Philippine Clean Air Act of 1999
[Chapter 1 : General Provisions]
[Chapter 2 : Air Quality Management System]
[Chapter 3 : Fuels, Additives, Substances and Pollutants]
[Chapter 4 : Institutional Mechanism]
[Chapter 5 : Actions]
[Chapter 6 : Fines and Penalties]
[Chapter 7 : Final Provisions]
40 Administrative Action.- Without prejudice to the right
of any affected person to file an administrative action , the
Department shall, on its own instance or upon verified complaint
by any person, institute administrative proceedings against any
person who violates:
Standards or limitation provided under this Act; or
Any order, rule or regulation issued by the Department with
respect to such standard or limitation.
41. Citizen Suits. for purposes of enforcing the provisions
of this Act or its implementing rules and regulations, any citizen
may file an appropriate civil, criminal or administrative action
in the proper courts against:
Any person who violates or fails to comply with the provisions
of this Act or its implementing rules and regulations; or
The Department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with this
Any public officer who willfully or grossly neglects the performance
of an act specifically enjoined as a duty by this Act or its
implementing rules and regulations; or abuses his authority
in the performance of his duty; or, in any manner, improperly
performs his duties under this Act or its implementing rules
and regulations: Provided, however, That no suit can be filed
until thirty-day (30) notice has been taken thereon.
court shall exempt such action from the payment of filing fees,
except fees for actions not capable of pecuniary estimations,
and shall likewise, upon prima facie showing of the non-enforcement
or violation complained of, exempt the plaintiff from the filing
of an injunction bond for the issuance of a preliminary injunction.
thirty (30) days, the court shall make a determination if the
compliant herein is malicious and/or baseless and shall accordingly
dismiss the action and award attorneys fees and damages.
.42 . Independence of Action.- The filing of an administrative
suit against such person/entity does not preclude the right of
any other person to file any criminal or civil action. Such civil
action shall proceed independently.
43 Suits and Strategic Legal Actions Against Public Participation
and the Enforcement of this act.- where a suit is brought against
a a person who filed an action as provided in Sec. 41 of this
Act, or against any person, institutions or government agency
that implements this Act, it shall be the duty of the investigating
prosecutor or the court, as the case may be, to immediately make
a determination not exceeding thirty (30) days whether said 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. Upon determination thereof , evidence
warranting the same, the court shall dismiss the case and award
attorneys fees and double damages.
provision shall also apply and benefit public officers who are
sued for acts committed in their official capacity, their being
no grave abuse of authority, and done in the course of enforcing
44 Lien Upon Personal and Immovable Properties of Violators.
Fines and penalties imposed pursuant to this Act shall be liens
upon personal immovable properties of the violator. Such lien
shall, in case of insolvency of the respondent violator , enjoy
preference to laborers wages under Article 2241 and 2242
of Republic Act No. 386, otherwise known as the New Civil Code
of the Philippines.