Republic of the Philippines 
House of Representatives 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
INTRODUCED BY REPRESENTATIVE MARLYN B. ALONTE 
AN ACT TO RATIONALIZE THE PHILIPPINE 
ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM, 
AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
The Environmental Assessment System bill seeks to address the present or perceived 
legal and implementation limitations and weaknesses in the 1978 Presidential Decree 
1586 or the Philippine Environmental Impact Statement (EIS) System, a general law 
which is being implemented through mere administrative orders in encroachment on 
the powers of the legislative branch. The bill intends to resolve confusions and disa-
greements among project proponents, agencies, non-government organizations and 
other stakeholders resulting from differences in the interpretation of the said law by 
the implementing agency. 
The proposed measure will streamline and rationalize the current system. Environ-
mental Impact Assessment will be required for specific projects, particularly those 
that are considered critical projects (CPs) or projects which have potential to cause 
significant adverse impact on the environment.  
Those considered as CPs are: 
(a) heavy industries;
(b) major manufacturing industries;
(c) major resource extractive industries;
(d) major infrastructure projects; and
(e) other similar projects.
The bill proposes that micro-, small- and medium-scale projects be governed by local 
governments, which will be required to integrate environmental safeguards in their 
local permitting system and/or complementary environmental assessment policies. 
May 8, 2023
3:25 pm
7959


The measure also provides for programmatic EIA for a cluster of projects co-located 
in an area such as industrial estates, export processing zones, small scale mining, 
livestock, aquaculture and mariculture projects, or series of projects subdivided into 
several phases or stages, or projects consisting of several components. 
With the Build, Build, Build agenda, the Philippines shall experience infrastructure 
boom with breathtaking $180 billion infrastructure spending bonanza. We will see 
policies, plans, programs, and projects for airports, railways, bus rapid transits, 
roads and bridges, seaports, energy facilities, irrigation systems flood control facili-
ties, among other things. These notwithstanding, the Philippines must see to it that 
present and future environmental goals are not sacrificed by the said undertakings. 
This proposed measure will appropriately address such concern.  
In view of the foregoing, the passage of this bill is earnestly sought. 
 REP. MARLYN B. ALONTE 
 Lone District of Binan 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
INTRODUCED BY REPRESENTATIVE MARLYN B. ALONTE 
AN ACT TO RATIONALIZE THE PHILIPPINE 
ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
Chapter 1 
Basic Policies 
Section 1. Short Title. This Act shall be known and referred to as the “The 
New Environmental Impact Assessment System Act of 2023”.  
Section 2. Declaration of Policy. The State shall adhere to the principles 
of sustainable development. To this end, balanced consideration of environmental 
protection, human health, and socio-economic developments shall be ensured by 
government through the assessment of significant environmental impacts of specific 
projects and the prescription of appropriate protection and control measures. The 
State shall likewise endeavor the development of an environmental assessment sys-
tem which will to integrate environmental considerations into strategic decision-
making affecting development policies, plans, and programs of a region, province or 
a sector.  
The implementation of this State policy shall be guided by the following prin-
ciples: 
a)
A proactive approach, consistent with sustainable development princi-
ples; 
7959


 
 
b) 
A systems-oriented and integrated approach in the analysis and solution 
to environmental concerns vis-à-vis development activities; 
c) 
Conservation of biological diversity and the sustainable use of its compo-
nents in all phases of development activity, especially in the context of climate 
change and disaster risk reduction;  
d) 
Promotion of transparency and public participation in environmental as-
sessment system; 
e) 
Adoption of systematic decentralization of environmental assessment 
and institutionalization of local environmental expertise; and 
f) 
Strengthening environmental monitoring and evaluation mechanisms. 
 
 
Chapter 2 
Definition of Terms 
 
Section 3. Definition of Terms. For purposes of this Act, the following 
terms shall be defined as stated below: 
a) 
“Agency” shall refer to the relevant government department, bureau or 
office, at all levels, including government-owned and controlled corporations, with 
mandate over the preparation, evaluation, approval, implementation, or monitoring 
of a policy, plan, program or project.  
b) 
 “Co-located Projects” shall refer to projects, or series of projects or a 
project subdivided into several phases or stages, and located in a contiguous area;   
c) 
“Critical Project” shall refer to a project or activity that has the potential 
for significant adverse environmental impact, as determined by the Environmental 
Management Bureau (EMB) in accordance with the provisions of this Act.  
d) 
“Cumulative Effects” shall refer to the effects on the environment which 
result from the incremental effect of an activity or a set of activities in combination 
with the effects of other activities in the area, past and present, regardless of the per-
son or agency that undertakes such other activities. 
e) 
 “Environmental Assessment” shall refer to a process of systematic anal-
ysis, evaluation and management of the potential environmental effects of a policy, 
plan, program or project before a decision on the said policy, plan, program or pro-
ject is made. The term includes both Strategic Environmental Assessment (SEA) and 
Environmental Impact Assessment (EIA);  


