Professional Documents
Culture Documents
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.
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.
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 Declaration of Policies is also laid down in Section 3 of Republic Act 8749 to wit:
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.
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
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.
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)”
A. LEAD AGENCY
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.
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:
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.
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.
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.”
“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.
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:
B. CITIZEN’S SUIT
“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.”
c. Role of DENR
d. Role of LGUs
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
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
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
C. OTHER SOURCES
D. OTHER POLLUTANTS
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
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
GMMSWSC vs JANCOM
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
QUISUMBING, J.:
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:
GANCAYCO, J.:
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.
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.
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.”
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.
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.
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.
(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;
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: