NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
/•V 
ur.i1'
24 mRl4 AlO-16
SENATE
S. No. H609
Rtcr.iVcD ij”;
Introduced by Senator Loren B. Legarda
AN ACT
ESTABLISHING A COMPREHENSIVE PHILIPPINE ENVIRONMENTAL 
ASSESSMENT SYSTEM, CREATING THE NATIONAL ENVIRONMENTAL 
PROTECTION AGENCY AND ALLOCATING FUNDING THEREFOR
EXPLANATORY NOTE
The proposed legislation seeks to revise, update, and render relevant the 
current Environmental Assessment System to comprehensively address (a) Strategic 
Environmental Assessment or SEA for policies, plans, and programs; (b) 
Environmental Impact Assessment (EIA) for specific projects; and (c) Health Impact 
Assessment under the Universal Healthcare Act.
This bill addresses the gaps in Presidential Decree No. 1151, or the "Philippine 
Environmental Policy," and Presidential Decree No. 1586, or the "Philippine 
Environmental Impact Statement System of 1978," as well as address the bureaucratic 
requirement needed to obtain project approvals and improve the treatment of projects 
in environmentally critical areas. The entire system, referred to as the Philippine 
Environmental Impact Statement System, uses the Procedural Manual for the 
Environmental Impact Assessment to facilitate the attainment and maintenance of a 
rational and orderly balance between socio-economic development and 
environmental protection.


This bill acknowledges the importance of incorporating environmental 
considerations from the early stages of planning and continuing throughout the 
implementation process. It also emphasizes the need to align development objectives 
with the Philippine Development Plans. Furthermore, the bill advocates for the 
selection of the most environmentally friendly alternatives that can effectively meet 
national demands and priorities. It also suggests the adoption of Strategic 
Environmental Assessment (SEA) for both long- and short-term policies, plans, and 
programs in the country. This approach aims to ensure that environmental factors are 
considered at a strategic level, providing a comprehensive framework for decision­
making.
Finally, the bill recognizes the significance of aligning national policies and 
actions with various international agreements and frameworks. Specifically, the bill 
prioritizes adherence to the United Nations Millennium Declaration, the United 
Nations Framework Convention on Climate Change, the Sendai Framework for 
Disaster Risk Reduction, the UN Decade for Ecosystem Restoration, and the Hyogo 
Framework for Action, among other relevant commitments.
In view of the foregoing, the passage of this bill is earnestly sought.
LOREN LEG ARD A


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
S. No.
SENATE
2609
fr^e I'y
24 MI\R 14 A10-.16
Introduced by Senator Loren B. Legarda
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AN ACT
ESTABLISHING A COMPREHENSIVE PHILIPPINE ENVIRONMENTAL 
ASSESSMENT SYSTEM, CREATING THE NATIONAL ENVIRONMENTAL 
PROTECTION AGENCY AND ALLOCATING FUNDING THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
PRELIMINARY TITLE 
Chapter 1 
Basic Policies
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Section 1. Short Title. - This Act shall be known and referred to as the
5 
"Philippine Environmental Assessment System Act."
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Sec. 2. Declaration of Policy. - The State shall adhere to the principles of
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sustainable development. To this end, it shall ensure balanced consideration of
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environmental protection, human health, and socio-economic development through
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the assessment of significant environmental impacts of policies, plans, programs, or
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projects, and the prescription of appropriate protection and control measures. The
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implementation of this State policy shall be guided by the following principles:
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(a) A proactive approach to integrating environmental considerations into
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strategic decision making, consistent with sustainable development
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principles;


