THE POLLUTION

ADJUDICATION

BOARD (PAB)

LANDMARK CASES DECIDED BY THE

SUPREME COURT

OPOSA VS. FACTORAN, JR. (224 SCRA 792) 1993

FACTS: 44 children on behalf of their generation and

future generations, filed a petition with the Court

requesting that DENR cancel timber license

agreements, and order the agency to cease and

desist from granting more timber license agreements

ISSUE: Whether the children had legal standing

(locus standi) to bring the case

RULING: The children had standing based on the

concept of Intergenerational Responsibility

LANDMARK CASES DECIDED BY THE

SUPREME COURT

MMDA VS. CONCERNED RESIDENTS OF MANILA BAY

FACTS: On January 29, 1999, respondents Concerned Residents of Manila Bay filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite against several government agencies, among them the petitioners, for the cleanup, rehabilitation, and protection of the Manila Bay. The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards set by law

ISSUE: Can Petitioners be compelled by Mandamus to clean up and rehabilitate Manila Bay?

MMDA VS. CONCERNED RESIDENTS OF

MANILA BAY

RULING: The Government agencies through a

Continuing Mandamus are compelled to clean up

Manila Bay

WHO MAY BE PARTIES

any person, party, or entity who has interest in

the subject of the action

DENR(Regional Office, PENRO)

COMPLAINANT-party initiating the action

RESPONDENT-party against whom the complaint

is filed

WHEN ACTION IS DEEMED COMMENCED

Upon filing of the complaint with the

Board, Regional Office, PENRO or

CENRO or

By the issuance of a Notice of

Violation by the Regional Office

DISCOVERY OF VIOLATION FROM COMPLAINTS

AND MONITORING SOURCES

DENR- EMB office

concerned shall verify the

complaint or report if it is

within the purview of P.D

1586

EMB Director refers the

Complaint to Pollution

Adjudication Board (PAB) or

government entities/LGUs

Within 72 hours DENR-EMB

send Proponents Notice of

Alleged Violation

-request for Official Reply

-field validation, inspection

and verification(to validate the

complaint)

NO YES

COMPLAINT UNDER P.D 1586

Issuance of

NAV/NOV

Proponent responds in

7 days

Case Handler calls Technical

Conference( clarify the

issue/request for addtl info)

Case deemed submitted for

Decision whether to issue:

1. Clearance letter

2. Order of Payment

Discovery of violation

either from:

-Field Monitoring

-Field Inspection

-Field Survey

-Desk Review

THE POLLUTION ADJUDICATION

BOARD (PAB)

Created under Executive Order 192 (Section 19)

or the Reorganization Act of the Department of

Environment and Natural Resources

Quasi-judicial Body

Adjudication of Pollution Cases

The PAB is 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.

POLLUTION ADJUDICATION BOARD

Organizational Placement co-equal w/

RTC

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

decision Any decision or order of the Commission,

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 PAB

Composed of the following:

Chairman: DENR Secretary

Members:

2 DENR Undersecretaries

EMB Director

3 others to be designated by the

Secretary

PRESENT COMPOSITION OF PAB Chairman: Sec. Ramon J.P. Paje

Presiding Officer: USEC. Demetrio L.

Ignacio, Jr.

Members:

USEC. Manuel D. Gerochi

Atty. Juan Miguel T. Cuna

For. Renato A. De Rueda

Dr. Anthony S.F. Chiu

Engr. Jeffrey G. Mijares

NATURE OF PROCEEDINGS UNDER THE PAB

Summary in nature

Technical rules on evidence in courts of law shall

NOT bind the Board and Regional Offices

GENERAL RULE: The Rules of Court shall NOT

apply in proceedings before the Board

EXCEPTION: By analogy OR in a suppletory

character AND only whenever applicable

ADMINISTRATIVE DUE PROCESS

-SUBSTANTIAL EVIDENCE

GENERAL JURISDICTION OF THE BOARD

EXCLUSIVE jurisdiction over adjudication of POLLUTION cases AND all other matters related thereto, including imposition of administrative sanctions

POLLUTION

ANY ALTERATION of physical, chemical or biological properties of any water, air, and/or land resources of the Philippines OR

ANY DISCHARGE OR EMISSION thereto of any liquid, gaseous or solid wastes as will be likely to create or

render such water, air and land resources harmful,

detrimental or injurious, to public health, safety or

welfare or which will adversely affect their utilization

for domestic, commercial, industrial, agricultural,

recreational or other legitimate purposes

EXCEPTION TO EXCLUSIVE JURISDICTION:

