2021 Revised Rules on Pleading, Practice and Procedure of the Pollution Adjudication Board in the Adjudication of Pollution Cases

POLLUTION AJUDICATION BOARD (PAB) Resolution No. 04 Series of 2021 2021 REVISED RULES ON PLEADINGS, PRACTICE AND PROCEDURE OF THE POLLUTION ADJUDICATION BOARD (PAB) IN THE ADJUDICATION OF POLLUTION CASES Pursuant to its powers and functions under Section 19 of Executive Order No. 192, Series of 1987, the Pollution Adjudication Board RESOLVES, as it is hereby RESOLVED, to promulgate and adopt the following 2021 Revised Rules on Pleadings, Practice and Procedure in the Adjudication of Air and Water Pollution Cases: RULE I TITLE AND CONSTRUCTION SECTION 1. TITLE OF THE RULES - These rules shall be known as the 2021 Revised Rules on Pleading, Practice and Procedure of the Pollution Adjudication Board in the Adjudication of Pollution Cases. SECTION 2. APPLICABILITY OF THE RULES - These 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 P.D. 984, 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, and DENR Administrative Orders, brought before the Board. SECTION 3. CONSTRUCTION OF THE RULES - These Rules shall be liberally construed in order to achieve the objectives of Pollution Control and Environmental Management Laws and to assist the parties in obtaining just, speedy and inexpensive disposition of pollution cases. SECTION 4. NATURE OF PROCEEDINGS - Subject to the basic requirements of due process, proceedings before the Board and in the Regional Offices shall be summary in nature. The technical rules on evidence obtaining in courts of law shall not bind the Board and the Regional Offices. The Rules of Court shall not apply in proceedings before the Board except by analogy or suppletory and only when applicable. RULE II DEFINITION OF TERMS SECTION 1. DEFINITION OF TERMS - As used in these Rules: (a) Ability to pay - shall mean respondent's capability in paying the imposed fines by the Board. This however, is applicable only for those belonging PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page I to any of the categories for Micro, Small and Medium Enterprises (MSMEs)1 which refers to any business activity or enterprise engaged in industry, agribusiness and/ or services, whether single proprietorship, cooperative, partnership or corporation whose total assets must have value falling under the following categories: 1. MICRO : not more than Php 3,000,000 11. SMALL: Php 3,000,001 - Php 15,000,000 111. MEDIUM : Php 15,000,001 - Php 100,000,000 This definition shall be subjected to review and upward adjustment by the SMED Council, as mandated under Republic Act No. 6977, as amended by Republic Act No. 8289. (b) Aquatic Life 2 - all organisms living in freshwater, brackish and marine environments. (c) Adjudication 3 - the determination of a controversy and a pronouncement of a judgment as soon as PAB acquires jurisdiction after satisfying the procedural requirements from the Regional level based on evidence presented, implies a final judgment of the court or other body deciding the matter, as opposed to a proceeding in which the merits of the cause of action were not reached. (d) Board - the Pollution Adjudication Board created under Section 19 of Executive Order No. 192, Series of 1987. (e) Bureau - the Environmental Management Bureau. (f) Cease and Desist Order (CDO) - a formal demand immediately directing a person, facility, or any business entity to stop or refrain from doing, conducting an act or continuing a particular activity or course of action in violation of environmental laws; such as but not limited to, the operation of a particular machine, equipment, process or activity or doing a particular act expressly prohibited by law. (g) CENRO - any of the Community Environment and Natural Resources Offices of the Department. (h) Clean-up operations - any activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas, or onto any land form and the restoration of the affected areas to their former physical, chemical and biological state or conditions. (i) Contamination - the introduction of substances not found in the natural composition of water or any land form, which make the water or land less desirable or unfit for its intended use. 1 As provided in Republic Act No. 6977, as amended 2 Definition of Terms, R.A.9275 3 Adopted from Law Dictionary 5th Ed by Steven H. Gilfis, Copyright 2003 PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 2 r (j) Department (or DENR)- the Department of Environment and Natural Resources. (k) Discharge- includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water. (l) Dumping - any unauthorized or illegal disposal into any body of water or onto land of wastes or toxic or hazardous material: provided, that it does not mean a release of effluent coming from commercial, industrial, and domestic sources which is within the effluent standards. (m) Effluent - a discharge from a known source which is passed into any body of water or ONTO land or wastewater flowing [out] of a manufacturing plant, industrial plant or any domestic, commercial and recreational facility. (n) Effluent Standard - any legal restriction or limitation on quantities, rates, and/ or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or onto land. (o) Emission 4 - any air contaminant, pollutant, gas stream which 1s passed into the atmosphere. (p) Emission Standard- a standard stipulated in Section 19 of the Clean Air Act and Rule XXV of its Implementing Rules and Regulations. (q) Formal Lifting Order (FLO) - an Order from the Board permanently setting aside the order issued by the Board (i.e. Cease and Desist Order and/ or Order imposing fines) after payment of the imposed fines, and after satisfactory compliance with the conditions set by the Board. (r) Ground Water - a subsurface water that occurs beneath a water table in soils and rocks, or in geological formations. (s) Hazardous wastes shall mean/refer to: A. Substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines; B. By-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from 4 Definition of Terms, RA 8749 PAB Resolution No. 2021-04 Revised Rules On Pleading0)ractice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 3 manufacturing operations, and as consumer discards of manufactured products; or, C. Solid waste or combination of solid waste which because of its quantity, concentration, or physical, chemical or infectious characteristics may: cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (t) Installation - means any structure, equipment, facility or appurtenances thereto, operation of which may be a source of pollution or a means to control the same; (u) Interim Cease and Desist Order - refers to an Order issued by the Regional Office which shall be effective for a period not longer than seven (7) days and in all respect be considered as a regular CDO upon affirmation by the Board or the Secretary, provided the ground(s) for issuance of such is/ are present. (v) Managing Head - the president, managing director, managing partner, chief executive officer or highest executive officer of the respondent, if it be a corporation, partnership or other juridical person. (w) Notice of Violation (NOV) - a document issued to a person, facility or business entity informing that person, facility or entity that certain acts or omissions in the course of its business operation or relating to the conduct of its business have been committed or ARE continuously being committed in violation of pollution and environmental management law/ s. (x) PENRO - any of the Provincial Environment and Natural Resources Offices of the Department. (y) Person (or Persons) - any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations. (z) Pollution - 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. (aa) Pollution Control Facility (or Pollution Control Device) - any device or apparatus installed to prevent, control or abate pollution. PAB Resolution No. 2021-04 Revised Rules On Pleading;:-Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page4 (bb) Pollution cases - controversies being resolved involving pollution control and environmental management laws. (cc) Pollution control and environmental management laws - relevant laws enacted by the Philippine Government. (dd) Preliminary Conference - conducted by the PAB Secretariat informing the respondent of the initial evaluation of number of days with violation. (ee) Regional Office - any of the Regional Offices of the Environmental Management Bureau. (ff) Stationary source - any building or fixed structure, facility or installation that emits or may emit any air pollutant. (gg) Summons - an invitation sent by the Board through the Board Secretary after proper endorsement of the case from the Regional Office concerned, which directs the Respondent to attend a preliminary conference in order to discuss the alleged violations and the imposable penalties, if any. (hh) Technical Conference - a meeting convened by the Regional Office for the purpose of: (1) giving the respondent or his duly authorized representative, the opportunity to contest the basis of a Notice of Violation as well as the basis of the applicable fines or penalties; (2) informing the respondent of the possibility of imposition and/ or accrual of fines; and; (3) obtaining a commitment from the respondent to implement remedial measures to abate or mitigate the pollution complained of, or undertake to comply with required licensing or permitting conditions or requirement, or requirements of the regulations, as applicable, among others. (ii) Temporary Lifting Order (TLO) - an order issued by the Board, after a satisfactory shqwing of the respondent's compliance with specified conditions, to provisionally set aside the effect of a Cease and Desist Order and allow the limited operation of a facility or business but only for a specific purpose or for a limited period. RULE III JURISDICTION AND AUTHORITY OF THE BOARD SECTION 1. JURISDICTION OF THE BOARD A. 