June 11, 1978
PRESIDENTIAL DECREE NO. 1586
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM,
INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED
MEASURES AND FOR OTHER PURPOSES
WHEREAS, the pursuit of a comprehensive and integrated
environmental protection program necessitates the establishment and
institutionalization of a system whereby the exigencies of socioeconomic
undertakings can be reconciled with the requirements of environmental
quality;
WHEREAS, the regulatory requirements of Environmental Impact
Statements and Assessments instituted in pursuit of this national
environmental protection program have to be worked into their full
regulatory and procedural details in a manner consistent with the goals of
the program;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution do
hereby order and declare:
SECTION 1. Policy. — It is hereby declared the policy of the
State to attain and maintain a rational and orderly balance between socio
economic growth and environmental protection. cdt
SECTION 2. Environmental Impact Statement System. — There
is hereby established an Environmental Impact Statement System founded
and based on the environmental impact statement required, under Section
4 of Presidential Decree No. 1151, of all agencies and instrumentalities of
the national government, including governmentowned or controlled
corporations, as well as private corporations, firms and entities, for every
proposed project and undertaking which significantly affect the quality of
the environment.
SECTION 3. Determination of Lead Agency. — The Minister of
Human Settlements or his designated representative is hereby authorized
to name the lead agencies referred to in Section 4 of Presidential Decree
No. 1151 which shall have jurisdiction to undertake the preparation of the
necessary environmental impact statements on declared environmentally
critical projects and areas. All Environmental Impact Statements shall be
submitted to the National Environmental Protection Council for review and
evaluation. cd i
SECTION 4. Presidential Proclamation of Environmentally
Critical Areas and Projects. — The President of the Philippines may, on his
own initiative or upon recommendation of the National Environmental
Protection Council, by proclamation declare certain projects, undertakings
or areas in the country as environmentally critical. 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. For the proper management of said critical
project or area, the President may by his proclamation reorganize such
government offices, agencies, institutions, corporations or instrumentalities
including the realignment of government personnel, and their specific
functions and responsibilities.
For the same purpose as above, the Ministry of Human Settlements
shall: (a) prepare the proper land or water use pattern for said critical
project(s) or area (s); (b) establish ambient environmental quality
standards; (c) develop a program of environmental enhancement or
protective measures against calamituous factors such as earthquake,
floods, water erosion and others, and (d) perform such other functions as
may be directed by the President from time to time. cd i
SECTION 5. Environmentally NonCritical Projects. — All other
projects, undertakings and areas not declared by the President as
environmentally critical shall be considered as noncritical and shall not be
required to submit an environmental impact statement. The National
Environmental Protection Council, thru the Ministry of Human Settlements
may however require noncritical projects and undertakings to provide
additional environmental safeguards as it may deem necessary.
SECTION 6. Secretariat. — The National Environmental
Protection Council is hereby authorized to constitute the necessary
secretariat which will administer the Environmental Impact Statement
System and undertake the processing and evaluation of environmental
impact statements. cd i
SECTION 7. Management and Financial Assistance. — The
Ministry of Human Settlements is hereby authorized to provide
management and financial support to government offices and
instrumentalities placed under its supervision pursuant to this Decree
financed from its existing appropriation or from budgetary augmentation as
the Minister of Human Settlements may deem necessary.
SECTION 8. Rules and Regulations. — The National
Environmental Protection Council shall issue the necessary rules and
regulations to implement this Decree. For this purpose, the National
Pollution Control Commission may be availed of as one of its implementing
arms, consistent with the powers and responsibilities of the National
Pollution Control Commission as provided in P.D. No. 984.
SECTION 9. 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. casia
SECTION 10. Environmental Revolving Fund. — Proceeds from
the penalties prescribed in the preceding Section 9 and other penalties
imposed by the National Pollution Control Commission as authorized in
P.D. 984, shall be automatically appropriated into an Environment
Revolving Fund hereby created as an exemption to P.D. 711 and P.D.
1234. The fund shall be used exclusively for the operation of the National
Environmental Protection Council and the National Pollution Control
Commission in the implementation of this Decree. The rules and
regulations for the utilization of this fund shall be formulated by the Ministry
of Human Settlements and submitted to the President for approval.
SECTION 11. Repealing Clause. — The InterAgency Advisory
Council of the National Pollution Control Commission created under
Section 4 of P.D. 984 is hereby abolished and its powers and
responsibilities are forthwith delegated and transferred to the Control of the
National Environmental Protection Council.
All other laws, decrees, executive orders, rules and regulations
inconsistent herewith are hereby repealed, amended or modified
accordingly.
SECTION 12. Effectivity Clause. — This Decree shall take effect
immediately.
DONE in the City of Manila, this 11th day of June, in the year of Our
Lord, Nineteen Hundred and SeventyEight.
Published in the Official Gazette, Vol. 74 No. 44, 8651112 Supp., on October
30, 1978.
Published in the Official Gazette, Vol. 75 No. 15, Page 3256 on April 9, 1979.
Published in the Official Gazette, Vol. 78 No. 25, Page 3290 on June 21,
1982.