The Pollution Adjudication Board

EVENTS FLOWCHART IN THE DEVELOPMENT OF POLLUTION CASE

Issuance of
Notice of Violation (NOV)
Sampling - for water -

(Air Emission or
Wastewater Discharge)
NOTE: (conducted by the EMB-RO pursuant to
its mandate of regularly monitoring
industries within their respective jurisdiction.
The activity can be in response to a complaint.)
Or
Laboratory analysis Notice of Non-Compliance (NON)
-for air –
NOTE: (If there is exceedance,
the firm from where the samples
were taken will be informed through NOV;
Attached to the NOV
is an invitation for a technical conference.

Sampling /
Investigation
NOTE: (conducted by the RO to verify Remedial / Mitigating Technical Conference
the firm’s compliance with measures NOTE: (The hearing officer
its commitments
and to the DENR Stds.)
Within 90 days (Regional Director)
formally presents its findings
and allows the firm to contest the same;
or to execute a commitment
to institute pollution control measures)
Without compliance With compliance

Imposition of Fines
Issuance of and dismissal of case
Cease and Desist Order NOTE: (Board imposes fines
based on records
elevated by the RO)
EVENTS FLOWCHART IN THE ADJUDICATION OF POLLUTION CASE

Execution of Motion for the Issuance of

Cease and Desist Order Temporary Lifting Order (TLO)
NOTE: Respondent may also move for a
by the Regional Office reconsideration by filing a motion to lift CDO,
NOTE: The EMB-RO serves and/or implements
subject to submission of documentary requirements.
orders issued by the PAB.

Compliance with TLO Requirements

Sampling Issuance of TLO

by PAB
NOTE: TLO granted by the Board
is effective within a given period,
Without compliance With compliance depending on its purpose.
(Whether for sampling purposes
or implementation of
Pollution Control Program).

- Closure Imposition of Fines

It is the EMB-RO that would
implement/serve this order.
- Imposition of Fines and Issuance of
- Forfeiture of bond Formal Lifting Order
. NATURE OF PROCEEDINGS
 shall be summary in nature.

 Due process must be observed.

 Rulesof court shall not apply except in

suppletory character.
JURISDICTION OF THE BOARD
 shall
have sole and exclusive jurisdiction
over all cases of pollution.

 including the
imposition of administrative
sanction, except as may be provided by
law.
VENUE
 The hearing or deliberation of cases by
the Board shall be held at the main office
of the Department.

 or in such other place as may be

designated by the Board.
WHO MAY BE PARTIES
 Any person 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.
 party initiating the action shall be called
the "Complainant”.
 the party against whom a complaint is
filed shall be called the "Respondent".
INTERVENTION BY AN
INTERESTED PARTY
Any party who claims to have an interest
or may be adversely affected by the
proceedings, may file a motion for
intervention stating concisely the grounds
relied upon and the remedy sought,
serving copies of the same on the
complainant and the respondent. The
motion may be filed at any time before
the case is deemed submitted for
decision.
CONSOLIDATION OF CASES
Where there are two (2) or more cases
pending before the Board or before
different Hearing Officers involving the
same respondent and issues, the cases
subsequently filed shall be consolidated
with the one first filed to avoid
unnecessary cost and delay.
WHEN ACTION IS DEEMED
COMMENCED
 upon the filing of a complaint with the
Board ;

 or with the Regional Office;

 orby the issuance of a Notice of Violation

by the Department, Regional Office.
COMPLAINTS DIRECTLY FILED
WITH THE BOARD

a complaint filed directly with the Board, if

found to be in order, shall be endorsed to
the Regional Office concerned within
three (3) days.
CASES FILED WITH OR
ENDORSED TO THE
REGIONAL
OFFICE

 RegionalExecutive Director shall within three

(3) days order the investigation of the
complaint.
INTERIM CEASE AND DESIST
ORDER
 the Regional Executive Director may
immediately issue an Interim Cease and Desist
Order, which shall be effective for a period of
five (5) days. After issuing the Cease and Desist
Order, the Regional Executive Director shall
within twenty-four (24) hours endorse the
case to the Board with a recommendation that
the Board issue a regular Cease and Desist
Order.
GROUND FOR THE INTERIM
CDO
 However, where there is prima facie
evidence that the emission or discharge
of pollutants constitutes and immediate
threat to life, public health, safety or
welfare, or to animal or plant life, or
 greatly exceeds the allowable DENR
Standards, as provided in guidelines
established by the Board,
PURPOSES OF THE
TECHNICAL CONFERENCE
 simplification of issues and stipulation
of facts
 tentative computation of fines
 execution of commitment from
respondent to abate or mitigate the
pollution complained of, including the
implementation of remedial measures
relative thereto
Respondent’s Commitment
 within a period to be agreed upon by the
parties, but in no case to exceed 90 days

