Pollution Adjudication

Board
Republic Act 3931; Presidential
Decree 984; Executive Order 192

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 Pollution Adjudication Board

Agency of the government under the Office

of the Secretary, Department of
Environment and Natural Resources
(DENR)
Assumed the powers and functions of the
National Water and Air Pollution Control
Commission (NWACC) and the National
Pollution Control Commission
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 Pollution Adjudication Board

Determines and adjudicates cases regarding

air and water pollution

Arbitrator for determining reparation or

restitution of the damages and losses
resulting from pollution

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 National Water and Air Pollution
Control Commission
Republic Act 3931

Determine if pollution exists in any of the

waters and/or atmospheric air of the
Philippines
Issue, renew, or deny permits
Perform such other duties as may be
necessary to carry out effectively the duties
and responsibilities prescribed in this Act
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National Pollution Control Commission

Presidential Decree No. 984

to maintain the role of the Commission as
the primary agency responsible for the
prevention and control of the environmental
pollution

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 Pollution Adjudication Board

Executive Order 192

Reorganized the DENR, thereby creating the
Pollution Adjudication Board under Section
13, Chapter 2, Title XIV

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POWERS and FUNCTIONS

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 Powers and Functions

Section 6, PD 984
Make, alter of modify orders requiring the
discontinuance of pollution
Issue, renew or deny permits for the
discharge of sewage, industrial waste, or for
the installation or operation of sewage works
and industrial disposable system or parts
therof
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 Powers and Functions
Impose reasonable fees and charges for the
issuance or renewal of all permits herein
required

Serve as an adjudicator for the determination

of reparations, or restitution of the damages
and loses resulting from pollution

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 Powers and Functions
Deputize in writing or request assistance of
the appropriate government agencies or
instrumentalities for the purpose of
enforcing this Decree and its implementing
rules and regulations and the order and
decisions of the Commission

Exercise such powers and perform such other

functions as may be necessary to carry out its
duties and responsibilities under this Decree
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Jurisdiction

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 Jurisdiction

Adjudication of pollution cases and

all other matters related thereto

Imposition of administrative
sanctions

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 Specific
Jurisdiction

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 Clean Air Act
R.A. 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

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 Clean Water Act
R.A. 9275

The Board has exclusive and original

jurisdiction with respect to adjudication of
pollution cases based on exceedance of
DENR Effluent Standards and other acts
prohibited under Sector 27 of R.A. 9275

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Establishing an Environmental Impact
Statement System
P.D. 1586

The Board has jurisdiction to hear

cases of violation of PD 1586 and its
IRR as defined in Section 27(h) of
R.A. 9275

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Ecological Solid Waste
Management Act
R.A. 9003

The Board has jurisdiction to

hear cases of unauthorized
transport and dumping into
seawater solid waste as defined
in R.A. 9003

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Toxic Substances and Hazardous
Wastes Act
R.A. 6969

Illegal transport or
dumping or discharge of
prohibited chemicals,
substances or pollutants
listed under R.A. 6969

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Toxic Substances and Hazardous
Wastes Act
R.A. 6969

Operating facilities
that discharges
hazardous substances
into water bodies

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The Commission shall have
no jurisdiction over
waterworks or sewer
system operated by the
Metropolitan Waterworks
Sewerage System

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Shell Philippines Exploration B.V.
v. Jalos
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Facts

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 Camago-
Malampaya
Pipeline from the
production plant to
its gas processing
plant

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Issue

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Ruling

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 Hearing
Review
Execution

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Hearing, Review, Execution

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Hearing, Review, Execution
Pollution Adjudication Board
(PAB)

Determine Arbitrator for

location, determination of
magnitude, extent, restitution of
severity, causes of damages and losses
pollution from pollution
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 Hearing, Review, Execution
Pollution Adjudication Board
(PAB)

Imposition
Conduct of penalties Issue writs
Hearings from P.D. of execution
984

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Hearing, Review, Execution
Pollution Adjudication Board
(PAB)

SECTION 7 of PD
984

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 Hearing, Review, Execution
Public Hearings

Commissioner

Deputy
Commissioner
Senior Officials
through
Commissioner
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 Hearing, Review, Execution
Public Hearings

Commissioner Discontinuance of
discharge of
Deputy
sewage, industrial
Commissioner
wastes or other
Senior Officials wastes
through
Commissioner
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 Hearing, Review, Execution
Public Hearings

Commissioner

Deputy Prima Facie

Commissioner Evidence
Senior Officials
through
Commissioner
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 Hearing, Review, Execution
Public Hearings

Commissioner discharged wastes

are of immediate
Deputy
threat to life,
Commissioner
public health
Senior Officials safety, welfare
through
Commissioner
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 Hearing, Review, Execution
Public Hearings

Commissioner
animal plant life or
Deputy
exceeds standards
Commissioner
of Commission
Senior Officials
through
Commissioner
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 Hearing, Review, Execution
Public Hearings

Commissioner
Issue an ex parte
Deputy
order prior to
Commissioner
public hearing
Senior Officials
through
Commissioner
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 Hearing, Review, Execution
Public Hearings

Commissioner Discontinuance,
temporary
Deputy
suspension,
Commissioner
cessation of
Senior Officials operation
through
Commissioner
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 Hearing, Review, Execution
Appeal to Courts

15 days after date of

notification in
absence of an appeal

Aggrieved party has

Decision of
exhausted all the Final and
the
remedies before the Executory
Commission
Commission
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 Hearing, Review, Execution
Court Review

Procedure is that of
Court of First
Instance

Decision of
Exception:
Commission
Questions of law=
reviewed by Court
Supreme Court
of Appeals
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Hearing, Review, Execution
Execution

Decision of
Final and
Commission =
Executory
Decision of CFI

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 Hearing, Review, Execution
Execution

