QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 2005-18)
The Order adopts ADR principles and procedures in resolving appropriate environment and natural resources conflicts to promote party autonomy, achieve speedy and impartial justice, and de-clog DENR dockets, consistent with the Constitution and RA 9285 (ADR Act).
It adopts the ADR Act’s meaning: any dispute resolution process other than court adjudication where a neutral third party assists, including arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.
DENR bureaus, attached agencies, and regional offices must inventory existing and future dispute types and identify those potentially subject to ADR; the Oversight Committee further determines ADR appropriateness in certain instances.
To facilitate environmental dispute resolution through ADR by (1) enabling mutually acceptable solutions for appropriate cases and (2) minimizing the number of matters requiring formal administrative or judicial resolution, improving public confidence in DENR.
Examples include: (a) conflicts in applicable regulations requiring resolution by a higher authority; (b) cases requiring a policy change; (c) cases involving criminal liability; (d) cases involving jurisdiction of DENR or the courts; and (e) administrative cases against DENR officials and employees. Also excluded: matters that by law cannot be compromised.
Because jurisdictional issues are legal determinations that cannot be resolved through ADR processes the same way as factual or disputable matters between parties; ADR cannot substitute for determinations of authority conferred by law.
Disputes that have assumed national significance, involve national officials, reached national media attention, or arise as a direct outcome of Presidential directives must be referred to the Oversight Committee to determine whether ADR is appropriate.
It recognizes freedom of parties to make arrangements to resolve their disputes, including traditional or customary modes, as long as such arrangements are not contrary to law.
Yes. DENR may take the mutually acceptable solution as basis for decisions or orders, provided it is not contrary to law, without prejudice to the rights of non-parties to the settlement.
They must adopt ADR principles consistent with relevant laws in current conflict-resolution procedures, and where appropriate, adapt an ADR system under the ADR Act, including creating or modifying their procedural rules for hearing cases.
The Panel of Arbitrators, the Mines Adjudication Board, and the Pollution Adjudication Board.
It requires comprehensive and continuing ADR training for involved personnel, with customization per sector (e.g., EIA system, mining disputes, pollution cases) and coordination among DENR units and support for a Department-wide ADR Training and Development Program.
The Undersecretary for Management and Technical Services.
Each bureau, attached agency, and regional office (and the DENR Legal Division) must identify and designate an ADR Focal Point to coordinate ADR activities and report to the Oversight Committee.
It is to develop, operate, and maintain a database of ADR case studies (with confidential information protections), regularly updated and included on DENR’s website to ensure timeliness and accuracy.
It consists of: the Undersecretary for Management and Technical Services (Chair), Assistant Secretaries for Legal Services and for Foreign-Assisted and Special Projects, and Bureau Directors/Heads of Attached Agencies. It implements and administers the ADR program and is not an appellate body for review of decisions or agreements (though it has an advisory role).
No. The Order states it primarily serves as administrator and implementer, not as an appellate body for review of decisions or agreements, while preserving its advisory role described in Section 5.
DENR officials must maintain transparency, accountability, participation, and due diligence. In appropriate cases when parties agree, NGO representatives, affected industries, and community leaders may be invited as observers, and they may submit reports to the responsible ADR office.
ADR Focal Points must submit quarterly reports to the Oversight Committee; the Oversight Committee consolidates reports and submits a report to the Secretary. The Public Affairs Office must provide timely announcements and summary reports of ADR activities to media and the public.