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.

January 2010 Architecture Board Exam Results

The Professional Regulation Commission (PRC) announces that 550 out of 1,092 passed the Licensure Examination for Architects (LEA) given by the Professional Regulatory Board of Architecture (PRBoA), headed by its Chairman, Architect (Ar) Armando Nicoleta ALLÍ, with two other members, Ar Angeline T. Chua Chiaco and Ar Marietta Bundalian Segovia. The examination was held in Manila last January 15 & 17, 2010.

The results were released in seven (7) working days after the last day of examination.

Registration for the issuance of Professional Identification (ID) Card and Certificate of Registration will start on February 3, 2010, Wednesday but not later than March 5, 2010, Friday. Those who will register are required to bring the following:
1) duly accomplished Oath Form or Panunumpa ng Propesyonal;
2) current Community Tax Certificate (cedula);
3) 2 pieces passport size picture (colored with white background and complete name tag);
4) 1 piece 1” x 1” picture (colored with white background and complete name tag);
5) 2 sets of metered documentary stamps;
6) 1 short brown envelope with name and profession; and
7) to pay the Initial Registration Fee of P600 and Annual Registration Fee of P450 for 2010-2013.

Successful examinees should personally register and sign in the Roster of Registered Professionals.

The Oath-taking Ceremony of the successful examinees in the said examination as well as the previous ones who have not taken their Oath of Professional/s, will be held before the Board on March 14, 2010, Sunday, at 1:00 o’clock in the afternoon at the Fiesta Pavilion, Manila Hotel, One Rizal Park, City of Manila.

Pursuant to Section 40 of Republic Act (R.A.) No. 9266, mandatory registration for membership with the United Architects of the Philippines, Inc., the integrated and accredited professional organization for architects (UAP-IAPOA), will start on Wednesday, February 3, 2010.
The successful examinees who garnered the ten (10) highest places are the following:

1. ROMANUEL ABUEL CONTRERAS
MAPUA INSTITUTE OF TECHNOLOGY
86.80
2. DAVID XANDER TORRES LACSON
UNIVERSITY OF THE PHILIPPINES-DILIMAN
86.00
3. DENIECE SY YUSUN
UNIVERSITY OF THE PHILIPPINES-DILIMAN
85.40
4. FRANCO LINTAG FLORES
UNIVERSITY OF SANTO TOMAS
85.20
5. JOAQUIN GENEROSO CORPUZ
UNIVERSITY OF THE PHILIPPINES-DILIMAN
85.00
6. JUMAR TAGANAS BALICAO
PANGASINAN STATE UNIVERSITY-URDANETA
84.70
PIA RAIMONDA OZAETA MARANAN
UNIVERSITY OF THE PHILIPPINES-DILIMAN
84.70
7. MICHAEL VELASCO ABUAN
UNIVERSITY OF SANTO TOMAS
84.60
8. IRIS INA YOLANDA DOROL ALMAZAR
UNIVERSITY OF THE PHILIPPINES-DILIMAN
84.50
9. ANNE LORRAINE DEL ROSARIO CABAN
MAPUA INSTITUTE OF TECHNOLOGY
84.40
10. JEROLD SENG KING
UNIVERSITY OF SANTO TOMAS
84.10

NOTHING FOLLOWS--------------------------------------

Roll of Successful Examinees in the
Manila LICENSURE EXAMINATION for ARCHITECTS (LEA)
Held on JANUARY 15 & 17, 2010 Page: 2 of 13
Released on JANUARY 26, 2010


