Briefing and Orientation on New

Rules and Procedures of the

Pollution Adjudication Board (PAB)

26- 27 April 2011

Pollution Adjudication Board

26 April 2011

Pollution Adjudication Board

About PAB
Procedures for Hand
ling cases
Imposition of Fines
2010 Accomplishmen
t
Statistics of PAB Ca
ses
Strategies for 2011
Issues and Concerns
with the RO

The Pollution Adjudication

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

Where are we now?

Page 1 PAB Res 01-2010

Pollution Adjudication Board

About PAB
Procedures for Handl
ing cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

The Board assumes the powers

and functions of the
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 Handl
ing cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

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

About PAB
Procedures for Handl
ing cases

Organizational Placement coequal w/ RTC

Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

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
Procedures for Hand
ling cases
Imposition of Fines
2010 Accomplishmen
t
Statistics of PAB Ca
ses
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

Composed of the following:

Chairman:

DENR Secretary

Members:
2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary

Pollution Adjudication Board

About PAB
Procedures for Hand
ling cases

Present Composition:

Imposition of Fines
2010 Accomplishmen
t
Statistics of PAB Ca
ses
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

Chairman: DENR Secretary

Presiding Officer: Usec. Demetrio Ignacio
Members:
Usec. Jeremias Dolino
EMB Director Atty. Cuna
Dr. Anthony Chiu (Academe)
Engr. Jeffrey Mijares (Industry)
For. Renato de Rueda (Nat. Resources)

Pollution Adjudication Board

About PAB
Procedures for Hand
ling cases
Imposition of Fines
2010 Accomplishmen
t
Statistics of PAB C
ases
Strategies for 2011
Issues and Concern
s with the RO

Expanded Jurisdiction of the PAB:

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

Where are we now?

Page 7 PAB Res 01-2010

Pollution Adjudication Board

About PAB
Procedures for Handli
ng cases

Important Prohibited Acts Under

Republic Act 9275

Imposition of Fines
2010 Accomplishment
Statistics of PAB Case
s
Strategies for 2011
Issues and Concerns w
ith the RO
Where are we now?

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
Procedures for Handl
ing cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

Important Prohibited Acts Under

Republic Act 8749
Violation of standards for stationary sources
for actual exceedance of air quality standards or
limitation
Any order, rule or regulation issued by the DENR
with respect to such standard or limitation

Pollution Adjudication Board

About PAB
Procedures for Handl
ing cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

Powers of PAB and Sanctions

Under Republic Act 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

Pollution Adjudication Board

About PAB
Procedures for Hand
ling cases
Imposition of Fines
2010 Accomplishmen
t
Statistics of PAB Ca
ses
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

Powers of PAB and Sanctions

Under Republic Act 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

Procedures for Handling Cases

About PAB
Procedures for Handl
ing cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

PAB RESOLUTION I-C

Revised Rules of the Pollution
Adjudication Board (PAB) on
Pleading Practice and Procedure in
Pollution Cases
Effectivity:
6 October 1997

Procedures for Handling Cases

About PAB
Procedures for Handl
ing cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

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 Process

- Monitoring
- Complaint
-Inspection
Report

NOV1

Compliance
Period

Technical
Conference

Non Compliant
Endorse to PAB

Compliant
Resolution

Regional Office
For inspection/reports

Regl Office

Resolution/Order

Execute Order

Fines/Penalties

PAB

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

Regional Offices should submit copies of all NOVs to the PAB

Imposition of Fines
About PAB
Procedures for Handl
ing cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB Cas
es
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?

2010 ACCOMPLISHMENT

During this period, the PAB made 22 deliberations with 120 resolutions issued, nationwide.

3 Cease and Desist Order (CDO)

13 Temporary Lifting Order (TLO)
14 Formal Lifting Order (FLO)
14 Dismissed
76 other resolutions/directives (Show cause, memoranda etc)

Of the 491 cases pending in 2009 120 cases were deliberated and 28 cases (5.7%) were resolved.

2010 ACCOMPLISHMENT

Three (3) firms (2% of the cases acted in 2010) were ordered to cease and desist from undertaking pollution-generating activities. Instead of
discharging untreated wastewater into the water bodies or aquatic environment, the Board thru the issuance of CDOs was able to control discharging
untreated wastewater into the different receiving body of water. This corresponds to 707 kgs of organic pollutants (BOD5) or 12.4% reduction.
This was calculated from the difference between the effluent BOD during non-compliance and compliance to the DENR Standards multiplied by the flow rate.

2010 ACCOMPLISHMENT

In year 2010, the PAB was able to penalize

violating firms with fines amounting to PhP
16,736,149.94.
The bases for the fine imposition are P.D. 984
with a total collection of PhP 13,719.066.65, and
R.A. 9275 (CWA) amounting to PhP 3,017,083.29

2010 ACCOMPLISHMENT

Resolution No. 01 - 2010

POLICY:

PAB Resolution No. 1 Series of 2010, Revised Rules of

the Pollution Adjudication Board (PAB) on Pleading,
Practice and Procedure in Pollution Cases was issued
Secretary Ramos on 22 June 2010 and was published
in Malaya on 02 December 2010, the same became in
effect on 17 December 2010. Orientation with the
Regional Office will be conducted in 2011.

