AO 96-29 DAO 03-30 DMC 2010-14 2017-15

Definitions Section 3 (dd). Public Participation – open, transparent, gender- Public participation – is an element of the
Stakeholders - persons who may sensitive, and community-based public process that gives citizens, particularly
be significant affected by the involvement in the EIA process, aimed at ensuring stakeholders, the opportunity to influence
project or undertaking, such as, the social acceptability of a project or undertaking, major decisions that may affect their
but not limited to, members of the involving the broadest range of stakeholders, community and their environment.
local community, industry, local commencing at the earliest possible stage of
government units (LGUs), non- project design and development and continuing In the EIA Process, the goal of public
governmental organizations until post-assessment monitoring. participation is to enable citizens to take
(NGOs), and people’s responsibility for environmental protection
organizations (POs). Social Acceptability – acceptability of a project by and management through active
affected communities based on timely and involvement in the process.
informed participation in the EIA process
particularly with regard to environmental impacts Stakeholders – persons (natural or juridical)
that are of concern to them. Social acceptability who affect or are affected by the project or
within the EIA process administered by the undertaking, such as, but not limited to,
DENR-EMB is limited to its environmental aspects members of the local community, industry,
while its other aspects including resolution of local government units (LGUs), National
conflicts and other social acceptability issues is Government Agencies (NGAs) and non-
recognized by the DENR-EMB as falling entirely government organizations (NGOs) and
within the Local Government Unit’s jurisdiction people’s organizations.
and responsibility. The DENR-EMB review
process will provide guidance to the LGUs on
environmental aspects to consider in its resolution
of SA issues, e.g. EMB can advice on nature,
extent and magnitude of direct and indirect
impacts and impact areas to assuage the people’s
fears and concerns on environmental pollution,
health and safety.

