Pollution Adjudication Board:

Rules and Procedures,

Imposition of Fines &
Penalties

Atty. Linel C. Manayang

 Pollution Adjudication Board
About PAB

Procedures for Ha The Pollution Adjudication

ndling 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 Ha
The Board assumes the powers
ndling 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
About PAB

Procedures for
Handling Cases Composed of the following:
Imposition of Fines
Chairman: DENR Secretary

Members:

2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary
 General Powers and Functions Pollution
Adjudication Board under PD 984
e. Issue orders of decisions to compel compliance with the provisions of P.D. 984.

f. Make, alter or modify orders requiring the discontinuance of pollution.

g. Issue, renew, or deny permits (transferred to EMB upon enactment of RA 9275

and RA 8749)

j. Serve as arbitrator for the determination of reparations, or restitution of the

damages and losses resulting from pollution.

k. Deputize in writing or request assistance of appropriate government agencies

or instrumentalities for the purpose of enforcing this Decree and the orders and
decision of the Commission (Board).

p. Exercise such powers and functions as may be necessary to carry out its duties
and responsibilities.
 WHEN ACTION IS DEEMED
COMMENCED
• upon the filing of a complaint with the
Board ;

• or with the Regional Office;

• Through the issuance of Notice of

Violation .
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
and to the DENR Stds.)
Within 90 days (Regional Director)
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
 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 to
conduct second sampling
• Request from the respondent.

• Completion date of the mitigating measures,

within 5 days thereof.
• Discretionary on the part of 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
• Where a commitment to undertake a PCP was made by
the respondent during the Technical Conference, a
certification from the Regional Office that such a PCP
has been fully completed or implemented; and
• Such other conditions which the Board may deem
appropriate under the circumstances
 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, …
 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
Failure or refusal to clean‐up
which results in serious injury or loss
of life or lead to irreversible water
contamination
No discharge permit
PAB Resolution 2019-01
PENALTY
Imprisonment of not less than 6 yrs.
and 1 day and not more than 12 yrs.
and fine of PhP500,000 per day for
each violation.
Fine of not less than PhP10,000 but
not more than PhP200,000 for every
day of violation.
Fine of not less than 19,500
 PENAL PROVISION of RA
8749
VIOLATION PENALTY
• (PAB) shall impose a fine of not more
• for violation of actual than (PhP100,000.00) for every day
exceedance of air of violation against the owner of the
quality standards. source. Cease and desist order shall
also be issued.
• a fine of not less than Ten Thousand
Pesos (P 10,000.00) but not more
than One Hundred Thousand Pesos
• for violation of other (P 100,000) or six (6) months to six
provisions (6) years imprisonment or both shall
be imposed for violators.
 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
hazardous waste • Imprisonment/Fine<=P500T
3) Use of chemicals in
violation of the IRR • Imprisonment/Fine<=P500T
 PENAL PROVISION of RA
9003
VIOLATION PENALTY
• Littering, throwing and dumping of waste • P 300 – P 1,000 or
matters in public places and water Community service between
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
• Open dumping, burying of biodegradable & • P 300 up to P
non-biodegradable materials in flood prone 1,000 or
areas imprisonment of 15
• Unauthorized removal of recyclable days to 6 Months
materials for collection by authorized
persons
 PENAL PROVISION of PD
1586
VIOLATION PENALTY
• Operating without an • 50,000.
ECC For minor violation
• 10,000 – first offense
• 25,000 – second offense
• Violation of any ECC • 50,000 – third offense
conditions. • 50,000 plus suspension – 4th
offense
For major violation
• 25,000 – first offense
• 50,000 – second offense
• 50,000 plus suspension – 3rd
offense
 Thank You
For further inquiries, please
visit our website at
www.emb.gov.ph
or you may call our office at
8936 – 8104