VASQUEZ, GILBERT 2020-0002 (Clean Air Act)
VASQUEZ, GILBERT 2020-0002 (Clean Air Act)
Vasquez
2020 – 0002
NREL Sec. 65, Sat 1:00 – 4:00 pm
I was a bit surprised that RA 8749 or the Clean Air Act became a law since 1999 and yet more than
twenty years have already passed but we are still talking of the same problems which are causing air
pollution. It is alarming to know that US$ 87 billion potential revenues are lost each year due to air
pollution which accounts for 23% of the country’s Gross Domestic Products (GDP). It is saddening and
frustrating that we missed these kinds of opportunities at our doorstep to fix some of our woes. Imagine
what we can provide with that lost revenue, such as additional classroom, improved health services,
support system for farmers, among others. I agree with the expert who shared his thoughts on the current
status and problems in the implementation of the law that the steps to curb air pollution are doable. In
fact, the expert cited that 80% of air pollution are coming from motor vehicles. What is doubly troubling
is the fact that 90% of the pledge to cut down on air pollution are mostly conditional on financial aids
coming from abroad. I think our leaders who are involve in the enforcement and implementation of the
law are looking too far for solutions when I think the fixes are already available in the law itself.
The law was well-crafted with a primary consideration, according to Justice Agcaoili, that a clean
and health environment is for the good of all and should therefore be the concern of all. It tackles the
issue of air pollution from a macro perspective, with the State formulating and paving the way for a holistic
national program balanced with cooperation, participation, and self-regulation among citizens and
industries. It provides for preventive approaches rather than on control and give equal weight to public
information and education and formulate and enforce a system of accountability for the adverse
environmental impact of a project, program, or activity. On top of and beyond the institutional
mechanisms to implement and enforce the law, including the DENR as the lead agency, the DOTC to
implement the emission standards for motor vehicles, with all the regulations and specific measures in
law, such as Air Quality Monitoring and Information Network, Management of Non-Attainment Areas,
ban on incinerators, penalties for misfuelling, what I find most vital is the laws recognition of rights of
citizens under Section 4. Aside from this, there is also an urgent consideration under Section 43 of the
law which provides protection to citizens who filed an action as provided in Section 41, for the
investigating prosecutor or the court to determine if such action legal action has been filed to harass, vex,
exert undue pressure, or stifle such legal recourses of the person complaining of or enforcing the
provisions of this Act.
The law has come a long way since it was passed in 1999 but I think its success is not only
dependent on the government. The burden to curb air pollution also falls with the private sector. The law
specifically provides for the mandatory emission testing of motor vehicles as a requirement for annual
registration but its strict implementation at the local level is a different story. In my view, the provisions
of the law will be effective if they are combined with self-regulation and discipline of not only big
industries but also at the individual level. Industries must ensure that they are not too dependent on
fossil fuels for power and explore alternative and more environment-friendly sources. In terms of
infrastructure, our transport system must be built to encourage people to use less of their cars. Our roads
must be safe and pedestrian-friendly to encourage walking on short commute instead of using a car or
public transport. The objective of the law to have a clean and healthy environment is as much the
responsibility on the part of the government as it is of its citizens.