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ENVIRONMENTAL LAW Reviewer Under Atty. Steve Mercano PDF
ENVIRONMENTAL LAW Reviewer Under Atty. Steve Mercano PDF
ENVIRONMENTAL LAW Reviewer Under Atty. Steve Mercano PDF
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
sea, and exclusive economic zone, and acquire not more than twelve hectares
reserve its use and enjoyment exclusively thereof by purchase, homestead, or grant.
to Filipino citizens.
Taking into account the requirements of
The Congress may, by law, allow small- conservation, ecology, and development,
scale utilization of natural resources by and subject to the requirements of
Filipino citizens, as well as cooperative fish agrarian reform, the Congress shall
farming, with priority to subsistence determine, by law, the size of lands of the
fishermen and fishworkers in rivers, lakes, public domain which may be acquired,
bays, and lagoons. developed, held, or leased and the
conditions therefor.
The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for
large-scale exploration, development, and SECTION 4. The Congress shall, as soon as
utilization of minerals, petroleum, and possible, determine by law the specific
other mineral oils according to the general limits of forest lands and national parks,
terms and conditions provided by law, marking clearly their boundaries on the
based on real contributions to the ground. Thereafter, such forest lands and
economic growth and general welfare of national parks shall be conserved and may
the country. In such agreements, the State not be increased nor diminished, except
shall promote the development and use of by law. The Congress shall provide, for
local scientific and technical resources. such period as it may determine,
measures to prohibit logging in
The President shall notify the Congress of endangered forests and watershed areas.
every contract entered into in accordance
with this provision, within thirty days from
its execution.
SECTION 5. The State, subject to the
provisions of this Constitution and national
development policies and programs, shall
SECTION 3. Lands of the public domain are protect the rights of indigenous cultural
classified into agricultural, forest or communities to their ancestral lands to
timber, mineral lands, and national parks. ensure their economic, social, and cultural
Agricultural lands of the public domain well-being.
may be further classified by law according
to the uses which they may be devoted. The Congress may provide for the
Alienable lands of the public domain shall applicability of customary laws governing
be limited to agricultural lands. Private property rights or relations in determining
corporations or associations may not hold the ownership and extent of ancestral
such alienable lands of the public domain domain.
except by lease, for a period not
exceeding twenty-five years, renewable
for not more than twenty-five years, and
not to exceed one thousand hectares in SECTION 6. The use of property bears a
area. Citizens of the Philippines may lease social function, and all economic agents
not more than five hundred hectares, or shall contribute to the common good.
Individuals and private groups, including
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
corporations, cooperatives, and similar SECTION 10. The Congress shall, upon
collective organizations, shall have the recommendation of the economic and
right to own, establish, and operate planning agency, when the national
economic enterprises, subject to the duty interest dictates, reserve to citizens of the
of the State to promote distributive justice Philippines or to corporations or
and to intervene when the common good associations at least sixty per centum of
so demands. whose capital is owned by such citizens, or
such higher percentage as Congress may
prescribe, certain areas of investments.
The Congress shall enact measures that
SECTION 7. Save in cases of hereditary will encourage the formation and
succession, no private lands shall be operation of enterprises whose capital is
transferred or conveyed except to wholly owned by Filipinos.
individuals, corporations, or associations
qualified to acquire or hold lands of the In the grant of rights, privileges, and
public domain. concessions covering the national
economy and patrimony, the State shall
give preference to qualified Filipinos.
SECTION 8. Notwithstanding the provisions The State shall regulate and exercise
of Section 7 of this Article, a natural-born authority over foreign investments within
citizen of the Philippines who has lost his its national jurisdiction and in accordance
Philippine citizenship may be a transferee with its national goals and priorities.
of private lands, subject to limitations
provided by law.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
the executive and managing officers of SECTION 16. The Congress shall not,
such corporation or association must be except by general law, provide for the
citizens of the Philippines. formation, organization, or regulation of
private corporations. Government-owned
or controlled corporations may be created
or established by special charters in the
SECTION 12. The State shall promote the interest of the common good and subject
preferential use of Filipino labor, domestic to the test of economic viability.
materials and locally produced goods, and
adopt measures that help make them
competitive.
SECTION 17. In times of national
emergency, when the public interest so
requires, the State may, during the
emergency and under reasonable terms
prescribed by it, temporarily take over or
SECTION 13. The State shall pursue a direct the operation of any privately
trade policy that serves the general owned public utility or business affected
welfare and utilizes all forms and with public interest.
arrangements of exchange on the basis of
equality and reciprocity.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
qualifications and disabilities as may be
prescribed by law. The authority shall
provide policy direction in the areas of
money, banking, and credit. It shall have
supervision over the operations of banks
and exercise such regulatory powers as
may be provided by law over the
operations of finance companies and other
institutions performing similar functions.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
shall be the duty and responsibility of
each individual to contribute to the
preservation and enhancement of the Before an environmental impact
Philippine environment. 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
Section 4. Environmental Impact environmental impact statement made by
Statements. Pursuant to the above the lead agency within thirty (30) days
enunciated policies and goals, all agencies from receipt of the same.
and instrumentalities of the national
government, including government-owned
or controlled corporations, as well as
private corporations firms and entities Section 5. Agency Guidelines. The
shall prepare, file and include in every different agencies charged with
action, project or undertaking which environmental protection as enumerated
significantly affects the quality of the in Letter of Instruction No. 422 shall,
environment a detail statement on within sixty (60) days from the effectivity
of this Decree, submit to the National
Environmental Protection Council (NEPC),
their respective guidelines, rules and
(a) the environmental impact of the regulations to carry out the provisions of
proposed action, project or undertaking Sec. 4 hereof on environmental impact
assessments and statements.