Seq. No. N a m e

1 ABDUHASAN, AL-RAJAN SALUAN
2 ABOGANDA, KARLO MARKO JASMIN
3 ABRANTES, SHIENA JURADO
4 ABUAN, MICHAEL VELASCO
5 ABUSTAN, JASON ROMEO KEH
6 ADLAWAN, HELEN JUELE
7 AGASA, ANGELO KARLO ESPINA
8 AGOYLO, REINALYN RAMIREZ
9 AGUADA, JOSE ERIC CACHUELA
10 AGUILAR, MARIA LOURDES CARTAÑO
11 AGUINALDO, REGIE CONSTANTINO
12 AGUIRRE, CHRISTIAN APOLONIO
13 AGUNOY, JONATHAN ALFIE BERBER
14 AGUSTIN, JUDY JR DELA PEÑA
15 ALCARAZ, REDEN CONSTANTINO
16 ALEGRE, CLEODERICK MANEJA
17 ALESNA, FRANCIS JAMES PARAY
18 ALFONSO, MARIA MORENA CONEJERO
19 ALMAZAR, IRIS INA YOLANDA DOROL
20 ALMAZON, JENNIFER ORTIZ
21 ALNAS, MARK ALVIN ARCE
22 ALONGALAY, CHRISTINE ABAYAN
23 ALOQUINA, RIFF IAN GUMAHAD
24 ALVAREZ, ELLINOR DE VERA
25 ALVAREZ, ELSIE RICO
26 AMADO, JONATHAN JACINTO
27 AMBOS, CRISTY RIZ DACAY
28 AMORES, RAYMUND CULANCULAN
29 AMPARO, KAREN UY
30 ANDRES, MIA POLLY ESTACIO
31 ANGELES, MARIA LUISA DACUBA
32 ANICETO, MICHAEL CHALPAS
33 ANSAH, JASOND JALANDONI
34 ARABIT, BENEDICK BITOCLO
35 ARANDILLA, JULIE ROSE DORIAS
36 ARAÑES, GERARD BORJA
37 ARBOLADO, LARRY ALADO
38 ARCELLANA, ANTONIO JR AQUINO
39 ARCILLA, JOSEPH DE LA CRUZ
40 ASIDO, SHEENA MARIE ADOLFO
41 ATIENZA, MARIA JOSE TERESA DEOMAMPO
42 ATIENZA, MARISSA LOPEZ
43 AURITA, VILMA MATURAN
44 AZICATE, DEO GUERRERO
45 AZORES, PHILIP ANTHONY LATOZA
46 BACALLA, RAQUEL BECHAYDA
47 BADURIA, MELISSA DIONELA
48 BAGANO, PHILIP MICHAEL TAYAB
49 BAJAO, WILLARD ROMANILLOS
50 BALBOA, ARBIE RHEA ROSANES

51 BALBUENA, ROBELYN BAYAN
52 BALDOZ, MARIA CORAZON BONGON
53 BALIAD, JORAM PATRIARCA
54 BALICAO, JUMAR TAGANAS
55 BALISNOMO, SHERRYL MAE PEÑAMORA
56 BALMES, RAYMOND JOHN LORIA
57 BALUYOT, GILBERT KENT IGNACIO
58 BANAN, KATRINA PANESA
59 BAQUIAL, RAMCEL BIOL
60 BARAIRO, ANA MARI VIOLETA LABORDE
61 BARAOIDAN, FRANCIS MARTIN ALMAZAR
62 BARBADO, ERIKA MAURILLO
63 BARBOZA, ROGER ALVIN PANTALEON
64 BARRION, SHEBERT JAY NERVIOL
65 BARRO, JASON LEYVA
66 BASCONES, JOMAR ABALOS
67 BATANGAN, NORBERT CORNELIUS BUTAY
68 BAUTISTA, JOSE MA CALIMON
69 BEDIS, SALVADOR JR LOMPERO
70 BEJER, LOUIS LEO AMBE
71 BELLO, PED CHRISTOPHER III DE LEON
72 BELTRAN, HILDA CHARITO AVIÑANTE
73 BENEDICTO, MICHAEL CIPRIANO TUMIBAY
74 BERNARDINO, GERELSON RAY RULOMA
75 BERNARDO, PAULINE PARAISO
76 BEZA, CHADWICK WAYNE DE JESUS
77 BEÑALBER, JONAS SOBUSA
78 BIAG, JOHN DEREK NATINO
79 BICALDO, JANICE REGULADO
80 BIROSEL, JAMES MARI IVAN ROMERO
81 BISQUERA, RICHARD CALION
82 BONCALOS, ALBERT VIÑAS
83 BONCAN, MARIE VERONIQUE DAYRIT
84 BORJA, CHARISSE MAE QUIBLAT
85 BORLAGDAN, ROSELYN BINAMIRA
86 BORRE, JERICO BARCELON
87 BORROMEO, LUIS MIGUEL MARCAIDA
88 BOYBOY, PRIMITIVO JR CASILAC
89 BOYCO, WILLIAM JAMES GABAY
90 BRIONES, CRISSETTE ALLERMO
91 BUCAD, ROBERTO DELA CRUZ
92 BUENAVENTURA, JEFFREY ENRIQUEZ
93 BUENO, JULIE ANNE SARMIENTO
94 BUNSOY, JOHN ERIC DESEO
95 BUSTOS, GLAIZA VANESSA GENERAL
96 BUSTRIA, FAYE BELLE CABRERA
97 BUYA, RICHARDSON ORQUIO
98 CAAYAO, DEMMER DISCAYA
99 CABACUNGAN, ARCHIE LOUIE GUERRERO
100 CABALLERO, REBO LUMIGUID

