Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Céngress

First Regular Session

Housé Bill No. 3637

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

The people’s right to a healthful environment is enshrined in the 1987 Philippine Constitution, thus,
in Section 16 of Article II of the Constitution the State is mandated to protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and harmony
of nature,

‘The integration of environmental considerations into the planning of projects was conceived in
Philippine law with the enactment of Presidential Decree No. 1151 or the Philippine Environmental
Poly and institutionalized by the passage of Presidential Decree No. 1586 which established the
Philippine Environmental Impact Assessment (EIA) system, Such policy is now being currently
implemented by the Department of Environment and Natural Resources through its
Administrative Order No. 30 series of 2003,

Issuances and legislation on the Philippine Enviconmental Impact Assessment system might be
piecemeal, butare comprehensive and, in many ways, advanced: going beyond regulation of
industrial pollution and aimed at protecting natural resources, fragile ecosystems and
biodiversity, and rights of local communities.

Despite being advanced and comprehensive, however, the present ELA system in the country
need to addeess several issues that hinder the realization of the policy of a balanced and healthful
ecology. These issues include, among others, (1) lack of capacity or technical expertise, especially
at the local levels, to fully appreciate and implement the EIA system,(2) lack of penal
“consequences for violators, (3) lack of provisions for integrated or “programmatic” EIAs which
ate intended to assess the cumulative effects of several activities taken together and at the earliest
possible time, and (4) lack of institutionalized effective remedial measures in the unfortunate
cases of violations of or non-compliance to rules, terms and conditions of an Environmental
Compliance Certificate.

Tt also bears stressing that for any environmental assessment system to be truly effective, public
participation and social acceptability should be deemed essential and must not be looked at as a
mere concession to communities but as a crucial step in proper project planning and
implementation. If the purpose of environmental impact assessment is to ultimately improve the
quality of decisions, then the participation of the public should be taken by all parties concerned



as a welcome opportunity to exchange relevant, truthful, and accurate information that could
contribute both to the protection of the environment as well as to the success of the project.
“The integration of local knowledge, values and interests can only result in the making of better
decisions, both on the per-project and policy levels, in the short-, medium-, and long-term,

‘This proposed bill aims to address the issues put forth above and to strengthen the Philippine
environmental assessment law. It will consolidate the laws and put the system into a singular
legislative framework with Congressional fiat, provide penalties and remedies for violations and
non-compliance, create an independent national environmental protection body and call for the
development of technical expertise and capacity among implementing agencies, especially at the
local level. Most importantly, it will strengthen public participation and social acceptability
requirements in such a way as to empower communities to fully realize the rights vested upon
them in the BIA System,

In view of the foregoing, immediate approval of this measure is earnestly sought.

es @ we e
mora Tl WALDEN F. BELLO


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“and consideration for the protection of the environment and natural resource

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

3637

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F, Bello

AN ACT
ENHANCING THE PHILIPPINE ENVIRONMENTAL IMPACT
ASSESSMENT SYSTEM, STRENGTHEN PUBLIC PARTICIPATION
THEREIN, AND FOR RELATED PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Title.
Aact of 2013.”

‘This Act shall be known as the “Environmental Impact Assessment

SECTION 2. Declaration of policy—It is the policy of the State to adhere to the

principle of sustainable development where economic growth is pursued with concern

for

present and future generations.

‘The State shall, at all times, promote a balanced and healthful ecology through the
adoption of measures that determine the adverse environmental impacts of economic

undertakings and prescribe appropriate schemes and regulations to avoid and mitigate


1 the same. In the implementation of this policy, the State shall be guided by the following
2 principles:
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4 *(a) Each generation has the responsibility as trustee of the environment for future

5 generations.

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7 (b) The protection and upliftment of the quality of life of all Filipinos is intimately
8 related to the quality of the natural environment.

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10 (c) Filipinos should be assured of a safe, healthful, and productive environment.
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12 (d) The widest range of beneficial uses of the environment can be attained without

13 degradation to it integrity and sustainability, or without risk to the health, safety and
14 livelihood of persons and local communities.

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16 (¢) Historical, cultural and natural aspects of the country’s national patrimony shall be
17 + preserved.

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19 (f) Pursuant to the internationally recognized rights of people to information and self-
20 determination, public pasticipation in decision-making, including project planning
21 and policy formulation, shall be promoted.

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23 SECTION 3. Aids to construction—The provisions of this Act shall be construed
24 and interpreted in a manner consistent with the following principles:

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26 (a) The environment is a resource not only for pre

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nt but also for future generations.

28° (b) Marginalized communities and vulnerable sectors will always be disadvantaged in
29 formal legal processes.

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31 SECTION 4. Definition of terms.—For purposes of this Act, the following terms
32 shall have the following meanings:

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34 (a) “Bureau” refers to the Environmental Management Bureau.


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(b)

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“Cerificate of Now-Coverage?” refers to the document issued by the National
Environmental Protection Commission or its duly-authorized representative
certifying that the proposed project or undertaking does not fall within the category
of critical projects. A project or undertaking covered by Certificate of Non-Coverage
does not requite the issuance of an Environmental Compliance Certificate prior to

project implementation and operation,

“Co-located project?” axe projects, or a series of similar projects or undertakings,

located in a contiguous area, ot a project subdivided into several phases or stages.

“Commission? refers to the National Environmental Protection Commission created

by virtue of this Act.

“Critical project? refers to any project or activity that has a high potential to cteate an

adverse impact on the environment, on the safety and health of persons and on their

quality of life,

“Environmental Compliance Certificate” refers to the document issued by the President

of the Philippines ot his duly authorized representative certifying that the project

under consideration will not bring about unacceptable environmental impact and
that the proponent has complied with all the requirements of the Environmental

Impact Assessment System.

“Environmentally Critical Ared” refers to a declared protected area, including but not
limited to those declared under Republic Act No. 7586, otherwise known as the
National Integrated Protected Arvas System Act of 1992, and other areas which are
ecologically important or specially sensitive to degradation, such as watersheds, fish

sanctuaries, and similar areas.

