ENVIRONMENTAL
LAWS AND
REGULATIONS
Philippine Clean Air Act of 1999
(RA 8749)
Prepared by:
Rhea Gelera Marian Louise Tasic Rona Mae
Elejan
BSED English 4A
Environmental Law
Environmental law is the collection of
laws, regulations, agreements and
common law that governs how humans
interact with their environment.
Environmental laws not only aim to
protect the environment from harm, but
they also determine to who can use
natural resources and on what terms.
Republic Act No.
8749
otherwise known as the Philippine Clean
Air Act of 1999
is a comprehensive air quality management
policy and program which aims to achieve and
maintain healthy air for all Filipinos.
Clean air is extra vital to all forms of life
especially to human beings.
Air Pollution
Presence in the air of substances in such
concentration that may tend to be injurious to
human, plant, animal life or property, or that
interferes with the comfortable enjoyment of life
and property.
An air pollutant is anything in the air that is
harmful to our health and our surroundings.
Any visible or invisible particle or gas found in the
air that is not part of the original, normal
composition.
Declaration of Policies
The State shall pursue a policy of balancing
development and environmental protection. To
achieve this end, the framework for sustainable
development shall be pursued. It shall be the
policy of the State to:
a.Formulate a holistic national program of air
pollution management that shall be implemented
by the government through proper delegation and
effective coordination of functions and activities;
b.Encourage cooperation and self-regulation
among citizens and industries though the
application of market-based instruments;
Declaration of Policies
c. Focus primarily on pollution prevention rather than
on control and provide for a comprehensive
management program for air pollution;
d. Promote public information and education to
encourage the participation of an informed and
active public in air quality planning and monitoring;
and
e. Formulate and enforce a system of accountability
for short and long-term adverse environmental
impact of a project, program or activity. This shall
include the setting up of a funding or guarantee
mechanism for clean-up and environmental
rehabilitation and compensation for personal
damages.
Declaration of Principles
Protect and advance the right of the people to a
balanced and healthy ecology in accord with the
rhythm and harmony of nature.
Promote and protect the global environment
while recognizing the primary responsibility of
local government units to deal with environment
problems.
Recognizes that the responsibility of cleaning the
habitat and environment is primarily area based.
Recognizes that “polluters must pay”
Recognizes that a clean and healthy environment
is for the good of all and should therefore be the
concern of all.
Recognition of Rights
Pursuant to the above-declared principles, the
following rights of citizens are hereby sought to be
recognized and the State shall seek to guarantee their
enjoyment:
a.The right to breathe clean air;
b.The right to utilize and enjoy all natural resources
according to the principle of sustainable development;
c.The right to participate in the formulation, planning,
implementation and monitoring of environmental
policies and programs and in the decision making
process;
Recognition of Rights
d. The right to participate in the decision-making process
concerning development policies, plans and programs
projects or activities that may have adverse impact on
the environment and public health;
e. The right to be informed of the nature and extent of
the potential hazard of any activity, undertaking or
project and to be served timely notice of any
significant rise in the level of pollution and the
accidental or deliberate release into the atmosphere
of harmful or hazardous substances;
f. The right of access to public records which a citizen
may need to exercise his or her rights effectively
under this Act;
Recognition of Rights
g.The right to bring action in court or quasi-judicial
bodies to enjoin all activities in violation of
environmental laws and regulations, to compel
the rehabilitation and clean-up of affected area,
and to seek the imposition of penal sanctions
against violators of environmental law; and
h.The right to bring action in court for
compensation of personal damages resulting from
the adverse environment and public health impact
of a project or activity.
Government Agency
Involved
DEPARTMENT OF
ENVIRONMENT AND
NATURAL
RESOURCES
(DENR)
Act as an overall of the lead agency: Prepare
National Air Quality Report which shall used a
formulating the Integrated Air Quality
Management: Issue rules and regulations in
the implementation of the Act.
Government Agency
Involved
DEPARTMENT OF
TRANSPORTATION
AND
COMMUNICATION
(DOTC)
In Coordination with the DENR in case of industrial
discharges and the DOTC, in case of motor vehicle shall
based on the environmental techniques, design, impose
on and collect regular emission charges from all said
discharges, as part of the emission permitting system or
vehicle registration, renewal system as the case may be
implemented the emission standard for motor vehicle.