101 CABALLERO, RONNIE MICHAEL SOTO
102 CABAN, ANNE LORRAINE DEL ROSARIO
103 CABATINGAN, MARK IAN FRANCISCO
104 CABIGAS, JOSEPH FRANCIS PEREZ
105 CABOCHAN, VINCENT BASCO
106 CABUGOY, CARLO MARTIN CABATBAT
107 CADEVIDA, JOSE MEDRANO
108 CADIZ, ROXANNE TAPAY
109 CADORNIGA, EINSTEINITZ GABRIEL
110 CAIPANG, TYGRID LIMJUCO
111 CALANOG, REIZEN VALENZUELA
112 CALIXTO, CHRIS ANDREW RUBIO
113 CALMA, DARYL LACANILAO
114 CANALDA, ALVIN RENTOY
115 CANLAS, SARAH PERFECTO
116 CAPILI, JIM RYAN FRASCO
117 CAPILITAN, KENNETH GONZALES
118 CAPISTRANO, RONALD TORRECAMPO
119 CARAIG, MICHAEL PEREZ
120 CARATING, LILY ROSE BELEN MARASIGAN
121 CARDENAS, KATRINA ZAFRA
122 CARINGAL, KATHERINE GAY RECILE
123 CARIÑO, ADRIAN CONCEPCION
124 CASITAS, ALLAN MAIGTING
125 CASPE, HARVEY DELA CRUZ
126 CASTILLO, DANN RAINIER GUPIT
127 CAUSO, CECILLE JACINTO
128 CAÑEDO, HAZEL EREN SILVANO
129 CEPE, JOHN DARREL GALVEZO
130 CERENO, CRESSIDA SECRETARIO
131 CHAN, RANDY FONTANILLA
132 CHENG, MICHAEL HARRY SY
133 CHIU, QUENNIE DOMINGO
134 CHOI, WELLINGTON GO
135 CHUA, CHARMAINE CANDY CO
136 CHUA, GERARD CUEVAS
137 CHUA, LUIGI ANN KAREN VILELA
138 CHUA, WILLIAM KELVIN UY
139 CHUIDIAN, SIDNEY JACINTO
140 CLARO, ARMUND APARECE
141 CLEMENTE, VALENTIN CUADERNO
142 CO, JOHN ALVIN CO
143 COLCOL, ZASHA JANE SACAYANAN
144 COMILLAS, JONATHAN PASCUA
145 CONGSON, IRENE JUMAO-AS
146 CONTRERAS, DONNA MAE IMMACULATA
147 CONTRERAS, ROMANUEL ABUEL
148 CORDERO, PATRICK JOHN VISDA
149 CORPUZ, JOAQUIN GENEROSO
150 CORPUZ, MA LUZ MAYETH ORATA

