DENR Administrative Order

No. 96-37
December 02, 1996
SUBJECT

Revising DENR Administrative

Order No. 21, Series of 1992, to
Further
Strengthen
the
Implementation
of
the
Environmental Impact Statement
(EIS) System.

Consistent with the continuing effort of the Department of

Environment and Natural Resources (DENR) to strengthen the
implementation of the Environmental Impact Statement (EIS) System
established under Presidential Decree (PD) No. 1586, and pursuant to
Section 7 of Executive Order No. 192, Series of 1987, the following
provisions revising Department Administrative Order (DAO) No. 21,
Series of 1992, are hereby promulgated.
ARTICLE I
BASIC POLICY, OBJECTIVES AND DEFINITION OF
TERMS
Sec.

Basic Policy

It is the policy of the DENR 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 of the countrys natural resources, including
the protection and enhancement of the quality of the environment, not
only for the present generation but for the future generations as well.

453

Sec.

Objectives

This Administrative Order (Order) shall have the following

objectives:
a.

Ensure that environmental considerations are incorporated at

the earliest possible stage of project development.

b.

Further streamline the current procedures in the conduct of the

Environmental Impact Assessment (EIA) in order to improve its
effectiveness as a planning, regulatory, and management tool.

c.

Enhance maximum public participation in the EIA process to

validate the social acceptability of the project or undertaking so
as to ensure the fullest consideration of the environmental
impact of such project or undertaking.

Sec.

a.

b.
c.

Definition of Terms

For purposes of this Order, the following terms shall mean:

CENRO - the Community Environment and Natural
Resources Office of the Department of Environment and
Natural Resources.
DENR - the Department of Environment and Natural
Resources.
EIS Procedural Manual - a detailed guide on the
procedures to be observed by the parties involved in the EIS
System. It shall include, among others, guidelines on public
participation and social acceptability, the EIS/IEE review
criteria, and scoping procedures.

454

d.

EMB - the Environmental Management Bureau of the DENR.

e.

EMPAS - the Environmental Management and Protected

Areas Sector of the DENR Regional Office.

f.

Environmental Compliance Certificate (ECC) - the

document issued by the DENR Secretary or the Regional
Executive Director certifying that based on the representations
of the proponent and the preparers, as reviewed and validated
by the EIARC, the proposed project or undertaking will not
cause a significant negative environmental impact; that the
proponent has complied with all the requirements of the EIS
System and that the proponent is committed to implement its
approved Environmental Management Plan in the Environmental
Impact Statement or mitigation measures in the Initial
Environmental Examination.

g.

Environmentally Critical Area (ECA) - an area that is

environmentally sensitive and is so listed under Presidential
Proclamation (Pres. Proc.) No. 2146, Series of 1981 as well as
other areas which the President of the Philippines may proclaim
as environmentally critical in accordance with section 4 of P.D.
No. 1586.

h.

Environmentally Critical Project (ECP) - a project that has

high potential for significant negative environmental impact and
is listed as such under Pres. Proc. No. 2146, Series of 1981
and Pres. Proc. No. 803, Series of 1996, as well as other
projects which the President may proclaim as environmentally
critical in accordance with Section 4 of P.D. 1586.

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i.

Environmental Guarantee Fund (EGF) - a fund that

proponents required or opting to submit an EIS shall commit to
establish when an ECC is issued by the DENR for projects or
undertakings determined by the latter to pose significant public
risk to answer for damage to life, health, property, and the
environment caused by such risk, or requiring rehabilitation or
restoration measures.

j.

Environmental Impacts - the probable effects or

consequences of proposed projects or undertakings on the
physical, biological and socioeconomic environment that can be
direct or indirect, cumulative, and positive or negative.

k.

Environmental Impact Assessment (EIA) - the process of

predicting the likely environmental consequences of
implementing projects or undertakings and designing
appropriate preventive, mitigating and enhancement measures.

l.

Environmental Impact Assessment Review Committee

(EIARC) - a body of independent technical experts and
professionals of known probity from various fields organized by
the EMB/RED whose main tasks are to evaluate the EIS and
other documents related thereto, and make appropriate
recommendations to the EMB/RED regarding the issuance or
non-issuance of ECCs.

m.

Environmental Impact Statement (EIS) - the document(s)

of studies on the environmental impacts of a project including
the discussions on direct and indirect consequences upon
human welfare and ecological and environmental integrity. The
EIS may vary from project to project but shall contain in every
case all relevant information and details about the proposed
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project or undertaking, including the environmental impacts of

the project and the appropriate mitigating and enhancement
measures.
n.

Environmental Impact Statement (EIS) System - the

entire process of organization, administration, and procedures
institutionalized for purposes of assessing the significance of the
effects of any project or undertaking on the quality of the
physical, biological and socio-economic environment, and
designing appropriate preventive, mitigating and enhancement
measures.

o.

Environmental Management Plan (EMP) - a section in the

EIS that details the prevention, mitigation, compensation,
contingency and monitoring measures to enhance positive
impacts and minimize negative impacts of a proposed project or
undertaking.

p.

Environmental Monitoring Fund (EMF) - a fund that

proponents required or opting to submit an EIS shall commit to
establish when an ECC is issued by the DENR for its project or
undertaking, to be used to support the activities of the multipartite monitoring team.

q.

Environmental Risk Assessment (ERA) - the use of

scientific methods and information to define the probability and
magnitude of potentially adverse effects which can result from
exposure to hazardous materials or situations.
Initial Environmental Examination (IEE) - the document
required of proponents describing the environmental impact of,
and mitigation and enhancement measures for, projects or
undertakings located in an ECA. The IEE shall replace the
Project Description required under DAO 21, series of 1992.

r.

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s.

Multipartite Monitoring Team (MMT) - a multi-sectoral

team covered for the primary purpose of monitoring compliance
by the proponent with the ECC, the EMP and applicable laws,
rules and regulations.

t.

