QuestionsQuestions (DENR-DTI-DOTC JOINT ADMINISTRATIVE ORDER NO. 1, Series 2003)
The Order cites Section 21 of RA 8749 as the mandate requiring DOTC, together with DTI and DENR, to establish procedures for inspection of motor vehicles and testing of emissions, including DOTC’s authority to authorize private emission testing centers accredited by DTI. It also cites the IRR provisions: Section 3, Rule 34 (DENR regulates specifications of emission testing equipment) and Section 8, Rule 35 (DENR certifies conformity of emission test equipment to be used for mandatory emission tests).
To ensure that emission testing prior to renewal of motor vehicle registration, redemption of confiscated license plates, and registration of imported used and rebuilt vehicles is properly implemented; to monitor PETCs and LTO emission testing compliance; to ensure no vehicle is registered without undergoing and passing the required emission test; and to ensure integrity of the emission test as reflected in the DOTC Certificate of Emission Compliance (CEC).
No. Section 3 states the Order is issued without prejudice to the accreditation and authorization powers of DTI and DOTC, respectively.
It is composed of: (1) the DOTC Undersecretary for Land Transportation as chairperson, (2) the DTI Undersecretary for Consumer Welfare and Trade Regulation Groups, and (3) a DENR Undersecretary as members. Its function is to ensure proper implementation of the Order.
A team has at least four (4) members: (1) a DOTC representative as team leader, (2) a DTI representative, (3) at least one (1) representative from either DENR or MMDA (for Metro Manila) or the LGU where the PETC is located, and (4) at least one (1) from an NGO or media.
The team must review pertinent documents beforehand, prepare detailed monitoring procedures (subject to approval), conduct onsite monitoring, and submit a monitoring report within seven days. The team leader must inform members of the schedule, conduct a pre-monitoring meeting, provide documents, conduct a post-monitoring meeting, and assign tasks.
Government agency members must undergo training on monitoring procedures conducted by DOTC. Volunteers must file an application for membership in the Monitoring Teams and undergo the same training. Both the training module and applications for membership are approved by the Monitoring Committee.
They must present: valid PETC accreditation and authorization; record of CECs issued for the month being monitored including copies of receipts; calibration certificate of test equipment; valid technician authorization; proof that test equipment is interfaced with the PETC-IT system; and the serial number of test equipment corresponding to the accreditation record.
The PETC technician must conduct an emission test of the test vehicle, and the result must be compared with the reference test result. A discrepancy—such as passing when actually failed or failing when actually passed—constitutes a violation.
Based on Section 7.1: (1) five (5) verbal complaints or one (1) written and verified report; (2) unusually high or low passing/failing rates; and (3) discrepancies between the number of CECs issued by PETCs/LTO and the number of vehicle registrations issued by an LTO, on a per-month basis.
Roadside monitoring: the team dispatches to the vicinity of a flagged center, flags down a vehicle after it completed the test, runs its own test, and compares results; this is repeated until three vehicles show large discrepancies or proven tampering. Test vehicle monitoring: a test vehicle is dispatched as if it were a normal vehicle owner, and the center’s test result is compared to the reference test result for that specific vehicle.
The team verifies actual vehicle count by discreetly posting personnel to count vehicles that entered or were tested for at least one day, then compares this with the number of CECs issued for that specific day. If CECs issued exceed the number of vehicles that entered, a violation is committed.
Section 7.6 focuses on registration outcomes: the team counts actual vehicles tested/entered for at least one day, then compares the counted vehicles plus the CECs received with the number of registrations during that day. If registrations are greater than (counted vehicles + CEC received), a violation is committed.
With approval of the Monitoring Committee, the team may implement other means such as entrapment operations, as necessary to prove irregularities committed by the PETC or LTO.
The Monitoring Team must furnish the Monitoring Committee with a Monitoring Report and Recommendations within seven (7) working days after conclusion of monitoring.
For government personnel: they will be investigated by their respective departments for administrative sanctions, and by the Ombudsman for criminal liability. For PETC operators/personnel: they will be penalized under Section 46 of the CAA and Section 45 of the DTI-DOTC JAO No. 01 Series of 2001, and DTI DAO No. 3, 2002.
Examples include: (1) operating with expired/invalid authorization; (2) operating using uncertified testing equipment; (3) failure to transmit real-time inspection results to LTO; (4) falsification of test results including non-appearance; and (5) issuing fake CEC. Generally, these relate to unauthorized operation, equipment/IT compliance, data transmission integrity, and falsification of testing/certification.