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Article 2
SECTION 15. The State shall protect and
promote the right to health of the people
and instill health consciousness among
them.
SECTION 16. The State shall protect and
advance the right of the people to a
balanced and healthful ecology in accord
with the rhythm and harmony of nature.
Article 12
National Economy and Patrimony
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively
to Filipino citizens.
The Congress may, by law, allow smallscale utilization of natural resources by
Filipino citizens, as well as cooperative fish
farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes,
bays, and lagoons.
The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for
large-scale exploration, development, and
utilization of minerals, petroleum, and
other mineral oils according to the general
terms and conditions provided by law,
based on real contributions to the
economic growth and general welfare of
the country. In such agreements, the State
shall promote the development and use of
local scientific and technical resources.
The President shall notify the Congress of
every contract entered into in accordance
with this provision, within thirty days from
its execution.
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corporations, cooperatives, and similar
collective organizations, shall have the
right to own, establish, and operate
economic enterprises, subject to the duty
of the State to promote distributive justice
and to intervene when the common good
so demands.
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the executive and managing officers of
such corporation or association must be
citizens of the Philippines.
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qualifications and disabilities as may be
prescribed by law. The authority shall
provide policy direction in the areas of
money, banking, and credit. It shall have
supervision over the operations of banks
and exercise such regulatory powers as
may be provided by law over the
operations of finance companies and other
institutions performing similar functions.
Until the Congress otherwise provides, the
Central Bank of the Philippines, operating
under existing laws, shall function as the
central monetary authority.
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II. Philippine Environmental Policy
PRESIDENTIAL DECREE No. 1151
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shall be the duty and responsibility of
each individual to contribute to the
preservation and enhancement of the
Philippine environment.
Section
4.
Environmental
Impact
Statements. Pursuant to the above
enunciated policies and goals, all agencies
and instrumentalities of the national
government, including government-owned
or controlled corporations, as well as
private corporations firms and entities
shall prepare, file and include in every
action, project or undertaking which
significantly affects the quality of the
environment a detail statement on
Before
an
environmental
impact
statement is issued by a lead agency, all
agencies having jurisdiction over, or
special expertise on, the subject matter
involved shall comment on the draft
environmental impact statement made by
the lead agency within thirty (30) days
from receipt of the same.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ESTABLISHING AN ENVIRONMENTAL
IMPACT
STATEMENT
SYSTEM,
INCLUDING OTHER ENVIRONMENTAL
MANAGEMENT RELATED MEASURES
AND FOR OTHER PURPOSES
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
Sec 3 Definition of Terms :
*Environment - Surrounding air, water
(both ground and surface), land, flora,
the
project
proponent
and/or
EIA
Consultant that serves as an application
for an
impact
on
the
*
Environmental
Compliance
Certificate (ECC)- document issued by
the
DENR/EMB after a positive review of an
ECC application, certifying that based
on the representations of the proponent,
the proposed project or undertaking will
not
cause
environmental
certifies that
significant
impact. The
negative:
ECC also
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The proponent or any stakeholder may file
an appeal to the following:
Deciding Authority Where to file the
appeal
EMB Regional Office Director Office of the
EMB Director
EMB Central Office Office of the DENR
Secretary
DENR Secretary Office of the President
Section 7. The EIA Process in Relation to
the Project Planning Cycle
Proponents are directed under AO 42 to
conduct simultaneously the environmental
impact study and the project planning or
feasibility study. EMB may validate
whether or not the EIS was integrated with
project planning by requiring relevant
documentary proofs, such as the terms of
reference for the feasibility study and
copies of the feasibility study report.
The EMB shall study the potential
application
of
EIA
to
policy-based
undertakings as a further step toward
integrating and streamlining the EIS
system.
Sec 1.
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ENVIRONMENTAL LAW Reviewer under Atty. Steve Mercano
ARTICLE II Declaration of
Environmentally Critical Projects or
Areas
PROCLAMATION NO. 2146 of 1981
A. Environmentally Critical Projects
I. Heavy Industries
a.Non-ferrous metal industries
b. Iron and steel mills
c.Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a.Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in
public/private forests
4. Forest occupancy
5.Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled,
nuclear
fueled,
hydroelectric
or
geothermal)
c. Major reclamation projects
d. Major roads and bridges.
