CHAPTER 12  Under this act, the following rights of the
citizens are sought to be recognized and the
PHILIPPINE CLEAN AIR ACT
(REPUBLIC ACT NO. 8749)
 RA 8749 was enacted on June 23, 1999 based
on the principle that a clean and healthy
environment is for the good of all and should
therefore be the concern of all.
 As a declaration of policy, it provides that the
State shall pursue a policy of balancing
development and environmental protection.
o To achieve this end, the framework
for sustainable development shall be
pursued.
 It shall be the policy of the state to: (HEPIS)
[a] Formulate a holistic national program of air
pollution management that shall be implemented
by the government through proper delegation
and effective coordination of functions and
activities;
[b] Encourage cooperation and self-regulation
among citizens and industries through the
application of market-based instruments;
[c] Focus primarily on pollution prevention
rather than on control and provide for a
comprehensive management program for air
pollution;
[d] Promote public information and education
and 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.
State shall seek to guarantee their enjoyment:
[a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural
resources according to the principles of
sustainable development;
[c] The right to participate in the formulation,
planning, implementation and monitoring of
environmental policies and programs and in the
decision-making process;
[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;
[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;
[f] The right of access to public records which a
citizen may need to exercise his or her rights
effectively under this Act;
[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; and
[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.
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Air Pollution Clearances and Permits
 The Department shall have the authority to
issue permits as it may determine necessary
for the prevention and abatement of air
pollution.
Said permits shall cover emission
limitations for the regulated air pollutants to
help attain and maintain the ambient air
quality standards. These permits shall serve
as management tools for the LGUs in the
development of their action plan.
Pollution from Stationary Sources
 Ban on incinerations
 INCINERATION is the burning of
municipal, bio-medical and hazardous
wastes, which process emits poisonous and
toxic fumes. Incineration is prohibited.
 But such prohibition shall not apply to
traditional small-scale method of
community/neighborhood sanitation “siga”,
traditional, agricultural, cultural, health, and
food preparation and crematoria.
 DENR shall promote the use of STATE-OF-
THE-ART, ENVIRONMENTALLY-
SOUND, AND SAFE NON-BURN
TECHNOLOGIES for the handling,
treatment, thermal destruction, utilization,
and disposal of sorted, unrecycled,
uncomposted municipal, bio-medical and
hazardous waste.
 Pollution from Other Sources
Pollution from Motor Vehicles
 DOTC shall implement the emission
standards for motor vehicles set pursuant to
and as provided in this Act.
 DENR, to further improve the emission
standards, shall review, revise, and publish
the standards every two years, or as the need
arises.
 DENR 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.
Regulation of All Vehicles and Engines
 Any (1) imported new or locally-assembled
new motor vehicle, (2) imported new motor
vehicle engine, and (3) imported used motor
vehicle or rebuilt motor vehicle using new or
used engines, major parts or components
SHALL NOT BE REGISTERED UNLESS
IT COMPLIES WITH THE EMISSION
STANDARDS SET PURSUANT TO THIS
ACT, as evidenced by Certificate of
Conformity issued by the DENR.
 In case of non-compliance, the importer or
consignee may be allowed to MODIFY OR
REBUILD the vehicle or engine so that it will
be in compliance with applicable emission
standards
 No motor vehicle registration (MVR) shall be
issued unless such motor vehicle passes the
emission testing requirement conducted by
the DOTC or its authorized inspection
centers within 60 days prior to date of
registration
 The DTI shall promulgate the necessary
regulations prescribing the useful life of
vehicles and engines including devices in
order to ensure that such vehicles will
conform to the emissions which they were
certified to meet.
 POLLUTION FROM SMOKING- Smoking
inside a public bldg or an enclosed public
place including public vehicles and other
means of transport or in any enclosed area
outside of one’s private residence, private
place of work or any designated smoking area
is hereby prohibited under this Act. This shall
be implemented by the LGUs.
 POLLUTION FROM OTHER MOBILE
SOURCES.- The Department, in
coordination with appropriate agencies,
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 shall formulate and establish the necessary
standards for all mobile sources other than
those referred to in Sec. 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.
Other Pollutants
1. 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 Philippines is a signatory, the
Department shall phase out ozone-depleting
substances.
Within sixty (60) days after the enactment of this
Act, the Department shall publish a list of substances
which are known to cause harmful effects on the
stratospheric ozone layer.
(means those substances that significantly deplete or
otherwise modify the ozone layer in a manner that
is likely to result in adverse effects of human health
and the environment such as, but not limited to,
chloroflourocarbons, halons and the like;)
2. 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 and standard-setting activities.
The Department, together with concerned agencies
and local government units, shall prepare and fully
implement a national plan consistent with the United
Nations Framework Convention on Climate Change
and other international agreements, conventions and
protocols on the reduction of greenhouse gas
emissions in the country.
