Environmental Impact Statement System Establishment

Section 3 authorizes the Minister of Human Settlements or his designated representative to name the lead agencies referred to in Section 4 of Presidential Decree No. 1151.
Section 3 assigns lead agencies the jurisdiction to prepare the necessary environmental impact statements on declared environmentally critical projects and areas.
Section 3 requires all Environmental Impact Statements to be submitted to the National Environmental Protection Council for review and evaluation.

Section 4 empowers the President of the Philippines to declare certain projects, undertakings, or areas as environmentally critical by proclamation.
Section 4 allows such declaration on the President’s own initiative or upon recommendation of the National Environmental Protection Council.
Section 4 prohibits any person, partnership, or corporation from undertaking or operating any declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative.
Section 4 empowers the President, by proclamation, to reorganize government offices, agencies, institutions, corporations, or instrumentalities for proper management of critical projects or areas, including re-alignment of government personnel and their specific functions and responsibilities.
Section 4 directs the Ministry of Human Settlements to:
- (a) prepare the proper land or water use pattern for the critical project(s) or area(s);
- (b) establish ambient environmental quality standards;
- (c) develop a program of environmental enhancement or protective measures against calamituous factors such as earthquake, floods, water erosion, and others; and
- (d) perform such other functions as the President directs from time to time.

Section 5 provides that projects, undertakings, and areas not declared by the President as environmentally critical are non-critical.
Section 5 states that non-critical projects, undertakings, and areas shall not be required to submit an environmental impact statement.
Section 5 authorizes the National Environmental Protection Council, through the Ministry of Human Settlements, to require non-critical projects and undertakings to provide additional environmental safeguards as it deems necessary.

Section 6 authorizes the National Environmental Protection Council to constitute the necessary secretariat to administer the Environmental Impact Statement System.
Section 6 requires the secretariat to undertake the processing and evaluation of environmental impact statements.

Section 7 authorizes the Ministry of Human Settlements to provide management and financial support to government offices and instrumentalities placed under its supervision pursuant to the Decree.
Section 7 provides that such support is financed from the Ministry’s existing appropriation or from budgetary augmentation as the Minister of Human Settlements may deem necessary.

Section 8 requires the National Environmental Protection Council to issue the necessary rules and regulations to implement the Decree.
Section 8 allows the National Pollution Control Commission to be availed of as one of the Council’s implementing arms, consistent with its powers and responsibilities under P.D. No. 984.

Section 9 imposes penalties on any person, corporation, or partnership that violates Section 4 of the Decree, the terms and conditions of the Environmental Compliance Certificate, or the standards and rules and regulations issued by the National Environmental Protection Council pursuant to the Decree.
Section 9 provides that the violator shall be punished by suspension or cancellation of its certificate and/or a fine.
Section 9 sets the fine at an amount not to exceed PHP 50,000 for every violation, at the discretion of the National Environmental Protection Council.

Section 10 directs that proceeds from the penalties in Section 9 and other penalties imposed by the National Pollution Control Commission as authorized in P.D. No. 984 shall be automatically appropriated into an Environment Revolving Fund.
Section 10 creates the fund as an exemption to P.D. No. 711 and P.D. No. 1234.
Section 10 provides that the fund shall be used exclusively for the operation of the National Environmental Protection Council and the National Pollution Control Commission in implementing the Decree.
Section 10 requires the rules and regulations for utilization of the fund to be formulated by the Ministry of Human Settlements and submitted to the President for approval.

Section 11 abolishes the Inter-Agency Advisory Council of the National Pollution Control Commission created under Section 4 of P.D. No. 984.
Section 11 transfers the abolished Council’s powers and responsibilities forthwith to the Control of the National Environmental Protection Council.
Section 11 repeals, amends, or modifies all laws, decrees, executive orders, rules, and regulations inconsistent with the Decree.
Section 12 provides that the Decree takes effect immediately.
The Decree is Presidential Decree No. 1586, titled “ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES.”
The Decree is dated June 11, 1978, and was signed by FERDINAND E. MARCOS in the City of Manila on the 11th day of June in the year of Our Lord nineteen hundred and seventy-eight.