Clean Air Act of 1999 and Solid Waste Management Act of 2000

NATURAL RESOURCES AND ENVIRONMENTAL LAW
“THE PHILIPPINE CLEAN AIR ACT OF 1999”
Republic Act No. 8749
ALMIRA. BADANGAN. BARBERO. 1

I. GOVERNING LAW
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of
1999, is the law that governs the metes and bounds of our work. It provides the policy
framework for the country’s air quality management program and seeks to uphold the
right of every Filipino to breathe clean air by addressing air pollution from mobile and
stationary sources.
The law adheres to the Constitutional right of people to “a balanced and healthful
ecology in accord with the rhythm and harmony of nature.” It also believes in the
principle that “polluters must pay,” because a clean and healthy environment is for the
good of all and should, therefore be the concern of all.
R.A. 8749 focuses primarily on pollution prevention rather than control by
encouraging cooperation and self-regulation among citizens and industries. It also
enforces a system of accountability for adverse environmental impacts to heighten
compliance to government environmental regulations.
II. BASIC PRINCIPLE
Like any other legislative acts, the Clean Air Act of 1999 adheres to certain
principles which is indispensable in the attainment of its purpose and objectives. The basic
principles of the act are embodied in Section 2 thereof.
Under Section 2 of the Philippine Clean Air Act of 1999, the State shall:
 Protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
 Promote and protect the global environment to attain sustainable development
while recognizing the primary responsibility of local government units to deal
with environmental problems.
 Recognize that the responsibility of cleaning the habitat and environment is
primarily area-based.
 Recognize the principle that “polluters must pay”.

 Recognize that a clean and healthy environment is for the good of all and should,
therefore, be the concern of all.
III. SALIENT FEATURES
The salient features of any legislative act is its most important and distinctive attributes.
Hence, it is an integral part in the attainment of the objectives of any act. As such, Section 3
of Republic Act No. 8749 lays down its salient features in this wise:
“The State shall pursue a policy of balancing development and environmental

protection. To achieve this end, the framework for sustainable development shall be
pursued. As such, it shall be the policy of the State to:
 Formulate a holistic national program of air pollution that shall be implemented

by the government through proper delegation and effective coordination of function
and activities;
 Encourage cooperation and self-regulation among citizen and industries through
the application of incentives market-based instruments;
 Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program on air pollution;
 Promote public information and education to encourage the participation of an
informed and active public in air quality planning and monitoring; and
 Formulate and enforce a system of accountability for short and long term adverse
environmental impact of a project, program or activity. This shall include setting
up of afunding or guarantee mechanism for clean-up and environmental
rehabilitation and compensation for personal damages.”
IV. DECLARATION OF POLICIES
The Declaration of Policies is also laid down in Section 3 of Republic Act 8749 to wit:

“Sec.3. 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. As such, it shall be the policy of the State
to:
a) Formulate a holistic national program of air pollution that shall be

implemented by the government through proper delegation and effective
coordination of function and activities;
b) Encourage cooperation and self-regulation among citizen and industries
through the application of incentives market-based instruments;
c) Focus primarily on pollution prevention rather than on control and provide
for a comprehensive management program on 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 setting up of afunding or guarantee mechanism for clean-up and
environmental rehabilitation and compensation for personal damages.”
In line with the preceding provision, the table below provides for the policy
declared by the act and the entity responsible for its enforcement and implementation
whose cooperation is significant in the attainment of the law’s objectives and purpose.
POLICY DECLARED ENTITY RESPONSIBLE

Formulation of a holistic national program The Government
of air pollution management
Encouraging cooperation and self- All stakeholders
regulation among citizens and industries

Focus on pollution prevention rather than Both the Government and the Citizens
on control and provide for a
comprehensive management program for
air pollution
Promotion of public information and Both the Government and the Citizens
education and to encourage the
participation of an informed and active
public in air quality in planning and
monitoring
Formulation and enforcement of a system The Government
of accountability for short and long-term
adverse environment of a project, program
or activity
Setting of a funding or guarantee The Government and the Country’s
mechanism for clean-up and Industrial Force
environmental rehabilitation and
compensation for personal damages
V. RIGHTS RECOGNIZED UNDER THE LAW
The 1987 Philippine Constitution lays down the rights of every Filipino citizens in
Article III thereof and other pertinent provisions. In line with the Doctrine of Constitutional
Supremacy, Republic Act No. 8749 recognizes and adheres the rights enshrined in the
Constitution and provides for certain policies for the better enjoyment of such rights.
The rights recognized by Republic Act No. 8749 is embodied in Section 4 thereof.
“SEC. 4. 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; (Sec. 15 & 16, Art II)

b. The right to utilize and enjoy all natural resources according to the
principles of sustainable development; (Sec. 10, Art XII, Filipino First
Policy)
c. The right to participate in the formulation, planning, implementation and
monitoring of environmental policies and programs and in the decision-
making process; (Sec. 39, RA 9749 Multi-sectoral continuing air quality
information and educational campaign)
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; (Sec. 52 RA
8749, DENR Reports to Congress)
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; (Regular
updates, advisories, warnings)
f. The right of access to public records which a citizen may need to exercise
his or her rights effectively under this Act; (Sec. 7, Art III, Sec. 28, Art II,
Chavez v PEA)
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 cleanup of affected area, and to seek the imposition
of penal sanctions against violators of environmental laws; (Sec. 40, 41
RA 8749)
o Writ of Kalikasan – protects right to healthy environment – Sec 16
is non self-executing
h. The right to bring action in court for compensation of personal damages
resulting from the adverse environmental and public health impact of a
project or activity. (Personal & civil suit)”

