Review Schedule for June 2019 Environmental Planning Licensure Examination

ATLAS-CPED is pleased to announce the schedule for the Comprehensive Review for the June 2019 Environmental Planning (EnP) Board Exams. The course will also be applied for CPED points for Architects as a Capability Building Seminar in Comprehensive Development Planning (a specialization for Architects under the 2010 SPP).

For more information, you may email us at atlascped@yahoo.com or atlascped@gmail. You can also text or call us at these numbers for further inquiries: 0917-801-8531; 0927-821-7787 (Globe) or 0908-8653-829 (Smart), or call landline at 02-374-9851.

You may ENROLL ONLINE below:

Objectives of the Course:

1.   To further enhance basic skills, including research (ability to employ methods of data collection/analysis); critical thinking skills (ability to make comprehensive analysis/evaluation of environment and portion thereof); fundamental design skills (ability to apply organizational/spatial/structural principles to the conception of space in the environment; and collaboration skills (ability to identify/assume divergent roles while working as member of a planning team; and 

2. To further enhance understanding of the following: Physical design and the way in which cities work; history and theories of environmental planning; data on present/future needs (e.g. population, employment, etc.); plans and the process by which they are developed; local/regional/ national governments and their programs/processes for making political decisions; and legal/administrative aspects in the practice of environmental planning.

What is the coverage of the Review?

Module I - HISTORY, CONCEPTS, THEORIES AND PRINCIPLES OF ENVIRONMENTAL PLANNING

Political/Geographical/legal settings: Definitions, scopes, characteristics

Evolution, goals, concepts and principles/theories of planning

              History/goals of planning

              Foundation of planning

              Nature and types of planning

              ·    National, regional, local

              ·    Economic, social and physical

              ·    Short, medium and long term

              ·    Macro and micro

              ·    Strategic vis-à-vis indicative

              ·    Comprehensive vis-à-vis incremental

City growth and spatial planning theories

     Patterns of human settlements

     City image, urban form and functions

     City growth theories and urban ecological processes

     Urbanization: Issues and trends

     Planning and development of cities and urban areas

Regional Planning and Development

     Rationale/delineation

     Analysis/objectives/targets

     Characteristics of regional/local governments

     Policies and Strategies

     Intra-and Inter-regional development issues

Module II ENVIRONMENTAL PLANNING PROCESSES, TECHNIQUES AND STRATEGIES

A.     Nature and Scope 

1. Planning processes, including problem/opportunity definition, goal setting, policy   formulation, generating alternative strategies, programming, etc.

2.     Planning Analyses

3.  Approaches/methodologies for plan preparation, including framework plan, development plan, Comprehensive Land Use Plan (CLUP), strategic plan, structure plan, action plan master plan, sector plan, etc.

4.     Plan testing, evaluation, selection

B. Topics

1.     Overview of the planning processes

2.     Planning tool and techniques

3.     Comprehensive Land Use Plan (CLUP)

4.     Information systems (GIS, MIS, etc.)/ Mapping technologies

Area Development Planning

     Site Planning and Urban Design

     Cultural Heritage Planning 

     Urban Renewal, Redevelopment, Regeneration and Revitalization

     Integrated Area or Integrated Rural Development (IAD or IRD)

     New Towns and Other Spatial Districts (Agro/Eco Villages)

     Industrial Estates/Economic Zones Development

     Watershed/River Basin, Coastal and Waterfront Development

     Protected Areas

Module II ENVIROMENTAL PLANNING PROCESSES, TECHNIQUES AND STRATEGIES

Demographics

Sectoral Planning

     Social Sector (Education, Health, Housing, Social Welfare, etc.

     Economic Sector (Agriculture, Fisheries, Forestry, Industry, Tourism, etc.)

     Infrastructure and Utilities

     Energy

     Natural resources

Land use planning

     Land Classification/Reclassification

     Land Allocation/Utilization

     Development Controls and Incentives

Module  III-  ENVIRONMENTAL PLAN IMPLEMENTATION, LEGAL ASPECTS AND ADMINISTRATION

A.  Nature and Scope

      1.  Plan implementation and enforcement

      2.  Administrative and institutional aspects of plan implementation

      3.  Project planning and development, monitoring and Evaluation

Financing and Budgeting Systems

     Local taxation and revenue generation

     Resource allocation

     Financial requirements/capital improvement program

     Private Financing Initiatives (eg. BOT)

     Comprehensive investment programming system

Legal foundations for Environmental Planning Practice

      Civil Code provisions (Property Law)

      The Environmental Planning Act of 2013

      Government and legal system

      Relevant provisions of the 1987 Constitution

      Local governance

      ·         Constitutional provisions

      ·         Local Government Code

      ·         Powers and responsibilities of local officials relating to environmental management

     International environmental commitments

General Environmental Laws/Philippine Environmental Policy

·         Philippine Environmental Code

·         EIA system

·         Clean Air Act

·         Clean Water Act

Laws Related to Land, Air, Water

·         Network of Integrated Protected Area Systems Law

·         Agrarian Reform Law

·         Clean Air Act

·         Solid Waste Management Act

·         Indigenous Peoples Right Act

Human Habitat

·         Sanitation Code

·         Human settlements, land use and zoning laws

·         Cultural heritage laws

Project Planning, Management and Implementation

·         Project cycle management approach

·         Project monitoring/evaluation

·         Logical framework analysis/tools for project planning design/management

·         Feasibility analysis

Planning Administration and Professional Practice

     Government machinery for planning

     Code of ethics, legal obligations/responsibilities

     Public interest and social justice

     Government procurement policy

     Preparation of contract documents

Disaster Risk Planning

·          Disaster Risk Reduction

·         Climate Change Act

References: PRC Primer Board of Environmental Planning (2006)

What is Environmental Planning?

According to RA 10587, Environmental planning, also known as urban and regional planning, city planning, town and country planning, and/or human settlements planning, refers to the multi-disciplinary art and science of. analyzing, specifying, clarifying, harmonizing, managing and regulating the use and development of land and water resources, in relation to their environs, for the development of sustainable communities and ecosystems.

Environmental Planner refers to a person who is registered and licensed to practice environmental planning and who holds a valid Certificate of Registration and a valid Professional Identification Card from the :Board of Environmental Planning and the Professional Regulation Commission.