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. PAB Resolution No. 2021-04 Revised Rules On Pleading~Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 5 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. B. Specific Jurisdiction - Nothwithstanding the general jurisdiction of the Board over adjudication of pollution cases, and all matters related thereto, the Board has specific jurisdiction, over the following cases: 1. Clean Air Act (RA 87 49) a. For actual exceedance of air quality standards or limitations provided under the Clean Air Act; b. Any order, rule or regulation issued by the DENR with respect to such standard or limitation 2. 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, except in the delegated cases enumerated under PAB Resolution No. 1 series of 2019, by which the Regional Offices have original jurisdiction and the PAB Central Office has appellate jurisdiction. 3. Establishing an Environmental Impact Statement System (P.D. 1586) The PAB has jurisdiction to hear cases of violations of P.D. 1586 and its IRR as defined in Section 27 (h) of R.A. 9275 4. Ecological Solid Waste Management Act (RA 9003) The PAB has jurisdiction to hear cases of unauthorized transport and dumping into sea water of solid wastes as defined in R.A. 9003. 5. Toxic Substances and Hazardous Wastes Act (R.A. 6969) The PAB has jurisdiction over cases of: a. Illegal transport or dumping or discharge of prohibited chemicals, substances or pollutants listed under R.A. 6969; and b. Operating facilities that discharges hazardous substances into water bodies. PAB Resolution No. 2021-04 Revised Rules On Pleading~Practice And Procedure of the Pollution Adjudication Board (PAB) Page 6 in the Adjudication Of Pollution Cases SECTION 2. POWERS AND FUNCTIONS OF THE BOARD - The Board shall have the following powers and functions: A. GENERAL POWERS OF THE BOARD By virtue of section 19 of EO 192, 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 Republic Act 3931, were transferred to the Board. Pursuant to this, the Board is vested with general adjudicatory powers. In the adjudication of pollution cases, the board has the power and authority to, among others: 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. (fj Make, alter or modify orders requ1nng 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; 4. 0) Serve as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution; 5. (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 Board; 6. (p) Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Decree. 7. 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; PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page7 8. Promulgate rules and regulations for the delegation of the powers and functions of the Board to the Regional Offices of the Department; B. EXPANDED POWERS OF THE BOARD Pursuant to specific laws, the Board shall exercise, but not be limited to, the following powers: B.1 Under Section 45 of RA 8749 (CAA) the Board shall: 1. Impose fines 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 noncompliance and degree of recalcitrance, 3. Order the closure, suspension of development or construction, or cessation 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. B.2 Under Section 48 of the Clean Air Act, the Board shall: 5. Recommend to the proper government agencies to file the appropriate criminal charges against the violators of the Act. 6. Assist the public prosecutor in the litigation of cases. 7. 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 IRR of Clean Air Act. B.3 Under Section 28 of R.A. 9275, Clean Water Act of 2004, the Board shall: 8. Recommend to the DENR Secretary, or its duly authorized representative, the imposition of fines for acts of omission prohibited under Section 27 of the Act. 9. Recommend to the DENR Secretary, or its duly authorized representative, the issuance of Cease and Desist Order for acts of omission prohibited under Section 27 of the Act. 10. Recommend closure, suspension of development or construction, or cessation of operations or, where appropriate, disconnection of water supply under Section 28 of the Act. 11. Recommend filing of criminal charges against violators of acts prohibited by Section 28. PAB Resolution No. 2021-04 Revised Rules ~n Pleading~Practice And Procedure of the Pollution Adjudication Board (PAB) 111 the Acl.1ud1cat1011 Of Pollution Cases Page 8 12. Recommend to the DENR Secretary to order the Local Water District or private water supplier to disconnect the water service of the violator. 13. Revoke or suspend a discharge permit. 14. Determine liability for clean-up. C. DUTIES AND RESPONSIBILITIES OF THE PAB SECRETARIAT Pursuant to Section 16(g) of Executive Order No. 192, the Environmental Management Bureau shall provide secretariat assistance to the Board. As such, the PAB Secretariat shall have the following duties and responsibilities, among others: 1. Maintain an updated database of all the PAB records and safe-keep the documents of the cases endorsed to the Board; 2. Direct the Regional Office concerned to submit documents and records needed relative to the case endorsed; 3. Prepare the agenda and calendar the cases for hearing; 4. Lead the conduct of ocular inspection of firms with pending cases for validation of factual precedents, if warranted; 5. Issue Summons and preside in the conduct of preliminary conference of cases endorsed to the PAB; 6. Issue Notice of Resolution and Notice of Entry of Judgment for Orders issued by the PAB; 7. Direct the Regional Office to coordinate with other environmental law enforcement agencies in implementation and execution of Orders of the Board and drafting policies relative thereto; and 8. Other functions as may be assigned and given by the Board. RULE IV ACTIONS AND PARTIES SECTION 1. WHO MAY BE PARTIES-Any person, party, entity who has an interest in the subject of the action may be a party to a case or proceeding before the Board or the Regional Office. The party initiating a complaint is called the COMPLAINANT, and the party against whom a complaint is filed shall be called the RESPONDENT. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page9 SECTION 2. WHEN ACTION IS DEEMED COMMENCED - An action is deemed commenced: (a) upon the filing of a complaint with the Board or with the Regional Office, PENRO or CENRO, or (b) by the issuance of a Notice of Violation by the Department, Regional Office, PENRO or CENRO. For complaints filed directly with the PAB, the PAB may choose to assume jurisdiction over the case at once or remand the case to the Regional Office. All complaints filed with the PENRO or CENRO shall be endorsed to the Regional Office within three (3) days for disposition in accordance with these Rules. Concerned PENROs and CENROs shall be furnished with copies of all NOVs issued by the Regional Office. SECTION 3. PERMISSIVE JOINDER OF PARTIES - All persons in whom or against whom any right to relief in respect to or arising out of the same act or omission or series of acts or omissions is alleged to exist, whether individually or collectively, may join as complainants or respondents in one complaint. SECTION 4. COMPULSORY JOINDER OF INDISPENSABLE PARTIES Parties in interest without whom no final determination of the action can be achieved shall be joined either as complainants or respondents. SECTION 5. FORM AND CONTENTS OF COMPLAINTS-The complaint shall be in writing and under oath, drawn in clear and concise language whether in Filipino or English, specifying the full names and addresses of the complainants, respondents and witnesses, if any. It shall state the ultimate facts constituting the cause or causes of action or specific violation of law or rules and regulations, as well as other information pertinent thereto. It shall also specify the remedy or relief sought. SECTION 6. MOTIONS, PLEADINGS AND POSITION PAPERS - Except for the complaint, which may be filed in a single copy, all motions, pleadings, position papers and other similar papers submitted to the Board shall be filed in three (3) copies, copy furnished the concerned Regional Office, PENRO, CENRO and/or complainant, if any. SECTION 7. CAPTION AND TITLE- If the action is initiated by any person other than the Department, the caption shall be as follows: PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 10 Republic of the Philippines Department of Environment and Natural Resources POLLUTION ADJUDICATION BOARD EMB Building, DENR Compound, Visayas Avenue, Diliman Quezon City IN THE MATTER OF THE WATER/ AIR POLLUTION CONTROL AND ABATEMENT CASE /[VIOLATION OF SPECIFIC THE LAW] versus Respondent. X ------------------------------------------- X Case No. (Precede the case number with -PAB, -RO , etc. to indicate origin) FOR: Violation of (State the nature/ cause of action) SECTION 8. EFFECT OF WITHDRAWAL OF COMPLAINT - The withdrawal of the complaint shall not result in the automatic dismissal of the case. The Board or Regional office may motu proprio pursue the same if it deems it necessary in the interest of public welfare and safety. SECTION 9. EFFECT OF TRANSFER OF INTERESTS - In case of any transfer of interest, the action may be continued by or against the original party, unless the Board orders the person to whom the interest is transferred to be substituted in the action or joined with the original party. RULEV ACTION UPON THE COMPLAINT A. COMPLAINTS DIRECTLY FILED WITH THE BOARD OR CASES WHERE THE BOARD MOTU PROPRIO ORDERS INVESTIGATION SECTION 1. ENDORSEMENT TO THE REGIONAL OFFICE - Where the Board finds that a complaint filed directly with it is proper, or where the Board motu proprio orders investigation, the said complaint or order, shall be endorsed to the Regional Office concerned