Stakeholders – entities who may be directly and

significantly affected by the project or undertaking,
including the Proponent, government agencies
who have mandates over the project, local
government units who have jurisdiction over the
project, local communities who may be affected
by project impacts, locally-based or locally-active
NGOs/POs within the impact areas and other
public sectors who may be potentially affected by
the project as defined by the findings of the
 environmental impact assessment of the project.
IEC Section 11. Consistent with the basic policy and Stakeholder involvement shall be initiated
operating pricnople of the Philippine EIS early through information and education
As part of the social preparation process at pre- System wherein the EIA process is based campaign (IEC) prior to scoping.
Scoping, Information, Education and on a timely well-informed public
Communication (IEC) of LGUs is now explicitly participation of potentially-affected The following requirements and procedures
required at the minimum of PEIS/EIS- based communities, identified stakeholders in both shall be constructed/situated and where all
applications for new or modification proposals for direct and indirect impact areas need to be operations are proposed to be undertaken
which Public Scoping is a requirement. The IEC informed of, and consulted on, the project (e.g. in mining project). This shall be the
serves as a basis for preliminary identification of proposal at the earliest EIA stage possible. EIA study area.
stakeholders and related issues in preparation for
the Scoping proper. The revised Manual presents Only one (1) request for At the minimum, the following groups shall
pro- forma documents and supplementing additional/information on the substance of be the audience of the IEC:
guidelines for proper and timely identification of the EIA Report may be required from the
stakeholders to be invited for Scoping and to be project proponent. The project proponent a. LGUs in areas where all project
covered by the EIA Study. shall respond within 5 days, otherwise the facilities are proposed to be
EMB/DENR shall decide on the basis of the constructed/situated and where all
Guidelines on SH Identification: submitted information. operations are proposed to be
undertaken.
1) Consistent with the basic policy and operating Guidelines on SH Identification: b. Government agencies with related
principle of the PEISS wherein the EIA Process is mandate on the type of project and
based on a timely, well-informed public Consistent with the basic policy and its impacts.
participation of potentially-affected communities, operating principle of the PElSS wherein c. Interest groups (NGOs/POs)
identified stakeholders in both direct and indirect the EIA Process is based on a timely, well- preferably those with mission/s
impact areas need to be informed of, and informed public participation of potentially- specifically related to the type and
consulted on, the project proposal at the earliest affected communities, identified impacts of the proposed
EIA stage as possible. Public participation of the stakeholders in both direct and indirect undertaking/project.
stakeholders, particularly in the direct impact impact areas need to be informed of, and d. Households, business activities,
areas, is to be sustained during the EIA Study and consulted on, the project proposal at the industries that will be displaced.
in the conduct of multi-sectoral monitoring of EIS- earliest EIA stage as possible. e. People whose socio-economic
based projects during the project implementation. 1. welfare and cultural heritage are
2) At the pre-EIA Study stage, Publicparticipationofthestakeholders,particu projected to be affected by the
persons/households/communities within the larlyinthedirectimpactareas,is to be project especially vulnerable
smallest unit of local government (e.g. sitio/s or sustained during the EIA Study and in the sectors and indigenous
barangay/s) where project facilities are to be sited conduct of multi-sectoral monitoring of EIS- populations.
(comprising the DIRECT Impact Area – Refer to based projects during the project f. Local institutions (schools,
Annex 2-2) shall be considered the direct/primary implementation. churches, hospital)
stakeholders of the project. They shall be covered 2. Atthepre-
at the minimum by the project’s social EIAStudystage,personslhouseholdslcommu IEC shall be conducted in preparation for
preparations/IEC and shall comprise the nitieswithinthesmallest unit o'f local the public scoping by providing them with
reference/coverage of socio- economic/perception government (e.g. sitiols or barangayls) information about the project, the
surveys. On the other hand, where project facilities are to be sited proponent, and the scoping process.
persons/households/communities immediate to (comprising the DIRECT Impact) shall be
the DIA stakeholders and those within the next considered the directlprimary stakeholders At the minimum, the following information
level of local government unit where the project is of the project. They shall be covered at the shall be provided:
to be sited (e.g. other sitios, barangays, rr~inimumby tlie project's social (…)
municipality) may be initially considered the preparationsllEC and shall comprise the
stakeholders of the Indirect Impact Area (IIA), e.g. referencelcoverage of socio- The IEC shall be in English and/or in
communities along the stretch of the rivers outside economiclperception surveys. On the other Filipino or in local language and shall be
the project boundary but draining the site and can hand, persons/households/communities conducted in the following means:
