THE PHILIPPINE EIS SYSTEM

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THE PHILIPPINE EIS SYSTEM AN INDUSTRY - BASED
PERSPECTIVE
By Dr. E. G. Alabastro Vice Chair, Environmental
Committee Philippine Exporters Confederation
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GOOD AND HOLISTIC PLANNING VITAL TO SUCCESS OF A
PROJECT ALL ASPECTS OF THE PROJECT ENVIRONMENT
SHOULD BE INCORPORATED PHYSICO CHEMICAL
BIOLOGICAL, SOCIO ECONOMIC AND POLITICAL.
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CLEAR KNOWLEDGE OF LAWS AND OF APPROPRIATE
AGENCIES ENFORCING THESE ARE IMPERATIVE TO
INDUSTRY COMPLIANCE AND PROPER COORDINATION
WITH THESE AGENCIES
RA 9275 RA 8749 RA 9003 DAO 34
DAO 2000 81 PD 1152 DAO 35
MCs RA 7586 A/C
A/C RA
8048 PO PO
NIPAS
VARIOUS LAWS
ORDINANCES, ETC.
DENR OTHERS
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AMONG KEY COMPONENTS OF AN EFFECTIVE PLAN ARE
KNOWING EXISTING CONDITIONS DEVELOPING TOOLS FOR
MONITORING CONSEQUENCES OF PROJECTS / BUSINESS
IDENTIFYING MECHANISMS FOR ADDRESSING
CONSEQUENCES AND DEVELOPING AN OVER ALL
MANAGEMENT PLAN.
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ABOVE IS THE FRAMEWORK OF THE EXISTING AND
TRADITIONAL EIS SYSTEM. WE SUBMIT THIS IS
RATIONALE FOR PLANNING PURPOSES
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SO, WHAT ARE THE PROBLEMS OF THE INDUSTRIES?
WE SUBMIT THESE LIE IN THE IMPLEMENTATION FOR
PURPOSE OF ISSUING ECCs. TYPICAL EXPERIENCES
WILL PROVIDE FRAMEWORK FOR A REVISIT OF CURRENT
IMPLEMENTATION STRATEGY AN SME WAS CLOSED
DOWN FOR LACK OF ECC. FOUR YEARS LATER THE SME
WAS DETERMINED TO BE NON COVERED BY EIS.
ECC USED AS VEHICLE FOR UNNECESSARY BUREAUCRACY
LEADING TO UNNECESSARY COST OF DOING
BUSINESS. A PROJECT IN THE NORTH HIDDEN
ISSUE IS ELECTION A POWER PROJECT IN THE
VISAYAS REAL ISSUE IS COMMUNITY PERCEPTION ON
THE ELECTRIC COOPERATIVE GOVERNANCE A MSW
MANAGEMENT PROJECT IN LUZON - HIDDEN ISSUE IS
THE PERPECTIVE OF THE NPAs PROPERTY
DEVELOPMENT PROJECT IN CALABARZON A HIDDEN
AGENDA IS MARKETING RIGHTS BULK STORAGE
PROJECT IN LUZON REAL ISSUE IS BUSINESS
COMPETITION SEVERAL OTHERS
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PROTRACTED TIME BUSINESS OPERATES ON TIME
BOUNDARIES, AND UNNECESSARILY COMPROMISED BY EIS
PROCESSING TIMELINE A TYPICAL PROJECT CYCLE SEE
BELOW
MAJOR QUESTION OF WHAT DENR MANDATE IS VIZ A VIZ
EIS VERSUS THOSE OF OTHER AGENCIES. BLURRED
DEFINITION OF ENVIRONMENT
INCONSISTENT WITH RESPECT TO GEOGRAPHY ( REGIONAL
INTERPRETATION ) AND TO TIME ( PERSPECTIVE OF
THE INCUMBENT LEADERSHIP IN THE DENR ) . NO
SUFFICIENT TRANSITION PERIOD IN PARTIAL TRANSFER
OF DENR MANDATE TO LLDA.
EXPOSURE TO LEGAL LIABILITIES OR BUSINESS
HARASSMENT ON NON ENVIRONMENTAL ISSUES
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A TYPICAL PROJECT CYCLE SHOWING TIME FACTOR IN
PROJECTS
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INDUSTRY AND THE ENVIRONMENT
STATED NATIONAL POLICY IS BALANCING ENVIRONMENT
WITH ECONOMY, E.G. THE LATEST LAW ( RA . 9275 -
CWA). IRRs INADEQUATELY REFLECT
THIS. INDUSTRIES ARE NOT THE MAJOR SOURCES OF
AIR AND WATER POLLUTION AS SUPPORTED BY WB
REPORTS. HOWEVER, INDUSTRIES MOST REGULATED
SECTOR. POVERTY AND POPULATION ( WHICH ARE INTER
RELATED ) ARE THE MAJOR ROOT /
SOURCES. INDUSTRIES WHILE PARTIAL CAUSE OF
POLLUTION ARE MAJOR CONTRIBUTORS TO POVERTY
ALLEVIATION AND WE SUBMIT TO POPULATION
MANAGEMENT . INDUSTRIES INHERENTLY SUPPORT
ENVIRONMENTAL INITIATIVES. GOOD ENVIRONMENT IS
GOOD BUSINESS. WITHOUT LEGISLATIVE
PRODDINGS MANY HAVE ADOPTED CORPORATE SOCIAL
RESPONSIBILITY WHEREIN ENVIRONMENT A MAJOR
COMPONENT. INDUSTRIES ALREADY BESET BY TOO MANY
DISINCENTIVES UNDER PHILIPPINE SETTING. THEY
DESERVE CLEAR AND SIMPLE ENVIRONMENTAL LAWS.
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IDENTIFYING ROOTS OF PROBLEMS SO THESE CAN BE
ADDRESSED. THE DEVIL IS IN THE DETAILS

