EMB MANUAL OF

UNIFORM
PROCEDURE
Salient Features
 EMB Manual of Uniform Procedure

Regulatory Procedure Adjudicatory Procedure

A. Permitting, Accreditation or Registration A. Complaints

B. Compliance Monitoring B. Investigation

1. Desk Review/ Table Monitoring C. Notice of Violation

2. On- site Monitoring/ Inspection D. Technical Conference

3. On- site Monitoring/ Inspection Report E. Resolutions and Decisions

F. Motion for Reconsideration

G. Execution

▪ Supplemental Rules of the EMB Manual for Uniform

Procedures for COVID- 19 Pandemic (EMB MC 2020-21)
Manual of Uniform Procedure vs. Supplemental Rules (EMB MC 2020-21)

➢ Policy of Special Circumstance ( for Covid 19 Pandemic)

➢ Mainly focused on Enforcement and Adjudicatory Functions

➢ Streamlined Complaint Processing

➢ Modes of Investigation Broadened

➢ Virtual Technical Conference

➢ Service of Pleadings, Notices, and Legal Documents

ADJUDICATORY PROCEDURE
Manual of Uniform Procedure

EMB MC 2020-21: Supplemental EMB Uniform Procedure for COVID- 19

Pandemic
II. Adjudicatory Procedure

▪ DUE PROCESS REQUIREMENT

Respondents must be apprised the first instance of the

NOTICE allegations against them

Respondents is given the opportunity to contest the

HEARING alleged violation and to present evidence
Administrative Due Process
REQUISITES: (Ang Tibay v. Court of Industrial Relations, G.R. No. L-46496, February 27, 1940)

1. The right to a hearing, which includes the right to present one’s case and submit evidence in support
thereof;

2. The tribunal must consider the evidence presented;

3. The decision must have something to support itself;

4. The evidence must be substantial;

5. The decision must be rendered on the evidence presented at the hearing, or at least contained in the
record and disclosed to the parties;

6. The tribunal or any of its judges must act on its or his own independent consideration of the facts and
the law of the controversy, and not simply accept the views of a subordinate in arriving at a decision; and

7. The board or body should, in all controversial questions, render its decision in such a manner that the
parties to the proceeding will know the various issues involved, and the reasons for the decision.
HOW TO PURSUE ACTIONS?
Regular Conduct of Monitoring
Activity
➢ Site Inspection of Project/Activity
➢ Desk Review of Documentary Submissions
REGULATORY FUNCTION- EMED
Filing of Complaint
➢ Directly filed through the Office
➢ Through Other Modes
➢ Anonymous Complaint
II. Adjudicatory Procedure

A. Complaints
B. Investigation
C. Notice of Violation
D. Technical Conference
E. Resolutions and Decisions
F. Motion for Reconsideration
G. Execution
II. Adjudicatory Procedure

A. Complaints
INITIAL ACTION
➢ DENR- endorse to the concerned EMB Regional Office within 3 days
➢ PAB- endorse to the concerned EMB Regional Office within 3 days
➢ PEMU- endorse to the concerned EMB Regional Office within 3 days upon receipt
➢ EMB CO- (a) shall forthwith commence investigation or (b) endorse to the concerned
EMB Regional Director within 3 days, who shall then order the investigation of the
complaint
➢ PENRO/CENRO- refer to the concerned EMB Regional Office within 3 days from filing.
The PEMU shall coordinate with the PENRO/CENRO to ensure that complaints are timely
referred.
➢ EMB RO- EMB RD shall within 3 days order the investigation of the complaint.
II. Adjudicatory Procedure

A. Complaints

EMB MC 2020-21 (Sec. 1, ITEM II-COMPLAINTS)

➢ GR: All complaints will be transmitted to the EMB RO.

➢ XPN: PEMU- PEMUs can act immediately on the complaint if filed through them.

*Special Order 227- Complaint Resolution Cycle (EMB-Region 3)

II. Adjudicatory Procedure

ANONYMOUS COMPLAINTS
➢ Should be lodged in the complaint logbook complete with the details such as acts or
omissions complained of, the place and time of violation.

*EMB MC 2021-21 (Sec. 3, ITEM II-COMPLAINTS)

➢ GR : shall be DISMISSED
➢ XPN: When attended by documentary or direct evidence to support the complaint
II. Adjudicatory Procedure

A. Complaints
ACTION ON THE COMPLAINT
➢ The technical personnel shall conduct an immediate investigation. (SR)
➢ Under MUP, the Legal Division or Legal Unit shall head the investigation.

