Professional Documents
Culture Documents
EIA - THEN AND NOW, Improvements & Problems
EIA - THEN AND NOW, Improvements & Problems
EIA - THEN AND NOW, Improvements & Problems
TECHNICAL PAPER
Environmental Impact Assessment:
THEN AND NOW
Improvements & Problems
Submitted by:
ANGEL U. GACUTAN
M.S. Environmental Engineering
SN 2007-16069
Submitted to:
Dr. Maria Antonia N. Tanchuling
EnE 280
Associate Professor
University of the Philippines Diliman
1|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
ACKNOWLEDGEMENT
2|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
TABLE OF CONTENTS
Cover Page i
Acknowledgments ii
Table of Contents iii
List of Tables and Figure iv
INTRODUCTION
History of the Philippine EIA System 1
RESEARCH PLAN
Methodology 7
Interview Particulars 8
CONCLUSION 16
REFERENCES 17
APPENDIX
Interview Questions 18
3|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
Table 2 Problems of the EIA System before the Enactment of DAO 37-1996 4
Table 3 Problems of the EIA System before the Enactment of DAO 30-2003 5
Table 5 Problems of the Current EIA System (King and Olsen, 2013) 12
4|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
INTRODUCTION
Most countries in Asia have established the environmental impact assessment process,
especially in the Philippines, way back in 1970’s. It has been widely accepted as an
indispensable instrument for employing the ideologies of sustainable development. All over
the decades, the EIA practice in the country is evolving. Alongside are also the many
problems that arise due to its structure and implementation, questioning its general efficiency.
In this study, the several improvements and problems of the EIA system through time will be
presented. It will also show the prevailing problems that still exist after all of the revisions
and improvements of the law.
The following table presents the timeline of the brief history of Environmental Impact
Assessment in our country. It also narrates the several improvements of the Philippine
Environmental Impact Statement System (PEISS) and its implementing rules and regulations.
Year Milestones
Through the goals of PD 1151, the PEISS was then legally established
with the promulgation of Presidential Decree No. 1586 (PD 1586). This
law states that “it is the policy of the state to attain and maintain a
1978
rational and orderly balance between socio-economic growth and
environmental protection.” With this decree, the present Philippine EIS
System was systematized and the Implementing Rules and Regulations
5|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
The first IRR was passed by NEPC. It outlines the roles of principal
agencies and involved stakeholders, as well as the requirements for an
Environmental Compliance Certificate (ECC). During this time, it only
1979
adheres whether to deny or grant an ECC to the proponents through the
President directive. Despite the presence of an IRR, PEISS was not still
implemented.
The second IRR was decreed, but only in a form of a resolution called
1984 NEPC Resolution No. 4. Improvements include a format for the EIS
report and monitoring compliance.
By the DENR Administrative Order No. 21 (DAO 21), the third IRR
revisions were organized and a detailed procedural manual was passed,
1992
rationalizing the complexity of the several procedures in preparing and
reviewing the EIS documents. In DAO 21, regional offices were
6|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
delegated under the supervision of DENR. These local offices have the
right to issue ECC to non-environmental critical projects located in
environmentally critical areas (ECA) or Category B projects, as well as
projects that do not require intricate EIA studies (Category C and D).
Before the end of this year, DENR further improved the IRR system by
enactment of DENR Administrative Order No. 37 Series 1996 (DAO 37-
1996). A comprehensive procedural manual was developed that includes
1996 the Initial Environmental Examination (IEE) process, issuance of
Certificate of Non-Coverage (CNC), significance of public scoping and
social acceptability, creation of a Multi-Partite Monitoring Team
(MMT), and implementation of Environmental Guarantee Fund.
To be consistent with the vision and goals of PA 21, the last revision of
the implementing rules and regulations of PD 1586 was ratified through
the declaration of DENR Administrative Order No. 30 Series 2003
(DAO 30-2003). This laid out the present Philippine EIS System.
2003
Through this, the EIA system was further simplified through
consolidation of existing environmental and government laws, setting
time limits for the different EIS processes, emphasizing on
environmental management plan and public participation.
7|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
Throughout the years, government legislatives and implementing agencies have tried to
improve the Philippine EIA system by incorporating various regulations and streamlining the
rigorous procedures in preparing and evaluating EIA documents. This results to the latest
revision of the implementing rules and regulations (IRR) of the Philippine EIS System which
is the DAO 30-2003. Before its most recent amendment, there are numerous difficulties and
challenges that were encountered by the system that made DENR to revise the IRR of
Presidential Decree 1586.
The following table presents the several problems occurred before the DENR Administrative
Order No. 37 Series 1996 (DAO 37-1996) was decreed.
Table 2. Problems of the EIA System before the Enactment of DAO 37-1996
PROBLEMS
8|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
The following table presents the several problems occurred before the DENR Administrative
Order No. 30 Series 2003 (DAO 30-2003) was decreed.
