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EXPLANATORY NOTE
The Department of Environment and National Resource (DENR), Metropolitan Manial Development Authority (MMDA) and the other Anti Smoke-Belching Units (ASBUs) of the different cities of Metro Manila have re-lauched the "Ligtas Hangin" program that aims to control air pollution by way of penalizing owners or drivers of vehicles that emit big amounts of black smore exhaust.

Mayor Guia Gomez, an advocate of environment protection and preservation, was the first local government chief executive to sign the Memorandum of Understanding pertinent to the said project.

San Juan City's streets are now being used by thousands of motorists every day from other cities as a passageway or short-cut route to and from different destinations.

The initial results of the Air Quality Monitoring for the 1^st quarter of 2013 in San Juan City as reported by Berkman System, Inc. showed some areas that yielded negative results with regards to Total Suspended Partices (TSP) to wit:

- N. Domingo St. near San Juan - Sta. Mesa Boundary Bridge   March 11 10:42-11:42 am TSP 599.5   March 16 3:00 - 4:30 pm TSP 932.0         - New City Hall of San Juan aling Pinaglabanan St.   March 12 6:15 - 7:15 am TSP 388.2

The national ambiant air quality standard is TSP 300 only.

In 2003, the than Sangguniang Bayan of San Juan, Metro Manila approved Municipal Ordinance No. 3 Series of 2003 entitled:

"AN ORDINANCE AMENDING SECTIONS 2 & 3 AND DELETING SECTION 5 OF ORDINANCE NO. 33 SERIES OF 1989 ENTITLED "AN ORDINANCE BANNING THE OPERATION OF SMOKE BELCHING VEHICLES IN THE TERRITORIAL JURISDICTION OF SAN JUAN AND PROVIDING PENALTIES THEREOF AND APPROPRIATING THE AMOUNT OF P15,000.00 FOR THE PURCHASE OF TESTING EQUIPMENT"

The above-mentioned ordinance penalizes the violators up to a maximum amount of Five Hundred pesos (500) only, the lowest of its kind in Metro Manila, while some Local Government Units change One Thousand pesos (Php 1,000) and higher.

It is now imperative that the city government of San Juan amend and update the said ordinance to further empower the operations of the Anti-Smoke Belching Unit of the city under the CENRO (City Environment and Natural Resource) and eventually encourage vehicles owners to comply with the provisions of the Philippine Clean Air Act of 1999 or Republic Act No. 8749.

Now, therefore, be it ordianed by the City Council of San Juan, in a session duly assembled, to adopt An Ordinance Creating The San Juan City Emission Control System For Motorized Vehicles And Providing Penalities For Smoke Belching Vehicles Plying And Travering The Territorial Jurisdiction Of The City Of San Juan, Metro Manila.

SECTION 1. TITLE: This shall be known as the "Vehicle Emission Control Ordinance of the City of San Juan".

SECTION 2. DUTIES AND RESPONSIBILITIES:

	2.1.	The Anti-Smoking Belching Unit (ASBU) of thr San Juan City Environment and Natural Resources Office (CENRO) shall perform acts and duties expected of a CITY ANTI-SMOKE BELCHING UNIT and shall implement and enforce the vehicle emission standard fixed in this Ordinance and discharge the function of apprehending all violators. The CENRO may conduct mobile emission testing anywhere within the territorial jurisdiction of the City of San Juan.
	2.2	ADMINISTRATION.

Since tricycle drivers are considered as belonging to the marginalized sector of society, there shall be two phases in the implementation of the provisions of this Ordinance applicable to them. There shall be a grace period of six (6) months from the date of enactment of this Ordinance for the conduct of a massive information campaign and another six (6) months for a warning stage with no penalties and charges yet imposable for violation.

All Other vehicles plying within the City of San Juan, that does not comply with the emission standards set in this Ordinance, shall be subjected to emission control test upon effectivity of this Ordinance.

In case the vehicle fails the test, the driver shall be issued an Ordinance Violation Receipt (OVR) and his/her driver's license and/or vehicle license plates will be confiscated. The Driver's License/Vehicle License Plates will only be released to the violator after the vehicle has passed another emission control test and upon payment of testing fee and fines provided for, under Sections 5 and 6 hereol.

SECTION 3. PUBLIC EDUCATION AND INFORMATION CAMPAIGN.

A continuing air quality information and education campaign shall be intensified by the City Government through the CENRO and shall encourage the participation of the other offices such as the City Health Offices, the Barangay Operations Center and other government agencies, the private sector including NGOs, the academe, environmental groups, transport sector and other private entities in the implementation of a multi-sectoral information campaign.