SEC. 5 of RA 10587 defines the  Scope of Practice. - The practice of environmental planning, within the meaning and intent of this Act, shall embrace the following:

(a) Providing professional services in the form of technical consultation, rendering of technical advice, plan preparation, capacity building and monitoring and evaluation of implementation involving the following: 

1. National, regional or local development and/or physical framework and comprehensive land·use plans; 

2. Zoning and related ordinances, codes and other legal issuances for the development and management, preservation, conservation, rehabilitation, regulation and control of the environment, including all land, water, air and natural resources; 

3. Planning and development of a barangay, municipality, city, province, region or any portion or combination thereof; and 

4. Development of a site for a particular need or special purpose, such as economic or ecological zones; tourism development zones; and housing and other estate development projects, including the creation of any other spatial arrangement of buildings, utilities, transport and communications; 

(b) In relation to any of the activIties enumerated in paragraph (a), above, preparing the following studies: 

1. Pre·feasibility, feasibility and other related concerns;
2. Environmental assessments; and
3. Institutional, administrative or legal systems;

(c) Curriculum and syllabi development in licensure examinations for environmental planners and teaching in academic institutions and conducting review courses in environmental planning; 

(d) Serving as expert witness, resource person, lecturer, juror or arbitrator in hearings, competitions, exhibitions and other public fora; conduct of hearings, competitions, exhibits and other public fora;

(e) Ensuring compliance with environmental laws including the acquisition of regulatory permits. The Professional Regulatory Board, subject to approval of the Professional Regulation Commission, may add to, or exclude from, this section any activity or act of professional practice, or revise it as the need arises to conform to changes and new developments brought about by the latest trends in environmental planning; and 

(f) Perform other acts or conduct other activities that may be determined by the Board, subject to approval by the Professional Regulation Commission in light of the trend of the practice of the profession

What are the subjects  in the examination?

SEC. 17 (RA 10587). Subjects of Examination. - The licensure examination for environmental planners shall include, but shall not be limited to, the following: 

(a) History, concepts, theories and principles of environmental planning; 

(b) Environmental planning process, methods/techniques and strategies; and 

(c) Environmental plan implementation, legal aspects and administration. 

These subject areas and syllabi shall include topics and subtopics in' accordance with the syllabi or tables of specifications of subjects for licensure examinations by the Board m consultation with the academe and the APO. The subject areas and syllabi may be revised as the need arises to conform to changes and new developments brought about by trends in the practice of environmental planning.

Who can take the examination?

SEC. 18 (RA 10587). Qualifications for Taking the Examination. Any person applying to take the licensure examination as herein provided shall establish to the satisfaction of the Board that he/she has the following qualifications: 

(a) A citizen of the Philippines or a foreign citizen whose country or State has a policy on reciprocity in the practice of the profession; 

(b) A holder of ANY of the following degrees from schools, colleges or universities duly recognized and accredited by the CHED: 

1. A graduate in environmental planning, urban/city and regional planning, or town and country planning or its equivalent; 

2. A Post-Graduate Diploma in Environmental Planning, city and regional planning or its equivalent, and with at least one (1) year of on-the-job training as required herein; 

3. A Bachelor's Degree in Environmental Planning, city planning or urban and regional planning, or town and country planning, or its equivalent, and with two (2) years of on-the-job training as required herein; 

4. A masters or doctorate degree in either architecture, engineering, ecology, economics, geography, geology, public administration, business administration, sociology, social science, law, environmental science, environmental management, development management, natural resources planning and development, and related discipline acceptable to the Board, and with three (3) years of on-the-job training as required herein: Provided, That a person falling under this paragraph shall be allowed to take the licensure examination only within the next five (5) years from the effectivity of this Act; . 

5. A bachelor's degree in architecture, engineering, economics, public administration, law, social work and community development or sociology and other related disciplines acceptable to the Board and with five '(5) years of on-the-job training as required herein: Provided, That a person falling under this paragraph shall be allowed to take the licensure examination only within the next five (5) years from the effectivity of this Act; and 

6. Incumbent holders of planning positions in the national, regional or local government offices or agencies including government-owned and -controlled corporations and have been engaged in development planning functions acceptable to the Board: Provided, That they are holders of professional civil service eligibility and they have undergone at least eighty (80) hours of in-service training or distance learning in developmental planning from a government agency, school or institution recognized by proper authorities: Provided, further, That a person falling under this paragraph may be allowed to take the licensure examination only within the next five (5) years after the effectivity of this Act. 

(c) Of good moral character; and 

(d) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction. The on-the-job training required in this section shall be undertaken under the supervision of a registered and licensed environmental planner or the applicant's immediate supervisor in an agency or organization acceptable to the Board, which is engaged or involved in environmental planning functions or programs.

What are the requirements for PRC application?

There are quite a lot of documents needed for your application. PRC will be providing the official list, but again, here it is anyway, so you can prepare earlier:

a) NSO birth certificate on security paper
b) NSO marriage certificate on security paper (for married women)
c) Transcript of Records (TOR) with a scanned passport-sized ID and the remarks “For board examination purposes.”
d) NBI Clearance
e) Four pieces of coloured passport ID photos with your full name on the photo tag. Since this is the photo that will be printed on your PRC ID when you pass, make sure you’re okay with how you look like in the photos that you will use.
f) Community tax certificate (CTC) or cedula. This can be sourced from your barangay or city / municipal hall.
g) Any valid ID
h) Three certificates of experience. In this certificate, you will outline the details and timeframe of all your experiences related to environmental planning. This will be signed off by your immediate supervisor, your professor, or other environmental planners you’ve worked with. Upon accomplishment, have your certificates notarised.

Certificate of Experience

i) Certificate of employment. You can get this from your office’s human resource department.
j) Certification of good moral character. You can get this from your employer, your school, your barangay, or any organization you’re currently affiliated with, and is willing to certify your good character.

Make sure you have both the original and photocopies of each required document. Keep them in an envelope to be organised.

Review Schedule for June 2018 Environmental Planning Licensure Examination

ATLAS-CPED is pleased to announce the schedule for the Comprehensive Review for the June 2018 Environmental Planning (EnP) Board Exams. The course will also be applied for CPED points for Architects as a Capability Building Seminar in Comprehensive Development Planning (a specialization for Architects under the 2010 SPP).

For more information:

EMAIL TO: atlascped@yahoo.com / atlascped@gmail.com

For on-line registration, see below.

CALL landline: 02-374-9851

CALL or TEXT TO: 0917-801-8531; 0927-8217-787 (Globe) / 0908-8653-829 (Smart)

2nd flr., Franisa Bldg, 76 Kamuning Road, Quezon City (see map at end of this post)

facebook: https://www.facebook.com/atlascpedreview/

You may ENROLL ONLINE below:

 

Objectives of the Course:

1.   To further enhance basic skills, including research (ability to employ methods of data collection/analysis); critical thinking skills (ability to make comprehensive analysis/evaluation of environment and portion thereof); fundamental design skills (ability to apply organizational/spatial/structural principles to the conception of space in the environment; and collaboration skills (ability to identify/assume divergent roles while working as member of a planning team; and 

2. To further enhance understanding of the following: Physical design and the way in which cities work; history and theories of environmental planning; data on present/future needs (e.g. population, employment, etc.); plans and the process by which they are developed; local/regional/ national governments and their programs/processes for making political decisions; and legal/administrative aspects in the practice of environmental planning.

What is the coverage of the Review?

