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DENR ADMINISTRATIVE ORDER NO.

30-03 o Geographic extent


o Magnitude, complexity
Implementing Rules and Regulations (IRR) for the Philippine Environmental o Likelihood duration frequency reversibility of impact
Impact Statement (EIS) System
CATEGORIES OF PROJECTS
POLICY ** required to secure ECC [submit Environmental Impact Statement)
• implement a systems-oriented and integrated approach to the EIS o CATEGORY A – causes negative environmental impacts**
system to ensure a rational balance between socio-economic o CATEGORY B- negative environmental impacts because
development and environmental protection for the bene t of present they are located in Environmentally Critical Areas (ECAs) **
and future generations. o CATEGORY C – directly enhance environmental
quality/address existing environmental problems not falling
SCOPE
under A and B ; secure Project Description
• only projects that pose potential significant impact to the envirnment
o CATEGORY D – unlikely to cause adverse environmental
shall be required to secure Environmental Clearance Certificates.
impacts ; secure CNC ;
• Issuance of ECC or CNC for a project under EIS does not exempt
the proponent (one who undertakes a project) from securing other
government permits and clearance required by law
• 2 FACTORS CONSIDERED
o nature of project and potential to cause negative envi impacts
o sensibility or vulnerability of environmental resources in
project area
• CRITERIA
o Size
o Cumulative nature of impacts vis-à-vis other projects
o Use of natural resources
o Generation of waste/ environment related nusance
o Environment- related hazards and risk of accidents
• LOCATION
o Vulnerability of the project area to disturbances
o Conformity with land use/ approved zoning or national laws
and regulations
o Abudance, quality and regenerative capacity; includes impact
absorptive capacity
• NATURE OF POTENTIAL IMPACT
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• REQUIREMENTS FOR SECURING ECC and CNC

Programmatic Environmental Impact Statement (PEIS) – a


documentation of comprehensive studies on environmental baseline
conditions of a contiguous area. It also includes an assessment of the
carrying capacity of the area to absorb impacts from co-located
projects such as those in industrial estates or economic zones (ecozones).

Environmental Impact Statement (EIS) – the document of studies on the


environmental impacts of a project including the discussions on direct and
indirect consequences upon human welfare and ecological and
environmental integrity. The EIS may vary from project to project but shall
contain in every case all relevant information and details about the
proposed project or undertaking, including the appropriate mitigating and
enhancement measures to address the identified environmental impacts

Initial Environmental Examination (IEE) Checklist Report Form – a


short and simplified checklist version of an IEE prescribed by the DENR

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and required to be filled up by proponents for describing the project’s resources) most significantly affected by the proposed action;
environmental impact and corresponding mitigation and enhancement
measures for non-environmentally critical projects located in an ECA. The e.Impact assessment focused on significant environmental impacts (in
DENR prescribes appropriate corresponding IEE Checklists for different relation to project construction/commissioning, operation and
projects with minimal and manageable impacts. decommissioning), taking into account cumulative impacts;

f.Environmental Risk Assessment if determined by EMB as necessary


Programmatic Environmental Performance Report and Management during scoping;
Plan (PEPRMP) – documentation of actual cumulative environmental
g.Environmental Management Program/Plan;
impacts of co-located projects with proposals for expansions. The
PEPRMP should also describe the effectiveness of current environmental h.Supporting documents, including technical/socio-economic data
mitigation measures and plans for performance improvement. used/generated; certificate of zoning viability and municipal land use plan;
and proof of consultation with stakeholders;
Environmental Performance Report and Management Plan (EPRMP) –
documentation of the actual cumulative environmental impacts and i.Proposals for Environmental Monitoring and Guarantee Funds including
effectiveness of current measures for single projects that are already justification of amount, when required; j.Accountability statement of EIA
operating. consultants and the project proponent; and
k.Other clearances and
documents that may be determined and agreed upon during scoping

