Adopting the Fines and Penalties Imposed under Sec. 28 of RA 9275 (Philippine Clean Water Act of 2004)

February 25, 2011

LLDA BOARD RESOLUTION NO. 404-11

A RESOLUTION ADOPTING THE FINES AND PENALTIES IMPOSED UNDER SECTION 28 OF REPUBLIC ACT NO. 9275, OF 2004 AND FOR THIS PURPOSE MODIFYING AND AMENDING SECTION 32 OF ARTICLE VI OF LLDA BOARD RESOLUTION NO. 33, SERIES OF 1996

WHEREAS, for purposes of uniformity in the implementation and enforcement of Republic Act No. 9275, otherwise known as the Philippine Clean Water Act of 2004, and in order to ensure equality in the application and imposition of penalties for water pollution cases and related acts and omissions in violation thereof within the Laguna de Bay Region, it is imperative that Section 32 of LLDA Board Resolution No. 33, Series of 1996, Approving the Rules and Regulations Implementing the Environmental User Fee System in the Laguna de Bay Region, be modified and amended accordingly;

WHEREFORE, premises considered, on motion duly made and seconded, be it RESOLVED, as it is hereby RESOLVED, that Section 32 of LLDA Board Resolution No. 33, Series of 1996, Approving the Rules and Regulations Implementing the Environmental User Fee System in the Laguna de Bay Region, be modified and amended to read as follows:

"Section 32. Penalty for Violating the Prohibited Acts. — Any person who shall violate any provision of Article V of these rules and regulations or any order or decision of this Authority or for failure to renew the discharge permit within the period specified under Section 13 hereof or shall commit any of the prohibited acts or omissions under Section 27 of Republic Act No. 9275 or its implementing rules and regulations, shall be fined by the General Manager, upon the recommendation of the Public Hearing Committee, in the amount of not less than Ten thousand pesos (Php10,000.00) nor more than Two hundred thousand pesos (Php200,000.00) for each day during which such violation or default continues or by imprisonment of from two (2) years to six (6) years, or both fine and imprisonment after due notice and hearing, without prejudice to the issuance of an ex parte order for such closure, suspension or development or construction, or cessation of operations during the pendency of the case."

"If the violator is a corporation, partnership or association, the President or Chief Executive Officer of the organization concerned shall be liable therefore."

RESOLVED, further, that Resolution shall take effect fifteen (15) days after its publication in a newspaper of general circulation and with the National Administrative Register, UP Law Center. CcTIDH

APPROVED on February 25, 2011.

 

(SGD.) RAMON JESUS P. PAJEChairman

 

(SGD.) RODRIGO E. CABRERAVice-Chairman

 

(SGD.) ZENAIDA C. MAGLAYADirector

 

(SGD.) AUGUSTO B. SANTOSDirector

 

(SGD.) TEOFILO S. PILANDO, JR.Director

 

(SGD.) MA. CRISTINA L. VELASCODirector

 

(SGD.) JEORGE "E.R." EJERCITO ESTREGANDirector

 

(SGD.) CASIMIRO A. YNARES III, M.D.Director

 

(SGD.) ELIONOR I. PILLASDirector

 

(SGD.) GIRLIE "MAITA" EJERCITODirector

 

(SGD.) LINA LUTGARDA M. TANJUATCOPresident

 

(SGD.) EDWIN C. MAKASIARChairman

Attested by:

 

(SGD.) ATTY. JOHN ANDREW R. DE GUZMANBoard Secretary V

 

Published in The Philippine Star on March 19, 2011.