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Law on Natural Resources and Environment

A Case Study

Submitted to:

Atty. Jack Miranda

Submitted by:

De Guzman, Erika Bianca S.

Paragas, Carla Louise F.

Sarmiento, Eloiza Faye A.

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Acknowledgement

The researchers would like to extend their heartfelt gratitude and deep appreciation to

the following persons who had been very significant for making this research paper

possible:

First and foremost, to our Almighty Father who has always been there for us to

continuously give us the strength, wisdom, knowledge and patience to finish this study;

for guiding us all throughout the study and has served to be our very inspiration that

amidst all hardships, He is there to help us. Thank you for all the blessings you have

poured onto us.

To our professor, Atty. Jack Miranda, thank you for the time and effort you have shown

to help us finish this study; For your guidance from the start of the study, for inculcating

the importance of our Natural Resources and Environment and its need for

preservation. We are very grateful for everything you have taught us.

Thank you to our parents who, in all ways, have been very supportive and

understanding to our needs as students of Law and for the fulfilment of this case study.

They have been financially, emotionally and spiritually supportive to us and we are

thankful to have them.

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To the University of the East College of Law, to our fellow classmates, friends and to

those people who had been very supportive, helpful, and understanding even in the

least way possible, we thank you for everything. God bless us all!

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Table of Contents

Introduction……………………………………………………………………...... 4

o Research Objectives

Study and Establish Air Pollution…………………………………………….. 7

o Causes of Air Pollution

o Sources and effects of common air pollutants

o Effects of Air Pollution

Health

Environment

Economic

Study of the Clean Air Act………………………………………………………. 19

Different Agencies involved in the Case Study……………………………... 22

• Review of Related Literature……………………………………………………. 33

Research Methodology………………………………………………………….. 41

Analysis…………………………………………………………………………….. 43

Conclusion/ Recommendation…………………………………………………. 46

o Solutions for Air pollution

Sources…………………………………………………………………………..... 55

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INTRODUCTION

Case Study: STU Corporation operates four (4) oil-fired boilers that produce steam for

sterilization and cooking in its candy manufacturing enterprise. In March 2005, stack

sampling of STU’s boilers resulted in emission exceedance of standards on Sulphur

Dioxides(SOx) and Nitrogen Dioxides(NOx) for three of its four stacks. After a technical

conference was conducted, the case was elevated to the Pollution Adjudication Board

(PAB). The PAB recommended that criminal charges to be filed against the STU

Corporation claiming that failure of its three stacks to meet the standards constituted

gross violation since three offenses were committed, one offense per stack. STU filed a

motion to dismiss with the PAB on the ground that its air pollution control facility is

covered by a valid permit to operate issued by the Environmental Management Bureau

and it has paid the permit fees. Further, STU claimed that offenses should refer to the

entity and not the act.

In the case at bar, it mentioned two of the major air pollutants monitored by the

Clean Air Act, which are Nitrogen Oxide (NOx) and Sulphur Dioxide (SOx). Nitrogen

Oxides are produced from burning fuels, gasoline and coal. It is a major contributor to

smog and acid rain. In high doses, smog can harm humans especially asthmatics and

can cause general illness of the respiratory system. Acid rain, on the other hand, can

harm vegetation and change the chemistry of the water thus affecting marine life. Sulfur

dioxide is an odorless gas at low concentrations, but can have a very strong smell at

high concentrations. It is a gas produced by burning coal, most notably in power plants.

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Some industrial processes, such as production of paper and smelting of metals,

produce sulfur dioxide. It can harm vegetation and metals and can cause lung

problems, including breathing problems and permanent damage to lungs.

Air pollution is one of the most serious environmental problems in urban areas

around the world. The rapid process of urbanization and extensive energy utilization

(mostly due to rapid economic expansion and population growth over the past few

decades) has made urban air pollution a growing problem. The air contains varying

levels of pollutants originating from motor vehicles, industry, housing, and commercial

sources. The effects of air pollution have multifaceted consequences for human welfare

in areas such as health, agriculture, and the ecosystem. Notably, numerous studies

have shown that air pollution adversely affects human health. It is well known that

criteria air pollutants (criteria pollutants are the non-toxic air pollutants which are

considered most responsible for urban air pollution and are known to be hazardous to

health), namely carbon monoxide (CO), nitrogen dioxide (NO2), particulates (the

concentration of particles of various sizes in the air can be measured as micrograms per

cubic meter- μg/m3. PM10and PM2.5 are expressed particles of sizes 10 μg and 2.5 μg or

less, i.e., PM10 and PM2.5), sulfur dioxide (SO2), and ozone have serious impacts on

health. Epidemiological evidence supports an association between exposure to these

ambient air pollutants and various health effects, such as respiratory symptoms or

illness (e.g. asthma), impaired cardiopulmonary function, reduction of lung function, and

premature mortality. In particular, the most serious health impacts include a significant

reduction in life expectancy, and premature death, both of which are strongly linked to

exposure to PM. Although exposure to air pollution damages the health of everyone,

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numerous studies have shown that certain groups of vulnerable people (e.g. elderly

people, children, and those with underlying disease) are at greater risk of being affected

by air pollutants. Additionally, many recent health studies increasingly support the

hypothesis that poor indoor environment, tobacco smoke, and combustion emissions

not only cause respiratory and cardiovascular diseases, but may also cause premature

death

RESEARCH OBJECTIVES

The objectives of the research study are the following:

To study the contention of the STU Corporation

To determine the validity of the permit to operate issued by the Environmental

Management Bureau obtained by the STU Corporation

To study the different government bodies/ agencies involved and its partner

organizations

To strengthen the promulgation of the Clean Air Act

And lastly, to encourage the Filipino citizens to appreciate and protect our natural

resources and environment

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AIR POLLUTION

Every day, the average person inhales about 20,000 litres of air.  Every time we

breathe, we risk inhaling dangerous chemicals that have found their way into the air.

Air pollution includes all contaminants found in the atmosphere.  These

dangerous substances can be either in the form of gases or particles.

Air pollution can be found both outdoors and indoors.  Pollutants can be trapped

inside buildings, causing indoor pollution that lasts for a long time.

The sources of air pollution are both natural and human-based.  As one might

expect, humans have been producing increasing amounts of pollution as time has

progressed, and they now account for the majority of pollutants released into the air.

Air pollution has been a problem throughout history.  Even in Ancient Rome

people complained about smoke put into the atmosphere.

The effects of air pollution are diverse and numerous.  Air pollution can have

serious consequences for the health of human beings, and also severely affects

natural ecosystems.

Because it is located in the atmosphere, air pollution is able to travel easily.  As a

result, air pollution is a global problem and has been the subject of global cooperation

and conflict.

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Some areas now suffer more than others from air pollution.  Cities with large

numbers of automobiles or those that use great quantities of coal often suffer most

severely from problems of air pollution.

In the days before the proliferation of large cities and industry, nature's own

systems kept the air fairly clean. Wind mixed and dispersed the gases, rain washed the

dust and other easily dissolved substances to the ground and plants absorbed carbon

dioxide and replaced it with oxygen.

With increasing urbanisation and industrialisation, humans started to release

more wastes into the atmosphere than nature could cope with.

Since then, more pollution has been added to the air by industrial, commercial

and domestic sources. As these sources are usually found in major cities, the gases

that are produced are usually concentrated in the air around them. The adverse effects

of air pollution were graphically illustrated in London in 1952 when, in just a few days,

an estimated 4000 people died from effects of fine particle pollution.

It is when these concentrated gases exceed safe limits that we have a pollution

problem. Nature can no longer manage air pollution without our help.

In the Philippines, there are laws and agencies concerning the protection of our

natural resources. These laws and agencies provide guidelines as to how one person or

entity must conserve and protect our natural resources. The 1987 Constitution even

emphasized the importance of protecting our environment which stipulates that “The

State shall protect and advance the right of the people to a balanced and healthful

ecology in accord with the rhythm and harmony of nature.”

