Environmental

Impact
Assessment

DPWH Regional Office XI

Planning and Design Division
 EIA Regulatory Framework

EIA in the Project Cycle

LIFESTYLE
BY SAWYER

OUTLINE Overview of EIA Process

Preparation of EIA Documents

Sanctions and Fees on ECC

Violations
Government Regulatory
Instruments
EIA REGULATORY
FRAMEWORK
EIA in the Philippines
PHILIPPINE CONSTITUTION OF 1987
Article II, Section 16 and 15

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; and to protect and promote the
people’s right to health
EIA in the Philippines
PRESIDENTIAL DECREE 1151
Philippine Environmental Policy, 1977

All agencies and institutions of the national government, including

government-owned and controlled corporation as well as private
corporations, firms & entities to prepare an Environmental Impact
Statement (EIS) for every action, project or undertaking which
significantly affects the quality of the environment
EIA in the Philippines
PRESIDENTIAL DECREE 1586

Section 4: No person, partnership or corporation shall

undertake or operate any such declared environmentally
critical project (ECP) or environmentally critical area (ECA)
without first securing an Environmental Compliance
Certificate (ECC)
EIA in the Philippines
PRESIDENTIAL PROCLAMATION 2146 (1981) &
PROCLAMATION NO. 803 (1996)

Proclaiming Certain Areas and Types of Projects as Environmentally

Critical and within the Scope of the Environmental Impact Statement
System Established Under Presidential Decree No. 1586
EIA in the Philippines
PRESIDENTIAL PROCLAMATION 2146 (1981) &
PROCLAMATION NO. 803 (1996)

Environmentally Critical Projects (ECP)

Heavy Non-ferrous metal industries, Iron & Steel

Industries mills, Petroleum & Petrochemicals
industries, smelting plants

Resource
Extractive Major Mining and Quarrying projects,
Industries forestry projects, fishery projects
EIA in the Philippines
PRESIDENTIAL PROCLAMATION 2146 (1981) &
PROCLAMATION NO. 803 (1996)

Environmentally Critical Projects (ECP)

Infrastructure MAJOR: dams, power plants, reclamation

Projects projects, roads and bridges

Golf Courses Construction, development, and/ or

Projects operation of golf courses
PRESIDENTIAL PROCLAMATION 2146 (1981) & PROCLAMATION NO. 803
(1996)
Environmentally Critical Areas (ECA)
1 Areas declared as parks, watershed and wildlife reserves,
sanctuaries

2 Areas set aside as aesthetic, potential tourist spots

3 Areas which constitute habitat for any endangered or

threatened species

4 Areas of unique historic, archeological, geological or

scientific interest
Areas which are traditionally occupied by cultural
5
communities or tribes

6 Areas frequently visited and or hard-hit by natural

calamities
PRESIDENTIAL PROCLAMATION 2146 (1981) & PROCLAMATION NO. 803
(1996)
Environmentally Critical Areas (ECA)
7 Areas with critical slope

8 Areas classified as prime agricultural lands

9 Recharged areas of aquifers

10 Water bodies

11 Mangrove Areas

12 Coral Reefs
EIA in the Philippines

EXECUTIVE ORDER NO. 291

• It requires the conduct of EIA simultaneously with the

Feasibility Study

• It directed all government Agencies to create an

environmental unit
 DENR Policies
DENR ADMINISTARTIVE ORDER 2003-30
REVISED PROCEDURAL MANUAL
Implementing Rules & Regulations of
PD 1586, Establishing the PEISS

• Promulgated the IRR for the Philippine EIS System; IRR consistent
with the principles of sustainable development to implement a
systems-oriented and integrated approach to the EIS System; and

• This can be downloaded at www.emb.gov.ph/eia.htm

 DENR Policies
EMB MEMORANDUM CIRCULAR 005-2014
REVISED GUIDELINES FOR COVERAGE SCREENING AND STANDRADIZED
REQUIRMENT

This Coverage Screening Guidelines is intended to provide

clearer and updated technical definitions of ECAs and
description of activities or undertakings that are projected to
have significant impacts to the environment and therefore
covered under the PEISS
 DENR Policies
DENR ADMINISTRATIVE ORDER 2017-15

Public Participation under the Philippine EIS system shall be required

for the entire EIA process from social preparation prior to scoping to
impact management and monitoring during project implementation/
abandonment.
 DENR Policies
EMB MEMORANDUM CIRCULAR EMB MEMORANDUM CIRCULAR
NO. 2020-30 NO. 2021-02
Interim Guidelines on Public Participation Adoption of Interim Protocols in the
in the Implementation of the Philippine Conduct of Remote Site Activities in the
Environmental Impact Statement System Implementation of all Laws under the
(PD 1586) during the State of National mandate of the Environmental
Public Health Emergency Management Bureau (EMB) During the
Covid-19 Pandemic
 DPWH Policies

