Briefing and Orientation on New
Rules and Procedures of the
Pollution Adjudication Board (PAB)
26- 27 April 2011
Pollution Adjudication Board
26 April 2011
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Imposition of Fines
2010
Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
The Pollution Adjudication
Board (the PAB) is a quasijudicial body created under
Section 19 of Executive Order
192 for the adjudication of
pollution cases.
Where are we now?
Page 1 PAB Res 01-2010
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
The Board assumes the powers
and functions of the
Commission/Commissioners of
the National Pollution Control
Commission with respect to the
adjudication of pollution cases
under Republic Act 3931 and
Presidential Decree 984...
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
The PAB is organizationally
under the supervision of the
Office of the Secretary of the
Department of Environment and
Natural Resources (the DENR),
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
The Environmental Management
Bureau (EMB) provides the
Secretariat support.
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Organizational Placement coequal w/ RTC
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Sec.7 (d) of PD 984 - Execution of
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
Procedures for
Handling cases
Imposition of Fines
Composed of the following:
Chairman:
DENR Secretary
2010
Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Members:
2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Present Composition:
Imposition of Fines
2010
Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Chairman:DENR Secretary
Presiding Officer: Usec. Demetrio Ignacio
Members:
Usec. Jeremias Dolino
EMB Director Atty. Cuna
Dr. Anthony Chiu (Academe)
Engr. Jeffrey Mijares (Industry)
For. Renato de Rueda (Nat. Resources)
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Imposition of Fines
2010
Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and
Concerns with the
RO
Expanded Jurisdiction of the PAB:
Philippine Clean Air Act of 1999 (R.A. 8749)
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
Where are we now?
Page 7 PAB Res 01-2010
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Important Prohibited Acts Under
Republic Act 9275
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Discharging or depositing materials that could
pollute any water body
Discharging regulated pollutants without valid
discharge permit
Undertaking activities in violation of P.D. 1586
Transport or discharge of prohibited chemicals under
R.A. 6969
Transport or dumping of solid wastes under R.A.
9003
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Important Prohibited Acts Under
Republic Act 8749
Violation of standards for stationary sources
 for actual exceedance of air quality standards or
limitation
Any order, rule or regulation issued by the DENR
with respect to such standard or limitation
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Powers of PAB and Sanctions
Under Republic Act 9275
Recommend to the Secretary, the issuance of Cease
and Desist Orders
Recommend to the Secretary, the imposition of fine
for a minimum of PhP10,000 to a maximum of
PhP200,000.00 per day of violation
Recommend that the proper government agencies
file criminal charges against violators
Pollution Adjudication Board
About PAB
Procedures for
Handling cases
Imposition of Fines
2010
Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Powers of PAB and Sanctions
Under Republic Act 8749
Issuance of Cease and Desist Orders
Imposition of fine for a minimum of PhP10,000 to a
maximum of PhP100,000.00 per day of violation
Recommend to proper government agencies file
criminal charges against violators
Procedures for Handling Cases
About PAB
Procedures for
Handling cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
PAB RESOLUTION I-C
Revised Rules of the Pollution
Adjudication Board (PAB) on
Pleading Practice and Procedure in
Pollution Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
Effectivity:
6 October 1997
Procedures for Handling Cases
About PAB
Procedures for
Handling cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
PAB Resolution No. 1 – Series of 2010
Revised Rules of the Pollution Adjudication
Board (PAB) on Pleading Practice and
Procedure in Pollution Cases
Signed:
29 June 2010
Published: 02 December 2010
Effectivity: 17 December 2010
Pollution Adjudication Process
- Monitoring
- Complaint
-Inspection
Report
NOV1
Compliance
Period
Technical
Conference
Non Compliant
●Endorse to PAB
Compliant
●Resolution
Regional Office
For inspection/reports
Regl Office
Resolution/Order
Execute Order
Fines/Penalties
PAB
Order
Fines/ Penalties
Resolution Issued: CDO, TLO, Fines, FLO/Dismissed
1
Regional Offices should submit copies of all NOVs to the PAB
Imposition of Fines
About PAB
Procedures for
Handling cases
Imposition of Fines
2010 Accomplishment
Statistics of PAB
Cases
Strategies for 2011
Issues and Concerns
with the RO
Where are we now?