3. Radioactive Emissions
All projects which will involve the use of 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
Department and other appropriate government
agencies.
Lead Agency
 The Department, 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.
Role of Local Government Units
 LGUs shall share the responsibility in the
management and maintenance of air quality
within their territorial jurisdiction.
 LGUs shall implement air quality standards
set by the Board in areas within their
jurisdiction.
 In one jurisprudence: SC held that town
mayor has responsibility of protecting its
inhabitants from pollution
 The Department shall provide the LGUs with
technical assistance, trainings and a
continuing capability-building program to
prepare them to undertake full administration
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 of the air quality management and regulation
within their territorial jurisdiction.
Pollution and Adjudication Board (PAB)
 The PAB shall have the sole and exclusive
jurisdiction over all cases of air pollution and
all matters related thereto, including the
imposition of administrative sanctions,
except as may be provided by law.
Citizen Suits
 Sec. 5 of the Rules of Procedure for
Environmental Cases provides:
Any Filipino citizen in representation
of others, including minors or generations yet
unborn, may file an action to enforce rights
or obligations under environmental laws.
Upon the filing of a citizen suit, the court
shall issue an order which shall contain a
brief description of the cause of action and
the reliefs prayed for, requiring all interested
parties to manifest their interest to intervene
in the case within 15 days from notice
thereof. The plaintiff may publish the order
once in a newspaper of a general circulation
in the Philippines or furnish all affected
barangays copies of said order.
 For purposes of enforcing the provisions of
this Act or its implementing rules and
regulations, 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.
Suits and Strategic Legal Actions against Public
Participation (SLAPP) and the Enforcement of
the Act
 Where a suit is brought against a person who
filed an action, or against any person,
institution or government agency that
implements this Act, it shall be the duty of the
investigating prosecutor or the court to
immediately make a determination not
exceeding 30 days whether said legal action
has been filed to harass, vex, exert undue
pressure or stifle such legal recourses of the
person complaining of or enforcing the
provisions of this Act.
 This shall also apply to public officers who
are sued for acts committed in their official
capacity, there being no grave abuse of
discretion and done in the course of enforcing
the Act.
Fines and Penalties
A. Violation of standards for stationary sources
 For actual exceedance of any pollution or air
quality standards under this Act or its rules and
regulations, the Department, through the PAB
shall impose a fine of NOT MORE THAN
P100,000 FOR EVERY DAY OF VIOLATION
against the owner or operator of a stationary
source until such time that the standards have
been complied with
 The fines prescribed shall be increased by at least
ten percent every three years to compensate for
inflation and to maintain the deterrent function of
such fines
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 In addition to the fines, CLOSURE AND
SUSPENSION of development, construction, or
D. Gross Violations shall mean:
operations of the stationary sources may be order
(1) three or more specific offenses within a
UNTIL such time that proper environmental
period of one year
safeguards are put in place
 There may be an immediate issuance of an ex (2) Three or more specific offenses within three
parte order for such closure, suspension or consecutive years
cessation of operations during the pendency of
(3) Blatant disregard of the orders of the PAB
the case upon prima facie evidence that there is
(e.g. breaking of seal, padlocks, and other
imminent threat to life, public health, safety or
similar devises, or operating despite the
general welfare, or to plant or animal life.
existence of an order of closure)
B. Violation of standards for motor vehicles
 Any vehicle suspected of violation of emission (4) Irreparable or grave damage to the
standards through visual signs, shall be subjected environment as a consequence of any
to an emission test violation or omission of the provisions of the
> IF THERE WAS NO VIOLATION = Act
vehicle be immediately released
 IMPRISONMENT OF NOT LESS THAN
SIX YEARS BUT NOT MORE THAN TEN
> WITH VIOLATION = continuing custody
YEARS for gross violations
of the impounded vehicle (unless the
 If the offender is a juridical person, the
appropriate penalties are fully paid) and
president, manager, directors, trustees, the
license plate is surrendered to DOTC
pollution control officer or the officials
(pending the fulfillment of undertaking to
directly in charge of the operations shall
make necessary repairs so as to comply with
suffer the penalty
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

C. Fines and Penalties for Violations of Other

Provisions of the Act
 A fine of not less than P10,000 but not more than
P100,000 or six months to six years
imprisonment or both shall be imposed
 If the offender is a juridical person, the president,
manager, directors, trustees, the pollution control
officer or the officials directly in charge of the
operations shall suffer the penalty

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CASE: HENARES VS LTFRB
FACTS: Citing statistics from National and
International agencies, petitioners prayed for 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. Petitioners allege that the
particulate matters (PM) – complex mixtures of dust,
dirt, smoke, and liquid droplets, varying in sizes and
compositions emitted into the air from various
engine combustions – have caused detrimental
effects on health, productivity, infrastructure and the
overall quality of life. In addition, they allege that
with the continuing high demand for motor vehicles,
the energy and transport sectors are likely to remain
the major sources of harmful emissions. They cited
studies showing that vehicular emissions in Metro
Manila have resulted to the prevalence of chronic
obstructive pulmonary diseases (COPD); that
pulmonary tuberculosis is highest among jeepney
drivers; and that the children in Metro Manila
showed more compromised pulmonary function than
their rural counterparts. Petitioners infer that these
are mostly due to the emissions of PUVs.
