RA 9003
established pursuant;
Solid waste mngt
Section 2. Declaration of Policies. -- It is hereby
declared the policy of the State to
adopt a systematic, comprehensive and ecological solid
waste management programwhich shall:
(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 anddisposal of solid waste through the
formulation and adoption of the best environmental
practices in ecological waste management excluding
incineration;
types of wastes identified
by RA 9003:
1. Solid Wastes – all discarded household, commercial
wastes, nonhazardous institutional and industrial wastes,
street sweepings,construction debris, agricultural wastes,
and other non-hazardous/nontoxic solid wastes.
2. Special Wastes – these are household hazardous
wastes such as paints, thinners, household batteries,
lead-acid batteries, spray canisters, and the like. These
include wastes from residential and commercial sources
that comprise of bulky wastes, consumer electronics,
white goods, yard wastes that are collected separately,
oil, and tires. These wastes are usually handled
separately from other residential and commercial wastes.
3. Hazardous Wastes – these are solid, liquid, contained
gaseous or semisolid wastes which may cause or
contribute to the increase in mortality, or in serious or
incapacitating reversible illness, or acute/chronic effect
on the health of people and other organisms.
4. Infectious Wastes – mostly generated by hospitals.
5. Wastes resulting from mining activities including
contaminated soil and debris.
PROHIBITED ACTS | FINES AND PENALTIES |
REPUBLIC ACT 9003 ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000
Section 48. Prohibited Acts – The following acts are
prohibited:
1. Littering, throwing, dumping of waste matters in
public places, such as roads, sidewalks, canals, esteros or
parks, and establishment, or causing or permitting the
same;
2. Undertaking activities or operating, collecting or
transporting equipment in violation of sanitation
operation and other requirements or permits set forth in
3.The open burning of solid waste;
4. Causing or permitting the collection of non-segregated
or unsorted wastes;
5. Squatting in open dumps and landfills;
6. Open dumping, burying of biodegradable or non-
biodegradable materials in flood prone areas;
7. Unauthorized removal of recyclable material intended
for collection by authorized persons;
8. The mixing of source-separated recyclable material
with other solid waste in any vehicle, box, container or
receptacle used in solid waste collection or disposal;
9. Establishment or operation of open dumps as enjoined
in this Act, or closure of said dumps in violation of Sec.
37;
10. The manufacture, distribution or use of non-
environmentally acceptable packaging materials;
11. Importation of consumer products packaged in non-
environmentally acceptable materials;
12. Importation of toxic wastes misrepresented as
"recyclable" or "with recyclable content";
13. Transport and dumplog in bulk of collected
domestic, industrial, commercial, and institutional
wastes in areas other than centers or facilities prescribe
under this Act;
14. Site preparation, construction, expansion or
operation of waste management facilities without an
Environmental Compliance Certificate required pursuant
to Presidential Decree No. 1586 and this Act and not
conforming with the land use plan of the LGU;
15. The construction of any establishment within two
hundred (200) meters from open dumps or controlled
dumps, or sanitary landfill; and
16. The construction or operation of landfills or any
waste disposal facility on any aquifer, groundwater
reservoir, or watershed area and or any portions thereof.
Section 49. Fines and Penalties
1. Any person who violates Sec. 48 paragraph (1) shall, 9. If the offender is an alien, he shall, after service of the
upon conviction, be punished with a fine of not less than sentence prescribed above, be deported without further
Three hundred pesos (P300.00) but not more than One administrative proceedings.
thousand pesos (P1,000.00) or render community service
for not less than one (1) day to not more than fifteen (15) 10. The fines herein prescribed shall be increased by at
days to an LGU where such prohibited acts are lest ten (10%) percent every three (3) years to
committed, or both; compensate for inflation and to maintain the deterrent
functions of such fines.
2. Any person who violates Sec. 48, pars. (2) and (3),
shall, upon conviction be punished with a fine of not less Section 50. Administrative Sanctions – Local
than Three hundred pesos (P300.00) but not more than government officials and officials of government
One thousand pesos (P1,000.00) or imprisonment of not agencies concerned who fail to comply with and enforce
less than one (1) day but to not more than fifteen (15) rules and regulations promulgated relative to this Act
days, or both; shall be charged administratively in accordance with
R.A. 7160 and other existing laws, rules and regulations
3. Any person who violates Sec. 48, pars. (4), (5), (6)
and (7) shall, upon conviction, be punished with a fine of
not less than One thousand pesos (P1,000.00) but not
more than Three thousand pesos (P3,000.00) or RA8749
imprisonment of not less than fifteen (15) day but to not
Basic Air Quality Policies
more than six (6) months, or both;
Section 1. Short Title - This Act shall be known as the
4. Any person who violates Sec. 48, pars (8), (9), (10)
"Philippine Clean Air Act
and (11) for the first time shall, upon conviction, pay a
of 1999."
fine of Five hundred thousand pesos (P500,000.00) plus
Section 2. Declaration of Principles. - The State shall
and amount not less than five percent (5%) but not more
protect and advance the right of the people to a balanced
than ten percent (10%) of his net annual income during
and healthful ecology in accord with the rhythm and
the previous year.
harmony of nature. The State shall promote and protect
the global environment to attain sustainable development
5. The additional penalty of imprisonment of a minimum
while recognizing the primary responsibility of local
period of one (1) year but not to exceed three (3) years at