PENRO - the Provincial Environment and Natural Resources

Office of the DENR.

u.

Preparer - the proponents technical staff or a competent

professional group commissioned by the proponent to prepare
the EIS/IEE and other related documents.

v.

Project or Undertaking - any activity, regardless of scale or

magnitude, which may have significant impact on the
environment.

w.

Proponent - any natural or juridical person intending to

implement a project or undertaking.

x.

Public Participation - a transparent, gender sensitive, and

community-based process involving the broadest range of
stakeholders, commencing at the earliest possible stage of
project design and development and continuing until postassessment monitoring which aims to ensure social acceptability
of a project or undertaking.

y.

Public Risk - exposure of public health or the environment to

toxic substances, hazardous or organic wastes, extraction of
natural resources, or activities or structures that could endanger
life, health, property, or the environment.

z.

RED - the Regional Executive Director of the DENR

Regional Office.
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aa.

Scoping - the stage in the EIS System where information and

assessment requirements are established to provide the
proponent with the scope of work for the EIS.

bb.

Secretary - the Secretary of the DENR.

cc.

Social Acceptability - the result of a process mutually agreed

upon by the DENR, key stakeholders, and the proponent to
ensure that the valid and relevant concerns of stakeholders,
including affected communities, are fully considered and/or
resolved in the decision-making process for granting or denying
the issuance of an ECC.

dd.

Stakeholders - persons who may be significant affected by

the project or undertaking, such as, but not limited to, members
of the local community, industry, local government units
(LGUs), non-governmental organizations (NGOs), and
peoples organizations (POs).
ARTICLE II
SCOPE OF THE EIS SYSTEM
Sec.

1.0

Coverage

The following projects and undertakings are covered by the EIS

System:
a.
Environmentally Critical Projects (ECPs)
i.
Heavy industries
1.
2.
3.

Non-ferrous metal industries

Iron and steel mills
Petroleum and petro-chemical
including oil and gas
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industries,

4.
ii.

Smelting plants

Resource extractive industries

1.
2.

Major mining and quarrying projects

Forestry projects
a.
b.
c.
d.
e.
f.

3.

Logging
Major wood processing projects
Introduction of fauna (exotic animals) in
public/private forest
forest occupancy
Extraction of mangrove products
Grazing

Fishery projects
a.

iii.

Dikes for/and fishpond development

projects
Infrastructure projects
1.
2.
3.
4.

b.

Major dams
Major power plants (fossil-fueled, nuclear
fueled, hydro-electric, or geothermal)
Major reclamation projects
Major roads and bridges

iv.
Golf course projects
Project located in Environmentally Critical Areas (ECAs)
i.

All areas declared by law as national parks, watershed

reserves, wildlife preserves, and sanctuaries

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ii.

Areas set aside as aesthetic potential tourist spots

iii.

Areas which constitute the habitat for any endangered

or threatened species of indigenous Philippine wildlife
(flora and fauna)

iv.

Areas of unique historic archeological or scientific

interest

v.

Areas which are traditionally occupied by cultural

communities or tribes (indigenous cultural communities)

vi.

Areas frequently visited and/or hard-hit by natural

calamities (geologic hazards, floods, typhoons, volcanic
activity, etc.)

vii.

Areas with critical slopes

viii.

Areas classified as prime agricultural lands

ix.

Recharged areas of aquifers

x.

Water bodies characterized by one or any combination

of the following conditions:

xi.

1.
2.

tapped for domestic purposes

within the controlled and/or protected areas
declared by appropriate authorities

3.

which support wildlife and fishery activities

Mangrove areas characterized by one or any

combination of the following conditions:
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xii.

1.

with primary pristine and dense young growth

2.

adjoining mouth of major river systems

3.

near or adjacent to traditional productive fry or

fishing grounds

4.

which act as natural buffers against shore

erosion, strong winds and storm floods

5.

on which people are dependent for their

livelihood

Coral reefs characterized by one or any combination of

the following conditions:
1.

with fifty percent (50%) and above live coralline

cover

2.

spawning and nursery grounds for fish

3.

which act as natural breakwater of coastlines.

No person shall undertake or operate any such declared ECP

or project within an ECA without first securing an ECC.
Sec.

2.0

Non-Coverage

The following projects and undertakings are not covered by the

EIS System:
a.
Projects which are not considered as environmentally critical or
located within an ECA;

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b.

ECPs or projects within ECAs which were operational prior to

1982 except in cases where their operations are expanded in
terms of daily production capacity or area, or the process is
modified;

c.

countryside business and barangay entities (CBBEs) covered

by Republic Act No. 6810, otherwise known as the Magna
Carta for Countryside and Barangay Business Enterprises
(Kalakalan 20), and registered with the Department of Trade
and Industry between 1991 to 1994, inclusive. Provided that,
unless otherwise amended by law, non-coverage of such
CBBEs shall only subsist for a five(5)-year period beginning
from its date of registration.

Sec. 3.0
Undertakings

EIS/IEE

for

Covered

Projects

or

If a project is considered an ECP, the proponent shall be

required to prepare an EIS. If the project is located within an ECA, the
proponent shall be required to submit an IEE, without prejudice to the
submission of an EIS as may be further required by the RED. In the
alternative, the proponent of a project within an ECA may, at its option,
submit an EIS as provided in Section 29, Article III.
If a project or undertaking is an ECP located within an ECA,
the procedure for submission of an EIS for ECPs under Article III (A)
shall be observed.
Sec. 4.0
Environmental Safeguards for Projects or
Undertakings Not Covered by the EIS System
Projects or undertakings not covered by the EIS System may
proceed without further environmental impact assessment studies. The

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RED may, however, require the proponent to provide additional

environmental safeguards for its project or undertaking.
ARTICLE III
PROCEDURAL FLOW OF THE EIS SYSTEM
A.