 inthe format prescribed by the Board and

signed by the respondent or its managing
head
Cease and Desist Order
 directs
the discontinuance of the emission
or discharge of pollutants

 immediately executory, to be implemented

not later than 72 hours from receipt
thereof by the Regional Office
Cease and Desist Order by the
Board in Ex Parte
when the Board finds prima facie evidence
that the emission or discharge of
pollutants:
 constitutes an immediate threat to life,
public health, safety or welfare or to
animal or plant life; or
 exceeds the allowable DENR standards
Additional Bases for issuance of the
CDO
 Commission of any of the prohibited acts
enumerated in the Clean Water Act
 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
Types of Temporary Lifting
Orders
for purposes of implementing pollution control
programs

for sampling purposes

Requirements for Issuance of TLO for
Implementing Pollution Control
Programs
 Comprehensive pollution control program, including plans
and specifications of the firm’s anti-pollution facility, budget
and Gantt chart of activities relative thereto
 surety bond equivalent to 25% of the total cost of the
pollution control program
 detailed description of the interim remedial measure to be
instituted to mitigate pollution pending the completion of
the pollution control program
 proof of employment of a pollution control officer duly
accredited by the DENR pursuant to DAO No 26, Series of
1992
 notarized undertaking signed by respondent or its duly
empowered managing head to comply with the conditions
set by the Board
 such other conditions which the Board may deem
appropriate under the circumstances
Requirements for Issuance of
TLO for Sampling Purposes
 Proof of employment of a pollution
control officer duly accredited by the
DENR pursuant to DAO No. 26, Series
of 1992
 Notarized undertaking, signed by the
respondent or his duly-empowered
managing head, to comply with the
conditions set by the Board
 Such other conditions which the Board
may deem appropriate under the
circumstances
 EVIDENCE
Substantial evidence refers to evidence that a
reasonable mind could accept as adequate to
support a conclusion.
 All documents forming part of the records and material to
the issues of the case, whether marked as exhibits or not,
shall be deemed admitted as evidence and may be considered
in the resolution of the case.
 Documentary evidence may be received in the form of
copies or excerpts, if the original is not readily available.
Upon request, the parties shall be given opportunity to
compare the copy with the original. If the original is in the
official custody of a public officer, a certified copy thereof may
be accepted.
SUBPOENA AND SUBPOENA
DUCES TECUM
any party may request the issuance of the
necessary subpoena or subpoena duces
tecum at least five (5) days prior to the
scheduled hearing
OCULAR INSPECTION
Whenever essential to the determination
of the issues surrounding the case, the
Board or Hearing Officer may direct the
conduct of an ocular inspection.
Order, Resolution or Decision of
the Board
Every decision promulgated by the Board
shall be in writing and under the seal of
the Board, signed by a majority of its
members, and shall clearly and distinctly
state the facts and the law on which it is
based.
MOTION FOR
RECONSIDERATION
 respondent may move for the reconsideration
of an order, resolution or decision of the Board
by filing an appropriate motion specifically
indicating the grounds therefore, with proof of
service of copies thereof to the Regional Office
and the other parties, within fifteen (15) days
from the receipt thereof.
 Only one motion for reconsideration shall be
allowed.
 movant shall file fourteen (14) copies of the
motion for reconsideration with the Board.
APPEAL before CA
 Within 15days from receipt of the order,
resolution or decision.
 Mere filing of an appeal shall not stay the
decision.
 Motion for reconsideration
APPEAL before SC
 Within 15days from receipt of the order,
resolution or decision.
 Motion for reconsideration
 Imposition of Fines
About PAB

Procedures for
Handling Cases

Imposition of Fines
 Basis of Computation
About PAB
• Exceedance of the DENR Standard
Procedures for – (DAO 34 & 35 for water)
Handling Cases – (DAO 81 for air)

Imposition of Fines
• Violation (Air/Water) prior to 09 March 1992
– PAB Resolution No. 10

• Violation (Air/Water) after 09 March 1992

– PAB Resolution No. 10-A

• Violation (Air) after 23 December 2003

– PAB Resolution No. 04-2003

• With the passage of Clean Water Act of 2004 Violation (Water)

starting 06 May 2004 the PAB is imposing the minimum amount
of Php10,000.00 per day to maximum of PhP200,000.00 per
day
 Thank you.

For further inquiries, please

visit our website at
www.emb.gov.ph
or you may call our office at
928-1221