RULES AND PROCEDURE OF

ENVIRONMENTAL CASES
Atty. Eliud T. Pailagao Jr.
Counselor-at-Law & Notary Public
TOPICS

• LEGAL PROCEDURES ON ENVIRONMENTAL CASES

• PROCEDURAL FLOW OF ADMINISTRATIVE INVESTIGATION UNDER EIA SYSTEM
• SALIENT FEATURES OF THE RULES OF PROCEDURES FOR ENVIRONMENTAL CASES
LEGAL PROCEDURES ON
ENVIRONMENTAL CASES
Pollution Adjudication Board (the PAB)

• a quasi-judicial body created under Section 19 of Executive Order 192 for the
adjudication of pollution cases.

• assumes the powers and functions of the Commission/Commissioners of the

National Pollution Control Commission (NPCC) with respect to the adjudication of
pollution cases under Republic Act 3931 and Presidential Decree 984.

• under the supervision of the Office of the Secretary of the Department of

Environment and Natural Resources (the DENR).
Pollution Adjudication Board (the PAB)

• Is co-equal with Regional trial Court

• Sec. 7 of PD 984 - Execution of decision any decision or
order of the Commission, after the same has become final
and executory, shall be enforced and executed in the same
manner as decisions of Courts of First Instance,
Pollution Adjudication Board (the PAB)

Chairman : DENR Secretary

Members : 2 DENR Undersecretaries
EMB Director
3 others to be designated by the
Secretary
JURISDICTION OF PAB
• Exceedance of:
• Air emission standards (R.A. 8749-Clean air)
• Effluent water standards (RA 9275- Clean water)
• Violation of any order, rule or regulation issued by the
DENR with respect to such standard or limitation

• Imposition of Fines
IMPORTANT PROHIBITED ACTS UNDER RA 9275 (CLEAN WATER)

• Discharging, depositing or causing to be deposited materials

of any kind w/c could cause water pollution or impede
natural flow in the water body.
• Discharging, injecting or allowing to seep into the soil or
sub-soil any substance that would pollute ground water.
• Discharging regulated pollutants without valid discharge
permit
OTHER VIOLATIONS
• Undertaking activities in violation of P.D. 1586
• Operating without Environmental Compliance Certificate (ECC)

• Transport, dumping or discharge of prohibited chemicals under R.A. 6969

• Hazardous chemicals like used oil, PCBs, batteries, etcs

• Unauthorized transport or dumping of solid wastes under R.A. 9003

• Refusal to allow entry, submit report, access to relevant reports,

designate PCO
POWERS OF PAB AND SANCTIONS UNDER RA 9275 - CLEAN WATER

• Recommend to the Secretary, the issuance of Cease and Desist Orders

• Recommend to the Secretary, the imposition of fine

PENALTY (IN PESOS)
REPUBLIC ACT
Minimum amount Maximum amount
9275 – CLEAN WATER 200,000.00
10,000.00
8749 – CLEAN AIR 100,000.00

• Recommend that the proper government agencies file criminal charges

against violators
PROCEDURES FOR HANDLING CASES

PAB RESOLUTION I-C

Revised Rules of the Pollution Adjudication Board
(PAB) on Pleading Practice and Procedure in Pollution
Cases

Effectivity: 6 October 1997

PROCEDURES FOR HANDLING CASES

PAB Resolution No. 1 – Series of 2010 Revised Rules of the

Pollution Adjudication Board (PAB) on Pleading Practice and
Procedure in

Pollution Cases Signed: 29 June 2010 Published: 02 December

2010 Effectivity: 17 December 2010
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 RA 8749, RA9275, PD1586,
RA 6969 and RA9003 in relation to RA 9275, their
implementing rules and regulations, DENR
Administrative Orders, brought before the Board.
COMMENCEMENT OF ACTION

The Action is deemed commenced:

1. Upon filing of a complaint directly the Board or
with the Regional Office, PENRO or CENRO;

1. By the issuance of Notice of Violation (NOV) by the

Department, Regional Office, PENRO or CENRO
ENDORSEMENT OF THE COMPLAINT/NOV TO
REGIONAL OFFICE (RO)
• All complaints filed w/ PENRO or CENRO, and all
Notices of Violation issued by them,

• shall be endorsed to the Regional Office within

three (3) days for disposition in accordance with
these Rules.
ROLES OF RO’S IN ADJUDICATION PROCESS

1. Action on Complaints
2. Monitoring/Investigation
3. Notice of Violation
4. Technical Conference
5. Elevating the case to PAB
6. Implementation of Cease and Desist Order
1. ACTION ON COMPLAINTS

Rule:
• 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.
2. MONITORING/INVESTIGATION

Rule:
• The Department shall have the right of:
a) entry or access to any premises including documents
and relevant materials ;

b) inspect any pollution or waste source, control device,

monitoring equipment or method required; and

c) test any emission/effluent.

