ANNEX 2-27 ANNEX 2-27 SAMPLE PROGRAM FOR PUBLIC HEARING/PUBLIC CONSULTATION WITH SUPPLEMENTING GUIDELINES

Public Hearing/Public Consultation1,2 Program

Project Title: __________________________________________________________________ Project Location (Province/Region): ________________________________________________ Date and Time of Scoping: _______________________________________________________ Scoping Venue/Address: _________________________________________________________ Project Proponent & LGU Involved: _________________________________________________ Time Allotted Program of Activities Person Responsible

1 hour 30 mins. (7:30-9:00 am/ 12:30-2:00 pm) 5 mins. each (15 mins.) 9:00 9:15 am / 2:00 2:15 pm)

Registration National Anthem Invocation Opening Remarks Introduction on the Conduct of the Public Hearing/Consultation and Target Objective/Outcome Brief presentation on project background, description, location, implementation schedule and other information or facts regarding the project and the result of the EIA on impacts, measures, commitments Snacks Open Forum Agreements in Public Hearing/Consultation Open Forum; Summary of issues/concerns /impacts raised by the public and Response of the Proponent. Closing Remarks and Next Steps in the EIA Process LGU (Mayor, Brgy Captain Councilor) LGU Representatives Chief of EMB EIAMD PH: Public Hearing Officer PC: Proponent Representative Proponent Representative/EIA Preparer

45 mins. (9:15-10:00 am / 2:15 3:00 pm)

15 mins. (10:00 10:15 am/ 3:00-3:15pm) 1 hour (10:15 11:15am / 3:45 -4:15pm) 30 mins. (11:15-11:45 pm/4:15 -4:45pm)

PH: Public Hearing Officer PC: Proponent/EMB Rep PH: Public Hearing Officer PC: Proponent/EMB Rep

15 mins. (11:45-12:00 nn/4:45-5:00 pm)

PH: Pubic Hearing Officer PC: EMB Rep

1 2

Publication of a notice of public hearing once a week for two (2) consecutive weeks in any newspaper of general circulation with the second publication undertaken at least 15 days prior to the scheduled hearing. If Public Consultation were instead required, there is no need to observe the PH publication dates. The PH Program may be retained without need for a Public Hearing Officer. The PH Guidelines below shall still apply where analogous/applicable to Public Consultation scenario. The Proponent prepares the Public Consultation Report for submission to the EMB at same timelines as the PH Report. The Public Consultation Report shall be subject to review by the EIA Review Committee/Technical Committee and further evaluation by EMB prior to final recommendation on the application.

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Public Hearing Guidelines

A. General Considerations
1) A public hearing is a formal process that is initiated, planned and conducted by the DENR. It is designed to promote dialogue or communication between and among the project proponent, the DENR and the public for the purpose of exchanging information and views. It provides a forum for the proponent and the DENR to understand community values or needs and appropriately respond to them. Further, it serves as a venue to test alternative options for resolution of issues or conflicts. 2) It should be noted that the Public Hearing is not the appropriate venue to ensure that the findings of the EIA study had been communicated to the stakeholders. The communication by the preparers or proponents of the EIA study highlights should have been completed before the submission of the EIS. The processes, methods and proofs of the feedback to the stakeholders should be described in the Process Document. As such, the conduct of Public Hearing with the primary aim of communicating the EIA results to the stakeholders is not a sufficient basis to require a public hearing.

1.

Pre-Public Hearing

3) In coordination with DENR, the proponent at its own expense shall cause the publication of a notice of public hearing once a week for two (2) consecutive weeks in any newspaper of general circulation with the second publication undertaken at least 15 days prior to the scheduled hearing. For example, the notices are published for two consecutive Wednesdays with the hearing conducted 15 days after the second publication. Notice-publication of Public Hearing (format and text) must have prior written approval of EMB or DENR RO. 4) Notices shall likewise be posted in conspicuous places in the municipality and barangay where the project is proposed to be located at least 15 days prior to the scheduled hearing. Announcements of hearing may also utilize popular forms, e.g., radio, public address system, posters, Sunday mass or service. The proponent shall shoulder the expenses incurred for such notices. The selection of venue, schedule and manner of handling the Public Hearing must take due consideration of local culture and lifestyle. 5) When the stakeholders do not have access to the usual means of communication, the proponent must utilize other forms of information dissemination such as radio, distribution of flyers, publication in local newspaper/s, etc. so that people will promptly learn about the Public Hearing and have adequate time to prepare for participation in the process. 6) The announcement of public hearing shall conform to the DENR approved format. The notice should encourage early registration of participants and submission of position paper/s. These position papers may be formulated by interested parties (e.g., academe, NGOs/POs, LGUs, etc.) in support or in opposition relative to certain issues or components of the project. In order to ensure maximum participation, proponents of projects located in the region must also publish the Notice of Public Hearing in a regional or local newspaper of general circulation in the project area. Also, Notice of the Public Hearing should be provided in non-written means such as radio, etc. especially if stakeholders who have no access to written means of information have been identified. 7) The proponent should ensure the attendance of stakeholders, particularly the LGU officials and leaders of key sectoral organizations or communities within the Direct Impact Areas (DIAs) and other legitimate stakeholder representatives in the Indirect Impact Areas (IIA). Annex 2-2 provides guidance on determination of DIA and IIA while Annex 2-3 provides guidelines on stakeholder identification. The number of attendees in the Public Hearing is not as important as the presence and active participation of the DIA/IIA LGU officials as well as the diversity of sectors that have legitimate interests or valid issues on the proposed development. 8) The DENR shall conduct the public hearing with the assistance of the proponent and preparer. The Public Hearing shall be scheduled by the DENR and the proponent in consultation with other key stakeholders. All public hearings shall be summary in nature and shall not strictly adhere to the technical rules of evidence. 9) Public hearings shall be open, without the need for a formal invitation, to all interested groups with valid concerns about the proposed project.