within three (3) working days for investigation. SECTION 2. INVESTIGATION AND REPORT - Within three (3) working days from receipt of such endorsement, the Regional Office shall conduct an investigation and within seven (7) working days from the investigation, the Regional Office shall submit a report to the Board stating the action taken by the PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 11 Office, result of investigation, status of the case and further action recommended to the Board. B. COMPLAINTS FILED WITH OR CASES ENDORSED TO THE REGIONAL OFFICE SECTION 3. ENDORSEMENT TO THE REGIONAL OFFICE - Where a complaint, is filed with the Regional Office, or if it is endorsed to the latter by the Board, or if endorsed by the Department, any of its office, agency, bureau or unit, PENRO, CENRO, the EMB Regional Director or the duly authorized representative shall within three (3) working days upon receipt, order the investigation of the complaint. SECTION 4. INVESTIGATION AND REPORT BY THE REGIONAL OFFICE- Within ten (10) days from the investigation or within three (3) working days after the samples taken have been analyzed, the Regional Office shall submit a report on the action taken by the Office, the result of investigation and the status of the case to the originating Office and the Board. Where the case has already been elevated to the Board, the party may request for a copy of the investigation report within five (5) days from the submission of report by the Regional Office. C. COMMON PROVISIONS SECTION 5. ISSUANCE OF NOTICE OF VIOLATION - Where, after the conduct of investigation pursuant to the preceding provisions (Rule V-A and V­ B), there is prima facie evidence of a violation, the Regional Director shall issue a Notice of Violation against the respondent. The Notice of Violation should clearly state the particular provision/ s of the law that the Respondent violated. If the violation covers both P.D. 1586 (Philippine Environmental Impact Assessment) and R.A. 8749 (Clean Air Act) and/or R.A. 9275 (Clean Water Act), as the case may be, violations should be clearly indicated in the Notice of Violation to be issued to lawfully inform the Respondent that it is violating different environmental laws and that different penalties may be imposed thereto, either by EMB Regional Office if the violation covers P.D. 1586, or by the Pollution Adjudication Board if the violation covers R.A. 8749 and/or R.A. 9275. The Regional Office shall endorse to the Board the NOVs issued for cases of violations of R.A. 8749 and/or R.A. 9275 for the following: 1) issuance of an interim CDO as provided under these Rules; 2) issuance of a regular CDO if respondent fails to pass two consecutive samplings; 3) for evaluation of fines upon compliance, unless the Regional Office is given authority to determine and impose fines thereto pursuant to PAB Resolution No. 1 series of 2019; 4) other prohibited acts as provided under R.A. 9275 and/ or R.A. 8749 and their respective rules and regulations. No NOV shall be issued by the Regional Office for permitting violation/ s pursuant to PAB Resolution No. 1 series of 2019 if the establishment has a PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 12 pending PAB case, as the issuance of permits is held in abeyance while the case is pending. SECTION 6. CONTENTS OF THE NOTICE OF VIOLATION-The Notice of Violation shall state and include, among others, the following: a. A copy of the complaint, the investigation, inspection or monitoring report; b. Pertinent provisions of laws, rules, orders, permitting conditions, etc. that are allegedly being violated; c. Date of the Technical Conference, which shall not be later than thirty (30) days from the date of Notice and the failure of such respondent to attend the technical conference or submit his position paper on the said date, shall be deemed a waiver of his right to contest the findings of the report or present evidence in his defense and the case may be decided based on evidence on record; and, d. Depending on the nature of the violation, any immediate and urgent steps and measures necessary to mitigate, abate or stop certain acts or om1ss1ons. SECTION 7. RESULTS OF TESTS- Where inspections and samplings are conducted, the Regional Office shall, within five (5) days from the release of the results laboratory analyses, furnish a copy of the same to Respondent. SECTION 8. ISSUANCE OF AN INTERIM CEASE AND DESIST ORDER Where there is prima facie evidence that the emission or discharge of pollutants constitutes an immediate threat to life, public health, safety or welfare, or to animal or plant life, or greatly exceeds the allowable DENR Standards, as provided in guidelines established by the Board, the Regional Director may immediately issue an Interim CDO pursuant to the provisions of the applicable law, which shall be effective for a period not longer than seven (7) days. The Interim CDO shall in all respect be considered as a regular CDO if it is subsequently confirmed by the Board or the Secretary, as the case may be. Such confirmation may only be made prior to the lapse of the Interim CDO. The Interim CDO, indicating therein the nature of the violation as well as penalties that may be imposed, shall immediately be served and executed by the implementing team of the Regional Office through sealing/ closing the outfall, discharge point or source of emission of pollutants. The sealing of the wastewater outfall shall be done thru sealing with cement or similar kind to ensure that no pollutant will be discharged. For air pollution, the same shall be done by padlocking the air pollution source installation. The Regional Office shall also put up appropriate signages that an Interim CDO has been issued for a period of seven (7) days, subject to the affirmation of the Pollution Adjudication Board. Such shall be effective for a period not longer than seven (7) days and in all respect be considered as a regular CDO upon affirmation by the Board or the Secretary, as the case may be. The affirmation may only be made prior to the lapse of the Interim CDO. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 13 In case of depopulation, an action plan will be submitted to indicate the reduction of the population to achieve compliance with the standards within thirty (30) days. SECTION 9. PROCEDURE UPON ISSUANCE BY THE REGIONAL DIRECTOR OF THE INTERIM CEASE AND DESIST ORDER - Whenever an Interim CDO is issued and implemented by the Regional Office, the Regional Director shall immediately inform the Board and send the pertinent documents, thru the Secretariat via call and/ or electronic mail, which should be classified as "URGENT". The Regional Director/Chief EMED/Chief Legal must attend the hearing to present the NOV with Interim CDO for the Board's consideration. SECTION 10. BOARD ACTION ON INTERIM CEASE AND DESIST ORDER - Where an Interim CDO effective for seven (7) days has been issued by the Regional Director, the Board shall, before the lapse of the seven (7) day period, affirm such Interim CDO, or issue an order of non-affirmation of the Interim CDO, upon the recommendation of the Regional Office concerned. SECTION 11. AFFIRMATION OF THE INTERIM CDO. - The Interim CDO shall be effective for a period not longer than seven (7) days. It shall be considered as a regular CDO upon affirmation by the Board made prior the lapse of the Interim CDO. SECTION 12. RECOMMENDATION FOR NON-AFFIRMATION OF THE INTERIM CDO - Within the same seven (7) day period, should there be compliance with the environmental laws being violated, the Regional Office may recommend for the non-affirmation of the interim CDO. Nonetheless, violation committed shall be subject to the full-blown deliberation of the case and computation of fines. SECTION 13. CONDUCT OF TECHNICAL CONFERENCE BY THE REGIONAL OFFICE CONCERNED AFTER THE ISSUANCE OF INTERIM CDO The EMB Regional Office shall conduct Technical Conference with the Respondent within seventy-two (72) hours upon execution or service of Interim CDO wherein the Regional Office shall inform the Respondent of its violation/ s which led to the issuance of the Interim Cease and Desist Order and the consequences thereof. The Respondent shall commit to the Regional Office its compliance to the environmental laws violated before the lapse of the interim CDO. SECTION 14. MONTHLY REPORTS OF REGIONAL OFFICE - The Regional Office shall submit monthly reports to the Board of the NOVs as well as Interim CDOs issued and status of the cases referred, endorsed, investigated and acted upon every 5th day of the month in the same format as that of the cases delegated to the Regional Directors pursuant to PAB Resolution No. 1 Series of 2019. