Pollution Adjudication Board v. CA, 195 SCRA 112 [Case Digest]

 

Pollution Adjudication Board v. CA,

195 SCRA 112

Facts:

            Pollution Adjudication Board issued an ex parte cease and desist orders to Solar Textile Finishing Corp (Private Respondent) from utilizing its wastewater pollution source installations which were discharging untreated wastewater directly into a canal leading to the adjacent Tullahan-Tinejeros River.

            Solar contends that under the Board's own rules and regulations, an ex parte order may issue only if the effluents discharged pose an "immediate threat to life, public health, safety or welfare, or to animal and plant life." According to Solar, the inspection reports before the Board made no finding that Solar's wastewater discharged posed such a threat.

 

Issue:

            Whether or not the ex parte cease and desist orders issued by the Pollution Adjudication Board are permitted by law and regulations.

 

Held:

            Yes.

 

Ratio:

            In situations such as stopping the continuous discharge of pollutive and untreated effluents into the rivers and other inland waters. The relevant pollution control statute and implementing regulations were enacted and promulgated in the exercise of police power. The ordinary requirements of procedural due process yield to the necessities of protecting vital public interests through the exercise of police power.