Adjudication of Pollution and Admin Cases

Department of Environment and Natural Resources
ENVIRONMENTAL MANAGEMENT BUREAU XII

Regional Government Center, Brgy. Carpenter Hill, Koronadal City
Tel. No. (083) 228-1071 • Fax No. (083) 228-1072
E-mail: [email protected] • [email protected]
• Adjudication of Administrative and Pollution Cases

• Pollution Adjudication Board
ENGR. DJAIRAH MONICA CACERES

Paralegal
ALL RIGHTS RESERVED. The copyright of this presentation rests with author. No part of this work should be reproduced or published by any
means without author’s prior consent and information derived from it should be acknowledge.
I. Adjudicatory Procedure
II. Pollution Adjudication Board (PAB)
III. Fines and Penalties under PAB
IV. Fines and Penalties imposed by EMB

Regional Office
V. PAB Resolutions
a. PAB 2019-01
b. PAB 2021-02
TOPICS c. PAB 2021-04
Copyright © 2018 All Rights Reserved.

3 6/28/2023
What is a Pollution Control Officer?
4 6/28/2023 Copyright © 2018 All Rights Reserved. DENR - Environmental Management Bureau XII
Pollution Control Officer
- A technical person competent
in pollution control and
environmental management,
performing the duties and
responsibilities in a particular
establishment and officially
accredited by EMB Regional
Office to perform such
responsibilities.
5 6/28/2023 Copyright © 2018 All Rights Reserved. DENR - Environmental Management


Regional Office
V. PAB Resolutions
a. PAB 2019-01
b. PAB 2021-02

Process Flow
Endorsement to Legal Unit

for Issuance of NOV with
Conduct of Compliance the Invitation for Technical Conduct of Technical
Monitoring/ Conference and Conference and
Review of available requirement for submission signing of commitment
records of notarized position paper (as needed)
within 10 days from receipt
of the notice.
Appeal to
Central Office Issuance of
Issuance of Filing of MR
within 15 days Order/
Decision within 15 days
upon receipt of Resolution
Decision
What is a Notice of Violation or NOV?
NOTICE OF VIOLATION
➢ It is a document issued to a person, facility or business entity informing

the that person, facility or entity that certain acts or omissions in the
course of its business operation or relating to conduct of its business
have been committed or ARE continuously being committed in
violation of pollution and environmental management law/s.
➢ Shall state the specific violation of law or rules and regulations, as well
as other information pertinent thereto in the format prescribed by the
EMB.
➢ Shall require the respondent to submit a position paper within 10 days

from receipt of the Notice and attend the technical conference set in the
NOV.
➢ The NOV, including the copy of the relevant Inspection Report, must be
furnished to the Respondent.
NOTICE OF VIOLATION SAMPLE

COMMITMENT FORM

SAMPLE RESOLUTION

SAMPLE RESOLUTION

SAMPLE MOTION FOR RECONSIDERATION (MR)
Republic of the Philippines

Environmental Management Bureau XII
Carpenter Hill, Koronadal City, South Cotabato
Honorable Regional Director: ENGR. OMAR M. SAIKOL
IN THE MATTER OF
VIOLATIONS OF PD 1586
AND ITS IMPLEMENTING
RULES AND REGULATIONS DENR EMB XII Case No. 12-066-23
XXX HOSPITAL, INC. located

at Polomolok , South
Cotabato represented by
JUANA DELA CRUZ
RESPONDENTS, hereby files Motion for Reconsideration

from the Resolution issued on 13 June 2023 which was received on 20
June 2023 by RESPONDENTS and respectfully avers: THAT
RESPONDENTS, hereby files Motion for

Reconsideration from the Resolution issued on 13 June 2023
which was received on 20 June 2023 by RESPONDENTS and
respectfully avers:
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sfjfjfjjfjfjfjfjfjfjfjjfjfjfjfjfjfjjfjdopsdjfopsdfjsopdjfposdjfpdjfsiodjfopsf
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SAMPLE MOTION FOR DECISION

Complaints
16 6/28/2023 DENR - Environmental Management Bureau XII

FORM OF COMPLAINT
❖ Complaint
➢ -shall be written in a clear and concise language, whether Filipino,

English or in local dialect, specifying the full names and addresses of
the complainants, respondents, and witnesses, if any.
➢ It shall state the acts or omissions complained of, the place and time
of violation, and the remedy or relief sought.
❖ Verbal Complaints
➢ - relayed through verbal reporting and/or through telecommunications.

