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Lesson 4.5.

11 Philippine Clean Air Act (RA 8749)

Republic Act No. 8749


Philippine Clean Air Act of 1999
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Lesson Goal
This lesson is intended to apprise participants
with the various provisions of laws on the
protection and preservation of the environment
particularly the Philippine Clean Air Act.
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Lesson Goal
After the lesson, the participants will be able to:

1. Explain the principles relative to Philippine


Clean Air Act of 1999;
2. Discuss the policy of the State relative to
Philippine Clean Air Act
3. Discuss the rights of the citizens under
Philippine Clean Air Act;
4. Define and discuss some terminologies under
Philippine Clean Air Act;
5. Discuss the different prohibited acts and
penalties relative to Clean Air Act;
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Scope of Presentation
 Principles
 Policy of the State
 Rights of the Citizens
 Definition of Terms
 Prohibited Acts and Penalties
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Declaration of Principles
A. Provides for a comprehensive air pollution
control policy.

B. The State recognizes the principle that “polluters


must pay”

C. The State shall pursue a policy of balancing


development and environmental protection

D. Focus primarily on pollution prevention rather


than on control
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Declaration of Policies
The State shall pursue a policy of balancing
development and   environmental protection. To
achieve this end, the frame work for sustainable
development shall be pursued. It   shall be the
policy of the State to:

A. Formulate a holistic national program of air


pollution management.

B. Encourage cooperation and self-regulation


Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Declaration of Policies
C. Focus primarily on pollution prevention rather
than on control.

D. Promote public information and education.

E. Formulate and enforce a system of


accountability
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Recognition of Rights
1. Right to breathe clean air

2. Right to utilize and enjoy all natural resources

3. Right of access to public records

4. Right to bring action in court or quasi-judicial

5. Right to bring action in court for compensation


of personal damages
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Definition of Terms
A. AIR POLLUTANT - any matter found in the
atmosphere other than oxygen, that is
detrimental to health or the   environment

B. AIR POLLUTION - any alteration of the physical,


chemical and biological properties of the
atmospheric   air detrimental to public health

C. AMBIENT AIR QUALITY GUIDELINE VALUES -


means the concentration of air over specified
periods classified as   short-term and long-term
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Definition of Terms
D. AMBIENT AIR QUALITY - means the general
amount of pollution present in a broad area

E. CERTIFICATE OF CONFORMITY - means a


certificate issued by the Department of
Environment and Natural   Resources to a
vehicle manufacturer / assembler or importer

F. DEPARTMENT - means the Department of


Environment and Natural Resources
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Definition of Terms
G. ECO-PROFILE - means the geographic-based
instrument for planners and decision makers

H. EMISSION - any air contaminant which is


passed into the atmosphere

I. GREENHOUSE GASES - gases that can


potentially or can reasonably be expected to
induce   global warming
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Definition of Terms
J. OCTANE RATING OR THE ANTI-KNOCK
INDEX(AKI) - means the rating of the anti-knock
characteristics of a grade   or type of automotive
gasoline

K. OZONE DEPLETING SUBSTANCES (ODS) -


means those substances that significantly
deplete or otherwise   modify the ozone layer

L. PERSISTENT ORGANIC POLLUTANTS


(POPS) - means the organic compounds that
persist in the environment,   bioaccumulate
through the food web
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Definition of Terms
M. POISONOUS AND TOXIC FUMES - means any
emissions and fumes

N. POLLUTION CONTROL DEVICE - means any


device or apparatus used to prevent, control or
abate the pollution of   air caused by emissions

O. POLLUTION CONTROL TECHNOLOGY -


means the pollution control devices, production
process, fuel combustion   processes or other
means that effectively prevent or reduce
emissions or effluent
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Definition of Terms
P. STANDARD OF PERFORMANCE - means a
standard for emissions of air pollutant which
reflects the degree of   emission limitation
achievable through the application of the best
system of emission reduction

Q. STATIONARY SOURCE - means any building or


immobile structure, facility or installation which
emits or may emit any air pollutant
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


A. Violation of Standards for Stationary Sources

1. Fine of not more than P100,000.00 for every


day of  violation
2. Fines shall be increased by at least 10% every
3 years
3. In addition to the fines, the PAB shall order
closure, suspension of development,
construction, or operations of  the stationary
sources
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


B. Violation of Standards for Motor Vehicles

1. No motor vehicle shall be registered with the


DOTC unless  it meets the emission
standards
2. Any vehicle suspected of violation of emission
standards, shall be subjected to an emission
test
 For this  purpose, roadside inspection
system shall be established
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


B. Violation of Standards for Motor Vehicles

3. If no violation = immediate release of vehicle

4. If there is violation = payment of penalty,


surrender of license plate, & necessary
repairs. Otherwise, vehicle will be impounded.
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


B. Violation of Standards for Motor Vehicles

5. driver and operator - undergo seminar plus


the following penalties:

a. First Offense - fine not more than


P2,000.00
b. Second Offense - fine not less than
P2,000.00 but not more than P4,000.00
c. Third offense - 1 year suspension & fine of
not less than P4,000.00 and not more than
P6,000.00
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


B. Violation of Standards for Motor Vehicles

 All law enforcement officials and deputized


agents accredited shall undergo a mandatory
training on emission standards and
regulations.

 For this purpose,  the DENR, together with


the DOTC, DTI, DOST, Philippine National
Police (PNP) and other concerned  agencies
and private entities shall design a training
program
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


C. Violations of all other provisions of the Act and of
the rules and regulations thereof

1. Fine of not less than P10,000 but not more


than P100,000 or 6 months to 6 years 
imprisonment or both

2. If the offender is a juridical person, the


officials directly in charge of the operations
shall suffer the penalty provided
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


D. Gross Violations

1. PAB shall recommend to file the appropriate


criminal charges against the  violators

2. Gross Violations shall mean:


a. 3 or more specific offenses within 1 year
b. 3 or more specific offenses within 3
consecutive years
c. Blatant disregard of the orders of the PAB
d. Irreparable or grave damage to the
environment
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Prohibited Acts and Penalties


D. Gross Violations

3. Imprisonment of not less than 6 years but not


more than 10 years at the discretion of the
court.
 
4. If the offender is a juridical person, the
officials directly in charge of the operations
shall suffer the penalty provided
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

Summary
In this lesson, the participants were able to:

 Discussed the principles of the Philippine Clean


Air Act.
 Discussed the rights of the citizens under this
Act.
 Discussed the definition of terminologies.
 Discussed the prohibited and penalties under
Clean Air Act.
Lesson 4.5.11 Philippine Clean Air Act (RA 8749)

THANK YOU!

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