Document No. : PM-XXX-XX Eff.

Date : xx-xx-xx
PROCEDURES MANUAL
Revision No. : 00 Pages : 1 of 5
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CASE FILING PROCEDURE

I. OBJECTIVE
This procedure provides a uniform procedure in the filing of a complaint, conduct of
technical conferences, elevation of cases cognizable by the PAB, issuance of
Resolutions/Order, and filing of a Motion for Reconsideration.

II. SCOPE
This procedure covers the disposition of complaint filing, conduct of technical conference,
elevation of the case to the PAB, issuance of Resolutions/Order, and filing of a Motion for
Reconsideration.

III. RESPONSIBILITY AND RESOURCES

IV. DEFINITION OF TERMS

Cease and Desist Order (CDO)- shall refer to a formal demand immediately directing a
person, facility, or any business entity to stop or refrain from doing, conducting an act or
continuing a particular activity or course of action in violation of environmental laws; such
as but not limited to, the operation of a particular machine, equipment, process or activity
or doing a particular act expressly prohibited by law.

Decision- refers to the ruling of the EMB Director or Regional Director granting or denying
the opposition to the application for a permit, registration or accreditation, or to the judgment
of the EMB Director or Regional Director on a complaint files under adjudicatory procedure.
Every decision promulgates by the EMB Director or Regional Director shall be in writing
and shall clearly and distinctly state the facts and the law to which it is based.

Prepared by: Approved by:

Management Representative General Manager
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Hearing Officer – officer designates by the EMB Regional Director to conduct the technical
conference.

Investigation Officer- officer designated by the EMB Regional Director to investigate on

the complaint or any reported environmental law violation.

Order- refers to the ruling which disposes of motions, matters or issues raised before the
EMB Director or Regional Director. Every Order promulgated by the EMB Director or
Regional Director shall be in writing and shall clearly and distinctly state the facts and the
law on which it is based.

Resolution- refers to the ruling formally lifting the InterimCDO or terminating the case filed
under adjudicatory procedure. Every Order promulgated by the EMB Director or Regional
Director shall be in writing and shall clearly and distinctly state the facts and the law on
which it is based.

Respondent- the person defending or denying; the party against whom a complaint is filed
against.

Technical Conference- a meeting between the EMB and the Respondent, with or without
the presence of a complaint, for the purpose of discussing/clarifying particularly
environmental concerns, pollution prevention commitment and appropriate technical
solutions, and/or remedial measures for the prevention, abatement, or mitigation of
pollution.

V. REFERENCE DOCUMENTS

EMB MANUAL OF UNIFORM PROCEDURE

VI. RECORDS GENERATED

PROPRIETARY NOTICE
THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO MINES AND GEOSCIENCES BUREAU (STATE REGION) ANY DISCLOSURE OR USE IS EXPRESSLY PROHIBITED
EXCEPT UPON WRITTEN PERMISSION BY MINES AND GEOSCIENCES BUREAU (STATE REGION).
 PROCEDURES MANUAL
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DISPOSITION OF COMPLAINT FILING, CONDUCT OF TECH.CON, ELEVATION OF CASE TO PAB,
RESOLUTIONS/ORDERS, MOTION FOR RECONSIDERATION
VII. PROCEDURES AND PROCESS FLOW

Responsible Retained
No. Process Flow Description of Activity Guidelines/Criteria/Policy
Person Information

1.1. The EMB Regional Office

receives the Complaint filed
directly before it or before the
DENR PENRO/CENRO, the
EMB Central Office, or the PAB. The Regional
01
Director
1.1.1. The Regional Director
(RD) shall within 3 days order
the investigation of the
complaint.

