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

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8229

Introduced by DIWA Party-list Representative Pepito M. Pico

EXPLANATORY NOTE

Section, 2, Article 12 of our Constitution states that, “All lands of the public
domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. Further, it provides that, “The exploration,
development, and utilization of natural resources shall be under the full control and
supervision of the State.

This bill, a re-filing of House Bill No. 771 filed by former DIWA Paty-list
Representative Emmeline Villar, seeks to create an Environmental Impact Assessment
Act in order to create metrics that will enable the government to pursue environmental
offenders and abusers. This bill is also relevant in regulating extractive industries
which harm our environment. I earnestly seek the passage of this bill in order for the
State to carry out its Constitutional mandate of protecting and advancing the right of
the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.

Na)

PERITO M. PICO
Representative, DIWA Party-list

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

SEVENTEENTH CONGRESS
Third Regular Session
8599

House Bill No.

Introduced by DIWA Party-list Representative Pepito M. Pico

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:

SECTION 1. Short Title. This Act shall be known as the “Environmental
Impact Assessment Act.”

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 as the responsibility as trustee of the environment for
future generations.

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

(c) Filipinos should be assured of a safe 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.

© Histori
cal, cultural and natural aspects of the country’s national patrimony
shall be preserved.

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(f) 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 processes.

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

© “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 Protection
Commission created by virtue of this Act.
(e) “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 life.

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

(2) “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” refer to all projects
declared by the Commission as a critical project, as the latter is defined
in this Section.

@ “Environmental Impact Assessment” refers to the processes of
identifying, forecasting and evaluating the future state of the
environment as a consequence of a particular activity

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@ “Environmental Impact Statement” refers to the documentation
of the processes undergone by a project to assess it environmental
impacts, and which includes documentary requirements as determined
according to the nature or type of project being proposed.

(k) “Environmental Impact Statement” refers to the documentation
of the studies of the environmental impact of a project, including to a
discussion of the direct and indirect consequences upon human welfare
and ecological and environmental integrity. An Environmental Impact
Statement may vary from project to project but shall in every case
contain all relevant environmental information and details about the
project.

wo “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 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:

(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.

©) “Proponent” refers to 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.

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

ro) “Public Participation” means an open, transparent, gender-
sensitive, fair, truthful, and community-based process consisting of
one or several activities the primary object of which is to provide a
venue where relevant issues concerning the project and its effects on
the environment, including on the health of persons and communities
and their quality of life, are to be presented and discussed by all
stakeholders, at all relevant stages of project implementation including
project planning and development and post-assessment monitoring.

() “Social Acceptability” refers to the acceptance of a projected by
affected communities based on timely and informed participation in the
assessment process with particular regard to environmental impacts
that are of concern to them.

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10) “Social Acceptability” 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) “Stakeholder includes all persons or entities who may be
significantly affected by the project or undertaking, whether directly or
indirectly.

CHAPTER IL
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 in tending to implement any
project which may have adverse impact on the environment shall undertake an
Environmental Impact Assessment to disclose the potential impacts of the proposed
project or activity for public review.

The Environmental Impact Assessment shall be integrated into the planning
process, and shall require public participation as described in Section 17 of this Act.

The assessment process should result in the production of an Environmental
Impact Assessment Report, which shall disclose all findings and contain all
requirements, including but not limited to the Free and Prior Informed Consent
document, a list of applicable national and local environmental laws and ordinances,
and others as provided in Sections 10 and 11 of this Act.

SECTION 6. Coverage. - The 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 Act.

SECTION 7. Taxonomy and Guidelines of Appraisal. - To enable the
Commission to effectively pursue the intent and purpose of the Environmental Impact
Assessment System, a technical classification and evaluation scheme shall 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:

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

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

© 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; or

© 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) Ifa 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 tothe 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 guidelines to be promulgated by the
Commission

(©) If a project is falls under Type C, the Proponent shall submit a
Project Description to the Commission which shall, thereafter and
within a reasonable time after the submission of the Project
Description, determine whether the Proponent will be further
required to submit an EIS or an IEE. The same shall apply Type D
projects.

Prior to any development or further activity, projects which have

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

Co-located projects shall be required to conduct an Environmental

Impact Assessment that shall consider the cumulative environmental impacts of

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all the project components. A single Environmental Compliance Certificate
coveting 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 distinet 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
participation, and containing the Free and Prior Informed Consent
document,

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

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

(6) 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 envitOnmcotal laws, including
but not limited to ordinances and land and water use plans, which
require compliance;

(j) Supporting Documents, such as documents on technical and socio-
economic data used, gathered, or generated;

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

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

(m)For projects or undertakings with significant impact on women, a
specific chapter in the socio-economic impact assessment shall
be devoted to a discussion and consideration of gender issues.

(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.

