Pollution Adjudication Board Flashcards
What is Pollution Adjudication Board?
Agency of government under the Office of the Secretary, Department of Environment and Natural Resources (DENR) that has assumed powers and functions of the National Water and Air Pollution Control Commission(NWACC).
What is the role or Pollution Adjudication Board?
It determines and adjudicate atmospheric air and water pollution cases.
It is also an arbitrator for determining reparation, or restitution of the damages and losses resulting from pollution.
What is reparation?
Under the law, it is the obligation of the State to restore the rights and uphold the dignity of the victims, which is part of the right to an effective remedy.
It can be monetary or non-monetary.
What is restitution?
It is a process upon which the offender accepts accountability for the financial and non-financial losses he/she may have caused the victim.
Can the powers of Pollution Adjudication Board be delegated?
Yes, the powers of Pollution Adjudication Board can be delegated to the regional officers of the Department in accordance with rules and regulations to promulgated the Boards.
What are the Powers and Functiond of NPCC transferred to PAB?
- Determine location, magnitude, extent, severity, causes and effects of water pollution.
- To serve as arbitrator for the determination of reparation, or restitution of damages and losses resulting from pollution.
- PAB has power to conduct hearings and impose penalties for violation of PD No. 984, and issue writs of execution to enforce its orders and decisions.
Who can review the final decision of PAB?
It is the CA under Rule 43 of the Rules of Court.
What is the exclusive jurisdiction of PAB?
The Board shall have exclusive jurisdiction over the adjudication of pollution cases, and all other matters related including the imposition of administrative sanctions.
What are the Specific Jurisdiction of PAB?
- Clean Air Act (RA No. 8749)
- Clean Water Act (RA No. 9275)
- Establishing an Environmental Impact Statement System (PD No. 1586)
- Ecological Solid Waste management Act (RA No. 9003)
- Toxic Substances and Hazardous Wastes Act (RA No. 6969)
Under Section 7 of PD No. 984, who shall conduct Public Hearing?
Public hearings shall be conducted by the commissioner, deputy commissioner or any senior official duly designated by the Commissioner prior to issuance or promulgation of any order requiring the discontinuance of discharge of sewage, industrial wastes or other wastes in the water, air or land resources of the Philippines.
What happens if the Commissioner, Deputy Commissioners or any senior official duly designated by the Commissioner find prima facie evidence on the discharge of sewage or wastes?
The commissioner may issue ex parte order directing the discontinuance or issue temporary suspension or cessation of operation of establishment or person generating such sewage or wastes without necessity of a prior public hearing.
NOTE, however, that if the affected establishment contests the correctness of the prima facie findings of the Board, the Board must hold a public hearing where such establishment would have an opportunity to controvert the basis of such ex parte order.
When will the decision of the Commission be final?
Under the law, any decision of the Commission, in the absence of an appeal, shall become final fifteen (15) days after date of notification.
NOTE: Judicial review shall be permitted only after any party claiming to be aggrieved has exhausted remedies before the Commission.
Where to appeal if there is question of law?
It shall be appealed to the Supreme Court. Under the law, any decision by the Commission involving only questions of law, shall be appealed to the Supreme Court.
What will happen to the decision of the Commission after it became final and executory?
- Any decision order of the Commission, after it become final and executory, shall be enforced and executed in the manner as decisions of Courts of First Instance;
- the Commission shall have power to issue to the City or Provincial Sheriff, a writ of execution as may be necessary for the enforcement of decision or order.
Does the board or hearing officer shall be bound by technical rules of evidence under the rules of Court?
No, however, there is simplified rules of evidence that shall be observed:
1. The Board or Hearing Officer shall admit and give probative value to evidence commonly accepted by a reasonably prudent man in the conduct of his affairs. In case of doubt, all evidence presented shall be admitted, subject to the objects interposed, if any;
b. All documents forming part of the record and material to the issues of the case, whether marked as exhibits or not, shall be deemed admitted as evidence and may be considered in the resolution of the case;
c. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy may be accepted;
d. Every party shall have the opportunity to be heard in accordance with administrative due process and to submit rebuttal evidence; and
e. The Board or Hearing Officer may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts and of generally cognizable technical or scientific facts within its or his specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed.