“Environmentally Critical Projects” refer to all projects declared by the Commission as a

artical project, as the latter is defined in this Section.

“Environmental Impact Assessment? refers to the processes of identifying, forecasting

and evaluating the future state of the environment as a consequence of a particular


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activity and with reference to a comparative assessment of the environments future

state without the activity.

(i) “Environmental Impact Assessment Report? refers to the documentation of the processes
undergone by a project to assess it environmental impacts, and which includes
documentary requirements as determined according to the nature or type of project

being proposed.

(k) “Environmental Impact Statement? refers to the documentation of the studies of the
environmental impact of a project, including to a discussion of the direct and
indirect consequences upon human welfare and ecological and environmental
integrity. An Environmental Impact Statement may vary ftom project to project but shall

in every case contain all relevant environmental information and details about the

project.

(1) “Free and Prior Informed Consent? shall mean the consensus of all members of the

affected commun:

s to the implementation of a proposed project under the
environmental impact assessment system: Provided, That the term shall refer to such
consent which is free from any form of external fraud, manipulation, interference ot
coetcion: Provided, further, That such consent is obtained after a full and honest
disclosure of the intent and scope of the project: Provided, jinalhy, ‘That such a
disclosure was made in a language or manner that is understandable to the

community affected.

(m) “Policy and Programmatic Environmental Impact Assessment? refers to the review process

and evaluation made by the Commission of projects on contiguous areas, focusing

on the following:

(1) Carrying capacity of the area with respect to the projects to be sited there, and

(2)The applicability and appropriateness of the proposed management program.

(n) “Project” means activities including actions, programs, or undertakings, regardless of

magnitude, which may have significant impact on the environment.


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“Principal investor? ‘means any person, natural or jutidical, of Filipino or foreign
citizenship or registration, which owns at least a thirty percent (30%) equity in the
paid-in capital stock of the proponent firm,

“Proponent? refers to persons, whether natural or juridical, owners, agents,
organizations, or other entities planning, proposing or othenwise undertaking a
project, program or policy, including government agencies, government-owned and

controlled corporations, and local government units.

“Prepare?” refers to persons, whether natural or juridical, other than the Proponent,
who actually made any of the reports or statements which should are required of

the Proponent.

“Public Participation” means an open, transparent, gender-sensitive, fair, truthful, and
community-based process consisting of one or several activities the primary

objective of which is to provide a venue where relevant issues concerning the

project and its effects on the environment, including on the health of persons and
communities and their quality of life, are to be presented and discussed by all
stakeholders, at all relevant stages of project implementation including project

planning and development and post-assessment monitoring,

“Social Acceptability’ refers to the acceptance of a projected by affected communities
based on timely and informed participation in the assessment process with particular

regard to environmental impacts that are of concern to them.

“ Social Acceptability Report? refers to the documentation of the process, which is to be
based on public participation, undertaken to secure the consent of the affected

communities to the project, whether or not such consent is actually secured.

“Stakebolders? includes all persons or entities who may be significantly affected by the

project or undertaking, whether directly or indirectly.

CHAPTER II
ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM


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SECTION 5. Environmental Impact Assessment System—The Environmental

Impact Assessment System is intended to identify, forecast, and evaluate the adverse
direct and indirect effects of a proposed project on the environment as a result of the
implementation of the project or any of its components, including on the health of
persons, All Proponents intending to implement any project which may have adverse
impact on the environment shall undertake an Environmental Impact Assessment to

disclose the potential impacts of the proposed project or activity for public review.

‘The Environmental Impact Assessment shall be integrated into the planning process, and

shall requite public participation as described in Section 17 of this Act.

‘The assessment process should result in the production of an Environmental Impact

Assessment Report, which shall disclose all findings and contain all requirements, including,

but not limited to the Free and Prior Informed Consent document, a list of applicable national

and local environmental laws and ordinances, and others as provided in Sections 10 and

11 of this Act.

SECTION 6. Coverage—The Envitonmental Impact Assessment System shall apply
to all projects planned or proposed by any individual, organization or instrumentality
including government-owned or controlled corporations, which can potentially have
adverse effects on the environment, including the health of persons, of classifications

under Section 7 of this Act.

SECTION 7. Taxonomy and guidelines of appraisal—To enable the Commission
to effectively pursue the intent and purpose of the Environmental Impact Assessment
System, a technical classification and evaluation scheme shall presctibe the necessary

requirements for the issuance of Environmental Compliance Certificates to proposed

* activities and projects. The primary aim of the scheme is to guide the determination of

the nature or charactetistics of a proposed project and its potential to create adverse

impact on environmental resources in the project atea.

For the purpose of this Act, projects may be classified as either covered ot not covered

by the Environmental Impact Assessment System and as such shall be treated


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accordingly in the approval of the projects. The Commission may issue additional
guidelines for project classification and evaluation in keeping with applicable laws and

mules. The various project categories and classifications under this Act shall be as follows:

(a) Type A: Envitonmentally Critical Projects (ECPs);

(b) pe B. Projects located in Environmentally Critical Areas (ECAs) tending to cause

adverse environmental impacts;

(©) Type G Projects not falling in any of the aforecited categories but may have

significant or adverse environmental impacts;

(d) Type D, Projects projected to create positive impact on the environment; or

(©) Dpe B. Exempted projects.

The Commission shall issue further rules and regulations as may be necessary to

- effectively implement the intent and puxpose of this section.

SECTION 8. Review of classification of projec

and categories of assessment —

‘The Commission shall review and update the current classification of programs and

projects wit

n the coverage of the Environmental Impact Assessment System to

mitigate hazards to public health and welfare: Provided, That the Commission shall factor
in all information on potential adverse environmental impacts of the proposed programs
and projects in the formulation of additional classification schemes for coverage and/or

non-coverage.

