Decision 23 G.R. No. 215988 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 Office Director EMB Central Office DENR Secretary Where to file the appeal Office of the EMB Director DENR Office of the 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-coverage. This is bolstered by the period provided for the filing of an appeal-within 15 days from receipt of such decision-since only a party to the application is entitled to receive it. However, as respondents posit, stakeholders are not precluded from filing an appeal as stated in Section 6's last sentence. This apparent contradiction was clarified in Boracay Foundation, Inc., where this Court ruled that an appeal under Section 6 only applies to a party to the proceedings before the appropriate agency: As petitioner correctly pointed out, the appeal provided for under Section 6 of DENR DAO 2003-30 is only applicable, based on the first sentence thereof, if the person or entity charged with the duty to exhaust 114 115 Id. at 81 (1996) [Per J. Vitug, First Division]. Department of Environment and Natural Resources Administrative Order No. 2003-30 (2003), <http://policy.denr.gov.ph/2003/dao2003-30.pdf> (last accessed on March 30, 2017). I

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