 
 
f) 
“Environmental Impact Assessment” shall refer to the process of predict-
ing 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;  
g) 
“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.  
h) “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.  
i) “Environmental Management Plan” shall refer to the details of the pre-
ventive, mitigating, and enhancement measures of a proposed project, including 
monitoring and evaluation thereof, and shall form part of the EIA Report.   
j)  “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 co-financed by international organi-
zations and proposed to the head of an agency or LGU. 
k)  “Proponent” shall refer to any person seeking to implement a relevant pol-
icy, plan, program or project.  This includes government agencies, government-
owned and controlled corporations, LGUs, and private entities. 
l) 
“Strategic Environmental Assessment” shall refer to the manage-
ment/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 consid-
ered and appropriately addressed at the earliest stage of decision-making.  
 
 
 
 
 


 
 
Chapter 3 
Environmental Impact Assessment 
 
Section 4. Coverage of the Environmental Impact Assessment Sys-
tem (EIA).  Any project which has the potential for significant adverse impact on 
the environment shall be covered by this Act.   
 
Section 5.  Applicability of EIA. Critical projects, as determined by the 
EMB in accordance with this Act, shall undertake an EIA for specific projects. These 
critical projects are presumed to have the potential for significant adverse impact on 
the environment. For purposes of determining critical projects, the EMB shall con-
sider the nature of the project and its potential to cause significant adverse environ-
mental impacts.  Critical projects shall include, but not limited to, heavy industries, 
major manufacturing industries, major resource-extractive industries, major infra-
structure projects, and other similar projects. 
Micro-, small-, and medium-scale projects and other similar activities shall be 
governed by the concerned LGUs, which shall integrate environmental safeguards in 
their local permitting system and/or complementary environmental assessment poli-
cies. 
Critical projects, the impact of which is specifically addressed in a SEA, may 
be required by the EMB to undertake an appropriate environmental assessment 
study.  
Existing projects, which are deemed critical under this Act but operating 
without an Environmental Compliance Certificate (ECC) required under Sec. 4 of PD 
1586, shall be given three (3) years from the date of the effectivity of this Act within 
which to comply with the provisions of this law. 
Section 6. Review of EIA.   The EIA Report shall be reviewed by a multi-
disciplinary team of independent experts convened by the EMB for that purpose.  
The team shall make a report of its findings and recommendation on the issuance or 
non-issuance of the Certificate of Proponent’s Environmental Commitment (CPEC). 
The cost of such review shall be financed by the proponent through a fund manager, 
whether government or private.  
Section 7. Decision on the EIA.  After a review of the EIA Report and the 
recommendations of the EIA Review Team, the EMB may issue a Certificate of Pro-
ponent’s Environmental Commitment (CPEC) certifying that the proposed project 


 
 
has integrated environmental considerations into its overall project design and man-
agement, that the assessment is technically sound at the feasibility study stage, and 
that the proposed preventive, mitigating, and enhancement measures are appropri-
ate.  The CPEC shall also certify that the proponent has demonstrated its commit-
ment to implement the approved Environmental Management Plan (EMP) for its 
proposed project, as planned, and the corresponding Monitoring and Evaluation.  
The CPEC shall be limited to the results of the assessment of the envi-
ronmental impacts of the proposed project.  It shall not, in any manner, exempt 
the proponent from securing other government permits and clearance required 
by other laws, nor shall it be construed as resolving issues within the mandate of 
other government agencies, such as those relating to land ownership and pos-
session rights. 
All concerned national government agencies and local government units 
shall consider the CPEC and relevant EIA documents in their decision-making 
process. 
Section 8. Environmental Safeguards for non-Critical Projects.  
Proponents of projects that are not covered pursuant to the preceding sections may 
be required by the EMB to implement environmental safeguards.  The EMB shall es-
tablish an evaluation system therefor.  
Section 9. EIA for Co-located Projects.   The Department of Environ-
ment and Natural Resources (DENR) shall require programmatic EIA for projects or 
series of projects subdivided into several phases or stages, or consisting of several 
components, or a cluster of projects co-located in an area, such as, but not limited to, 
industrial estates, export processing zones, small-scale mining, livestock, aquacul-
ture, and mariculture projects.    
The EIA requirements and conditions for co-located projects under the EAS 
shall be guided by an assessment of the cumulative impacts and carrying capacity as 
may be determined from ecological profiles of the area.  
The CPEC under this provision shall be issued by the EMB. 
Section 10. Financial Guarantee Mechanism. As part of the CPEC re-
quirements, the EMB may require project proponents to put up a financial guarantee 
mechanism to respond to the need for clean-up or rehabilitation of areas that may be 
damaged, whether directly or indirectly, or through occurrences, anthropogenic or 
otherwise, by a project, during and after its operation.      


