Revised Rules, Regulations and Procedures Implementing R.A. No. 4850

February 26, 2004

LLDA RESOLUTION NO. 192-04

APPROVING THE REVISED RULES, REGULATIONS AND PROCEDURES IMPLEMENTING REPUBLIC ACT NO. 4850, AS AMENDED

WHEREAS, it is the declared national policy to promote, and accelerate the development and balanced growth of the Laguna Lake area and the surrounding provinces, cities and towns hereinafter referred to as the region, within the context of the national and regional plans and policies for social and economic development and to carry out the development of the Laguna Lake region with due regard and adequate provisions for environmental management and control, preservation of the quality of human life and ecological systems, and the preservation of undue ecological disturbances, deterioration and pollution; and

WHEREAS, for Laguna Lake Development Authority to effectively perform its quasi-judicial functions and for proper and effective implementation of its regulatory powers, the Laguna Lake Development Authority has formulated the Revised Rules, Regulations and Procedures implementing Republic Act No. 4850, as amended;

NOW, THEREFORE, considering the foregoing premises and pursuant to its administrative rule-making powers provided for under Section 5, paragraph (k) of Republic Act No. 4850, as amended by Presidential Decree No. 813 and Section 4 paragraph (a), (b) & (e) of Executive Order No. 927, Series of 1983, the Laguna Lake Development Authority hereby promulgates and adopts the following Rules, Regulations and Procedures in the implementation of the provisions of Republic Act No. 4850, as amended, for the Laguna de Bay and its watershed:

RULE I

General Provisions

SECTION 1. Title — These rules shall be known as the Laguna Lake Development Authority's Revised Rules, Regulations and Procedures Implementing Republic Act No. 4850, as amended.

SECTION 2. Scope and Application — These Rules and Procedures shall apply to Laguna de Bay and the Laguna de Bay region as defined under Section 41 of Republic Act No. 4850 and Section 2 of Executive Order No. 927, Series of 1983. They shall govern the proceedings relative to administrative hearings and resolutions of all cases affecting the Laguna de Bay and its watershed that include pollution control cases, aquaculture cases, shoreland matters and other administrative determinations affecting the implementation of the provisions of Republic Act No. 4850, as amended within the Laguna de Bay Region. THESAD

SECTION 3. Construction — These Rules, Regulations and Procedures shall be liberally construed to carry out the legislated national policy to protect the balanced growth of the Laguna de Bay Region and promote public interest and to assist the parties in obtaining just, speedy and inexpensive disposition of all cases falling within the jurisdiction of the LLDA.

SECTION 4. Administration and Enforcement — These Rules, Regulations and Procedures shall be implemented, administered and enforced by the Laguna Lake Development Authority through the Public Hearing Committee and/or through its duly authorized representatives. Enforcement of any order promulgated by the Authority may be course through any other government agencies deputized by the Authority pursuant to the provisions of Republic Act No. 4850, as amended.

RULE II

Definition of Terms

SECTION 1. Definition of Terms — For the purpose of these Rules, Regulations and Procedures, whenever the following words or terms are used herein, or in any amending rules and regulations hereinafter issued, they shall mean as follows:

"Authority" or LLDA means the Laguna Lake Development Authority.

"Analysis" means any laboratory test or examination of any matter, substance or process for the purpose of determining its composition, qualities, causal relations and/or its effects upon the environment.

"Committee" or "PHC" shall mean the Public Hearing Committee.

"Decision/Resolution" means the judgment or resolution issued by the Public Hearing Committee in accordance with these Rules, stating clearly the facts of the case, the violations and issues, legal determination and the legal basis thereof and duly approved and signed by the General Manager and bears the official seal of the Authority.

"Department" or "DENR" shall mean the Department of Environment and Natural Resources.

"Effluent" is a general term denoting any wastewater, partially or completely treated, or in its natural state, flowing out any industrial plant, commercial establishment or any treatment facility.

"Environment" means the physical factors of the total surroundings of human beings, including but not limited to the lakes and other bodies of water, land, air, atmosphere, climate, sound, odor, plants, insects, animals, its biological and physical factors, all its life support systems and all other surrounding matters that affects directly or indirectly the existence of human life and other life forms in a specific area.

"Fishpen" is a structure enclosing a particular area in the lake which make use of bamboos or anahaw poles surrounded by nets, fastened by a weight of sinkers embedded in the lake bed.

"Fishcage" is a structure similar to an inverted mosquito net fastened to bamboos. ScCIaA

"General Manager" means the chief operating or executive officer of the Laguna Lake Development Authority duly appointed by the Office of the President.

"Industrial Waste" means any liquid, gaseous or solid matter or other wastes substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development, processing or recovery of any natural resources which may cause or tend to cause pollution or contribute to the pollution of the water, air and land resources of the Philippines.

"Laguna de Bay or Laguna Lake" refers to that area covered by waters when it is at the average annual maximum elevation of 12.50 meters referred to datum 10.00 meters Mean Lower Low Waters (M.L.L.W.) as defined under Section 41 of Republic Act No. 4850 , as amended.