VI. INSTITUTIONAL MECHANISM
A. LEAD AGENCY
The Department of Environment and Natural Resources is the executive

department of the government responsible for governing and supervising the
exploration, development, utilization, and conservation of the country's natural
resources.
Section 34 of Republic Act No. 8749 identifies the primary government agency
responsible for its implementation and enforcement.
“Sec. 34. Lead Agency – The Department of Environment and Natural Resources
(DENR), unless otherwise provided herein, 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 bureau to a line bureau for a period of no
more than two (2) years, unless a separate, comprehensive environmental
management agency is created.”
B. LINKAGE MECHANISM
The linkage mechanism of Republic Act 8749 is provided for under Section 35
thereof.

“Sec. 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 objectives of this Act.”
Moreover, the following are the other agencies who enjoined by law to work
together with the Department of Environment and Natural Resources in the enforcement
and implementation of Republic Act 8749:
i. DEPARTMENT OF ENERGY (DOE)
The Department of Energy is the executive department of the

Philippine Government responsible for preparing, integrating,
manipulating, organizing, coordinating, supervising and controlling all
plans, programs, projects and activities of the Government relative to
energy exploration, development, utilization, distribution and conservation.
The importance and role of the Department of Energy is laid down
in Section 26 of Republic Act 8749 which provides that:
“SEC. 26. Fuels and Additives.- Pursuant to the Air Quality

Framework to be established under Section 7 of this Act, the
Department of Energy (DOE), co-chaired by the Department of
Environment and Natural Resources (DENR), in consultation with

the Bureau of Product Standards (BPS) of the DTI, the DOST, the
representatives of the fuel and automotive industries, academe and
the consumers shall set the specifications for all types of fuel and
fuel-related products, to improve fuel composition for increased
efficiency and reduced emissions: Provided, however, that the
specifications for all types of fuel and fuel-related products set-forth
pursuant to this section shall be adopted by the BPS as Philippine
National Standards (PNS).
The DOE shall also specify the allowable content of additives in all
types of fuels and fuel-related products. Such standards shall be
based primarily on threshold levels of health and research studies.
On the basis of such specifications, the DOE shall likewise limit
the content or begin that phase-out of additives in all types of fuels
and fuel-related products as it may deem necessary. Other agencies
involved in the performance of this function shall be required to
coordinate with the DOE and transfer all documents and
information necessary for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under

this section, it is declared that:
a) not later than eighteen (18) months after the effectivity of

this Act, no person shall manufacture, import, sell, supply,
offer for sale, dispense, transport or introduce into
commerce unleaded premium gasoline fuel which has an
anti-knock index (AKI) of not less that 87.5 and Reid vapor
pressure of not more than 9 psi. Within six (6) months after
the effectivity of this Act, unleaded gasoline fuel shall
contain aromatics not to exceed forty-five percent (45%) by
volume and benzene not to exceed four percent (4%) by

volume; Provided, that by year 2003, unleaded gasoline

fuel should contain aromatics not to exceed thirty-five
percent (35%) by volume and benzene not to exceed two
percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of

this Act, no person shall manufacture, import, sell, supply,
commerce automotive diesel fuel which contains a
concentration of sulfur in excess of 0.20% by weight with a
cetane number of index of not less than forty-eight (48):
Provided, That by year 2004, content of said sulfur shall be
0.05% by weight; and
c) not later than eighteen (18) months after the effectivity of

this Act, no Person shall manufacture, import, sell, supply,
commerce industrial diesel fuel which contains a
concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the

specifications of unleaded gasoline and of automotive and
industrial diesel fuels shall be reviewed and revised for further
improvement in formulation and in accordance with the provisions
of this Act.
The fuels characterized above shall be commercially available.

Likewise, the same shall be the reference fuels for emission and
testing procedures to be established in accordance with the
provisions of this Act.

Any proposed additive shall not in any way increase emissions of

any of the regulated gases which shall include, but not limited to
carbon monoxide, hydrocarbons, and oxides of nitrogen and
particulate matter, in order to be approved and certified by the
Department.”
ii. DEPARTMENT OF TRANSPORATION AND COMMUNICATION

(DOTC)
The Department of Transportation is the executive department of the

government responsible for the maintenance and expansion of viable,
efficient, and dependable transportation systems as effective instruments for
national recovery and economic progress. The department is responsible for
the country's land, air, sea communications infrastructure.
Sections 21, 25, and 46 lays down the importance role of the DOTC
in connection with the implementation and enforcement of Republic Act
No. 8749.
“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. To further improve the emission
standards, the Department shall review, revise and publish the
standards every two (2) years, or as the need arises. 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.”
“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 Sec. 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.”
“Section 46. Violation of Standards for Motor Vehicles. – No motor

vehicle shall be registered with the DOTC unless it meets the
emission standards set by the Department as provided in Sec. 21
thereof.”
iii. DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST)
The Department of Science and Technology is the executive

department of the Government responsible for the coordination of science
and technology-related projects in the Philippines and to formulate policies
and projects in the fields of science and technology in support of national
development.

