Philippine Clean Air Act of 1999[Home]
[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]
CHAPTER 5: ACTIONS
SEC. 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:
a) Standards or limitation provided under this Act; or
b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.
SEC. 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:
(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this act; and/or
(c) 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.
The 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.
Within 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 attorney’s fees and damages.
SEC .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.
SEC. 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 attorney’s fees and double damages.
This 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 this Act.
SEC. 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 laborer’s wages under Article 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.
