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Section 48. Gross Violations - Environmental Laws

Section 48. Gross Violations of Environmental Laws. Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Environmental Laws

Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean: (a) three (3) or more specific offenses within a period of one (1) year; (b) three (3) or more specific offenses within three (3) consecutive years; (c) blatant disregard of the orders of the PAB, such as but not limited to the breaking of seal, padlocks and other similar devices, or operating despite the existence of an order for closure, discontinuance or cessation of operation; and (d) irreparable or grave damage to the environment as a consequence of any violation or omission of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.

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