2. MONITORING/INVESTIGATION

Rule:
• 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.
3. NOTICE OF VIOLATION

Rule:
• If based on investigation there is a prima facie evidence of
violation, a Notice of Violation shall be issued. Notices of violation
shall contain the following:
• Investigation Report, Laboratory Test, Complaint if any
• Date of technical conference w/c shall not be later than 10 days
upon issuance of notice
• Results of investigation/analyses of samples

• The PAB shall be furnished copies of all notices of violation issued

by the Regional Offices (every 5th day of every month).
4. TECHNICAL CONFERENCE

Rule:
SECTION 6. The Notice of Violation shall state and include, among
others, the following:
• Date of the Technical Conference, which shall not be later than
ten (10) 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 mean 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;
5. ELEVATING THE CASE TO PAB

Rule:
• After the period agreed upon during the technical conference, RO
shall conduct inspection/sampling to determine compliance
otherwise, the case shall be elevated to the PAB with
recommendation for issuance of CDO.

• If it 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 elevate the case to the Board
for computation and imposition of fines by the Board.
6. IMPLEMENTATION OF CEASE AND DESIST ORDER

Rule:
• The RO is bound to implement fully a CDO issued by the
PAB within 72 hours. If it cannot be implemented, a written
report shall be transmitted stating therein the causes of
failure to execute.

• How to execute?
• After the briefing, the team shall proceed with the
execution by padlocking and sealing the source from
which the effluent or emission were being generated.
ROLE OF Ros IN THE ADJUCATION PROCESS
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.
TEMPORARY LIFTING ORDER (TLO)

KINDS OF TLO:
• TLO for purposes of Sampling

• TLO for purposes of Implementing Comprehensive

Pollution Control Programs

Note:
The Regional Office is require to file Comments/Position
Paper with categorical recommendation on the Motion for
TLO within 10 days upon receipt of PAB directive
SPECIAL AUTHORITY

• If the Board cannot convene in a special meeting because of the absence of a

quorum, the DENR Secretary upon recommendation of the Presiding Officer, 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 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.
IMPOSITION OF FINES
Procedures in the conduct of Technical Conference and endorsement to the COF
COMPUTATION OF FINES

• FINES - 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.
FORMAL LIFTING OF CDO/TERMINATION OF THE CASE

• there is a definite finding that the respondent's

effluents or emissions have passed the allowable DENR
Standards for a series of two (2) consecutive samplings

• Provided that, the Respondent has fully paid the fines

imposed upon it.
CRIMINAL PROSECUTION

The institution of an action pursuant to these Rules shall be without

prejudice, nor shall it be bar, to the filling of a complaint for the
violation of the penal provisions of applicable laws and their
implementing rules and regulations.

• The PAB may recommend that the proper government agencies

file criminal charges against violators;

• Assist Prosecution in litigation of cases (Rule III, Sec. 2)

PROCEDURAL FLOW OF ADMINISTRATIVE
INVESTIGATION UNDER EIA SYSTEM
DISCOVERY OF VIOLATION

1. Complaint or Non-monitoring Source

2. Discovery of Violation either from:
a) Field Monitoring
b) Field Inspection
c) Field Surveillance
d) Desk Review
ACTION ON THE COMPLAINT / REPORT

EMB will determine whether the violation is within the

purview of the EIS System (PD 1586) OTHERWISE, it will
be referred to the PAB or concerned government
entities/LGUs with direct mandate on the complaint.
VIOLATION IS WITHIN THE PURVIEW OF THE EIA SYSTEM

Complaint
If within the purview of the EIS System (PD 1586), within 72
hours DENR-EMB will send Proponent a Notice of Alleged
Violation (NAV) and request for an official reply as to why the
Proponent should not be penalized (EMB may conduct field
validation, site inspection and verification or other activities
to assess or validate the complaint).
VIOLATION IS WITHIN THE PURVIEW OF THE EIA SYSTEM