"Laguna de Bay Region or Region" refers to the watershed region of Laguna de Bay which includes the provinces of Rizal and Laguna, the cities of San Pablo, Pasay, Caloocan, Quezon, Manila, and Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of Silang and Carmona in Cavite Province; the town of Lucban in Quezon Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa and Pateros in Metro Manila as defined under Section 2 of Executive Order No. 927 including such other cities and municipalities created hereinafter.

"Lake Bed" means the lands located at and below the average annual maximum lake level elevation of 12.50 meters as referred to datum 10.00 meters below mean lower low water (MLLW) and therefore forms part of the inalienable lands of the public domain.

"Managing Head" shall mean the President, Managing Director, Managing Partner, Chief Executive Officer or highest executive officer of the respondent, if it be a corporation, partnership or other juridical person or the owner/proprietor of a business.

"Person" or "Persons" shall include any being, natural or juridical susceptible of rights and obligations or of being the subject of legal actions.

"Permits" / "Clearance" shall mean any clearance or legal authorization granted by the Authority to undertake any development activity within the Laguna de Bay Region or perform any other act allowed under its existing rules.

"Pollution" shall mean any alteration of the physical, chemical and biological properties of any water, air and land resources of the Philippines or any discharge thereto of any liquid, gaseous or solid wastes as will be likely to create or to render such water, air and land resources harmful, detrimental or injurious to public health, safety or welfare or which will adversely affect their utilization for domestics, commercial, industrial, agriculture, recreational or other legitimate purposes.

"Pollutants" means any substance in whatever form whether solid, liquid or gaseous, its existence or introduction to the environment or a particular area, directly or indirectly:

a) Alters the quality of any segment of the receiving environment so as to affect or to affect adversely the beneficial uses;

b) Causes hazard to life, limb and property; EcIaTA

c) Imparts objectionable odor, noise, temperature change or physical;

d) Exceeds the allowable limits of concentration or quality standards specified, or in contravention to the condition, limitation or restriction prescribed in the permits or clearance issued by the Authority.

"Pollution Control Facility" or "Pollution Control Device" shall mean any structure, contrivance, facility, system, device or mechanism which can adequately control or abate liquid, gaseous or solid wastes or noise pollution within the allowed quality standards of the Department.

"Public Hearing" means the formal inquiry or proceedings in compliance with administrative due process, directed against a respondent or respondents, giving them the opportunity to controvert the results of the investigation or findings preparatory to the issuance of an order, resolution or decision on a particular case or violation.

"Respondent" means the party, whether individual or corporation, against whom a complaint is filed before the Authority for violating any of the Rules.

"Shoreland" as defined under Sec. 41 (11) of Republic Act No. 4850 shall refer to that area occasionally covered by the lake water when it is at an average annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00 meters below mean lower low water (M.L.L.W.)

"STP"/CSTP shall mean Sewage Treatment Plant or Centralized Sewage Treatment Plant which refers to a facility designed to treat domestic wastewater only.

"Treatment Plant or Centralized Wastewater Treatment Facility" which refers to a facility designed to treat an industrial or process waste within an individual establishment or an industrial park.

"ZOMAP" shall mean the Fishery Zoning and Management Plan for the Laguna de Bay defining the areas for fishpens, fishcages, sanctuaries and open fishing including navigational lanes and other pertinent rules related to lake management. "WTF"/ "WTP" or "CWTF" shall mean Wastewater Treatment Facility / Wastewater.

RULE III

Jurisdiction and Authority

SECTION 1. Jurisdiction. — The Authority shall have the sole and exclusive jurisdiction over water pollution cases, fishpen/fishcage cases and shoreland cases within the territorial jurisdiction of the Laguna de Bay Region as defined herein, and all other matters as mandated by R.A. 4850, as amended by P.D. 813 and E.O. 927, including the imposition of penalties, administrative fines and other sanctions, except as otherwise provided by special laws.

SECTION 2. Application of Laws, Rules and Regulations —

a) In the exercise of its power to control and abate pollution, the Authority shall implement and will be guided by the provisions of Presidential Decree No. 984 otherwise known as the Pollution Control Code of the Philippines amending Republic Act No. 3931 otherwise known as the National Pollution Control Code of the Philippines and other relevant laws related to pollution prevention and environmental protection. TEAcCD

b) In the exercise of its power to manage and regulate the fishpen/fishcage operation in the lake, the Authority shall implement and will be guided by the provisions of the Revised Fishery Zoning and Management Plan (ZOMAP) of 1996 and such other rules as may be issued by the Board.

c) In the exercise of its power to manage and regulate the use and/or occupancy of the shorelands, the Authority shall implement and will be guided by the provisions of LLDA Board Resolution No. 23, Series of 1996 and its amendments and such other rules as may be issued by the Board.

