PHILIPPINE CLEAN AIR ACT OF 1999 (RA 8749)

Governing Law

 SECTION 1. Short Title – This Act shall be known as the Philippine Clean
Air Act of 1999
 Enacted based on the principle that a clean and healthy environment is for
the good of all and consequently a concern of all.

Declaration of Principles (SECTION 2)

 PRINCIPLE = Code/Belief
 Pollution must pay
 There must be a balance between development and environmental protection
and towards this end, there is a framework for sustainable development

What is sustainable development?

 It means economic development that is conducted without depletion of

natural resources

Declaration of Policies (SECTION 3)

 Policy = strategy, plan, procedure, program

 What are the policies of the State?
1. Formulate a universal national program of air pollution
management
2. Encourage cooperation and self-regulation among citizens and
industries
3. Focus on pollution prevention rather than control
4. Promote public information and education to encourage the
participation of an informed and active public air quality planning
5. Enforce a system of accountability

Recognition of Rights (SECTION 4)

 Right to breath clean air

 Right to utilize and enjoy natural resource
  The right to participate in the formulation, planning, implementation and
monitoring of environment policies and in the decision-making process
 The right to participate in the decision-making process concerning
development policies, plans and programs that may have adverse impact on
the environment
 Right to be informed of the nature and extent of potential hazard or any
activity and timely notice of any significant rise in the level of air
 Right to access public records which a citizen may need to exercise his or
her rights
 Right to bring an action in court or quasi-judicial bodies (DENR) to enjoin
all activities in violation of environmental laws – Rules of procedure in
environmental cases there are several remedies that may be availed of such
as writ of continuing mandamus or writ of kalikasan
 Right to bring an action in court for compensation of personal damages
arising from adverse environmental or public health impact.

SECTION 5 – Definition of Terms

 “Air Pollutant” means any matter found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their
natural or normal concentration, that is detrimental to health or the
environment, which includes but not limited to smoke, dust, soot, cinders,
fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and
radio-active substances.
 “Air Pollution” means
1. Any alteration of the physical, chemical and biological properties of
the atmospheric air or
2. Any discharge thereto of any liquid, gaseous or solid substances
- That will or is likely to create or to render the air resources of the
country harmful, detrimental or injurious to public health, safety or
welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural, recreational or other
legitimate purposes
Pollution and Clearance (SECTION 16)

 There are permits issued by DENR necessary for the prevention and
abatement of air pollution
 It includes emission limitation for the regulated air pollutants to help attain
and maintain the ambient air quality standards

Ambient Air Quality Standards (SECTION 5)

 “Ambient Air Quality” means the general amount of pollution present in a

broad area; and refers to the atmosphere’s average purity as distinguished
from discharge measurements taken at the source of pollution
 Go back to the principle “Focus on pollution prevention rather than
control”

Sources of Pollution

 Stationary Source
 Motor Vehicles
 Other Sources

SECTION 19 – Pollution from Stationary Sources

 Any trade, industry, process and fuel-burning equipment or industrial plant

emitting air pollutants
 Incineration

SECTION 20 – Ban on Incineration

 What is Incineration?
- It applies burning of municipal, bio-medical and hazardous wastes
which emits poisonous and toxic fumes
 This is prohibited in large-scale, industrial scale

Is Small Scale Incineration allowed?

 NO. DENR bans backyard burning of garbage such as leaves and other
waste materials
  This is prohibited by Republic Act 9003 or the Ecological Solid Waste
Management Act (Section 48 par 3)
 The law states that burning leaves and wastes is harmful to one’s health.
Leaf and waste burning releases several poisons in the environment

Remedy against Small Scale Incineration

 File a case against the person under Section 48(3) of RA 9003 or the
Ecological Solid Waste Management Act
 File an action for abatement of a nuisance because his/her daily
incineration is a nuisance that disturbs or annoys the senses.

What is the action of the LGU in order to promote the ban on incineration?

 To forestall incineration, LGU are mandated to promote, encourage and

implement in their respective jurisdiction a comprehensive ecological waste
management which includes waste segregation, recycling and composting

SECTION 21 – Pollution from Motor Vehicles

 The DOTC shall implement the emission standards for motor vehicles set
pursuant to and as provided under the Clean Air Act
 The standards are reviewed, revised and published every two years in order
to improve the same.