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CAUSES OF AIR POLLUTION

We cause air pollution directly through our use of electricity, fuels, and transportation.

We also cause air pollution indirectly, when we buy goods and services that use energy

in their production and delivery. Most of this air pollution we cause results from the

burning of fossil fuels, such as coal, oil, natural gas, and gasoline to produce electricity

and power our vehicles.

Carbon dioxide (CO2) is a good indicator of how much fossil fuel is burned and how

much of other pollutants are emitted as a result. Using carbon dioxide as an example,

the average family causes air pollution in the following ways:

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Other causes include;

1. Burning of Fossil Fuels: Sulfur dioxide emitted from the combustion of fossil

fuels like coal, petroleum and other factory combustibles is one the major cause of air

pollution. Pollution emitting from vehicles including trucks, jeeps, cars, trains, airplanes

cause immense amount of pollution. We rely on them to fulfill our daily basic needs of

transportation. But, there overuse is killing our environment as dangerous gases are

polluting the environment. Carbon Monooxide caused by improper or incomplete

combustion and generally emitted from vehicles is another major pollutant along with

Nitrogen Oxides that is produced from both natural and man made processes.

2. Agricultural activities: Ammonia is a very common by product from

agriculture related activities and is one of the most hazardous gases in the atmosphere.

Use of insecticides, pesticides and fertilizers in agricultural activities has grown quite a

lot. They emit harmful chemicals into the air and can also cause water pollution.

3. Exhaust from factories and industries: Manufacturing industries release

large amount of carbon monoxide, hydrocarbons, organic compounds, and chemicals

into the air thereby depleting the quality of air. Manufacturing industries can be found at

every corner of the earth and there is no area that has not been affected by it.

Petroleum refineries also release hydrocarbons and various other chemicals that pollute

the air and also cause land pollution.

4. Mining operations: Mining is a process wherein minerals below the earth are

extracted using large equipment’s. During the process dust and chemicals are released

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in the air causing massive air pollution. This is one of the reasons which are responsible

for the deteriorating health conditions of workers and nearby residents.

5. Indoor air pollution: Household cleaning products, painting supplies emit

toxic chemicals in the air and cause air pollution. Have you ever noticed that once you

paint walls of your house, it creates some sort of smell which makes it literally

impossible for you to breathe.

Sources and Effects of Common Air Pollutants

PollutantAnthropogenic

SourcesHealth Effects Environmental Effects

Ozone

(O3)

Secondary

pollutant formed by

chemical reaction

of VOCs and NOx

in the presence of

sunlight.

Breathing problems,

reduced lung function,

asthma, irritates eyes,

stuffy nose, reduces

resistance to colds and

infections, premature

aging of lung tissue.

Damages crops, forests, and

other vegetation; damages

rubber, fabric, and other

materials; smog reduces

visibility.

Nitrogen

Oxides

(NOx)

Burning of

gasoline, natural

Lung damage,

respiratory illnesses,

Ozone (smog) effects;

precursor of acid rain which

damages trees, lakes, and

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gas, coal, oil.

(Cars are a major

source of NOx.)

ozone (smog) effects.

soil; aerosols can reduce

visibility.

Acid rain also causes

buildings, statues, and

monuments to deteriorate.

Carbon

Monoxide

(CO)

Burning of

gasoline, natural

gas, coal, oil.

Reduces ability of

blood to bring oxygen

to body cells and

tissues.

 

Volatile

Organic

Compounds

(VOCs)

Fuel combustion,

solvents, paint.

(Cars are a major

source of VOCs.)

Ozone (smog) effects,

cancer, and other

serious health

problems.

Ozone (smog) effects,

vegetation damage.

Particulate

Matter

Emitted as particles

or formed through

chemical reactions;

burning of wood,

diesel, and other

fuels; industrial

Eye, nose, and throat

irritation; lung damage;

bronchitis; cancer;

early death.

Source of haze which

reduces visibility.

Ashes, smoke, soot, and dust

can dirty and discolor

structures and property,

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processes;

agriculture

(plowing, field

burning); unpaved

roads.

including clothes and

furniture.

Sulfur

Dioxide

(SO2)

Burning of coal and

oil, especially high-

sulfur coal;

industrial

processes (paper

manufacturing,

metal smelting).

Respiratory illness,

breathing problems,

may cause permanent

damage to lungs.

Precursor of acid rain, which

can damage trees, lakes, and

soil; aerosols can reduce

visibility.

Acid rain also causes

buildings, statues, and

monuments to deteriorate.

Lead

Combustion of

fossil fuels and

leaded gasoline;

paint; smelters

(metal refineries);

battery

manufacturing.

Brain and nervous

system damage (esp.

children), digestive

and other problems.

Some lead-containing

chemicals cause

cancer in animals.

Harm to wildlife and livestock.

Mercury Fossil fuel Liver, kidney, and Accumulates in food chain.

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combustion, waste

disposal, industrial

processes

(incineration,

smelting, chlor-

alkali plants),

mining.

brain damage;

neurological and

developmental

damage.

1. Respiratory and heart problems: The effects of Air pollution are alarming. They

are known to create several respiratory and heart conditions along with Cancer,

among other threats to the body. Several millions are known to have died due to

direct or indirect effects of Air pollution. Children in areas exposed to air

pollutants are said to commonly suffer from pneumonia and asthma.

2. Global warming: Another direct effect is the immediate alterations that the world

is witnessing due to Global warming. With increased temperatures worldwide,

increase in sea levels and melting of ice from colder regions and icebergs,

displacement and loss of habitat have already signalled an impending disaster if

actions for preservation and normalization aren’t undertaken soon.

3. Acid Rain: Harmful gases like nitrogen oxides and sulphur oxides are released

into the atmosphere during the burning of fossil fuels. When it rains, the water

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droplets combines with these air pollutants, becomes acidic and then falls on the

ground in the form of acid rain. Acid rain can cause great damage to human,

animals and crops.

4. Eutrophication: Eutrophication is a condition where high amount of nitrogen

present in some pollutants gets developed on sea’s surface and turns itself into

algae and adversely affects fish, plants and animal species. The green colored

algae that are present on lakes and ponds are due to presence of this chemical

only.

5. Effect on Wildlife: Just like humans, animals also face some devastating effects

of air pollution. Toxic chemicals present in the air can force wildlife species to

move to new place and change their habitat. The toxic pollutants deposit over the

surface of the water and can also affect sea animals.

6. Depletion of Ozone layer: Ozone exists in earth’s stratosphere and is

responsible for protecting humans from harmful ultraviolet (UV) rays. Earth’s

ozone layer is depleting due to the presence of chlorofluorocarbons, hydro

chlorofluorocarbons in the atmosphere. As ozone layer will go thin, it will emit

harmful rays back on earth and can cause skin and eye related problems. UV

rays also have the capability to affect crops.

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Natural sources of pollution include dust carried by the wind from locations with very

little or no green cover, gases released from the body processes of living beings

(Carbon dioxide from humans during respiration, Methane from cattle during digestion,

Oxygen from plants during Photosynthesis). Smoke from the combustion of various

inflammable objects, volcanic eruptions etc along with the emission of polluted gases

also make it to the list of Natural sources of Pollution. While looking at the man-made

contributions towards air pollution, smoke again features as a prominent component.

The smoke emitted from various forms of combustion like in bio mass, factories,

vehicles, furnaces etc. Waste used to create landfills generates methane that is harmful

in several ways. The reactions of certain gases and chemicals also form harmful fumes

that can be dangerous to the well-being of living creatures.

Health Effects of the Pollution We Cause

Exposure to emissions of lead, mercury, sulfur dioxide, particulate matter, carbon

dioxide, and ozone-forming nitrogen dioxides are hazardous to public health. Toxic

compounds, like mercury and lead, poison organ systems and can lead to brain

damage and death. In parts of the country where lakes and waterways have been

contaminated with mercury from electric power plants, fish are no longer safe to eat

because they, too, are contaminated with heavy metal pollutants. Other pollutants, like

ozone and particulate matter, cause respiratory and other health problems, particularly

in children and the elderly.