Asserting their right to clean air, petitioners contend
that the bases for their petition for a writ of
mandamus to order the LTFRB to require PUVs to
use CNG as an alternative fuel, lie in Section
16,12 Article II of the 1987 Constitution, in Oposa v.
Factoran, Jr. and Section 414 of the “Philippine
Clean Air Act of 1999.”
Petitioners insist that since it is the LTFRB and the
DOTC that are the government agencies clothed with
power to regulate and control motor vehicles,
particularly PUVs, and with the same agencies’
awareness and knowledge that the PUVs emit
dangerous levels of air pollutants, then, the
responsibility to see that these are curbed falls under
respondents’ functions and a writ of mandamus
should issue against them.
On the other hand, the Solicitor General said that the
respondent government agencies, the DOTC and the
LTFRB, are not in a position to compel the PUVs to
use CNG as alternative fuel. He explained that the
function of the DOTC is limited to implementing the
emission standards set forth in Rep. Act No. 8749
and the said law only goes as far as setting the
maximum limit for the emission of vehicles, but it
does not recognize CNG as alternative engine fuel.
He recommended that the petition should be
addressed to Congress for it to come up with a policy
that would compel the use of CNG as alternative fuel.
ISSUES
1. Whether the respondent is the agency responsible to
implement the suggested alternative of requiring
public utility vehicles to use compressed natural gas
(cng)
2. Whether the respondent can be compelled to require
public utility vehicles to use compressed natural gas
through a writ of mandamus
RULING
1. 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. At most the LTFRB has been tasked by
E.O. No. 290 in par. 4.5 (ii), Section 4 “to grant
preferential and exclusive Certificates of Public
Convenience (CPC) or franchises to operators of
NGVs based on the results of the DOTC surveys.” In
addition, under the Clean Air Act, it is the DENR that
is tasked to set the emission standards for fuel use
and the task of developing an action plan. As far as
motor vehicles are concerned, it devolves upon the
DOTC and the line agency whose mandate is to
oversee that motor vehicles prepare an action plan
and implement the emission standards for motor
vehicles, namely the LTFRB.
2. No. Petitioners are unable to pinpoint the law that
imposes an indubitable legal duty on respondents
that will justify a grant of the writ of mandamus
compelling the use of CNG for public utility
vehicles. The legislature should provide first the
specific statutory remedy to the complex
environmental problems bared by herein petitioners
before any judicial recourse by mandamus is taken.
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In addition, the petition had been mooted by the
issuance of Executive Order No. 290, which
implemented a program on the use of CNG by public
vehicles. The court was assured that the
implementation for a cleaner environment is being
addressed.
ANOTHER VERSION
FACTS:
Petitioners challenge this 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.
ISSUES:
(1) Do petitioners have legal personality to bring this
petition before us?
(2) Should mandamus issue against respondents to
compel PUVs to use CNG as alternative fuel?
APPLICABLE LAWS:
• Section 16,12 Article II of the 1987 Constitution
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.
• Section 414 of Republic Act No. 8749 otherwise
known as the "Philippine Clean Air Act of
1999." SEC. 4. Recognition of Rights. – Pursuant to
the above-declared principles, the following rights of
citizens are hereby sought to be recognized and the
State shall seek to guarantee their enjoyment:
a) The right to breathe clean air;
b) The right to utilize and enjoy all natural resources
according to the principle of sustainable
development;
c) The right to participate in the formulation,
planning, implementation and monitoring of
environmental policies and programs and in the
decision-making process;
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;
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;
f) The right of access to public records which a
citizen may need to exercise his or her rights
effectively under this Act;
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; and
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.
RULING:
(1) YES. There is no dispute that petitioners have
standing to bring their case before this Court.
Moreover, as held previously, a party's standing
before this Court is a procedural technicality which
may, in the exercise of the Court's discretion, be set
aside in view of the importance of the issue raised.
We brush aside this issue of technicality under the
principle of the transcendental importance to the
public, especially so if these cases demand that they
be settled promptly.
(2) NO. plain, speedy and adequate remedy herein
sought by petitioners, i.e., a writ of mandamus
commanding the respondents to require PUVs 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.
It appears that more properly, the legislature should
provide first the specific statutory remedy to the
complex environmental problems bared by herein
petitioners before any judicial recourse by
mandamus is taken.