1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
SECOND REGULAR SESSION 
House Bill No. ________ 
Introduced by REP. MARLYN B. ALONTE 
EXPLANATORY NOTE 
The Environmental Assessment System bill seeks to address the present or perceived 
legal and implementation limitations and weaknesses in Presidential Decree 1586 of 1978 or 
the Philippine Environmental Impact Statement (EIS) System, a general law which is being 
implemented through mere administrative orders in encroachment on the powers of the 
legislative branch. The bill intends to resolve confusions and disagreements among project 
proponents, agencies, non-government organizations and other stakeholders resulting from 
differences in the interpretation of the said law by the implementing agency. 
The proposed legislation establishes the Environmental Assessment System (EAS), 
covering any policy, plan, or program which has the potential for significant adverse impact 
on the environment. Any concern can already be addressed as early as the conceptualization 
stage of the project, and ensure its alignment with Philippine development and sustainability 
goals. The EAS will cause the assessment and mitigation of anticipated impacts, and serve to 
identify the most practicable alternatives for attaining positive outcomes.  
The EAS features the Strategic Environmental Assessment (SEA) for policies, plans 
and programs; and the Environmental Impact Assessment (EIA) for projects. 
The SEA shall apply to proposals relating to public sector policy, plans and programs 
involving identified strategic sectors and investment areas.  It will also cover development 
plans or land use from the national level down to municipal/city levels.  
This bill will still retain, but streamline and rationalize, the current EIS System. EIA 
will still be needed for projects deemed as critical or tend to pose significant adverse impact 
on the environment. These include heavy industries, major manufacturing industries, major 
resource-extractive and -intensive industries, and major infrastructure projects. 
With the Philippines in the cusp of a construction boom under its “Build Better More” 
vision, more infrastructure will soon rise to move goods, connect people, address water 
security, provide energy access, and support social needs. These endeavors notwithstanding, 
the nation must ensure that progress is achieved without sacrificing present and future 
environmental goals. Such concern will be appropriately addressed by this proposed measure. 
In view of the foregoing, the passage of this bill is earnestly sought. 
  REP. MARLYN B. ALONTE 
Lone District of Biñan 
July 20, 2023
2:41 pm
8594


2 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
SECOND REGULAR SESSION 
House Bill No. ________ 
Introduced by REP. MARLYN B. ALONTE 
AN ACT TO ESTABLISH THE PHILIPPINE ENVIRONMENTAL 
ASSESSMENT SYSTEM, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
PRELIMINARY TITLE 
Chapter 1 
Basic Policies 
SECTION 1. Short Title. - This Act shall be known and referred to as the 
“Philippine Environmental Assessment System Act”.  
SEC. 2. Declaration of Policy. - The State shall adhere to the principles of 
sustainable development. To this end, balanced consideration of environmental protection, 
human health, and socio-economic developments shall be ensured by government through the 
assessment of significant environmental impacts of policies, plans, programs and projects and 
the prescription of appropriate protection and control measures. The implementation of this 
State policy shall be guided by the following principles: 
a)
A proactive approach to integrating environmental considerations into strategic
decision making, consistent with sustainable development principles;
b)
A systems-oriented and integrated approach in the analysis and solution to
environmental concerns vis-à-vis development programs;
c)
Conservation of biological diversity and the sustainable use of its components in
all phases of development activity, especially in the context of climate change
and disaster risk reduction;
d)
Promotion of transparency and public participation in environmental assessment
system;
e)
Adoption of systematic decentralization of environmental assessment and
institutionalization of local environmental expertise;
f)
Strengthening environmental monitoring and evaluation mechanisms; and
g)
Establishment of mechanisms to sustain the environmental assessment system.
8594


 
 