DEPARTMENT ORDER NO. 57, s. 2016 DEPARTMENT ORDERNO. 116, s. 2018

Environmental Impact Assessment Tree Cutting and Earth-balling Permit

(EIA) for DPWH Infrastructure Projects Application Process and Requirements
and Tree Cutting Permit Application for DPWH Infrastructure Projects
 DPWH Policies

DEPARTMENT ORDER NO. 245, s. DPWH MEMORANDUM DATED 2018

2003
Implementation of the Social and Reiteration of Relevant Rules and Laws in
Environmental Management System the Identification of High-Hazard Areas
Operations Manual and No-Build Zones.
ENVIRONMENTAL IMPACT ASSESSMENT
EIA Definition
• The Process of:
Predicting Identifying Evaluating Mitigating IMPACTS
• The basis for deciding whether to proceed with the project,
abandon it, revise it, or pursue a different alternative given the
environmental and social costs, issues and/or consequences that it
has to contend with.
EIA IN THE
PROJECT CYCLE
 Findings and Detailed assessment,
recommendations of identification of
EIA considered in
PRE - mitigation needs
FEASIBILITY FEASIBILITY
various permits and
licenses needed

EIA in the Site selection,

Detailed envi screening,
design of DED Project PROECT
CONCEPTUALIZATION/
initial
assessment,
mitigation
measures Cycle IMPROVEMENT scoping

Implementation Monitoring, Validation

CONSTRUCTION & OPERATION & and Evaluation/ Audit
of mitigation
measures DEVELOPMENT MAINTENANCE of Environmental
compliance and over-
all performance
Source: DAO 2003-30
OVERVIEW OF
EIA PROCESS
 PROJECT SCREENING

LEGEND: EIA Required No EIA

Proponent
Driven
EIA STUDY SCOPING
DENR-EMB
Driven
P
Proponent EIA Study / Report preparation by Project Proponent U
Options as a requirement for ECC application B
L
Not Part of Change I
EIA Process Project C
plan / REVIEW & EVALUATION of EIA as facilitated
Public
Involvement Relocate by DENR-EMB
Project I
N
V
DENY ISSUE ECC w/ recommendations to other O
ECC L
entities w/ mandate on the project
V
E
M
Secure permits / clearances from other DENR Units &
E
Other GAs / LGUs N
T
Expansion / Project
modifications Implementation

ENVIRONMENTAL IMPACT MONITORING &

Source: DAO 2003-30 EVALUATION / AUDIT
 Define Proposal/ Alternatives

Screening

Scoping

EIA
Baseline Data Gathering

Impact Assessment

Formulation of Mitigating Measures

Process
Submission and Review of Report

Issuance of Decision Document

Monitoring
 1 Define Proposal/ Alternatives

• Identify alternative sites for the project,

alternative designs and operating process, and
environmental implications.

• Utilize Multi-Criteria Analysis in choosing the best

alignment
 2 Screening

• To determine whether a proposed project requires an

EIA or not

• Screening also determines what document type the

proponent will prepare and submit to EMB for ECC
application as well as the endorsing and decision
authorities.
2 Screening

The scale The The nature

and type location and
of the and magnitude
project sensitivity of potential
of the site impacts
 2 Screening

Description Projects classified as

environmentally critical projects
of Project CATEGORY (ECPs) under Presidential
Phase A Proclamation No. 2146 (1981),
Proclamation No. 803 (1996)

Required to secure ECC Environmental Document:

(Environmental Compliance Certificate) EIS
 2 Screening
Projects that are not classified as
Description environmentally critical projects (ECPs)
of Project CATEGORY under Category A, but which are
likewise deemed to significantly affect
Phase B the quality of the environment by
virtue of being located in
Environmentally Critical Area (ECA) as
declared under Proclamation No. 2146.
Required to secure ECC
(Environmental Compliance Certificate) Environmental Document:
EIS/IEEC
 2 Screening
Projects or undertakings not falling
under Category A and B which are
Description intended to directly enhance the
of Project CATEGORY quality of the environment

Phase C (Environmental Enhancement

Projects) or directly address
existing environmental problems.
Not required to secure ECC Environmental Document:
but may secure CNC PD
(Certificate of Non-Coverage)
 2 Screening

Projects or undertakings that are

Description deemed unlikely to cause
of Project CATEGORY significant adverse impact on the

Phase D quality of the environment

according to the parameters set
forth in the Screening Guidelines.
Not required to secure ECC
Environmental Document:
but may secure CNC
(Certificate of Non-Coverage) PD
DENR-EMB
Memorandum Circular
005, July 2014
Revised Guidelines for Coverage Screening and
Standardized Requirements
 May secure
Required to secure ECC
CNC
Project Size
Projects/ Description Category A: ECP Category B: Non-ECP Category D Parameters/
Remarks
PD
EIS EIS IEE Checklist
(Part 1 only)