151 CORTEZ, KARLA LEGASPI
152 CRUZ, MARK SAPIDA
153 CRUZ, MELODY SUING
154 CRUZ, ROLLIE MONEDA
155 CRUZADA, CATHERINE CASTOR
156 CUADRASAL, ERECH CABINTA
157 CUETO, ALDWIN DAYANDAYAN
158 DACALUS, KATHLEEN MISOLES
159 DAEL, RONALD CUYO
160 DALIPE, MICHAEL SALMON
161 DAQUIOAG, JOJO GOYAGOY
162 DAVID, ERICK CHRISTIAN PINEDA
163 DAVID, VINCENT REY VERDEFLOR
164 DAYOT, RONAN PAUL BULAHAN
165 DAÑO, JOSEPH TIEMPO
166 DE ALBAN, ALBAN ZACCHAEUS FRANCISCO
167 DE CASTRO, DENISE LORENA VILLAR
168 DE GUZMAN, JASON RUAYA
169 DE GUZMAN, MARIE ROSE CALDERON
170 DE GUZMAN, RAPHAEL BENJAMIN BALAGOT
171 DE LOS REYES, JESTONI DELOS REYES
172 DE PADUA, EALONA AZALEA LOPEZ
173 DEL CASTILLO, ARVIN MANALOTO
174 DELA CRUZ, DENVER JOHN AGUILAR
175 DELA GRACIA, MARVIN ARELLANO
176 DELIQUIÑA, MARY GRACE REYES
177 DELOS REYES, JEFFREY CAYANAN
178 DEMATERA, RITCHIE LIM
179 DESQUITADO, GLENN RAGODON
180 DIAZ, RAMON EMMANUEL III PAULO
181 DIMAAMPAO, JANISHA BANI
182 DIMAANO, GLAISA BORINES
183 DIMAGIBA, ELIZA VILLARMA
184 DIMAYUGA, MARK-IAN GAHASIN
185 DIMAYUGA, RUDOLF VAL BAUTISTA
186 DIMLA, HERMINIO SANGALANG
187 DIONISIO, DENNIS CANTOS
188 DIOSANA, WILFREDO JR RONZALES
189 DIZON, SUZANNE CELESTIAL
190 DOCTOLERO, MARK ELTON PESADO
191 DOCTOR, REYNALD MORALES
192 DOLINO, LE SANTI ONG
193 DULATRE, RUBIE CANGCO
194 DULAY, SHERWIN JAMES DE CASTRO
195 DUMANIG, GEORGE ALFRED LOBERIZA
196 DUMLAO, MARK JAYSON CARNAJE
197 DUMO, JEFFREY OLETE
198 EDQUILA, MARC EGAN HIPONIA
199 ELAURIA, ARCHIVAL DIZON
200 ENANO, MARK ANTHONY CABERDE

201 ENIMEDEZ, HOWARD NIEVA
202 ENRIQUEZ, ELVIN SANTOS
203 ERASQUIN, ROBERT TOLENTINO
204 ESPAYOS, NORIEL ANG
205 ESPINA, ARLYN AUDENCIAL
206 ESPINA, NICASIO JR BAQUERO
207 ESPINO, LARRY ESPINILLA
208 ESPINOSA, WINONA YACAT
209 ESPIRITU, PATRICK JOSHUA BAUTISTA
210 ESTOY, RICHELITO CAÑETE
211 ESTRADA, RYAN DEGUIA
212 EUMAGUE, ANTHONY GEROGALIN
213 FAJARDO, KENKESEY ARANTON
214 FARONILO, RALPH MARVIN AGUMBAY
215 FELISMINO, KATHRYN SHEILA CAPULONG
216 FELIZARDO, BERNADETTE BAUTISTA
217 FENEQUITO, LUDOVICO JR FEGURO
218 FENIX, ARGIE ENRIQUE
219 FERNANDEZ, HILBERT PARAYNO
220 FERNANDEZ, JAY BRAVO
221 FERNANDEZ, TEEJAY MAQUINAD
222 FLORES, FRANCO LINTAG
223 FONTANILLA, JOVANNI GALLO
224 FORMOSO, ANTHONY SELERIO
225 GABITOYA, KRENZ BRYAN ESTORIA
226 GACAO, LORELEI ANN REYNANTE
227 GADE, LESLIE DELA CRUZ
228 GALANG, BRYAN JOSEPH DE GUZMAN
229 GALANIDA, KYLE EDWARD BESTIL
230 GAMBOA, MA JACLYN CRISTINA GANA
231 GAMELONG, GERRY MHA ORENDAIN
232 GANCIA, JAYBOY DORIAS
233 GARCIA, ALVIN CAPUNO
234 GARCIA, ANNA LIEZL BACAR
235 GARCIA, ARNEL CASTILLO
236 GARCIA, DAVIDSON DELOS REYES
237 GARCIA, KRISTINE OLEO
238 GARCIA, NUEL DEREK ALMADEN
239 GASCON, ELMER GASCON
240 GAYONOCHE, ALOHA BATISLA-ONG
241 GEROLAO, EVANELL PANES
242 GIMANG, GIANCARLO GENSON
243 GLORIA, ADRIAN FELIX SAN JUAN
244 GO, HANNAH JAYNE ONG
245 GONZAGA, HAMPREY SUMBILLO
246 GONZALES, HAROLD GILBERT MANALO
247 GOZON, RHEA MAE OMEGA
248 GOZUM, JERROLD JAMES SALONGA
249 GUEVARA, JULIUS GAVARRA
250 GUEVARA, MARK NEIL SALVADOR

