Republic of the Philippines ka RECEIVE
HOUSE OF REPRESENTATIVE 2 T3°SEP fr
Quezon City ate: Se

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 3992

Introduced by AKBAYAN Representative Tomasito S. Villarin

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 Policy 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 Administrative Order No. 30 series of 2003.

Issuances and legislation on Philippine Environmental Impact Assessment
system might be piecemeal, but are 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 BIA system
in the country need to address 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 are 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 Clearance Certificate.

It also bears stressing that for any environmental assessment system to be
truly effective, public participation and social acceptability should be deemed

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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
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.

‘This proposal was filed by Akbayan’s representatives during the 16% Congress
as House Bill No. 3637.

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

IASITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill NoSOIR

Introduced by AKBAYAN Representative Tomasito S. Villarin

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. — This act shall be known as the “Environmental Impact
Assessment Act of 2016.”

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 and consideration for the protection of the
environment and natural resources 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 the same. In the implementation of this
policy, the State shall be guided by the following principles:

(a) Each generation has the responsibility as trustee of the environment
for future generations.

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

(c) Filipinos should be assured of a safe, healthful, and productive
environment.

(d) The widest range of beneficial uses of the environment can be attained
without degradation to its integrity and sustainability, or without risk
to the health, safety and livelihood of persons and local communities.


(e) Historical, cultural and natural aspects of the country’s national
patrimony shall be preserved.

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

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

(a) The environment is a resource not only for present but also for future
generations.

(b) Marginalized communities and vulnerable sectors will always be
disadvantaged in formal legal process

SECTION 4. Definition of Terms. - For purposes of this Act, the following
terms shall have the following meanings:

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

(b) “Certificate of Non-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 a Certificate of Non-Coverage does not require the issuance
of an Environmental Compliance Certificate prior to project
implementation and operation.

(c) “Co-located Projects” are projects, or a series of similar projects or
undertakings, located in a contiguous area, or a project subdivided into
several phases or stages.

(d) “Commission” refers to the National Environmental Prot
Commission created by virtue of this Act.

(¢) ‘Critical Project” refers to any project or activity that has a high potential
to create an adverse impact on the environment, on the safety and
health of persons and on their quality of li

()) “Environmental Compliance Certificate” refers to the document issued
by the President of the Philippines or 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.


(g) “Environmentally Critical Area’ 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 Areas
System Act of 1992, and other areas which are ecologically important
or specially sensitive to degradation, such as watersheds, fish
sanctuaries, and similar areas.

(h) “Environmentally Critical Projects” refers to all projects declared by the
Commission as a critical project, as the latter is defined in this Section.

(i) “Environmental Impact Assessment” refers to the processes of
identifying, forecasting and evaluating the future state of the
environment as a consequence of a particular activity and with
reference to a comparative assessment of the environment’s future state
without the activity.

() “Environmental Impact Assessment Report” refers to the documentation
of the processes undergone by a project to assess its 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 consequence upon human welfare
and ecological and environmental integrity. An Environmental Impact
Statement may vary from project to project but shall in every case
contain all relevant environmental information and details about the
project.

(l) “Free and Prior Informed Consent” shall mean the consensus of all
members of the affected communities 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 or coercion:
Provided, further, That such consent is obtained after a full and honest
disclosure of the intent and scope of the project: Provided, finally, That
such a disclosure of the intent and scope of the project: Provided,
finally, 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.

(0) “Principal Investor” means any person, natural or juridical, 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.

(p] “Proponent” refers to the persons, whether natural or juridical, owners,
agents, organizations, or other entities planning, proposing or otherwise
undertaking a project, program or policy, including government
agencies, government-owned and controlled corporations, and local
government units.

(q) “Preparer” refers to persons, whether natural or juridical, other than
the Proponent, who actually made any of the reports or statements
which are required of the Proponent.

(t) “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.

(s) “Social Acceptability” refers to the acceptance of a project 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.

(t) “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.

(u) “Stakeholders” includes all persons or entities who may be significantly
alfected by the project or undertaking, whether directly or indirectly.

CHAPTER II
ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM

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

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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 require public participation as described in Section 17 of
this Act.