ROADS AND BRIDGES

1.1 Roads NATIONAL ROAD: PROVINCIAL ROAD ALL TYPES OF
(new construction) and OTHER TYPES OF ROADS:
≥20.0 km, ROADS: >2 km but
(length with no ≥20.0 km, <20 km, (length
critical slope) (length with no critical with no critical
OR slope) OR slope) OR ≤ 2 km
≥10.0 km ≥10.0 km >2 km but
(length with (length with critical <10 km (length
critical slope) slope) with critical slope)

Project Name Description

Mauban – Atimonan Road Length: 15.0 km; provincial road; with no existing road; no critical slope

Abra – Cervantes Road Length: 46.542 km, municipal road; with no existing road; with critical slope

Panaytay Road Length: 1.41 km, with no existing road

 May secure
Required to secure ECC
CNC
Project Size
Projects/ Description Category A: ECP Category B: Non-ECP Category D Parameters/
Remarks
PD
EIS EIS IEE Checklist
(Part 1 only)

ROADS AND BRIDGES

1.2 Roads,
(widening, rehabilitation >50% increase in
and/or improvement) capacity (or in
>50% increase in terms of ≤50% increase
capacity (or in terms length/width) AND in capacity (or in
of length/width) AND >2 km but terms of
None ≥20.0 km (length with <20 km, length/width)
no critical slope) OR (length with no but ≤ 2 km
≥10.0 km (length with critical slope) OR increase in
critical slope) >2 km but length
<10 km (length
with critical slope)
 May secure
Required to secure ECC
CNC
Project Size
Projects/ Description Category A: ECP Category B: Non-ECP Category D Parameters/
Remarks
PD
EIS EIS IEE Checklist
(Part 1 only)

ROADS AND BRIDGES

1.3 Bridges and
viaducts (including __≤50 m__
elevated roads), new Regardless of
construction length for
≥10.0 km ≥5 km but <10.0 >50 m but <5.0 footbridges
km km or for
pedestrian
only

Project Name Description

Nonoyan Bridge Length: 3.0 km, with no existing bridge
Ova Bridge Length: 0.03 km, with no existing bridge
 May secure
Required to secure ECC
CNC
Project Size
Projects/ Description Category A: ECP Category B: Non-ECP Category D Parameters/
Remarks
PD
EIS EIS IEE Checklist
(Part 1 only)

ROADS AND BRIDGES

1.4 Bridges and
viaducts (including ≤50%
>50% increase
elevated roads), increase in
≥50% increase in in capacity (or
rehabilitation and/or capacity (or
capacity (or in in terms of
improvement in terms of
None terms of length/width)
length/width
length/width) OR but < total
) but ≤2 km
≥10 km length of 10
increase in
km length
 May secure
Required to secure ECC
CNC
Project Size
Projects/ Description Category A: ECP Category B: Non-ECP Category D Parameters/
Remarks
PD
EIS EIS IEE Checklist
(Part 1 only)

ROADS AND BRIDGES

1.5 Roads- flyover/
cloverleaf/ Regardless of
interchanges None None length and None
width

1.6 Pedestrian
passages

None None All underpass All overpass

projects projects
 May secure
Required to secure ECC
CNC
Project Size
Projects/ Description Category A: ECP Category B: Non-ECP Category D Parameters/
Remarks
PD
EIS EIS IEE Checklist
(Part 1 only)

BUILDINGS INCLUDING HOUSING, STORAGE FACILITIES AND OTHER STRUCTURES

3.1 All office and Total/gross
residential building such floor area
as motels, condominiums, including
SCHOOLS, etc. including >1 hectare but parking, open
storage facilities with no None ≥5.0 hectares ≤1 hectare space and
<5.0 hectare
hazardous or toxic other areas
materials
3 Scoping

The stage in the EIS System where information

and assessment requirements are established
to provide the proponent with the scope of
work for the EIA.
3 Scoping

Levels of Scoping
• Information & Education Campaign (IEC)
• Public Scoping with Community
• Technical Scoping with Review Team
4 Baseline Gathering

Serves as a basis for identifying possible

environmental and socio-economic
effects of the project
 4 Baseline Gathering
Land Use & Geology Oceanography
Hydrology
Classification
LAND WATER

Terrestrial Ecology Freshwater / Water Quality

Pedology
Components Marine Ecology

of Baseline Climatology Demographic Data

Physical /Cultural
Resources

Information AIR
Socioeconomic
PEOPLE

Air Quality Basic Services

Data
5 Impact Assessment

Systematic identification, prediction &

evaluation of environmental impacts
likely caused by the proposed action.
 5 Impact Assessment

