Implementing Agencies

The DENR through the Environmental Management Bureau is the

primary government agency responsible for the implementation of this
Act. It shall have the following functions;
a. Promulgate rules and regulations as may be necessary to
implement the intent and provision of this Act

b. Closely supervise all or parts of the air quality action plans

until such time that the LGU concerned can assume the
function to enforce the standards set by the Department;

c. Revise, from time to time, the designation of air-shed utilizing

eco-profiling techniques and undertaking scientific studies
 Designate areas where specific pollutants have already
exceeded ambient standards as non-attainment areas and
to revise the designation of such areas after consultation
with LGUs, NGOs, Pos and concerned sectors

 Establish a National Research and Development Program

for the prevention and control of air pollution, in
coordination with DOST, other agencies, private sector,
academe, NGOs and POs

 Institute administrative proceedings pursuant to Section

40 of this Act

 Impose fines, through the PAB for violations of standards

for stationary sources
 Section 2. The Pollution Adjudication
Board.
 The Pollution Adjudication Board (PAB) shall have sole
and exclusive jurisdiction over all cases of air pollution, as
defined in these Implementing Rules and Regulations,
and all other matters related thereto, including the
imposition of administrative sanctions, except as may be
provided by law.

 Shall adopt and promulgate the rules of practice and

procedure in air pollution cases from stationary sources
under this Act. Unless otherwise revised or amended, the
existing rules of the PAB, PAB Resolution No. 1-C, Series
of 1997, shall apply
 Department of Transportation and
Communication through LTO
 Implements the emission standards for motor
vehicles set pursuant to and as provided in this
Act.
 Further improve emission standards, review,
revise and publish the standards every two 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.
 Philippine Atmospheric Geophysical
and Astronomical Services
Administration.

 Regularly monitors meteorological factors

affecting environmental conditions
including ozone depletion and greenhouse
gases and coordinate with DOTC in order to
effectively guide air pollution monitoring
and standard-setting activities
Local Government Units (LGUs)

 Shall share the responsibility in the

management and maintenance of air
quality within their territorial jurisdiction.

 Implements air quality standards set by the

Board in areas within their jurisdiction
 Environment and Natural Resources
Office
 Prepare comprehensive air quality management programs,
plans and strategies within the limits set forth in RA 7160.

 Provide technical assistance and support to the governor or

mayor to ensure the delivery of basic services and the
provision of adequate facilities relative to air quality

 Take the lead in all efforts concerning air quality protection

and rehabilitation

 Recommend to the board air quality standards which shall

not exceed the maximum permissible standards set by
national laws
 MANDAMUS
 Defined as an action of the High Court commanding and
individual, organization administrative tribunal or court to
perform a certain action usually to correct an earlier action or
failure to fulfill some duty.

 Under this law, this action does not lie to compel public utility
vehicles (PUVs) to use compressed natural gas as an alternative
fuel in the absence of specific law on the matter.

 There is no law that imposes an indubitable legal duty on

respondents LTFRB and DOTC that will justify a grant of this
kind of action

 The legislature should first provide specific statutory remedy to

the complex environmental problems environmental problems
bared by petitioners before any judicial recourse by mandamus is
taken.
 Henares vs. LTFRB
FACTS: Issue:
 Petitioners challenge the Supreme Court
to issue a writ of mandamus commanding
respondents Land Transportation
Franchising and Regulatory Board
(LTFRB) and the Department of
Transportation and Communications
(DOTC) to require public utility vehicles
(PUVs) to use compressed natural gas
(CNG) as alternative fuel.
 To counter the aforementioned
detrimental effects of emissions from
PUVs, petitioners propose the use of
CNG. According to petitioners, CNG is a
natural gas comprised mostly of methane
which although containing small amounts
of propane and butane,10 is colorless and
odorless and considered the cleanest
fossil fuel because it produces much less
pollutants than coal and petroleum
Whether or not mandamus can be
validly issue against respondents so
as to compel PUVs to use CNG as
alternative fuel?
The SC ruled in the negative such that
the writ of mandamus commanding
the respondents to require PUV’s to
use CNG is unavailing. 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.