2010 ACCOMPLISHMENT
Accomplishments
January to December 2010
2% 11%
CDO
12%
TLO
63%
12%
FLO
Dismissed
others
During this period, the PAB made 22 deliberations with
120 resolutions issued, nationwide.
–
–
–
–
–
3 Cease and Desist Order (CDO)
13 Temporary Lifting Order (TLO)
14 Formal Lifting Order (FLO)
14 Dismissed
76 other resolutions/directives (Show cause, memoranda etc)
Of the 491 cases pending in 2009 – 120 cases were
deliberated and 28 cases (5.7%) were resolved.
2010 ACCOMPLISHMENT
Accomplishments
January to December 2010
2% 11%
CDO
12%
TLO
63%
12%
FLO
Dismissed
others
Three (3) firms (2% of the cases acted in 2010) were
ordered to cease and desist from undertaking pollutiongenerating activities. Instead of discharging untreated
wastewater into the water bodies or aquatic environment,
the Board thru the issuance of CDOs was able to control
discharging untreated wastewater into the different
receiving body of water. This corresponds to 707 kgs of
organic pollutants (BOD5) or 12.4% reduction.
This was calculated from the difference between the effluent
BOD during non-compliance and compliance to the DENR
Standards multiplied by the flow rate.
2010 ACCOMPLISHMENT
In year 2010, the PAB was able to penalize
violating firms with fines amounting to PhP
16,736,149.94.
The bases for the fine imposition are P.D. 984
with a total collection of PhP 13,719.066.65, and
R.A. 9275 (CWA) amounting to PhP 3,017,083.29
2010 ACCOMPLISHMENT
Resolution No. 01 - 2010
POLICY:
PAB Resolution No. 1 Series of 2010, “Revised
Rules of the Pollution Adjudication Board (PAB)
on Pleading, Practice and Procedure in Pollution
Cases” was issued Secretary Ramos on 22 June
2010 and was published in Malaya on 02
December 2010, the same became in effect on 17
December 2010. Orientation with the Regional
Office will be conducted in 2011.
Statistics of PAB Cases
Total Number of Cases
Docketed (1988 – 2011)
816
Inactive
Active
(1998-2004)
(2005-2010)
723
93
FLO Issued
153
139
14
Dismissed
198
192
6
Remaining Cases as of
today
465
392
73
21
4
17
486
396
90
Issue on Fines*
TOTAL
Data as of 08 March 2011
* Cases endorsed by the RO with remaining issue on fines
Programs and Strategies for 2011
In line with the Secretary’s thrust to unclog
the cases pending with the DENR including
the PAB:
1. The Board will convene the Hearing/COF meeting
every Tuesday or Wednesday of the Week;
2. Each Desk Officer of the Secretariat are required to
review at least four (4) cases in a month;
3. The Regional Offices will be required/reminded to
strictly follow their obligation in handling pollution
cases as required in the PAB Resolutions.
(i.e. from actions to complaint, issuance of NOV, conduct
of Technical Conference, endorsement to PAB and
implementation of CDO or Orders of the PAB.)
Role of ROs in Adjudication Process
- Monitoring
- Complaint
-Inspection
Report
1
2
NOV1
Compliance
Period
Technical
Conference
3
4
Non Compliant
●Endorse to PAB
Compliant
●Resolution
Regional Office
6
For inspection/reports
Regl Office
Resolution/Order
Execute Order
Fines/Penalties
PAB
5
Order
Fines/ Penalties
Resolution Issued: CDO, TLO, Fines, FLO/Dismissed
1
Regional Offices should submit copies of all NOVs to the PAB
Roles of RO’s in Adjudication Process
1. Action on Complaints
2. Monitoring
3. Notice of Violation
4. Technical Conference
5. Elevating case to PAB
6. Implementation of CDO
1. Action on Complaints
Rule:
In all complaints cognizable
by the PAB, the Regional
Office shall submit a report
to the Board containing the
following:
– Result of investigation
– Status of the case
– Recommendation
Issue
No such report is being
forwarded to the PAB
Secretariat. The objective of
having said violations monitored
and the same filed before the
PAB as undocketed is therefore
defeated.
