In many ways man has made his environment much more hospitable in the past few centuries, but in some ways he has made it more hostile.  Overpopulation and industrialization have contributed in various ways to the general deterioration of the environment upon which man depends for life.  Only relatively recently has man been made somewhat aware of the harmful effects of the ever-increasing number of biologically active substances that he has produced and exposed himself to—substances with which Homo Sapiens has had no evolutionary experience and against which human cells have evolved no natural defenses.

 Direct threats to human health are the most obvious aspect of environmental deterioration, and of these direct threats the phenomena commonly lumped under the term “pollution” are the most widely discussed.  Pollutants reach us through the air we breath, the water we drink, and the food we eat.  But these direct threats are not the only ones; they are merely the most obvious.  Less obvious are the indirect effects of mankind’s activities on the Earth’s ecosystems- those complex environmental systems upon which the existence of all human life ultimately depends.  (Population, Resources, Environment Issues in Human Ecology, p, 118)
 
The form of pollution that most of us are aware of is Air pollution.  Those of us who live in or near cities can see it, and we can feel it when it burns our eyes and irritates our lungs.  Virtually every major metropolis of the world has serious air-pollution problem and Davao City is not an exception. 

 Davao City has a total land area of 244,000 hectares or 2,440 square kilometers.  In terms of land area, 
Davao City is the largest city in the world.   Davao City is caught in the vast sweep of urbanization and is in the present continues to be experiencing a rather fast economic changes.  Consequently, many economic and social factors are being sacrificed in order to fast-pace the progress of the City and one of the social factors being sacrificed by our government is the environmental aspect. Our forests are being sacrificed through cutting of trees and as a result, we are now experiencing floods.  Industries mushroomed in our country to promote industrialization and to compete globally notwithstanding its effect on our health primarily because the fumes it emit aggravates the worsening problem on air pollution. 

Urban air pollution is a serious environmental problem afflicting many countries today.  Many sources contribute to air pollution, but, in most cities, transportation is the single largest contributor.  Car, trucks, buses and motorcycles emit significant quantities of carbon monoxide, hydrocarbons, nitrogen oxides, sulfur oxides, suspended particulate matter and lead.

 At the local level, these pollutants impair health, destroy vegetation, and damage the overall quality of life.  The great number of vehicles in congested urban areas, combined with poor driving conditions and dense urban surroundings, cause a large overall volume of pollutants to be directly inhaled by inhabitants.  

Health-related impacts are severe, especially in very old and young people.  (Assessment of Transportation Growth in Asia and its Effects on Energy Use, the Environment, and Traffic Congestion: A  Case Study of Bangkok, Thailand)

 In a city such as Davao, problem on pollution would inevitably arise and would definitely pose a very serious problem to its populace.  Motor vehicles in Davao City are definitely factors of air pollution problem.  From 1987 up to the year 2000, the number of vehicles in the area has been increasing continuously, from 27,140 registered vehicles to 72,863 registered vehicles.  (National Statistics Office, Davao City Factbook and LTO)

Fortunately, as a flourishing city, it would not find it that difficult to regulate such upsurging problem on air pollution.  One of the bravest steps taken by our government to minimize and regulate the problem of air pollution was the implementation of the Republic Act No. 8749 otherwise known as the Philippine Clean Air Act of 1999.

The Philippine Clean Air Act of 1999 wishes not only to minimize the problem on air pollution to urbanized cities but also to prevent the proliferation of the problem to those areas which are not so much affected. 
Section 3 of the law provides that the “State shall pursue a policy of balancing development  and environmental protection.  To achieve this end, the frame work for sustainable development shall be pursued.  

It shall be the policy of the State to:

a.]  Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;
b.]  Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
c.]  Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
d.]  Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and
e.]  Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity.  This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.

OBJECTIVES

 The undertakings of this study were guided by the following objectives:
1.  to know the present situation of Davao City on air pollution;
2.  to know the participation of motor vehicles to air pollution;
3.  to formulate an action plan to effectively implement the Philippine Clean Air Act of 1999;
4.  to promote public information and to encourage the participation of an informed and active public in air quality planning and monitoring;

SIGNIFICANCE OF THE STUDY

 The researchers acknowledged the need to study this matter subject because of the growing problem of air pollution in the Philippines .  This study could enhance the awareness of the people regarding our problem in air pollution and our present situation here in Davao City. This study will also encourage our government to work hard in implementing the Clean Air Act since it would realize that the public were already aware of the effects of the problem especially to our health as well as to our country. This could also be used as a reference by the different regional and local agencies working towards the development and improvement of the overall situation of the city and eventually the Mindanao.  The Local Government of Davao could also use this as a bedrock for policy formulation and implementation in order to boost the economic performance of the city further and improve the situation of our City.

