THE PHILIPPINE

ENVIRONMENTAL IMPACT
STATEMENT SYSTEM
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MAIN OBJECTIVE OF THE PEISS

▸ The main objective of the PEISS is to require every project

proponent to take the environment into consideration in
the implementation of its project in order to provide
adequate protection to the environment or at least
minimize the project’s potential negative impacts.

▸ Stakeholder participation in the field of environmental

management and protection is important.
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BACKGROUND OF THE PEISS

▸ PD No. 1151 was passed in 1979 which required all agencies and
instrumentalities of the national government, including government-
owned or controlled corporations, as well as private corporations,
firms, and entities, to prepare, file and include an Environmental
Impact Statement (EIS) in every action, project or undertaking which
significantly affects the quality of the environment.

▸ Thereafter, PD No. 1586 established the EIS System, which provided

a systems-oriented and integrated approach to the filing of the EIS
in coordination with the whole environmental protection program of
the State.
NATIONAL ENVIRONMENTAL PROTECTION ACT
AND
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U.S. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

Section 102(2)(C) of NEPA provides that an environmental impact statement (EIS) is to
include: in every recommendation or report on proposals for legislation and other major
Federal actions significantly affecting the quality of the human environment, a detailed
statement by the responsible official on:

(i) the environmental impact of the proposed action,

(ii) any adverse environmental effects which cannot be avoided should the proposal
be implemented,

(iii) alternatives to the proposed action,

(iv) the relationship between local short-term uses of man’s environment and the
maintenance and enhancement of long-term productivity, and

(v) any irreversible and irretrievable commitments of resources which would be

involved in the proposed action should it be implemented.
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PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM (PD 1151)

Section 4. 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

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 involve the use of depletable or non-renewable resources, a finding

must be made that such use and commitment are warranted.
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CALVERT CLIFFS COORDINATING COMMITTEE VS. US ATOMIC ENERGY COMMISSION,

▸ NEPA, like so much other reform legislation of the last 40

years, is cast in terms of a general mandate and broad
delegation of authority to new and old administrative
agencies. It takes the major step of requiring all federal
agencies to consider values of environmental preservation
in their spheres of activity, and it prescribes certain
procedural measures to ensure that those values are in fact
fully respected.
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CALVERT CLIFFS COORDINATING COMMITTEE VS. US ATOMIC ENERGY COMMISSION,

▸ The relevant portion of NEPA is Title I, consisting of five

sections.   Section 101 sets forth the Act's basic substantive
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policy: that the federal government "use all practicable

means and measures" to protect environmental values.

▸ Congress did not establish environmental protection as an

exclusive goal; rather, it desired a reordering of priorities,
so that environmental costs and benefits will assume their
proper place along with other considerations.
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CALVERT CLIFFS COORDINATING COMMITTEE VS. US ATOMIC ENERGY COMMISSION,

▸ In general, all agencies must use a "systematic, interdisciplinary

approach" to environmental planning and evaluation "in decision
making which may have an impact on man's environment.”

▸ “Environmental amenities" will often be in conflict with

"economic and technical considerations." To "consider" the
former "along with" the latter must involve a balancing process.
In some instances environmental costs may outweigh economic
and technical benefits and in other instances they may not. But
NEPA mandates a rather finely tuned and "systematic" balancing
analysis in each instance.
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CALVERT CLIFFS COORDINATING COMMITTEE VS. US ATOMIC ENERGY COMMISSION,

▸ To ensure that the balancing analysis is carried out and given

full effect, Section 102(2) (C) requires that responsible officials
of all agencies prepare a "detailed statement" covering the
impact of particular actions on the environment, the
environmental costs which might be avoided, and alternative
measures which might alter the cost-benefit equation.

▸ The apparent purpose of the "detailed statement" is to aid in

the agencies' own decision making process and to advise
other interested agencies and the public of the environmental
consequences of planned federal action.
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CALVERT CLIFFS COORDINATING COMMITTEE VS. US ATOMIC ENERGY COMMISSION,

▸ Beyond the "detailed statement," Section 102(2) (D) requires all

agencies specifically to "study, develop, and describe appropriate
alternatives to recommended courses of action in any proposal
which involves unresolved conflicts concerning alternative uses of
available resources.”

▸ This requirement, like the "detailed statement" requirement, seeks

to ensure that each agency decision maker has before him and
takes into proper account all possible approaches to a particular
project (including total abandonment of the project) which would
alter the environmental impact and the cost-benefit balance.
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CALVERT CLIFFS COORDINATING COMMITTEE VS. US ATOMIC ENERGY COMMISSION,

▸ Only in that fashion is it likely that the most intelligent,

optimally beneficial decision will ultimately be made.

