REPUBLIC ACT No.

3931
AN ACT CREATING THE NATIONAL WATER AND AIR POLLUTION CONTROL COMMISSION.
Section 1. Statement of Policy. It is hereby declared a national policy to maintain reasonable standards of
purity for the waters and air of this country with their utilization for domestic, agricultural, industrial and
other legitimate purposes.
Section 2. Definitions. As used in this Act:
(a) "Pollution" means such alteration of the physical, chemical and/or biological properties of any
water and/or atmospheric air of the Philippines, or any such discharge of any liquid, gaseous or
solid substance into any of the waters and/or atmospheric air of the country as will or is likely to
create or render such waters and/or atmospheric air harmful or detrimental or injurious to public
health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other
legitimate uses, or to livestock, wild animals, birds, fish or other aquatic life.
(b) "Sewage" means the water-carried human or animal wastes from residences, buildings,
industrial establishments, or other places, together with such water infiltration and surface water as
may be present. The admixture of sewage as above defined and industrial wastes or other wastes
as hereafter defined, shall be considered "sewage".
(c) "Industrial waste" means any liquid, gaseous or solid matter, or other waste substance or a
combination thereof resulting from any process of industry, manufacturing trade or business or
from the development, processing or recovery of any natural resources.
(d) "Other waste" means garbage, refuse, wood residues, sand, lime, cinders, ashes, offal, nightoil, tar, dye stuffs, acids, chemicals, and other substances not sewage or industrial waste which
may cause or tend to cause pollution, or contribute to the pollution of the waters and/or
atmospheric air of the Philippines.
(e) "Sewage system or sewerage system" means pipe lines or conduits, pumping stations, force
mains, constructed drainage ditches, and all other construction, devices, and appurtenances used
for collecting or conducting sewage, and industrial waste or other wastes to a point of ultimate
disposal or discharge.
(f) "Treatment works" means any methods, construction, device or appliances appurtenant thereto,
installed for the purpose of treating neutralizing, stabilizing, disinfecting, or disposing of sewage,
industrial waste or other wastes, or for the recovery of by-product from such sewage, industrial
waste or other wastes.
(g) "Sewage works" means individually or collectively those constructions or devices used for
collecting pumping, treating, and disposing of sewage, industrial waste or other wastes, or for the
recovery of by-products from such sewage, industrial waste or other wastes.
(h) "Outlet" means the terminus of a sewage works or point of emergence into the waters and/or
atmospheric air of the Philippines of any sewage, industrial waste or other wastes.
(i) "Waters of the Philippines" means all accumulations of water, surface and underground water,
natural or artificial, public or private or parts thereof, which are within the Philippines or within its
jurisdiction.
(j) "Atmospheric air of the Philippines" means the air within the Philippines or within its jurisdiction.

(k) "Person" or "Persons" means any individual public or private corporation, political subdivision,
government agency, municipality, public or private institution, industry, co-partnership, association,
firms, trust, or any other entity whatsoever.
(l) "Stream standard" or stream standards" means such measure of purity or quality for any waters
in the Philippines in relation to their reasonable and necessary use.
(m) "Commission" means the National Water and Air Pollution Control Commission.
Section 3. Creation of the National Water and Air Pollution Control Commission; members; compensation;
advisory council. There is hereby created and established in the Office of the President of the Philippines,
the National Water and Air Pollution Control Commission, with permanent office in the City of Manila. The
Commission shall be composed of the Chairman of the National Science Development Board, as chairman,
and, as members, four part-time commissioners, one of whom shall be an officer of the Department of
Health who shall be designated by the Secretary of Health; another shall be an officer of the Department of
Agriculture and National Resources, who shall be designated by the Secretary of Agriculture and Natural
Resources; and the remaining two shall be representatives of the private sector who shall be appointed by
the President of the Philippines with the consent of the Commission on Appointments, one upon
recommendation of the Philippine Council of Science and Technology, and the other upon the
recommendation of the Chamber of Industries of the Philippines; and two full-time commissioners who shall
likewise be appointed by the President of the Philippines, with the consent of the Commission on
Appointments. One of the full-time commissioners shall be a sanitary engineer; and the other a lawyer.
Both shall beat least thirty five-years of age and shall each have had at least ten years experience in the
practice of his profession.
The two part-time commissioners representing the private sector and the two full-time commissioners shall
serve for four years and until their successors shall have been appointed and qualified. They may not be
removed except for cause. Upon the death, resignation or removal of any of them, the President shall
appoint a qualified person to fill the vacancy for his unexpired term.
The chairman and members of the Commission, except the full-time commissioners, shall receive no
compensation for their services, but they shall receive per diems of fifty pesos each per meeting plus the
necessary traveling expenses incurred in the discharged of their duties as members of the Commission.
The two full-time members shall each receive a yearly compensation of eighteen thousand pesos. They
shall also receive traveling expenses incurred in the discharge of their duties as commissioners.
Section 4. Organization of the Commission; its offices; cooperation with other agencies; acceptance of
donations. The President of the Philippines shall organize the Commission within thirty days after the
approval of this Act.
The Technical Secretary of the Commission shall be appointed by the Commission. He shall be a sanitary
engineer with at least five years experience in the technical and administrative fields of engineering. He
shall be the active administrator of all water and air pollution control activities of the Commission. The
Technical Secretary shall, during the interim between meetings of the Commission, handle such
correspondence, make or arrange for such inspections and investigations, and obtain, assemble or prepare
such reports and data as the Commission may direct or authorize. His compensation shall be determined
by the Commission.
The Commission shall provide such technical scientific or other services, including the necessary
laboratory and other facilities as may be required for the purpose of carrying out the provisions of this Act.
The basic personnel necessary to carry out the provisions of this Act shall be engineers, chemists, biochemists, physicists, and other technicians: Provided, That the Commission may, by agreement, secure
such services as it may deem necessary from other agencies of the National Government, and may make
arrangements for the compensation of such services. The Commission may also employ and compensate,
within appropriations available therefor, such consultants, experts, advisors, or assistants on a full or parttime basis as may be necessary, coming from government or private business entities, associations, or

from local or foreign organizations, to carry out the provision of this Act and may prescribe their powers,
duties, and responsibilities.
The Commission may conduct scientific experiments, investigations and research to discover economical
and practical methods of preventing water and air pollutions. To this end, the Commission may corporate
with any public or private agency in the conduct of such experiments, investigations and research and may
accept, and receipt for such money for and in behalf of the National Government, given by any
international, national or other public or private agency for water and air pollution control activities, surveys
or programmes: Provided, That sums of money shall be used only for the purpose for which they are
contributed and any balance remaining after the conclusion of experiments, investigations and research
shall be returned to the contributors. The Commission is authorized to promulgate such rules and
regulations or enter into contracts as it may deem necessary for carrying out the provisions of this Act.
Section 5. Meeting of the Commission, quorum. The Commission shall meet as often as necessary to
carry into effect the provisions of this Act and at times and places to be designated by the Chairman of the
Commission, and shall keep a complete record of the meetings which shall be kept on file in the office of
the Technical Secretary, and shall determine the rules of its own proceedings. Meetings may be called by
the chairman upon his own initiative or upon the written request of two or more members of the
Commission. Written notice of the time and place of such meetings shall be delivered to the office of each
member of the Commission and the Technical Secretary. Four members of the Commission shall constitute
a quorum to transact the business of the Commission: Provided, however, That the concurrence of the
majority of all the members of the Commission shall be necessary to exercise the powers and duties
enumerated in Section six of this Act and to render any order, judgment or decision in the proceedings
referred to in section seven and eight hereof.
Section 6. Powers and duties. (a) The commission is hereby authorized to:
1. Determine if pollution exists in any of the waters and/or atmospheric air of the Philippines.
Findings of the Commission regarding the existence of pollution shall be filed on record in the
office of the Commission.
2. Adopt, prescribe, and promulgate rules and regulations governing the procedures of the
Commission with respect to hearings; the methods and manner under which plans, specifications,
designs, or other data relative thereto shall be submitted for sewage works and industrial wastes
disposal systems or for addition or change to or extensions of such work; the filing of reports; the
issuance of permits; and such other reasonable rules and regulations as may be necessary from
time to time in the proper implementation and enforcement of this Act.
3. Hold public hearings, receive pertinent and relevant proofs from any party in interest who
appear before the Commission, make findings of facts and determinations, all with respect to the
violations of this Act or orders issued by the Commission.
4. Make, alter or modify orders requiring the discontinuance of pollution of the waters and/or
atmospheric air of the Philippines due to the discharge of sewage, industrial wastes or other
wastes and specifying the conditions and the time within which such discontinuance must be
accomplished.
5. Institute or cause to be instituted in a court of competent jurisdiction legal proceedings to compel
compliance with the provisions of this Act.
6. Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for
the prevention and abatement of pollution, for the discharge of sewage, industrial wastes or other
wastes, or for the installation or operation of sewage works and industrial disposal systems, or
parts thereof, except that no permits shall be required of any new sewage, works or changes to or
extensions of existing works that discharge only domestic or sanitary wastes from a single
residential building housing or occupied by twenty pesos or less: Provided, however, That
applications for the issuance or renewal of permits required under this Act shall be filed with and

decided by the city engineer or district engineer of the city or province from which the discharge of
industrial or other wastes shall originate, in accordance with rules, regulations and standards to be
issued by the Commission. In case of doubt, the city or district engineer shall consult with the
Commission before issuing, renewing, or denying the permit applied for; and any decision of the
city or district engineer may be appealed by the applicant or by any resident of the place who may
be affected by the discharge of waste to the Commission, under such rules and regulations as the
Commission shall issue for such appeals.
7. After due notice and hearing, revoke suspend or modify any permit issued under this Act,
whenever modifications are necessary to prevent or abate pollution of any water and/or
atmospheric air of the Philippines.
8. Cause such investigation to be made as it may deem advisable and necessary for the discharge
of its duties under this Act.
9. Settle or compromise any dispute arising out of the implementation and enforcement of the
second paragraph of Section ten of this Act as it may seem advantageous to the public interest.
10. Perform such other duties as may be necessary to carry out effectively the duties and
responsibilities prescribed in this Act.
(b) The Commission shall have the following duties and responsibilities:
1. To encourage voluntary cooperation by the people, municipalities, industries, associations,
agriculture and representatives of other pursuits in the proper utilization and conservation of the
waters and/or atmospheric air of the Philippines.
2. To encourage the formation and organization of cooperative groups or associations in
municipalities, industries, enterprises and other users of the waters who severally and jointly are or
may be the source of pollution of the same waters, the purpose of which shall be to provide a
medium to discuss and formulate plans for the prevention and abatement of pollution.
3. To serve as arbitrator for the determination of reparations involved in the damages and losses
resulting from the pollution of the waters and/or air in the Philippines.
4. To devise, consult, participate, cooperate and enter into agreements with other agencies of the
government, and with affected political groups, political subdivisions, and enterprises in the
furtherance of the purpose of this Act. This particularly refers to such cooperative agreements with
the various provincial and municipal governments in securing their assistance in carrying out the
provisions of this Act.
5. To prepare and develop a comprehensive plan for the abatement of existing pollution and
prevention of new and/or imminent pollution of the waters and/or atmospheric air of the
Philippines.
6. To issue standards, rules and regulations to govern city and district engineers in the approval of
plans and specifications for sewage works and industrial wastes disposal systems and in the
issuance of permits in accordance with the provisions of this Act, and to inspect the construction
and maintenance of sewage works and industrial wastes disposal system for compliance of the
approved plans.
7. To collect and disseminate information relating to water and atmosphere pollution and the
prevention, abatement and control thereof.
8. To authorize its representatives to enter at all reasonable times in or upon any property of the
public dominion and private property devoted to industrial, manufacturing, processing or

