Question & AnswerQ&A (PCSD Resolution NO. 10-396)
The rules are known as the Revised PAB (PCSD Adjudication Board) Rules of Procedure.
The PAB is composed of the Chairperson (most senior lawyer-member of PCSD), Vice-Chairperson (preferably a lawyer member of PCSD), PCSDS Executive Director, the Provincial Prosecutor, and the NGO Representative in PCSD.
RA 7611 establishes the Strategic Environmental Plan (SEP) for Palawan, which guides government agencies in formulating plans, programs, and projects affecting Palawan's environment and natural resources, promoting sustainable development and conservation.
They apply to administrative cases or proceedings for violations of PCSD Administrative Orders like those on Wildlife, Live Fish, SEP Clearance System, Chainsaw, Caves, and Mangrove conservation.
The general philosophy is sustainable development aimed at improving quality of life for present and future generations through development and conservation activities that protect ecosystems and rehabilitate exploited areas.
ECAN is a graded protection and development control system covering all of Palawan, including tribal lands, forests, agricultural areas, reefs, mangroves, to ensure conservation and protection of natural resources and habitats.
PCSD can adopt, amend, rescind rules and impose penalties for implementing SEP law, enforce related laws, and perform functions promoting development, conservation, management, protection, and utilization of Palawan's natural resources.
A complaint must be written, subscribed, sworn to by the complainant, specify allegations and parties, include non-forum shopping certification, and provide copies of supporting documents and affidavits. Anonymous complaints are not entertained.
Motions to dismiss or quash, bill of particulars, new trial or reopening of trial, and other dilatory motions are not allowed in cases governed by these Rules.
The respondent must file a written answer within fifteen (15) days from receipt of the summons.
Failure to file an answer is deemed a waiver of the right to present evidence or refute allegations, and the case proceeds immediately to preliminary conference.
The Board conducts preliminary evaluation, orders summons, sets preliminary conferences, conducts hearings if necessary, evaluates evidence, and renders decisions based on substantial evidence.
The PAB shall render its decision not later than thirty (30) days after the case is submitted for resolution.
A motion for reconsideration may be filed within fifteen (15) days on grounds of new evidence or error of fact or law. An appeal may be taken directly to the PCSD en banc thereafter.
The decision becomes final and executory fifteen (15) days after official receipt by the adversely affected party unless a motion for reconsideration or appeal is filed within that period.
Yes, the PAB may allow execution pending appeal at its discretion, especially if the appeal is patently dilatory. The execution may be stayed upon filing of bond.
Served personally, by registered mail, ordinary mail if registry service unavailable, or through substituted service if the party's office and residence are unknown.
It is preferred that parties be represented by counsel who are members of the Bar, but parties may appear without counsel if they choose.
It evaluates all projects based on ECAN zoning and their ecological sustainability, social acceptability, and economic viability to ensure environmental protection in Palawan.