‘The assessment process should result in the production of an Environmental
As sment 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 Environmental 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 Ac.

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 prescribe 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 characteristics of
a proposed project and its potential to create adverse impact on environmental
resources in the project area.

For the purpose of this Act, projects may be classified as either covered or not
covered by the Environmental Impact Assessment System and as such shall
be treated accordingly in the approval of the projects. ‘The Commission may
issue additional guidelines for project classification and evaluation in keeping
with applicable laws and rules, The various project categories and
classifications under this Act shall be as follows:

(a) Type A. Environmentally Critical Projects (ECPs);

(b) Type B. Projects located in Environmentally Critical Areas (ECAs)
tending to cause adverse environmental impacts;

(c} Type C. 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}
on

(c) Type E. Exempted projects.


The Commission shall issue further rules and regulations as may be
necessary to effectively implement the intent and purpose of this Section.

SECTION 8. Review of Classification of Projects and Categories of
Assessment. - The Commission shall review and update the current
classification of programs and projects within 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 (EIS).

(b) If 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 further 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 IEE, pursuant to the guidelines to be
promulgated by the Commission.

(c) If a project 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 projects.

Prior to any development or further activity, projects which have undergone
previous assessment, shall undergo a new assessment as regards any
development or activity not covered by the previous assessments. Such
development or further activity may be deemed as separate and distinct
project.

Co-located projects shall be required to conduct an Environmental Impact
Assessment that shall consider the cumulative environmental impacts of all
the project components. A single Environmental Compliance Certificate
covering all co-located projects may be issued for such co-located projects
except where the Commission determines that each or any component should
be treated as a separate and distinct project.

The Commission shall issue further rules and regulations, including
guidelines for the determination of exempted projects, as may be necessary to
effectively implement the intent and purpose of this Section.


SECTION 10. Environmental Impact Statement. - An Environmental
Impact Statement shall include, but shall not be limited to, the following:

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

(b) Scoping Report;

(c) Social Acceptability Report, detailing the process of public part
and containing the Free and Prior Informed Consent document;

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

(e) Impact Assessment, including a discussion of the impact of the project
or undertaking on the environment and public health;

()) Environmental Risk Assessment, when appropriate;
(g) Environmental Management Plan;

(h) Proposals for Environmental Monitoring and Guarantee Funds 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 generate

(kj Accountability Statements of the Preparer and the Proponent;

(\), 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 and undertakings with significant impact on women,

‘a specific chapter in the socio-economic impact assessment shall be
devoted to a discussion and consideration of gender issue

(n) For projects or undertakings with significant impact on population, a
specific chapter on the socio-economic impact assessment shall be
devoted to a discussion of the relationship among population,
development, and the environment.

a


‘The Commission shall promulgate the rules and regulations necessary to
effectively implement the procedure by which an EIS is required, produced
and assessed.

SECTION 11. Initial Environmental Examination. - The Initial
Environmental Examination shall include, but shall not be limited to, the
following:

(a) A full description of the environmental setting and receiving
environment, including the primary and secondary impact areas;

(b) A brief description of the project or undertaking and its process of
operation;

(c) A brief description of the environmental impact of the project or
undertaking, including its socio-economic impact;

(d) The Social Acceptability Report, detailing the process of public
participation, and containing the Free and Prior Informed Consent
document;

(e) A matrix of mitigation and enhancement measures;

() A documentation of the consultative process undertaken, when
appropriate;

(g) A list of relevant national and local environmental laws, including but
not limited to ordinances, land and water use plans, and declarations
on the protected or critical nature of the area where the project is
located, which require compliance;

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

A brief discussion of gender issues for projects or undertakings with
significant impact on women;

(i

(j) A brief discussion of the relationship among population, development,
and the environment for projects or undertakings with significant

impact on the population; and

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


‘The Commission shall promulgate the rules and regulations necessary to
effectively implement the procedure by which an Initial Environmental
Examination (IEE) is required, produced and assessed. After due appraisal
of the IEE, the Commission shall decide to either deny or issue an
Environmental Compliance Certificate or to further require the Proponent to
produce an Environmental Impact Statement, or any part thereof as it may
deem necessary. In all cases, the Proponent shall be notified by the
Commission of its action within a reasonable amount of time.