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 14 SECTION 15. - BOARD ACTION ON NOVs ISSUED. The monthly reports of the NOVs issued shall be consolidated and calendared for the Board's information in the next Board meeting of the following month, without prejudice to the Board issuing specific instructions to the Regional Office concerned, as deemed necessary. The Board shall also submit a quarterly report of its actions to the Secretary or whenever it is deemed necessary. RULE VI HEARING OFFICERS SECTION 1. HEARING OFFICERS - The Regional Director or its duly authorized representative shall preside over the Technical Conference and hear the case. SECTION 2. POWERS, FUNCTIONS, AND DUTIES OF THE HEARING OFFICER - The duly designated Hearing Officer shall have the following powers and functions: a. Preside over the Technical Conference; b. Hear cases and receive evidence subject to these rules and exercise full and active control of the proceedings at any stage thereof; c. Issue subpoena ad testificandum and subpoena duces tecum; d. Administer oaths on all matters or proceedings related to the performance of his duties; e. Cite for contempt in accordance with these Rules; f. Ensure that for cases endorsed to the Board, the documents stated m Section 3 of Rule VII are attached. g. Submit monitoring reports and documents as directed by the Board. RULE VII COMPLIANCE AND ENDORSEMENT TO THE BOARD SECTION 1. TESTING AND MONITORING AFTER THE COMPLIANCE PERIOD - Within five (5) days from expiration of the period agreed upon or as a result of the Technical Conference, a compliance test inspection and/ or sampling shall be conducted by the Regional Office and the results thereof shall be reported within five (5) days after the results have been analyzed. If, after such second sampling, the respondent still fails the DENR Effluent/Emission Standards, the case shall be endorsed to the Board for the issuance of a Cease and Desist Order (CDO) pursuant to Sec. 1, Rule X of this Rules. PAB Resolution No. 2021-04 Revised Rules On Pleading~Practice And Procedure of the Pollution Adjudication Board (PAB) Page 15 in the Adjudication Of Pollution Cases SECTION 2. COMPLIANCE BY THE RESPONDENT - If the result of the inspection and sampling conducted indicates that the Respondent has satisfactorily complied with the standards, rules and orders and/ or corrected any violation, the Regional Office shall, within five (5) days from compliance, elevate the case to the Board for computation and imposition of fines by the Board. During the pendency of the case, the respondent, duly endorsed by the Regional Office, may request clearance to the Board for the issuance of any permits, certificate and/ or clearances as required and related under the Clean Air and Clean Water Act. SECTION 3. TRANSMITTAL OF RECORDS TO THE BOARD - For cases elevated to the Board, the records of the case, all in certified true copies, shall be transmitted to include: a. The copy of the complaint, the inspection or monitoring report; b. The Notice of Violation; c. Position Paper by the Respondent; d. Commitment Sheet and/ or Compliance Plan; e. The Minutes of the Technical Conference; f. Report and Results of the testing, monitoring and inspection conducted; g. Copy of the Resolution of the case; and, h. Other relevant documents and papers related to the case. SECTION 4. SUMMONS - Upon due evaluation of the documents transmitted by the Regional Office to the Board for imposition of fines, a summons will be sent by the Board through the Board Secretary directing the respondent to attend a preliminary hearing in order to discuss the alleged violations and to present the initial evaluation of number of days with violation with its corresponding penalties. RULE VIII COMMON PROVISIONS ON HEARING OF CASES SECTION 1. SUBPOENA - If the attendance of a witness or the production of books, papers, documents and pertinent data is necessary, any party may request the issuance of the necessary subpoena at least five (5) days prior to the scheduled hearing. The Board Secretary or Hearing Officer shall issue the subpoena upon a showing of general relevance. SECTION 2. OCULAR INSPECTION - Whenever necessary to the determination of the issues surrounding the case, the Board or Hearing Officer may direct the conduct of an ocular inspection. SECTION 3. RULES OF EVIDENCE - In the conduct of hearings, the Board or Hearing Officer shall not be bound by the technical rules of evidence PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 16 under the Rules of Court. However, the following simplified rules of evidence shall be observed: (a) The Board or Hearing Officer shall admit and give probative value to evidence commonly accepted by a reasonably prudent man in the conduct of his affairs. In case of doubt, all evidence presented shall be admitted, subject to the objections interposed, if any; (b) All documents forming part of the records and material to the issues of the case, whether marked as exhibits or not, shall be deemed admitted as evidence and may be considered in the resolution of the case; (c) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted; (d) Every party shall have the opportunity to be heard in accordance with administrative due process and to submit rebuttal evidence; and, (e) The Board or Hearing Officer may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts within its or his specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed. SECTION 4. RECORD OF PROCEEDINGS - The proceedings and testimonies of witnesses during the hearing may be recorded by a stenographer, where one is available. The appearances of parties and other persons shall be duly noted and accounted for through their signatures. The Board Secretariat or Hearing Officer shall make a written summary of the proceedings including the substance of the evidence presented which shall form part of the records of the case. The written summary shall be signed and certified by the Board Secretary or the Hearing officer, as the case may be. SECTION 5. INTERVENTION BY AN INTERESTED PARTY - Any party who claims to have an interest in or may be adversely affected by the proceedings, may file a motion for intervention stating concisely the grounds relied upon and the remedy sought, serving copies of the same on the complainant and the respondent. The motion may be filed at any time before the case is deemed submitted for decision. The Board or Hearing Officer has the discretion to allow or disallow the intervention. SECTION 6. CONSOLIDATION OF CASES - Where there are two (2) or more cases pending before the Board or before different Hearing Officers involving the same respondent (pollution source) and issues, the cases subsequently filed shall be consolidated with the first case filed to avoid unnecessary cost and delay. Consolidated cases at the level of the Regional Office shall be heard by the Hearing Officer to whom the first case was assigned. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 17 SECTION 7. ORDERS, RESOLUTIONS AND DECISIONS - Every order or decision promulgated by the Board or the Regional Office shall be in writing and under the seal of the Board, signed by all the members of the board present during the deliberation of the case, and shall clearly and distinctly state the facts and the law on which it is based. The Board shall decide each case within sixty (60) days after it is deemed submitted for resolution. SECTION 8. PRONOUNCEMENT ON COSTS AND EXPENSES - Every order shall contain pronouncements on costs and expenses against the respondent subject to the provisions of Rule XVII. SECTION 9. DECISIONS AND FINAL ORDERS ARE PUBLIC RECORDS The Board shall make available to the real parties in interest all decisions or final orders and resolutions in the adjudication of cases. SECTION 10. INVENTORY OF CASES - The Board and Regional Offices shall conduct a semi-annual inventory of cases indicating the progress and status. The inventory shall be conducted every January and July every year. The Regional Offices shall submit the report within fifteen (15) days from the last day of inventory and it shall be calendared for the Board's information in the next available hearing. RULEIX HEARING OR DELIBERATION OF CASES BY THE BOARD SECTION 1. VENUE - The hearing or deliberation of cases by the Board shall be held at the main office of the Department or in such other place as may be designated by the Board. It may adopt a virtual or blended form of meeting pursuant to the minimum health standards protocol under IATF guidelines. SECTION 2. SCHEDULE OF MEETINGS - The Board shall regularly meet at least twice a month for the purpose of hearing or deliberating on cases. The Chairman or the Presiding Officer of the Board may call special meetings where necessary. SECTION 3. QUORUM - Cases shall be heard or deliberated by the Board in a meeting where at least a majority of the members of the Board are present. To ensure a quorum in meetings of the Board, the Secretary of the Department may designate officials of the Department who shall take the place of the ex­ officio members of the Board during their absence. Such designated officials shall have the same power and authority as the regular members during the period of their designation. In the absence of a quorum in a meeting already called, three (3) members of the Board may constitute themselves into an ad hoc committee and make unanimous decisions subject to confirmation or ratification by the Board in the next scheduled meeting; provided that; at least one (1) representative from the private sector must be present in the ad hoc committee or in the subsequent Board meeting where the confirmation is decided upon. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 18 SECTION 4. PRESIDING OFFICER - The Secretary, who is also the ex­ officio Chairman of the Board shall designate a Presiding Officer and an Alternate Presiding Officer from the Members of the Board to preside over the hearings of the Board in his absence. SECTION 5. SPECIAL AUTHORITY - If the Board cannot convene in a special meeting because of the absence of a quorum, the DENR Secretary or the Presiding Officer, whenever authorized by the Chairman of the Board, in cases involving national interest, may issue Cease and Desist Orders, Temporary Lifting Orders and extensions of Temporary Lifting Orders for and in behalf of the Board, in accordance with the existing policies of the Board. The Chairman or the Presiding Officer shall inform the other members of the Board on such action taken by him. Such orders shall be immediately executory and shall remain effective unless revoked by the Board in a subsequent meeting where there is a quorum. SECTION 6. DELIBERATIONS BY THE BOARD - The Board shall deliberate on cases on the basis of the pleadings and the records of the case, without the appearance of the parties in a hearing, except where the Board, in its discretion, provides for oral arguments or for the presentation of additional evidence. RULEX ORDERS, RESOLUTIONS AND DECISIONS SECTION 1. CEASE AND DESIST ORDER - Whenever the Board finds prima facie evidence after two consecutive failed samplings that the emission or discharge of pollutants constitutes 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 an order directing the abatement of pollution or the temporary suspension or cessation of the operation of the establishment or person generating such pollutants, without need of a prior public hearing. The Cease and Desist Order (CDO) shall be immediately executory and shall remain in force and effect until modified or lifted by the Board or the DENR Secretary. The Board may also direct the Regional Office to revoke, suspend or modify any permit to operate a pollution control facility or any clearance whenever such is necessary to prevent or abate the pollution. SECTION 2. CEASE AND DESIST ORDER AGAINST WHO ISSUED - A CDO shall be issued against the respondent immediately directing it to stop or refrain from doing, conducting an act or continuing a particular activity or course of action in violation of environmental laws; such as but not limited to, the operation of a particular machine, equipment, process or activity or doing a particular act expressly prohibited by law. PAB Resolution No. 2021-04 Revised Rules On Pleading~Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 19 SECTION 3. CDO UNDER THE CLEAN AIR ACT - Under the Clean Air Act, the PAB shall order the closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental safeguards are in place. (Chapter VI, Section 45) SECTION 4. IMPLEMENTATION OF CEASE AND DESIST ORDER-The Regional Director or his duly authorized representative, in coordination with the Regional Executive Director (RED) shall implement or cause the implementation of the Cease and Desist Order not later than seventy-two (72) hours from receipt thereof. He shall submit to the Board a report within forty-eight (48) hours after the completion of the implementation, stating therein the actions taken. Should the Cease and Desist Order be implemented beyond seventy-two (72) hours or cannot be implemented, the Regional Director shall submit a written report to the Board stating therein the causes of delay or non-execution. The implementing team shall be designated by the Regional Director. In the implementation of Cease and Desist Orders, the Regional Director shall observe the following guidelines: 1. Upon issuance or receipt of the CDO by the Board, the EMB Regional Director or his duly authorized representative shall inform the local government unit (province/municipality/city) concerned regarding the implementation thereof by furnishing it with copies of the Orders received from the Board; 2. Upon the arrival of the inspection team in the premises, they shall present the copy of the travel/mission order of the inspection/on-site verification duly signed by the Regional Director, specifying the premises to be inspected and the copy of the pertinent provision(s) of the Clean Air/Clean Water Act being violated, if applicable, to the Pollution Control Officer or the Managing Head. In case of absence of the Pollution Control Officer or the Managing Head, service of the travel/mission order shall be made through an officer in charge, such as the company's General Manager, CEO, COO or President, who must have sufficient knowledge to understand the obligation of the Respondent establishment as specified, its importance, and the prejudicial effects arising from inaction; 3. If, notwithstanding the proper service and presentation of the travel/ mission order to the person in charge, the entry of the inspection team is refused, the inspection team then shall leave a copy of the mission or travel order and the copy of the provision of the Clean Air/Clean Water Act, if applicable, to the said competent officer in charge, leave the premises, and immediately report to the immediate supervisor for instructions to report such incident to the Regional Director, without prejudice to such respondent being declared in contempt and other criminal liability under relevant laws. 4. Upon entry, the head of the implementing team shall discuss the contents of the CDO with the Managing Head and the Pollution Control Officer, or in their absence any person in-charge thereon; PAD Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 20 5. After the briefing, the team shall proceed with the execution by padlocking the source of emissions and/ or sealing the discharge point of the effluent or source of water in case the discharge point cannot be accessed; 6. The Regional Director, whenever it is deemed necessary, may seek the assistance of the Local Government Units (LGUs) and/or Philippine National Police (PNP) through its PNP Regional Director. The written communication shall state the urgency of having the CDO implemented within the seventy-two (72) hour period as prescribed in the existing Rules; 7. The LGUs and/or the PNP together with the same implementing team may break into respondent's premises for the purpose of implementing the CDO in accordance with number five (5) above; and 8. After the execution, the Regional Office shall document the same with the taking of photographs/videos and thereafter notify respondent that the removal of the padlocks and seals is a criminal offense punishable by existing environmental laws rules and regulations without prejudice to such respondent being declared in contempt and other criminal liability under relevant laws. SECTION 5. SHOW CAUSE ORDER - instead of issuing a CDO, the Board may opt to direct respondent to Show Cause why no CDO be issued against it, subject to these criteria: 1. The result of the second effluent sampling shows a marked decrease in the values of the relevant parameters; or 2. The values of the relevant parameters as per the Results of Laboratory Analysis exceeds of at most ten percent (10%) from the DENR Standards. Likewise, for gross violations of R.A. 9275, pursuant to Paragraph 3, Section 28 thereof, the Order of the Board shall include a show cause order directing the respondent to explain why no criminal action should be filed against it in appropriate courts of law. RULE XI TEMPORARY AND FORMAL LIFTING ORDERS SECTION 1. TEMPORARY LIFTING ORDERS - Upon Motion of the respondent, the Board may issue a TLO after a satisfactory showing of respondent's compliance with the conditions provided in the CDO. The TLO shall have the effect of provisionally setting aside the CDO and allow the limited operations with a facility or limited operations of business for specific purpose to be determined by the Board. A TLO may only be issued for the purpose of implementing a pollution control program or for the purpose of conducting a sampling. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 21 SECTION 2. REQUIREMENTS FOR THE ISSUANCE OF A TEMPORARY LIFTING ORDER - No TLO shall be issued unless the respondent submits the following: (a) In TLOs for the implementation of comprehensive pollution control programs: (1) The proposal containing the comprehensive PCP, including the plans and specifications of the respondent's anti-pollution facility, budget and the Gantt chart of activities relate thereto; provided that the signatory thereof shall be the owner if the respondent is a sole proprietorship, or the managing head and/or its Board Secretary, duly authorized by the Board of Directors, if respondent is a corporation; (2) A surety bond equivalent to twenty-five percent (25%) of the total cost of the pollution control program, which shall likewise include the following conditions: a. the period within which the PCP is to be completed shall include the period necessary for installing or preparing the facilities, machines, devices and/ or stacks for sampling or inspection; b. that surety guarantees respondent's compliance with the timetable of construction or completion as indicated in the Gantt Chart of activities in relation to the installation of such facilities and machines, consistent with the period stipulated in the PCP; c. surety's commitments that upon completion of the proposed PCP, respondent's effluent or emission shall comply with the appropriate standard. (3) A detailed description of the interim remedial measures to be instituted by the respondent in order to address the source of pollution within the shortest time possible pending the completion of the PCP; (4) Proof of the employment of a pollution control officer duly accredited by the DENR pursuant to existing rules and regulations; (5) A notarized undertaking to comply with the conditions imposed by the Board, signed by the respondent or its duly authorized managing head; and (6) A written commitment to comply with such other conditions that the Board may deem appropriate under the circumstances. (b) In TLOs for sampling purposes: (1) Proof of the employment of a pollution control officer duly accredited by the DENR pursuant to existing rules and regulations; (2) A notarized undertaking to comply with the conditions imposed by the Board, signed by the respondent or its duly authorized managing head; PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 22 (3) Where a commitment to undertake a PCP was made by the respondent during the Technical Conference, a certification from the Regional Office that such a PCP has been fully completed or implemented; and (4) A written commitment to comply with such other conditions that the Board may deem appropriate under the circumstances. SECTION 3. EFFECTIVITY OF THE TLO UNDER 2(a) - The TLO issued pursuant to this section shall be effective for a period to be determined by the Board, based on the complexity of the operations involved and the technical nature of the pollution control program, which in no case shall exceed ninety (90) days. However, the Board may, upon proper