NATRES Philippine Clean Air Act
NATRES Philippine Clean Air Act
The Department shall have the authority to Any (1) imported new or locally-assemb led
issue permits as it may determine necessary new motor vehicle, (2) imported new motor
for the prevention and abatement of air vehicle engine, and (3) imported used motor
pollution. vehicle or rebuilt motor vehicle using new or
Said permits shall cover emissio n used engines, major parts or components
limitations for the regulated air pollutants to SHALL NOT BE REGISTERED UNLESS
help attain and maintain the ambient air IT COMPLIES WITH THE EMISSION
quality standards. These permits shall serve STANDARDS SET PURSUANT TO THIS
as management tools for the LGUs in the ACT, as evidenced by Certificate of
development of their action plan. Conformity issued by the DENR.
In case of non-compliance, the importer or
consignee may be allowed to MODIFY OR
Pollution from Stationary Sources REBUILD the vehicle or engine so that it will
be in compliance with applicable emissio n
Ban on incinerations standards
INCINERATION is the burning of
No motor vehicle registration (MVR) shall be
municipal, bio-medical and hazardous
issued unless such motor vehicle passes the
wastes, which process emits poisonous and emission testing requirement conducted by
toxic fumes. Incineration is prohibited. the DOTC or its authorized inspectio n
But such prohibition shall not apply to centers within 60 days prior to date of
traditional small-scale method of registration
community/neighborhood sanitation “siga”,
The DTI shall promulgate the necessary
traditional, agricultural, cultural, health, and regulations prescribing the useful life of
food preparation and crematoria.
vehicles and engines including devices in
DENR shall promote the use of STATE-OF- order to ensure that such vehicles will
THE-ART, ENVIRONMENTALLY- conform to the emissions which they were
SOUND, AND SAFE NON-BURN certified to meet.
TECHNOLOGIES for the handling,
treatment, thermal destruction, utilizatio n,
and disposal of sorted, unrecycled,
Pollution from Other Sources
uncomposted municipal, bio-medical and
hazardous waste. POLLUTION FROM SMOKING- Smoking
inside a public bldg or an enclosed public
place including public vehicles and other
Pollution from Motor Vehicles means of transport or in any enclosed area
outside of one’s private residence, private
DOTC shall implement the emissio n place of work or any designated smoking area
standards for motor vehicles set pursuant to is hereby prohibited under this Act. This shall
and as provided in this Act. be implemented by the LGUs.
DENR, to further improve the emissio n POLLUTION FROM OTHER MOBILE
standards, shall review, revise, and publish SOURCES.- The Department, in
the standards every two years, or as the need coordination with appropriate agencies,
arises. shall formulate and establish the necessary
DENR shall consider the maximum limits for standards for all mobile sources other than
all major pollutants to ensure substantia l those referred to in Sec. 21 of this Act. The
improvement in air quality for the health, imposition of the appropriate fines and
safety, and welfare of the general public.
penalties from these sources for any violatio n Department and other appropriate governme nt
of emission standards shall be under the agencies.
jurisdiction of the DOTC.
Lead Agency
Other Pollutants
The Department, unless otherwise provided
1. Ozone-Depleting Substances herein, shall be the primary governme nt
agency responsible for the implementa tio n
Consistent with the terms and conditions of the
and enforcement of this Act. To be more
Montreal Protocol on Substances that Deplete the
effective in this regard, The Department’s
Ozone Layer and other international agreements and
Environmental Management Bureau (EMB)
protocols to which the Philippines is a signatory, the
shall be converted from a staff bureau to a
Department shall phase out ozone-depleting
line bureau for a period of no more than two
substances.
(2) years, unless a separate, comprehens ive
Within sixty (60) days after the enactment of this environmental management agency is
Act, the Department shall publish a list of substances created.
which are known to cause harmful effects on the
stratospheric ozone layer.
Role of Local Government Units
2. Greenhouse Gases
LGUs shall share the responsibility in the
The Philippine Atmospheric, Geophysical and management and maintenance of air quality
Astronomical Service Administration (PAGASA) within their territorial jurisdiction.
shall regularly monitor meteorological factors LGUs shall implement air quality standards
affecting environmental conditions including ozone set by the Board in areas within their
depletion and greenhouse gases and coordinate with jurisdiction.
the Department in order to effectively guide air In one jurisprudence: SC held that town
pollution monitoring and standard-setting activities. mayor has responsibility of protecting its
inhabitants from pollution
The Department, together with concerned agencies
and local government units, shall prepare and fully The Department shall provide the LGUs with
implement a national plan consistent with the United technical assistance, trainings and a
Nations Framework Convention on Climate Change continuing capability-building program to
and other international agreements, conventio ns and prepare them to undertake full administra tio n
protocols on the reduction of greenhouse gas of the air quality management and regulatio n
emissions in the country. within their territorial jurisdiction.