The exercise of LLDA of its quasi-judicial powers shall proceed independent of any other administrative or judicial proceedings pending before any other judicial, quasi-judicial or administrative bodies in the Philippines unless a proper injunction by a competent court to this effect is issued.

SECTION 3. The Public Hearing Committee — For the purpose of effectively carrying out the quasi-judicial powers of the Authority within its area of jurisdiction, a Public Hearing Committee is hereby created composed of a Chairman and two (2) other members representing the Office of the General Manager, the Legal Division and the concerned division depending on the matter under consideration (i.e., the Pollution Control Division for pollution cases, the Lake Management Division for fishpen/fishcage cases and the Special Concerns Division for shoreland cases). The Committee shall be designated by the General Manager and any decision, order or resolution must be concurred by the majority member of the Committee and duly approved by the General Manager. The Secretariat of the Committee shall be the Legal Division.

SECTION 4. The Hearing Officers — There shall be a set of hearing officers at the Legal Division who shall assist the Public Hearing Committee in the reception and evaluation of evidence presented for each case. The hearing officer may investigate and hear pollution cases, fishpen/fishcage cases, shoreland cases and all other violations of theses Rules as may be delegated or authorized by the Public Hearing Committee; provided that, the final decision may be promulgated only by the Committee giving due consideration to the recommendation of the hearing officer.

The hearing officer may recommend the issuance, renewal or denial of LLDA Clearance and/or Discharge Permit, Fishpen/Fishcage Permit and Shoreland Occupancy Permit and/or Shoreland Lease Agreement under such conditions as it may determine to be reasonable for the prevention and abatement of pollution within the Laguna de Bay and for the prevention of undue ecological imbalance in the Laguna de Bay Region.

SECTION 5. Authentication with Official Seal — All legal documents hereinafter shall be issued and authenticated with official seal of the Authority.

RULE IV

Administrative Procedures

SECTION 1. Nature of Proceedings — The proceedings shall be administrative in character without necessarily adhering to or following the technical rules of procedure and evidence. Due regard shall however, be given to the merits of each case and compliance with the substantial requirements of due process. Multiplicity of actions shall be discouraged and all issues pertinent or matters relevant to a pending case shall be resolved therein as much as practicable. Use and application of new procedural methodologies in hastening resolution of cases and issues may be adopted provided that, the constitutional requirements for administrative due process shall be substantially met. SECIcT

SECTION 2. Parties — Any persons who have an interest in the subject of the action may be a party to a case or proceeding before the Committee.

The party initiating the action shall be called the "Complainant" and the party against whom a complaint is filed shall be called the "Respondent."

SECTION 3. Commencement of Actions — Actions within the jurisdiction of the Authority may be commenced motu proprio by Authority through its concerned divisions or by a formal complaint filed by any individual, person or group of persons, by the Department of Environment and Natural Resources (DENR), and other government agencies, institutions and bodies including local government units, before the Authority, for pollution control and abatement cases, fishpen/fishcage cases, shoreland cases and any other violations of the provisions of R.A. 4850, as amended by P.D. 813 and E.O. 927, and/or these Rules and Regulations.

Actions commenced motu proprio shall be deemed instituted upon completion of the concerned division investigation of the violation committed and concurred by the Public Hearing Committee.

Actions based on complaints filed by the DENR, Local Government Units, or any other government institutions shall be deemed instituted upon endorsement of the complaint to the General Manager with the attached investigation reports and concurred by the Public Hearing Committee.

Formal complaints filed by any individual, person or group of persons shall be deemed instituted upon filing of a properly verified written complaint before the Authority.

SECTION 4. Construction of Pleadings — All pleadings filed before the Authority shall be liberally construed so as to do substantial justice to all litigants taking into consideration environmental protection and sustainable development of the Laguna de Bay Region. Formal requirements may not affect the intrinsic validity of proceedings provided that the information and facts alleged therein are clearly indicated for the judicious resolution of the case.

SECTION 5. Caption and Title — In all cases cognizable by the Authority, the full names of all parties as far as they are known shall be stated in the caption of the original pleadings, application, motion, resolution, notices and processes to be served upon them. If the action is initiated by any person other than the Authority, the caption shall be as follows:

Republic of the Philippines

___________________,	LLDA Case No. ________
Complainant.	For: _________________
	(State the nature of the
	complaint or law/laws
	violated, e.g. Violation of
	R.A. 4850, as amended)
- versus -
___________________,
Respondent.

 

C O M P L A I N T

Complainant/Counsel for

In case the action is instituted at the instance of the Authority, the caption shall be as follows:

Republic of the Philippines

In the Matter of ___________________Rules and Regulations")

LLDA Case No. ___________

__________________________, Respondent.

x —————————————x

SECTION 5. Form and Contents of Complaint — The complaint shall be in writing and drawn in clear and concise English language. It shall recite the ultimate facts constituting the cause or causes of action and/or the violation or R.A. 4850, as amended and/or these Rules and Regulations, as well as all information pertinent thereto. It may specify the relief sought and such further remedies as may be deemed just and equitable. aTICAc

SECTION 6. Effect of Withdrawal of Complaint — The withdrawal of complaint shall not have the effect of automatically dismissing it or the proceeding thereon. The Authority may motu proprio continue the same if it deemed necessary in the interest of public welfare, safety and environmental protection.