Government Agency
Involved
DEPARTMENT OF
SCIENCE AND
TECHNOLOGY
(DOST)
With the DENR, other agencies private
sector, the academe, non-government
organization shall establish a National
Research Program for the prevention and
control of Air pollution.
Government Agency
Involved
DEPARTMENT OF
TRADE AND
INDUSTRY (DTI)
Together with the DENR shall develop
an action plan for the control and
management air pollution from motor
vehicles with the Intergraded Air Quality
Management Framework.
Government Agency
Involved
PHILIPPINES
ATMOSPHERIC,
GEOPHYSICAL AND
ASTRONOMICAL
SERVICE ADMINISTRATION
(PAGASA)
Shall regularly monitor
meteorological factors affecting
environmental conditions including
ozone depletion and greenhouse gases.
Government Agency
Involved
PHILIPPINE NUCLEAR
RESEARCH INSTITUTE
(PNRI)
With the DENR, shall regulate all projects which will
involved the use of atomic nuclear energy, and will entail
release of radioactive substances into the environment
incident to the establishment or possession of nuclear
energy facilities and radioactive materials handling,
transport, production, storage and use of radioactive
materials.
Government Agency
Involved
DEPED, CHED, DILG, PIA
Shall encourage participation of
government and the private sector
including NGOs, Pos, academe,
environmental groups and other private
entitles in a multi-sectoral campaigns.
Article 3. Section 19
Pollution from Stationary
Sources
The Department shall, within two (2) years from the effectivity of
this Act, and every two (2) years thereafter, review, or as the
need therefore arises, revise and publish emission standards, to
further improve the emission standards for stationary sources of
air pollution. Such emission standards shall be;
• based on mass rate of emission for all stationary sources of air pollution
• based on internationally-accepted standards, but not be limited to, nor
be less stringent than such standards and with the standards set forth
in this section.
The standards, whichever is applicable, shall be the limit on the
acceptable level of pollutants emitted from a stationary source
for the protection of the public's health and welfare.
Article 3. Section 20
Ban on Incineration
hereby defined as the burning of municipal, bio-medical and
hazardous wastes, which process emits poisonous and toxic
fumes, is hereby prohibited
prohibition shall not apply to - Traditional small-scale method of
community/neighborhood sanitation "siga", traditional,
agricultural, cultural, health, and food preparation and
crematoria
existing incinerators dealing with bio-medical wastes shall be
phased out within three (3) years after the effectivity of this Act •
in the interim, such units shall be limited to the burning of
pathological and infectious wastes, and subject to close
monitoring by the Department.
Article 4. Section 21
Pollution from Motor Vehicles
The DOTC shall implement the emission standards for motor
vehicles set pursuant to and as provided in this Act
The Department, in collaboration with the DOTC, DTI and
LGUs, shall develop an action plan for the control and
management of air pollution from motor vehicles consistent
with the Integrated Air Quality Framework.
The DOTC, together with the DTI and the Department, shall
establish the procedures for the inspection of motor vehicles
and the testing of their emissions for the purpose of
determining the concentration and/or rate of emission of
pollutants discharged by said sources.
Article 4. Section 22
Regulation of all Motor Vehicles
and Engines
The DTI shall promulgate the necessary
regulations prescribing the useful life of
vehicles and engines including devices in order
to ensure that such vehicles will conform to the
emissions which they were certified to meet.
These regulations shall include provisions for
ensuring the durability of emission devices.
Article 4. Section 23
Second-Hand Motor Vehicles
Engines
Any imported second-hand motor
vehicle engine shall not be
introduced into commerce, sold or
used unless it complies with
emission standards set pursuant to
this Act.
Article 5. Pollution from
Other Sources
Section 24. Pollution from Smoking
• 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 private residence, private place of work or
any duly designated smoking area is hereby
prohibited under this Act.
• This provision shall be implemented by the LGUS.
Article 5. Pollution from
Other Sources
Section 25. Pollution from Other Mobile Sources
• The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary
standards for all mobile sources other than those
referred to in Section 21 of this Act.
• The imposition of the appropriate fines and penalties
from these sources for any violation of emission
standards shall be under the jurisdiction of the DOTC.
Chapter 3. Fuels,
Additives,
Substances and
Pollutants
Article 1. Fuels, Additives and
Substances
Section 26. Fuels and Additives
• Departments that are in charge of the law, including the fuel and automotive industries
should set a standards and specifications of all types of fuels and those related products
to improve fuel compositions and reduce emissions. Provided that, the specifications
are adopted by Bureau of Product Standard as Philippine National Standard.