Environmentally Critical Projects

Sec.

1.0

Objectives of Scoping

Scoping shall be initiated by the proponent at the earliest

possible stage of project development to define the range of actions,
alternatives and impacts to be examined. The objectives of scoping
shall be to:
a.

provide an early link between the DENR and the proponent to

ensure that the EIA addresses relevant issues and presents
results in a form consistent with EIA review requirements;

b.

allow stakeholders to make their concerns known to ensure that

the EIA adequately addresses the relevant issues;

c.

establish an agreement at the outset of the EIA between the

proponent, the DENR and stakeholders on what issues and
alternatives are to be examined;

d.

address issues on carrying or assimilative capacity of the

environment and identify possible legal constraints or
requirements regarding the project proposal;

e.

determine whether the project or undertaking requires the

conduct of an environmental risk assessment; and

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f.

determine and agree on the process of dealing with issues

relating to social acceptability.
Sec.

2.0

Initial Identification of EIARC Members

The EMB shall, at the scoping stage, identify prospective

members of the EIARC who shall be invited to join the scoping sessions
for the particular project or undertaking whenever possible. The
EIARC shall, however, be formally convened only upon submission of
the EIS.
Sec.

3.0

Formal Scoping Report

Based on said scoping process, the proponent shall submit a

formal scoping report to the EMB.
Sec.

4.0

Review of Scoping Report

The EMB shall review the scoping report submitted by the

proponent and, after consultation with the latter, determine the actual
scope of he EIS. In determining the scope of the EIS, the EMB shall
take into account the concerns of and the recommendations of
stakeholders.
Sec.

5.0

Agreed-upon Scope

The agreed-upon scope shall be recorded and shall serve as a

basis for the EIA and the review of the EIS.
Sec.

6.0

Adjustment of Scope

The scoping may be adjusted during the course of the study to

take into account new information or changing conditions.
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Sec.

7.0

Submission of EIS

Upon completion of the EIA Study, the proponent shall submit

at least ten (10) legible copies of the EIS and a complete electronic file
in computer diskettes to the EMB for review. The EMB may require
the proponent to submit additional copies as necessary.
The proponent shall likewise furnish a copy of the EIS to the
Offices of the Undersecretary handling the environment, the concerned
Regional Executive Director, PENRO, CENRO and the
Municipality/City Mayor where the project is proposed to be located.
Sec.

8.0

Eligible Preparers

The EIS may be prepared by the proponents technical staff or

a professional group commissioned by the proponent, provided that
only EIS preparers duly accredited by the EMB in accordance with its
accreditation procedures shall be allowed to actually prepare the EIS.
Sec.

9.0

Contents of the EIS

Subject to the agreed-upon scope described in Section 5.0,

Article III and the EIS Procedural Manual, an EIS shall at least contain
the following basic items:
a.

Project Description, including data on project location,

specifically describing the primary and secondary impact zones,
project rationale, alternatives, including alternative sites or
actions, no action alternatives, and project phases;

b.

Scoping Report;

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c.

Baseline Environmental Conditions for land, water, air, and

people;

d.

Impact Assessment, including a discussion of the impact of the

project or undertaking on the environment and public health;

e.

Environmental Risk Assessment, when appropriate;

f.

Environmental Management Plan;

g.

Proposals for Environmental Monitoring and Guarantee Funds

when required;

h.

Supporting Documents, such as documents on social

acceptability, process of public participation, technical and
socio-economic data used, gathered, or generated; and

i.

Accountability Statements of the preparer and the proponent.

j.

For projects located in ancestral lands or domains, as defined

under DAO No. 2, series of 1993, or subsequently by law, of
indigenous communities, a specific chapter in the socioeconomic impact assessment shall be devoted to a discussion of
indigenous peoples concerns and possible socio-economic,
political and cultural impacts of the proposed project on such
people.

k.

For projects or undertakings with significant impact on women,

a specific chapter in the socio-economic impact assessment
shall be devoted to a discussion and consideration of gender
issues.

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l.

For projects or undertakings with significant impact on

population, a specific chapter on the socio-economic impact
assessment shall be devoted to a discussion of the relationship
among population, development, and the environment.

Some or all of the foregoing items may, when appropriate, be

presented in a format using the checklist approach.
Sec.

10.0

Initial Review of EIS Documents

Upon receipt of the EIS, the EMB shall immediately determine

the completeness of the documents submitted by the proponents. If the
documents are found to be incomplete or in need of revision, the same
shall be immediately returned to the proponent for completion or
revision.
Sec.
EIARC

11.0

Convening of, and Endorsement to, the

Within 15 days from the date of submission of the EIS, the

EMB shall convene the EIARC and endorse the EIS to said body for
substantive review.
Sec.

12.0

Substantive Review by the EIARC

After proper endorsement, the EIARC shall evaluate the EIS in

accordance with the review criteria set forth in the EIS Procedural
Manual. The EIARC shall validate the EIS through methods deemed
appropriate such as, but not limited to, ocular inspections/site visits and
technical studies conducted by experts and relevant institutions. The
EIARC shall consider the process documentation report in the
validation of the EIS. The EIARC shall endeavor to complete the
substantive review of the EIS within 60 days from receipt thereof.
468

Sec.

13.0

EIARC Report

Within 15 days from completion of review, including public

consultations and hearings, the EIARC shall submit a report to the EMB
Director containing the results of its review/evaluation and its
recommendations with respect to the issuance/non-issuance of the
ECC. Said report, which shall begin with a brief description of the
project or undertaking, shall discuss:
a.

environmental impacts and corresponding costed mitigation and

enhancement measures of the project or undertaking;

b.

key issues/concerns;

c.
d.

proponents response to issues;

compliance with review criteria, technical/substantive content
and social acceptability requirements; and
the acceptability of the proposed EMB.

e.

