Assessing the Environmental Impact Assessment System: A Legal Review of the Philippine EIA System

Abstract / Excerpt:

I. Introduction and Context to the Philippine EIA System

An Environmental Compliance Certificate (ECC) of a banana plantation in Davao City has this item as a conditionality: "that the following stipulations on buffer zone shall be complied with: (a) that no planting shall be undertaken within 20 meters from the embankments, side slope at major rivers; and (b) that a buffer zone of at least 30 meters from springs shall be provided." Other provisions on the buffer zone also indicate that "lot boundaries shall be planted with perennial trees/legumes to provide buffer/safety against pesticide drifts coming from within and/or from the outside shall be maintained."

Full Text

I. Introduction and Context to the Philippine EIA System
An Environmental Compliance Certificate (ECC) of a banana plantation in Davao City has this item as a conditionality: "that the following stipulations on buffer zone shall be complied with: (a) that no planting shall be undertaken within 20 meters from the embankments, side slope at major rivers; and (b) that a buffer zone of at least 30 meters from springs shall be provided." Other provisions on the buffer zone also indicate that "lot boundaries shall be planted with perennial trees/legumes to provide buffer/safety against pesticide drifts coming from within and/or from the outside shall be maintained."
A review of some ECCs in Davao City Indicates that this buffer zone provision is apparently a standard conditionality in all Environmental Compliance Certificates (ECC) of banana plantations. The Pilipino Banana Growers and Exporters Association (PBGEA) claims that the Ordinace Banning Aerial Spraying with its provision on the 30-meter buffer zone is unreasonable and constitutes confiscation or deprivation of property without due process of law. The case PBGEA has against the City Government of Davao is still pending; however, this ECC provision on 30-meter buffer zones is implemented without protest from the project proponents and is part of a continuing implementation of the ECC. There have been reports though from members of communities living near or beside these banana plantations that these conditionalities are not complied with, and thus, should be subject to penalties under the law. Unfortunately, no official record of violations have been recorded for this type of conditionality.

Info
Source JournalMindanao Law Journal
Journal VolumeMindanao Law Journal Vol.3 No.3
AuthorsAtty. Raymond Quiocho Salas
Page Count12
Place of PublicationDavao City
Original Publication DateOctober 1, 2011
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