'srflllti' 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
(~th;t uf HF-j--t'{i"tnr~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 29 
III 0 :40 
SENATE 
Senate Bill No. 1419 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
On June '11, 1978, Presidential Decree 1586 was enacted primarily to 
attain a rational and orderly balance between socio-economic growth and 
environmental protection. As such, all persons, partnerships or corporations are 
required to secl!lre 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 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.O. 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. 
GOY EJERCITO ESTRADA 
Senator 


SPt1~h> 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
~Otft;r of Illt' ~rrr'taf¥ 
OF THE pHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 29 
AlO :40 
SENATE 
Senate Bill No. 14 1 9 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
INCREASING THE PENAL TIES IMPOSED AGAINST FAILURE TO SECURE 
AN ENVIRONMENTAL CLEARANCE CERTIFICATE FOR UNDERTAKINGS IN 
ANCESTRAL 
POMAINS 
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 heremy amended to read as follows: 
"Section H. Penalty for Violation. - Any person, corporation, 
partnershi~) 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 
[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 DETEFlMINED 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,OOO.OO) AS 
DAMAGES. 
FOR 
PURPOSES 
OF 
THIS 
SECTION, 
AN 
ENVIRONI\IIENTALL Y 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 
RESPONS'IBLE 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,