1. The Philippine Environmental Impact Statement System (PEISS)

2. Outline of Presentation
Legal Framework of the PEISS
Overview of the PEISS
Public Participation in the EIA Process
Multi-stakeholder Monitoring Team (MMT)
Success Stories
Challenges

3. Legal Framework of the PEISS
Presidential Decree (PD) 1586 (1978)
Presidential Proclamation No (1981) and No. 803
DENR Administrative Order No. 37 (1996)
Presidential Administrative Order No. 42 (2002)
DENR Administrative Order No. 30 (2003) including its REVISED PROCEDURAL MANUAL
PD 1586 established the Philippine Environmental Impact Statement System and introduced the requirement of an Environmental Compliance Certificate (ECC) for Environmentally Critical Projects (ECPs) and projects located within Environmentally Critical Areas (ECAs). Also, it vested upon the President or his duly authorized representative the issuance or denial of an ECC and tasked the former National Environmental Protection Council (NEPC), which is now the DENR pursuant to Executive Order No. 192, the review & evaluation of all Environmental Impact Assessment (EIA) reports for ECC applications.
Proc. Nos & 803 enumerates the original 4 ECPs and 12 ECA categories.
- DAO revised & strengthen the 1992 rules and regulations (IRR) for the implementation of the PEISS. It was promulgated to ensure that environmental considerations are incorporated at the earliest possible stage of project development; to further streamline the current EIA procedures in order to improve its effectiveness as a planning, regulatory, and management tool and enhance maximum public participation in the EIA process to validate the social acceptability of the project or undertaking.
AO 42 rationalized the implementation of the PEISS and gave authority, in addition to the Secretary of the DENR, to the Director and Regional Directors of the EMB to grant or deny the issuance of ECCs. It also streamlined the ECC application processing and approvals procedures. Now, there is an automatic approvals process for ECC application wherein within a prescribed period and the DENR fails to issue or deny the ECC, provided all requirements are present, the application shall be approved.
DAO is the IRR for AO 42 & PD 1586 in general. It updated the project categories, procedural requirements and approvals process for ECC application. It made the PEISS more responsive to the demands & need of project proponents and various stakeholders.

4. Philippine Policies Governing the Implementation of the PEISS
1987 Philippine Constitution
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.
AO Optimum economic development shall be achieved without delay and shall be pursued to ensure that the present generation meets its needs w/o compromising the needs of the future generations
PD 1586
To attain and maintain an orderly balance
between socio-economic growth and environmental protection
The 1987 Phil. Constitution provides the basic framework for the policy on the environment and this is…
In implementing this policy, the DENR, thru Executive Order No. 192 is designated the primary government agency responsible for the conservation, management, development and proper use of the country’s environment & natural resources. The EMB, on the other hand, is specifically tasked to recommend rules and regulations for EIA & provide technical assistance for their implementation and monitoring.
Pursuant to PD 1586, it aims to… , while AO 42 states that …
These laws likewise provide the legal requirements in the implementation of the Phil. EIS System.

5. Overview of the PEISS Environmental Impact Statement System
the entire process of organization, administration, and procedures institutionalized for purpose of assessing the significance of the effects of any project or undertaking on the quality of the physical, biological and socio-economic environment, and designing appropriate preventive, mitigating and enhancement measures.
DAO defines the Environmental Impact Statement System as …
The EIS System covers all proposed projects and undertakings as defined under specific laws of all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities, which significantly affect the quality of the environment to undergo the EIA process.

6. Overview of the PEISS Key Operating Principles
Assessment of the direct and indirect impacts of the project on the biophysical and human environment
Addressing project impacts by appropriate environmental protection and enhancement measures
Responsibility of project proponents in determining and disclosing all relevant information necessary for a methodical assessment of environmental impacts of the project
These are the key operating principles in the implementation of the EIS System.
Effective implementation of the system depends not only on EMB actions and control but, largely on the timely, full, and accurate disclosure of relevant information by project proponents and other stakeholders in the EIA process.
Also, social preparation shall be the responsibility of the project proponent. And it must be a result of a meaningful public participation.

7. Overview of the PEISS General Criteria in the Review of EIA Reports
Integration of environmental considerations into the over-all project planning
Assessment is technically sound and proposed environmental mitigation measures are effective
Social acceptability is based on informed public participation
- These criteria are important principles in the EIS System. These are the guidelines used by the EMB in the review and evaluation of all EIA reports for ECC application.

