M a n i l a
PRESIDENTIAL DECREE No. 1181
PROVIDING FOR THE PREVENTION, CONTROL AND ABATEMENT OF AIR POLLUTION FROM MOTOR VEHICLES AND FOR OTHER PURPOSES
WHEREAS, the increasing use of motor vehicles is fast becoming a major source of the growth in the amount and complexity of air pollution in the country, particularly in urban areas;
WHEREAS, this phenomenon is best exemplified by the emission of carbon monoxide, particulates, sulfur dioxide and other associated pollutants from about 400,000 registered vehicles of all types in the Metro Manila amounting to some 4,000 metric tons a day, which accounts for over 75 per cent of the total air pollution in the area;
WHEREAS, such air pollution poses mounting dangers to public health and welfare, damage to and deterioration of property, the hazards to land transportation; and
WHEREAS, it is necessary to take immediate action and institute appropriate measures to regulate the emission of air pollutants from motor vehicles a hitherto uncontrolled major source of air pollution.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree the following:
Section 1. It is the purpose of this Decree to prevent, control, and abate the emission of air pollution from motor vehicles in order to protect the health and welfare of the people and to prevent or minimize damage to property and hazards to land transportation.
DEFINITION OF TERMS
Section 2. When used in this Decree, the following terms shall, unless the context otherwise indicates, have meanings respectively assigned to them:
(a) "Motor Vehicle" Any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transporting of property or goods on a public highway or street opened to public use.
(b) "Air Pollutant" Any harmful or undesirable matter emitted in the atmosphere, including smoke, soot, solid particles of any kind, undesirable gases, fumes and obnoxious odors.
(c) "Pollution Control Device" Any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from motor vehicles at levels within the air pollution control standards established by the national Pollution Control Commission.
(d) "Owner or Operator" Any person who owns, leases, controls or operates a motor vehicle.
(e) "Regulations" Any rule or regulation promulgated under this Decree.
Section 3. It shall be unlawful for any owner or operator of a motor vehicle to allow it to discharge air pollutants at level greater than the acceptable pollutant concentration standards prescribed by the National Pollution Control Commission with respect to the class of motor vehicles to which said motor vehicle belongs.
Section 4. The owner or operator of a motor vehicle shall not use his vehicle or cause or allow it to be used unless such motor vehicle meets the established emission standards.
Section 5. No imported or locally manufactured motor vehicle shall be sold, registered or operated after the date of effectivity of the implementing rules and regulations of this decree unless it meets the established emission standards as certified by the National Pollution Control Commission.
POLLUTION CONTROL DEVICES
Section 6. The owner or operator of a motor vehicle that does not meet the established emission standards shall be required to install in his motor vehicle of whatever type or model any appropriate pollution control device or devices of his own choice which meet specifications set forth by the National Pollution Control commission in accordance with the implementing rules and regulations of this Decree.
RULES AND REGUALTIONS:
FORMULATION AND IMPLEMENTATION
Section 7. The National Pollution Control Commission, in cooperation with the National Science Development Board, Department of Energy, Department of Industry, and Land Transportation Commission, shall promulgate rules and regulations for appropriate control measures to implement and attain the objectives of this Decree, which shall include but shall not be confined to the following: (1) establishment of maximum allowable emission of specific air pollutants for all classes, types or models of motor vehicles currently registered and for new motor vehicles not yet registered; (2) specifications of the kind of pollution control device(s) which may be required to be installed on such motor vehicles; (3) regulations for the distribution, sale, registration and use of motor vehicles (4) specifications for the correct motor fuels to be used by various types of motor vehicle engines; (5) setting of date or dates of effectivity of certain rules and regulations governing particular subject matter; (6) requirement for the issuance and life of certificate of compliance; and (7) procedure with respect to hearings which shall not be bound by technical rules of evidence.
Sec. 8. The National Pollution Control Commission, in coordination with the Land Transportation Commission, the Board of Transportation and other traffic enforcement authorities, shall ensure the implementation and vigorous enforcement of this Decree and its implementing rules and regulations.
Section 9. The National Pollution Control Commission, in consultation with the Land Transportation Commission, Board of Transportation, Philippine Constabulary/Integrated National Police, Department of Local Government and Community Development, and in coordination and cooperation with the traffic enforcement agencies, may, under certain circumstances, prohibit or enjoin in writing, the use of motor vehicles or any specified class of motor vehicles in any area or street at all times, or during particular times, as may be so specified in order to protect human health and public welfare and to ensure compliance with the established national ambient air quality standards.
Section 10. The National Pollution Control Commission shall coordinate with the Land Transportation Commission, Board of Transportation and other enforcement agencies involved in traffic and transport management for the prevention, control and abatement of air pollution in traffic-conjected areas.
Section 11. The National Pollution Control Commission, in consultation with the Land Transportation Commission and the Board of Transportation, shall be responsible for the inspection of motor vehicles and their testing for the purpose of determining the concentration and/or rate of emission of air pollutants emitted by them; the correct installation, maintenance and operation of any or all pollution control devices; and for recommending withholding, or suspension of, the registration of any vehicle which does not comply with the regulations. It shall also be responsible for the establishment and operation of a sufficient number of centers where such inspections and testing may be effectively carried out and appropriate certificates of compliance issued.
Section 12. It shall be the joint responsibility of the Land Transportation Commission, Board of Transportation, the Department of Public Information, and the National Media Production Center, to conduct a continuing public information campaign exhorting the owners or operators of motor vehicles to regularly maintain, adjust, and operate their vehicles in accordance with the manufacturer's recommendation contained in the vehicles operating manual, and the drivers to properly operate the motor vehicles with particular caution against overloading vehicles or overfuelling the engines when starting from cold or during acceleration, and to inform the public of any/other relevant matters, such as engine and other modification measures which may be adopted in order to minimize air pollution and in the interest of energy conservation.
Section 13. All cases involving violations of this decree and/or its implementing rules and regulations shall be reported to or file with the National Pollution Control Commission by any person or by its deputized agents for hearing; provided, that report of the latter shall be made immediately, not later than 24 hours from the time of knowledge of the violation. The hearing officer duly designated by the Commissioner of the National Pollution Control Commission shall have the authority to decide the case and impose the penalties prescribed in this decree. His decision shall become final and executory if no appeal is taken therefrom to the Commissioner within fifteen (15) days from notice of the decision. The decision of the Commissioner shall be final.
Section 14. Any person violating this decree and/or its implementing rules and regulations involving the same vehicle shall, for the first offense, be liable to a fine of not exceeding P200.00; for the second offense, to a fine of not exceeding P500.00; and for the third and succeeding offense to a fine of not exceeding P1,000.00 plus the suspension of his vehicle's certificate of registration, until such time as he shall have complied with the requirements of the regulations.
Section 15. The sum of fifteen (15) million pesos is hereby appropriated yearly out of any funds in the National Treasury for the operating expenses of the National Pollution Control Commission in connection with the enforcement of this Decree and its implementing rules and regulations as well as the operations of the Centers.
Section 16. Any provision of law, presidential decree, executive order, rules and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby repealed and/or modified accordingly.
Section 17. This decree shall take effect immediately.
Done in the City of Manila, this 19th day of August in the year of Our Lord, nineteen hundred and seventy-seven.
The Lawphil Project - Arellano Law Foundation