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START

2.1 The Report should be

submitted to the RD within 15 The Regional
02
days. Director

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DISPOSITION OF COMPLAINT FILING, CONDUCT OF TECH.CON, ELEVATION OF CASE TO PAB,
RESOLUTIONS/ORDERS, MOTION FOR RECONSIDERATION
2.2 If after investigation there is a If action is initiated by the
prima facie evidence of a Dept. or RO through a Notice of
violation, the RD shall give the Violation (NOV), the RD shall
respondent notice thereof and set set a date for a Technical
A a date for a Technical Conference (TC).
Conference.
The TC shall be held within 15
2.2.1 If prima facie evidence days from the date of the NOV.
exists that the complained action
constitutes an immediate threat to
life, public health, safety or
welfare, or to animal of plant life, or
03
will cause irreparable harm or
damage to the environment, or
greatly exceeds allowable DENR
standards, RD issues Interim
CDO.

2.2.2 The RD endorses the case

to the PAB within 24 hours with
B
recommendation that the PAB
issues a regular CDO.

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DISPOSITION OF COMPLAINT FILING, CONDUCT OF TECH.CON, ELEVATION OF CASE TO PAB,
RESOLUTIONS/ORDERS, MOTION FOR RECONSIDERATION

3.1 The Hearing Officer requires

respondent to submit prescribed
position paper accompanied by
supporting documents and
affidavits within 10 days from
receipt of notice.

3.2 The Technical Conference is

conducted.

3.2.1 The Hearing Officer shall

furnish the PAB, EMB Director or
EMB Regional Director copies of
commitments executed by
respondent within 72 hours from
submission.

3.2.2 After the Hearing Officer

gathers all pertinent facts and
determines that there is no need
for further hearing, he submits to
the EMB Director or Regional
Director a report within 15 days,
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DISPOSITION OF COMPLAINT FILING, CONDUCT OF TECH.CON, ELEVATION OF CASE TO PAB,
RESOLUTIONS/ORDERS, MOTION FOR RECONSIDERATION
indicating the findings and
recommendations, together with
the original records of the case.

3.2.3 Within 15 days from receipt of

the Hearing Officer’s Report, the
Regional Office elevates the case
to the PAB, when appropriate, and
transmits the original records of
the case, with recommendations.

4.1 Upon the expiration of the

Does the respondents comply
period agreed upon in the TC, a
with DENR Standards and/or
follow-up inspection is conducted
commitments?
by the RO, after which a report is
prepared.

4.1.1 The case is elevated to

the PAB within 15 days with a
recommendation of the fines,
and/or sanctions to be imposed.

or

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DISPOSITION OF COMPLAINT FILING, CONDUCT OF TECH.CON, ELEVATION OF CASE TO PAB,
RESOLUTIONS/ORDERS, MOTION FOR RECONSIDERATION
4.1.2 The case is elevated to
the Board within 15 days with
recommendation for issuance of
CDO and the imposition of fines.

5.1 Respondent files a motion to lift

the Interim CDO, with proof of
service of copies to the other
parties, who may file their
comments within 10 days from
receipt of the motion.

5.1.1 The motion is set for

hearing. The filing of the motion Is Motion to Lift Interim CDO
does not stay the granted?
enforcement/execution of the
Interim CDO.

5.1.2 If Yes—Where, after a

Temporary Lifting Order has been
issued or extended, the EMB
Director or Regional Director may,
issue a resolution formally lifting
the Interim CDO and terminating
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the case, provided that
respondent fully pays the fines.

5.1.3 If NO—The motion shall be

denied.

6.1 Respondent files a motion for

reconsideration of an
order/resolution/decision of the
EMB Director or Regional Director
with proof of service to the other
parties, within 15 days from
notice.

61.1 The other parties files their The motion for reconsideration
comments with the EMB is deemed submitted for
Director/Regional Director within resolution, with or without
10 days from receipt of the motion comments. Only one motion for
for reconsideration. reconsideration is allowed.

7.1 The EMB Director/Regional

Director resolves the motion within
30 days from filing.
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RESOLUTIONS/ORDERS, MOTION FOR RECONSIDERATION

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