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(b) A systems-oriented and integrated approach in the analysis and solution to
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environmental concerns vis-a-vis development programs;
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(c) Conservation of biological diversity and the sustainable use of its
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components in all phases of development activity, especially in the context
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of climate change and disaster risk reduction;
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(d) Promotion of transparency and public participation in environmental
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assessment system;
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(e) Adoption of systematic decentralization of environmental assessment and
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institutionalization of local environmental expertise;
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(f) Strengthening environmental monitoring and evaluation mechanisms; and
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(g) Establishment of mechanisms to sustain the environmental assessment
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system.
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Sec. 3. Definition of Terms.- For purposes of this Act, the following terms shall
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be defined as follows:
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(a) “Agency" shall refer to the relevant government department, bureau or
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office, at all levels, including government-owned and controlled
17 
corporations, with mandate over the preparation, evaluation, 
approval,
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implementation, or monitoring of a policy, plan, program or project;
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(b) "Bureau" shall refer to the Environmental Management Bureau which shall
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transition to the National Environmental Protection Agency within five (5)
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years from the passage of this Act;
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(c) "Co-located Projects" shall refer to projects, or series of projects or a project
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subdivided into several phases or stages, and located in a contiguous area;
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(d) "Cumulative Effects" shall refer to the effects on the environment which
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result from the incremental effect of an activity or a set of activities in
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combination with the effects of other activities in the area, past and present,
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regardless of the person or agency that undertakes such other activities;
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(e) "Department" shall refer to the Department of Environment and Natural
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Resources;
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(f) "Environmental Assessment" shall refer to a process of systematic analysis,
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evaluation and management of the potential environmental effects of a


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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);
(g) "Environmental Impact Assessment" shall refer 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;
(h) "Environmental Impact Assessment (EIA) Report" shall refer 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;
(i) "Environmental Impact" shall refer 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;
(j) "Environmental Management Plan" shall refer 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.
(k) "Environmentally Critical Project" shall refer 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;
(l) "Policy, Plan or Program" shall refer 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


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co-financed by international organizations and proposed to the head of an 
agency or LGU;
(m) 
"Proponent" shall refer 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;
(n) "Strategic Environmental Assessment" shall refer 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.
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TITLE I
ENVIRONMENTAL ASSESSMENT SYSTEM 
Chapter 1
General Provisions
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Sec. 4. Environmental Assessment System. - The Environmental Assessment
17 
System (EAS) is hereby established which shall cover Strategic Environmental
18 
Assessment (SEA) and Environmental Impact Assessment (ElA). The EAS shall be
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implemented for purposes of identifying, analyzing, evaluating, and managing the
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direct and indirect impacts of a policy, plan, program, or project on the environment,
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health, and socio-economic issues, and ensuring that these impacts are addressed by
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appropriate environmental protection and control measures. It shall help identify the
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most practicable, benign, and ecologically restorative alternatives for achieving
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positive outcomes and minimizing potentially adverse effects of policies, plans,
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programs, and projects.
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Sec. 5. Coverage of the Environmental Assessment System (EAS). - Any policy,
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plan, program or project which has the potential for significant adverse impact on the
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environment shall be covered by the EAS.


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Chapter 2
Strategic Environmental Assessment
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Sec. 6. Applicability of the SEA.- The SEA shall be required for a proposed policy,
4 
plan, or program when all of the following conditions exist:
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(a) The proposal relates, but not limited, to agriculture, forestry, fisheries, energy,
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health, resource extraction, infrastructure, transport, waste management, water
7 
management, tourism, coastal zone management, national, regional, provincial
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and municipal/city development planning or land use; and
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(b) Implementation of the proposal may result in significant adverse
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environmental impact, including health and socio-economic impact.
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Provided, that, SEA shall not be required for policy, plan or program for
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proposals involving national security, as declared by the President of the Philippines.
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Provided, further, that, within five (5) years from the date of effectivity of this Act, SEA
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shall apply to the following:
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(a) National development plans, policies, and programs, such as the Philippine
16 
Development Plan;
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(b) Sectoral plans, policies, and programs, such as those relating to agriculture
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livestock, enviromnent and natural resources, energy, infrastructure and
19 
industries;
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(c) Subnational development plans and programs, such as regional, provincial and
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local development and land use plans, including those formulated by the
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Mindanao Development Authority, Palawan Council for Sustainable
23 
Development, and other similar bodies;
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(d) Policies involving biosafety, genetically modified organism (GMO), and
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bioprospecting; and
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(e) Indigenous peoples' development plans.
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Sec. 7. Undertaking SEA. - The proponent shall conduct the SEA as an integral
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part of the formulation of the policy, plan, or program for the purpose of identifying
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the most practicable alternatives for achieving positive outcomes and minimizing
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potentially adverse effects of the policy, plan or program. SEA may be carried out


