Legal basis and related legal framework
- Presidential Decree No. 1586 established the Philippine EIS System to facilitate a rational and orderly balance between socio-economic growth and environmental protection.
- Section 4 of Presidential Decree No. 1586 empowers the President or his duly authorized representative to grant or deny issuance of ECCs for environmentally critical projects within environmentally critical areas.
- Section 7 of Executive Order No. 192 vests in the Secretary of the DENR authority and responsibility to exercise the DENR mandate, accomplish its objectives, and discharge its powers and functions.
- Section 21, Chapter 4, Title XIV, Book IV of Executive Order No. 292 (Administrative Code of 1987) directs DENR Regional Offices to implement DENR laws, policies, plans, programs, projects, rules, and regulations for sustainability, productivity, social equity, and environmental protection in their respective regions.
- Section 34, Chapter 4 of Republic Act No. 8749 (Philippine Clean Air Act of 1999) converts the Environmental Management Bureau from a staff bureau into a line bureau with Regional Directors in charge of regional offices.
- Section 4 of Executive Order No. 291 (1996) provides for continuous strengthening of the DENR’s Environmental Impact Assessment capability.
- The order also cross-references the technical definitions of “Environmentally Critical Projects” and “Environmentally Critical Areas” under Presidential Proclamation No. 2146 (1981).
Policy and system-oriented approach
- Section 1 declares it as State policy that optimum economic development is pursued without delay so the present generation meets its needs without compromising the needs of future generations.
- Section 1 mandates a systems-oriented and integrated approach in analyzing and addressing environmental concerns vis-a-vis national development programs.
Authority to grant or deny ECCs
- Section 0 (Whereas/Order clause) authorizes ECC processing action by the Secretary of the DENR and, in addition, authorizes the Director and Regional Directors of the EMB to grant or deny the issuance of ECCs.
- Section 0 frames the Secretary of the DENR as the President’s alter ego for granting or denying ECCs on behalf of the President.
Streamlined ECC processing and approvals
- Section 2(A) directs project proponents to simultaneously conduct:
- the environmental impact study required for ECC application, and
- the feasibility study for the proposed project.
- Section 2(B) establishes processing timeframes and specifies:
- Environmentally critical projects (Single Project) must be endorsed by the EMB Central Office Director and approved by the DENR Secretary/EMB Director, with processing not to exceed 120 working days.
- Non environmentally critical projects located in critical areas must be endorsed by the EIA Division chief, Regional Office and approved by the EMB Director/Regional Director, with processing not to exceed 60 working days.
- Projects not covered by the EIS System must be endorsed by the EIA Division chief, EMB Central/Regional Office and approved by the EMB Director/Regional Director, with processing not to exceed 15 days.
- Section 2(B) provides a mandatory automatic approval rule: if no decision is made within the specified processing timeframe, the ECC application is deemed automatically approved.
- Section 2(B) requires issuance after automatic approval: the approving authority must issue the ECC within five (5) working days after the prescribed processing timeframe.
- Section 2(C) limits the DENR-EMB to a maximum of two (2) official requests for additional information in writing from the ECC applicant.
- Section 2(D) states that projects with no significant environmental impact shall not be required to secure an ECC.
Technical guidelines and definition updates
- Section 2(D) directs the EMB, in coordination with the Department of Trade and Industry (DTI), to review and update/make appropriate revisions to:
- technical guidelines on the EIS System implementation; and
- the technical definition of “Environmentally Critical Projects” and “Environmentally Critical Areas” under Presidential Proclamation No. 2146 (1981).
- Section 2(D) requires the revisions to take into consideration industrial and technological innovations and trends.
Strengthening EIS system implementation
- Section 3(A) requires the DENR-EMB to conduct regular consultations with DTI, affected industry groups, and other stakeholders to continually improve ECC application processing in line with the policy.
- Section 3(A) directs the DENR Secretary to appraise the President of:
- the issues raised; and
- the actions taken by the DENR to address those issues.
- Section 3(B) mandates improvements to information systems for effective public dissemination, including regular updating of the status of ECC applications on the website.
- Section 3(C) converts the existing EIA ad hoc division at both the EMB Central Office and EMB Regional Office (primarily in charge of ECC processing) into a full-pledged division.
- Section 3(C) requires creation of new EIA Division position items using existing budget and vacant government service position items, reclassified accordingly.
Implementing guidelines, repeal, and effectivity
- Section 4 empowers the DENR Secretary to issue implementing guidelines as necessary to ensure effective compliance with the order.
- Section 5 provides a general repeal/amendment rule: all administrative orders (including Administrative Order No. 300 (1996)), executive orders, rules, and regulations inconsistent with the order are deemed revoked, amended, or modified accordingly.
- Section 6 provides immediate effectivity on November 02, 2002 adoption date, with effect immediately.