SECTION 7. Procedure Before the Authority — Upon any action initiated by the Authority or upon receipt of the complaint, from private or public persons/entities, the General Manager shall order an investigation or inquiry, in such manner as he may determine on the alleged act of violation or failure to comply with any of the provisions of R.A. 4850, as amended by Presidential Decree No. 813, Executive Order No. 927, rules and regulations duly promulgated by the Authority, and/or these Rules and Regulations; which may include but not limited to ocular inspection, surveys of the premises and sampling and analysis of wastewater discharge. For this purpose, the Authority may request the assistance of other government agencies. If after such survey, investigation and/or analysis there appears to be a violation of any of the provisions of R.A. 4850, as amended by P.D. 813 and E.O. 927 or these Rules and Regulations, or a truth to the allegation in the complaint, the General Manager, through the Public Hearing Committee shall issue an appropriate order (Notice of Violation, Notice of Public Hearing, Ex-Parte Order or Ex-Parte Cease and Desist Order.

However, where there is a prima facie evidence that the violation committed constitute an immediate threat to life, public health, safety or welfare or to animal or plant life or greatly exceed the allowable DENR standards, as provided in the guidelines established by the Authority, a Cease and Desist Order/Order of Demolition may be issued immediately directing a complete cessation of operation.

SECTION 8. Intervention by an Interested Party — Any party, who claims to have interest or may be adversely affected by the proceedings before the Authority, may file a motion for intervention stating in simple and concise words the ground relied upon for the action in the intervention, and the remedies sought, serving a copy of the same to the respondents and the complainants, if any. The motion shall be filed at anytime prior to the promulgation of an order or decision.

SECTION 9. Dilatory Motions not Allowed — No motion for extension of time to file any pleadings or postponements shall be allowed before the Authority more than two (2) times not to exceed sixty (60) calendar days from receipt of the complaint. Any dilatory motion filed shall be considered as a mere scrap of paper.

SECTION 10. Default — If the respondent fails to answer within fifteen (15) calendar days from receipt of notice of complaint, the Public Hearing Committee shall, moto-propio or upon motion of the complainant with the notice to the respondent, and proof of such failure, declare the respondent in default. Thereupon, the Public Hearing Committee shall proceed to render judgment granting the complainant such relief as his pleading may warrant, unless the Public Hearing Committee in it discretion requires the complainant to submit evidence.

SECTION 11. Notices and Orders — All notices and orders issued by the Public Hearing Committee shall be addressed to the respondent and shall contain among other; (a) the name of the parties; (b) the nature of the violation; and (c) a directive for the respondent to appear for a public hearing; or submit remedial measures to control or abate the pollution; or show cause in writing why no ex-parte cease and desist order shall be issued against it for the alleged violation. A copy of the complaint or results of investigation shall be attached to the notice/order. STcHEI

SECTION 12. Service of Notice of Hearing and Orders — The notice of hearing shall be served personally upon the complainant and the respondent or any interested party at least three (3) days prior to the proceedings. Personal service shall be made by handing a copy thereof to the respondent in person or to his authorized representative. A notice of violation without water pollution may be delivered by registered mail through the postal service.

If the respondent cannot be served personally as provided for in the preceding paragraph or if he unduly refuses to receive the notice or order, service may be effected by leaving a copy thereof at the respondent's principal office or regular place of business with some competent person in charge thereof.

The proof of service of notice or order shall be noted by the server on the receiving copy setting forth the place and the date of service, and the name and signature of the person who received the same.

SECTION 13. To Whom Will It be Addressed — Notice of hearing and order shall be addressed to the manager or managing head, if the respondent is a partnership, single proprietorship, association or government agency. To the corporate president/general manager, if the respondent is a corporation; or local executive, if the respondent is a municipality or city or any political subdivision.

SECTION 14. Docket Number and Calendar of Cases — All cases before the Public Hearing Committee shall be numbered and docketed consecutively and entered into an appropriate logbook in accordance with a system of numbering and docketing of cases adapted by the Public Hearing Committee.

RULE V

Public Hearing

SECTION 1. Appearances — The respondent or the accredited Pollution Control Officer (PCO) or his duly authorized representative shall be required to appear in all proceedings. A senior officer, a legal counsel or a technical consultant may appear with him, provided that, in no case shall the respondent be represented by a consultant only.

SECTION 2. Notice of Public Hearing — The Public Hearing Committee shall serve a notice of public hearing to the respondent directing him to bring and furnish the Public Hearing Committee, copies of all documents and related articles to the above-stated case. The said notice shall be sent to the respondent at least three (3) days prior to the date of hearing. Similar notices shall also be sent to the representatives of concerned government agencies for the effective resolution of the case.

