Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARIÑO 
5th District, Batangas 
AN ACT AMENDING SECTION 46 OF REPUBLIC ACT 8749, 
OTHERWISE KNOWN AS THE PHILIPPINE CLEAN AIR ACT OF 
1999 
EXPLANATORY NOTE 
The 1987 Constitution provides that 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. Smoke belching is one of the sources of air pollution. In fact, a 2014 
Environment and Hazard Risk Reduction Study conducted by the Japan International 
Cooperation Agency (JICA) and the National Economic and Development Authority 
(NEDA) focused on air pollution from mobile sources. The Philippine National 
Emission Inventory in 2008 showed that 65% of the total emission comes from mobile 
sources.  
At present, the only law we have to curb the proliferation of smoke belching 
vehicles in our roads is thru the roadside inspection system conducted by the 
Department of Transportation and its deputized agents as mandated in the Clean Air 
Act. This “checkpoint” method has been in use for several years, but has produced no 
noticeable reduction in pollution. The incredibly small scale of the program renders the 
approach nearly useless against the huge number of smoke-belching vehicles on Metro 
Manila roads. It is also a major cause of traffic in the main roads and has been abused 
and become a source of corruption. Another approach is needed to replace the existing 
procedure which has become inefficient and non-productive. 
For example, in the United States, they adopted a policy where the traffic enforcer 
issues drivers of smoke-belching vehicles a traffic citation for a “corrective violation,” 
typically issued for violations involving repairable vehicle equipment. Upon receipt of 
the ticket, the violator has a window of time in which to correct the violation (i.e. to get 
the vehicle repaired). Before the end of that grace period, the owner must present the 
vehicle at an accredited testing center for actual chemical analysis (using the standard 
emission-testing device). 
If, after testing, the vehicle is found to be in compliance (regardless of whether it 
has been repaired or if it was not in violation all along), the citation is voided and no 
penalty assessed. If the vehicle is found to still be in violation after testing, the citation 
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12:25 pm
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remains valid and appropriate penalties are applied. In addition, if a violator fails to 
present his vehicle for testing within the allowed period, the citation also remains valid. 
There is no second chance for no-shows.1 
This measure proposes to adopt the same practice here in the Philippines. With this 
measure, all deputized traffic enforcers are authorized to issue citations to the operators 
of smoke-belching vehicles. Probable cause for issuing the citation is based, not on 
chemical analysis, but rather on the subjective assessment that any vehicle which emits 
visible exhaust can be reasonably assumed to be not in proper working order. The 
enforcer uses visual observation as justification for stopping a suspect vehicle. 
This bill seeks to amend certain provisions of the Clean Air Act in order for the 
government to be more efficient in curbing the use of smoke belching vehicles, the 
emissions of which contribute to the poor air quality in our urban centers, contrary to 
the goals of the Clean Air Act. Another objective of this proposed measure is not only 
to catch violators per se but to ensure that only properly maintained vehicles (i.e. those 
that do not belch smoke) are allowed to operate on the roadways. When a vehicle falls 
below that standard, it must be identified and the owner shall be required to make the 
necessary repairs. 
With this proposed measure, the owner of the smoke belching vehicle is not 
automatically penalized but is given the chance to rectify or repair their vehicle so as to 
make it emission compliant. Only after their failure to do so are the penalties imposed. 
Another salient feature of the measure is the discontinuance of the practice of 
conducting roadside inspections on smoke belching vehicles. Moreover, discontinuing 
this practice also prevents the erring motorist from being unduly inconvenienced and 
takes into consideration the safety of the motorist, as on the roadside, the motorist may 
feel threatened, coerced and anxious over his or her safety. Lastly, for erring vehicles, 
the liability of shouldering the penalties and making said vehicle smoke emission 
compliant is transferred to the owner or operator of the vehicle(s) in question. 
In view of the foregoing, immediate passage of this bill is earnestly requested. 
MARIO VITTORIO “MARVEY” A. MARIÑO 
1 http://www.investphilippines.info/arangkada/the-corrective-violation-ticket-a-realistic-approach-to-smoke-belching/ 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARIÑO 
5th District, Batangas 
AN ACT AMENDING SECTION 46 OF REPUBLIC ACT 8749, 
OTHERWISE KNOWN AS THE PHILIPPINE CLEAN AIR ACT OF 
1999 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Visible Smoke Control 
Act of 2017”. 
SECTION 2. Section 46 of Republic Act No. 8749 is hereby amended to read as 
follows: 
Section 46. Violation of Standards for Motor Vehicles. – xxx 
Any vehicle found to be in of violation of emission standards through visual signs, 
such as, but not limited to smoke-belching, which is the emission of visible smoke from 
the tailpipe of a moving or a non-moving vehicle with a running engine, shall be cause 
for apprehension and the issuance of a “corrective violation” citation or ticket by the 
Department of Transportation (DOTr) or its deputized representatives. The practice of 
establishing roadside inspection system by any traffic enforcement unit or LGU is 
hereby discontinued. 
Upon receipt of citation or ticket, the vehicle owner is given ten (10) days in which 
to correct the violation. Before the end of that grace period, the owner must present the 
vehicle at a duly accredited emission testing center for an emission test. 
If, after testing, the vehicle is found to be in compliance (regardless of whether it 
has been repaired or if it was not in violation all along), the owner of the vehicle shall 
submit the passing certification issued by the emission testing center to the nearest LTO 
office to have the citation voided. No offense will be charged and no penalty will be 
assessed against the owner of the vehicle. Emission testing will be charged to the owner 
of the vehicle. 
If the vehicle is found to still be in violation after testing, the emission testing center 
will flag the motor vehicle’s records so as to inform the LTO of the failed result. The 
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citation therefore remains valid, the owner or operator of vehicle is charged with his or 
her 1st Offense and the appropriate penalties are applied. In addition, if a violator fails 
to present his vehicle for testing within the allowed period, the citation also remains 
valid. 
  
If the same vehicle is apprehended for the same reason but at another time and 
place, the same procedure shall apply but shall count as the 2nd Offense, so on and so 
forth. 
In addition, the owner of the apprehended vehicle shall undergo a seminar on 
pollution control management conducted by the DOTR and shall also suffer the 
following penalties for non-compliance: 
 
a. First Offense – a fine of Ten Thousand Pesos (P 10,000.00); 
b. Second Offense – a fine Twenty Thousand Pesos (P20,000.00); and 
c. Third offense upwards – One (1) year suspension of the Motor Vehicle 
Registration (MVR) and a fine of Thirty Thousand Pesos (P30,000.00) 
 
Private Motor Vehicle Inspection Centers (PMVICs) or Emission Testing Centers 
found to have falsified Emission Testing Certificates or Reports shall be penalized 
according to applicable laws and their accreditation with the Department of 
Transportation revoked. 
 
xxx 
 
SECTION 2. Repealing Clause. – All laws, decrees, orders, issuance, rules and   
regulations inconsistent herewith are hereby repealed or modified accordingly. 
 
SECTION 3. 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. 
 
 
Approved,