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corresponding to the stages of policy, plan or program formulation and may involve
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sequential assessments of various components of the policy, plan, or program.
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The SEA to be undertaken shall specify, but not be limited to, the following
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information:
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(a) Description of the policy, program, or plan in summary, and process of
6 
organization to implement SEA;
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(b) Scope of the SEA study and the main environmental issues related to the policy,
8 
program, or plan, specifying environmental impacts and cumulative effects to
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be considered, including past environmental issues and relevant trends in the
10 
state of the environment;
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(c) Assessment of the policy, program, or plan vis-a-vis environmental and
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sustainable development considerations;
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(d) Where applicable, climate projections prepared by the Philippine Atmospheric,
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Geophysical, and Astronomical Services Administration (PAGASA) shall be
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used in the conduct of relevant modeling, studies, and assessment, as may be
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required;
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(e) Assessment of the policy, program, or plan to disaster risk vulnerability, and
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its capacity to adapt to climate change; and
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(f) Recommended options to prevent or mitigate any significant adverse
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environmental impacts resulting from the implementation of the policy, plan,
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or program, including the focus of any subsequent El As, and measures for
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monitoring environmental aspects of its implementation.
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Sec. 8. Inter-agency SEA Council. - There is hereby created an Inter-agency SEA
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Council (lASC) composed of the following:
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(a) Secretary of the Department of Environment and Natural Resources,
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Chairperson;
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(b) Secretary of the Department of Science and Technology, Vice Chairperson;
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(c) Secretary of Socioeconomic Planning, Member;
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(d) Secretary of the Department of Interior and Local Government, Member;
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(e) Secretary of the Department of Agriculture, Member;
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(f) Secretary of the Department of Public Works and Highways, Member;


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(g) Secretary of the Department of Energy, Member;
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(h) Secretary of the Department of Transportation and Communications, Member;
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(i) Secretary of the Department of Health, Member;
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0) Secretary of the Department of Tourism, Member;
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(k) Chairman of the Housing and Land Use Regulatory Board, Member;
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(1) Chairman of the National Commission on Indigenous Peoples, Member;
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(m) One representative from the Local Government Unit, Member;
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(n) One representative from the environmental NGOs, Member; and
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(o) One representative from the business sector. Member.
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Representatives of the environmental NGOs and business sector shall be
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appointed by the President from a list of nominees submitted by their respective
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sectors. They shall serve for a term of six (6) years without reappointment, unless their
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representation is withdrawn and/or replaced by the concerned sector, in which case,
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the new appointee shall serve only for the unexpired term of the predecessor.
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Only the ex-ojficio members of the lASC shall appoint a qualified permanent
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representative who shall hold a rank of no less than an Undersecretary or its
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equivalent.
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In coordination with the National Economic Development Authority, the
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Council shall determine their agencies' SEA and comprehensively determine the
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expected outcomes of several development scenarios to inform the Philippine
21 
Development Plan, local development plans and area development plans.
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Sec. 9. Secretariat. - The Department of Environment and Natural Resources
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shall act as the secretariat of the lASC and shall be the official repository of all
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documents and records thereof.
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Sec. 10. Powers and Functions of the lASC. - Aside from the primary function as
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stated in Section 8, final paragraph, the lASC shall have the following powers and
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functions:
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(a) Ensure the mainstreaming of SEA into policies, plans and programs;
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(b) Formulate implementing rules and regulations on SEA pursuant to this Act,
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including the provisions for the progressive implementation of SEA in
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accordance with Section 6 of this Act;


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(c) Exercise policy coordination to ensure the attainment of the goals and
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objectives set in this Act;
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(d) Recommend legislation, policies, strategies, programs on and appropriations
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for SEA and other related activities;
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(e) Create an enabling environment that shall promote broader multi-stakeholder
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participation;
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(f) Formulate and update guidelines for determining and facilitating the provision
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of technical assistance for their implementation and monitoring;
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(g) Ensure compliance of all concerned agencies with this Act;
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(h) Facilitate capacity building for SEA implementation and monitoring; and
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(i) Oversee the dissemination of information on SEA.
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(j) Report annually to the President and the public on the expected environmental
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impact of the PDP, especially on the cumulative and synergistic impacts of
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public works as well as the ecosystems from which materials for these works
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are derived.
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Chapter 3
Environmental Impact Assessment (ElA) for Specific Projects
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Sec. 11. Applicability of El A. - Environmentally critical projects, as determined
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by the Bureau in accordance with this Act, shall undertake an El A for specific projects.
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These critical projects are presumed to have the potential for significant adverse
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impact on the environment. For purposes of determining critical projects, the Bureau
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shall consider the nature of the project and its potential to cause significant adverse
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environmental impacts. Critical projects shall include, but not limited to, heavy
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industries, major manufacturing industries, resource-extractive industries, major
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infrastructure projects, and other similar projects.
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All projects not covered above shall be governed by the concerned LGUs, and
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existing LGU policies which shall integrate environmental safeguards which in their
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local permitting system and/or complementary environmental assessment policies.