Non-appearance will amount to a waiver of the respondent's right to a hearing. Despite non-appearance, the Authority will proceed to determine the merits of the case and apply the proper relief and measures as may be provided by law.

SECTION 3. Who Conducts the Public Hearing — The public hearing shall be conducted by the Public Hearing Committee or by the hearing officers duly authorized by the PHC. Hearing on the merits and reception of evidences may be conducted by the hearing officers, provided that, if the motion is litigious in nature such as a motion for the issuance of a temporary lifting order, the Public Hearing Committee shall conduct the hearing en banc. TcHDIA

SECTION 4. Subpoena and Subpoena Duces Tecum — If the attendance of a witness or the production of books, papers, documents and other pertinent data necessary, any party may request the issuance of the necessary subpoena duces tecum at least five (5) days prior to the scheduled hearing. The Committee shall issue the subpoena or subpoena duces tecum upon a showing of general relevance.

SECTION 5. Ocular Inspection — Whenever essential to the determination of the issue surrounding the case, the Committee or hearing officer may direct the conduct of an ocular inspection.

SECTION 6. Rules of Evidence — In the conduct of hearings, the Committee or hearing officer shall not be bound by the technical rules of evidence under the Rules of Court. However, the following simplified rules of evidence shall be observed:

a) The Committee or hearing officer shall admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs. In case of doubt, all evidence presented shall be admitted, subject to the objection interposed, if any.

b) All documents forming part of the records and material to the issue of the case, whether marked or exhibits or not shall be deemed admitted as evidence and may be considered in the resolution of the case.

c) Secondary 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 bank or other government agency, a certified copy thereof may be accepted.

d) Every party shall have the opportunity to be heard in accordance with administrative due process.

e) The Committee or hearing officer may take notice of judicially cognizable 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.

Appreciation of all documents submitted as evidence whose probative value shall be under the discretion of the hearing officer and/or public hearing committee.

SECTION 7. Records of Proceedings — The proceedings and testimonies of witnesses during the hearing may be recorded by a stenographer, where one is available. The appearance of parties and other person shall be duly noted and accounted for through their signatures. The Committee Secretariat or hearing officer shall make a written summary of the proceeding including the substance of the evidence presented which shall form part of the records of the case. The written summary shall be signed and certified by the Committee Secretary or the Hearing officer, as the case might be and duly conformed by the respondent.

SECTION 8. Postponement — A motion for postponement of the public hearing shall be filed with the Authority and a copy thereof furnished the adverse party, if any, at least three (3) days prior to the scheduled date of hearing except motions for continuance made in the presence of the other parties; or those in the course of hearing. Postponement shall be discouraged and shall be allowed by the Hearing Committee only in meritorious cases, like illness of party or counsel for a period of not more than fifteen (15) days.

SECTION 9. Hearing Procedure — As soon as the parties entered their appearances and manifested readiness to proceed with the case, the complainant shall be allowed to present evidence in support of the charge with the testimony of each witness taken under oath, after which the results of surveys or field investigations and/or sample analysis shall be made known to the parties. Thereafter, the respondent shall present his evidence. HcaDIA

If the case is commenced by the Authority, the hearing shall proceed directly with the presentation of results of surveys or field investigations, samplings, or analysis of effluent and other evidence, after which the respondent shall present his evidence.

The procedure in public hearing shall also apply to arbitration proceedings and to appropriate cases relating to denial and revocation of permits as provided for under these Rules and Regulations.

SECTION 10. Ex-Parte Hearing — Upon proof of services to the respondent, and upon his failure to answer or to appear within the prescribed period, a public hearing may proceed ex-parte which shall consist of the presentation of results of surveys or field investigation, samplings, analyses and other evidence on the part of the complainant or the Authority as the case may be.

SECTION 11. Submission of Memoranda — The Public Hearing Committee may allow the parties upon petition to submit their respective memoranda and/or position papers not later than fifteen (15) days after all testimonial and documentary evidence have been submitted by the parties.

RULE VI

Deliberation of Cases by the Public Hearing Committee

SECTION 1. Venue — The hearing or deliberation of cases by the Committee shall be held at the office of the Laguna Lake Development Authority or in such other place as may be designated by the Authority provided that venue shall be within the Laguna de Bay Region.

SECTION 2. Basis of the Authority's Action — The General Manager shall base his action, order or decision on the entire records of the case. He may however, adopt the findings of facts and recommendations of the Public Hearing Committee as his own or modify the same as the evidence may warrant, without prejudice to the production of additional information as he may require for a complete determination of the case.

SECTION 3. Deliberation by the Committee — Except where the Committee in its discretion, provides for oral arguments or for the presentation of additional evidence, the Committee shall deliberate on cases on the basis of the pleadings and the records of the case, without the appearance of the parties in a hearing.