(d) a determination that the short-term Section 7. Effectivity. This Decree shall
uses of the resources of the environment take effect immediately.
are consistent with the maintenance and
enhancement of the long-term
productivity of the same; and
Done in the City of Manila this 6th day of
June in the year of Our Lord, nineteen
hundred and seventy-nine.
(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. 1. PRESIDENTIAL DECREE No. 1586
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ESTABLISHING AN ENVIRONMENTAL which significantly affect the quality of the
IMPACT STATEMENT SYSTEM, environment.
INCLUDING OTHER ENVIRONMENTAL
MANAGEMENT RELATED MEASURES Section 8. Rules and Regulations. The
AND FOR OTHER PURPOSES National Environmental Protection Council
shall issue the necessary rules and
regulations to implement this Decree. For
this purpose, the National Pollution Control
WHEREAS, the pursuit of a comprehensive Commission may be availed of as one of
and integrated environment protection its implementing arms, consistent with the
program necessitates the establishment powers and responsibilities of the National
and institutionalization of a system Pollution Control Commission as provided
whereby the exigencies of socio-economic in P.D. No. 984.
undertakings can be reconciled with the
requirements of environmental quality;
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
Sec 3 Definition of Terms : the project proponent and/or EIA
Consultant that serves as an application
*Environment - Surrounding air, water for an
(both ground and surface), land, flora,
ECC. It is a comprehensive study of the
fauna, humans and their interrelations. significant impacts of a project on the
may have significant impact on the proponent will fund and implement to
environment. protect the environment.
* Environmental Compliance
Certificate (ECC)- document issued by
the Section 3 Functions of Lead Agencies
Determination of Lead Agency. The
DENR/EMB after a positive review of an Minister of Human Settlements or his
designated representative is hereby
ECC application, certifying that based
authorized to name the lead agencies
referred to in Section 4 of Presidential
on the representations of the proponent, Decree No. 1151 which shall have
the proposed project or undertaking will jurisdiction to undertake the preparation
of the necessary environmental impact
not cause significant negative: statements on declared environmentally
critical projects and areas. All
environmental impact. The ECC also
Environmental Impact Statements shall be
certifies that submitted to the National Environmental
Protection Council for review and
the proponent has complied with all the evaluation.
requirements of the EIS System and has
Sec 6 and 7 Rights and obligations of
interested parties and duties and
committed to implement its approved
responsibilities of a project
Environmental Management Plan. The ECC proponent
Section 6. Appeal
contains specific measures and conditions Any party aggrieved by the final decision
that the project proponent has to on the ECC / CNC applications may, within
15 days from receipt of such decision, file
an appeal on the following grounds:
undertake before and during the operation
of a project, and in some cases, during a. Grave abuse of discretion on the part of
the deciding authority, or
the project's abandonment phase to b. Serious errors in the review findings.
mitigate identified environmental impacts.
The DENR may adopt alternative
conflict/dispute resolution procedures as a
* Environmental Impact Statement
means to settle grievances between
(EIS) - document, prepared and submitted proponents and aggrieved parties to avert
by unnecessary legal action. Frivolous
appeals shall not be countenanced.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
The proponent or any stakeholder may file
an appeal to the following:
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ARTICLE II Declaration of a. tapped for domestic purposes;;
Environmentally Critical Projects or b. within the controlled and/or protected
Areas areas declared by appropriate authorities;
c. which support wildlife and fishery
PROCLAMATION NO. 2146 of 1981 activities.
A. Environmentally Critical Projects 11. Mangrove areas characterized by one
I. Heavy Industries or any combination or the following
a.Non-ferrous metal industries conditions:chanroblesvirtuallawlibrary
b. Iron and steel mills a. with primary pristine and dense young
c.Petroleum and petro-chemical industries growth;
including oil and gas b. adjoining mouth of major river systems;
d. Smelting plants c. near or adjacent to traditional
II. Resource Extractive Industries productive fry or fishing grounds;
a.Major mining and quarrying projects d. which act as natural buffers against
b. Forestry projects shore erosion, strong winds and storm
1. Logging floods;
2. Major wood processing projects e. on which people are dependent for their
3. Introduction of fauna (exotic-animals) in livelihood.
public/private forests 12. Coral reef characterized by one or any
4. Forest occupancy combination of the following
5.Extraction of mangrove products conditions:chanroblesvirtuallawlibrary
6. Grazing a. with 50% and above live coralline cover;
c. Fishery Projects b. Spawning and nursery grounds for fish;
