Providing For The Prevention, Control And Abatement Of Air Pollution From Motor Vehicles And For Other Purposes

Case Overview and Summary

Presidential Decree No. 1181

Purpose (Section 1):
- To prevent, control, and abate the emission of air pollution from motor vehicles to protect public health and welfare, and prevent property damage and hazards to land transportation.

Definitions (Section 2):
- "Motor Vehicle": Any vehicle propelled by gasoline, diesel, or other means, used for transporting people or goods on public roads. (Section 2a)
- "Air Pollutant": Any harmful or undesirable matter emitted into the atmosphere, including smoke, particles, gases, fumes, and odors. (Section 2b)
- "Pollution Control Device": Any device used to prevent, control, or abate air pollution from motor vehicles within established standards. (Section 2c)
- "Owner or Operator": Any person who owns, leases, controls, or operates a motor vehicle. (Section 2d)
- "Regulations": Any rule or regulation promulgated under this Decree. (Section 2e)

Prohibited Acts (Sections 3-5):
- It is unlawful for owners or operators to allow motor vehicles to discharge air pollutants above acceptable standards set by the National Pollution Control Commission (NPCC). (Section 3)
- Owners or operators cannot use or allow the use of motor vehicles that do not meet emission standards. (Section 4)
- No imported or locally manufactured motor vehicle can be sold, registered, or operated after the effective date of regulations unless it meets emission standards certified by the NPCC. (Section 5)

Pollution Control Devices (Section 6):
- Owners or operators of motor vehicles not meeting emission standards must install appropriate pollution control devices approved by the NPCC.

Rules and Regulations (Sections 7-11):
- The NPCC, in cooperation with other agencies, shall promulgate rules and regulations for implementing the Decree, including:
    1. Establishing maximum emission limits for all motor vehicle classes and models. (Section 7)
    2. Specifying required pollution control devices. (Section 7)
    3. Regulating the distribution, sale, registration, and use of motor vehicles. (Section 7)
    4. Specifying correct motor fuels for different engine types. (Section 7)
    5. Setting effective dates for certain rules and regulations. (Section 7)
    6. Requiring and specifying the life of certificates of compliance. (Section 7)
    7. Establishing procedures for hearings. (Section 7)
- The NPCC, in coordination with other agencies, shall ensure implementation and enforcement of the Decree and regulations. (Section 8)
- The NPCC may prohibit or restrict the use of motor vehicles in certain areas or times to protect health and ensure compliance with air quality standards. (Section 9)
- The NPCC shall coordinate with other agencies for preventing, controlling, and abating air pollution in traffic-congested areas. (Section 10)
- The NPCC shall be responsible for inspecting motor vehicles, testing emissions, verifying pollution control devices, and recommending withholding or suspending vehicle registration for non-compliance. It shall establish inspection centers and issue certificates of compliance. (Section 11)

Public Information Campaign (Section 12):
- The Land Transportation Commission, Board of Transportation, Department of Public Information, and National Media Production Center shall conduct a continuing public information campaign to encourage proper vehicle maintenance, operation, and other measures to minimize air pollution and promote energy conservation.

Hearing Procedures (Section 13):
- Violations shall be reported to or filed with the NPCC by any person or deputized agents within 24 hours of knowledge of the violation.
- A designated hearing officer shall have the authority to decide cases and impose penalties, with appeals to the NPCC Commissioner within 15 days, whose decision is final.

Penalties (Section 14):
- First offense: Fine not exceeding P200.00
- Second offense: Fine not exceeding P500.00
- Third and succeeding offenses: Fine not exceeding P1,000.00 plus suspension of vehicle registration until compliance.

Appropriations (Section 15):
- P15 million is appropriated yearly from the National Treasury for the NPCC's operating expenses in enforcing the Decree and regulations, and for the operation of inspection centers.

Repealing Clause (Section 16):
- Any inconsistent provisions of law, decrees, orders, rules, and regulations are repealed or modified accordingly.

Effectivity (Section 17):
- The Decree takes effect immediately.