Briefing and Orientation On New Rules and Procedures of The Pollution Adjudication Board (PAB)

Briefing and Orientation on New
Rules and Procedures of the

Pollution Adjudication Board (PAB)
January 18, 2019

Pollution Adjudication Board
The Pollution Adjudication

Board (the PAB) is a quasi-
judicial body created under
Section 19 of Executive Order
192 for the adjudication of
pollution cases.
Page 1 PAB Res 01-2010

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...
The PAB is organizationally

under the supervision of the
Office of the Secretary of the
Department of Environment and
Natural Resources (the DENR),
The Environmental Management

Bureau (EMB) provides the
Secretariat support.
Organizational Placement co-

equal w/ RTC
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, …
Composed of the following:
Chairman: DENR Secretary
Members:
2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary
Present Composition:
Chairman: Secretary Roy Cimatu
Members:
Usec. Rodolfo C. Garcia
Usec Atty. Jonas R. Leones
Usec Atty. Ernesto D. Adobo, Jr.
Usec Atty. Analiza R. Teh
HEA Mario F. Chan
EMB Director Engr. Metodio U. Turbella
Demetrio L. Ignacio
Board Secretary:
Dir. Domingo M. Clemente, Jr.
Engr. Teresita A. Peralta (Deputy
Secretary)
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

Important Prohibited Acts Under

Republic Act 9275
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
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
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
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
PAB RESOLUTION I-C
Revised Rules of the Pollution

Adjudication Board (PAB) on
Pleading Practice and Procedure in
Pollution Cases
Effectivity:
6 October 1997
Procedures for Handling Cases
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
Imposition of Fines
Role of ROs in Adjudication Process
- Monitoring Compliance
1 - Complaint NOV1 Technical Period
-Inspection Conference
Report
2 3
4
Non Compliant Compliant

●Endorse to PAB ●Resolution
Regional Office
For inspection/reports
6 PAB 5
Regl Office Resolution/Order

Order
Execute Order Fines/Penalties 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
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
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.

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.

5. Endorsement to PAB
Rule:
The Regional Office is bound to make

categorical recommendations to the PAB
as regards to cases elevated
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.
Rule X Sec 6 (Page 16) PAB Res 01-2010

Issues affecting the
Pollution Adjudication
Board
i. Non-issuance of a Notice of
Violation (NOV)
• The non-issuance of NOV affects

the admissibility of the results of
laboratory analysis upon which the
computation of the fines is largely
based
• Failure to issue NOV is violative of
the right of the respondent to due
process.
ii. Non-observance of the ninety
(90) day period rule
• The Regional Offices fail to observe

that upon lapse of the maximum
ninety (90) day period granted upon
respondent from the date of technical
conference, the case must
immediately be elevated to the Board.
[Note:This rule is regardless of respondent’s

compliance or non-compliance. ]
iii. Submission of copies of
commitment
• The Regional Offices must submit to the

PAB a copies of the commitments made by the
Respondent during the technical conference
within seventy-two (72) hours from the conduct
thereof as (Rule VI, Section 1, Paragraph (c) of PAB
Resolution 1-C)
• PURPOSE: for the PAB to monitor and

to have an inventory of violations
that undergo technical conference
iv. Transmission of originals
• Once the Regional Office endorses a

case to the PAB, it must transmit as
well the original documents/records of
said case.
• PURPOSE: To substantiate the case.

The following documents must be
submitted in its original:
1. results of laboratory analysis which serves as the
basis for issuance of the notice of violation (NOV);
iv. Transmission of originals
cont’n.
2. A copy of the Notice of Violation issued;
3. minutes of the technical conference
conducted;
4. commitments made by the respondent
during said conference;
5.results of laboratory analysis of
confirmatory sampling should respondent
commit to accomplish its pollution control
device within the maximum of ninety days;
6. chronology of events
7.evidences for infraction other than those
committed by respondents against the
DENR Standards, such as permit violations.
v. Categorical
Recommendations
In elevating cases to the PAB for
adjudication, the Regional Offices are
bound to make categorical
recommendations. Particularly
expressed in the PAB Resolution 1-C[1],
Series of 1997 is for the Regional Offices
to recommend a CDO if after a follow-up
inspection, it is determined that the
respondent still fails to comply with the
DENR Standards.
[1] Rule VI, Section 7
vi. Execution of Cease and Desist
Orders (CDO)
The Regional Offices are

required to provide complete
documentation on how the
Cease and Desist Orders were
executed, which shall include
among others photographs of
the implementation.
vii. Regular Monitoring of the
Regional Offices
Regional Offices must be reminded

to continuously monitor/sample
firms especially those with pending
PAB cases, particularly those who
were issued CDOs (at least semi-
annual or quarterly). Reports shall
be transmitted to the Board within
fifteen (15) days from the
termination of
monitoring/sampling activity.
viii. Comments on every
Pleadings/Documents submitted
The Regional Office must

observe the ten (10) day
period within which to
automatically file its
comment to a pleading filed
by respondent or an
interested party before the
PAB.
Thank you.
Samson J. Guillergan, Ph.D
Adviser, PCAPI Region 6

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Briefing and Orientation on New

Rules and Procedures of the

January 18, 2019

The Pollution Adjudication

Page 1 PAB Res 01-2010

The Board assumes the powers

The PAB is organizationally

The Environmental Management

Organizational Placement co-

Sec.7 (d) of PD 984 - Execution of

Composed of the following:

Chairman: DENR Secretary

Expanded Jurisdiction of the PAB:

Philippine Clean Air Act of 1999 (R.A. 8749)

Philippine Clean Water Act of 2004 (R.A. 9275)

Page 7 PAB Res 01-2010

Important Prohibited Acts Under

Discharging or depositing materials that could

Important Prohibited Acts Under

Violation of standards for stationary sources

Any order, rule or regulation issued by the DENR

Powers of PAB and Sanctions

Recommend to the Secretary, the issuance of

Recommend to the Secretary, the imposition of fine

Recommend that the proper government agencies

Powers of PAB and Sanctions

Issuance of Cease and Desist Orders

Imposition of fine for a minimum of PhP10,000 to a

Recommend to proper government agencies file

PAB RESOLUTION I-C

Revised Rules of the Pollution

PAB Resolution No. 1 – Series of 2010

Revised Rules of the Pollution Adjudication

Signed: 29 June 2010

Non Compliant Compliant

Regl Office Resolution/Order

Resolution Issued: CDO, TLO, Fines, FLO/Dismissed

Page 10 PAB Res 01-2010

Page 11 PAB Res 01-2010

The Regional Office is bound to make

Rule X Sec 6 (Page 16) PAB Res 01-2010

• The non-issuance of NOV affects

• The Regional Offices fail to observe

[Note:This rule is regardless of respondent’s

• The Regional Offices must submit to the

• PURPOSE: for the PAB to monitor and

• Once the Regional Office endorses a

• PURPOSE: To substantiate the case.

The Regional Offices are

Regional Offices must be reminded

The Regional Office must

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