QuestionsQuestions (ADMINISTRATIVE ORDER NO. 42)
The EIS System was established under Presidential Decree (PD) No. 1586 (1978) to promote a rational and orderly balance between socio-economic growth and environmental protection, ensuring environmental concerns are incorporated in national development.
Section 4 of PD 1586 empowers the President or his duly authorized representative to grant or deny ECCs for environmentally critical projects within environmentally critical areas.
EO No. 192 vests in the DENR Secretary the authority and responsibility to exercise the DENR’s mandate; the Order treats the Secretary as the alter ego of the President, thus deemed to have power to grant or deny ECCs on behalf of the President.
Under Section 21, Chapter 4, Title XIV, Book IV of EO No. 292 (Administrative Code of 1987), DENR Regional Offices implement laws, policies, plans, programs, projects, rules and regulations to promote sustainability, social equity, and environmental protection in their respective regions.
Section 34 of RA 8749 converted the Environmental Management Bureau (EMB) into a line bureau with Regional Directors in charge of various regional offices.
It authorizes, in addition to the DENR Secretary, the EMB Director and Regional Directors to grant or deny ECCs.
It states that optimum economic development shall be achieved without delay, pursued to meet present needs without compromising future generations, using a systems-oriented and integrated approach to environmental concerns vis-à-vis national development.
Endorsing official: EMB Central Office Director; Approving authority: DENR Secretary/EMB Director; Processing time not to exceed 120 working days.
Endorsing official: EIA Division Chief, Regional Office; Approving authority: EMB Director/Regional Director; Processing time not to exceed 60 working days.
Endorsing official: EIA Division Chief, EMB Central/Regional Office; Approving authority: EMB Director/Regional Director; Processing time not to exceed 15 days.
If no decision is made within the specified processing timeframe, the ECC application is deemed automatically approved, and the approving authority must issue the ECC within five (5) working days after the prescribed processing timeframe.
The DENR-EMB is limited to a maximum of two (2) official requests for additional information from the ECC applicant, and such requests must be in writing.
No. The Order states that projects that have no significant environmental impact shall not be required to secure an ECC.
The EMB in coordination with DTI shall review and update/make appropriate revisions on the technical guidelines on EIS Systems implementation, including the technical definition of ‘Environmentally Critical Projects’ and ‘Environmentally Critical Areas’ based on innovations and trends.
It directs implementation consistent with EO No. 291 (1996) and requires converting the current EIA ad hoc division at EMB Central and EMB Regional offices into full-pledged divisions, creating new position items out of existing budget and vacant government position items reclassified accordingly.
The information systems for policy, program, and project-level aspects must be improved for effective dissemination, including regular updating of the status of ECC applications on the website.
All administrative orders including Administrative Order No. 300 (1996), and other executive orders, rules, and regulations inconsistent with the Order are deemed revoked, amended, or modified accordingly.
It takes effect immediately upon adoption. This implies it should apply right away to ECC processing procedures consistent with its provisions unless otherwise addressed by implementing guidelines or transitional issues not stated in the text.