SECTION 12. Environmental Compliance Certificate. - An Environmental
Compliance Certificate shall issue only after favorable evaluation, within a
reasonable time, by the Commission of the pertinent environmental impact
report, whether such is in the form of an Environmental Impact Statement or
an Initial Environmental Examination. No program or project shall be
implemented without being covered by an Environmental Compliance
Certificate. In evaluating environmental impact reports, the Commission may
seek the assistance of other government agencies and concerned
stakeholders, but in all cases shall be the lead agency in such evaluation, In
every case, an Environmental Compliance Certificate shall be issued subject
to conditions set forth by the Bureau, the non-fulfillment or violation of which
shall be grounds for revocation the Environmental Compliance Certificate and
administrative, civil, or criminal charges.

SECTION 13. Local Monitoring Bodies. - Local monitoring bod shall be
organized by the Commission consisting of representatives from the regional
or local office of the Commission, the local government unit having
jurisdiction over the project area, local communities and stakeholders, that
shall monitor the compliance of a project or projects to terms and conditions
set forth in the Environmental Compliance Certificate or Certificate of Non-
Coverage.

CHAPTER III
PROGRAMMATIC ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM

SECTION 14, Mainstreaming Environmental Impact Assessment in
National Policy Formulation. - Cognizant of the necd 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 systematically integrate
Environmental Impact Assessment concepts and processes in various phases
of policy formulation by all national agencies and instrumentalitics of
government. The Commission shall, within a reasonable period from the
effectivity of this Act, formulate and publish guidelines for identifying,
appraising and addressing potential environmental impacts of national
policies in order to incorporate environmental safeguards into the
development process. There shall be a regular review of such guidelines
considering relevant information and best practices in order to enhance the
quality of Environmental Impact Assessment as a policy and planning tool.


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

(a) The proposal pertains, but is not limited, to agriculture, forestry,
fisheries, energy, health, manufacturing, resource exploration and
extraction, infrastructure, transport, waste management, water
management, telecommunications, tourism, coastal zone management,
national, regional, provincial and municipal or city development
planning or land use;

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

(c} The proposal consists of several components ot a cluster of projects co-
located in area such as na industrial estate or export processing zone.

SECTION 16. Relationship with the Per Project Environmental
Assessment System. - As such policy and planning tool, the Polic and
Programmatic Environmental Impact Assessment, provided in Section 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 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 required 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

10


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.

Within six (6) months form 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 understandable to the
community concerned, and the proceedings shall be duly recorded.

The objectives of the scoping are the following:

(a) 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;

() Establish an agreement at the outset of the Environmental Impact
Assessment between the Proponent, the Department of Environment
and Natural Resources and stakeholders on what issues and
alternatives are to be examined.

(d) Address issues on carrying or assimilative capacity of the environment,
and identify anticipated legal constraints or compliance requirements
regarding the project proposal;

(c) Determine whether the project or undertaking requires the conduct of
an environmental risk assessment; and

(f) Determine and agree on the process of dealing with issues relating to
social acceptability.

i


Based on the scoping process, the Proponent shall submit a formal scoping
report to the Commission. The record of the proceedings shall be attached to
the formal scooping report.

The Commission shall review the scoping report submitted by the Proponent
and, after consultation with the latter and the community, determine the
actual scope of the EIS. In determining the scope of the EIS, the Commission
shall take into account the concerns and recommendations of stakeholders.

SECTION 21. Public Consultation. - After scoping and the submission of
the formal scoping report, a series of public consultations shall be initiated
by the Commission to determine the social acceptability of the project. For
this purpose, a multi-sectoral committee shall be created for the project to
assist the Commission in ensuring that the requisite consent of affected
persons or communities is obtained consistent with the guidelines issued for
such purpose. ‘The Commission may seek comments and recommendations,
in writing, of other government agencies and stakeholders with expertise over
the proposed project and the possible impacts that may be generated.

Before the conduct of a public consultation, notice thereof shall be published
once a week for three (3) consecutive weeks in any newspaper of general
circulation at least thirty (30) calendar days prior to the consultations and
shall be posted in a conspicuous place in the municipality or barangay where
the project is to be located.