B. Environmentally Critical Areas
1. All areas declared by law as national
parks,
watershed
reserves,
wildlife
preserves and sanctuaries;
2. Areas set aside as aesthetic potential
tourist spots;
3. Areas which constitute the habitat for
any endangered or threatened species of
indigenous Philippine Wildlife (flora and
fauna);
4.
Areas
of
unique
historic,
archaeological , or scientific interests;
5. Areas which are traditionally occupied
by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit
by natural calamities geologic hazards,
floods, typhoons, volcanic activity, etc.
7. Areas with critical slopes;
8. Areas classified as prime agricultural
lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or
any
combination
of
the
following
conditions;;
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planning their projects as well as in
determining the environment's impact on
their
project.
c. Project proponents are responsible for
determining and disclosing all relevant
information necessary for a methodical '
assessment of the environmental impacts
of their projects;
d. The review of the EIS by EMB shall be
guided by three general criteria: (1) that
environmental
considerations
are
integrated into the overall project
planning, (2)
that the assessment is technically sound
and proposed
environmental mitigation, measures are
effective, and (3) that , social
acceptability is based on informed public
participation;
e. Effective regulatory review of the EIS
depends largely on timely full; and
accurate
disclosure
of
relevant:
information by project proponents and,
other
stakeholders in the EIA process
f. The social acceptability of a project is a
result of meaningful public participation,
which shall be assessed as part of the
Environmental Compliance Certificate
(ECC) application, based on concerns
related to the project's environmental
impacts;
g. The timelines prescribed by this Order,
within which an Environmental Compliance Certificate must be issued, or
denied, apply only to processes and
actions
within
the
Environmental
Management Bureau's (EMB) control and
do
not include actions or activities that are
the responsibility of the proponent.
ARTICLE
1V
Section
16.
Fines,
Penalties And Sanctions
The EMB Central Office or Regional Office
Directors shall impose penalties upon
persons or entities found violating
provisions
of
P.D.
1586,
and
its
Implementing Rules and Regulations.
Details of the Fines and Penalty Structure
shall be covered by a separate order.
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4.
EXECUTIVE
ORDER
January 12, 1996
NO.
291
IMPROVING
THE
ENVIRONMENTAL
IMPACT STATEMENT SYSTEM
SEC. 3.Establishment
of
In-house
Environmental Units in All Implementing
Agencies.
Consistent with Section 4 (Environmental
Impact Statements) of PD 1151 and upon
approval of the Department of Budget and
Management,
National
Government
agencies,
government-owned
and
-controlled corporations (GOCCs) and
government financial institutions (GFIs)
are encouraged to create their respective
environmental units (EUs). However, all
agencies, whose mandate includes the
introduction of physical plants and
infrastructure, are required to create their
respective EUs. The costs attendant to the
establishment of these units shall be
within the respective approved budgetary
ceilings of the concerned agencies,
corporations, and institutions.
The functions of the above-mentioned
units are as follows:
i.
The EUs of national government
agencies and GOCCs shall assist in the
preparation of EIS, ensure that their
respective agencies/GOCCs meet the
procedural requirements of the EIS
System, facilitate the securing of the ECCs
of their respective projects and, upon
securing the ECC, shall ensure the
project's compliance with the conditions of
the ECC.
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ii.
The EUs of the GFIs shall ensure
that loan or related funding applications of
government and private institutions have
complied with the EIS System.
The Department of Environment and
Natural Resources (DENR) and the
Environmental Management Bureau (EMB)
shall monitor compliance with the ECC,
and be in-charge of the formulation,
dissemination and enforcement of policies
on
environmental
standards
and
compliance monitoring.
SEC. 4.Continuous Strengthening of the
Environmental
Impact
Assessment
Capability of the DENR.
The importance of environmental impact
assessment
in
pursuing
balanced
economic growth will have to be
supported by continuing efforts to further
upgrade DENR-EMB's and DENR Regional
Office's capabilities to undertake fast and
efficient review of EIS. These efforts shall
include but are not limited to the
Declaration of
Critical
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