Revised Rules of the Pollution

Adjudication Board (PAB) on Pleading,

Practice and Procedure in Pollution
Cases

PCO Basic Training

25-29 August 2015
PAB Resolution No.1 series of 2010

Revised Rules of the Pollution Adjudication

Board (PAB) on Pleading Practice and
Procedure in Pollution Cases

Signed: 29 June 2010

Published: 02 December 2010
Effectivity: 17 December 2010
Pollution Adjudication Board

The Pollution Adjudication Board

(PAB) is a quasi-judicial body
created under Section 19 of
Executive Order 192 for the
adjudication of pollution cases.

Page 1 PAB Res 01-2010

Pollution Adjudication Board
*Organizationally under the supervision of
the Office of the Secretary of the
Department of Environment and Natural
Resources (the DENR),

*The Environmental Management Bureau

(EMB) provides the Secretariat support.
Organizational Placement of PAB
Co-equal w/ RTC

Sec.7 (d) of PD 984 - Execution of decision

Any decision or order of the Board, after
the same has become final and
executory, shall be enforced and
executed in the same manner as
decisions of Courts of First Instance, …
Composition of the Board

Chairman: DENR Secretary

Members:

2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary
Present Composition of the Board

Chairman:DENR Secretary Ramon J.P. Paje

Presiding Officer: Usec. Demetrio Ignacio

Members:
Usec. Manuel Gerochi
EMB Director (Atty. Jonas Leones)
Dr. Anthony Chiu (Academe)
Engr. Jeffrey Mijares (Industry)
For. Renato de Rueda (NGO)
 Applicability of PAB Res. 1-C:

All pollution cases involving violation of

pollution control laws and environmental
laws and prohibited acts cognizable by the
PAB for adjudication pursuant to RA 8749,
RA 9275, PD 1586, RA 6969, and RA 9003
in relation to RA 9275 and their IRRs,
brought before the Board.
 Nature of Proceedings
• Summary in nature subject to the basic
requirements of due process;
• Technical rules on evidence obtaining in
Courts of law shall not bind the Board and the
Regional Offices;
• Rules of Court shall not apply in proceedings
before the Board except by analogy or in a
suppletory character and only whenever
applicable.
 Jurisdiction of the Board
• Adjudication of pollution cases, and all other
matters related thereto, including the
imposition of administrative sanctions.
Expanded Jurisdiction of the Board
1. Violations under the Philippine Clean Air Act of
1999 (R.A. 8749)
Exceedance of air emission standards;
Operating without permit to operate air pollution
source installations; Imposition of fines.
2. Violations under the Philippine Clean Water Act
of 2004 (R.A. 9275)
Exceedance of the effluent standards;
Committing any of the prohibited acts under
Section 27 of RA 9275; Imposition of fines.

Page 7 PAB Res 01-2010

3. Violation under P.D. 1586 (Philippine
Environmental Impact Statement System) and its
IRR as defined in Section 27 (h) of R.A. 9275;
4. Unauthorized transport and dumping into sea
water solid wastes as defined in RA 9003;
5. Violations under RA 6969 (Toxic Substances
and Hazardous Wastes Act)
a. Illegal transport or dumping or discharge of
prohibited chemicals, substances or
pollutants listed under R.A. 6969;
b. Operating facilities that discharges hazardous
substances into water bodies
 General Powers of the Board
1. Issue orders or decisions to compel
compliance with the provisions of PD 984 (now
CWA) and its implementing rules and
regulations only after proper notice and hearing;

2. Make, alter or modify orders requiring the

discontinuance of pollution specifying the
conditions and the time within which such
discontinuance must be accomplished;
 General Powers of the Board
3. Issue, renew, or deny permits, under such
conditions as it may determine to be
reasonable, for the prevention and abatement
of pollution, for the discharge of sewage,
industrial waste, or for the installation or
operation of sewage works and industrial
disposal systems or parts thereof:
 General Powers of the Board
4. Serve as arbitrator for the determination of
reparations, or restitution of the damages and
losses resulting from pollution;

5. Deputize in writing or request assistance of

appropriate government agencies or
instrumentalities for the purpose of enforcing the
law and its implementing rules and regulations and
the orders and decisions of the Board ;
 General Powers of the Board
6. Exercise such powers and perform such other
functions as may be necessary to carry out its
duties and responsibilities under this Rules.