Sections 15 and 26 of Republic Act No. 8749 lays down the

importance of the Department of Science and Technology in the
implementation and enforcement of such act.
“Section 15. Air Pollution Research and Development Program. –

The Department, in coordination with the Department of Science
and Technology (DOST), other agencies, the private sector, the
academe, NGO’s and PO’s, shall establish a National Research and
Development Program for the prevention and control of air
pollution. The Department shall give special emphasis to research
on and the development of improved methods having industry-wide
application for the prevention and control of air pollution.
Such a research and development program shall develop air quality

guideline values and standards in addition to internationally-
accepted standards. It shall also consider the socio-cultural,
political and economic implications of air quality management and
pollution control.”
“Section 26. Fuels and Additives. – Pursuant to the Air Quality

National Standards (PNS).”

iv. DEPARTMENT OF TRADE AND INDUSTRY (DTI)
The Philippine Department of Trade and Industry is the executive

department of the Government tasked as the main economic catalyst that
enables innovative, competitive, job generating, inclusive business, and
empowers consumers. It acts as catalyst for intensified private sector activity
in order to accelerate and sustain economic growth through comprehensive
industrial growth strategy, progressive and socially responsible trade
liberalization and deregulation programs and policymaking designed for the
expansion and diversification of Philippine trade - both domestic and foreign.
Its importance in the implementation and enforcement of Republic

Act No. 8749 is laid down in Sections 21, 26, and 46 thereof.
“Section 21. Pollution from Motor Vehicles. - a) The DOTC shall

implement the emission standards for motor vehicles set pursuant to
and as provided in this Act. To further improve the emission
standards, the Department shall review, revise and publish the
standards every two (2) years, or as the need arises. 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:
d) In order to ensure the substantial reduction of emissions from

motor vehicles, the Department of Trade and Industry (DTI),
together with the DOTC and the Department shall formulate and

implement a national motor vehicle inspection and maintenance

program that will promote efficient and safe operation of all motor
vehicles. In this regard, the DTI shall develop and implement
standards and procedures for the certification of training
institutions, 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. The DTI shall likewise
prescribe regulations requiring the disclosure of odometer readings
and the use of tamper-resistant odometers for all motor vehicles
including tamper-resistant fuel management systems for the
effective implementation of the inspection and maintenance
program.”
“Section 26. Fuels and Additives. – Pursuant to the Air Quality

National Standards (PNS).”
“Section 46 – All law enforcement officials and deputized agents

accredited to conduct vehicle emissions testing and apprehensions
shall undergo a mandatory training on emission standards and
regulations. For this purpose, the Department, together with the
DOTC, DTI, DOST, Philippine National Police (PNP) and other

concerned agencies and private entities shall design a training

program.”
v. DEPARTMENT OF EDUCATION, CULTURE, AND SPORTS

(DECS)
The Department of is the executive department of the government

responsible for ensuring access to, promoting equity in, and improving the
quality of basic education. It is the main agency tasked to manage and govern
the Philippine system of basic education. It is the chief formulator of
Philippine education policy and responsible for the Philippine primary and
secondary school systems.
“Section 39. Public Education and Information Campaign. – A

continuing air quality information and education campaign shall
promoted by the Department, the Department of Education, 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 Sec. 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.”

vi. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

(DILG)
The Philippine Department of the Interior and Local Government is

the executive department of the government responsible for promoting peace
and order, ensuring public safety and strengthening local government
capability aimed towards the effective delivery of basic services to the
citizenry.
The importance of the Department of Interior and Local Government

in the implementation and enforcement of Republic Act No. 8749 is
recognized in Section 39 thereof.


vii. DEPARTMENT OF AGRICULTURE (DA)
The Philippine Department of Agriculture is the executive department

of the government responsible for the promotion of agricultural and fisheries
development and growth.

viii. PHILIPPINE INFORMATION AGENCY (PIA)


government agencies and the private sector including NGOs, POs,
the academe, environmental groups and other private entities in a
multi-sectoral information campaign.”
ix. PHILIPPINE NATIONAL POLICE (PNP)
The Philippine National Police is the armed, civilian national police

force in the Philippines.
“Section 46 – All law enforcement officials and deputized agents

accredited to conduct vehicle emissions testing and apprehensions
shall undergo a mandatory training on emission standards and
regulations. For this purpose, the Department, together with the
DOTC, DTI, DOST, Philippine National Police (PNP) and other
concerned agencies and private entities shall design a training
program.”

x. THE SENATE AND THE HOUSE OF REPRESENTATIVES
The Senate of the Philippines is the upper house of the bicameral

legislature of the Philippines. On the other hand, the House of Representatives
of the Philippines is the lower house of the Congress of the Philippines.
“Section 51. Implementing Rules and Regulations. – The Department,

in coordination with the Committees on Environment and Ecology of
the Senate and House of Representatives, respectively and other
agencies, shall promulgate the implementing rules and regulations for
this Act, within one (1) year after the enactment of this Act: Provided,
That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of pollution not
inconsistent with this Act shall supplement the rules and regulations
issued by the Department pursuant to the provisions of this Act.”
xi. CONGRESS OF THE PHILIPPINES