motion and for meritorious reasons, extend the effectivity of the TLO for a non-extendible period of another ninety (90) days, subject to the submission of monthly progress reports. SECTION 4. MONTHLY PROGRESS REPORTS REQUIRED - Where a Temporary Lifting Order (TLO) is issued for the purpose of implementing pollution control programs, the Respondent shall be required to submit monthly progress reports indicating therein the latest status of the construction or rehabilitation, the percentage of work completed, and the proposed date of sampling. Failure to submit the progress reports shall be a ground for the revocation of the TLO issued. SECTION 5. LAPSE OF THE TLO - Upon the lapse of the period specified in the Temporary Lifting Order or failure to submit the progress reports, the Cease and Desist Order (CDO) shall automatically resume its effectivity, without prejudice to the filing by respondent of a Motion for the extension of the TLO before the lapse of the said period. SECTION 6. MOTION FOR EXTENSION OF TEMPORARY LIFTING ORDER ISSUED UNDER SECTION 2(a) - A motion for the extension of the period specified in the TLO issued under Section 2(a) hereof may be filed with the Board at least fifteen (15) days before the expiration of the TLO, with proof of service of copies thereof on the Regional Office and the parties concerned. The Regional Office and the parties concerned may file with the Board their comments thereto within ten (10) days from receipt of the said motion. No TLO shall be extended by the Board except upon motion of respondent, and neither shall any motion for extension be granted unless the respondent presents competent proof that; 1. The remedial measures approved by the Board or the Regional Office in granting the TLO have been substantially instituted; 2. That there has been a substantial improvement m the respondent's effluents or emissions; 3. The respondent has regularly submitted the monthly progress reports; and, 4. The Respondent has fully paid the fines imposed for previous violation/ s committed; PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 23 SECTION 7. TEMPORARY LIFTING ORDER FOR SAMPLING PURPOSES - Subject to Section 2(b) hereof, any TLO issued to enable the Regional Office to take samples shall not exceed sixty (60) days. Upon the lapse of the said period, the CDO shall automatically resume its effectivity; without prejudice to the CDO taking effect prior to the expiration of the said period, upon proof that the result of the analyses of the samples taken indicates non­ compliance with the standards. SECTION 8. FORMAL LIFTING OF CEASE AND DESIST ORDER AND TERMINATION OF THE CASE - Where, after a Temporary Lifting Order has been issued or extended, there is a definite finding that the respondent's effluents or emissions have passed the allowable DENR Standards after another sampling in the conduct of a follow-up inspection/monitoring, taken from its completed wastewater treatment facility or air pollution control facility, the DENR Secretary or the Board, may, upon proper motion, issue a resolution formally lifting the Cease and Desist Order and terminating the case; provided that, the respondent has fully paid the fines imposed upon it. SECTION 9. FAILURE TO COMPLY- Should the respondent fail to abate the pollution or fully implement the approved pollution control program or comply with the standards or any order of the Board, the Board or the Regional Office in cases falling within its jurisdiction shall, upon the expiration of the TLO or prior to its expiration in cases covered by Section 8 hereof, deem the case submitted for resolution and thereafter promulgate the appropriate decision, which shall include forfeiture of bonds. Moreover, the surety bond posted to fulfill the condition necessary for the issuance of TLO shall be forfeited in favor of the government, in which case, the PAB Secretariat shall process the forfeiture thereof. SECTION 10. FUTURE VIOLATION - Any future violation involving the same respondent shall warrant the filing of a new case, to be assigned a new docket number. RULE XII APPEAL FROM ORDERS OF THE BOARD SECTION 1. SUBJECT MATTER - An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter. SECTION 2. EFFECT OF APPEAL-Appeal taken from a judgment or final order shall not stay the execution of such judgment or Order of the Board. SECTION 3. APPLICATION OF RULE 43 OF THE REVISED RULES OF COURT. Appeals taken from orders of the Board shall be governed by Rule 43 of the Revised Rules of Court. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page24 RULE XIII FINALITY OF DECISIONS SECTION 1. FINALITY OF ORDER, RESOLUTION OR DECISION - Any order, resolution or decision of the Board, Regional Office or DENR Secretary shall become final and executory fifteen (15) days after the receipt of a copy thereof by the party adversely affected, unless a motion for reconsideration is filed or an appeal is perfected within said period. Only one motion for reconsideration may be filed, which shall suspend the running of the said period. The mere filing of an appeal shall not stay the decision of the Board. SECTION 2. BOOK OF ENTRY OF JUDGMENT - The Secretariat shall keep a Book of Entry Judgment, containing in chronological order the entries of all Orders, Decisions and Resolutions issued by the Board. RULE XIV EXECUTION SECTION 1. EXECUTION OF ORDER, RESOLUTION OR DECISION The orders, resolutions and decisions of the Board, after they have become final and executory, shall be enforced and executed in the same manner as orders, resolutions and decisions of the Regional Trial Court. The Board or the DENR Secretary shall have the power to issue to the Sheriff such writs as may be necessary to enforce and execute such orders, resolution or decision. The Regional Executive Director, PENRO or CENRO may be requested by the Regional Director to assist in the enforcement and execution of the orders, resolutions and decisions of the Board. SECTION 2. RETURN OF THE WRIT OF EXECUTION - The writ of execution shall be made returnable to the Board not less than ten ( 10) days nor more than thirty (30) days after its receipt by the implementing officer or team concerned. The said officer or team shall, within forty-eight(48) hours from the completion of the enforcement or execution of the order, resolution or decision, submit to the Board a report signed by him or its members, as the case may be, stating the whole of the proceedings taken to enforce the said order, resolution or decision, together with the corresponding proof of service. SECTION 3. ISSUANCE OF DEMAND LETTER, FORM AND CONTENTS, SERVICE - The Board shall issue a demand letter upon expiration of the period to file a motion for reconsideration or an appeal, as the case may be, to enforce and execute the order imposing fines and penalties. The PENRO or the CENRO, through the Regional Executive Director, may be requested by the EMB to assist in the enforcement and execution of the said order consistent with DAO 2018 18. The demand letter shall contain the following: (1) agency name; (2) the case number and title; (3) the dispositive part of the subject order, decision, or resolution; (4) validity period of the demand; (5) total amount of fines payable; and (6) name of the establishment or industry and its authorized representative to whom it is directed to enforce. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page25 The demand letter shall be personally served to any authorized representative of the respondent by the EMB Regional Office Legal Officer or any authorized representative thereof. The authorized or designated representatives of the respondent are the (1) Permittee; (2) President/ Chief Executive Officer/ Local Chief Executive Officer; (3) managing partner/ managing head; (4) general manager/ plant manager; (5) corporate secretary/ records officer; (6) pollution control officer; (7) other persons of equivalent rank to those above mentioned and any other persons authorized by the respondent to receive communications, orders, decisions or resolutions such as but not limited to the security guard on duty, the clerk on duty and front desk personnel. If for justifiable causes, the respondent cannot be served within a reasonable time as provided in the preceding paragraph, service may be effected by leaving a copy of the demand letter at the respondent's office or regular place of business with some competent person in charge thereof. In cases where the establishment and/ or industry would refuse to receive the demand letter, the EMB Officer may be accompanied by a barangay official and at least two (2) disinterested persons of suitable age and discretion, other than EMB personnel, to personally observe and attest to such refusal. In case of difficulty to effect personal service, the EMB may serve the demand letter through substituted service. SECTION 4. RETURN OF DEMAND LETTER - The demand letter shall be returnable immediately to the PAB after the order, decision, or resolution has been satisfied in part or in full. If the said order, decision or resolution cannot be satisfied in full within five (5) days after respondent's receipt thereof, the Legal Officer or any authorized representative shall report to the PAB and state the reason therefor. Such demand letter shall continue in effect during the period specified therein. The Legal Officer or any authorized representative shall make a report to the PAB after the order, decision or resolution is satisfied in full, or its effectivity expires, copies thereof promptly furnished the respondent. SECTION 5. WITHHOLDING OF APPROVAL OF PENDING APPLICATION; CANCELLATION OF PERMITS - Continued neglect, refusal or failure on the part of the respondent to settle the amount payable shall be a ground for withholding of approval of pending and/ or cancellation or dropping