Paje v.

Casio
G.R. No. 207257 | February 3, 2015
Del Castillo, J.
Annex List of Tables
Purpose: To know the processes related to DAO 2003-30
Table 1 Overview of Stages of the Philippine EIA Process

1.0 SCREENING Screening determines if a project is covered or not covered by the

PEISS. If a project is covered, screening further determines what
document type the project should prepare to secure the needed
approval, and what the rest of the requirements are in terms of EMB
office of application, endorsing and decision authorities, duration of
processing.
2.0 SCOPING Scoping is a Proponent-driven multi-sectoral formal process of
determining the focused Terms of Reference of the EIA Study. Scoping
identifies the most significant issues/impacts of a proposed project,
and then, delimits the extent of baseline information to those necessary
to evaluate and mitigate the impacts. The need for and scope of an
Environmental Risk Assessment (ERA) is also done during the scoping
session. Scoping is done with the local community through Public
Scoping and with a third party EIA Review Committee (EIARC) through
Technical Scoping, both with the participation of the DENR-EMB. The
process results in a signed Formal Scoping Checklist by the review
team, with final approval by the EMB Chief.
3.0 EIA STUDY and The EIA Study involves a description of the proposed project and its
REPORT PREPARATION alternatives, characterization of the project environment, impact
identification and prediction, evaluation of impact significance, impact
mitigation, formulation of Environmental Management and Monitoring
Plan, with corresponding cost estimates and institutional support
commitment. The study results are presented in an EIA Report for
which an outline is prescribed by EMB for every major document type.
4.0 EIA REPORT REPORT Review of EIA Reports normally entails an EMB procedural screening
and EVALUATION for compliance with minimum requirements specified during Scoping,
followed by a substantive review of either composed third party
experts commissioned by EMB as the EIA Review Committee for
PEIS/EIS-based applications, or DENR/EMB internal specialists, the
Technical Committee, for IEE-based applications. EMB evaluates the
EIARC recommendations and the publics inputs during public
consultations/hearings in the process of recommending a decision on
the application. The EIARC Chair signs EIARC recommendations
including issues outside the mandate of the EMB. The entire EIA review
and evaluation process is summarized in the Review Process Report
(RPR) of the EMB, which includes a draft decision document.
5.0 DECISION MAKING Decision Making involves evaluation of EIA recommendations and the
draft decision document, resulting to the issuance of an ECC, CNC or
Denial Letter. When approved, a covered project is issued its certificate
of Environmental Compliance Commitment (ECC) while an application
of a non-covered project is issued a Certificate of Non-Coverage (CNC).
 Endorsing and deciding authorities are designated by AO155 42, and
further detailed in this Manual for every report type. Moreover, the
Proponent signs a sworn statement of full responsibility on
implementation of its commitments prior to the release of the ECC.156
The ECC is then transmitted to concerned LGUs and other GAs for
integration into their decision making process. The regulated part of
EIA Review is limited to the processes within EMB control. The
timelines for the issuance of decision documents provided for in AO 42
and DAO 2003-30 are applicable only from the time the EIA Report is
accepted for substantive review to the time a decision is issued on the
application.
6.0 MONITORING, Monitoring, Validation and Evaluation/Audit stage assesses
VALIDATION, and performance of the Proponent against the ECC and its commitments in
EVALUATION/AUDIT the Environmental Management and Monitoring Plans to ensure actual
impacts of the project are adequately prevented or mitigated.

Table 2 Flowchart on Request for ECC Amendments

Scenario 1: Request for Minor Scenario 2: Request for Major Amendments

Amendments
1. Expansion of project area w/in catchment
1. Typographical error described in EIA
2. Extension of deadlines for submission of 2. Increase in production capacity or auxiliary
post-ECC requirement/s component of the original project
3. Extension of ECC validity 3. Change/s in process flow or technology
4. Change in company name/ownership 4. Addition of new product
5. Decrease in land/project area or 5. Integration of ECCs for similar or dissimilar
production capacity but contiguous projects (NOTE: ITEM#5 IS
6. Other amendments deemed minor at the PROPONENTS OPTION, NOT EMBS)
discretion of the EMB CO/RO Director 6. Revision/Reformatting of ECC Conditions
7. Other amendments deemed major at the
discretion of the EMB CO/RO Director
1 [Start] 1 [Start]
Within three (3) years from ECC issuance (for Within three (3) years from ECC issuance (for
projects not started)176 OR at any time projects not started)177 OR at any time during
during project implementation, the project implementation, the Proponent prepares
Proponent prepares and submits to the ECC- and submits to the ECC-endorsing DENR-EMB
endorsing DENR-EMB office a LETTER- office a LETTER-REQUEST for ECC amendments,
REQUEST for ECC amendment, including including data/information, reports or
data/information, reports or documents to documents to substantiate the requested
substantiate the requested revisions. revisions.
2 2
The ECC-endorsing EMB office assigns a Case For projects that have started implementation,
Handler to evaluate the request EMB evaluates request based on Annex 2-1c for
various scenarios of project modification.
Documentary requirements may range from a
Letter-Request to an EPRMP to the EMB CO/RO
while for those with Programmatic ECC, a
PEPRMP may need to be submitted to the EMB
 CO to support the request. It is important to note
that for operating projects, the appropriate
document is not an EIS but an EIA Report
incorporating the projects historical
environmental performance and its current
EMP, subject to specific documentary
requirements detailed in Annex 2-1c for every
modification scenario.
3 3.
ECC-endorsing Authority decides on the For EPRMP/PEPRMP-based requests, EMB
Letter-Request, based on CH forms a Technical/Review Committee to
recommendation evaluate the request. For other requests, a Case
Handler may solely undertake the evaluation.
EMB CO and RO will process P/EPRMP for
PECC/ECC under Groups I and II respectively.
4
ECC-endorsing/issuing Authority (per Table 1-
4) decides on Letter
Requests/EPRMP/PEPRMP/Other documents
based on EMB CH and/or Tech/Review
Committee recommendations.

