Republic of the Philippines

Department of Environment and Natural Resources

ENVIRONMENTAL MANAGEMEl\11' BUREAU
DENR Compound, Visayas Avenue, Diliman, Quezon City 1116
Telephone Nos.: (632)927-15-17, 928-37-25; Fax No.: {632) 920-22-58
Website: http:l/www.emb.gov.ph I Email: mail@emb.gov.ph

EMB MEMORANDUM CIRCULAR

No. 2020- 21
SUBJECT SUPPLEMENTAL RULES OF THE EMB MANUAL FOR
UNIFORM PROCEDURES FOR COVID-19 PANDEMIC

Pursuant to Proclamation No 922, "Declaring a State of Public Health Emergency

throughout the Philippines", and the implementation of Enhanced Community Quarantine and
General Community Quarantine over the entire Island of Luzon and other areas of the
Philippines in view of the measures adopted to combat COVID-19, and the need for the
continuity of operations for the enforcement of laws in the Environmental Management
Bureau, the following supplemental rules are herein adopted:
ITEM I - GENERAL PROVISIONS

Section 1. Title of the Rules. These Rules shall be known and cited as the Supplemental EMB
Uniform Procedure for COVID-19 Pandemic.

Section 2. In What Offices Applicable. These Rules shall apply in the Regional and Central
Offices of the Environmental Management Bureau.

Section 3. Construction. These Rules shall be liberally construed in order to promote their
objective of securing a just, speedy, and inexpensive disposition of every action and
proceeding.

ITEM II - COMPLAINTS

Section 1. Who may File a Complaint. Any person may file a complaint with the DENR,
PENRO, CENRO, PAB, EMB Central Office, EMB Regional Office, or PEMU. All such
complaints shall be transmitted to the EMB Regional Office acquiring territorial jurisdiction
over the subject-matter of the complaint except for PEMUs who can act immediately on the
complaint if the complaint is filed through them.

Likewise, complaints endorsed by any other government agency shall be acted by the EMB
Regional Office acquiring territorial jurisdiction over the subject-matter of the complaint.

Section 2. Form and Sufficiency of the Complaint. The complaint shall be written in clear
and concise language and must specify the full names and the addresses of the complainant,
respondent/s, and witnesses. The acts or omissions complained of, or the activity or project
being complained must be stated in the complaint. Documents in support of the complaint
such as videos, photographs, or other documentary evidence may be attached along with the
complaint
Failure to provide any of the information required shall be a basis to dismiss the complaint,
without prejudice to re-filing the same.

Section 3. Anonymous Complaints. Complaints lodged by an unknown plaintiff shall be

dismissed, except when the complaint is attended by documentary or direct evidence to
support the same.

ITEM III-ACTION ON COMPLAINTS AND MONITORINGACTIVITIES

Section I. How to Act on Complaints. If the complaint is found to be in order, Legal Officer
shall issue a recommendation to the Director or Regional Director to conduct an immediate
investigation by the technical personnel to determine the veracity of the complaint.

For activities with permits, certifications, and clearances issued by EMB, records of the said
project shall be gathered, including but not limited to the permitting documents, additional
information, monitoring reports, laboratory resi.Ilts of sampling, and other pertinent
documents deemed necessary for the identification of the veracity of the complaint.

Section 2. Desk Review/TableMonitoring. A review of the Self-MonitoringReports (SMRs)

and the Compliance Monitoring Reports (CMRs), previous on-site monitoring reports,
inspection reports, and other submissions shall be conducted to check compliance with the
terms and conditions/post requirements of the issued permit and other applicable laws or
regulations. The results of the review shall be contained in the report.

Likewise, the technical divisions shall recommend to the Legal Officer the adjudication of
the case if findings result in a violation of establishments of environmental laws such as
operating without valid permits, certifications, or clearances.

The technical staff in-charge of leading the investigation may ask from the complainant
substantial proof for ascertaining the matters alleged in the complaint, such as photos, videos,
or other pieces of evidence that may establish the complaint.

Section 3. On-Site Monitoring/Inspection.The technical staff of the office shall lead the
conduct an ocular inspection on the premises of the complained activity, project, or location.
The collection of relevant data and samples must be made during the conduct of the
inspection.

