Laws Related to

AIR
1987 Philippine Constitution
Philippine Clean Air Act of 1999 (R.A. 8749)
Tobacco Regulation Act of 2003 (R.A. 9211)
Providing for the Establishment of Smoke-Free
Environments in Public and Enclosed Spaces
(Executive Order No. 26)
1987 PHILIPPINE CONSTITUTION

The State shall protect and advance

the right of the people to a balanced
and healthful ecology in accord with
the rhythm and harmony of nature.”
(Section 6, Article II, State Policies)
PHILIPPINE CLEAN AIR ACT
(R.A. 8749)
 Enactment: June 23, 1999
 Publication: July 2, 1999
 Effectivity: July 17, 1999
 Implementing Rules and Regulations through
DENR Administrative Order No. 81: November 7,
2000
 IRR Publication: November 10, 2000
 Effectivity of IRR: November 25, 2000
Various Government Agencies
Mandated to Support the Act:
Department of Environment and Natural Resources (DENR),
through its Environmental Management Bureau (EMB) – act as
overall of the lead agency; prepare a National Air Quality Status
Report which shall be used as a basis in formulating the Integrated
Air Quality Improvement Framework; issue rules and regulations in
the implementation of the Act.

Department of Transportation and Communication (DOTC) – in

coordination with the DENR in case of industrial dischargers and the
DOTC, in case of motor vehicles, shall, based on environmental
techniques, design, impose on and collect regular emission fees from
all said dischargers as part of the emission permitting system or
vehicle registration renewal system, as the case may be; implement
the emission standards for motor vehicles.
Various Government Agencies
Mandated to Support the Act:

Department of Science and Technology ( DOST) – with the DENR,

other agencies, private sector , the academe, non-government
organizations and people’s organization, shall establish a National
Research Development Program for the prevention and control of
air pollution.

Department of Trade and Industry (DTI) , DOST Local

Government Units (LGUs) – together with the DENR shall develop
an action plan for the control and management of air pollution
from motor vehicles with the Integrated Air Quality Management
Framework.
Various Government Agencies
Mandated to Support the Act:
DOTC, DTI and DENR – 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
emission of pollutants discharged by the said sources.

Department of Energy (DOE) co-chaired with the DENR, in

consultataion with the Bureau of Product Standards of DTI,
DOST with the fuel and automotive industries, academe and the
consumers – shall set specifications for all types of fuel and fuel-
related products, to improve fuel composition for increased
efficiency and reduced emissions.
Various Government Agencies
Mandated to Support the Act:
Philippine Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) – shall regularly monitor meteorological
factors affecting environmental conditions including ozone
depletion and greenhouse gases.

Philippine Nuclear Research Institute (PNRI) – with the DENR

shall regulate all projects which will involve the use of atomic
and/or nuclear energy, and will entail release 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.
Various Government Agencies
Mandated to Support the Act:
Department of Education (DepEd), Commission on Higher
Education (CHED) , Department of Interior and Local
Governments (DILG) and the Philippine Information Agency
( PIA) – shall encourage participation of government agencies and
the private sector including NGOs, POs, academe, environmental
groups and other private entities in a multi-sectoral campaign.
Salient Features of RA 8749

1. Designation of airsheds for a more

effective and systematic planning and
coordination (Section 9)

 Airshed – refers to areas with common weather or meteorological

conditions and sources of air pollution which affect the
interchange and diffusion of pollution in the surrounding
atmosphere.
2. Adoption of the Emission Charge System
– based on the concept of “polluters must
pay” (Section 13)