Implementing Agencies

AGENCY RESPONSIBILITY
DOTC 1. Implement the emission standard for motor vehicles
set pursuant to and as provided in this Act.
2. DOTC shall enforce compliance with the emission
standard for motor vehicles set by the DENR. The
DOTC may deputize other law enforcement
agencies and LGUs for this purpose. To this end
the DOTC shall have the power to:
(1) Inspect and monitor the emission of motor
vehicles
(2) Prohibit or enjoin the use of motor vehicles or a
class of motor vehicles in any area or street at
specified times; and
 (3) Authorize private emission testing centers duty
accredited by the DTI
DENR 1. Review, revise and publish the emission standards
every 2 years or as the need arises
2. It shall consider the maximum limits for all major
pollutants to ensure substantial improvement in air
quality for the health safety and welfare of the
general public.
DOTC, DTI, DENR 1. 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.
DTI 1. Formulate and implement a national motor vehicle
inspection and maintenance program that will
promote efficient and safe operation of all motor
vehicles
2. Develop and implement standards and procedures
for the certification of training institution,
instructors and facilities and the licensing of
qualified private service centers and their
technicians as prerequisite for performing the
testing, servicing, repair and the required
adjustment to the vehicle emission system.
3. Prescribe regulations requiring the disclosure of
odometer reading and the use of tamper resistant
odometers for all motor vehicles including tamper
resistant fuel management system for the effective
implementation of the inspection and maintenance
program.

What is Mandamus?

 It is a special civil action which may be availed of to compel a person to

perform an act which he/she is duty bound to do so.
  FACTS: The petitioners asked the court to issue a writ of mandamus
commanding LTFRB and DOTC to require PUVs to use compressed natural
gas as alternative to fuel because dust, dirt and smoke emitted by PUVs have
caused detrimental effects on health and environment.

 ISSUE: W/N LTFRB may be compelled by mandamus to require PUVs to

use compressed natural gas as alternative to fuel.

 RULING: The Supreme Court held that there is no law which imposes
and indubitable duty on respondents LTFRB and DOTC that will
justify a grant of the writ of mandamus compelling compressed natural
gas for public utility vehicles. The DOTC is merely mandated by law to
implement the emission standards under the Clean Air Act and the law only
sets the maximum limit for the emission of vehicles but it does not recognize
compressed natural gas as alternative for fuel. The remedy is to go to the
legislature, lobby the creation of law requiring the same. Absent such law,
the petitioner’s judicial recourse thru mandamus does not lie.

Regulation of All Vehicles and Engines – SECTION 22

 A new vehicle and one rebuilt using new engines parts shall not be
registered unless it complies with the emission standards set pursuant to the
Clean Air Act. This will be evidenced by a Certificate of Conformity
(COC) by the DENR.

 A vehicle shall not be introduced to commerce unless it complies with the

emission standards

Police Power of LGU

 POLICE POWER is the power of promoting public welfare by restraining

and regulating the use of liberty and property. Police power is the most
pervasive, the least limitable and the most demanding of the three powers.
  General Welfare Clause (Sec 16, RA 7160) is the statutory grant of police
power to local government units

 Ortigas and Co. Limited Partnership vs. Feati Bank, the Supreme Court
upheld the Municipal Resolution as a valid exercise of Police Power.

Ortigas and Co Limited Partnership vs. Feati Bank

 FACTS: In this case, Ortigas and Company sold a parcel of land located at
the western part of Highway 54 now EDSA imposing a condition that it
should be for residential purpose only. This condition was annotated in the
title. Subsequently the land was transferred to FEATI Bank who began
constructing commercial building in the land which Ortigas vehemently
opposed. FEATI Bank countered that the land is zoned as commercial or
industrial pursuant to resolution no. 27 and therefore the construction of
residential land is prohibited.

 ISSUE: What would prevail, the conditions annotated in the title that it must
be for residential purposes only or the Municipal Ordinance declaring it for
commercial or industrial purpose only.

 RULING: While the validity of the ordinance was questioned, the SC

upheld the same and considered it a valid exercise of Police Power. The
zoning of the land as commercial or industrial is to promote health,
safety and general welfare of the people. The area is not conducive for
residential purposes because of noise and air pollution.

Pollution from Smoking (PEA)

 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.
Applicable Laws

 Tobacco Regulation Act of 2003, Republic Act No. 9211 (June 23, 2003)
 Section 5. Smoking Ban in Public Places – smoking shall be absolutely
prohibited in the following public places:
1. Centers of youth activity such as playschools, preparatory schools,
elementary schools, high schools, colleges and universities, youth
hostels and recreational facilities for persons under 18 years old;
2. Elevators and Stairwells
3. Locations in which fire hazards are present including gas stations and
storage areas for flammable liquid, gas explosives or combustible
materials;
4. Within the building and premises of public and private hospitals,
medical, dental and optical clinics, health centers, nursing home,
dispensaries and laboratories.
5. Public conveyances and public facilities including airport and ship
terminals and train and bus stations, restaurants and conference halls,
except for separate smoking areas; and
6. Food preparation areas.

