Question & AnswerQ&A (PAB Resolution NO. 01, S. 2010)
The rules are known as the Revised Rules of the Pollution Adjudication Board on Pleading, Practice and Procedure in Pollution Cases.
These Rules apply to all pollution cases involving violations of pollution control laws and environmental laws cognizable by the PAB for adjudication pursuant to RA 8749, RA 9275, PD 1586, RA 6969, and RA 9003, and related implementing rules and regulations.
Proceedings are summary in nature, not bound by the technical rules of evidence of courts, and the Rules of Court apply only by analogy or supplementarily when applicable.
A CDO is a formal demand immediately directing a person, facility, or business entity to stop or refrain from doing an act or continuing an activity that violates environmental laws, such as operating a particular machine or process unlawfully.
The PAB has exclusive jurisdiction over adjudication of pollution cases and the imposition of administrative sanctions including fines, closure, suspension, or cessation of operations of violators under applicable laws.
A TLO is an order issued by the PAB that provisionally sets aside the effect of a CDO, allowing limited operations of a facility or business for a specific purpose or limited period after satisfactory compliance with conditions.
Any person, party, or entity with interest in the subject of the action may be parties; the initiator is the complainant and the one against whom the complaint is filed is the respondent.
The PAB can impose fines, order closure or suspension of stationary sources, recommend criminal charges, revoke permits, and enforce measures to abate pollution in accordance with these laws.
The PAB admits evidence commonly accepted by a prudent person; all relevant documents are deemed admitted; documentary evidence can be copies if originals are unavailable; parties may present rebuttal evidence; and the PAB may notice judicially cognizable or technical facts with parties' opportunity to contest.
The PAB or Regional Office may deem the case submitted for resolution and issue decisions reinstating the CDO and imposing fines or forfeiture of bonds.
It becomes final and executory 15 days after receipt by the adversely affected party, unless a motion for reconsideration or appeal is filed within that period.
The PAB may summarily punish direct contempt by a fine not exceeding two thousand pesos or imprisonment not exceeding ten days, or both.
Yes, appeals can be taken following Rule 43 of the Revised Rules of Court but such appeal does not stay the execution of the order or decision.
Pollution means any alteration of physical, chemical, or biological properties of water, air, or land that is likely to make them harmful to public health or safety or adversely affect their legitimate uses.