Module I - HISTORY, CONCEPTS, THEORIES AND PRINCIPLES OF ENVIRONMENTAL PLANNING

Political/Geographical/legal settings: Definitions, scopes, characteristics

Evolution, goals, concepts and principles/theories of planning

              History/goals of planning

              Foundation of planning

              Nature and types of planning

              ·    National, regional, local

              ·    Economic, social and physical

              ·    Short, medium and long term

              ·    Macro and micro

              ·    Strategic vis-à-vis indicative

              ·    Comprehensive vis-à-vis incremental

City growth and spatial planning theories

     Patterns of human settlements

     City image, urban form and functions

     City growth theories and urban ecological processes

     Urbanization: Issues and trends

     Planning and development of cities and urban areas

Regional Planning and Development

     Rationale/delineation

     Analysis/objectives/targets

     Characteristics of regional/local governments

     Policies and Strategies

     Intra-and Inter-regional development issues

Module II ENVIRONMENTAL PLANNING PROCESSES, TECHNIQUES AND STRATEGIES

A.     Nature and Scope 

1. Planning processes, including problem/opportunity definition, goal setting, policy   formulation, generating alternative strategies, programming, etc.

2.     Planning Analyses

3.  Approaches/methodologies for plan preparation, including framework plan, development plan, Comprehensive Land Use Plan (CLUP), strategic plan, structure plan, action plan master plan, sector plan, etc.

4.     Plan testing, evaluation, selection

B. Topics

1.     Overview of the planning processes

2.     Planning tool and techniques

3.     Comprehensive Land Use Plan (CLUP)

4.     Information systems (GIS, MIS, etc.)/ Mapping technologies

Area Development Planning

     Site Planning and Urban Design

     Cultural Heritage Planning 

     Urban Renewal, Redevelopment, Regeneration and Revitalization

     Integrated Area or Integrated Rural Development (IAD or IRD)

     New Towns and Other Spatial Districts (Agro/Eco Villages)

     Industrial Estates/Economic Zones Development

     Watershed/River Basin, Coastal and Waterfront Development

     Protected Areas

Module II ENVIROMENTAL PLANNING PROCESSES, TECHNIQUES AND STRATEGIES

Demographics

Sectoral Planning

     Social Sector (Education, Health, Housing, Social Welfare, etc.

     Economic Sector (Agriculture, Fisheries, Forestry, Industry, Tourism, etc.)

     Infrastructure and Utilities

     Energy

     Natural resources

Land use planning

     Land Classification/Reclassification

     Land Allocation/Utilization

     Development Controls and Incentives

Module  III-  ENVIRONMENTAL PLAN IMPLEMENTATION, LEGAL ASPECTS AND ADMINISTRATION

A.  Nature and Scope

      1.  Plan implementation and enforcement

      2.  Administrative and institutional aspects of plan implementation

      3.  Project planning and development, monitoring and Evaluation

Financing and Budgeting Systems

     Local taxation and revenue generation

     Resource allocation

     Financial requirements/capital improvement program

     Private Financing Initiatives (eg. BOT)

     Comprehensive investment programming system

Legal foundations for Environmental Planning Practice

      Civil Code provisions (Property Law)

      The Environmental Planning Act of 2013

      Government and legal system

      Relevant provisions of the 1987 Constitution

      Local governance

      ·         Constitutional provisions

      ·         Local Government Code

      ·         Powers and responsibilities of local officials relating to environmental management

     International environmental commitments

General Environmental Laws/Philippine Environmental Policy

·         Philippine Environmental Code

·         EIA system

·         Clean Air Act

·         Clean Water Act

Laws Related to Land, Air, Water

·         Network of Integrated Protected Area Systems Law

·         Agrarian Reform Law

·         Clean Air Act

·         Solid Waste Management Act

·         Indigenous Peoples Right Act

Human Habitat

·         Sanitation Code

·         Human settlements, land use and zoning laws

·         Cultural heritage laws

Project Planning, Management and Implementation

·         Project cycle management approach

·         Project monitoring/evaluation

·         Logical framework analysis/tools for project planning design/management

·         Feasibility analysis

Planning Administration and Professional Practice

     Government machinery for planning

     Code of ethics, legal obligations/responsibilities

     Public interest and social justice

     Government procurement policy

     Preparation of contract documents

Disaster Risk Planning

·          Disaster Risk Reduction

·         Climate Change Act

References: PRC Primer Board of Environmental Planning (2006)

What is Environmental Planning?

According to RA 10587, Environmental planning, also known as urban and regional planning, city planning, town and country planning, and/or human settlements planning, refers to the multi-disciplinary art and science of. analyzing, specifying, clarifying, harmonizing, managing and regulating the use and development of land and water resources, in relation to their environs, for the development of sustainable communities and ecosystems.

Environmental Planner refers to a person who is registered and licensed to practice environmental planning and who holds a valid Certificate of Registration and a valid Professional Identification Card from the :Board of Environmental Planning and the Professional Regulation Commission.

SEC. 5 of RA 10587 defines the  Scope of Practice. - The practice of environmental planning, within the meaning and intent of this Act, shall embrace the following:

(a) Providing professional services in the form of technical consultation, rendering of technical advice, plan preparation, capacity building and monitoring and evaluation of implementation involving the following: 

1. National, regional or local development and/or physical framework and comprehensive land·use plans; 

2. Zoning and related ordinances, codes and other legal issuances for the development and management, preservation, conservation, rehabilitation, regulation and control of the environment, including all land, water, air and natural resources; 

3. Planning and development of a barangay, municipality, city, province, region or any portion or combination thereof; and 

4. Development of a site for a particular need or special purpose, such as economic or ecological zones; tourism development zones; and housing and other estate development projects, including the creation of any other spatial arrangement of buildings, utilities, transport and communications; 

(b) In relation to any of the activIties enumerated in paragraph (a), above, preparing the following studies: 

1. Pre·feasibility, feasibility and other related concerns;
2. Environmental assessments; and
3. Institutional, administrative or legal systems;

(c) Curriculum and syllabi development in licensure examinations for environmental planners and teaching in academic institutions and conducting review courses in environmental planning; 

(d) Serving as expert witness, resource person, lecturer, juror or arbitrator in hearings, competitions, exhibitions and other public fora; conduct of hearings, competitions, exhibits and other public fora;

(e) Ensuring compliance with environmental laws including the acquisition of regulatory permits. The Professional Regulatory Board, subject to approval of the Professional Regulation Commission, may add to, or exclude from, this section any activity or act of professional practice, or revise it as the need arises to conform to changes and new developments brought about by the latest trends in environmental planning; and 

(f) Perform other acts or conduct other activities that may be determined by the Board, subject to approval by the Professional Regulation Commission in light of the trend of the practice of the profession

What are the subjects  in the examination?

SEC. 17 (RA 10587). Subjects of Examination. - The licensure examination for environmental planners shall include, but shall not be limited to, the following: 

(a) History, concepts, theories and principles of environmental planning; 

(b) Environmental planning process, methods/techniques and strategies; and 

(c) Environmental plan implementation, legal aspects and administration. 

These subject areas and syllabi shall include topics and subtopics in' accordance with the syllabi or tables of specifications of subjects for licensure examinations by the Board m consultation with the academe and the APO. The subject areas and syllabi may be revised as the need arises to conform to changes and new developments brought about by trends in the practice of environmental planning.

Who can take the examination?