Project Description (PD) – a standard documentation of the description
necessary to confirm non-coverage of Category D and Category C Projects INITIAL ENVIRONMENTAL EXAMINATION REPORT
as well as projects operating prior to 1982.
• IEE Report is similar to an EIS, but with reduced details of data and
depth of assessment and discussion.
NOTES:
• It may be customized for different types of projects under Category
ENVIRONMENTAL IMPACT STATEMENT
B. The EMB shall coordinate with relevant government agencies
contain at least the following:
and the private sector to customize and update IEE Checklists to
further streamline ECC processing, especially for small and medium
a.EIS Executive Summary;

enterprises.
b.Project Description;

c.Matrix of the scoping agreement identifying critical issues and concerns, PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT
as validated by EMB; a.Executive Summary;
b.Project Description;
c.Summary matrix of scoping agreements as validated by EMB;
d.Baseline environmental conditions focusing on the sectors (and d.Eco-profiling of air, land, water, and relevant people aspects;
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e.Environmental carrying capacity analysis; d.Detailed comparative description of the proposed project expansion
f.Environmental Risk Assessment (if found necessary during and/or process modification with corresponding material and energy
scoping); balances in the case of process industries, and IDCHTE
g.Environmental Management Plan to include allocation scheme for
discharge of pollutants; criteria for acceptance of locators, e.EMP based on an environmental management system framework and
environmental management guidebook for locators, and standard set by EMB.
environmental liability scheme;
h.Duties of the Environmental Management Unit to be PROJECT DESCRIPTION
a.Description of the project;
created;
i.Proposals for Environmental Monitoring & Guarantee
Funds and terms of reference for the Multi-partite Monitoring Team, b.Location and area covered;
and j.Other supporting documents and clearances that may be
agreed during the scopin c.Capitalization and manpower requirement;

d.For process industries, a listing of raw materials to be used, description


PROGRAMMATIC ENVIRONMENTAL PERFORMANCE REFPORT & of the process, or manufacturing technology, type and volume of products
MANAGEMENT PLAN and discharges;
The PEPRMP shall contain the following:
e.For Category C projects, a detailed description on how environmental
a.Project Description of the co-located projects; efficiency and overall performance improvement will be attained, or how an
existing environmental problem will be effectively solved or mitigated by the
b.Documentation of the actual environmental performance based on project, and
current/past environmental management measures implemented, and
f.A detailed location map of the impacted site showing relevant features
c.An EMP based on an environmental management system framework and (e.g. slope, topography, human settlements). g.Timelines for construction
standard set by EMB.
and commissioning

ENVIRONMENTAL PERFORMANCE REPORT AND MANAGEMENT
EMS BASED EMP
PLAN
The EMS-based EMP is an option that proponents may undertake in lieu of
a.Project Description;
the EPRMP for single projects applying for ECC under Category A-3 and
b.Baseline conditions for critical environmental parameters; B-3.

c.Documentation of the environmental performance based on the PUBLIC HEARING/ONSULATION REQUIREMENTS


current/past environmental management measures implemented;

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• For projects under Category A-1, the conduct of public hearing as corresponding cost of mitigation, EGF and EMF if required;
part of the EIS review is mandatory unless otherwise determined by
EMB. For all other undertakings, a public hearing is not mandatory e.Key bases for the decision on the ECC application.
unless specifically required by EMB.
• Proponents should initiate public consultations early in order to
DECISION DOCUMENT
ensure that environmentally relevant concerns of stakeholders are
• This is an offcial letter regarding the decision on the application. It
taken into consideration in the EIA study and the formulation of the
may be in the form of an Environmental Compliance Certificate or a
management plan.
Denial Letter.
• All public consultations and public hearings conducted during the
• The ECC
EIA process are to be documented. The public hearing/consultation
o contain the scope and limitations of the approved activities
Process report shall be validated by the EMB/EMB RD and shall
o conditions to ensure compliance with the Environmental
constitute part of the records of the EIA process.
Management Plan.
o specify the setting up of an EMF and EGF, if applicable.
DOCUMENTATION REQUIREMETNS FOR ENR-EMB AND AIA
o No ECC shall be released until the proponent has
REVIEWERS
settled all liabilities, fines and other obligations with
The EMB Central Of ce as well as the EMB Regional Of ces shall
DENR.
document the proceedings of the ECC application process and shall set up
and maintain relevant information management systems. The • A Denial Letter
documentation shall, at a minimum, include the following o specify the bases for the decision.

