Question & AnswerQ&A (DENR MEMORANDUM CIRCULAR NO. 2002-15)
The circular aims to strengthen the procedure in the imposition of fines and penalties upon persons or entities violating provisions of P.D. 1586 or its implementing rules and regulations, specifically under the Philippine Environmental Impact Statement (EIS) System.
Projects classified as Environmentally Critical Environmentally Critical Projects (ECP) and other critical projects found operating without a valid ECC shall be ordered closed through a Cease and Desist Order (CDO) after due process, and immediately if posing danger to life and property.
The maximum penalty or fine imposed is Php 50,000.00.
Penalties can be reduced based on: 1) Nature of ECC application (25% reduction if applied before Notice of Violation), 2) Completion percentage (10% reduction if not more than 25% completed, 5% if more than 25% but less than 50% completed), 3) Project Cost (20% reduction if less or equal to Php 5 million, 10% if not more than Php 10 million), and 4) Project impact (25% reduction if no adverse environmental impacts). A maximum total reduction of 80% is allowed if all criteria are met.
The proponent must submit a certified scope of work with supporting documents, and a certification of project cost with supporting documents such as SEC Registration showing capitalization.
No, an unverified certification cannot be used to avail of the penalty reductions.
Such projects are subject to suspension or cancellation of their ECC, and/or a fine not exceeding Php 50,000 for every violation.
Yes, penalties for telecommunication projects found operating without an ECC are excluded under this Memorandum Circular and are governed by a separate Memorandum Circular No. 02, Series of 2000.
The circular took effect immediately upon adoption on November 25, 2002.
The circular was adopted by Secretary Heherson T. Alvarez and recommended for approval by EMB Director Julian D. Amador.