Pollution Adjudication Board:

Rules and Procedures,

BRYAN B. BONGCO
Legal & Technical Staff
Pollution Adjudication Board
 Pollution Adjudication Board

About PAB

Procedures for The Pollution Adjudication

Handling cases
Board (the PAB) is a quasi-
Imposition of Fines
judicial body created under
Section 19 of Executive Order
192 for the adjudication of
pollution cases.
 Pollution Adjudication Board

About PAB

Procedures for
The Board assumes the powers
Handling Cases and functions of the
Imposition of Fines Commission/Commissioners of
the National Pollution Control
Commission with respect to the
adjudication of pollution cases
under Republic Act 3931 and
Presidential Decree 984...
 Pollution Adjudication Board

About PAB

Procedures for
The PAB is organizationally
Handling Cases under the supervision of the
Imposition of Fines Office of the Secretary of the
Department of Environment and
Natural Resources (the DENR),

Secretariat support provided by

the Environmental Management
Bureau (EMB).
 Pollution Adjudication Board

About PAB
Organizational Placement co-
Procedures for
Handling Cases
equal w/ RTC
Imposition of Fines
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, …
 Pollution Adjudication Board

About PAB
Composed of the following:
Procedures for
Handling Cases

Imposition of Fines
Chairman: DENR Secretary

Members:

2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary
 Pollution Adjudication Board

About PAB
Expanded Jurisdiction of the PAB:
Procedures for
Handling Cases
Philippine Clean Air Act of 1999 (R.A. 8749)
Imposition of Fines Exceedance of air emission; Imposition of Fines;
Operating without permit to operate air pollution
source installations

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

Exceedance of the effluent; Imposition of Fines;
Committing any of the prohibited acts under
Section 27
 Pollution Adjudication Board

About PAB
Important Prohibited Acts Under
Procedures for
Handling Cases
Republic Act 9275
Imposition of Fines
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
 Pollution Adjudication Board

About PAB
Powers of PAB and Sanctions
Procedures for
Handling Cases
Under Republic Act 9275
Imposition of Fines
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
 Pollution Adjudication Board

About PAB
Powers of PAB and Sanctions
Procedures for
Handling Cases
Under Republic Act 8749
Imposition of Fines
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
 Procedures for Handling Cases

About PAB
PAB RESOLUTION I-C
Procedures for
Handling Cases
Revised Rules of the Pollution
Imposition of Fines
Adjudication Board (PAB) on
Pleading Practice and Procedure in
Pollution Cases

Effectivity:

6 October 1997
 Procedures for Handling Cases

About PAB

Procedures for
Handling Cases

Imposition of Fines
Procedures for Handling
Cases Based on PAB
Resolution No. 1-C

Events Flow in Handling Cases

 POLLUTION ADJUDICATION PROCESS

Monitoring Technical
Complaint NOV
Conference Compliance Period
Inspection Report

Non Compliant Compliant

Endorse to PAB Resolution

Regional Office
For Inspection
/Reports

PAB

Regional
Office Resolution / Order
Executive Fines/Penalties Order
Order Fines/Penalties
 Imposition of Fines

About PAB

Procedures for
Handling Cases

Imposition of Fines
Basis of Computation

• Violation (Air/Water) prior to 09 March

1992 – PAB Resolution No. 10

• Violation (Air/Water) after 09 March 1992

• - PAB Resolution 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 a
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