➢ Recommendation to the Legal Officer shall be done by the investigating personnel

for the issuance of NOV.
II. Adjudicatory Procedure

A. Complaints

B. Investigation
C. Notice of Violation
D. Technical Conference
E. Resolutions and Decisions
F. Motion for Reconsideration
G. Execution
 II. Adjudicatory Procedure

B. INVESTIGATION
HOW CONDUCTED?
➢ within 3 working days from receipt of the complaint or endorsement
➢ Transmittal of Investigation Report

-within 15 working days , subject to the order for further investigation

-*(Spot/Initial report-within 5 working days)

*EMB MC 2020-21 (Sec 5, ITEM III- ACTIONS ON COMPLAINTS AND MONITORING ACTIVITIES)
• within 5 days from the conclusion of the investigation except when the data requires
laboratory analysis
 II. Adjudicatory Procedure

B. INVESTIGATION
CONTENTS OF INVESTIGATION REPORT
✓ Basic Information
✓ Background Information
-Location, Time of start or end of investigation
✓ Proceedings that transpired on site (i.e., Observations)
✓ Findings and Observations
✓ Remarks
✓ Recommendations- (e.g., Issuance of NOV)
II. Adjudicatory Procedure

A. Complaints
B. Investigation

C. Notice of Violation
D. Technical Conference
E. Resolutions and Decisions
F. Motion for Reconsideration
G. Execution
 II. Adjudicatory Procedure

C. NOTICE OF VIOLATION
WHEN ISSUED?
➢ within 5 days from receipt of the recommendation or endorsement
➢ prima facie evidence of act or omission in violation of the relevant environmental laws

Prima facie evidence- evidence which is, if unexplained or uncontradicted, is sufficient to

sustain a judgment in favor of the issue it supports, but which may be contradicted by
other evidence.
 II. Adjudicatory Procedure

C. NOTICE OF VIOLATION
➢ state the specific violations of law, rules and regulations as well as other information
pertinent thereto.
o The NOVmust be furnished to the Respondent.
➢ require the respondent to submit a position paper and attend the technical conference
set in the NOV (date, place/manner).
➢ https://d.docs.live.net/ccb4c7f451f866c8/Desktop/%5bTEMPLATE%5d_GES%20and%20DP%20RA%209275.docx

➢ https://d.docs.live.net/ccb4c7f451f866c8/Desktop/%5bTEMPLATE%7d%20PD%201586%20ECC%20Condition.docx

➢ https://d.docs.live.net/ccb4c7f451f866c8/Desktop/%5bFor%20RD's%20Approval%5d%20NOV%20TEMPLATE%202021.docx

The issuance of permit, clearance, or certificate of registration applied for by the respondent
shall be held in abeyance.
II. Adjudicatory Procedure

C. NOTICE OF VIOLATION
MODE OF SERVICE
1. Personal service (if practicable)
Alternative Modes:
2. Substituted service - registered mail or courier services
3. Electronic service - electronic mail or OPMS (EMB MC 2020-21)
- 3 consecutive days unless the receipt thereof is sooner acknowledged.
PROOF OF SERVICE: Acknowledgment receipt

Failure to acknowledge the receipt of the electronic mail shall NOT bar the office in continuing
the administrative prosecution of the case.
II. Adjudicatory Procedure

A. Complaints
B. Investigation
C. Notice of Violation

D. Technical Conference
E. Resolutions and Decisions
F. Motion for Reconsideration
G. Execution
 II. Adjudicatory Procedure

D. TECHNICAL CONFERENCE
PURPOSE
➢ affording the respondent an opportunity to be heard
➢ informing the respondent of the possibility of imposition and/or accrual of fines
➢ Simplification of facts and issues
➢ Obtaining commitment from the respondent to implement or undertake remedial
measures, comply with the required licensing or permitting conditions, among others
 II. Adjudicatory Procedure

D. TECHNICAL CONFERENCE

CONDUCT OF TECHNICAL CONFERENCE

➢ As far as practicable, within 15 days from issuance of the NOV
➢ Physical Attendance or
➢ *Video- conferencing – SEC. 3, ITEM VII, EMB MC 2020-21
 II. Adjudicatory Procedure

D. TECHNICAL CONFERENCE

WHO ARE REQUIRED TO APPEAR?