Sec.

14.0

Recommendation of the EMB Director

Within 15 days from receipt of the EIARC report, the EMB

Director shall make his or her own recommendations to the Office of
the Secretary for final decision. Copies of the EIARC report and other
pertinent documents shall be attached to the EMB Directors
recommendations.
Sec.

15.0

Issuance of ECC

Within 15 days from receipt of the report of the EMB Director,

unless circumstances warrant a longer period of time, the Secretary shall
either grant or deny the issuance of the ECC. In granting or denying the
issuance of the ECC, the Secretary shall take into account the social
469

and environmental cost implications relative to the judicious utilization,

development and conservation of the countrys natural resources.

Sec.

16.0

Transmittal of EIS Records and ECCs

In the event that an ECC is issued, the Secretary shall cause the
transmittal of the EIS, all pertinent records and documents, and the
ECC to the EMB within 10 days from the date of such issuance. The
offices of the concerned Regional Executive Director, PENRO,
CENRO, the Municipal/City Mayor and the proponent shall also be
furnished a copy of the ECC within the same period.
B.

Projects within Environmentally Critical Areas

Sec.

17.0

Submission of IEE

The proponent shall submit at least ten (10) legible copies of the
IEE and a complete electronic file in computer diskettes to the EMPAS
for review. The EMPAS may require the proponent to submit
additional copies as necessary.
The proponent shall likewise furnish a copy of the IEE to the
concerned PENRO, CENRO and the Office of the Municipal/City
Mayor where the project is proposed to be located.
Sec.

18.0

Eligible Preparers

The IEE may be prepared by the proponents technical staff or

a professional group commissioned by the proponent, provided that
only IEE preparers duly accredited by the EMB in accordance with its
accreditation procedures shall be allowed to actually prepare the IEE.

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Sec.

19.0

Contents of the IEE

Subject to the EIS Procedural Manual, an IEE shall at least

contain the following basic items:
a.

a brief description of the environmental setting and receiving

environment, including the primary and secondary impact areas;

b.

a brief description of the project or undertaking and its process

of operation;

c.

a brief description of the environmental impact of the project or

undertaking, including its socio-economic impact;

d.

a matrix of mitigation and enhancement measures;

e.

a documentation of the consultative process undertaken, when

appropriate;

f.

a brief discussion of indigenous peoples concerns and possible

socio-economic, political and cultural impacts of the proposed
project or undertaking on such people for projects or
undertakings located in ancestral lands or domains, as defined
under DAO No. 2, series of 1993, or subsequently by law, of
indigenous communities;

g.

a brief discussion of gender issues for projects or undertakings

with significant impact on women;

h.

a brief discussion of the relationship among population,

development, and the environment for projects or undertakings
with significant impact on population; and

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i.

Accountability Statements of the preparer and the proponent.

Some or all of the foregoing items may, when appropriate, be

presented in a format using the checklist approach.
Sec.

20.0

Review and evaluation of IEE

Upon receipt of the IEE, the EMPAS shall determine the

completeness of the documents submitted by the proponents. If the
documents are found to be incomplete or in need of revision, the same
shall be immediately returned to the proponent for completion or
revision.
Sec.

21.0

Substantive Review by the EMPAS

Within 15 days from the date of submission, the EMPAS shall

conduct substantive review of the IEE. The EMPAS shall evaluate the
IEE in accordance with the review criteria set forth in the EIS
Procedural Manual . The EMPAS shall validate the IEE through
methods deemed appropriate such as, but not limited to, ocular
inspections/site visits, studies conducted by experts and relevant
institutions and shall consider the process documentation report in the
validation of the EIS. The EMPAS shall endeavor to complete
substantive review of the IEE within 30 days from receipt thereof.
Sec.

22.0

EMPAS Report

Within 15 days from completion of review, including public

consultations, the EMPAS shall submit a report to the RED. The
EMPAS may recommend the issuance or non-issuance of the ECC, or
the preparation of an EIS. Should the EMPAS recommend the
issuance of the ECC, the report, which shall begin with a brief
description of the project or undertaking, shall discuss:
472

a.

the environmental impacts and corresponding costed mitigation

and enhancement measures of the project or undertaking;

b.

key issues/concerns;

c.

proponents response to issues;

d.

compliance with review criteria, technical/substantive content

and social acceptability requirements; and

e.

acceptability of proposed EMP.

Sec.

23.0

Decision on the IEE

Within 15 days from receipt of the EMPAS report, unless

circumstances warrant a longer period of time, the RED may;
a.

either grant or deny the issuance of the ECC; or

b.

decide that an EIS is further required, in which case he or she

shall inform the proponent of such decision.
Sec. 24.0
Article III

Issuance of ECC pursuant to section 23,

In granting or denying the issuance of the ECC, the RED shall

take into account the social and environmental cost implications relative
to the judicious utilization, development and conservation of the
countrys natural resources.
Sec. 25.0 Scoping
Should the RED decide that an EIS is further required, he or
she shall likewise determine whether the IEE process was sufficient for
473

scoping purposes or not. If the RED finds that scoping is still

necessary, the procedure outlined in Sections 1 to 6, Article III (A)
shall be followed. Provided, however, that the responsibilities of the
EMB and the EIARC shall be assumed by the EMPAS and the
Regional EIARC, respectively. The REDs decision to forego scoping
shall not preclude the proponent from voluntarily undergoing scoping.

Sec.

26.0

Submission of EIS Upon Order of the RED

Within 15 days from submission of the required EIS, the RED

shall convene a Regional EIARC for substantive review of the EIS. If a
Regional EIARC can not be convened due to inadequacy of persons
who are willing and able to serve as members of the Regional EIARC,
or for other compelling reasons, the RED may seek the assistance of the
EMB in convening and lending technical support to the Regional
EIARC. Within the same period, the RED shall endorse the EIS to the
Regional EIARC.
The proponent shall likewise furnish a copy of the EIS to the
EMB, the concerned PENRO, CENRO and the Office of the
Municipality/City Mayor where the project is proposed to be located.

