Dear PAO,
My sister, an overseas Filipino worker, is planning to build a resort on her property. She is aware of the different environmental regulations and permits that we must obtain. An important requirement passed to us is the Environmental Compliance Certificate (ECC), which we are prepared to comply with. Since my sister will be investing her hard-earned money in this project, she is eager to start accepting clients as soon as possible to quickly recoup her investment. She asked if the complex will be able to start operating immediately once the ECC is issued.
Lonte

Dear Lonte,
The requirement for an Environmental Compliance Certificate (ECC) for a certain project is specifically provided for in Article 4 of Presidential Decree 1586, which provides:

“The President of the Philippines may, on his own initiative or on the recommendation of the National Environmental Protection Council, declare by proclamation certain projects, undertakings or areas of the country to be environmentally critical. No person, partnership or corporation may undertake or operate such a project or area declared environmentally critical without first obtaining a certificate of environmental compliance issued by the President or his duly authorized representative xxx.”
It is necessary to balance socio-economic development and environmental protection; therefore, the project proponent must conduct studies required by the Department of Environment and Natural Resources Environmental Management Bureau (DENR-EMB) based on the project classification. One of the objectives of such a study or evaluation is to determine the negative impact of the project on the environment. A positive determination would result in the issuance of a Certificate of Environmental Compliance (CEC).

Environmental impact assessment (EIA) is the process of evaluating and forecasting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, exploitation and abandonment. This also includes designing appropriate prevention, mitigation and amelioration measures to address these consequences in order to protect the environment and community well-being (Glossary, Revised Procedural Manual for DAO 03-30 ( DENR Administrative Order 30 Series of 2003))
Assuming for purposes of discussion, that the Environmental Compliance Certificate is required and has been issued. Such a certificate should not be construed as a license to operate as there are requirements set by other government agencies with which you must comply. This finds support in the case of Villar v. Alltech Contractor’s Inc., et al., GR 208702, May 11, 2021, where the Supreme Court, through Associate Justice Rosmari Carandang, stated that:

“It should be understood that an ECC is not a permit to implement a project. Paragraph (d), section 3 of DAO No. 2003-30 defines ECC as: d. Environmental Compliance Certificate (ECC ) – document issued by the DENR/EMB after a positive review of an application by the ECC, certifying that, based on the proponent’s representations, the proposed project or undertaking will not result in an environmental impact The ECC also certifies that the developer has complied with all the requirements of the EIA system and is committed to implementing its approved environmental management plan. The project proponent must take steps before and during the operation of a project and, in some cases, during the abandonment phase of the project to mitigate identified environmental impacts.
“Obviously, a CCE does not authorize the implementation of the proposed project. It is a planning tool that imposes restrictions that the developer must diligently respect and duties that he must assume to ensure the protection of the right to a balanced and healthy ecology. The developer shall obtain relevant permits and authorizations from all relevant government agencies, such as those listed in Annexure “B” of the ECC issued to Alltech, prior to implementation of the project. The promoter must ensure compliance with all requirements. conditions and requirements set out in the ECC before the implementation of the proposed project can begin.

Applying the above decision to your situation, the issuance of environmental compliance is the result of the positive review of the application, based on the proponent’s representations that the proposed project will not result in a significant negative environmental impact . It contains specific measures and conditions that must be respected before and during the operation of the project, but it cannot be interpreted as an operating permit because the developer must still obtain the necessary permits and authorizations from all government agencies concerned before the project is carried out. implementation of the proposed project.

We hope we were able to answer your questions. This advice is based solely on the facts you have recounted and our assessment of them. Our opinion may change when other facts are changed or expanded.

Editor’s note: Dear PAO is a daily column from the public prosecutor’s office. Questions for Chief Acosta can be sent to (email protected)