To consider the four To consider impacts

environmental during each project
parameters: cycle:
• Land • Pre-construction Phase
• Water • Construction Phase
• Air/Noise • Operation and
• People Maintenance Phase
• Decommissioning Phase
 5 Impact Assessment
TYPES OF IMPACTS
POSITIVE NEGATIVE TEMPORARY PERMANENT
impact impact impact impact

DIRECT INDIRECT SHORT TERM LONG TERM

impact impact impact impact
 5 Impact Assessment
ENVIRONMETAL IMPACTS
Change in Habitat Occurrence of Noise,
Land Use Destruction Dust, Nuisance, etc.

Threat to
Water Waste Quarrying Health and
Discharges Generation Safety
6 Formulation of Mitigating Measures

Measures envisaged in order to avoid,

reduce and, if possible remedy
significant adverse effects
 6 Formulation of Mitigating Measures

EMP A summary matrix or list of

committed mitigation/
ENVIRONMENTAL enhancement measures and
MANAGEMENT monitoring actions, set to a timeline
PLAN with specific responsibility assigned
and follow-up actions
 6 Formulation of Mitigating Measures
Environmental Environmental

EMP
Project Parameter Measures
Potential Estimated
Phase (Land, Water, (Mitigating/ Responsible Entity
Impacts Cost
/Activities Air/Noise, Enhancement
People) Measure)
PRE-CONSTRUCTION PHASE
e.g. Clearing of People Displacement Preparation of PhP XXX DPWH. NHA.
ENVIRONMENTAL Right of way of affected
Household
Right-of-way
Action Plan;
LGU
payment of just
MANAGEMENT compensation

PLAN CONSTRUCTION PHASE

OPERATION AND MAINTENANCE
DECOMMISIONING PHASE
 7 EIA Report Preparation
It is a comprehensive study of the significant

EIS impacts of a project on the environment. The

EIS may vary from project to project but shall
contain in every case all relevant information
Environmental and details about the proposed project or
Impact Statement undertaking, including the environmental
impacts of the project and the appropriate
mitigating and enhancement measures.
 7 EIA Report Preparation

IEEC A short and simplified checklist version of

an EIS prescribed by the DENR and
required to be filled up by proponents for
Initial Environmental describing the project’s environmental
Examination impact corresponding mitigation and
Checklist enhancement measures for non-
environmentally critical projects
 7 EIA Report Preparation

PD A standard documentation of the

description necessary to confirm non-
coverage of Category D and Category C
Project Description Projects as well as projects operating prior
to 1982
Process Flow
&
Content of
EIA document
EIS
Environmentally Critical Projects (ECPs) &
Non-ECP (CATEGORY A and B)
Identify stakeholders and Conduct of Information Education
Campaign with the Stakeholders (KII, FGD, Perception Survey)

Conduct of Public Scoping with the

Community
Scoping Report Preparation and submission to
the DENR-EMB Conduct Public
Hearing (PH) with
Conduct of Technical Scoping with the the Community
Review Team

Environmental Impact Assessment

(Baseline Data Gathering, Impact
Assessment, Formulation Mitigating Measures) Submission of Additional Information (AI) to DENR- EMB

Report Preparation
(Writing of EIS) Submission of EIARC Report by the Review Team to the EIAM
Division, DENR-EMB
Submission of EIS and EIS Summary for the
Public for Procedural Screening Review by the Endorsement and Recommendation by the DENR-EMB
DENR-EMB
YES NO Issuance of Decision Document (ECC/ Denial Letter)
accepted?

Submission of
Payment of filling fee and Setting Up and Preparing
Additional
of MOA for the EIA Review Fund
Requirements

Submission of seven (7) copies of

EIS for Substantive Review by the
Review Team)
 Application fee | Php 10,000.00
Review duration | 40 working days
I. Executive Summary
II. Project Description
 Project Location and Area

EIS
 Project Rationale
 Project Alternatives
 Project Components
 Process/ Technology
 Project Size
 Development Plan, Description of Project Phases and Corresponding

