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Reporters:
The right to utilize and enjoy all natural resources according to the principle of
sustainable development;
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the
ambient air quality standards. These permits shall serve as management tools for the LGUs in the
development of their action plan.
Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated
as special air shed to allocate emission quotas to pollution sources within its jurisdiction that qualify under
an environmental impact assessment system programmatic compliance program pursuant to the
implementing rules and regulations of Presidential Decree No. 1586.
Pollution from Stationary Sources
Art. 3
Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from
the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore
arises, revise and publish emission standards, to further improve the emission standards for
stationary sources of air pollution. Such emission standards shall be based on mass rate of
emission for all stationary sources of air pollution based on internationally-accepted standards,
but not be limited to, nor be less stringent than such standards and with the standards set forth in
this section. The standards, whichever is applicable, shall be the limit on the acceptable level of
pollutants emitted from a stationary source for the protection of the public's health and welfare.
Pollution from Stationary Sources
Art. 3
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, bio-medical and
hazardous wastes, which process emits poisonous and toxic fumes, is hereby prohibited: Provided, however,
That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation
"siga", traditional, agricultural, cultural, health, and food preparation and crematoria.
Provided, further, That existing incinerators dealing with bio-medical wastes shall be phased out within three
(3) years after the effectivity of this Act: Provided, finally, That in the interim, such units shall be limited to the
burning of pathological and infectious wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in their respective
jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and
composting. With due concern on the effects of climate change, the Department shall promote the use of state-
of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal
destruction, utilization, and disposal of sorted, unrecycled, uncomposted municipal, bio-medical and hazardous
wastes.
Pollution from Motor Vehicle
Art. 4
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission
standards for motor vehicles set pursuant to and as provided in this Act. To further improve
the emission standards, the Department shall review, revise and publish the standards every
two (2) years, or as the need arises. It shall consider the maximum limits for all major
pollutants to ensure substantial improvement in air quality for the health, safety and welfare
of the general public.
Pollution from Motor Vehicle
Art. 4
Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally-assembled new motor vehicle shall not be
registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC)
issued by the Department. Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be
registered unless it complies with the emission standards set pursuant to this Act. In case of non-compliance, the importer or
consignee may be allowed to modify or rebuild the vehicle or engine so that it will be in compliance with applicable emission
standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated
in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days
prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to
ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions
for ensuring the durability of emission devices.
Pollution from Motor Vehicle
Art. 4
Section 23. Second-Hand Motor Vehicle Engines. - Any imported secondhand motor
vehicle engine shall not be introduced into commerce, sold or used unless it complies
with emission standards set pursuant to this Act.
Henares VS LTFRB
On the other hand, the Solicitor General said that the respondent government agencies, the DOTC and the LTFRB, are not in a
position to compel the PUVs to use CNG as alternative fuel. He explained that the function of the DOTC is limited to
implementing the emission standards set forth in Rep. Act No. 8749 and the said law only goes as far as setting the maximum
limit for the emission of vehicles, but it does not recognize CNG as alternative engine fuel. He recommended that the petition
should be addressed to Congress for it to come up with a policy that would compel the use of CNG as alternative fuel.
Henares VS LTFRB
ISSUES
Ruling
1. Mandamus is available only to compel the doing of an act specifically enjoined by law as a duty. Here, there is no law
that mandates the respondents LTFRB and the DOTC to order owners of motor vehicles to use CNG. At most the
LTFRB has been tasked by E.O. No. 290 in par. 4.5 (ii), Section 4 “to grant preferential and exclusive Certificates of
Public Convenience (CPC) or franchises to operators of NGVs based on the results of the DOTC surveys.
In addition, under the Clean Air Act, it is the DENR that is tasked to set the emission standards for fuel use and the
task of developing an action plan. As far as motor vehicles are concerned, it devolves upon the DOTC and the line
agency whose mandate is to oversee that motor vehicles prepare an action plan and implement the emission
standards for motor vehicles, namely the LTFRB.
Ruling
2. No. Petitioners are unable to pinpoint the law that imposes an indubitable legal duty on respondents that will justify a grant
of the writ of mandamus compelling the use of CNG for public utility vehicles. The legislature should provide first the specific
statutory remedy to the complex environmental problems bared by herein petitioners before any judicial recourse by
mandamus is taken.
In addition, the petition had been mooted by the issuance of Executive Order No. 290, which implemented a program on the
use of CNG by public vehicles. The court was assured that the implementation for a cleaner environment is being addressed.
Philippine Clean Air Act of 1999
Republic Act No. 8749
Pollution from Other Sources
Greenhouse gases.