The ECC or Denial Letter shall be issued directly to the project


REVIEW PROCESS REPORT proponent or its duly authorized representative, and receipt of the
This is to be prepared by the EMB Central or EMB RO. It is to be forwarded letter shall be properly documented.
to the DENR Secretary or RD as reference for decision-making and
The ECC of a project not implemented within five years from its date
maintained as part of the records on the ECC application. The report
of issuance is deemed expired.
should contain at least the following:
• The Proponent shall have to apply for a new ECC if it intends to
a.Summary of the environmental impacts of the undertaking, along with the pursue the project.
proposed mitigation and enhancement measures; • The reckoning date of project implementation is the date of ground
breaking, based on the proponent's work plan as submitted to the
b.Key issues/concerns and the proponent's response to these;
 EMB.

c.Documentation of compliance with procedural ENVIRONMENTAL GUARANTEE FUND


requirements;
d.Acceptability of proposed EMP including the
• shall be established for all co-located or single projects that have
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been determined by DENR to pose a significant public risk or where
the project requires rehabilitation or restoration.
• An EGF Committee shall be formed to manage the fund.

ABANDONMENT

• For projects that shall no longer be pursued- the proponent


should inform EMB to relieve the former from the requirement for
continued compliance with the ECC conditions.
• For projects that have already commenced implementation -
an abandonment/decommissioning plan shall be submitted for
approval by EMB at least six (6) months before the planned
abandonment/decommissioning. The implementation of the plan
shall be verified by EMB.

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ENVIRONMENTAL LAW FINALS enterprises, including corporations, cooperatives, and similar collective
ATTY. GUTIERREZ organizations, shall be encouraged to broaden the base of their ownership.
Q&A
*some based on Agcoili book Section 2. All lands of the public domain, waters, minerals, coal, petroleum,
CONSTITUTIONAL PROVISIONS and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by
WHAT ARE THE CONSTITUTIONAL PROVISIONS RELATING TO the State. With the exception of agricultural lands, all other natural resources
ENVIRONMENTAL LAW? shall not be alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision of the State.
ART II, Sec 15 : the State shall protect and promote right to health of The State may directly undertake such activities, or it may enter into co-
the people and instill health conscious among them production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose
ART, II, Sec 16 : the State shall protect and advance the right of the people capital is owned by such citizens. Such agreements may be for a period not
to a balanced and healthful ecology in accord with the rhythm and harmony exceeding twenty-five years, renewable for not more than twenty-five years,
of nature and under such terms and conditions as may be provided by law. In cases
of water rights for irrigation, water supply fisheries, or industrial uses other
ART XII “ National Economy and Patrimony”
than the development of water power, beneficial use may be the measure
and limit of the grant.
Section 1. The goals of the national economy are a more equitable
distribution of opportunities, income, and wealth; a sustained increase in the
The State shall protect the nation’s marine wealth in its archipelagic waters,
amount of goods and services produced by the nation for the benefit of the
territorial sea, and exclusive economic zone, and reserve its use and
people; and an expanding productivity as the key to raising the quality of life
enjoyment exclusively to Filipino citizens.
for all, especially the underprivileged.
The Congress may, by law, allow small-scale utilization of natural resources
The State shall promote industrialization and full employment based on
by Filipino citizens, as well as cooperative fish farming, with priority to
sound agricultural development and agrarian reform, through industries that
subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
make full and efficient use of human and natural resources, and which are
competitive in both domestic and foreign markets. However, the State shall
The President may enter into agreements with foreign-owned corporations
protect Filipino enterprises against unfair foreign competition and trade
involving either technical or financial assistance for large-scale exploration,
practices.
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
In the pursuit of these goals, all sectors of the economy and all regions of
contributions to the economic growth and general welfare of the country. In
the country shall be given optimum opportunity to develop. Private
such agreements, the State shall promote the development and use of local
scientific and technical resources.
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The President shall notify the Congress of every contract entered into in ENVI LAWS
accordance with this provision, within thirty days from its execution.
EIS UNDERGO APPROVAL OF EIS ECC
Section 3. Lands of the public domain are classified into agricultural, forest
or timber, mineral lands and national parks. Agricultural lands of the public PD NO. 1151
domain may be further classified by law according to the uses to which they
WHAT IS REQUIRED TO BE PREPARED, FILED, AND INCLUDED IN
may be devoted. Alienable lands of the public domain shall be limited to
THE STATEMENT REQUIRED UNDER THE LAW?
agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not 1. Environmental impact of proposed action, project or undertaking
exceeding twenty-five years, renewable for not more than twenty-five years, 2. Any adverse environmental effect which cannot be avoided should
and not to exceed one thousand hectares in area. Citizens of the Philippines the proposal be implemented
may lease not more than five hundred hectares, or acquire not more than 3. Alternative to the proposed action
twelve hectares thereof, by purchase, homestead, or grant. 4. A determination that the short-term uses of the resources of envi are
consistent with maintenance and enhancement of long-term
Taking into account the requirements of conservation, ecology, and productivity
development, and subject to the requirements of agrarian reform, the
5. Whenever a proposal involves the use of depletable or non-
Congress shall determine, by law, the size of lands of the public domain renewable resources, a finding must be made that such use and
which may be acquired, developed, held, or leased and the conditions commitment are warranted
therefor.