Section 4. Contents of the Investigation Report. In either method provided under the
preceding sections, the investigation report shall contain the location site, the date of
investigation, time of the start and end of the investigation, the observations on site,
equipment/methodology used for sampling, and other relevant information. The report must
contain findings of facts and clear and concise recommendations.

Section 5. Transmittal of Investigation Report. The reports produced under this Rule shall
be submitted within five (5) days from the conclusion of the investigation except when the
data requires laboratory analysis.

ITEM IV - SERVICE OF NOTICES AND PLEADINGS

 1. Personal Service. As far as practicable and if convenient, all notices,
Section
communications, pleadings, may be personally served by officers ofEMB.

All orders, decisions, or resolutions, shall be personally served by officers of EMB.

Acknowledgment of receipt of such a document must be acquired by the officer.

Section 2. SubstitutedService. In case of difficulty in conducting the personal service of all

notices, communications, pleadings, orders, decisions, or resolutions, shall be served by
officers of EMB, the office may serve the same through registered mail or courier service.
A Cease and Desist Order (CDO), however, must be served personally by EMB Officer.
Acknowledgmentof receipt of such a document must be ensured to be acquired by the officer
from such registered mail or courier service.

Section 3. Electronic Service. In case that the notices, communications, and other pleadings
shall be served to the official electronic mail address of the respondent or its Pollution
Control Officer, service must be done through the official electronic mail address of the
Records Office of the EMB Office concerned, or through the OPMS, as the case may be.

The said electronic mail service shall attach the electronic copy of the signed document to
be served to the official electronic mail address of the parties, with an instruction to
acknowledge the receipt of the electronic mail service.

Electronic service shall be made once a day for three (3) consecutive days unless the recipient
sooner acknowledgedthe receipt of the same.

Failure to acknowledge the receipt of the electronic mail shall not bar the office in continuing
the administrative prosecution of the case.

ITEM V - NOTICE OF VIOLATION

Section 1. When Issued. When the facts gathered during the inspection/investigation provide
a primafacie evidence of act or omission in violation of the relevant environmental laws, a
Notice of Violation shall be issued towards the person or entity complained of.

Section 2. Form. The Notice of Violation shall be issued in writing, and shall state the
specific violations of law or rules and regulations as well as other information pertinent
thereto. The Notice of Violation shall require the respondent to submit a position paper and
attend the technical conference in the place or manner, and date provided.

The Notice of Violation shall be served either personally, if practicable, or electronically to

the respondent, copy furnished the complainant, and the office from which the complaint
may have originated.

Section 3. Effect of Issuance of Notice of Violation. The issuance of the permit, clearance, or
certificate of registrationapplied for by the respondent shall be held in abeyance, unless the
same has been allowed to proceed by the EMB Director or EMB Regional Director.
 ITEM VI -ANSWER

Section 1. When must the Answer be filed. Within fifteen (15) days from the receipt of the-
Notice of Violation, or upon attendance to the date of the technical conference, the
respondent must file his answer, raising his defenses and position to the allegations on the
Notice of Violation.

Section 2. Form of Answer. The answer must specifically respond to each of the allegations
made on the Notice of Violation, supported by documents or proof, and the same be signed
by the party or counsel representing him, stating, in either case, his address which should not
be a post office box.

Section 3. How to File Answer. The respondent may file his responsive pleading by either
personal or substituted service to the EMB Office concerned, or through the official
electronic mail of the EMB Office, copy furnished the complainant.

Section 4. Failure to File Responsive Pleading. In case the respondent fails to submit its
Answer to the Notice of Violation, the case shall be decided based on the merits and records
of the proceedings of the case.

ITEM VII - TECHNICAL CONFERENCE

Section l . Purpose. A technical conference is a consultation or a formal meeting called or

convened by the EMB Central or Regional Office primarily for:
a. Allowing the respondent or his duly authorized representativeto contest
the basis of a Notice of Violation;
b. Informing the respondent of the possibility of imposition and/or accrual
of fines;
c. Simplification of facts and issues;
d. Obtaining a commitment from the respondent to implement remedial
measures to abate or mitigate the pollution complained of, or undertake
to comply with the required licensing or permitting conditions or
requirements or requirements of the regulations, as applicable, among
others.

Section 2. When conducted. Upon motion of the complainant, or order of the EMB Director
or Regional Director, the technical conferencemay be held in a place or manner specified,
and as far as practicable, within fifteen (15) days from the receipt of the Notice of Violation.

