QuestionsQuestions (PCSD Resolution NO. 10-396)
The resolution cites R.A. 7611 (SEP for Palawan) as the framework for ECAN and that governance/policy direction is exercised by the PCSD; it also relies on PCSD’s power under R.A. 7611 to adopt/amend rules and impose penalties. It further references the wildlife, chainsaw, caves, mangrove, and SEP clearance-related laws and corresponding PCSD administrative orders as covered matters.
It states the rules shall be known as the 'Revised PAB Rules of Procedure' and apply to administrative cases/ proceedings for violations of PCSD-adopted administrative orders, including but not limited to those on wildlife, live fish, SEP clearance system, chainsaw, caves, and mangroves.
The PAB consists of: (1) Chairperson—the most senior lawyer-member of the PCSD; (2) Vice-Chairperson—any PCSD member, preferably a lawyer; and members: (i) the PCSD Executive Director, (ii) the Provincial Prosecutor, and (iii) the NGO Representative in the PCSD. It also authorizes designation of substitute members if lawyer-members or other members are absent/expired/incapacitated.
The majority of the PAB members constitutes quorum.
They shall be liberally construed to carry out the objectives of PCSD Administrative Orders, with proper flexibility and avoidance of undue technicality to bring forth the truth and mete out justice fairly and expeditiously.
The Rules of Court apply in a suppletory character to the PAB rules in the interest of justice and whenever practicable and convenient.
No motion to dismiss, motion to quash, motion for bill of particulars, motion for new trial or reopening of trial, and other dilatory motions are allowed.
It must be in writing, subscribed and sworn to by the complainant; no anonymous complaint is entertained; and it must contain the ultimate facts/required contents. If any required element is missing, the complaint shall be dismissed (with an allowance for identification via assumed name only if respondent cannot be identified).
The complaint must include: (1) full name and address of complainant; (2) full name and address of respondent; (3) specification of charges; (4) statement of material facts; (5) certification/statement of non-forum shopping; and it must include copies of documents and affidavits of witnesses, if any.
Any person with personal knowledge of facts and circumstances constituting violation(s) of PCSD administrative orders may file a complaint.
It is filed through the PCSD ECAN Zones Management and Enforcement Division (EZMED/Legal Division). All complaints filed through EZMED are assigned a docket number for reference.
Seven (7) copies must be filed. If the number of respondents is more than one, additional copies equivalent to the number of respondents are required.
EZMED first evaluates whether the complaint presents substantial evidence to warrant a prima facie case. If the complaint is not under oath, EZMED must first require the complainant to subscribe it under oath. If no prima facie case appears on its face, EZMED recommends outright dismissal for lack of substantial evidence.
The respondent must file a written answer within fifteen (15) days from receipt of summons. Defenses not in the answer are deemed waived. If the respondent fails to answer despite due notice, the right to present evidence or refute allegations for purposes of preliminary investigation is deemed waived and the case is immediately endorsed for preliminary conference.
The summons must state the parties’ names, the specific alleged violation(s) or provisions allegedly violated, the applicable penalty, and direct the respondent to answer within the time fixed; it must warn that failure to answer is a waiver and that preliminary investigation will proceed based only on complainant’s submitted documents.
No. Any evidence not presented and identified during the preliminary conference shall not be admitted in subsequent proceedings.
No. Hearings are conducted without necessarily adhering strictly to the technical rules of procedure and evidence applicable to judicial proceedings.
It must be filed within fifteen (15) days from receipt of the resolution on grounds of newly discovered evidence that materially affects the decision, or errors of fact and/or law or irregularities prejudicial to the movant. Only one motion is allowed.
It should be taken directly to the PCSD en banc. Any pleading captioned as an 'appeal' but referencing 'PCSD Adjudication Board' is treated as a second motion for reconsideration (if a first one was filed) and is denied outright.
It becomes final and executory fifteen (15) days after official receipt of a copy by the adversely affected party or counsel, unless within that period a motion for reconsideration is filed or an appeal is perfected.