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•DENR- the primary Government agency

responsible for the implementation and


enforcement of this act. They shall consult,
participate, cooperate and enter into agreement
with other Government agencies or with affected
NGOs or POs, or private enterprise in the
furtherance of the objectives of this Act.
•Department’s Environment Management Bureau
(EMB)- shall be converted from staff bureau to a
line bureau for a period of less than two years,
unless a separate comprehensive environmental
management agency is created.
LGUs shall share the responsibility in
the management and maintenance of
air quality within their territorial
jurisdiction.

Consistent with Sec. 7,8, and 9 of the


Act, LGUs shall implement air quality
standards set by the board in areas
within their jurisdiction.
In Technology Developers, Inc. vs
Court of Appeals,
• the Court ruled that 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, now Pollution
Adjudication Board (PAB), 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 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.
Established in every province,
city, or municipality in
accordance with Section 484
of RA No. 7160.
Powers and Duties
a. To prepare comprehensive air quality
management programs, plans and strategies
within the limits set forth in RA no. 7160 and
this Act which shall be implemented within its
territorial jurisdiction upon the approval of the
sanggunian;
b. 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;
c. To take the lead in all efforts concerning air
protection and rehabilitation;
d. To recommend to the board air quality
standards which shall not exceed the maximum
permissible standards set by national laws.
e. To coordinate with other government agencies
and non-government organization in thee
implementation of measures to prevent and
control air pollution;
f. Exercise such other powers and perform such
duties and functions and may be prescribe by
law or ordinance
16. Administrative action involving
stationary sources.
The DENR 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
b. Any order, rule or regulation issued by the
DENR with respect to such standard or
limitation.
• 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.
• Action for abatement of private nuisance lies with
the courts, not with the PAB nor the sanguniang
bayan
• Any violation of motor vehicle pollution
control laws may be commenced by any
person by filling a written complaint, or by the
DOTC before the hearing officer. The
proceedings shall be summary in nature. The
Rules of Court shall not apply except in a
supplemental character.
Any Filipino Citizen in
representation of others,
including minors or generations
yet unborn, may file an action to
enforce rights or obligations
under the environmental laws.

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