of application until the obligation has been paid accordingly. Likewise, non­ payment of the fines and penalty can be a ground for the suspension/revocation of the Discharge Permit/Permit to Operate issued to it. RULE XV CONTEMPT SECTION 1. DIRECT CONTEMPT PUNISHED SUMMARILY-A person guilty of misbehavior in the presence of or so near the Board or Hearing Officer as to obstruct or interrupt the proceedings before the same, including disrespect toward the Board or Officer, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page26 when lawfully required to do so, may be summarily adjudged in contempt by the Board and punished by a fine not exceeding two thousand pesos or imprisonment not exceeding ten ( 10) days, or both. SECTION 2. REMEDY THEREFROM - The person adjudged in direct contempt by the Board or Hearing Officer, may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition. The execution of the judgment shall be suspended pending resolution of such petition, provided such person file a bond fixed by the Board or Hearing Officer which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him. SECTION 3. INDIRECT CONTEMPT TO BE PUNISHED AFTER CHARGE AND HEARING - After a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the Board or Hearing Officer and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt: (a) Misbehavior to an officer of the Board, the Hearing Officer or staff or personnel of the Regional Office or the PAB Secretariat in the performance of his official duties or acting in his official capacity in carrying out the functions under the Rules; (b) Disobedience of or resistance to a lawful writ, process, order, or judgment of the Board, Hearing Officer or the Regional Office or the PAB Secretariat; (c) Any abuse of or any unlawful interference with the processes or proceedings of a Board not constituting direct contempt under section 1 of this Rule by the Hearing Officer or the Regional Office or the PAB Secretariat; (d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice; (e) Failure to obey a notice of hearing duly served; (f) Any person who fails or refuses to comply with the lawful orders, resolutions, decisions, writs or subpoenas issued by the Board; or who refuses entry into the premises of respondent to personnel duly authorized or deputized to conduct inspection or sampling. SECTION 4. HOW PROCEEDINGS COMMENCED - Proceedings for indirect contempt may be initiated motu proprio by the Board or Hearing Officer against whom the contempt was committed, upon grounds and in the manner prescribed under the Revised Rules of Court. SECTION 5. PUNISHMENT FOR INDIRECT CONTEMPT - If the respondent is adjudged guilty of indirect contempt committed against Board, he may be punished by a fine not exceeding thirty thousand pesos or imprisonment not exceeding six (6) months, or both or as provided in existing laws and rules and regulations. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page27 SECTION 6. CONTEMPT NOT BAR TO FURTHER ACTION -The penalty or liability provided under this rule shall be without prejudice to the filing of appropriate charges, criminal or otherwise, specifically punished under applicable laws, rules or orders. RULE XVI ARBITRATION SECTION 1. ARBITRATION - Any claim for reparation or restitution of damages and losses resulting from the pollution of water, air or land resources may be brought before the Board or the Regional Office for voluntary arbitration. The claim for restitution or reparation shall take into account the gravity and duration of the pollution and the extent and reasonable value of the damage and losses, based on the evidence presented by the parties. Any amount recovered in excess of the compensation due the aggrieved parties shall accrue to the General Fund of the Government. If the pollution results in the death of fish or other aquatic life or destruction of the natural habitat necessary for the propagation of fish or other aquatic life, the person responsible for the pollution shall pay the Government for damages for fish or aquatic life destroyed. The reasonable value thereof shall be ascertained in consultation with the Bureau of Fisheries and Aquatic Resources and other appropriate agencies. SECTION 2. PROCEEDINGS - A summary of the arbitration proceedings, and any settlement arrived at, shall be reduced to writing, duly attested by the Board Secretary or Hearing Officer. SECTION 3. ASSISTANCE OF EXPERTS - Upon motion of either party or at the discretion of the Board or Hearing Officer, the assistance of experts may be sought on any technical matter or issue material to the subject of the proceedings. SECTION 4. ELEVATION OF CASE TO THE BOARD - In case the parties to any arbitration proceedings at the level of the Regional Office fail to arrive at an amicable settlement of the case, the Hearing Officer shall, within fifteen (15) days from the termination of the proceedings, forward the entire records of the case, together with his certified report and recommendation, to the Board for final resolution. SECTION 5. FINALITY OF AN AWARD OR RESOLUTION - An award or resolution in any case submitted for arbitration shall become final and executory fifteen ( 15) days after receipt of the award or resolution by the parties. SECTION 6. EXECUTION OF AWARD OR RESOLUTIONS - Awards or resolutions of the Board in arbitration proceedings shall be enforced and executed in the same manner as orders, resolutions and decisions of the Board. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 28 SECTION 7. ARBITRATION AWARD MADE IN FAVOR OF PRIVATE PARTIES. Any payments made in favor of private parties in satisfaction of any liability for loss or damages shall be without prejudice to the imposition by the Board of the appropriate fines and penalties pursuant to applicable laws, rules or orders. RULE XVII COSTS AND EXPENSES SECTION 1. COSTS AND EXPENSES - Costs shall be assessed and shall be for the account of the respondent. Actual expenses incurred in the Technical Conference, hearings, samplings and inspections, with the exception of routine samplings and inspections, and similar expenses, shall be for the account of the respondent. Costs and expenses shall be assessed in accordance with guidelines to be established by the Board. SECTION 2. BOOK OF FEES - The Board and the Regional Office shall keep a separate book in which shall be recorded the costs and expenses assessed and the fees collected and paid, specifying for what matter and case the costs or expenses was assessed. Receipts shall be issued for all fees collected and paid, and the receipt number shall be recorded in the book. The book of fees shall be open for inspection by auditing officials and interested parties, subject to such reasonable guidelines as the Board may prescribe. SECTION 3. REPORT ON FEES COLLECTED AND ASSESSED AND CLEARANCES ISSUED - Regional Offices shall prepare and submit to the Board a monthly report of the costs and expenses assessed, fees collected and paid, and clearances issued. The report shall be submitted to the Board and shall be calendared by the Secretariat for hearing for the Board's information. RULE XVIII ADMINISTRATIVE SANCTIONS, REPORTS AND CRIMINAL PROSECUTION SECTION 1. DETERMINATION OF THE AMOUNT OF IMPOSABLE FINES - The Board Secretariat and Regional Director/ Legal and Technical Representative concerned shall initially conduct and review the evaluation of imposable fines and penalties, for approval by the Board. The amount of fines shall be computed in accordance with the existing guidelines of the Board. The amount of fines shall be computed from the date of sampling until the date of the actual cessation of the pollution or actual closure of the source of pollution, unless the actual number of days is proven otherwise by the respondent. The following proceedings shall be observed m the computation and presentation of fines: PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page29 a) After determining that the only issues that remain outstanding involve the payment of fines and whenever the Board deems it necessary, the Board Secretary, acting by the authority of the Board, shall issue Summons against the respondent, its President, General Manager, Managing Head or Pollution Control Officer, directing the Respondent to attend the preliminary hearing before the Board thru the Secretariat attaching thereto the initial evaluation of the fines to be imposed; b) During the said preliminary hearing, the basis of the computation of the fines shall be explained to the respondent, which shall include such details as the date of sampling and results of laboratory analysis of samples collected, among others; c) Upon the termination of the preliminary hearing, Respondent shall be required to sign a commitment sheet, which shall include the submission of its Brief Memorandum and in no case the performance thereof shall exceed sixty (60) days from the date of the hearing; d) After receipt of the Brief Memorandum, or within fifteen (15) days from the termination of the Summons if none has been filed, the Secretariat and the Regional Office shall convene to discuss the imposable amount of penalty indicating therein the basis of the computation and come up with a recommendation to the Board for approval; e) If the Board concurs on the amount recommended, the Board shall issue an Order directing respondent to pay the fines in full within fifteen (15) days from receipt thereof. Otherwise, the Board may defer action thereon and direct the reception of additional evidence. The failure of respondent to present competent evidence in relation to a particular period in its computation shall be construed as an admission that no such evidence exists, and respondent shall thereafter be barred from claiming otherwise. SECTION 2. STAGGERED PAYMENT SCHEME ALLOWED ON MERITORIOUS GROUNDS - Fines