The Clean Air Act of 1999

Republic Act No. 8749

Tristan M. Canta
Glenn Mark J. Dacayanan

Air Pollution Clearances and Permits

The Department of Environment and Natural Resources shall have the authority to issue
permits as it may determine necessary for the prevention and abatement of air
pollution. Said permits shall cover emission limitations for the regulated air pollutants to
help attain and maintain the ambient air quality standards.

Pollution from Stationary Sources

Ban on incinerations
Incineration, defined as the burning of municipal, bio-medical and hazardous wastes,
which process emits poisonous and toxic fumes, is prohibited. The prohibition shall not
apply to traditional small-scale method of community/neighbourhood sanitation “siga”,
traditional, agricultural, cultural, health, and preparation and crematoria.

Pollution from Motor Vehicles

The DOTC(now DOTr) shall implement the emission standards for motor vehicles set
pursuant to and as provided in the Act. The Department shall review, revise and publish
the standards every two years, or as need arises. It shall consider the maximum limits
for all major pollutants to ensure substantial improvement in air quality.

Henares v. LTFRB
The petitioners in this case asked the Court to issue a writ of mandamus commanding
the respondents LTFRB and the DOTC to require public utility vehicles to use
compressed natural gas as alternative fuel. Petitioners contend that the use of
compressed natural gas will help in improving air quality as it produces fewer pollutants
than coal and petroleum.

In denying the petition, the Court explained that the function of the DOTC is limited to
implementing the emission standards set forth in RA 8749 and said that the law only
goes as far as setting the maximum limit for the emission of vehicles, but it does not
recognize compressed natural gas as alternative engine fuel. Although the legal
standing of the petitioners deserves recognition, the writ cannot be granted since there
is no law that mandates the respondents LTFRB and DOTC to order owners of motor
vehicles to use compressed natural gas.

Regulation of all 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 issued by the Department.

Pollution from other sources

Pollution from smoking

Smoking is prohibited inside a public building or an enclosed public place including
public vehicles and other means of transport or in any enclosed area outside of one’s
private residence, private place of work or any duly designated smoking area.

Institutional Mechanism

Department of Environment and Natural Resources

The Department shall be the lead agency responsible for the implementation and
enforcement of this Act. The Department shall consult, participate, cooperate and enter
into agreement with other government agencies, or with affected non-governmental
organizations or people’s organizations, or private enterprises in the furtherance of the
objectives of this Act.

Local Government Units

LGUs shall share responsibility in the management and maintenance of air quality within
their territorial jurisdiction.

Technology Developers, Inc. V. Court of Appeals

Facts: The Acting Mayor of Sta. Maria Bulacan received complaints from the residents of
Barangay Guyong. According to the residents, the petitioner’s plant emits fumes whose
offensive odor “not only pollute the air but also affect the health of the residents of the
area.” The Acting Mayor ordered the closure of the petitioner’s establishment based on
the complaint and petitioner’s failure to validate its permit and to install any device to
control the pollution and prevent any hazard to the health of the residents.

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

An Environment and Natural Resources Office may be established in every province,
city, or municipality headed by the environment and natural resources officer as
appointed by the local Chief Executive.

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

Where there are no environment and natural resources officers, the local executive may
designate any of his official and/or chief of office preferably the provincial, city, or
municipal agriculturist, or any of his employees provided that such employee must have
sufficient experience in environmental and natural resources management, conservation
and utilization.

Actions

Administrative actions involving stationary sources

Without prejudice to the right of any affected person to file an administrative action
agains, the Department shall, on its own instance or upon verified complaint by any
person, institute administrative proceedings against any person who violates the
provisions of this law.

Pollution and Adjudication Board (PAB)

The 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.

Actions before the Land Transportation Office

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 may file an appropriate civil, criminal or administrative action in the proper
courts against:
• 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.