1. Dikes for fishpond development projects c. Which act as natural breakwater of
III. Infrastructure Projects coastlines.
a. Major dams Section 1. Basic Policy and Operating
b. Major power plants (fossil-fueled, Principles
nuclear fueled, hydroelectric or Consistent with the principles of
geothermal) sustainable development, it is the policy of
c. Major reclamation projects the DENR to
d. Major roads and bridges. implement a systems-oriented and
B. Environmentally Critical Areas integrated approach to the LIS system to
1. All areas declared by law as national ensure a
parks, watershed reserves, wildlife rational balance between socio-economic
preserves and sanctuaries; development and environmental
2. Areas set aside as aesthetic potential protection for
tourist spots; the benefit of present and future
3. Areas which constitute the habitat for generations.
any endangered or threatened species of The following are the key operating
indigenous Philippine Wildlife (flora and principles in the implementation of the
fauna); Philippine
4. Areas of unique historic, EIS System:
archaeological , or scientific interests; a. The EIS System is concerned primarily
5. Areas which are traditionally occupied with assessing the direct and indirect
by cultural communities or tribes; impacts of a project on the biophysical
6. Areas frequently visited and/or hard-hit and human environment and ensuring
by natural calamities geologic hazards, that
floods, typhoons, volcanic activity, etc. these impacts P re addressed by
7. Areas with critical slopes; appropriate environmental protection and
8. Areas classified as prime agricultural enhancement measures.
lands; b. The EIS System aids proponents in
9. Recharged areas of aquifers; incorporating environmental
10. Water bodies characterized by one or considerations in
any combination of the following
conditions;;
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
planning their projects as well as in The EMB Director or the EMB-RD may
determining the environment's impact on issue a Cease and Desist Order (CDO)
their based on violations under the Philippine
project. EIS System to prevent grave or irreparable
c. Project proponents are responsible for damage to the environment. Such CDO
determining and disclosing all relevant shall be effective immediately. An appeal
information necessary for a methodical ' or any motion seeking to lift the CDO shall
assessment of the environmental impacts not stay its effectivity. However, the DENR
of their projects; shall act on such appeal or motion within
d. The review of the EIS by EMB shall be ten (10) working days from filing.
guided by three general criteria: (1) that
environmental considerations are The EMB may publish the identities of
integrated into the overall project firms that are in violation of the EIA Law
planning, (2) and its Implementing Rules and
that the assessment is technically sound Regulations despite repeated Notices of
and proposed Violation and/or Cease and Desist Orders.
environmental mitigation, measures are
effective, and (3) that , social
acceptability is based on informed public PD 1586 Section 9. Penalty for
participation; Violation. Any person, corporation or
e. Effective regulatory review of the EIS partnership found violating Section 4 of
depends largely on timely full; and
this Decree, or the terms and conditions in
accurate disclosure of relevant:
information by project proponents and, the issuance of the Environmental
other Compliance Certificate, or of the
stakeholders in the EIA process standards, rules and regulations issued by
f. The social acceptability of a project is a the National Environmental Protection
result of meaningful public participation, Council pursuant to this Decree shall be
which shall be assessed as part of the punished by the suspension or
Environmental Compliance Certificate
cancellation of his/its certificate or and/or
(ECC) application, based on concerns
related to the project's environmental a fine in an amount not to exceed Fifty
impacts; Thousand Pesos (P50,000.00) for every
g. The timelines prescribed by this Order, violation thereof, at the discretion of the
within which an Environmental - National Environmental Protection Council.
Compliance Certificate must be issued, or
denied, apply only to processes and
actions within the Environmental
Management Bureau's (EMB) control and
do
not include actions or activities that are
the responsibility of the proponent.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
4. EXECUTIVE ORDER NO. 291 compromising the ability of the future
January 12, 1996 generations to meet their own needs.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ii. The EUs of the GFIs shall ensure expansion of the EIA Review Committee
that loan or related funding applications of members and setting their honoraria
government and private institutions have within the limits and qualifications set
complied with the EIS System. forth by DBM National Compensation
Circulars.
The Department of Environment and
Natural Resources (DENR) and the SEC. 5.Repealing Clause. All orders,
Environmental Management Bureau (EMB) issuances, circulars, rules and regulations
shall monitor compliance with the ECC, or portions thereof inconsistent with the
and be in-charge of the formulation, provisions of this Executive Order are
dissemination and enforcement of policies hereby repealed or amended.
on environmental standards and
compliance monitoring. SEC. 6. Effectivity. This Order shall take
effect immediately. lawphi1.net
SEC. 4.Continuous Strengthening of the
Environmental Impact Assessment DONE in the City of Manila, this 12th day
Capability of the DENR. of January in the year of Our Lord,
Nineteen Hundred and Ninety-Six.
The importance of environmental impact
assessment in pursuing balanced 5. PD 2146 (See Declaration of
economic growth will have to be Environmentally Critical
supported by continuing efforts to further Projects/Areas) and
upgrade DENR-EMB's and DENR Regional
Office's capabilities to undertake fast and DENR Administrative Order 96-37
efficient review of EIS. These efforts shall (Attached pp1-5)
include but are not limited to the
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