Sec.

27.0

Review of EIS

The Regional EIARC shall, upon proper endorsement of the

RED pursuant to the immediately preceding section, evaluate the EIS in
accordance with the review criteria set forth in the EIS Procedural
Manual. The Regional EIARC shall validate the EIS through methods
seemed appropriate such as, but not limited to, ocular inspection/site
visits and technical studies conducted by experts and relevant
institutions.
The Regional EIARC shall consider the process
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documentation report in the validation of the EIS. The Regional EIARC

shall endeavor to complete the substantive review of the EIS within 60
days from receipt thereof.
Sec.

28.0

Regional EIARC Report

Within 15 days from completion of review, including public

consultations and hearings, the Regional EIARC shall submit a report to
the RED containing the results of its review and recommendations with
respect to the issuance or non-issuance of the ECC. Said report, which
shall contain a brief description of the project or undertaking, shall
discuss:
a.

matrix of environmental impacts and corresponding costed

mitigation and enhancement measures of the project or
undertaking;

b.

key issues/concerns;

c.

proponents response to issues;

d.

compliance with review criteria, technical/substantive content

and social acceptability requirements; and
acceptability of proposed EMP.

e.

Sec. 29.0 Decision on the EIS Submitted Pursuant to

Section 26.0, Article III
Within 15 days from receipt of the Regional EIARCs report,
unless circumstances warrant a longer period of time, the RED shall
either grant or deny the issuance of the ECC. In granting or denying the
issuance of the ECC, the RED shall take into account the social and

475

environmental cost implications relative to the judicious utilization,

development, and conservation of the countrys natural resources.
Sec.

30.0

Optional Submission of EIS

If the proponent has reasonable grounds to believe that a

project or undertaking within an ECA is of such nature and magnitude
that an EIS will be required, as provided in Sections 22 and 23 (b),
Article III, the proponent may opt to immediately prepare and submit
an EIS to the DENR Regional Office in lieu of an IEE. In such case,
the provisions on the procedural flow of EIS under Sections 1 to 13,
Article III (A) shall apply. Provided, however, that the responsibilities
of EMB and the EIARC referred to therein shall be assumed by the
RED and the Regional EIARC, respectively.
Sec.
Article III

31.0

Issuance of ECC Pursuant to Section 30,

Within 15 days from receipt of the Regional EIARC report,

unless circumstances warrant a longer period of time, the RED shall
either grant or deny the issuance of the ECC. In granting or denying the
issuance of the ECC, the RED shall take into account the social and
environmental cost implications relative to the judicious utilization,
development and conservation of the countrys natural resources.
Sec. 32.0 Transmittal of ECCs Issued Pursuant to
Sections 29.0 and 30.0, Article III
In the event that an ECC is issued pursuant to Sections 29.0 or
30.0, Article III, the RED shall provide the Offices of the
Undersecretary handling the environment, the EMB, PENRO,
CENRO, and the Municipal/City Mayor a copy of the ECC within ten
(10) from the date of such issuance..
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Sec. 33,0 Coordination of EMB and Regional Office

on EIS of Projects within ECAs
In case of an EIS submitted pursuant to either Section 26 or
Section 30, Article III, the EMB shall coordinate with the Regional
Office regarding the processing of the EIS within that region.
ARTICLE IV
Public Participation and Social Acceptability
Sec.

1.0

Social Acceptability

The acceptability of the environmental impact of a project or

undertaking can only be fully determined through meaningful public
participation and a transparent EIS process. In determining social
acceptability, the DENR shall consider, among others, the following
factors:
a.

ecological/environmental soundness of the proposed project;

b.

effective implementation of the public participation process;

c.

resolution of conflicts;

d.

promotion of social and intergenerational equity and poverty

alleviation;

e.

effective environmental monitoring and evaluation; and

f.

proposed mitigation and enhancement measures.

477

Sec.

2.0

Public Information

a.

All information about the proposed project or undertaking shall

be presented by the proponent to the public in a language and
manner that are easily understood. Such information shall
include an evaluation of public health, environmental,
population, gender, socio-economic, and cultural impacts of the
project or undertaking and the appropriate mitigation and
enhancement measures.

b.

A notice of the submission of an IEE/EIS shall be posted by the

proponent, in coordination with the Regional Office or EMB, as
the case may be, in the barangay and municipal halls and other
conspicuous places in the affected community, together with a
summary of the proposed project or undertaking.

Evidence demonstrating compliance with these requirements

shall form part of the supporting documents to be submitted with the
IEE/EIS.
Sec.

3.0

Public Consultation

Proponents of projects or undertakings required to undergo an

EIA shall initiate the conduct of public consultations as provided in the
EMB Guidelines on Public Participation and Social Acceptability, to
ensure that the publics concerns are fully integrated into the EIA
process.
Sec.

4.0

Public Hearings

The DENR, upon recommendation of the EIARC, shall hold

public hearings for projects or undertakings requiring an EIS whenever:

478

a.

the magnitude of the project is such that a great number of

people are affected;

b.

there is mounting public opposition against the proposed

project; or

c.

there is a written request for the conduct of such public hearing

from any of the stakeholders.
Sec.

5.0

Conduct of Public Hearings

The DENR shall conduct such hearings at a period to be agreed

upon between the DENR and the proponent in consultation with other
key stakeholders. All public hearings shall be summary in nature and
shall not strictly adhere to the technical rules of evidence.
Sec.