 

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Environmental Effects

Climate change on a global scale has been attributed to increased emissions of

carbon dioxide (CO2), a greenhouse gas. A global average temperature rise of only 1C

could have serious implications. Possible consequences include melting of polar ice

caps; an increase in sea level; and increases in precipitation and severe weather events

like hurricanes, tornadoes, heat waves, floods, and droughts. Indirect effects include

increases in infectious disease, weather-related deaths, and food and water shortages.

All these effects put a stress on ecosystems and agriculture, and threaten our planet as

a whole.

Other atmospheric effects of air pollution include urban smog and reduced visibility,

associated with ozone-forming nitrogen oxides and volatile organic compound

emissions. Sulfur dioxide and nitrogen oxides combine with water in the atmosphere to

cause acid rain, which is detrimental to forests and other vegetation, soil, lakes, and

aquatic life. Acid rain also causes monuments and buildings to deteriorate.

Economic Effects

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The effects of air pollution on human health and the environment have economic

impacts. According to the Healthy People 2000 report, each year in the United States:

The health costs of human exposure to outdoor air pollutants range from $40 to

$50 billion.

An estimated 50,000 to 120,000 premature deaths are associated with exposure

to air pollutants.

People with asthma experience more than 100 million days of restricted activity,

costs for asthma exceed $4 billion, and about 4,000 people die of asthma.

The Environmental Defense Fund (EDF) article, "Why is it Better to Buy Green

Electricity?” states that acid rain causes $6 billion a year in damage to crops, forests,

lakes, and buildings. The potential economic impact of global warming is estimated to

be in the billions of dollars. While green sources of electricity may cost more, they do

not incur the external costs of traditional fossil fuel-based generation. The EDF article

states that:

"Increasing reliance on green sources reduces financial risks such as future regulations,

taxes on greenhouse gases, and price fluctuations associated with fossil fuels. Green

resources increase U.S. energy self sufficiency, and thus economic security, by

reducing reliance on fossil fuel imports. They also help reduce current rapid depletion of

natural resources.

Green resources are a good source of jobs and income because they rely on local

labor, land, and resources. Rural communities would probably benefit the most from

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renewable energy development, as wind and biomass energy production is likely to take

place in rural areas."

CLEAN AIR ACT (RA 8749)

The Clean Air Act (RA 8749) is a comprehensive air quality management policy and

program, which aims to achieve and maintain healthy air for Filipinos. Its guiding

principles are the following:

1. Protect and advance the right of the people to a balance and healthful ecology in

accord with the rhythm and harmony of nature;

2. Promote and protect the global environment while recognizing the primary

responsibility of LOCAL GOVERNMENT UNITS to deal with environmental problems;

3. Recognize that the responsibility of cleaning the habitat and environment is primarily

are-based;

4. Recognize that a clean and healthy environment is for the good of all and should

therefore be the concern of all.

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THIS ACT PROVIDES MANAGEMENT OF QUALITY AIR THROUGH:

Designation of air sheds based on climate, weather, meteorology and topology which

affect the mixture and the diffusion of pollutants in the air, share common interests or

face similar development problems.

These air sheds are to be managed by the MULTI-SECTORALGOVERNING BOARDS

Chaired by the Secretary of the DENR with representatives from the LOCAL

GOVERNMENTS concerned, the private sector, people’s organization, NGOs and

concerned government agencies.

CLEAN AIR ACT COVERS THE FOLLOWING:

1. All potential sources of air pollution (mobile, point & are sources) must comply with

the provision of the law. All emissions must be within the air quality standards.

2. Mobile sources refer to vehicles Like CARS, TRUCKS, BUSES, JEEPNEYS,

MOTORCYCLES, TRICYCLES and VANS.

3. Point sources refer to stationary sources such as industrial firms and the

smokestacks of power pants, hotels and other establishments.

4. Area sources refer to sources of emissions other than above. This include

SMOKING, burning of garbage and dust from construction, unpaved grounds, etc.

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THE LOCAL GOVERNMENT UNITS ARE MANDATED TO IMPLEMENT THIS

PROVISION OF THE LAW. PENALTY TO VIOLATION OF THIS PROVISION OS SIX

(6) MONTHS AND ONE (1) DAY TO ONE (1) YEAR OF IMPRISONMENT OR A FINE

OF Php 10,000.00

In 1993, Laguna Lake Development Authority (LLDA) was attached to the DENR by

virtue of Executive Order No. 149, thereby adding to the mandate of the Department its

complete supervision.

In October 1993, by virtue of A.O. No. 90, the Project Management Office (PMO) on

Solid Waste Management under the Presidential Task Force on Waste Management

was created, with the DENR as the lead-executing agency. The PMO assists the Task

Force in the formulation of the necessary standards/guidelines and criteria for effective,

efficient and economical waste management.

In 1995, the passage into law of the Philippine Mining Act or R. A. No. 7942 restored the

line function of the Mines and Geo-Sciences Bureau.

On October 15, 1996, Executive Order No. 374 was issued creating the Presidential

Task Force on Water Resources Development and Management (PTFWRDM), chaired

by the Secretary of the DENR. PTFWRDM is tasked to coordinate the projects of

various government agencies and departments involved in water to ensure efficient

management and development of the country's water resources.

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Pursuant to the issuance of Executive Order No. 406 on March 21, 1997, the Philippine

Economic Environmental and Natural Resources Accounting (PEENRA) System was

institutionalized thus creating units within the organizational structure of the DENR,

NEDA and the NSCB. It is tasked to generate macro-indicators that shall reflect the

relationships and interactions between economy and the natural resources, and the

establishment of a reliable data base on social valuation estimates of environmental

services.

THE DIFFERENT AGENCIES INVOLVED IN THE CASE STUDY

Government Agencies

The principal environmental enforcement agency in the Philippines is the Department of

Environment and Natural Resources. DENR has six staff bureaus whose main functions

are to design policies, set standards, and serve as advisory units. The Environmental

Management Bureau (EMB) has authority over stationary emissions sources. The staff

bureaus have sectorial representatives in all 14 regional offices across the archipelago

performing regulatory functions, such as permitting, review of environmental impact

statements, compliance monitoring, and inspection.

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Prospective stationary sources of air emissions must secure permission to construct.

The construction authorization regulates the type and capacity of the pollution source

and the control equipment to be installed. In addition, environmentally critical projects

must submit an environmental impact statement and secure an environmental

compliance certificate. The certificate may impose conditions on the operation of a plant

to mitigate its environmental impact. A permit to operate must be renewed every year;

the current application fee is P1,200 per source. The permit-issuing process offers an

opportunity to institute a pollution-reporting requirement and assess emissions fees.

Issuance of orders to compel compliance with Presidential Decree 984 (Pollution

Control Act for Air Management) and adjudication of pollution cases are the functions of

the Pollution Adjudication Board, a quasi-judicial body chaired by the DENR secretary.

The board’s orders are executed by the regional offices, jurisdictional local government

units, and local police. Under each regional office are numerous provincial and

community environment and natural resources offices, which also handle public

complaint-driven surveillance, facility inspection, reviews of initial environmental

examinations, authorities to construct and permits to operate.

The Clean Air Act authorizes DENR and the Department of Transportation and

Communications (DOTC) to “design, impose and collect regular emissions fees” for

industrial sources. Fees collected are to be deposited in a special account established

by the national treasury and administered by DENR. The act further identifies the

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Environmental Management Bureau as the administrator of the Air Quality Management

Fund. This fund is to be used for environmental restoration and environmental

management of DENR, other agencies, and management of local airsheds.

Department of Environment and Natural Resources (DENR)

The history of the Department goes back as far as 1863 when by virtue of a Spanish

Royal Decree an office known as Inspection General de Montes was created in the

Philippines. Although that agency focused on forest administration in its generic terms

as dictated by the limited scope of services then required, nevertheless its functions and

responsibilities included several concerns related to the management of a wide range of

natural resources, such as forest inventory and protection, land classification,

watershed protection, water, biodiversity and mineral resources conservation.