251 GUITCHE, EDMOND BRAZA
252 GUTIERREZ, ERNEST BAUTISTA
253 GUZMAN, GIZELLE GALANG
254 GÑILO, ALISON HERRERA
255 GÑILO, JANE BODONAL
256 HANSON, ERWIN FUELLAS
257 HARAYO, GERALD CANOY
258 HERNANDEZ, AR JASON VOZ
259 HERNANDEZ, CHARLES HERMAN GUALBERTO
260 HERNANDEZ, ROBERTO ORTEGA
261 HERRERA, ROGER MOSATALLA
262 HIDALGO, ROMMEL ZALDARRIAGA
263 HO, CHRISTIANNE BASCONES
264 HUELAR, JANICE JOY BABIERA
265 IBARRA, FAHD BUNSAY
266 IDIO, LORENZO MONTEMAYOR
267 IGLESIA, KHRISTINE ROSALEM
268 IMPERIAL, JEROMY BUENA
269 INTAL, MARY GRACE SUÑGA
270 JABILLES, PRIMO IV RESTOR
271 JACINTO, VICTOR PRONDO
272 JAMANDRE, JOHN MARIE ZARASPE
273 JIMENEZ, MICHAEL DEOGRACIAS
274 JOCSON, KRISTINE ANN DALISAY
275 JOSE, JAY IGNACIO
276 JOSON, JOSELITO NGUI
277 JOSON, PAOLO VILLASPER
278 JOYA, ERIK ANG
279 JUAB, RANDY SALIVIO
280 JUBELAG, JEL FUENTES
281 JUICO, KATRINA GUICO
282 KABIGTING, GLAIZA LAYSICO
283 KIAT-ONG, CHESTER ALLAN POOTEN
284 KING, JEROLD SENG
285 KWOK, ERICKSON CHUA
286 LABAJO, ULYSSES ROSAS
287 LABORTE, RAPHAEL TAJONERA
288 LABRODA, WILMAN MAPA
289 LACSAO, JOSE JUPITER BABAY
290 LACSON, DAVID XANDER TORRES
291 LAGMAN, RAYMUNDO ELPIDIO JR CASTILLO
292 LAGOS, JOSEPH CRISTOPHER ALBERTO
293 LAM, KELVIN YANG
294 LASCO, KATRINA ANDRES
295 LAYDIA, LORAIDA VILLAROZA
296 LIM, HARWIN DALE CORTEZ
297 LIM, IMEE LIM
298 LIM, JOSEPH ALBERT RAPES
299 LIM, PATRICK JEFFERSON TAN
300 LINAJA, MA VIRGINIA ALEJO