government units to deal with environmental problems.
the discretion of the court, shall be imposed for second
The State recognizes that the responsibility of cleaning
or subsequent violations of Sec. 48, pars. (9) and (10).
the habitat and environment is primarily area-based. The
State also recognizes the principle that "polluters must
6. Any person who violates Sec. 48, pars. (12) and (13)
pay". Finally, the State recognizes that a clean and
shall, upon conviction, be punished with a fine not less
healthy environment is for the good of all and should
than Ten thousand pesos (P10,000.00) but not more than
therefore be the concern of all.
Two hundred thousand pesos (P200,000.00) or
imprisonment of not less than thirty (30) days but not
Section 3. Declaration of Policies. - The State shall
more than three (3) years, or both;
pursue a policy of balancing development and
environmental protection. To achieve this end, the
7. Any person who violates Sec. 48, pars. (14), (15) and
framework for sustainable development shall be pursued.
(16) shall, upon conviction, be punished with a fine not
It shall be the policy of the State to:
less than One hundred thousand pesos (P100,000.00) but
a) Formulate a holistic national program of air pollution
not more than One million pesos (P1,000,000.00), or
management that shall be
imprisonment not less than one (1) year but not more
implemented by the government through proper
than six (6) years, or both.
delegation and effective coordination of functions and
activities;
8. If the offense is committed by a corporation,
b) Encourage cooperation and self-regulation among
partnership, or other juridical identity duly recognized in
citizens and industries though the application of market-
accordance with the law, the chief executive officer,
based instruments;
president, general manager, managing partner or such
c) Focus primarily on pollution prevention rather than on
other officer-in-charge shall be liable for the commission
control and provide for a comprehensive management
of the offense penalized under this Act.
program for 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 the
setting up of a funding or guarantee mechanism for
clean-up and environmental
rehabilitation and compensation for personal damages.
Article 3
Pollution From Stationary Sources
Section 19. Pollution From Stationary Sources. –
The Department shall, within two (2) years from the
effectivity of this Act, and every two (2) years thereafter,
review, or as the need therefor arises, revise and publish
emission standards, to further improve the PRIME - M4
Page 13 of 29emission standards for stationary sources
of air pollution. Such emission standards shall be based
on mass rate of emission for all stationary sources of air
pollution based on internationally-accepted standards,
but not be limited to, nor be less stringent than such
Standards and with the standards set forth in this section.
The standards, whichever is applicable, shall be the limit
on the acceptable level of pollutants emitted from a
stationary source for the protection of the public's health
and welfare.
Section 20. Ban on Incineration.
- Incineration, hereby defined as the burning
of municipal, bio-medical and hazardous wastes, which
process emits poisonous and toxicfumes, is hereby
prohibited: Provided, however, That the prohibition shall
not apply to traditional small-scale method of
community/neighbourhood sanitation "siga", traditional,
agricultural, cultural, health, and food preparation and
crematoria: Provided, further, existing incinerators
dealing with bio-medical wastes shall be phased out
within three (3)years after the effectivity of this Act:
Provided, finally, That in the interim, such units shall be
limited to the burning of pathological and infectious
wastes, and subject to close monitoring by the
Department.
Article 4
Pollution From Motor Vehicles
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.
Section 22. Regulation of All Motor Vehicles and
Engines. - Any imported new or locally-assembled new
motor vehicle shall not be registered unless it complies
with the emission standards set pursuant to this Act, as
evidenced by a Certificate of Conformity (COC) issued
by the Department. Any imported new motor vehicle
engine shall not be introduced into commerce, sold
or used unless it complies with emission standards set
pursuant to this Act.
Section 23. Second-Hand Motor Vehicle Engines. - Any
imported second hand motor vehicle engine shall not be
introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this
Act.
Article 5
Pollution From Other Sources
Section 24. Pollution from Smoking. - Smoking inside a
public building or an enclosed public place including
public vehicles and other means of transport or in
anyenclosed area outside of one's private residence,
private place of work or any duly designated smoking
area is hereby prohibited under this Act. This provision
shall beimplemented by the LGUs.
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 Section 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.
Chapter 3
Fuels, Additives, Substances And Pollutants
Article 1
Fuels, Additives And Substances
Section 26. Fuels and Additives. - Pursuant to the Air
Quality Framework to be established under Section 7 of
this Act, this 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 specifications for
all types of fuel and fuel-related products, to improve
fuel composition for increased efficiency and reduced
emissions:
Section 27. Regulation of Fuels and Fuel Additives. -
The DOE, in coordination with the Department and the
BPS, shall regulate the use of any fuel or fuel additive.
No manufacturer, processor or trader of any fuel or
additive may import, sell, offer for sale, or introduce into
commerce such fuel or additive unless the same has been
registered with the DOE. Prior to registration, the
manufacturer, processor or trader shall provide the DOE
with the following relevant information:
a) Product identity and composition to determine the
potential health effects of such fuels and additives;
b) Description of the analytical technique that can be
used to detect and measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfuelling.