The enforcement and the implementation of the emission standards shall require the active cooperation of the importers, local assemblers, owners/operators and the users of all motor vehicles.  To ensure the cooperation of these groups, there is a need for an intensified and sustained awareness of the campaign which shall focus on: (1) the harmful effects of air pollutants to the general public and workers in the transport sector; (2) the technological options available to the tranport sector to prevent smoke belching; ang (3) the commitment of the City Government to enforce emission standards by strengthening apprehension standards.

SECTION 4. DEFINTION OF TERMS. - As used in the Ordinance, terms following terms shall mean and be defined as follows:

	Air Pollutant	any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and other inert gases, in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to somke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mist, steam and radio active substance.
	AQI (Air Quality Indicates)	Level of air quality for suspended particles.
	CENRO	City Environment and Natural Resource Office
	DCS	Division of City Schools
	Emission	any air contaminant,pollution, gas stream, or unwanted gas stream from a known source which is passed into the atmosphere
	EMF	Environment Management Fund.
	Motor Vehicle	any vehicle propelled by a gasoline or diesel or Liquified Petroleum Gas (LPG) or by any other means than human or animal power built. constructed and operated principally for the conveyance of persons or transportation of property or goods in a public highway or street open to public use.
	Mobile Resources	any vehicle propelled by or through combusion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property or goods.
	Motorcycle	any two- or three-wheeled motor vehicle with at least one headlight, tallight and a sportlight, and one or more saddle seats. For purposes of this Ordinance, motorcycle shall include those with attached side cars or those also known as a "tricycle".
	Smoke Opacity Meter	an instrument which determines the (Opacimeter) smoke opacity in exhaust gases emitted by the engine system.
	Type Approval	the official ratification of the complaince of a vehicle type which is applicable to local or national regulations.
	Poisonous and Toxic Fumes	any emission and fume which are beyond the internationally accepted standards, including but not limited to the World Health Organization (WHO) guideline value.
	Pollution Control Device	any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the establishment air pollution controls standards.
	Vehicle Type	a category of power-drivers vehicle which do not differ in such as reference mass or weight, engine type, number of cyclinders, body configuration, manner or transmission, fuel used and similar characteristics.

SECTION 5. Apprehension of smoke-belcttlng vehicles shall be conducud in conformity with the Work Instruction and Emission Standards set forth in this Ordinance.

Sec. 5.a. WORK INSTRUCTION FOR ROADSIDE APPREHENSION OF SMOKE BELCHING VEHICLES.

