1. Philippine Environmental Policy (P.D.

1151)
a. Policy. Declares the following as continuing policy of the State:
i. To create, develop, maintain and improve conditions under which man and nature can thrive
in productive and enjoyable harmony with each other;
ii. To fulfil the social, economic and other requirements of present and future generations of
Filipinos; and
iii. To insure the attainment of an environmental quality that is conducive to a life of dignity and
well-being. (Section 1)

b. Goal. In pursuing this policy, it shall be the responsibility of the Government, in cooperation with
concerned private organizations and entities, to use all practicable means, consistent with other
essential considerations of national policy, in promoting the general welfare to the end that the Nation
may
i. recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian
of the environment for succeeding generations;
ii. assure the people of a safe, decent, healthful, productive and aesthetic environment;
iii. 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;
iv. preserve important historic and cultural aspects of the Philippine heritage;
v. attain a rational and orderly balance between population and resource use; and
vi. improve the utilization of renewable and non-renewable resources (Section 2)

c. Right to a Healthy Environment. In furtherance of these goals and policies, the Government recognizes
the right of the people to a healthful environment. It shall be the duty and responsibility of each
individual to contribute to the preservation and enhancement of the Philippine environment. (Section 3)

d. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, 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:
i. the environmental impact of the proposed action, project or undertaking;
ii. any adverse environmental effect which cannot be avoided should the proposal be
implemented;
iii. alternative to the proposed action;
iv. 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
v. 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.

2. Philippine Environmental Impact Statement System (P.D. No. 1586)

a. Philippine Environmental Impact Statement System. A systems-oriented and integrated approach to

the EIS system required under Section 4 of P.D. No. 1151 to ensure a rational balance between socio-
 economic development and environmental protection for the benefit of present and future
generations.

b. Environmental Impact Assessment Process. The PEISS consists of the Environmental Impact Assessment
(EIA) process which involves
i. evaluating and predicting the likely impacts of the project on the environment during
construction, commissioning, operation and abandonment; and
ii. designing appropriate preventive, mitigating, and enhancement measures addressing these
consequences

to protect the environment and the community’s welfare.

c. Environmentally Critical Areas and Projects. Projects, undertakings or areas in the Philippines which the
President may, on his own initiative or upon recommendation of the National Environmental
Protection Council, by proclamation declare as environmentally critical.

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. (Section 4)

d. Environmentally Non-Critical Projects. 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. (Section 5)

e. Implementing Agency. The Department of Environment and Natural Resources is vested with
delegated powers to review and evaluate all EIA reports, and to grant or deny ECCs to project
proponents. It is the DENR that has the duty to implement the EIS system.

3. Presidential Decree No. 2146

a. Identified the areas and types of projects to be considered as environmentally critical and within the
scope of the EISS.
b. Environmentally Critical Projects.

I. 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

II. Resource Extractive Industries

a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
 1. Dikes for/and fishpond development projects

III. Infrastructure Projects

a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges

c. (Heading: Environmentally Critical Areas)

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 combinations 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.

4. DENR Administrative Order No. 2003-30

a. DAO 2003-30 provides for the Implementing Rules and Regulations of the Environmental Impact
Statement System.

b. Sets up a system or procedure to determine when a project is required to secure an ECC and when it is
not.

c. Under the EIS System, projects are categorized into four (4), namely:
(A) Environmentally Critical Projects (“ECPs”) with significant potential to cause negative
environmental impacts;
(B) Projects that are not categorized as ECPs, but which may cause negative environmental
impacts because they are located in environmentally critical areas;
 (C) Projects intended to directly enhance environmental quality or address existing environmental
problems not falling under categories A and B; and
(D) Projects unlikely to cause adverse environmental impacts.

Projects failing under categories A and B are required to secure ECCs, a certification issued by the
DENR-EMB to the effect that, based on the representations of the project proponent, the proposed
project or undertaking will not cause significant negative environmental impact.

Projects classified as C or D are not required to secure ECC and may apply for Certificate of Non-
Coverage (“CNC”).