Environmentally Critical Areas Network (ECAN)
- ECAN implements graded protection and development control across Palawan including forests, mines, agricultural areas, coral reefs, and tribal lands.
- Objectives include conservation of forests, watersheds, biodiversity, tribal cultures, sustainable yield maintenance, protection of endangered species, and facilitating research and tourism.
Palawan Council for Sustainable Development (PCSD) Powers and Functions
- PCSD governs, implements, and directs policies under R.A. 7611.
- Powers include rule-making, enforcement, and penalties within Palawan.
- PCSD regulates exploration, development, conservation, and commercial uses of natural resources.
Related Laws and PCSD Administrative Orders
- R.A. 9147 (Wildlife Resources Conservation) implemented with PCSD as lead agency in Palawan; IRR promulgated for procedural guidelines.
- PCSD Administrative Orders regulate live fish trade (PCSD AO No. 05), SEP clearance system (PCSD AO No. 06), chainsaw use (PCSD AO No. 07), cave protection (PCSD AO No. 08), and mangrove conservation (PCSD AO No. 11).
PCSD Legal Committee and Adjudication
- PCSD Legal Committee exercises quasi-judicial powers for violations of PCSD Administrative Orders.
- Revised Rules of Procedure for administrative adjudication before the PCSD Adjudication Board (PAB) ensures fair, expeditious administrative justice.
Composition and Quorum of the PCSD Adjudication Board
- Chair: Most senior lawyer member of PCSD or designated member if none.
- Vice-Chair: PCSD member, preferably a lawyer.
- Members: PCSD Executive Director, Provincial Prosecutor, and NGO Representative.
- Majority constitutes quorum.
Scope and Construction of the Rules
- Applies to administrative cases on violations of PCSD Administrative Orders related to wildlife, live fish trade, environmental clearance, chainsaws, caves, and mangroves.
- Rules are to be liberally construed to fulfill PCSD Orders' objectives, emphasizing flexibility and avoidance of undue technicality.
- Supplemented by the Rules of Court where appropriate.
- Dilatory motions like motions to dismiss, quash, or new trial are prohibited.
Filing and Complaint Requirements
- Complaints must be written, sworn, and signed; no anonymous complaints.
- Must include complainant/respondent identification, specifications, material facts, and non-forum shopping certification.
- Complaint must be filed with the PCSD ECAN Zones Management and Enforcement Division (EZMED) in seven copies.
- Complaints must have documentary and affidavit support.
Preliminary Evaluation and Investigation
- EZMED evaluates complaints for prima facie evidence; insufficient complaints recommended for dismissal by PAB.
- Summons issued with violation specifics; service via sheriff or authorized persons.
- Proof of service and substituted service rules detailed, including service by publication.
- Respondent required to answer within 15 days; failure deemed waiver of rebuttal rights.
- Reply and rejoinder allowed with supporting affidavits and evidence.
- Preliminary investigation conducted to assess sufficiency of evidence; cases without sufficient cause dismissed.
Preliminary Conference and Hearings
- Preliminary conference for issue simplification, stipulations, amendment needs, evidence marking, and alternative dispute resolution (ADR) options.
- Parties submit position papers limited to defined issues.
- Hearing conducted if cross-examination is necessary; presentations limited to previously submitted affidavits.
- Hearing Officer manages proceedings, controls evidence, and ensures due process.
Decision-Making and Remedies
- Hearing Officer submits report with findings and legal conclusions within 15 days after case submission.
- PAB renders decision within 30 days based on substantial evidence; dissenting opinions allowed.
- Decisions are served on parties.
- Motion for reconsideration allowed within 15 days on grounds of new evidence or errors in fact/law; only one motion per case.
- Appeal from PAB decisions goes directly to PCSD en banc; other appeals treated as motion for reconsideration and denied.
- Decisions become final after 15 days absent motion or appeal.
Execution and Enforcement of Decisions
- Execution issued after decision becomes final; can be stayed or allowed during appeal subject to conditions.
- Enforcement via writ of execution directed to law enforcement agencies.
Filing and Service of Pleadings and Orders
- Judgments, pleadings, motions, and other papers must be filed and served on affected parties.
- Service methods: personal, registered mail, ordinary mail, substituted service if others fail.
- Detailed rules on personal and mail service, proof of service, and timelines for service completeness.
- Priority given to personal service; failure to comply may result in non-acceptance of document.
Miscellaneous Provisions
- Repealing clause voids inconsistent existing rules.
- Separability clause preserves remaining rules if any part declared unconstitutional.
- Rules take effect 15 days after publication and filing with the National Administrative Registrar.
This comprehensive framework aims to protect Palawan's environment and resources through structured administrative adjudication, strict enforcement, and sustainable development policies as mandated by law and PCSD resolutions.