6.0

Notice of Public Hearing

Notice of public hearing shall be published once a week for two

(2) consecutive weeks in any newspaper of general circulation at lest 15
days prior to the scheduled hearing. Notice shall likewise be posted in
a conspicuous place in the municipality and barangay where the project
is proposed to be located. All expenses incurred for the notices shall
be charged to the proponent.
Sec.

7.0

Hearing Officer

The EMB Director/RED shall designate the hearing officer who

shall be:
a.
of known probity and independence;
b.

familiar with rules and procedures in the conduct of public

hearings;
479

c.

skilled in effective dispute or conflict resolution; and

d.

sensitive to the need for social acceptability and public

participation in the EIA process.

Sec.
Processes

8.0

Alternative Dispute or Conflict Resolution

The DENR, in consultation with the proponent and other major

stakeholders, shall nevertheless exert efforts to agree to adopt
appropriate alternative dispute or conflict resolution processes, including
but not limited to mediation, facilitated decision-making and negotiation,
taking into consideration the unique characteristics of the project, the
issues, and the stakeholders.
Sec.

9.0

Process Documentation Report

The proponent shall prepare a process documentation report on

the public consultation, public hearing, alternative dispute or conflict
resolution processes used, which report shall be validated by the
EMB/EMPAS through appropriate means.
Such process
documentation shall constitute part of the records of the EIA process.
A copy of said report shall be transmitted to the PENRO/CENRO
within seven (7) days from the end of the public hearing/consultation
and shall, upon request, be made available by the PENRO/CENRO to
all stakeholders and other interested parties. Copies of the report shall
be considered as public documents.
Sec.
a.

10.0

Compliance Monitoring

A multi-partite monitoring team (MMT) shall be formed

immediately after the issuance of an ECC pursuant to an EIS.
The MMT shall be principally tasked to undertake monitoring
480

of compliance with the ECC conditions, the EMP and

applicable laws, rules and regulations.
b.

Monitoring of compliance with the proponents ECC issued

pursuant to an IEE, and applicable laws, rules and regulations,
shall b undertaken by the concerned PENRO and CENRO
with support from the Regional Office and/or EMB whenever
necessary.
Sec.

11.0

Composition of the MMT

The composition of the MMT and their responsibilities shall be

provided in a Memorandum of Agreement (MOA) negotiated by the
proponent, the DENR and the major stakeholders. In all cases, the
MMT shall be composed of representatives of the proponent and of a
broad spectrum of stakeholder groups, including representatives from
the LGUs, NGOs/POs, the community, women sector, concerned
PENRO and CENRO, with support from the Regional Office and/or
the EMB, whenever necessary, the academe, relevant government
agencies, and other sectors that may be identified in the negotiations
leading to the execution of the MOA.
Sec.

12.0

Delegation of Monitoring Responsibilities

The MMT may seek the assistance of experts in its monitoring

activities. However, such assistance shall not absolve members of the
MMT from their responsibilities under the MOA.

481

ARTICLE V
ENVIRONMENTAL MONITORING AND GUARANTEE
FUNDS
Sec.

1.0

Environmental Monitoring Fund

Proponents required or opting to submit an EIS are mandated

to include in their EIS a commitment to establish an environmental
monitoring fund (EMF) when an ECC is eventually issued. The EMF
shall be established by the proponent not later than the initial
construction phase of its project or undertaking.

Sec.

2.0

Amount of EMF

The amount to be allocated for the EMF shall be determined on

the basis of the estimated cost of approved post-assessment monitoring
and environmental information programs.
Sec.

3.0

EMF Mechanics

The amount to be paid out from, and the manner of utilization

of, the EMF shall be set forth in the EIS Procedural Manual and
incorporated as part of the MOA referred to in Section 11.0, Article
IV.
Sec. 4.0
Environmental Guarantee Fund
An Environmental Guarantee Fund (EGF) shall be established
for all projects or undertakings that have been determined by the
DENR to pose a significant public risk as herein defined or where the
project or undertaking requires rehabilitation or restoration.
482

Sec.

5.0

Presumption of Public Risk

A significant public risk may be presumed by the DENR if any

of the following conditions exists:
a.
Presence of toxic chemicals and hazardous wastes as defined in
Republic Act No. 6969;
b.

Extraction of natural resources that requires rehabilitate or

restoration;

c.

Presence of structures that could endanger life, property, and

the environment in case of failure; or

d.

Presence of processes that may cause pollution as defined

under Pres. Decree No. 984, or other related pollution laws.
Sec.

6.0

Recovery from the EGF

The manner of recovery from the EGF and the amounts to be

paid out shall be set forth in the EIS Procedural Manual and
incorporated as part of the MOA referred to in Section 11.0, Article
IV.
ARTICLE VI
ADMINISTRATIVE APPEALS
Sec.

1.0

Appeal to the Office of the Secretary

Any party aggrieved by the final decision of the RED may,

within 15 days from receipt of such decision, file an appeal with the
Office of the Secretary. The decision of the Secretary shall be
immediately executory.
483

Sec.

2.0

Grounds for Appeal

The grounds for appeal shall be limited to grave abuse of

discretion and serious errors in the findings of fact which would cause
grave or irreparable injury to the aggrieved party. Frivolous appeals
shall not be countenanced.
Sec.

3.0

Who May Appeal

The proponent or any stakeholder, including but not limited to,

the LGUs concerned and affected communities, may file an appeal.

ARTICLE VII
ROLES AND RESPONSIBILITIES
Consistent with the principles and standards laid down in this
Order, the following persons and officers shall perform the functions
hereinafter provided.
Sec.

a.

1.0

Proponent

The proponent shall:

comply with the standards and guidelines on public participation
and social acceptability;

b.

conduct an EIA of the proposed project and submit its findings

to the EMB/EMPAS in accordance with the prescribed
guidelines;

c.

provide a true, complete, and accurate EIS/IEE.