ART 13, SEC 7 PD NO. 1586

Section 7. The State shall protect the rights of subsistence fishermen, DAO 2003-03 – implements PD No. 1586 ; sets up a system or procedure
especially of local communities, to the preferential use of the communal to determine when a project is required to secure an ECC and when it is not.
marine and fishing resources, both inland and offshore. It shall provide
support to such fishermen through appropriate technology and research, When an ECC is not required, the project proponent procures a Certificate
adequate financial, production, and marketing assistance, and other of Non-Coverage (CNC).
services. The State shall also protect, develop, and conserve such
resources. The protection shall extend to offshore fishing grounds of 2 TYPES OF ENVIRONMENTAL CRITICAL PROJECTS
subsistence fishermen against foreign intrusion. Fishworkers shall receive a 1. ECA – Environmental critical area –area delineated as environmentally
just share from their labor in the utilization of marine and fishing resources. sensitive such that significant environmental impacts are expected if certain
types of proposed projects or programs are located, developed or
implemented in it.

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2. ECP – Environmentally critical project - project or program that has determining the focused Terms of Reference of the EIA Study.
high potential for significant negative environmental impact. Scoping is done to identify the issues/impacts of a proposed project
and tries to evaluate how to mitigate such impacts. It is done with the
WHAT IS AN ENVIRONMENTAL IMPACT ASSESSMENT? local community through Public Scoping and with a third party EIA
Review Committee (EIARC) through Technical Scoping. A Formal
Environmental Impact Assessment (EIA) — process that involves evaluating Scoping Checklist by the review team with the approval of
and predicting the likely impacts of a project (including cumulative impacts) Environmental Management Board (EMB) Chief.
on the environment during construction, commissioning, operation and 3. EIA STUDY
abandonment. It also includes designing appropriate preventive, mitigating a. Procedural screening for compliance with minimum
and enhancement measures addressing these consequences to protect the requirements specified in SCOPING
environment and the community's welfare. The process is undertaken by, b. Review by third party experts
among others, the project proponent and/or EIA Consultant, EMB, a Review 4. REVIEW OF EIA REPORTS
Committee, affected communities and other stakeholders. 5. DECISION MAKING – evaluation of EIA recommendations and draft
decision document (ECC)
WHAT IS AN ENVIRONMENTAL COMPLIANCE CERTIFICATE?
6. MONITORING, VALIDATION, AND EVALUATION/AUDIT –
A document issued by the DENR/EMB after a positive review of an ECC assesses performance of Proponent against the ECC and its
application, certifying that based on the representations of the proponent, commitments in the Environmental Management and Monitoring
the proposed project or undertaking will not cause significant negative Plans to ensure actual impacts of the project are adequately
environmental impact. The ECC also certifies that the proponent has prevented or mitigated
complied with all the requirements of the EIS System and has committed to
WHAT IS THE NATURE OF AN EIA?
implement its approved Environmental Management Plan. The ECC
contains specific measures and conditions that the project proponent has to It is a process that involves the evaluating, predicting the likely impacts of a
undertake before and during the operation of a project, and in some cases, project (including accumulative impacts) on the environment during
during the project's abandonment phase to mitigate identified environmental construction, commissioning, operation, and abandonment.
impacts.
IS THE SIGNING OF THE STATEMENT OF ACCOUNTABILITY
NATURE AND STAGES OF ENVIRONMENTAL IMPACT ASSESSMENT NECESSARY FOR THE VALIDITY OF THE ECC?
[EIA] Yes. The signing of the Statement of Accountability is an integral and
significant component of EIA process and ECC to bind the project proponent
FIRST 3 STEPS – DUTY OF PROPONENT;
to the ECC conditions, which will ensure that the project will not cause
LAST 3 STEPS – DUTY OF EMB / DENR/ LGU
significant negative environmental impacts by the “implementation of
1. SCREENING – determination whether the project is covered by
specified measures which are necessary to comply with existing
PEISS or not.
environmental regulations/operate within the best environmental practices
2. SCOPING – Proponent-driven multi sectoral formal process of
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not currently covered by existing laws. the project or project area is classified as critical to the environment based
on evidence submitted by application.
ARE PRIOR PUBLIC CONSULTATION AND APPROVAL OF LGUs FOR
NATIONAL GOVT PROJECTS REQUIRED?

