CHAPTER XII: PHILIPPINE CLEAN AIR ACT (RA 8749)

- Enacted on June 23, 1999

- Principle: a clean and healthy environment is for the good of all and should be the concern of all

Declaration of Policy

- State’s policy of balancing development and environmental protection: sustainable development

- It shall be the policy of State to:

o Formulate national program of air pollution management

o Encourage cooperation and self-regulation among citizens and industries

o Focus on pollution prevention rather than on control and provide for a comprehensive
management program for air pollution

o Promote public information and eduction and encourage participation of public in air
quality planning and monitoring

o Formulate a system of accountability for environmental impact of a project

Recognition of rights

State shall seek to guarantee:

 Right to breathe clean air

 Right to utilize and enjoy all natural resources

 Right to participate in the formulation, planning, implementation and monitoring of

environmental policies and programs

 Right to participate in the decision making process

 Right to be informed of the nature and extent of the potential hazard of any activity or project

 Right of access to public records

 Right to bring action to enjoin activities in violation of environmental laws

 Righ to bring action for compensation of personal damages

Air pollution clearances and Permits

 DENR - 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

- these permits shall serve as management tools for the LGUs in the development of their
action plan
 Pollution from Stationary Sources

Ban on incinerations (burning of municipal, bio-mdical and hazardous wastes)

o not prohibited: small scale method of community sanition

 LGUs – mandated to promote, encourage and implement a comprehensive ecological waste

management (segregation, recycling and composting)

 DENR – promote the use of non-burn technologies

Pollution from motor vehicles

Pollution from motor vehicles

 DOTC – shall implement the emission standards for motor vehicles set pursuant to and as
provided in the act

o RA 8749 goes as far as setting the maximum limit for the emission of vehicles; cannot
recognize CNG as alternative engine fuel (Henares vs. LTFRB)

 DENR – shall review, revise and publish the standards every two years, or as the need arises.

Regulation of all vehicles and engines

 DENR – issues Certificate of Conformity (evidence that a new motor vehicle complies with the
emission standards)

 DOTC – conducts emission testing within 60 days prior to date of registration

o Can also be conducted by DOTC authorized inspection centers

 DTI – shall promulgate the necessary regulations prescribing the useful life of vehicles and engines
in order to ensure that such vehicles will conform to the emissions which they were certified to
meet

Pollution from other sources

Pollution from smoking

 LGUs – implements the prohibition of smoking 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
probate residence, private place of work or any duly designated smoking area

Pollution from other mobile sources

 DENR – in coordination with appropriate agencies, shall formulate and establish the necessary
standards for all mobile sources

 DOTC – imposes the appropriate fines and penalties from these sources for any violation of
emission standards

Other pollutants
Ozone depleting substances

 DENR - shall phase out ozone-depleting substances, consistent with the terms and conitions of
international agreements and protocols

Greenhouse gasses

 PAGASA – shall regularly monitor meteorological factors affecting environmental conditions; shall
coordinate with DENR to guide air pollution monitoring and standard-setting activities

 DENR – shall prepare and fully implement a national plan consistent with the United Nations
Framework Convention on Climate Change and other international agreements

Radioactive emissions

 PNRI (Philippine Nuclear Research Institute) – shall regulate all projects which will involve the
use of atomic and/or nuclear energy

Institutional mechanisms

Lead agency

 DENR – primary government agency responsible for the implementation and enforcement of this
Act.

o Shall coordinate with other government agencies, NGOs and POs (People’s
Organizations), or private enterprises in furtherance of the objectives of this Act.

 EMB (Environmental Management Bureau) – shall be a line bureau for a period of no more than
two years

Role of LGUs

 LGUs – shall implement air quality standards set by the Board in areas within their jurisdiction

o Town mayor – responsible for protecting its inhabitants from pollution

 May deny the application for a permit to operate a business or otherwise

close the same

Environment and Natural Resources Office

 ENRO – may be established in every province, city or municipality; shall be headed by the
environment and natural resources officer appointed by the Chief Executive of every province,
city or municipality.

Actions

Administrative action involving stationary sources

 DENR – shall institute administrative proceedings against any person who commits a violation
  PAB (Pollution Adjudication Board) – shall have the sole and exclusive jurisdiction over all cases
of air pollution and all matters related thereto, including the imposition of administrative
sanctions

o Action for the abatement of a private nuisance lies with the courts, not with the PAB (AC
Enterprises vs. Frabelle Properties Corporation)

Actions before the LTO

 DOTC – may commence actions for any violation of the motor vehicle pollution control laws (may
also be commenced by any person by filing a written complaint)

 Hearing officer – shall issue an order imposing the appropriated fines and directing the grounding
of the apprehended motor vehicle

 Any citizen (citizen suit) – may file an appropriate civil, criminal or administrative action against
any person who violates the Act, the Department or implementing agencies for orders or rules
issued inconsistent with this act, or any public officer who grossly neglect the performance of a
duty imposed by this Act.

Fines and penalties

Violation of standards for stationary sources

Not more than P100,000 – for actual exceedance of any pollution or air quality standards under
this Act or its rules and regulations

- For every day of violation against the owner or operator of a stationary source
until such time that the standards have been complied with

- PAB shall prepare a fine rating system to adjust the maximum fine based on the violator’s
ability to pay, degree of willfulness, degree of negligence, history of noncompliance and
degree of recalcitrance

- Fines prescribes shall be increased by at least ten percent every three years to
compensate for inflation and to maintain the deterrent function of such fines

Closure, suspension of development, construction or operations – may be issued by PAB until

such time that proper environmental safeguards are put in place

Permanent closure – for a third offense of an establishment

Violation of standards for motor vehicles

Continuing custody of the impounded vehicle – when the test result indicates an exceedance of
the emission standards; unless the appropriate penalties are fully paid and the license plate is
surrendered to the DOTC

- A pass shall be issued by DOTC to authorize the use of the motor vehicle within a
specified period that shall not exceed seven days for the purpose of making the
necessary repairs on the said vehicle
 Seminar – the driver and operator shall undergo a seminar on pollution control and management
conducted by the DOTC, together with the following penalties:

First offense – fine not exceeding P2,000

Second offense – fine not less than P2,000, but not more than P4,000

Third offense – one year suspension of the Motor Vehicle Registration and a fine of not
less than P4,000, but not more than P6,000

Violation of Section 21, par (d) – fine of not less than P30,000 or cancellation of license
of both the technician and the center, or both

Fines and penalties for violation of other provisions of the Act

For violations of all other provisions provided in this Act and of the rules and regulations
thereof – fine of not less than P10,000, but not more than P100,000

- Or six months to six years imprisonment

- Or both fine and imprisonment

Gross violations – means (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 order of the PAB

(d) Irreparable or grave damage to the environment

- PAB shall recommend to the proper government agencies to file the

appropriate criminal charges

- Imprisonment of not less than six years but not more than ten years at
the discretion of the court

Congressional oversight committee and implementing agencies

- To monitor the implementation of the Act

- Composed of five senators and five representatives to be appointed by Senate

President and the Speaker of the House of Representatives, respectively