Section 7.

  1. Public Hearing. —

    Public hearings shall be conducted by the Commissioner, Deputy Commissioners or any senior official duly designated by the Commissioner prior to issuance or promulgation of any order or decision by the Commissioner requiring the discontinuance of discharge of sewage, industrial wastes or other wastes into the water, air or land resources of the Philippines as provided in this Decree: Provided, That whenever the Commission find a prima facie evidence that the discharged sewage or wastes are of immediate threat to life, public health, safety or welfare, or to animal or plant life, or exceeds the allowable standards set by the Commission, the Commissioner may issue an ex-parte order directing the discontinuance of the same or the temporary suspension or cessation of operation of the establishment or person generating such sewage or wastes without the necessity of a prior public hearing. The said ex-parte order shall be immediately executory and shall remain in force until said establishment or person prevents or abates the said pollution within the allowable standards, or modified or nullified by a competent court.

    All records of the proceedings of said hearings shall be filed with the Commission. All inquiries, hearings, investigations and proceedings conducted by the Commission shall be governed by rules adopted by the Commission, and in the conduct thereof the Commission shall not be bound by technical rules of evidence: Provided, That the Commissioners or any of the duly designated Hearing Officers may summarily punish for contempt, by a fine not exceeding two hundred pesos, any person committing such misconduct in the presence of any of the Commissioners or any of the duly designated Hearing Officers, or so near to them as to seriously interrupt any hearing or session or any proceeding, or any person willfully fails or refuses, without just cause, to comply with a summon, subpoena, or subpoena duces tecum issued by the Commissioners or by the duly designated Hearing Officer or, being present at a hearing, session or investigation, refuses to be sworn as a witness or to answer questions when lawfully required to do so. The Sheriff or other police agencies of the place where the hearing or investigation is conducted, shall, upon request of the Hearing Officer, assist in the enforcement of the provisions of this paragraph.

  2. Appeal to Courts. —

    Any decision of the Commission, in the absence of an appeal therefrom as herein provided, shall become final fifteen days after the date of notification, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted the remedies before the Commission. The Commission shall be deemed to be a party to any judicial action involving any decision.

  3. Court Review. —

    The decision of the Commission upon any disputed matter may be reviewed both upon the law and the facts of the case by the Court of Appeals. For purposes of such review, the procedure concerning appeals from the Court of First Instance shall be followed. Appeal from a decision of the Commission must be perfected within fifteen days from notification of such decision: Provided, however, That any decision of the Commission involving only questions of law, shall be appealed to the Supreme Court. No appeal shall stay the execution of any order or decision of the Commission unless the Commissioner himself or the Court of Appeals or the Supreme Court so orders.

  4. Execution of Decision. —

    Any decision or order of the Commission, after the same has become final and executory, shall be enforced and executed in the same manner as decisions of Courts of First Instance, and the Commission shall have the power to issue to the City or Provincial Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be necessary for the enforcement of such decision or order and any person who shall fail or refuse to comply with such decision, order, or writ, after being required to do so shall, upon application by the Commission, be punished by the proper court for contempt.