 
 
Provisions for financial liability shall ensure just and timely compensation for 
any adverse effects which project implementation may directly or indirectly cause on 
the environment or the community. 
The instruments acceptable for compliance with this provision are trust funds, 
environmental insurance, cash funds, financial test mechanism, self-insurance and 
other guarantee instruments. The choice of guarantee mechanisms, or of combina-
tions thereof, shall depend primarily on: a) the probability and magnitude of the 
risks involved, as culled from new and existing information and determined through 
environmental and health risk assessment, and b) the financial capability of the pro-
ponent; Provided, that such proponent shall show proof of compliance with the re-
quirement for contingent liability by furnishing the DENR with evidence of avail-
ment of such mechanism. 
Section 11.  Accreditation of Preparers and Reviewers. The EMB 
shall establish a system of accreditation for preparers and reviewers of EIA, which 
shall take into consideration their competence, expertise, track record, integrity and 
independence.  The EMB may delegate the accreditation process to a third party, 
government or private.   
No employee of the DENR or EMB shall, in any manner whatsoever, directly 
or indirectly, participate in the preparation of the EIA.   
Section 12. Non-Liability to the Authenticity of EIA Documents. 
The documents that may be required by the EMB for the conduct of an EIA shall be 
used solely to determine the scope and potential impacts of proposed projects on the 
environment.  The EMB shall not be liable to any allegations or conclusions of fraud, 
falsification, or misrepresentation attending the submitted documents.  Any issues or 
disputes that may arise from such documents shall be resolved in appropriate fo-
rums, courts or tribunals.  
 Section 13. Consultation and Public Participation in the EIA. All 
proponents of critical projects shall, at the earliest stage of the EIA process, inform 
and consult the concerned local government units and communities that will be af-
fected by the proposed project to ensure that environmentally relevant concerns are 
taken into consideration in the EIA study and in the formulation of the EMP.   
It shall be done through public hearing, whenever appropriate, which is pub-
licly announced and where all valid comments are heard and considered.  


 
 
Section 14. Multi-partite Monitoring Team and Environmental 
Monitoring Fund. Multi-partite monitoring teams (MMTs) shall be organized to 
encourage public participation, promote greater stakeholder vigilance, and provide 
appropriate check and balance mechanisms in the monitoring of project implemen-
tation. 
The MMTs shall be composed of representatives of the relevant national agen-
cies, local government units, non-governmental organizations, and other stakehold-
ers in the affected communities.  The government representatives shall be selected by 
the EMB based on the relevance of their mandates, while those from non-
governmental organizations and affected communities shall be selected from among 
themselves in a process facilitated by the concerned LGU and certified by the EMB.  
MMTs can be project-based or clustered by province/municipality or by sec-
tor.  Such clustering shall be accomplished upon the recommendation of any of the 
members of the MMTs comprising the cluster and shall be convened with the assis-
tance of the EMB and the concerned LGU.  Cluster members shall agree on a manual 
of operations, a fund manager, and scheme for shared monitoring.  
The proponent shall establish an Environmental Monitoring Fund (EMF) to 
support the activities of the MMT.  The EMB shall promulgate the rules for the ad-
ministration and management of the EMF: Provided, that, in no case shall such fund 
be used other than for the purpose for which it was established. 
 