	Sec. 5.a. WORK INSTRUCTION FOR ROADSIDE APPREHENSION OF SMOKE BELCHING VEHICLES.
	1.0	Purpose of Scope - this procedure detail the in detail the  proper conduct of roadside apprehension, consistent will the provisions of the Clean Air Act ol 1999 and its Implementing Rules and Regulations (DENR Administrative Order (DAO) 2000-81) and LTO's Memorandum Circulars.
	2.0	Responsibilities -
		2.1	The main responsibility of an Apprehending Team is to ensure that vehicles comply with  the emission standards set forth under the Ordinance. Each ASBU or apprehending team shall preferably be composed of twelve (12) to fifteen (15) persons as follow:
			1 Team Leader 2 Apprehending Officers 1 Testing Team (l machine operator. 1 prober, 1 Standard Team for Detection and Recording or STDR (optional)) 3 Flaggors 2 Spotters 2 Plate Detache/Removers 1 Plate Keeper
		2.2	The TEAM LEADER shall ensure that the team propetly and efficiently executes the apprehension procedure.
		2.3	DESIGNATED APPREHENDING OFFICER issues the Ordinance Violation Receipt (OVR) to drivers of the apprehended vehicle.
		2.4	TESTING TEAM conducts smoke emission testing on the vihecle.
		2.5	SPOTTER/s identities through visual means smoke-belching vehicles and relays the information to the flaggers and apprehending officers of the team.
		2.6	FLAGGER/s motion the driver of smoke belching vehicles to pull over.
		2.7	PLATE DETACHER/REMOVER/s detaches the license plate (front and rear)
		2.8	PLATE KEEPER receives, records and stores the confiscated license plates in s place designated and under the jurisdiction of the CENRO.
	3.0	Job Requirements. -
		3.1	Preparation.
			3.1.1.	Apprehending team members must wear proper uniform and identification Card (I.D.)
			3.1.2.	Testing Team must prepare accordingly the Work Instruction for smoke emission test.
			3.1.3.	Team Leader must ensure that all equipment. documents and supplies are complete and are in good working condition.
		3.2	Activities.
			3.2.1	Identificatian and flagging down of a smoke-belching vehicle
				3.2.1.1	The SPOTTER, who is positioned about 50 to 100 meters from the apprehension team, spots and identifies the smoke-belching vehicle.
				3.2.1.2	The SPOTTER informs the TEAM LEADER of the description of the spotted smoke-belching venicle through a pre-arranged signal or through the use of a radio communication vice.
				3.2.1.3	The TEAM LEADER WILL ORDER THE FLAGGER to flag down the reported smoke-Delchrng vehicle.
				3.2.1.4	The FLAGGER motions the driver ol the smoke-belching vehicle to pull over to the outer most lane of the road close to the curb or sidewalk without obstructing traffic.
				3.2.1.6	The APPREHENDING OFFICER requests the driver to present a copy of the Vehicle OR and CR and his/her driver's license.
				3.2.1.7	The APPREHENDING OFFICER verifies the documents for authenticity.
				3.2.1.8	While the APPREHENDING OFFICER documents, the MACHINE OPERATOR boards the vehicle and informs the passengers that the team will be conducting a smoke-belching test on the vehicle in consonance with the Clean Air Act (R A. B749).
				3.2.1.9	A team member distributes copies of printed information materials (if available)
			3.2.2	Smoke Emission Tasting of Vehicle.
				3.2.2.1	The TESTING TEAM (Machine operator and Prober) conducts smoke emission test following the work instruction for Smoke Emission test on motorized vehicles.
				3.2.2.2	The MACHINE OPERATOR either submits the result of the test to the APPREHENDING OFFICER or informs the latter whether the vehicle passed or faded the last and allows the officer and the driver to personally view the results on the machines meter reading.
			3.2.3	Releasing or vehicle that passed tha smoke emmision test
				If the result shows that the vehicle passed the test, the APPREHENDING OFFICER returns all documents requested earlier and releases the vehicle.
			3.2.4	Issuance of ORDINANCE VIOLATION RECEIPT (OVR)
				3.2.4.1.	If  the vehicle tails the test, the APPREHENDING OFFICER issues an OVR.  He records all test results in the OVR whether the offense is the first, the second, etc, of the vehicle.  He explains to the dnver that he must immediately undertake the needed repairs on the vehicle in order for it to pass the lest.
				3.2.4.2.	The APPREHENDING OFFICER instructs the PLATE REMOVER to remove the vehicle's license plates (front and near) and /or to confiscate the driver's LTO issued issued Driver's Lincense.
				3.2.4.3.	The PLATE REMOTER detaches tho vehicle's license plates.
				3.2.4.4.	The PLATE REMOVER endorses the vehicle's license plates to the PLATE KEEPER.
				3.2.4.5.	The PLATE KEEPER receives all records and safe keeps the confiscated license plates as specified in Sec. 2.8
			3.2.5	Turn-over of confiscated license plates
				3.2.5.1	At the end of the roadside operation, the PLATE KEEPER shall endorse all confiscated plates to a CENRO officer.
				3.2.5.2	The MACHINE OPERATOR shall turn-over to the CENRO all vehicle information including the test results.
				3.2.5.3	The CENRO shall only RELEASE the License Plate and/or the Driver's License upon presentation of the a) paid OVR (with the City Treasurer's Official Receipt) and b) after submitting proof that the vehicle has now passed another emission test in line with the vehicle emission standards set in consonance with the Clean Air Act of 1999 (R.A. 8749)
					In the event the driver and/or operator of the apprehended vehicle contests the apprehension and/or result of the emission standards, he may appeal the same to the City Adjudication Board where he will be given the opportunity to be heard and present his evidence.
					The City Adjudication Board may adopt its rules and procedures in the conduct of its hearing in concurrence with the rules and procedures observed by the DOTC/LTO and DENR.

SECTION 6. FEES/CHARGES. - An conduct of emission test fee of Php 400.00 shall be collected for the conduct of emission testing servise by the San Juan City ASBU or apprehension team form the violator of this ordinance or from the ownerof the vehicle that failed the initial random emission roadside test, 25% of which shall be earnmarked in favor of the CENRO ASBU staff.  tie t.nm.nr

The amount shall be paid by the driver of any vehicle that is required to undergo an emission test conducted by the ASBU Team (due to visual smoke entitled as seen by the SPOTTER) to determine whether or not it is complaint with the emission standards set in this Ordinance.