301 LINDO, VICTORIANO II CARRASCO
302 LIRAZAN, JOSE CARLO ESTOCHE
303 LIWAG, DIONISIO JR DELA CRUZ
304 LLANDELAR, RAFAEL JR CASTRO
305 LLAVE, JOSELITO CUTIDIOC
306 LOMANOG, ARCHIMEDES SALINDA
307 LOPEZ, EDWARD ANTHONY RAMOS
308 LORA, MECHYL LORAINE BACULPO
309 LOTERIÑA, SHIEGFRED MARINDA
310 LOYZAGA, ANDREW SORILLA
311 MACALANDA, REMILYN DUQUES
312 MACARAYAN, FLORABEL ALVAREZ
313 MACUTE, ARTHUR MAGALLANES
314 MADARCOS, MICHELLE GADONG
315 MADI, MA CECILIA CENTENO
316 MADLAMBAYAN, CARLA GINA PARE
317 MAGAUAY, MICHAEL SABIO
318 MAGBANUA, ANGEL JR PADUL
319 MAGTIBAY, CHARLY MADRID
320 MAHINAY, ELLEN DARAY
321 MALAPIT, RIA GINA ILAGAN
322 MALIWAT, NATHALEE FAITH MONDOC
323 MALLARI, JOSEPH LIDESON DAVID
324 MALLONGA, CHARMAINE JOY LIM
325 MALVAROSA, TOM DOCTAMA
326 MAMANSAG, REDNELL FELIXMEÑA
327 MANABAT, JOHN CARLO ANGELES
328 MANAOIS, FERMIN ZABALA
329 MANCERA, MARIANNE CELESTE ZANTUA
330 MANRIQUE, JOAN JALOS
331 MARANAN, ALFRED TAN
332 MARANAN, PIA RAIMONDA OZAETA
333 MARASIGAN, LORIEBEN PARAS
334 MARAVILLA, KATHLEN RUDA
335 MARBA, RAMIL DELA CRUZ
336 MARCOS, HAROLD VILLANUEVA
337 MARCOS, JERIC PAUL TIRAÑA
338 MARFIL, GLENDALE BAGAFORO
339 MARQUEZ, APRIL JOY CRUZ
340 MATOS, CHRISTINE ANN REYES
341 MATUNOG, CRIZ ESTILLORE
342 MAÑACAP, JEANIFER BORDADO
343 MENDOZA, ALDRIN MANUEL
344 MENDOZA, ANDREW PIÑGOL
345 MENDOZA, MARCOLENI MORENO
346 MENDOZA, MARK ANTHONY TAPALLA
347 MICLAT, KAREN JANN UY-BUNGCO
348 MILLEVO, MYLENE ANDES
349 MIRAZOL, JOHNUS RENAN DALIDA
350 MOJICA, JUAN PAULO ATIENZA

351 MOLINA, FRANDO FRANCISCO
352 MOLLEDA, LEONEL TOBILLA
353 MONOY, SAM STUART USI
354 MONSALES, RYAN PAUL ALGAR
355 MONTEDERAMOS, RENIE DIAPOLET
356 MONTEREY, KRISTAL GAEL YONGCO
357 MONTUBIG, ROSTHUM RUZ
358 MOORE, JEANETTE SARMIENTO
359 MORAL, CIELO KESTREL CORPUZ
360 MORILLA, MA JOYCELLE RUTAQUIO
361 MORILLA, MILDRED QUIBAN
362 MORILLO, ALMIRA REPOSAR
363 MULO, JUNE AMBRUCE BAYRON
364 MURLA, VINCENT MARI PABLO
365 MUÑOZ, MICHAEL MEDES
366 NADELA, CRISTOPHER BOB UNABIA
367 NAGRAMPA, MICHAEL VILLAREAL
368 NAMBLI, JANICE DIAZ
369 NAPIZA, JOHN PAUL MONTES
370 NARISMA, MARK PAUL CIRENUELA
371 NIEBRES, RAYMOND VILLAFLOR
372 NOTORIO, GINAMAE SUAREZ
373 NUBLA, JESSE NIÑO BASA
374 NULLA, JAMES DOLE DELA LUNA
375 OCFEMIA, ROGER LLANETA
376 ODIAMAN, RALPH CASTILLO
377 ODINADA, REAH GACUTAN
378 OLAVARIO, LLOYD YURICK PALAY
379 OLOG, MICHAEL TESTA
380 OLVIS, HONEY DHINNA ORTOJAN
381 OMAPAS, JO ROMINEZ
382 ONZA, JEAN MARIE TRINIDAD
383 ORTEGA, BOYET ESCALONA
384 OSEO, SHERYLL ABEJUELA
385 PABALAN, KRISTINE VILLAFUERTE
386 PABELLANO, AXELLE FLORIDO
387 PABRUA, VANESSA MORALES
388 PABULAYAN, MARIA CRISANTA BORJA
389 PACHO, FERDINAND DE CASTRO
390 PACIS, ROMULUS PANGANIBAN
391 PACULA, JESSIE KRISTOFFER DAEL
392 PAGADOR, SHERYL REBAMONTE
393 PAGAYONA, RODOLFO DAN II BALILIS
394 PAJARILLAGA, CARLO ANDREW ROSETE
395 PALENCIA, ARMELSEN ABADICIO
396 PALER, MAYLYN TRINIDAD
397 PANALIGAN, FELIX JR JAGONIO
398 PANDONG, KRISTINE GRACE SANCHEZ
399 PANTOJA, CARLOS TEODOSIO
400 PAR, KATHLEEN MONICA PANGAN