transport effluent downstream. The LGU officials immediate to the DIA stakeholders and
in the DIA as well as designated leaders of those within the next level of local a. Field visit/s to the project site/s,
sectoral/community organizations are the priority government unit where the project is to be meeting with traditional and
invitees to participate in the project’s conduct of sited (e.g. other sitios, barangays, political leaders, informal dialogues
Public Scoping to surface issues which will municipality) may be initially considered the with community members,
contribute to the Terms of Reference of the EIA stakeholders of the Indirect Impact Area community meetings or
Study. (IIA), e.g. communities along the stretch of “talakayang barangay”. At the
3) Once the EIA Study is done, stakeholders in the rivers outside the project boundary but minimum, KIIs shall be conducted.
the DIA and IIA are more accurately identified draining the site and can transport effluent b. Use of appropriate IEC materials
since the process can be based on the findings of downstream. The LGU officials in the DIA such as film or video showing,
the environmental assessment, e.g. thru as well as designated leaders of printed media or local radio. Other
dispersion/transport modeling studies. sectorallcommunity organizations are the forms of information dissemination
Communities/LGUs outside the project area but priority invitees to participate in the project's that can be used include
along the modeled water quality mixing zones conduct of Public Scoping to surface issues streamers, exhibits, and
(river stretches or coastal areas where there are which will contribute to the Terms of leaflets/flyers.
levels of environmental parameters higher than Reference of the EIA Study.
the water quality criteria) or within the projected 3. During the IEC activities, further
air quality buffer zones (areas with Ground Level OncetheEIAStudyisdone,stakeholdersinthe information may be gathered to enhance or
Concentration (GLCs) of emissions higher than DIAandIIAaremoreaccurately identified update the description of the project
the ambient standard) are considered additional since the process can be based on the location, alternatives, and identification of
DIA stakeholders to those identified during the findings of the environmental environmental impacts.
pre-EIA Study stage. Communities/LGUs assessment,e.g.thrudispersionltransportmo
downstream/beyond the boundaries of the mixing delingstudies. CommunitiesILGUs outside
or buffer zones up to the points where the the project area but along the modeled Updating of SH identification:
baseline environmental values are met may be water quality mixing zones (river stretches
considered the IIA stakeholders. or coastal areas where there are levels of Once EIA is completed, SH identification
4) Other legitimate stakeholders of a project may environmental parameters higher than the shall be updated based on the delineation
be as follows: water quality criteria) or within the projected of the Direct Impact Area and Indirect
a) Households deriving their primary livelihood air quality buffer zones (areas with Ground Impact Area for the proposed undertaking’s
from both DIA and IIA Level Concentration (GLCs) of emissions impacts on air, water, land, and people.
 b) Organizations/Sectors who are locally-active higher than the ambient standard) are
(e.g. with community-based activities) within the considered additional DIA stakeholders to The DIA shall be delineated based on the
DIA and IIA those identified during the pre-EIA Study results of the assessment of the project’s
c) Agencies who have mandates or exercise stage. CommunitiesILGUs impact on air, water, land, and people.
authority over the project (e.g. those who issue downstreamlbeyond the boundaries of the
permits or are mandated to regulate/monitor the mixing or buffer zones up to the points The following examples are provided for
project for compliance to government regulations) where the baseline environmental values illustration purposes:
d) Other entities who may be identified as having are met may be considered the IIA
legitimate interest in the project as validated by stakeholders. (…)
the EIA Study findings 4. Other legitimate stakeholders of a project
Identified stakeholder LGUs/communities in the may be as follows: 10.3 Individuals, sectors, groups or
DIA and those agencies/organizations who have a. organizations living, working, or owns a
direct mandates or activities on the DIA are the Householdsderivingtheirprimarylivelihoodfro property within the DIA as classified are
preferred invitees to participate in the post- mbothDIAandIIA given priority as stakeholders to participate
Scoping EIA processes such as during the b. OrganizationsISectorswho are locally- in the succeeding stages of the EIA
conduct of the EIA Study, public active (e.g. with community-based process.
consultations/hearing and post-ECC monitoring. It activities) within the DIA and IIA
is further preferred that stakeholders who have c. Agencies who have madnates or They shall be represented as member of
attended the Scoping session should be exercise authority over the project (e.g. the Multi-partite Monitoring Team (MTT)
prioritized in the representation in subsequent EIA those who issue permits or are mandated to which may be created for the monitoring of
activities for continuity of stakeholder participation regulate/ monitor the project for compliance project impacts. The general public who
to government regulations) were not identified as SH still welcome to
d. Other entities who may be identified as participate during public hearings.
having legitimate interest in the project as
validated by the EIA Study findings.