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Environmentally critical projects, the impact of which is specifically addressed
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in a SEA, may be required by the Bureau to undertake an appropriate environmental
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assessment study.
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Existing projects, which are deemed critical under this Act but operating
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without an Environmental Compliance Certificate (ECC) required under Sec. 4 of PD
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1586, shall be given three (3) years from the date of the effectivity of this Act within
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which to comply with the provisions of this law. After such time, the State shall
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undertake the ElA Report and charge the project owner for the services.
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Sec. 12. Review of EIA. - The EIA Report shall be reviewed by a multi-
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disciplinary team of independent experts convened by the Bureau for that purpose.
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The team shall make a report of its findings and recommendation on the issuance or
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non-issuance of the Certificate of Proponent's Environmental Commitment (CPEC).
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The cost of such review shall be financed by the proponent through a fund manager,
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whether government or private.
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Sec. 13. Decision on the EIA. - After a review of the EIA Report and the
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recommendations of the EIA Review Team, the Bureau may issue a Certificate of
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Proponent's Environmental Commitment (CPEC) certifying that the proposed project
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has integrated environmental considerations into its overall project design and
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management, that the assessment is technically feasible, and that the proposed
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preventive, mitigating, and enhancement measures are appropriate. The CPEC shall
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also certify that the proponent has demonstrated its commitment to implement the
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approved Environmental Management Plan (EMP) for its proposed project, as
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planned, and the corresponding Monitoring and Evaluation.
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The CPEC shall be limited to the results of the assessment of the environmental
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impacts of the proposed project. It shall not, in any manner, exempt the proponent
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from securing other government permits and clearance required by other laws, nor
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shall it be construed as resolving issues within the mandate of other government
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agencies, such as those relating to land ownership and possession rights.
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All concerned national government agencies and local government units shall
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consider the CPEC and relevant EIA documents in their decision-making process.