• 1.0 BASIC BLURRED DEFINITION OF THE TERM
  ENVIRONMENT
• FOR THE PURPOSE OF PLANNING.
• MANDATE ON EIS IS ON DENR / EMB. YET THE
  TERM ENVIRONMENT
• NOT DEFINED IN PHILIPPINE LAWS SO DENR /
  EMB CAN PROPERLY
  
• GOVERN.
• SOCIAL ACCEPTABILITY, SOCIAL DEVELOPMENT
  PLANS, TRAFFIC,
• EMPLOYMENT, POWER PURCHASE AGREEMENTS,
  ETC. ARE NOT
• IN THE CONFINES OF THE DENR MANDATE.
• IS A NON RARE NON - ENDANGERED TREE
  ON A PRIVATE
• PROPERTY WITHIN THE JURISDICTION OF THE
  DENR / EMB?

• 2.0 ECC PROCEDURES ARE ORIENTED TO
  PERMITTING NOT
• PLANNING FRAMEWORK

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• 3.0 TIMELINE FOR APPROVING ECCs.
• NO. OF SIGNATURES REDUCED ( AO 42 ) BUT
  HOW ABOUT INITIALS?
• RELATED TO ABOVE ( 1.0 )
• REVIEW COMMITTEE SHOULD BE MADE MORE
  AWARE OF POLICIES
• TIMELINE TO RESOLVE POLICY ISSUES. E.G.
  NO PROPERTY
• DEVELOPMENT PROJECTS FOR ONE YEAR AFTER
  CHERRY HILL

• 4.0 PERMITS / APPROVALS ARE REQUIRED FROM
  OTHER AGENCIES.
• BUT ..EIS AND ECC ARE PLANNING
  INSTRUMENTS NOT PERMITS.

• 5.0 HOW TO IMPLEMENT FINANCIAL GUARANTEES OR
  INSURANCE

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• 6.0 LEGAL RESPONSIBILITIES OF EMB WHICH IN
  TURN CAUSE ECC
• DELAYS. THE CHERRY HILL CASE.

• 7.0 IMPACT OF ENVIRONMENT ON PROJECTS
• A CONCEPT WE ADVANCE, INVOLVES ACT OF
  NATURE
• EGGAR AS A REPORTING REQUIREMENT VALID
  I.E., NO
• CLEARANCES REQUIRED FROM THE MGB ( BUT
  GAPS IN
• IMPLEMENTATION). SAME CONCEPT CAN BE
  APPLIED TO OTHER
• PROCEDURAL REQUIREMENTS.