Identified SH LGUs/Communities in the DIA

and those agencies/organizations who have
direct mandates or activities on the DIA are
the preferred invitees to participate in the
post-Scoping EIA processes such as during
the conduct of the EIA Study, public
consultations/hearing and post-ECC
monitoring. It is further preferred that
stakeholders who have attended the
scoping session should be prioritized in the
representation in subsequent EIA activities
for continuity of stakeholder participation.
Scoping Article III (A) Section 1.0 Public Scoping for PEIS/EIS-based new projects n recognition of the knowledge on the Reqirements prior to public scoping:
is now more meaningful as community inputs will environmental quality and environmental
 Objectives of Scoping precede the Technical Scoping of the EIA Review concerns in a specific area, proponents of Scoping determines coverage, focus,
Scoping shall be initiated by the Team with the Proponent, and will be formally proposed ECPs are required to consult the depth, and extent of the environmental
proponent at the earliest possible considered before the sign-off of the Scoping community on the Scope of the EIA Study assessment to be undertaken and the
stage of project development to Checklist that comprises the final TOR of the EIA to be conducted in a Scoping meeting. basis of review.
define the range of actions, Study. Key stakeholder representatives, EMB Scoping identifies the most significant
alternatives and impacts to be personnel, EIA Review Committee and the issues/impacts of the proposed projects As such, an effective IEC shall have been
examined. The objectives of Proponent/Preparer representatives also sign off and then delimits the extent of baseline conducted at the minimum with the
scoping shall be to: the List of Issues raised during the Public information to those necessary to evaluate initially identified stakeholders prior to the
Scoping. and mitigate the impacts. The need for and public scoping. The following guidelines
b. allow stakeholders to make scope of the Environmental Risk describe the specific requirement prior to
their concerns known to ensure Assessment (ERA) is also done during the public scoping.
that the EIA adequately scoping session.
addresses the relevant issues; (…)
c. establish an agreement at the
outset of the EIA between the The proposed scope of the EIA study
proponent, the DENR and shall be disclosed to the general public
stakeholders on what issues and and the following guidelines and
alternatives are to be examined; requirements shall apply:
f. determine and agree on the
process of dealing with issues (…)
relating to social acceptability
The public scoping shall be facilitated by
Sec. 4.0 Review of Scoping the EMB-RO and at the minimum, shall
Report have the following agenda:
The EMB shall review the
scoping report submitted by the (…)
proponent and, after consultation
with the latter, determine the The proponent shall prepare the Public
actual scope of he EIS. In Scoping Report (PSR) which at the
determining the scope of the EIS, minimum contains the ff:
the EMB shall take into account
the concerns of and the (…)
recommendations of
stakeholders.
EIA The conduct of the EIA Study shall include local The DENR-EMB shall ensure that EIA Stakeholder involvement in the EIA study.
stakeholders, who may serve as local expert findings for ECPs shall be presented in a
sources, aides/guides and resource persons in public consultation involving all legitimate 9.1 Stakeholders in the community may
primary data collection to optimize access to stakeholders. perform the role of research partners,
indigenous knowledge of the environment, or as community mobilizers, or as key
interviewers/ interviewees in the socio- Environmental concerns raised should be informants in baseline data gathering.
economic/perception surveys which shall be used properly documented and addressed with Their specific involvement can include
as the basis for the subsequent formulation of appropriate management measures by the the following:
social development plans, IEC, monitoring plans project proponent as part of the ECC
and other components of the environmental application requirement. (…)
management plans. LGUs and government
agencies shall specifically be consulted and The Planning and Development Officer or 9.2 Participatory methods such as
involved in the drafting of the project’s Social Environment and Natural Resources Officer consultations, FGDs, group meetings
Development Plan (SDP) Framework. The EIA of the City/Municipal Government directly among others may be used. The
Scoping and EIA Report Outline/Content allocate affected by proposed projects classified as participation of identified stakeholders
specific sections for a presentation and discussion ECPs shall be invited as resource person of shall be the priority but shall also be open
of Public Participation process and outcomes, to the EIA review Committee. For projects that to relevant concerns from the general
be subject to the review of the EIA Review cover two or more cities/ municipalities, the public. The participatory method to be
Committee and evaluation of the EMB during the Provincial PDO or ENRO shall be invited. used should be adapted to the social
Site Visit done simultaneously with either Public organization of the impacted
Hearing or Public Consultation, where applicable. The result of the review of the EIA Study communities and should consider the
and the draft ECC shall be presented to the following in determining specific format:
concerned LGUs to get their inputs prior to
the issuance of the ECC. 9.3 Information gathered from the public
including SH inputs in the assessment of
project alternatives shall be properly
documented and shall be integrated into
the appropriate modules of the EIS.

