Cleaning Baguio’s air, a dilemma for officials

BEHIND THE SCENES

Alfred P. Dizon

BAGUIO CITY – City officials here are caught in a damn-if- you-do damn-if- you-don’t situation on how to address worsening air pollution which was widely reported by media the past days.

A television station first brought out the issue citing a World Bank Report which purportedly said Baguio was the most polluted city in the Philippines. Mayor Mauricio Domogan said a WB official denied the report. This as Environment officials said they came up with a study on the city’s deteriorating air quality in 2010 but pollution level has improved since then.   

Even as Baguio officials are trying to find means to improve the city’s air quality, or so they say, constitutionality of the city’s clean air ordinance is being questioned by sectors in this mountain resort.

A letter complaint addressed to Justice Secretary Leila De Lima was filed Jan. 21 and assigned to Senior Deputy State Prosecutor Richard Anthony Fadullon who in turn endorsed the same to Department of Interior and Local Government Secretary Mar Roxas.

DILG Usec Austere Panadero also endorsed the complaint to DILG-Cordillera Administrative Region regional director John Castaneda who also ordered DILG city director Evelyn Trinidad to investigate and submit a report and recommendation on the matter.

Paul Rillorta of the city information office said the complaint arose from apprehension of a motorist last year who was flagged down by members of the Roadside Inspection and Monitoring Team (RITMT) implementing city ordinance 61 series of 2008.

Rillorta said the complainant questioned legality of the Clean Air Ordinance specifically Section 7, test procedures for measurement of exhaust emissions of in-use motor vehicles for gas and diesel fed engines only. LPG-fed vehicles are not included.

Assistant City Environment and Parks Management officer Ruben Cervantes had clarified as early as October, 2010 the testing machines of the city were capable of testing LPG, gas and diesel fed engines.
“We are implementing the ordinance for all vehicles regardless if these are public, private or government owned,” he said.

As per the ordinance, all motor vehicle owners, operators and drivers found in violation of the Clean Air Ordinance are subjected to pay P1,000 for first offense plus warning, P2,000 for second offense plus P100 and P3,000 for third offense plus P200.

For the 3rd and subsequent offenses, violators will have to undergo a seminar on pollution control and management being conducted by Clean Air Monitoring Unit (CAMU) of the city government.
Cervantes said, RITMT personnel have undergone TESDA training on proper use of testing equipment.

All CAMU personnel whose functions involve operation of  emission testing equipment reportedly passed TESDA’s Technician Certification Training (TCT) and are authorized to enforce the ordinance. “If a vehicle is flagged down and if the emission test results fall within the standard, then the vehicle is released without payment of any fee.”   

A related complaint arising from the same incident was filed with the City Prosecutor’s Office of Baguio last year but was dismissed by Assistant Prosecutor Maria Nenita Opiana being for lack of evidence.
The resolution stated it will not tread upon qualifications or training of the employees enforcing the ordinance neither will it discuss enforcement of the ordinance as an act of police power for environmental safety purposes.

The office however urged enforcers to treat people they deal with in connection to their work with respect being public servants.

As for the complaint of violation of due process, the office said it is best ventilated before a forum addressing concerns for implementation of the ordinance, the same not a criminal action.

Meantime, Domogan said he was saddened that some sectors still question enforcement of the ordinance to address deteriorating ambient air quality of the city. “The city government is implementing the Clean Air ordinance for the general welfare. The city is doing something about our air quality and that is the strict implementation of the anti-smoke belching ordinance despite protests.”

Domogan said, the CEPMO has intensified drive against burning of garbage and is aggressively promoting segregation and proper waste disposal in barangays including massive greening programs in the city.

          “In 2013, we have planted more than what is required and this year, we have already exceeded minimum requirements but it does not end there, we are making sure that what we have planted will survive,” he said.

The mayor appealed to national agencies to implement measures to decrease air pollutants by phasing out old public utility vehicles such as taxis, jeepneys and buses that emit smoke and ban importation of surplus vehicles stating that the country has become the dumping site of worn-out vehicles.

“The quality of fuel being imported and used in the country plays a major factor why the country suffers from air pollution,” he said.

“We all know that we use low quality fuel compared to developed countries. We cannot afford high quality fuel and at this time if we improve the quality of fuel we are importing, surely the price will be more expensive and all prices of basic commodities will shoot up. All this cannot be done locally but must be addressed at the national level,” he said.

Lately, the RITMT reported a huge increase of vehicles already passing road tests. In 2009 during its first operation, 63 percent of all vehicles tested failed. In 2010 some 67% failed and in 2011 56% didn’t pass. But in 2012 at least 58% passed. Last year,  53% passed. The highest passing rate of 66% was recorded  last April 30.

According to the RITMT, the number of owners, operators and drivers of public and private vehicles who bring in their vehicles for voluntary testing for a fee of P50 has tremendously increased.