- In order to prevent the disabling of any emission
control device by lead contamination, no person shall
introduce or cause or allow the introduction of leaded
gasoline into any motor vehicle equipped with a gasoline
tank filler inlet and labelled "unleaded gasoline only".
This prohibition shall also apply to any person who
knows or should know that such vehicle is designed
solely for the use of unleaded gasoline.
Section 29. Prohibition on Manufacture, Import and Sale
of Leaded Gasoline
and of Engines and/or Components Requiring Leaded
Gasoline. - Effective not later than eighteen (18) months
after the enactment of this Act, no person shall
manufacture, import, sell, offer for sale, introduce into
commerce, convey or otherwise dispose of, in any
manner leaded gasoline and engines and components
requiring the use of leaded gasoline.
Article 2
Other Pollutants
Section 30. Ozone-Depleting Substances
- Consistent with the terms and conditions of the
Montreal Protocol on Substances that Deplete the Ozone
Layer and other international agreements and protocols
to which the Philippine is a signatory, theDepartment
shall phase out ozone-depleting substances.
Section 31. Greenhouse Gases. - The Philippine
Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor
meteorological factors affecting environmental
conditions including ozone depletion and greenhouse
gases and coordinate with the Department in order to
effectively guide air pollution monitoring andstandard-
setting activities.
Section 32. Persistent Organic Pollutants. - The
Department shall, within aperiod of two (2) years after
the enactment of this Act, establish an inventory list of
allsources of Persistent Organic Pollutants (POPs) in the
country. The Department shalldevelop short-term and
long-term national government programs on the
reduction andelimination of POPs such as dioxins and
furans. Such programs shall be formulated within ayear
after the establishment of the inventory list.
Section 33. Radioactive Emissions
- All projects which will involve the use
atomic and/or nuclear energy, and will entail release and
emission of radioactive substances into the environment,
incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling,
transport, 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 the Department
and other appropriate government agencies.
PROHIBITED ACTS | FINES AND PENALTIES |
REPUBLIC ACT 8749 PHILIPPINE CLEAN AIR ACT
OF 1999
Section 1. Fines and Penalties for Violations of Other
Provisions in the Act For violations of all other
provisions provided in the Act and these Implementing
Rules and Regulations, fine of not less than Ten
Thousand Pesos (P 10,000.00) but not more than One
Hundred Thousand Pesos (P 100,000.00) or six (6) years
imprisonment or both shall be imposed. If the offender is
a juridical person, the president, manager, directors,
trustees, the pollution control officer or officials directly
in charge of the operations shall suffer the penalty herein
provided.
Section 2. Burning of Municipal Waste
Any person who burns municipal waste in violation of
Sections 1 and 3 of Rule XXV shall be punished with
two (2) years and one (1) day to four (4) years
imprisonment.
Section 3. Burning of Hazardous Substances and Wastes
Any person who burns hazardous substances and wastes
in violation of Section 1 of Rule XXV shall be punished
with four (4) years and one (1) day to six (6) years
imprisonment.
Section 4. Burning of Bio-Medical Waste. Any person
who burns bio-medical waste in violation of Section 4 of
Rule XXV shall be punished with four (4) years and one
(1) to six (6) years imprisonment.
Section 5. Smoking in Public Places Any person who
smokes inside a public building or an enclosed public
place, including public utility vehicles or other means of
public transport or in any enclosed area outside of his
private residence, private place of work or any duly
designated smoking area shall be punished with six (6)
months and one (1) day to one (1) year imprisonment or
a fine of ten thousand pesos (P 10,000.00).
Section 6. Manufacture, Importation, Sale, Offer for
Sale, Introduction into Commerce, Conveyance or other
Disposition of Leaded Gasoline.Any person who
manufactures, imports, sells, offers for sale, introduces
into commerce, conveys or otherwise disposes of, in any
manner leaded gasoline shall be punished with three (3)
years and one (1) day to five (5) years imprisonment and
liable for the appropriate fine as provided in Section 1.
Section 7. Manufacture, Importation, Sale, Offer for
Sale, Introduction into Commerce, Conveyance or other
Disposition of Engines and/or Engine Components
Requiring Leaded Gasoline.
Any person who manufactures, imports, sells, offers for
sale, introduces into commerce,conveys or otherwise
disposes of, in any manner engines and/or engine
components which require theuse of leaded gasoline
shall be punished with three (3) years and one (1) day to
five (5) yearsimprisonment and liable for the appropriate
fine as provided in Section 1.
Section 8. Manufacture, Importation, Sale, Offer for
Sale, Dispensation, Transportation or Introduction into
Commerce of Unleaded Gasoline Fuel which do not
Meet the Fuel
Specifications:
years and one (1) day to five (5)years imprisonment and
liable for the appropriate fine as provided in Section 1.
Section 11. Manufacture, Processing, Trade of Fuel or
Fuel Additive Without Prior Registration of the Fuel or
Fuel Additive with the DOE.
Any person who manufactures, processes, or engages in
the trade of any fuel or fuel additive without having the
fuel or fuel additive registered with the DOE shall be
punished with two (2) years and one (1) day to four (4)
years of imprisonment and liable for the appropriate fine
as provided in Section 1.
Section 12. Misfuelling.
Misfuelling refers to the act of introducing or causing or
allowing the introduction of leaded gasoline into any
motor vehicle equipped with a gasoline tank filler inlet
and labeled “unleaded gasoline only.”
Any person who misfuels shall be punished with one (1)
year and one (1) day to three (3) years imprisonment or a
fine of twenty thousand pesos (P 20,000.00)