All expenses incurred relating to the notices shall be borne by the project
Proponent.

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

The proceedings shall be duly recorded, with such record being attached to
the Social Acceptability Report that shall be rendered by the hearing officers
designated by the Commission within fifteen (15) working days from the
termination of the consultations: Provided, That the Social Acceptability
Report shall be part of the documentary requirements in the environmental
impact report, whether in the form of an EIS 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 Acceptability 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
Acceptability Report.

12


‘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 Court. -

(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 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

(b) The issuance of a temporary restraining order or a writ of preliminary
injunction shall automatically suspend the efficacy of a previously
issued Environmental Compliance and shall allow prosecution against
the Proponent for a violation of this Act.

(c) The temporary restraining 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.

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

SECTION 25. Citizen Suits. - For purposes of enforcing the provisions of this
‘Act or its implementing rules and regulations, any citizen may file an
appropriate civil, criminal, or administrative action in the proper courts
against:

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

(b) The Commission or other implementing agencies with respect to orders,
rules and regulations issued inconsistent with this Act; and

13


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

Provided, That no court action shall be filed earlier than thirty (30) days after
receipt of the notice given to the concerned public officer or the alleged
violator, and no appropriate action has been taken thereon.

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 facie showing of the non-enforcement or violation complained of:
Provided, That no injunction bond shall be required 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 the court action is malicious and baseless, the
court shall dismiss the action accordingly and award attorney’s fees and
damages, as it may deem 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 or civil action. Such civil or criminal action shall proceed
independently of the administrative action.

SECTION 27. Suits and Strategic Actions Against Public Participation for
the Enforcement of this Act. - It shall be the duty of the investigating
prosecutor or the court, 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 or stifle legal resources, the prosecutor or the court shall
terminate the investigation or 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.

SECTION 29. Power to Issue Order. — Upon a verified complaint by any
person or motu proprio, the Commission shall require the Proponent to
remedy any practice which was not made in accordance with the provisions

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of this Act, its implementing rules and regulations, or other orders, laws,
statute, or standard pertaining to environmental, safety or health concerns:
Provided, That in case of imminent danger to life or property, the Commission
may issue a cease and desist order and summarily suspend the operations
and activities until appropriate measures are taken by the Proponent and the
danger is removed.

SECTION 30. Grounds for Non-issuance or Revocation of an
Environmental Compliance Certificate. - An Environmental Compliance
Certificate shall in no case be issued, and a previously issued Environmental
Compliance Certificate shall be suspended or revoked by the Commission or
the Bureau, as the case may be, upon the following grounds:

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

{b) Violation of or non-compliance with the terms and conditions of the
Environmental Compliance Certificate;

(c) Non-payment of taxes or fees;

(d) Falsehood or omission of statements and facts in the EIS, IEE, Project
Description, or any part thereof, or during the conduct of public
consultations such as, but not limited to, scoping sessions and public
hearings; or

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

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

SECTION 31. Revocation of a Certificate of Non-Coverage. ~ A 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 making
a proper determination, reclassify the project as a critical project or ask the
Proponent to submit additional requirements: Provided, 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 same actions, liabilities and penalties as if
the project is a critical project.

SECTION 32. Strict Liability in Cases of Loss, 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

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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: Provided, further, That the showing of a violation or non-compliance
of 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’s fault or negligence.

SECTION 33. Solidary Liability of Chief Operating or Executive Officer of
the Proponent Firm or Corporation. - The separate and distinct legal
personality of the Proponent Firm notwithstanding, the chief operating offi
chief executive officer, and principal investors of the Proponent Firm 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 corporation and foreign firms licensed to do business 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 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, or 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 shall be jointly and severally liable for actual, moral, or exemplary
damages with the Proponent firm, and principal investors, as may be found
by the court.

SECTION 35. Violations of Terms and Conditions of the Environmental
Compliance Certificate. - Any project Proponent found in violation of the
terms and conditions set forth in the Environmental Compliance Certificate
shall face closure, suspension of development or construction or cessation of
operations: 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, or 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 ten (10) years
at the discretion of the court, and shall be jointly and severally Hable for
actual, moral, or exemplary damages with the proponent firm, and the
principal investors, as may be found by the court.