commercial use without doing damages, for the purpose of inspecting and investigating conditions
relating to pollution or the possible or imminent pollution of any waters or atmospheric air of the
Philippines.
Section 7. Public Hearings. Public hearings shall be conducted by the Commission in connection with and
prior to action by the said Commission on the following cases:
(a) Any order or findings of the Commission requiring the discontinuance of discharge of sewage,
industrial wastes or other wastes into the waters or atmospheric air of the Philippines as provided
for in this Act.
(b) Any order denying, revoking or modifying a permit as provided by this Act.
The hearing herein provided may be conducted by the Commission itself at a meeting of the Commission,
or the Commission may delegate to any member, or to the Technical Secretary the power and authority to
conduct such hearings in the name of the Commission at any time and place. In such hearings, any
member of the Commission, or the Technical Secretary may issue in the name of the Commission, notices
of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant
to any matter involved in any such hearing, and may examine such witnesses. All stenographic transcript of
the proceedings of said hearings shall be taken and filed with the Commission.
Section 8. Proceedings before the Commission. The Commission may, on its own motion, or upon the
request of any person, investigate or may inquire, in a manner to be determined by it, as to any alleged act
of pollution or the omission or failure to comply with any provisions of this Act or any order of this
Commission.
Whenever it appears to the Commission, after investigation, that there has been a violation of any of the
provisions of this Act or any order of the Commission, it may order whoever causes such violation to show
cause before said Commission why such discharge of industrial wastes or any waste should not be
discounted. A notice shall be served on the offending party directing him or it to show cause before the
Commission, on a date specified in such notice, why an order should not be made directing the
discontinuance of such violation. Such notice shall specify the time and the place where a public hearing
will be held by the Commission or its authorized representatives, and notice of such hearing shall be
served personally or by registered mail, at least ten days before said hearing; and in the case of a
municipality or corporation such notice shall be served upon the mayor or president thereof. The
Commission shall take evidence with reference to said matter and may issue an order to the party
responsible for such violation, directing that within a specified period of time thereafter, such violation be
discontinued unless adequate sewage works or industrial wastes disposal system be properly operated to
prevent further damage or pollution.
No investigation being conducted or ruling made by the Commission shall prejudice any action which may
be filed in court by any person in accordance with the provisions of the New Civil Code on nuisance. On
matters, however, not related to nuisance, no court action shall be initiated until the Commission shall have
finally ruled thereon and no order of the Commission discontinuing the discharge of waste shall be stayed
by the filing of said court action, unless the court issues an injunction as provided for in this Rules of Court.
Section 9. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the water and/or
atmospheric air of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to see or
otherwise dispose into such waters or atmospheric air, any organic or inorganic matter or any substance in
gaseous or liquid form that shall cause pollution of such waters or atmospheric air.
No person shall perform any of the following activities without first securing a permit from the city or district
engineer for the discharge of all industrial wastes and other wastes which are or may be discharged into
the waters or atmospheric air of the Philippines, which could cause pollution thereof:
(1) the construction, installation, modification or operation of any sewage works or any extension
or addition thereto;

(2) the increase in volume or strength of any wastes in excess of the permissive discharge
specified under any existing permit;
(3) the construction, installation, or operation of any industrial or commercial establishments or any
extension or modification thereof or addition thereto, the operation of which would cause an
increase in the discharge of wastes directly into the waters or atmospheric air of the Philippines or
would otherwise alter the physical, chemical or biological properties of any waters or atmospheric
air of the Philippines in any manner not already lawfully authorized;
(4) the construction or use of any new outlet for the discharge of any waste, gaseous or liquid,
directly into the waters or atmospheric air of the Philippines.
Section 10. Penalties. Any person who shall violate any of the provisions of Section nine of this Act or who
violates any order of the Commission, shall be liable to a penalty of not to exceed fifty pesos for each day
during which the violation continues, or by imprisonment of from two years to six years, or by both fine and
imprisonment and in addition such person may be required or enjoined from continuing such violation as
hereinafter provided.
Any person who violates any of the provisions of, or fails to perform any duty imposed by this Act, or who
violates and order or other determination of the Commission promulgated pursuant to this Act, thereby
causing the death of fish or other aquatic life, or damages or destroys the natural habitat necessary for the
propagation of fish or other aquatic life, shall in addition to the penalty above prescribed, be liable to pay
the government for damages for fish or other aquatic life destroyed. The Commission after consultation
with fishery officials of the Department of Agriculture and Natural Resources shall, through a court of
competent jurisdiction, bring an action against such person and recover the reasonable value of the fish or
other aquatic life and/or habitat destroyed by such pollution. Any amount so recovered shall be placed in
the funds made available to the Fisheries Commission.
Section 11. Jurisdiction. The Commission shall have no jurisdiction over waterworks or sewage systems
operated by the NAWASA but rules and regulations issued by the Commission for the protection and
prevention of pollution of the atmospheric air and water of the Philippines under the authority herein
granted shall supersede and prevail over any rules or regulations as may heretofore have been issued by
the NAWASA or by the Department of Health on the same subject matter.
Section 12. Appropriation. The sum of one million five hundred thousand pesos or so much thereof as may
be necessary is hereby authorized to be appropriated yearly for the operating expenses of the Commission
as additional appropriation to the yearly budget of the Office of the President of the Philippines.
Section 13. Repealing clause. Any Act or parts of Acts inconsistent with the provisions of this Act are
hereby repealed, without prejudice to the provisions of Republic Act Numbered Thirteen hundred seventyeight.
Section 14. Effectivity. This Act shall take effect upon its approval.
Approved: June 18, 1964

Republic Act No. 8749

June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Chapter 1
General Provisions
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999."
Section 2. Declaration of Principles. - 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.
The State shall promote and protect the global environment to attain sustainable development while
recognizing the primary responsibility of local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily areabased.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good of all and should,
therefore, be the concern of all.
Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and
environmental protection. To achieve this end, the frame work for sustainable development shall be
pursued. It shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution management that shall be implemented by
the government through proper delegation and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and industries through the
application of market-based instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive
management program for air pollution;
(d) Promote public information and education and to encourage the participation of an informed
and active public in air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity. This shall include the setting up of a funding
or guarantee mechanism for clean-up and environmental rehabilitation and compensation for
personal damages.
Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of
citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principles of sustainable
development;
(c) The right to participate in the formulation, planning, implementation and monitoring of
environmental policies and programs and in the decision-making process;
(d) The right to participate in the decision-making process concerning development policies, plans
and programs projects or activities that may have adverse impact on the environment and public
health;

(e) The right to be informed of the nature and extent of the potential hazard of any activity,
undertaking or project and to be served timely notice of any significant rise in the level of pollution
and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;
(f) The right of access to public records which a citizen may need to exercise his or her rights
effectively under this Act;
(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and
to seek the imposition of penal sanctions against violators of environmental laws; and
(h) The right to bring action in court for compensation of personal damages resulting from the
adverse environmental and public health impact of a project or activity.
Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is
detrimental to health or the environment, which includes but not limited to smoke, dust, soot,
cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radio-active
substances;
b) "Air pollution" means any alteration of the physical, chemical and biological properties of the
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is
likely to create or to render the air resources of the country harmful, detrimental, or injurious to
public health, safety or welfare or which will adversely affect their utilization for domestic,
commercial, industrial, agricultural, recreational, or other legitimate purposes;
c) "Ambient air quality guideline values" mean the concentration of air over specified periods
classified as short-term and long-term which are intended to serve as goals or objectives for the
protection of health and/or public welfare. These values shall be used for air quality management
purposes such as determining time trends, evaluating stages of deterioration or enhancement of
the air quality, and in general, used as basis for taking positive action in preventing, controlling, or
abating air pollution;
d) "Ambient air quality" means the general amount of pollution present in a broad area; and refers
to the atmosphere's average purity as distinguished from discharge measurements taken at the
source of pollution;
e) "Certificate of Conformity" means a certificate issued by the Department of Environment and
Natural Resources to a vehicle 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;
f) "Department" means the Department of Environment and Natural Resources;
g) "Eco-profile" means the geographic-based instrument for planners and decision-makers which
present an evaluation of the environmental quality and carrying capacity of an area. It is the result
of the integration of primary and secondary data and information on natural resources and
anthropogenic activities on the land which are evaluated by various environmental risk assessment
and forecasting methodologies that enable the Department to anticipate the type of development
control necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known
source which is passed into the atmosphere;

i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to
induce global warming, which include carbon dioxide, methane, oxides of nitrogen,
chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances which present either: (1) short-term acute
hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin
or eye contact hazard or the risk of fire explosion; or (2) longterm toxicity upon repeated exposure,
carcinogenicity (which in some cases result in acute exposure but with a long latent period),
resistance to detoxification process such as biodegradation, the potential to pollute underground or
surface waters;
k) "Infectious waste" means that portion of medical waste that could transmit an infectious disease;
l) "Medical waste" means the materials generated as a result of patient diagnosis, treatment, or
immunization of human beings or animals;
m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or
other fuel, constructed and operated principally for the conveyance of persons or the transportation
of property goods;
n) "Motor vehicle" means 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 transportation of property or goods in a public highway or street open to public use;
o) "Municipal waste" means the waste materials generated from communities within a specific
locality;
p) "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or
registered with the DOTC or with the appropriate agency or authority, and operated on the
highways of the Philippines, any foreign state or country;
q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics
of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the
Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement,
with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported,
manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such
automotive gasoline which such manufacturer recommends for the efficient operation of such
motor vehicle, or a substantial portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or
otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human
health and the environment such as, but not limited to, chloroflourocarbons, halons and the like;
s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the
environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to
human health and the environment. These compounds resist photolytic, chemical and biological
degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls
(PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane,
toxaphere and chlordane;
t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally accepted standards, including but not limited to the World Health Organization (WHO) guideline
values;
u) "Pollution control device" means any device or apparatus used to prevent, control or abate the
pollution of air caused by emissions from identified pollution sources at levels within the air
pollution control standards established by the Department;
v) "Pollution control technology" means the pollution control devices, production process, fuel
combustion processes or other means that effectively prevent or reduce emissions or effluent;

w) "Standard of performance" means a standard for emissions of air pollutant which reflects the
degree of emission limitation achievable through the application of the best system of emission
reduction, taking into account the cost of achieving such reduction and any non-air quality health
and environmental impact and energy requirement which the Department determines, and
adequately demonstrates; and
x) "Stationary source" means any building or immobile structure, facility or installation which emits
or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
Section 6. Air Quality Monitoring and Information Network. - The Department shall prepare an annual
National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality
Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to
the following:
a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports
of the Departments monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution at the various
levels provided herein;
c) Identification of critical areas, activities, or projects which will need closer monitoring or
regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and
the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and
develop an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air quality.
Section 7. Integrated Air Quality Improvement Framework. - The Department shall within six (6) months
after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and
other concerned entities from the private sector, formulate and implement the Integrated Air Quality
Improvement Framework for a comprehensive air pollution management and control program. The
framework shall, among others, prescribe the emission reduction goals using permissible standards,
control strategies and control measures to undertaken within a specified time period, including costeffective use of economic incentives, management strategies, collective actions, and environmental
education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all
government agencies must comply with to attain and maintain ambient air quality standards.
Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of the framework,
the Department shall, with public participation, formulate and implement an air quality control action plan
consistent with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means or techniques, as
well as schedules and time tables for compliance, as may be necessary or appropriate to meet the
applicable requirements of this Act;