3 
Chapter 2 
Definition of Terms 
 
SEC. 3. Definition of Terms. - As used in this Act: 
 
a) 
Agency refers to the relevant government department, bureau or office, at all 
levels, including government-owned and controlled corporations, with mandate 
over the preparation, evaluation, approval, implementation, or monitoring of a 
policy, plan, program or project; 
 
b) 
Bureau refers to the Environmental Management Bureau;  
 
c) 
Co-located projects refer to projects, or series of projects or a project subdivided 
into several phases or stages, and located in a contiguous area;   
 
d) 
Critical project refers to a project or activity that has the potential for significant 
adverse environmental impact, as determined by the Bureau in accordance with 
the provisions of this Act; 
 
e) 
Cumulative effects refer to the effects on the environment which result from the 
incremental effect of an activity or a set of activities in combination with the 
effects of other activities in the area, past and present, regardless of the person 
or agency that undertakes such other activities; 
 
f) 
Department refers to the Department of Environment and Natural Resources;  
 
g) 
Environmental assessment refers to a process of systematic analysis, evaluation 
and management of the potential environmental effects of a policy, plan, 
program or project before a decision on the said policy, plan, program or project 
is made. The term includes both Strategic Environmental Assessment (SEA) and 
Environmental Impact Assessment (EIA);  
 
h) 
Environmental Impact Assessment refers to the process of predicting and 
evaluating the likely impacts of a project (including cumulative impacts) on the 
environment during construction, commissioning, operation, and abandonment.  
It also includes designing appropriate preventive, mitigating, and enhancement 
measures addressing these consequences to protect the environment; 
 
i) 
EIA Report refers to the document of studies on the environmental impacts of a 
project, including the discussions on direct and indirect consequences upon 
ecological and environmental integrity.  The EIA Report may vary from project 
to project but shall contain in every case all relevant information and details 
about the proposed project, including the appropriate mitigating and 
enhancement measures to address the identified environmental impacts; 
 
j) 
Environmental impact refers to any change that the policy, plan, program or 
project may cause in the environment, including any effect of any such change 
on health and socio-economic conditions; 
 


4 
k)
Environmental management plan refers to the details of the preventive,
mitigating, and enhancement measures of a proposed project, including
monitoring and evaluation thereof, and shall form part of the EIA Report;
l)
Policy, plan or program refers to new or modified framework or courses of
action, strategies, guidelines or measures proposed by a concerned agency or
local government unit (LGU) to define or implement its mandate under relevant
laws. The term includes those financed and/or co-financed by international
organizations and proposed to the head of an agency or LGU;
m)
Proponent refers to any person seeking to implement a relevant policy, plan,
program or project.  This includes government agencies, government-owned and
controlled corporations, LGUs, and private entities; and,
n)
Strategic Environmental Assessment refers to the management/planning tool for
a systematic evaluation of the environmental consequences of a proposed
policy, plan or program in order to ensure that they are fully considered and
appropriately addressed at the earliest stage of decision-making.
TITLE I 
ENVIRONMENTAL ASSESSMENT SYSTEM 
Chapter 1 
General Provisions 
SEC. 4. Environmental Assessment System. - The Environmental Assessment 
System (EAS) is hereby established which shall cover Strategic Environmental Assessment 
(SEA) and Environmental Impact Assessment (EIA).  The EAS shall be implemented for 
purposes of identifying, analyzing, evaluating, and managing the direct and indirect impacts 
of a policy, plan, program or project on the environment, health, and socio-economic issues 
or conditions, and ensuring that these impacts are addressed by appropriate environmental 
protection and control measures.  It shall help identify the most practicable alternatives for 
achieving positive outcomes and minimizing potentially adverse effects of policies, plans, 
programs, and projects. 
SEC. 5. Coverage of the Environmental Assessment System (EAS).  - Any policy, 
plan, program or project which has the potential for significant adverse impact on the 
environment shall be covered by the EAS.   
Chapter 2 
Strategic Environmental Assessment 
SEC. 6. Applicability of the SEA. - The SEA shall be required for a proposed policy, 
plan or program when all of the following conditions exist: 
a)
The proposal relates, but not limited, to agriculture, forestry, fisheries, energy,
health, resource extraction, infrastructure, transport, waste management, water
management, tourism, coastal zone management, national, regional, provincial
and municipal/city development planning or land use; and