Environmental Timeframes
 Manpower
Impact  Project Cost

Statement III. Assessment of Environmental Impacts

IV. Environmental Management Plan
V. Environmental Risk Assessment (ERA) & Emergency Response Policy and
Guidelines
VI. Social Development Plan/Framework (SDP) and IEC Framework
VII. Environmental Compliance Monitoring
VIII. Decommissioning / Abandonment /Rehabilitation Policy
IX. Institutional Plan for EMP Implementation
IEE Initial Environmental Examination
Checklist Report Form

go
to DENR-EMB website
click
ECC online
create apply
an account online

FILLABLE FORMS DOCUMENTARY REQUIREMENTS

 Project Fact Sheet  Geotagged photographs
 Project Components  Topographic Map
 Environmental Impact Management and Monitoring Plan  Certification from LGU on the
 Abandonment/Decommissioning/Rehabilitation compatibility of proposed project
Information  Site Development
 Project Environmental Monitoring and Audit Prioritization  Project layout
Scheme (PEMAPS) Questionnaire  Organizational Chart
 IEE Checklist Sworn Statement  Proof of Authority over the project site
 Duly notarized accountability statement  Affidavit of No Complaint

Application fee | Php 5,070.00 Review duration | 7 working days

PD Project Description

go click
CNC online
fill up submit
to DENR-EMB data and online
website information

CAT D
Non-coverage
REQUIRED ATTACHMENT
 Project Layout
 Notarized Accountability Statement of the Proponent
 Recent photos of project area taken within 15 days
Projects from filling
 Site Development Plan
 PAMB Clearance (if applicable)

Application fee | Php 1,126.00 Review duration | 7 working days

 Application fee | Php 1,140.00

PD Project Description
Review duration | 7 working days

go click verify
Project coverage
Fill up submitmanually
to DENR-EMB CNC online PD form
website

ATTACHMENTS

CAT C
 Description of how the project enhances the environment
or address the environmental issues
 Project Components List
 Description of Project Phases
Enhancement  Project Emission/effluent/hazardous waste/solid
waste/other waste
Project  Project cost and duration
 Photos/plates of proposed project site
 7 Submission and Review of Report

Review of EIA Reports normally entails an EMB

PROCEDURAL REVIEW for compliance to
minimum requirements specified during Scoping,
followed by a SUBSTANTIVE REVIEW of either
composed third party experts commissioned.
 7 Submission and Review of Report
Documents Required for
Project Category Office to Process and Decide
ECC/CNC Application
A: Environmental Critical Projects EIS EMB Central Office
B: Non-Environmentally Critical EIS EMB Regional Office in the region where the
Projects IEE proposed project is located
C: Environmental Enhancement EMB Regional Office in the region where the
PD
Project proposed project is located
EMB Regional Office in the region where the
D: Not Covered by the PEISS PD
proposed project is located
Reference: EMB MC 05-2014
 8 Issuance of Decision Document

ECC The ECC is the document issued by

DENR certifying that the proponent
has complied with all the
Environmental requirements of EIS System and has
Compliance committed to implement its
Certificate approved EMP.
 8 Issuance of Decision Document

CNC A certification issued by the DENR

certifying that, based on the
submitted project description, the
Certificate of Non- project is not covered by the EIS
Coverage system and is not required to
secure an ECC.
 8 Issuance of Decision Document

Shall contain an explanation for the

Denial disapproval of the application and
guidance on how the application can

Letter
be improved to a level of
acceptability in the next EIA Process.
 8 Issuance of Decision Document
An ECC is valid through out the entire project lifespan
provided:
ECC 1. There is no significant project expansion
Validity & 2. There is no change in technology

Expiry 3. There is no change in location

4. Project was implemented within five years from the
date of issuance
(unless otherwise specified in the ECC)
 8 Issuance of Decision Document
Request for Major Amendments
• Expansion of project area with in catchment described in EIA

EC C • Increase in the project size parameter by more than the

corresponding coverage threshold
Amendments • Other types of changes which makes the EMP in the original EIA
report inadequate to address identified significant adverse
environmental impacts
• Other amendments deemed major at the discretion of the EMB
 8 Issuance of Decision Document
Request for Minor Amendments
• Typographical Error

EC C
• Extension of deadlines for submission of post-ECC requirements
• Extension of ECC validity
• Change in company name/ownership
Amendments • Decrease in land/project area or production capacity
• Change in project layout within the same project study area without changes
in process/production capacity
• Other amendments deemed minor at the discretion of the EMB CO/RO
Director
 9 EIA Monitoring
1 Compliance with CONDITIONS SET IN THE ECC
2 Compliance with ENVIRONMENTAL MANAGEMENT PLAN

3 Effectiveness of ENVIRONMENTAL MEASURES

4 Continual UPDATING OF THE EMP
 9 EIA Monitoring Protocols
COMPLIANCE MONITORING
Project Compliance Monitoring Report (CMR) SEMI-ANNUALLY