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10) a)

Provision of EIA Report copies to the public:

The proponent shall provide at least one (1) complete copy of the EIA Report to the EMB Office, which is administratively designated as directly responsible for overseeing the preparations and conduct of the Public Hearing. The EIA Report can be used as reference by stakeholders who want to review the document for drafting their position on the project. The proponent shall also provide at least one (1) copy of the EIA Report to each of the host municipalities and at least one (1) copy of the Executive Summary to each of the host barangays. The copies must be lodged at the development council offices or libraries of the concerned LGUs for easy access by the people. The proponent shall further provide copies of Project Fact Sheet (2-3 paged document) to the concerned EMB and host LGUs (at barangay and municipality levels). The fact sheet is preferably written in the local dialect or in a popularly understood language of the host communities. The proponent shall take the initiative and effort to ensure copies of the Project Fact Sheet actually reach the major stakeholders of the project. The fact sheet must specify that full copies of the EIA Report or Executive Summaries can be accessed at the EMB or concerned LGUs.

b)

c)

11)
a)

Selection of a Public Hearing Venue

The determination of the venue for the public hearing is a critical element of the entire process. It can pre-determine or prejudiced the success or failure of the exercise. As such, utmost care must be exerted to select the most optimum venue. The DENR-EMB office concerned, in coordination with the EIS preparers, shall determine the venue for the public hearing. The venue must be neutral, i.e., it is not identified or associated with a party who is in favor of or against the project. Further, the venue must not be conducted in a government location (e.g., office, conference hall) of a government unit or agency that has regulatory control, jurisdiction or interest over the project. For example, municipal halls are not ideal venue inasmuch as the proponent has to secure endorsements or permits from the LGU. Also, the LGU may be identified or perceived to be supportive of or against the project. The selection of a private venue, on the other hand, does not guarantee neutrality. The same degree of care must be exerted in selecting private venues (e.g., hotel).

b)

12) Designation of a Hearing Officer

a) The EMB Director or DENR-EMB RD shall designate a hearing officer with the following qualifications: i) ii) iii) iv) b) of known probity and independence; familiarity with rules and procedures in the conduct of public hearings; skill in effective dispute and conflict resolution; and sensitivity to the need for social acceptability and public participation in the EIA process.

A hearing officer need not be a lawyer nor a DENR personnel. A professional moderator/facilitator who possesses the necessary qualifications may be designated as hearing officer.

13) Powers and Duties of Hearing Officer

b) c) A hearing officer shall have the power and authority to conduct the proceeding with the aim of eliciting information and facts to support the substantive review of the EIARC. A hearing officer shall ensure that all participants are given the opportunity to be heard and to ventilate their positions/concerns regarding the project. Furthermore, the public hearing officer should ensure that these concerns are adequately discussed. A hearing officer shall endeavor to identify options for possible resolution of issues and conflicts. He shall submit a report of the proceedings to the EIARC within 10 days after the hearing. He may also be called upon by the EIARC to give a verbal report even prior to the submission of the formal report for purposes of facilitating the review process. The report shall be an assessment of issues discussed or events that transpired during the public hearing, and the findings or recommendation of the public hearing officer. To facilitate the preparation of the report, the hearing officer may require the proponent/preparers to engage the services of a stenographer (or equivalent) to prepare the transcript of the session.

d) e) f)

g)

1. 1)
a)

Public Hearing Proper Matters to be Discussed in a Public Hearing

The hearing, as much as practical and possible, may deal with any or a combination of the following themes:

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i) ii) iii) iv) v) vi) vii) viii) b) the proponent, especially their responsibilities to the community; the project, including its elements or components, its implementation and related development; the elements and features of the environment likely to be affected by the project; the impact, as identified and assessed; the option, as studied and evaluated; monitoring, follow-up, enhancement, and mitigating measures; negotiated settlements or compensations assurances and guarantees for compliance to the environmental management plan

Procedures of the EIA review process and grounds for appeals may also be discussed during the hearing to inform the stakeholders about their rights.

