requirements. Where the implementation of the project or any part thereof is 
35 
shown to cause damage, injury, or loss to persons and property, the project and its 
36 
proponents may be subject to the same actions, liabilities and penalties as critic;al 
16 


1 
projects. 
2 
3 
SECTION 27. Strict Liability in Cases of Loss, Injury, or Damage to Persons or 
4 
Property and Award of Damages. - The proponent shall be liable for damages for any 
5 
harm, loss, or injury to persons and property; Provided, That it can be clearly shown 
6 
that the act or omission complained of is in violation or non-compliance of this Act, its 
7 
implementing rules and regulations, or the terms and conditions set forth in the ECC or 
8 
CNC; Provided further, That the showing of a violation or non-compliance to this Act, 
9 
its implementing rules and regulations, or to the terms and conditions of an ECC shall 
10 
be a conclusive presumption of the proponent's fault or negligence. 
11 
12 
SECTION 28. Solidary Liability of Chief Operating or Executive Officer. - The 
13 
separate and distinct legal personality of the proponent firm notwithstanding, the 
14 
president, director chief operating officer, chief executive officer, and principal 
15 
investors of the proponent firm shall be jointly and severally liable for any financial 
16 
liability or award of damages made by the Court under the preceding section. The same 
17 
shall apply to transnational corporations and foreign firms licensed to do business in 
18 
the Philippines. 
19 
20 
21 
22 
CHAPTER 7 
PENALTIES 
23 
SECTION 29. Operation without a Required ECC. - Any critical project which 
24 
shall operate without the required ECC shall face closure, suspension of development 
25 
or construction or cessation of operations until such time that proper environmental 
26 
safeguards are put in place and the necessary ECC has been issued; Provided, that the 
27 
project proponent shall be fined an amount equivalent to two hundred percent (200%) 
28 
of its authorized capital stock or, in the case of an individual, two hundred percent 
29 
(200%) of its net worth, or four hundred percent (400%) of its gross profit, whichever is 
30 
higher; Provided, That the chief operating or executive officer of the proponent £jrm shall 
31 
be held criminally liable and be imprisoned for a period not less than five (5) years but 
32 
not more than ten (10) years at the discretion of the court, and shall be jointly and 
33 
severally liable for actual, moral, or exemplary damages with the proponent firm, its 
34 
president and the principal investors, as may be found by the court. 
35 
36 
SECTION 30. Violations of Terms and Conditions of the ECC. - Any project 
17 


1 
proponent found in violation of the terms and conditions set forth in the ECC shall face 
2 
closure, suspension of development or construction or cessation of operations; 
3 
Provided, that the project proponent shall be fined an amount equivalent to 200% of its 
4 
authorized capital stock or, in the case of an individual, of its net worth, or 400% of its 
5 
gross profit, whichever is higher; Provided further, That the chief operating or executive 
6 
officer of the proponent firm shall be held criminally liable and be imprisoned for a 
7 
period not less than five (5) years but not more than ten (10) years at the discretion of 
8 
the court, and shall be jointly and severally liable for actual, moral, or exemplal\y 
9 
damages with the proponent firm, and the principal investors, as may be found by the 
10 
court. 
11 
12 
SECTION 31. False statements or representation. - Any project proponent who 
13 
is found to have knowingly and willfully made a false representation or an untruthful 
14 
or incomplete presentation of material or relevant facts and findings to the Government 
15 
or to the public in contravention of Section 16, shall be fined a minimum of Fifty 
16 
Thousand Pesos (Php50,000.00) but not more than One Hundred Thousand Pesos 
17 
(Php100,000.00), upon the discretion of the Commission, for every fact falsely 
18 
represented or stated. In cases where harm, loss, or injury be sustained by the 
19 
community or any of its members as a result of a false representation or statement, 
20 
whether or not made knowingly or willfully, the proponent shall be fined a minimum 
21 
of Two Hundred Fifty Thousand Pesos (Php250,000.00) to a maximum of ten percent 
22 
(10%) of the project cost or Five Hundred Thousand Pesos (Php500,000.00), depending 
23 
upbn the nature and degree of the loss, injury, or damage sustained, whichever is 
24 
higher, to be imposed at the discretion of the Commission, and without prejudice to the 
25 
filing of administrative, civil, or criminal charges. 
26 
27 
SECTION 32. Violations by Public Officials of the Duties Reposed by this Act. -
28 
Any government official tasked with the implementation of the Act or any of its 
29 
components who fails to enforce the provisions of this Section shall be charged 
30 
administratively and, if found guilty pursuant to Section 19, be subject either to 
31 
suspension from office for a minimum period of one (1) year without pay, or to 
32 
separation from service without benefits, subject to existing civil service laws. 
33 
34 
Furthermore, the said violator shall be held criminally liable and be imprisoned for a 
35 
period not less than two (2) years but not more than five (5) years, at the discretion of 
36 
the Court. 
18 