SEC. 18 (RA 10587). Qualifications for Taking the Examination. Any person applying to take the licensure examination as herein provided shall establish to the satisfaction of the Board that he/she has the following qualifications: 

(a) A citizen of the Philippines or a foreign citizen whose country or State has a policy on reciprocity in the practice of the profession; 

(b) A holder of ANY of the following degrees from schools, colleges or universities duly recognized and accredited by the CHED: 

1. A graduate in environmental planning, urban/city and regional planning, or town and country planning or its equivalent; 

2. A Post-Graduate Diploma in Environmental Planning, city and regional planning or its equivalent, and with at least one (1) year of on-the-job training as required herein; 

3. A Bachelor's Degree in Environmental Planning, city planning or urban and regional planning, or town and country planning, or its equivalent, and with two (2) years of on-the-job training as required herein; 

4. A masters or doctorate degree in either architecture, engineering, ecology, economics, geography, geology, public administration, business administration, sociology, social science, law, environmental science, environmental management, development management, natural resources planning and development, and related discipline acceptable to the Board, and with three (3) years of on-the-job training as required herein: Provided, That a person falling under this paragraph shall be allowed to take the licensure examination only within the next five (5) years from the effectivity of this Act; . 

5. A bachelor's degree in architecture, engineering, economics, public administration, law, social work and community development or sociology and other related disciplines acceptable to the Board and with five '(5) years of on-the-job training as required herein: Provided, That a person falling under this paragraph shall be allowed to take the licensure examination only within the next five (5) years from the effectivity of this Act; and 

6. Incumbent holders of planning positions in the national, regional or local government offices or agencies including government-owned and -controlled corporations and have been engaged in development planning functions acceptable to the Board: Provided, That they are holders of professional civil service eligibility and they have undergone at least eighty (80) hours of in-service training or distance learning in developmental planning from a government agency, school or institution recognized by proper authorities: Provided, further, That a person falling under this paragraph may be allowed to take the licensure examination only within the next five (5) years after the effectivity of this Act. 

(c) Of good moral character; and 

(d) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction. The on-the-job training required in this section shall be undertaken under the supervision of a registered and licensed environmental planner or the applicant's immediate supervisor in an agency or organization acceptable to the Board, which is engaged or involved in environmental planning functions or programs.

RA 10066 National Cultural Heritage Act of 2009

The law, principally authored by Angara, provides a comprehensive framework for the preservation of Philippine cultural heritage including cultural sites, old buildings, monuments, shrines, and landmarks that have cultural significance and historical value.

Here are some significant and interesting points of Republic Act No. 10066 - An Act Providing for the Protection and Conservation of the National Cultural Heritage, Strengthening the National Commission for Culture and the Arts (NCCA) and its Affiliated Cultural Agencies and for Other Purposes:

Sec. 5. Cultural Property Considered Important Cultural Property. - For purposes of protecting a cultural property against exportation, modification or demolition, the following works shall be considered important cultural property, unless declared otherwise by the pertinent cultural agency:

Unless declared by the Commission,

(a) Works by a Manlilikha ng Bayan;

(b) Works by a National Artist;

Unless declared by the National Museum,

(c) Archaeological and traditional ethnographic materials;

Unless declared by the National Historical Institute,

(d) Works of national heroes;

(e) Marked structure;

(f) Structures dating at least fifty (50) years old; and

Unless declared by the National Archives,

(g) Archival material/document dating at least (50) years old.

The property owner may petition the appropriate cultural agency to remove the presumption of important cultural property which shall not be unreasonably withheld.

* * *

Sec. 7. Privileges for Cultural Property. - All cultural properties declared as national cultural treasures and national historical landmarks, sites or monuments shall be entitled to the following privileges.

(a) Priority government funding for protection, conservation and restoration;

(b) Incentive for private support of conservation and restoration through Commission's Conservation Incentive Program for national cultural treasures;

(c) An official heritage marker placed by the cultural agency concerned indicating that the immovable cultural property has been identified as national cultural treasures and/or national historical landmarks, sites or monuments; and

(d) In times of armed conflict, natural disasters and other exceptional events that endanger the cultural heritage of the country, all national cultural treasures or national historical landmarks, sites or monuments shall be given priority protection by the government.

All cultural properties declared as important cultural property may also receive government funding for its protection, conservation and restoration. An official heritage marker shall likewise be placed on an immovable cultural property to identify the same as important cultural property.

* * *

Sec. 12. Designation of Heritage Zones. - The National Historical Institute and the National Museum, in consultation with the Commission and the Housing and Land Use Regulatory Board or other concerned agencies, shall designate heritage zones to protect the historical and cultural integrity of a geographical area.

Sec. 13. Maintenance of Heritage Zones. - A heritage zone shall be maintained by the local government unit concerned, in accordance with the following guidelines:

(a) Implementation of adaptive reuse of cultural property;

(b) Appearance of streets, parks, monuments, buildings, and natural bodies of water, canals, paths and barangays within a locality shall be maintained as close to their appearance at the time the area was of most importance to Philippine history as determined by the National Historical Institute; and

(c) Local government units shall document and sustain all sociocultural practices such as, but not limited to, traditional celebrations, historical battles, recreation of customs, and the reenactment of battles and other local customs that are unique to the locality.

* * *

Sec. 22. Renaming of Historical Streets, Buildings Designated as Cultural Treasure or Important Cultural Property. - The names of historical streets, parks, buildings, shrines, landmarks, monuments and sites designated as national cultural treasures or important cultural property shall not be allowed to be renamed by local or national legislation, unless approved by the National Historical Institute, and only after due hearing on the matter. Furthermore, for changes of names done to historical streets, parks, buildings, shrines, landmarks, monuments, and sites prior to the effectivity of this Act, the National Historical Institute may direct the local government units to restore their original names, also after due hearing.

* * *

Sec. 35. Tax Exemptions on Donations. - All donations in any form to the Commission and its affiliated cultural agencies shall be exmpt from donor's tax and the same shall be considered as allowable deduction from the gross income in the computation of the income tax of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

* * *

Sec. 38. Incorporation of National Cultural Treasures and Important Cultural Property in the Basic Education System. - Within one (1) year from the effectivity of this Act, the Department of Education, in coordination with the Commission's Philippine Cultural Education Program, shall formulate the cultural heritage education programs both for local and overseas Filipinos to be incorporated into the formal, alternative and informal education, with emphasis on the protection, conservation and preservation of cultural heritage property.

The Philippine Registry of Cultural Heritage Property shall likewise be incorporated into the formal, alternative and informal education by the provincial and local governments.

* * *

Sec. 42. Creation of Sentro Rizal. - There is hereby created and established a Sentro Rizal whose main purpose is the promotion of Philippine arts, culture and language throughout the world.

Sec. 43. Overseas Branches or Offices of Sentro Rizal. - Sentro Rizal shall have branches or offices in countries where there are children of overseas Filipino workers who need to be educated about their roots, as well as developed countries where there are large Filipino communities.

Sec. 45. Services Offered. - The Sentro Rizal shall offer Filipino language courses for children and adults, as well as exhibits, small concerts, poetry reading, Philippine cuisine lessons in all Sentro Rizal branches.