SCOPE AND LIMITATION

 This study was conducted in Davao City since the study focused on a localized implementation of Philippine Clean Air Act of 1999 and for convenience, the group has chosen Davao City as its subject matter.  Since the Clean Air Act of 1999 is wider in scope, the group decided to limit its study  to the effective implementation of Section 21 of the Clean Air Act of 1999 which specifically focused on regulation of motor vehicle.  The group specifically focused on motor vehicles since these are major factors of the aggravating problem on air pollution and studies revealed that indeed transportation is the number one factor of air pollution. The fumes it emitted contribute and even exacerbate the problem on air pollution.
 
This study is also limited to the formulation of an action plan in order to effectively implement and put into force the law particularly the provisions which provide for the regulation of motor vehicle. 
 

ACTION PLAN

 The Department of Transportation and Communication (DOTC), through the Land Transportation Office(LTO), is the agency authorized to conduct roadside inspection of motor vehicles to enforce compliance with the emission standards for motor vehicles set pursuant to and as provided under Section 21 
(A) of Republic Act 8749, otherwise known as The Philippine Clean Air Act.
  
For this purpose, the DOTC/LTO may deputize qualified government employees, LGUs and government agencies to conduct roadside inspection and to apprehend vehicles which do not comply with the emission standards set forth under RA 8749.
 
The powers of the DOTC/LTO, as set forth under RA 8749 Sec. 21(B), and which may be delegated are as follows:

a. Inspect and monitor the emissions of motor vehicles;
b. Reject the renewal of car registration of violators until it has complied with the emission standards. 
c. Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and
d. Authorize private testing emission testing centers duly accredited by the DTI.
 
II - The DOTC/LTO and the LGU shall have the following  functions, duties and  responsibilities :

1. The DOTC/LTO delegates the authority to conduct roadside inspection and monitoring the emissions of motor vehicles to the LGU, through the City Environment and Natural Resources Office and the traffic management group, to ensure that vehicles comply with the in-use emission standards provided by law and the DENR.

 A.  WITHOLDING OF REGISTRATION
 
 A.1] Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards as set forth in the Philippine Clean Air Act 1999.  This shall be evidenced by a Certificate of Conformity (COC) issued by the Department;

B. ROADSIDE INSPECTION 

B.1]   Establish a roadside inspection system of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said source and apprehending violators:

i.  Checkpoints shall be established in strategic locations particularly in Bangkal, Sasa, North diversion road, and in the downtown area which will be set randomly in Roxas, Magallanes, Quirino, San Pedro, Claveria, Uyanguren. Checkpoints in other points of entry and exit will be established when the budget allows.
 
The researchers selected the above-named strategic points because they are vital points where the conduct of inspection may be properly effected.  These are effective points because most of the vehicles, both private and public, passed by.  As also suggested by randomly selected vehicle drivers, these are good points because in these areas, traffic congestion is manageable and poses little discomforts.
 
The Bangkal area accommodates most of the South bound vehicles and as for Sasa, for the North Bound motor vehicles.  The Downtown area is the most crucial because this is where the vehicles congest.  With this, it is easier for CENRO to observe and detect all the vehicles coming from all the routes all over Davao City. 
ii.  During the conduct of the checkpoint inspection, vehicles seen to be violating the Clean Air Act would be flagged down by the apprehending officer duly authorized by City Environment and Natural Resources Office and be served with the necessary notice which will be given to its operator in case of public utilities or to the owner, in case of a private vehicle.  The notice served shall order the operator that the vehicle be referred to a testing center, whether to a government such as CENRO or private agency.
 
Random Road inspection shall be undertaken when a motor vehicle is emitting visible emission.  However, the random inspection shall not be practically effected because of limited portable gadgets.  In lieu of that, vehicles found to be violating shall be flagged down and be given a notice for inspection to the authorized agency such as the CENRO. 
  
Furthermore, the Implementing Rules and Regulations of the Philippine Clean Air Act particularly Rule LII Section 4 thereof provides that “the government official as well as the person in violation shall be given notice of 30 calendar days to undertake the necessary measures to abate the pollution.  This shall be a condition precedent to the filing of a civil or criminal case in court against the polluting establishment and against the government official concerned.”
 
The period above runs after the actual testing conducted on the vehicle during the inspection.  In our case, since we have limited resources such as portable emission equipment, the testing shall not be held during the checkpoint rather, notice shall be served which will order the operator or owner of the vehicle that the vehicle be referred to CENRO within 48 hours after the notice was given.   From there, the period of 30 days will start to run.

iii.   All apprehending officers should at the end of the day submit the list of vehicles whose plate numbers were noted and were placed on record. 

This will serve as a record for the agency so that it will be able to follow up the vehicles which violated the law. It would be the basis for the determination of the nunber of offenses i.e. first, second, etc. At the beginning of the day, all the checkpoints would have a synchronized copy of the plate numbers of all vehicles advised for testing. If a vehicle on the list is found running after the grace period has expired, it would be flagged down and checked to see whether or not it has complied with the test and if so, whether or not it has passed the test.  If it has passed the test, it would have a certificate of emission compliance. If such is the case, the vehicle would be allowed to leave. On the other hand,  if he failed to comply, he would be penalized in accordance with law and a sticker (yellow, orange or  red for the first, second, or third offense respectively) would be placed in the windshield.

