Revised PCSD Admin Case Procedures

Effectivity and publication requirements

Section 48 provides that the resolution takes effect fifteen (15) days following its publication in a newspaper of general circulation.
Section 48 also requires filing with the Office of the National Administrative Registrar at the UP Law Center, Quezon City, Philippines as a condition for effectivity.

Policy, purpose, and governing framework

The resolution is anchored on R.A. No. 7611, the Strategic Environmental Plan (SEP) for Palawan, which sets the framework guiding government plans, programs, and projects affecting Palawan’s environment and natural resources.
The resolution recognizes R.A. No. 7611 as declaring State policy to protect, develop, and conserve natural resources while pursuing socioeconomic development goals.
The resolution cites R.A. No. 7611 as establishing ECAN (Environmentally Critical Areas Network) as a graded protection and development control system for the whole of Palawan, including various environment and land categories.
The resolution states that SEP governance and policy direction are exercised by the Palawan Council for Sustainable Development (PCSD).
The resolution justifies adoption of revised PAB procedures to promote a more expeditious, fair and orderly administration of administrative justice.

Coverage and scope of disputes

Section 4 provides that the rules apply to administrative cases or proceedings for violations of Administrative Orders duly adopted by PCSD.
Section 4 identifies covered Administrative Orders including, among others:
- Joint DENR-DA-PCSD Administrative Order No. 01 (Wildlife)
- PCSD Administrative Order No. 05, as amended (Live Fish)
- PCSD Administrative Order No. 06, as amended (SEP Clearance System)
- PCSD Administrative Order No. 07, as amended (Chainsaw)
- PCSD Administrative Order No. 08 (Caves)
- PCSD Administrative Order No. 11 (Mangrove)
Section 5 requires liberal construction of the rules to carry out the objectives of PCSD Administrative Orders, with proper flexibility and avoidance of undue technicality to bring forth truth and meting out justice fairly and expeditiously.
Section 6 makes the Rules of Court applicable suppletorily in the interest of justice and whenever practicable and convenient.

PAB composition, quorum, and construction rules

Section 2 establishes that the PCSD Adjudication Board (PAB) is composed of:
- Chairperson: the most senior lawyer-member of the PCSD
- Vice-Chairperson: any PCSD member, preferably a lawyer
- Members:
  - the PCSDS Executive Director
  - the Provincial Prosecutor
  - the NGO Representative in the PCSD
Section 2 provides that if there is no lawyer-member in the PCSD, the Council designates any member of good standing and reputation as Chairman.
Section 2 authorizes the Board Chairman to designate replacement members of good standing and reputation if memberships expire, are vacated, or become incapacitated, until successors are admitted.
Section 3 requires a majority of members to constitute quorum for the Board to do business.
Section 7 prohibits specified dilatory motions in cases covered by the rules, including:
- motion to dismiss
- motion to quash
- motion for bill of particulars
- motion for new trial
- motion for reopening of trial
- such other dilatory motions
Section 1 states the rules are known as the Revised PAB Rules of Procedure.

Prohibited and allowed pleadings; complaint requirements

Section 8 prefers representation by a counsel who is a member of the Bar, but allows parties to appear without counsel if they so desire.
Section 8 provides that any confession or admission of guilt made without the presence and assistance of counsel may not be used against the party in any criminal action.
Section 9 requires that no complaint be given due course unless it is in writing, subscribed, and sworn by the complainant.
Section 9 bars anonymous complaints from being entertained.
Section 10 requires the complaint to contain ultimate facts and include:
- full name and address of the complainant
- full name and address of the person complained of
- specification of the charges
- statement of the material facts
- certification or statement of non-forum shopping
Section 10 mandates dismissal if the complaint lacks any of the listed requirements, except it allows use of an assumed name if the respondent cannot be identified by name.
Section 10 requires a respondent identified by assumed name to provide the true name to participate; the complaint is considered amended accordingly.
Section 10 requires inclusion of copies of documents and affidavits of witnesses (if any) supporting the complaint.
Section 11 allows any person with personal knowledge of facts constituting violation(s) of PCSD Administrative Orders to file a complaint.
Section 12 requires filing through PCSDS ECAN Zones Management and Enforcement Division (EZMED) (Legal Division).
Section 13 requires submission of seven (7) copies of the complaint and supporting documents, with additional copies equal to the number of respondents if there is more than one respondent.
Section 14 directs docketing: all complaints filed through EZMED are assigned a docket number for reference.