Table 3. Problems of the EIA System before the Enactment of DAO 30-2003
PROBLEM
9|Page
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
10 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
RESEARCH PLAN
METHODOLOGY
In completing this study, the following approaches were followed:
11 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
INTERVIEW PARTICULARS
Together with my other colleagues, Ms. Angel Salcedo and Mr. Andrew Lina, we
interviewed some of the technical staffs of the Environmental Management Bureau (EMB)
under the Environmental Impact Assessment Division (EIAD). The EIAD-EMB is the one
who handles the review, evaluation, validation, and monitoring of the EIA documents of the
proponents applying for an ECC or CNC.
The interview was held last August 28, 2013 (Wednesday) at the EMB Central Office in
DENR Compound, Visayas Avenue, Diliman, Quezon City. The following are the names of
the representatives we interviewed, as well as their assigned team or scope of expertise,
length of service in EMB-EIAD, and educational background (or undergraduate course).
Note: The list of the interview questions are presented in the Appendix section.
12 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
PROBLEMS OF THE
PRESENT PHILIPPINE EIA SYSTEM
INTERVIEW OUTCOME
Based from our interview, I have discovered that even if the EIA legislative system is present
for over three decades here in the country, with its continuous improvements, revisions, and
several supporting studies conducted by various local and international institutions, there are
still several institutional problems faced by the professionals who are responsible to mandate
and oversee the EIA Law, specifically by the technical staffs of the Environmental Impact
Assessment Division of the Environmental Management Bureau. The following are the
several problems acknowledged by the EMB employees. Their propositions and opinions are
significant to be considered in evaluating the EIA system in the Philippines since they are the
ones who first-handedly experience and exposed to the process.
The current number of technical staffs under the Environmental Impact Assessment Division
of DEMR-EMB is only 11 members. These employees are responsible with the reviewing,
validating, and evaluation of all the Environmental Impact Statement (EIS) documents for all
the 15 regions in the country. These technical staffs will also be assigned to different fields or
review committee mainly air, water, social, and geology. Assuming that one staff must only
have one area of expertise, there will be about three members (maximum) per field. From
January to August 2003, based on a study (Tuyor, et.al, 2007), there are a total of 64 EIS-
based environmental compliance certificate applications within the period of eight months.
These 11 technical staffs must evaluate all the projects based on their assigned field. Doing
the math, a member must review, evaluate, and validate about 22 reports within eight months.
Clearly, there are insufficient numbers of people to do the work. Inside the office, it is a
common sight for the employees to have over piled documents on their working area. Some
admitted that not all of the reports undergo substantial validation.
employees, especially the technical staffs are only contractual, unlike regular employees who
enjoy full benefits such as sick-leave, vacation-leave, and others. One of the employees told
us that some of them are almost more than five years in length of service, but still remains as
a contractual employee. This appalling situation results to a large rate of staff turnover due to
security of tenure. It is a common thing within the office where employees are being
absorbed or pirated by various private companies who offer them better and fair
compensations.
14 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
15 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
In addition, the following are some of the problems recognized by other researchers after the
latest revision of the implementing rules and regulations of the Philippine EIS System or
DAO 30-2003.
In this study, the researchers describe the prevailing problems of several countries in Asia
that requires EIA, including the Philippines. The following are the common problems among
all of the 16 participating countries.
Table 5. Problems of the Current EIA System (King and Olsen, 2013)
Problem
16 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
In this study, the researchers summarize the legal and institutional framework of the EIS
structure in the Philippines, as well as evaluating the prevailing issues and performance of the
revised system. It also presents various challenges and recommendations for improving the
process. The following table lists the several problems discussed in the article.
Problem
17 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
18 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
PREVAILING PROBLEMS
The following are the lists of several problems that still exist in the EIA system before and
after the latest revision of the implementing rules and regulations of the Philippine
Environmental Impact Statement System in 2003.
Overlapping functions with other laws and conflict of jurisdiction with other
government agencies
Political interference in releasing the Environmental Compliance Certificate
Lack of technical competency and integrity of the implementing agency’s personnel
Insufficient number of the agency’s manpower
Decentralization of the EIS system to regional level
Poor quality of environmental assessment reports (especially projects located in ECA)
due to unfocused project scoping and screening
Lack of environmental baseline data
Inability to adequately monitor the compliance and mitigation measures
Most of these problems are all institutional and implementation difficulties that DENR-EMB
endlessly faced throughout the years. This only proves that the improvements and revisions to
the structure of the law are not sufficient enough to solve these prevailing problems.
Notice that some of the problems before such as “the EIS system as a bureaucratic
requirement for project approval (Ross, 1994)” and “intent and timing of the EIA process
(Villaliz, 2002)” is not common nowadays. This merely shows that projects proponents and
involved sectors do now value the importance of EIS system as planning tool and must be
conduct at the early stage of the project cycle.
Additionally, there are problems that have risen after the latest revision of the EIA law such
as (a) employee welfares, (b) rigidity of the system, (c) inadequate financing, (d) complex
monitoring system, and (e) legal basis for environmental guarantee fund. These problems
pertain to the structure of the implementing agency, as well as to the strict revisions and
irregularities of the Law.