In 1901, the Department of Interior was created vested with the powers and authority on

matters that included natural resources. The Department of Interior continued to exist

for about 15 years until November 18, 1916 when Act No. 2666 was enacted. The act

entitled "An Act to Reorganize the Executive Department of the Government of the

Philippine Islands" abolished the Department of Interior and transferred its functions and

authority to the Department of Agriculture and Natural Resources (DANR).

Under Act 2666, the DANR took "direct executive control, direction and supervision of

the Bureau of Agriculture, Bureau of Forestry, Bureau of Lands, Bureau of Science and

the Weather Bureau and all matters concerning hunting, fisheries, sponges and other

sea products and such others as may be hereafter assigned to it by law". The Bureau of

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Science was the result of the merger of the Mining Bureau and the Bureau of

Government Laboratories.

In 1932, a new reorganization act was passed, providing for the renaming of DANR to

Department of Agriculture and Commerce (DAC) and the addition of another bureau to

it - the Bureau of Commerce. It was also at this time that the Bureau of Agriculture was

split into the Bureau of Plant Industry and the Bureau of Animal Industry. This raised to

seven the number of bureaus in the former DANR.

A year later, by virtue of the same Act, the following entities were organized and placed

under the direct control and supervision of the Secretary of Agriculture and Commerce:

Divisions of Accounts and Property, Statistics and Publications, Mineral Resources,

Industrial Engineering, Home Economics and Navigation, Fish and Game

Administration, Fiber Inspection Service and Scientific Library Division.

During the period 1934 to 1938, the Divisions of Mineral Resources, Industrial

Engineering and Home Economics, Fish and Game Administration and Scientific Library

Division were placed under the Bureau of Science while the Division of Accounts and

Property was abolished. One highlight of this same period was the creation of the

Bureau of Mines (out of the erstwhile Division of Mineral resources) by virtue of

Commonwealth Act No. 136.

From 1938 up to the outbreak of the Second World War in 1941, other organizational

changes took place. The Fish and Game Administration was divided. The functions

relating to fish and fisheries went to the Division of Fisheries under the Office of the

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Secretary of DAC while those relating to game administration went to the Bureau of

Forestry. A new division called the Division of Soil Survey was created under C.A. No.

418 to undertake soil and agronomical survey and placed under the Office of the

Secretary. The Division of Statistics and Publications rose to become the Bureau of

Census and Statistics under the Office of the President. The Office of the Secretary was

reorganized into 3 divisions, namely: Administrative, Legal and Technical Divisions. The

Natural History Museum Division was transferred from the Bureau of Science to the

Office of the Secretary.

After the war, on July 1, 1945, the DAC was reconstituted on account of the changes

made by the Philippine Republic. A reorganization act in 1947 brought back the name

Department of Agriculture and Natural Resources but transferred the Bureau of

Commerce and Weather Bureau to a new Department of Commerce and Industry. The

Divisions of Fisheries and Natural History Museum were transformed into bureaus and

were placed under the Office of the President.

An enabling act in 1953 added the Bureau of Agricultural Extension to the DANR. On

this same year, the Office of Agricultural Information was established.

There were no major changes in the DANR's structure from 1954 to 1974. However, the

end of DANR came on May 17, 1974 when Presidential Decree No. 461 was issued

providing for the Department\'s reorganization into 2 departments, namely: the

Department of Agriculture (DA) and the Department of Natural Resources (DNR).

Under this set-up, the DNR took the following line bureaus and attached agencies:

Bureau of Forest Development (BFD), Bureau of Mines (BM), Bureau of Lands (BL),

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Bureau of Fisheries and Aquatic Resources (BFAR), National Committee for Mineral

Exploration and Survey Operations (NACOMESCO), Presidential Committee on Wood

Industries Development (PCWID), Fishery Industry Development Council (FIDC),

Surigao Mineral Reservations Board (SMRB) and the Presidential Action Committee on

Land Problems (PACLAP).

Certain agencies were created later on and attached to the DNR. These were the

Forest Research Institute (FORI) established on December 8, 1974 under PD No. 607;

the Philippine Fish Marketing Authority (PFMA), on August 11, 1976 under PD No. 977;

the Natural Resources Management Center (NRMC), on October 25, 1976 under PD

NO. 1041; the National Environmental Protection Council (NEPC), on April 18, 1977

under PD No. 1121; and the Mineral Reservation Development Board (MRDB) taking

over the functions and powers of the abolished SMRB on February 1978 under PD NO.

1305.

With the shift to a parliamentary form of government in 1978, the DNR became the

Ministry of Natural Resources (MNR). A component arm, the Natural Resources

Development Corporation was started under Executive Order No. 786 in 1982.

In 1985, the concern on fish and fisheries was transferred to the Ministry of Agriculture,

leaving the MNR with only three (3) bureaus aside from the attached entities.

On January 30, 1987, Executive Order No. 131 was issued creating the Department of

Energy, Environment and Natural Resources (DEENR) that took the powers and

functions of the MNR and embraced the emerging critical concerns about energy and

environment. However, EO 131 was never implemented. Executive Order No. 192

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came out on June 10, 1987, reorganizing the DEENR and renaming it as the

Department of Environment and Natural Resources (DENR).

The main features of EO 192 were the transfer of the energy matters to the office of the

President and the decentralization of the bureaucracy by transforming the former line

bureaus to staff bureaus and transforming most of the line functions to the regional and

field offices. These features are in fact dramatic changes for they radically altered the

concept of the bureaucracy and for the first time moved to institutionalize the

decentralization of functions and authority within the Department.

In 1993, Laguna Lake Development Authority (LLDA) was attached to the DENR by

virtue of Executive Order No. 149, thereby adding to the mandate of the Department its

complete supervision.

In October 1993, by virtue of A.O. No. 90, the Project Management Office (PMO) on

Solid Waste Management under the Presidential Task Force on Waste Management

was created, with the DENR as the lead-executing agency. The PMO assists the Task

Force in the formulation of the necessary standards/guidelines and criteria for effective,

efficient and economical waste management.

In 1995, the passage into law of the Philippine Mining Act or R. A. No. 7942 restored the

line function of the Mines and Geo-Sciences Bureau.

On October 15, 1996, Executive Order No. 374 was issued creating the Presidential

Task Force on Water Resources Development and Management (PTFWRDM), chaired

by the Secretary of the DENR. PTFWRDM is tasked to coordinate the projects of

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various government agencies and departments involved in water to ensure efficient

management and development of the country's water resources.

Pursuant to the issuance of Executive Order No. 406 on March 21, 1997, the Philippine

Economic Environmental and Natural Resources Accounting (PEENRA) System was

institutionalized thus creating units within the organizational structure of the DENR,

NEDA and the NSCB. It is tasked to generate macro-indicators that shall reflect the

relationships and interactions between economy and the natural resources, and the

establishment of a reliable data base on social valuation estimates of environmental

services.

National Pollution Control Commission (NPCC)

Pollution Adjudication Board (PAB)

The Pollution Adjudication Board (PAB) is a quasi-judicial body created under Section

19 of Executive Order (E.O.) 192 for the adjudication of pollution cases.

The Board shall assume the powers and functions of the Commission/ Commissioners

of the National Pollution Control Commission (NPCC) with respect to the adjudication of

pollution cases under Republic Act 3931 and Presidential Decree 984.

The PAB is organizationally under the supervision of the Office of the Secretary of the

Department of Environment and Natural Resources (the DENR) with Secretariat support

provided by the Environmental Management Bureau (EMB).

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Power and function maybe delegated to the DENR Regional Officers in accordance with

rules and regulations of the Board

The Pollution Adjudication Board is created under the Office of the Secretary. The

Board shall be composed of the Secretary as the Chairman, Two (2) Undersecretaries

as may be designated by the Secretary, the Director of the Environmental Management

Bureau (EMB), the Three (3) others to be designated by the Secretary as members.