Radioactive emissions.
Institutional Mechanism
Issue: Whether or not the mayor of a town has the authority to deny the issuance of permit to operate a
business or to otherwise close the same.
Ruling: While it is true that the matter of determining whether there is a pollution of the environment that requires control if not prohibition of the operation of a business is
essentially addressed to the then National Pollution Control Commission of the Ministry of Human Settlements, now the Environmental Management Bureau of the
Department of Environment and Natural Resources, it must be recognized that the mayor of a town has as much responsibility to protect its inhabitants from pollution, and
by virtue of his police power, he may deny the application for a permit to operate a business or otherwise close the same unless appropriate measures are taken to control
and/or avoid injury to the health of the residents of the community from the emissions in the operation of the business.
Environment and Natural Resources Office
Powers and duties:
• To prepare comprehensive air quality management programs, plans and
strategies
• To provide technical assistance and support to the governor or mayor, in
carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities relative to air quality
• To take lead in all efforts concerning air quality protection and
rehabilitation
• To recommend to the Board air quality standards
• To coordinate with other government agencies and non-governmental
organizations in the implementation of measures to prevent and control
air pollution
Administrative action involving stationary
sources
Actions for any violation of the motor vehicle pollution control laws may be
commenced by any person by filing a written complaint, or by the DOTC DOTr
on its own initiative, or by filing of a charge by any deputized agent of the DOTr
before the hearing officer.
Order or decision
If the respondent admits the charge, the hearing officer shall issue an order
imposing the appropriated fines and directing the grounding of the
apprehended vehicle.
Citizen Suits
• Any person who violates or fails to comply with the provisions of this Act or
its IRR
• The Department or other implementing agencies with respect to orders,
rules and regulations issued inconsistent with the law
• Any public officer who wilfully or grossly neglects the performance of an
act specifically enjoined as a duty by this Act or its IRR; or abuses his
authority; or in any manner, improperly performs his duties.
Strategic lawsuit against public
participation(SLAPP)
Where a suit is brought against a person who filed an action as provided in
Section 41 of the Act (Citizen Suits), or against any person, institution or
government agency that implements it, it shall be the duty of the
investigating prosecutor or the court, to make a determination whether the
legal action has been filed to harass, vex, exert undue pressure or stifle such
legal recourses of the person complaining of or enforcing the provisions of
this Act. Upon determination thereof, evidence warranting the same, the
court shall dismiss the case and award attorney’s fees and double damages.
This shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority,
and done in the course of enforcing the Act.
Fines and Penalties
A fine of not more than PhP100,000 for every day of violation shall be
imposed against the owner or operator of a stationary source until
such time that the standards have been complied with.
Land-use Classification Points Pollution Load Points Points Fines/day
Urban Industrial/ 5 Exceedance 20 or less 100.00
Commercial Up to 7 5 21 - 30 200.00
Urban Residential 10 7.1 - 15 15 31 - 40 350.00
Rural Industrial/ 20 15.1 - 22 25 41 - 50 550.00
Commercial 22.1 - 30 35 51 - 60 1,000.00
Rural Residential/ 30 30.1 - 40 50
Agricultural/ Protected 61 - 70 2,000.00
Areas More than 40 70 71 - 80 3,000.00
81 - 90 4,000.00
91 – 100 5,000.00
In case the third offense was committed within a year from the commission of
the first offense, an additional penalty of suspension of the Motor Vehicle
Registration for a period of 1 year shall be imposed.
Fines and penalties
• Other provisions – fine of not less than ten thousand pesos (PhP 10,000.00)
but not more than one hundred thousand pesos (PhP 100,000.00) or six (6)
years imprisonment or both
• Burning of Municipal Waste – imprisonment for two years and one day to
four years
• Burning of Bio-Medical Waste — imprisonment for four years and one day
to six years
• Smoking in Public Places – imprisonment for six months and one day to one
year or a fine of ten thousand pesos (PhP 10,000.00)
• Under Executive Order No. 26, violations of the smoking ban in public
spaces shall be fines as follows:
PhP 500 – PhP 1,000 for the first offense
PhP 1,000 - PhP 5,000 for the second offense
PhP 5,000 – PhP 10,000 for the third offense
Penalties for gross violations
Gross violation shall mean: (a) three or more specific offenses within a period
of one year; (b) three or more specific offenses within three consecutive years;
(c) blatant disregard of the orders of the Pollution Adjudication Board (PAB);
and (d) irreparable or grave damage to the environment as a consequence of
any violation or omission of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six years but
not more than ten years at the discretion of the court.