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

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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;

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

@

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

e

(A documentation of the consultative process undertaken, when

appropriate;

A matrix of mitigation and enhancement measures;

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;

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;

@)

c)

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

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

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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 of the Environmental Compliance Certificate and
administrative, civil, or criminal charges.

SECTION 13. Local Monitoring Bodies. - Local monitoring bodies 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 the terms and conditions set forth in the Environmental
Compliance Certificate or Certificate of Non-Coverage.

CHAPTER II
PROGRAMMATIC ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM.

SECTION 14. Mainstreaming Environmental Impact Assessment in
National Policy Formulation, - Cognizant of the need to ensure the formulation of
policies, programs, and plans founded upon sound environmental considerations
and the principles of sustainable development, it is hereby declared the policy of the
State to systematically integrate Environmental Impact Assessment concepts and
processes in various phases of policy formulation by all national agencies and
instrumentalities 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 environ ment.al safeguards in to 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;

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

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

SECTION 16. Relationship with the per project Environmental Impact
Assessment System. - As such policy and planning tool, the Policy and Programmatic
Environmental Impact Assessment, provided in 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 the Free and Prior Informed Consent of affected persons or
communities, shall be a condition precedent to the approval of any program or
project. Toward this end, Proponents of projects shall, at all times, be required to
conduct scoping sessions and submit to public consultations.

SECTION 19. Nature and Purpose of Public Consultations and Sco
Processes. - Environmental assessment processes, including the public consultation
and scoping procedures, are not conducted for the purpose of encouraging or
soliciting the concerned communities’ approval of or support for the project being
discussed, but as a fair, truthful, and comprehensive forum where all parties may
present relevant issues concerning the project and its perceived significant effects on
the environment, including the health of persons and communities and their quality of
life. It shall be incumbent upon project Proponents and representatives from local
government units and other government agencies, including those agencies with
jurisdiction over the project, to present all and any relevant data and aspects of the
project that may affect the community, whether positively or adversely. Such data
shall be complete, accurate, and unbiased.

Within six (6) months from the effectivity of this Act, the Commission shall
promulgate implementing rules and regulations to ensure the objectivity of the
conduct of the Environmental Impact Assessment and the truthfulness of all
presentations and representations made therein by all parties thereto. The said
implementing rules and regulations shall also provide for penalties where parties,
including representatives from local government units and other government agencies,
including those with jurisdiction over the project, fail to comply with the duties and
responsibilities vested upon them by this Section.

SECTION 20. Conduct of Scoping. - Scoping shall be initiated by the

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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;

(c) Establish an agreement at the outset of the Environmental
Impact Assessment between the Proponent, the Department of
Environmental 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;

(€) 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.

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 scoping 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 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

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conspicuous place in the municipality or barangay where the project is to be located.
All expenses incurred relating to the notices shall be home 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, which 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 em'lronmental 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.

Commission shall issue necessary guidelines for the proper conduct of
consultations to obtain the most truthful and accurate expression of people's consent
to the proposed project. In the conduct of consultations, all parties shall adhere to the
standards set by the Commission for such purpose.

CHAPTER V
ACTIONS

SECTION 23. Jurisdiction of the Courts. —

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

(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 Certificate
and shall allow prosecution against the Proponent for a violation
of the provisions of this Act.

(©) The temporary restraining order or writ of preliminary injunction
shall be enforceable throughout the Republic of the Philippines.

(4) 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.

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SECTION 24. Administrative Action. - Without prejudice to the right of any
affected person to file any other criminal or civil action, 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

(©) 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 die notice given to the concemed 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 foes, 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
detem ination shows that the court action is malicioils and baseless, the court shall
dismiss the action accordingly and award attorney's fees and damages, as it may seem
appropriate.

SECTION 26. Independent Action. - The filing of an administrative action
against such person or entity does not preclude the tight 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 Legal Actions Against Public
ion and for the Enforcement of this Act. - It shall be the duty of the

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investigating prosecutor or the court, as the case may be, to immediate 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 Orders. - 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 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. - 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 terms and conditions of
the Environmental Compliance Certificate;

(b) Non-payment of taxes or fees;

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

(a) 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.

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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 the 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 uljttry to persons and property: Provided, That it is
dearly shown that the act or omission complained of is in violation or non-
compliance of this Ace, its implementing rules and regulations, or the terms and
conclusions set form in tle. Environmental Compliance Certificate or CNC:
Provided, further, That the showing of a violation or non-compliance to this Act, its
implementing rules and regulations, or to the terms and conditions of an
Environmental Compliance Certificate shall be a conclusive prescription of the
proponent’ fault or negligence.

SECTION 33. Solidary Liability of Chief Operating or Executive Officer
of Proponent Firm or Corporation. - The separate and distinct legal personality of
the Proponent firm notwithstanding, the chief operating officer, 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 corporations 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: Proiidec4 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 the principal investors, as
may be found by the court.

