Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 07-349
“A RESOLUTION FURTHER AMENDING SECTION 1 OF PCSD RESOLUTION NO. 03-207, REPLACING THE BUSINESS SECTOR REPRESENTATIVE WITH THE PROVINCIAL PROSECUTION OFFICE REPRESENTATIVE AS MEMBER OF THE PCSD ADJUDICATION BOARD (PAB) “
WHEREAS, R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992, Section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;
WHEREAS, Section 19 of said law empowers the PCSD “to formulate plans and policies as may be necessary to carry out the provisions of SEP” and to “adopt, amend and rescind such rules and regulations and impose penalties therefor for its effective implementation”;
WHEREAS, the Council, through Resolution No. 02-202 re-activated the PCSD Legal Committee which was reconstituted by Resolution No 03-207 as the PCSD Adjudication Board when assembled as a quasi-judicial body and delegated thereto the quasi-judicial power to adjudicate violations of PCSD Administrative Orders;
WHEREAS, Section 1 of the subject resolution, which was amended by PCSD Resolution No. 04-238, provides for the membership of PCSD Adjudication Board, especially including therein the representative from the business sector;
WHEREAS, the nature of the powers, functions and duties of the PAB, being a quasi-judicial body, necessitates, to some extent, a background of the legal procedures prevailing in the country or of the existing legal system;
WHEREAS, the Provincial Prosecution Office has recently been admitted as council member, which is being represented by a lawyer;
WHEREAS, upon the suggestion of the PAB Chairman, the Council interposes no objection to the substitution of the business sector representative with the representative of the Provincial Prosecution Office as member of the PAB;
WHEREFORE, upon motion of Secretary Alfredo E. Abueg, Jr.,duly seconded, the Council resolves, as it is hereby resolved, to further amend Section 1 of PCSD Resolution No. 03-207, as it is hereby amended, replacing the business sector representative with the Provincial Prosecution Office representative as member of the PCSD Adjudication Board, and shall therefore read as follows:
“Section 1. Composition of the PCSD Quasi-Judicial Body to be known as Adjudication Board. The PCSD quasi-judicial body, now called the PCSD Adjudication Board, shall be composed of the following:
a) the most senior lawyer-member of the PCSD as Chairperson;
b) the following shall serve as members:
“ (i) the PCSDS Executive Director
(ii) any member of the PCSD, preferably a lawyer
(iii) the NGO representative, and
(iv) the representative of the Provincial Prosecution Office.”
In the absence of any lawyer-member in the PCSD, the Council shall designate any member of good standing and reputation as Chairman of the Adjudication Board. In the same manner, in the event that the membership of other Board members in the Council expires, vacated, or otherwise incapacitated, the Board Chairman is hereby authorized to designate any member of good standing and reputation as member of the Adjudication Board, until such time that their successors are duly admitted as Council members.
RESOLVED FINALLY, that copy of this resolution be furnished the representatives of the Business Sector, the Provincial Prosecution Office and other concerned entities for information and guidance.
ADOPTED AND APPROVED this 14th day of December 2007 at Puerto Princesa City.
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I hereby certify that the above-quoted Resolution has been duly adopted and approved by the PCSD on the 14th day of December 2007 at Puerto Princesa City.
|ROMEO B. DORADO
GOV.MARIO JOEL T. REYES