401 PARALE, DANILO BERO
402 PARAYNO, JHAYCEA MUSNI
403 PARUNGAO, ROY DEXTER AMABA
404 PASCUA, CRYSTEL ANN CAPUA
405 PASCUA, JON-ERIK EDMUND RAMIRO
406 PASETES, JEFFREY CARAME
407 PASIONA, MARIA MICHAELA ASERDANO
408 PAZ, ZARINE TORIDA
409 PENADO, TIFFANY ARDEÑA
410 PENALES, RALPH DOMINIC CRUZ
411 PERALTA, SHEENA CRISELLE RIVERA
412 PEREZ, MARK ANGELO FERNANDEZ
413 PEREZ, RODOLFO III GONZALES
414 PERINO, DORIS MISA
415 PETEZA, JEAN PAUL BATAS
416 PEÑALOSA, JEFFREY BULOS
417 PIASTRO, MARYLL MONICA BIBAT
418 PIPO, JOHN MICHAEL TAGORDA
419 POBLETE, POCHOLO ANTONIO PAPA
420 POBOCAN, THADEO CAÑETE
421 POLLICAR, ERIC DE OCAMPO
422 POON, ALEXANDER ADAMSON CRUZ
423 POSA, JOHANNAH RONGO
424 PUNZALAN, MICAH GABRIELLE NAANEP
425 QUINIO, GINALYN GUERRA
426 RAMIREZ, EUMAR SARIBONG
427 RAMOS, CHIRADEE ANN MENDOZA
428 RAMOS, STEPHEN GETONZO
429 RAMOSO, CATHERINE DAMASING
430 RANCAP, ALISDAIR ALDECOA
431 RARO, IVY VENTURA
432 REMOLADOR, KATHERINE MOJICA
433 REYES, ADRIAN TELARMA
434 REYES, CYNTHIA BIANCA LARGUEZA
435 REYES, MARGARITA RANI RAFAELLA MADUCDOC
436 REYES, MARIA DIWATA SIAZON
437 RICAFORT, JEFFREY CORPUZ
438 RITUMALTA, JEROME CAYAYA
439 RIVERA, MARIA LOREN NUÑEZ
440 ROCA, CLAUDINE MARIE BENEDICTO
441 RODRIGO, KRISTINA ROANNA SOLIDIO
442 ROGIO, JOHNA GAYOLA
443 ROJONAN, DANA JANE PAEZ
444 ROMULO, RICHARD GENARO
445 ROQUE, RYAN SALAS
446 ROS, MARIA JOY FRANCA
447 ROSAL, LEAH ANN ABAD
448 RUEDA, LORENZO DIOSO
449 SAB, JEUS JOY ONDOY
450 SABAN, CYNDI CABASAL
451 SABULAO, SYRENE GREFIEL
452 SALAZAR, KAREN DAGA
453 SALVADOR, ROY ANTONIO
454 SALVADORA, JENNILYN MISA
455 SALVANERA, NOEL DE CASTRO
456 SAMBAJON, CAROLYN CANDELARIA
457 SAN JUAN, JOSHUA RYAN SARINAS
458 SANCHEZ, ROBBI ROMEICO FERNANDO
459 SANTOS, KATHRINA MAY AGBUNAG
460 SANTOS, MARK ONG
461 SANTOS, MAURICE EVAN BULANHAGUI
462 SANTOS, RACHELLE SALAC
463 SARIA, SHERWIN COMIA
464 SASING, CHERYL FE CALITES
465 SEBASTIAN, TIMOTHY OROSCO
466 SEE, GEORGE JOHN RAFER AQUINO
467 SERRANO, CHARLIE MALLARI
468 SERRANO, JOHN LEONARD OBOZA
469 SERVIDAD, AGUSTIN JR JASARENO
470 SIAPNO, RAY OLIVER REYES
471 SILVA, CHRISTIAN ALBERT MACASAET
472 SILVIO, SAHLEE JEREZ
473 SIMON, ADREI ADLER GUBA
474 SINDAC, MIGUEL LORENZO BUAN
475 SISON, RICHARD CRUZ
476 SO, WYL YCCYN CHIA
477 SOLANO, DANLEE LANDINGIN
478 SOLIS, ROMMEL LALANGAN
479 SORIANO, RALPH BALMACEDA
480 SOTO, JON KEVIN CIPRIANO
481 STA MARIA, PETER JOHN LASUD
482 SUAISO, JEROME PANTI
483 SUAREZ, ISRAEL COMIA
484 SUBAGAN, JUAN JAYPEE III MADAMBA
485 SUMATRA, MITCHEL ELLO
486 SUPETRAN, JAN MICHAEL ALBASON
487 SUSADA, HARIETE CHRISTEL LOCSO
488 TABAJONDA, BRIAN ALLESA
489 TAGUBA, CHRISTOPHER BROZOLA
490 TALADOC, JENNIFER GALAMITON
491 TALANA, JOSEPH PATRICK DUPRA
492 TALDE, VERONICA VARONA
493 TAMBONGON, MARK GUANTIA
494 TAN, MARICOR PEÑAFLOR
495 TAN, MARK STEPHEN TAN
496 TAN, ROYDE JANSSEN LEE
497 TAN, SARAH JANE SAY
498 TARUC, JONNEL AGUILAR
499 TASARA, JONATHAN JUAREZ
500 TATEL, REMIGIO JR TRIUNFO