Section 11.

The EIA report shall contain a

documentation of the public participation
processes conducted prior to and during the
ECC Application. It shall likewise include
discussion on how the stakeholders and the
public’s views were considered in choosing
from the project alternatives.

11.3 The identified SH shall be invited to

actively be involvwd in review through the
following:

 Participating in the public hearings

 Providing relevant comments that
EIARC should consider in the review
 of the EIA report through online
feedback or submitting hard copy to
EMB within the set timeframe.

11.4 the public participation process

undertaken as well as its outputs shall be
considered in the review of the EIA Report
by the EIARC and in the review of the ECC
application by the EMB.

11.5 After the public hearing, the draft EIS

shall be revised incorporating the following
key aspects of the public hearing
documentation along with other concerns
raised during EIARC Meeting/s:

A. Attendance of stakeholders and the

general public (description of
stakeholder sectoral representation)
B. What and how the information was
disseminated to various stakeholder
groups and the chronology of
activities conducted in compliance
with the requirements.
C. Segregated comments, issues
raised and suggestions based on the
main modules of the EIA.
D. Summary of issues raised that are
beyond the mandate of the EMB,
identifying agencies with mandate on
these issues. The Revised EIS shall
be posted in the EMB Website for
further public comments.

The documentation of public participation

highlighting the stakeholder involvement
shall be included in the review process
report (RPR) of EMB. It shall be posted in
the EMB website.
Social ARTICLE IV - Public
Acceptabilit Participation and Social
y 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.
Public Sec. 2.0 Public Information Section 12.
Information a. All information about the
proposed project or To engage meaningful public participation in
undertaking shall be the review of the EIA Report, an EIS
presented by the summary for the Public (ESP) in English and
proponent to the public in Filipino shall be submitted along with the
a language and manner requiremnts for ECC Application.
that are easily
understood. Such The ESP shall contain the ff information:
information shall include (…)
 an evaluation of public
health, environmental, The draft EIS for review and the ESP shall
population, gender, be posted in the EMB Website at least 20
socio-economic, and days before the public hearing along with the
cultural impacts of the Notice of Public Hearing.
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.
Public Sec. 3.0 Public Consultation
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
public’s concerns are fully
integrated into the EIA process.
Public The DENR, upon As a form of disclosure of the EIA findings, Public Section 13.
Hearings recommendation of the EIARC, Hearing is required for all new ECPs for which
shall hold public hearings for Public Scoping was undertaken and for PEIS- 13.1 One public hearing shall be
projects or undertakings requiring based applications. A waiver of the Public Hearing conducted for projects requiring EIS,
an EIS whenever: requested by the Proponent may be granted by PEIS, PEPRMP, and EIS-based
the DENR-EMB subject to the absence of EPRMP. For projects covering more
a. the magnitude of the project is mounting opposition or written request for one than one municipality, public hearing
such that a great number of with valid basis and Public Consultation may be may be conducted per municipality. The
people are affected; conducted instead of Public Hearing. The Notice following guidelines shall govern the
b. there is mounting public of Public Hearing provides explicit instructions on conduct of the public hearing.
opposition against the proposed registration, access to the EIA Report (with
project; or Project Fact Sheet written in the local dialect or
c. there is a written request for mixed with the popularly known language of the
the conduct of such public host communities), preparation of position papers,
hearing from any of the and on the mechanics of how issues may be
stakeholders. received before or during the hearing. Prior to
Public Hearings or Public Consultations, the
Sec. 5.0 Conduct of Public Proponent is required to give copies of the full EIA
Hearings Report to the EMB RO and host municipalities;
The DENR shall conduct such copies of Executive Summary to the host
hearings at a period to be agreed barangays; and copies of Project Fact Sheets to
upon between the DENR and the other stakeholders for a well-informed
proponent in consultation with participation in the hearing/consultation process.
other key stakeholders. All public
hearings shall be summary in Once an ECC/CNC is issued, the EIA
nature and shall not strictly recommendations are transmitted by the DENR-
adhere to the technical rules of EMB to the concerned GAs and LGUs to be
evidence. considered in their decision-making process. This
results to a more integrated, coordinated and
Sec. 6.0 Notice of Public Hearing participative safeguarding of environmental
Notice of public hearing shall be concerns
published once a week for two (2)
consecutive weeks in any Public Hearing Guidelines
newspaper of general circulation
at lest 15 days prior to the 1) A public hearing is a formal process that is
scheduled hearing. Notice shall initiated, planned and conducted by the DENR. It
likewise be posted in a is designed to promote dialogue or
conspicuous place in the communication between and among the project
municipality and barangay where proponent, the DENR and the public for the
the project is proposed to be purpose of exchanging information and views. It
located. All expenses incurred for provides a forum for the proponent and the DENR
the notices shall be charged to to understand community values or needs and
the proponent. appropriately respond to them. Further, it serves
as a venue to test alternative options for
Sec. 7.0 Hearing Officer resolution of issues or conflicts.
The EMB Director/RED shall 2) It should be noted that the Public Hearing is not
designate the hearing officer who the appropriate venue to ensure that the findings
shall be: of the EIA study had been communicated to the
a. of known probity and stakeholders. The communication by the
independence; preparers or proponents of the EIA study
b. familiar with rules and highlights should have been completed before the
procedures in the conduct of submission of the EIS. The processes, methods
public hearings; and proofs of the “feedback to the stakeholders”
should be described in the Process Document. As
c. skilled in effective dispute or such, the conduct of Public Hearing with the
conflict resolution; and primary aim of communicating the EIA results to
d. sensitive to the need for social the stakeholders is not a sufficient basis to require
acceptability and public a public hearing.
participation in the EIA process.
Sec. 8.0 Alternative Dispute or B. Pre-Public Hearing
Conflict Resolution Processes 3) In coordination with DENR, the proponent at its
The DENR, in consultation with own expense shall cause the publication of a
the proponent and other major notice of public hearing once a week for two (2)
stakeholders, shall nevertheless consecutive weeks in any newspaper of general
exert efforts to agree to adopt circulation with the second publication undertaken
appropriate alternative dispute or at least 15 days prior to the scheduled hearing.
conflict resolution processes, For example, the notices are published for two