Proponent
SELF MONITORING
Self Monitoring Report (SMR) on a QUARTERLY BASIS
 9 EIA Monitoring Protocols
Validate PROPONENTS’ environmental PERFORMANCE
MMTs shall only be for ECPS
Multipartite
Receive complaints, and gather relevant data to
Monitoring facilitate determination of validity of complaints
Team (MMT)
Make regular and timely submission of MMT Reports,
the Compliance Monitoring and Verification Report
(CMVR) (semi annual)
 9 EIA Monitoring Protocols
Responsible for the OVER-ALL EVALUATION/AUDIT
of the Proponents’ monitoring and the MMT
validation Report
DENR-EMB
Implement the Project Environmental Monitoring
and Audit Prioritization Scheme (PEMAPS) and
prepare Compliance Evaluation Report (CER)
SANCTIONS AND
FEES ON ECC
VIOLATIONS
FINES, PENALTIES, AND SANCTIONS
• Imposition of Fines and Penalties
a) Without an ECC
b) Violation of ECC conditions
• Suspension of ECC
• Imposition of Cease and Desist
LEGAL BASIS OF FINES AND PENALTIES
The Fines, penalties, and sanctions of the Philippine EIS System is based on Section 9 provision of P.D. 1586,
as follows:

“Penalty for Violation. Any person, corporation or partnership found violating Section 4
of this Decree, or the terms and conditions in the issuance of the Environmental
Compliance Certificate, or of the standards, rules and regulations issued by the National
Environmental Protection Council pursuant to this Decree shall be punished by the
suspension or cancellation of his/its certificate or and/or a fine in an amount not to exceed
Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the
National Environmental Protection Council.”
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. No person, partnership or corporation
shall undertake or operate any such declared environmentally critical project or area without first securing an
Environmental Compliance Certificate issued by the President or his duly authorized representative.
 A
Projects which are
ESTABLISHED and/or
OPERATING WITHOUT
AN ECC
Notice of Violation (NOV) and
Project VIOLATING
Technical Reading ECC CONDITIONS,
CDO (cease and desist order)
EMP, RULES and
REGULATIONS
suspension or cancellation of
its ECC

a fine in an amount not to

exceed P50,000 for every
violation
 Will not have direct impact on the
environment but can impede or delay
compliance against other ECC conditions
or EMP commitments such as:

Minor • Non submission of reports/requirements

• Transfer of ownership of the project/ECC
Offense without prior approval
• Non compliance with other administrative
conditions
• Other offenses deemed minor at the
discretion of the EMB
 Will have direct significant impact on the
environment such as:

• Non implementation of substantive

Major conditions in the ECC, EMP and EMoP
• Exceedance of project limits or area
Offense • Significant addition of project
component or product
• Major changes in project process or
technology
• Other offenses deemed major at the
discretion of the EMB
Schedule of Penalty Reduction in case of
Violations of ECC Condition
Government Regulatory Instruments

Tree Cutting Permit

PAMB Clearance/SAPA

GSUP/SLUP/FLAG
Tree Cutting Permit

All projects that will involve cutting/removing of trees

are required to apply for a tree cutting permit to the
Department of Environment and Natural Resources
(DENR) while permit to cut coconut tree shall be
secured from Philippine Coconut Authority.
LEGAL BASIS Tree Cutting Permit

Presidential Decree (PD) No. 705

Section 77 : Cutting, Gathering and/or collecting Timber, or
Other Forest products Without License
“Any person who shall cut, gather, collect, removed timber or other
forest products from any forest lands, or timber from A and D, public
lands or private land, without any authority, or possess timber or other
forest products without the legal documents as required under existing
forestry laws and regulations, shall be punished with the penalties
imposed under Articles 309 and 310 of the Revised Penal Code”:
 Requirements Tree Cutting Permit
DENR Administrative Order 2021-11
For Naturally Grown trees within Private Lands
a) Letter of Application
b) Authenticated copy of land title/CLOA issued by the Land Registration Authority or
Registry of Deeds with approved sketch map of the area
c) Utilization plan, if application covers ten hectares or larger with at least 50% of the
area covered with forest trees
d) Timber inventory of trees to be cut signed by forest officers
e) Endorsement from LGU imposing no objection
f) Endorsement by local agrarian reform officer for areas covered by certificates of
land ownership award (CLOA)
g) Environmental Clearance of the project (ECC/CNC)
 Requirements Tree Cutting Permit
DENR Administrative Order 2021-11
For Naturally Grown trees within Public or Forest Lands
a) Letter of Application
b) Timber inventory of trees to be cut signed by forest officers
c) Endorsement from LGU imposing no objection
d) Copy of approved land tenure instrument/management agreement (e.g.
SLUP/FLAG/FLAGT/CADT/GSUP) together with its approved
development/management plan
e) Environmental Clearance of the project (ECC/CNC)
Process Tree Cutting Permit

Evaluation of complete requirements shall only be acted by the

evaluation officer. Incomplete documents for application shall be
returned immediately to the Proponent by the decision authority.