The Congress of the Philippines is the national legislature of the

Philippines. It is a bicameral body consisting of the Senate and the House of
Representatives.
“Section 52. Report to Congress. – The Department shall report to

Congress, not later than March 30 of every year following the
approval of this Act, the progress of the pollution control efforts and
make the necessary recommendations in areas where there is need for
legislative action.”
C. ROLE OF LOCAL GOVERNMENT UNITS
Local Government units are also given the responsibility in the management and
maintenance of air quality in their territorial jurisdiction. Section 36 of Republic Act 8749
provides that:
“Sec. 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. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall
implement air quality standards set by the Board in areas within their 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. The
Department shall provide the LGUs with technical assistance, trainings and a
continuing capability-building program to prepare them to undertake full
administration of the air quality management and regulation within their territorial
jurisdiction.”
D. ENVIRONMENTAL AND NATURAL RESOURCES OFFICES
Since the Department of Environment and Natural Resources is the primary

government agency responsible for the enforcement and implementation of Republic
Act No. 8749, Section 37 thereof mandates that:

“Sec. 37. Environment 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 Republic Act No.
7160.
Its powers and duties are:

a) To prepare comprehensive air quality management programs, plans and
strategies within the limits set forth in Republic act. 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, as the
case may be, 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 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: Provided, however, That in
provinces/cities/municipalities where there are no environment and natural
resources officers, the local executive concerned may designate any of his
official and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee: Provided, finally, That in case an
employee is designated as such, he must have sufficient experience in
environmental and natural resources management, conservation and
utilization.”

VII. ACTIONS
A. ADMINISTRATIVE ACTION
Section 40 of Republic Act 8749 gives the Department of Environment and Natural
Resources the power to file an administrative action upon satisfaction of the requisites
embodied in such provision:
“Sec. 40. Administrative Action – The DENR shall, without prejudice to the right
of any affected person to file an administrative action, 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; or

b) Any order, rule or regulation issued by the Department with respect to such
standard or limitation.”
B. CITIZEN’S SUIT
Since the maintenance and preservation of the environment is the “intergenerational

responsibility” of every citizen, Section 41 of Republic Act 8749 gives them the power to
file a suit against persons or entities in violation of this act.
“Sec. 41. Citizen’s Suit – Any citizen may file an appropriate civil, criminal or
administrative action in the proper courts against:
a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; or
b) The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; and/or
c) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses his authority in the performance of his duty; or, in any
manner, improperly performs his duties under this Act or its implementing rules
and regulations: Provided, however, That no suit can be filed until thirty-day
(30) notice has been taken thereon.

The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of pecuniary estimations, and shall likewise, upon prima facie
showing of the non-enforcement or violation complained of, exempt the plaintiff
from the filing of an injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein
is malicious and/or baseless and shall accordingly dismiss the action and award
attorney’s fees and damages.”
Moreover, Section 42 of Republic Act 8749 provides that the 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. Such civil action shall proceed independently.
VIII. DIFFERENT SOURCES OF POLLUTION
A. STATIONARY CAUSE (SEC. 19)
a. Any building or immovable structure, facility or installation which emits or may

emit air pollutant
b. Emission Standards/ Standard of Performance

i. Standard for emissions of air pollutant which reflects the degree of
emission limitation achievable through the application of the best
system of emission reduction, taking into account the cost of achieving
such reduction and any non-air quality health and environmental impact
and energy requirement which the DENR determines and adequately
demonstrates.
1. Emission standards shall be based on mass rate of emission for
all stationary sources of air pollution, based on internationally-
accepted standards.
a. But not limited to, nor be less stringent than such
standards and with the standards set forth in the Act.

2. To further improve emission standards for stationary sources of

air pollution
c. Role of DENR
i. Set emission standards (Sec. 19)

1. Pursuant to Sec. 8, prepare a detailed action plan setting the
emission standards or standards of performance for any
stationary source, procedure for testing emissions for each type
of pollutant, and the procedure for enforcement of said standards
2. Within 2 years from effectivity, and every 2 years thereafter,
review or as the need arises, revise and publish emission
standards
ii. Collection of Emission Fees (Sec. 13)

1. Collection of regular fees shall be based on environmental
techniques
2. Basis of fees shall be based, but not limited to the volume and
toxicity of any emitted pollutant
3. Forms part of Emission Permitting System
4. Industries which shall install pollution control devices or retrofit
their existing facilities with mechanisms that reduce pollution
shall be entitled to tax incentives such as but not limited to tax
credits and/or accelerated depreciation deductions
iii. Issuance of Permits (Sec. 16)

1. For prevention and abatement of air pollution
iv. Set Emission Quotas (Sec. 17)

1. May allow each regional industrial center, designated as special

airshed, to allocate emission quotas to pollution sources within
its jurisdiction pursuant to the IRR of PD1586
v. Require Program and Project Proponents to put up Financial Guarantee