The Board shall assume the powers and functions of the Commission/ Commissioners

of the National Pollution Control Commission (NPCC) with respect to the adjudication of

pollution cases under Republic Act 3931 and Presidential Decree 984.

Environment Management Bureau (EMB)

The Environmental Management Bureau (EMB) is the national authority in the

Philippines that sets air and water quality standards and monitors ambient and point

source pollutants. It manages hazardous and toxic wastes under the Toxic Substances,

Hazardous and Nuclear Waste Control Act and implements the Philippine

Environmental Impact Assessment (EIA) system. To promote compliance with

environmental standards, EMB has innovated an approach to engage industry and

environmental agencies in voluntary self-regulation. Under the Philippine Environmental

Partnership Program, the EMB provides a suite of technical and regulatory assistance

as an incentive for industry to explore and implement cost-effective and sustainable

pollution management strategies. EMB has also made public participation and

transparency key elements of its EIA system, involving affected communities and

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stakeholders at various stages of project developments to ensure safe, smart, and

sustainable development.

Director of the Environmental Management Bureau (EMB), the three (3) others to be

designated by the Secretary as members. The Board shall assume the powers and

functions of the Commission/Commissioners of the National Pollution Control

Commission (NPCC) with respect to the adjudication of pollution cases under R.A. 3931

and P.D. 984. The PAB is organizationally under the supervision of the Office of the

Secretary of the DENR with Secretariat support provided by the EMB. Power and

function may be delegated to the DENR Regional Officers in accordance with rules and

regulations of the Board.

In support of the national and international commitments geared towards the attainment

of a more developed country balanced with a healthy environment that is conducive to

live in for the present and future generations, the Department’s Secretary Ramon JP

Paje. Focused on the implementation on the fourth major thrust which is the Climate

Change Mitigation and Adaptation Measures.

The Environmental Management Bureau (EMB) vigorously pursued thru the five (5)

environmental laws thru its Major Thrusts and Priority Activities implemented in CY

2009, which are the following:

1. Improve air quality (per RA 8749) and water quality (per RA 9275) in major Urban

Centres, to include Tuguegarao City;

2. Improve Management of Solid Wastes (RA 9003);

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3. Effective management of Toxic Substances and Hazardous Wastes (RA 6969);

4. Implement the streamlined EIS System (PD 1586);

5. Fast track the disposition of pending pollution cases;

6. Improve organizational performance to respond to the expanded mandate of the

Bureau.

The Partnership for Clean Air (PAC)

The Partnership for Clean Air, Inc. (PCA) is a multi-sector network in the

Philippines with organizational members from government, civil society,

academic institutions and private sector. PCA’s mission is to promote air quality

management as a multi-stakeholder effort in the Philippines. PCA facilitates air

quality activities of members and stakeholders. It was launched in June 2001 and

incorporated as a non-stock, non-profit corporation in November 2003.

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REVIEW OF RELATED LITERATURE

According to the Bank's 2000 Annual Review, in Manila alone more than 4,000 Filipinos

die each year because of air pollution. The mortality figure is the third highest for a city

in the east Asian region after Beijing and Jakarta. Bangkok and Seoul were ranked 4th

and 5th.

A study published in Lancet showed that those living near a major road have a higher

risk of dying than the rest of the population. It concluded that long-term exposure to

traffic-released air pollution may shorten life expectancy.

Other studies also revealed that heart attacks, life-threatening heart rhythms, and

thickening of the blood can also be traced to exposure to air pollution. “To make it

clear: all these bodily changes spell doom for the Filipinos living in Metro Manila [and

other highly urbanized centers],” warned Dr. Willie T. Ong, a cardiologist who writes a

regular column for a national daily.

A recent WHO study found that 3.5 million people die early annually from indoor air

pollution (caused by wood fires and primitive stoves) and 3.3 million from outdoor air

pollution.

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“We now know that outdoor air pollution is not only a major risk to health in general, but

also a leading environmental cause of cancer deaths,” said Kurt Straif, head of the

monographs section, which is tasked with ranking carcinogens, of the International

Agency for Research on Cancer (IARC). “The air we breathe has become polluted with

a mixture of cancer-causing substances.”

Every little bit counts in the fight against air pollution. A study in Europe has found that

even very small cuts in pollution can benefit health. One recent study from Harvard

University found that people living in cities where air pollution decreased in recent years

saw their life expectancy increase an average of five months as a result of cleaner air.

Fresh air is invigorating. In his column, Dr. Richard G. Mendoza wrote: “Good quality

clean air may usually be found in abundance in natural outdoor environments,

especially around evergreen trees, green plants in mountains and forests, near moving

waters such as lakes, oceans, rivers, waterfalls and after rain.”

According to the World Health Organization (WHO), levels of lead in the air in Manila

are more than three times the established safety limit, and concentrations of suspended

particulate matter are also dangerously high. Other pollutants have not been measured.

A WHO report, Urban Air Pollution in Megacities of the World, warns that: “Megacities

could well see increases in their air pollution concentrations of levels as high as 75-

100%over the next decade.”

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According to Wikipedia, “Air pollution is the introduction into the atmosphere of

chemicals, particulates, or biological materials that cause discomfort, disease, or death

to humans, damage other living organisms such as food crops, or damage the natural

environment or built environment“.

According to the Lancet journal, air pollution caused by waiting in traffic increases the

chances of death caused due to heart attack.

"The environment secretary stressed...'We will be popularizing the use of electric

tricycles not only in Metro Manila but in other major cities. The ultimate aim is for our

country’s five million tricycles, of which 2.8 million are in Metro Manila, to become zero-

emission vehicles,' he said."

(from a Philstar.com article dated June 20, 2011 )

“Increased levels of air pollution are threatening the well being of city dwellers, and

imposing not just a direct economic cost by impacting human health but also

threatening long-term productivity (material and vegetation damage, quality of life,

reduced tourism to the country, discourage foreign investment, etc.),” the 2002 World

Bank report pointed out.

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An epidemiological study conducted by the University of the Philippines College of

Public Health, showed that the prevalence of chronic obstructive pulmonary disease

(COPD) is 32.5 percent among jeepney drivers, 16.4 percent among air-conditioned bus

drivers, and 13.8 percent among commuters.

In March 1999, the British Medical Journal quoted Dr. Miguel Celdran, a pediatrician at

the Makati Medical Center, saying: “About 90 percent of my patients have respiratory

illness, and we’re seeing babies as young as two months suffering from asthma. Twenty

years ago, this was unheard of.”

According to a World Bank study, poor air quality does not only threaten the people’s

well-being but also their productivity. The study revealed that filthy air costs the country

2,000 lives lost prematurely plus US$1.5 billion in lost wages and medical treatment. At

the then exchange rate of P53 to US$1 when the study was made, a whopping P79.5

billion was lost due to air pollution.

World Bank valued the 2,000 lives lost due to particulate matter at $140 million (or

P7.42 billion); 9,000 people suffering from chronic bronchitis at $120 million (or P6.36

billion); and 51 million cases of respiratory diseases at $170 million (or P9.01 billion).

“About 65 percent of drugs purchased by the health department every year were for

treatment for respiratory diseases,” Environmental Secretary Ramon Paje reported.

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World Health Organization (WHO) and United Nations Environment Program (Unep)

studies show that Metro Manila's air shed is one of the five dirtiest and most polluted in

the world, topped only by the metropolitan areas of Mexico City, Shanghai and New

Delhi. DENR eyes fines for air pollution

In lieu of the study, the researchers found different news articles such as the

article by DJ Yap of the Philippine Daily Inquirer published January 3rd, 2014. The

article shows how high the reading of PM 10 in Metro Manila last January 1st.

Regulating firecrackers to a few cities are not enough to stop air pollution. In a similar

article, entitled “DENR eyes fines for air pollution” Published in the Philippine Daily

Inquirer Jan. 3, 2014.

In terms of its effects, in an article written by Maria Cheng, according to the World

Health Organization, air pollution can cause cancer. It is the most important

environmental carcinogen. Cheng, Maria. “WHO agency: Air pollution causes cancer.”