SECTION 9. Environmental Impact Assessment reportorial system —

(a) If a project is considered a Type A project, the Proponent shall be required to

prepare an Environmental Impact Statement (BIS).

(b) IE the project is located within a Type B project, the Proponent shall be required to

submit an Initial Environmental Evaluation (IEE), without prejudice to the


submission of an Environmental Impact Statement or any part thereof as may be
farther required by the Commission upon review of the IEE. At its option, a
Proponent of ‘Type B project may submit an EIS instead of an TEE, pursuant to

guidelines to be promulgated by the Commission.

(c) If a project is falls under Type C, the Proponent shall submit a Project Description to
the Commission which shall, thereafter and within a reasonable time after the
submission of the Project Description, determine whether the Proponent will be

further required to submit an EIS or an IEE, The same shall apply to Type D

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projects.

12 Prior to any development or further activity, projects which have undergone a previous
13 assessments, shall undergo a new assessment as regards any development or activity not

14 covered by the previous assessment. Such development or further activity may be

15 deemed as a separate and
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17 Co-located projects shall be requited to conduct an Environmental Impact Assessment

stinct project.

18 that shall consider the cumulative environmental impacts of all the project components,
19 A single Environmental Compliance Certificate covering all co-located projects may be
20 issued for such co-located projects except where the Commission determines that each
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23 ‘The Commission shall issue further rules and regulations, including guidelines for the

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or any component should be treated as a separate and distinct proj

24 determination of exempted projects, as may be necessary to effectively implement the
25 intent and purpose of this Section.

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27. SECTION 10, Environmental Impact Statement—An Environmental Impact

28 Statement shalll include, but shall not be limited to, the following:

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30 (a) The Project Desoiption, including data on project location, specifically describing the
31 primary and secondary impact zones, project rationale, alternatives, including
32 alternative sites or actions, no action alternatives, and project phases;

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34. (b) Scoping Report


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(c) Social Acmptability Report, detailing the process of public participation, and containing

the Free and Prior Informed Consent document;

(d) Baseline Bnvironmental Conditions for land, water, air, and people;

(©) Impact Arsessment, including a discussion of the impact of the project or undertaking

on the environment and public health;

(8) Environmental Risk Assessment, when appropriate;

(@) Environmental Management Plan;

(bh) Proposals for Environmental Monitoring and Guarantee Punds when required;

(i) A list of relevant national and local environmental laws, including but not limited to

ordinances and land and water use plans, which require compliance;

(i) Supporting Documents, such as documents on technical and socio-economic data used,

gathered, or generated;

(k) Accountability Statements of the Preparer and the Proponent;

(1) For projects located in ancestral lands or domains, as defined or to be defined by law,
of indigenous communities, a specific chapter in the socio-economic impact
assessment shall be devoted to a discussion of indigenous peoples’ concerns and
possible socio-economic, political and cultural impacts of the proposed project on

such people;

(m)For projects or undertakings with significant impact on women, a specific chapter in
the socio-cconomic impact assessment shall be devoted to a discussion and

consideration of gender issues.


1 (n) For projects or undertakings with significant impact on population, a specific chapter

2 on the socio-economic impact assessment shall be devoted to a discussion of the
3 relationship among population, development, and the environment.
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5 The Commission shall promulgate the rules and regulations necessary to effectively
6 implement the procedure by which an EIS is required, produced and assessed.
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8 SECTION 11, Jnitial Environmental Examination—The Initial Environmental
9 Examination shall inchade, but shall not be limited to, the following:
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11 (a) A full description of the environmental setting and receiving environment, including
12 the primary and secondary impact areas;
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14. "(b) A brief description of the project or undertaking and its process of operation;
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16 (c) A bricf description of the environmental impact of the project or undertaking,

17 including its socio-economic impact;
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19 (d) The Social Acwptability Report, detailing the process of public participation, and
20 containing the Free and Prior Informed Content documents

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22 (e) A matrix of mitigation and enhancement measures;

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24 (1) A documentation of the consultative process undertaken, when appropriate;
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26 (g) A list of relevant national and local environmental laws, including but not limited to

27° — ordinances, land and water use plans, and declarations on the protected ot critical
28 nature of the area where the project is located, which require compliance;

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30 (h) A brief discussion of indigenous peoples’ concerns and possible socio-economic,
31 political and cultural impacts of the proposed project or undertaking on such people
32 for projects or undertakings located in ancestral lands or domains, as defined or to be
33 defined by law, of indigenous communities;

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1 (i) A brief discussion of gender issues for projects or undertakings with significant
2 impact on women;

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4 @) A brief discussion of the relationship among population, development, and the

5 environment for projects or undertakings with significant impact on population; and
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7 (k) Accountability Statements of the Preparer and the Proponent.
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‘The Commission shall promulgate the rules and regulations necessary to effectively

10 implement the procedure by which an Initial Environmental Examination (IEE) is

11 required, produced and assessed. After due appraisal of the IEE, the Commission shall
12 decide to either deny or issue an Environmental Compliance Certificate or to further
13 require the Proponent to produce an Environmental Impact Statement, or any part
14 thereof as it may deem necessary, In all ca
15 Commi
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17 "SECTION 12, Environmental Compliance Certificate—An Environmental

the Proponent shall be notified by the

ion of its action within a reasonable amount of ti

\e.

