This case has been cited 2 times or more.
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2013-06-25 |
PERLAS-BERNABE, J. |
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| A perusal of the deliberations of Congress on Senate Bill No. 2723,[61] which became R.A. 9262, reveals that while the sponsor, Senator Luisa Pimentel-Ejercito (better known as Senator Loi Estrada), had originally proposed what she called a "synthesized measure"[62] an amalgamation of two measures, namely, the "Anti-Domestic Violence Act" and the "Anti- Abuse of Women in Intimate Relationships Act"[63] providing protection to "all family members, leaving no one in isolation" but at the same time giving special attention to women as the "usual victims" of violence and abuse,[64] nonetheless, it was eventually agreed that men be denied protection under the same measure. We quote pertinent portions of the deliberations: Wednesday, December 10, 2003 | |||||
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2004-11-11 |
AUSTRIA-MARTINEZ, J. |
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| In Pollution Adjudication Board vs. Court of Appeals,[30] we stated that the PAB is the very agency of the government with the task of determining whether the effluents of a particular industrial establishment comply with or violate applicable anti-pollution statutory and regulatory provisions.[31] We also recognized its power to issue, ex parte, cease and desist orders, thus:. . . under . . . Section 7(a) of P.D. No. 984, an ex parte cease and desist order may be issued by the (PAB) (a) whenever the wastes discharged by an establishment pose an "immediate threat to life, public health, safety or welfare, or to animal or plant life," or (b) whenever such discharges or wastes exceed "the allowable standards set by the [NPCC]." . . . [I]t is not essential that the Board prove that an "immediate threat to life, public health, safety or welfare, or to animal or plant life" exists before an ex parte cease and desist order may be issued. It is enough if the Board finds that the wastes discharged do exceed "the allowable standards set by the [NPCC]." In respect of discharges of wastes as to which allowable standards have been set by the Commission, the Board may issue an ex parte cease and desist order when there is prima-facie evidence of an establishment exceeding such allowable standards. Where, however, the effluents or discharges have not yet been the subject matter of allowable standards set by the Commission, then the Board may act on an ex parte basis when it finds at least prima facie proof that the wastewater or material involved presents an immediate threat to life, public health, safety or welfare or to animal or plant life. . . . | |||||