including but not limited to consecutive Wednesdays with the hearing
mediation, facilitated decision- conducted 15 days after the second publication.
making and negotiation, taking
into consideration the unique ) Notices shall likewise be posted in conspicuous
characteristics of the project, the places in the municipality and barangay where the
issues, and the stakeholders. project is proposed to be located at least 15 days
Sec. 9.0 Process Documentation prior to the scheduled hearing. Announcements of
Report hearing may also utilize popular forms, e.g., radio,
The proponent shall prepare a public address system, posters, Sunday mass or
process documentation report on service. The proponent shall shoulder the
the public consultation, public expenses incurred for such notices.
hearing, alternative dispute or
conflict resolution processes 5) When the stakeholders do not have access to
used, which report shall be the usual means of communication, the proponent
validated by the EMB/EMPAS must utilize other forms of information
through appropriate means. Such dissemination such as radio, distribution of flyers,
process documentation shall publication in local newspaper/s, etc. so that
constitute part of the records of people will promptly learn about the Public
the EIA process. A copy of said Hearing and have adequate time to prepare for
report shall be transmitted to the participation in the process.
PENRO/CENRO within seven (7) 6) The announcement of public hearing shall
days from the end of the public conform to the DENR approved format. The notice
hearing/consultation and shall, should encourage early registration of participants
upon request, be made available and submission of position paper/s. These
by the PENRO/CENRO to all position papers may be formulated by interested
stakeholders and other interested parties (e.g., academe, NGOs/POs, LGUs, etc.) in
parties. Copies of the report shall support or in opposition relative to certain issues
be considered as public or components of the project.
documents.
7) The proponent should ensure the attendance of
stakeholders, particularly the LGU officials and
leaders of key sectoral organizations or
communities within the Direct Impact Areas (DIAs)
and other legitimate stakeholder representatives
in the Indirect Impact Areas (IIA). Annex 2-2
provides guidance on determination of DIA and
IIA while Annex 2-3 provides guidelines on
stakeholder identification. The number of
attendees in the Public Hearing is not as
important as the presence and active participation
of the DIA/IIA LGU officials as well as the diversity
of sectors that have legitimate interests or valid
issues on the proposed development.
8) The DENR shall conduct the public hearing
with the assistance of the proponent and preparer.
The Public Hearing shall be scheduled by 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.
9) Public hearings shall be open, without the need
for a formal invitation, to all interested groups with
valid concerns about the proposed project.
0) Provision of EIA Report copies to the public:
a) The proponent shall provide at least one (1)
complete copy of the EIA Report to the EMB
Office, which is administratively designated as
directly responsible for overseeing the
preparations and conduct of the Public Hearing.
The EIA Report can be used as reference by
stakeholders who want to review the document for
drafting their position on the project.
b) The proponent shall also provide at least one
(1) copy of the EIA Report to each of the host
municipalities and at least one (1) copy of the
Executive Summary to each of the host
barangays. The copies must be lodged at the
development council offices or libraries of the
concerned LGUs for easy access by the people.
c) The proponent shall further provide copies of
Project Fact Sheet (2-3 paged document) to the
concerned EMB and host LGUs (at barangay and
municipality levels). The fact sheet is preferably
written in the local dialect or in a popularly
understood language of the host communities.
The proponent shall take the initiative and effort to
ensure copies of the Project Fact Sheet actually
reach the major stakeholders of the project. The
fact sheet must specify that full copies of the EIA
Report or Executive Summaries can be accessed
at the EMB or concerned LGUs.
11) Selection of a Public Hearing Venue
a) The determination of the venue for the public
hearing is a critical element of the entire process.
It can pre-determine or prejudiced the success or
failure of the exercise. As such, utmost care must
be exerted to select the most optimum venue.
b) The DENR-EMB office concerned, in
coordination with the EIS preparers, shall
determine the venue for the public hearing. The
venue must be neutral, i.e., it is not identified or
associated with a party who is in favor of or
against the project. Further, the venue must not
be conducted in a government location (e.g.,
office, conference hall) of a government unit or
agency that has regulatory control, jurisdiction or
interest over the project. For example, municipal
halls are not ideal venue inasmuch as the
proponent has to secure endorsements or permits
from the LGU. Also, the LGU may be identified or
perceived to be supportive of or against the
project. The selection of a private venue, on the
other hand, does not guarantee neutrality. The
same degree of care must be exerted in selecting
private venues (e.g., hotel).
12) Designation of a Hearing Officer
a) The EMB Director or DENR-EMB RD shall
designate a hearing officer with the following
qualifications:
i) of known probity and independence;
ii) familiarity with rules and procedures in the
conduct of public hearings;
iii) skill in effective dispute and conflict resolution;
and
iv) sensitivity to the need for social acceptability
and public participation in the EIA process.
b) A hearing officer need not be a lawyer nor a
DENR personnel. A professional
moderator/facilitator who possesses the
necessary qualifications may be designated as
hearing officer.
13) Powers and Duties of Hearing Officer
a) A hearing officer shall have the power and
authority to conduct the proceeding with the aim
of eliciting information and facts to support the
substantive review of the EIARC.
b) A hearing officer shall ensure that all
participants are given the opportunity to be heard
and to ventilate their positions/concerns regarding
the project. Furthermore, the public hearing officer
should ensure that these concerns are adequately
discussed.
c) A hearing officer shall endeavor to identify
options for possible resolution of issues and
conflicts.
d) He shall submit a report of the proceedings to
the EIARC within 10 days after the hearing.
e) He may also be called upon by the EIARC to
give a verbal report even prior to the submission
of the formal report for purposes of facilitating the
review process. The report shall be an
assessment of issues discussed or events that
transpired during the public hearing, and the
findings or recommendation of the public hearing
officer.
f) To facilitate the preparation of the report, the
hearing officer may require the
proponent/preparers to engage the services of a
stenographer (or equivalent) to prepare the
transcript of the session.
C. Public Hearing Proper
14) Matters to be Discussed in a Public Hearing
a) The hearing, as much as practical and
possible, may deal with any or a combination of
the following themes:
i) the proponent, especially their responsibilities to
the community;
ii) the project, including its elements or
components, its implementation and related
development;