Mechanisms (Sec. 18)
1. For emergency response, clean-up or rehabilitation of areas that
may be damaged during the program or project’s actual
implementation
a. Liability shall continue even after termination of project
where such damages are clearly attributable to the same
for a definite period determined by DENR and
incorporated into the Environmental Compliance
Certificate
2. Financial Liability Instruments:
a. Trust fund
b. Environmental insurance
c. Surety Bonds
d. Letters of Credit
e. Self-Insurance
vi. Monitor Burning of Pathological and Infectious Wastes (Sec. 20)
vii. Promote use of state-of-the-art, environmentally sound and safe non-

burn technologies (Sec. 20)
1. For the handling, treatment, thermal destruction, utilization and
disposal of sorted, unrecycled, uncomposted municipal, bio-
medical and hazardous wastes
d. Role of LGUs

i. Promote, encourage, and implement a comprehensive ecological waste

management within their jurisdiction (Sec. 20)
1. Includes waste segregation, recycling and composting
e. Existing industries which are proven to exceed emission rates

i. Shall be allowed a grace period of 18 months for the establishment of
an environmental management system and installation of an appropriate
air pollution control device
1. In consultation with stakeholders, after a thorough, credible and
transparent measurement process
2. Provided:
a. Extension of not more than 12 months may be allowed
on meritorious grounds
f. Incineration (Sec. 20)

i. Burning of municipal, bio-medical and hazardous wastes, which process
emits poisonous and toxic fumes – prohibited and banned
ii. Exception:
1. Traditional small-scale method of community or neighborhood
sanitation – siga
2. Traditional, agricultural, cultural, health and food preparation
and crematoria
iii. Proviso:
1. Existing incinerators dealing with bio-medical wastes shall be
phased out within 3 years after effectivity
a. Limited to the burning of pathological and infectious
wastes and subject to close monitoring by DENR
g. Violations and Penalties (Sec. 45)
i. Fines in general

1. DENR through PAB

2. PAB:
a. Prepare a fine rating system to adjust maximum fine
based on:
i. Violator’s financial ability
ii. Degree of willfulness
iii. Degree of negligence
1. In the absence of any extenuating or
aggravating circumstances, amount of
fine for negligence shall be equivalent to
½ of the time for willful violation
iv. History of noncompliance
v. Degree of recalcitrance
3. Shall be increased by at least 10% every 3 years to compensate
for inflation and to maintain the deterrent function of such fines
ii. Violations with their Fines

1. Actual exceedance of any pollution or air quality under RA8749,
its rules and regulations
a. Fine of not more than 100,000 pesos for every day of
violation against the owner or operator until such time
that the standards have been complied with
b. Order the closure, suspension of development,
construction, or operations until such time that proper
environmental safeguards are put in place
c. Provided:
i. Immediate issuance of an ex parte order for such
during pendency of case upon prima facie
evidence that there is imminent threat to life,
public health, safety or general welfare, or to

plant or animal life, or whenever there is an

exceedance
ii. Establishment on 3rd offense shall suffer
permanent closure immediately
B. MOTOR VEHICLES (SEC. 21)
a. Any vehicle propelled by a gasoline or diesel engine or by any means other than
human or animal power, constructed and operated principally for the
conveyance of persons or the transportation of property or goods in a public
highway or street open to public use
b. Role of DOTC
i. Implement the standards for motor vehicles set (Sec. 21)
1. May deputize other law enforcement agencies and LGUs for this
purpose
2. DOTC Powers:
a. Inspect and monitor emissions of motor vehicles
b. Prohibit or enjoin the use of motor vehicles or a class of
motor vehicles in any area or street at specified times
c. Authorize private emission testing centers duly
accredited by DTI
i. Procedures
3. Conduct testing to issue Motor Vehicle Registration which shall
be conducted within 60 days prior to date of registration (Sec.
22)
ii. Collection of Emission Fees (Sec. 13)
1. Collection of regular fees shall be based on environmental
techniques
2. Basis of fees shall be based, but not limited to the volume and
toxicity of any emitted pollutant

3. Forms part of Vehicle Registration Renewal System
c. Role of DENR
i. Improve Emission Standards (Sec. 21)
1. Review, revise and publish said standards every 2 years or as the
need arises, considering the maximum limits for all major
pollutants to ensure substantial improvement in air quality for
the health, safety and welfare of general public
ii. Develop an Action Plan (Sec. 21)
1. For the control and management of air pollution from motor
vehicles consistent with the Integrated Air Quality Framework.
d. Role of DTI
i. Formulate and implement a national motor vehicle inspection and
maintenance program (Sec. 21)
1. To promote efficient and safe operation of all motor vehicles
ii. Develop and implement standards and procedures for the certification
of training institutions, instructors and facilities and licensing of
qualified private service centers and their technicians (Sec. 21)
iii. Prescribe regulations requiring the disclosure of odometer readings and
the use of tamper-resistant odometers and tamper-resistant fuel
management systems
iv. Promulgate necessary regulations prescribing the useful life of vehicles
and engines including devices (Sec. 22)
1. In order to ensure conformity to the emissions set
e. Regulation of All Motor Vehicles and Engines (Secs. 22 and 23)

i. Any new or second-hand motor vehicle or any major parts thereof,
locally-assembled or imported, shall not be registered, introduced into
commerce, sold, or used unless it complies with the emission standards,
evidenced by Certificate of Conformity issued by DENR