a.
a) Set the proper tone for the public hearing

Conducting a Public Hearing

This can be done by singing the national anthem and delivering an invocation. An opening remark may also be given to provide a briefing and orientation on the purpose of the public hearing, the EIS System, and other such relevant information. b) The Hearing Officer explains the rules governing the conduct of the public hearing. Examples of rules that should be emphasized include, among others, the following: i) ii) iii) iv) c) comments should be based on correct and updated information discussions should be directly relevant to the issue at hand comments should be made on behalf of public interest not personal interest proper decorum (ex. no cat calls, no booing)

The first part shall be the presentation of all information or facts regarding the project and the result of the EIA. The presentations should be comprehensive and should be clearly communicated in the language that would be easily understood by the public. An interpreter should be readily available in case some aspects of the information need to be translated in the local dialect. There should be no interruption during the presentations except for clarification. The second part of the public hearing should be devoted to entertaining questions, i) comments, reactions, and ideas.

d)

During this part of the public hearing, the hearing officer should insure that heated or emotional debates and arguments are avoided. The opportunity to ventilate valid issues and concerns should be maximized. This process should be well managed to maximize participation and get a balanced view of those who are for and against the project. To the extent possible, there must be full representation across the broad sectors of the various stakeholders or interest groups. As much as possible before the start of the public hearing, the following should be determined: project? Do we require registration of speakers for and in behalf of certain groups? Do we require written comments? What if stakeholders like indigenous groups cannot write? How should speakers be chosen? One for (pro) followed by one against (con) the

ii)

iii) iv)

Participants may ask questions about specific points in the impact study. They may raise new points. In some cases, they may take the liberty of assessing the content of the impact study, challenging the data, the methodology, or even the interpretation of the data. They may also interpret or re-interpret the results of the proponent's analysis. Finally, they may go well beyond the content of the impact study, introducing new information and assessments. Resource persons may be invited to present technical information or shed light on certain issues. However, it is the responsibility of the proponent and preparer to make available the EIA team to answer questions or issues raised during the hearing. The facilitator should be sensitive to the socio-cultural dynamics of the project area to be able to assess and determine valid issues and accordingly deal with them properly during the process.

Assessing the Validity of an Issue Raised In the conduct of an EIS, there are many issues or concerns that can surface. One should be able to distinguish between a valid issue/concern from that which is largely politically motivated or personal in nature. To assess the validity and legitimacy of an issue raised, the following guide questions should be answered: Are the issues or concerns raised based on correct and updated information? Are these issues or concerns directly relevant to the project being assessed? What are the motivations of those who raised these issues, public interests or personal interests?

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v) Summarize issues/concerns/impacts raised by the public and response of the proponent. All the issues and concerns raised and discussed should be synthesized by the Hearing Officer and presented to the public for validation. The synthesis shall include the summary of agreements, commitments, assurances and guarantees of the proponent on relocation and appropriate compensation of displaced population and other affected parties.

2.

Post-Public Hearing

16) Proponent Documentation: The proponent must carefully document (in audio and preferably in
videotape form) all public hearings. Such documentation shall be submitted to the Hearing Officer who shall validate and carefully analyze the process and results. The process documentation and relevant attachments (transcripts, proceedings, videotapes, etc) shall be submitted by the proponent within five (5) working days to the EIARC, copy furnished the public hearing officer. The process documentation shall include the following: a) b) c) d) e) f) list of directory of participants the issues, concerns, interests raised or addressed during the public hearing. the sequence of significant activities undertaken or issues addressed the process by which agreements or resolutions were arrived at the stakeholders and key players who most actively participated, those who were present but were quiet, those who were not represented the outcome of the activity or undertaking

As a rule, the EIARC shall prescribed the appropriate feedback mechanism/s (e.g., manner of providing copies of the documentation) for those who demand it and those deemed by the EIARC as needing it.

16) Public Hearing Report by Public Hearing Officer: The Public Hearing Officer shall submit a Public Hearing Report within ten (10) working days to the EIARC. The Public Hearing Report shall have the following formats and/or contents:
a) b) Project Background project description, location, implementation schedule and other details as presented during the public hearing. Public Hearing Proceedings administrative arrangements (e.g., background on why public hearing was required, schedules and actual time utilized, venues, logistical supports provided, etc.), summary/list of participants, and general assessment of the conduct of the public hearing. Summary of Issues and Discussions a summary (with annotation or reference to the detailed transcriptions, if necessary) of issues and concerns raised during the public hearing, the parties concerned (the one who raised the issue and the responding party), resolution/s or agreement/s. Recommendations and Conclusions findings, recommendations and/or conclusions of the Public Hearing Officer especially with regard to the issues or concerns raised by the stakeholders AND assessment or determination if the basis or reasons why a public hearing was required had been resolved. Essentially, the report is an assessment of issues discussed or events that transpired during the public hearing, and the findings or recommendation of the officer. The PH Officer may also be called upon by the EIARC to give a verbal report even prior to the submission of the formal report for purposes of facilitating the review process.

c)

d)

e)

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