iii) the elements and features of the environment

likely to be affected by the project;
iv) the impact, as identified and assessed;
v) the option, as studied and evaluated;
vi) monitoring, follow-up, enhancement, and
mitigating measures;
vii) negotiated settlements or compensations
viii) assurances and guarantees for compliance to
the environmental management plan
b) Procedures of the EIA review process and
grounds for appeals may also be discussed during
the hearing to inform the stakeholders about their
rights.
15) Conducting a Public Hearing
a) Set the proper tone for the public hearing
This can be done by singing the national anthem
and delivering an invocation. An opening remark
may also be given to provide a briefing and
orientation on the purpose of the public hearing,
the EIS System, and other such relevant
information.
b) The Hearing Officer explains the rules
governing the conduct of the public hearing.
Examples of rules that should be emphasized
include, among others, the following:
i) comments should be based on correct and
updated information
ii) discussions should be directly relevant to the
issue at hand
iii) comments should be made on behalf of public
interest not personal interest
iv) proper decorum (ex. no cat calls, no booing)
c) The first part shall be the presentation of all
information or facts regarding the project and the
result of the EIA. The presentations should be
comprehensive and should be clearly
communicated in the language that would be
easily understood by the public. An interpreter
should be readily available in case some aspects
of the information need to be translated in the
local dialect. There should be no interruption
during the presentations except for clarification.
d) The second part of the public hearing should be
devoted to entertaining questions, comments,
reactions, and ideas.
i) During this part of the public hearing, the
hearing officer should insure that heated or
emotional debates and arguments are avoided.
The opportunity to ventilate valid issues and
concerns should be maximized. This process
should be well managed to maximize participation
and get a balanced view of those who are for and
against the project. To the extent possible, there
must be full representation across the broad
sectors of the various stakeholders or interest
groups. As much as possible before the start of
the public hearing, the following should be
determined:
• How should speakers be chosen? One for (pro)
followed by one against (con) the project?
• Do we require registration of speakers for and in
behalf of certain groups?
• Do we require written comments? What if
stakeholders like indigenous groups cannot write?
ii) Participants may ask questions about specific
points in the impact study. They may raise new
points. In some cases, they may take the liberty of
assessing the content of the impact study,
challenging the data, the methodology, or even
the interpretation of the data. They may also
interpret or re-interpret the results of the
proponent's analysis. Finally, they may go well
beyond the content of the impact study,
introducing new information and assessments.
iii) Resource persons may be invited to present
technical information or shed light on certain
issues. However, it is the responsibility of the
proponent and preparer to make available the EIA
team to answer questions or issues raised during
the hearing.
iv) The facilitator should be sensitive to the socio-
cultural dynamics of the project area to be able to
assess and determine valid issues and
accordingly deal with them properly during the
process.