8. Environmental Impact Assessment
The process of predicting the likely environmental consequences of implementing a project and designing appropriate preventive mitigating and enhancement measures
The EIA is designed to assist planning and to guide decision-making. The process aims to provide useful information to decision-makers, which are the proponent and the government at the appropriate time in the project cycle.
Accordingly, the EIA offers an integrated approach for preventing environmental problems and, therefore, an effective instrument in environmental management. It contributes to the acceptance of integrated environmental management by providing the decision-makers with an integrated picture of the environmental consequences of a proposed activity & its alternatives.

9. Real Purpose of EIA
To enhance planning and guide decision-making for the proponent/ applicant and the EMB
The real value of the EIA Process is in the reduction of adverse environmental impact as a result of incremental decision making before a proposed action reaches final decision-making on whether it should be allowed to proceed or not

10. EIA Process within the Project Cycle
Detailed assessment, Identification of mitigation needs, inputs to CBA
Findings and recommendations of EIA considered in various permits and licenses needed
Site selection, envi screening, initial assessment, scoping
Pre-feasibility - -
Feasibility
Detailed design of mitigation measures
- The EIA study determines the environmental impacts of the project and provides recommendations/ guidance at various stages of the project cycle. During the Feasibility Study (FS) stage, the Proponent defines its range of actions and consider project alternatives, thus, it is the most ideal stage in the project cycle wherein the EIA study has added value. Proponents are in fact directed under AO 42 to conduct simultaneously the environmental impact study and the project planning or Feasibility Study (FS).
- As may be seen in the figure, between the Project Concept and Pre-Feasibility Stages of the project cycle, EIA-related activities include self-screening to determine if project is covered by the Philippine EIS System. At this stage, the Proponent undertakes an initial rapid site and impact assessment to determine the criticality of the project location and have an initial scope of key issues. During the preparation of the project FS, the Proponent initiates the detailed environmental impact assessment. It is at this stage when the formal EIA application is initiated, wherein positive review and evaluation of the submitted EIA documentation results to the issuance of a DENR decision document containing the Proponent’s commitments and other requirements for the Proponent to comply with existing environmental regulations and environmental best practices. After which, the project’s Detailed Engineering Design (DED) stage, which is post-ECC, the generic measures identified during the EIA study at the FS stage will now be detailed based on the project facility design and operational specifications. Additional baseline monitoring may also be required prior to construction or implementation of the project to provide a more substantive basis for defining the environmental management and monitoring plans. Then, upon initiation of Project Construction/Development/Operations and throughout the project lifetime, environmental mitigation measures are fully implemented, and monitoring of the Proponent’s environmental performance is continuously done. Major improvements may need new formal applications for DENR approvals, which shall then be related to previous approvals for an integrated environmental management approach of the project.
Project Conceptualization/
Improvement
Detailed Engineering & Design
Implementation of mitigation measures
Project Construction
& Development
Operation & Maintenance
Monitoring and Evaluation of Environmental Performance

11. Overall Environmental Impact Assessment Process
PROJECT PROPONENT
EMB DENR
SCREENING
Review and Evaluation:
EIARC Review
Public consultation /hearing
Site inspection
SCOPING
Determines if EIS is Complete
EIA STUDY:
Baseline Study
Impact Identification
Impact Prediction and Evaluation
Decision Making
This diagram basically outlines the responsibilities of the project proponent and the EMB in the EIA process.
As discussed earlier, the project cycle and the EIA process complements each other because each stage in the project cycle corresponds to a step in the EIA process, which are primarily carried out by the project proponent & the EMB.
MONITORING AND POST AUDIT
IMPACT MITIGATION AND PREPARATION OF ENV. MGT. PLAN
EIA DOCUMENTATION and PRESENTATION OF RESULT

12. Public Participation in the EIA Process (1992 Kuala Lampur Declaration of the ASEAN)
- Process through which the stakeholders influence and share control over priority setting, policy-making, resource allocations and access to public goods and services
As stated, public participation is a significant concept in the EIA process. As provided for in several DENR Administrative Orders implementing the EIS System, it must be considered at the earliest possible time during project cycle.
It is because the environment involves not only the biophysical but also the socio-economic dimension of a proposed development. People are part of the environment and are often the subject of or directly affected by projects or undertakings.
Hence, public participation becomes crucial in making decisions that affect people’s lives & their environment.
The EIA process emphasizes the importance of public participation because it recognizes that people possess intimate knowledge about their environment; have needs and aspirations for socio-economic upliftment; & are recipients of benefits &/or environmental stress arising from these projects or undertakings.