1. In case of non-compliance, may be allowed to modify or rebuild

vehicle to comply with the standards
f. Violations and Penalties (Sec. 46)

i. Any vehicle suspected of violating the emission standards shall be
subjected to an emission test
1. Continuing custody of the impounded vehicle unless appropriate
penalties are fully paid
2. License plate is surrendered to DOTC pending fulfillment of the
undertaking by owner/operator of the motor vehicle to make the
necessary repairs for compliance
3. Owner/Operator shall be required to correct its defects and show
proof thereof
4. Driver and operator shall undergo a seminar on pollution control
and management
5. Fines:
a. 1st offense – not to exceed 2,000 pesos
b. 2nd offense – not less than 2,000 pesos and not to exceed
4,000 pesos
c. 3rd offense – 1 year suspension of the MVR and a fine of
not less than 4,000 pesos and more than 6,000 pesos
ii. Violation of Sec. 21 (d)
1. Fine of not less than 30,000 pesos or cancellation of license or
both the technician and the center, or both, determined by DTI
C. OTHER SOURCES
a. From Smoking (Sec. 24)

i. Prohibited act: 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
ii. To be implemented by LGUs
b. From Other Mobile Sources (Sec. 25)
D. OTHER POLLUTANTS
a. Fuels and Additives and Regulation (Secs. 26 and 27)

i. There shall be established specifications for all types of fuel and fuel-
related products to improve fuel composition for increased efficiency
and reduced emissions
ii. DOE to specify allowable additives in all types of fuel and fuel-related
products
1. Limit content or begin phase-out of additives
b. Misfueling (Sec. 28)
i. Practice of introducing leaded gasoline into any motor vehicle to disable
any emission control device – lead contamination
c. Prohibition on the Manufacture, Import, Sale of Leaded Gasoline and Engines
or Parts thereof (Sec. 29)
d. Ozone-Depleting Substances (Sec. 30)
i. Cause harmful effects on the stratospheric ozone layer
e. Greenhouse gases (Sec. 31)
i. To be monitored by PAGASA
f. Persistent Organic Pollutants (Sec. 32)
g. Radioactive Emissions (Sec. 33)
E. FINES AND PENALTIES FOR VIOLATIONS OF OTHER PROVISIONS

(SEC.47)

a. Fine of not less than 10,000 pesos but not more than 100,000 pesos or 6 months
to 6 years imprisonment or both
b. If offender is a juridical person – president, manager, directors, trustees,

pollution control officer or officials directly in charge of the operations shall
suffer penalty
F. GROSS VIOLATIONS (SEC. 48)
a. Meaning:
i. 3 or more specific offenses within 1 year
ii. 3 or more offenses within 3 consecutive years
iii. Blatant disregard of the orders of PAB
iv. Irreparable or grave damage to the environment as a consequence of
violation or omission
b. Penalty:
i. Imprisonment of not less than 6 years but not more than 10 years at the
discretion of the court
ii. If offender is a juridical person – president, manager, directors, trustees,
pollution control officer or officials directly in charge of the operations
shall suffer penalty
IX. SUPPORTING JURISPRUDENCE
The following set of jurisprudence gives us a better understanding of the purposes,

policies, objectives, and salient features of Republic Act. 8749.
GMMSWSC vs JANCOM

G.R. No. 163663, June 30, 2006
CARPIO-MORALES, J.:
RULING.
“If the contract provides that it shall be effective until and unless it is approved
by the President, the same shall first be approved to be valid and enforceable.”
HENARES vs LTFRB
G.R. No. 158290, October 23, 2006
QUISUMBING, J.:
FACTS. Petitioners challenge this Court to issue a writ of mandamus commanding

respondents Land Transportation Franchising and Regulatory Board and the
Department of Transportation and Communications to require Public Utility Vehicles
to use Compressed Natural Gas as alternative fuel.
ISSUE. Whether or not the petitioners have the legal standing to bring this issue before
the court.
RULING.
The Supreme Court ruled that the petitioners have the legal standing to raise
this issue before the court but also ruled that mandamus should not issue against
LTFRB and DOT to compel them to mandate PUV’s to make use of CNG’s as an
alternative fuel source.

“Sec. 41. Citizen’s Suit – Any citizen may file an appropriate civil, criminal or
administrative action in the proper courts against:
b. The Department or other implementing agencies with respect to orders,

rules and regulations issued inconsistent with this Act;”
Moreover, mandamus is available only to compel the doing of an act

specifically enjoined by law as a duty. Here, there is no law that mandates the
respondents LTFRB and the DOTC to order owners of motor vehicles to use CNG.
Mandamus will not generally lie from one branch of government to a coordinate
branch, for the obvious reason that neither is inferior to the other. Hence, it appears that
more properly, the legislature should provide first the specific statutory remedy to the
complex environmental problems bared by herein petitioners before any judicial
recourse by mandamus is taken.
TECHNOLOGY DEVELOPMENT, INC. vs CA
G.R. No. 94759, January 21, 1991
GANCAYCO, J.:
FACTS. Technology Developers Inc. is engaged in manufacturing and exporting