RA 3571 Prohibition against Cutting of Trees in Public Roads, Plazas, etc.

REPUBLIC ACT NO. 3571

AN ACT TO PROHIBIT THE CUTTING, DESTROYING OR INJURING OF PLANTED OR GROWING TREES, FLOWERING PLANTS AND SHRUBS OR PLANTS OF SCENIC VALUE ALONG PUBLIC ROADS,IN PLAZAS, PARKS, SCHOOL PREMISES OR IN ANY OTHER PUBLIC GROUND.

Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled:

SECTION 1. In order to promote and conserve the beauty of objects of scenic and ornamental value along public places and help preserve cool,fresh and healthful climate, it is the policy of the
Government to cherish, protect and conserve planted or growing trees, flowering plants and shrubs or plants of ornamental value along public roads, in plazas, parks, school premises or in any public ground.

SEC. 2. For the purpose of carrying out effectively the provisions of this Act, the Director of Parks and Wildlife shall have the power to create a committee in each and every municipality in the Philippines and shall appoint any civic conscious and well-travelled citizen as chairman, and the municipal
mayor, the municipal treasurer, the supervising school teacher, and the municipal health officer, as ex-officio members thereof. The Director of Parks and Wildlife shall also have the power to issue and promulgate rules and regulations as may be necessary in carrying out the provisions of this Act.

The Chairman shall receive compensation of one peso per annum to be paid out of the funds of the city or municipality concerned, and the members shall not receive extra compensation. The committee shall have the power to implement the rules and regulations issued by the Director of Parks and Wildlife under the provisions of this Act.

The committee shall coordinate with the Director of Parks and Wildlife in the beautification of their respective locality and shall under its supervision, require school children on Arbor Day to plant trees and flowering plants of useful and scenic value in places provided for in the preceding paragraph.

SEC. 3. No cutting, destroying, or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic value along public roads, in plazas parks, school premises or in any other public ground shall be permitted save when the cutting, destroying, or injuring of same is necessary for public safety, or such pruning of same is necessary to enhance its beauty and only upon the recommendation of the committee mentioned in the preceding section, and upon the approval of the Director of Parks and Wildlife. The cutting, destroying, or pruning shall be under the supervision of
the committee.

SEC. 4. Any person who shall cut, destroy or injure trees, flowering plants and shrubs or plants of scenic value mentioned in the preceding sections of this Act, shall be punished by prison correctional in its minimum period to prison mayor in its minimum period.

SEC. 5. All laws, Acts, parts of Acts, executive orders, and administrative orders or regulations inconsistent with the provisions of this Act, are hereby repealed.

SEC. 6. This Act shall take effect upon its approval.
Approved: 21 June 1963.

RA 9729 Philippine Climate Change Act of 2009

[REPUBLIC A CT N O . 9729]

AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Climate Change Act of 2009”.

SEC . 2. Declaration of Policy. – It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development.

Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government.

SEC . 3. Definition of Terms. – For purposes of this Act, the following shall have the corresponding meanings:

(a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.

(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to adjust to climate change including climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof.

(c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human beings.

(d) “Climate Change” refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity.

(e) “Climate Variability” refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events.

(f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems.

(g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources.

(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events.

(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels.

(j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere.

(k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth.

(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

(m) “Mainstreaming” refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making.

(n) “Mitigation” in the context of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting substances and their substitutes.

(o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made, relative to emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced).

(p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global warming through expansion of sea water as the oceans warm and melting of ice over land and local factors such as land subsidence.

(q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate change and variation to which a system is exposed, its sensitivity, and its adaptive capacity.

SEC . 4. Creation of the Climate Change Commission. – There is hereby established a Climate Change Commission, hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. It shall be attached to the Office of the President.

The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days from the effectivity of this Act.

SEC . 5. Composition of the Commission. – The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission.

The Commission shall have an advisory board composed of the following:

(a) Secretary of the Department of Agriculture;

(b) Secretary of the Department of Energy;

(c) Secretary of the Department of Environment and Natural Resources;

(d) Secretary of the Department of Education;

(e) Secretary of the Department of Foreign Affairs;

(f) Secretary of the Department of Health;

(g) Secretary of the Department of the Interior and Local Government;

(h) Secretary of the Department of National Defense, in his capacity as Chair of the National Disaster Coordinating Council;

(i) Secretary of the Department of Public Works and Highways;

(j) Secretary of the Department of Science and Technology;

(k) Secretary of the Department of Social Welfare and Development;

(l) Secretary of the Department of Trade and Industry;

(m) Secretary of the Department of Transportation and Communications;

(n) Director-General of the National Economic and Development Authority, in his capacity as Chair of the Philippine Council for Sustainable Development;

(o) Director-General of the National Security Council;

(p) Chairperson of the National Commission on the Role of Filipino Women;

(q) President of the League of Provinces;

(r) President of the League of Cities;

(s) President of the League of Municipalities;

(t) President of the Liga ng mga Barangay;

(u) Representative from the academe;

(v) Representative from the business sector; and

(w) Representative from nongovernmental organizations.

At least one (1) of the sectoral representatives shall come from the disaster risk reduction community.

The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

Only the ex officio members of the advisory board shall appoint a qualified representative who shall hold a rank of no less than an Undersecretary.

SEC . 6. Meetings of the Commission. – The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the Chairperson. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act.

SEC . 7. Qualifications, Tenure, Compensation of Commissioners. – The Commissioners must be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change and of proven honesty and

integrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf.

The Commissioners shall hold office for a period of six (6) years, and may be subjected to reappointment: Provided, That no person shall serve for more than two (2) consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, That in no case shall a Commissioner be designated in a temporary or acting capacity.

The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications.

SEC . 8. Climate Change Office. – There is hereby created a Climate Change Office that shall assist the Commission. It shall be headed by a Vice Chairperson of the Commission who shall act as the Executive Director of the Office. The Commission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of this Act, subject to civil service laws, rules and regulations. The officers and employees of the Commission shall be appointed by the Executive Director.

S EC . 9. Powers and Functions of the Commission. – The Commission shall have the following powers and functions:

(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral and local development plans and programs;

(b) Coordinate and synchronize climate change programs of national government agencies;

(c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities on climate change;

(d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change;

(e) Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities;

(f) Recommend key development investments in climate- sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals;

(g) Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments;

(h) Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation;

(i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change;

(j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related disasters;

(k) In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change negotiations;

(l) Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring;

(m) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities;

(n) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas;

(o) Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas; and

(p) Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures.

S EC . 10. Panel of Technical Experts. – The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction.

The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change.

The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and activities of the Panel.

SEC . 11. Framework Strategy and Program on Climate Change. – The Commission shall, within six (6) months from the effectivity of this Act, formulate a Framework Strategy on Climate Change. The Framework shall serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change.

The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs, and mitigation potential, and in accordance with the international agreements.