Writs of execution
necessary for
Power to issue to enforcement
duly constituted
authorities Refusal to comply=
punish for
contempt
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Rules of
Evidence

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Rules of Evidence

Board or Hearing Officer

Bound by Rules of
Court

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 Rules of Evidence

Board or Hearing Officer shall admit probative

value to evidence commonly accepted by a
reasonably prudent man in conduct of his affairs. In
case of doubt, evidence is admitted subject to
objections
All documents form part of the records material to
issues, whether marked as exhibits or not, shall be
deemed admitted as evidence

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 Rules of Evidence

Documentary evidence may be received in the form

of copies if the original is not available
Every party shall have the opportunity to be heard
in accordance with administrative due process and
submit rebuttal evidence
The Board may take notice of judicially cognizable
facts and of generally cognizable technical or
scientific facts within its or his specialized
knowledge
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 Cease and
Desist Order

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Cease and Desist Order

Prima Facie Evidence

Immediate threat
to life, public
health safety,
welfare, animal
plant life

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Cease and Desist Order

Prima Facie Evidence

Exceeds allowable
DENR standards

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 Cease and Desist Order

Board

Issue a Cease and Desist order

Discontinuance, Immediately
temporary suspension, executory
cessation of the remain in force and
pollutants effect until modified
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 Cease and Desist Order

Board DENR Secretary

Direct Regional
CDO= issued to
Office to revoke,
immediately stop a
suspend, modify to
particular course of
permit any pollution
action in violation of
control facility to
envt laws
abate pollution
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 Temporary
Lifting Order

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 Temporary Lifting Order
Board

Temporary Lifting Order (TLO)

to DENR Secretary
Allow the
implementation or
completion of Effective as determined
comprehensive pollution by Board
programs subject to
conditions by the Board
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Temporary Lifting Order
Board

Temporary Lifting Order (TLO)

to DENR Secretary

Based on complexity
involved and technical
nature of the program

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Temporary Lifting Order
Board

Temporary Lifting Order (TLO)

to DENR Secretary

Upon meritorious
reasons, extension
through weekly reports

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Arbitration

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 Arbitration

Board or Regional Officer

Reparation and restitution for

damages

Gravity and duration of

pollution
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 Arbitration

Board or Regional Officer

Reparation and restitution for

damages

Extent and reasonable

value of the damage loss
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 Arbitration

Board or Regional Officer

Reparation and restitution for

damages

based on evidence
presented by the parties
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 Rules of
Procedure for
Environmental
Cases

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Rules of Procedure for Environmental
Cases

by Supreme Court

Affects the jurisdiction

of Board vested by
Clean Air Act and
Clean Water Act

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Rules of Procedure for Environmental
Cases

by Supreme Court

Sanctions:
without prejudice to
other administrative
remedies

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 Special Laws in Adjudication:
Laguna Lake Development Authority

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Laguna Lake Development Authority
vs.
Court of Appeals

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Facts

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 Facts
Task Force Camarin Dumpsite, Caloocan City with LLDA
filed a letter complaint to stop the operation of the 8.6
hectare open garbage site in Tala Estate, Barangay Camarin,
Caloocan City due to harmful effects on the health of
residents
LLDA found the respondents maintained an open dumpsite
without first securing an Environmental Compliance
Certificate (ECC) from the Environmental Management
Bureau (EMB) of the Department of Environment and
Natural Resources, as required under Presidential
Decree No. 1586, and clearance from LLDA as required
under Republic Act No. 4850
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 Facts
LLDA issued a Cease and Desist Order on such dumpsite
Regional Trial Court issued a TRO on the cease and desist
order of the LLDA
The Court of Appeals decided on the case and stated: 1)
RTC has no jurisdiction to hear, try and decide the action
for annulment of LLDA Cease and Desist Order 2) LLDA
has no power and authority to issue a cease and desist order
LLDA filed to Supreme Court for Certiorari

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Issue

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 Issue

Does the LLDA and its amendatory laws,

have the authority to order the Cease and
Desist order against the dumping of garbage
in the open dumpsite in Barangay Camarin
authorized by the City Government of
Caloocan

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Decision

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 Decision
The Court sustained the Cease and Desist order by LLDA
LLDA, as a specialized administrative agency, is specifically
mandated by R.A. 4850 and its amendatory laws to carry out
and make effective the declared national policy of
accelerating the development and growth of Laguna Lake
and the surrounding provinces
To carry out such responsibility, LLDA is mandated to
approve or disapprove all plans, programs, projects from
RA 4850 as amended by PD 813 and EO 927

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 Functions of the
Laguna Lake Development Authority

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 Functions of LLDA
Adjudicate pollution cases limited in the Laguna Lake
Region as defined by RA 4850 as amended by EO 927 and
PD 813 with additional powers to monitor, license and
enforce: orders or decisions to comply with the rules and
regulations of the EO
After proper hearing: make, alter, modify orders for
discontinuance of pollution
implied power to impose fines
-LLDA was not only expressly given powers by the law
-implied or incidental powers necessary for the full
and proper implementation of its purposes
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~end~

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 Sources
Agcaoili, O. (2016). Pollution Adjudication Board. In Law on
Natural Resources and Rules of Procedure for Environmental
Cases (pp. 483-502). Quezon City: Rex Bookstore.

global warming. (n.d.). Dictionary.com Unabridged. Retrieved

March 9, 2017 from Dictionary.com website
http://www.dictionary.com/browse/global-warming

Nathanson, J. A. (2015, February 12). Solid Waste Management.

Retrieved March 10, 2017, from Encyclopaedia Britannica:
https://www.britannica.com/technology/solid-waste-
management

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Pollution Adjudication
Board
Cortes - Mendoza

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