imposed on the Order upon its finality may be paid in monthly installments, provided that the monthly installments shall not be more than three (3) years. The Board may allow that the fines imposed may be paid in monthly installments for not more than three (3) years, taking into account the following: a. Gravity of the violation such as, but not limited to, the use of bypass, gross violation of PAB order, repeat offender, etc; b. Respondent's ability to pay; and c. The amount of penalty imposed. Whenever the Board issues an Order granting the payment in monthly installments, a provisionary Certificate of Compliance signed by the Board Secretary may be issued, after receipt of all post- dated checks, for the purpose of obtaining environmental permits, without prejudice to any actions that the Board may subsequently take in case of respondent's default. Should the PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 30 respondent defaults on any of the monthly installment, the remaining balance shall immediately become due and demandable. SECTION 3. CRIMINAL PROSECUTION - The institution of an action pursuant to these Rules shall be without prejudice, nor shall it be a bar, to the filling of a complaint for the violation of the penal provisions of applicable laws and their implementing rules and regulations. In the filing of the criminal complaint, the Board shall issue a resolution recommending the filing of such. After issuance of such Resolution, the Secretariat shall refer the same to the appropriate government agencies, such as the concerned Regional Office, National Bureau of Investigation, Office of the Solicitor General and/ or other appropriate government agencies. RULE XIX LABORATORY ANALYSIS SECTION 1. LABORATORIES THAT MAY CONDUCT ANALYSIS - The laboratory analysis provided for under these rules may be conducted by the laboratories of the Department or other government agencies, or by privately­ owned laboratories recognized by the Department; provided that, in cases where the respondent has a private laboratory or is the subsidiary or parent company with an in-house laboratory, it shall secure the services of an independent recognized laboratory to conduct the analysis. The Respondent shall ensure that the laboratories where they conduct the samples are DENR recognized laboratories. SECTION 2. SAMPLES TAKEN IN PRESENCE OF EMB PERSONNEL To ensure strict compliance with protocols and procedures, no sampling shall be conducted at the instance of respondent except in the presence of a duly­ authorized personnel of EMB from the Regional Office concerned, otherwise the result thereof may be disregarded. As such, the Respondent shall request for EMB representative whenever they conduct stack sampling and/ or laboratory analysis. SECTION 3. RESULTS OF LABORATORY ANALYSIS - During the pendency of a case, the Board may require the EMB Regional Office to secure the copy from the commissioned DENR Recognized Laboratory of the respondent the results of the laboratory analysis within fifteen (15) days from its release. SECTION 4. EFFECT OF COLLUSION - Any act of collusion or connivance between the respondent and the laboratory that conducted the analysis shall render the same void and without any probative value whatsoever. In addition, the report containing the said laboratory analysis shall be stricken from the records. SECTION 5. LIABILITY FOR COLLUSION - Subject to Rule XV herein, contempt proceedings may be initiated by the Board against parties liable for such collusion or connivance without prejudice to the filing of appropriate PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 31 charges, whether criminal or otherwise, including the cancellation of any professional license or accreditation. In such case, the Board may refer the matter to the Philippine Regulatory Board for Chemistry for appropriate action. In addition, the recognition of the laboratory by the Department shall be immediately cancelled or revoked. RULE XX REPORTORIAL REQUIREMENTS FROM RESPONDENTS SECTION 1. REPORTS FROM RESPONDENTS WITH PENDING CASES. All respondents with pending cases with the Board shall be required to submit self-monitoring reports (SMR) to the Board in accordance with the Procedural and Reference Manual for DAO 2003-27, the following shall be observed: a. submission of general information (Module 0) and the corresponding amendments or changes (Module 1), whenever applicable; b. submission of SMR (Module 3) for violations of the Clean Water Act (RA 9275); c. submission of SMR (Module 4) for violations of the Clean Air Act (RA 87 49); d. submission of other undertakings/ commitments as provided for in Module 6 of the Procedural Reference Manual, as the need arises. All SMRs shall be under oath, signed by the owner, if respondent is a single proprietorship, or by the managing head and its PCO if respondent is a corporation and should be duly received by the Regional Office concerned. Finally, the Regional Offices shall furnish the Board, not later than January 30 and July 30, semi-annual list of companies or entities that have complied with the above requirements. RULEXXI DISMISSAL AND ARCHIVING OF CASES SECTION 1. DISMISSAL OF CASES - The existence of any of the following circumstances shall be sufficient basis for the dismissal of a pending case: 1. Pending cases with sole issue on permit violation under P.D. 984; 2. Pending cases without any record or evidence (e.g. results of laboratory analysis) of either air or water pollution; and 3. Pending cases that have remained inactive for more than ten (10) years to which the PAB in its discretion fairly assumed that the failure to prosecute pollution fines within a reasonable period was brought about by delays not attributable to the Respondent. The Regional Office shall be submitting records relative to the instant case. PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 32 SECTION 2. ARCHIVING OF CASES - The existence of any of the following circumstances shall be sufficient basis for the archiving of a case: 1. Cases with Resolution for the imposition of fines or filing of criminal charges pending for a period of at least three (3) years from said resolution, where the Respondent can no longer be located despite diligent efforts and has ceased operations as certified by the proper government agency, may be archived as an "inactive" case. It is understood however that these cases may be revived by the Board anytime should it become apparent that the Resolution may already be implemented. 2. To be considered inactive, it must be sufficiently established that Notices have been served both personally and by mail at the Respondents last known address and the LGU and/ or Securities and Exchange Commission (SEC) that it has ceased operations. SECTION 3. COMMON PROVISIONS - The following are applicable to both dismissing and archiving of the case, to wit: a. Copies of the Order archiving the case shall be furnished to the parties. b. A special docket shall be maintained to record the cases that have been archived. c. A periodic review of the archived cases shall be made by the Secretariat to be reported to the Board during hearing. d. The Presiding Officer shall, motu proprio or upon motion by any party, order the reinstatement/revival of an archived case and its withdrawal from the archives whenever the same is ready for the deliberation or further proceedings e. The Secretariat shall submit to the PAB a consolidated list of archived cases not later than the first week of January of every year. RULEX:X:11 MISCELLANEOUS PROVISIONS SECTION 1. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M.No. 09-6-8-SC) A. The Rules of Procedures for environmental cases promulgated by the Supreme Court on April 29, 2010 shall not affect the jurisdiction of the Board vested by the Clean Air Act and Clean Water Act and shall continue to adjudicate water and air pollution cases. B. The sanctions and administrative penalties imposed by the Board shall be without prejudice to the other reliefs to be granted by the court under the Rules of Procedure for Environmental Cases such as but not limited to Writ of Kalikasan, Writ of Continuing Mandamus, Environmental Protection Order (EPO) and Strategic Lawsuit against Public Participation (SLAPP). PAB Resolution No. 2021-04 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Page 33 SECTION 2. TRANSITORY PROVISION - All cases currently pending with the Board shall, within thirty (30) days from the effectivity of these rules, be subject to the provisions hereof. SECTION 3. SEPARABILITY CLAUSE - If any section or provision of these rules and regulations, or part thereof, is declared unconstitutional or invalid, the other sections or provisions thereof which are not affected thereby shall continue in full force and effect. SECTION 4. REPEALING CLAUSE- PAB Resolution No. 1 Series of 2010 is hereby modified accordingly. All other policies, issuances, rules and regulations of the Board which are inconsistent with these rules are hereby repealed or modified accordingly. SECTION 5. EFFECTIVITY CLAUSE - These rules shall take effect fifteen ( 15) days after publication in a newspaper of general circulation and submission of the copy hereof to the Office of the National Register (ONAR). Approved this 29 th day of September, 2021 in Quezon City, Philippines. ~'l9',...., SEC. ROY A. CIMATU Chairman Presiding Officer D. ADOBO, JR. Member PAB Resolution No. 2021-04 ~ .. ~ REPUBLIC OF THE PHILIPPINES ,1111 rrn1imn1w11mirnim111 SEt-◄ROE, 1573 Member Page34 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases Attested by: ATTY. JANIC PAB Resolution No. 2021-04 S0-PAMMIT 1 Counsel L. IGNACIO ENGR.TE~t:ERALTA Deputy Board Secretary Page 35 Revised Rules On Pleadings, Practice And Procedure of the Pollution Adjudication Board (PAB) in the Adjudication Of Pollution Cases