HOUSE OF REPRESENTATIVES

RECEIVED

97 JL 2018

DATE:~ 1 L 2018

REPUBLIC OF THE PHILIPPINES . I

House of Representatives vse: PT

Quezon City BY: kK
SEVENTEENTH CONGRESS REGISTRATION UNIT
1st Regular Session BULLS AND INDEX SERVICE
nouseeitino.82?

Introduced by Congressman Alfredo D. Vargas III

EXPLANATORY NOTE

Filipinos in Metro Manila are highly vulnerable to developing cardiovascular
illnesses and respiratory diseases due to the worsening air quality in the region. According
to the partial report of the National Emissions Inventory, 85% of air pollution in the
National Capital Region comes from vehicles?. While the Philippines has enacted laws to
attain clean and healthy air quality, further policy review is still needed as these statutes
have proven to be inadequate in solving the country’s air pollution problem.

This bill seeks to amend the Philippine Clean Air Act of 1999. The current version
penalizes the drivers and operators of motor vehicles in violation of the emission
standards. These motor vehicles are mostly comprised of trucks and public utility vehicles.
It can be assumed that the drivers of public utility vehicles are just employees of the
owners and do not necessarily have the proper means and control over major repairs of the
vehicles. With the driver held liable, owners are not compelled to make the necessary
vehicle repairs or part replacements in order to comply with the emission standards.
Therefore, the problem of smoke belching is not effectively addressed.

Thus, this bill proposes to transfer the liability for smoke belching from the driver
and operator of the vehicle to the owner.

In view of the foregoing, passage of this measure is earnestly sought.

LFREQO D. VARGAS III

* Macas, Trisha. 2015. Metro Manila’s air quality even worse this year. GMA News Online. Retrieved from:
http://www gmanetwork.com /news/story/509142/lifestyle/healthandwellness/metro-manila-s-ar-quality-even-
worse-this-year-data [November 09, 2015]/



REPUBLIC OF THE PHILIPPINES
House of Representatives
Quezon City

SEVENTEENTH CONGRESS
1ST Regular Session

1827

HOUSE BILL NO.

Introduced by Congressman Alfredo D. Vargas III

AN ACT
AMENDING SECTION 46 OF REPUBLIC ACT NO. 8749 OTHERWISE KNOWN
AS THE “PHILIPPINE CLEAN AIR ACT OF 1999” TO SHIFT LIABILITY FOR
SMOKE BELCHING FROM THE DRIVER TO THE OWNER OF THE MOTOR
VEHICLE

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

SECTION 1. Section 46 of Republic Act No. 8749, otherwise known as the
“Philippine Clean Air Act of 1999” is hereby amended to read as follows:

Section 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
Section 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 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, OWNER OF THE APPREHENDED VEHICLE
SHALL UNDERGO A SEMINAR ON POLLUTION CONTROL AND
MANAGEMENT CONDUCTED BY THE DOTC AND SHALL ALSO
SUFFER A PENALTY OF ONE (1) YEAR SUSPENSION OF THE
MOTOR VEHICLE REGISTRATION (MVR) AND A FINE OF TEN
THOUSAND PESOS (P10,000,00).

Any violation of the provisions of Section 21 paragraph (4)
with regard to national inspection and maintenance program,
including technicians and facility compliance shall be 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.

SECTION 2. Repealing Clause. - Any law presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or is inconsistent with the provision of this Act is hereby repealed,
modified, or amended accordingly.

SECTION 3. Effectivity Clause, - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,