AN ACT

TO RATIONALIZE AND STREAMLINE THE ENVIRONMENTAL IMPACT

ASSESSMENT (EIA) REQUIREMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

PRELIMINARY TITLE

Chapter 1
Basic Policies

Section 1. Short Title. This Act shall be known and referred to as the “Philippine
Environmental Impact Assessment and Management (EIAM) Act of 20__”.
Section 2. Declaration of Policy. The State shall continue the policy of pursuing
and sustaining orderly balance between socio-economic growth and environmental
protection through a rational and efficient EIA System. The existing practices under the
current Philippine EIS System shall be streamlined and rationalized to the bare essentials
in effectively managing environmental impacts of undertakings.
Chapter 2
Environmental Impact Assessment and Management Planning
Section 3. Necessity of an EIA. An Environmental Impact Assessment (EIA)
shall be conducted as an integral part of project planning to ensure that that
environmental impact management measures are integrated in the design of the project
and its operations. In this way, significant impacts to the environment are expected to be
managed more effectively regardless of whether or not these undertakings are required to
submit EIA Report to the government for review.
Section 4. Preparation and Submission of an EIA Report. Consistent with the
above-mentioned policy for the rationalization and streamlining of the existing EIA
System for purposes of facilitating the implementation of development projects and
optimizing the use of the meager resources of the government the following shall be
implemented:
1) Only the following types of projects, posing significant adverse impacts on the
environment are required to submit an EIA Report for review by the EMB-DENR:
a) Proposed heavy and other processing/manufacturing industries (including food
manufacturing and mineral processing) except those that are classified by the DTI
as micro business enterprises or its equivalent.
 b)Proposed extraction of coal, metallic ores/minerals, non-metallic minerals
(>20,000MT/yr), oil and gas.
c) Proposed dams (including those for irrigation, flood control, water source and
hydropower projects)
d)Proposed power plants including renewable energy projects greater than 5MW
e) Proposed reclamation and other land restoration project greater than 5 hectares
f) Proposed domestic and hazardous waste treatment and disposal facilities
g)Proposed industrial parks or other co-located projects intended for programmatic
compliance
h)Other similar big projects projected to pose significant impacts to the environment.
i) Expansion of the above types of projects beyond 50% of its original size/capacity
or modification which entails more adverse or different environmental impacts.
2) For projects classified under item 1, the conduct of the EIA and the preparation of the
report shall be done by competent professionals who shall assume accountability for
the findings and recommendations contained in the report. The EMB-DENR shall
devise a system, conduct activities and/or forge necessary partnerships (e.g. academic
institutions, professional associations, training institutions) in order to facilitate the
maintenance of the quality of EIAs. The EMB-DENR shall facilitate the establishment
of a system of accreditation for preparers and reviewers of EIA, which shall take into
consideration their competence, expertise, track record, integrity and independence.
3) Projects other than those identified in item 1 including micro-, small-, and medium-
scale projects and other similar activities shall not be required to submit to EMB-
DENR an EIA Report but project implementors shall commit to comply with the
applicable impact mitigating/management measures as prescribed by EMB-DENR (to
be published in website) and all applicable environmental standards. The concerned
LGUs shall integrate these impact mitigating/management measures in their local
permitting system.
4) For projects with government implementing agencies such as DOT, DOTR, DPWH,
DOH (including Public Private Partnership Projects) and other projects that are
regulated by other government agencies such as DOE, DA, LGUs, NEDA, the
appropriate agency shall ensure that the impact mitigating/management measures are
integrated in the planning and design of the project.

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5) For fragile/protected ecosystems, heritage sites, watershed areas and similar areas, the
government entities/corporations or non-government/private institutions with
jurisdiction over such areas (e.g. PAMB for protected areas; NHI/LGUs for heritage
sites, DOT/LGUs for tourist areas, etc.) shall develop a system to ensure that
environmental impacts of projects including those that are not classified in the list in
item 1 are effectively managed. Ecoprofiling, carrying capacity analysis and
comprehensive environmental management plan for these areas shall be
conducted/developed as a consideration in regulating /allowing project locators within
these areas. The management of this areas shall not be lodged solely on the EIA
System. Technical assistance from the DENR may be secured for this, as necessary.
6) Natural hazards as well as climate change projections shall be considered in the EIAs.
Considering the Local Action Plans for Climate Change Adaptation & Mitigation as
well as Disaster Risk Reduction and Management, appropriate disaster risk
management plan and climate change adaptation measures shall be identified as an
input to project planning and detailed design.
7) Valid inputs from the immediate community in the vicinity of the project site shall be
integrated in the analysis of the environmental impacts to be reflected in the EIA
Report.
8) Detailed guidance on the preparation of EIA Reports for projects classified under Item
1 of Section 4 shall be formulated by EMB-DENR, as necessary.
Section 5. Content of the EIA Report. The EIA report should contain sufficient
information to be able to identify all relevant environmental impact issues for use as input
decision criteria for design and location alternatives and identify environmental factors
that should be considered in the project design and costing. Specifically, the EIA Report
to be submitted for CPEC application shall contain the following:
1) A clear description of the undertaking (including alternatives) and the local
environment just sufficient to make a technically sound EIA
2) Identification, Analysis and Assessment of Impacts and Risks
3) Impact Mitigation / Management Plan including relevant recommendations for
detailed engineering design
4) Monitoring and Evaluation Plan
5) Documentation of Public Involvement and corresponding inputs during
Consultations / Hearings

