MAGDALUYO, JOHN MICHAEL A.

2-1 IES-TEC2

Republic Act No. 8749 June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL

Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of
1999."
Section 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.

RA 8749 provisioned and aims to provide and maintain healthy air for all the
Filipinos. The main goal is not to stop the manufacturing companies or the factories who
causes it, but to maintain and control. Smokes coming from different factories can a
result of a polluted air and can generally cause global warming that not only affects
people but also the environment and other living things, therefore, this law shall stand
and be the mediator in between factories and every well-being. This implements the
responsibilities of every manufacturing companies about the proper management
regarding those hazardous smokes coming from their machines and their duly
obligation.

Author:
Neric Acosta

Laguna Lake Development Authority (Official) As principal author of RA 8749 Clean Air
Act of 1999, RA 9275 Clean Water Act of 2004, RA 9003 Ecological Solid Waste
Management Act of 2001, Sec. Neric Acosta proudly highlights posters calling for
support for RA 8749 and RA 9003.

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 ( P 100,000.00) 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 noncompliance 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 there 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 (P 2, 000.00).

b. Second Offense - a fine not less than Two Thousand Pesos (P 2,000.00) and not to
exceed Four Thousand Pesos (P 4, 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 (P 4,000.00) and not more than Six
thousand pesos (P 6,000.00).

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 (P 30,000.00) 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 (P 10,000) but not more than One Hundred
thousand Pesos ( P 100,000) 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 if 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 consequences 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.