5 
b)
Implementation of the proposal may result in significant adverse environmental
impact, including health and socio-economic impact: Provided, That SEA shall
not be required for policy, plan or program for proposals involving national
security, as declared by the President of the Philippines: Provided, further, That
within five (5) years from the date of effectivity of this Act, SEA shall apply to
the following:
(1)
National development plans, policies, and programs, such as the
Philippine Development Plan;
(2)
Sectoral plans, policies, and programs, such as those relating to agriculture
livestock, environment and natural resources, energy, infrastructure and
industries;
(3)
Sub-national development plans and programs, such as regional,
provincial and local development and land use plans, including those
formulated by the Mindanao Development Authority, Palawan Council for
Sustainable Development, and other similar bodies;
(4)
Policies involving biosafety, genetically modified organism (GMO), and
bioprospecting; and
(5)
Indigenous peoples’ development plans.
SEC. 7. Undertaking SEA. - The proponent shall conduct the SEA as an integral part 
of the formulation of the policy, plan or program for the purpose of identifying the most 
practicable alternatives for achieving positive outcomes and minimizing potentially adverse 
effects of the policy, plan or program. SEA may be carried out corresponding to the stages of 
policy, plan or program formulation and may involve sequential assessments of various 
components of the policy, plan or program.  
The SEA to be undertaken shall specify, but not be limited to, the following 
information: 
a)
Description of the policy, program, or plan in summary, and process of
organization to implement SEA;
b)
Scope of the SEA study and the main environmental issues related to the policy,
program, or plan, specifying environmental impacts and cumulative effects to be
considered, including past environmental issues and relevant trends in the state
of the environment;
c)
Assessment of the policy, program, or plan vis a vis environmental and
sustainable development considerations; and
d)
Recommended options to prevent or mitigate any significant adverse
environmental impacts resulting from the implementation of the policy, plan, or
program, including the focus of any subsequent EIAs, and measures for
monitoring environmental aspects of its implementation.


 
 
6 
SEC. 8.  Inter-agency Steering Committee on SEA. - There is hereby created an 
Inter-agency Steering Committee on SEA (IASCS) that shall oversee the undertaking of SEA 
pursuant to this Act.  The IASCS shall be composed of the following: 
 
a) 
Secretary of the Department of Environment and Natural Resources; 
b) 
Secretary of the Department of Interior and Local Government; 
c) 
Secretary of Socio-Economic Planning; 
d) 
Secretary of the Department of Science and Technology; 
e) 
Secretary of the Department of Agriculture; 
f) 
Secretary of the Department of Budget and Management; 
g) 
Secretary of the Department of Public Works and Highways; 
h) 
Secretary of the Department of Energy; 
i) 
Secretary of the Department of Transportation; 
j) 
Secretary of the Department of Health; 
k) 
Secretary of the Department of Tourism 
l) 
Chairman of the Housing and Land Use Regulatory Board; 
m) 
Chairman of the National Commission on Indigenous Peoples; 
n) 
Secretary of the Department of Trade of lndustry;  
o) 
One representative from the Local Government Unit 
p) 
One representative from the environmental NGOs;  
q) 
One representative from the academe; and 
r) 
One representative from the business sector.  
 
 
The representatives of the environmental NGOs and business sector shall be 
appointed by the President from a list of nominees submitted by their respective sectors. They 
shall serve for a term of six (6) years without reappointment, unless their representation is 
withdrawn and/or replaced by the concerned sector, in which case, the new appointee shall 
serve only for the unexpired term of the predecessor. 
 
Only the ex officio members of the IASCS shall appoint a qualified permanent 
representative who shall hold a rank of no less than an Undersecretary, or its equivalent.  
 
SEC. 9.  Executive Committee and Secretariat. - The IASCS shall be headed by an 
Executive Committee, composed of the Secretaries of the Department of Environment and 
Natural Resources, Department of Interior and Local Government, and the Social Planning 
Office, who shall elect among themselves the chairman of the IASCS.  The National 
Economic and Development Authority (NEDA) shall serve as the secretariat of the IASCS. 
 
SEC. 10. Powers and Functions of the IASCS. - The IASCS shall have the 
following powers and functions: 
 
a) 
Ensure the mainstreaming of SEA into policies, plans and programs; 
 
b) 
Formulate implementing rules and regulations on SEA pursuant to this Act, 
including the provisions for the progressive implementation of SEA in 
accordance with Section 6 of this Act; 
 
c) 
Exercise policy coordination to ensure the attainment of the goals and objectives 
set in this Act; 
 


 
 
7 
d) 
Recommend legislation, policies, strategies, programs on and appropriations for 
SEA and other related activities; 
 
e) 
Create an enabling environment that shall promote broader multi-stakeholder 
participation; 
 
f) 
Formulate and update guidelines for determining and facilitating the provision 
of technical assistance for their implementation and monitoring; 
 
g) 
Ensure compliance of all concerned agencies with this Act; 
 
 
h) 
Facilitate capacity building for SEA implementation and monitoring; and 
 
i) 
Oversee the dissemination of information on SEA. 
 