I 
2 
SECTION 33. Financial Guarantees for Environmental Rehabilitation and 
3 
Injuries to Communities. - The Commission shall establish a mechanism that 
4 
systematically addresses the need for clean-up and rehabilitation of areas damaged as a 
5 
result of the implementation of projects taking into consideration the resources required 
6 
to undertake the rehabilitation activities, as well as to ensure just and timely 
7 
compensation for any adverse effect which project or program implementation may 
8 
directly or indirectly cause to the environment or the community. For these purposes, 
9 
the program and project proponents shall be required to put up a guarantee fund 
10 
and/or any other trust, insurance, or financial mechanism as the Commission may 
II 
deem appropriate; Provided, That, the guarantee fund or funds shall be utilized for 
12 
damage caused during any stage of project implementation and even during after the 
13 
termination of the project or program. Provided further, That the establishment of such 
14 
funds shall not exempt the proponents from civil or criminal liability for violations of 
15 
this Act, its implementing rules and regulations, or the terms and conditions imposed 
16 
upon them by the Commission. 
17 
18 
SECTION 34. Environmental Guarantee Fund. All initiatives that are classified 
19 
as environmentally-critical projects in accordance with existing laws shall be required to 
20 
set up an environmental guarantee fund which shall comprise of three parts: (1) a 
21 
multisectoral fund allocated expressly for environmental monitoring by a multiparty 
22 
monitoring team: (2) a trust fund set aside for damage compensation to aggrieved 
23 
parties, and to finance environmental restoration and the rehabilitation of 
24 
environmental quality caused by project operations; and (3) a cash fund to be used by 
25 
companies in implementing environmental projects. The fund shall be managed by a 
26 
multi-sectoral group made up of community and local government representatives, the 
27 
regional representative of the national agency mandated with environmental 
28 
management, and industry representatives. 
29 
CHAPTER 7 
30 
IMPLEMENTATION MECHANISM AND RESPONSIBILITIES 
31 
32 
SECTION 35. National Environmental Protection Commission (NEPC). - To 
19 


1 
carry out the policies herein set forth, there shall be created the National Environmental 
2 
Protection Commission, which shall be the primary government agency responsible for 
3 
the implementation of this Act and the formulation of its implementing rules and 
4 
regulations. It shall also be the lead agency in the conduct of environmental impact 
5 
assessments and issuance of ECCs. 
6 
, 
7 
SECTION 36. Mandate. - THE NEPC shall protect and promote the people's 
8 
right to a healthful environment and at all times shall be guided by the principles of 
9 
sustainable development and meaningful public participation in the decision-making 
10 
process. It shall be an independent agency under the Office of the President. In no 
11 
instance may the NEPC be put under the supervision or control of the DENR. 
12 
13 
SECTION 37. Composition. - The NEPC shall be composed of three (3) 
14 
Commissioners, one of whom shall be the Chairperson. The Board of Commissioners 
15 
shall be comprised in this wise: one (1) Commissioners shall come from the scientific 
16 
community with expertise in natural resource management and conservation of aquatic 
17 
ecosystems and biodiversity; one (1) Commissioner shall come from the scientific 
18 
community' with expertise in natural resource management and conservation of 
19 
terrestrial ecosystems and biodiversity; and one (1) Commissioner shall be a member of 
20 
the Philippine bar in the practice of environmental law; Provided, That at least one 
21 
Commissioner shall be female. 
22 
23 
The Commissioners shall be appointed by the President of the Philippines from a 
24 
pool of recommendees from the communities or sectors to be represented by each 
25 
Commissioner. 
26 
27 
SECTION 38. Qualifications, Tenure, Compensation. - The Chairperson and the 
28 
two (2) Commissioners must be natural born Filipino citizens, are at least 35 years of 
29 
age at the time of appointment, with at least (10) years experience in their field of 
30 
expertise, and must be of proven honesty and integrity; Provided, That the 
31 
Commissioners shall hold office for a period of three (3) years, and may be subject to re-
32 
appointment for another term. Provided further, That no person shall serve for more than 
33 
two (2) consecutive terms and that in case of a vacancy, the new appointee must fully 
34 
meet the qualifications of a Commissioner and hold office for a full term and in no case 
35 
shall a member be appointed or designated in a temporary or acting capacity. The 
36 
Chairperson and the Commissioners shall be entitled to compensation in accordance 
20 