18 Compliance Certificate shall issue only after favorable evaluation, within a reasonable
19 time, by the Commission of the pertinent environmental impact report, whether such is
20 in the form of an Environmental Impact Statement or an Initial Environmental
21 Examination, No program or project shall be implemented without being covered by an
22 Environmental Compliance Certificate. In evaluating environmental impact reports, the
23 Commission may seek the assistance of other government agencies and concerned
24 stakeholders, but in all cases shall be the lead agency in such evaluation. In every case, an
25 Environmental Compliance Certificate shall be issued subject to conditions set forth by
26 the Bureau, the non-fulfillment or violation of which shall be grounds for revocation of
27 the Environmental Compliance Certificate and administrative, civil, ot criminal charges.
28

29 SECTION 13. Local monitoring bodies —Local monitoring bodies shall be organized
30. “by the Commission consisting of representatives from the regional ot local office of the
31 Commission, the Local government unit having jurisdiction over the project atea, local
32 communities and stakeholders, that shall monitor the compliance of a project of projects
33 to the terms and conditions set forth in the Environmental Compliance Certificate ot

34 Certificate of Non-Coverage.

i


CHAPTER III
PROGRAMMATIC ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM.

SECTION 14. Mainstreaming Environmental Impact Assessment in national
policy formulation—Cognizant of the need to ensure the formulation of policies,
programs, and plans founded upon sound environmental considerations and the

principles of sustainable development, it is hereby declared the policy of the State to

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systematically integrate Environmental Impact Assessment concepts and processes in
10 various phases of policy formulation by all national agencies and instrumentalities of
11 government. The Commission shall, within a reasonable petiod from the effectivity of
12 this Act, formulate and publish guidelines for identifying, appraising and addressing
13 potential environmental impacts of national policies in order to incorporate
14 environmental safeguards into the development process. ‘There shall be a tegular review
15 of such guidelines considering relevant information and best practices in order to
16 enhance the quality of Environmental Impact Assessment as a policy and planning tool.
17

18 SECTION 15. Policy and Programmatic Environmental Impact Assessment—
19 Policy and Programmatic Environmental Impact Assessment shall be required by the
20 "Commission for proposed policies, programs and plans, in the following instances:

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22 (a) The proposal pertains, but is not limited, to agriculture, forestry, fisheries, energy,

23 health, manufacturing, resource exploration and extraction, infrastructure, transport,
24 waste management, water management, telecommunications, tourism, coastal zone
25 ‘management, national, regional, provincial and municipal or city development
26 planning or land use;

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28 (b) Implementation of the proposal may pose significant envitonmental risks of result in
29 adverse or doubtful effects on the environment, including the health of individuals
30 or communities;

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32 (©) The proposal consists of several components or a cluster of projects co-located in
33" area such as an industrial estate or expott processing zone

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SECTION 16. Relationship with the per project Environmental Impact
‘Assessment system—As such policy and planning tool, the Policy and Programmatic
Environmental Impact Assessment, provided in Secton 15 of this Act, is intended to
strengthen and support, and not to replace the per project Environmental Impact
“Assessment System: Provided, That projects included in policies, programs, or plans that
have undergone Policy and Programmatic Environmental Impact Assessment, shall not
be automatically exempted from the per project Environmental Impact Assessment

System,

CHAPTER IV
FREE AND PRIOR INFORMED CONSENT

SECTION 18. Free and Prior Informed Consent—It is hereby declared to be the
policy of the State to ensure the direct and meaningful participation of affected
communities and sectors in the approval of policies, programs and projects with possible

adverse impacts on the environment, The social acceptability of the project, in the form

of the Free and Prior Informed Consent of affected persons or communities, shall be a
condition precedent to the approval of any program or project. ‘Toward this end,
Proponents of projects shall, at all times, be requited to conduct scoping sessions and

submit to public consultations.

SECTION 19. Nature and purpose of public consultations and scoping

processes—Environmental assessment processes, including the public consultation and
scoping procedures, are not conducted for the purpose of encouraging or soliciting the
concerned communities’ approval of or support for the project being discussed, but as a
fair, truthful, and comprehensive forum where all parties may present relevant issues
concerning the project and its perceived significant effects on the environment, including
the health of persons and communities and their quality of life, It shall be incumbent
upon project Proponents and representatives from local government units and other
government agencies, including those agencies with jurisdiction over the project, to
present all and any relevant data and aspects of the project that may affect the
community, whether positively or adversely. Such data shall be complete, accurate, and

unbiased.

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Within six (6) months from the effectivity of this Act, the Commission shall promulgate
implementing rules and regulations to ensure the objectivity of the conduct of the

Environmental Impact Assessment and the truthfulness of all presentations and

representations made therein by all parties thereto. The said implementing rules and
regulations shall also provide for penalties where parties, including representatives from
local government units and other government agencies, including those with jurisdiction
over the project, fail to comply with the duties and responsibilities vested upon them by

this Section.

SECTION 20. Conduct of scoping—Scoping shall be initiated by the proponent at

the earliest possible stage of project planning, to determine the range of actions,

alternatives and impacts to be examined in the Environmental Impact Assessment

process. The scoping process shall be conducted in a language and manner that is

undetstandable to the community concerned, and the proceedings shall be duly recorded.

‘The objectives of the scoping are the following:

(@) Provide an early link between the Commission and the Proponent to ensure that the
Environmental Impact Assessment addresses relevant issues and presents results in a

form consistent with Environmental Impact Assessment review requirements;

(b) Allow stakeholders to make their concerns known to ensure that the Environmental

Impact Assessment adequately addresses the relevant issues;

(6) Establish an agreement at the outset of the Environmental Impact Assessment

between the Proponent, the Department Environmental and Natural Resources and

stakeholders on what issues and alternatives ate to be examined;
(d) Addtess issues on carrying or assimilative capacity of the environment, and identify
anticipated legal constraints or compliance requirements regarding the project

proposal;

(©) Determine whether the project or undertaking requires the conduct of an

environmental risk assessment; and

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“() 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
report.

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6 Commission. The record of the proceedings shall be attached to the formal scoping
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9 ‘The Commission shall review the scoping report submitted by the Proponent and, after
0 consultation with the latter and the community, determine the actual scope of the BIS. In
11 determining the scope of the EIS, the Commission shall take into account the concerns

12 and recommendations of stakeholders.