Chapter 3 
Environmental Impact Assessment (EIA) For Specific Projects 
 
SEC. 11.  Applicability of EIA. - Critical projects, as determined by the Bureau in 
accordance with this Act, shall undertake an EIA for specific projects. These critical projects 
are presumed to have the potential for significant adverse impact on the environment. For 
purposes of determining critical projects, the Bureau shall consider the nature of the project 
and its potential to cause significant adverse environmental impacts.  Critical projects shall 
include, but not limited to, heavy industries, major manufacturing industries, major resource -
extractive industries, major resource-intensive projects like golf courses, major infrastructure 
projects, and other similar projects. 
 
Micro-, small-, and medium-scale projects and other similar activities not ascertained 
as critical shall be governed by the concerned LGUs, which shall integrate environmental 
safeguards in their local permitting system and/or complementary environmental assessment 
policies. 
 
Critical projects, the impact of which is specifically addressed in a SEA, may be 
required by the Bureau to undertake an appropriate environmental assessment study. 
 
Existing projects, which are deemed critical under this Act but operating without an 
Environmental Compliance Certificate (ECC) required under Sec. 4 of PD 1586, shall be 
given two (2) years from the date of the effectivity of this Act within which to comply with 
the provisions of this law. 
 
SEC. 12. Review of EIA. - The EIA Report shall be reviewed by a multi-disciplinary 
team of independent experts convened by the Bureau for that purpose.  The team shall make a 
report of its findings and recommendation on the issuance or non-issuance of the Certificate 
of Proponent’s Environmental Commitment (CPEC). The cost of such review shall be 
financed by the proponent through a fund manager, whether government or private.  
 
SEC. 13. Decision on the EIA. - After a review of the EIA Report and the 
recommendations of the EIA Review Team, the Bureau may issue a Certificate of 
Proponent’s Environmental Commitment (CPEC) certifying that the proposed project has 
integrated environmental considerations into its overall project design and management, that 


 
 
8 
the assessment is technically sound at the feasibility study stage, and that the proposed 
preventive, mitigating, and enhancement measures are appropriate.  The CPEC shall also 
certify that the proponent has demonstrated its commitment to implement the approved 
Environmental Management Plan (EMP) for its proposed project, as planned, and the 
corresponding Monitoring and Evaluation.  
 
The CPEC shall be limited to the results of the assessment of the environmental 
impacts of the proposed project.  It shall not, in any manner, exempt the proponent from 
securing other government permits and clearance required by other laws, nor shall it be 
construed as resolving issues within the mandate of other government agencies, such as those 
relating to land ownership and possession rights. 
 
All concerned national government agencies and local government units shall 
consider the CPEC and relevant EIA documents in their decision-making process. 
 
Proponents of a project within an economic zone with approved programmatic CPEC 
shall be governed by the permitting and monitoring system of the said estate or zone. 
 
SEC. 14. Environmental Safeguards for non-Critical Projects. - Proponents of 
projects that are not covered pursuant to the preceding sections may be required by the 
Bureau to implement environmental safeguards.  The Bureau shall establish an evaluation 
system therefor.  
 
SEC. 15. EIA for Co-located Projects.  - The Department shall require and approve 
programmatic EIA for projects or series of projects subdivided into several phases or stages, 
or consisting of several components, or a cluster of projects co-located in an area, such as, but 
not limited to, economic zones, small-scale mining, livestock, aquaculture, and mariculture 
projects: Provided, however, That no economic zone shall operate without programmatic EIA 
approved by the DENR: Provided, further, That existing economic zones shall prepare and 
implement approved programmatic EIA within two (2) years following the effectivity of this 
Act: Provided, finally, That economic zones which are practically fully covered with EIA 
under PD 1586 shall submit appropriate minimum requirements for their programmatic EIA 
in order to avoid duplication of the requirements under PD 1586. 
 
The EIA requirements and conditions for co-located projects under the EAS shall be 
guided by an assessment of the cumulative impacts and carrying capacity as may be 
determined from ecological profiles of the area.  
 