charcoal briquette. On February 16, 1989, they received a letter from respondent Acting
Mayor Pablo Cruz, ordering the full cessation of the operation of the petitioner’s plant
in Sta. Maria, Bulacan. The letter also requested the company to show to the office of
the mayor some documents, including the Building permit, mayor’s permit, and Region
III-Pollution of Environmental and Natural Resources Anti-Pollution Permit. Since the
company failed to comply in bringing the required documents, respondent Acting
Mayor, without notice, caused the padlock of company’s plant premises, effectively
causing stoppage of its operation. Technology Developers then instituted an action for
certiorari, prohibition, mandamus with preliminary injunction against respondents,

alleging that the closure order was issued in grave abuse of discretion. The lower court
ruled against the company. The CA affirmed the lower court’s ruling.
ISSUE. Whether or not the mayor has authority to order the closure of the plant and
whether or not the closure order was done with grave abuse of discretion.
RULING.
The Supreme Court ruled that the mayor has authority to order the closure of
the plant and the closure order was not issued with grave abuse of discretion.
“Sec. 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. Consistent with Sections 7, 8 and 9 of this Act, LGUs
shall implement air quality standards set by the Board in areas within their
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. The Department shall provide the LGUs with technical assistance,
trainings and a continuing capability-building program to prepare them to
undertake full administration of the air quality management and regulation within
their territorial jurisdiction.”
In the case at bar, no mayor's permit had been secured. 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 Department of Environment and
Natural Resources, 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 emissions in the operation of the
business.
ORTIGAS & CO. vs FEATI BANK
G.R. No. L-24670, December 14, 1979
SANTOS, J.:
FACTS. On March 4, 1952, Ortigas sold Lot 5 and 6, Block 31 of the Highway Hills
Subdivision at Mandaluyong to Augusto Padilla y Angeles and Natividad Angeles. The
latter transferred their rights in favour of Emma Chavez, upon completion of payment
a deed was executed with stipulations, one of which is that the use of the lots are to be
exclusive for residential purposes only. This was annotated in the Transfer Certificate
of Titles No. 101509 and 101511. Feati then acquired Lot 5 directly from Emma
Chavez and Lot 6 from Republic Flour Mills. On May 5, 1963, Feati started
construction of a building on both lots to be devoted for banking purposes but could
also be for residential use. Ortigas sent a written demand to stop construction but Feati
continued contending that the building was being constructed according to the zoning
regulations as stated in Municipal Resolution 27 declaring the area along the West part
of EDSA to be a commercial and industrial zone. Civil case No. 7706 was made and
decided in favor of Feati.
ISSUE. Whether or not Resolution No. 27 declaring Lot 5 and 6 to be part of an

industrial and commercial zone is valid considering the contract stipulation in the
Transfer Certificate of Titles.
RULING.
The Supreme Court ruled in favor of the validity of Resolution No. 27.

“ARTICLE II. Section 16. – The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony
of nature.”
Although non-impairment of contracts is constitutionally guaranteed, it is not

absolute since it has to be reconciled with the legitimate exercise of police power.
Resolution No. 27 was obviously passed in exercise of police power to safeguard
health, safety, peace and order and the general welfare of the people in the locality as
it would not be a conducive residential area considering the amount of traffic, pollution,
and noise which results in the surrounding industrial and commercial establishments.
AC ENTERPRISES, INC. VS. FRABELLE PROPERTIES CORP.
G.R. NO. 166744, November 2, 2006.
CALLEJO, SR., J.:
FACTS. AC Enterprises is a corporation who owns a 10-storey building in Makati

City. On the other hand, Frabelle Properties is a condominium corporation whose
condominium development is located behind petitioner AC. Respondent complained
of the unbearable noise emanating from the blower of the air-conditioning units of
petitioner.
ISSUE. Whether or not the 'unbearable noise’ in the case at bar is a nuisance as to be
resolved only by the courts in the due course of proceedings.
RULING.
The Supreme Court Ruled in the affirmative.

It is a nuisance to be resolved only by the courts in the due course of

proceedings. The noise is not a nuisance per se. Noise becomes actionable only
when it passes the limits of reasonable adjustment to the conditions of# the locality
and of the needs of the maker to the needs of the listener. Injury to a particular
person in a peculiar position or of especially sensitive characteristics will not render
the house an actionable nuisance in the conditions. The determining factor is not its
intensity or volume. It is that the noise is of such character as to produce actual
physical discomfort and annoyance to a person of ordinary sensibilities rendering
adjacent property less comfortable and valuable.