Tree Cutting, Earth-balling Permits for naturally growing trees shall

be issued by the concerned DENR Regional Executive Director and
shall be governed by existing laws, rules and regulations like E.O.
No. 23 and other related guidelines.
Mechanisms Instituted to Mitigate the Impacts of
Tree Cutting
 Mechanisms Instituted to Mitigate the Impacts of
Tree Cutting
Earth-balling of trees with diameter of 15 cm and below
 Mechanisms Instituted to Mitigate the Impacts of
Tree Cutting
Conditions of Trees to be earth-balled
• Only healthy trees or other vegetation shall be earth-balled and
transplanted;
• The immediate environment or surrounding of the affected tree or
vegetation is free from any structures or impediments to support digging
and moving operations; and
• There shall be a suitable and available site for the transplanting of earth-
balled trees or other vegetation to guarantee its continuous growth
and /or survival
 Mechanisms Instituted to Mitigate the Impacts of
DMO No. 2012-02 Tree Cutting
Uniform Replacement Ratio for Cut or Relocated Trees
Replacement ratio for private and forest lands:
Type Replacement Ratio Type of Species as
replacement
planted trees 1:50 Preferably indigenous tree
species
Naturally growing trees 1:100 Strictly indigenous tree
and premium species species
PAMB Clearance/SAPA

The Proponent shall coordinate with the DENR-BMB

to secure PAMB clearance/SAPA for all projects of the
Department that will traverse within declared
protected area as mandated by the Republic Act No.
11038 and DENR Administrative Order 2019-05.
Legal Basis PAMB Clearance/SAPA
 Sec. 10.f of RA 7586 & Rule 11.1.6 of DAO 2008-26
 DAO 2007-17: “ Rules and Regulations governing Special Uses
within Protected Areas” –
 Memorandum Order of the Secretary dated Jan. 31, 2011
suspending the processing of SAPA due to nonstandard rates of
fees
 Memorandum from the Secretary dated 15 March 2018 lifting the
suspension of the implementation of DAO 2007-17 and issuance of
DAO 2018-05
 Memorandum from the Secretary dated 18 July 2018 re: Directives
on the Implementation of DENR DAO 2007-17 and DAO 2018-05
Definition of Terms PAMB Clearance/SAPA
Special Uses

It include activities and introduction of

development consistent with the Protected
Area Management Plan (PAMP).

Special Use Agreement in Protected Areas

(SAPA)

A binding instrument between the DENR

through the PAMB as the 1st Party, and with
the applicants (IPs, TMs, LGUs, Private Sector
and other stakeholders) as the 2nd party.
Objectives PAMB Clearance/SAPA
 To provide access and economic  To guide the development of the
opportunities to indigenous peoples, and appropriate zones of protected areas in
other stakeholders of protected areas accordance with their management
thereby contribute in the reduction of objectives; and
poverty incidence;
 To earn revenues for the sustainability
 To optimize special uses of protected of protected areas management
areas consistent with the principles of
sustainable development and biodiversity
conservation;
Scope and PAMB Clearance/SAPA
Coverage
 SAPA may be issued w/in PAs except in Strict
Nature Reserves and shall be confined only to the
management zones of the PA appropriate for the
purpose.
Duration PAMB Clearance/SAPA

 May have a duration of twenty-five (25) years and may be

renewed, subject to review and approval of the Secretary or his
authorized representative upon endorsement of the Protected
Area Management Board.

 After expiration or non-renewal of the Agreement, all

improvements and structures in the area shall be donated/
turned-over to the DENR
Qualifications PAMB Clearance/SAPA
Who may apply?
 Indigenous Peoples
 Tenured Migrants
 Local Government Units
 Other Government Agencies (OGAs)
 Other stakeholders (corporations, cooperatives, business entities,
NGOs, etc.)

 For individual applicants: A Filipino citizen of legal age

 For Groups or Corporations or Associations: at least sixty percent
(60%) of the capital of which is owned by Filipino citizens
Requirements PAMB Clearance/SAPA

General Requirements:
 Duly accomplished application form
 Birth certificate or any proof of Filipino
citizenship (individual) or proof of
ownership (corporations)
 Projects description (with maps or
photos, dev plan or etc.)
 Proof of financial capability
 Free and Prior Informed Consent (FPIC)
of concerned IPs
Requirements PAMB Clearance/SAPA
The DENR shall impose development fees based on the fixed percentage of the
zonal value of the land and improvements thereon:
5% of the most recent zonal value of the commercial
zone in the nearest barangay or municipality every year
multiplied by the area applied for development
+
 1% value of improvements as premium to the
protected area.
- subject to an increase of 10% every five years.
SLUP/FLAG

Special Land Use Permit/Agreement is a privilege granted by

the State to a person to occupy, possess and manage in
consideration of specified return, any public forest lands for a
specific use or purpose. (FAO 8-3, as amended)

The Proponent shall coordinate with the DENR-FMB to secure

SLUP/FLAG for all projects of the Department that will
traverse within public forest lands.
Legal Basis SLUP/FLAG
Presidential Decree No. 705, as amended, otherwise known as the Revised Forestry Code of the
Philippines

 Section 20. License Agreement, License, Lease or Permit

“No person may utilize, exploit or occupy, posses or conduct any activity within any forest land (FL), unless
authorized to do under a license agreement, lease or permit.”

