1

Ms. Rysa D. Deron

Chief, EEI Section
Concurrent Legal Officer

Bachelor of Laws, Adamson University

A.B. Mass Communication, Far Eastern University
 IMPOSITION OF
ADMINISTRATIVE FINES
& OTHER SANCTIONS TO ECC
CONDITIONS VIOLATION
RYSA D. DERON - LEGAL OFFICER-LEGAL SECTION
OIC, ENVIRONMENTAL EDUCATION AND INFORMATION
EMB CALABARZON REGION
 PERMITS AND COMPLIANCE TO
ENVIRONMENTAL LAWS

 P.D. 1586 - ECC

 R.A. 9275 - DISCHARGE PERMIT
 R.A. 8749 - PERMIT TO OPERATE
 R.A. 6969 - DENR I.D. AS HAZARDOUS
WASTE GENERATOR
 R.A. 9003 - WASTE SEGRAGATION AND
DISPOSAL

8
 An ECC is a document issued by the
DENR/EMB after positive review of an
ECC application, certifying that the
Proponent has complied with all the
requirements of the EIS system and has
committed to implement its approved
Environmental Management Plan.
An Environmental Compliance
Certificate (ECC) is not a permit and
should not be interpreted as such but
rather a set of conditionalities, which
will have to be complied with by the
Project before, during and after the
implementation of the project.
Environmental Compliance
Certificate (ECC), therefore, is a
requirement of other laws under
the mandate of other concerned
government agencies… Hence,
not a permit…
FINES, PENALTIES
AND OTHER
SANCTIONS
 UNAWARE

 NEGLIGENCE
(Excusable Negligence)
 INTENTIONAL
 The fines, penalties and sanctions of the Philippine EIS
System is based on Section 9.0 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 the suspension or cancellation of his/its
certificate and/or a fine in an amount not to exceed fifty
thousand pesos (P50,000.00) for every violation thereof..x x x x.
 Imposition of fines and
penalties based on the
succeeding guidelines is
vested on the Directors
of the EMB Central
Office or Regional Office
upon persons or entities
found violating
provisions of P.D. 1586
and its Implementing
Rules and Regulations.
 Suspension of ECCs

 ECCs may be suspended for violation of

Proponents to comply with ECC conditions. It is
noted that ECC suspension does not necessarily
mean the Proponent is absolved of its
responsibility in implementing its approved
Environmental Management Plan (EMP). PD 1586
does not preclude the fact that DENR may require
the Proponent to institute environmental
safeguards/measures to prevent further threat or
actual damage to the environment.
 Cease and Desist Order

 The EMB Director or the EMB-RD may

issue a Cease and Desist Order (CDO)
based on violations under the Philippine
EIS System which cannot be attributed to
specific environmental laws (e.g. RA 8749,
RA 9275, RA 6969, etc) and/or which
present grave or irreparable damage to the
environment. Such CDO shall be effective
immediately. An appeal or any motion
seeking to lift the CDO shall not stay its
effectivity. However, the DENR shall act
on such appeal or motion within ten (10)
working days from filing.
 Publication of Firms
 The EMB may publish the identities of firms
that are in violation of P.D. 1586 and its
Implementing Rules and Regulations despite
repeated Notices of Violation.
 Projects with or
without ECCs which
pose grave and/or
irreparable danger to
environment, life
and property
wherein causes are
not regulated by any
specific
environmental law;
Projects are established and/or operating without an
ECC: A project that has commenced its implementation is
deemed “operating without an ECC”, whether or not it
is in actual operation. The phrase “operating without
ECC” refers to all projects that were implemented
without ECC but should have secured one as provided
for by the PD 1586 IRR effective at the time. Operating
with an ECC secured from agencies or entities other
than DENR is also considered “operating without an
ECC”.
 VIOLATIONS OF THE TERMS AND
CONDITIONS OF THE ECC