➢ Complainant, if any
➢ Respondent, Pollution Control Officer or persons duly authorized to attend on his/her
behalf
➢ Officers who conducted the investigation/inspection

Effect of Failure of the Respondent to appear: The case shall be decided based on the
merits of the available records
 II. Adjudicatory Procedure

D. TECHNICAL CONFERENCE
EXECUTION OF COMMITMENTS
➢ commission of actions to be performed or to be discontinued
➢ expressed in WRITING, SIGNED by the respondent or his duly authorized representative,
and AFFIRMED by the Hearing Officer.

➢ E- Technical Conference: agreement must be digitally signed by the Regional Director

to preserve its authenticity -Sec. 6, ITEM VII, EMB MC 2020-21
II. Adjudicatory Procedure

A. Complaints
B. Investigation
C. Notice of Violation
D. Technical Conference

E. Resolutions and Decisions

F. Motion for Reconsideration
G. Execution
 II. Adjudicatory Procedure

E. DECISION, FINAL ORDER, AND RESOLUTION

(RD shall decide the case within 30 days after it is deemed submitted)
➢ In Writing
➢ clearly and distinctly state the facts and law on which it is based
➢ Signed by the Regional Director

Order, Resolution and Decision becomes Final and Executory after 15 days from receipt thereof
by the respondent unless within that period an administrative appeal has been perfected
II. Adjudicatory Procedure

A. Complaints
B. Investigation
C. Notice of Violation
D. Technical Conference
E. Resolutions and Decisions

F. Motion for Reconsideration

G. Execution
 II. Adjudicatory Procedure
F. MOTION FOR RECONSIDERATION
➢ within 15 days from notice
➢ must specifically indicate the grounds therefor
➢ Only One (1) Motion for Reconsideration shall be allowed and entertained
➢ RD shall resolve the Motion within 30 days from filing
Note: Order denying the Motion is NOT Appealable.

DENIAL OF THE MOTION

➢ REMEDY: APPEAL
 II. Adjudicatory Procedure

APPEAL

DENR CO

EMB CO

EMB RO

➢ APPEAL from the Decision, Final Order, or Resolution to the Director of EMB CO
II. Adjudicatory Procedure

A. Complaints
B. Investigation
C. Notice of Violation
D. Technical Conference
E. Resolutions and Decisions
F. Motion for Reconsideration

G. Execution
 II. Adjudicatory Procedure

G. EXECUTION

ENTRY OF DECISION/FINAL ORDER

- the finality of the Decision or Order shall be deemed to be the date of its entry.
NOTICE OF ENTRY
-issued to the Respondent, which shall contain the dispositive portion of the
Decision or final Order.
- For the purpose of collection of fines, or execution of penalties.
➢ Upon Finality, the Order, Decision, or Resolution shall be enforced and executed in
accordance with law.
➢ PENRO, CENRO, and Law Enforcement agencies may be requested by the RD to assist in
the enforcement and execution
 II. Adjudicatory Procedure

G. EXECUTION
➢ EFFECT of Defiance/ Non- compliance to Order, Decisions or Resolution

a) Cancellation of Issued Permits, Certifications, and Clearances

b) Withholding of approval of pending applications
c) Issuance of Cease and Desist Order
d) Referral to concerned LGU for withholding of appropriate permits and licenses
e) Filing of civil or criminal action
 FLOWCHART FOR ADJUDICATORY PROCEDURE

Filing of Complaint 8888

PCC
CSC
DENR ACTION CENTER
DENR EMB-CO PAB

EMB- Regional Office (RO)

PENRO CENRO
PEMU
*MC 2020-21
Regional Director (RD) shall within 3 days order the
investigation of the complaint
Within 3 days from filing

*MC 2020-21
The Report should be submitted to RD within 15
days
The TC shall be held within 15 days from the
date of NOV.
There is prima facie evidence of a violation, endorse to
Legal Unit. Issue NOV which shall require the Respondent to
submit Position Paper and attend the TC set in the NOV
 FLOWCHART FOR ADJUDICATORY PROCEDURE

Technical Conference
-Simplification of facts and issues, Computation of Fines, Execution of Commitment by Respondent

Upon expiration of the period agreed upon during the TC, a follow-up inspection is conducted by EMED, after which
a report is prepared

Hearing Officer (HO)gathers all pertinent facts and determines there is no need for further hearing, submits to RD
a report within 15 days, indicating the findings and recommendations

Within 15 days from receipt of the HO’s report, RD shall resolve the case
RA 9275
RA 8749

Elevate to PAB when appropriate Decision, Final Order or Resolution served to Respondent
withing 15 days with a
recommendation of the fines,
and or sanctions to be Respondent file a Motion for Reconsideration (MR) within 15 days from notice
imposed.

RD shall resolve the Motion within 30 days from filing