b) Provide for the establishment and operation of appropriate devices, methods, systems and
procedures necessary to monitor, compile and analyze data on ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the measures described in
subparagraph [a]; (2) regulation of the modification and construction of any stationary source
within the areas covered by the plan, in accordance with land use policy to ensure that ambient air
quality standards are achieved;
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or
other types of emissions activity within the country from emitting any air pollutant in amounts which
will significantly contribute to the non-attainment or will interfere with the maintenance by the
Department of any such ambient air quality standard required to be included in the implementation
plan to prevent significant deterioration of air quality or to protect visibility;
e) Include control strategies and control measures to be undertaken within a specified time period,
including cost effective use of economic incentives, management strategies, collection action and
environmental education and information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources
of the affected government agencies, and on the alignment of their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution
problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or
stationary sources shall be considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan
consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air
quality standards within their respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department a procedure for carrying out the
action plan for their jurisdiction. The Department, however, shall maintain its authority to independently
inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all
or parts of the air quality action plan until such time the local government unit concerned can assume the
function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the Department for
each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission
limitations contained in their permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of,
but not limited to, areas with similar climate, meteorology and topology which affect the interchange and
diffusion of pollutants in the atmosphere, or areas which share common interest or face similar
development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be established
and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter
referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as
chairman. The members shall be as follows:
a) Provincial Governors from areas belonging to the airshed;

b) City/Municipal Mayors from areas belonging to the airshed;

c) A representative from each concerned government agency;
d) Representatives from peoples organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall, from time to time,
revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
Section 10. Management of Non-attainment Areas. - The Department shall designate areas where
specific pollutants have already exceeded ambient standards as non-attainment areas. The Department
shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a
corresponding reduction in existing resources.
In coordination with other appropriate government agencies, the LGUs shall prepare and implement a
program and other measures including relocation, whenever necessary, to protect the health and welfare of
residents in the area.
For those designated as nonattainment areas, the Department, after consultation with local government
authorities, nongovernment organizations (NGOs), peoples organizations (POs) and concerned sectors
may revise the designation of such areas and expand its coverage to cover larger areas depending on the
condition of the areas.
Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values
and standards, the Department, through the research and development program contained in this Act and
upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and
from time to time, revise information on air pollution control techniques. Such information shall include:
(a) Best available technology and alternative methods of prevention, management and control of
air pollution;
(b) Best available technology economically achievable which shall refer to the technological
basis/standards for emission limits applicable to existing, direct industrial emitters of
nonconventional and toxic pollutants; and
(c) Alternative fuels, processes and operating methods which will result in the eliminator or
significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation, energy
requirements, emission reduction benefits, and environmental impact or the emission control technology.

The issuance of air quality guideline values, standards and information on air quality control techniques
shall be made available to the general public: Provided, That the issuance of information on air quality
control techniques shall not be construed as requiring the purchase of certain pollution control devices by
the public.
Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in coordination
with other concerned agencies, shall review and or revise and publish annually a list of hazardous air
pollutants with corresponding ambient guideline values and/or standard necessary to protect health and
safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:

Short Term a

Pollutants

g/Ncm

Long Term b

ppm

Averaging
Time

g/Ncm

ppm

Averaging
Time

Suspended Particulate

Matterc

-TSP

230d

24 hours

90

----

1 yeare

-PM-10

150f

24 hours

60

----

1 yeare

Sulfur Dioxidec

180

0.07

24 hours

80

0.03

1 year

Nitrogen Dioxide

150

0.08

24 hours

----

----

----

Photochemical Oxidants

140

0.07

1 hour

----

----

----

As Ozone

60

0.03

8 hours

----

----

----

35 mg/Ncm

30

1 hour

----

----

----

10 mg/Ncm

8 hours

----

----

----

1.5

----

3 monthsg

1.0

----

1 year

Carbon Monoxide

Leadg

Maximum limits represented by ninety-eight percentile (98%) values not to be

exceed more than once a year.
a

Arithmetic mean

SO2 and Suspended Particulate matter are sampled once every six days when
using the manual methods. A minimum of twelve sampling days per quarter of
forty-eight sampling days each year is required for these methods. Daily sampling
may be done in the future once continuous analyzers are procured and become
available.
c

Limits for Total Suspended Particulate Matter with mass median diameter less
than 25-50 um.
d

Annual Geometric Mean

Provisional limits for Suspended Particulate Matter with mass median diameter
less than 10 microns and below until sufficient monitoring data are gathered to
base a proper guideline.
f

Evaluation of this guideline is carried out for 24-hour averaging time and
averaged over three moving calendar months. The monitored average value for
any three months shall not exceed the guideline value.
g

(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial
Sources/Operations:

Pollutants1

Concentration2

Averaging
time (min.)

Method of Analysis/
Measurement3

/Ncm

ppm

1. Ammonia

200

0.28

30

Nesselerization/ Indo Phenol

2. Carbon Disulfide

30

0.01

30

Tischer Method

3. Chlorine and
Chlorine
Compounds
expressed as Cl2

100

0.03

Methyl Orange

4. Formaldehyde

50

0.04

30

Chromotropic acid Method or

MBTH Colorimetric Method

5. Hydrogen
Chloride

200100

0.13

30

Volhard Titration with Iodine

Solution

0.07

30

Methylene Blue

30

AASc

6. Hydrogen Sulfide

7. Lead

20

8. Nitrogen Dioxide

375,260

0.20,0.14

30,60

Greiss- Saltzman

9. Phenol

100

0.03

30

4-Aminoantiphyrine

10. Sulfur Dioxide

470, 340

0.18,
0.13

30,60

Colorimetric-Pararosaniline

11. Suspended
Particulate MatterTSP

300

----

60

Gravimetric

Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric

Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be
considered as guides in determining compliance.
1

Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C

and one atmosphere pressure.
2

Other equivalent methods approved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall reflect, among others,
the latest scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of themselves or in combination with other
factors may alter the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse
effect on public health or welfare; and

c) The kind and extent of all identifiable effects on public health or welfare which may be expected
from presence of such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization (WHO)
standards, but shall not be limited to nor be less stringent than such standards.
Section 13. Emission Charge System. - The Department, in case of industrial dischargers, and the
Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall,
based on environmental techniques, design, impose on and collect regular emission fees from said
dischargers as part of the emission permitting system or vehicle registration renewal system, as the case
may be. 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 total credits
and/or accelerated depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality Management Fund to be administered by the
Department as a special account in the National Treasury is hereby established to finance containment,
removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of
ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research,
enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide
technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the
undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the
Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the
Department under this Act, emission fees and from donations, endowments and grants in the forms of
contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or
fees imposed by the Government.
Section 15. Air Pollution Research and Development Program. - The Department, in coordination with
the Department of Science and Technology (DOST), other agencies, the private sector, the academe,
NGOs and POs, shall establish a National Research and Development Program for the prevention and
control of air pollution. The Department shall give special emphasis to research on and the development of
improved methods having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and standards in
addition to internationally-accepted standards. It shall also consider the socio-cultural, political and
economic implications of air quality management and pollution control.
Article Two
Air Pollution Clearances and Permits for Stationary Sources
Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have the authority to
issue permits as it may determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the
ambient air quality standards. These permits shall serve as management tools for the LGUs in the
development of their action plan.
Section 17. Emission Quotas. - The Department may allow each regional industrial center that is
designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that
qualify under an environmental impact assessment system programmatic compliance program pursuant to
the implementing rules and regulations of Presidential Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. - As part of the environmental
management plan attached to the environmental compliance certificate pursuant to Presidential Decree No.
1586 and rules and regulations set therefor, the Department shall require program and project proponents
to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up
rehabilitation of areas that may be damaged during the program or projects actual implementation. Liability

for damages shall continue even after the termination of a program or project, where such damages are
clearly attributable to that program or project and for a definite period to be determined by the Department
and incorporated into the environmental compliance certificate.
Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds,
letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the
Department with evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources
Section 19. Pollution From Stationary Sources. - The Department shall, within two (2) years from the
effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and
publish emission standards, to further improve the emission standards for stationary sources of air
pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air
pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such
standards and with the standards set forth in this section. The standards, whichever is applicable, shall be
the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the
publics health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air
pollutants, the concentration at the point of emission shall not exceed the following limits:

Pollutants

Standard Applicable to Source

Maximum
Permissible
Limits (mg/Ncm)

Method of Analysisa

1. Antimony and Its

compounds

Any source

10 as Sb

AASb

2. Arsenic and its

compounds

Any source

10 as As

AASb

3. Cadmium and its

compounds

Any source

10 as Cd

AASb

4. Carbon Monoxide

Any industrial Source

500 as CO

Orsat analysis

5. Copper and its

Compounds

Any industrial source

100 ax Cu

AASb

6. Hydrofluoric Acids and

Fluoride compounds

Any source other than the

manufacture of Aluminum from

50 as HF

Titration with Ammonium

Thiocyanate

Alumina

7. Hydrogen Sulfide

i) Geothermal Power Plants

ii) Geothermal Exploration and
well-testing
iii) Any source other than (i) and
(ii)

c.d
e

8. Lead

Any trade, industry or process

10 as Pb

AASb

9. Mercury

Any Source

5 as elemental
Hg

AASb/Cold-Vapor
Technique or Hg Analyzer

10. Nickel and its

compounds, except
Nickel Carbonylf

Any source

20 as Ni

AASb

11. NOx

i) Manufacture of Nitric Acid

2,000 as acid
and NOx and
calculated as
NO2

Phenol-disulfonic acid
Method

ii) Fuel burning steam generators

Existing Source New Source
Coal-Fired
Oil-Fired
iii) Any source other than (i) adn
(ii)
Existing Source
New Source

1,500 as NO2

Phenol-disulfonic acid
Method

12. Phosphorus
Pentoxideg

Any source

200 as P2O5

Spectrophotometry

13. Zinc and its

Compounds

Any source

100 as Zn

AASb

Cadmium Sulfide Method

Cadmium Sulfide Method

7 as H2S

1,000 as NO2
500 as NO2
Phenol-disulfonic acid
Method
1000 as NO2
500 as NO2

Other equivalent methods approved by the Department may be used.

Atomic Absorption Spectrophometry

All new geothermal power plants starting construction by 01 January 1995 shall control
HsS emissions to not more than 150g/GMW-Hr
c

All existing geothermal power plants shall control HsS emissions to not more than
200g/GMW-Hr. within 5 years from the date of efectivity of these revised regulations.
d

Best practicable control technology for air emissions and liquid discharges. Compliance
with air and water quality standards is required.
e

Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.

Provisional Guideline

Provided, That the maximum limits in mg/ncm particulates in said sources shall be:

1.

Fuel Burning Equipment

a) Urban or Industrial Area

150 mg/Ncm

b) Other Area

200 mg/Ncm

2.