 Violations of conditions of ECCs with old format

referring to submission of documents, conduct of
studies and other conditions within the mandate of
other agencies (e.g. Relocation Plan under
HLURB/NHA; Traffic Mgt. Plan under LGU;
Occupational Health and Safety Plan under DOLE;
Epidemiological Studies under DOH, etc)
VIOLATIONS OF THE TERMS AND
CONDITIONS OF THE ECC
Projects violating ECC
conditions and EMP
Commitments and other
procedural requirements of the
Philippine EIS System
 MINOR OFFENSES
(violations of administrative
conditions in the ECC and the
EIS System )

 1) non-submission or delay in
submission of
reports/requirements;
 2) transfer of ownership of the
project/ECC without prior
approval from ECC- issuing
authority;
 3) delay or failure to initiate formation or
implementation of ECC conditions which do not
have significant impacts on the environment, such as
formation of EU, MMT, EMF, EGF, enhancement
measures and other similar/equivalent
requirements prior to the required deadline in the
ECC;
 4) non-compliance with other administrative
conditions in the ECC;
 5) non-compliance with administrative and technical
procedural guidelines in the DAO 2003-30 and its
Revised Procedural Manual; and
 6) Other offenses deemed “minor” at the discretion
of the EMB CO/RO Director.
 MAJOR OFFENSES
(violations of substantive
conditions in the ECC and the
EIS System)
 1)non-implementation of
substantive conditions in the ECC
on the EMP and EMoP and other
related substantive commitments
in the EIA report, including
modifications during EIA Report
Review;
 2) exceedance of project limits or
area;
 3) significant addition of project component or
product without prior approval;
 4) major change in project process or
technology resulting in unmitigated
significant impacts not addressed by approved
EMP;
 5) Other offenses deemed “major” at the
discretion of the EMB CO/RO Director.
 Misrepresentation in the EIA Reports or any other
documents submitted by the Proponent: This
violation shall be subjected to due process and may
result to a fine in a fixed maximum amount of
PhP50,000.00 for every proven misrepresentation.
The Proponent and the Preparer responsible for the
misrepresentation shall be solitarily liable for the
payment of the fine, without prejudice to other EMB
actions towards the Proponent or Preparer who
repeatedly commit the same offense.
 For projects operating without an ECC: The sum of
P50,000.00 is set as reduced at the discretion of the
Secretary, the EMB Director, or the RD, considering the
circumstances of each case, i.e. impact of the violation on
the environment.

 In case of violation of ECC conditions, EMP, or EIS rules

and regulations: The sum of P50,000.00 is again set as the
maximum amount of fine per violation. Violation of one
condition in the ECC is an offense separate and distinct
from the violation of another condition. It is possible that
a respondent be subjected to a fine of more than
P50,000.00 if more than one ECC condition is violated.
However, the amount of fine per violation may be
accordingly reduced.
 Non-submission of Reportorial Requirements
(SMR - Quarterly & CMR – Semi Annual)
 Non-posting of permits and Notice to Public
 Failure to appoint an accredited PCO
 Failure to submit post ECC requirements
(Permits from LGUs concerned/STP requirement)
 Non-formation of MMT
 Failure to request for amendment of ECC
- typographical error
- change in company name and/or ownership
- decrease in land, project area and
production capacity
- failure to request for extension for post
ECC Requirements
 Exceedance of emission and effluent standards
 Discharge of emission and effluent which resulted into
pollution and threat to public health and safety
 Transport of THWM without Transport Permit
 Refusal of entry
 Failure to amend ECC
- Expansion of project area, structure
- Increase in production capacity
- Changes in process flow
- Addition of New Products
- Operation of New Equipment/Machinery
- Revision/Reformatting of ECC Conditions
 Penalty
Criteria
First Second Third Fourth
Offense Offense Offense Offense
 PhP 50,000 plus ECC
Minor PhP10,000.00 PhP25,000.00 PhP50,000.00 suspension with option
Offenses of DENR-EMB to cease
operations if deemed
necessary but with
corresponding
requirement for
continued EMP
implementation

