Actions

Administrative Actions Involving Stationary Sources

Without prejudice to the right of any affected
person to file an administrative action, the Department
shall, on its own instance or upon verified complaint by
any person, institute administrative proceedings against
any person who violates:
a. Standards or limitation provided under this Act;
or
b. Any order, rule or regulation issued by the
Department with respect to such standard or
limitation.
Pollution and Adjudication Board
PAB shall have the sole and exclusive
jurisdiction over all cases of air pollution and all;
matters related thereto, including the imposition of
administrative sanctions, except as may be provided by
law.
Unless otherwise revised or amended, the
existing rules of the PAB shall apply.

Administrative Actions Involving Motor Vehicles
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 on
its own initiative, of by filing of a charge by any
deputized agent of the DOTC before the Land
Transportation Office.
The proceedings shall be summary in nature.

Citizen Suits
Any citizen may file an appropriate civil,
criminal, or administrative action in the proper courts
against:
Any person who violates or fails to comply with
this act.
The Department or other implementing
agencies with respect to orders, rules and
regulations issued inconsistent with this act.
Any public officer who willfully or grossly
neglects the performance of an act specifically
enjoined as a duty by this act or its
implementing rules and regulations
Suits and strategic legal actions against public
participation
Where a suit is brought against a person who
filed an action as provided in Section 41 of the Act, or
against any person, institution or government agency
that implements it, it shall be the duty of the
investigating prosecutor or the court, as the case may
be, to immediately make a determination not exceeding
thirty (30) days whether said 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 the Act. Upon determination thereof,
evidence warranting the same, the court shall dismiss
the case and award attorneys fees and double
damages.
This provision 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
Fines and Penalties for Violation of Standards for
Stationary Sources
For actual exceedance of any pollution on air
quality standards under the Act or its rules and
regulations,
The DEPARTMENT through the POLLUTION
ADJUDICATION BOARD, shall impose a fine of
not more than 100,000/ day of violation
The PAB shall order the closure, suspension of
development, construction or operations of the
stationary sources until such time that proper
environmental saeguards are put in place.
Fines and Penalties for Violation of Standards for
Motor Vehicles
Violation of Vehicle Emission Standards
First Offense fine of P1,000
Second Offense fine of P 3, 000
Third Offense fine of P 5,000 and the
offender must undergo a seminar on
pollution control and management
conducted by the DOTC/ LTO
Violation with regard to national inspection
and maintenance program (Sec. 21(d))
Any violation of the provisions with
regard to national inspection and
maintenance program, including
technicians and facility compliance shall
be penalized with a fine of fine of not
less than P 30,000 or cancellation of
license of both the technician and the
center, or both , as determined by the
DOTC.
Fines and Penalties for Violation of OTHER provisions
of the Act
Burning of Municipal Waste
o Any person who burn municipal waste
in violation of Sec. 1 and 3 of Rule XXV
shall be punished with 2 years and 1
day to 4 years imprisonment

Burning of Hazardous Substances and Wastes
o Any person who burns hazardous
substances and wastes in violation of
Sec. 1 of Rule XXV shall be punished
with 4 years and 1 day to 6 years of
imprisonment

Burning of Bio-Medical Waste
o Any person who burns bio-medical
waste in violation of Sec. 4 of Rule XXV
shall be punished with 4 years and 1
day to 6 years of imprisonment

Smoking in Public Places
o Any person who smokes inside a public
building or an enclosed public place,
including public utility vehicles or other
means of public transport or in any
enclosed area outside of his private
residence, private place of work or any
duly designated smoking area shall be
punished with 6 months and 1 day to 1
year imprisonment or a fine of P 10,000
Manufacture, Importation, Sale, Offer for Sal,
Introduction into Commerce, Conveyance or
other Disposition of Leaded Gasoline
o Any person who manufactures,
imports, sells, offers for sale, introduces
into commerce, conveys or otherwise
disposes of, in any manner leaded
gasoline shall be punished with 3 years
and 1 day to 5 years of imprisonment
and liable for appropriate fine

Manufacture, Importation, Sale, Offer for Sal,
Introduction into Commerce, Conveyance or
other Disposition of Engines and/or Engine
Components Requiring Leaded Gasoline.
o Any person who manufactures, imports,
sells, offers for sale, introduces into
commerce, conveys or otherwise
disposes of, in any manner engines
and/or engine components which
require the use of leaded gasoline shall
be punished with 3 years and 1 day to 5
years of imprisonment and liable for
appropriate fine

Manufacture, Importation, Sale, Offer for Sale,
Dispensation, Transportation or Introduction
into Commerce of Unleaded Gasoline Fuel
which do not Meet the Fuel Clasification
o Any person who manufactures,
imports, sells, offers for sale, introduces
into commerce unleaded premium
gasoline fuel in violation of Sec. 3 of
Rule XXXI or which do not meet the fuel
specifications as revised by the DOE
shall be punished with 3 years and 1
day to 5 years imprisonment and liable
for appropriate fine

Manufacture, Importation, Sale, Offer for Sale,
Dispensation, Transportation or Introduction
into Commerce of Automotive Diesel Fuel
which do not Meet the Fuel Specification
o Any person who manufactures, imports,
sells, offers for sale, introduces into
commerce automotive diesel fuel in
violation of Sec. 3 of Rule XXXI or which
do not meet the fuel specifications as
revised by the DOE shall be punished
with 3 years and 1 day to 5 years of
imprisonment and liable for appropriate
fine

Manufacture, Importation, Sale, Offer for Sale,
Dispensation, Transportation or Introduction
into Commerce of Industrial Diesel Fuel which
do not Meet Fuel Specification
o Any person who manufactures, imports,
sells, offers for sale, introduces into
commerce industrial diesel fuel in
violation of Sec. 3 of Rule XXXI or which
do not meet the fuel specifications as
revised by the DOE shall be punished
with 3 years and 1 day to 5 years of
imprisonment and liable for appropriate
fine

Manufacture, Processing, Trade of Fuel or Fuel
Additive Without Prior Registration of the Fuel
or Fuel Additive with the DOE
o Any person who manufactures,
processes or engages in the trade of
any fuel or fuel additive without having
the fuel or fuel additive registered with
the DOE shall be punished with 2 years
and 1 day to 4 years imprisonment and
liable for appropriate fine

Misfuelling
o Refers to the act of introducing or
causing or allowing the introduction of
leaded gasoline into any motor vehicle
equipped with a gasoline tank filler inlet
and labeled unleaded gasoline only
o Any person who misfuels shall be
punished with 3 years and 1 day to 5
years of imprisonment and liable for
appropriate fine.

Gross Violation
Gross violations of the Act or the rules and
regulations shall mean:
3 or more specific offenses within a
period of 1 year
3 or more specific offenses within 3
consecutive years
Blatant disregard of the PAB
Irreparable or grave damage to the
environment as a consequence of any
violation or omission of the provisions
of the Act or the rules and regulations
Penalties
Imprisonment of not less than 6 years
but not more than 10 years