Statistics of PAB Cases

Total Number of Cases
Docketed (1988 2011)

Inactive

Active

816

(1998-2004)

(2005-2010)

723

93

FLO Issued

153

139

14

Dismissed

198

192

Remaining Cases as of
today
Issue on Fines*

465

392

73

21

17

TOTAL

486

396

90

Data as of 08 March 2011

* Cases endorsed by the RO with remaining issue on fines

Programs and Strategies for 2011

In line with the Secretarys thrust to unclog
the cases pending with the DENR including
the PAB:
1. The Board will convene the Hearing/COF meeting
every Tuesday or Wednesday of the Week;
2. Each Desk Officer of the Secretariat are required to
review at least four (4) cases in a month;
3. The Regional Offices will be required/reminded to
strictly follow their obligation in handling pollution
cases as required in the PAB Resolutions.
(i.e. from actions to complaint, issuance of NOV, conduct
of Technical Conference, endorsement to PAB and
implementation of CDO or Orders of the PAB.)

Role of ROs in Adjudication Process

- Monitoring
- Complaint
-Inspection
Report

1
2

NOV1

Compliance
Period

Technical
Conference

Non Compliant
Endorse to PAB

Compliant
Resolution

Regional Office

For inspection/reports

Regl Office

Resolution/Order

Execute Order

Fines/Penalties

PAB

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

Regional Offices should submit copies of all NOVs to the PAB

Roles of ROs in Adjudication Process

1. Action on Complaints
2. Monitoring
3. Notice of Violation
4. Technical Conference
5. Elevating case to PAB
6. Implementation of CDO

1. Action on Complaints
Rule:

In all complaints cognizable

by the PAB, the Regional
Office shall submit a report
to the Board containing the
following:
Result of investigation
Status of the case
Recommendation

Issue
No such report is being
forwarded to the PAB
Secretariat. The objective of
having said violations monitored
and the same filed before the
PAB as undocketed is therefore
defeated.

Strategy
In order to have a proper accounting of these violations, the
Regional Office who failed to offer proof of prior submission, shall
be held accountable for cases if the same will eventually be
endorsed to the PAB for issuance of CDO or imposition of fines.

2. Monitoring
Rule:

The Regional Office is

required to submit monthly
reports to the PAB on the
status/updates on cases
referred, investigated and/or
endorsed

Issue
Cases remained inactive due to
absence of updates and
inspection/sampling from the
Regional Office, thereby limiting
the capacity of the PAB in
effectively adjudicating pending
cases

Strategy
The Secretariat will endorse to the PAB with appropriate
recommendations during its annual inventory of cases,
those companies within every Regional Offices jurisdiction
that have not been inspected for at least twice within the
preceding year.

3. Notice of Violations
Rule:
If based on investigation there is a prima
facie evidence of violation, a Notice of
Violation shall be issued. The PAB shall be
furnished copies of all notices of violation
issued by the Regional Offices (every 5th day
of every month), Notices of violation shall
contain the following:
Complaint if any
Date of technical conference
Results of investigation/analyses
RO shall furnish respondent a copy of the
results of analysis within five (5) days from
the release of the results.

Issue
The Regional Office is not
furnishing respondent a copy of
results of laboratory analysis of
samples taken in order for it to
institute the soonest possible time
measures to abate pollution.

Strategy
Require the Regional Office to include in its reporting a statement
supported by proof of service that respondent was furnished a copy of
the results of laboratory analysis of samples taken.
Page 10 PAB Res 01-2010

4. Technical Conference
Rule:
Within five (5) days from the conduct of compliance testing or validation, the RO shall
elevate the case to the Board regardless of its findings, i.e. whether respondent passed
or failed to comply with the standards. The records shall include the following:
Copy of the complaint, inspection, or monitoring report; NOV; Position paper,
commitment sheet/compliance plan; Minutes of technical conference; Results of
laboratory analysis; Resolution of the case.

Issue
Most of the Regional Offices failed to elevate cases in the event that after the
conduct of technical conference, respondent complied with the DENR Standards.
This should not be the case; it is only the PAB/DENR Secretary who has the
authority to impose fines, which in effect waived if the case is not elevated by the
Regional Office.

Strategy
The Secretariat will conduct semi-annual inventory of notices of violation issued
per Regional Office to determine if the same will coincide with the one on file
with the PAB.
Page 11 PAB Res 01-2010

5. Endorsement to PAB
Rule:
The Regional Office is bound to make categorical
recommendations to the PAB as regards to cases elevated

Issue
Some of the Regional Office will elevate cases to the PAB with a
recommendation for appropriate action. In elevating cases to the
PAB for adjudication, the Regional Offices are bound to make
categorical recommendations whether the same would be for issuance
of CDO, TLO, extension of TLO, or imposition of fine.

6. Implementation of CDO
Rule:
The Regional Office is bound to
implement fully a CDO issued by
the PAB within a period of 72
hours. If it cannot be
implemented, a written report
shall be transmitted stating
therein the causes of failure to
execute.

Issue
Some Regional Offices are not
submitting reports when they
failed to execute CDO issued
by the PAB; some would mere
report that the same was only
served upon respondent
without offering any
explanation why it failed to
fully execute the Order.

Strategy
Verify from the report whether the Regional Office exhausted all
measures or remedies afforded by the Rules. Thereafter, report the
same to the Board with a recommendation to seek assistance from
other appropriate government agencies.
Rule X Sec 6 (Page 16) PAB Res 01-2010

Thank you.
please visit website at
www.emb.gov.ph
www.estis.sites.net/cien-ph
or you may call our office at
928-1221