Cement Plants (Kilns, etc.)

150 mg/Ncm

3.

Smelting Furnaces

150 mg/Ncm

4.

Other Stationary Sourcesa

200 mg/Ncm

Other Stationary Sources means a trade, process, industrial plant, or fuel burning
equipment other than thermal power plants, industrial boilers, cement plants, incinerators
and smelting furnaces.
a

Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:

(1) Existing Sources

(i) Manufacture of Sulfuric Acid and

Sulf(on)ation Process

2.0gm.Ncm as SO3

(ii) Fuel burning Equipment

1.5gm.Ncm as SO2

(iii) Other Stationary Sourcesa

1.0gm.Ncm as SO3

(2) New Sources

(i) Manufacture of Sulfuric Acid and

Sulf(on)ation Process

1.5 gm.Ncm as SO3

(ii) Fuel Burning Equipment

0.7 gm.Ncm as SO2

(iii) Other Stationary Sourcesa

0.2 gm.Ncm as SO3

Other Stationary Sources refer to existing and new stationary sources other than those
caused by the manufacture of sulfuric acid and sulfonation process, fuel burning
equipment and incineration.
a

For stationary sources of pollution not specifically included in the immediately preceding paragraph, the
following emission standards shall not be exceeded in the exhaust gas:
I. Daily And Half Hourly Average Values

Daily Average
Values

Half Hourly
Average Values

Total dust

10 mg/m3

30 mg/m3

Gaseous and vaporous organic substances,

expressed as total organic carbon
Hydrogen chloride (HCl)
Hydrogen fluoride (HF)
Sulfur dioxide (SO2)

10 mg/m3
10 mg/m3
1 mg/m3
50 mg/m3

20 mg/m3
60 mg/m3
4 mg/m3
200 mg/m3

Nitrogen monoxide (NO) and Nitrogen

dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour

200 mg/m3

Nitrogen monoxide (NO) and nitrogen

dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity of 3 tonnes per hour or less

300 mg/m3

Ammonia

10 mg/m3

400 mg/m3

20 mg/m3

II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.

Cadmium and its compounds, expressed as cadmium (Cd)

total 0.05
mg/m3
Thallium and its compounds, expressed as thallium (Tl)

Mercury and its Compounds, expressed as mercury (Hg)

0.05 mg/m3

Antimony and its compounds, expressed as antimony (Sb)

Arsenic and its compounds, expressed as arsenic (As)

Lead and its compounds, expressed as lead ( Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

total 0.5
mg/m3

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

Tin and its compounds, expressed as tin (Sn)

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as
well as their compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by
the most progressive techniques: Provided, Further, That all average of dioxin and furans measured over
the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1
nanogram/m3.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission
standards or standards of performance for any stationary source the procedure for testing emissions for
each type of pollutant, and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the Department in
consultation with stakeholders, after a thorough, credible and transparent measurement process shall be
allowed a grace period of eighteen (18) months for the establishment of an environmental management
system and the installation of an appropriate air pollution control device : Provided, That an extension of
not more than twelve (12) months may be allowed by the Department on meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, biomedical
and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided,
however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood
sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria; Provided,
Further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after
the effectivity of this Act;Provided, Finally, that in the interim, such units shall be limited to the burning of
pathological and infectious wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in their respective
jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and
composting.
With due concern on the effects of climate change, the Department shall promote the use of state-of-theart, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction,
utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.
Article Four
Pollution from Motor Vehicles
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement the emission standards for
motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the
Department shall review, revise and publish the standards every two (2) 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.
The following emission standards for type approval of motor vehicles shall be effective by the year 2003:
a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

Emission Limits for Light Duty Vehicles

Type Approval
(Directive 91/441/EEC)

CO
(g/km)

2.72

HC + NOx
(g/km)

PMa
(g/km)

0.970.14

for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of
the given reference mass shall be:
Emission Limits for Light Commercial Vehicles
Type Approval
(Directive 93/59/EEC)

Reference Weight (RW)

(kg)

CO
(g/km)

HC +
NOx(g/km)

PMa (g/km)

Category 1

1250< RW

2.72

0.97

0.14

Category 2

1250< RW<1700

5.17

1.4

0.19

Category 3

RW>1700

6.9

1.7

0.25

for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)

CO

HC

NOx

PM

(g/k/Wh)

(g/k/Wh)

(g/k/Wh)

(g/k/Wh)

4.5

1.1

8.0

0.36a

In the case of engines of 85 kW or less, the limit value for particular emissions in
increased by multiplying the quoted limit by a coefficient of 1.7
a

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.
b) The Department, in collaboration with the DOTC, DTI and LGUs, 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 testing emission testing centers duly accredited by the DTI.
c) 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 pollutants discharged by said sources.
d) 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 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 odometers for all motor vehicles including
tamper-resistant fuel management systems for the effective implementation of the inspection and
maintenance program.
Section 22. Regulation of All Motor Vehicles and Engines. - 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.
Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this Act.
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.
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular
engine so 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 sixty (60) days prior to date of registration.

The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines
including devices in order to ensure that such vehicles will conform to the emissions which they were
certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. - 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.
Article Five
Pollution from Other Sources
Section 24. Pollution from smoking. - Smoking inside a public building or an enclosed public place
including public vehicles and other means of 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 under this Act.
This provision shall be implemented by the LGUs.
Section 25. Pollution from other mobile sources. - The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary standards for all mobile sources other than those
referred to in Sec. 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.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be established under Section
7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural
Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the
representatives of the fuel and automotive industries, academe and the consumers shall set the
specifications for all types of fuel and fuel-related products, to improve fuel composition for increased
efficiency and reduced emissions: Provided, however, that the specifications for all types of fuel and fuelrelated products set-forth pursuant to this section shall be adopted by the BPS as Philippine National
Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products.
Such standards shall be based primarily on threshold levels of health and research studies. On the basis of
such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types
of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of
this function shall be required to coordinate with the DOE and transfer all documents and information
necessary for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is declared that:
a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture,
import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded
premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor
pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded
gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and
benzene not to exceed four percent (4%) by volume;Provided, that by year 2003, unleaded
gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and
benzene not to exceed two percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture,
import, sell, supply, offer for sale, dispense, transport or introduce into commerce automotive
diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane
number of index of not less than forty-eight (48): Provided, That by year 2004, content of said
sulfur shall be 0.05% by weight; and

c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture,
import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel
fuel which contains a concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of
automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation
and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be the reference
fuels for emission and testing procedures to be established in accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall
include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in
order to be approved and certified by the Department.
Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department
and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any
fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the
same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall
provide the DOE with the following relevant information:
a) Product identity and composition to determine the potential health effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and measure the additive in
any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfueling. - 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.
Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or
Components Requiring Leaded Gasoline. - Effective not later than eighteen (18) months after the
enactment of this Act, 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.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming
engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of the Montreal
Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to
which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances
which are known to cause harmful effects on the stratospheric ozone layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and Astronomical Service

Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions
including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively
guide air pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units, shall prepare and fully
implement a national plan consistent with the United Nations Framework Convention on Climate Change
and other international agreements, conventions and protocols on the reduction of greenhouse gas
emissions in the country.
Section 32. Persistent Organic Pollutants. - The Department shall, within a period of two (2) years after
the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs)
in the country. The Department shall develop short-term and long-term national government programs on
the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated
within a year after the establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve the use of atomic and/or nuclear
energy, and will entail release and emission 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, shall be regulated in the interest of public health and
welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government
agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall be the primary
government agency responsible for the implementation and enforcement of this Act. To be more effective in
this regard, The Department's Environmental Management Bureau (EMB) shall be converted from a staff
bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive
environmental management agency is created.
Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate and enter into
agreement with other government agencies, or with affected non-governmental (NGOs) or people's
organizations (POs),or private enterprises in the furtherance of the objectives of this Act.
Section 36. Role of Local Government Units. - Local Government Units (LGUs) shall share the
responsibility in the management and maintenance of air quality within their territorial jurisdiction.
Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board
in areas within their jurisdiction;Provided, however, That in case where the board has not been duly
constituted and has not promulgated its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a continuing capabilitybuilding program to prepare them to undertake full administration of the air quality management and
regulation within their territorial jurisdiction.
Section 37. Environmental and Natural Resources Office. - There may be established an Environment
and Natural Resources Office in every province, city, or municipality which shall be headed by the
environment and natural resources officer and shall be appointed by the Chief Executive of every province,
city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers
and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and strategies within the
limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its
territorial jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and the provision of adequate
facilities relative to air quality;

c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the maximum
permissible standards set by rational laws;
e) To coordinate with other government agencies and non-governmental organizations in the
implementation of measures to prevent and control air pollution; and
f) Exercise such other powers and perform such duties and functions as may be prescribed by law
or ordinance: Provided, however, That in provinces/cities/municipalities where there are no
environment and natural resources officers, the local executive concerned may designate any of
his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his
employee: Provided, Finally, That in case an employee is designated as such, he must have
sufficient experience in environmental and natural resources management, conservation and
utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. - The Department
or its duly accredited entity shall, after proper consultation and notice, require any person who owns or
operates any emissions source or who is subject to any requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed
by the Department;
(e) keep records on control equipment parameters, production variables or other indirect data
when direct monitoring of emissions is impractical; and
(f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:
(a) entry or access to any premises including documents and relevant materials as referred to in
the herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or method
required; and
(c) test any emission.
Any record, report or information obtained under this section shall be made available to the public, except
upon a satisfactory showing to the Department by the entity concerned that the record, report or
information, or parts thereof, if made public, would divulge secret methods or processes entitled to
protection as intellectual property. Such record, report or information shall likewise be incorporated in the
Department's industrial rating system.
Section 39. Public Education and Information Campaign. - A continuing air quality information and
education campaign shall promoted by the Department, the Department of Education, Culture and Sports
(DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA)
and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall
encourage the participation of other government agencies and the private sector including NGOs, POs, the
academe, environmental groups and other private entities in a multi-sectoral information campaign.
Chapter 5
Actions

Section 40. Administrative Action. - Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such standard or
limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its implementing rules
and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper
courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or its implementing
rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations
issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act specifically
enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in
the performance of his duty; or, in any manner, improperly performs his duties under this Act or its
implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day
(30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for actions not capable of
pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary
injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or
baseless and shall accordingly dismiss the action and award attorney's fees and damages.
Section 42. Independence of Action. - The filing of an administrative suit against such person/entity does
not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed
independently.
Section 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of
This Act. - Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act,
or against any person, institution or government agency that implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately make a determination not
exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or
stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall dismiss the case and award attorney's
fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their official
capacity, their being no grave abuse of authority, and done in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines and penalties imposed
pursuant to this Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in
case of insolvency of the respondent violator, enjoy preference to laborer's wages under Articles 2241 and
2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.
Chapter 6
Fines and Penalties
Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of any pollution or
air quality standards under this Act or its rules and regulations, the Department, through the Pollution

Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos
(P100,000.00) for every day of violation against the owner or operator of a stationary source until such time
that the standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the
maximum fine based on the violator's ability to pay, degree of willfulness, degree of negligence, history of
non-compliance and degree of recalcitrance: Provided, That in case of negligence, the first time offender's
ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, Further, That in the
absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be
equivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to
compensate for inflation and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations
of the stationary sources until such time that proper environmental safeguards are put in
place: Provided, That an establishment liable for a third offense shall suffer permanent closure immediately.
This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of operations during the pendency of the case
upon prima facie evidence that their is imminent threat to life, public health, safety or general welfare, or to
plant or animal life, or whenever there is an exceedance of the emission standards set by the Department
and/or the Board and/or the appropriate LGU.
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 Sec. 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 emission 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, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control
management conducted by the DOTC and shall also suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of
not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos
(P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance
program, including technicians and facility compliance shall 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 47. Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all
other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten
thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months
to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president,
manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations
shall suffer the penalty herein provided.
Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules and
regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal
charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross
violation shall mean:
(a) three (3) or more specific offenses within a period of one (1) year;
(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal,
padlocks and other similar devices, or operation despite the existence of an order for closure,
discontinuance or cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence of any violation of the
provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10)
years at the discretion of the court. If the offender is a juridical person, the president, manager, directors,
trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the
penalty herein provided.
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby authorized to
establish a compensation, retraining and relocation program to assist workers laid off due to a company's
compliance with the provisions of this Act.
Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall
be appropriated for the initial implementation of this Act, of which, the amount of Three Hundred Million
Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred Million Pesos
(P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One
Hundred Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the
General Appropriations Act.
Section 51. Implementing Rules and Regulations. - The Department, in coordination with the
Committees on Environment and Ecology of the Senate and House of Representatives, respectively and
other agencies, shall promulgate the implementing rules and regulations for this Act, within one (1) year
after the enactment of this Act:Provided, That rules and regulations issued by other government agencies
and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall
supplement the rules and regulations issued by the Department pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to Congress, not later than March 30 of
every year following the approval of this Act, the progress of the pollution control efforts and make the
necessary recommendations in areas where there is need for legislative action.

Section 53. Joint Congressional Oversight Committee. - There is hereby created a joint congressional
oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5)
senators and five (5) representatives to be appointed by the Senate President and the Speaker of the
House of Representatives, respectively, the oversight committee shall be co-chaired by a senator and a
representative designated by the Senate President and the Speaker of the House of Representatives,
respectively.
The mandate given to the joint congressional oversight committee under this Act shall be without prejudice
to the performance of the duties and functions by the respective existing oversight committees of the
Senate and the House of Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or the application of such provision to
any person or circumstances is declared unconstitutional, the remainder of the Act or the application of
such provision to other person or circumstances shall not be affected by such declaration.
Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed. Presidential Decrees
Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws, orders, issuance,
rules and regulations inconsistent herewith are hereby repealed or modified accordingly.
Section 56. 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, June 23, 1999.
Republic Act No. 9275

March 22, 2004

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."
SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a manner
consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine
waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall
be the policy of the State:
a) To streamline processes and procedures in the prevention, control and abatement of pollution of
the country's water resources;
b) To promote environmental strategies, use of appropriate economic instruments and of control
mechanisms for the protection of water resources;
c) To formulate a holistic national program of water quality management that recognizes that water
quality management issues cannot be separated from concerns about water sources and
ecological protection, water supply, public health and quality of life;
d) To formulate an integrated water quality management framework through proper delegation and
effective coordination of functions and activities;

e) promote commercial and industrial processes and products that are environment friendly and
energy efficient;
f) To encourage cooperation and self-regulation among citizens and industries through the
application of incentives and market-based instruments and to promote the role of private industrial
enterprises in shaping its regulatory profile within the acceptable boundaries of public health and
environment;
g) To provide for a comprehensive management program for water pollution focusing on pollution
prevention;
h) To promote public information and education and to encourage the participation of an informed
and active public in water quality management and monitoring;
i) To formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity; and
j) To encourage civil society and other sectors, particularly labor, the academe and business
undertaking environment-related activities in their efforts to organize, educate and motivate the
people in addressing pertinent environmental issues and problems at the local and national levels.
SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in all water bodies:
Provided, That it shall primarily apply to the abatement and control of pollution from land based sources:
Provided, further, That the water quality standards and regulations and the civil liability and penal
provisions under this Act shall be enforced irrespective of sources of pollution.
ARTICLE 2
DEFINITION OF TERMS
SECTION 4. Definition of Terms. - As used in this Act:
a) Aquifer - means a layer of water-bearing rock located underground that transmits water in
sufficient quantity to supply pumping wells or natural springs.
b) Aquatic life - means all organisms living in freshwater, brackish and marine environment.
c) Beneficial use - means the use of the environment or any element or segment thereof conducive
to public or private welfare, safety and health; and shall include, but not be limited to, the use of
water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial,
recreational and other purposes.
1. Use of water for domestic purposes - means the utilization of water for drinking,
washing, bathing, cooking or other household needs, home gardens and watering of
lawns or domestic animals;
2. Use of water for municipal purposes - means the utilization of water for supplying water
requirements of the community;
3. Use of water for irrigation - means the utilization of water for producing agricultural
crops;
4. Use of water for power generation - means the utilization of water for producing
electrical or mechanical power;
5. Use of water for fisheries - means the utilization of water for the propagation of culture
of fish as a commercial enterprise;

6. Use of water for livestock raising - means the utilization of water for large herds or
flocks of animals raised as a commercial enterprise;
7. Use of water for industrial purposes - means the utilization of water in factories,
industrial plants and mines, including the use of water as an ingredient of a finished
product; and
8. Use of water for recreational purposes - means the utilization of water for swimming
pools, bath houses, boating, water skiing, golf courses and other similar facilities in resorts
and other places of recreation.
d) Classification/Reclassification of Philippine Waters - means the categorization of all water
bodies taking into account, among others, the following: (1) existing quality of the body of water;
(2) size, depth, surface area covered, volume, direction, rate of flow and gradient of stream; (3)
most beneficial existing and future use of said bodies of water and lands bordering them, such as
for residential, agricultural, aquacultural, commercial, industrial, navigational, recreational, wildlife
conservation and aesthetic purposes; and (4) vulnerability of surface and groundwater to
contamination from pollutive and hazardous wastes, agricultural chemicals and underground
storage tanks of petroleum products.
e) Civil Society - means non-government organizations (NGOs) and people's organizations (POs).
f) Cleaner Production - means the application of an integrated, preventive environmental strategy
to processes, products, services to increase efficiency and reduce risk to humans and the
environment;
g) Clean-up operations - means activities involving the removal of pollutants discharged or spilled
into a water body and its surrounding areas, and the restoration of the affected areas to their
former physical, chemical and biological state or conditions.
h) Contamination - means the production of substances not found in the natural composition of
water that make the water less desirable or unfit desirable or unfit for intended use.
i) Department - means the Department of Environment and Natural Resources.
j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting,
emptying, releasing or dumping of any material into a water body or onto land from which it might
flow or drain into said water.
k) Drinking water- means water intended for human consumption or for use in food preparation.
l) Dumping - means any unauthorized or illegal disposal into any body of water or land of wastes or
toxic or hazardous material: Provided, That it does not mean a release of effluent coming from
commercial, industrial, and domestic sources which are within the effluent standards.
m) Effluent - means discharge from known sources which is passed into a body of water or land, or
wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial
and recreational facilities.
n) Effluent standard - means any legal restriction or limitation on quantities, rates, and/or
concentrations or any combination thereof, of physical, chemical or biological parameters of
effluent which a person or point source is allowed to discharge into a body of water or land.
o) Environmental management - means the entire system which includes, but is not limited to,
conservation, regulation and minimization of pollution, clean production, waste management,

environmental law and policy, environmental education and information, study and mitigation of the
environmental impacts of human activity, and environmental research.
p) Environmental management system - means the part of the overall management system that
includes organizational structure, planning activities, responsibilities, practices, procedures,
processes and resources for developing, implementing, achieving, reviewing and maintaining the
environment policy.
q) Freshwater - means water containing less than 500 ppm dissolved common salt, sodium
chloride, such as that in groundwater, rivers, ponds and lakes.
r) Groundwater - means a subsurface water that occurs beneath a water table in soils and rocks,
or in geological formations.
s) Groundwater vulnerability - means relative ease with which a contaminant located at or near the
land surface can migrate to the aquifer or deep well.
t) Groundwater vulnerability map - means the identified areas of the land surface where
groundwater quality is most at risk from human activities and shall reflect the different degrees of
groundwater vulnerability based on a range of soil properties and hydro geological criteria to serve
as guide in the protection of the groundwater from contamination.
u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained
gaseous, or semi-solid form which cause, of contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such
waste, its persistence and degradability in nature, its potential for accumulation or concentration in
tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects
on the health of persons or organism.
v) Industrial waste - means any solid, semi-solid or liquid waste material with no commercial value
released by a manufacturing or processing plant other than excluded material.
w) Integrated Water Quality Management Framework - means the policy guideline integrating all
the existing frameworks prepared by all government agencies contain the following; water quality
goals and targets; (b) period of compliance; (c) water pollution control strategies and techniques;
(d) water quality information and education program; (e) human resources development program.
x) Margin - means a landward and outer limiting edge adjacent to the border of any water bodies
or a limit beyond where beyond where saturation zone ceases to exist.
y) National Water Quality Status Report - means a report to be prepared by the Department
indicating: a) the location of water bodies, their quality, taking into account seasonal, tidal and
others variations, existing and potential uses and sources of pollution per specific pollutant and
pollution load assessment; b) water quality management areas pursuant to Section 5 of this Act; c)
and water classification.
z) Non-point source - means any source of pollution not identifiable as point source to include, but
not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and urban
areas.
aa) Point source - means any identifiable source of pollution with specific point of discharge into a
particular water body.
bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which
directly or indirectly:

(i) alters the quality of any segment of the receiving water body to affect or tend to affect
adversely any beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
(iii) imparts objectionable odor, temperature change, or physical, chemical or biological
change to any segment of the water body; or
(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in
contravention of the condition, limitation or restriction prescribed in this Act.
cc) Pollution control technology- means pollution control devices or apparatus, processes, or other
means that effectively prevent control or reduce pollution of water caused by effluents and other
discharges, from any point source at levels within the water pollution standards.
dd) Potentially infectious medical waste- include isolation wastes, infectious agents, human blood
and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, and other disposable medical equipment and material that may pose a risk to the public
health, welfare or the marine environment.
ee) Secretary - means the Secretary of the Department of Environmental and Natural Resources
(DENR).
ff) Septage - means the sludge produced on individual onsite wastewater disposal systems,
principally septic tanks and cesspools.
gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed
from residences, building, institutions, industrial and commercial establishments together with such
groundwater, surface water and storm water as maybe present including such waste from vessels,
offshore structures, other receptacles intended to receive or retain waste or other places or the
combination thereof.
hh) Sewerage - includes, but is not limited to, any system or network of pipelines, ditches,
channels, or conduits including pumping stations, lift stations and force mains, service connections
including other constructions, devices, and appliances appurtenant thereto, which includes the
collection, transport, pumping and treatment of sewage to a point of disposal.
ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater
treatment plant, water supply treatment plant, or water control pollution facility, or any other such
waste having similar characteristics and effects.
jj) Surface water - means all water, which is open to the atmosphere and subject to surface runoff.
kk) Treatment - means any method, technique, or process designed to alter the physical, chemical
or biological and radiological character or composition of any waste or wastewater to reduce or
prevent pollution.
ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which may cause
chronic or long-term acute or lethal conditions or effects to the aquatic life, or health of persons or
which may adversely affect designated water uses.
mm) Waste - means any material either solid, liquid, semisolid, contained gas or other forms
resulting industrial, commercial, mining or agricultural operations, or from community and
household activities that is devoid of usage and discarded.
nn) Wastewater - means waste in liquid state containing pollutants.