Executive Order No. 26, Providing for the Establishment of Smoke Free
Environments in Public and Enclosed Places (May 16, 2017)

 SECTION 3. Prohibited Acts – The following acts are declared unlawful and
prohibited:
(1) Smoking within enclosed public places and public conveyances,
whether stationary or in motion, except in DSAs fully compliant with
the requirements of Section 4 of this Order.
(2) For person-in-charge to allow, abet or tolerate smoking in places
enumerated in the preceding paragraph, outside DSAs fully compliant
with Section 4 of this Order.
(3) For any person to sell, distribute or purchase tobacco products to
and from minors
(4) For a minor to smoke, sell or buy cigarettes or any other tobacco
products
 (5) Ordering, instructing or compelling a minor to use, light up, buy, sell
distribute, deliver, advertise or promote tobacco products
(6) Selling or distributing tobacco products in a school, public
playground, youth hostels and recreational facilities for minors
including those frequented by minors or within 100 meters from any
point of the perimeter of these places
(7) Placing, posting displaying or distributing advertisement and
promotional materials of tobacco products, such as but not limited to
leaflets, posters, display structures and other materials within 100
meters from the perimeter of a school, public playground and other
facilities frequented particularly by minors, hostel and recreational
facilities for minors, including those frequented by them.
(8) Placing any form of tobacco advertisement outside of the premises of
point-of-sale retail establishment
(9) Placing any stall, booth and other displays concerning tobacco
promotions to areas outside the premises of point-of-sale locations or
adult-only facilities

Davao City anti-smoking ordinance no. 0367-12 series of 2012

 Comprehensive Anti-Smoking Ordinance

 Banned smoking in public places including Shisha and e-cigarette
(electronic device- as defined by law)
 PENALTIES :
1. 1st Offense – Php 1,000 or 1 month imprisonment
2. 2nd Offense – Php 2,500 or 2 months imprisonment
3. 3rd and subsequent – Php 5,000 or 4 months imprisonment

Institutional Mechanism (SECTION 34)

 DENR shall be the primary government agency responsible for the

implementation and enforcement of this Act.

 To be more effective in this regard, the Department’s Environmental

Management Bureau (EMB) shall be converted from a staff of bureau to a
 line bureau for a period of no more than 2 years, unless a separate,
comprehensive, environmental management agency is created.

Staff Bureau Line Bureau

Staff bureau shall primarily perform Line bureau shall directly implement
policy, program development and programs adopted pursuant to
advisory functions department policies and plans
Advisory or recommendatory Control and supervision

SECTION 36. Role of Local Government Units

 It shall share the responsibility in the management and maintenance of air

quality within their territorial jurisdiction
 The LGU will also implement air quality standards set by the PAB in areas
within their jurisdiction. (SECTION 37)

Technology Developers Inc. vs. Court of Appeals, GR no. 94759 (January 21,
1991)

 FACTS: Petitioner, a domestic private corporation engaged in the

manufacture and export of charcoal briquette, received a letter dated
February16, 1989 from private respondent acting mayor Pablo N. Cruz,
ordering the full cessation of the operation of the petitioner’s plant located
at Guyong Sta. Maria Bulacan until further order.
 On April 6, 1989 without previous and reasonable notice upon petitioner,
respondent acting mayor ordered the Municipality’s station commander to
padlock the premises of petitioner’s plant because of the noxious substances
coming out of the plant.

 ISSUE: W/N the municipal mayor may order the closure of a coal plant? –
YES.

 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 DENR, 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 emission in the operation
of the business.

Actions/Agencies involved in the Implementation of these Laws (DENR and PAB,

LTO)

 DENR – it may institute administrative proceedings against any person who

violates the standards or limitation provided under the Clean Air Act or any
order rule or regulation issued by DENR with respect to the standards or
limitations (emission)

 Pollution Adjudication Board (PAB) – sole and exclusive jurisdiction over

all cases of air pollution including the imposition of administrative
sanctions.

 DOES THE PAB HAVE THE POWER TO ABATE PRIVATE

NUISANCE? – NO. It belongs to the court.

 In the case of AC Enterprises vs. Frabelle Properties Corp. GR no. 166744,

November 2, 2006 , the Supreme Court held that if is the court and not the
PAB nor the Sanggunian which has the jurisdiction to abate a nuisance in
the form of noise and/or air pollution including an action for damages and
injunction.

 While PAB and the Sanggunian are mandated by law to regulate pollution,
they don’t have the authority to declare a thing a nuisance per se or per
accidens and order its condemnation.

 LTO – in cases of motor vehicle pollution.

 The DOTC thru LTO may motu proprio or a private individual/corporation
may file a written complaint.

 The hearing is summary in nature, meaning thru affidavits and position

paper before a decision will be issued.