1 
with the Salary Standardization Law. 
2 
3 
SECTION 39. Removal from Office.- Any member of the NEPC may be removed 
4 
from office by the President or upon conviction or final decision in an administrative or 
5 
criminal proceeding. 
6 
a verified complaint by any adversely affected community, before the expiration of his 
7 
term for cause and after complying with due process requirement of law. 
8 
9 
SECTION 40. Appointment of Commissioners.- The President shall appoint the 
10 
three (3) Commissioners of the NEPC within sixty (60) days from the effectivity of this 
11 
Act. 
12 
SECTION 41. Powers and Functions.- To accomplish its mandate, the NEPC 
13 
shall have the following powers and functions: 
14 
15 
(1) To serve as the primary government agency responsible for the implementation of 
16 
this Act; 
17 
(2) To promulgate rules and regulations necessary for the implementation of this Act; 
18 
(3) To regularly monitor,review, and assess such rules and regulations to ensure that 
19 
these adhere to the policy and objectives of this Act and the mandate of the 
20 
Commission, and submit a yearly report to the President; 
21 
(4) To issue or deny Environmental Compliance Certificates and set terms and 
22 
conditions therein once issued; 
23 
(5) To monitor and require the continued compliance of projects covered by this Act, its 
24 
implementing rules and regulations, or to the terms and conditions of an ECC, and 
25 
penalize persons for violations or noncompliance; 
26 
(6) To recommend possible legislation, policies and programs related to environmental 
27 
assessment; 
28 
(7) To formulate minimum environmental compliance standards; 
29 
(8) To provide technical assistance for the implementation of this Act; 
30 
(9) To gather timely and authoritative information concerning the conditions and trends 
31 
in the quality of the environment both current and prospective, to analyze and interpret 
32 
such information for the purpose of determining whether such conditions and trends 
33 
are interfering, or are likely to interfere, with the achievement of the policy set forth in 
34 
Chapter I of this Act, and to compile and submit to the President studies relating to 
21 


1 
such conditions and trends; 
2 
(10) To assist or supervise the conduct of public consultations and ensure that such are 
3 
carried out according to the policy set forth in Chapter 4 of this Act; 
4 
(11) To conduct public hearings in cases where there is a strong showing of concern by 
5 
the public over a proposed project, policy or program; 
6 
(12) To develop and conduct capability-building modules, training, and other activities 
7 
for the benefit of iinplementers as well as the public to support the effective 
8 
implementation of this Act; and 
9 
(13) To formulate and disseminate information on environmental assessment and 
10 
compliance matters to the general public. 
11 
12 
SECTION 42. Accessibility and Transparency. - Subject to such limitations as 
13 
may be provided by law or by rules and regulations promulgated pursuant thereto, all 
14 
official records, documents and papers pertaining to official acts, transactions or 
15 
decisions, as well as research data used as basis for policy development of the 
16 
Commission shall be made accessible to the public. 
17 
18 
SECTION 43. Offices within the NEPC. - To effectively implement this Act, its 
19 
rules and regulations, and in furtherance of its mandate, the NEPC shall have the 
20 
following offices: 
21 
22 
a) Office of the Secretariat - provides overall supervision of the Agency and is 
23 
responsible directly to the Commissioners; enhances public health and environmental 
24 
protection through effective management of NEPC's human, financial, and physical 
25 
resources. 
26 
27 
b) Office of Enforcement and Compliance Assurance - shall be primarily responsible 
28 
for the enforcement of this Act and its rules and regulations, for the review of 
29 
documentary and other submissions and requirements in relation to the issuance of 
30 
ECCs, and the assurance of compliance by projects to environmental laws and 
31 
regulations, including but not limited to those under this Act. This Office shall submit 
32 
its recommendations to the Commission which shall en banc decide on the issuance or 
33 
non-issuance of ECCs. 
34 
35 
i. Office of Environmental Justice - shall be responsible for community concerns, 
36 
with special attention to indigenous groups, fisherfolk, farmers, women, and other 
22 