oo) Water body - means both natural and man-made bodies of fresh, brackish, and saline waters,
and includes, but is not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds,
lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters. Water bodies do not
refer to those constructed, developed and used purposely as water treatment facilities and / or
water storage for recycling and re-use which are integral to process industry or manufacturing.
pp) Water Pollution - means any alteration of the physical, chemical, biological, or radiological
properties of a water body resulting in the impairment of its purity or quality.
qq) Water Quality - means the characteristics of water, which define its use in characteristics by
terms of physical, chemical, biological, bacteriological or radiological characteristics by which the
acceptability of water is evaluated.
rr) Water quality guidelines - means the level for a water constituent or numerical values of
physical, chemical, biological and bacteriological or radiological parameters which are used to
classify water resources and their use, which does not result in significant health risk and which
are not intended for direct enforcement but only for water quality management purposes, such as
determining time trends, evaluating stages of deterioration or enhancement of the water quality,
and as basis for taking positive action in preventing, controlling or abating water pollution.
ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following: (a)
goals and targets including sewerage or septage program, (b) schedule of compliance to meet the
applicable requirements of this Act; (c) water pollution control strategies or techniques; (d) water
quality information and education program; e) resource requirement and possible sources; f)
enforcement procedures of the plan and (g) rewards and incentives under Chapter 4 of this Act.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
ARTICLE 1
GENERAL PROVISIONS
SECTION 5. Water Quality Management Area. - The Department, in coordination with National Water
Resources Board (NWRB), shall designate certain areas as water quality management areas using
appropriate physiographic units such as watershed, river basins or water resources regions. Said
management areas shall have similar hydrological, hydrogeological, meteorological or geographic
conditions which affect the physicochemical, biological and bacteriological reactions and diffusions of
pollutants in the water bodies, or otherwise share common interest or face similar development programs,
prospects or problems.
Said management area shall be governed by a governing board composed of representatives of mayors
and governors of member local government units (LGUs), and representatives of relevant national
government agencies, duly registered non-governmental organization, water utility sector, and business
sector. The Department representative shall chair the governing board. In the case of the LGUs with
memberships on more than one (1) management board, the LGU shall designate only one (1) single
representative for all the management areas wherein is a member.
The governing board shall formulate strategies to coordinate policies necessary for the effective
implementation of this Act in accordance with those established in the framework and monitor the
compliance with the action plan.
Each management area shall create a multi-sectoral group to establish and affect water quality surveillance
and monitoring network including sampling schedules and other similar activities. The group shall submit its
report and recommendation to the chairman of the governing board.

A technical secretariat for each management area is hereby created which shall be part of the department
and shall provide technical support to the governing board. They shall be composed of at least four (4)
members who shall have the following minimum qualifications:
a) One (1) member shall be a member of the Philippines Bar;
b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental
Engineer or Ecologist or significant training and experience in chemistry;
c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and experience in
closely related fields and experience on ground water, respectively; and
d) One (1) member shall be a Geologist, Biologist, or significant training and experience in closely
related fields.
The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as
one management area under the administration of LLDA in accordance with R.A. No. 4850, as amended:
Provided, However, That the standards promulgated pursuant to this Act and wastewater charge system
established pursuant hereof shall be enforced in said area.
SECTION 6. Management of Non-attainment Areas. - The Department shall designate water bodies, or
portions thereof, where specific pollutants from either natural or man-made source have already exceeded
water quality guidelines as non-attainment areas for the exceeded pollutants. It shall prepare and
implement a program that will not allow new sources of exceeded water pollutant in non-attainment areas
without a corresponding reduction in discharges from existing sources; Provided, That if the pollutant is
naturally occurring, e.g. naturally high boron and other elements in geothermal areas, discharge of such
pollutant may be allowed: Provided, further, That the effluent concentration of discharge shall not exceed
the naturally occurring level of such pollutant in the area: Provided, Finally, That the effluent concentration
and volume of discharge shall not adversely affect water supply, public health and ecological protection.
The Department shall, in coordination with NWRB, Department of Health (DOH), Department of Agriculture
(DA), governing board and other concerned government agencies and private sectors shall take such
measures as may be necessary to upgrade the quality of such water in non-attainment areas to meet the
standards under which it has been classified.
Upgrading of water quality shall likewise include undertakings, which shall improve the water quality of a
water body to a classification that will meet its projected or potential use.
The LGUs shall prepare and implement contingency plans and other measures including relocation,
whenever necessary, for the protection of health and welfare of the residents within potentially affected
areas.
SECTION 7. National Sewerage and Septage Management Program. - The Department of Public Works
and Highways (DPWH), through its relevant attached agencies, in coordination with the Department, local
government units (LGUs) and other concerned agencies, shall, as soon as possible, but in no case
exceeding a period of twelve (12) months from the affectivity of this Act, prepare a national program on
sewerage and septage management in connection with Section 8 hereof.
Such program shall include a priority listing of sewerage, septage and combined sewerage-septage
projects for LGUs based on population density and growth, degradation of water resources, topography,
geology, vegetation, program/projects for the rehabilitation of existing facilities and such other factors that
the Secretary may deem relevant to the protection of water quality. On the basis of such national listing, the
national government may allot, on an annual basis, funds for the construction and rehabilitation of required
facilities.

Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to the
land for the construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of
sewerage treatment or septage facility servicing their area of jurisdiction through local property taxes and
enforcement of a service fee system.
SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5) years following the
effectivity of this Act, the Agency vested to provide water supply and sewerage facilities and/or
concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in Republic Act No.
7160, in coordination with LGUs, shall be required to connect the existing sewage line found in all
subdivisions, condominiums, commercial centers, hotels, sports and recreational facilities, hospitals,
market places, public buildings, industrial complex and other similar establishments including households
to available sewerage system. Provided, That the said connection shall be subject to sewerage services
charge/fees in accordance with existing laws, rules or regulations unless the sources had already utilized
their own sewerage system: Provided, further, That all sources of sewage and septage shall comply with
the requirements herein.
In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other
concerned agencies, shall employ septage or combined sewerage-septage management system.
For the purpose of this section, the DOH, coordination with other government agencies, shall formulate
guidelines and standards for the collection, treatment and disposal of sewage including guidelines for the
establishment and operation of centralized sewage treatment system.
SECTION 9. National Water Quality Management Fund. - A water quality management fund, to be
administered by the Department, in coordination with other concerned agencies, as a special account in the
National Treasury is hereby established. The fund shall be used to finance the following:
a) Finance containment and clean-up operations of the government in water pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation of affected areas;
c) Support research, enforcement and monitoring activities;
d) Provide technical assistance to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign; and
g) Such other disbursements made solely for the prevention, control or abatement of water
pollution and management and administration of the management areas in the amounts authorized
by the Department.
The fines imposed and damages awarded to the government by the Pollution Adjudication Board (PAB),
proceeds of permits issued by the Department under this Act, donations, endowments and grants in the
form of contributions to the national government under this Act shall form part of the fund. Such donations,
endowments and grants shall be exempt from donor's taxes and all other taxes, charges or fees imposed
by the government and shall be deductible from the gross income of the donor for income tax purposes.
Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations.
SECTION 10. The Area Water Quality Management Fund. - The area water quality management fund is
hereby established for the maintenance and upkeep of the water bodies in a water quality management
area. The fund shall be utilized for the grant of rewards and incentives for entities whose effluent

discharges are better than the water quality criteria of the target classification of the receiving body of
water, loans for acquisitions and repairs of facilities to reduce quantity and improve quality of wastewater
discharges, and regular maintenance of the water bodies within the management area.
An amount of not more than ten percent (10%) of the total amount accruing to the funds annually shall be
allocated for the operational expenses of the governing board, its secretariat and multi-sectoral water
quality surveillance and monitoring network.
This fund shall initially be sourced from the fines incurred by the establishments located in rural areas
before the effectivity of this Act. Thereafter, the fees collected under the wastewater charge system
established under Section 13 of this Act, donations, endowments and grants for water quality management
of the area shall accrue to the fund.
Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations.
This fund shall be managed by the Board of the corresponding management area.
SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. - The Department
may provide variance in water quality criteria and standards for geothermal exploration that encounters reinjection constraints: Provided, That there shall be provision for adequate protection of beneficial use of
water bodies, downstream of the geothermal project: Provided, further, That this provision may be applied
to oil and gas exploration as determined by the Department.
SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the effectivity of this
Act, and every two (2) years thereafter, the Department shall, through due public consultation, revise and
publish a list of categories of industry sector for which effluent standards will be provided for each
significant wastewater parameter per industry sector.
The Department shall provide additional classification based on other parameters specifically associated to
discharge of a particular industry which shall be included in the listing of categories prescribed in the
preceding paragraph.
ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES
SECTION 13. Wastewater Charge System. - The Department shall implement a wastewater charge
system in all management areas including the Laguna Lake Region and Regional Industrial Centers
through the collection of wastewater charges/fees. The system shall be established on the basis of
payment to the government for discharging wastewater into the water bodies. Wastewater charges shall be
established taking into consideration the following:
a) To provide strong economic inducement for polluters to modify their production or management
processes or to invest in pollution control technology in order to reduce the amount of water
pollutants generated;
b) To cover the cost of administering water quality management or improvement programs;
c) Reflect damages caused by water pollution on the surrounding environment, including the cost
of rehabilitation;
d) Type of pollutant;
e) Classification of the receiving water body; and
f) Other special attributes of the water body.

The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be
established with due public consultation within six (6) months from the effectivity of this Act: Provided, That
net waste load shall refer to the difference of the initial waste load of the abstracted water and the waste
load of the final effluent discharge of an industry: Provided, further, That no net waste load shall be lower
than the initial waste load: Provided, finally, That wastewater charge system shall not apply to wastewater
from geothermal exploration.
Industries whose water effluent are within standards promulgated pursuant to this Act, shall only be
charged with minimal reasonable amount which shall be determined by the Department after due public
consultation, giving account to volumetric rate of discharge and effluent concentration.
SECTION 14. Discharge Pemits. - The Department shall require owners or operators of facilities that
discharge regulated effluents pursuant to this Act to secure a permit to discharge. The discharge permit
shall be the legal authorization granted by the Department to discharge wastewater: Provided, That the
discharge permit shall specify among others, the quantity and quality of effluent that said facilities are
allowed to discharge into a particular water body, compliance schedule and monitoring requirement.
As part of the permitting procedure, the Department shall encourage the adoption of waste minimization
and waste treatment technologies when such technologies are deemed cost effective. The Department
shall also develop procedures to relate the current water quality guideline or the projected water quality
guideline of the receiving water body/ies with total pollution loadings from various sources, so that effluent
quotas can be properly allocated in the discharge permits. For industries without any discharge permit, they
may be given a period of twelve {12) months after the effectivity of the implementing rules and regulations
promulgated pursuant to this Act, to secure a discharge permit.
Effluent trading may be allowed per management area.
ARTICLE 3
FINANCIAL LIABILITY MECHANISM
SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department shall require
program and project proponents to put up environmental guarantee fund {EGF) as part of the
environmental management plan attached to the environmental compliance certificate pursuant to
Presidential Decree No.1586 and its implementing rules and regulations. The EGF shall finance the
maintenance of the health of the ecosystems and specially the conservation of watersheds and aquifers
affected by the development, and the needs of emergency response, clean-up or rehabilitation of areas
that may be damaged during the program's or project's actual implementation. Liability for damages shall
continue even after the termination of a program or project and, until the lapse of a given period indicated in
the environmental compliance certificate, as determined by the Department. The EGF may be in the form
of a trust fund, environmental insurance, surety bonds, letters of credit, self-insurance and any other
instruments which may be identified by the Department. The choice of the guarantee instrument or
combinations thereof shall depend, among others, on the assessment of the risks involved and financial
test mechanisms devised by the Department. Proponents required to put up guarantee instruments shall
furnish the Department with evidence of availment of such instruments from accredited financial instrument
providers.
SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof, any
person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and clean-up any pollution incident at his own expense
to the extent that the same water bodies have been rendered unfit for utilization and beneficial use:
Provided, That in the event emergency clean-up operations are necessary and the polluter fails to
immediately undertake the same, the Department, in coordination with other government agencies
concerned, shall conduct containment, removal and clean-up operations. Expenses incurred in said
operations shall be reimbursed by the persons found to have caused such pollution upon proper
administrative determination in accordance with this Act. Reimbursements of the cost incurred shall be
made to the Water Quality Management Fund or to such other funds where said disbursements were
sourced.

SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall implement
programmatic compliance with the environmental impact assessment system, as in the following types of
development:
a) development consisting of a series of similar projects, or a project subdivided into several
phases and/or stages whether situated in a contiguous area or geographically dispersed; and
b) development consisting of several components or a cluster of projects co-located in an area
such as an industrial estate, an export processing zone, or a development zone identified in a local
land use plan.
Programmatic compliance with the environmental impact assessment system shall be guided by carrying
capacity assessments determined from ecological profiles. Ecological profiles shall Identify environmental
constraints and opportunities in programmatic areas. Programmatic assessment shall also take into
account cumulative impacts and risks.
Consistent with the provisions of the Local Government Code, the Department may enter into agreement
with LGUs to incorporate programmatic environmental impact assessment into the preparation, updating or
revision of local land use plans and area development plans.
SECTION 18. Environmental Impact Assessment System Programmatic Compliance with Water
Quality Standards. - The. Department may allow each regional industrial center established pursuant to
Republic Act No.7916 (PEZA law) to allocate effluent quotas to pollution sources within its jurisdiction that
qualify under an environmental impact assessment system programmatic compliance program in
accordance with Presidential Decree No. 15867 and its implementing rules and regulations.
CHAPTER 3
INSTITUTIONAL MECHANISM
SECTION 19. Lead Agency. - The Department shall be the primary government agency responsible for
the implementation and enforcement of this Act unless otherwise provided herein. As such, it shall have the
following functions, powers and responsibilities:
a) Prepare a National Water Quality Status Report within twenty-four (24) months from the
effectivity of this Act: Provided, That the Department shall thereafter review or revise and publish
annually, or as the need arises, said report;
b) Prepare an Integrated Water Quality Management Framework within twelve (12) months
following the completion of the status report;
c) Prepare a ten (10) year Water Quality Management Area Action Plan within twelve (12) months
following the completion of the framework for each designated water management area. Such
action plan shall be reviewed by the water quality management area governing board every five (5)
years or as need arises;
d) Prepare and publish a national a national groundwater vulnerability map incorporating the
prevailing standards and methodologies, within twenty four (24) months after the effectivity of this
Act;
e) Enforce, review and revise within twelve (12) months from the effectivity of this Act water quality
guidelines after due consultation with the concerned stakeholder sectors: Provided, That the
Department, in coordination with appropriate agencies shall review said guidelines every five (5)
years or as need arises;
f) Review and set effluent standards every five (5) years from the effectivity of this Act or sooner as
determined by the Department: Provided, That in the interim, the provisions of DENR

Administrative Order No. 35 of the Department shall apply: Provided, further, That when new and
more stringent standards are set in accordance with this section, the Department may establish a
grace period with a maximum of five (5) years: Provided, finally, That such grace period shall be
limited to the moratorium on the issuance of cease and desist and/or closure order against the
industry's operations except in the event such operation poses serious and grave threat to the
environment, or the industry fails to institute retooling, upgrading or establishing an environmental
management system (EMS).
g) Establish within twelve (12) months from the effectivity of this Act, internationally-accepted
procedures for sampling and analysis of pollutants and in coordination with other concerned
agencies, formulate testing procedures and establish an accreditation system for laboratories;
h) Within eighteen (18) months from the effectivity of this Act and every two (2) years thereafter,
categorize point and non-point sources of water pollution;
i) Classify groundwater sources within twelve (12) months from the effectivity of this Act;
j) Classify or reclassify all water bodies according to their beneficial usages: Provided, that in the
interim, the provisions of DENR Administrative Order No.34 shall apply: Provided, further, that
such classification or reclassification shall take into consideration the operation of businesses or
facilities that are existing prior to the effectivity of the Act: Provided, furthermore, that the
Department may authorize the use of the water for other purposes that are more restrictive in
classification: Provided, finally, That discharges resulting from such use shall meet the effluent
standards set by the Department;
k) Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude,
extent, severity, causes, effects and other pertinent information on pollution, and to take measures,
using available methods and technologies to prevent and abate such pollution;
l) Exercise supervision and control over all aspects of water quality management;
m) Establish a cooperative effort in partnership with the government, LGUs, academic institutions,
civil society and the private sector to attain the objectives of this Act;
n) Disseminate information and conduct educational awareness and value formation programs and
campaigns on the effects of water pollution on health and environment, water quality management,
and resource conservation and recovery to encourage an environmentally action-oriented society
in coordination with government agencies identified in Section 22 (f);
o) Promote. and encourage private and business sectors especially manufacturing and processing
plants the use of water quality management systems equipment, including but not limited to,
industrial wastewater treatment collection and treatment facilities;
p) Report, on an annual basis, to Congress the, quality status of water bodies and other pertinent
information and recommend possible legislation, policies and programs for environmental
management and water pollution control;
q) Issue rules and regulations for the effective implementation of the provisions of this Act;
r) Issue orders against any person or entity and impose fines, penalties and other administrative
sanctions to compel compliance with water quality the provisions of this Act;
s) Undertake appropriate protocol with other concerned agencies for immediate coordinated
responses to water related emergency incidents;
t) Issue permits, clearances and similar instruments pursuant to this Act; and

u) Exercise such powers and perform such other functions as may be necessary to carry out the
objectives of this Act
The Department shall gradually devolve to the LGUs, and to the governing boards the authority to
administer some aspects of water quality management and regulation, including, but not to be limited to,
permit issuance, monitoring and imposition of administrative penalties, when, upon the Department's
determination, the LGU or the governing board has demonstrated readiness and technical capability to
undertake such functions.
SECTION 20. Role of Local Government Units. - Local government units shall share the responsibility in
the management and improvement of water quality within their territorial jurisdictions.
Each local government unit shall within six (6) months after the establishment of the water quality
management area action plan prepare a compliance scheme in, accordance thereof, subject to review and
approval of the governing board.
Each local government unit shall, through its Environment and Natural Resources Office (ENRO)
established in Republic Act No.7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality Management Action Plan;
d) To take active participation in all efforts concerning water quality protection and rehabilitation;
and
e) To coordinate with other government agencies and civil society and the concerned sectors in the
implementation of measures to prevent and control water pollution: Provided, however, That in
provinces/cities/municipalities where there are no environment and natural resources officers, the
local executive concerned may, with the approval of the Secretary of the DENR designate any of
his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his
employee:Provided, finally, That in case an employee is designated as such, he must have
sufficient experience in environmental and natural resources management, conservation and
utilization.
SECTION 21. Business and Industry Role in Environmental Management. - The Department and the
LGUs, in coordination with the appropriate government agencies. and in consultation with the business and
industrial sectors including commerce, shall formulate appropriate incentives for the adoption procedures
that will preserve and protect our water bodies through the introduction of innovative equipment and
processes that reduce if totally eliminate discharge of pollutants into our water bodies.
SECTION 22. Linkage Mechanism. - The Department and its concerned attached agencies including
LLDA shall coordinate and enter into agreement with other government agencies, industrial sector and
other concerned sectors in the furtherance of the objectives of this Act- The following agencies shall
perform tile functions specified hereunder:
a) Philippine Coast Guard in coordination with DA and the Department shall enforce for the
enforcement of water quality standards in marine waters, set pursuant to this Act, specifically from
offshore sources;
b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban
water utilities for the provision or sewerage and sanitation facilities and the efficient and safe
collection, treatment and disposal of sewage within their area of jurisdiction;

c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of
wastewater for irrigation and other agricultural uses and for the prevention, control and abatement
of pollution from agricultural and aquaculture activities: Provided, That discharges coming from
non-point sources be categorized and further defined pursuant to this Act: Provided, further, That
the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA shall be primarily responsible for
the prevention and control of water pollution for the development, management and conservation
of the fisheries and aquatic resources;
d) DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking
water quality standards;
e) DOST, in coordination with the Department and other concerned agencies, shall prepare a
program for the evaluation, verification, development and public dissemination of pollution
prevention and cleaner production technologies; and
f) Department of Education (DepEd), Commission Higher Education (CHED), Department of the
Interior and Local Government (DILG) and Philippine Information Agency (PIA) shall assist and
coordinate with the Department in, the preparation and implementation of a comprehensive
program pursuant to the objectives of this Act.
SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to
Documents. - The Department or its duly authorized representative shall, after proper consultation and
notice, require any person who owns or operates any pollution source or who is subject to. any requirement
of this Act to submit reports and other written information as may be required by the department.
Any record, report or information obtained under this section shall be made available to the public, except
upon a satisfactory showing to the Department by the, entity concerned that the record, report, or
information or parts thereof, if made public, would divulge secret methods or processes entitled to
protection as intellectual property. Such record, report or information shall likewise be incorporated in the
Department's industrial rating system. Pursuant to this Act, the Department, through it's authorized
representatives, shall have the right to: (a) enter any premises or to have access to documents and
relevant materials as referred to in the herein preceding paragraph; (b) inspect any pollution or waste
source, control device, monitoring equipment or method required; and (c) test any discharge.
In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its investigation, may enter
the premises of an establishment reported to have caused said incident.
SECTION 24. Pollution Research and Development Programs. - The Department, in coordination with
the Department of Science and Technology (DOST), other concerned agencies and academic research
institutions, shall establish a national research and development program for the prevention and control of
water pollution. As part of said program, the DOST shall conduct and promote the coordination and
acceleration of research, investigation, experiments, training, survey and studies relating to the causes,
extent, prevention and control of pollution among concerned government agencies and research
institutions.
CHAPTER 4
INCENTIVES AND REWARDS
SECTION 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, private
organization and entities, including civil society, that have undertaken outstanding and innovative projects,
technologies, processes and techniques or activities in water quality management. Said rewards shall be
sourced from the Water Quality Management Fund herein created.
SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of
encouraging LGUs, water districts (WDs), enterprises, or private entities, and individuals, to develop or
undertake an effective water quality management, or actively participate in any program geared towards
the promotion thereof as provided in this Act.