7. Issue to the City or Provincial Sheriff or duly

constituted authorities whom it may appoint,
such writs of execution as may be necessary for
the enforcement of such decisions or orders;
 General Powers of the Board
8. Promulgate rules and regulations for the
delegation of the powers and functions of the
Board to the Regional Offices of the Department
EXPANDED POWERS OF THE BOARD
Section 45 of RA 8749 (CAA) the Board
shall
1. Impose fines against the owner or operator
of a stationary source
2. Prepare a fine rating system to adjust the
maximum fine based on the violator’s ability
to pay, degree of wilfulness, degree of
negligence, history of noncompliance and
degree of recalcitrance,
3. Order the closure, suspension of development
or construction, or cessation operations of the
stationary sources until such time that proper
environmental safeguards are put in place, and;
4. Issue an ex-parte order for such closure,
suspension of development or construction, or
cessation of operations.
Under Section 48 of the Clean Air Act,
the Board shall:
5. Recommend to the proper government
agencies the filing of appropriate criminal
charges against the violators of the Act.
6. Assist the public prosecutor in the litigation
of cases.
7. Adopt and promulgate the rules of practice
and procedure in air pollution cases from
stationary sources under this Act, pursuant to
Section 2, Rule L of the IRR of Clean Air Act.
Under Section 28 of R.A. 9275, Clean Water Act
of 2004, the Board shall:
8. Recommend to the DENR Secretary the imposition of
fines for acts of omission prohibited under Section 27 of the
CWA.
9. Recommend to the DENR Secretary the issuance of
Cease and Desist Order (CDO) for acts of omission
prohibited under Section 27 of the Act.
10. Recommend closure, suspension of development or
construction, or cessation of operations or, where
appropriate, disconnection of water supply under Section
28 of the Act.
Under Section 28 of R.A. 9275, Clean Water Act
of 2004, the Board shall:

11. Recommend filing of criminal charges against

violators of acts prohibited by Section 28.

12. Recommend to the DENR Secretary to order the

Local Water District or private water supplier to
disconnect the water service of the violator.

13. Revoke or suspend a discharge permit.

14. Determine liability for clean-up.

Rule IV: Actions and Parties
 WHO MAY BE PARTIES?
*Any person, party, entity who has an interest
in the subject of the action may be a party to a
case or proceeding before the Board or the
Regional Office.

Complainant --- the party initiating a complaint;

Respondent --- the party against whom a
complaint is filed.
 WHEN ACTION IS DEEMED
COMMENCED

1. upon the filing of a complaint with the

Board or with the Regional Office,
PENRO or CENRO, or

2. by the issuance of a Notice of Violation

(NOV) by the Department, Regional
Office, PENRO or CENRO
• For complaints filed directly with the PAB,
the PAB may choose to assume
jurisdiction over the case at once or
remand the case to the Regional Office.
• All complaints filed with the PENRO or
CENRO, and all Notices of Violation
issued by them, shall be endorsed to the
EMB Regional Office within three (3) days
for disposition in accordance with these
Rules.
 FORM AND CONTENTS OF
COMPLAINTS

- complaint shall be in writing and under

oath;
- drawn in clear and concise language
whether in Filipino or English;
- shall specify the full names and
addresses of the complainants,
respondents and witnesses, if any;
 FORM AND CONTENTS OF
COMPLAINTS
- Must state the ultimate facts
constituting the cause or causes of
action or specific violation of law or
rules and regulations;
- other information pertinent to the
ultimate facts
- shall specify the remedy or relief
sought
MOTIONS, PLEADINGS AND POSITION
PAPERS

• Except for the complaint: (1 copy)

Regional Office: 7 copies
PAB: 14 copies
 CAPTION AND TITLE
If the action is initiated by persons other than the Department, the
caption shall be:

Republic of the Philippines

Department of Environment and Natural Resources
Pollution Adjudication Board
(Office Address)

In the Matter of the Water/ Case No. (Precede the case

Air Pollution Control and number with PAB, RO
Abatement Case to indicate origin)
[Violation of the Specific Law]

-versus- For: (State the nature/cause of action)

Respondent
X--------------------------------------------X
 EFFECT OF WITHDRAWAL OF
COMPLAINT

The withdrawal of the complaint shall not

result in the automatic dismissal of the
case. The Board or Regional office may
motu proprio pursue the same if it deems
it necessary in the interest of public
welfare and safety
EFFECT OF TRANSFER OF INTERESTS

In case of any transfer of interest, the

action may be continued by or against
the original party, unless the Board
orders the person to whom the interest
is transferred to be substituted in the
action or joined with the original party
ACTION UPON COMPLAINT
A. COMPLAINTS DIRECTLY FILED WITH THE BOARD OR CASES WHERE
THE BOARD MOTU PROPIO ORDERS INVESTIGATION

PAB
(endorsement within 3 days)

Regional Office
(within 3 days, shall conduct investigation,
and within 7 days shall report to PAB re
action taken, result of investigation, status
of the case and further action
recommended to the Board )
B. COMPLAINTS FILED WITH OR CASES ENDORSED TO THE REGIONAL
OFFICE

Regional Office
(EMB RD or rep shall within 3 working
days upon receipt, order the
investigation of the complaint)

