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NATRES Philippine Clean Air Act
NATRES Philippine Clean Air Act
Lead Agency
Other Pollutants
The Department, unless otherwise provided
1. Ozone-Depleting Substances herein, shall be the primary government
agency responsible for the implementation
Consistent with the terms and conditions of the
and enforcement of this Act. To be more
Montreal Protocol on Substances that Deplete the
effective in this regard, The Department’s
Ozone Layer and other international agreements and
Environmental Management Bureau (EMB)
protocols to which the Philippines is a signatory, the
shall be converted from a staff bureau to a
Department shall phase out ozone-depleting
line bureau for a period of no more than two
substances.
(2) years, unless a separate, comprehensive
Within sixty (60) days after the enactment of this environmental management agency is
Act, the Department shall publish a list of substances created.
which are known to cause harmful effects on the
stratospheric ozone layer.
Role of Local Government Units
2. Greenhouse Gases
LGUs shall share the responsibility in the
The Philippine Atmospheric, Geophysical and management and maintenance of air quality
Astronomical Service Administration (PAGASA) within their territorial jurisdiction.
shall regularly monitor meteorological factors LGUs shall implement air quality standards
affecting environmental conditions including ozone set by the Board in areas within their
depletion and greenhouse gases and coordinate with jurisdiction.
the Department in order to effectively guide air In one jurisprudence: SC held that town
pollution monitoring and standard-setting activities. mayor has responsibility of protecting its
The Department, together with concerned agencies inhabitants from pollution
and local government units, shall prepare and fully The Department shall provide the LGUs with
implement a national plan consistent with the United technical assistance, trainings and a
Nations Framework Convention on Climate Change continuing capability-building program to
and other international agreements, conventions and prepare them to undertake full administration
protocols on the reduction of greenhouse gas of the air quality management and regulation
emissions in the country. within their territorial jurisdiction.
3. Radioactive Emissions
All projects which will involve the use of atomic Pollution and Adjudication Board (PAB)
and/or nuclear energy, and will entail release and The PAB shall have the sole and exclusive
emission of radioactive substances into the jurisdiction over all cases of air pollution and
environment, incident to the establishment or all matters related thereto, including the
possession of nuclear energy facilities and imposition of administrative sanctions,
radioactive materials, handling, transport, except as may be provided by law.
production, storage, and use of radioactive
materials, shall be regulated in the interest of public
health and welfare by the Philippine Nuclear
Research Institute (PNRI), in coordination with
Citizen Suits Suits and Strategic Legal Actions against Public
Participation (SLAPP) and the Enforcement of
Sec. 5 of the Rules of Procedure for
the Act
Environmental Cases provides:
Any Filipino citizen in representation Where a suit is brought against a person who
of others, including minors or generations yet filed an action, or against any person,
unborn, may file an action to enforce rights institution or government agency that
or obligations under environmental laws. implements this Act, it shall be the duty of the
Upon the filing of a citizen suit, the court investigating prosecutor or the court to
shall issue an order which shall contain a immediately make a determination not
brief description of the cause of action and exceeding 30 days whether said legal action
the reliefs prayed for, requiring all interested has been filed to harass, vex, exert undue
parties to manifest their interest to intervene pressure or stifle such legal recourses of the
in the case within 15 days from notice person complaining of or enforcing the
thereof. The plaintiff may publish the order provisions of this Act.
once in a newspaper of a general circulation This shall also apply to public officers who
in the Philippines or furnish all affected are sued for acts committed in their official
barangays copies of said order. capacity, there being no grave abuse of
For purposes of enforcing the provisions of discretion and done in the course of enforcing
this Act or its implementing rules and the Act.
regulations, any citizen may file an
appropriate civil, criminal or administrative
action in the proper courts against: Fines and Penalties
(a) Any person who violates or fails to
comply with the provisions of this Act or its A. Violation of standards for stationary sources
implementing rules and regulations; or For actual exceedance of any pollution or air
(b) The Department or other implementing quality standards under this Act or its rules and
agencies with respect to orders, rules and regulations, the Department, through the PAB
regulations issued inconsistent with this Act; shall impose a fine of NOT MORE THAN
and/or P100,000 FOR EVERY DAY OF VIOLATION
(c) Any public officer who willfully or against the owner or operator of a stationary
grossly neglects the performance of an act source until such time that the standards have
specifically enjoined as a duty by this Act or been complied with
its implementing rules and regulations; or The fines prescribed shall be increased by at least
abuses his authority in the performance of his ten percent every three years to compensate for
duty; or, in any manner, improperly inflation and to maintain the deterrent function of
performs his duties under this Act or its such fines
implementing rules and regulations: In addition to the fines, CLOSURE AND
Provided, however, That no suit can be filed SUSPENSION of development, construction, or
until thirty-day (30) notice has been taken operations of the stationary sources may be order
thereon. UNTIL such time that proper environmental
safeguards are put in place
There may be an immediate issuance of an ex
parte order for such closure, suspension or
cessation of operations during the pendency of
the case upon prima facie evidence that there is
imminent threat to life, public health, safety or
general welfare, or to plant or animal life.
B. Violation of standards for motor vehicles (4) Irreparable or grave damage to the
Any vehicle suspected of violation of emission environment as a consequence of any
standards through visual signs, shall be subjected violation or omission of the provisions of the
to an emission test Act
> IF THERE WAS NO VIOLATION =
IMPRISONMENT OF NOT LESS THAN
vehicle be immediately released
SIX YEARS BUT NOT MORE THAN TEN
YEARS for gross violations
> WITH VIOLATION = continuing custody
If the offender is a juridical person, the
of the impounded vehicle (unless the
president, manager, directors, trustees, the
appropriate penalties are fully paid) and
pollution control officer or the officials
license plate is surrendered to DOTC
directly in charge of the operations shall
(pending the fulfillment of undertaking to
suffer the penalty
make necessary repairs so as to comply with
the standards)
In addition, the driver and operator shall undergo
SEMINAR ON POLLUTION CONTROL AND
MANAGEMENT and the following penalties:
a. First offense – a fine not to exceed P2,000
b. Second offense – a fine not less than P2,000
and not to exceed P4,000
c. Third offense – 1 yr suspension of the Motor
Vehicle Registration and a fine of not less
than P4,000 and not more than P6,000