NEW CLEAN AIR ACT READY FOR FLOOR DELIBERATION
For: CustomsWeek Desk
attn: Inday Varona
c/o Bobby Nazareno
--------------------------
by: Terence Mordeno Grana
THE HOUSE Committee on Ecology chaired by Palawan Representative (Rep.) Vicente A. Sandoval, Committee on Appropriations chaired by Rizal Rep. Gilberto M. Duavit and Committee on Ways and Means chaired by Quezon Rep. Danilo A. Suarez have submitted to House Speaker Manuel Billar, Jr. House of ReprCommittee Report No. (CR No.) 141 on December 29, 1998, recommending to the Speaker the approval of House Bill (HB) No. 6216, entitled “An Act Providing for a Comprehensive Air Pollution Control Policy, and for Other Purposes,” in substitution of HB Nos. 129, 730, 1016 and 1121 which were introduced by Rep. Nereus Acosta of Bukidnon, Rogelio Sarmiento of Compostela, Leonardo Montemayor of ABA, Alex Bascug of Adugan del Sur, Ma. Amelita Villarosa of Occidental Mindoro, Ma. Catalina Loreto-Go of Leyte, Narciso Monfort of Iloilo, Ayong Maliksi of Cavite, Heherson Alvarez of Isabela, Dante Liban of Quezon City, Zenaida Ducut of Pampanga, Alfredo Abueg of Palawan, Marcial Punzalan of Quezon, Julita Villareal-Lorenzo and Ma. Elena Palma Gil of Davao Oriental.
The authors of the measure, which shall be known as the “Philippine Clean Air Act of 1998,” stated in their declaration of principles that recognizing that the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature is a fundamental right of the citizens inextricably linked to their basic right to life.
They added that, in order to survive as a people, the state will guarantee and protect the rights of the citizens to breathe clean air, equitably share in the use and enjoyment of all natural resources without depriving the future generations of their right to use and enjoy these resources, participate in the environmental policy formulation, planning, management, monitoring and enforcement activities of the state, participate in the decision-making process concerning development projects or activities that may have adverse impact on the environment.
Furthermore, they stated that the citizens should also be guaranteed in their right to be informed on the nature and extent of the potential hazard posed by a project, activity or event which include the community-right-to-know and be alerted of alarming rise in pollution level, accidental or deliberate release into the atmosphere of harmful or hazardous substances, the right to access to public or private records necessary for the complete assessment of environmental risks, the right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposistion of penal sanctions against violators of environmental laws, and the right to bring action in court for compensation of personal damages resulting from the adverse environmental impact of a project or activity.
Rep. Sandoval said in explaining the necessity of passing the measure: “ The concerns of air pollution, together with water and waste, are generally dealt with Presidential Decree (PD) No. 984 and the law, it being passed in 1976, is apparently deemed to be irrelevant and non-responsive to the demands of the present times.” Likewise, he also added that it being made too general, it expectedly cannot sufficiently meet the parameters on air pollution, hence translating loopholes in the implementation of the law. “Therefore, to address these loopholes, this measure (the Clean Air Act) which focuses on stationary/industrial and mobile sources, including fuel - is sought to be passed,” Sandoval explained.
One of the measure’s main objectives, as submitted by the committee, is the strengthening of the Environmental Mangement Burueau (EMB) of the Department of Environment and Natural resources (DENR) as the lead agency responsible for the comprehensive air pollution control program of the government. The measure also hopes to enlist the active participation of the local government units (LGUs) and other non-government organizations (NGOs) in the crusade against air pollution.
At the resumption of the sessions on January 18, 1999, after its Christmas break, the House is expected to immediately start deliberation of the measure on the floor with varied views and reactions pouring in from the legislators who have been opposing the bill.
It will be recalled that days before the 10th Congress of the Philippines adjourned sine die in July 1998, the Bicameral Conference Committee submitted Joint Conference Committee Report consolidating HB No. 8622 and Senate Bill (SB) No 2033 (the Clean Air Act of 1987) for ratification by both the House and the Senate. However, it was only Senate that ratified the report while the House failed to do so for lack of material time.