14 SECTION 21. Public consultation—After scoping and the submission of the formal
15 «scoping report, a series of public consultations shall be initiated by the Commission to
16 determine the social acceptability of the project. For this purpose, a multi-sectoral
17 committee shall be created for the project to assist the Commission in ensuring that the
18 requisite consent of affected persons or communities is obtained consistent with
19 guidelines issued for such purpose, The Commission may seek comments and

20 recommendations, in writing, of other government agencies and stakeholders with

21 expertise over the proposed project and the poss
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23 Before the conduct of a public cot

le impacts that may be generated.

sultation, notice thereof shall be published once a

24 week for three (3) consecutive weeks in any newspaper of general circulation at least
2
26 place in the municipality or barangay whete the project is to be located.
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thirty (30) calendar days prior to the consultations and shall be posted in a conspicuous

28 _ Allexpenses incutred relating to the notices shall be borne by the project Proponent.

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30 SECTION 22. Social Acceptability Report—The proceedings in the public
31 consultations shall be summary in character and need not strictly adhere to the technical
32 ules of evidence and procedure. Information on the proposed projects, including
33 environment impacts, shall be disseminated or presented in a manner and language

34 understandable to the community.

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” Prowided,

‘The proceedings shall be duly recorded, with such record being attached to the Social
Acciptability Report that shall be rendered by the hearing officers designated by the

Commission within fifteen (15) working days from the termination of the consultations:

hat the Sacial Acceptability Report shall be part of the documentary requirements

in the environmental impact report, whether in the form of an HIS or an IEE.

Should the project obtain the Free and Prior Informed Consent of the community
concerned, the document representing the same shall be attached to the Social
Acciptability Report. The Free and Prior Informed Consent document shall be an indispensable
requisite for the issuance of an Environmental Compliance Certificate: Provided, That if
the community does not give its consent to the project, such shall be stated in the Social

Auceptabilty Report.

‘The Commission shall issue necessary guidelines for the proper conduct of consultations
to obtain the most truthful and accurate expression of people’s consent to the proposed

project. In the conduct of consultations, all parties shall adhere to the standards set by

+ the Commission for such purpose.

CHAPTER V
ACTIONS

SECTION 23. Jurisdiction of the courts —

(a) Notwithstanding the provisions of Republic Act No. 8975, which governs the
expeditious implementation and completion of government infrastructure projects, a
court may issue a temporary restraining order or a writ of preliminary injunction
against any project which shall attempt to operate in violation of any provision of

this Act or its implementing rules and regulations.

(0) The issuance of a temporary restraining order or a writ of preliminary injunction

shall automatically suspend the efficacy of a previously issued Environmental
Compliance Certificate and shall allow prosecution against the Proponent for a

violation of the provisions of this Act.

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(©) The temporary testraining order or writ of preliminary injunction shall be

enforceable throughout the Republic of the Philippines.

(d) The power of the courts to issue such preliminary injunction shall not prejudice the

power of the Commission to issue cease and desist orders as provided for in Section

28 of this Act.

wCarwananwune

SECTION 24, Administrative action —Without prejudice to the right of any affected
10 person to file any other criminal or civil action, the Commission shall, on its own
11 instance or upon verified complaint by any person, institute administrative proceedings
12 against any person who violates any order, rule or regulation issued by the Commission
13 with respect to this Act.

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15 SECTION 25. Citizen suits—For purposes of enforcing the provisions of this Act or
16 its implementing rules and regulations, any citizen may file an appropriate civil, criminal,

17 or administrative action in the proper courts against:

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19 (a) Any person who violates or fails to comply with the provisions of this Act or its
20 implementing rules and regulations, or who violates the terms and conditions set
21 ° forth by the Commission in the Environmental Compliance Certificate ot Certificate
22 of Non-Coverage;

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24 (b) The Commission or other implementing agencies with respect to orders, rules and

25 regulations issued inconsistent with this Act; and

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27° (c) Any public officer who willfully or grossly neglects the performance of an act
28 especially required as a duty by this Act or its implementing rules and regulations, ot
29 abuses his authority in the performance of his duty, or, in any manner, improperly
30 performs his duties under this Act or its implementing rules and regulations.

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32 Provided, That no court action shall be filed earlier than thirty (0) days after receipt of
33 the notice given to the concerned public officer or the alleged violator, and no

34. - appropriate action has been taken thereon.

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the court action is malicious and bas

‘The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of pecuniary estimation, and shall, likewise, upon prima face showing
of the non-enforcement or violation complained of: Provided, ‘That no injunction bond
shall be requited from the person filing the action for the issuance of a writ of

preliminary injunction.

Within thirty (30) days, the court shall make a determination if the initiatory complaint

filed therewith is malicious and baseless. If the result of such a determination shows that

38, the court shall dismiss the action accordingly

and award attorney's fees and damages, as it may seem appropriate.

SECTION 26. Independent action—The filing of an administrative action against
such person or entity does not preclude the right of any other person to file any criminal
ot civil action. Such civil or criminal action shall proceed independently of the

administrative action.

SECTION 27. Suits and strategic legal actions against public participation and
for the enforcement of this Act—It shall be the duty of the investigating prosecutor
or the coutt, as the case may be, to immediately make a determination of whether such
an action has been filed to harass, vex, exert undue pressure, or stifle legal resources of
the person complaining or enforcing the provisions of this Act. The determination shall

be made within a period not exceeding thirty (30) days. In case the investigating

* prosecutor or the court determines that such an action was filed to harass, vex, exert

undue pressure of stifle legal resources, the prosecutor or the court shall terminate the
investigation ot dismiss the case and award attorney's fees and damages as it may deem

appropriate.

SECTION 28. Lien upon properties of violators—Fines and penalties imposed
pursuant to this Act shall constitute a lien upon both immovable and movable, tangible
and intangible, properties of the violator. In case of the insolvency of the violator, such
lien shall be inferior only to the lien for laborers’ wages under Articles 2241 and 2242 of

Republic Act No. 386 otherwise known as the new Civil Code of the Philippines.