• DOE must specify the amount/content of the additives or the contents of all types of
fuel and fuel related products. The sald standards shall be based on health and
research studies. DOE shall likewise limit the content or phase out some additives if
necessary. Other agencies in part with this are required to coordinate with DOE.
• The proposed additives shall not increase the emissions of these gases such as carbon
monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be
approved and certified by the Department.
Article 1. Fuels, Additives and
Substances
Section 27. Regulation of Fuels and Fuel Additives.
• The DOE with the coordination of the Department and BPS shall regulate the fuel and
fuel additives. No manufacturer, processor or trader of any fuel or additive may import,
sell, offer for sale, or introduce into commerce such fuel or additive unless the same
has been registered with the DOE. Prior to registration, the manufacturer, processor or
trader shall provide the DOE with the following relevant information:
a) Product identity and composition to determine the potential health effects of such
fuels and additives;
b) Description of the analytical technique that can be used to detect and measure the
additive in any fuel;
c) Recommended range of concentration; and d) Purpose in the use of the fuel and
additive.
Article 1. Fuels, Additives and
Substances
Section 28. Misfuelling
• in order to prevent any emission control device by lead contamination. No
person shall use the type of fuel that is not compatible with their machineries
or vehicles.
Section 29. Prohibition on Manufacture, Import and Sale of
Leaded Gasoline and of Engines and/or Components
Requiring Leaded Gasoline.
• no person shall manufacture, import, sell, offer for sale, introduce into
commerce, convey or otherwise dispose of, in any manner leaded gasoline
and engines and components requiring the use of leaded gasoline.
Article 2. Other Pollutants
Section 30. Ozane-Depleting Substances
• The Departments shall phase out the ozone depleting substances or the substances that
causes harm to our stratosphere such as CFCs, HCFCs, Methyl Bromide, etc.
Section 31. Greenhouse Gases
• The Philippine Atmospheric, Geophysical and Astronomical Service Administration
(PAGASA) shall regularly monitor meteorological factors affecting environmental conditions
including ozone depletion and greenhouse gases and coordinate with the Department in
order to effectively guide air pollution monitoring and standard-setting activities.
• The Department, together with concerned agencies and local government units, shall
prepare and fully implement a national plan consistent with the United Nations Framework
Convention on Climate Change and other international agreements, conventions and
protocols on the reduction of greenhouse gas emissions in the country.
Article 2. Other Pollutants
Section 32. Persistent Organic Pollutants
• The Department shall develop short-term and long-term national
government programs on the reduction and elimination of POPs such as
dioxins and furans. Such programs shall be formulated within a year after
the establishment of the inventory list.
Section 33. Radioactive Emissions
• All projects that will require or involve the use of atomic substances that
will cause emissions of radioactive substances or any possession of it shall
be regulated in the interest of public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with the Department and
other.
Chapter 4. INSTITUTIONAL
MECHANISM
Section 34. Lead Agency.
• The Department, unless otherwise provided herein, shall be the
primary government agency responsible for the implementation of
this act.
Section 35. Linkage Mechanism.
• The department shall consult, participate, cooperate and enter
into agreement with other government agencies, or with affected
non- governmental (NGOs) or people's organizations (POs) or
private enterprises in the furtherance of the objective of this act.
Section 36. Role of Local Government Units.
• Local Government Units (LGUs) shall share the responsibility in the
management and maintenance of air quality within their territorial jurisdiction
Provided, however, that in case where the board has not been duly constituted
and has not promulgated its standards, the standards set forth in this Act shall
apply.
Section 37. Environmental and Natural Resources Office.
• There may be established an Environment and Natural Resources Office in
every province, city or municipality which shall be headed by the environment
and natural resources officer and shall be appointed by the Chief Executive of
every province, city or municipality in accordance with the provisions of
Section 484 of RA 7160.
Its power and duties among others are:
a) To prepare comprehensive air quality management programs, plans and
strategies within the limits set forth in Republic act
b) To provide technical assistance and support to the governor or mayor
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the
maximum permissible standards set by rational laws;
e) To coordinate with other government agencies and non- governmental
organizations in the implementation of measures to prevent and control air
pollution; and
f) Exercise such other powers and perform such duties and functions as may be
prescribed by law or ordinance
Section 38. Record-keeping, Inspection, Monitoring and Entry by the
Department.