Investigation and Report by the Regional

Office
(Within 10 days from investigation or within 3 working days after
the samples taken have been analyzed, the Regional Office
shall submit a report on the action taken by the Office, the
result of investigation and the status of the case to the
originating Office and the Board)
(Note: Where the case has already been elevated to the Board, the party may
request for a copy of the investigation report within 5 days from the
submission of report by the Regional Office )
Procedural Flow of Pollution
Cases
 COMPLAINT
Investigation
Contents of NOV
(sampling, lab exam, lab results) 1. Complaint
2. Investigation,
inspection or
monitoing report
Notice of Violation by the RD 3. Laws or rules
violated
(if there is prima facie evidence of violation) 4. Date of TC
5. Immediate or
urgent next
steps or
measures, if
any
Interim CDO by RD
(effective for 7 days; of there is
prima facie evidence that
pollution constitutes threat
Technical Conference
((
to life, public( health, safety (Hearing of the case where evidence is
or welfare, or to animal or presented by respondent and
plant life or pollution greatly
exceeds the allowable DENR measures are identified and agreed
standards) upon)
Interim CDO Tech Conf

Testing and Monitoring of

Compliance

Transmittal of Records to PAB

(If respondent is found compliant, for computation and
imposition of fines)
 Interim CDO

Confirmation of CDO by PAB

Implementation of the CDO

(implementation ,not later than 72 hrs. Report, witin 48
hrs from implementation)

Temporary Lifting Order

(Comprehensive Pollution Contol Program/ Sampling Purposes)
NLT 72 hrs

Formal Lifting of the CDO

(after two successfull consecutive sampling, &
payment of fines)
 Failure to comply

Resolution by PAB

Reinstatement of the CDO and

payment of fine, filing of
criminal case by appropriate
government agency upon
finding of gross violation (CAA
and CWA)
Issuance of Cease and Desist Order
• There is prima facie evidence that
emission/discharge of pollutants
constitutes immediate threat to life, public
health, safety or welfare or to animal or
plant life or greatly exceeds the allowable
DENR Standards the RO may issue Interim
CDO effective for a period not more than 7
days. Same may be confirmed into regular
CDO by the PAB
 Remedy of Respondent

• May contest the Order by filing a

Motion to lift the CDO with proof of
service of copies thereof to the ROs and
parties concerned. The filing of the
Motion shall not stay the enforcement
and execution of the CDO.
 Show Cause Order

• May be issued instead of CDO if:

1. The results of a series of effluent
samplings show a marked decrease in
the values of the relevant parameters;
2. The values of the relevant parameters
are not far from the DENR Standards.
 Temporary Lifting Order (TLO)
• May be issued by the Board after
Respondent show satisfactory
compliance with specified conditions; it
provisionally set aside the effect of a CDO
and allow limited operation of a facility
or industry but only for a specific
purpose or for a limited period. (to
implement a pollution control program;
to conduct sampling; and for payment of
fines)
Requirements for issuance of TLO
• Comprehensive pollution control program
(CPCP) duly signed by the owner (sole
proprietorship) or by the managing head
and/or Board Secretary duly authorized by
the Board of Directors (corporation). Shall
include plans & specifications of anti-
pollution facility, budget, Gantt chart of
activities, etc.
• Surety Bond (25% of total cost of CPCP);
• Detailed description of the interim remedial
measures to address the source of pollution
within the shortest time possible;
• Proof of employment of a duly accredited
Pollution Control Officer;
• Notarized undertaking/commitment to
comply with the conditions imposed by the
Board.
• Firms under TLO are required to submit
WEEKLY PROGRESS REPORT indicating status
of rehabilitation/implementation of the CPCP,
percentage of work completed, etc.;
• A Motion for the extension of the period
specified in the TLO may be filed at least 15
days before the expiration of the TLO (with
proof of service of copies thereof to the RO
and parties concerned).
Formal Lifting Order and Termination
of the Case

• Effluent/emission have passed the DENR

Standards after two consecutive
samplings taken from its completed
WWTF or APCF, provided Respondent has
fully paid the fines imposed upon it.
 Computation of Fines

• In accordance with existing guidelines;

• Reckoned from the date of sampling until
the date of actual cessation of the
pollution or actual shut down of the
source of pollution unless the actual
number of days is proven otherwise by
the Respondent
 Gross violation

• Deliberate discharge of toxic pollutants

identified pursuant to RA 6969 in toxic
amounts
• Five (5) or more violations in two (2) years
• Blatant disregard of the orders of the PAB, such
as non-payment of fines, breaking of seals or
operating despite order of closure,
discontinuance or cessation of operation
 Cost and Expenses
• Actual expenses incurred in the technical
conferences, hearings, samplings and
inspections shall be for the account of the
respondent.
THANK YOU