POLLUTION ADJUDICATION

BOARD
What is pollution?
Pollution means such alteration of the physical,
chemical and/or biological properties of any water and/or
atmospheric air of the Philippines, or any such discharge
of any liquid, gaseous or solid substance into any of the
waters and/or atmospheric air of the country as will or is
likely to create or render such waters and/or atmospheric
air harmful or detrimental or injurious to public health,
safety or welfare, or to domestic, commercial, industrial,
agricultural, recreational or other legitimate uses, or to
livestock, wild animals, birds, fish or other aquatic life.
Section 2(a), R.A. No. 3931 (Emphasis supplied)
 Pollution Adjudication Board
Creation
The Polluton Adjudication Board (PAB) was created by virtue of
Section 19 of E.O. No. 192 (otherwise known as the Reorganization
Act of the Department of Environment and Natural Resources of
1987). Pursuant to such executive order, the Department of
Environment and Natural Resources (DENR) issued A.O. No. 75 on
November 19, 1987, which provides for the creation and
constitution of the PAB.

Purpose and Function

PAB assumes the powers and functions of the
Commission/Commissioners of the National Pollution Control
Commission (NPCC) with respect to the adjudication of pollution
cases under R.A. No. 3931 and P.D. 984, particularly with respect
to Section 6 letters e, f, g, j, k and p of P.D. 984.
 What are the powers and functions the
NPCC that PAB assumes?
(1) Issue orders or decisions to compel compliance with the provisions of this P.D.
984 (Decree hereafter) 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.
(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 system or parts thereof: Provided, however, That the NPCC, by
rules and regulations, may require subdivisions, condominium, hospitals, public
buildings and other similar human settlements to put up appropriate central
sewerage system and sewage treatment works, except that no permits shall be
required of any new sewage works or changes to or extensions of existing works
that discharge only domestic or sanitary wastes from a single residential building
provided with septic tanks or their equivalent. The NPCC may impose reasonable
fees and charges for the issuance or renewal of all permits herein required.
(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
this Decree and its implementing rules and
regulations and the orders and decisions of the
NPCC.
(6) Exercise such powers and perform such other
functions as may be necessary to carry out its
duties and responsibilities under this Decree.
Prohibitions under P.D. 984
No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or
land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to
seep or otherwise dispose thereto any organic or inorganic matter or any substance in
gaseous or liquid form that shall cause pollution thereof.
No person shall perform any of the following activities without first securing a permit
from the Commission for the discharge of all industrial wastes and other wastes which
could cause pollution:
1. the construction, installation, modification or operation of any sewage works or any
extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive
discharge specified under any existing permit;
3. the construction, installation or operation of any industrial or commercial
establishments or any extension or modification thereof or addition thereto, the
operation of which would cause an increase in the discharge of waste directly into the
water, air and/or land resources of the Philippines or would otherwise alter their
physical, chemical or biological properties in any manner not already lawfully
authorized.
 Penalties for Violations of
Prohibitions provided under P.D. 984
(a) Any person found violating or failing to comply with any order,
decision or regulation of the Commission for the control or abatement
of pollution shall pay a fine not exceeding five thousand pesos per day
for every day during which such violation or default continues; and the
Commission is hereby authorized and empowered to impose the fine
after due notice and hearing.
The fines so imposed shall be paid to the Government of the
Philippines through the Commission, and failure to pay the fine in any
case within the time specified in the above-mentioned Order or
Decision shall be sufficient ground for the Commission to order the
closure or the stoppage in the operation of the establishment being
operated and/or managed by said person or persons until payment of
the fines shall have been made. The Commission shall have the power
and authority to issue corresponding writs of execution directing the
City or Provincial Sheriff or other peace officers whom it may appoint
to enforce the fine or the order of closure or stoppage of operations.
Payment of fines may also be enforced by appropriate action in a court
of competent jurisdiction. The remedies provided in this sub-section
shall not be a bar to nor shall affect any other remedies provided for in
(b) Any person who shall violate any of the provisions of Section Eight of
this Decree or its implementing rules and regulations, or any Order or
Decision of the Commission, shall be liable to a penalty of not to exceed
one thousand pesos for each day during which the violation continues, or
by imprisonment of from two years to six years, or by both fine and
imprisonment, and in addition such person may be required or enjoined
from continuing such violation as hereinafter provided.
(c) Any person who shall refuse, obstruct, or hamper the entry of the duly
authorized representatives of the Commission into any property of the
pubic domain or private property devoted to industrial manufacturing,
processing or commercial use during reasonable hours for the purpose of
inspecting or investigating the conditions therein relating to pollution or
possible or imminent pollution, shall be liable to a fine not exceeding two
hundred pesos or imprisonment of not exceeding one month, or both.
(d) Any person who violates any of the provisions of, or fails to perform
any duty imposed by this Decree or its implementing rules and
regulations or by Order or Decision of the Commission promulgated
pursuant to this Decree hereby causing the death of fish or other aquatic
life, shall in addition to the penalty above prescribed, be liable to pay the
government for damages for fish or aquatic life destroyed.
(e) In case the violator is a juridical person, the penalty shall be imposed
on the managing head responsible for the violation.
Philippine Environmental
Policy

