Pollution Adjudication Board:

Rules and Procedures,

Imposition of Fines &
Penalties

Atty. Linel C. Manayang

 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(1964)
and Presidential Decree 984
(1976)...
POLLUTION ADJUDICATION BOARD
POWERS AND FUNCTIONS OF THE BOARD
(Section 6, P.D. 984)

(a) Issue orders or decisions to compel compliance

with the provisions of this Decree and its
implementing rules and regulations only after proper
notice and hearing.
(b) Make, alter or modify orders requiring the
discontinuance of pollution specifying the conditions
and the time within which such discontinuance must
be accomplished.
POLLUTION ADJUDICATION BOARD
POWERS AND FUNCTIONS OF THE BOARD
(Section 6, P.D. 984)

(c) 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:
POLLUTION ADJUDICATION BOARD
POWERS AND FUNCTIONS OF THE BOARD
(Section 6, P.D. 984)

(d) Serve as arbitrator for the determination of

reparations, or restitution of the damages and losses
resulting from pollution.

(e) 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 Commission.

(f) Exercise such powers and perform such other

functions as may be necessary to carry out its duties
and responsibilities under this Decree.
 Pollution Adjudication Board
About PAB
QUASI-JUDICIAL DECISIONS
Procedures for
Handling Cases
Sec.7 (d) of PD 984 - Execution of
Imposition of Fines
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
. NATURE OF PROCEEDINGS
• shall be summary in nature.

• Due process must be observed.

• Rules of 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.
 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
 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".
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 (Regional Director)
and to the DENR Stds.)
Within 90 days
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
 WHEN ACTION IS DEEMED
COMMENCED
• upon the filing of a complaint with the
Board ;

• or with the Regional Office;

• motu propio or in its own initiative –

through the issuance of NOV .
 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

• Regional Director shall within three (3) days

order the investigation of the complaint.
 INTERIM CEASE AND DESIST ORDER

• the Regional Director may immediately

issue an Interim Cease and Desist Order,
which shall be effective for a period of
seven (7) 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
 Reckoning period for the
Regional Office to conduct Second Sampling

• as agreed upon by both parties.

• commitment to institute mitigating measures.

• Discretion of the Regional Office.

 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
 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
• Applicable only if committed during technical
conference.
 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.
 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
 PETITION for REVIEW
before SC
• Within 15days from receipt of the order,
resolution or decision.
• Motion for reconsideration
PENAL PROVISION of RA 9275
VIOLATION
Upon the recommendation of
the PAB, anyone who
commits prohibited acts such
as Discharging of untreated
wastewater into any water body
Failure to undertake clean‐up
operations–
PENALTY
Fine of not less than PhP10,000
but not
more than PhP200,000
for every day of violation
Imprisonment not less than 2 yrs.
but
not more than 4 yrs. ; A fine of not
less
than PhP50,000 but not more than
PhP100,000 per day of violation
PENAL PROVISION of RA 9275
VIOLATION PENALTY
Failure or refusal to clean‐up Imprisonment of not less than
which results in serious injury 6 yrs. and
or 1 day and not more than 12 yrs.
loss of life or lead to and fine
irreversible of PhP500,000 per day for each
water contamination violation.

Failure to secure valid

discharge permit Php. 19,500 for every year of
violation.
PENAL PROVISION of RA 8749
VIOLATION PENALTY
• (PAB) shall impose a fine of not
• for violation of actual more than (Php100,000.00) for
exceedance of air every day of violation against the
quality standards. owner of the source. Cease and
desist order shall also be issued.
• a fine of not less than Php
10,000.00 but not more than Php.
• for violation of other 100,000) or six (6) months to six
(6) years imprisonment or both
provisions
shall be imposed for violators.
• No valid PTO
• Php. 19,500 for every five years.
PENAL PROVISION of RA 6969
VIOLATION PENALTY
1) Failure to comply with: • P 10T
-Registration and storage
requirements
-Reportorial requirements • P 50T
-Permit conditions • P 50T per condition violated
-Labeling requirements • P 50T
2) Storage/Importation of • Imprisonment/Fine<=P500T
hazardous waste
3) Use of chemicals in
• Imprisonment/Fine<=P500T
violation of the IRR
 PENAL PROVISION of RA 9003
VIOLATION PENALTY
• Littering, throwing and dumping of waste • P 300 – P 1,000 or
Community service between
matters in public places and water 1-15 days
• Open burning of solid waste
• P 300 – P 1,000 or
Imprisonment of 1-15 days
• Collection and transport of non-segregated
or unsorted waste
• Squatting in open dumpsite and landfills
• P 300 up to P
• Open dumping, burying of biodegradable &
non-biodegradable materials in flood prone 1,000 or
areas imprisonment of 15
days to 6 Months
• Unauthorized removal of recyclable
materials for collection by authorized
persons
PENAL PROVISION of PD 1586
VIOLATION PENALTY
• Operating without an ECC • 50,000.

• Violation of any ECC Minor condition - 10,000

conditions.
Major condition - 25,000
 Basis of Computation

About PAB
• Exceedance of the DENR Standard
Procedures for – (DAO 34 & 35 for water)
– (DAO 81 for air)
Handling Cases
• Violation (Air/Water) prior to 09 March 1992
Imposition of Fines – 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.

• PAB Resolution 2019-01. (water and air) Php. 19,500 (no PTO, DP, Non-
submission of SMR and SET report).
 Thank You
For further inquiries, please visit our website
at
www.emb.gov.ph
or you may call our office at
8936 8104