 Emission Charge – refers to a fee corresponding to the quality,

quantity, volume and toxicity of emissions from an industrial or
mobile source.
 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 to tax credits and/or accelerated depreciation
deductions.
3. Establishment of an Air Quality Management
Fund to Finance Containment or Clean-Up
Operations or Restorations/Rehabilitation,
Research, Monitoring and Enforcement
Activities (Section 14)
4. Ban on Incineration (Section 20)
 Incineration – means the burning of municipal, bio-medical and
hazardous wastes which process emits toxic and poisonous fumes.
 Incineration as defined in this Act is prohibited.
 However, the prohibition shall NOT APPLY to traditional small-scale
method of community / neighborhood sanitation “siga”, traditional
agricultural, cultural, health, and food preparation and crematoria.
 The existing incinerators dealing with bio-medical wastes shall be
phased out within 3 years after the effectivity of this Act.
 In the interim, such units shall be limited to the burning of
pathological and infectious wastes, and subject to close monitoring
by the Department.
 With due concern on the effects of climate change, the
Department shall promote the use of state-of-art, environmentally-
sound and safe non-burn technologies for the handling, treatment,
thermal destruction, utilization, and disposal of sorted,
unrecycled, uncomposted municipal, bio-medical and hazardous
wastes.
5. Emission Standards from Motor Vehicles
(Section 21)

 The DOTC shall implement the emission standards for motor

vehicles set pursuant to and as provided in this Act.
 The Department shall review, revise and publish the standards
every two 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.
5. Emission Standards from Motor Vehicles
(Section 21)
5. Emission Standards from Motor
Vehicles (Section 21)
5. Emission Standards from Motor
Vehicles (Section 21)

 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.
6. Regulation of All Motor Vehicles
and Engines (Section 22 to 23)
 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.

 Certificate of Conformity – means a certificate issued by the DENR

to a vehicle or 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.

 Any imported new motor vehicle engine shall NOT be introduced

into commerce, sold or used UNLESS it complies with the emission
standards set pursuant to this Act.
6. Regulation of All Motor Vehicles
and Engines (Section 22 to 23)
 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 set
pursuant to this Act.

 In case of NON-COMPLIANCE, the importer or consignee may be

allowed to modify or rebuild the vehicle or engine so that it will be
in compliance with applicable emission standards.

 NO MOTOR VEHICLE REGISTRATION (MVR) shall be issued unless

such motor vehicle passes the emission testing requirement
promulgated in accordance with this Act. Such testing shall be
conducted by the DOTC or its authorized inspection centers within
60 days prior to date of registration.
6. Regulation of All Motor Vehicles
and Engines (Section 22 to 23)
 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.
7. Pollution from Other Sources
(Section 24 and 25)
Pollution from Smoking
Smoking inside a public building or an enclosed public place including public
vehicles and other means or 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. This provision shall be implemented by the LGUs.

Pollution from Other Mobile Sources

The Department, in coordination with appropriate agencies, shall formulate and
establish necessary standards for all mobile sources other than those referred in
Section 21 of this Act. The imposition of the appropriate fines and penalties from
these sources for any violation of emission standards shall be under the
jurisdiction of the DOTC.
8. Regulation of Fuel and Fuel
Additives (Section 27)
 No manufacturer, processor or trader may import, sell, offer for
sale, or introduce into commerce such fuel or additive UNLESS the
same has been registered with DOE. Prior to registration, the
manufacturer, processor or trader shall provide the DOE with the
following relevant information:
 Product identity and composition to determine the potential health effects
of such fuels and additives;
 Description of the analytical technique that can be used to detect and
measure the additive in any fuel;
 Recommend range of concentration; and
 Purpose in the use of the fuel and additive.
9. Misfueling (Section 28)

 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.
9. Prohibition on Manufacture, Import and
Sale of Leaded Gasoline and of Engines
and/or Components Requiring Leaded
Gasoline