RULE VII

Orders and Decisions

SECTION 1. Notice of Violation — Notice of Violation shall be issued by the concerned divisions as follows:

a) For cases endorsed by the PCD, a Notice of Violation shall be issued requiring the respondent to comply with the documentary requirements or institute corrective measures when it concerns water pollution within fifteen (15) days from receipt thereof. When it concerns permit requirements, respondent is required to comply within sixty (60) days from receipt of the Notice.

b) For cases endorsed by the LMD, a Notice of Violation shall be issued requiring the respondent to comply with the fishpen/fishcage rules within thirty (30) days from receipt thereof. SHaIDE

c) For cases endorsed by the SCD, a Notice of Violation shall be issued requiring the respondent to comply with the shoreland rules within seven (7) days from receipt thereof.

SECTION 2. Ex-Parte Orders — An ex-parte order shall be issued requiring the respondent to show cause why no Cease and Desist Order will be issued for discharging effluent not conforming to the standards within fifteen (15) days from receipt of such order for unjustly refusing to allow an inspection in case of refusal of entry of a bona fide LLDA inspector. In case of violation of fishpen/fishcage rules, an ex-parte order shall likewise be issued requiring the respondent to show cause why no Demolition Order will be issued for violating such rules. In case of violation of shoreland rules, an ex-parte order shall be issued requiring the respondent to show cause why no Cease and Desist Order shall be issued for such violation.

SECTION 3. Ex-Parte Cease and Desist Order/Demolition Order — Whenever the Authority finds prima facie evidence that the discharged wastes or the illegal reclamation or the illegal fishpen/fishcage structure are of immediate threat to life, public health, safety or welfare to animals or plant life or exceeds the allowable standards/area set by the Authority, the General Manager or his absence, the Assistant General Manager shall issue an Ex-Parte Cease and Desist Order directing the discontinuance of the same or the temporary suspension or cessation of the establishment or person generating such emission or wastes or causing such reclamation/backfill activity or such illegal fishpen/fishcage structure without the necessity of a prior public hearing. The said Ex-Parte Cease and Desist Order/Demolition Order or any closure order shall be immediately executory and shall remain in force until said establishment or person prevents or abates the said pollution within the allowable standards or until a Temporary Lifting Order is issued.

The respondent may contest the order by filing a Motion to Lift the Cease and Desist Order. The Motion to Lift the Cease and Desist Order shall be set for hearing or calendared for the Committee's deliberation. The filing of such motion shall not stay the enforcement and execution of the Order.

SECTION 4. Implementation of Cease and Desist Order/Demolition Order — The Public Hearing Committee or its duly authorized representatives shall implement or cause the implementation of the Cease and Desist Order not later than seventy-two (72) hours from receipt thereof. The enforcement team shall submit a report to the Public Hearing Committee within forty-eight (48) hours after the action taken. Should the Cease and Desist Order be implemented beyond seventy-two (72) hours, the enforcement team shall justify the delay in a written report to the Committee.

The enforcement team shall be headed by the Legal Division with a representative from the concerned unit and the Public Information Unit (PIU). No other LLDA personnel or special group may be deputized without the prior approval of the General Manager.

In the implementation of Cease and Desist Orders/Demolition Order, the Enforcement Team may coordinate with the local government concerned, unless local government officials are directly or indirectly involved in the business or undertaking causing the pollution/violation or have manifested partially in favor of respondent or shown reluctance to enforce pollution control laws/LLDA Rules. The Enforcement Team may seek the assistance of the Philippine National Police and other law enforcement agencies when necessary. aDcTHE

SECTION 5. Temporary Lifting Order for Purposes of Implementing Pollution Control Program — The Committee may upon proper motion of the respondent, issue a Temporary Lifting Order (TLO) in cases where it has issued a Cease and Desist Order, in order to allow the implementation of a comprehensive pollution control program for a period not exceeding six (6) months. Where a Temporary Lifting Order (TLO) is issued, the respondent shall be required to submit progress reports indicating therein the latest status of the construction or rehabilitation, the percentage of work being undertaken and the proposed date of completion. Upon the lapse of the period specified in the Temporary Lifting Order, the Cease and Desist Order (CDO) shall automatically resume its effectivity, unless there is a compliance or a motion for extension of the TLO was filed with the Committee. Extensions of TLO shall be allowed only when a significant improvement is observed.

SECTION 6. Temporary Lifting Order for Resampling Purposes — The Committee may upon proper motion of the respondent, issue a Temporary Lifting Order (TLO) in cases where it has issued a Cease and Desist Order in order to allow the taking of wastewater samples. Upon the lapse of the period specified in the TLO, the Cease and Desist Order (CDO) shall automatically resume its effectivity, without prejudice to the filing of a motion for extension of TLO with the Committee.