➢ -should be logged in the complaint logbook complete with details such
as acts and omissions complained of, and the place and time of
violation.
FORM OF COMPLAINT
❖ Anonymous Complaints
➢ should be lodged in the complaint logbook complete with details such

as acts and omissions complained of, and the place and time of
violation.
Process Flow – Resolution of Complaint

for Issuance of NOV with the
Investigation Report Conduct of Technical
Invitation for Technical
with recommendation Conference and
Conference and requirement
for issuance of NOV signing of commitment
for submission of notarized
(as needed)
position paper within 10 days
from receipt of the notice.
Appeal to Central Filing of MR

Issuance of
Office within 15 Issuance of within 15 days
Order/
days upon receipt Decision upon receipt of
Resolution
of Decision Order/Decision

Regional Office
V. PAB Resolutions
a. PAB 2019-01
b. PAB 2021-02

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.

Pollution Adjudication Board
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
DIR. GILBERT C. GONZALES Asst. Dir. ESPERANZA A. SAJUL

Board Member Alternate to the EMB Director
Board Member
What is a pollution?
Pollution
- shall mean any alteration of the
physical, chemical or biological
properties of any water, air and/or
land resources of the Philippines, or
any discharge or emission thereto of
any liquid, gaseous or solid wastes as
will be likely to create or to render
such water, air and land resources
harmful, detrimental or injurious to
public health, safety or welfare or
which will adversely affect their
utilization for domestic, commercial,
industrial, agricultural, recreational
or other legitimate purposes.
What is a pollution case?
Pollution Case
- Refer to the controversies
being resolved involving
pollution control and
environmental
management laws
General Jurisdiction
The Board shall have exclusive jurisdiction over the

adjudication of pollution cases, and all other matters
related thereto, including the imposition of
administrative sanctions.
Pursuant to Section 19 of Executive Order 192, the

powers and functions maybe delegated to the Regional
Officers of the Department in accordance with rules and
regulation to be formulated by the Board.
Specific Jurisdiction
A. Clean Air Act (RA 8749)
For actual exceedance of air quality standards or
limitations provided under the Clean Air Act;
Any order, rule or regulation issued by the DENR with
respect to such standard or limitation
B. Clean Water Act (RA 9275)

The PAB has the exclusive and original jurisdiction with
respect to adjudication of pollution cases based on
exceedance of the DENR Effluent Standards and other acts
defined as prohibited under Section 27 of R.A. 9275.
C. Establishing an Environmental Impact Statement

System (P.D. 1586)
The PAB has jurisdiction to hear cases of violation of P.D.
1586 and its IRR as defined in Section 27 (h) of R.A. 9275
D. Ecological Solid Waste Management Act (RA 9003)

The PAB has jurisdiction to hear cases of unauthorized
transport and dumping into sea water solid waste as defined
in R.A. 9003.
E. Toxic Substances and Hazardous Wastes Act

RA 6969
Illegal transport or dumping or discharge of prohibited

chemicals, substances or pollutants listed under R.A.
6969; and
Operating facilities that discharges hazardous
substances into water bodies.
In the adjudication of pollution cases, the
board has the power and authority to,
among others:
Exercise such powers and perform such other functions as
may be necessary to carry out its duties and responsibilities
under this Decree.
Issue to the City or Provincial Sheriff or duly constituted
authorities whom it may appoint, such writs of execution as
may be necessary for the enforcement of such decisions or
orders;
Promulgate rules and regulations for the delegation of the
powers and functions of the Board to the Regional Offices of
the Department;

Regional Office
V. PAB Resolutions
a. PAB 2019-01
b. PAB 2021-02

Common Violations under RA 8749 and its IRR
I. Exceedance in emission parameters
Findings Prohibited Acts

• The results of the of emission test • Violation of Sections 1& 2 of Rule
based on the Emission Test Report XXV Stationary Sources – General in
submitted show exceedance in the accordance with DAO 2000-81 in
concentration of NO2. The result is relation to RA 8749 of 1999.
shown to wit;
Other sample parameters
Fines and Penalties
Under Republic Act 8749 and its IRR
❖Issuance of Cease-and-Desist Orders;

