LLDA Circular on Refusal of Entry Penalties

Republic Act No. 9275 (the Philippine Clean Water Act of 2004) provides a legal foundation for penalties for prohibited acts, including Section 28, which fixes the statutory fine range from PHP 10,000.00 to PHP 200,000.00 for every day of violation.
Memorandum Circular No. 2014-03 is amended to implement a stricter enforcement response.
The Circular also references Republic Act No. 4850, as amended, for the ability to institute separate criminal actions.
The Circular cross-references Sections 2 and 3, Rule 7 of BR 192 (2004), which are tied to issuance of a Cease and Desist Order (CDO).
The Circular defines covered “other developmental activities” by reference to LLDA Board Resolution No. 408, Series of 2011.

The guidelines cover inspection, surveillance, investigation, monitoring and other activities conducted by the Authority relating to abatement and control of pollution from point sources and/or imminent and possible sources of pollution.
Coverage includes activities involving industrial, manufacturing, processing, commercial establishments, and other developmental activities as defined in LLDA Board Resolution No. 408, Series of 2011.
“Refusal of Entry” applies to acts that prevent LLDA Inspectors from conducting monitoring, inspection, surveillance, investigation, and other related activities for pollution abatement and control.

LLDA Inspector means any person employed by the Laguna Lake Development Authority who is authorized in writing to conduct monitoring, inspection, surveillance, investigation, and related activities.
Mission Order means a written authorization issued by the General Manager or duly authorized representative ordering the LLDA Inspector to conduct the required monitoring, inspection, surveillance, investigation, and related activities.
Official Vehicle means any four-wheeled motor vehicle owned by and/or registered with the Authority used to transport LLDA Inspectors to and from establishments subject to inspection and related activities.
Refusal of Entry means acts that prevent LLDA Inspectors from conducting monitoring, inspection, surveillance, investigation, and other related activities for pollution abatement and control, involving point sources and/or imminent and possible sources.

Certain acts by the officer, staff, representative, or agent of an establishment subject to inspection, investigation, surveillance, and monitoring are treated as prima facie evidence of Refusal of Entry.
The following constitute prima facie evidence:
- Failure to provide LLDA Inspector/s immediate ingress to the premises within 30 minutes after the purpose of the visit is announced by the inspector/s to the security personnel on duty and/or the PCO, as the case may be.
- Causing or committing acts against LLDA inspector/s that delay or impede compliance monitoring, inspection, investigation, surveillance, monitoring, and other related activities.
- Other analogous circumstances.
The establishment acts evidencing refusal must be reported using a prescribed form.
The reporting form must indicate the name and designation of the officer, staff, representative, or agent of the establishment, with the corresponding signature affixed.
If the person refuses to sign, the LLDA Inspector must state “Refusal to Sign” in the form, and the report must be forwarded within 3 working days to the Legal and Adjudication Division for appropriate action.

LLDA Inspectors must comply with minimum occupational, safety, and health requirements, including wearing the prescribed personal protective equipment during monitoring, inspection, surveillance, investigation, and other related activities.
LLDA Inspectors must use an LLDA official vehicle during the visit.
LLDA Inspectors must inform the officer, staff, representative, or agent of the establishment of the reason of the visit.
LLDA Inspectors must present valid LLDA ID and Mission Order.

A valid ground for refusal of entry exists when:
- LLDA inspector/s fail to comply with minimum personal protective equipment requirements or other requirements that conditions may warrant.
- There is no valid LLDA ID and Mission Order.
- LLDA inspectors do not use an LLDA official vehicle during the visit.

Refusal of entry is punished through the imposition of an administrative fine or penalty as follows:
- First offense: Fine of PHP 25,000.00.
- Second offense: issuance of an Ex-parte Cease and Desist Order (CDO).
The penalty scheme does not prevent the Authority from instituting separate criminal action(s) against violators under Republic Act No. 4850, as amended.

Any existing circulars, orders, and other related issuances inconsistent with the Circular are deemed revoked and repealed.
If any portion or provision is declared unconstitutional or invalid, the remaining portions not affected remain in full force and effect.
The amended Circular takes effect after 30 calendar days from publication in a newspaper of general circulation and registration with the Office of the National Register, UP Law Center.