3. Radioactive Emissions
All projects which will involve the use of atomic Pollution and Adjudication Board (PAB)
and/or nuclear energy, and will entail release and The PAB shall have the sole and exclusive
emission of radioactive substances into the jurisdiction over all cases of air pollution and
environment, incident to the establishment or all matters related thereto, including the
possession of nuclear energy facilities and imposition of administrative sanctions,
radioactive materials, handling, transport, except as may be provided by law.
production, storage, and use of radioactive
materials, shall be regulated in the interest of public
health and welfare by the Philippine Nuclear
Research Institute (PNRI), in coordination with
Citizen Suits Suits and Strategic Legal Actions against Public
Participation (SLAPP) and the Enforcement of
Sec. 5 of the Rules of Procedure for the Act
Environmental Cases provides:
Any Filipino citizen in representation Where a suit is brought against a person who
of others, including minors or generations yet filed an action, or against any person,
unborn, may file an action to enforce rights institution or government agency that
or obligations under environmental laws. implements this Act, it shall be the duty of the
Upon the filing of a citizen suit, the court investigating prosecutor or the court to
shall issue an order which shall contain a immediately make a determination not
brief description of the cause of action and exceeding 30 days whether said legal action
the reliefs prayed for, requiring all interested has been filed to harass, vex, exert undue
parties to manifest their interest to intervene pressure or stifle such legal recourses of the
in the case within 15 days from notice person complaining of or enforcing the
thereof. The plaintiff may publish the order provisions of this Act.
once in a newspaper of a general circulation This shall also apply to public officers who
in the Philippines or furnish all affected are sued for acts committed in their offic ia l
barangays copies of said order. capacity, there being no grave abuse of
For purposes of enforcing the provisions of discretion and done in the course of enforcing
this Act or its implementing rules and the Act.
regulations, any citizen may file an
appropriate civil, criminal or administra tive
action in the proper courts against: Fines and Penalties
(a) Any person who violates or fails to
A. Violation of standards for stationary sources
comply with the provisions of this Act or its
implementing rules and regulations; or For actual exceedance of any pollution or air
(b) The Department or other implementing quality standards under this Act or its rules and
agencies with respect to orders, rules and regulations, the Department, through the PAB
regulations issued inconsistent with this Act; shall impose a fine of NOT MORE THAN
and/or P100,000 FOR EVERY DAY OF VIOLATION
(c) Any public officer who willfully or against the owner or operator of a stationary
grossly neglects the performance of an act source until such time that the standards have
specifically enjoined as a duty by this Act or been complied with
its implementing rules and regulations; or The fines prescribed shall be increased by at least
abuses his authority in the performance of his ten percent every three years to compensate for
duty; or, in any manner, improperly inflation and to maintain the deterrent function of
performs his duties under this Act or its such fines
implementing rules and regulatio ns : In addition to the fines, CLOSURE AND
Provided, however, That no suit can be filed SUSPENSION of development, construction, or
until thirty-day (30) notice has been taken operations of the stationary sources may be order
thereon. UNTIL such time that proper environme nta l
safeguards are put in place
There may be an immediate issuance of an ex
parte order for such closure, suspension or
cessation of operations during the pendency of
the case upon prima facie evidence that there is
imminent threat to life, public health, safety or
general welfare, or to plant or animal life.
B. Violation of standards for motor vehicles (4) Irreparable or grave damage to the
Any vehicle suspected of violation of emissio n environment as a consequence of any
standards through visual signs, shall be subjected violation or omission of the provisions of the
to an emission test Act
> IF THERE WAS NO VIOLATION =
IMPRISONMENT OF NOT LESS THAN
vehicle be immediately released
SIX YEARS BUT NOT MORE THAN TEN
YEARS for gross violations
> WITH VIOLATION = continuing custody
If the offender is a juridical person, the
of the impounded vehicle (unless the
president, manager, directors, trustees, the
appropriate penalties are fully paid) and
pollution control officer or the officia ls
license plate is surrendered to DOTC
directly in charge of the operations shall
(pending the fulfillment of undertaking to
suffer the penalty
make necessary repairs so as to comply with
the standards)
In addition, the driver and operator shall undergo
SEMINAR ON POLLUTION CONTROL AND
MANAGEMENT and the following penalties:
a. First offense – a fine not to exceed P2,000
b. Second offense – a fine not less than P2,000
and not to exceed P4,000
c. Third offense – 1 yr suspension of the Motor
Vehicle Registration and a fine of not less
than P4,000 and not more than P6,000