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THE EIS, NATIONAL PLANNING FRAMEWORK AND THE
PROTECTION OF THE ENVIRONMENT
WE SUBMIT THAT THE PROTECTION IN THE ENVIRONMENT
IS NOT IN THE EIS BUT IN THE VARIOUS
ENVIRONMENTAL LAWS THAT INDUSTRIES ARE TO COMPLY
WITH. AS PHILEXPORT ( MR. O. BARRERA )
ARTICULATED , ALSO LATER STATED BY MR DAN ALLEN
PFEIFFER, THE RAPID ENVIRONMENTAL DEGRADATION IS
WRITTEN IN THE SECOND LAW OF THERMODYNAMICS, .
I.E., THAT THE WORLD IS NATURALLY HEADING FOR
DISORDER. NEW TECHNOLOGIES, POPULATION, ETC. ARE
MAJOR CONTRIBUTION TO RAPID WORLD
DISORDER. Entropy is a measure of the
disorder of a system whenever energy freely
transforms from one form to another, the
direction of transformation is toward a state of
greater disorder and therefore toward one of
greater entropy
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THE AIM OF SUSTAINABLE DEVELOPMENT IS TO BALANCE
OUR ECONOMIC, SOCIAL AND ENVIRONMENTAL NEEDS.
UNFORTUNATELY, THERE IS YET NO CLEAR UNIFIED
PLAN OR POLICY FOR SUSTAINABLE
DEVELOPMENT, AS THERE ARE STILL DIVISIONS WITHIN
POLICY MAKERS, AS TO PRIORITIES FOR THE COUNTRY.
NO DOUBT, A CONSENSUS AMONG ECONOMISTS,
INVESTORS, BUSINESS, ACADEME, CIVIL SOCIETY AND
ENVIRONMENTAL GROUPS IS NEEDED. - MR. OSCAR
BARRERA, PHILEXPORT BE IT AS IT MAY, THE
CRYING NEED OF THE COUNTRY IS FOR ECONOMIC
GROWTH.
ITS THE ECONOMY, ST..
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RECOMMENDATIONS
MAINTAIN, SUSTAIN, FURTHER RATIONALIZE THE EIS
SYSTEM
IMPLEMENT THE POLICY OF A PLANNING TOOL, NOT A
PERMIT. INTEGRATE STATED NATIONAL POLICY IN
IMPLEMENTATION.
CLEARLY DEFINE THE TERM ENVIRONMENT. DENR /
EMB TO CONFINE ITSELF TO ITS SPECIFIC MANDATE.
PHILEXPORT HAS PROPOSED IN VARIOUS FORA THE FF
ENVIRONMENT SURROUNDING AIR, WATER, LAND,
FLORA AND FAUNA WITHIN A PUBLIC DOMAIN OR
PROTECTED AREA INCLUDING THE STATE - PROTECTED
RESOURCES ENVIRONMENT SURROUNDING AIR,
WATER (BOTH GROUND AND SURFACE), LAND, FLORA,
FAUNA, HUMANS AND THEIR INTERRELATIONS. - DAO
03 30
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AS AN IMMEDIATE POLICY, REMOVE THE REQUIREMENT
FOR LGU ENDORSEMENTS FOR ECC APPLICATIONS AND PUT
THIS UNDER THE LGU MANDATE.
TIMELINE FOR ECC ISSUANCES SHOULD BE SENSITIVE TO
DEMANDS OF THE PHILIPPINE ECONOMY. ATTUNE THE
REVIEW COMMITTEE TO POLICIES
DEVELOP MECHANISM FOR MAKING EIS CONSISTENT
GEOGRAPHY WISE AND TIME WISE
STREAMLINE PROCESS FOR INDUSTRIES WITH
INSIGNIFICANT ENVIRONMENTAL IMPACTS, E.G. MSMEs
WHICH ARE 1.9 MILLION IN NUMBER
THE DENR / EMB IS THE RESPONSIBLE AGENCY
CONSISTENT WITH PROPOSED HB 3253
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• NOTES ON THE MANDATE OF THE DENR
• EO No. 192 ( 1987 ) Sec. 4 Mandate - The
  Department shall be the primary government agency
  responsible for the conservation, management,
  development, and proper use of the countrys
  environment and natural resources, specifically
  forest and grazing lands, mineral resources,
  including those in reservation and watershed
  areas, and lands of the public domain, as well as
  the licensing and regulation of all natural
  resources as may be provided for by law in order
  to ensure equitable sharing of the benefits
  derived therefrom for the welfare of the present
  and future generation of Filipinos.
• To accomplish the mandate, the Department shall
  be guided by the following objectives that will
  serve as basis for policy formulation
• Assure the availability and sustainability of
  the countrys natural resources through judicious
  use and systematic restoration or replacement,
  whenever possible
• Increase the productivity of natural resources
  in order to meet the demands for forest, mineral,
  and land resources of a growing population
• Enhance the contribution of natural resources
  for achieving national economic and social
  development
• Promote equitable access to natural resources by
  the different sectors of the population
• Conserve specific terrestrial and marine areas
  representative of the Philippine natural and
  cultural heritage for present and future
  generations.