PD 1586 : The Philippine

Environmental
Impact Statement
System (PEISS) Law
DAO 2003-30
Project Coverage Screening

ALEX C. LUIS, MSCE

Chief, Environmental Monitoring and Enforcement Division
EMB-CAR
 The Philippine Environmental
Impact Statement System (PEISS)

OVERVIEW
Executive Order No. 192 (1987)
“Designated the Department of Environment and
Natural Resources (DENR) as the primary
government agency responsible for the
conservation, management, development and
proper use of the country’s environment and
natural resources. Its Environmental
Management Bureau (EMB) is specifically tasked
to recommend rules and regulations for EIA and
provide technical assistance for their
implementation and monitoring.”
 The Philippine Environmental
Impact Statement System (PEISS)

OVERVIEW
Presidential Decree 1151: Philippine
Environmental Policy (1977)
The Philippine EIS System was first issued and
required “all agencies and instrumentalities
of the national government, including
government-owned and controlled
corporations, as well as private
corporations, firms and entities to prepare
an environmental impact statement (EIS) for
every action, project or undertaking which
significantly affects the quality of the
environment.”
 The Philippine Environmental
Impact Statement System (PEISS)

OVERVIEW
Presidential Decree 1586: The
Philippine EIS System (1978)
Reiterated the policy statement
under PD 1151 and declared ECPs
and projects within ECAs as projects
which require the submission of an
EIS.
The Philippine Environmental
Impact Statement System (PEISS)

OVERVIEW
Section 4 of PD 1596
“. . . .No person, partnership or
corporation shall undertake or operate
any, or in part, such declared
Environmentally Critical Project (ECP)
or project within an Environmentally
Critical Area (ECA) without first
securing an Environmental Compliance
Certificate (ECC). . . .”.
The Philippine Environmental
Impact Statement System (PEISS)

OVERVIEW
Section 9 of PD 1596 : Penalty for Violation.
”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 .. 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, at the discretion of
the DENR”.
The Philippine Environmental
Impact Statement System (PEISS)

Policy “ to attain and maintain a rational and

orderly balance between socio-
economic growth and environmental
protection”

“ through the sustainable

use, development,
management, renewal
and conservation and
enhancement, not only
for the present but for
the future generations
as well”
The Philippine Environmental
Impact Statement System (PEISS)

Operating Principles
a) The EIS System is concern primarily
with assessing the direct and
indirect impacts of a project on the
biophysical and human environment
and ensuring that these impacts are
addressed by appropriate
environmental protection and
enhancement measures
The Philippine Environmental
Impact Statement System (PEISS)

Operating Principles
b) The EIS System aids Proponents in
incorporating environmental
considerations in planning their
projects as well as determining the
environment’s impacts of their
projects
The Philippine Environmental
Impact Statement System (PEISS)

Operating Principles
C) Project proponents are responsible for
determining and disclosing all relevant
information necessary for a
methodological assessment of the
environmental impacts of their projects
The Philippine Environmental
Impact Statement System (PEISS)

Operating Principles
D) Review of the EIA reports by EMB shall be guided
by 3 general criteria:
(1) that the Environmental considerations are integrated
into the over all project planning;

(2) that the assessment is technically sound and the

environmental impact mitigation measures are effective;
and

(3) that the EIA process is based on a timely, informed and

meaningful public participation of potentially affected
communities
The Philippine Environmental
Impact Statement System (PEISS)

What is an Environmental
Impact Assessment (EIA)?
- a process of predicting and evaluating the likely
impacts of a project (including cumulative
impacts) on the environment during construction,
commissioning, operation, and abandonment.

- it also includes designing appropriate

preventive, mitigating and enhancement
measures to address these consequences to
protect the environment and the community’s
welfare
The Philippine Environmental
Impact Statement System (PEISS)

Purpose of the EIA Process

1) To enhance planning and decision-making
2) To integrate environmental concerns in the
planning process starting at feasibility stage
3) To reduce adverse environmental impacts of
the proposed project through:
o review process of project siting
o design and other alternatives
o formulation of environmental
management and monitoring plans
The Philippine Environmental
Impact Statement System (PEISS)

Covered Projects of the PEISS

a) The Philippine EIS System, as a rule, covers
undertakings that have significant adverse
impact to the environmental quality, as defined
under PP 2146 (1981), as either Environmentally
Critical Projects (ECPs) or located in
Environmentally Critical Areas (ECAs) as within
the scope of the Philippine EIS System.

On the other hand, section 5 of PD 1586 provides

for non-covered projects, which may be required
environmental safeguards if deemed necessary by
DENR.
The Philippine Environmental
Impact Statement System (PEISS)

Covered Projects of the PEISS

b) The mentioned provisions of PD 1586 do not
specifically preclude DENR from including into the
EIS System additional non-environmentally critical
project (NECP) types which if located in ECAs may
have significant impacts on the environment.
DENR may also exclude from the System certain
projects, regardless of location or threshold/project
size, due to nil significant impacts arising from
inherent benign or clean technology and due to the
very nature of the projects’ mitigation of
environmental issues or enhancement of the quality
of the environment.
The Philippine Environmental
Impact Statement System (PEISS)

Covered Projects of the PEISS

I. Environmentally Critical Projects
(ECPs)
- Are projects or programs that has
high potential for significant negative
environmental impact as defined
under Presidential Proclamation 2146
(1981).
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

