Dear PAO,

I read an article last time regarding the exemption of the vintage vehicles from the Clean Air Act. I would like to know whether old jeepneys are also exempted from emission testing? I often see jeepneys which emit thick black smoke in our roads here in the Metro. Thank you.

Macario

Dear Macario,

Section 22 of Republic Act (RA) 8749, otherwise known as the Philippine Clean Air Act of 1999, states that any imported used motor vehicle or rebuilt motor vehicle using used engines, major parts or components shall not be registered unless it complies with the emission standards. In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards. No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act.

Pursuant to the objectives of this law, the State declared that it shall safeguard and promote the right of the people to a balanced and healthful ecology, in consonance with the rhythm and harmony of nature. Furthermore, the State affirms and upholds the principle that those responsible for pollution shall bear the costs of managing it to prevent damage to human health or the environment, in accordance with the “polluter pays” principle. (Sec. 2)

In answering your query, public utility jeepneys or PUJs are not exempt from mandatory smoke emission testing as a prerequisite for the issuance of any motor vehicle registration. Said emission testing shall be conducted within a period not exceeding 60 days prior to the scheduled date of registration. (Sec. 22) Furthermore, in the event of apprehension due to non-compliance with emission standards, both the driver and the operator of the subject vehicle shall be required to attend a seminar on pollution control management to be administered by the Land Transportation Office (LTO). In addition, they shall be liable to pay a fine in an amount ranging from P2,000 to P6,000, in accordance with applicable rules and regulations. (Sec. 46)

Should any individual chance upon a PUJ emitting thick black smoke in apparent violation of applicable emission standards, said individual may report the incident through the Inter-Agency Council for Traffic (I-ACT) Chatbot available via Facebook Messenger, or by submitting photo or video evidence directly to the I-ACT under the Department of Transportation. Furthermore, such violations may likewise be reported to the Metropolitan Manila Development Authority (MMDA) for appropriate action.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].