Presidential Decree No.

1151
Year of Enactment and
Implementation
Enacted in June 6, 1977

Purpose
To protect the right of the
people to a healthy
environment through a
requirement of
environmental
Control Area impact
assessments
Nationwide and statements
Overview
Conflictingdemands of population growth,
urbanization, industrial expansion, rapid natural
resources utilization, and increasing
technological advances have resulted in a
piecemeal-approach concept of environmental
protection.

The tunnel-vision concept is not conducive to

the attainment of an ideal environmental
situation where man and nature can thrive in
harmony with one another.

There is now an urgent need to formulate an

intensive, integrated program of environmental
protection that will bring about a concerted
 Features
Declares a continuing policy of
the State
(a)to create, develop, maintain, and
improve conditions under which man
and nature can thrive in productive and
enjoyable harmony with each other

(b)tofulfill the social, economic, and other

requirements of present and future
generations of Filipinos

(c) to ensure the attainment of an

In pursuing this policy , it shall be
the responsibility of the government,
in cooperation of concerned private
organizations and entities, to use all
practicable means, consistent with
other essential considerations of
national policy, in promoting the
general welfare to the end that the
nation may;
(a)recognize, discharge, and fulfill the responsibilities of each
generation as trustee and guardian of the environment for
the succeeding generations,
(b)assure the people of a safe, decent, helpful, productive,
and aesthetic environment,
(c)encourage the widest exploitation of the environment
In furtherance of these goals
and policies, the government
recognizes the right of the
people to a healthful
environment. It shall be the duty
and responsibility of each
individual to contribute to the
preservation and enhancement
of the Philippine environment.
Pursuant to the above enunciated policies and
goals, all agencies and instrumentalities of the
national government, including all government
owned and controlled corporations as well as
private corporations and firms and entities shall
prepare, file, and include in every action, project,
or undertaking which significantly affects the
quality of the environment a detailed statement
on:
a. the environmental impact of the proposed action, project, or undertaking;
b. any adverse environmental effect which cannot be avoided should the
proposal be implemented;
c. alternative to the proposed action;
d. a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and enhancement of the
long-term productivity of the same; and
e. whenever a proposal involves the use of depletable or nonrenewable
resources, a finding must be made that such use and commitment are
warranted.
RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
is a specific set of rules promulgated by the
Supreme Court in April 2010 to govern
environmental cases, in particular.
Not necessarily incompatible with the Rules
of Court; in fact, The Rules of Court
supplies rules which are not specifically
found in the Rules of Procedure for
Environmental Cases.
CASES COVERED
CIVIL CASES
CRIMINAL CASES
SPECIAL CIVIL ACTIONS
Other existing laws that
relates to:
Conservation
Development
Preservation
Protection and utilization of the
environment and natural resources
 LAWS COVERED
1. Act No. 3572 ( Prohibitions against cutting of Tindalo,
Akli, and Molave Trees);
2. PD No. 705 (Revised Forestry Code)
3. PD No. 856 (Sanitation Code)
4. PD No. 979 (Marine Pollution Decree)
5. PD No. 1067 (Water Code)
6. PD No.1151 (Philippine Environmental Policy)
7. PD No. 1433 (Plant Quarantine Law of 1977)
8. PD No. 1586 (Establishing Environmental impact
Statement System )
9. PD No. 1586 (Prohibition against cutting, destroying or
injuring of planted or growing trees, flowering plants
and shrubs or plants of scenic value along public roads,
in plazas, parks, school premises or in any other public
ground)
10. R.A No. 4850 (Laguna Lake Development Authority)
11. R.A No. 6969 (Toxic Substance and Hazardous Waste
15. R.A No. 7942 (Philippine Mining Act)
16. R.A No. 8371 (Indigenous Peoples Rights Act)
17. R.A No. 8550 (Philippine Fisheries Code)
18. R.A No. 8749 (Clean Air Act)
19. R.A No. 9003 (Ecological Solid Waste
Management Act)
20. R.A No. 9072 (National Caves and Cave
Resource Management Act)
21. R.A No. 9147 (Wildlife conservation and
Protection Act)
22. R.A No. 9175 (Chainsaw Act)
23. R.A No. 9275 (Clean water Act)
24. R.A No. 9483 (Oil Spill Compensation Act of
2007)
COURTS COVERED
Regional Trial Court
Metropolitan Trial Court
Municipal Trial Court in Cities
Municipal Trial Court
Municipal Circuit Trial Court
EXHAUSTION OF ADMINISTRATIVE REMEDIES
A person is expected to have a problem
solved first by Government Agencies before
filing a case in court.