Proponent’s reply:
• Proponent shall submit reply within Seven (7) Days upon
receipt of the NAF.
• If Proponent replied, the case is deemed submitted for
decision.
• Case Handler (CH) may call for Technical Conference/Hearing
(TC/H) to clarify issues and request for additional information.
• If no reply, EMB shall send Show Cause Letter (SCL) as to why no
penalty or fine shall be imposed.
VIOLATION IS WITHIN THE PURVIEW OF THE EIA SYSTEM

Case submitted for decision

• Whether or not Proponent-respondent attend the

TC/H, the case is deemed submitted for decision.
CH/HO shall draft/issue Case Decision Document:
a)Clearance Letter
b)Notice of Violation and Order of Penalty.
VIOLATION IS WITHIN THE PURVIEW OF THE EIA SYSTEM

MOTION FOR RECONSIDERATION

If respondent file MR/Appeal, the case shall be elevated to the

next authority/jurisdiction pursuant to the procedure for
MR/Appeal.

If not, first follow-up inspection. If complied NOV and paid

penalties/fines, Clearance Letter shall be issued.
VIOLATION IS WITHIN THE PURVIEW OF THE EIA SYSTEM

The proponent or any stakeholder may file

an appeal from any adverse jurisdiction
with the following:

Jurisdiction: DENR/EMB
VIOLATION IS WITHIN THE PURVIEW OF THE EIA SYSTEM

The proponent or any stakeholder may file an appeal

from any adverse jurisdiction with the following:

Deciding Authority Where to file the appeal

EMB Regional Office Office of the EMB Director
EMB Central Office Office of the DENR Secretary
DENR Secretary Office of the President
VIOLATION IS WITHIN THE PURVIEW OF THE EIA SYSTEM

MINOR VIOLATION
Fine 1st Offense 10K; 2nd 25K; 3rd 50K

MAJOR VIOLATION
Fine 1st Offense 25K; 2ND 50k

Suspension and/or Cancellation of ECC maybe imposed by EMB.

SALIENT FEATURES OF THE RULES OF PROCEDURES FOR ENVIRONMENTAL CASES
BACKGROUND

The problem of delay in resolving environmental cases - Supreme Court

designated 117 environmental courts through SC Administrative Circular
No. 23-2008 dated January 28, 2008

• A Sub-Committee on the Rules of Procedure for Environmental Cases

was created – DENR represented by the Undersecretary for Legal
Affairs

• Draft Rules of Procedure for Environmental Cases - presented to the

Multi-sector Forum on Environmental Justice held on April 2009
simultaneously in Baguio City, Iloilo City and Davao City
RULE-MAKING POWER OF THE SUPREME COURT

THE 1987 CONSTITUTION

• Enhances the rule making power of the Supreme Court - Section 5
(5) of which vested the power to promulgate rules concerning the
protection and enforcement of constitutional rights.

• Strengthens the independence of the judiciary – the provision on

the power of Congress (stated in the 1935 and 1973 Constitution)
to repeal, alter, or supplement rules concerning pleading, practice
and procedure are not reproduced therein.
PRESENTATION OUTLINE

PART I – GENERAL PROVISIONS

PART II - CIVIL PROCEDURE

- A civil action is one by which a party sues another for
the enforcement or protection of a right, or the
prevention or redress of a wrong.

PART III - SPECIAL CIVIL ACTIONS

- A special civil action is a type of civil action subject to
its special rules
PRESENTATION OUTLINE

PART IV - CRIMINAL PROCEDURE

• A criminal action is one by which the State prosecutes a
person for an act or omission punishable by law.

PART V – EVIDENCE
• Evidence is the means, sanctioned by the rules of court, of
ascertaining in a judicial proceeding the truth respecting a
matter of fact.