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Sec. 14. Environmental Safeguards for non-Etwironnientally Critical Projects. -
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Proponents of projects that are not covered pursuant to the preceding sections may be
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required by the Bureau to implement environmental safeguards. The Bureau shall
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establish an evaluation system therefor.
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Sec. 15. EIA for Co-located Projects. - The Department shall require
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programmatic EIA for projects or series of projects subdivided into several phases or
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stages, or consisting of several components, or a cluster of projects co-located in an
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area, such as, but not limited to, industrial estates, export processing zones, small-
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scale mining, livestock, aquaculture, and mariculture projects.
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The EIA requirements and conditions for co-located projects under the EAS
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shall be guided by an assessment of the cumulative impacts and carrying capacity as
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may be determined from ecological profiles of the area.
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The CPEC under this provision shall be issued by the Bureau.
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Sec. 16. Financial Guarantee Mechanism. - As part of the CPEC requirements, the
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Bureau may require project proponents to put up a financial guarantee mechanism to
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respond to the need for clean-up or rehabilitation of areas that may be damaged,
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whether directly or indirectly, or through occurrences, anthropogenic or otherwise,
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by a project, during and after its operation.
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Provisions for financial liability shall ensure just and timely compensation for
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any adverse effects which project implementation may directly or indirectly cause on
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the environment or the community.
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The instruments acceptable for compliance with this provision are trust funds,
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environmental insurance, cash funds, financial test mechanism, self-insurance, and
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other guarantee instruments. The choice of guaranteed mechanisms, or of
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combinations thereof, shall depend primarily on: a) the probability and magnitude of
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the risks involved, as culled from new and existing information and determined
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through environmental and health risk assessment, and b) the financial capability of
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the proponent; Provided, that such proponent shall show proof of compliance with the
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requirement for contingent liability by furnishing the Department with evidence of
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availment of such mechanism.
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Section 17. Accreditation of Preparers and Revieuvrs. - The Bureau shall establish
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a system of accreditation for preparers and reviewers of EIA, which shall take into
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consideration their competence, expertise, track record, integrity, and independence.
4 
The Bureau may delegate the accreditation process to a third party, government or
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private.
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No employee of the Department or Bureau shall, in any manner whatsoever,
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directly, or indirectly, participate in the preparation of the EIA.
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Sec. 18. Non-Liability to the Authenticity of EIA Documents. - The documents that
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may be required by the Bureau for the conduct of an EIA shall be used solely to
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determine the scope and potential impacts of proposed projects on the environment.
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The Bureau shall not be liable to any allegations or conclusions of fraud, falsification,
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or misrepresentation attending the submitted documents. Any issues or disputes that
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may arise from such documents shall be resolved in appropriate forums, courts, or
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tribunals.
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Sec. 19. Consultation and Public Participation in the EIA. - All proponents of
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environmentally critical projects shall, at the earliest stage of the EIA process, inform
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and consult the concerned local government units and communities that will be
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affected by the proposed project to ensure that environmentally relevant concerns are
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taken into consideration in the EIA study and in the formulation of the EMP.
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It shall be done through public hearing, whenever appropriate, which is
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publicly announced and where all valid comments are heard and considered.
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Sec. 20. Multi-partite Monitoring Team and Environmental Monitoring Fund. -
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Multi-partite monitoring teams (MMTs) shall be organized to encourage public
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participation, promote greater stakeholder vigilance, and provide appropriate check
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and balance mechanisms in the monitoring of project implementation.
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The MMTs shall be composed of representatives of the relevant national
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agencies, local government units, non-governmental organizations, and other
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stakeholders in the affected communities. The government representatives shall be
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selected by the Bureau based on the relevance of their mandates, while those from
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non-governmental organizations and affected communities shall be selected from
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among themselves in a process facilitated by the concerned LGU and certified by the
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Bureau.
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MMTs can be project-based or clustered by province/municipality or by sector.
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Such clustering shall be accomplished upon the recommendation of any of the
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members of the MMTs comprising the cluster and shall be convened with the
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assistance of the Bureau and the concerned LGU. Cluster members shall agree on a
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manual of operations, a fund manager, and scheme for shared monitoring.
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The proponent shall establish an Environmental Monitoring Fund (EMF) to
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support the activities of the MMT. The Bureau shall promulgate the rules for the
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administration and management of the EMF: Provided, that, in no case shall such fund
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be used other than for the purpose for which it was established.
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TITLE II
MISCELLANEOUS PROVISIONS 
Chapter 1
Fines and Penalties
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Sec. 21. Sanctions for Violations. - Any environmentally critical project which
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shall operate without the required CPEC shall face closure, suspension of
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development or construction, or cessation of operations until such time that proper
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environmental safeguards are put in place and the necessary CPEC has been issued;
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Provided, that, the project proponent shall be fined an amount not less than One
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Hundred Fifty Thousand Pesos (Phpl00,000.00) but not more than Twenty Million
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Pesos (Php20,000,000.00) depending on the magnitude of the environmental risks and
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upon the final decision of the Bureau. Provided, further, that the chief operating officer
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or executive officer of the proponent firm shall be held criminally liable and shall be
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imprisoned for a period not less than two (2) years but not more than ten (10) years,
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at the discretion of the Court.
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Any project proponent found in violation of the EMP shall be imposed a fine
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in the amount of not less than Fifty Thousand Pesos (Php50,000.00) for every violation,
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depending upon the type and impact of the violation, but not more than Ten Million
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Pesos (PhplO/000,000.00) per violation, plus cost of damages, at the discretion of the
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Bureau. Provided, that the Bureau may order the closure, suspension of development
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or construction, or cessations of operations if the violation of the EMP is continued.
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Chapter 2
Institutional Arrangement
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Sec. 22. Agencies Responsible in the Implementation of the Act. - Unless otherwise
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provided by this Act, the Department shall serve as the primary agency responsible
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for the implementation of the EAS. It may secure the assistance of environmental
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units of other government agencies, academic and research institutions, and
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environment professionals in undertaking its responsibilities under this Act.
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For this purpose, an environmental unit shall be established and/or
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strengthened in each concerned government agency. Furthermore, it shall be the
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responsibility of all concerned government agencies to share information or data
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necessary to effectively evaluate reports required pursuant to this Act.
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Concerned government agencies shall establish appropriate permanent
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organizational structures and systems to address the requirements of the EAS.
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Sec. 23. Establishment of the National Environmental Protection Agency. - In order
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to effectively implement the provisions of this Act, there is hereby created a National
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Environmental Protection Agency that shall be the implementing agency for the
20 
System and shall report to the lASC and the President. The Bureau shall be given a
21 
period of five years within which to make the transition to this Agency. It shall be
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headed by a General Manager with Salary Grade 28 who shall propose necessary
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staffing in the General Appropriations Act.
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Sec. 5. 24. Natural Capital Accounting. - The Philippine Statistics Authority, the
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National Economic Development Authority and the Department of Environment and
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Natural Resources shall endeavor to assist all agencies of government and private
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entities generating their EIA to make full use of natural capital accounts as generated
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under the Natural Capital Accounting Roadmap.
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Sec. 25. Decentralization and Devolution of Functions. - The Department shall,
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within one (1) year from the effectivity of this Act, develop guidelines for the
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decentralization of functions of the Bureau, and after five years of the Agency under
4 
this Act to the Regional Offices or capable local government units. The Department
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and the 1ASC shall issue the guidelines to determine such capability.
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The Department, in coordination with the Department of Interior and Local
7 
Government (DILG), shall, within two (2) years from the effectivity of this Act,
8 
provide technical resources and leadership to assist LGUs and entities in acquiring
9 
capacity and expertise for rational and effective devolution of functions under the
10 
HAS. The devolution of functions shall be made after the concerned LGUs, and entities
11 
have been assessed to be technically capable of such functions.
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Sec. 26. Local Capacity-Building in Emnronniental Assessment System. - The
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Department, through the Bureau and later the Agency, shall, in coordination with the
14 
DILG, lead the development and implementation of a national capacity building
15 
program in environmental assessment. To ensure the rational devolution of functions
16 
mandated in Section 24 hereof, the program shall be operational within two (2) years
17 
from the effectivity of this Act.
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The national program for capacity building shall identify target entities as well
19 
as functions for devolution and prepare the target entities for the local implementation
20 
of the HAS or its components in accordance with the objectives of this Act.
21 
Sec. 27. Knowledge Management System. - The Bureau shall establish a database
22 
management system for purposes of gathering, keeping, disseminating, and updating
23 
all information relative to the implementation of the EAS. As part of the database
24 
management system, the Bureau shall create a public registry of all CPECs issued.
25 
Sec. 28. Public Disclosure. - All documents generated as part of the EAS shall be
26 
accessible to the public upon request made during office hours, except that
27 
information deemed protected under Republic Act No. 8293, otherwise known as the
28 
Intellectual Property Code of the Philippines: Provided that, the executive summary of
29 
the SEA, EIA, EMP, and CPEC, shall likewise be disclosed by the Bureau and
30 
proponents to the public through the internet.
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Chapter 3 
Actions
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Sec. 29. Administrative Action. - Without prejudice to the right of any affected
4 
person to file an administrative action, the Department shall, on its own instance or
5 
upon verified complaint by any person, institute administrative proceedings against
6 
any person who violates the provisions of this Act and the orders, rules and
7 
regulations promulgated pursuant thereto.
8 
Sec. 30. Citizen Suits. - For purposes of enforcing the provisions of this Act or
9 
its implementing rules and regulations, any citizen may file an appropriate civil or
10 
criminal action in the proper courts against:
11 
(a) Any person who violates or fails to comply with the provisions of this Act, its
12 
implementing rules and regulations, or orders issued pursuant thereto; or
13 
(b) The Department or other implementing agencies with respect to orders, rules
14 
and regulations issued inconsistent with this Act; and
15 
(c) Any public officer who willfully or grossly neglects the performance of an act
16 
specifically enjoined as a duty by this Act or its implementing rules and
17 
regulations; or abuses his authority in the performance of his duty; or, in any
18 
manner, improperly performs his duties under this Act or its implementing
19 
rules and regulations.
20 
Provided, however, that, no citizen suit can be filed until after a thirty (30)-day
21 
notice has been taken thereon.
22 
The court shall exempt such action from the payment of filing fees, and shall
23 
likewise, upon prima facie showing of the non-enforcement or violation complained of,
24 
exempt the plaintiff from the filing of an injunction bond for the issuance of a
25 
preliminary injunction.
26 
Within thirty (30) days, the court shall make a determination if the complaint
27 
herein is malicious and/or baseless and shall accordingly dismiss the action and
28 
award attorney's fees and damages.
15