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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 than ten (10) years at dle discretion of the court, and shall be jointly and
severally liable for actual, moral, or exemplary damages with the proponent firm,
and the principal investors, as may be found by the court.

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 tile
government or to. the public shall be fined a minimum of fifty thousand Philippine
pesos (PhPS0,000.00) but not more than one hundred thousand Philippine pesos
(PhP100,000.00), 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 (PhP250,000.00) to a maximum ten
percent (10%) of the project cost or five hundred thousand Philippine pesos
(PhP500,000.00), depending upon the nature and degree of the loss, injury, or
damage sustained, whichever is higher, to be imposed at the discretion of the
Commission, and without prejudice to the filing of administrative, civil, or criminal
charges.

SECTION 37. Violation by Public Officials of the Duties Reported 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 dean-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

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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 establishment of such funds
shall not exempt the proponents from civil or criminal 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 he 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
primacy 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

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

Provided, that at least one Commissioner shall be female.

The Commissioners shall be appointed by the President of the Philippines from a pool
of individuals from the communities or sectors to be represented by each
Commissioner.

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SECTION 42. Qualifications, Tenure, 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) years of
experience in their field of expertise, and must be of proven honesty and
integrity; Provided, That the Commissioners shall hold office 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 Commissioner and bold 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 requirement of law.

SECTION 44. Appointment of Commissioners.-The President of the
Republic of the Philippines shall appoint the three (3) Commissioners of the
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:

(©) 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;

(@) Issue Environmental Compliance Certificates and deny
applications thereof and set terms and conditions therein once
issued;

(©) Monitor and require the continued compliance of projects this
Act, its implementing rules and regulations, or to the terms
and conditions of an Environmental Compliance
Certificate, and penalize persons for violations or non -
compliance;

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

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(g) Formulate minimum environmental compliance standards;
(h) Provide technical assistance for the implementation of this Act

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

G

Assist or 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 bearings in cases where there is a strong
showing of concern by the public over a proposed project,
policy or program;

(D) 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
assessment and compliance matters to the general public.

SECTION 46. Accessibility and Transparency. - Subject to such limitations
as may be provided by law or by rules and regulations promulgated pursuant thereto,
all official records, documents and papers pertaining to official acts, transactions or
decision, as well as research data used as basis for policy development of the
Commission shall be made accessible to the public.

SECTION 47. Offices within the Commission.-In furtherance of its mandate
and to effectively implement the provisions of this Act and its implementing rules and
regulations, the Commission shall have the following offices:

(a) Office of the Secretariat - to provide overall supervision of the
Commission and is responsible directly to the Commissioners and
has the mandate of enhancing public health and environment.al
protection through effective management of Commission's human,
financial, and physical resources.

(b) Office of Enforcement and Compliance Assurance. - is primarily
responsible for tlle enforcement of this Ace and its rules and
regulations, for the review of documentary and otller
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

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recommendations to the Commission which shall decide en banc

on the issuance or non-issuance of Environmental Compliance

Certificates.

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

Post-assessment Monitoring Committee - is responsible for

the monitoring of projects and ensuring their compliance to

environmental laws and regulations after completion of the
assessment process, as well as compliance to the terms and
conditions set forth in previously issued Environmental

Compliance Certificates.

(©) Office of General Counsel - is the Commission's legal adviser. It
will provide legal assistance to all organizational elements of
the Commission with respect to its programs and activities as
well as legal opinions, legal counsels, and litigation support. In
addition, the Office of General Counsel shall assist in the
formulation of the Commission’s policies and programs, and shall
provide legal assistance to the communities affected by violations
or non-compliance with provisions of this Act.

(a) Office of Research and Development - is responsible for the
research and development needs of the Commission for its
operating programs and to address policy issues.

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

2

SECTION 48. Other Offices. - The Commission shall have the power to
create other offices and sub-offices, including regional or local offices, as it may
deem necessary subject to existing rules and regulations.

SECTION 49. Implementing rules alld 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 the 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

Page 20 of 22


the House of Representatives, respectively.

CHAPTER VIII

CREATION AND LOCALIZED MANAGEMENT OF AN ENVIRONMENTAL
IMPACT ASSESSMENT ADMINISTRATION FUND

SECTION 51. Establishment of an Environmental Impact
Assessment 10 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 sources, shall entitle the donor or grantor
thereof to corresponding exemption from income or gift taxes and all other related
inlpositious by proper government agencies. All income likewise generated from
foes, fines and penalties directly related to the implementation of the Environmental
Impact Assessment System shall accrue to the Fund may be utilized directly 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 anytime observing
the policy laid down in Section 46 of this Act.

SECTION 52. Localized management of Environmerltal 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 Fund.

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

CHAPTER IX
FINAL PROVISIONS

SECTION 54. Separability Clause.-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

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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. 112lis hereby repealed.

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

Approved,

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