501 TE, DARBBY ALINDOGAN
502 TELMO, ALEXIS YAP
503 TIAMZON, NAZARENE VERGARA
504 TILA, ELIZA CLAIRE AMAMEDA
505 TIMBAD, RODILLADO JR FRANCO
506 TINGSON, JERICKO GUILA
507 TO, CATHERINE SAN ROQUE
508 TOM WONG, BRIAN CHO
509 TOMAQUIN, ABRAHAM HUGO
510 TORING, MARIA AILEEN CABILIN
511 TOROLLO, EVAN CAÑUTO
512 TORRALBA, CLARISA MINETTE RUFIN
513 TORRES, MICHAEL TIU
514 TRENONCE, JEPHTE TONGCO
515 TRINIDAD, MARIE ANNE KATHYLENE ALLANIGUE
516 TUGAS, EDGAR TABBILOS
517 TUTTUH, MURAD BAKIL
518 UBAY, JEFFREY RAMIREZ
519 VALENZONA, MARK GAMO
520 VALMORES, MARICRIS LAFIGUERA
521 VELARDE, KATHERINE CU
522 VELASCO, MARY NEIL ESTONANTO
523 VELEZ, ELISA SANTOS
524 VENTURA, EDWARD TORRES
525 VERDEJO, MERELA ANGEL BELCHEZ
526 VERGARA, RAMYL MARTINEZ
527 VERGARA, VERGEL NABELLA
528 VICTORIO, JOSEPH GABRIEL
529 VILLA, OMAR JEROME GARCIA
530 VILLALOBOS, AIZABELLE ALVAREZ
531 VILLAMAR, JAY ANN IGNACIO
532 VILLAMOR, KHRISTINE BARSAGA
533 VILORIA, ARMAH DOMINIC TICMAN
534 VIRREY, EDGARDO JR BAGUING
535 VIRTUCIO, ARON CHARLES ARANAS
536 VISAYA, MELCHIE NARDO
537 VY, ERIKA HENRIE LEE
538 WONG, ANTHONY VERA
539 YAN, ANTHONY CABATAY
540 YAP, KAZANDRA BIANCA ALVAREZ
541 YAP, MARY MAY GO
542 YBAÑEZ, JUFEL TUMANGAN
543 YMBALLA, GLENN JAMERO
544 YONG, KAREN TAN
545 YU, GRACIELLE TORTONA
546 YU, ROBERTSON LIM
547 YUSUN, DENIECE SY
548 ZARASINA, AUGUST CAEZAR SAAVEDRA
549 ZOLUAGA, DOLLY ANNE MASTILERO
550 ZULUETA, PHILANDER DEFEO
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Page: 13 of 13


Manila, Philippines
JANUARY 26, 2010




RECOMMENDING APPROVAL:


Original Signed

ARMANDO N. ALLI
Chairman
Professional Regulatory
Board of Architecture
(PRBoA)



APPROVED:




NICOLAS P. LAPEÑA, JR.
Chairman
Professional Regulation Commission (PRC)

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.