Associated Press 17 Oct. 2013. Yahoo! News. Web. 22 Feb. 2014. In line with this, a

written article of Jeannette Andrade can be read wherein the author mentioned how

breathing in Metro Manila air is now risky citing the Department of Health as its sources.

Most non-communicable diseases are attributable to air pollution. Based on the 2006

National Emission Inventory of the Department of Environment and Natural Resources

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(DENR), 65 percent of air pollution comes from vehicles while 21 percent each comes

from stationary sources, such as factories and waste burning. Health Secretary Enrique

Ona said that the top 10 leading causes of mortality in 2008, three were NCDs related

to air pollution. He pointed out that based on the study, P52 million was lost due to

reduced work days of employees afflicted with acute lower respiratory

infection/pneumonia, COPD and cardiovascular diseases. The study also found that

P910 million was spent on hospitalization and medical expenses for the treatment of

NCDs. DENR Secretary Paje said Pollution Adjudication Boards might be able to help

set fines for LGUs that tolerate air pollution since RA 8749 provides that LGUs “shall

share the responsibility in the management and maintenance of air quality within their

territorial jurisdiction.” He said that the average hourly reading for particulate matter in

Metro Manila on Jan. 1 was 1,437 micrograms per cubic meter of air when the

maximum standard set by the WHO is only 150 ug per cubic meter. The study by the

UP College of Public Health showed that 32% of jeepney drivers surveyed had

emphysema, a long-term progressive disease of the lungs, while 16% of air-con bus

drivers and 14% of commuters surveyed also have the disease.

The effects of air pollution can be classified into several types, with the three

most important being damage to plant and animal life, damage to human health and

ecosystem disruption. This last effect has captured world attention because of the

impacts on local and regional climate and the potential danger of greenhouse gases.

The damaging effects of air pollutants on habitat and forests have been of great

concern especially in view of what has been learnt about the effects on European and

North American forests.

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Air pollution can affect humans in a number of ways, and thus represents a

health hazard. Because of this hazard, much attention has been given to human-related

health problems. Research has provided overwhelming evidence that high levels of

some air pollutants can be fatal to the very young, the old and those already weakened

by heart and lung disease. The two significant health impacts of air pollution are

premature mortality, largely from exposure to high levels of fine particulate matter, and

excess cases of chronic bronchitis and other respiratory disorders. Such impacts have

been determined through epidemiological research begun in industrial countries in the

1950s, but more work is increasingly being carried out in developing countries.

A worldwide review of 126 cities in which levels of particulates exceed WHO

guidelined estimated that 130,000 premature deaths and 50-70 million incidents of

respiratory illness occur each year due to air pollution (Maddison, 1997). In East Asia

alone, there are more than 10,000 deaths in Beijing, and 3000-6000 a year in Jakarta,

Seoul and Manila. In monetary terms, these costs total 28% of the urban gross

domestic product in Beijing, 8-30% in other Chinese cities, 7% in Manila and Bangkok

and 4% in Seoul. Comparable results have been reported in India (40,000 deaths),

Cairo (5000 deaths) and Mexico City (6400 deaths). Therefore, urban pollution is not

only a major health concern but also has significant economic implications.

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In developed countries, potentially fatal diseases may have been eliminated or at least

severely curtailed. As a result, the relative improvements have not been made, so the

importance of air pollution as a cause of mortality appears to be less.

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METHODOLOGY

The Researchers, in order to have a concrete analysis and in arriving to its

conclusions and recommendations, first, studied the given problem and dissected the

case.

In the Researchers’ understanding of the case, 2 main contentions of the STU

Corporation were set as a premise that would serve as a scope for the study.

For this particular case study, the Researchers’ used the interpretivism approach

wherein the study of the problem or certain phenomena in their natural environment is

key to the interpretivist philosophy, together with the acknowledgement that the

Researchers cannot avoid that the given case problem is subject to different

interpretations. Admittedly, in the given case problem, there may be many

interpretations of reality, but maintain that the interpretations themselves is a part of the

scientific knowledge.

In deriving with conclusions and recommendations, a case study or a compilation

of information particularly, information system research methodology was used. The

researchers used archival method as well as modern day technology. Data gathering,

from the research and study of laws related to the given problem, to research and study

of news articles, and jurisprudence which is further elaborated and included in the

Review of Related Literature.

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Retrospective studies where the researchers investigated the issue that has

occurred in the past, such studies most often involve secondary data collection, based

upon data available from previous studies or databases.Prospective studies seek to

estimate the likelihood of an event or problem in the future. Thus, these studies attempt

to predict what the outcome of an event is to be. General science experiments are often

classified as prospective studies because the experimenter must wait until the

experiment runs its course in order to examine the effects. Randomized controlled trials

are always prospective studies and often involve following a “cohort” of individuals to

determine the relationship between various variables.

Longitudinal study design with a touch of interpretivismwas also used, sincesome

longitudinal studies last several months, while others can last decades. The researchers

follow study subjects over a period of time with repeated data collection throughout.

Most are observational studies that seek to identify a correlation among various factors.

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ANALYSIS

In the pursuit of this study, the researchers found 2 contentions of the STU

Corporation;

1. That the STU Corporation obtained a valid permit to operate from the EMB

Under the Presidential Decree 984 section 4, the establishment of an Inter-

Agency Advisory Council, attached to the Commission, which shall be composed of

representatives designated by the Secretaries of the Department of Agriculture,

Health, Industry, Justice, Labour, Local Government and Community Development,

National Defence, Natural Resources, and Public Works, Transportation and

Communications; the heads of the Laguna Lake Development Authority, National

Economic and Development Authority, the National Science Development Board

and the Human Settlements Commission. The Commissioner shall head the Inter-

Agency Advisory Council Representatives from the private sector as may be

affected, may be invited to the deliberations of the Council. Under Section 6 of the

said decree, the Commission has the following powers and functions:

Adopt, prescribe, and promulgate rules and regulations governing the

procedures of the Commission with respect to hearings, plans,

specifications, designs, and other data for sewage works and industrial

waste disposal system, the filing of reports, the issuance of permits, and

other rules and regulations for the proper implementation and enforcement

of this Decree.

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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 waste, or for the installation or operation of

sewage works and industrial disposal system or parts thereof: Provided,

however, That the Commission, by rules and regulations, may require

subdivisions, condominium, hospitals, public buildings and other similar

human settlements to put up appropriate central sewerage system and

sewage treatment works, 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 provided with septic tanks or their equivalent. The Commission

may impose reasonable fees and charges for the issuance or renewal of

all permits herein required.

As provided in law, it is clear that the STU Corporation, though having obtained a

valid permit from the Environment Management Bureau, are still liable for violating

certain provisions in the Clean Air Act or RA 8749 as well as provisions found in

Presidential Decree 948.

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2. Whether there was a gross violation on the part of STU Corporation.

In the given case study, PAB recommended that criminal charges are to be filed

against the STU Corporation claiming that there is a failure of its three stacks to

meet the standards.

According to Section 48 of the Clean Air Act,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.

Basing it on what is provided in section 48 of the clean air act, it is clear

that STU Corporation showed gross violation.

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CONCLUSION/RECOMMENDATION

As a result, we plan to encourage cooperation and self-regulation. We therefore

conclude that we must focus primarily on pollution prevention rather than on control and

provide for a comprehensive management program for air pollution.

We recommend that the government and the authorities concerned to strengthen

its role in the following aspects:

Air Quality Monitoring. From being one of the most polluted cities in Asia in

terms of suspended particulates, Metro Manila has attained a remarkable

improvement in air quality.