PhP 50,000 plus ECC

Major PhP25,000.00 PhP50,000.00 suspension with
Offenses option of DENR-
EMB to cease
operations if
deemed necessary
but with
corresponding
requirement for
continued EMP
implementation
 CRITERIA PERCENT EQUIVALENT
REDUCTION AMOUNT IN PESO
IN PENALTY TO BE DEDUCTED

1. Timing of ECC Application

Proponent Applied for ECC before issuance of NOV 25 12,500

2. Percentage Project Completion

Project is 25% complete 10 5,000
Project is > 25% but < 50% complete 5 2,500
Project is > 50% complete 0 0
3. Project Cost
Project < PhP 5.0 M 20 10,000
Project is >PhP 5.0 M 10 5,000
4. Project Impact on the Environment
Project does not cause adverse environmental 25 12,500
impacts
Note: A maximum of 80% reduction in penalty can only be imposed provided that the project
proponent meets all of the above criteria.
Scenario 1: Discovery of 1.1 Complaint (or 1.2a Within 72 hours DENR-EMB send
violation from complaints report) is actionable Y Proponents a Notice of Alleged Violation
and non-monitoring sources under P.D. 1586? (NAV) and requests for an official reply
as to why the Proponent should not be
1.0 DENR-EMB office penalized (EMB may conduct field
concerned shall verify if the No validation, site inspection and
complaint (or report) is within verification or other activities to assess
the purview of P.D. 1586 1.2b EMD Director/RD refers or validate complaint)
complaint to Pollution
Adjudication Board (PAB), or
Scenario 2: Discovery of government entities/LGU’s
violation either from: with direct mandate on the PROCEED TO STEP 3.0
complaint
(1) Field Monitoring
(2) Field Inspection 2.2a Within 72 hours DENR-EMB send
No44 Proponent a Notice of Adverse Findings
(3) Field Surveillance
(NAF) and requests for an official reply
(4) Desk Review as to why the Proponent should not be
2.0 DENR-EMB office penalized (EMB may conduct field
Y validation, site inspection and
concerned shall verify if the 2.1 Complaint (or
complaint (or report) is report) is actionable verification or other activities to assess
within the purview of P.D. under P.D. 1586? or validate complaint)
1586
PROCEED TO STEP 3.0
3.0 Proponent responds in 7 3.1a Case deemed submitted for decision. Case Handler (CH) may call for
days Y Technical Conference (TC) or Technical Hearing (TH) to clarify issues and
request for additional information

No

3.1b DENR-EMB sends 3.2 EMB holds TC or TH: 3.4 CH drafts/Hearing Officer issues the
Proponent a Show Cause Letter Case Decision Document (CDD) to the
(SCL) as to why penalty or fine Whether Proponent attends Proponent:
will not be imposed. or not, case is deemed
submitted a) Clearance Letter (CL)
b) Disposition/Agreement and/or Order
of Payment
4.1b Proponent files for Motion for Reconsideration (MFR) 4.0 Proponent appeals NOV?

No

5.1a EMB issues Clearance Letter 5.0 complied w/ NOV and 4.1a 1St Follow-up Investigation
paid fines/penalties?
Y
No 6.0 EIAMD refers case to EMB
Legal
 The EMB CALABARZON REGION
DIRECTORY

Address : 6th Floor DENR by the Bay,

1515 Roxas Blvd., Ermita, Manila

Telephone Numbers : (02) 536-97-84 - Office of the RD

(02) 525-03-48 - PCD
(02) 522-81-77 - EIAM Division
(02) 536-30-95 - Records

Fax Numbers : (02)536-97-84

(02) 450-8088 - Planning
(02) 522-4534 - Solid Waste
(02) 522-81-77
Email Add : [email protected]
Website : calabarzon.emb.gov.ph