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1 SECTION 29. Power to issue orders.

Upon a verified complaint by any person or
2 motu proprio, the Commission shall require the Proponent to remedy any practice which
3 was not made in accordance with the provisions of this Act, its implementing rules and
4 regulations, or other orders, laws, statute, or standard pertaining to environmental, safety
5 or health concerns: Prowided, That in case of imminent danger to life or property, the
6 Commission may issue a cease and desist order and summarily suspend the operations
7 and activities until appropriate measures are taken by the Proponent and the danger is
8 removed.

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10 SECTION 30. Grounds for non-issuance or revocation of an Environmental

11 Compliance Certiticate—An Environmental mpliance Certificate shall in no case
12 be issued, and a previously issued Environmental Compliance Certificate shall be
13 Suspended ‘or revoked by the Commission or the Bureau, as the case may be, upon the
14 following grounds:

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16 (a) Non-filing or late filing of requirements

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18 (b) Violation of or non-compliance with terms and conditions of the Environmental

19 Compliance Certificate;

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21 (©) Non-payment of taxes o fees;

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23 (d) Falsehood ot omission of statement and facts in the EIS, IBE, Project Deserption, or
24 any part thereof, or during the conduct of public consultations such as, but not
25 limited to, scoping sessions and public hearings; ot

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27 (@) Showing of loss, injury, ot damage to any person as a result of the implementation
28 of the project or any part or activity thereof, without need to show bad faith or any
29 degree of negligence on the part of the Proponent.

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31 Such non-issuance, suspension or revocation of an Environmental Compliance
32 Certificate shall not prejudice the right of any person to file appropriate administrative,
33 civil, or criminal suits as provided in this Act.

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SECTION 31. Revocation of a Certificate of Non-Coverage—aA previously issued

CNC may be revoked and cancelled for any of the grounds for the revocation of an

* Environmental Compliance Certificate, as provided in Section 30 of this Act: Provided,

‘That the Bureau may, at any time, and after the making a proper determination, reclassify
the project as a critical project or ask the Proponent to submit additional requirements:
Prowided, further, ‘That whenever the implementation of the project or any part of the
project is found to cause damage, injury, or loss to persons and property, the project and

its Proponent may be subject to the

ame actions, liabilities and penalties as if the project

is a critical project.

SECTION 32. Strict liability in cases of Joss, injury, or damage to persons or
property and award of damages.—The Proponent shall be liable for damages for any
harm, loss, or injury to persons and property: Provided, That it is clearly shown that the
act or omission complained of is in violation or non-compliance of this Act, its

implementing rules and regulations, or the terms and conditions set forth in the

. Environmental Compliance Certificate or CNC: Prowided, further, That the showing of a

violation or non-compliance to this Act, its implementing rules and regulations, or to the
terms and conditions of an Environmental Compliance Certificate shall be a conclusive

presumption of the proponent’ fault or negligence.

SECTION 33. Solidary liability of chief operating or executive officer of
Proponent firm or corporation—Uhe separate and distinct legal personality of the
Proponent firm notwithstanding, the chief operating officer, chief executive officer, and
principal investors of the Proponent fitm shall be jointly and severally liable for any
financial liability or award of damages made by the court under the preceding section,
‘The same shall apply to transnational coxporations and foreign firms licensed to do

busine

s in the Philippines.

CHAPTER VI
PENALTIES

SECTION 34, Operation without a required Environmental Compliance
Certificate—Any critical project which shall operate without the required

Environmental Compliance Certificate shall face closure, suspension of development or

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construction or cessation of operations until such time that proper environmental
safeguards are put in place and the necessary Environmental Compliance Certificate has
been issued: Provided, That the project Proponent shall be fined an amount equivalent to
two hundred percent (200%) of its authorized capital stock or, in the case of an
individual, of its net worth, ot four hundred percent (400%) of its gross profit,
“whichever is higher: Provided, That the chief operating or executive officer of the
Proponent firm shall be held criminally liable and be imprisoned for a period not less

than five (5) years but not more than ten (10) years at the discretion of the court, and

wCorvAaneune

shall be jointly and severally liable for actual, moral, or exemplary damages with the

10 Proponent firm, and the principal investors, as may be found by the court

12 SECTION 35. Violations of Terms and Conditions of the Environmental
13 Compliance Certificate—Any project Proponent found in violation of the terms and
14 conditions set forth in the Environmental Compliance Certificate shall face closure,

15 suspension of de’

Jopment or construction or cessation of operations: Provided, that the
16 project Proponent shall be fined an amount equivalent to two hundred percent (200%)
17 of its authotized capital stock ox, in the case of an individual, of its net worth, or four
18 hundred percent (400%) of its gross profit, whichever is higher: Provided, That the chief
19. operating or executive officer of the proponent firm shall be held criminally liable and be
20 imprisoned for a period not less than five (5) years but not more than ten (10) years at
21 the discretion of the court, and shall be jointly and severally liable for actual, moral, or
22 exemplary damages with the proponent firm, and the principal investors, as may be
23 found by the court.

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25 SECTION 36. False statements or representation—Any project Proponent who is
26 found to have knowingly and willfully made a false representation or an untruthful or
27 incomplete presentation of material or relevant facts and findings to the government or
28 to the public shall be fined a minimum of fifty thousand Philippine pesos
29 (PhP50,000.00) but not more than one hundred thousand Philippine pesos
30 (PhP 100,000.00), upon the discretion of the Commission, for every false representation
31 of statement. In eases where hatm, loss, of injury be sustained by the community or any
32 _ of its members as a result of a false representation or statement, whether or not made
33. “knowingly or willfully, the Proponent shall be fined a minimum of two hundred fifty
34 thousand Philippine pesos (PhP250,000,00) to a maximum ten percent (10%) of the

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project cost or five hundred thousand Philippine pesos (PhP500,000.00), depending
upon the nature and degree of the loss, injury, or damage sustained, whichever is higher,
to be imposed at the discretion of the Commission, and without prejudice to the filing

of administrative, civil, or criminal charges.

