Pollution Adjudication Board:
Rules and Procedures,
BRYAN B. BONGCO
Legal & Technical Staff
Pollution Adjudication Board
Pollution Adjudication Board
About PAB
Procedures for The Pollution Adjudication
Handling 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
The Board assumes the powers
Handling 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 and
Presidential Decree 984...
Pollution Adjudication Board
About PAB
Procedures for
The PAB is organizationally
Handling Cases under the supervision of the
Imposition of Fines Office of the Secretary of the
Department of Environment and
Natural Resources (the DENR),
Secretariat support provided by
the Environmental Management
Bureau (EMB).
Pollution Adjudication Board
About PAB
Organizational Placement co-
Procedures for
Handling Cases
equal w/ RTC
Imposition of Fines
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
Composed of the following:
Procedures for
Handling Cases
Imposition of Fines
Chairman: DENR Secretary
Members:
2 DENR Undersecretaries
EMB Director
3 others to be designated by
the Secretary
Pollution Adjudication Board
About PAB
Expanded Jurisdiction of the PAB:
Procedures for
Handling Cases
Philippine Clean Air Act of 1999 (R.A. 8749)
Imposition of Fines 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
Pollution Adjudication Board
About PAB
Important Prohibited Acts Under
Procedures for
Handling Cases
Republic Act 9275
Imposition of Fines
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
Powers of PAB and Sanctions
Procedures for
Handling Cases
Under Republic Act 9275
Imposition of Fines
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
Powers of PAB and Sanctions
Procedures for
Handling Cases
Under Republic Act 8749
Imposition of Fines
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
PAB RESOLUTION I-C
Procedures for
Handling Cases
Revised Rules of the Pollution
Imposition of Fines
Adjudication Board (PAB) on
Pleading Practice and Procedure in
Pollution Cases
Effectivity:
6 October 1997
Procedures for Handling Cases
About PAB
Procedures for
Handling Cases
Imposition of Fines
Procedures for Handling
Cases Based on PAB
Resolution No. 1-C
Events Flow in Handling Cases
POLLUTION ADJUDICATION PROCESS
Monitoring Technical
Complaint NOV
Conference Compliance Period
Inspection Report
Non Compliant Compliant
Endorse to PAB Resolution
Regional Office
For Inspection
/Reports
PAB
Regional
Office Resolution / Order
Executive Fines/Penalties Order
Order Fines/Penalties
Imposition of Fines
About PAB
Procedures for
Handling Cases
Imposition of Fines
Basis of Computation
• Violation (Air/Water) prior to 09 March
1992 – PAB Resolution No. 10
• Violation (Air/Water) after 09 March 1992
• - PAB Resolution 10 – A
• Violation (Air) after 23 December 2003
• - PAB Resolution No. 04-2003
• With the passage of Clean Water Act of
2004, violation (Water) starting 06 May
2004 the PAB is imposing the minimum
amount of Php10,000.00 per day to a
maximum of Php200,000.00 per day.
Thank you.
For further inquiries, please visit
our website at
www.emb.gov.ph
or you may call our office at
928-1221