Strategy
In order to have a proper accounting
Regional Office who failed to offer proof
be held accountable for cases if the
endorsed to the PAB for issuance of CDO
of these violations, the
of prior submission, shall
same will eventually be
or imposition of fines.
2. Monitoring
Rule:
The Regional Office is
required to submit monthly
reports to the PAB on the
status/updates on cases
referred, investigated and/or
endorsed
Issue
Cases remained inactive due to
absence of updates and
inspection/sampling from the
Regional Office, thereby limiting
the capacity of the PAB in
effectively adjudicating pending
cases
Strategy
The Secretariat will endorse to the PAB with appropriate
recommendations during its annual inventory of cases,
those companies within every Regional Office’s jurisdiction
that have not been inspected for at least twice within the
preceding year.
3. Notice of Violations
Rule:
If based on investigation there is a prima
facie evidence of violation, a Notice of
Violation shall be issued. The PAB shall be
furnished copies of all notices of violation
issued by the Regional Offices (every 5th
day of every month), Notices of violation
shall contain the following:
– Complaint if any
– Date of technical conference
– Results of investigation/analyses
RO shall furnish respondent a copy of the
results of analysis within five (5) days
from the release of the results.
Issue
The Regional Office is not
furnishing respondent a copy of
results of laboratory analysis of
samples taken in order for it to
institute the soonest possible time
measures to abate pollution.
Strategy
Require the Regional Office to include in its reporting a statement
supported by proof of service that respondent was furnished a copy of
the results of laboratory analysis of samples taken.
Page 10 PAB Res 01-2010
4. Technical Conference
Rule:
Within five (5) days from the conduct of compliance testing or validation, the RO shall
elevate the case to the Board regardless of its findings, i.e. whether respondent
passed or failed to comply with the standards. The records shall include the
following:
– Copy of the complaint, inspection, or monitoring report; NOV; Position paper,
commitment sheet/compliance plan; Minutes of technical conference; Results of
laboratory analysis; Resolution of the case.
Issue
Most of the Regional Offices failed to elevate cases in the event that after the
conduct of technical conference, respondent complied with the DENR Standards.
This should not be the case; it is only the PAB/DENR Secretary who has the
authority to impose fines, which in effect waived if the case is not elevated by
the Regional Office.
Strategy
The Secretariat will conduct semi-annual inventory of notices of violation issued
per Regional Office to determine if the same will coincide with the one on file
with the PAB.
Page 11 PAB Res 01-2010
5. Endorsement to PAB
Rule:
The Regional Office is bound to make categorical
recommendations to the PAB as regards to cases elevated
Issue
Some of the Regional Office will elevate cases to the PAB with a
recommendation “for appropriate action”. In elevating cases to the
PAB for adjudication, the Regional Offices are bound to make
categorical recommendations whether the same would be for
issuance of CDO, TLO, extension of TLO, or imposition of fine.
6. Implementation of CDO
Rule:
The Regional Office is bound to
implement fully a CDO issued by
the PAB within a period of 72
hours. If it cannot be
implemented, a written report
shall be transmitted stating
therein the causes of failure to
execute.
Issue
Some Regional Offices are not
submitting reports when they
failed to execute CDO issued
by the PAB; some would mere
report that the same was only
served upon respondent
without offering any
explanation why it failed to
fully execute the Order.
Strategy
Verify from the report whether the Regional Office exhausted all
measures or remedies afforded by the Rules. Thereafter, report the
same to the Board with a recommendation to seek assistance from
other appropriate government agencies.
Rule X Sec 6 (Page 16) PAB Res 01-2010
Thank you.
please visit website at
www.emb.gov.ph
www.estis.sites.net/cien-ph
or you may call our office at
928-1221