 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.
10. Other Pollutants (Section 30 to
33)
 Phase out of ozone-depleting substances.
 Regular monitoring of meteorological factors affecting
environmental conditions including ozone depletion and
greenhouse gases.
 Implementation of a national plan on the reduction of greenhouse
gas emissions in the country.
 Development of short-term and long-term national government
programs on the reduction and elimination of Persistent Organic
Pollutants such as dioxins and furans.
 Regulation of all projects which will involve the use of atomic
and/or nuclear energy in the interest of public health and welfare.
Fines and Penalties (Section 45
to 48)
 For actual exceedance of any pollution or air quality
standards:
A fine of NOT more than P 100,000.00 for everyday of
violation against the owner or operator of a stationary
source until such time that the standards have been
complied with.
*the fines shall be increased by atleast 10% every 3years to
compensate for inflation.
Fines and Penalties (Section 45
to 48)
 For violation of standards for motor vehicles:
Fines and Penalties (Section 45
to 48)
 For violations of all other provisions of the Act and of
the rules and regulations:
A fine of NOT less than P10,000.00 but NOT more
than P100,000.00 or 6months to 6years
imprisonment.
Fines and Penalties (Section 45
to 48)
Tobacco Regulation Act of 2003
(R.A. No. 9211)
It is the policy of the State to protect the populace from hazardous
products and promote the right to health and instill health
consciousness among them. It is also the policy of the State,
consistent with the Constitutional ideal to promote the general
welfare, to safeguard the interests of the workers and other
stakeholders in the tobacco industry. For these purposes, the
government shall institute a balanced policy whereby the use, sale
and advertisements of tobacco products shall be regulated in order to
promote a healthful environment and protect the citizens from the
hazards of tobacco smoke, and at the same time ensure that the
interests of tobacco farmers, growers, workers and stakeholders are
not adversely compromised. (Section 2)
SECTION 5. Smoking Ban in Public
Places.
SECTION 5. Smoking Ban in Public Places.—Smoking shall be absolutely
prohibited in the following public places:
a. Centers of youth activity such as playschools, preparatory schools,
elementary schools, high schools, colleges and universities, youth hostels
and recreational facilities for persons under eighteen (18) years old;
b. Elevators and stairwells;
c. Locations in which fire hazards are present, including gas stations and
storage areas for flammable liquids, gas, explosives or combustible
materials;
d. Within the buildings and premises of public and private hospitals,
medical, dental, and optical clinics, health centers, nursing homes,
dispensaries and laboratories;
e. Public conveyances and public facilities including airport and ship
terminals and train and bus stations, restaurants and conference halls,
except for separate smoking areas; and
f. Food preparation areas.
SECTION 6. Designated Smoking and
Non-smoking Areas.
In all enclosed places that are open to the general public, private
workplaces and other places not covered under the preceding section,
where smoking may expose a person other than the smoker to tobacco
smoke, the owner, proprietor, operator, possessor, manager or
administrator of such places shall establish smoking and non-smoking
areas. Such areas may include a designated smoking area within the
building, which may be in an open space or separate area with proper
ventilation, but shall not be located within the same room that has been
designated as a non-smoking area.

All designated smoking areas shall have at least one (1) legible and visible
sign posted, namely “SMOKING AREA” for the information and guidance of
all concerned. In addition, the sign or notice posted shall include a
warning about the health effects of direct or secondhand exposure to
tobacco smoke. Non-Smoking areas shall likewise have at least one (1)
legible and visible sign, namely: “NON-SMOKING AREA” or “NO SMOKING.”
SECTION 32. Penalties

Violation of Sections 5 and 6.—On the first offense, a fine of not less
than Five hundred pesos (Php500.00) but not more than One
thousand pesos (Php1,000.00) shall be imposed.

On the second offense, a fine of not less than One thousand pesos
(Php1,000.00) but not more than Five thousand pesos (Php5,000.00)
shall be imposed.

On the third offense, in addition to a fine of not less than Five

thousand pesos (Php5,000.00) but not more than Ten thousand pesos
(Php10,000.00), the business permits and licenses to operate shall be
cancelled or revoked.
Providing for the Establishment of Smoke-
Free Environments in Public and Enclosed
Spaces (Executive Order No. 26)
Prohibited Act
End of Presentation