Rules on Procedures Before NWRB

Key terms defined include "Code" (Water Code), "Board" (NWRB), "Act" (Commonwealth Act 146), "Chairman," "En Banc" (hearing by at least 6 regular members), and "Hearing Officer" (designated attorneys/investigators).

The person initiating a case is "Complainant/Protestant"; the opposing party is "Respondent/Protestee."

Action commences on filing complaint/protest with payment of docket fee, unless initiated by NWRB motu proprio.
Captioning rules specify party names and formats for cases initiated by parties and by the Board.
Complaints must be written, sworn, and include details such as parties’ names, complaint substance, grounds, facts, relief sought, and witnesses.
Protests against water permit applications on adverse effects grounds entertained only if protestant is a water permittee.
Filing allowed at the Board or designated regional offices depending on the nature of the case.
Docket fee is PHP 200 unless for pauper litigants; payment and docketing procedures prescribed.
Cases raffled and assigned to Hearing Officers; provisions for self-inhibition and reassignment.
Respondents must answer within 10 days, default leads to ex-parte proceedings.
Withdrawal of complaint does not automatically dismiss case; Board may continue proceedings if public interest requires.

Held after respondent's answer; aims at possible settlement, issue simplification, pleadings amendment, fact stipulations, document admissibility, witness limitation, and other procedural matters.
Informal, settlement-focused approach with written settlement agreements requiring Board report; non-binding if law violation appears.
Failure to appear may result in nonsuit or default.
If only legal questions are involved, judgment may be rendered on pleadings and evidence without further hearing.

Hearing Officer has authority to control proceedings, administer oaths, issue subpoenas, rule on motions, conduct physical inspections with notice, hold ex-parte hearings, and cite for contempt.
Venue normally at controversy location but subject to Hearing Officer or Executive Director discretion.
Presentation of evidence starts with complainant or Board; cross-examination limited to relevant matters.
Interlocutory orders are not appealable.
Compromise offers to pay fines in lieu of permit suspension may be accepted under certain conditions.
Interested parties may intervene by motion prior to order or decision.
Memoranda or position papers may be submitted within 10 days after hearing.
Hearing Officer reports findings and recommendations within 30 days après hearing.
Board may consolidate cases involving common questions; separate hearings possible on peculiar issues.

Motions must be in writing unless orally made during hearings; served on parties 3 working days before hearing.
Postponements allowed for valid reasons, with limits on number of postponements per party and per case.
Ex-parte motions allowed only on urgent necessity without impairing opposing party's rights and must be served on opposing party.

Pleadings and documents filed with the Board must conform to formal requirements.
Service on parties must be by personal delivery or registered mail with proof.
Service to counsel if party represented.
Board decisions served personally or by registered mail, with acknowledgments; refusal to accept is noted.
Board may extend filing deadlines for good cause.

Water permit applications governed by consistent implementing rules.
Applications for certificates of public convenience and other authorizations require filing and fees.
Notice of hearings issued and published in newspapers; applicants serve affected parties.

Issued by Board upon official report or credible sworn statement when public interest requires immediate action.
Applies in cases of death, injury, fraud, willful noncompliance.
Respondent shall appear within 10 days to show cause.
Non-appearance leads to contempt proceedings or case resolution based on available evidence.
May result in cease and desist orders.

Decided by majority of present regular members.
Written decisions state findings of fact, issues, conclusions of law, and relief granted.
Decision period is 60 days; certification required if delayed.
Immediate executory effect subject to bond or court stay.
Finality after 15 days if no appeal.
Executed with assistance from police agencies.
Compilation and publication of final decisions mandated.

Appeal to Regional Trial Court where subject matter is located.
Petition for reconsideration or appeal filed within 15 days of decision receipt.
Grounds include fraud, newly discovered evidence, and palpable error.
Opposition may be filed; only one motion for reconsideration allowed.