The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

SEC . 12. Components of the Framework Strategy and Program on Climate Change. – The Framework shall include, but not limited to, the following components:

(a) National priorities;

(b) Impact, vulnerability and adaptation assessments;

(c) Policy formulation;

(d) Compliance with international commitments;

(e) Research and development;

(f) Database development and management;

(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and

(j) Gender mainstreaming.

SEC . 13. National Climate Change Action Plan . – The Commission shall formulate a National Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter.

The National Climate Change Action Plan shall include, but not limited to, the following components:

(a) Assessment of the national impact of climate change;

(b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and extremes;

(c) The identification of differential impacts of climate change on men, women and children;

(d) The assessment and management of risk and vulnerability;

(e) The identification of GHG mitigation potentials; and

(f) The identification of options, prioritization of appropriate adaptation measures for joint projects of national and local governments.

SEC . 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan.

Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities.

LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans.

The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan.

It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.

SEC . 15. Role of Government Agencies. – To ensure the effective implementation of the framework strategy and program on climate change, concerned agencies shall perform the following functions:

(a) The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or subjects, such as, but not limited to, science, biology, sibika, history, including textbooks, primers and other educational materials, basic climate change principles and concepts;

(b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on women and children, especially in the rural areas, since they are the most vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change information management system and network, including on climate change risks, activities and investments, in collaboration with other concerned national government agencies, institutions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary recommendation for ratification and compliance by the government on matters pertaining thereto;

(e) The Philippine Information Agency (PIA) shall disseminate information on climate change, local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation measures; and

(f) Government financial institutions, shall, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change- related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30) days from the effectivity of this Act, issue and promulgate the implementing guidelines therefor.

The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of LGUs.

SEC . 16. Coordination with Various Sectors. – In the development and implementation of the National Climate Change Action Plan, and the local action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors and other concerned stakeholder groups.

SEC . 17. Authority to Receive Donations and/or Grants. – The Commission is hereby authorized to accept grants, contributions, donations, endowments, bequests, or gifts in cash, or in kind from local and foreign sources in support of the development and implementation of climate change programs and plans: Provided, That in case of donations from foreign governments, acceptance thereof shall be subject to prior clearance and approval of the President of the Philippines upon recommendation of the Secretary of Foreign Affairs: Provided, further, That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission.

The proceeds shall be used to finance:

(a) Research, development, demonstration and promotion of technologies;

(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and adaptation capability building;

(c) Advocacy, networking and communication activities in the conduct of information campaign; and

(d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act, as may be defined by the Commission.

SEC. 18. Funding Allocation for Climate Change. – All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their respective climate change programs and plans. It shall also include public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for women in rural areas. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change.

SEC . 19. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act. The Oversight Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a Representative to be designated by the Senate President and the Speaker of the House of Representatives, respectively. Its funding requirement shall be charged against the appropriations of Congress.

SEC . 20. Annual Report. – The Commission shall submit to the President and to both Houses of Congress, not later than March 30 of every year following the effectivity of this Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of this Act, a progress report on the implementation of the National Climate Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall submit annual progress reports on the implementation of their respective local action plan to the Commission within the first quarter of the following year.

SEC . 21. Appropriations. – The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be sourced from the President’s contingent fund.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act.

SEC . 22. Implementing Rules and Regulations. – Within ninety (90) days after the approval of this Act, the Commission shall, upon consultation with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations of this Act: Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.

SEC . 23. Transitory Provisions. – Upon the organization of the Commission, the Presidential Task Force on Climate Change created under Administrative Order No. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. 220, shall be abolished: Provided, That their powers and functions shall be absorbed by the Commission: Provided, further, That the officers and employees thereof shall continue in a holdover capacity until such time as the new officers and employees of the Commission shall have been duly appointed pursuant to the provisions of this Act. All qualified regular or permanent employees who may be transferred to the Commission shall not suffer any loss in seniority or rank or decrease in emoluments. Any employee who cannot be absorbed by the Commission shall be entitled to a separation pay under existing retirement laws.

SEC. 24. Separability Clause. – If for any reason any section or provision of this Act is declared as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

SEC . 25. Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC . 26. Effectivity. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,

PROSPERO C. NOGRALES
Speaker of the House of Representatives

JUAN PONCE ENRILE
President of the Senate

This Act which is a consolidation of Senate Bill No. 2583 and House Bill No. 5982 was finally passed by the Senate and the House of Representatives on August 25, 2009 and September 2, 2009, respectively.

MARILYN B. BARUA -YAP
Secretary General
House of Representatives

EMMA LIRIO -R EYES
Secretary of the Senate

Approved:

GLORIA MACAPAGAL-ARROYO
President of the Philippines

RA 8749 Philippine Clean Air Act of 1999

REPUBLIC ACT NO. 8749

PHILIPPINE CLEAN AIR ACT OF 1999

Chapter 1
General Provisions
Article One
Basic Air Quality Policies

SECTION 1. Short Title. - This Act shall be known as the “Philippine Clean Air Act of 1999.”

SEC. 2. Declaration of Principles. - 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.

The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.

The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.

The State also recognizes the principle that “polluters must pay”.

Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all.

SEC. 3. 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 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.

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 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.

Article Two
Definition of Terms

SEC. 5. Definitions.- As used in this Act:

a) “Air pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes, but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radioactive substances;

b) “Air pollution” means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;

c) “Ambient air quality guideline values” means the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution;

d) “Ambient air quality” means the general amount of pollution present in a broad area; and refers to the atmosphere’s average purity as distinguished from discharge measurements taken at the source of pollution;

e) “Certificate of Conformity” means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer / assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;

f) “Department” means the Department of Environment and Natural Resources;

g)“Eco-profile” means the geographic-based instrument for planners and decision makers which present an evaluation of the environment quality and carrying capacity of an area. It is the result of the integration of primary data and information on natural resources and antropogenic activities on the land which were evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area.

h)“Emission” means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;

i) “Greenhouse gases” means those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like;

j) “Hazardous substances” means those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters;

k) “Infectious waste” means that portion of medical waste that could transmit an infectious disease;

l) “Medical waste” means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;

m) “Mobile source” means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property goods;

n) “Motor vehicle” means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use;

o) “Municipal waste” means the waste materials generated from communities within a specific locality;

p) "New vehicle” means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country;

q) “Octane Rating or the Anti-Knock Index(AKI)” means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;

r) “Ozone Depleting Substances (ODS)” 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;

s) “Persistent Organic Pollutants (POPs)” means the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;

t) “Poisonous and toxic fumes” means any emissions and fumes which are beyond internationally - accepted standards, including but not limited to the World Health Organization (WHO) guideline values;

u) “Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards
established by the Department;

v) “Pollution control technology” means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent;

w) “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, taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and

x) “Stationary source” means any building or immobile structure, facility or installation which emits or may emit any air pollutant.

Chapter 2
Air Quality Management System
Article One
General Provisions

SEC. 6. Air Quality Monitoring and Information Network.- The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:

a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department’s monitoring stations;

b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;

c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;

d) Recommendations for necessary executive and legislative action; and

e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.

The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.

The Department shall serve as the central depository of all data and information related to air quality.

SEC. 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective actions, and environmental education and information.

