i Republic of the Philippines SS Department of Environment and Natural Resources 8S ENVIRONMENTAL MANAGEMENT BUREAU — DENR Compound, Visayas Avenue, Diliman, Quezon City 1116 SS" eehonw hen 2027-16-17, 0283725 Fox No: (62) 0202258 —_ ‘Website: hitp:iwww.emb gov.ph / Email: mail@emb.gov.oh 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 Il- 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 shail be dismissed, except when the complaint is attended by documentary or direct evidence to support the same, ITEM I- ACTION ON COMPLAINTS AND MONITORING ACTIVITIES Section 1. How fo 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 results of sampling, and other pertinent documents deemed necessary for the identification of the veracity of the complaint. Section 2. Desk Review/Table Monitoring. A review of the Self-Monitoring Reports (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, ‘equipmentimethodology 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Seetion 1. Personal Service. As far as practicable and if convenient, all notices, communications, pleadings, may be personally served by officers of EMB. 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. Substituted Service. 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. Acknowledgment of 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 concemed, 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 acknowledged the 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 inspectiorVinvestigation provide a prima facie 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. Eifect of Issuance of Notice of Violation. The issuance of the permit, clearance, oF certificate of registration applied 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 ease, 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 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 1. 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 representative to contest the basis of a Notice of Violation; b. Informing the respondent of the possibility of imposition and/or accrual of fines; ©. Simplification of facts and issues; 4. 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 conference may 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 conferences must, atall times observe proper social distancing. The EMB Central ot Regional Office may adopt,measures and the installation of such facil concerned parties. ies to prevent the physical contact from all the In case of intemet video-conference, an electronic intemet 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 intemet 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 complsinant 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. Execution of 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 determi merits of the case shall be in writing, stating clearly and distinctly the facts and the law on which itis 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; Effect of 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: Cancellation of Issued Permits, Certifications, and Clearances; Withholding of the approval of pending applications; Issuance of Cease and Desist Order; Referral to the concemed local government unit for withholding of appropriate permits and licenses; . Filing of civil or criminal action by the EMB Director or Regional Director or his duly authorized representative. pose ITEM IX~ MOTION FOR RECONSIDERATION Section 1. Iho may file a Motion for 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 Motion for 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 la ‘making express reference tothe 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 oon 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 for Reconsideration. 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, final order, or resolution. ITEM X - APPEALS IN THE EMB CENTRAL OFFICE Section 1. Who may file an Appeal: Subject of 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 fing 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 ofthe 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. Accopy of the letter of transmittal of the records to the EMB Central Office shall be furnished toall the parties. Section 5. Form and Contents of Notice of Appeal. The fall 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 of Appeal Memoranda, 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 appellantto file a memorandum shall be a ground for dismissal of the appeal. Section 7. Filing of Appeal Brief. Upon order, the Appellant shall file their Briefin 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 26 day of May, 2020. Oia nay 8-0 ‘ats os (Tak "eon ENGR. WILLIAM P. CUNADO. OIC-Director Protect the envrerment.. Protec fe.