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 maybe designated by the Secretary, the Director of the
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 maybe
delegated to the regional officers of the Department in accordance with rules and
regulation to be formulated by the Board
SECTION 19 of EXECUTIVE ORDER 192 series of 1987 states that:
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.
POWERS AND FUNCTIONS OF THE BOARD (PAB RESOLUTION NO. 1 series of
2010)
APPLICABILITY OF THE RULES
Shall apply to all pollution cases involving violation of pollution control laws and
environmental laws and prohibited acts cognizable by the PAB for adjudication pursuant
to R.A. 8749, R.A. 9275, P.D. 1586, R.A. 6969 and R.A. 9003 in relation to R.A. 9275,
their implementing rules and regulations, DENR Administrative Orders, brought before
the Board.
GENERAL POWERS OF THE BOARD
By virtue of Section 19 of Executive Order 192 series of 1987, the powers and functions
pertaining to the Commissioners of the National Pollution Control Commission under
P.D. 984, in relation to adjudication of pollution cases pursuant to R.A. 3931 and P.D.
984, were transferred to the Board. Pursuant to this, the Board vested with general
adjudicatory powers. In the adjudication of pollution cases, the board has the power and
authority to:
2. ( e ) Issue orders or decisions to compel compliance with the provisions of PD
984 and its implementing rules and regulations only after proper notice and
hearing;
3. ( f ) Make, alter or modify orders requiring the discontinuance of pollution
specifying the conditions and the time within which such discontinuance must be
accomplished;
4. ( g ) Issue, renew, or deny permits, under such conditions as it may determine to
be reasonable, for the prevention and abatement of pollution, for the discharge of
sewage, industrial waste, or for the installation or operation of sewage works and
industrial disposal systems or parts thereof: Provided, however, That the
Commission [now PAB], by rules and regulations, may require subdivisions,
condominium, hospitals, public buildings and other similar human settlements to
put up appropriate central sewerage system and sewage treatment works,
except that no permits shall be required of any new sewage works or changes to
or extensions of existing works that discharge only domestic or sanitary wastes
from a single residential building provided with septic tanks or their equivalent.
The Commission [now PAB] may impose reasonable fees and charges for the
issuance or renewal of all permits herein required;
4. ( j ) Serve as arbitrator for the determination of reparations, or restitution of the
damages and losses resulting from pollution;
5. ( k ) Deputize in writing or request assistance of appropriate government
agencies or instrumentalities for the purpose of enforcing this Decree and its
implementing rules and regulations and the orders and decisions of the
Commission [now PAB];
6. ( p ) Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Decree.
7. Issue to the City or Provincial Sheriff or duly constituted authorities whom it may
appoint, such writs of execution as may be necessary for the enforcement of
such decisions or orders;
8. Promulgate rules and regulations for the delegation of the powers and functions
of the Board to the Regional Offices of the Department;
EXPANDED POWERS OF THE BOARD
Pursuant to specific laws, the Board shall exercise but not be limited to, the following
powers:
Chapter 6. Fines and Penalties of R.A. 8749 or the Philippine Clean Air Act of 1999
Under Section 45. Violation of Standards for Stationary Sources:
1. Impose fine against the owner or operator of a stationary source;
2. Prepare a fine rating system to adjust the maximum fine based on the violator’s
ability to pay, degree of willfulness, degree of negligence, history of non-
compliance and degree of recalcitrance; (PAB Resolution No. 4 series of 2003)
3. Order the closure, suspension of development or construction, or cessation of
operations of the stationary sources until such time that proper environmental
safeguards are put in place; and
4. Issue an ex parte order for such closure, suspension of development or
construction, or cessation of operations.
Under Section 48. Gross Violations:
1. Recommend to the proper government agencies to file the appropriate criminal
charges against the violators of R.A. 8749;
2. Assist the public prosecutor in the litigation of cases; and
3. Adopt and promulgate the rules of practice and procedure in air pollution cases
from stationary sources under this Act, pursuant to Section 2, Rule L of the
Implementing Rules and Regulations of R.A. 8749.
Section 28. Fines, Damages and Penalties of R.A. 9275 or the Philippine Clean
Water Act of 2004
1. Recommend to the DENR Secretary the imposition of fines for acts of omission
prohibited under Section 27 of R.A. 9275;
2. Recommend to the DENR Secretary the issuance of Cease and Desist Order for
acts of omission prohibited under Section 27 of the Act.
3. Recommend closure, suspension of development or construction, or cessation of
operations or, where appropriate, disconnection of water supply under Section 28
of the Act.
4. Recommend filing of criminal charges against violators of acts prohibited by
Section 28.
5. Recommend to the DENR Secretary to order the Local Water District or private
water supplier to disconnect the water service of the violator.
6. Revoke or suspend a discharge permit.
7. Determine liability for clean-up.