D. Post-Public Hearing
16) Proponent Documentation: The proponent
must carefully document (in audio and preferably
in videotape form) all public hearings. Such
documentation shall be submitted to the Hearing
Officer who shall validate and carefully analyze
the process and results.
. The process documentation shall include the
following:
a) list of directory of participants
b) the issues, concerns, interests raised or
addressed during the public hearing.
c) the sequence of significant activities
undertaken or issues addressed
d) the process by which agreements or
resolutions were arrived at
e) the stakeholders and key players who most
actively participated, those who were present but
were quiet, those who were not represented
f) the outcome of the activity or undertaking
As a rule, the EIARC shall prescribed the
appropriate feedback mechanism/s (e.g., manner
of providing copies of the documentation) for
those who demand it and those deemed by the
EIARC as needing it.
17) Public Hearing Report by Public Hearing
Officer:
proceedings, videotapes, etc) shall be submitted
by the proponent within five (5) working days to
the EIARC, copy
furnished the public hearing officer
The Public Hearing Report shall have the
a) Project Background – project description,
location, implementation schedule and other
details as presented during the
public hearing.
b) Public Hearing Proceedings – administrative
arrangements (e.g., background on why public
hearing was required, schedules and actual time
utilized, venues, logistical supports provided, etc.),
summary/list of participants, and general
assessment of the conduct of the public hearing.
c) Summary of Issues and Discussions – a
summary (with annotation or reference to the
detailed transcriptions, if necessary) of issues and
 concerns raised during the public hearing, the
parties concerned (the one who raised the issue
and the responding party), resolution/s or
agreement/s.
d) Recommendations and Conclusions – findings,
recommendations and/or conclusions of the
Public Hearing Officer especially with regard to
the issues or concerns raised by the stakeholders
AND assessment or determination if the basis or
reasons why a public hearing was required had
been resolved.
e) Essentially, the report is an assessment of
issues discussed or events that transpired during
the public hearing, and the findings or
recommendation of the officer. The PH Officer
may also be called upon by the EIARC to give a
verbal report even prior to the submission of the
formal report for purposes of facilitating the review
process.
Compliance Sec. 10.0 Compliance Monitoring Post-ECC multi-sectoral validation of a They shall be represented as member of the
Monitoring Proponent’s self-monitoring results is instituted for Multi-partite Monitoring Team (MTT) which
a. A multi-partite monitoring team PEIS/EIS-based projects. On the side of the EMB, may be created for the monitoring of project
(MMT) shall be formed through its Project Environmental Monitoring and impacts. The general public who were not
immediately after the issuance of Audit Prioritization Scheme (PEMAPS), a identified as SH still welcome to participate
an ECC pursuant to an EIS. The mechanism is provided for determination of EMB during public hearings.
MMT shall be principally tasked monitoring strategy and EMB monitoring priority
to undertake monitoring f rank a project will be assigned to, which provides MMTs shall only be for ECPs. All other
compliance with the ECC guidance to the public on the applicable MMTs including clustered MMTs shall be
conditions, the EMP and monitoring schemes for the project. deemed automatically dissolved. ECC
applicable laws, rules and condition on the creation of MMTs for Non-
regulations. b) Monitoring by Multi-partite Monitoring Team. ECPs shall be deemed invalid.
MMTs are organized to encourage public
participation, to promote greater stakeholder The project proponents and EMB-DENR
b. Monitoring of compliance with
vigilance and to provide appropriate check and shall no longer be members of the MMT. The
the proponent’s ECC issued
balance mechanisms in the monitoring of project EMB-DENR shall provide oversight guidance
pursuant to an IEE, and
implementation. The MMT is recommendatory to to the MMT and consider its reports and
applicable laws, rules and
EMB. recommendations in its impact and
regulations, shall b undertaken by
compliance evaluation.
the concerned PENRO and
MMTs have the primary responsibility of validation
CENRO with support from the
of Proponent’s environmental performance, with It shall conduct regular performance audit of
Regional Office and/or EMB
 the following specific functions: the MMTs. The project proponent shall
whenever necessary. i) Validate project compliance with the conditions provide funds for the MMT activities based
stipulated in the ECC and the EMP; on the Annual Work and Financial approved
ii) Validate Proponent’s conduct of self-monitoring; by the EMB.
iii) Receive complaints, gather relevant
information to facilitate determination of validity of The composition of the MMT shall be
Sec. 11.0 Composition of the complaints or concerns about the project and rationalized to be representative of relevant
MMT timely transmit to the Proponent and EMB SH groups as identified based on Section
recommended measures to address the 10. For it to be a truly independent third party
The composition of the MMT and complaint; entity, the following shall compose the
their responsibilities shall be iv) Prepare, integrate and disseminate simplified reconstituted MMT:
provided in a Memorandum of validation reports to community stakeholders;
Agreement (MOA) negotiated by v) Make regular and timely submission of MMT (..)
the proponent, the DENR and the Reports based on the EMB-prescribed format.
major stakeholders. In all cases, Section 17. Functions of the MMT;
the MMT shall be composed of Core membership of the MMT: The MMT shall be Section 18. MMT Formation and
representatives of the proponent composed of representatives of the proponent Operationalization.
and of a broad spectrum of and of stakeholder groups, including
stakeholder groups, including representatives from concerned LGUs, locally
representatives from the LGUs, accredited NGOs/POs, the community, concerned
NGOs/POs, the community, EMB Regional Office, relevant government
women sector, concerned agencies, and other sectors that have been
PENRO and CENRO, with identified during the EIA Study as potentially
support from the Regional Office affected by the various phases of the project.
and/or the EMB, whenever
necessary, the academe, Formation of the MMT: After the ECC is issued;
relevant government agencies, the proponent initiates the formation of its MMT by
and other sectors that may be holding a meeting with the concerned EMB Office.
identified in the negotiations The proponent presents a list of potential MMT
leading to the execution of the members based on stakeholder identification
MOA. using the pro forma in Annex 2-3 as validated in
the EIA Study. The proponent then prepares a
Sec. 12.0 Delegation of draft project- based Memorandum of Agreement
Monitoring Responsibilities (MOA) for the creation of the MMT and
establishment of the Environmental Monitoring
The MMT may seek the Fund (EMF) and Environmental Guarantee Fund
assistance of experts in its (EGF) based on the pro-forma presented in Annex
monitoring activities. However, 3-4.
such assistance shall not absolve
members of the MMT from their MOA conditions shall be discussed, subjected to
 agreement among the MMT members and
responsibilities under the MOA. finalized during the meeting, then routed to the
signatories. After the MOA signing, LGUs, GAs
and other organizations identified as having
representation in the MMT shall officially
designate specific personnel who meet the criteria
specified in the MOA as representative of these
entities through a written office order /
endorsement.