Regulatory Framework, Challenges and Policy

EIA in the Philippines was originally conceived in 1977 with the issuance of the Philippine
Environmental Policy (Presidential Decree 1151). This law mandates all national government
agencies, including government-owned and controlled corporations, as well as private
corporations, firms and entities to prepare an Environmental Impact Statement (EIS) for any
project or activity that significantly affects the quality of the environment.
 
Presidential Decree 1586 issued on 11 June 1978 established the Philippine EIS System
(PEISS). PD 1586 provides that no person, partnership or corporation shall undertake or
operate any such declared environmentally critical project (ECP) or project within an
environmentally critical area (ECA) without first securing an environmental compliance
certificate (ECC).

Scope of the Philippine EIS System

Presidential Proclamation 2146 issued in 1981 provided technical description of projects
considered as ECPs which includes Heavy industries, Resource extractive industries,
Infrastructure projects. Following is the definition proveded in the said presidential proclamation:
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.

The construction, development and operation of golf courses was added to the list of ECPs
through Presidential Proclamation 803 issued on June 6, 1996.

Based on PP 2146, undertakings that are not classified as ECP but are located in
Environmentally Critical Areas are likewise required to secure ECCs. Following is the technical
description of ECAs as provided for in PP 2146:
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 or 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 reef characterized by one or any combination 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

More detailed guidelines on this is prescribed in a Procedural Manual.
 
EIA Report Requirement

Depending on the type and status of the project, there are different types of EIA Report required
for ECC applications:
Environmental Impact Statement (EIS) for proposed new ECPs and some Non-ECPs (single
projects).
Initial Environmental Examination (IEE) Checklist report form for new Non-ECPs in ECAs (single
projects).
Programmatic EIS for new co-located projects and for existing facilities with significant
expansion/change in operation, an Environmental Performance Report and Management Plan
(EPRMP) is required - this also has a "programmatic" version for co-located projects of this
type.

Sectoral guides and forms are now available for further guidance and standardization.
 
Procedures and Standards

Procedures and Standards in the review of EIA Reports as well as in monitoring and reporting
for compliance is prescribed in various levels of administrative issuances, manuals and
guidelines the latest of which is the technical guidelines for the Integration of Disaster Risk
Reduction (DRR) and Climate Change Adaptation (CCA) in the Philippine EIS System (I guess,
the 1st in Asia). All of these are available in the EMB Website : www.emb.gov.ph
 
The EMB had also prescribed forms to customize, standardize and simplify EIA requirements
under the Philippine EIS System.
To facilitate the scoping process, the first step in the Philippine EIS system where proponents,
EIA preparers and the EMB meet to discuss the scope of the EIA report that will be submitted,
EMB have prepared project-specific EIS screening forms that outline the data/ study
requirement for EIS.  The forms can be used for agricultural plantation, food and beverages
plants, non-food manufacturing (textile, rubber, chemical), forestry projects, hydropower/dam
projects, mining projects, sanitary landfill projects, and thermal power plant projects.  We are
currently preparing more screening forms – for this year.
 
The bureau had also prepared project- or sector-specific IEE checklists including a generic
form.  The IEE Checklist Report form is designed for non-ECPs to standardize and simplify
compliance with the EIA Requirement and replaces the use of an IEE Report.  Sectors covered
include fisheries/aquaculture projects, housing project, livestock and piggery projects, resorts
and other tourism projects, and many others. Additional checklists is currently being finalized.
 
For ECC issued projects, pro-forma compliance monitoring report forms for project owners as
well as MMTs are prescribed for purposes of simplification and standardization but still
emphasizing the need to properly identify and monitor critical impacts of projects to the various
environmental parameters.

Under the PEISS, certain projects are also required to establish a multipartite monitoring team
(or MMT).  It is composed of the proponent, EMB, local government units and other
stakeholders.  The MMT is required for certain projects to serve as a third party monitoring
group.  It validates the self-monitoring of the proponent and serves as a venue for public
participation.  It is also a frontline grievance mechanism.

For projects deemed to pose significant public risk, an environmental guarantee fund (or EGF)
is required.  Financed by the proponent and co-managed with EMB, the EGF is a compensatory
mechanism for damages that may be caused by the project. The EGF also serves to ensure
adequate financial resources are available for the rehabilitation and restoration measures
needed upon project closure.
 
The Bureau had also established an EIS Information system.  The system serves to provide
management support by providing real time data for decision makers as well as to improve the
operational efficiency of our personnel. The EIS information system allows for on-line query on
application status.  It provides updates and a document tracking feature.  Together with other
institutional enhancement measures, the average processing time for ECC application have
considerably dropped.
 
Challenges

EMB operates as a line Bureau with direct line of command down to the regional offices.  The
EIA Management Division (or EIAMD) is the unit responsible for processing ECC applications
and post-ECC monitoring.

The institutional capacity of the EMB is facing challenges due to inadequate manpower, very
high turnover rate of staff due to security of tenure issue, and budgetary constraint.  This is
compounded further with the demands for more thorough yet streamlined processes which
overwhelms DENR manpower and budget resources.The high turnover rate and budgetary
constraints have seriously affected the current level of technical skills and capability of our
people, both at the central and regional level.A key institutional limitation is the status itself of
the Division.  We have finished the personnel rationalization plan making the EIA a full pledged
division, but still awaiting approval from the DBM.

On another aspect, the high awareness and appreciation of the Philippine EIS System on the
part of other government agencies, financial and banking institutions, and local government unit
have significantly improve the compliance rate especially in the last 10 years.  On the other
hand, with the “high popularity” of the EIS System, the Bureau is now subjected to numerous
external pressures. Overlapping mandates with local government units have brought about
political pressures and sometimes, institutional conflicts with the LGU concerned.  