Chapter 4 
Fines and Penalties  
 
Section 15. Sanctions for Violations. Any critical project which shall op-
erate without the required CPEC shall face closure, suspension of development or 
construction, or cessation of operations until such time that proper environmental 
safeguards are put in place and the necessary CPEC has been issued; Provided, that, 
the project proponent shall be fined an amount not less than One Hundred Fifty 
Thousand Pesos (Php100,000.00) but not more than Twenty Million Pesos 
(Php20,000,000.00) depending on the magnitude of the environmental risks and 
upon the final decision of the EMB. Provided, further, that the chief operating officer 
or executive officer of the proponent firm shall be held criminally liable and shall be 


 
 
imprisoned for a period not less than two (2) years but not more than ten (10) years, 
at the discretion of the Court.  
Any project proponent found in violation of the EMP shall be imposed a fine 
in the amount of not less than Fifty Thousand Pesos (Php 50,000.00) for every viola-
tion, depending upon the type and impact of the violation, but not more than Ten 
Million Pesos (Php 10,000,000.00) per violation, plus cost of damages, at the discre-
tion of the EMB.  Provided, that the EMB may order the closure, suspension of de-
velopment or construction, or cessations of operations if the violation of the EMP is 
continued.  
 
Chapter 5 
Institutional Arrangement 
 
Section 16. Agencies Responsible in the Implementation of the Act. 
Unless otherwise provided by this Act, the DENR shall serve as the primary agency 
responsible for the implementation of the EAS.  It may secure the assistance of 
environmental units of other government agencies, academic and research 
institutions, and environment professionals in undertaking its responsibilities under 
this Act. 
For this purpose, an environmental unit shall be established and/or 
strengthened in each concerned government agency. Furthermore, it shall be the 
responsibility of all concerned government agencies to share information or data 
necessary to effectively evaluate reports required pursuant to this Act. 
Concerned government agencies shall establish appropriate permanent organ-
izational structures and systems to address the requirements of the EIAS.  
Section 17. Establishment of an Environmental Impact Assess-
ment System Division.  In order to effectively implement the provisions of this 
Act, an Environmental Assessment System (EAS) Division is hereby established 
within the EMB. 
 Section 18. Decentralization and Devolution of Functions.  The 
DENR shall, within one (1) year from the effectivity of this Act, develop guidelines for 
the decentralization of functions of the EMB under this Act to the Regional Offices. 
The DENR, in coordination with the Department of Interior and Local Gov-
ernment (DILG), shall, within two (2) years from the effectivity of this Act, provide 


 
 
technical resources and leadership to assist LGUs and entities in acquiring capacity 
and expertise for rational and effective devolution of functions under the EAS. The 
devolution of functions shall be made after the concerned LGUs and entities have 
been assessed to be technically capable of such functions. 
Section 19. Local Capacity-Building in Environmental Impact As-
sessment System. The DENR, through the EMB, shall, in coordination with the 
DILG, lead the development and implementation of a national capacity building pro-
gram in environmental assessment. To ensure the rational devolution of functions 
mandated in Section 24 hereof, the program shall be operational within two (2) years 
from the effectivity of this Act.  
The national program for capacity building shall identify target entities as well 
as functions for devolution and prepare the target entities for the local implementa-
tion of the EAS or its components in accordance with the objectives of this Act.  
Section 20.  Knowledge Management System.  The EMB shall estab-
lish a database management system for purposes of gathering, keeping, disseminat-
ing and updating all information relative to the implementation of the EAS. As part 
of the database management system, the EMB shall create a public registry of all 
CPECs issued.  
Section 21.  Public Disclosure. All documents generated as part of the 
EAS shall be accessible to the public upon request made during office hours, except 
those information deemed protected under Rep. Act No. 8293, otherwise known as 
the Intellectual Property Code of the Philippines: Provided that, the executive sum-
mary of the SEA, EIA, EMP, and CPEC shall likewise be disclosed by the EMB and 
proponents to the public through the internet.   
 
Chapter 6 
        Actions 
 
Section 22. Administrative Action. Without prejudice to the right of any 
affected person to file an administrative action, the DENR shall, on its own instance 
or upon verified complaint by any person, institute administrative proceedings 
against any person who violates the provisions of this Act and the orders, rules and 
regulations promulgated pursuant thereto.  


 
 
 
Section 23. Citizen Suits. For purposes of enforcing the provisions of this 
Act or its implementing rules and regulations, any citizen may file an appropriate 
civil or criminal action in the proper courts  against:  
a) 
Any person who violates or fails to comply with the provisions of this Act, 
its implementing rules and regulations, or orders issued pursuant thereto; or 
b) 
The DENR or other implementing agencies with respect to orders, rules 
and regulations issued inconsistent with this Act; and 
c) 
Any public officer who willfully or grossly neglects the performance of an 
act specifically enjoined as a duty by this Act or its implementing rules and regula-
tions; or abuses his authority in the performance of his duty; or, in any manner, im-
properly performs his duties under this Act or its implementing rules and regula-
tions.  
Provided, however, that, no citizen suit can be filed until after a thirty (30)-day no-
tice has been taken thereon. 
 