 Section 57. Other Special Uses of Forest Lands

“Forest lands, may be leased for a period not exceeding twenty-five years, renewable upon the expiration
thereof for a similar period or held under permit for the establishment of sawmills, lumber yards, timber
depots or other beneficial purposes which do not in any way impair the forest resources therein”.

 Section 64. Charges, Fees and Bonds

“The Department Head, shall fix the amount of rentals, fees and bonds for the different kinds of utilization
occupation, possession or activity inside FL, and for other services”
 Legal Basis DAO No. 2022-01
Guidelines in Granting Government Agencies Gratuitous Permits for
the Special Uses of Forest Lands

 It shall cover all Gratuitous Special Use Permit (GSUP) applications

for special land uses or projects that are non-profit and of national
interest, as well the infrastructures for public service and use to be
implemented and/or being managed by National Government
Agencies and Local Government Units.
 GSUP

Gratuitous Special Use Permit – a five year permit

authorizing a head of a government agency and/or local chief
executive to use certain portions of forest lands free of
charge for the development of government-managed
projects of national interest and infrastructures for public
service and use, and non commercial projects of GOCCs
 GSUP

Government agencies and LGUs must file the duly

accomplished application form with the corresponding
documentary requirements prescribed by the Department
at the CENRO/Implementing PENRO and the proponent to
pay the amount of P3,000.00 per application to cover
administrative costs.
GSUP Requirements

• Letter of Intent
• Certification as to the land classification of the area being applied for
GSUP to be issued by DENR
• GIS-generated map of the area
• Appropriate certification from the National Commission on Indigenous
Peoples Indicative Management Plan
• Proof of budget allocation for the development and management of the
project Agency resolution or authorization
GSUP Requirements
• Local Government Unit (LGU) endorsement (in case the applicant is
an NGA)
• Resolution authorizing the local chief executive to apply for
gratuitous special use permit (in case the applicant is an LGU)
• In case of LGUs, a proof that proposed project is indicated in the
Forest Land Use Plan (FLUP) and within the ambit of the approved
Comprehensive Land Use Plan (CLUP)
• Appropriate clearance from the Palawan Council for Sustainable
Development (if the project is located in Palawan).
 GSUP

SECTION 8. Duration of the GSUP

The GSUP shall have a maximum non-renewable term of five (5)

years for the (a) construction of roads and bridges and (b)
construction and operation of schools, hospitals, health centers,
flood control facilities, water reservoir or impounding dam and its
related facilities, air strip, landing site, harbor, public market, public
plazas and evacuation site.
 GSUP

SECTION 9. Application for Presidential Proclamation.

All national government agencies and LGUs with approved GSUP for the
construction and operation of infrastructure projects or facilities for public service
and use specified in Section 4.5 herein, other than roads and bridges, shall apply for
the issuance of Presidential Proclamation within one (1) year from the issuance of
GSUP to ensure effective management and sustainability of the infrastructure and
facilities and its long-term use of the area where the infrastructure or facilities
exists. In case of failure to secure a Presidential Proclamation within the duration of
the GSUP, the Permittee shall apply for FLAg pursuant to DENR Administrative Order
No. 2004-59 and other related policies on special uses of forest lands.
 GSUP
SECTION 12. Transitory Provision.

All national government agencies and LGUs with existing Special Land Use
Permits (SLUPs) and FLAgs covering non-profit government-managed projects
and infrastructure projects for public service and use as enumerated in Section
4.5 of this Order may opt to apply for GSUP, provided that, only the SLUPs
and/or FLAgs deemed necessary to be transformed into GSUP may be
considered. Provided further, that upon approval of GSUP application, the said
SLUP or FLAg shall automatically be deemed cancelled. Similarly, the GSUP to
be issued shall contain the terms and conditions stipulated in this Order.
 FLAG
Forest Land use Agreement - a contract between the government and a
second party to temporarily occupy, manage and develop in consideration of a
government share (user’s fee), any FL of the public domain for specific use.

IRR  DAO No. 2004-59 dated August 31, 2004

Duration 25 years, renewable for another 25 years (if direct FLAg application)
Approving Authority Undersecretary for Field Operations
 End of
THANK
YOU! Presentation