PART VI – FLOW CHARTS OF THE ACTIONS

OBJECTIVES OF THE RULES:

• To protect and advance the right of the people to a balance and healthful
ecology;

• To provide a simplified, speedy and inexpensive procedure for the

enforcement of environmental rights and duties recognized under the
Constitution, existing laws, rules and regulations, and international
agreements;

• To introduced and adopt innovations and best practices ensuring effective

enforcement of remedies and redress for violation of environmental laws; and

• To enable the courts to monitor and exact compliance with orders and
judgment in environmental cases.
SALIENT PROVISIONS SCOPE

Rules govern the procedure in civil, criminal and special civil actions
before RTCs, MTCs , MTCCs, MCTCs

•For enforcement or violations of environmental and other related

laws, rules and regulations on conservation, development,
preservation, protection and utilization of natural resources.
(All laws being implemented by the DENR)
SALIENT PROVISIONS SCOPE

• The Rules have lowered the threshold on locus standi, encourage

citizen’s suit, and prescribed the use of mediation in environmental
disputes

• The Rules minimizes delays and ensure effective and judicious

disposition of envi. Cases by providing continuous trial, disallowing
the filing of delay-prone pleadings, prohibiting the issuance of TROs
against gov’t. agencies’ action to enforce envi. Laws or prevent
violations thereof, proscribing the stay of judgments by appeal and
submission of memoranda in the form of decision.

p. 504, Law on Natural Resources and Environmental Law and Development by Justice Oswaldo D. Agcaoili
SALIENT PROVISIONS – CIVIL PROCEDURE

WHO MAY FILE CASE?

• ANY REAL PARTY IN INTEREST, including the government and juridical entities
authorized by law.

• A CITIZEN SUIT may be filed by any Filipino citizen in representation of others,

including minors or generations yet unborn (IN SHORT, ANYONE)

COURT MAY GRANT 3 KINDS OF RELIEFS

• In matters of extreme urgency where applicant will suffer grave injustice and
irreparable injury, court may issue ex parte a Temporary Environmental Protection
Order (TEPO) effective 72 hours

• Court may convert the TEPO to a permanent Environmental Protection Order (EPO)
or issue a
SALIENT PROVISIONS – CIVIL PROCEDURE

• Environmental Protection Order (EPO) - order issued by the court

directing or enjoining any person or government agency to perform or
desist from performing an act in order to protect, preserve or
rehabilitate the environment.

• Writ of Continuing Mandamus – is a writ issued by a court in an

environmental case directing any agency or instrumentality of the
government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until judgment
is fully satisfied.
CIVIL PROCEDURE IMPACT OF TPO, EPO AND CONTINUING MANDAMUS

DURING PENDENCY OF THE CASE

• Court may issue a TEPO which is a temporary order effective for
72 hours, but can be extended until the termination of the case

• The government agency concerned or any person must perform

or desist from performing the act subject of the case
immediately upon receipt of the TEPO and during the lifetime
of the case where the TEPO is extended
CIVIL PROCEDURE IMPACT OF TPO, EPO AND CONTINUING MANDAMUS

AFTER JUDGEMENT
• Court may issue an EPO or a Writ of Continuing Mandamus
which shall be effective until the judgment is fully satisfied.

• The government agency concerned and other parties must

desist from performing the act subject of the case immediately
or perform the act or series of acts until judgment is satisfied.
CIVIL PROCEDURE-IMPACT OF RELIEFS IN A CITIZEN SUIT
AFTER JUDGEMENT
• - Court may grant reliefs such as protection, preservation or rehabilitation of the
environment and the payment of attorney’s fees, costs of suit and other litigation
expenses.

• Court may also require violator to submit a program of rehabilitation or restoration, costs
of which shall be borne by the violator, or to contribute to a special trust fund subject to
the control of the court.

SLAPP AVAILABLE AS DEFENSE IN CIVIL PROCEDURE

• In a SLAPP filed against a person involved in the enforcement of environmental laws,
protection of the environment, or assertion of environmental rights, the defendant may
file an answer interposing as a defense that the case is a SLAPP
SALIENT PROVISIONS SPECIAL CIVIL ACTIONS – WRIT OF KALIKASAN

WHO MAY INITIATE CASE?