Section 3. How conducted; Social Distancing Measures; E-TechCon. Parties to the case must
appear before the Hearing Officer in a place and to the date designated by the EMB Office.

The EMB Central or Regional Offices may adopt physical attendance with social distancing
measures, or video-conferencing, or a combination of both, for the conduct of Technical
Conference.

All persons in physical attendance and officiating the conduct of technical conferencesmust
at all times observe proper social distancing. The EMB Central or Regional Officemay adopt
measures and the installation of such facilities to prevent the physical contact from all the
concerned parties.

In case of internet video-conference, an electronic internet address link must be provided by

the EMB Office concerned in the Notice of Violations to be issued. The EMB Central and
Regional Office shall make available the internet and technological facilities to ensure the
convenient and orderly conduct of its technical conference.

Section 4. Who is required to Appear. The technical conference shall be attended by the
complainant if any; respondent, persons duly authorized to attend on behalf of the
respondent; the pollution control officer of the respondent if any; and the officers who
conducted the investigation.

Section 5. Failure to Appear on the Technical Conference. In case the respondent fails to
appear during the technical conference, the case shall be decided based on the records of the
case.

Section 6. Executionof Commitments. The respondent may pledge the commission of actions
to be performed or not to be continued, as the case may be, ultimately to abate or mitigate
the environmental effects and/or impacts of the acts complained of, or otherwise address the
issues discussed during the technical conference. Such commitment must be expressed in
writing, and signed by the respondent or his duly authorized representative, and affirmed by
the Hearing Officer.

In case the technical conference was done through video conference, the disposition or
agreement must be digitally signed by the EMB Director or Regional Director to preserve
its authenticity.

Section 7. Minutes of the Technical Conference. All discussions during the Technical
Conference shall be recorded and transcribed and shall form part of the records of the case.

ITEM VIII - DECISION, FINAL ORDER, AND RESOLUTION

Section 1. Rendition of Decision or Final Order. A decision or final order determining the
merits of the case shall be in writing, stating clearly and distinctly the facts and the law on
which it is based, signed by EMB Director or EMB Regional Director.

Section 2. The entry of Decision or Final Orders. If no notice of appeal or motion for
reconsideration is filed within the time provided in these Rules, the decision or final order
shall forthwith be entered into the records. The date of the finality of the decision or final
order shall be deemed to be the date of its entry.

Section 3. Notice of Entry. The notice shall be issued to the parties, which shall contain the
dispositive part of the decision or final order. The notice shall be signed by the head of the
Legal Unit in the Regional Office or Prosecution and Legal Enforcement Section in the
Central Office, with a certification that such decision or final order has become final and
executory.
Section 4. Execution; Effectof Defiance to Order. After the final order, decision, or
resolution of the EMB Director or EMB Regional Director has become executory, the same
shall be enforced and executed in accordance with the law.

In case of non-compliance with the order, decision, or resolution by the respondent, or non-
compliance to the environmental commitments submitted by the respondent,remedies such
as but not limited to the following shall be undertaken:
a. Cancellation of Issued Permits, Certifications, and Clearances;
b. Withholding of the approval of pending applications;
c. Issuance of Cease and Desist Order;
d. Referral to the concerned local government unit for withholding of
appropriate permits and licenses;
e. Filing of civil or criminal action by the EMB Director or Regional Director
or his duly authorized representative.

ITEM IX- MOTION FOR RECONSIDERATION

Section 1. Who mayfile a Motionfor Reconsideration.Any applicant or opposition may file

for a motion for reconsideration within fifteen (15) days from the date of notice of the
decision of the EMB Director or Regional Director

Section 2. Contents of the Motionfor Reconsideration; Grounds. The motion shall be made
in writing stating the ground or grounds therefor, a written notice of which shall be served
by the movant on the opposing party.

A motion for reconsideration shall point out specifically the findings or conclusions of the
decision or final order which are not supported by the evidence or which are contrary to law,
making express reference to the testimonial or documentary evidence or to the provisions of
law alleged to be contrary to such findings or conclusions.

Section 3. Resolution of Motion.The office may cause the modification of its prior decision
on the matter, upon such terms as may be just, or may deny the motion. If the office finds
that its initial decision is contrary to the evidence or law, the same may be amended
accordingly

Section 4. Second Motion forReconsideration. No Party shall be allowed a second motion

for reconsideration of the order, decision, or resolution.

