QuestionsQuestions (Republic Act No. 9085)
To amend LLDA Memorandum Circular No. 2014-03 by defining “refusal of entry” more strictly and imposing higher penalties to discourage establishments from preventing LLDA inspectors from conducting monitoring and inspection activities.
It is anchored on the enforcement need due to increasing incidents of establishments refusing LLDA entry, which are perceived as not sufficiently discouraging; it also cites the Philippine Clean Water Act (R.A. 9275) on penalties for prohibited acts.
Section 28 of Republic Act No. 9275 (Philippine Clean Water Act of 2004), which provides a fine range not less than P10,000 and not more than P200,000 for every day of violation.
Inspection, surveillance, investigation, monitoring, and other activities of LLDA relating to abatement and control of pollution from point sources and/or imminent/possible sources, including industrial, manufacturing, processing, commercial establishments, and other developmental activities.
LLDA Inspectors are persons employed by LLDA and authorized in writing to conduct monitoring, inspection, surveillance, investigation, and related activities.
A written authorization issued by the General Manager or the duly authorized representative ordering the LLDA Inspector to conduct the relevant monitoring, inspection, surveillance, investigation, and other related activities.
Acts that prevent LLDA Inspectors from conducting monitoring, inspection, surveillance, investigation, and other related activities for pollution abatement and control, including from point sources and/or imminent and possible sources.
It states that commissioning any of the enumerated acts listed under Section 3 constitutes prima facie evidence of refusal of entry.
Within thirty (30) minutes after the purpose of the visit has been announced to the security personnel on duty and/or the PCO (as applicable).
(a) Failure to provide immediate ingress within 30 minutes after announcement; (b) causing/committing acts against LLDA inspectors that delay or impede compliance monitoring/inspection/investigation/surveillance/monitoring; (c) other analogous circumstances.
The inspector must indicate “Refusal to Sign” in the form and then forward the report within three (3) working days to the Legal and Adjudication Division for appropriate action.
Failure of LLDA inspectors to comply with minimum personal protective equipment requirements or other conditions as warranted; lack of valid LLDA ID and Mission Order; and not using LLDA official vehicle during the visit.
First offense: fine of P25,000.00. Second offense: issuance of an ex-parte Cease and Desist Order (CDO).
No. It expressly states that nothing in the guidelines precludes LLDA from instituting separate criminal actions provided for under R.A. 4850, as amended.
It takes effect 30 calendar days after publication in a newspaper of general circulation and registration with the Office of the National Register, UP Law Center.