SECTION 7. Requirements for the Issuance of a Temporary Lifting Order — No Temporary Lifting Order (TLO) shall be issued unless the respondent submits the following:

a) A notarized undertaking signed by the respondent or its duly empowered managing head, to comply with the conditions set by the Committee;

b) A comprehensive pollution control program, with proof of approved budget and the timetable of activities for the construction or rehabilitation of its pollution control facility.

c) A detailed description of the interim remedial measures to be instituted to mitigate pollution pending the completion of the pollution control program.

d) Immediate payment of at least twenty five (25%) percent of the accumulated daily penalty and the remaining balance shall be paid within six (6) months from initial payment or upon compliance with the effluent standards, whichever comes first.

e) File application for discharge permit and assessment of the Environmental User Fees as may be determined by the Pollution Control Division;

f) Appointment of a Pollution Control Officer for accreditation by the Authority.

g) Submission of a monthly Self-Monitoring Report/progress report on the status of its improvement works.

Such other conditions which the Committee may deem appropriate under the circumstances. CIAcSa

SECTION 8. Motion for Extension of Temporary Lifting Order — A motion for extension of the effectivity of a TLO may be filed with the Committee at least fifteen (15) days before the expiration of the TLO with proof of service of copies thereof to the other parties in case there is a complainant. The other parties shall file with the Committee their comments within ten (10) days from receipt of the said motion. Only one motion for extension may be filed. The Committee shall not extend the TLO except upon motion of the respondent's, nor shall it grant the motion for extension unless the respondent presents proof that the remedial measures approved by the Committee in granting the TLO have been substantially instituted or that there has been a substantial improvement in the respondent's effluent.

SECTION 9. Failure to Comply — Should the respondent fail to abate the pollution or implement the remedial measures submitted, the Committee shall promulgate the appropriate decision, which shall include making the Cease and Desist Order permanent.

SECTION 10. Lifting of Cease and Desist Order and Dismissal of the Case — Where after a TLO has been issued or extended, there is a definite finding that the respondent's effluent or emissions have passed the allowable standards, the Committee may, upon proper motion, issue a resolution formally lifting the Cease and Desist Order and terminating the case, provided that, respondent has fully paid the fines and penalties imposed upon it and filed the necessary applications.

SECTION 11. Orders, Resolutions and Decisions — Every decision promulgated by the Committee shall be in writing with the seal of the Authority, signed by a majority of its members and approved by the General Manager and shall clearly and distinctively state the facts and law on which it is based. The Committee shall decide each case within thirty (30) days after it is deemed submitted.

 

The Committee shall make available for public inspection all decisions or final orders and resolutions in the adjudication of cases.

RULE VIII

Motion for Reconsideration

SECTION 1. Motion for Reconsideration — The respondent may move for the reconsideration of an Order, resolution or decision of the Committee by filing an appropriate motion specifically indicating the grounds therefore, with proof of service of copies thereof to the other parties in case there is a complainant within fifteen (15) days from receipt thereof. The other parties shall file comments within ten (10) days from receipt of the said motion. Thereafter, the motion shall be considered submitted for resolution, whether or not such comments are filed.

Only one motion for reconsideration of an Order, resolution or decision of the Committee shall be allowed. All papers and other documents subsequently filed shall be considered supplements. The Committee shall decide the motion for reconsideration shall suspend the running of the period to appeal.

SECTION 2. Grounds for Motion for Reconsideration — The grounds for Motion for Reconsideration under the Rules of Court may be invoked by an aggrieved party in his motion in addition to any other justifiable grounds that may be permitted by the Authority in the interest of justice and equity. cTEICD

RULE IX

Finality of Decision/Execution

SECTION 1. Finality of Orders, Resolutions or Decisions — Subject to the provisions of the preceding rule, except for the CDO, any order, resolution or decision of the Committee shall become final and executory after (15) days from the date of receipt thereof, unless a motion for reconsideration is filed or an appeal is perfected within said period.

SECTION 2. Execution of Order, Resolution or Order — Any order, resolution or decision of the Committee, after the same has become final and executory, shall be enforced and executed by the Enforcement Team.

SECTION 3. Enforcement Report — Within forty-eight (48) hours after the completion of the enforcement and execution, the enforcement team shall make a report to the Committee, signed by the team leader and by its members, on the whole of the proceeding taken to enforce and execute the order, resolution or decision, together with the corresponding proof of service.

RULE X

Fines/Penalties and Criminal Prosecution

SECTION 1. Administrative Fines — The Committee shall impose the administrative fine of FIVE THOUSAND PESOS (P5,000.00) pursuant to Section 39-A of Republic Act No. 4850, as amended, for any violation of the Rules and Regulations of the Authority. It shall likewise impose the fines and penalties provided for in Section 9 of Presidential Decree No. 984 for pollution related cases and those provided for in LLDA Board Resolution No. 42 series of 1997 and Board Resolution No. 113 series of 1999 for violation of fishpen and shoreland rules respectively, and such other violations as may be provided therein.