▸ Moreover, by compelling a formal "detailed statement"

and a description of alternatives, NEPA provides evidence
that the mandated decision making process has in fact
taken place and, most importantly, allows those removed
from the initial process to evaluate and balance the factors
on their own.
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BALTIMORE G. & E. CO. V. NRDC, 462 U.S. 87 (1983)

▸ Section 102(2)(C) of the National Environmental Policy Act (NEPA) requires federal
agencies to consider the environmental impact of any major federal action.

▸ NEPA has twin aims.

▸ First, it "places upon an agency the obligation to consider every significant

aspect of the environmental impact of a proposed action.

▸ Second, it ensures that the agency will inform the public that it has indeed
considered environmental concerns in its decisionmaking process.

▸ Congress in enacting NEPA, however, did not require agencies to elevate

environmental concerns over other appropriate considerations.

▸ Rather, it required only that the agency take a "hard look" at the environmental
consequences before taking a major action.
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BALTIMORE G. & E. CO. V. NRDC, 462 U.S. 87 (1983)

▸ In these circumstances, the NRC complied with NEPA's

requirements of consideration and disclosure of the
environmental impacts of its licensing decisions. It is not
the task of this Court to determine what decision it would
have reached if it had been the NRC. The Court's only task
is to determine whether the NRC had considered the
relevant factors and articulated a rational connection
between the facts found and the choice made. Under this
standard, the zero release assumption, within the context
of Table S-3 as a whole, was not arbitrary or capricious.
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STRYCKER'S BAY NEIGHBORHOOD COUNCIL V. KARLEN, 444 U.S. 223 (1980)

▸ Once an agency has made a decision subject to the procedural

requirements of the National Environmental Policy Act of 1969, the only role
for a court is to insure that the agency has considered the environmental
consequences; it cannot interject itself within the area of discretion of the
executive as to the choice of the action to be taken.

▸ In Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U. S. 519, 435 U. S.

558 (1978), we stated that NEPA, while establishing "significant substantive
goals for the Nation," imposes upon agencies duties that are "essentially
procedural." As we stressed in that case, NEPA was designed "to insure a
fully informed and well considered decision," but not necessarily "a
decision the judges of the Court of Appeals or of this Court would have
reached had they been members of the decisionmaking unit of the agency."
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ENVIRONMENTAL IMPACT ASSESSMENT PROCESS

▸ The PEISS consists of the Environmental Impact Assessment
(EIA) process.

▸ The process of identifying and predicting the potential

environmental impacts (including bio-physical, socio-economic
and cultural) of proposed actions, policies, programs and
projects and communicating this information to decision-makers
before they make their decisions on the proposed actions.”

▸ The EIA Process is a proponent-driven process wherein the

Proponent applies for an Environmental Compliance Certificate
(ECC) by submitting an EIS.
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ENVIRONMENTAL COMPLIANCE CERTIFICATE

▸ A “document issued by the DENR-EMB after a positive review of an ECC
application, certifying that the Proponent has complied with all the
requirements of the EIS System and has committed to implement its
approved Environmental Management Plan

▸ The ECC contains a “summary of the information on the type, size and
location of the project, environmental impacts, the mitigating measures and
environmental management plan for the various government agencies to
consider in their decision-making process.”

▸ An ECC is not a permit and should not be interpreted as such but rather a set
of conditions, which will have to be complied with by the project proponent
before implementing the said project.
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COVERAGE OF THE PEISS

▸ Presidential Proclamation No. 2146, Series of 1981,

defines undertakings that are either Environmentally
Critical Projects (ECPs) or those located in Environmentally
Critical Areas (ECAs) was within the scope of the PEISS.
The said proclamation classified the undertakings into
different categories to determine coverage under the
PEISS.
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ENVIRONMENTALLY CRITICAL PROJECTS

1. Heavy Industries

Non-Ferrous Metal Industries

Iron and Steel Mills

Petroleum and Petrochemical Industries

Smelting Plants

2. Resource Extractive Industries

Mining and Quarrying Projects

Forestry Projects

Dikes for/and Fishpond Development Projects

3. Infrastructure Projects

Dams

Power Plants

Reclamation Projects

Roads and Bridges

4. Golf Course Projects

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ENVIRONMENTALLY CRITICAL AREAS

1.Areas declared by law as national parks, watershed reserves, wildlife reserves, 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, archeological, geological, or scientific interests;

5.Areas which are traditionally occupied by cultural communities or tribes;

6.Areas frequently visited or hard-hit by natural calamities;

7.Areas with critical slope (50% or more);

8.Areas classified as prime agricultural lands;

9.Recharge areas of aquifers;

10.Certain Water bodies;

11.Specific Mangrove Areas; and

12.Coral Reefs.
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STAGES OF THE EIA PROCESS

▸ The EIA Process has six consecutive stages:

▸ Screening;

▸ Scoping;

▸ EIA Study and Report Preparation;

▸ EIA Report Review and Evaluation;

▸ Decision Making, and Monitoring; and

▸ Validation and Evaluation/Audit.