The programmatic CPEC under this provision shall be issued by the Bureau. 
 
SEC. 16. Financial Guarantee Mechanism. - As part of the CPEC requirements, the 
Bureau may require project proponents to put up a financial guarantee mechanism to respond 
to the need for clean-up or rehabilitation of areas that may be damaged, whether directly or 
indirectly, or through occurrences, anthropogenic or otherwise, by a project, during and after 
its operation.      
 
Provisions for financial liability shall ensure just and timely compensation for any 
adverse effects which project implementation may directly or indirectly cause on the 
environment or the community. 
 


 
 
9 
The instruments acceptable for compliance with this provision are trust funds, 
environmental insurance, cash funds, financial test mechanism, self-insurance and other 
guarantee instruments. The choice of guarantee mechanisms, or of combinations thereof, 
shall depend primarily on: a) the probability and magnitude of the risks involved, as culled 
from new and existing information and determined through environmental and health risk 
assessment, and b) the financial capability of the proponent: Provided, That such proponent 
shall show proof of compliance with the requirement for contingent liability by furnishing the 
Department with evidence of availment of such mechanism. 
 
SEC. 17.  Accreditation of Preparers and Reviewers. - The Bureau shall establish a 
system of accreditation for preparers and reviewers of EIA, which shall take into 
consideration their competence, expertise, track record, integrity and independence.  The 
Bureau may delegate the accreditation process to a third party, government or private.   
 
No employee of the Department or Bureau shall, in any manner whatsoever, directly 
or indirectly, participate in the preparation of the EIA.   
 
SEC. 18. Non-Liability to the Authenticity of EIA Documents. - The documents 
that may be required by the Bureau for the conduct of an EIA shall be used solely to 
determine the scope and potential impacts of proposed projects on the environment.  The 
Bureau shall not be liable to any allegations or conclusions of fraud, falsification, or 
misrepresentation attending the submitted documents.  Any issues or disputes that may arise 
from such documents shall be resolved in appropriate forums, courts or tribunals.  
 
 SEC. 19. Consultation and Public Participation in the EIA. - All proponents of 
critical projects shall, at the earliest stage of the EIA process, inform and consult the 
concerned local government units and communities that will be affected by the proposed 
project to ensure that environmentally relevant concerns are taken into consideration in the 
EIA study and in the formulation of the EMP.   
 
It shall be done through public hearing, whenever appropriate, which is publicly 
announced and where all valid comments are heard and considered.  
 
SEC. 20. Multi-partite Monitoring Team and Environmental Monitoring Fund. - 
Multi-partite monitoring teams (MMTs) shall be organized to encourage public participation, 
promote greater stakeholder vigilance, and provide appropriate check and balance 
mechanisms in the monitoring of project implementation. 
 
The MMTs shall be composed of representatives of the relevant national agencies, 
local government units, non-governmental organizations, and other stakeholders in the 
affected communities.  The government representatives shall be selected by the Bureau based 
on the relevance of their mandates, while those from non-governmental organizations and 
affected communities shall be selected from among themselves in a process facilitated by the 
concerned LGU and certified by the Bureau.  
 
MMTs can be project-based or clustered by province/municipality or by sector.  Such 
clustering shall be accomplished upon the recommendation of any of the members of the 
MMTs comprising the cluster and shall be convened with the assistance of the Bureau and 
the concerned LGU.  Cluster members shall agree on a manual of operations, a fund manager, 
and scheme for shared monitoring.  
 


 
 
10 
The proponent shall establish an Environmental Monitoring Fund (EMF) to support 
the activities of the MMT.  The Bureau shall promulgate the rules for the administration and 
management of the EMF: Provided, That in no case shall such fund be used other than for the 
purpose that it was established. 
 
TITLE II 
MISCELLANEOUS PROVISIONS  
 
Chapter 1 
Fines and Penalties  
 
SEC. 21. Sanctions for Violations. - Any critical project which shall operate without 
the required CPEC 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 CPEC has been issued: Provided, That the project proponent shall be fined 
an amount not less than One Hundred Fifty Thousand Pesos (P 100,000.00) but not more than 
Twenty Million Pesos (P 20,000,000.00) depending on the magnitude of the environmental 
risks and upon the final decision of the Bureau: Provided, further, That the chief operating 
officer or executive officer of the proponent firm shall be held criminally liable and shall be 
imprisoned for a period not less than two (2) years but not more than ten (10) years, at the 
discretion of the Court.  
 