The department or its duly accredited entity shall, after proper consultation and
notice, require any person who owns or operates any emissions source or who is
subject to any requirement of this Act to:
a) establish and maintain relevant records;
b) make relevant reports;
c) install, use and maintain monitoring equipment or methods;
d) sample emission;
e) keep records on control equipment parameters, production variables or other
indirect data when direct monitoring of emissions is impractical; and
f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have
the right of:
a) entry or access to any premises including documents and relevant materials as
referred to in the herein preceding paragraph;
b) inspect any pollution or waste source, control device, monitoring equipment or
method required; and
c) test any emission.
Any record, report or information obtained under this section shall be made available to
the public, except upon a satisfactory showing to the Department by the entity
concerned that the record, report, or information, or parts thereof, If made public, would
divulge secret methods or processes entitled to protection as intellectual property. Such
record, report or Information shall likewise be incorporated in the rating system.
Section 39. Public Education and Information Campaign.
A continuing air quality information and education campaign shall
be promoted by the Department, the Department of Education
(DepEd), Culture and Sports (DECS), the Department of the Interior
and Local Government (DILG), the Department of Agriculture (DA)
and the Philippine Information Agency (PIA). Consistent with
Section 7 of this Act, such campaign shall encourage the
participation of other government agencies and the private sector
including NGOs, POs, the academe, environmental groups and
other private entities in a multi-sectoral information campaign.
Chapter 5. Actions
Section 40. Administrative Action
• Without prejudice to the right of any affected person to file an administrative action, the
Department shall conduct 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
Section 41. Citizen Suits
• Any citizen may file an appropriate civil or administrative action int proper courts against:
- Any person who violates or fails comply with the provision
- Any public officer who willfully or grossly neglects the performance of an act specifically
enjoined as a duty by this act.
Chapter 5. Actions
Section 42. Independence of Action
• Filing of an administrative suit against such person/entity does not preclude
the right of any other person to file any criminal or civil action.
Section 43. Suits and Strategies legal action against Public
Participation and the Enforcement of this Act.
• Suit is brought against a person who filed an action as provided in Section 41
of this Act, it shall be the duty of the investigating prosecutor or the court, to
immediately make determination not exceeding thirty (30) days whether said
legal action has been filed to harass, vex or stifle such legal recourses of the
person complaining of or enforcing the provisions of this Act.
Chapter 5. Actions
Section 44. Lien upon Personal and Immovable
Properties of Violations
• Fines and penalties imposed pursuant to this Act shall
be liens upon personal and immovable properties of the
violator. In case of Insolvency of the respondent
violator, enjoy the preference subsequent to laborer's
wages under Articles 2241 and 2242 of Republic Act No.
386, known as the New Civil Code of the Philippines.
Chapter 6 – Fines
and Penalties
Section 45. Violation of Standards for Stationary Sources
• For actual evidence of any pollution or air quality standards, the Department through Pollution
Adjudication Board (PAB) shall impose a fine not more than One hundred Thousand Pesos (P100000).
Section 46. Viloation of Standards for Motor Vehicles
• No motor shall be registered with the DOTC unless it meets the standards set by the department as
provided in Section 21.
In addition, the driver and operator of the apprehended vehicle shall suffer the following penalties:
a. First Offense- A fine not to exceed Two thousand Pesos (P2000)
b. Second Offense- A fine not less than Two thousand Pesos (P2000) and not to exceed Four thousand
Pesos (P4000)
c. Third Offense One(1) year suspension of MVR and a fine not less than Four thousand Pesos (P4000)
and more than Six thousand Pesos (P6000).
Section 47. Fines and Penalties for Violations of other Provisions of
this Act.
• A fine not less than ten thousand pesos (P10000) but not more than one hundred
thousand pesos (P100000) or 6 months to 6 years imprisonment or both shall imposed.
Section 48. Gross Violation
• Gross Violation means:
a. 3 or more specific offenses within a year
b. 3 or more specific offenses within 3 consecutive years
c. Blatant disregard of the orders of the PAВ
d. Irreparable or grave damage to the environment as a consequence of any violation.
- The offenders shall be provided with imprisonment not less than 6 years but not more
than 10 years.
THANK YOU!!!
