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Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

611

Introduced by Honorable Mar-Len Abi;

EXPLANATORY NOTE

There is hardly any doubt that the current financial crisis has greatly affected a majority
of countries. While the crisis has yet to be fully felt in the Philippines, the government must stay
ahead of the curve and immediately implement programs that would cut unnecessary
expenditures; thereby, ensuring that the meager government resources will be fully utilized to
minimize the impact of the inevitable effects of the global financial crisis.

At present, millions of pesos are currently being spent by local government units (LGUs)
to pay private companies for conducting emission tests on vehicles owned by the LGUs even if
the latter have the similar, if not better, emission testing devices. The prohibition on the LGUs to
conduct the emission testing on its own vehicles appears to be predicated on the current
interpretation of Section 21(b) of Republic Act No. 8749 (RA 8749), wherein it is claimed that:
(i) the LGUs may only be deputized by the Department of Transportation and Communication
(DOTC) to enforce compliance with the emission standards for motor vehicles set by the
Department of Environment and Natural Resources (DENR); and (ii) the authority to conduct
emission tests is limited to the authorized private emission testing centers duly accredited by the
Department of Trade and Industry (DTI).

It is, therefore, submitted that RA 8749 be amended in order to avoid the LGUs’
unnecessary expenditures in engaging private emission testing centers even if it is more than
capable of performing such tests on its own vehicles. Under the proposed amendment, LGU’s
and other government departments or agencies that have the appropriate emission testing devices
may be duly authorized by the DOTC and accredited by the DTI to perform emission tests on
their vehicles. The savings of the LGUs on emission testing of its own vehicles may thus be used
for other projects, such as, but not limited to, job creation and livelihood projects for their
constituents.

In view of the foregoing, I enjoin other members of the 16" Congress to consider and
approve this measure with urgency.

1.
wantin S. BINAY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House Bill No.

Introduced by Honorable Mar-Len Abigail S. Binay

AN ACT.
AMENDING SECTION 21 OF REPUBLIC ACT NO, 8749, OTHERWISE KNOWN AS
THE CLEAN AIR ACT, AND FOR OTHER PURPOSES

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

SECTION 1, Section 1 of Republic Act No. 8749 is hereby amended to read as follows:

“b) The Department, in collaboration with the DOTC, DTI and LGU,
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 emission testing centers, LGUs
and other government departments or agencies duly accredited
by the DTI

1. 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
emission of pollutants discharged by said sources.

2. 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,
LGUs and other government departments or agencies, 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 fuel management systems for the effective implementation of the
inspection and maintenance program.”


SECTION 2. Repealing Clause. - All laws, decrees, executive orders, and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or
modified accordingly.

SECTION 3. Separability Clause. - If, for any reason, any section or provision of this
‘Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be
affected and thereby remain in full force and effect.

SECTION 6. Effectivity Clause. - This Acf shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.

Approved.