E-Library - Information At Your Fingertips: Printer Friendly 17 of 40 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65160 It is not applicable (1) where the question in dispute is purely a legal one, or (2) where the controverted act is patently illegal or was performed without jurisdiction or in excess of jurisdiction; or (3) where the respondent is a department secretary, whose acts as an alter ego of the President bear the implied or assumed approval of the latter, unless actually disapproved by him, or (4) where there are circumstances indicating the urgency of judicial intervention . . . . Said principle may also be disregarded when it does not provide a plain, speedy and adequate remedy, . . . when there is no due process observed . . . or where the protestant has no other recourse . . . .[114] Article II, Section 6 of Department of Environment and Natural Resources Administrative Order No. 2003-30 provides: Section 6. Appeal. — Any party aggrieved by the final decision on the [Environmental Compliance Certificate]/[Certificate of Non-Coverage] applications may, within 15 days from receipt of such decision, file an appeal on the following grounds: a. Grave abuse of discretion on the part of the deciding authority, or b. Serious errors in the review findings. The [Department of Environment and Natural Resources] may adopt alternative conflict/dispute resolution procedures as a means to settle grievances between proponents and aggrieved parties to avert unnecessary legal action. Frivolous appeals shall not be countenanced. The proponent or any stakeholder may file an appeal to the following: Deciding Authority EMB Regional Director Where to file the appeal Office Office of the EMB Director EMB Central Office Office of Secretary the DENR DENR Secretary Office of the President[115] The first sentence of Section 6 shows that the remedy of appeal is only available to a party that applied for an environmental compliance certificate or certificate of non- 4/23/2020, 10:52 AM