PRINCIPLE OF PRIMARY
JURISDICTION
Disputes involving questions of fact, or
matters requiring of technological
knowledge and experience are raised, ,
resort must first be made to
Government Agencies who are
 MAIN FEATURES OF THE
RULES
Citizens Suit
Any Filipino Citizen whether an individual or
a corporation in representation of others
including minors or generations yet unborn
may file action to enforce rights or obligations
under environmental laws.

Real Party in Interest

A person who stands to be benefited or
injured by the judgment in a case, every
person must be prosecuted or defended in
the name of the real party in interest.
Who may file:
Civil Case (Plaintiffs or Complainants)
1. Real Party in Interest whether Filipino or
not;
2. The Government;
3. Juridical Entities
.Criminal Case (Complainants)
1. Any offended party;
2. Peace Officer;
3. Any public officer charged with the
enforcement of an environmental law
 Payment of filing and other legal
fees is deferred or is no longer
required on the day of filing, but is
postponed until judgment.

In ordinary cases, payment of bond

is not required for application for a
Temporary Environmental
protection Order (TEPO).
CIVIL CASES
Requires all evidence to be attached to the Complaint
and the Answer.
Some pleadings or motions are prohibited.
Pre-trial stage is maximized.
Consent Decree
Direct examination is made through Affidavits.
Examination of Witness should be completed in one day
only.
The Court has only one (1) year to try and decide the
case.
Memorandums are allowed to be submitted in electronic
form.
Decisions must be immediately implemented
CRIMINAL CASES
Extensive use of pre-trial
Affidavits instead of direct examination
Short period to dispose of the criminal case
Bail is allowed. Accused is required to sign
a document stating that s/he promises to
attend the arraignment, and should s/he
fail to do so, the judge is authorized to
enter a plea of not guilty on behalf of the
accused.
SPECIAL CIVIL ACTIONS
Two Special Writs:
1. WRIT OF KALIKASAN
2. WRIT OF CONTINUING MANDAMUS
B. SPEEDY DISPOSITION
OF CASES
1. CIVIL CASES
o Evidence to be attached
. Prohibited pleadings or motions
. Pre-trial stage
. Consent Decree
. Direct Examination
2. CRIMINAL CASES
. Arraignment
. Pre-trial
. Trial
. Judgment
3. SPECIAL CIVIL ACTIONS
. Writ of kalikasan
. Writ of continuing mandamus
C. REMEDIES
Environmental Protection
Order (EPO)
Temporary Environmental
Protection Order (TEPO)
Writ of Kalikasan
SC or CA Order in Successful
Petition
ENVIRONMENTAL PROTECTION
ORDER (EPO)
Is an order issued by the Court directing or
enjoining any person or government agency to
perform, or desist from performing an act, in order
to protect, preserve or rehabilitate the
environment.
TEMPORARY ENVIRONMENTAL
PROTECTION ORDER (EPO)
Is an EPO, but, with a time period during which
it is effective or in force-whether seventy two
(72) hours; or, until the determination of the
case. An EPO is a permanent EPO.
WRIT OF KALIKASAN
is an extraordinary legal remedy introduced
in the Rule, which may be filed with the
Supreme Court and the Court of Appeals
only by persons, on behalf of others, whose
constitutional right to a balanced and
healthful ecology is violated, or threatened
with violation by an unlawful act or
omission of a public official or employee, or
private individual or entity involving
environmental damage of such magnitude
