FIFTEENTH CONGRESS OF THE REPUBLIC)' 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 759 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
In June 11, 1978, Presidential Decree 1586 was enacted primarily to attain 
and main a rational and orderly balance between socio-economic growth and 
environmental protection. As such, all persons, partnerships or corporations are 
required to secure an Environmental Compliance Certificate (ECC) before 
undertaking any environmentally critical project or operate in an environmentally 
critical area. However, news reports show that numerous environmentally critical 
projects continue to be undertaken without the requisite ECC. 
The proposed bill provides for a strict compliance to the requirements of 
Presidential Decree 1586 by strengthening the penal sanctions for failing to 
secure an ECC or for non-compliance with its conditions. Further, this bill affords 
more protection and relief to members of indigenous cultural communities by 
making persons or corporations who undertflke activities and projects within 
ancestral domains without complying with the twin requirements of FPIC and ECC 
liable for damages. Thus, violators will be fined three times the amount necessary 
to rehabilitate the damaged area, in addition to the amount of damages paid to 
the Indigenous Cultural Community. Further, subsequent violations will also be 
made punishable by imprisonment ranging from one to five years. 
Clearly, there is a need to strengthen the penal sanctions of P.D. 1586, if 
we are to ensure the protection and preservation of our environment and natural 
resources. 
In view of the foregoing, early passage of this bill is earnestly requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 759 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
INCREASING THE PENALTIES IMPOSED ~GAINST FAILURE TO SECURE 
AN ENVIRONMENTAL CLEARANCE CERTIFICATE FOR UNDERTAKINGS IN 
ANCESTRAL 
DOMAINS 
AND 
OTHER 
CRITICAL 
AREAS 
OR 
FOR 
VIOLATIONS OF THE TERMS AND CONDITIONS THEREOF, THEREBY 
AMENDING PRESIDENTIAL DECREE 1586 AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Amendment of Presidential Decree No. 1586. - Section 9 of 
PD 1586, is hereby amended to read as follows:' 
"Section 9, Penalty for Violation. - Any person, corporation, partnership 
found violating Section 4 of this Decree, or the terms and conditions in the 
issuance of the Environmental Compliance Certificate, or the standard 
rules and regulations issued by the [National Environmental Protection 
Council] ENVIRONMENTAL MANAGEMENT BUREAU (EM B) pursuant to 
this Decree shall be punished by the suspension or cancellation of his/its 
certificate and [lor] a fine in the amount [not to exceed Fifty Thousand 
Pesos (P50,OOO.OO) for every violation thereof, at the discretion of the 
National Environmental Protection Council] OF THREE (3) TIMES THE 
ESTIMATED MONETARY COST OF REHABILITATING AND CLEANING 
THE DAMAGED PORTION OF THE ENVIRONMENT, AS DETERMINED 
BY THE EMB, WHICH IN NO CASE SHALL BE LESS THAN FIVE 
HUNDRED 
THOUSAND 
PESOS" (P500,OOO.OO). 
SUBSEQUENT 
VIOLATORS SHALL BE IMPOSED THE PENALTY OF IMPRISONMENT 
OF PRISION CORRECCIONAL. 
WHERE 
AN 
ENVIRONMENTALLY 
CRITICAL 
PROJECT 
IS 
UNDERTAKEN INSIDE AN ANCESTRAL DOMAIN WITHOUT THE 
NECESSARY FREE AND , PRIOR INFORMED CONSENT OF THE 
INDIGENOUS CULTURAL COMMUNITY LIVING IN SUCH ANCESTRAL 
DOMAIN AS MANDATED BY THE PROVISIONS OF THE INDIGENOUS 
PEOPLE'S RIGHTS ACT OF 1997 AND IN VIOLATION OF SECTION 4 
OF THIS ACT, THE PERSON, PARTNERSHIP OR CORPORATION 
SHALL ALSO BE LIABLE TO PAY THE INDIGENOUS CULTURAL 
COMMUNITY AN AMOUNT TO BE DETERMINED BY THE EMB BUT IN 
NO 
CASE 
LESS 
THAN 
FIVE 
HUNDRED 
THOUSAND 
PESOS 
(P500,000.00) AS DAMAGES. FOR PURPOSES OF THIS SECTION, 
AN ENVIRONMENTALLY CRITICAL PROJECT REFERS TO A PROJECT 
THAT HAS A HIGH POTENTIAL FOR SIGNIFICANT NEGATIVE 
ENVIRONMENTAL IMPACT AND IS LISTED AS SUCH 
UNDER 


, 
PRESIDENTIAL 
PROCLAMATION 
NO. 
2146 
SERIES 
OF 
1981, 
PRESIDENTIAL PROCLAMATION NO. ~03, SERIES OF 1996, AS WELL 
AS OTHER PROJECTS WHICH THE PRESIDENT MAY PROCLAIM AS 
ENVIRONMENTALLY CRITICAL IN ACCORDANCE WITH SECTION 4 
OF PD 1586. 
IN CASE OF CORPORATIONS, PARTNERSHIPS OR OTHER 
FORMS 
OF 
BUSINESS 
ORGANIZATIONS, 
THE 
PENALTY 
OF 
IMPRISONMENT SHALL BE IMPOSED UPON THE PRESIDENT, THE 
GENERAL MANAGER OR THE OFFICER DEEMED RESPONSIBLE FOR 
THE VIOLATION." 
SEC. 
2. Repealing Clause. - Any provision of law, decree, executive 
order or issuance inconsistent herewith is hereby repealed and/or modified 
accordingly. 
SEC. 3. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after the completion of its publication in the Official Gazette or in at least two (2) 
national newspapers of general circulation. 
Approved,