An
accountability statement for this purpose, as indicated in Annex
A, shall be signed and attached to the EIS/IEE;
484

d.

be jointly and solidarily responsible with the preparer for the

veracity of the latters representations;

e.

initiate the establishment of the EMF and/or the EGF as may be

stipulated in the ECC;

f.

ensure that appropriate post-assessment monitoring and

reporting are carried out as required; and
submit the required reports to the EMPAS/EMB.

g.

Sec.

2.0

Preparers

Preparers of submitted IEEs and EISs shall be responsible for

the accuracy of the said documents. An accountability statement for
preparers, as indicated in Annex B, shall be attached to the submitted
IEE/EIS. The preparers shall be held principally liable and may be
charged with appropriate administrative, civil and criminal sanctions for
any information imputable to them which are found to be false and tend
to misrepresent the findings of the study.
Sec.

a.
b.
c.
d.

3.0

DENR Secretary

The DENR Secretary shall:

grant or deny the issuance of an ECC in accordance with the
process described in this Order;
advise the President on the promulgation of rules, regulations,
and other issuances relative to the EIS System;
establish policies and standards for the efficient and effective
implementation of the EIS System;
promulgate rules, regulations and other issuances necessary in
carrying out the intent of P.D. 1586;

485

e.

exercise supervision over the administration of the EIS System

including establishing a system of review that is objective,
efficient and transparent;

f.

decide appeals from the decisions of the RED and EMB

Director assessing fines and imposing penalties, and the decision
of the RED to issue or deny an ECC;

g.

conduct periodic audits of the implementation of the EIS

System;

h.

enter into agreement with appropriate authorities or agencies

with jurisdiction over special economic zones and similar entities
for the effective implementation of the EIS System; and

i.

issue supplemental guidelines for the implementation of the EIS

System in specific areas, such as forestry and mining.
Sec.

4.0

Environmental Management Bureau

The EMB shall:

a.

process EISs for ECPs submitted by proponents and make

recommendations to the Secretary regarding the issuance or
non-issuance of the ECC;

b.

provide information regarding the status of an ECC application

when so requested;

c.

develop an effective database management system;

486

d.

administer EIA training systems and programs;

e.

foster linkages with environmental units of national government

agencies and other governmental/no-governmental organization.

f.

recommend possible legislation, policies and guidelines to

enhance the effective administration of the EIS System;

g.

recommend rules and regulations for EIA and provide technical

assistance for their implementation and monitoring;

h.

periodically report on the progress of the implementation of the

EIS System including implementing a system of review that is
objective, efficient and transparent;

i.

advise the DENR Regional Offices in the efficient and effective

implementation of EIA policies, programs, and projects;

j.

render necessary support to the PENRO and CENRO in their

compliance monitoring of projects covered by the EIS system;
and

k.

assess and collect fines as herein provided.

Sec.

5.0

DENR Regional Office

The DENR Regional Office shall:

a.

implement laws, policies, plans, programs, projects, rules and

regulations of the DENR relative to the EIS System;

487

b.

advise proponents on existing administrative and procedural

guidelines of the EIS System;

c.

assess and evaluate IEEs;

d.

conduct public hearings whenever necessary;

e.

approve or deny the ECC for ECAs;

f.

provide information regarding the status of an ECC application

when so requested;

g.

render necessary support to the PENRO and CENRO in their

compliance monitoring of projects covered by the EIS system
within their areas of jurisdiction;

h.

investigate EIA-related complaints;

i.

assess and collect fines as herein provided;

j.

assist EMB in the conduct of on-site inspection and make

necessary recommendations;

k.

coordinate with other government agencies, NGOs, LGUs,

private offices and project proponents in the region in the
implementation and enforcement of the EIS System rules and
regulations and public information campaigns;

l.

conduct site verification to facilitate classification of projects;

and

m.

periodically report on the progress of the implementation of the

EIS System within their area of jurisdiction.
488

Sec.

6.0

The EIARC/Regional EIARC

The EIARC/Regional EIARC shall review the EIS in

accordance with the standards set forth herein and in the EIS
Procedural Manual, and shall make recommendations regarding the
granting or denial of the issuance of the ECC for the proposed project
or undertaking.
Sec.

7.0

Local Government Units

Consistent with the provisions of the Local Government Code

of 1991 and related laws, rules and regulations, the LGUs shall:
a.

serve as a forum for public participation at the local level;

b.

participate as a member of the MMT and other appropriate

committees that may be formed to implement the EIS System or
monitor the projects within its territory; and

c.

coordinate with the DENR in the dissemination of information

and in monitoring the implementation of the EIS System.
Sec.

8.0

PENRO and CENRO

The PENRO and CENRO shall:

a.

coordinate with LGUs, NGOs/POs and local communities

relative to the EIS System;

b.

conduct public information campaigns on the EIS System;

489

c.

facilitate information dissemination of process documentation

relative to projects and undertakings within its jurisdiction; and

d.

set up the compliance monitoring of projects with ECCs in their

area of jurisdiction;

e.

represent the DENR in the MMT that may be formed upon the
issuance of ECCs in specific cases;

f.

manage the environmental monitoring fund (EMF) that may be

set up upon the issuance of ECCs in specific cases; and

g.

assists the Regional Offices in the conduct of on-site inspections

and monitoring.
Sec.

9.0

Other National Government Agencies

Pursuant to Executive Order No. 291, Series of 1996, national

government agencies, government-owned and controlled corporations,
and government financial institutions, through their respective
environmental units, shall provide support for the effective
implementation of the EIS System by:
a.

coordinating their projects or programs with the policies of the

EIS System;

b.

providing inputs that may be helpful in the review of the

IEE/EIS; and

c.

ensuring that their respective agencies meet the procedural

requirements of the EIS System.

490

ARTICLE VIII
SCHEDULE OF FEES
Sec.