as to prejudice the life, health or property
of inhabitants in two (2) or more cities or
provinces.
Who may file:
-natural persons, juridical persons, entities
authorized by law or peoples organization,
NGOs, or any public interest group accredited
by or registered with any government
agency.
Where or with which Court may this be
filed?
1. Supreme Court
2. Court of Appeals
.Filing Fee
Petitioners do not pay docket or filing fees
for this petition.
WHEN GRANTED, THE COURT MAY
ORDER PARTIES TO:
1. Permanently Cease and Desist
2. Protect, Preserve, Rehabilitate, Restore
3. Monitor Strict Compliance
4. Direct Respondents to write Periodic
Reports
5. Other Reliefs
CONTENTS- PETITION FOR WRIT OF KALIKASAN

Personal circumstances of petitioner

Name, personal circumstances, assumed
name, alias of respondent
Environmental law, rule, regulation violated or
threatened to be violated;
Act or omission complained of, and the
environmental damage of such magnitude as
to prejudice the life, health or property of
inhabitants in two or more cities or province;
All relevant and material evidence, including
object evidence, if possible
Reliefs or specific protection prayed for
including praying for TEPO
Verification and Certificate of non-forum
WRIT OF CONTINUING
MANDAMUS
This allows the Court to retain authority
even after judgment is issued in an
environmental case, in order to ensure
the successful implementation of the
other reliefs granted in the decision.
One of theses reliefs that the Court may
order is to compel the submission of
compliance reports from the respondent
government agency. The court may order
other means to monitor compliance with
its decision.
Against whom can this be
filed?
1. Any Agency or instrumentality of the government;
2. Any officer of the agency of instrumentality of the
government.

ACTS COVERED:

3. Unlawful neglect in the performance of an act or

duty ny any office or officer of the government, in
connection with the enforcement or violation of an
environmental law, rule or regulation or a right
therein.
4. Unlawful exclusion of another from the use or
enjoyment of such ight.
Only those persons personally aggrieved by
the unlawful neglect, or unlawful exclusion
can avail of this Writ.

WHERE TO FILE:
1. Regional Trial Court;
2. Court of Appeals;
3. Supreme Court

No filing fee is required; petitioner is exempt

from the payment of docket fees.
CONTENTS- PETITION FOR WRIT OF
CONTINUING MANDAMUS

The following must be included in

the petition:
Facts of the case;
All evidence;
Environmental law, rule, or
regulation;
Reliefs;
Verification and Non-forum
shopping.
PRECAUTIONARY PRINCIPLE
When human activities may lead to threats
of serious and irreversible damage to the
environment that is scientifically plausible
but uncertain, actions shall be taken to
avoid or diminish that threat.

HOW CAN THIS BE APPLIED?

When there is lack of scientific certainty in
establishing a causal link between human
activity and environmental effect, the Court
shall apply the precautionary principle when
considering the evidence and in resolving the
case before it.
STRATEGIC LAWSUIT AGAINST
PUBLIC PARTICIPATION (SLAPP)
is a case filed to harass, vex, exert
undue pressure or stifle any legal
recourse that a person, institution
or the government has taken or
may take in the enforcement of
environmental laws, protection of
the environment or assertion of
environmental rights.
May be used as a defense.