Done through the Metro Manila Air shed Ambient Air Quality Monitoring Network, air

quality is monitored by EMB-DENR to generate necessary information in formulating a

comprehensive air pollution management and control program for the country. Having

started its operations in October 2003, the Monitoring Network consists of ten automatic

stations that measure real time concentrations of Particulate Matter 10 (PM10) – small

solid and liquid particles suspended in the air and include dust, smoke, metallic and

mineral particles, soot, mist, and acid fumes. The Network also measures both criteria

pollutants (sulfur dioxide, nitrogen oxides, carbon monoxide, particulate matter and

ozone) and non-criteria pollutants (benzene, toluene, and xylene).

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Emissions testing of motor vehicles prior to registration. The requirement

for motor vehicles to pass an emission test prior to registration has been

implemented in January 1, 2003. Since then, Certificates of Conformity for new

motor vehicles are being issued by EMB-DENR to manufacturers or importers of

motor vehicles to signify compliance with the numerical emission standards set

by the IRR of the CAA. EMB-DENR also issues certificates for emission test

equipment to ensure that the equipment of Private Emission Testing Centers

(PETCs) and the Land Transportation Office (LTO) emission testing centers

conform with the specifications of the CAA. In 2004, the 377 PETCs nationwide

tested a total of 3,064,141 motor vehicles. Of all of the PETCs monitored in

Metro Manila, 76% have been recommended for cancellation of authorization. To

date, DENR has suspended the operations of 25 unscrupulous PETCs, all of

which had been caught red-handed issuing “no show” emission testing

certificates.

Anti-Smoke Belching. Remember crossing EDSA and not being able to

breathe? Buses and cars line up in traffic filling the whole stretch of EDSA with

smog. Along EDSA, smoke literally gets in our eyes.

In September 2003, the DENR, with other government agencies and NGOs launched

the Smoke-Free EDSA Campaign which aims to reduce the TSP level along EDSA by

20 percent at the end of 2003. The LTO reported a total of 20,261 apprehensions in

2003. In November 2004, the DENR intensified the LinisHangin Program with

components on BantayTambutso, BantayTsimineya and BantaySunogBasura which

seek to address the three major sources of air pollution: motor vehicles, factory, and

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area sources. A total of 37,391 diesel vehicles have been apprehended for smoke

belching in 2003 and 2004.

In 2004, there has been a 12% increase in compliant vehicles, and this year, from

January to July, 36% out of the 10,556 flagged down vehicles passed the emission

standards set in the CAA.

Emission test of stationary sources. It is not just motor vehicles that emit air

pollution. Often have we known people, particularly children, complaining of

health diseases out of the pollution emitted by factories in their respective

communities. In 2004, the DENR conducted emissions testing of 213 stacks in

103 different facilities in the Metro Manila Airshed.

The BantayTsimineya component of the LinisHangin Program intensified the monitoring

of industries especially along CAMANAVA (Caloocan, Malabon, Navotas, Valenzuela).

Of the 74 stack sampling tests conducted in the area, 50 have been issued Notices of

Violations (NOVs) and four Cease and Decease Orders (CDOs). Nationwide, 5,996

firms have been monitored, 602 stack sampling tests have been conducted, and 839

NOVs were issued in 2004. This year, from January to June, a total of 7,650 firms have

already been monitored, with 570 NOVs issued by the DENR.

Air shed designation. The DENR has designated a total of 16 air sheds in the

country including the four geothermal air sheds. This is in support of the country’s

Air Quality Control Action Plan, to come up with a system in terms of air quality

management. At present, sixteen air sheds have been designated: the Metro

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Manila air shed, which covers 17 cities and municipalities in Metro Manila,

Region III Central Luzon (excluding Nueva Ecija) and Region IV-A (excluding

Quezon province); the Northeastern Pangasinanairshed which covers Binmaley,

San Fabian, Lingayen, San Jacinto, Calasiao, Mangaldan, Binalonan, Malasiqui,

Laoac, Mapandan, Pozorrubio, San Carlos City, Sison, Sta. Barbara, Urdaneta

City, Dagupan City, San Manuel, and Manaoag; the Metro Tuguegarao

(PIESTTA) airshed; the Cordillera Autonomous Region (CAR) airshed covering

Baguio City and the municipalities of La Trinidad, Itogon, Sablan, and Tuba

(BLIST); the Iloilo City airshed; the Naga City airshed; the Metro Cebu airshed,

covering the municipalities of Naga, Minglanilla, Cordova, Consolacion, Liloan,

Compostella, and the cities of Talisay, Cebu, Mandaue, and LapuLapu; and the

Geothermal air shed which covers the geothermal areas in Leyte, Southern

Negros, Bacon-Manito.

Also designated are the Agusan del Norte air shed, which covers Buenavista,

Cabadbaran, Carmen, Jabonga, Kitcharo, Las Nieves, Magallanes, Nasipit, Santiago,

Tubay, and Remedios T. Romualdez; the Naga City airshed, covering Abella, Balatas,

Bagumbayan Norte, Lerma, Liboton, Bagumbayan Sur, Pacol, Sta. Cruz, Concepcion

Pequeña, Sabang, San Isidro, Dayangdang, Dinaga, Triangulo, Del Rosario, Tabuco,

Cararayan, Panicuason, Tinago, Igualdad, Peñafrancia, Clauag, San Felipe, and San

Francisco; the Cagayan de Oro City air shed, which covers the whole city and

municipalities of Jasaan, Villanueva, Tagoloan, Opol, and El Salvador; the Zamboanga

City airshed has been designated, covering the North-East-West Coast areas of the

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city; the Davao City airshed; the North Cotabato geothermal airshed; and the South

Cotabatoairshed.

Emissions Standards. The EMB set the maximum Hydrocarbon (HC) emissions

from motorcycles and tricycles at 7,800 parts per million (ppm) for those

operating in urban centers and 10,000 ppm for those operating in rural areas or

outside of the urban centers [DENR Administrative Order (DAO) No. 2003 – 25].

The Bureau also issued revised emissions standards for in-use gasoline-fed and

diesel vehicles (DAO 2003 – 51). At present, the DENR is working for the

development of a new Carbon Monoxide and Hydrocarbon emission standard for

motorcycles and tricycles, upon recommendations to harmonize the Philippine

emission regulations for motorcycles with the standards of other countries.

Fuels. In 2003, aromatics and benzene in gasoline have been reduced to 35%

and 2% by volume, and sulfur content of automative diesel fuel to 0.05% by

weight in 2004. A Technical Committee on Petroleum Products and Additives

was created by the Department of Energy, formulating standard specifications for

diesel, two-stroke (2T) lubricating oil, and Coco-Methyl Esters (CME) for blending

with diesel.

Alternative Fuels. The use of alternative fuels such as the biodiesel,

compressed natural gas (CNG), liquefied petroleum gas (LPG), alcogas, al-gas,

at alco-diesel are being pushed by the government, through the Clean Air Act.

These fuels are environment-friendly, controlling smoke emissions from motor

vehicles. These days, oil price hikes are becoming more and more rampant,

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making the use of alternative fuels a very wise move to make. In fact,

government vehicles were required to use diesel fuel blended with 1% CME by

the Malacañang Memorandum Circular No. 55

Persistent Organic Pollutants (POPs) Elimination Program. Advancement in

science has brought about convenience for us in the fields of agriculture and

medicine, and even in the business. However, these conveniences took a high

price. The accumulation of chemical substances in the market has been proven

to have an adverse effect to us and to the environment.

The Philippine Senate through Senate Resolution No. 106 ratified the Stockholm

Convention on POPs on February 2, 2004. The resolution was submitted to the

Stockholm Convention Secretariat on February 27, 2004 and became legally binding on

May 27, 2004. The Convention is our avenue to manage and eventually eliminate

POPs.

LGU Initiatives. The effectiveness of all government projects lies upon the

proper implementation of the local governments. Best practices in terms of air

quality management include the interest-free loan project of the City Government

of San Fernando in La Union to operators of two-stroke tricycles for them to

replace their two-stroke tricycles with four-stroke. The city of Makati has banned

smoking in all public areas since 2003. Marikina City has dedicated 1.36

kilometers of its roads for bikeways using local funding and a US$ 50,000 grant

from World Bank. This initiative is now being replicated all across the metropolis.