Section 5. Remedy against Order Denying the Motion. An order denying a motion for
reconsideration is not appealable, the remedy is an appeal from the decision, finalorder, or
resolution.

ITEM X-APPEALS IN THE EMB CENTRAL OFFICE

Section I. Who may file an Appeal; Subjectof Appeal. Any person may file their appeal to
the EMB Central Office within fifteen (15) days from receipt of on the decision, order, or
resolution issued by the EMB Regional Office.
Section 2. How to Appeal. The appeal is taken by the filing of a notice of appeal with the
EMB Regional Office that rendered the issuance of permit, certificate, or clearance. The
Notice of Appeal shall indicate the parties to the appeal, the issuance or part thereof appealed
from, and statement of material dates showing the timeliness of the appeal.

Copies of the notice shall be served on the adverse party and the EMB Central Office.

Section 3. The perfection of Appeal. Within the period of filing an appeal, the applicant shall
pay to the cashier of the EMB Regional Office the full amount of the appeal and other lawful
fees. An appeal is deemed perfected upon the timely filing of the notice and the payment of
the appeal fee.

Upon Order issued by the EMB Central Office, proof of payment thereof shall be transmitted
to the EMB Central Office together with the original records of the case.

Section 4. Duty of the EMB Regional Office. Within fifteen (15) days from the Order issued
by the EMB Central Office on the appeal, the EMB Regional Office shall transmit the
original record of the case, together with all the documentary records and additional
information, which the EMB Regional Director shall certify as complete.

A copy of the letter of transmittal of the records to the EMB Central Office shall be furnished
to all the parties.

Section 5. Form and Contents of Notice of Appeal. The full names of all the parties to the
proceedings shall be stated in the caption of the Notice of Appeal, and it shall include the
issuance from which the appeal is taken, and in chronological order, copies of pleadings,
oppositions, motions, and all interlocutory orders as are related to the appealed issuance for
the proper understanding of the issue involved, together with such data as will show that the
appeal was perfected on time.

Section 6. Notice to the Parties; Filing a/AppealMemoranda.

a. Upon receipt of the complete record, the EMB Director shall notify the
parties of such fact.
b. Within fifteen ( 15) days from such notice, it shall be the duty of the appellant
to submit a memorandum which shall briefly discuss the errors imputed to
the EMB Regional Office, a copy of which shall be furnished by him to the
adverse party. Within fifteen (15) days from receipt of the appellant's
memorandum. the appellee may file his memorandum. Failure of the
appellant to file a memorandum shall be a ground for dismissal of the appeal.

Section 7. Filing of AppealBrief Upon order, the Appellant shall file their Brief in the period
provided on the order, stating the facts, reasons, and legal basis for the relief it may seek.
The Appellant shall attach with the brief all evidence, oral and documentary, with proof of
service to the appellee.

Section 8. Filing of Comment on the Appeal. Upon order, the appellee may file its brief or
comment on the appellant's brief within the period provided in the order. Appellee shall
attach with the brief all evidence, oral and documentary, with proof of service to the
appellant.
Section 9. Dismissal of Appeal. Prior to the transmittal of the original record, the EMB
Central Office may motu propio or on motion to dismiss the appeal for having been taken
out of time.

ITEM XI -ADMINISTRATIVE LIABILITY AND FINAL PROVISIONS

Section 1. Effect of Non-Compliance. All officers of the EMB Central and EMB Regional
Office who shall fail to comply with the provisions of this Supplemental Rules shall be
subject to administrative liability in accordance with Civil Service and other pertinent laws,
rules, and regulations.

Section 2. Separability Clause. If any of the provisions of this Manual is declared invalid,
void, or unconstitutional, the remaining provisions not affected thereby shall remain in full
force and effect.

Section 3. Effectivity. This Provisional Rules shall take effect fifteen (15) days from the date
of its issuance and posting, and shall take effect for the duration of the declaration of the
State of Public Health Emergency throughout the Philippines, or the existence of Enhanced
Community Quarantine in some areas, or the General Community Quarantine, or any
variation or combination thereof, until these Rules are otherwise revoked.

Issued this 26th day of May, 2020.

Digitally signed by EMB- CO

Date: 2020.05.2613:53:36
'+08'.00
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ENGR. WILLIAM P. CUNADO

CIC-Director

Protect the environment. .. Protect life ...