FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
INTRODUCED BY HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
In keeping with the State policy of maintaining a balance between socio-economic 
growth and environmental protection, Presidential Decree 1586 was enacted in June 11, 1978. 
Pursuant to P.D. 1586, 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, reports show that numerous environmentally critical projects continue to be 
undertaken without the requisite ECC. A Newsbreak article dated May 22, 2008 reported the 
continued construction of the Crown Regency Hotel project in Boracay despite the cease and 
desist order issued by the DENR for lack of the necessary ECC. The Hanjin Condominium project 
in the Subic Bay rainforest areas was also reported in an April 14,2008 Philippine Daily Inquirer 
article to have been completed by 20% before an ECC was issued. Worse, environmentally 
critical projects like mining are being undertaken within ancestral domains, not only without 
securing an ECC, but also without complying with the requirement of free and prior informed 
consent (FPIC) under the Indigenous People's Rights Act of 1997. In fact, members of the 
Binongan Tribe in Baay-Jicuan, Abra, have been calling for the pullout of two mining companies 
that have started exploration activities in their ancestral domain without their free and prior 
informed consent, as reported in a Philippine Daily Inquirer article dated April 21,2008. 
Considering all the foregoing, this proposed bill provides for a strict compliance to the 
reqnirements 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 undertake 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 biu is earnestly requested. 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
8 JUN 11 PJ22 
S.B.No. 2i@8 
INTRODUCED BY HONORABLE MAR R O U S  
AN ACT 
INCREASING THE PENALTIES IMPOSED AGAINST 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 Phihppines in Congress 
assembled: 
SECTION 1. Amendment ofpresdentd 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 (EMB) 
pursuant to this Decree shall be punished by the suspension or cancellation of 
his\its certificate and [/or] 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 
- 1 -  


8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
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 INDIGENUOUS 
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,OOO.OO) 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. 803, 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.” 
- 2 -  


1 
SECTION 2. Repealing Clause. - Any provision of law, decree, executive order or 
2 issuance inconsistent herewith is hereby repealed and/or modified accordingly. 
3 
4 
5 
of general circulation. 
6 
7 
Approved, 
SECTION 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 
- 3 -