The court shall exempt such action from the payment of filing fees, and shall 
likewise, upon prima facie showing of the non-enforcement or violation complained 
of, exempt the plaintiff from the filing of an injunction bond for the issuance of a pre-
liminary injunction.  
 
Within thirty (30) days, the court shall make a determination if the complaint 
herein is malicious and/or baseless, and shall accordingly dismiss the action and 
award attorney’s fees and damages.  
 
Section 24. Independence of Action. The filing of an administrative suit 
against such person/entity does not preclude the right of any other person to file any 
criminal or civil action. Such civil action shall proceed independently.  
 
Section 25. Suits and Strategic Legal Actions Against Public Par-
ticipation and the Enforcement of This Act. Where  a suit is brought against a 
person who filed an action as provided in Section 28 of this Act, or against any  per-
son, institution or government agency that implements this Act, it shall be the duty 
of the investigating  prosecutor or the court, as the case may be, to immediately make 
a determination not exceeding thirty (30)  days whether said legal action has been 
filed to harass, vex, exert undue pressure or stifle such legal  recourses of the person 
complaining of or enforcing the provisions of this Act.  Upon determination thereof, 


 
 
evidence warranting the same, the court shall dismiss the case and award attorney’s 
fees and double damages.  
 
This provision shall also apply and benefit public officers who are sued for 
acts committed in their official capacity, there being no grave abuse of authority, and 
done in the course of enforcing this Act.  
Chapter 7 
Establishment of an EAS Management Fund 
 
Section 26. Environmental Revolving Fund. The Environmental Re-
volving Fund (ERF) created under Presidential Decree No.1586 shall remain to be 
operational. It shall be used primarily for defraying administrative expenses, 
equipment purchases or leases and other program costs directly incurred in the 
review, assessment and monitoring of the EAS. The ERF may be sourced from 
donations, endowments and grants in the form of contributions. Such endowments 
shall be exempt from income or gift taxes and all other taxes, charges or fees imposed 
by the government or any political subdivision, instrumentality or agency. It shall 
also include funds to be provided by proponents for the review of specific projects. 
All income likewise generated from fees, fines and penalties directly related to the 
implementation of the EAS shall accrue to the ERF and may be utilized directly by 
the DENR for the above purposes.  
All fund transactions shall, however, be subject to the usual auditing 
procedures in accordance with existing laws  
Section 27. Appropriations. An amount of One hundred million pesos 
(P100,000,000.00) shall be appropriated for the initial implementation of this Act. 
Section 28. Transitory Provision. Non-Highly Urbanized Cities, 3rd, 
4th,5th, and 6th class municipalities shall be given a five (5)-year grace period within 
which to comply with the provisions of this Act on SEA. 
Section 29. Implementing Rules and Regulations. Unless otherwise 
provided in this Act, the DENR, in coordination with other concerned agencies, shall 
promulgate the implementing rules and regulations of this Act, within one (1) year 
after its effectivity. 


 
 
The DENR and the IASCS, in coordination with other concerned government 
agencies, shall undertake such review and updating of the implementing guidelines 
of the EAS every two (2) years thereafter. 
 Section 30.  Joint Congressional Oversight Committee. There is 
hereby created a Joint Congressional Oversight Committee to monitor the imple-
mentation of the provisions of this Act.  The Committee shall be composed of five (5) 
Senators and five (5) Representatives to be appointed by the Senate President and 
the Speaker of the House of Representatives, respectively.  The Oversight Committee 
shall be co-chaired by the Chairpersons of the Senate Committee on Environment 
and House Committee on Ecology.  
 
Chapter 8 
Final Provisions 
 
Section 31. Separability Clause. Should any provision herein be subse-
quently declared unconstitutional, the same shall not affect the validity or legality of 
the other provisions of this Act. 
Section 32. Repealing Clause. Presidential Decree No. 1586, except Sec-
tion 10 thereof, Presidential Proclamation No. 2146, Executive Order No. 803, and 
Office of the President Administrative Order No. 42, series of 2002 are hereby 
repealed. All laws, orders, rules and regulations or any part thereof which are 
inconsistent with the provisions of this Act are hereby amended or modified 
accordingly. 
Section 33. Date of Effectivity. This Act shall take effect fifteen (15) days 
after its publication in the official Gazette or in two (2) newspapers of general circu-
lation. 
Approved,