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6 SECTION 37. Violations by public ofticials of the duties reposed by this Act—
7 Any government official tasked with the implementation of this Act or any of its
8 components who fails to enforce the provisions of this Section shall be charged
9 ‘administratively and, if found guilty pursuant to Section 24, be subject either to
10 suspension from office for a minimum period of one (1) year without pay, ot to
11 separation from service without benefits, subject to existing civil service laws. Further,
12 the violator shall be held criminally liable and be imprisoned for a period not less than
13 two (2) years but not more than five (5) years, at the discretion of the Court.

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15 SECTION 38. Financial guarantees for envitonmental rehabilitation and injuries

16 to communities—The Commission shall establish 2 mechanism that systematically

17 addresses the need for clean-up and rehabilitation of arcas damaged as a result of the
18 implementation of projects taking into consideration the resources required to undertake
19 the rehabilitation activities, as well as to ensure just and timely compensation for any
20 adverse effect which project or program implementation may directly or indirectly cause
21 to the environment or the community, For these purposes, the program and project
22 Proponents shall be required to put up a guarantee fund and/or any other trust,
23 insurance, or financial mechanism as the Commission may deem appropriate: Provided,
24 ‘That the guarantee fund or funds shall be utilized for damage caused during any stage of
25 project implementation and after the termination of the project or program: Provided,
26 further, That the establishment of such funds shall not exempt the proponents from civil
27 or criminal liability for violations of this Act, its implementing rules and regulations, ot
28 the terms and conditions imposed upon them by the Commission.

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30 CHAPTER VIL
31 IMPLEMENTATION MECHANISM AND RESPONSIBILITIES
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33 SECTION 39. National Environmental Protection Commission—To carty out the

34 policies herein set forth, there shall be created the National Environmental Protection

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1. Commission, which shall replace the National Environmental Protection Commission
2. created by Presidential Decree No. 1121, and which shall be the primary government
3 agency responsible for the implementation of this Act and the formulation of its
4 implementing rules and regulations. It shall also be the lead agency in the conduct of
5 environmental impact assessments and issuance of Environmental Compliance
6 Certificates.
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8 SECTION 40. Mandate—The Commission shall protect and promote the people's
9 right to a healthful environment and at all times shall be guided by the principles of
10 sustainable development and meaningful public participation in its decision-making
11 processes.
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13 Inno instance may the Commission be put under the supervision or control of the
14 Department of Environment and Natural Resources.
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16 SECTION 41. Composition—The Commission shall be an independent agency under
17 the Office of the President and shall be composed of three (3) Commissioners, one of
18 whom shall be the Chairperson.
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20 The Board of Commissioners shall be comprised in this wise:
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22 (a) One (1) Commissioner shall come from the scientific community with expertise in

23 natural resource management and conservation of aquatic ecosystems and
24 biodiversity;
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26 (b) One (1) Commissioner shall come from the scientific community with expertise in

27 natural resource management and conservation of terrestrial ecosystems and
28 biodiversity; and

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30 (c) One (1) Commissioner shall be a member of the Philippine bar in the practice of
31 environmental law.

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33 Prowided, That at least one Commissioner shall be female.

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. The Commissioners shall be appointed by the President of the Philippines from a pool

of individuals from the communities or sectors to be represented by each Commissioner.

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4 SECTION 42. Qualifications, Tenure, Compensation—The Chairperson and the
5 two (2) Commissioners must be natural born Filipino citizens, are at least thirty-five (35)
6 years of age at the time of appointment, with at least ten (10) years experience in their
7 field of expertise, and must be of proven honesty and integrity; Provided, That the
8 Commissioners shall hold office for a period of three (3) years: Provided, further, That no
9. person shall serve for more than two (2) consecutive terms and that in case of a vacancy,
10 the new appointee must fully meet the qualifications of a Commissioner and hold office
11 fora full term and in no case shall a member be appointed or designated in a temporary
12 or acting capacity.
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14 The Chairperson and the Commissioners shall be entitled to compensation in accordance
15. with laws on compensation of public officers and employees.
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17 SECTION 43. Removal from Office—Any member of the Commission may be
18 removed from office by the President of the Philippines upon a verified complaint by
19 any adversely affected community, before the expiration of his term for cause and after
20 complying with due process requirement of law.
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22 SECTION 44. Appointment of Commissioners—Vhe President of the Republic of
23 the Philippines shall appoint the three (3) Commissioners of the Commission within
24 sixty (60) days from the effectivity of this Act.
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26 SECTION 45. Powers and Functions —to accomplish its mandate, the Commission
27 shall have the following powers and functions:

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29 (a) Serve as the primary government agency responsible for the implementation of this
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32 (b) Promulgate rules and regulations necessary for the implementation of this Act;
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(©) Regularly monitor, review, and assess such rules and tegulations to ensure that these
adhere to the policy and objectives of this Act and the mandate of the Commission,

and submit a yearly report to the President of the Republic of the Philippines;

(d) Issue Environmental Compliance Certificates and deny applications thereof and set

terms and conditions therein once issued;

(¢) Monitor and requite the continued compliance of projects this Act, its implementing
rules and regulations, or to the terms and conditions of an Environmental

Compliance Certificate, and penalize persons for violations or non-compliance;

(f) Recommend possible legislation, policies and programs related to environmental

assessment;

(2) Formulate minimum environmental compliance standards;

.(h) Provide technical assistance for the implementation of this Act;

(i Gather timely and authoritative information concerning the conditions and trends in
the quality of the environment both current and prospective, to analyze and interpret
such information for the purpose of determining whether such conditions and
trends ate interfering, or are likely to interfere, with the achievement of the policy set
forth in Chapter I of this Act, and to compile and submit to the President of the

Republic of the Philippines studies relating to such conditions and trends;

G) Assist of supervise the conduct of public consultations and ensure that such are

cattied out according to the policy set forth in this Act;

(Kk) Conduct public hearings in cases where there is a strong showing of concemn by the

public over a proposed project, policy or program;
() Develop and conduct capability-building modules, training, and other activities for

the benefit of implementers as well as the public to support the effective

implementation of this Act; and

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(m)Formulate and disseminate information on environmental assessment and

compliance matters to the general public.