1 
Sec. 31. Independence of Action. - The filing of an administrative suit against such
2 
person/entity does not preclude the right of any other person to file any criminal or
3 
civil action. Such civil action shall proceed independently.
4 
Sec. 32. Suits and Strategic Legal Actions Against Public Participation and the
5 
Enforcement of This Act. - Where a suit is brought against a person who filed an action
6 
as provided in Section 28 of this Act, or against any person, institution or government
7 
agency that implements this Act, it shall be the duty of the investigating prosecutor
8 
or the court, as the case may be, to immediately make a determination not exceeding
9 
thirty (30) days whether said legal action has been filed to harass, vex, exert undue
10 
pressure or stifle such legal recourses of the person complaining of or enforcing the
11 
provisions of this Act. Upon determination thereof, evidence warranting the same,
12 
the court shall dismiss the case and award attorney's fees and double damages.
13 
This provision shall also apply and benefit public officers who are sued for acts
14 
committed in their official capacity, there being no grave abuse of authority, and done
15 
in the course of enforcing this Act.
16
17
Chapter 4
Establishment of an EAS Management Fund
18 
Section 33. Environmental Revolving Fund. - The Environmental Revolving Fund
19 
(ERF) created under Presidential Decree No.l586 shall remain to be operational. It
20 
shall be used primarily for defraying administrative expenses, equipment purchases
21 
or leases and other program costs directly incurred in the review, assessment, and
22 
monitoring of the EAS. The ERF may be sourced from donations, endowments, and
23 
grants in the form of contributions. Such endowments shall be exempt from income
24 
or gift taxes and all other taxes, charges or fees imposed by the government or any
25 
political subdivision, instrumentality, or agency. It shall also include funds to be
26 
provided by proponents for the review of specific projects. All income likewise
27 
generated from fees, fines and penalties directly related to the implementation of the
28 
EAS shall accrue to the ERF and may be utilized directly by the Department for the
29 
above purposes.
16


