The Philippines' Environmental Impact Assessment System

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					   The Philippines’
Environmental Impact
 Assessment System
Notes on its History, Current
   Issues, and Prospects

       Ben S. Malayang III
       Technical Innovations Substrated by
         Shifting Political Fundamentals

   1977         PD 1151                 Phil Env’l Policy
    Required sponsors of all government and private projects affecting
    the quality of the environment to prepare an assessment of the
    project’s environmental impacts

   1977         PD 1152                 Phil Env’t Code
    Required all land use management regulating or enforcing agencies
    to consider significant environmental impacts, as well as other
    aspects of locating industries.
   1978         PD 1586                  Phil EIA System
    Centralized the EIS System under the (then) National Environmental
    Protection Council (NEPC), and authorized the President and the
    NEPC to proclaim projects and activities subject to the EIS system;
    placed PAB (created by PD 984) under NEPC

   1979         IRR-PD 1586
    Defined the parameters for EIS; established penalty structures for
    non-compliance; created the EIA review committee; set the
    procedures for implementing the EIS system; provided for exempt-
    ions, & established procedures for public hearings related to an EIS.
   1981         PP 2146                  ECAs and ECPs
    Proclaimed certain areas and types of projects as environmentally
    critical (ECAs & ECPs) and within the scope of the EIS system

   1983         NEPC Office Circular No. 3
    Provided a technical definition and scope for environmentally critical
    projects and areas

   1984         Revision of IRR-PD 1586 (1st Change)
    Limited the EIS to ECPs; set the requirements for ECAs;
    established fee structures & compliance monitoring system; called
    for closure of ECPs operating without ECC; authorized the NEPC to
    cancel an ECC for grantees’ violations of conditions or other
    standards & rules and regulations
   1987         EO 192                   DENR Reorganization
    Established the central & regional structure of DENR, including EMB;
    abolished the NEPC & transfered its powers & functions to EMB; PAB
    placed under the administrative jurisdiction of DENR

   1992         DENR DAO 21               Amending IRR-PD1586
                                          (2nd Change)

    Decentralized certain EIA functions to DENR regional offices; defined
    the need for public hearings; established the concept of multi-sectoral
    monitoring team and Environmental Guarantee Fund

   1991-92 RA 7160; IRR                  Local Gov’t Code
    Transferred certain environmental functions to LGUs and provided for
    the position of ENROs in provinces, cities and municipalities
   1992         DENR DAO 30             Amending IRR-PD1586
                                         (3rd Change)

    Assigned to LGUs the functions of issuing ECCs and adjudicating
    cases involving env’l complaints against small projects and businesses
    (i.e., Kalakalan 20)

   1996         DENR DAO 37
    Set the operational details on implementing the EIS system

   1997         DAO 16                  Programmatic EIA
    Limited application; only 3 attempts (Limay, PHIVEDEC, Agusan)
   2002         EO 42
    Set the legal basis for DENR’s administrative and technical actions to
    respond to issues emerging from the implementation of DAO 96-37

   A two-era history:

        Era of development and political centralization
         (Marcos years), and

        Era of expansion and political pluralization
         (post-Marcos years)
              Current Issues
      Navigating in a Sea of Confusing
            Development Policy

 Planning    or regulatory instrument?


   Tool for env’l protection or for supporting
    economic interests? Tool for inhibiting or
    facilitating instrument of sustainable


                                Economic Interests
   Stress on science, or on social & cultural
    sensitivity & capture?

     Stress on

                             Stress on social &
                             cultural sensitivity
                             & capture
   A conflict-resolving or conflict-promoting process?

                Different Resource Regimes

    RESOURCES                 Single              Multiple

    USES               Single     Multiple   Single      Multipl
    USERS             Home Lots    Home      Logging;   Ranches;
             Single               Gardens     Mining    Haciendas

            Multipl   Communal     Roads       PAs           ;
            e          Springs                          Watershed
      Searching for Relevance in a Future of
    Integrated National Development Interests

   Mitigation of environmental impacts, or
    Rationalization of Resource Mgt & Uses?

       Mitigation: stress on post-RM decisions
       Rationalization: stress on pre-RM decisions
   Intensify & widen impact assessment, or shift the
    paradigm of assessment?

       Intensification: stress on scoping & methods
       Paradigm shift: stress on purpose & objectives
       More EIA, or shift to Sustainable Development Impact
        Assessment (SDIA)?

        SDIA: puts a stress on determining “best” land or
        resource uses; provides a tool for transparency &
        accountability in environmental and resource

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