Preliminary evaluation and preliminary investigation process

Section 15 requires EZMED, upon receipt of the complaint, to evaluate it and proceed with administrative adjudication such as issuance of summons if the complaint presents substantial evidence establishing a prima facie case.
Section 15 requires EZMED to ensure the complaint is sufficient in form and substance.
Section 15 requires that if the complaint is not under oath, EZMED must first require the complainant to subscribe it under oath.
Section 15 requires submission, on the immediately upcoming PAB meeting, of an evaluation report including:
- a statement as to the form and substance of the complaint
- a recommendation to dismiss outright for lack of a prima facie case, meaning the complaint on its face presents no substantial evidence
Section 16 provides that if the PAB approves the dismissal recommendation for lack of a prima facie case, the PAB issues the corresponding Decision.
Section 17 requires EZMED to issue summons to respondents attaching a copy of the complaint and supporting documents (if any).
Section 17 requires summons to state:
- names of parties
- specific alleged violation(s) and the specific provision of rules/order allegedly violated
- applicable penalty
- direction to answer within the time fixed by the rules
- warning that failure to answer constitutes waiver of the right to refute allegations and preliminary investigation proceeds based only on the complainant’s submitted documents
Section 17 sets service timing and return:
- proof of service must be returned to EZMED within five (5) days after completion, with proof of service
Section 17 allows service by sheriff, deputy, or other proper court officer, or for justifiable reasons by any suitable person authorized by the court issuing the summons.
Section 17 allows substituted service where personal service cannot be made within reasonable time in person through either:
- leaving copies at the defendant’s residence with some person of suitable age and discretion then residing therein; or
- leaving copies at the defendant’s office or regular place of business with a competent person in charge thereof
Section 17 allows publication service by leave of court when the respondent is an unknown owner, or whereabouts are unknown and cannot be ascertained by diligent inquiry.
Section 18 requires proof of service to be in writing by the server, stating the manner, place, and date of service, specifying papers served, and naming the recipient; it must be sworn if made by someone other than a sheriff or deputy.
Section 18 allows proof of publication service by affidavits of the printer/foreman/principal clerk or editor/business/advertising manager, attaching a copy of the publication, plus an affidavit showing deposit of a copy with post office, prepaid, directed to the defendant by registered mail to last known address.
Section 19 provides that the respondent’s voluntary appearance is equivalent to service of summons.

Answer, reply, and preliminary investigation

Section 20 requires the respondent to file an answer within fifteen (15) days from receipt of summons.
Section 20 requires the answer to be in writing and contain all material facts and applicable laws, with legible copies of documentary evidence and sworn statements of witnesses.
Section 20 deems defenses not contained in the answer waived.
Section 20 provides that the respondent’s answer and sworn witness statements constitute the respondent’s direct testimony.
Section 20 requires furnishing the complainant a copy of the answer and supporting documents, with service of such copy required as a prerequisite prior to or simultaneous with filing with EZMED; service must be by registered mail if personal service cannot be effected.
Section 21 provides that failure to file an answer within the prescribed period despite due notice results in waiver of the right to present evidence or refute allegations for preliminary investigation, and the case is indorsed for preliminary conference.
Section 22 allows the complainant to opt to file a Reply within ten (10) days from receipt of the answer to rebut matters in the answer.
Section 22 requires the respondent’s Rejoinder on matters alleged in the Reply within ten (10) days from receipt of the Reply.
Section 22 requires Reply and Rejoinder to include affidavits of witnesses and documentary and other evidence in support, if any.
Section 23 provides that based on pleadings, documents, and evidence submitted by the parties (except under Section 18), the designated Hearing Officer may call parties to a preliminary investigation to weigh sufficiency of evidence.
Section 23 allows dispensation of preliminary investigation if pleadings, documents, and evidence already suffice for determination of the weight of proof.
Section 23 requires that if the Hearing Officer finds sufficient cause, the case proceeds to subsequent rules (including preliminary conference).
Section 23 requires that if the Hearing Officer finds no sufficient cause—evidence of respondent is given more credence—the Hearing Officer recommends dismissal; if PAB approves, PAB issues the corresponding Decision, otherwise the case is set for preliminary conference.