❖Imposition of fine for a minimum of P10,000.00 to a maximum
of P100,000.00 per day of violation;
❖Recommend to proper government agencies file criminal
charges against violators;
❖Revocation of POA;
I. Exceedance in General Effluent Standards

• Effluent samples gathered on 07 • Section 7 of DAO 2016-08 relative
May 2021 manifested exceedance in to R.A. 9275.
certain parameters from the
General Effluent Standards.
Hereunder, is an excerpt from the
Results of the Laboratory Analysis
(ROLA), to wit:
Other sample parameters
Other sample parameters (2/3)
Other sample parameters (3/3)
Fines and Penalties
Under Republic Act 9275 and its IRR

❖Recommend to the Secretary, the imposition of fine for a
minimum of P10,000.00 to a maximum of P200,000.00 per day of
violation;
❖Recommendation that the proper government agencies file
criminal charges against violators;
❖Revocation of WDP.
IV. Fines and Penalties imposed by

EMB Regional Office
V. PAB Resolutions
a. PAB 2019-01
b. PAB 2021-02

Common Violations under PD 1586 and its IRR
1. Failure to secure Environmental 1. Violation of Section 4 of PD 1586

Compliance Certificate
2. Violation of ECC Conditions 2. Violation of ECC Condition
3. Undertaking activities other than
those stipulated in the ECC
3. Violation of ECC Condition
4. Failure to amend ECC for additional
facilities constructed other than those 4. Violation of ECC Condition
stipulated in the ECC
5. Failure to file an abandonment plan 5. Violation of ECC Condition
prior to its execution
Fines and Penalties
Under Republic P.D 1586

❖Penalty of not exceeding Fifty Thousand Pesos
(Php50, 000.00) per violation;
❖Revocation of ECC.
1. Failure to Hazardous Wastes 1. Violation of Chapter 3.3 of DAO

Generator’s ID 2013-22
2. Failure to construct Hazardous 2. Violation of DAO 2013-22
Wastes Storage Facility
Fines and Penalties
Under Republic Act 6969
❖Imposition of fine for a minimum of P10,000.00 to a

maximum of P50,000.00 per violation;
❖Recommendation that the proper government agencies file
criminal charges against violators;
❖Revocation of HWGI.
PAB Resolution 1 Series of 2019
The PAB delegated to the Regional Offices thru the
Respective Regional Directors of EMB the Determination of
administrative violations and determination of fines;
1) Operating facilities/air pollution source installations
without valid Permit to Operate;
2) Discharging regulated water pollutants without a valid

Wastewater Discharge Permit;
3) Refusal or failure to designate Pollution Control

Officers as required by the Department;
4) Failure to submit reports within the prescribed period.

Regional Office
V. PAB Resolutions
a. PAB 2019-01
b. PAB 2021-02

PAB Resolution
2019-01
Kilos Abante, Rehiyon Dose…!
The copyright of this presentation rests with author. No part of this work should be reproduced or published by any means without author’s
prior consent and information derived from it should be acknowledge.
Process Flow

for Issuance of NOV with
Conduct of Compliance the Invitation for Technical Conduct of Technical
Monitoring/ Conference and Conference and
Review of available requirement for submission signing of commitment
records of notarized position paper (as needed)
within 10 days from receipt
of the notice.
Appeal to PAB Filing of MR

Issuance of
within 15 days Issuance of within 15 days
Order/
upon receipt of Decision from receipt of
Resolution
Decision the Resolution
NOTICE OF VIOLATION
PAB RESOLUTION 1 SERIES OF 2019

The fines to be imposed against erring
establishments shall be as follows:
For permitting violations of Clean Water Act (RA 9275), and considering
that an establishment is required to pay a discharge permit fee annually, a
fine of Nineteen Thousand Five Hundred Pesos ( Php 19, 500.00) shall
be imposed for every year of violation. (Penalty was already amended
pursuant to PAB 2021-04)
For permitting violations of Clean Air Act (RA 8749), and considering
that a Permit to Operate has a validity of five (5) years , a fine of Nineteen
Thousand Five Hundred Pesos ( Php 19, 500.00) shall be imposed for
every five-year violation by the establishment.
The fines to be imposed against erring
establishments shall be as follows:
For failure to designate a Pollution Control Officer , a one-

time fine of Nineteen Thousand Five Hundred Pesos ( Php
19, 500.00) shall be imposed against the establishment.
For failure to submit reports, a fine of Nineteen Thousand