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SECTION 36. False Statements or Representation. — Any project Proponent
who is found to have knowingly and willfully made a false representation or
an untruthful or incomplete presentation of material or relevant facts and
findings to the government or to the public shall be fined a minimum of fifty
thousand Philippine pesos (PhP 50,000.00) but not more than one hundred
thousand Philippine pesos (PhP 100,000.00), upon the discretion of the
Commission, for every false representation or statement. In cases where
harm, loss or injury be sustained by the community or any of its members as
a result of a false representation or statement, whether or not made knowingly
or willfully, the Proponent shall be fined a minimum of two hundred fifty
thousand Philippine pesos (PhP 250,000.00) to a maximum ten percent (10%)
of the project cost or five hundred thousand Philippine pesos (Php
500,000.00), 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.

SECTION 37. Violations by Public Officials of the Duties Reposed by This
Act. - Any government official tasked with the implementation of this Act or
any of its components who fails to enforce the provisions of this Section shall
be charged administratively and, if found guilty pursuant to Section 24, be
subject either to suspension from office for a minimum period of one (1) year
without pay, or to separation from service without benefits, subject to existing
civil service laws. Further, the violator shall be held criminally liable and be
imprisoned for a period not less than two (2) years but not more than five (5)
years, at the discretion of the Court.

SECTION 38. Financial Guarantees for Environmental Rehabilitation and
Injuries to Communities. - The Commission shall establish a mechanism
that systematically addresses the need for clean-up and rehabilitation of
areas damaged as a result of the implementation of projects taking into
consideration the resources required to undertake the rehabilitation
activities, as well as to ensure just and timely compensation for any adverse
effect which project or program implementation may directly or indirectly
cause to the environment or the community. For these purposes, the program
and project Proponents shall be required to put up a guarantee fund and/or
any other trust, insurance, or financial mechanism as the Commission may
deem appropriate: Provided, That the guarantee fund or funds shall be utilized
for damage caused during any stage of project implementation and after the
termination of the project or program: Provided, further, That the
ablishment of such funds shall not exempt the proponents from civil or
minal liability for violations of this Act, its implementing rules and
regulations, or the terms and conditions imposed upon them by the
Commission.

CHAPTER VII
IMPLEMENTATION MECHANISM AND RESPONSIBILITIES


SECTION 39. National Environmental Protection Commission. ~ To carry
out the policies herein set forth, there shall be created the National
Environmental Protection Commission, which shall replace the National
Environmental Protection Commission created by Presidential Decree No.
1121, and which shall be the primary government agency responsible for the
implementation of this Act and the formulation of its implementing rules and
regulations. It shall also be the lead agency in the conduct of environmental
impact assessments and issuance of Environmental Compliance Certificates.

SECTION 40. Mandate. - The Commission shall protect and promote the
people’s right to a healthful environment and at all times shall be guided by
the principles of sustainable development and meaningful public
participation in its decision-making processes.

In no instance may the Commission be put under the supervision or control
of the Department of Environment and Natural Resources.

SECTION 41. Composition. - ‘The Commission shall be an independent
agency under the Office of the President and shall be composed of three (3)
Commissioners, one of whom shall be the Chairperson.

‘The Board of Commissioners shall be comprised in this wise:
(a) One (1) Commissioner shall come from the scientific community with
expertise in natural resource management and conservation of aquatic
ecosystems and biodiversity;
(b) One (1) Commissioner shall come from the scientific community with
expertise in natural resource management and conservation of
terrestrial ecosystems and biodiversity; and

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

st one Commissioner shall be female.

Provided, That at lea

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.

SECTION 42. Qualifications, Tenure, and Compensation. - The
Chairperson and the two (2) Commissioners must be natural born Filipino
citizens, are at least thirty-five (35) years of age at the time of appointment,
with at least ten (10) year experience in their field of expertise, and must be
of proven honesty and integrity: Provided, That the Commissioners shall hold
office for a period for a period of three (3) years: Provided, further, That no
person shall serve for more than two (2) consecutive terms and that in case of
a vacancy, the new appointee must fully meet the qualifications of a

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Commissioner and hold office for a full term and in no case shall a member
be appointed or designated in a temporary or acting capacity.