19 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
CONCLUSION
Throughout the years, from the enactment of the first environmental policy, the Philippine
Environmental Impact Assessment System experienced various revisions and improvements
in order to accommodate all of the challenges and problems in its structure and
implementation. The law has made most of the proponents and stakeholders to view the
entire process of the EIA system as a planning tool. They became more aware and active in
pioneering development within the environment.
Regardless of the several revisions of the EIA Law, there are still prevailing problems. Most
of these difficulties became common and still exist throughout the years largely due to the
inefficiency of the implementation system of the leading agencies. Legislatives, government
bodies, as well as environmental professionals must assist each other in order to solve these
problems. Reforming the structure and implementation of the law needs sufficient financial
funds and support from the higher government and technical expertise from professionals and
members of the academe. Improvements must be earnestly adhere to the EIA system because
it is a significant key element to achieve the goals of our country towards sustainable
development and economic growth
20 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
REFERENCES
Tuyor, J.B. et al. (2007), The Philippine Environmental Impact Statement System:
Framework, Implementation, Performance and Challenges, Discussion papers, East
Asia and Pacific Region, Rural Development, Natural Resources and Environment
Sector, Washington, DC: World Bank.
Lohani, B., J.W. Evans, H. Ludwig, R.R. Everitt, Richard A. Carpenter, and S.L. Tu.
(December 1997). Environmental Impact Assessment for Developing Countries in
Asia. Volume 1 – Overview, 356 pp. Asian Development Bank.
Villaluz, M.G., Advancing the EIA System in the Philippines, Case Study 26, Studies
of EIA Practice in Developing Countries, United Nations Environment Programme EIA
Training Resource Manual (2002)
King. P., Olsen, S.H. (June 2013). Quick Study of EIA Practices in some Asia‐ Pacific
Countries and Beyond, Comparative Study of EIA Systems – Philippines and Other
Countries, Institute for Global Environmental Strategies.
Morgan, R.K. (2013), Reap the Rewards: Good Practice EIA, presentation during the
First Philippine EIA Convention, held 19-21 June 2013 in Hotel Manila, Manila,
Philippines
Ross, W.A. (1994), Environmental Impact Assessment in the Philippines: Progress,
Problems, and Directions for the Future, University of Calgary, Alberta, Canada
Historical Background of Department of Environmental and Natural Resources
(DENR), copyright 2013, viewed 9 September 2013 <http://www.denr.gov.ph/about-
us/history.html>
21 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
APPENDIX
Interview Questions
Date: August 28, 2013 (Wednesday)
Venue: Environmental Impact Assessment Division (EIAD), EMB Central Office in DENR
Compound, Visayas Avenue, Diliman, Quezon City.
1. What are the reasons (or are there any deficiencies or problems) why the Procedural
Manual or the Implementing Rules & Regulations (IRR) of Presidential Decree No.1586
(PD 1586), namely Establishing the Philippines Environmental Impact Statement System
(EIS), was revised last 2003?
Follow-up Question (FQ): What certain improvements o revisions to the law was been
made?
2. What are the improvements of the EIA system (i.e. implementation, compliance in
passing EIS/IEE report) since it was revised last 2003?
FQ: What can you say about the implementation of the EIA system in our country?
3. What regions or places do actively participate or comply with the EIA system (i.e. usual
industries or kind of projects)?
4. Are there any problems or challenges in the current EIA system of our country?
5. Is it true that there are companies (specifically construction projects) do not passed their
EIS or IEE before their project started? Even though ECC (Environmental Compliance
Certificate) is required to be passed during the design phase and before a project must
start.
FQ: Are there any legal strains to them? How do you handle this problem?
FQ: How many companies or institutions were sued due to non-compliance of ECC?
6. Is it true that there is political interference in the EIA process? Do government officials
have the right to approve EIS or IEE, or give the ECC to the proponents?
22 | P a g e
EnE 280 Environmental Impact Assessment: THEN AND NOW Improvements & Problems
7. In the current EIA system, are there enough numbers of credible EIS or IEE reviewers?
FQ: What are the basic requirements to become EIS or IEE reviewers?
8. Is there enough number of personnel who monitor the operational phase of the projects
whether or not they comply with the ECC?
FQ: What percentage of the projects needed to be monitored is properly handled by the
EMB?
9. Are there ongoing training courses to train EMB staff on how to review an EIA report?
As well as to companies or proponent in the proper way in making an EIA report?
FQ: Are there any circumstances where you asked proponents or companies to revise the
EIS/IEE report due to its poor content or quality?
10. Is there a list or map indicating the environmental critical areas in the Philippines? Areas
with critical slopes, areas prone to natural calamities (flood, typhoon, tsunamis).
FQ: When do public hearings and public consultations are needed? Are they often
conducted if needed? Are they poorly presented in the reports due to the lack of skills of
the proponents to handle them?
FQ: Is there transparency between the proponents and the public? Public should be given
the right to be informed and to have participation.
12. What are the other steps undertaken by EMB (your institution) in improving the EIA
system of the Philippines?
13. How you could comment regarding the EIA principle that: EIA is a planning and
monitoring tool and not just a bureaucratic process where companies were often
neglected.
23 | P a g e