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6) Non-technical summary
7) Accountability Statement of the Project Proponent and the EIA Preparer (if any)
The results of the EIA is intended as an input to detailed engineering design and as such,
the project concept that is currently undergoing feasibility study shall suffice for EIA
purposes.
Section 6. EIA Review. The objective of the review is to ensure technically
sound and adequate assessment of the environmental impacts of proposed undertakings
sufficient to identify appropriate project design/planning considerations in order to
optimally and effectively manage adverse impacts and maximize positive impacts to the
environment. This objective shall apply to the review conducted by EMB-DENR for
projects identified in Item 1 of Section 4 or by other entities for other types of projects.
For the EIA Review by the EMB-DENR, the following shall be implemented:
1) The EIA Report submitted for projects identified in Item 1 of Section 4 shall be
reviewed by the EMB-DENR and as necessary, technical assistance of a multi-
disciplinary team of independent experts shall be secured.
2) The sufficiency of the integration in the EIA Report of inputs from the local
government and the immediate community in the vicinity of the project site shall be
validated during the review. Public Consultation / Hearing may be conducted as
necessary.
3) A report on the review of the EIA shall be prepared in support of the review
recommendations.
4) The cost of such review shall be financed by the proponent (whether government or
private) through a fund manager,.
5) The review of the EIA Report shall result into a decision on whether or not a
Certificate of Proponent’s Environmental Commitment (CPEC) will be issued. The
CPEC shall be required prior to implementation of projects classified in Section 4,
Item 1 list. It shall certify that the EIA is technically sound at the feasibility study
stage and that proponent has identified and has committed to integrate corresponding
recommendations into its overall project design and management.
Chapter 3
Management of Environmental Impacts
The management of environmental impacts shall primarily be the responsibility of
the project implementor. The EIA and the CPEC (for those covered by the requirement)
along with other environmental and related standards shall serve as a guide.

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 Section 6. Use of the EIA. The EIA shall, among others, be used for the
following purposes:
1) Basis for the issuance or non-issuance of the CPEC.
2) Input to the Feasibility Study (FS) Report for all projects with significant
environmental impacts including those that are not required to secure CPEC.
3) Reference of different government agencies including LGUs in issuing required
permits and clearances
4) Reference of project implementors in managing the environmental impacts of
projects and in developing appropriate measures for sustained compliance to
prescribed environmental and related standards.
5) Reference of project implementors in developing natural hazards and climate change
impacts resiliency measures.
Section 7. Use of the CPEC. All concerned national government agencies and local
government units shall consider the CPEC in their decision-making process. It shall
likewise be considered by project implementers in the design and implementation of their
projects.
The CPEC shall not, in any manner, exempt the proponent from securing other
government permits and clearance required by other laws, nor shall it be construed as
resolving issues within the mandate of other government agencies, such as those relating
to land ownership and possession rights. It is intended as an input on environmental
management to actual decision-making on various permits and clearances
Section 8. Undertaking Strategic Environmental Assessment (SEA). To facilitate
the conduct of EIAs for individual development projects and its eventual implementation,
government agencies shall conduct Strategic Environmental Assessment (SEA) as an
integral part of the formulation of the policy, plan or program including those that relates,
but not limited to energy, agriculture, forestry, fisheries, energy, health, resource
extraction, infrastructure, transport, waste management, water management, tourism,
coastal zone management, national, regional, provincial and municipal/city development
planning or land use.
Chapter 4
Monitoring, Evaluation and Enforcement
The EMB-DENR and other government agencies with jurisdiction over the type
of the project, the type of impacts and the project area shall monitor compliance to related

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commitments and evaluate the performance of the implementor in managing the impacts
of undertakings.
Section 9. EMB-DENR Responsibilities. The EMB-DENR shall have the
following responsibilities in relation to the monitoring and evaluation of environmental
impacts of projects:
1) Informing relevant government agencies of the identified environmental impacts
related to their mandates that need to be monitored and managed as part of CPEC.
2) Regular and periodic evaluation of the implementation of committed mitigating
measures as part of the EIA Report submitted for CPEC application and of the
performance of the project implementor in managing the impacts of the project on air
and water, solid and hazardous wastes, chemicals handling .
3) Provide technical assistance to other government agencies, LGUs and private entities
in their respective responsibilities in monitoring, evaluation and management of
environmental impacts
Section 10. Responsibilities of LGUs and Relevant Government Agencies. The
LGUs and relevant government agencies (e.g. DOE for power projects, DOT for tourism
projects) shall integrate in their project implementation monitoring and evaluation system
the evaluation of the environmental impact management especially for projects that are
not required to secure CPEC from EMB-DENR. Technical assistance from EMB-DENR
may be secured as needed.
Section 11. Multi-partite Monitoring Team and Environmental
Monitoring Fund. Multi-partite monitoring teams (MMTs) may be organized to
encourage public participation, promote greater stakeholder vigilance, and provide
appropriate check and balance mechanisms in the monitoring of project implementation
for the following cases:
1) For projects that are required CPEC and are deemed critical by the EMB-DENR
2) For cluster of projects based on SEA recommendations
The MMTs shall be composed of representatives of the relevant national agencies, local
government units, non-governmental organizations, and other stakeholders in the affected
communities. The government representatives shall be selected by the Bureau based on
the relevance of their mandates, while those from non-governmental organizations and
affected communities shall be selected from among themselves in a process facilitated by
the concerned LGU.