The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.

SEC. 8. Air Quality Control Action Plan.- Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall:

a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;

b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;

c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved;

d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;

e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action and environmental education and information;

f) Designate airsheds; and

g) All other measures necessary for the effective control and abatement of air pollution.

The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans.

In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.

Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Sec. 9 hereof.

The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.

A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.

SEC. 9. Airsheds.- Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.

For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.

To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.

The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:

a) Provincial Governors from areas belonging to the airshed;

b) City/Municipal Mayors from areas belonging to the airshed;

c) A representative from each concerned government agency;

d) Representatives from people’s organizations;

e) Representatives from non-government organizations; and

f) Representatives from the private sector.

The Board shall perform the following functions:

a) Formulation of policies;

b) Preparation of a common action plan;

c) Coordination of functions among its members; and

d) Submission and publication of an annual Air Quality Status Report for each airshed.

Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.

Emissions trading may be allowed among pollution sources within an airshed.

SEC. 10. Management of Non-attainment Areas.- The Department shall designate areas where specific
pollutants have already exceeded ambient standards as non-attainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.

In coordination with other appropriate government agencies, the LGUs shall prepare and implement a
program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people’s organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.

SEC. 11. Air Quality Control Techniques.- Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques.

Such information shall include:

a) Best available technology and alternative methods of prevention, management and control of air pollution;

b) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and

c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.

Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology.

The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.

SEC. 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with
other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows:

a) For National Ambient Air Quality Guideline for Criteria Pollutants:

		Short Term a		Long Term b
Pollutants	µg/Ncm	ppm	Averaging Time	µg/Ncm	ppm	Averaging Time
Suspended Particulate Matterc-TSP	230d		24 hours	90	----	1 yeare
-PM-10	150f		24 hours	60	----	1 yeare
Sulfur Dioxidec	180	0.07	24 hours	80	0.03	1 year
Nitrogen Dioxide	150	0.08	24 hours	----	----	----
Photochemical Oxidants	140	0.07	1 hour	----	----	----
As Ozone	60	0.03	8 hours	----	----	----
Carbon Monoxide 35	30	1 hour	----	----	----	----
	mg/Ncm
	10	9	8 hours	----	----	----
	mg/Ncm
Leadg	1.5	----	3 monthsg	1.0	----	1 year

^a Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.

^b Arithmetic mean

^c SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.

^d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.

^e Annual Geometric Mean

^f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.

^g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.

b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from:

Industrial Sources/ Operations:

Pollutants1	Concentration2		Averaging time (min.)	Method of Analysis/ Measurement3
	µ/Ncm	ppm
1. Ammonia	200	0.28	30	Nesselerization/ Indo Phenol
2. Carbon Disulfide	30	0.01	30	Tischer Method
3. Chlorine and Chlorine Compounds expressed as Cl2	100	0.03	5	Methyl Orange
4. Formaldehyde	50	0.04	30	Chromotropic acid Method or MBTH Colorimetric Method
5. Hydrogen Chloride	200	0.13	30	Volhard Titration with Iodine Solution
6. Hydrogen Sulfide	100	0.07	30	Methylene Blue
7. Lead	20		30	AASc
8. Nitrogen Dioxide	375,260	0.20,0.14	30,60	Greiss- Saltzman
9. Phenol	100	0.03	30	4-Aminoantiphyrine
10. Sulfur Dioxide	470, 340	0.18, 0.13	30,60	Colorimetric-Pararosaniline
11. Suspended Particulate
Matter-TSP	300	----	60	Gravimetric

¹ Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.

² Ninety-eight percentile (98%) values of 30-minute sampling measured at 25⁰C and one atmosphere pressure.

³ Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on:

a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;

b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and

c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.

The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.

SEC. 13. Emission Charge System.- The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.

SEC. 14. Air Quality Management Fund.- An Air Quality Management Fund to be administered by the
Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.

SEC. 15. Air Pollution Research and Development Program.- The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGO’s and PO’s, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.

Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.
Article Two
Air Pollution Clearances
and Permits for Stationary Sources

SEC. 16. Permits.- Consistent with the provisions of this Act, 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.

SEC. 17. Emission Quotas.- The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.

SEC. 18. Financial Liability for Environmental Rehabilitation.- As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that
may be damaged during the program or project’s actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.

Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources

SEC. 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 therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source 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.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:

Pollutants	Standard Applicable to Source	Maximum Permissible Limits (mg/Ncm)	Method of Analysisa
1. Antimony and Its compounds	any source	10 as Sb	AASb
2. Arsenic and its compounds	Any source	10 as As	AASb
3. Cadmium and its compounds	Any source	10 as Cd	AASb
4. Carbon Monoxide	Any industrial Source	500 as CO	Orsat analysis
5. Copper and its Compounds	Any industrial source	100 ax Cu	AASb
6. Hydrofluoric Acids and Fluoride compounds	Any source other than the manufacture of Aluminum from Alumina	50 as HF	Titration with Ammonium Thiocyanate
7. Hydrogen Sulfide	i) Geothermal Power Plants	c.d	Cadmium Sulfide Method
	ii) Geothermal Exploration and well-testing	e
	iii) Any source other than (i) and (ii)	7 as H2S	Cadmium Sulfide Method
8. Lead	Any trade, industry or process	10 as Pb	AASb
9. Mercury	Any Source	5 as elemental Hg	AASb/Cold-Vapor Technique or Hg Analyzer
10. Nickel and its compounds, except Nickel Carbonyl f	Any source	20 as Ni	AASb
11. NOx	i) Manufacture of Nitric Acid	2,000 as acid and NOx and calculated as NO2	Phenol-disulfonic acid Method
	ii) Fuel burning steam generators		Phenol-disulfonic acid Method
	Existing Source	1,500 as NO2
	New Source
	• Coal-Fired	1,000 as NO2
	• Oil-Fired	500 as NO2
	iii) Any source other than (i) adn (ii)		Phenol-disulfonic acid Method
	Existing Source	1000 as NO2
	New Source	500 as NO2
12. Phosphorus Pentoxideg	Any source	200 as P2O5	Spectrophotometry
13. Zinc and its Compounds	Any source	100 as Zn	AASb

^a Other equivalent methods approved by the Department may be used.

^b Atomic Absorption Specttrophotometry

^c All new geothermal power plants starting construction by 01 January 1995 shall control H_sS emissions to not more than 150 g/GMW-Hr

^d All existing geothermal power plants shall control H_sS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.

^e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.

^f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.

^g Provisional Guideline

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:

1. Fuel Burning Equipment
a) Urban or Industrial Area	150 mg/Ncm
b) Other Area	200 mg/Ncm
2. Cement Plants (Kilns, etc.)	150 mg/Ncm
3. Smelting Furnaces	150 mg/Ncm
4. Other Stationary Sourcesa	200 mg/Ncm

^a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.

Provided, further, That the maximum limits for sulfur oxides in said sources shall be:

(1) Existing Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process	2.0gm.Ncm as SO3
(ii) Fuel burning Equipment	1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa	1.0gm.Ncm as SO3
(2) New Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process	1.5 gm.Ncm as SO3
(ii) Fuel Burning Equipment	0.7 gm.Ncm as SO2
(iii) Other Stationary Sourcesa	0.2 gm.Ncm as SO3

^a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.