I. Environmentally Critical Projects

(ECPs)
A. Heavy industries
• Non-ferrous metal industries
• Iron and steel mills
• Petroleum and petro-chemical
industries
• Oil and gas, and Smelting plants
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

I. Environmentally Critical Projects

(ECPs)
B. Resource extractive industries
• Major mining and quarrying projects
• Forest projects (Logging, Major wood
processing, Introduction of fauna in public
and private forests, Forest occupancy,
Extraction of mangrove products, Grazing)
• Fishery projects (Dikes for/and fishpond
development projects)
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

I. Environmentally Critical Projects

(ECPs)
C. Infrastructure Project
 Major dams (≥ 25 ha.or ≥20 million cu.m.)
 Major power plants
• Fossil-fueled
• Nuclear-fueled
• Hydroelectric (≥ 30 mw)
• Geothermal (≥ 50 mw)
 Major reclamation projects (≥ 50 ha.)
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

I. Environmentally Critical Projects

(ECPs)
C. Infrastructure Project
 Major roads and bridges
• major roads, new construction, widening
(≥ 20 km with no critical slope, ≥ 10 km
with critical slope)
• major bridges (≥ 10 km.)

D. Golf Course Projects (Presidential

Proclamation No. 803 (1996))
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

II. Environmentally Critical Areas (ECAs)

- are areas delineated as
environmentally sensitive such that
significant environmental impacts
are expected if certain types of
proposed project or programs are
located, developed or implemented
in it.
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

II. Environmentally Critical Areas (ECAs)

1. All areas declared by law as National Parks,
Watershed Reserves, Wildlife Preserves, and
Sanctuaries.
2. All areas set aside as aesthetic potential
tourist spots

3. Areas which constitute the habitat of any

endangered or threatened species of
Philippine wildlife (Flora/fauna).
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

II. Environmentally Critical Areas (ECAs)

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
o Geologic hazards
o Floods
o Typhoons
o Volcanic activity
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

II. Environmentally Critical Areas (ECAs)

7. Areas with critical slope
8. Areas classified as prime agricultural lands
9. Recharged aquifers
10. Water bodies characterised by the
following conditions:
o Tapped for domestic purposes
o Within the controlled and/or protected
areas declared by appropriate authorities
o Water bodies which support wildlife and
fishery activities
The Philippine Environmental Impact Statement
System (PEISS) Covered Projects

II. Environmentally Critical Areas (ECAs)

11. Mangrove areas characterised by the
following conditions:
o Primary pristine and dense young growth
o Adjoining mouth of major river systems
o Near or adjacent to traditional productive fry or
fishing grounds
o Areas which act as natural buffers against shore
erosion, strong winds and storm floods
o Areas on which people are dependent for their
livelihood
12. Coral reefs characterised by the following:
o With 50% and above live coralline cover
o Spawning and nursery grounds for fish
o Act as natural breakwater of coastlines
The Philippine Environmental
Impact Statement System (PEISS)

Categories of Projects Covered by the

PEISS
a) Category A - projects or undertakings
which are classified as environmentally critical
projects (ECPs).

Proponents of these projects implemented

from 1982 onwards are required to secure an
Environmental Compliance Certificate (ECC)
prior to implementation.
The Philippine Environmental
Impact Statement System (PEISS)

Categories of Projects Covered by the

PEISS
b) Category B - projects or undertakings which
are not classified as ECP under Category
A, but which are likewise deemed to
significantly affect the quality of the
environment by virtue of being located in
Environmentally Critical Area (ECA).

Proponents of these projects implemented from

1982 onwards are required to secure an ECC
prior to implementation.
The Philippine Environmental
Impact Statement System (PEISS)

Categories of Projects Covered by the

PEISS
c) Category C - projects or undertakings not
falling under Category A or B which are
intended to directly enhance the quality of
the environment or directly address existing
environmental problems.
Category D - projects or undertakings that are deemed unlikely to
cause significant adverse impact on the quality of the environment according
to the parameters set forth in the Screening Guidelines. These projects
are not covered by the Philippine EIS system and are not required to
secure an ECC. However, such non-coverage shall not be construed as an
exemption from compliance with other environmental laws and government
permitting requirements.
The Philippine Environmental
Impact Statement System (PEISS)

Categories of Projects Covered by the

PEISS
c) Category D - projects or undertakings that are
deemed unlikely to cause significant adverse
impact on the quality of the environment.

These projects are not covered by the

Philippine EIS system and are not required to
secure an ECC. However, such non-coverage
shall not be construed as an exemption from
compliance with other environmental laws and
government permitting requirements.
 Philippine Environmental Impact Statement System (PEISS)

tlp Required Environmental Impact Assessment (EIA) Documents For ECC applications:

A.Environmental Impact Statement

(EIS)
-- a comprehensive
study of the significant
impacts of a project on
the environment
prepared and submitted
by the project proponent
that serves as an
application for an ECC.
 Philippine Environmental Impact Statement System (PEISS)

tlp Required Environmental Impact Assessment (EIA) Documents For ECC applications:

B. Environmental Performance Report and

Management Plan (EPRMP)
-- a comprehensive
documentation of the
actual cumulative
environmental impacts
and effectiveness of
current measures for
projects that are already
operational.
 Philippine Environmental Impact Statement System (PEISS)
Required Environmental Impact Assessment (EIA) Documents For ECC applications:
tlp
C. Initial
Environmental
Examination
(IEE) Report

– a document similar
to an EIS, but with
reduced details and
depth of assessment
and discussion