‘The Chairperson and the Commissioners shall be entitled to compensation in
accordance with laws on compensation of public officers and employees.

SECTION 43. Removal from Office. — Any member of the Commission may
be removed from office by the President of the Philippines upon a verified
complaint by any adversely affected community, before the expiration of his
term for cause and after complying with due process requirements of law.

SECTION 44. Appointment of Commissioners. ~ The President of the
Republic of the Philippines shall appoint the three (3) Commi:
Commission within sixty (60) days from the effectivity of this Act.

SECTION 45. Powers and Functions. - To accomplish its mandate, the
Commission shall have the following powers and functions:

(a) Serve as the primary government agency responsible for the
implementation of this Act;

(b) Promulgate rules and regulations necessary for the implementation of
this Act;

(c) Regularly monitor, review, and assess such rules and regulations 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;

(c) Monitor and require the continued compliance of the 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;

(g) Formulate minimum environmental compliance standards;

(h) Provide technical assistance for the implementation of this A

(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 are interfering, or

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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;

j) Assist and supervise the conduct of public consultations and ensure
that such are carried out according to the policy set forth in this Act;

(k) Conduct public hearings in cases where there is a strong showing of
concern by the public over the proposed project, policy or program;

(i) 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

(m) Formulate and disseminate information on environmental
sessment 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 supervisions of the
Commission and is responsible directly to the Commissioners and has
the mandate of enhancing public health and environmental protection
through effective management of Commission’s human, financial, and
physical resources.

(b) Office of Enforcement and Compliance Assurance - is primarily
responsible for the enforcement of this Act and its rules and
regulations, for the review of documentary and other submissions and
requirements in relation to the issuance of Environmental Compliance
Certificates, and the assurance of compliance by projects to
environmental 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 banc on the issuance or non-issuance of Environmental
Compliance Certificates.

(1) Office of Environmental Justice - is responsible for community
concerns, with special attention to indigenous groups, fisherfolk,

20


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.

(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.

(c) Office of the 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 the 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.

(e) 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 and 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. - There 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 Speaker of the House of Representatives, respectively. The Oversight
Committee shall be co-chaired by a senator and a representative designated
by the Senate President and the Speaker of the House of Representatives,
respectively.

CHAPTER VIII
CREATION AND LOCALIZED MANAGEMENT OF AN ENVIRONMENTAL
IMPACT ASSESSMENT ADMINISTRATION FUND

a


SECTION 51. Establishment of an Environmental Impact Assessment
Fund Administration Fund. - There is hereby created a revolving fund to be
known as the Environmental Impact Assessment Administration Fund or the
“Fund” to cover administrative expenses and other program costs directly
incurred in Environmental Impact Assessment review, assessment and
monitoring. The Fund, which may be generated from various source, shall
entitle the donor or grantor thereof to corresponding exemption from income
or gift taxes and all other related impositions by proper government agencies.
All income otherwise generated from fees, fines and penalties directly related
to the implementation of the Environmental Impact Assessment System shall
accrue to the Fund and may be utilized by the Commission for the above
purposes: Provided, That the Commission shall provide the proper guidelines
for the sourcing, utilization and proper accounting of the Fund: Provided,
further, That all information regarding the Fund, including, but not limited
to, its transactions and its status shall be accessible to the public at any time
observing the policy laid down in Section 46 of this Act.

SECTION 52. Localized Management of the Environmental Impact
Assessment Administration Fund. — The Commission shall facilitate the
creation of corresponding local structures and mechanisms for the localized
sourcing and management of Environmental Impact Assessment
Administration Funds.

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

SECTION 58. Appropriations. - The amount of One Hundred Million
Philippine Pesos (Php 100,000,000.00) shall be appropriated for the initial
implementation of this Act.

CHAPTER Ix
FINAL PROVISIONS

SECTION 54. Separability Clause. - If 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), are hereby amended or repealed accordingly. Presidential Decree
No. 1121 is hereby repealed.

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SECTION 56. Effectivity. - This Act shall take effect fifteen (15) days after
s publication in the Official Gazette or in two (2) newspapers of general
ulation.

Approved,

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