pab logoThere is hereby created a Pollution Adjudication Board under the Office of the Secretary. The Board shall be composed of the Secretary as Chairman, two (2) Undersecretaries as maybe designated by the Secretary, the Director of the Environmental Management, and three (3) others to be designated by the Secretary as members.

The board shall assume 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, particularly with respect to Section 6 letters e,f,g,j,k and p of P.D. 984. The Environmental Management Bureau shall serve as the Secretariat of the Board. These powers and functions maybe delegated to the regional officers of the Department in accordance with rules and regulation to be formulated by the Board

 

SECTION 19 of EXECUTIVE ORDER 192 series of 1987 states that:

There is hereby created a Pollution Adjudication Board under the Office of the Secretary. The Board shall be composed of the Secretary as Chairman, two (2) Undersecretaries as may be designated by the Secretary, the Director of Environmental Management, and three (3) others to be designated by the Secretary as members. The Board shall assume 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, particularly with respect to Section 6 letters e, f, g, j, k, and p of P.D. 984.

The Environmental Management Bureau shall serve as the Secretariat of the Board. These powers and functions may be delegated to the regional officers of the Department in accordance with rules and regulations to be promulgated by the Board.

 

POWERS AND FUNCTIONS OF THE BOARD (PAB RESOLUTION NO. 1 series of 2010)

 

APPLICABILITY OF THE RULES

Shall apply to all pollution cases involving violation of pollution control laws and environmental laws and prohibited acts cognizable by the PAB for adjudication pursuant to R.A. 8749, R.A. 9275, P.D. 1586, R.A. 6969 and R.A. 9003 in relation to R.A. 9275, their implementing rules and regulations, DENR Administrative Orders, brought before the Board.

 

GENERAL POWERS OF THE BOARD

By virtue of Section 19 of Executive Order 192 series of 1987, the powers and functions pertaining to the Commissioners of the National Pollution Control Commission under P.D. 984, in relation to adjudication of pollution cases pursuant to R.A. 3931 and P.D. 984, were transferred to the Board. Pursuant to this, the Board vested with general adjudicatory powers. In the adjudication of pollution cases, the board has the power and authority to:

  1. ( e ) Issue orders or decisions to compel compliance with the provisions of PD 984 and its implementing rules and regulations only after proper notice and hearing;
  2. ( f ) Make, alter or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance must be accomplished;
  3. ( g ) Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal systems or parts thereof: Provided, however, That the Commission [now PAB], by rules and regulations, may require subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existing works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Commission [now PAB] may impose reasonable fees and charges for the issuance or renewal of all permits herein required;
  1. ( j ) Serve as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution;
  1. ( k ) Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Decree and its implementing rules and regulations and the orders and decisions of the Commission [now PAB];
  1. ( p ) Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Decree.
  1. 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;
  2. Promulgate rules and regulations for the delegation of the powers and functions of the Board to the Regional Offices of the Department;

 

EXPANDED POWERS OF THE BOARD

Pursuant to specific laws, the Board shall exercise but not be limited to, the following powers:

 

Chapter 6. Fines and Penalties of R.A. 8749 or the Philippine Clean Air Act of 1999

Under Section 45. Violation of Standards for Stationary Sources:

  1. Impose fine against the owner or operator of a stationary source;
  2. Prepare a fine rating system to adjust the maximum fine based on the violator’s ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance; (PAB Resolution No. 4 series of 2003)
  3. Order the closure, suspension of development or construction, or cessation of operations of the stationary sources until such time that proper environmental safeguards are put in place; and
  4. Issue an ex parte order for such closure, suspension of development or construction, or cessation of operations.

Under Section 48. Gross Violations:

  1. Recommend to the proper government agencies to file the appropriate criminal charges against the violators of R.A. 8749;
  2. Assist the public prosecutor in the litigation of cases; and
  3. Adopt and promulgate the rules of practice and procedure in air pollution cases from stationary sources under this Act, pursuant to Section 2, Rule L of the Implementing Rules and Regulations of R.A. 8749.

Section 28. Fines, Damages and Penalties of R.A. 9275 or the Philippine Clean Water Act of 2004

  1. Recommend to the DENR Secretary the imposition of fines for acts of omission prohibited under Section 27 of R.A. 9275;
  2. Recommend to the DENR Secretary the issuance of Cease and Desist Order for acts of omission prohibited under Section 27 of the Act.
  3. Recommend closure, suspension of development or construction, or cessation of operations or, where appropriate, disconnection of water supply under Section 28 of the Act.
  4. Recommend filing of criminal charges against violators of acts prohibited by Section 28.
  1. Recommend to the DENR Secretary to order the Local Water District or private water supplier to disconnect the water service of the violator.
  1. Revoke or suspend a discharge permit.
  1. Determine liability for clean-up.

 

Note: for the rest of the Rules of PAB on pleading, practice and procedure in pollution cases, please see PAB Resolution No. 1 series of 2010