TRANSCRIPT

Exception to the jurisdiction of the PAB cases within the purview of the Laguna Lake area, which fall
under the exclusive jurisdiction of the LLDA; and navigable waters which fall under the jurisdiction of
Phil. Coast Guard
Recommend to the DENR Secretary to order the Local Water District or private water supply to
disconnect the water service of the violators
Aking tinutukoy POLUSYONG TUBIG, LUPA, AT HANGIN
Pag di napigilaý, kalikasan unti-unting papatayin
Proceedings
I. Initiation
a. Filing of the Complaint
i. Pollution Adjudication Board; or
ii. DENR Regional Office (Provincial/Community Environment and Natural Resources Office)
b. Investigation
i. Inspection and Sampling
II. Adjudication
a. Report and Notice of Violation
b. Technical Conference (Public Hearing) and Submission of Position Paper
c. Issuance of Cease and Desist Order
d. Inspection and Sampling
III. Implementation
a. Compliant
i. Computation of Fine(s)
- Staggered Payment Scheme on Meritorious Grounds
- Issuance of a provisional Certificate of Compliance
b. Non-Compliant
i. Cease and Desist Order
CONSTITUTIONAL BASIS
Revoke or suspend a discharge permit
The Pollution Adjudication Board (PAB) is a QUASI-JUDICIAL BODY attached to the Department of
Environment and Natural Resources (DENR). It assumed the powers and functions of the National
Pollution Control Commission on the adjudication of POLLUTION CASES.
This Act shall apply to water quality management in all water bodies, that it shall apply to the
abatement and control of pollution from land based sources, and that the water quality standards and
regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of
sources of pollution.
-Sec. 3, Art. I of RA 9275
POLLUTION ADJUDICATION BOARD (PAB)
Ngayong umaga, ang ating talakayan
Nakasentro muna sa MARUMING usapan
Emission - means any air contaminant, pollutant, gas stream or unwanted sound from a known
source which is passed into the atmosphere.
Article XII of the 1987 Constitution also defines and lays downs the parameters on the exploration,
development, and utilization of natural resources.
Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the
water
An Act providing for a Comprehensive Water Quality Management and for other purposes
Water Pollution - any alteration of the physical, chemical, biological, or radiological properties of a
water body resulting in the impairment of its purity or quality.
Article II, Section 16 of the 1987 Constitution
“The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.”

 Fine of not less than P10,000.00 to P200,000.00 per day of violation

 For gross violations: Fine of not less than P500,000.00 but to P3,000,000.00 per day for each
day of violation or imprisonment of 6 months to 10 years.
Solar Textile Finishing Corporation was involved in bleaching, rinsing and dyeing textiles and
produces thirty (30) gallons per minute (gpm) of wastewater. 80% of the wastewater was being
directly discharged into a drainage canal leading to the Tullahan-Tinejeros River in Navotas while 20
% was channelled into the plant’s NON OPERATIONAL Wastewater Treatment Plant.
Findings of the inspection conducted proved that the wastewater is highly pollutive, thus, the PAB has
the authority to issue an ex parte Cease and Desist Order.
The Supreme Court held that it is not essential that the Board proves that an “immediate threat to life,
public health, safety or welfare, or to animal or plant life” exists before an ex parte Cease and Desist
Order may be issued. It is enough that the Board finds the wastes discharged do exceed “the
allowable DENR standards as stated Sec. 5 of the Effluent Regulations of 1982 which sets out the
maximum permissible levels of physical and chemical substances that may be discharged.
Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited
substances and pollutants
Refusal to allow entry, inspection and monitoring by the Department
Operating facilities that discharge regulated water pollutants
Pollution Adjudication Board (PAB)
Disposal of potentially infectious medical waste into sea water
Wastewater - waste in liquid state containing pollutants
  Deliberate discharge of toxic pollutants identified pursuant to RA No. 6969 in toxic amounts
 5 or more violations within a period of 2 years
 Blatant disregard of the orders of the PAB, such as the nonpayment of fines, breaking of seals
or operating despite the existence of an order for closure, discontinuance or cession of
operation
PAB Resolution No. 1, Series of 2010
Rules IV to XXII
The PAB has the exclusive and original jurisdiction with respect to adjudication of pollution cases
based on the exceedance of the DENR Effluent Standards
POWER OF THE PAB
Directly using booster pumps in the distribution system or tampering with the water supply
RA No. 8749
Philippine Clean Air Act
Refusal to allow access by the Department
Monique V. Valdes - Gangoso
Kyle Fae Nicole C. Agustin
Mary Joy C. Gozo
Rozzan Rae O. Rubio
Nestor DL. Hernandez
Recommend to the DENR Secretary the imposition of fines for acts of ommission prohibited under
Sec. 27 of RA 9275
‘Pag si Malabanan at mga babuyan, sa tabing-ilog nagtapon
‘Pag kotse’t pabrika, malinis na hangin ay nilamon
‘Pag ang minahan, lupa natiý nilason
CASES
PAB Proceedings
EXECUTIVE ORDER 192 S. 1987
Section 19
Providing for the Reorganization of the Department of Environment, Energy and Natural Resources,
Renaming It as the Department of Environment and Natural Resources, and for Other Purposes
Promulgated on June 10, 1987
Refusal or failure to submit reports whenever required by the Department
PAB vs. CA et. al, GR No. 93891, 11 March 1991
Subsequent laws and administrative issuances widened the jurisdiction of PAB on air, water, and land
pollution cases.
Today, the PAB resolves all pollution cases except for marine pollution and those under the purview
of the Laguna Lake Development Authority.
Air Pollutant - means any matter found in the atmosphere other than oxygen, nitrogen, water vapor,
carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to
health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid
particles of any kind, gases, fumes, chemical mists, steam and radio-active substances.
STATUTORY BASIS
Composition of the Board
RA No. 9275
Philippine Clean Water Act of 2004
Discharging regulated water pollutants without the valid required discharge permit
Sino ang KASANGGA NG MAMAMAYAN?
Reklamo mo, PAANO MAAAKSYUNAN?
Paghingi ng katarungan, SAAN ANG HANTUNGAN?
Transport, dumping or discharge or prohibited chemicals
Recommend to the DENR Secretary the issuance of a Cease and Desist Order
Non-Compliance of the LGU with the Water Quality Framework and Management Area Action Plan
There is gross violation of the law or its rules when any of the following occurs:
Recommend closure, suspension of development or construction, or cessation of operations or,
disconnection of water supply under Sec. 28 of RA 9275
Refusal or failure to designate pollution control officers
GROSS VIOLATIONS under Sec. 28 of RA 9275
Presenters:
What will be done to industries which pollute?
FINES
A comprehensive air quality management policy and program which aims to achieve and maintain
healthy air for all Filipinos.
Discharge includes, but is not limited to, the of spilling, leaking, pumping, pouring, emitting, emptying,
releasing or dumping of any materials into a water body or onto land from which it might flow or drain
into said water.