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Tax Incentives. DENR extends assistance to industries installing pollution

control devices or retrofitting of existing facilities with mechanisms that reduce

emissions with the issuance of DAO 2004-53. This is aside from the Voucher

System being implemented by EMB, intended to help fund for the Refrigeration

and Air-con Service Shop Owners in the country for them to purchase the

necessary equipment which would ensure proper handling and maintenance of

air-condition and refrigeration equipment’s in homes and motor vehicles.

Air Quality Management Fund. The Air Quality Management Fund (DENR-

Department of Budget and Management Joint Circular No. 2004-1) is a special

account in the National Treasury to finance containment, removal, and clean-up

operations of the Government in air pollution cases, guarantee restoration of

ecosystems, and rehabilitate areas affected by CAA violators. The Air Quality

Management Fund is also needed to support research, enforcement, and

monitoring activities and capabilities of, as well as, to provide technical

assistance to relevant agencies.

Public Awareness. The Public Affairs Office (PAO) of the DENR and the

Environmental Education and Information Division (EEID) of the EMB, in

cooperation with selected partners from the air-related institutions, developed

multi-media materials and conducted training courses and fora on clean air. They

also spearheaded the launching activities for the Smoke-Free EDSA Campaign

in 2003 and the intensified LinisHangin program in 2004. These are just some of

the public awareness campaigns the government has undertaken to promote the

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importance of maintaining and having to breathe clean air. Information materials

are readily available at the EMB office, and lectures and symposia are regularly

conducted by the staff to ensure sustainability in terms of people’s knowledge of

the Clean Air Act. We still have a long way to go as we clean our air. The

government, as in all its projects, depends on the support of each and every one

of us. Now that we know what the government has done, we only have two

choices: to wear a gas mask, or, to help fight for clean air.

Throughout the research and study for this subject; we, the researchers, learned the

value and importance of our Natural Resources and Environment. The preservation and

protection of our environment however, is a collective effort. In line with this, the

researches have come up with different tips/solutions to avoid and reduce further

pollution of our Natural Resources and Environment:

1. Use public mode of transportation: Encourage people to use more and more

public modes of transportation to reduce pollution. Also, try to make use of carpooling. If

you and your colleagues come from the same locality and have same timings you can

explore this option to save energy and money.

2. Conserve energy: Switch off fans and lights when you are going out. Large

amount of fossil fuels are burnt to produce electricity. You can save the environment

from degradation by reducing the amount of fossil fuels to be burned.

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3. Understand the concept of Reduce, Reuse and Recycle: Do not throw away

items that are of no use to you. In-fact reuses them for some other purpose. For e.g.

you can use old jars to store cereals or pulses.

4. Emphasis on clean energy resources: Clean energy technologies like solar,

wind and geothermal are on high these days. Governments of various countries have

been providing grants to consumers who are interested in installing solar panels for their

home. This will go a long way to curb air pollution.

5. Use energy efficient devices: CFL lights consume less electricity as against

their counterparts. They live longer, consume less electricity, lower electricity bills and

also help you to reduce pollution by consuming less energy. Several attempts are being

made worldwide on a personal, industrial and governmental levels to curb the intensity

at which Air Pollution is rising and regain a balance as far as the proportions of the

foundation gases are concerned. This is a direct attempt at slacking Global warming.

We are seeing a series of innovations and experiments aimed at alternate and

unconventional options to reduce pollutants. Air Pollution is one of the larger mirrors of

man’s follies, and a challenge we need to overcome to see a tomorrow.

In the end, it is the citizen’s compliance that will make any law to be successful.

Enforcement of any law rests on the government but if we, the citizens, do not adhere to

it, we are not helping our government and are not helping our environment. Actions

always speak louder than words.

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SOURCES

Asian Development Bank. 1992. TA No. 1414-PHI: Study on vehicular emission

control planning in Metro Manila, 1991–1992. Program Newsletter, No. 26.

January.

Environmental and Natural Resource Accounting Project (ENRAP). 1996.

Philippines ENRAP, Phase III. Manila.

Ruzicka, I., A.L. Indab, and C.M. Rufo Jr. 2002. Coughing up for clean air:

Incentive-based approaches to controlling air pollution in Metro Manila. Manila:

Asian Development Bank.

management in the Metro Manila airshed, Philippines. Manila: Asian

Development Bank,

Torres, R. Subida, and H. Francisco. 1997. Urban air quality management

strategy in

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Asia: Metro Manila report. J. Shah, T. Nagpal, and C.J. Brandon, eds. Technical

Paper

No. 380. Washington, DC: World Bank.

Brandon, C., and R. Ramankutty. 1993. Toward an environmental strategy for

Asia.

World Bank , Discussion Paper No. 224.

World Bank Technical Paper No. 286, Energy Series.

Wijetilleke, L., and S. Karunartane. 1995. Air quality management:

Considerations for

developing countries. Washington, DC: World Bank.

Meier, P., and M. Munasinghe. 1994. Incorporating environmental concerns into

power sector decision making: A case study of Sri Lanka. World Bank

Environment Department

Working Papers, Number 6. Washington, DC: World Bank.

Washington, DC: World Bank.

———. 2000b. Seeing through the smoke: Choosing the best option for pollution

clean-up in the Philippines.

http://wwww.eepsea.org/publications/policybr3/ACF3F9.html

World Bank Technical Paper No. 387. Washington, DC: World Bank.

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(ENRAP) Inocencio, A., C. Rufo, and D. Ramirez. 1997. An assessment of

policies to control air pollution from motor vehicles in Metro Manila. Quezon City,

Philippines: Environmental and Natural Resources Accounting Project-Phase 4a.

Health Effects Institute. 2002. Understanding the health effects of components of

particulate matter mix—progress and next steps. http://www.healtheffects.org/.

Pope, C.A., et al. 1995. Particulate air pollution as a predictor of mortality in a

prospective study of U.S. adults. American Journal of Respiratory and Critical

Care Medicine 151: 669–

74.

——— 2002. Lung cancer, cardiopulmonary mortality, and long-term exposure to

fine

particulate air pollution. Journal of the American Medical Association 287: 1132–

41.

Schwartz, J., and D.W. Dockery. 1992. Particulate air pollution and daily mortality

in

Steubenville, OH. American Journal of Epidemiology 135: 12–19.

USEPA. 199. The Benefits and Costs of the Clean Air Act, 1990-2010.

Washington, D.C.: Office of Air and Radiation/Office of Policy

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Introduction to Air Pollution Science By Professor Department of Medicine

University of California Irvine Irvine California Robert F Phalen, Robert F. Phalen,

Robert N. Phalen p. 80-81

Araja, Rio. “Pollution fine eyed.” Manila Standard Today 5 Jan. 2014. Web. 22

Feb. 2014.

Air Pollution and the Forests of Developing and Rapidly Industrializing Regions

edited by John L. Innes, Abu Hassan Haron (page 28-29)

DJ, Yap. “DENR eyes fines for air pollution.” Philippine Daily Inquirer 3 Jan.

2014. Web. 22 Feb. 2014.

Andrade, Jeannette. “Breathing Metro Manila air now risky–DOH.” Philippine

Daily Inquirer 26 Feb. 2012. Web. 22 Feb. 2014.

Araja, Rio. “Pollution fine eyed.” Manila Standard Today 5 Jan. 2014. Web. 22

Feb. 2014.

GROUP 2

Subject: Law on Natural Resources and Environment

Schedule: Tuesdays, 7:30-9:30PM

LAW ON NATURAL RESOURCES AND ENVIRONMENT

DATE GROUP TIME TABLE

2/4/2014 Received the Case Study. Group Meet-Up

2/5/14- 2/21/14 Understanding of the problem

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  Data Gathering

  Reading of gathered materials

2/24/2013 Compilation of collected research

  Editing of the work

2/25/2014 Team Meeting

  Editing of the work

2/26/2014 Finalization

2/27/2014 Printing of the final output

  Preparation of the Presentation/Report

3/4/2014 Presentation

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