ARCH 57 – ENVIRONMENTAL LAWS

GUZMAN K. | HIDALGO, J. | MANIEBO, S.

I. ENVIRONMENTAL IMPACT ASSESSMENT
- the process of predicting the likely environmental consequences of implementing projects or
undertaking and designing appropriate preventive, mitigating and enhancement measures.
(PEISS).
A. Brief History
1. January 1970 – US National Environmental Policy Act
- First formal EIA procedural requirements
2. June 6, 1977 – Philippine Environmental Policy (PD 1151) and Philippine Environment Code
(PD1152)
- Philippines adapts Environmental Impact Assessment
- Environmental standards are set through Philippine Environment Code
3. June 11, 1978 – Philippine Environmental Impact State System (PD 1586)
- Establishment of PEISS procedures, regulations, and other related measures
4. June 1992 – United Nations Conference on Environment and Development (Rio Declaration)
- Principle 15: “the precautionary approach shall be widely applied by States according to
their capabilities”
- Principle 17: “Environmental impact assessment, as a national instrument, shall be
undertaken for proposed activities that are likely to have a significant adverse impact on
the environment and are subject to a decision of a competent national authority

II. PHILIPPINE ENVIRONMENTAL IMPACT STATE SYSTEM

- Legal and procedural framework for conducting EIA for projects that have potential
significant environment impact
- Developed to protect the environment and natural resources
A. Early EIA (Background Laws)
I. PHILIPPINE ENVIRONTMENTAL POLICY (P.D. 1151)
Sec. I – Policy
a. to create, develop, maintain and improve conditions under which man and nature
can thrive in productive and enjoyable harmony with each other,
b. to fulfill the social, economic and other requirements of present and future
generations of Filipinos, and
c. to insure the attainment of an environmental quality that is conducive to a life of
dignity and well-being.
Sec. II – Goal
a. recognize, discharge and fulfill the responsibilities of each generation as trustee
and guardian of the environment for succeeding generations,
b. assure the people of a safe, decent, healthful, productive and aesthetic
environment,
c. encourage the widest exploitation of the environment without degrading it, or
endangering human life, health and safety or creating conditions adverse to
agriculture, commerce and industry,
d. preserve important historic and cultural aspects of the Philippine heritage,
e. attain a rational and orderly balance between population and resource use, and
f. improve the utilization of renewable and non-renewable resources.
Sec. III – Right to a Healthy Environment
 a. right of the people to a healthful environment and duty and responsibility to
contribute to the preservation and enhancement of the Philippine environment.
Sec. IV – Environmental Impact Statements
- all agencies and instrumentalities of the national government, including government-
owned or controlled corporations, as well as private corporations’ firms and entities
shall prepare, file and include in every action, project or undertaking which significantly
affects the quality of the environment a detail statement on:
a. the environmental impact of the proposed action, project or undertaking
b. any adverse environmental effect which cannot be avoided should the proposal
be implemented;
c. alternative to the proposed action;
d. a determination that the short-term uses of the resources of the environment are
consistent with the maintenance and enhancement of the long-term productivity
of the same; and
e. whenever a proposal involves the use of depletable or non-renewable resources,
a finding must be made that such use and commitment are warranted.
- Before an environmental impact statement is issued by a lead agency, all agencies
having jurisdiction over, or special expertise on, the subject matter involved shall
comment on the draft environmental impact statement made by the lead agency within
thirty (30) days from receipt of the same.

II. PRESIDENTIAL DECREE NO. 1586 (P.D. 1586).

- Law Establishing an Environmental Impact Statement System, including other
Environmental Management related measures and for other purposes.
Sec. I – Policy
a. to attain and maintain a rational and orderly balance between socio-economic
growth and environmental protection.
Sec. II – Environmental Impact Statement System
a. established an Environmental Impact Statement System founded and based on
the environmental impact statement required under Section 4 of P.D. 1151
Sec. IV – Presidential Proclamation of Environmentally Critical Areas and Projects
a. the President of the Philippines may, on his own initiative or upon
recommendation of the National Environmental Protection Council, by
proclamation declare certain projects, undertakings or areas in the country as
environmentally critical.
b. No person, partnership or corporation shall undertake or operate any such
declared environmentally critical project or area without first securing an
Environmental Compliance Certificate issued by the President or his duly
authorized representative. For the proper management of said critical project or
area, the President may by his proclamation reorganize such government offices,
agencies, institutions, corporations or instrumentalities including the re-alignment
of government personnel, and their specific functions and responsibilities.
Sec. V – Environmentally Non-Critical Projects
a. All other projects, undertakings and areas not declared by the President as
environmentally critical shall be considered as non-critical and shall not be
required to submit an environmental impact statement. (But may be required to
provide additional environmental safeguards when needed).
 Sec. IX – Penalty for Violation
a. Any person, corporation or partnership found violating Section 4 of this Decree, or the
terms and conditions in the issuance of the Environmental Compliance Certificate,
pursuant to this Decree shall be punished by the suspension or cancellation of his/its
certificate or and/or a fine in an amount not to exceed Fifty Thousand Pesos
(P50,000.00) for every violation thereof.
III. PROCLAMATION NO. 2146
- Proclaiming certain areas and types of projects as Environmentally Critical and within
the scope of the Environmental Impact Statement System established under P.D. 1586
A. Environmentally Critical Projects (ECP)
1. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and Petro-chemical industries including oil and gas
d. Smelting plants
2. Resource Extractive Industries
a. Major Mining and Quarrying Projects
b. Forestry Projects
- Logging
- Major Wood Processing Projects
- Introduction of Fauna in Public/Private Forests
- Forest Occupancy
- Extraction of Mangrove Products
- Grazing
c. Fishery Projects
- Dikes for/and Fishpond Development Projects
3. Infrastructure Projects
a. Major Dams
b. Major Power Plants (Fossil-, Nuclear-, Hydroelectric or geothermal).
c. Major Reclamation Projects
d. Major Roads and Bridges

B. Environmentally Critical Areas (ECA)

1. All areas declared by law as national parks, watershed reserves, wildlife preserves
and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interests;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards,
floods, typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the following conditions;
a. Tapped for domestic purposes
 b. Within the controlled and/or protected areas declared by appropriate authorities
c. Which support wildlife and fishery activities
11. Mangrove Areas Characterized by one or any combination of the following conditions:
a. With primary pristine and dense young growth;
b. Adjoining mouth of major river systems;
c. Near or adjacent to traditional productive fry or fishing grounds;
d. Which act as natural buffers against shore erosion. Strong winds and storm
floods;
e. On which people are dependent for their livelihood
12. Coral reefs characterized by one or any of the following conditions;
a. With 50% and above live coralline cover,
b. Spawning and nursery grounds for fish
c. Which act as natural breakwater of coastlines

B. DENR Administrative Order No. 2003 – 30 (Implementing Rules and Regulations).