 Three or more specific offenses within a period of one year.

 Three or more offenses within three consecutive years.
 Blatant disregard of the orders of the PAB, such as, but not limited to the breaking of seals,
padlocks and other similar devices, or operating despite the existence of an order for closure,
discontinuance or cessation of operation.
 Irreparable or grave damage to the environment as a consequence of any violation or omission
of the provisions of the Act or its IRR.
Unauthorized transport or dumping into sea waters of sewage sludge
Determine liability for clean-up
Recommend filing of criminal charges against violators of acts prohibited by Sec. 28 of RA 9275
This is also confirmed by BOOK IV, TITLE XIV, CHAPTER II, SEC 13 of EO 292 s. 1987
(Instituting the Administrative Code of 1987)

 A fine of not more than P100,000 for every day of violation shall be charged against the owner
of a stationary source, until such time that standards have been met.
 For gross violation, the penalty is imprisonment of not less than six years but not more than 10
years upon the discretion of the court. At the same time, the Pollution Adjudication Board
(PAB) could close the firm through the issuance of a Cease and Desist Order.
SECTION 19. Pollution Adjudication Board. There is hereby created a Pollution Adjudication Board
under the Office of the Secretary. The Board shall be composed of the Secretary as Chairman, two
(2) Undersecretaries as may be designated by the Secretary, the Director of Environmental
Management, and three (3) others to be designated by the Secretary as members. The Board shall
assume the powers and functions of the Commission/Commissioners of the National Pollution Control
Commission with respect to the adjudication of pollution cases under Republic Act 3931 and
Presidential Decree 984, particularly with respect to Section 6 letters e, f, g, j, k, and p of P.D. 984.
The Environmental Management Bureau shall serve as the Secretariat of the Board. These powers
and functions may be delegated to the regional officers of the Department in accordance with rules
and regulations to be promulgated by the Board.
Air pollution - means any alteration of the physical, chemical and biological properties of the
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is
likely to create or to render the air resources of the country harmful, detrimental, or injurious to
public health, safety or welfare or which will adversely affect their utilization for domestic,
commercial, industrial, agricultural, recreational, or other legitimate purposes;
Effluent - discharge from unknown sources which is passed into a body of water or land, or
wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and
recreational facilities.
PROHIBITED ACTS
1. Republic Act 8749 or the Clean Air Act
2. Republic Act 9275 or the Clean Water Act
3. Republic Act 6969 or the Hazardous, Toxic, and Nuclear Substances Act
4. Republic Act 9003 or the Ecological Solid Waste Management Act
5. Presidential Decree No. 984 or the National Pollution Control Decree of 1976
6.DENR Administrative Orders Nos. 34 and 25 (Classification of Water Bodies and Water Standards)
7. Resolution No. 1 s. 2010 or the Revised Rules of Pollution Adjudication Board (PAB) on Pleading,
Practice and Procedure in Pollution cases
With the enactment of additional environmental laws prescribing a bigger role to the PAB. It has a
wider jurisdiction and mandate than its predecessor.