Preliminary conference and hearing rules

Section 24 requires the Hearing Officer, upon receipt of the respondent’s answer, to set the case for preliminary conference before the PAB.
Section 24 directs preliminary conference to cover:
- admission or stipulation of facts and documents
- simplification of issues
- necessity/desirability of amendment to pleadings
- identification and marking of evidence
- other matters aiding prompt and just resolution
Section 24 directs inquiry on whether parties are amenable to resolving based on complaint, answer, evidence on record, and submissions during or after preliminary conference (including pleadings, position paper, or memorandum).
Section 24 directs inquiry on the need for clarificatory hearings or dispensing with cross-examination of the complainant, respondent, or their witnesses.
Section 24 requires setting hearing dates and exploring amenability to submission to the PCSDS Alternative Dispute Resolution System, while recognizing that parties may submit at any stage from filing of the administrative complaint until before submission for decision.
Section 24 requires exclusion of evidence not presented and identified during preliminary conference from admission in subsequent proceedings.
Section 24 allows assignment of preliminary conference to the same or another Hearing Officer.
Section 25 requires that after preliminary conference, the PAB issues an order stating matters taken up, admissions made, and issues for resolution.
Section 25 requires simultaneous submission of position papers within ten (15) days from receipt of the order, limited to discussion of issues defined in the order.
Section 26 directs that after submission of position papers, the PAB determines necessity of a hearing for cross-examination of affiants.
Section 26 provides that if no hearing is needed, the PAB issues an order stating the basis and the case is deemed submitted for decision automatically.
Section 26 provides that if hearing is necessary, the case is set for hearing; affidavits of the parties and witnesses take the place of direct testimony.
Section 26 limits witnesses in hearings to those who submitted affidavits on or before preliminary conference or the specified date.
Section 26 provides that an affidavit constitutes direct testimony subject to cross-examination by the other party.
Section 26 restricts cross-examination to relevant, pertinent, material questions necessary to enlighten the PAB.
Section 26 requires hearings to be conducted without necessarily adhering strictly to technical rules of procedure and evidence applicable to judicial proceedings.
Section 27 requires the designated Hearing Officer to personally conduct the conference and/or hearings, determine order of evidence subject to due process, and control proceedings.
Section 27 requires the Hearing Officer to examine parties and witnesses, ask questions only for clarifying points of law or fact, and limit evidence to matters relevant and necessary for a just and speedy disposition.

Decisions, reconsideration, appeal, finality

Section 28 requires a hearing officer’s report within fifteen (15) days after issuance of an order declaring the case submitted for resolution.
Section 28 requires the report to contain clearly and distinctly findings of facts and conclusions of law on which it is based.
Section 29 requires the PAB to render its decision no later than thirty (30) days from submission for resolution.
Section 29 requires all PAB decisions to be approved and signed by the Chairman and all PAB members.
Section 29 provides that a decision must be based on substantial evidence—the relevant evidence a reasonable mind might accept as adequate to justify a conclusion.
Section 29 authorizes dissenting opinion by any member of the hearing committee or Board, stating reasons, which must be attached to the majority decision.
Section 30 requires the PAB to serve true copies of its resolution upon the parties.
Section 31 allows motion for reconsideration only if filed within fifteen (15) days from receipt of the resolution by the parties on the grounds that:
- new evidence has been discovered that materially affects the decision; or
- errors of facts and/or of law or irregularities prejudicial to the interest of the movant were committed
Section 31 limits motions for reconsideration to one (1) motion only.
Section 31 requires EZMED to forward the motion for reconsideration to the PAB for resolution.
Section 31 provides that filing a motion for reconsideration suspends or stops the running of the appeal period, and the remainder begins to run from receipt by the movant of the denial.
Section 32 requires appeals from the PAB resolution to be taken directly to the PCSD en banc.
Section 32 provides that a pleading captioned as an “appeal” but containing “PCSD Adjudication Board” in the caption is treated as a second motion for reconsideration (if a first one was filed) and is denied outright.
Section 33 provides that the PAB decision becomes final and executory fifteen (15) days after official receipt of the copy by the adversely affected party or counsel, unless a motion for reconsideration is filed or an appeal is perfected.