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 Section 12. Financial Guarantee Mechanism. As part of the CPEC
requirements, the Bureau may require project proponents to put up a financial guarantee
mechanism to respond to the need for clean-up or rehabilitation of areas that may be
damaged, whether directly or indirectly, or through occurrences, anthropogenic or
otherwise, by a project, during and after its operation.
Provisions for financial liability shall ensure just and timely compensation for any
adverse effects which project implementation may directly or indirectly cause on the
environment or the community.
Section 13. Non-Liability to the Authenticity of EIA Documents. The documents
that may be required by the Bureau for the conduct of an EIA shall be used solely to
determine the scope and potential impacts of proposed projects on the environment. The
Bureau shall not be liable to any allegations or conclusions of fraud, falsification, or
misrepresentation attending the submitted documents. Any issues or disputes that may
arise from such documents shall be resolved in appropriate forums, courts or tribunals.
Section 14. Sanctions for Violations. Any critical project that are covered by the
requirement to secure CPEC which shall operate without the required CPEC shall be
fined an amount not less than One Hundred Thousand Pesos (Php100,000.00) but not
more than Twenty Million Pesos (Php20,000,000.00) depending on the magnitude of the
environmental risks and upon the final decision of the Bureau. The chief operating officer
or executive officer of the proponent firm shall be held criminally liable and shall be
imprisoned for a period not less than two (2) years but not more than ten (10) years, at the
discretion of the Court. These projects may also face closure, suspension of development
or construction, or cessation of operations if such causes actual adverse impacts or
imminent danger to the environment and the community until such time that proper
environmental safeguards are put in place and the necessary CPEC has been issued.
Any project proponent found in violation of the CPEC shall be imposed a fine in
the amount of not less than Fifty Thousand Pesos (Php 50,000.00) for every violation,
depending upon the type and impact of the violation, but not more than Ten Million
Pesos (Php 10,000,000.00) per violation, plus cost of damages, at the discretion of the
Bureau.
Section 15. Administrative Action. Without prejudice to the right of any affected
person to file an administrative action, the Department shall, on its own instance or upon
verified complaint by any person, institute administrative proceedings against any person

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who violates the provisions of this Act and the orders, rules and regulations promulgated
pursuant thereto.
Chapter 4
Funding, Implementation and Final Provisions
Section 16. Environmental Revolving Fund. The Environmental Revolving Fund
(ERF) created under Presidential Decree No.1586 shall remain to be operational. It shall
be used primarily for defraying administrative expenses, equipment purchases or leases
and other program costs directly incurred in the implementation of this Act. The ERF
may be sourced from donations, endowments and grants in the form of contributions.
Such endowments shall be exempt from income or gift taxes and all other taxes, charges
or fees imposed by the government or any political subdivision, instrumentality or
agency. It shall also include funds to be provided by proponents for the review of specific
projects. All income likewise generated from fees, fines and penalties directly related to
the implementation of this Act shall accrue to the ERF.
All fund transactions shall, however, be subject to the usual auditing procedures
in accordance with existing laws
Section 17. Appropriations. Sufficient funds shall be appropriated for EMB-
DENR and other relevant agencies implementing Act under their respective annual
budget pursuant to the GAA.
Section 18. Implementing Rules and Regulations. Unless otherwise provided in
this Act, the EMB-DENR and other implementing agencies shall promulgate the
implementing rules and regulations of this Act, within one (1) year after its effectivity.
Section 23. Separability Clause. Should any provision herein be subsequently
declared unconstitutional, the same shall not affect the validity or legality of the other
provisions of this Act.
Section 24. Repealing Clause. Presidential Decree No. 1586, except Section 10
thereof, Presidential Proclamation No. 2146, Executive Order No. 803, and Office of the
President Administrative Order No. 42, series of 2002 are hereby repealed. All laws,
orders, rules and regulations or any part thereof which are inconsistent with the
provisions of this Act are hereby amended or modified accordingly.
Section 39. Date of Effectivity. This Act shall take effect fifteen (15) days after
its publication in the official Gazette or in two (2) newspapers of general circulation.
Approved,