Five Hundred Pesos ( Php 19, 500.00) shall be imposed
against the establishment for every failure to submit said
report within the prescribed period.
PAB Resolution
2021-02
Procedure on the appeals filed with the
Pollution Adjudication Board by virtue of PAB
Resolution No. 1 Series of 2019
Section I. These guidelines shall be applicable for

establishments and industries nationwide covered by RA 8749
and RA 9275 and their respective Implementing Rules and
Regulations, whether the appeal involves questions of facts, of
law , or mixed questions of law and fact.
Section II. An appeal may be taken from a judgment or final

order within 15 days from receipt of the Order by filing of s
verified Notice of Appeal and Appeal Memorandum before the
Board, and after payment of the corresponding appeal fee in the
amount of Php 500.00 as provided in DAO 2000-16
Procedure on the appeals filed with the
Pollution Adjudication Board by virtue of PAB
Resolution No. 1 Series of 2019
Section IV. Only 1 Motion for extension of time shall be

allowed and only meritorious reasons, and only 1 motion for
reconsideration shall be allowed.
PAB Resolution
2021-04
Guidelines on the Graduated Schedule of Penalty
under R.A. 9275 and its Implementing Rules and
Regulations
END
Copyright © 2018 All Rights Reserved. DENR - Environmental Management Bureau XII

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Department of Environment and Natural Resources

ENVIRONMENTAL MANAGEMENT BUREAU XII

• Adjudication of Administrative and Pollution Cases

ENGR. DJAIRAH MONICA CACERES

II. Pollution Adjudication Board (PAB)

III. Fines and Penalties under PAB

IV. Fines and Penalties imposed by EMB

TOPICS c. PAB 2021-04

Copyright © 2018 All Rights Reserved.

5 6/28/2023 Copyright © 2018 All Rights Reserved. DENR - Environmental Management

II. Pollution Adjudication Board (PAB)

III. Fines and Penalties under PAB

IV. Fines and Penalties imposed by EMB

TOPICS c. PAB 2021-04

Copyright © 2018 All Rights Reserved.

Endorsement to Legal Unit

➢ It is a document issued to a person, facility or business entity informing

➢ Shall require the respondent to submit a position paper within 10 days

Copyright © 2018 All Rights Reserved.

Copyright © 2018 All Rights Reserved.

Copyright © 2018 All Rights Reserved.

Copyright © 2018 All Rights Reserved.

Republic of the Philippines

Honorable Regional Director: ENGR. OMAR M. SAIKOL

XXX HOSPITAL, INC. located

RESPONDENTS, hereby files Motion for Reconsideration

RESPONDENTS, hereby files Motion for

Copyright © 2018 All Rights Reserved.

Copyright © 2018 All Rights Reserved.

16 6/28/2023 DENR - Environmental Management Bureau XII

➢ -shall be written in a clear and concise language, whether Filipino,

➢ - relayed through verbal reporting and/or through telecommunications.

➢ should be lodged in the complaint logbook complete with details such

Endorsement to Legal Unit

Appeal to Central Filing of MR

II. Pollution Adjudication Board (PAB)

III. Fines and Penalties under PAB

IV. Fines and Penalties imposed by EMB

TOPICS c. PAB 2021-04

Copyright © 2018 All Rights Reserved.

Copyright © 2018 All Rights Reserved.

Copyright © 2018 All Rights Reserved.

DIR. GILBERT C. GONZALES Asst. Dir. ESPERANZA A. SAJUL

The Board shall have exclusive jurisdiction over the

Pursuant to Section 19 of Executive Order 192, the

B. Clean Water Act (RA 9275)

C. Establishing an Environmental Impact Statement

D. Ecological Solid Waste Management Act (RA 9003)

E. Toxic Substances and Hazardous Wastes Act

Illegal transport or dumping or discharge of prohibited

II. Pollution Adjudication Board (PAB)

III. Fines and Penalties under PAB

IV. Fines and Penalties imposed by EMB

TOPICS c. PAB 2021-04

Copyright © 2018 All Rights Reserved.

I. Exceedance in emission parameters

Findings Prohibited Acts

Other sample parameters

❖Issuance of Cease-and-Desist Orders;

I. Exceedance in General Effluent Standards