SECTION 46, Accessibility and transparency-—Subject to such limitations as may be

provided by law or by rules and regulations promulgated pursuant thereto, all official

records, documents and papers pertaining to official acts, transactions or decisions, as

well as research data used as basis for policy development of the Commission shall be

made accessible to the public.

SECTION 47. Offices within the Commission—In furtherance of its mandate and
to effectively implement the provisions of this Act and its implementing rules and

regulations, the Commission shall have the following offices:

(a) Office of the Secretariat — to provide overall supervision of the Commission and is
responsible directly to the Commissioners and has the mandate of enhancing public
health and cnvironmental protection through effective management of Commission’s

human, financial, and physical resources.

_(b) Office of Enforcement and Compliance Assurance — is. primasily responsible for the

enforcement of this Act and its rules and regulations, for the review of documentary
and other submissions and requitements in relation to the issuance of Environmental
Compliance Certificates, and the assurance of compliance by projects to
cavironmental laws and regulations, including but not limited to those under this Act.
‘The Office of Enforcement and Compliance Assurance shall submit its
recommendations to the Commission which shall decide en bane on the issuance ot

non-issuance of Environmental Compliance Certificates.

(1) Offer of Environmental Justice~ is responsible for community concerns, with special
attention to indigenous groups, fisherfolk, farmers, women, and other sectors
within specific affected communities, The Office of Environmental Justice shall
assist in ensuring compliance with the public participation and social acceptability

requirements of this Act

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(2) Post-assessment Monitoring Committee — is responsible for the monitoring of projects
and ensuring their compliance to environmental laws and regulations after
completion of the assessment process, as well as compliance to the terms and

conditions set forth in previously issued Environmental Compliance Certificates.

(©) Office of General Counsel — is the Commission's legal adviser. It will provide legal
service to all organizational elements of the Commission with respect to its
programs and activities as well as legal opinions, legal counsels, and litigation support.
In addition, the Office of General Counsel shall assist in the formulation of the
Commission’s policies and programs, and shall provide legal assistance to the

communities affected by violations or non-compliance with provisions of this Act.

(d) Office of Research and Development — is responsible for the research and development

needs of the Commission for its operating programs and to address policy issues.

(©) Office of Public Information and Training ~ is responsible for development and
dissemination of information and education materials and modules, as well as in
providing capacity-building programs for environmental assessment practitioners and

communities.

SECTION 48. Other offices —The Commission shall have the power to create other

offices and sub-offices, including regional or local offices, as it may deem necessary

_ subject to existing rules and regulations,

SECTION 49, Implementing rules and regulations—The Commission shall
promulgate the implementing rules and regulations of this Act within one hundred

twenty (120) days after their appointment.

SECTION 50. Joint Congressional Oversight Committee—Thete is hereby created
a Joint Congressional Oversight Committee to monitor the implementation of this Act
‘The Committee shall be composed of five (5) senators and five (5) representatives to be
appointed by the Senate President and the Speaker of the House of Representatives,

respectively. The Oversight Committee shall be co-chaired by a senator and a

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1 representative designated by the Senate President and the Speaker of the House of

Representatives, respectively.

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4 CHAPTER VIII

5 CREATION AND LOCALIZED MANAGEMENT.

6 OFAN ENVIRONMENTAL IMPACT ASSESSMENT ADMINISTRATION
i FUND

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SECTION 51. Establishment of an Environmental Impact Assessment
10 Administration Fund—There is hereby created a revolving fund to be known as the

11 Environmental Impact Assessment Administration Fund or the “Find” to cover

12 administrative expenses and other program costs directly incurred in Environmental

13 “Impact Assessment review, assessment and monitoring. The Fund, which may be
14 generated from vatious 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 penalties

17 directly related to the implementation of the Environmental Impact Assessment System

18 shall accrue to the Fund may be utilized directly by the Commission for the above

19 purposes: Provided, ’

hat the Commission shall provide the proper guidelines for the

20 sourcing, utilization and proper accounting of the Fund Provided, further, That all
21 information regarding the Fund, including, but not limited to, its transactions and its
22 status shall be accessible to the public at anytime observing the policy laid down in
23 Section 46 of this Act

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25 SECTION 52. Localized management of Environmental Impact Assessment
26 , Administration Fund—The Commission shall facilitate the cteation of corresponding
27 local structures and mechanisms for the localized sourcing and management of
28 Environmental Impact Assessment Administration Funds.

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30 The Commission, shall, in consultation and coordination with the Department of
31 Interior and Local Government and the local government units, formulate the necessary
32 guidelines to govern the localized sourcing and management of Environmental Impact
33 Assessment Administration Fund.

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SECTION 53. Appropriations—The amount of one hundred million Philippine
pesos (PhP100,000,000.00) shall be appropriated for the initial implementation of this

“Act.

CHAPTER IX
FINAL PROVISIONS

SECTION 54. Separability clause—I€ any part, section or provision of this Act is
held invalid or unconstitutional, other provisions not affected thereby shall remain in full

force and effect.

SECTION 55. Repealing clause —All laws, orders, circulars, rules and regulations, or
any part thereof, which are inconsistent with the provisions of this Act, including those
of Republic Act No, 8975 (An Act to Ensure the Expeditious Implementation and

Completion of Government Infrastructure Projects), ate hereby amended or repealed

* accordingly. Presidential Decree No. 1121 is hereby repealed.

SECTION 56. Effectivity—This Act shall take effect fifteen (15) days after its

publication in the Official Gazette of in two (2) newspapers of general cixculation,

Approved.