Any person who manufactures, sells, offers for sale,

dispenses, transports or introduces into commerce
unleaded premium gasoline fuel in violation of Section 3
of Rule XXXI or which do not meet the fuel
specifications as revised by the DOE shall be punished
with three (3) years and one (1) day to five (5) years
imprisonment and liable for the appropriate fine as
provided in Section 1.

Section 9. Manufacture, Importation, Sale, Offer for

Sale, Dispensation, Transportation or Introduction into
Commerce of Automotive Diesel Fuel which do not
Meet the Fuel.
Specifications:
Any person who manufactures, sells, offers for sale,
dispenses, transports or introduces into commerce
automotive diesel fuel in violation of Section 3 of Rule
XXXI or which do not meet the fuel specifications as
revised by the DOE shall be punished with three (3)
years and one (1) day to five (5) years imprisonment and
liable for the appropriate fine as provided in Section 1.

Section 10. Manufacture, Importation, Sale, Offer for

Sale, Dispensation, Transportation or Introduction into
Commerce of Industrial Diesel Fuel which do not Meet
the Fuel
Specifications:

Any person who manufactures, sells, offers for sale,

dispenses, transports or introduces into commerce
industrial diesel fuel in violation of Section 3 of Rule
XXXI or which do not meet the fuel specifications as
revised by the DOE shall be punished with three (3)