Yes. Under Secs 261 and 272 of the Local Government Code.The court noted IS A CERTIFICATE OF NON-OVERLAP (CNO) UNDER SEC. 59 OF IPRA
that under the Local Government Code, 2 requisites must be met before a LAW, A PRECONDITION TO THE ISSUANCE OF THE ECC?
national project that affects the environmental and ecological balance of local NO. See Paje v Casiño ruling below.
communities can be implemented ;
1. Prior consultation with the affected local communities and CASE DOCTRINES
2. Prior approval of the project by the appropriate sanggunian.
Absent either of these mandatory requirements, the project’s UNDURAN v ABERASTURI
implementation is illegal. Local government units cannot therefore be • Locus standi is defined as a right of appearance in a court of justice
deemed as outside the scope of the EIS system. (boracay on a given question. In private suits, standing is governed by the "real
foundation) parties in interest" The nature of an action, as well as which court or
body has jurisdiction over it, is determined based on the allegations
WHAT DOCUMENTARY REQUIREMENTS FOR ECC APPLICATIONS contained in the complaint... of the plaintiff, irrespective of whether or
FOR PROJECTS WITHIN ECAs ARE NEEDED? not the plaintiff is entitled to recover upon all or some of the claims
Under DAO 96-37, an ECC applicant for a project located within an asserted therein. Once vested by the allegations in the... complaint,
environmentally critical area is required to submit an Initial Environmental jurisdiction also remains vested irrespective of whether or not the
Examination, which must be contain a brief description of the environmental plaintiff is entitled to recover upon all or some of the claims asserted
setting and documetnation of consultative process when appropriate. therein.
• "[15] Section 3 (f) of the IPRA defines customary laws as a body of
IS THE ISSUANCE OF ECC/CNC MINISTERIAL/DISCRETIONARY? written and/or unwritten rules, usages, customs and practices
Discretionary. The grant or denial of the application is subject to the traditionally and continually recognized, accepted and observed by
discretion by the EMB Director or Regional Director who determines whether respective ICCs/IPs. From this restrictive definition, it can be gleaned