“THE ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000”
Republic Act No. 9003

I. GOVERNING LAW
Republic Act No. 9003, otherwise known as the Solid Waste Management
Act of 2000, provides the guidelines for the efficient solid waste management in the
country, reduction of the volume of waste, its environment friendly disposal,
composting, recycling, re-use, recovery, green charcoal process; for the collection,
treatment and disposal in environmentally sound solid waste management facilities
whereas it shall be possible to correctly dispose the proper segregation, collection,
transport, storage, treatment and disposal of solid waste ;under this Act national
research and development.
II. BASIC PRINCIPLE
Like any other legislative acts, the Solid Waste Management Act of 2000 adheres
to certain principles which is indispensable in the attainment of its purpose and objectives.
The basic principles of the act are embodied in Section 2 thereof.
“Section 2. Declaration of Policies. – It is hereby declared the policy of the State

to adopt a systematic, comprehensive and ecological solid waste management
program which shall:
(a) Ensure the protection of public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of

valuable resources and encourage resources conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization measures,
including composing, recycling, re-use, recovery, green charcoal process,
and others, before collection, treatment and disposal in appropriate and
environmentally sound solid waste management facilities in accordance
with ecologically sustainable development principles;
(d) Ensure the proper segregation, collection, transport, storage, treatment

and disposal of solid waste through the formulation and adoption of the best

environmental practices in ecological waste management excluding

incineration;
(e) Promote national research and development programs for improved

solid waste management and resource conservation techniques, more
effective institutional arrangement and indigenous and improved methods
of waste reduction, collection, separation and recovery.
(f) Encourage greater private sector participation in solid waste

management;
(g) Retain primary enforcement and responsibility of solid waste

management with local government units while establishing a cooperative
effort among the national government, other local government units, non-
government organizations, and the private sector;
(h) Encourage cooperation and self-regulation among waste generators

through the application of market-based instruments;
(i) Institutionalize public participation in the development and

implementation of national and local integrated, comprehensive and
ecological waste management programs; and
(j) Strengthen the integration of ecological solid waste management and

resource conservation and recovery topics into the academic curricula of
formal and non-formal education in order to promote environmental
awareness and action among the citizenry.”
X. SALIENT FEATURES
The salient features of any legislative act is its most important and distinctive attributes.
Hence, it is an integral part in the attainment of the objectives of any act. As such, Republic
Act No.9003 lays down its salient features in this wise:


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NATURAL RESOURCES AND ENVIRONMENTAL LAW

“THE PHILIPPINE CLEAN AIR ACT OF 1999”

Republic Act No. 8749

ALMIRA. BADANGAN. BARBERO. 1

II. BASIC PRINCIPLE

ALMIRA. BADANGAN. BARBERO. 2

III. SALIENT FEATURES

“The State shall pursue a policy of balancing development and environmental

 Formulate a holistic national program of air pollution that shall be implemented

IV. DECLARATION OF POLICIES

ALMIRA. BADANGAN. BARBERO. 3

“Sec.3. Declaration of Policies – The State shall pursue a policy of balancing

a) Formulate a holistic national program of air pollution that shall be

POLICY DECLARED ENTITY RESPONSIBLE

ALMIRA. BADANGAN. BARBERO. 4

V. RIGHTS RECOGNIZED UNDER THE LAW

“SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the

ALMIRA. BADANGAN. BARBERO. 5

ALMIRA. BADANGAN. BARBERO. 6

VI. INSTITUTIONAL MECHANISM

The Department of Environment and Natural Resources is the executive

ALMIRA. BADANGAN. BARBERO. 7

“Sec. 35. Linkage Mechanism – The Department shall consult, participate,

i. DEPARTMENT OF ENERGY (DOE)

The Department of Energy is the executive department of the

“SEC. 26. Fuels and Additives.- Pursuant to the Air Quality

ALMIRA. BADANGAN. BARBERO. 8

Consistent with the provisions of the preceding paragraphs under

a) not later than eighteen (18) months after the effectivity of

ALMIRA. BADANGAN. BARBERO. 9

volume; Provided, that by year 2003, unleaded gasoline

b) not later than eighteen (18) months after the effectivity of

c) not later than eighteen (18) months after the effectivity of

Every two (2) years thereafter or as the need arises, the

The fuels characterized above shall be commercially available.

ALMIRA. BADANGAN. BARBERO. 10

Any proposed additive shall not in any way increase emissions of

ii. DEPARTMENT OF TRANSPORATION AND COMMUNICATION

The Department of Transportation is the executive department of the

“Section 21. Pollution from Motor Vehicles. – The DOTC shall

ALMIRA. BADANGAN. BARBERO. 11

the maximum limits for all major pollutants to ensure substantial

“Section 25. Pollution from other mobile sources. - The

“Section 46. Violation of Standards for Motor Vehicles. – No motor

iii. DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST)

The Department of Science and Technology is the executive

ALMIRA. BADANGAN. BARBERO. 12

Sections 15 and 26 of Republic Act No. 8749 lays down the

“Section 15. Air Pollution Research and Development Program. –

Such a research and development program shall develop air quality

“Section 26. Fuels and Additives. – Pursuant to the Air Quality

ALMIRA. BADANGAN. BARBERO. 13

iv. DEPARTMENT OF TRADE AND INDUSTRY (DTI)

The Philippine Department of Trade and Industry is the executive

Its importance in the implementation and enforcement of Republic

“Section 21. Pollution from Motor Vehicles. - a) The DOTC shall

d) In order to ensure the substantial reduction of emissions from

ALMIRA. BADANGAN. BARBERO. 14

implement a national motor vehicle inspection and maintenance

“Section 26. Fuels and Additives. – Pursuant to the Air Quality

“Section 46 – All law enforcement officials and deputized agents

ALMIRA. BADANGAN. BARBERO. 15

concerned agencies and private entities shall design a training