For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas:

I. Daily And Half Hourly Average Values

	Daily Average Values	Half Hourly Average Values
Total dust	10 mg/m3	30 mg/m3
Gaseous and vaporous organic substances, expressed as total organic carbon	10 mg/m3	20 mg/m3
Hydrogen chloride (HCl)	10 mg/m3	60 mg/m3
Hydrogen fluoride (HF)	1 mg/m3	4 mg/m3
Sulfur dioxide (SO2)	50 mg/m3	200 mg/m3
Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour	200 mg/m3	400 mg/m3
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less	300 mg/m3
Ammonia	10 mg/m3	20 mg/m3

II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.

Cadmium and its compounds, expressed as cadmium (Cd)	total 0.05
Thallium and its compounds, expressed as thallium (Tl)	mg/m3
Mercury and its Compounds, expressed as mercury (Hg)	0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As)	total 0.5 mg/m3
Lead and its compounds, expressed as lead ( Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided, further, That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.

Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.

Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.

SEC. 20. Ban on Incineration.- Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation “siga”, traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, further, That existing incinerators dealing with a biomedical wastes shall be 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.

Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.

With due concern on the effects of climate change, the Department 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, biomedical and hazardous wastes.
Article Four
Pollution from Motor Vehicles

SEC. 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.

The following emission standards for type approval of motor vehicles shall be effective by the year 2003:

a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

Emission Limits for Light Duty Vehicles Type Approval (Directive 91/441/EEC)

CO (g/km)	HC + NOx (g/km)	PMa (g/km)
2.72	0.97	0.14

^a for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:

	Reference Weight (RW) (kg)	CO (g/km)	HC + NOx (g/km)	PMa (g/km)
Category 1	1250<>	2.72	0.97	0.14
Category 2	1250<>	5.17	1.4	0.19
Category 3	RW>1700	6.9	1.7	0.25

^a for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:

CO (g/k/Wh)	HC (g/k/Wh)	NOx (g/k/Wh)	PM (g/k/Wh)
4.5	1.1	8.0	0.36a

^a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.

b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to:

[1] Inspect and monitor the emissions of motor vehicles;

[2] Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and

[3] Authorize private testing emission testing centers duly accredited by the DTI.

c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.

d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training
institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.

SEC. 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.

Any 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.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so 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 promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (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. These regulations shall include provisions for ensuring the durability of emission devices.

SEC. 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 Five
Pollution from Other Sources

SEC. 24. Pollution from smoking.- Smoking inside a public building 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 duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.

SEC. 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 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.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances

SEC. 26. Fuels and Additives.- Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the 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 the specifications for all types of
fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this
section shall be adopted by the BPS as Philippine National Standards (PNS).

The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision.

Consistent with the provisions of the preceding paragraphs under this section, it is declared that:

a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume;

b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and

c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).

Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.

The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act.

Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.

SEC. 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 for 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 fuel 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.

SEC. 28. Misfueling.- 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 labeled “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.

SEC. 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.

For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.
Article Two
Other Pollutants

SEC. 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 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.

SEC. 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 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.

SEC. 32. Persistent Organic Pollutants.- The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.

SEC. 33. 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.
Chapter 4
Institutional Mechanism

SEC. 34. 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.

SEC. 35. Linkage Mechanism.- The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or people’s organizations (POs),or private enterprises in the furtherance of the objectives of this Act.

SEC. 36. Role of Local Government Units.- Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, That in case where the board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.

The Department shall provide the LGUs with technical assistance, trainings and a continuing
capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction.

SEC. 37. Environmental and Natural Resources Office.- There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:


a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;

b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality;

c) To take the lead in all efforts concerning air quality protection and rehabilitation;

d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws;

e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and

f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, finally, That in case an employee is designated as such, he must have sufficient experience in environmental and natural resources management, conservation and utilization.

SEC. 38. Record-keeping, Inspection, Monitoring and Entry by the Department.- The Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to:

(a) establish and maintain relevant records;

(b) make relevant reports;

(c) install, use and maintain monitoring equipment or methods;

(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department;

(e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and

(f) provide such other information as the Department may reasonably require.

Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:

(a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;

(b) inspect any pollution or waste source, control device, monitoring equipment or method required;
and

(c) test any emission.

Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Department by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Department’s industrial rating system.

SEC. 39. Public Education and Information Campaign.- A continuing air quality information and education campaign shall promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign.
Chapter 5
Actions

SEC. 40. Administrative Action.- Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:

(a) Standards or limitation provided under this Act; or

(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.

SEC. 41. Citizen Suits.- 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.

The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney’s fees and damages.

SEC. 42. Independence of Action.- The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed independently.

SEC. 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act.- Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (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. Upon determination thereof, evidence warranting the same, the court shall dismiss the case and award attorney’s fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse of authority, and done in the course of enforcing this Act.

SEC. 44. Lien Upon Personal and Immovable Properties of Violators.- Fines and penalties imposed pursuant to this Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference to laborer’s wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.
Chapter 6
Fines and Penalties

SEC. 45. 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 Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.

For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator’s ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance: Provided, That in case of negligence, the first time offender’s ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of
the fine for willful violation.

The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided, That an establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.

SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to
the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties:

a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
Thousand Pesos (P4,000.00); and

c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program.

SEC. 47. Fines and Penalties for Violations of Other Provisions in the Act.- For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months to 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 the officials directly in charge of the operations shall suffer the penalty herein provided.

SEC. 48. Gross Violations.- In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean:

[a] three (3) or more specific offenses within a period of one (1) year;

[b] three (3) or more specific offenses with
three (3) consecutive years;

[c] blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation; and

[d] irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. 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 herein provided.
Chapter 7
Final Provisions

SEC. 49. Potential Loss or Shifts of Employment.- The Secretary of Labor is hereby authorized to establish a compensation, retraining and relocation program to assist workers laid off due to a company’s compliance with the provisions of this Act.

SEC. 50. Appropriations.- An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial implementation of this Act, of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act.

SEC. 51. Implementing Rules and Regulations.- The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this Act, within one (1) year after the enactment of this Act: Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by the Department pursuant to the provisions of this Act.

SEC. 52. Report to Congress.- The Department shall report to Congress, not later than March 30 of every year following the approval of this Act, the progress of the pollution control efforts and make the necessary recommendations in areas where there is need for legislative action.

SEC. 53. Joint Congressional Oversight Committee.- There is hereby created a joint congressional oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5) senators and five (5) representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively, the oversight committee shall be co-chaired by a senator and a representative designated by the Senate President and the Speaker of the House of Representatives, respectively.

The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight committees of the Senate and the House of Representatives.

SEC. 54. Separability of Provisions.- If any provision of this Act or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration.

SEC. 55. Repealing Clause.- Presidential Decree No. 1181 is hereby repealed. Presidential Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.
SEC. 56. Effectivity.- This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.