Any project proponent found in violation of the EMP shall be imposed a fine in the 
amount of not less than Fifty Thousand Pesos (P 50,000.00) for every violation, depending 
upon the type and impact of the violation, but not more than Ten Million Pesos                      
(P 10,000,000.00) per violation, plus cost of damages, at the discretion of the Bureau:  
Provided, That the Bureau may order the closure, suspension of development or construction, 
or cessations of operations if the violation of the EMP is continued.  
 
Chapter 2 
Institutional Arrangement 
 
SEC. 22. Agencies Responsible in the Implementation of the Act. - Unless 
otherwise provided by this Act, the Department shall serve as the primary agency responsible 
for the implementation of the EAS.  It may secure the assistance of environmental units of 
other government agencies, academic and research institutions, and environment 
professionals in undertaking its responsibilities under this Act. 
 
For this purpose, an environmental unit shall be established and/or strengthened in 
each concerned government agency. Furthermore, it shall be the responsibility of all 
concerned government agencies to share information or data necessary to effectively evaluate 
reports required pursuant to this Act. 
 
Concerned government agencies shall establish appropriate permanent organizational 
structures and systems to address the requirements of the EAS.  
 
SEC. 23. Establishment of an Environmental Assessment System Division.  - In 
order to effectively implement the provisions of this Act, an Environmental Assessment 
System (EAS) Division is hereby established within the Bureau. 
 


 
 
11 
 SEC. 24. Decentralization of Functions and Capacity Building for LGUs. - The 
Department shall, within one (1) year from the effectivity of this Act, develop guidelines for 
the decentralization of functions of the Bureau under this Act to the Regional Offices. 
 
The Department, in coordination with the Department of Interior and Local 
Government (DILG), shall, within two (2) years from the effectivity of this Act, provide 
technical resources and leadership to assist LGUs and entities in acquiring capacity and 
expertise for rational and effective implementation of their functions under this Act. For this 
purpose, each LGU concerned shall establish its Environment Natural Resources Office 
within One (1) year following the effectivity of this Act. 
 
SEC. 25. Local Capacity-Building in Environmental Assessment System. - The 
Department, through the Bureau, shall, in coordination with the DILG, lead the development 
and implementation of a national capacity building program in environmental assessment. To 
ensure the rational devolution of functions mandated in Section 24 hereof, the program shall 
be operational within two (2) years from the effectivity of this Act.  
 
The national program for capacity building shall identify target entities as well as 
functions for devolution and prepare the target entities for the local implementation of the 
EAS or its components in accordance with the objectives of this Act.  
 
SEC. 26.  Knowledge Management System. -  The Bureau shall establish a database 
management system for purposes of gathering, keeping, disseminating and updating all 
information relative to the implementation of the EAS. As part of the database management 
system, the Bureau shall create a public registry of all CPECs issued.  
 
SEC. 27.  Public Disclosure. - All documents generated as part of the EAS shall be 
accessible to the public upon request made during office hours, except those information 
deemed protected under Rep. Act No. 8293, otherwise known as the Intellectual Property 
Code of the Philippines: Provided that, the executive summary of the SEA, EIA, EMP, and 
CPEC shall likewise be disclosed by the Bureau and proponents to the public through the 
internet.   
 
Chapter 3 
Actions 
 
 
SEC. 28. Administrative Action. - Without prejudice to the right of any affected 
person to file an administrative action, the Department shall, on its own instance or upon 
verified complaint by any person, institute administrative proceedings against any person 
who violates the provisions of this Act and the orders, rules and regulations promulgated 
pursuant thereto.  
 
 
SEC. 29. Citizen Suits. - For purposes of enforcing the provisions of this Act or its 
implementing rules and regulations, any citizen may file an appropriate civil or criminal 
action in the proper courts against:  
 
a) 
Any person who violates or fails to comply with the provisions of this Act, its 
implementing rules and regulations, or orders issued pursuant thereto; or 
 
b) 
The Department or other implementing agencies with respect to orders, rules 
and regulations issued inconsistent with this Act; and 


 
 
12 
c) 
Any public officer who willfully or grossly neglects the performance of an act 
specifically enjoined 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, however, That no citizen suit can be filed until after a thirty (30)-day notice 
has been taken thereon. 
 