Table 3 Decision Chart for Determination of Requirements for Project Modifications

Resulting Decision
Document/Type of EIA
Report Required
Operational projects, or
Proposed Modifications to the Analysis of Proposed those which have stopped
Current Project Modifications for 5 years and plan to re-
start
For Groups I and II EISbased
Projects with an ECC
applying for modification
1 Expansion of land/project Since the modification will ECC Amendment
area w/in catchment or be in an area already
environment described in the described and evaluated in Letter Request with brief
original EIA Report the original EIA Report, description of activities in the
incremental impacts from additional area
additional land development
will have been addressed in
the approved EMP
2 Expansion of land/project It is assumed the ECC Amendment
area OUTSIDE catchment or modification proposal may
environment described in the have significant potential Environmental Performance
original EIA Report impacts due to absence of Report and Management
prior assessment as to how Plan (EPRMP)
the project may affect the
proposed expansion area
3 Increase in capacity or Non-exceedance of PDR ECC Amendment
auxiliary component of the (non covered project) Letter Request with brief
original project which will threshold is assumed that description of additional
either not entail exceedance impacts are not significant; capacity or component
of PDR (non-covered project)
thresholds or EMP & ERA can Modification scenario and
still address impacts & risks decision process are
arising from modification applicable to both
nonimplemented and
operating projects issued
ECCs
4 Increase in capacity or Exceedance of PDR (non- ECC Amendment
auxiliary component of the covered) threshold is
original project which will assumed that impacts may Environmental Performance
either exceed PDR be potentially significant, Report and Management
(noncovered project) particularly if modification Plan (EPRMP)
thresholds, or EMP & ERA will result to a next higher
cannot address impacts and level of threshold range
risks arising from
modification Modification scenario and
decision process are
applicable to both
nonimplemented and
operating projects with or
without issued ECCs
5 Change/s in process flow or EMP and ERA can still ECC Amendment
technology address impacts & risks
arising from modification Letter Request with brief
process description

EMP and ERA cannot ECC Amendment

address impacts & risks
arising from modification Environmental Performance
Report and Management
Plan (EPRMP)
6 Additional component or Activity is directly lessening ECC Amendment
products which will enhance or mitigating the projects
the environment (e.g. due to impacts on the environment. Letter Request with
compliance to new stringent However, to ensure there is consolidated Project
requirements) or lessen no component in the Description Report of new
impacts on the environment modification which fall project component and
(e.g. thru utilization of waste under covered project types, integrated EMP
into new products) EMB will require disclosure
of the description of the
components and process
with which the new product
will be developed.
7 Downgrade project size or No incremental adverse From ECC Amendment to
area or other units of impacts; may result to lower Relief of ECC Commitments
 measure of thresholds limits project threshold or may (Conversion to CNC):
result to noncoverage Letter-Request only
8 Conversion to new project Considered new application New ECC
type (e.g. bunker-fired plant but with lesser data
to gas-fired) requirements since most EIS
facilities are established;
environmental performance
in the past will serve as
baseline; However, for
operating projects, there
may be need to request for
Relief from ECC
Commitment prior to
applying for new project
type to ensure no balance of
environmental
accountabilities from the
current project
9 Integration of ECCs for No physical change in ECC Amendment
similar or contiguous projects project size/area; no change
in process/technology but Letter Request with
(Note: Integration of ECCs is improved management of consolidated Project
at the option of the continuous projects by Description Report and
Proponent to request/apply) having an integrated integrated EMP
planning document in the
form or an integrated ECC
(ECC conditions will be
harmonized across projects;
conditions relating to
requirements within other
agencies mandates will be
deleted)
10 Revision/ Reformatting of No physical change on the ECC Amendment
ECC Conditions project but ECC conditions
relating to requirements Letter request only
within other agencies
mandates will be deleted