Execution and enforcement of decisions

Section 34 provides execution issues after the PAB decision becomes final and executory.
Section 34 allows execution pending appeal in the PAB’s sound discretion, including when the appeal is patently dilatory.
Section 34 allows the losing party to stay execution pending appeal by filing a bond in a reasonable amount fixed by the PAB.
Section 34 provides that the appeal does not stay the resolution sought to be reviewed unless the Court of Appeals directs otherwise on just terms it deems fit.
Section 35 requires enforcement through a writ of execution which may be directed to any law enforcement agency by the PAB.

Filing and service of pleadings, orders, judgments

Section 36 requires filing and service of every judgment, resolution, order, pleading after the complaint, written motion, notice, appearance, demand, offer of judgment, or similar papers on affected parties.
Section 37 allows service of pleadings, motions, notices, orders, judgments, and other papers either personally or by mail.
Section 38 provides rules for personal service, including leaving copies at the party’s or counsel’s office with a clerk or person in charge, or if no person is found or no office exists, leaving copies between eight in the morning and six in the evening at residence with a person of sufficient age and discretion residing therein.
Section 39 provides service by registered mail by depositing in the post office in a sealed envelope plainly addressed to the party/counsel at office if known, otherwise at residence if known, with postage fully prepaid and instructions to return undelivered mail after ten (10) days.
Section 39 provides that if registry service is unavailable in the locality, service may be done by ordinary mail.
Section 40 allows substituted service by delivering the copy to the clerk of court with proof of failure of both personal service and service by mail; service is complete at the time of delivery.
Section 41 requires service of judgments, final orders, or resolutions either personally or by registered mail, and when the party summoned by publication fails to appear, service is also by publication at the expense of the prevailing party.
Section 42 provides service completion rules:
- personal service is complete upon actual delivery
- ordinary mail is complete upon expiration of ten (10) days after mailing unless court provides otherwise
- registered mail is complete upon actual receipt, or after five (5) days from the date the addressee received the first postmaster notice, whichever is earlier
Section 43 requires, whenever practicable, personal service and filing; other modes require a written explanation why personal service or filing was not done (except papers emanating from the court), and violation may cause the paper to be considered not filed.
Section 44 provides proof of filing through existence in the record; if not in the record but claimed personally filed, proof is the clerk’s acknowledgment on the same copy; if filed by registered mail, proof includes registry receipt and affidavit detailing date/place of mailing in a sealed envelope addressed to the court with postage fully prepaid and instructions to return after ten (10) days if not delivered.
Section 45 provides proof of service:
- personal service is proven by written admission, official server return, or server affidavit detailing date, place, and manner of service
- ordinary mail proof is by affidavit of person mailing with compliance facts
- registered mail proof is by affidavit plus registry receipt; the registry return card must be filed immediately or replaced by the unclaimed letter plus certified/sworn copy of notice by postmaster to addressee.

Repeal, separability, and procedural supremacy

Section 46 repeals, amends, or modifies all existing rules, regulations, orders, circulars, or parts inconsistent with these rules.
Section 47 provides separability: if any part is declared unconstitutional or illegal, the remaining parts remain valid.