13. Public Participation in the EIA Process
Salient Features of Participation
Joint Dialogue
Active process
People involvement
People empowerment
Public participation is the most effective process to determine social acceptability of a project or undertaking. It is a voluntary process in which people, including marginal groups, come together with project authorities to share, negotiate, & control the decision-making process in project design & management.
In the Philippines, public participation has the following features:
It is a process of joint dialogue because it allows information exchange between the proponent & stakeholders resulting to transparency.
It is an active process because the parties involved influence the direction & execution of project development.
It allows for people involvement in the decision-making process and project implementation as well as in monitoring and evaluation of project.
It involves transferring of power to people enabling them to negotiate with development delivery systems and deciding and acting on what is essential to their development.

14. Public Participation in the EIA Process
Tools/Techniques of Public Participation
Social preparation
Scoping
Information, Education & Communication (IEC) Campaigns
Public Consultation or Public Hearing (for environmentally critical projects)
Multi-stakeholder Monitoring Team (MMT) formation
Complaint resolution
Under the EIA process, public participation may be achieved through these means.
In social preparation, affected communities are informed and made aware of the EIA process and the project while their insights, perceptions and suggestions about the project are made known to the project proponent or developer.
In scoping activities, the inputs from representations of all sectors are required to determine the coverage, depth, and scope of the EIA as well as to ensure that their concerns & rights are considered & protected in the project.
The conduct of IEC campaigns is an effective tool in encouraging public participation. It is not limited only to mere information dissemination but includes activities & methods that may provide feedback to the proponent about the communities’ understanding of the EIA process and acceptance of the project.
During public consultation, people who may be directly or indirectly affected by the project are gathered in order that their opinion or concerns about the project are considered. This is usually initiated by the proponent during pre-scoping and scoping stages.
Public consultation, however, is a formal process initiated, planned & conducted by the DENR-EMB. It is designed to promote a dialogue or communication between and among the project proponent, the DENR-EMB and the public regarding the project.
Also, there is public participation in complaint resolution. The community is more involved in this process because of environmental concerns and issues they are experiencing, had experienced or might experience with the project.

15. Public Participation in the EIA Process
Opportunities in Public Participation
Improves decision-making
Provides added sources of expertise
Reduces level of misinformation and distrust
Empowers the citizens to take responsibility in environmental protection
Gives the people a voice to air their concerns and promote their active involvement in planning

16. Public Participation in the EIA Process
In this diagram, it is shown that public involvement in the EIA process starts during the EIA study scoping, then in the preparation of EIA report by the project proponent. Upon submission of the ECC application to the DENR-EMB, public involvement is again sought during the review & evaluation of said report for ECC processing & approval. Lastly, the public is likewise largely involved in the monitoring and evaluation initiated either by the DENR-EMB, the MMT & other monitoring groups.
DENR EMB Driven
Proponent driven
Proponent Driven but outside the EIA process as requirements are under the mandate of other entities
Public Involvement usu. Begins at scoping but may occur at any stage of the EIA process

17. Multi-Stakeholder Monitoring Team (MMT)
A multi-sectoral team convened for the primary purpose of monitoring compliance by the proponent with the ECC, the Environmental Management Plan (EMP) and applicable laws, rules and regulations.
All projects covered by the PEISS and issued with ECCs are basically required to establish MMT.
Monitoring by the MMT is only one of the ways of monitoring projects’ environmental performance. It may be done either by proponent himself through self-monitoring or by a third party audit like adoption of the Environmental Management System (EMS).

18. Multi-Stakeholder Monitoring Team
Functions of the MMT
Monitor compliance with the Environmental Management Plan (EMP) and conditions in the ECC
Prepare the MMT Manual of Operations (MOO), work & financial plans, etc.
Receive complaints/request from public-at-large
Prepares Compliance Monitoring & Verification Report (CMVR)
Monitor implementation of IEC plans/programs and social development program

19. Multi-Stakeholder Monitoring Team
Composition of the MMT
Local Government Units
Affected Community
NGO/POs Representatives
Other Government Agencies
Academe
Church Groups
Sectoral groups representing women, youth, farmers, fisherfolks and other marginalized groups
Others as identified in the scoping process
Before, the DENR-EMB chairs the MMT. However, with the new guidelines, DENR-EMB is now a non-member to avoid bureaucracy and graft & corruption among DENR-EMB employees.
In the new guidelines, LGU representative/s shall serve as leader of the MMT. It is suggested that the Environmental Unit of the concerned LGU heads the MMT.
Other members of the MMT are…

20. Multi-Stakeholder Monitoring Team
MMT Non-members
Project Proponent
Provides funds for MMT operations
Regularly inform MMT about project development; monitoring results
Respond to complaints
EMB and DENR
Initiate, assist and supervise the formation of MMT and oversee its operations
Update the MMT on new policies;
-The EMB and the proponent are now non-members in order to uphold the independence of the MMT as a monitoring group. Their roles in the MMT are limited only to the following.
- The project proponent… while the EMB & DENR…

