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THE POLLUTION
ADJUDICATION
BOARD (PAB)
LANDMARK CASES DECIDED BY THE
SUPREME COURT
OPOSA VS. FACTORAN, JR. (224 SCRA 792) 1993
FACTS: 44 children on behalf of their generation and
future generations, filed a petition with the Court
requesting that DENR cancel timber license
agreements, and order the agency to cease and
desist from granting more timber license agreements
ISSUE: Whether the children had legal standing
(locus standi) to bring the case
RULING: The children had standing based on the
concept of Intergenerational Responsibility
LANDMARK CASES DECIDED BY THE
SUPREME COURT
MMDA VS. CONCERNED RESIDENTS OF MANILA BAY
FACTS: On January 29, 1999, respondents Concerned Residents of Manila Bay filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite against several government agencies, among them the petitioners, for the cleanup, rehabilitation, and protection of the Manila Bay. The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards set by law
ISSUE: Can Petitioners be compelled by Mandamus to clean up and rehabilitate Manila Bay?
MMDA VS. CONCERNED RESIDENTS OF
MANILA BAY
RULING: The Government agencies through a
Continuing Mandamus are compelled to clean up
Manila Bay
WHO MAY BE PARTIES
any person, party, or entity who has interest in
the subject of the action
DENR(Regional Office, PENRO)
COMPLAINANT-party initiating the action
RESPONDENT-party against whom the complaint
is filed
WHEN ACTION IS DEEMED COMMENCED
Upon filing of the complaint with the
Board, Regional Office, PENRO or
CENRO or
By the issuance of a Notice of
Violation by the Regional Office
DISCOVERY OF VIOLATION FROM COMPLAINTS
AND MONITORING SOURCES
DENR- EMB office
concerned shall verify the
complaint or report if it is
within the purview of P.D
1586
EMB Director refers the
Complaint to Pollution
Adjudication Board (PAB) or
government entities/LGUs
Within 72 hours DENR-EMB
send Proponents Notice of
Alleged Violation
-request for Official Reply
-field validation, inspection
and verification(to validate the
complaint)
NO YES
COMPLAINT UNDER P.D 1586
Issuance of
NAV/NOV
Proponent responds in
7 days
Case Handler calls Technical
Conference( clarify the
issue/request for addtl info)
Case deemed submitted for
Decision whether to issue:
1. Clearance letter
2. Order of Payment
Discovery of violation
either from:
-Field Monitoring
-Field Inspection
-Field Survey
-Desk Review
THE POLLUTION ADJUDICATION
BOARD (PAB)
Created under Executive Order 192 (Section 19)
or the Reorganization Act of the Department of
Environment and Natural Resources
Quasi-judicial Body
Adjudication of Pollution Cases
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.
POLLUTION ADJUDICATION BOARD
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,
COMPOSITION OF PAB
Composed of the following:
Chairman: DENR Secretary
Members:
2 DENR Undersecretaries
EMB Director
3 others to be designated by the
Secretary
PRESENT COMPOSITION OF PAB Chairman: Sec. Ramon J.P. Paje
Presiding Officer: USEC. Demetrio L.
Ignacio, Jr.
Members:
USEC. Manuel D. Gerochi
Atty. Juan Miguel T. Cuna
For. Renato A. De Rueda
Dr. Anthony S.F. Chiu
Engr. Jeffrey G. Mijares
NATURE OF PROCEEDINGS UNDER THE PAB
Summary in nature
Technical rules on evidence in courts of law shall
NOT bind the Board and Regional Offices
GENERAL RULE: The Rules of Court shall NOT
apply in proceedings before the Board
EXCEPTION: By analogy OR in a suppletory
character AND only whenever applicable
ADMINISTRATIVE DUE PROCESS
-SUBSTANTIAL EVIDENCE
GENERAL JURISDICTION OF THE BOARD
EXCLUSIVE jurisdiction over adjudication of POLLUTION cases AND all other matters related thereto, including imposition of administrative sanctions
POLLUTION
ANY ALTERATION of 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
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
EXCEPTION TO EXCLUSIVE JURISDICTION:
When the law provides for a specific forum, that is,
LLDA Law states that it has jurisdiction over pollution
cases affecting the Laguna Lake Region
Jurisdiction of the PAB:
Philippine Clean Air Act of 1999 (R.A. 8749)
Exceeding air emission standards
Operating without permit to operate air pollution
source installations
Philippine Clean Water Act of 2004 (R.A. 9275)
Exceeding DENR Effluent standards (DAO 35)
Committing any of the prohibited acts under
Section 27 of RA 9275
PROHIBITED ACTS UNDER SECTION 27
OF RA 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
PROHIBITED ACTS UNDER SECTION 27
OF RA 9275
Transport or dumping of solid wastes into sea
waters
Refusal to allow entry, inspection, and monitoring
by the DENR
Refusal to allow access to relevant reports
Refusal or Failure to submit reports whenever
required by DENR
Refusal or Failure to designate Pollution Control
Officers
POWERS OF PAB AND SANCTIONS UNDER
RA 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 RA 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
PAB POWER TO ISSUE CEASE AND DESIST ORDER
(CDO)
WHEN THE BOARD FINDS PRIMA FACIE EVIDENCE
THAT THE EMISSION OR DISCHARGE OF
POLLUTANTS CONSTITUTE AN IMMEDIATE
THREAT TO LIFE, PUBLIC HEALTH, SAFETY OR
WELFARE, OR TO ANIMAL OR PLANT LIFE, OR
EXCEEDS THE ALLOWABLE DENR STANDARDS, IT
MAY ISSUE OR RECOMMEND TO THE DENR
SECRETARY AN EX-PARTE ORDER (WITHOUT
NEED OF A PRIOR PUBLIC HEARING)
IMMEDIATELY EXECUTORY AND REMAIN IN
FORCE AND EFFECT UNTIL MODIFIED OR
LIFTED BY THE BOARD OR DENR SECRETARY
-the Regional Director, OR his duly authorized
representative, in coordination with the Regional
Executive Director, implement the CDO not later
than seventy two (72) hours from receipt thereof
INTERIM CDO
-issued by the Regional Director
-effective for seven (7) days
SHOW CAUSE ORDER
-the Board may opt to direct Respondent to show
cause why no CDO be issued against it, subject to
the following:
1. The results of a series of effluent samplings show a
marked decrease in the values of the relevant
parameters.
2. The values of the relevant parameters are not far
from the DENR Standards
TEMPORARY LIFTING ORDER (TLO)
Suspends the effectivity of the CDO and allows respondent to temporarily resume operations
during the pendency of proceedings before the
Board. This will allow respondent to construct/
upgrade its pollution control device
Effective only within the prescribed period given by the board
Upon proper motion of the Respondent
ISSUANCE OF TLO
For implementation of effective Pollution
Control Programs
For sampling purposes
FORMAL LIFTING OF CEASE AND DESIST
ORDER
Termination of the case after full
compliance with the DENR Standards
and full payment of fines without
prejudice to future actions that may be
commenced against the Respondent
as warranted by law or new
circumstances
POLLUTION ADJUDICATION PROCESS
Compliant
Resolution
Non Compliant
Endorse to PAB
Regional Office For inspection/reports
Resolution/Order
Fines/Penalties
Regl Office
Execute
Order
1 Regional Offices should submit copies of all NOVs to the PAB
- Monitoring
- Complaint
-Inspection
Report
NOV1
Technical
Conference
Compliance
Period
Order
Fines/ Penalties
PAB
Resolution Issued: CDO, TLO, Fines, FLO/Dismissed
THANK YOU