1
Section 26. Duty of National Government Agencies in the Maintenance of community in terms of environmental or ecological balance, and the measures that
Ecological Balance. - It shall be the duty of every national agency or government- will be undertaken to prevent or minimize the adverse effects thereof.
2
owned or controlled corporation authorizing or involved in the planning and Section 27. Prior Consultations Required. - No project or program shall be
implementation of any project or program that may cause pollution, climatic change, implemented by government authorities unless the consultations mentioned in
depletion of non-renewable resources, loss of crop land, rangeland, or forest cover, Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian
and extinction of animal or plant species, to consult with the local government units, concerned is obtained: Provided, That occupants in areas where such projects are
nongovernmental organizations, and other sectors concerned and explain the goals to be implemented shall not be evicted unless appropriate relocation sites have been
and objectives of the project or program, its impact upon the people and the provided, in accordance with the provisions of the Constitution.
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that it is only... when both parties to a case belong to the same ICC/IP • Republic Act No. 8371; National Commission on Indigenous
that the abovesaid two conditions can be complied with. If the parties Peoples; The limited jurisdiction of the National Commission on
to a case belong to different ICCs/IPs which are recognized to have Indigenous Peoples (NCIP) is concurrent with that of the regular trial
their own separate and distinct customary laws and Council of courts in the exercise of the latter’s general jurisdiction extending to
Elders/Leaders, they... will fail to meet the abovesaid two conditions. all controversies brought before them within the legal bounds of rights
• The same holds true if one of such parties was a non-ICC/IP member and remedies. The appellate court was likewise in error in upholding
who is neither bound by customary laws as contemplated by the the NCIP’s primary jurisdiction over all claims and disputes involving
IPRA nor governed by such council. Indeed, it would be violative of rights of ICCs/IPs and all cases pertaining to the implementation,
the principles of fair play and... due process for those parties who do enforcement, and interpretation of R.A. 8371. To reiterate Lim v.
not belong to the same ICC/IP to be subjected to its customary laws Gamosa, 775 SCRA 646 (2015), the limited jurisdiction of the NCIP
and Council of Elders/Leaders. parties belonging to different ICC/IPs is concurrent with that of the regular trial courts in the exercise of
or where one of the parties is a non-ICC/IP, the case shall fall under the latter’s general jurisdiction
the jurisdiction of the proper Courts of Justice, instead of the NCIP.
• GR: the NCIP does not have jurisdiction over a case if one of the
parties is not a member of the tribe • Ancestral lands are lands occupied, possessed and utilized by
o EXCS: 1: Claims over boundary disputes 2. fraudulent claims individuals, families and clans who are members of the Indigenous
by parties who are not members of the same ICC/IP Cultural Communities (ICCs)/Indigenous Peoples (IPs) since time
immemorial.—Indeed, “ancestral lands are lands occupied,
• There are, however, exceptional cases where the NCIP shall still possessed and utilized by individuals, families and clans who are
have jurisdiction over such claims and disputes even if the parties members of the ICCs/IPs since time immemorial, by themselves or
involved do not belong to the same ICC/IP, viz.:... conflicting claims through their predecessors-in-interest, under claims of
among ICCs/IPs on... the boundaries of ancestral domain claims,... individual or traditional group ownership, continuously, to the
fraudulent claims by parties who are not members of the same present x x x.” Thus, the claim of petitioner that when land is
ICC/IP, to wit: Considering the general rule that the jurisdiction of the purchased, it is no longer within the ambit of ancestral land/domain,
NCIP under Section 66 of the IPRA covers only disputes and claims is devoid of merit.
between and among members of the same ICCs/IPs involving their
BORACAY FOUNDATION
rights under the IPRA, as well as the basic administrative law
principle that an... administrative rule or regulation must conform, not • The DENR is the government agency vested with delegated powers
contradict the provisions of the enabling law "[J]urisdiction over a to review and evaluate all EIA reports and grant or deny ECCs to
subject matter is conferred by the Constitution or the law and rules of project proponents. It is the DENR that has the duty to implement the
procedure yield to substantive law. EIS System