1 
sectors within specific affected communities. This Office shall assist in ensuring 
2 
compliance with the Public Participation and Social Acceptability requirements under 
3 
this Act. 
4 
5 
ii. Post-assessment Monitoring Committee - shall be responsible for the 
6 
monitoring of projects and ensuring their compliance to environmental laws and 
7 
regulations after completion of assessment, and to the terms and conditions set forth in 
8 
Environmental Compliance Certificates, if issued. 
9 
10 
c) Office of General Counsel - provides legal service to all organizational elements of 
1) 
the Commission with respect to its programs and activities as well as legal opinions, 
12 
legal counsel, and litigation support. In addition, the Office assists in the formulation of 
13 
the Commission's policies and programs as legal advisor. It shall also provide legal 
14 
assistance to communities affected by violations or noncompliance by persons to this 
15 
Act. 
16 
17 
d) Office of Research and Development - is responsible for the research and 
18 
development needs of the Commission's operating programs, as well as to address 
19 
policy issues. 
20 
21 
e) Office of Public Information and Training - shall be responsible for development 
22 
and dissemination of information and education materials and modules, as well as 
23 
providing capacity building programs for environmental assessment practitioners and 
24 
communities. 
25 
26 
SECTION 44. Other Offices.- The NEPC shall have the power to create other 
27 
offices and sub-offices, including regional or local offices, as it may deem necessary 
28 
subject to existing rules and regulations. 
29 
30 
SECTION 45. Implementing Rules and Regulations. The Commission shall 
31 
promulgate the implementing rules and regulations of this Act within 120 days after 
32 
their appointment. 
33 
34 
SECTION 46. Joint Congressional Oversight Committee. - There is hereby 
35 
created a Joint Congressional Oversight Committee to monitor the implementation of 
36 
the Act. The Committee shall be composed of five (5) Senators and five (5) 
23 


I 
Representatives to be appointed by the Senate President and the Speaker of the House 
2 
of Representatives, respectively. The Oversight Committee shall be co-chaired by a 
3 
Senator and a Representative designated by the Senate President and the Speaker of the 
4 
House of Representatives, respectively. 
5 
6 
7 
8 
9 
CHAPTERS 
CREATION AND LOCALIZED MANAGEMENT OF AN 
EIA ADMINISTRATION FUND 
10 
SECTION 47. Establishment of an EIA Administration Fund. -There is hereby 
11 
created a revolving fund to be known as the EIA Administration Fund to cover for 
12 
administrative expenses, equipment purchases or leases and other program costs 
13 
directly incurred in EIA review, assessment and monitoring. The Fund, which may be 
14 
generated from various sources, shall entitle the donor or grantor thereof to 
15 
corresponding exemption from income or gift taxes and all other related impositions by 
16 
proper government agencies. All income likewise generated from fees, fines and 
17 
penalties directly related to the implementation of the EIA System shall accrue to the 
18 
Fund may be utilized directly by the Commission for the above purpose; Provided, 
19 
That the Corrunission shall prOVide the proper guidelines for the sourcing, utilization 
20 
and proper accounting of such funds; Provided further, That all information regarding 
21 
the Fund, including, but not limited to, its transactions and its status shall be accessible 
22 
to the public at anytime. 
23 
24 
SECTION 4S. Localized Management of EIA Fund. - The Commission shall 
25 
facilitate the creation of corresponding local structures and mechanisms for the 
26 
localized sourcing and management of EIA administration funds. The Commission, 
27 
shall, in consultation and coordination with the DILG and the local government units, 
28 
formulate the necessary guidelines to govern the localized sourcing and management of 
29 
EIAfund. 
30 
31 
SECTION 49. Appropriations. - An amount of One Hundred Million Pesos 
32 
(PlOO,OOO,OOO.OO) shall be appropriated for the initial implementation of this Act. 
33 
34 
35 
36 
CHAPTER 9 
24 


1 
FINAL PROVISIONS 
2 
3 
SECTION 50. Separability Clause. -
Should any provision herein be 
4 
subsequently declared unconstitutional, the same shall not affect the validity or legality 
5 
of the other provisions of this Act. 
6 
7 
SECTION 51. Repealing Clause. - All laws,' orders, circulars, rules and 
8 
regulations, including B.P. 129 and RA. 8975, or any part thereof which are inconsistent 
9 
with the prOVisions of this Act are hereby repealed or amended. 
10 
SECTION 52. Date of Effectivity. - This Act shall take effect fifteen (15) days 
11 
after its publication in the Official Gazette or in two (2) newspapers of general 
12 
circulation. 
13 
14 
Approved. 
15 
25