Law Summary
Principle of "Polluters Must Pay" and Enforcement Framework
- Reinforces the principle that polluters are financially accountable for infractions related to emission standards.
- The LTO Memorandum Circular (June 21, 2005) reiterates provisions from Rule XXXV Sections 4 and 5 of the IRR on vehicle apprehension and impounding of vehicles exceeding emission limits, including appellate procedures for contesting penalties.
Absence of a 24-Hour Contestability Period
- The Clean Air Act does not provide for a specific 24-hour window to contest smoke-belching apprehensions.
- Appellate procedures do exist if the apprehended driver decides to contest fines or violations, ensuring due process.
Role and Duties of the Traffic Adjudication Service
- Tasked with hearing appeals and protests regarding smoke-belching apprehensions and imposed fines.
- Obligated to provide the apprehended driver an opportunity to be heard, guaranteeing procedural fairness.
Conditions Precedent for Appeals and Protests
- Impoundment of the vehicle is mandatory when emission tests show exceedance of standards.
- Appeals will not be entertained if the driver refuses impoundment under such circumstances.
- The vehicle must not have committed three or more emission violations within the last 365 days.
- The driver must expressly state their intention to contest at the time of apprehension.
- Re-testing is conducted in the presence of the apprehending officer, the driver, and overseen by a hearing officer or designated enforcement unit.
- Apprehension and testing procedures must be duly observed by enforcers.
- The emission testing equipment used must have a Certificate of Conformity to Standards from DENR-EMB.
Integrity and Evidentiary Considerations
- The above conditions ensure fairness, impartiality, and preservation of evidence integrity in reviewing apprehensions or accepting appeals for waiver of fines.
Hearing Procedures and Decision Timelines
- Hearings are summary in nature, exempt from strict application of technical rules of evidence except when supplementary and applicable.
- Appeals or protests must be resolved within three (3) days after submission.
- The decision becomes final and executory if no appeal is filed to the Secretary within fifteen (15) days from notice.
Enforcement and Compliance
- The provisions outlined must be strictly complied with to ensure lawful processing of smoke-belching apprehensions and uphold environmental and public health mandates.