Another external factor is the strengthening of the judicial system in terms of environmental
enforcement.  Green courts have been established to exclusively handle environmental cases
 
Despite the high awareness and policy enhancements, the Environmental Compliance
Certificate (or ECC) is still subject to some misconceptions.

Under the law, the system is premised on the use of the EIA process as a planning/
management tool.  However, there is still a significant portion of our regulated community who
still view the ECC as a permit or as a regulatory instrument. As such, the real benefits of the EIA
process have not been fully realized in such cases since proponent have viewed the process of
obtaining the ECC as a regulatory requirement.  

Another challenge is to improve the disclosure mechanisms.  On one hand, proponents are
reluctant for public releases of information especially concerning business and proprietary
information.  On the other hand, NGOs have criticized the difficulty in getting access to
information about proposed projects.  

Finally, with 16 regional units implementing the system across the country.  Enforcement issues
have been raised in terms of uniformity and standardization.  There are criticisms that there are
different and varying interpretations in different regions of the country.  Also, enforcement
procedures are known to be varied in different regions.

Policy Directions

Facing the challenges head-on, the bureau had continually implemented progressive
enhancement and improvement initiatives for the PEISS. The current targets consist of six
major strategic policy thrusts aimed at addressing the challenges.

First, the EMB strives to formulate a screening system that is more objective.  The procedure of
determining project coverage should be devoid of ambiguities and inconsistency.  Likewise, the
process should be updated to consider new technologies and processes.

Second, Considering the variety of project types, with varying type and scale of environmental
impacts,  covered by the ECC requirement, the Bureau is into the development of standard list
of application requirements per project type/sector is projected to result in simplified compliance
and a more uniform enforcement across the country.  For smaller projects with minimal
environmental impacts a pro-forma EIA Report has also been formulated.
 
The third thrust of Streamlining of procedures will facilitate implementation of development
projects.  By coming up with a standard and streamlined procedures, the rules are more
understandable and concise for both the regulated communities and public stakeholders.
 
The fourth strategic priority is aimed at enhancing the transparency mechanism.  By making the
screening and other procedures available on the web, public disclosure and transparency would
be improved.  This would also improve productivity by lessening the workload of the bureau’s
limited manpower.

The fifth area for enhancement is the monitoring mechanism.  The PEISS is only effective if the
environmental performance of the regulated communities is efficiently monitored.  On the other
hand, it is also projected that the enhancement initiative should make compliance by proponents
easier. further, with a total of over 40,000 ECCs issued, the EMB is also into institutionalization
of an environmental risk-based monitoring prioritization scheme.

The last, but not least, of the priorities is the institutionalization and enhancement of capability
building programs.  This would ensure that policy implementers and enforcers have the
sufficient and sustained skills and knowledge to properly enforce the system.
 
The Philippine EIS System
Regulatory Framework: Challenges,
Initiatives & Policy Directions

First National Convention on the

Philippine EIS System
19-21 June 2013 Manila Hotel, City of Manila, Philippines
 Establishment & Administration Authority

PD 1586 (1978)
- Established the Philippine EIS System
- National Environmental Protection Council (or NEPC)
was given the authority to administer

Executive Order No. 192 (1987)

- transfer of Philippine EIS System administration
authority to EMB under DENR

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Environmentally Critical Projects (ECPs)
y Heavy Industries
y Resource Extractive Industries
y Major Infrastructure Projects
y Golf Course Projects

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Environmentally Critical Areas (ECAs)
1. national parks, watershed reserves, wildlife
preserves and sanctuaries;
2. aesthetic potential tourist spots;
3. habitat for any endangered or threatened species
of indigenous Philippine Wildlife (flora and fauna);
4. unique historic, archaeological , or scientific
interests areas
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.

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Environmentally Critical Areas (ECAs)
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies
11. Mangrove areas characterized by one or
any combination or the following conditions:
12. Coral reef characterized by one or any
combination of the following conditions:

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
Forms of EIA Report for ECC Applications

• Environmental Impact Statement (EIS)

• Initial Environmental Examination
(IEE)
• Programmatic EIS
• Environmental Performance Report and
Management Plan (EPRMP)
• Programmatic EPRMP

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 EIA Review and Monitoring Procedures and
Standards

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Recent Initiatives
Customize, Standardize and Simplify
EIA Requirements
• Project Type Specific EIS Screening Forms

• Project Type Specific IEE Checklist Report

Forms

• Pro-forma monitoring and validation report

forms for project proponents and MMTs

• Environmental Risk-based Monitoring

Prioritization
Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Key Features of Post ECC Requirements

• Multi-Partite Monitoring Team (MMT)

• Environmental Guarantee Fund (EGF)

 EIA Information System

• Decision support tool

• Improve operational efficiency

• On-line query on application status for

transparency purposes

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Operational Challenges

• Technical skills and capability

• Institutional Limitations

• External Pressures

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Other Challenges

• Misconceptions about ECCs

• Uniform enforcement across 16 regional

offices

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Policy Directions
• Objective screening system

• Simplified application requirements

• Streamlined procedures

• Enhanced transparency mechanisms

• Strengthened monitoring system

• Capability building
Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Support from Multi-lateral Agencies

Past: AIDAB, UNDP, USAID, ADB,

Worldbank

Present:

ADB TA 7566-REG: ‘’Enhancing the Philippine

EIS System Improvement Initiatives”

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions
 Let us all work together to achieve our economic goals 
within the framework of sustainable development and 
environmentally sound practices.

Thank you and good day.

Philippine EIS System Regulatory Framework Challenges, Initiatives and Policy Directions