21. Multi-Stakeholder Monitoring Team
Roles and Responsibilities of Members
Be present or have a representative in all meetings and deliberation.
Initiate/attend meetings, community consultation, briefings and other forms of IEC dissemination to inform public of project activities and monitoring results
Suggest most effective means of disclosing information to the public as well as receive feedback/complaints from community

22. Multi-Stakeholder Monitoring Team
Structure of MMT
EXECOM: EMB, LGU Official or designated rep., Proponent
Functions:
- organize and supervise the activities of MMT
- approve and review work and financial plan
- manage the Environmental Management Fund (EMF)
- resolve issues arising from the monitoring activities

23. Multi-Stakeholder Monitoring Team
Structure of MMT
SECTORAL TEAM: all members
Functions:
- organize and carry out actual field monitoring
- prepare monitoring reports/CMVR
- advise the entire MMT on the need for additional monitoring activities

24. Multi-Stakeholder Monitoring Team
Structure of MMT
SECRETARIAT: Proponent, LGU representative & EMB representative
Functions:
- inform MMT members of the schedule of meetings, monitoring activities
- provide documentation of minutes of MMT meeting and monitoring results
- ensure safekeeping of MMT documents, materials and properties

25. Multi-Stakeholder Monitoring Team
MMT Fund Administrator
Any member of the MMT and cannot be the proponent and the EMB-DENR
In-charge of the Environmental Monitoring Fund
MMT Manual of Operations (MOO)
Serves as bible for MMT operations
MMT Code of Ethics
Ensures a common frame by which INTEGRITY of all members will be maintained
-Under the new guidelines, there is now an independent fund administrator who is neither the DENR-EMB nor the proponent. He/She may be any of the members of the MMT as chosen by the group but he/she must have proper authorization from his own group to become the fund administrator. This person handles the fund of the MMT, called the Environmental Management Fund (EMF) as given and allotted by the project proponent for the activities of the MMT. To ensure proper disbursement of the fund, the proponent and the DENR-EMB & the MMT group as witnesses signs a complementary agreement with the Fund Administrator.
- The MMT MOO is a document compiled by the members themselves specifying among others the Legal Basis for the creation of the MMT; its Mission-Vision & Objectives; General Functions; Organization; Activities; Records-keeping, etc. It basically outlines the formation of the MMT and the operationalization of the same.
- The MMT Code of Ethics is one significant addition in the handbook. It provides for the norms of ethical standards that shall govern the personal and professional conduct of MMT members to maintain the integrity of the EIS System and ensure objectivity in the monitoring and evaluation of the EIS & promote public interest. This is to be prepared by the members of the MMT in accordance with the general principles of good moral conduct & professional ethical standards.

26. Stories in Public Participation
MMT Cluster of SUBRA (Subic Bay Resorts Association)
Voluntary dismantling of hundreds of fishcages operating along Subic Bay by the operators themselves
Regular water quality monitoring of the bay by MMT members
Capacity-building for fishcage operators on proper aquaculture operation & protection of the waterbody

27. Stories in Public Participation
MMT of Intercity Ricemillers’ Association
Ricemill operators were issued NOV/CDO in cooperation with the LGU-Balagtas & Bocaue, Bulacan
TSP level significantly reduced
Ricemill operators installed air pollution control devices
LGU committed to temporarily stop issuance of business permits to ricemill operation in the area
Ricemill operators were given seminar & lectures on environmental laws and environmental management & protection

28. Stories in Public Participation
MMT for piggery operations in Pampanga and Tarlac
Rehabilitation of the waterbody used as discharge area for piggery operations in Tarlac
Violators were charged before the DENR-Pollution Adjudication Board (PAB) and operations were stopped
Long-term plan of relocation of piggery into an agro-industrial area (Pampanga)
Strict monitoring of environmental compliance of piggery operations
Improved operations of piggery

29. Water sampling activity by the MMT
Regular cleaning of settling ponds
Consultation meeting among MMT members
Construction of solid-liquid separator

30. Other concerned parties
MMT Formation(1996)
MOA
Execom
Sectoral
EMB, Proponent, LGU
Secretariat
All Members
Fund Administrator
Selected Members
Environmental Monitoring Fund
Environmental Guarantee Fund
MMT (2005)
MOA
MOO
Code of Ethics
LGU (Chair)
OGAs
NGO/POs
Other concerned parties
MMT non-members
EMB
Proponent
Fund Administrator
Environmental Monitoring Fund
Environmental Guarantee Fund

31. Thank You!
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