A. Non-fiscal incentive
1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and regulations of the
Board of Investments (BOI), industrial wastewater treatment and/or adoption of water pollution
control technology, cleaner production and waste minimization technology shall be classified as
preferred areas of investment under its annual priority plan and shall enjoy the applicable fiscal
and non-fiscal incentives as may be provided for under the Omnibus Investment Code, as
amended.
Fiscal Incentives
1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years upon the
effectivity of this Act, LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free
importation of machinery, equipment and spare parts used for industrial wastewater
treatment/collection and treatment facilities: Provided, That the importation of such machinery,
equipment and spare parts shall comply with the following conditions:
a) They are not manufactured domestically in sufficient quantity, of comparable quality and
at reasonable prices;
b) They are reasonably needed and will be used actually, directly and exclusively for the
above mentioned activities; and
c) Written endorsement by the Department that the importation of such machinery,
equipment and spare parts would be beneficial to environmental protection and
management: Provided, further, That the sale, transfer or disposition of such machinery,
equipment and spare parts without prior approval of the BOI within five (5) years from the
date of acquisition shall be prohibited, otherwise the LGU concerned, WD, enterprise or
private entity and the concerned vendee, transferee or assignee shall be solidarity liable
to pay twice the amount of tax and duty exemption given it.
2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity of this Act,
a tax credit equivalent to one hundred percent (100%) of the value of the national internal revenue
taxes and customs duties that would have been waived on the machinery, equipment, and spare
parts, had these items been imported shall be given to enterprises or private entities and
individuals, subject to the same conditions and prohibition cited in the preceding paragraph.
3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and donations to
LGUs, WDs, enterprises, or private entities and individuals, for the support and maintenance of the
program for effective water quality management shall be exempt from donor's tax and shall be
deductible from the gross income of the donor for income tax purposes.
Imported articles donated to, or for the account of any LGUs, WDs, local water utilities,
enterprises, or private entities and individuals to be exclusively used for water quality management
programs shall be exempted from the payment of customs duties and applicable internal revenue
taxes.
Industrial wastewater treatment and/or installation of water pollution control devices shall be
classified as pioneer and preferred areas of investment under the BOI's annual priority plan and
shall enjoy- the applicable fiscal and non-fiscal incentives as may be provided for under the
Omnibus Investment Code, as amended.
B. Financial Assistance Program
Government financial institutions such as the Development Bank of the Philippines, Land Bank of
the Philippines, Government Service Insurance System, and such other government institutions

providing financial services shall, in accordance with and to the extent allowed by the enabling
provisions of their respective charters or applicable laws, accord high priority to extend financial
services to LGUs, WDs, enterprises, or private entities engaged in sewage collection and
treatment facilities.
C. Extension or Grants to LGUs
Cities and municipalities which shall establish or operate sewerage facilities may be entitled to receive
grants for the purpose of developing technical capabilities.
CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into
the water bodies or along the margins of any surface water, where, the same shall be liable to be
washed into such surface water, either by tide action or by storm, floods or otherwise, which could
cause water pollution or impede natural flow in the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that
would pollute groundwater. In the case of geothermal projects, and subject to the approval of the
Department, regulated discharge for short- term activities (e.g. well testing, flushing,
commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided,
That safety measures are adopted to prevent the contamination of the groundwater;
c) Operating facilities that discharge regulated water pollutants without the valid required permits
or after the permit was revoked for any violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or
safety of individuals on board the vessel is threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined
under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under
Republic Act No.6969;
g) Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or
wherein the same shall be liable to be washed into such surface, ground, coastal, and marine
water;
h) Undertaking activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its implementing
rules, and regulations;
i) Discharging regulated water pollutants without the valid required discharge permit pursuant to
this Act or after the permit was revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action
Plan. In such a case, sanctions shall be imposed on the local government officials concerned;
k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;

l) Refusal to allow access by the Department to relevant reports and records in accordance with
this Act;
m) Refusal or failure to submit reports whenever required by the Department in accordance with
this Act;
n) Refusal or failure to designate pollution control officers whenever required by, the Department in
accordance with this Act; and
o) Directly using booster pumps in the distribution system or tampering with the water supply in
such a way as to alter or impair the water quality.
SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any person who
commits any of the prohibited acts provided in the immediately preceding section or violates any of the
provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, upon the
recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor more
than Two hundred thousand pesos (P200,000.00) for every day of violation. The fines herein prescribed
shall be increased by ten percent (10%) every two (2) years to compensate for inflation and to maintain the
deterrent function of such fines: Provided, That the Secretary, upon recommendation of the PAB may order
the closure, suspension of development or construction, or cessation of operations or, where appropriate
disconnection of water supply, until such time that proper environmental safeguards are put in place and/or
compliance with this Act or its rules and regulations are undertaken. This paragraph shall be without
prejudice to the issuance of an ex parte order for such closure, suspension of development or construction,
or cessation of operations during the pendency of the case.
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by
imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than Fifty
thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day for
each day of violation. Such failure or refusal which results in serious injury or loss of life and/or irreversible
water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of
not less than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred
Thousand Pesos (P500,000.00) per day for each day during which the omission and/or contamination
continues.
In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper
government agencies file criminal charges against the violators. Gross violation shall mean any of the
following:
a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic
amounts;
b) five {5) or more violations within a period of two (2) years; or
c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals
or operating despite the existence of an order for closure, discontinuance or cessation of
operation.
In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of violation or
imprisonment of not less than six {6) years but not more than ten {10) years, or both, at the discretion of the
court. If the offender is a juridical person, the president, manager and the pollution control officer or the
official in charge of the operation shall suffer the penalty herein provided.
For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in
pursuance thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00)
nor more than One million pesos (P1,000,000.00) or by imprisonment of not less than one {1) year nor
more than six (6) years or both, for each offense, without prejudice to the civil liability of the offender in

accordance with existing laws. If the offender is a juridical entity, then its officers, directors, agents or any
person primarily responsible shall be held liable: Provided, That any vessel from which oil or other harmful
substances are discharged in violation of Section 4 of Presidential Decree No.979 shall be liable for penalty
of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of the
Philippines may be withheld until the fine is paid and such penalty shall constitute a lien on such vessel
which may be recovered in proceedings by libel in rem in the proper court which the vessel may be. The
owner or operator of a vessel or facility which discharged the oil or other harmful substances will be liable
to pay for any clean-up costs.
Provided, finally, That water pollution cases involving acts or omissions --- committed within the Laguna
Lake Region shall be dealt with in accordance with the procedure under R. A. No.4850 as amended.
SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality
Management Area Action Plan. - Local government officials concerned shall be subject to Administrative
sanctions incase of failure to comply with their action plan accordance with the relevant provisions of R.A.
No. 7160.
CHAPTER 6
ACTIONS
SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings in the proper forum against any person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to such standard or
limitation.
CHAPTER 7
FINAL PROVISIONS
SECTION 31. Appropriations.- An amount of One hundred million pesos (P100,000,000.00) shall be
appropriated from the savings of the National Government to the Department for the initial implementation
of this Act. Thereafter, the amount necessary to effectively carry out the provision of this Act shall be
included in the General Appropriations Act of the year following its enactment into law and thereafter.
SECTION 32. Implementing Rules and Regulations. - The Department, in coordination with the
Committees on Environment and Ecology of the Senate and the House of Representatives, respectively
and other concerned agencies shall promulgate the implementing rules and regulations for this Act, within
one (1) year after the enactment of this Act: Provided. That rules and regulations issued by other
government agencies and instrumentalities for the prevention and/or abatement of water pollution not
inconsistent with this Act shall supplement the rules and regulations issued by the Department, pursuant to
the provisions of this Act.
The draft of the implementing rules and regulations shall be published and be the subject of public
consultations with affected sectors.
There shall be a mandatory review of the implementing rules and regulations and standards set pursuant to
the provisions of this Act.
SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and to review the
implementing rules and regulations promulgated by the Department. The Committee shall be composed of
five (5) Senators and five; (5) Representatives to be appointed by the Senate President and the Speaker of
the House of Representatives, respectively. The Oversight Committee shall be co-chaired by the

Chairpersons of the Committee on Environment of the Senate and the Committee on Ecology of the House
of Representatives.
SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act Nos.
6969 and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby amended and
modified accordingly. All other laws, orders, issuance, rules and regulations inconsistent herewith are
hereby repealed or modified accordingly.
SECTION 35. Separability Clause. - If any provision of this Act or the application such provision to any
person or circumstances is declared unconstitutional, the remainder of the Act or the application of such
provision to other person or circumstances shall not be affected by such declaration.
SECTION 36. 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.

PRESIDENTIAL DECREE No. 96 January 13, 1973

DECLARING UNLAWFUL THE USE OR ATTACHMENT OF SIRENS, BELLS, HORNS, WHISTLES OR
SIMILAR GADGETS THAT EMIT EXCEPTIONALLY LOUD OR STARTLING SOUNDS, INCLUDING
DOMELIGHTS AND OTHER SIGNALLING OR FLASHING DEVICES ON MOTOR VEHICLES AND
PROVIDING CERTAIN EXCEPTIONS THEREFOR
WHEREAS, Presidential Proclamation No. 1081 envisioned, among other goals, the bringing about of a
social order characterized by a high state of discipline and order among the citizenry;
WHEREAS, much of the chaotic conditions from which our people have suffered and still continue to suffer
are the direct result of indiscriminate and unregulated use of sirens, bells, horns, whistles and similar
gadgets that emit exceptionally loud or startling sounds, including domelights and other similar signalling or
flashing devices attached to motor vehicles and used on the highways;
WHEREAS, it has been observed that such unregulated use of sirens, bells, horns, whistles or similar
gadgets that emit exceptionally loud or startling sounds, including domelights and similar signalling or
flashing devices actually impede and confuse traffic, are inconsistent with sound traffic discipline and
control on the highways, and in effect constitute a major problem in the maintenance of peace and order;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, pursuant to Proclamation
No. 1081, dated September 21, 1972, and in my capacity as Commander-in-Chief of all the Armed Forces
of the Philippines, do hereby order and decree:
1. That it shall be unlawful for the owner or possessor of any motor vehicle to use or attach to his
vehicle any siren, bell, horn, whistle, or other similar gadgets that produce exceptionally loud or
startling sound, including domelights, blinkers and other similar signalling or flashing devices.
2. The gadgets or devices mentioned above may be attached to and use only on motor vehicles
designated for official use by the Armed Forces of the Philippines, National Bureau of
Investigation, Land Transportation Commission, Police Departments, Fire Departments, and
hospital ambulances.
Any device or gadget installed or mounted on any motor vehicle or otherwise used in violation of this
decree shall be subject to immediate confiscation and, in cases of a second and subsequent offenses, the
offender shall be prosecuted for violation of this Decree before the military tribunal and, upon conviction
thereof, shall suffer the penalty of imprisonment for six months and/or a fine of 600 pesos. In addition, the
certificate of registration of the motor vehicle on which the unauthorized gadget or device herein mentioned
is installed, mounted or used shall be cancelled or revoked.

The Commissioner of Land Transportation shall draw and promulgate such rules and regulations necessary
to give effect to this Decree.
Done in the City of Manila, this 13th day of January, in the year of Our Lord, nineteen hundred and seventythree.