 
The court shall exempt such action from the payment of filing fees, and shall likewise, 
upon prima facie showing of the non-enforcement or violation complained of, exempt the 
plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.  
 
Within thirty (30) days, the court shall make a determination if the complaint herein is 
malicious and/or baseless, and shall accordingly dismiss the action and award attorney’s fees 
and damages.  
 
 
SEC. 30. Independence of Action. - The filing of an administrative suit against such 
person/entity does not preclude the right of any other person to file any criminal or civil 
action. Such civil action shall proceed independently.  
 
 
SEC. 31. Suits and Strategic Legal Actions Against Public Participation and the 
Enforcement of This Act. - Where  a suit is brought against a person who filed an action as 
provided in Section 28 of this Act, or against any  person, institution or government agency 
that implements this Act, it shall be the duty of the investigating  prosecutor or the court, as 
the case may be, to immediately make a determination not exceeding thirty (30)  days 
whether said legal action has been filed to harass, vex, exert undue pressure or stifle such 
legal  recourses of the person complaining of or enforcing the provisions of this Act.  Upon 
determination thereof, evidence warranting the same, the court shall dismiss the case and 
award attorney’s fees and double damages.  
 
 
This provision shall also apply and benefit public officers who are sued for acts 
committed in their official capacity, there being no grave abuse of authority, and done in the 
course of enforcing this Act.  
 
Chapter 4 
Establishment of an EAS Management Fund 
 
SEC. 32. Environmental Revolving Fund. - The Environmental Revolving Fund 
(ERF) created under Presidential Decree No.1586 shall remain to be operational. It shall be 
used primarily for defraying administrative expenses, equipment purchases or leases and 
other program costs directly incurred in the review, assessment and monitoring of the EAS.  
 
The ERF may be sourced from donations, endowments and grants in the form of 
contributions. Such endowments shall be exempt from income or gift taxes and all other 
taxes, charges or fees imposed by the government or any political subdivision, 
instrumentality or agency. It shall also include funds to be provided by proponents for the 
review of specific projects. All income likewise generated from fees, fines and penalties 
directly related to the implementation of the EAS shall accrue to the ERF and may be utilized 
directly by the Department for the above purposes.  
 


 
 
13 
All fund transactions shall, however, be subject to the usual auditing procedures in 
accordance with existing laws. 
 
SEC. 33. Appropriations. - An amount of One hundred million pesos                       
(P 100,000,000.00) shall be appropriated for the initial implementation of this Act. 
 
SEC. 34. Transitory Provision. - Non-Highly Urbanized Cities and Third, Fourth, 
Fifth, and Sixth Class Municipalities shall be given a five (5)-year grace period within which 
to comply with the provisions of this Act on SEA. 
 
SEC. 35. Implementing Rules and Regulations. - Unless otherwise provided in this 
Act, the Department, in coordination with other concerned agencies, shall promulgate the 
implementing rules and regulations of this Act, within one (1) year after its effectivity. 
 
The Department and the IASCS, in coordination with other concerned government 
agencies, shall undertake such review and updating of the implementing guidelines of the 
EAS every two (2) years thereafter. 
 
 SEC. 36.  Joint Congressional Oversight Committee. - There is hereby created a 
Joint Congressional Oversight Committee to monitor the implementation of the provisions 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 the Chairpersons of the Senate 
Committee on Environment and House Committee on Ecology.  
 
Chapter Five   
Final Provisions 
 
SEC. 37. Separability Clause. - Should any provision herein be subsequently 
declared unconstitutional, the same shall not affect the validity or legality of the other 
provisions of this Act. 
 
SEC. 38. Repealing Clause. - Presidential Decree No. 1586, except Section 10 
thereof, Presidential Proclamation No. 2146, Executive Order No. 803, and Office of the 
President Administrative Order No. 42, series of 2002 are hereby repealed. All laws, orders, 
rules and regulations or any part thereof which are inconsistent with the provisions of this Act 
are hereby amended or modified accordingly. 
 
SEC. 39. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in any newspaper of general circulation. 
 
Approved,