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Pollution from Stationary

Sources
Ban on incinerations
• Incineration is the process of burning bio-medical and hazardous
wastes which emits poisonous and toxic fumes.
• Incineration is prohibited.
• Traditional, small-scale method of community or neighborhood
sanitation, known as “siga” is not prohibited.
• Local government units are mandated to promote, encourage and
implement in their respective jurisdiction a comprehensive ecological
waste management that includes waste segregation, recycling and
composting.
Pollution from Motor
Vehicles
Pollution from motor vehicles
• Department of Transportation and Communications implements the
emission standards for motor vehicles as pursuant to and as provided
by the Philippine Clean Air Act.
• Department of Environment and Natural Resources reviews, revises
and publishes the standards every two (2) years, or as the need
arises. It shall consider the maximum limits for all major pollutants to
ensure substantial improvement in air quality for the health, safety
and welfare of the general public.
Henares v. LTFRB
• The function of DOTC is limited to implementing the DOTC is limited
to implementing the emission standards set forth in RA 8749 and the
said law only goes as far as setting the maximum limit for the
emission of vehicles, but it does not recognize CNG as alternative fuel.
• The Court held that a writ of mandamus commanding respondents to
require PUVs to us CNG is unavailing since there is no law that
mandates the respondents LTFRB and the DOTC to order owners of
motor vehicles to us CNG.
Regulation of all vehicles and engines
• Any imported new or locally-assembled new motor vehicle shall not
be registered unless it complies with the emission standards set
pursuant to Philippine Clean Air Act, as evidenced by a Certificate of
Conformity (COC) issued by the Department.
• Any imported new motor vehicle engine shall not be introduced into
commerce, sold or used unless it complies with emission standards
set pursuant to the Act.
• Any imported used motor vehicle or rebuilt motor vehicle using new
or used engines, major parts or components shall not be registered
unless it complies with the emission standards set pursuant to the
Act.
Regulation of all vehicles and engines
• In case of non-compliance, the importer or consignee may be allowed
to modify or rebuild the vehicle or engine so that it will be in
compliance with applicable emission standards.
• No motor vehicle registration (MVR) shall be issued unless such
motor vehicle passes the emission testing requirement promulgated
in accordance with the Act.
• Such testing shall be conducted by the DOTC or its authorized inspection
centers within 60 days prior to date of registration.
• The DTI shall promulgate the necessary regulations prescribing the
useful life of vehicles, including regulations for ensuring the durability
of emission devices.
Ortigas & Co., Limited Partnership v. Feati Bank and Trust Co.

• Resolution No. 27, s-1960 declaring the western part of EDSA from Shaw
Boulevard to the Pasig River as an industrial and commercial zone, was obviously
passed by the Municipal Council of Mandaluyong, Rizal in the exercise of police
power to safeguard or promote the health, safety, peace, good order and general
welfare of the people in the locality.
• The lots themselves not only front the highway; industrial and commercial
complexes have flourished about the place. EDSA, a main traffic artery which runs
through several cities and municipalities in the Metro Manila area, supports an
endless stream of traffic and the resulting activity, noise and pollution are hardly
conducive to the health, safety or welfare of the residents in its route. Having
been expressly granted the power to adopt zoning and subdivision ordinances or
regulations, the municipality of Mandaluyong, through its Municipal 'council, was
reasonably, if not perfectly, justified under the circumstances, in passing the
subject resolution.

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