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