B.2]  Set up and/or authorize private emission testing centers to conduct emission tests on vehicles apprehended for non-compliance with the in-use emission standards in coordination with the DTI and the DENR.

i.  DTI shall accredit the emission testing centers.
ii.  DENR is responsible for regulating the specifications of the emission testing equipment to be used by private emission testing centers pursuant to its standard-setting functions.
Private testing centers are necessary to compensate for the lack of budget of the government due to economic constraints. However, these private testing centers would be certified by the government so as to ensure that they have the proper equipment and training to carry on the task. 

C.] Design, approve and oversee a training program for the apprehending team on emission standards and regulations together with the DENR which shall include training in the correct use, maintenance and calibration of smoke testing equipment;

Proper training is necessary for the proper enforcement of the law. The LTO would conduct a regular and continuing training on proper equipment handling and operation and proper apprehension.

III -  THE LOCAL GOVERNMENT UNIT, THROUGH THE CENRO, SHALL HAVE THE FOLLOWING RESPONSIBILITIES:

A.  Conduct roadside inspection and to apprehend vehicles which do not comply with the mandated in-use standards along the streets of Davao City and other major thoroughfares within the area;

B. Conduct emission tests with the use of proper equipment in accordance with LTO Memorandum Circular No. BGC-MC-00300 dated March 20, 2000;

B.  CITY ENVIRONMENT AND NATURAL RESOURCES OFFICE (CENRO), AS THE DEPUTIZED AGENCY OF THE LOCAL GOVERNMENT SHALL:

B.1] Oversee and make sure that their administrative functions are well served:

i.  Conduct mandatory training for members of the apprehending team on emission standards and regulations and ensure that no member of the team shall be authorized to apprehend unless he/she shall satisfactory complete the mandatory training;
ii.  Adopt uniform ID cards, warning tickets, charge and subpoena tickets and other pertinent documents necessary in the conduct of the smoke belching activities in coordination with DENR Region XI;
iii.  Submit an annual progress report of its implementation of RA 8749 to the DOTC/LTO;

B.2] Promote and protect air quality and adopt preventive measures through ordinances, and information campaign.
i.  Information, education, and communication {IEC} materials must be available to the  operators, drivers and to the general public.
ii.  Through a valid ordinance, the gasoline dealers in the city shall be required to post information about ways/steps to minimize smoke emission of motor vehicles. This constitutes a condition precedent for the renewal of their business permits.

IV - The DOTC/LTO  and the LGU shall have the following Joint Obligations:

A.  Conduct a continuing information, education and communication (IEC) campaign that will elicit public support for a comprehensive and progressive program to control vehicular pollution;

i.  Extensive information campaign shall be accorded to organizations of operators and drivers, i.e., TODA. Venue shall be afforded to these organizations aimed at  awakening  their awareness and involvement.

B. Conduct training or seminar among organizations and cooperatives of drivers and further providing them reading materials and information sheets;
A regular and continuing Information campaign must be conducted so as to inform the operators of the harmful effects of smoke belching to the environment and what they should do if apprehended. 

C. Solicit financial assistance from local and international sources for the implementation of The Philippine Clean Air Act:

D.     Establish linkages with other government agencies, industries, oil companies, transport operators, schools, NGOs and the like to solicit their support for the program;

d.1]  For proper information dissemination,  the schools through the aid of the Department of Education, Culture and Sports shall provide for school fora as venue to inform the students about the Philippine Clean Air Act and the hazardous effects of air pollution to our health.

d.2]  As for the important participation of oil companies, The supply depots of  major oil companies in Davao City would also be required to give information sheets or posters regarding their products to gasoline dealers. 

1.  The information sheets would give the technical compositions of their products and of the proper ways of disposing them. 

2.  They would also be required to post information regarding their product which relates to the environment in a  conspicuous place where the public may read so as to inform them of the proper product to use i.e. that unleaded gasoline is more environmentally friendly than leaded gasoline. 

Mr.  George Gumban Account Manager of Caltex Philippines based in Davao said that the existence of Vortex Gold and Vortex Silver is the response to the call of air pollution prevention since these are already unleaded gasoline which are environmentally friendly.

As for Deisel gasoline, lowering of sulfur content has been undertaken in compliance with the Clean Air Act. 

E. Have all their respective service vehicle, including those of their Bureaus, field offices and attached agencies properly maintained and regularly tested to ensure compliance to emission standards;

D.  Encourage the respective officials and employees owning motor vehicles to voluntarily have their vehicles tuned up and tested regularly to ensure compliance with emission standards.