The Office of the City Mayor, upon the recommendation of the CENRO Team, may likewise issue Accreditation Certificates to Private Emission Testing Centers to conduct emission testing for the City.  ONLY the Emission Certificate Result issued by accredited emission testing centers shall be honored by the City.

1. Fines for Violations of Motorcycles/Tricycles

   First Offense	-	PhP 100.00
   Second Offense	-	PhP 300.00
   Third and subsequent Offenses	-	PhP 500.00

2. Fines and penalties for Violations of Four (4) wheeled or more vehicles:
   
   

   	Four (4) Wheeled vehicle	Six (6) wheeled Vehicle	Eight (8) wheeled and over vehicle
   First Offense	PhP 1,000.00	PhP 2,000.00	PhP 5,000.00
   Second Offense	PhP 1,500.00	PhP 3,000.00	PhP 5,000.00
   Third and subsequent Offense	PhP 2,000.00	PhP 4000.00	PhP 5,000.00

3. In all cases, the Vehicle License Plates shall be confiscated and will only be release to the owner subjct to the provisions of this Ordinance.

SECTION 8. INCENTIVES

 Emission testing fees collected by the city from the violators as payment for the re-emission testing activities conduced by the ASBU Team and Private Emission Testing Center Accreditation Fees (if given) shall accrue to the Treasurer's Office of the City of San Juan, Metro Manila.

Incentives equivalent to 25 Percent (25%) of all collected fines shall be given to the Anti-Smoke Belching Unit mumbers.

The remaining 75% of the fund shall accure to the general fund of the City Government of San Juan Subject to Standard accounting and auditing procedures.  The City Accountant and the City Treasurer shall keep and maintain a special accountant and all records hereto.

SECTION 9. MISCELLANEOUS PROVISIONS.

	Sec. 9.a.	SAVING CLAUSE. -  The rules, regulations and issuances of the Department of Environment and Natural Resources (DENR) and other national agencies pertaining to the Clean Air Act of 1999 not in conflict with this Ordinance are hereby adopted.
	Sec. 9.b.	SEPARABILITY CLAUSE. - If for any reason/s, any part of this Ordinance declared illegal or invalid, other parts or provisions hereof which are not affected thereby shall remain valid and in full force and effect.
	Sec. 9.c.	REPEALING CLAUSE. - Any Ordinance, or parts or provisions thereof which are inconsistent with any of the provisions at this Ordinance are hereby repealed or modified accordingly.
	Sec. 9.d.	EFFECTIVITY CLAUSE. - This Ordinance shall take effect fifteen (15) days to following its publication in one newspaper of national circulation.

Section 10. The City Treasurer is hereby authorized to appropriate the amount of One Hundred Fifty Thousand Pesos (Php 150,000.00) subject to usual accounting and auditing procedures.

(Sgd.) ALLEN CHRISTOPHER M. SILVANO City Councilor	(Sgd.) ARTHUR ALFREDO E. AQUINO City Councilor
(Sgd.) JANELLA EJERCITO ESTRADA City Councilor	(Sgd.) WILLIAM C. GO City Councilor
(Sgd.) MICHAEL CRISTOPHER R. MATHAY City Councilor	(Sgd.) MARIE O'NEAL S. MENDOZA City Councilor
(Sgd.) RICHARD F. PERALTA City Councilor	(Sgd.) FERDINAND A. VELASCO City Councilor
(Sgd.) JOSE WARREN P. VILLA City Councilor	(Sgd.) EDGARDO V. SORIANO Sergeat-at-Arms City Councilor
(Sgd.) LEONARDO G. CELLES Asst. Majority Floor Leader City Councilor	(Sgd.) ANGELO W. AGCAOILI Majority Floor Leader City Councilor
(Sgd.) ROLANDO M. BERNARDO President Pro-Tempore City Councilor
I HEREBY CERTIFY THAT THIS ORDINANCE HAS BEEN DULY APPROVED BY THE SANGGUNIANG PANLUNGSOD ON MARCH 10,   2014.
(Sgd.) RIA P. ESTRELLA-PADILLA Secretary to the City Council
ATTESTED:
(Sgd.) HON. FRANCISCO JAVIER M. ZAMORA Presiding Officer City Vice-Mayor
APPROVED:
(Sgd.) HON. GUIA G. GOMEZ City Mayor