1.0

Payment of Fees

All proponents, upon submission of the IEE/EIS, shall pay a

filing fee of P310.00 a processing fee of P 1,750.00, and a legal and
research fee of P 70.00.
Sec.

2.0

Additional Costs

The proponent shall be responsible for the payment of all costs

relating to the review of its IEE/EIS, in accordance with the guidelines in
the EIS Procedural Manual.
ARTICLE IX
FINES, PENALTIES AND SANCTIONS
The EMB Director or the RED shall impose penalties upon
persons or entities found violating provisions of P.D. 1586 or its
implementing rules and regulations.
Sec.

1.0

Administrative Investigation

Penalties shall be imposed after an investigation wherein the

respondent shall be given notice and afforded an opportunity to be
heard. The investigation report prepared by the hearing officer shall
include the following matters:
a.

a brief background of the project, including previous violations

committed by the respondent, if any;
491

b.

the provision of law or rules and regulations, ECC conditions,

or EMP provisions violated;

c.

findings of fact, including the results of any measurement,

sampling or monitoring activities conducted either by the EMB,
the DENR Regional Office, DENR-accredited research
institutions, or academic and/or technical organizations and the
results obtained and the corresponding adverse impacts caused
by the violations; and

d.

the recommended amount of fine to be imposed.

Sec. 2.0
Submission
Director/RED

of

Reports

to

EMB

The report shall be submitted to the EMB Director or the RED,

as the case may be, for appropriate action.
3.0

Decision of the EMB Director/RED

The EMB Director or the RED shall issue a decision based on

the investigation report within 15 days from receipt of the report.
4.0

Appeal to the Secretary

The decision of the EMB Director or the RED may be

appealed to the Secretary within 15 days from receipt of a copy of the
decision.
5.0

Cease and Desist Order (CDO)

The EMB Director or the RED may issue a Cease and Desist
Order ( CDO) in order to prevent grave or irreparable damage t the
492

environment. Such CDO shall be effective immediately. An appeal or

any motion seeking to lift the CDO shall not stay its effectivity.
6.0

Scope of Violations

Violations under the EIS System are classified as follows:

a.

Projects which are established and/or operating without an

ECC
Any project or activity which has been classified as
environmentally critical and/or located in an environmentally
critical area established and/or operating without a valid ECC
shall be ordered closed, through a CDO, without prejudice to
its applying for an ECC pursuant to the process outlined in this
Order after the payment of a fine of P50,000.00 for every
violation.

b.

c.

Projects Violating ECC Conditions, EMP or Rules and

Regulations
Projects violating any of the conditions in the ECC EMP or
rules and regulations pertaining to the EIS System shall be
punished by suspension or cancellation of its ECC and/or a fine
in an amount not to exceed P50,000.00 for every violation of
an ECC condition, or the EMP, or the EIS System rules and
regulations. The suspension or cancellation of the ECC shall
include the cessation of operations through the issuance of a
CDO.
Misrepresentations in the IEE/EIS or other documents
Misrepresentations in the IEE/EIS or any other documents
submitted by the proponent pursuant to this Order shall be
493

punished by the suspension or cancellation of the ECC and/or a

fine in an amount not to exceed P50,000.00 for every
misrepresentation. The proponent and the preparer responsible
for the misrepresentation shall be solidarily liable for the
payment of the fine, without prejudice to the withdrawal of
accreditation of the preparers involved.
Sec.

7.0

Administrative Authority/Sanctions

a.

DENR personnel are not allowed to participate in any manner

whatsoever, directly or indirectly, in the preparation of the EIS,
or IEE, or from soliciting favors from proponents or any
stakeholder to facilitate or influence DENR personnel or
EIARC members in the evaluation and decision-making
process. Violation of this provision shall result in the imposition
of administrative sanctions and penalties in accordance with the
Civil Service laws, without prejudice to criminal proceedings
under the Anti-Grant and Corrupt Practices Act and other
relevant laws.

b.

DENR personnel who fail to perform their duties during the

periods stated herein shall submit an explanation in writing to
their immediate superior, copy furnish the Secretary and the
proponent, setting forth the reason for such failure. Should said
explanation be found unsatisfactory by the superior, said
personnel shall be subject to the appropriate administrate
sanctions and penalties in accordance with Civil Service laws.

Sec. 8
Records-keeping and Accountability of the
DENR for Submitted Documents
The DENR, pursuant to Article II, Section 7, and Article II,
Section 28 of the 1987 Constitution, and Executive Order No. 87,
494

Series of 1993, shall ensure the implementation of the Governments

policy of accessibility and transparency at every phase of the EIS
process.
The EMB/EMPAS shall be responsible for records-keeping of
all documents submitted by the proponents applying for ECCs. All
documents generated during the processing of applications shall be
considered public documents. The DENR shall set up an orderly and
systematic procedure for filing, retrieving, and providing public access
to all EIA-related documents. No employee of the DENR may release
any document without a written request and proper authorization from
the head or duly authorized officer of the corresponding office.
ARTICLE X
TRANSITORY PROVISIONS
The EMB shall prepare an EIS Procedural Manual for the
implementation of this Order within a period of 60 days from the
effectivity hereof. The system of accreditation for EIS/IEE preparers
shall be finalized within a period of one (1) year form the effectivity of
this Order. Pending approval of the EIS Procedural Manual, the EMB
Director shall issue such interim guidelines as may be necessary.
ARTICLE XI
EFFECTIVITY
This Order shall take effect 30 days after its publication in a
newspaper of general circulation.

495

ARTICLE XII
REPEALING CLAUSE
This Order supersedes Department Administrative Order NO.
21, Series of 1992.

VICTOR O. RAMOS
Secretary
Published at: TODAY December 06, 1996 pages 06-07
MANILA TIMES December 06, 1996 pages 18-19

496