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attn: Inday Varona
c/o Bobby Nazareno
--------------------------
by: Terence Mordeno Grana
THE HOUSE Committee on Ecology chaired by Palawan Representative (Rep.) Vicente A. Sandoval, Committee on Appropriations chaired by Rizal Rep. Gilberto M. Duavit and Committee on Ways and Means chaired by Quezon Rep. Danilo A. Suarez have submitted to House Speaker Manuel Billar, Jr. House of ReprCommittee Report No. (CR No.) 141 on December 29, 1998, recommending to the Speaker the approval of House Bill (HB) No. 6216, entitled “An Act Providing for a Comprehensive Air Pollution Control Policy, and for Other Purposes,” in substitution of HB Nos. 129, 730, 1016 and 1121 which were introduced by Rep. Nereus Acosta of Bukidnon, Rogelio Sarmiento of Compostela, Leonardo Montemayor of ABA, Alex Bascug of Adugan del Sur, Ma. Amelita Villarosa of Occidental Mindoro, Ma. Catalina Loreto-Go of Leyte, Narciso Monfort of Iloilo, Ayong Maliksi of Cavite, Heherson Alvarez of Isabela, Dante Liban of Quezon City, Zenaida Ducut of Pampanga, Alfredo Abueg of Palawan, Marcial Punzalan of Quezon, Julita Villareal-Lorenzo and Ma. Elena Palma Gil of Davao Oriental.
The authors of the measure, which shall be known as the “Philippine Clean Air Act of 1998,” stated in their declaration of principles that recognizing that the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature is a fundamental right of the citizens inextricably linked to their basic right to life.
They added that, in order to survive as a people, the state will guarantee and protect the rights of the citizens to breathe clean air, equitably share in the use and enjoyment of all natural resources without depriving the future generations of their right to use and enjoy these resources, participate in the environmental policy formulation, planning, management, monitoring and enforcement activities of the state, participate in the decision-making process concerning development projects or activities that may have adverse impact on the environment.
Furthermore, they stated that the citizens should also be guaranteed in their right to be informed on the nature and extent of the potential hazard posed by a project, activity or event which include the community-right-to-know and be alerted of alarming rise in pollution level, accidental or deliberate release into the atmosphere of harmful or hazardous substances, the right to access to public or private records necessary for the complete assessment of environmental risks, the right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposistion of penal sanctions against violators of environmental laws, and the right to bring action in court for compensation of personal damages resulting from the adverse environmental impact of a project or activity.
Rep. Sandoval said in explaining the necessity of passing the measure: “ The concerns of air pollution, together with water and waste, are generally dealt with Presidential Decree (PD) No. 984 and the law, it being passed in 1976, is apparently deemed to be irrelevant and non-responsive to the demands of the present times.” Likewise, he also added that it being made too general, it expectedly cannot sufficiently meet the parameters on air pollution, hence translating loopholes in the implementation of the law. “Therefore, to address these loopholes, this measure (the Clean Air Act) which focuses on stationary/industrial and mobile sources, including fuel - is sought to be passed,” Sandoval explained.
One of the measure’s main objectives, as submitted by the committee, is the strengthening of the Environmental Mangement Burueau (EMB) of the Department of Environment and Natural resources (DENR) as the lead agency responsible for the comprehensive air pollution control program of the government. The measure also hopes to enlist the active participation of the local government units (LGUs) and other non-government organizations (NGOs) in the crusade against air pollution.
At the resumption of the sessions on January 18, 1999, after its Christmas break, the House is expected to immediately start deliberation of the measure on the floor with varied views and reactions pouring in from the legislators who have been opposing the bill.
It will be recalled that days before the 10th Congress of the Philippines adjourned sine die in July 1998, the Bicameral Conference Committee submitted Joint Conference Committee Report consolidating HB No. 8622 and Senate Bill (SB) No 2033 (the Clean Air Act of 1987) for ratification by both the House and the Senate. However, it was only Senate that ratified the report while the House failed to do so for lack of material time.
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7/19/2006 10:04:00 AM
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