1 
All fund transactions shall, however, be subject to the usual auditing
2 
procedures in accordance with existing laws.
3 
Sec. 34. Appropriations. - An amount of One hundred million pesos
4 
(PI00,000,000.00) shall be appropriated for the initial implementation of this Act and
5 
shall be allocated for the time it will take for the establishment of the NEPA within the
6 
five-year deadline.
7 
Sec. 35. Implementing Rules and Regulations. - Unless otherwise provided in this
8 
Act, the Department, in coordination with other concerned agencies, shall promulgate
9 
the implementing rules and regulations of this Act, within one (1) year after its
10 
effectivity.
11 
The Department and the lASCS, in coordination with other concerned
12 
government agencies, shall undertake such review and updating of the implementing
13 
guidelines of the EAS every two (2) years thereafter.
14 
Chapter 5
15 
Final Provisions
16 
Sec. 36. Transitory Provision. - Non-Highly Urbanized Cities, and Third, Fourth,
17 
Fifth, and Sixth Class Municipalities shall be given a five (5)-year grace period within
18 
which to comply with the provisions of this Act on SEA. The Department of
19 
Environment and Natural Resources shall take the necessary steps for the smooth
20 
transition of the Bureau to establish the NEPA and propose the funding necessary for
21 
the same.
22 
Sec. 37. Separability Clause. - Should any provision herein be subsequently
23 
declared unconstitutional, the same shall not affect the validity or legality of the other
24 
provisions of this Act.
25 
Sec. 38. Repealing Clause. - Presidential Decree No. 1586, except Section 10
26 
thereof. Presidential Proclamation No. 2146, Executive Order No. 803, and Office of
27 
the President Administrative Order No. 42, series of 2002 are hereby repealed. All
28 
laws, orders, rules and regulations or any part thereof which are inconsistent with the
29 
provisions of this Act are hereby amended or modified accordingly.
17


1 
Sec. 39. Date of Effectwity. - This Act shall take effect fifteen (15) days after its
2 
publication in the official Gazette or in two (2) newspapers of general circulation.
Approved,
18