REPUBLIC OF THE PHILIPPINES
OFFICE OF THE PRESIDENT
Metropolitan Manila Development Authority
(Pangasiwaan Sa Pagpapaunlad Ng Kalakhang Maynila)
METRO MANILA COUNCIL
MMDA RESOLUTION NO. 10 - 15
Series of 2010
URGING THE METROPOLITAN MANILA DEVELOPMENT AUTHORITY AND THE LOCAL GOVERNMENT UNITS TO INTENSIFY ANTI-SMOKE BELCHING OPERATIONS THROUGH THEIR RESPECTIVE ANTI-SMOKE BELCHING UNITS
WHEREAS, it has been observed that smoke belchers continue to ply the streets of Metro Manila in utter disregard of the provisions of the Philippine Clean Air Act of1999 (Republic Act No. 8749), of city ordinances regulating smoke belching, and of the adverse and serious health impacts caused by excessive vehicle emissions;
WHEREAS, village associations, schools, non-government organizations, academe, private sector, and the development community have petitioned national and local leaders to "mount a serious and sustained enforcement effort to remove smoke belchers along major roads in Metro Manila, starting with EDSA;"
WHEREAS, the Philippine Clean Air Act states that the Department of Transportation and Communication (DOTC) may deputize law enforcement agencies and local government units for the purpose of enforcing compliance with the emission standards for motor vehicles set by the Department of Environment and Natural Resources (DENR);
WHEREAS, Section 36, of the Philippine Clean Air Act mandates the Local Government Units (LGUs) to share the responsibility in the management and maintenance of air quality within their territorial jurisdiction;
WHEREAS, Section 16 of Republic Act No. 7160, the Local Government Code of 1991, grants LGUs the power to promote the general welfare by ensuring and supporting among other things, promotion of health and safety and the enhancement of the right of the people to a balanced ecology;
WHEREAS, Section 458(a) (1) (vI), of RA 7160 also states that the city shall enact ordinances to protect the environment and impose appropriate penalties for acts which endanger the environment and such other activities which result in pollution and ecological imbalance;
WHEREAS, the Metro Manila Development Authority (MMDA) is mandated under Republic Act No. 7942 to set policies, coordinate and regulate the implementation of all programs and projects concerning traffic management and formulate and implement programs, policies and procedures to achieve public safety;
WHEREAS, in consonance with its mandate, the provisions of the Philippine Clean Air Act and the Local Government Code, and the call to action from various stakeholders, the Metro Manila Council (Council) deems it necessary and urgent to intensify anti-smoke belching operations particularly along EDSA in order to protect the health of our people;
NOW THEREFORE, be it resolved as it is hereby resolved, pursuant to Section 6 of RA 7924, that the Council after due deliberation in session duly assembled, hereby authorizes the MMDA and the LGUs to intensify smoke belching operations and apprehend smoke belchers that ply the streets, avenues, roads, bridges, and other public roads in Metro Manila;
RESOLVED FURTHER, that each Metropolitan Manila LGU shall ensure that their respective Anti-Smoke Belching Units are duly deputized by the Department of Transportation and Communication in accordance with the Implementing Rules and Regulations of RA 8794;
RESOLVED FURTHERMORE, that each LGU's respective Anti-Smoke Belching Units shall conduct roadside inspections and apprehend vehicles plying in major thoroughfares within their respective jurisdictions, that do not comply with the provisions of RA 8794, in its Implementing Rules and Regulations and related issuances.
RESOLVED FINALLY, that each LGU shall procure the necessary equipment and detail the necessary personnel to enable them to implement the foregoing objective.
APPROVED and CONFIRMED this 15th day of October 2010, in Quezon City, Metro Manila Philippines.
ATTY. FRANCIS N. TOLENTINO
HON. BENJAMIN C. ABALOS, JR.
HON. HERBERT M. BAUTISTA
HON. JEJOMAR ERWIN S. BINAY, JR.
HON. GUIA G. GOMEZ
San Juan City
HON. DEL DE GUZMAN
HON. ALFREDO S. LIM
City of Manila
HON. CANUTO S. ORETA
HON. JOHN REY M. TIANGCO
HON. ANTONIO G. CALIXTO
HON. VERGEL A. AGUILAR
Las Piñas City
HON. FLORENCIO M. BERNABE, JR.
HON. ENRICO R. ECHIVERRI
HON. ROBERT C. EUSEBIO
HON. SHERWIN T. GATCHALIAN
HON. JAIME C. MEDINA
Municipality of Pateros
HON. ALDRIN L. SAN PEDRO
HON. MA. LAARNI L. CAYETANO
HON. EDGAR R. ERICE
President, MM Vice Mayors' League
HON. SERAFIN Y. BERNARDINO
President, MM Councilors' League