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SCREENING

▸ Determine if a project is covered or not by the PEISS. If a

project is covered, screening further determines what
document type the proponent should prepare to secure
the needed approval, and what the rest of the
requirements are.
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SCOPING
▸ A proponent-driven multi-sectoral formal process of determining the focused Terms of
Reference of the EIA Study.

▸ Scoping identifies the most significant issues/impacts of a proposed project, and then,
delimits the extent of baseline information to those necessary to evaluate and mitigate
the impacts.

▸ The need for and scope of an Environmental Risk Assessment is also done during the
scoping session.

▸ Scoping is done with the local community and with a third party EIA Review
Committee (EIARC) through Technical Scoping, with the participation of the DENR-
EMB.

▸ The process results in a signed Formal Scoping Checklist by the review team, with the
final approval by the EMB Chief.
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EIA STUDY AND REPORT PREPARATION

▸ The EIA Study involves a description of the proposed project
and its alternatives, characterization of the project
environment, impact identification and prediction, evaluation
of impact significance, impact mitigation, formulation of
Environmental Management and Monitoring Plan, with the
corresponding cost estimates and institutional support
commitment.

▸ The study results are presented in an EIA Report for which an

outline is prescribed by the EMB for every major document
type.
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EIA REPORT REVIEW AND EVALUATION

▸ Review of EIA Reports normally entails an EMB procedural screening for
compliance to minimum requirements specified during Scoping, followed by
a substantive review of either composed third party experts commissioned by
EMB as EIA Review Committee for PEIS/EIS-based applications, or DENR/EMB
internal specialists, the Technical Committee, for IEE-based applications.

▸ The EMB evaluates the EIARC recommendations and the public’s inputs
during public consultations/hearings in the process of recommending a
decision on the application. The EIARC Chair signs EIARC recommendations
including issues outside the mandate of the EMB.

▸ The entire EIA review and evaluation process is summarized in the Review
Process Report (RPR) of the EMB, which includes a draft decision document.
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DECISION MAKING

▸ Involves the evaluation of EIA recommendations and the

draft decision document, resulting in the issuance of an
ECC, CNC or Denial Letter.

▸ When approved, a covered project is issued it certificate of

Environmental Compliance Commitment (ECC), while an
application of a non-covered project is issued a Certificate
of Non-Coverage (CNC).
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MONITORING, VALIDATION AND EVALUATION/AUDIT

▸ Involves the assessment of the performance of the

Proponent against the ECC and its commitments in the
Environmental Management and Monitoring Plans to
ensure actual impacts of the project are adequately
prevented or mitigated.
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FINES, PENALTIES AND SANCTIONS

▸ Suspension or cancellation of the ECC and/or a fine in an

amount not to exceed Fifty Thousand Pesos (P50,000) for
every violation thereof
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BANGUS FRY FISHERFOLK, ETAL. VS. HON. LANZANAS ETAL.

▸ Exhaustion of Administrative Remedies

▸ “The settled rule is before a party may seek the intervention

of the courts, he should first avail of all the means afforded
by administrative processes. Hence, if a remedy within the
administrative machinery is still available, with a procedure
prescribed pursuant to law for an administrative officer to
decide the controversy, a party should first exhaust such
remedy before resorting to the courts. The premature
invocation of a court's intervention renders the complaint
without cause of action and dismissible on such ground.”
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BANGUS FRY FISHERFOLK, ETAL. VS. HON. LANZANAS ETAL.

▸ On the Alleged Patent Illegality of the ECC

▸ Petitioners contend that they are exempt from filing an appeal with the DENR
Secretary because the issuance of the ECC was in patent violation of existing laws
and regulations.

▸ The contention is also without merit. While such documents are part of the
submissions required from a project proponent, their mere absence does not render
the issuance of the ECC patently illegal.

▸ To justify non-exhaustion of administrative remedies due to the patent illegality of

the ECC, the public officer must have issued the ECC "[without any] semblance of
compliance, or even an attempt to comply, with the pertinent laws; when manifestly,
the officer has acted without jurisdiction or has exceeded his jurisdiction, or has
committed a grave abuse of discretion; or when his act is clearly and obviously
devoid of any color of authority.
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BANGUS FRY FISHERFOLK, ETAL. VS. HON. LANZANAS ETAL.

▸ On the Alleged Non-Compliance with the Terms of the ECC

▸ The contention is similarly without merit. The fact that

NAPOCOR's ECC is subject to cancellation for non-compliance
with its conditions does not justify petitioners' conduct in ignoring
the procedure prescribed in DAO 96-37 on appeals from the
decision of the DENR Executive Director. Petitioners vigorously
insist that NAPOCOR should comply with the requirements of
consultation and locational clearance prescribed in DAO 96-37.
Ironically, petitioners themselves refuse to abide with the
procedure for filing complaints and appealing decisions laid
down in DAO 96-37.