• A natural or juridical person, entity authorized by law, POs, NGOs, public interest
group, on behalf of persons whose constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by an unlawful act or omission of
a public official or employee, or private individual or entity (IN SHORT, ANYONE)

SUPREME COURT OR COURT OF APPEALS MAY GRANT 2 KINDS OF RELIEFS

• If petition sufficient in form and substance, SC or CA shall, within 3 days from the
date of filing of the petition, give an order issuing the WRIT OF KALIKASAN which
may include a Cease and Desist Order (CDO)
SALIENT PROVISIONS SPECIAL CIVIL ACTIONS – WRIT OF KALIKASAN

WRIT OF KALIKASAN is an extraordinary remedy which maybe issued

depending on the magnitude of the environmental damage

SPECIAL CIRCUMSTANCE THAT WARRANTS ISSUANCE OF WRIT OF

KALIKASAN
• If based on environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces
IMPACT OF WRIT OF KALIKASAN

DURING PENDENCY OF THE CASE

• Court may issue a TEPO which is a temporary order effective for 72 hours, but can
be extended until the termination of the case

• Government agency concerned and other respondent must perform or desist from
performing the act subject of the case immediately upon receipt of the TEPO and
during the lifetime of the case where the TEPO is extended

AFTER JUDGEMENT
• Court may grant the Writ of Kalikasan which may include reliefs such as directing
respondent public official, government agency, private person or entity to
permanently cease and desist from committing acts or neglecting the performance
of a duty in violation of environmental laws
SPECIAL CIVIL ACTIONS – WRIT OF CONTINUING MANDAMUS

WHO MAY INITIATE CASE?

• Any aggrieved person (IN SHORT, ANYONE)

SUPREME COURT, COURT OF APPEALS OR RTC MAY GRANT 2 RELIEFS

• If petition sufficient in form and substance SC, CA or RTC SHALL
issue the WRIT OF CONTINUING MANDAMUS which may include a
TEPO
SPECIAL CIRCUMSTANCES THAT WARRANTS ISSUANCE OF
WRIT OF CONTINUING MANDAMUS

When there is unlawful neglect by any agency, instrumentality of the gov’t.

or officer thereof, in the performance of an act that is a duty or there is
unlawful exclusion of another from the use or enjoyment of a right, both in
connection with a right under an environmental law

• No other plain, speedy and adequate remedy in the ordinary course of

law
SPECIAL CIVIL ACTIONS – IMPACT OF THE WRIT OF CONTINUING MANDAMUS

DURING PENDENCY OF THE CASE

• Court may issue a TEPO which is a temporary order effective for 72 hours, but can
be extended until the termination of the case

IMPACT where DENR is the government agency concerned: DENR must perform or desist
from performing the act subject of the case immediately upon receipt of the TEPO and
during the lifetime of the case where the TEPO is extended

AFTER JUDGEMENT
• Court may grant the Writ of Continuing mandamus which may include reliefs such
as requiring respondent to perform an act or series of acts until the judgment is
fully satisfied and to submit periodic reports detailing the progress and execution of
the judgment,
SALIENT PROVISIONS - CRIMINAL PROCEDURE
WHO MAY INITIATE CASE?
• Any offended party, peace officer or any public officer charged with the
enforcement of an environmental law may file a complaint before the proper
officer

• The prosecutor files the information in the proper trial court

TRIAL COURT MAY GRANT 3 KINDS OF RELIEFS

• The provisional remedy of attachment, TEPO and EPO

SPECIAL PROVISION ON AWARD OF DAMAGES

• The damages awarded in cases where there is no private offended party shall
accrue to the funds of the agency charged with the implementation of the
environmental law violated which shall be used for the restoration and
rehabilitation of the environment adversely affected
CRIMINAL PROCEDURE

CUSTODY AND DISPOSITION OF SEIZED ITEMS

• The custody and disposition of seized items shall be in accordance
with the applicable laws or rules promulgated by the concerned
government agency
• In the absence of applicable laws or rules promulgated by the
concerned government agency, the Rules provide the procedure

SLAPP AVAILABLE AS DEFENSE OF ACCUSED

• Upon the filing of an information in court and before arraignment,
the accused may file a motion to dismiss on the ground that the
criminal action is a SLAPP.
EVIDENCE
PRECAUTIONARY PRINCIPLE
• - When there is a lack of full scientific certainty in establishing a causal link between human
activity and environmental effect, the court shall apply the precautionary principle in
resolving the case before it

• The constitutional right of the people to a balanced and healthful ecology shall be given the
benefit of the doubt

DOCUMENTARY EVIDENCE
• Photographs, videos and similar evidence of wildlife, wildlife by-products or derivatives,
forest products or mineral resources subject of a case shall be admissible when
authenticated

• Entries in official records made in the performance of his duty by a public officer or by a
person in performance of a duty specially enjoined by law, are prima facie evidence of the
facts therein stated.
CIVIL PROCEDURE
CIVIL PROCEDURE
Thank you for listening