When the law provides for a specific forum, that is,

LLDA Law states that it has jurisdiction over pollution

cases affecting the Laguna Lake Region

Jurisdiction of the PAB:

Philippine Clean Air Act of 1999 (R.A. 8749)

Exceeding air emission standards

Operating without permit to operate air pollution

source installations

Philippine Clean Water Act of 2004 (R.A. 9275)

Exceeding DENR Effluent standards (DAO 35)

Committing any of the prohibited acts under

Section 27 of RA 9275

PROHIBITED ACTS UNDER SECTION 27

OF RA 9275

Discharging or depositing materials that could

pollute any water body

Discharging regulated pollutants without valid

discharge permit

Undertaking activities in violation of P.D. 1586

Transport or discharge of prohibited chemicals

under R.A. 6969

Transport or dumping of solid wastes under

R.A. 9003

PROHIBITED ACTS UNDER SECTION 27

OF RA 9275

Transport or dumping of solid wastes into sea

waters

Refusal to allow entry, inspection, and monitoring

by the DENR

Refusal to allow access to relevant reports

Refusal or Failure to submit reports whenever

required by DENR

Refusal or Failure to designate Pollution Control

Officers

POWERS OF PAB AND SANCTIONS UNDER

RA 9275

Recommend to the Secretary, the issuance of Cease

and Desist Orders

Recommend to the Secretary, the imposition of fine

for a minimum of PhP10,000 to a maximum of

PhP200,000.00 per day of violation

Recommend that the proper government agencies

file criminal charges against violators

POWERS OF PAB AND SANCTIONS

UNDER RA 8749

Issuance of Cease and Desist Orders

Imposition of fine for a minimum of PhP10,000

to a maximum of PhP100,000.00 per day of

violation

Recommend to proper government agencies file

criminal charges against violators

PAB POWER TO ISSUE CEASE AND DESIST ORDER

(CDO)

WHEN THE BOARD FINDS PRIMA FACIE EVIDENCE

THAT THE EMISSION OR DISCHARGE OF

POLLUTANTS CONSTITUTE AN IMMEDIATE

THREAT TO LIFE, PUBLIC HEALTH, SAFETY OR

WELFARE, OR TO ANIMAL OR PLANT LIFE, OR

EXCEEDS THE ALLOWABLE DENR STANDARDS, IT

MAY ISSUE OR RECOMMEND TO THE DENR

SECRETARY AN EX-PARTE ORDER (WITHOUT

NEED OF A PRIOR PUBLIC HEARING)

IMMEDIATELY EXECUTORY AND REMAIN IN

FORCE AND EFFECT UNTIL MODIFIED OR

LIFTED BY THE BOARD OR DENR SECRETARY

-the Regional Director, OR his duly authorized

representative, in coordination with the Regional

Executive Director, implement the CDO not later

than seventy two (72) hours from receipt thereof

INTERIM CDO

-issued by the Regional Director

-effective for seven (7) days

SHOW CAUSE ORDER

-the Board may opt to direct Respondent to show

cause why no CDO be issued against it, subject to

the following:

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)

Suspends the effectivity of the CDO and allows respondent to temporarily resume operations

during the pendency of proceedings before the

Board. This will allow respondent to construct/

upgrade its pollution control device

Effective only within the prescribed period given by the board

Upon proper motion of the Respondent

ISSUANCE OF TLO

For implementation of effective Pollution

Control Programs

For sampling purposes

FORMAL LIFTING OF CEASE AND DESIST

ORDER

Termination of the case after full

compliance with the DENR Standards

and full payment of fines without

prejudice to future actions that may be

commenced against the Respondent

as warranted by law or new

circumstances

POLLUTION ADJUDICATION PROCESS

Compliant

Resolution

Non Compliant

Endorse to PAB

Regional Office For inspection/reports

Resolution/Order

Fines/Penalties

Regl Office

Execute

Order

1 Regional Offices should submit copies of all NOVs to the PAB

- Monitoring

- Complaint

-Inspection

Report

NOV1

Technical

Conference

Compliance

Period

Order

Fines/ Penalties

PAB

Resolution Issued: CDO, TLO, Fines, FLO/Dismissed

THANK YOU