• The court stressed the need for the Philippne Reclamation Authority
BEGNAEN v CALIGTAN to seek prior consultation with the affected local communities and
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prior approval by the appropriate sanggunian of the proposed
reclamation project in Caticlan, Aklan. The project involved the • A party, therefore, who invokes the writ based on alleged defects or
reclamation of land that is more than five times the size of the original irregularities in the issuance of an ECC must not only allege and
reclaimed land. Thus, any impact on the Boracay side cannot be prove such defects or irregularities, but must also provide a causal
totally ignored, as Caticlan and Boracay are separated only by a link or, at least, a reasonable connection between the defects or
narrow strait. This becomes more imperative because of the irregularities in the issuance of an ECC and the actual or threatened
significant contributions of Boracay’s white-sand beach to the violation of the constitutional right to a balanced and healthful ecology
country’s tourism trade, which requires respondent province to of the magnitude contemplated under the Rules. Otherwise, the
proceed with utmost caution in implementing projects within the petition should be dismissed outright and the action re-filed before
vicinity. the proper forum with due regard to the doctrine of exhaustion of
administrative remedies.
• The court noted that under the Local Governmen Code, 2 requisites
must be met before a national project that affects the environmental • In the case at bar, no such causal link or reasonable connection was
and ecological balance of local communities can be implemented ; shown or even attempted relative to the aforesaid second set of
Prior consultation with the affected local communities and allegations. It is a mere listing of the perceived defects or
Prior approval of the project by the appropriate sanggunian. irregularities in the issuance of the ECC. The appellate court correctly
Absent either of these mandatory requirements, the project’s ruled that the Casino group FAILED to substantiate its claims that the
implementation is illegal. Local government units cannot therefore be construction and operation of the power plant will cause
deemed as outside the scope of the EIS system. environmental damage of the magnitude contemplated under the writ
of kalikasan. On the other hand, RP Energy presented evidence to
PAJE v CASINO establish that the subject project will not cause grave environmental
• The parties may raise questions of fact on appeal on the issuance of damage through its environmental management plan which will
a writ of Kalikasan because the Rules on the Writ of kalikasan (Rule ensure that the project will operate within the limits of existing
7, Section 16 of the Rules of Procedure for Environmental Cases) environmental laws and standars.
allow the parties to raise, on appeal, questions of fact — and, thus,
constitutes an exception to Rule 45 of the Rules of Court — because OTHER ISSUES:
of the extraordinary nature of the circumstances surrounding the • CA erred in invalidating the ECC on the ground of lack of signature
issuance of a writ of kalikasan . of Mr. Abolitz in the ECC’s statement of accountability relative to the
copy of the ECC submitted by RP Energy to the CA. The
• The validity of an ECC can be challenged via a writ of Kalikasan circumstance of the case show that the DENR and RP Energy were
because such writ is principally predicated on an actual or threatened not properly apprised of the issue of lack of signature in order for
violation of the constitutional right to a balanced and healthful them to present controverting evidence and arguments on this point,
ecology, which involves environmental damage of a magnitude that as the issue only arose during the course of the proceedings upon
transcends political and territorial boundaries
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clarificatory questions from the CA. CA erred when it ruled that This case, however, has a special and novel element. Petitioners
the first and second amendments to the ECC were invalid for failure minors assert that they represent their generation as well as
to comply with a new EIA and for violating DAO 2003-30 and the generations yet unborn. We find no difficulty in ruling that they can,
Revised Manual. for themselves, for others of their generation and for the succeeding
• DENR reasonably exercised its discretion in requiring an ERMP and generations, file a class suit. Their personality to sue in behalf of the
a PDR for the first and second amendment respectively. Through succeeding generations can only be based on the concept of
these documents which the DENR reviewed, a new EIA was intergenerational responsibility insofar as the right to a balanced and
conducted relative to the proposed project modifications. No healthful ecology is concerned. Such a right, as hereinafter
showing of grave abuse of discretion or patent illegality. CA erred expounded, considers the "rhythm and harmony of nature.”
when it invalidated ECC for failure to comply with sec 59 of the IPRA
Law .
• The ECC is not the license or permit contemplated under sec 59.
There is no necessity to secure the Certificate of Non Overlap (CNO)
under sec 59 before and ECC may be issued and the issuance of
athe subject ECC without first securing the aforesaid certification
does not render it invalid.
• CA erred when it ruled that compliance with sec 27 in relation to sec
26 of the LGC (approval of the concerned sanggunian requirement)
is necessary prior to issuance of the subject ECC) issuance of the
ECC does not, by itself, result in the implementation of the project.
Hence, there is no necessity to secure prior compliance with the
approval of the concerned sanggunian requirement and the
issuance of the subject ECC without first complying with the
aforesaid requirement does not render it invalid .

OPOSA v FACTORAN
• Art. II 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. = SELF-EXECUTORY PROVISION
• Petitioners' personality to sue in behalf of the succeeding generations
can only be based on the concept of intergenerational responsibility
insofar as the right to a balanced and healthful ecology is concerned.-

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