SECTION 2. Computation of Penalties for Pollution Related Cases — The amount of penalties shall be computed in accordance with the existing guidelines of the Committee. The amount of penalties shall be computed from the date of initial sampling when the violation was discovered until the date of the actual cessation of the pollution or actual clearance of the source of pollution unless the actual number of days of discharge is proven other wise by the respondent through verified documentary evidence.

The respondent shall be furnished a copy of the tentative computation of penalties during the public hearing for the dismissal of the case. The respondent may choose to pay said penalties, without prejudice to the final computation after evaluation of the documentary evidence submitted to justify a reduction of the penalties so imposed.

SECTION 3. Non-Payment of Fines and Penalties — In case the respondent failed to pay its accumulated fines and/or penalties despite proper demand, the Public Hearing Committee may, after ten (10) days from service of second and final demand letter, recommend the issuance of Cease and Desist Order for operating without valid clearance/permit. The Authority may require proper officer to whom it is directed to enforce the Cease and Desist Order.

The PHC may allow the respondent to pay his account on a staggered basis upon submission of a proposal with schedule of payment, subject to the approval of the General Manager.

SECTION 4. Criminal Prosecution — The institution of an action under these rules shall be without prejudice to and shall not bar a criminal prosecution for violation of the penal provisions of Presidential Decree No. 984 and its implementing rules and regulations. If the violator is a juridical person, the criminal case shall be filed against the managing head of the company or facility responsible for the violation. cHCaIE

RULE XI

Contempt

SECTION 1. Direct Contempt — The Committee or the hearing officer may cite in contempt and punish with a fine not exceeding Five Thousand (PHP 5,000.00) Pesos any person;

a) who fails or refuses to comply with the lawful orders, resolutions, decision, notice of hearing issued by the Authority.

b) who refuses entry into the premises of respondent to personnel duly authorized or deputized to conduct an inspection or sampling.

The institution of contempt charges by the Committee with the appropriate court or appropriate government agency concerned in accordance with the Rules of Court without prejudice to the institution of fines and penalties as provided for herein or existing laws, rules and regulations.

RULE XII

Appeals and Arbitration

SECTION 1. Appeals — Any party not satisfied with the decision or order of the Authority may, within fifteen (15) days from receipt thereof, file a notice of appeal stating thereof that it is appealing the case to the Office of the Secretary, Department of Environment and Natural Resources (OSEC-DENR) or directly to the Office of the President (OP), provided that, no simultaneous appeals shall be allowed. The decision or order of the Authority shall immediately be executory notwithstanding the appeal unless an order from the OSEC-DENR or OP is issued enjoining the implementation and the enforcement of the decision.

SECTION 2. Arbitration — The Public Hearing Committee duly constituted by the General Manager may act as arbitrator on any claim for reparation or restitution of damages and losses resulting from the pollution of water, air or land resources of the Laguna de Bay Region coming from point sources which are voluntarily brought before it for arbitration by any claimant who appears affected thereby, may take cognizant of the same taking into account the gravity and duration of the pollution, the extent and reasonable value of the damages and the evidence presented by the parties among other things.

SECTION 3. Proceedings in Arbitration — The arbitration proceedings shall be recorded and any settlement arrived at shall be reduced to writing, duly attested by the Public Hearing Committee and duly approved by the General Manager. The procedure on public hearing shall be applicable in arbitration proceedings.

SECTION 4. Assistance of Expert — Upon motion of either party or at the discretion of the Committee or hearing officer, the assistance of experts may be sought on any technical matter or issue material to the subject of the proceeding.

SECTION 5. Finality of an Award or Resolution — Any award or resolution of any case submitted for arbitration shall become final and executory fifteen (15) days after receipt of said award or resolution by the Committee.

SECTION 6. Execution of Award or Resolution — Award or resolution of the Committee in arbitration proceeding shall be enforced and executed in the same manner as an order, resolution and decision of the Committee. SEcAIC

RULE XIV

Miscellaneous Provisions

SECTION 1. Transitory Provision — All cases currently pending with the Public Hearing Committee shall within six (6) months from the effectivity of these rules, be subject to the provisions hereof.

SECTION 2. Separability Clause — If any section or provision of these rules and regulations or part thereof, is declared unconstitutional or invalid, the other sections or provisions thereof which are not affected thereby shall continue in full force and effect.

SECTION 3. Repealing Clause — All other policies issuances, rules and regulations of the Committee that are inconsistent with these rules are hereby repealed or modified accordingly.

SECTION 4. Effectivity Clause — These rules shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Date Filed: 21 April 2006

Adopted: 26 February 2004

(SGD.) ROSELLER Z. VALERAVice-Chairman

(SGD.) MAGNO C. GAZADirector

(SGD.) ZENAIDA C. MAGLAYADirector

(SGD.) TERESITA S. LAZARODirector

(SGD.) JORGE N. BERNARDODirector

(SGD.) BAYANI F. FERNANDODirector

(SGD.) CASIMIRO A. YNARES IIIDirector

ATTESTED BY:

(SGD.) ATTY. JOAQUIN G. MENDOZABoard Secretary V