FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
' 
First Regular Session 
SENATE 
Senate Bill No. 737 
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INTRODUCED BY SEN. J/NGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This measure is a consolidated/substituted bill drafted by the Committees 
on Environment and Natural Resources, Public Services and Finance during the 
14th Congress. 
The Philippine coastal and marine ecosystems play an important role in 
the socio-economic development .of the country. The total marine area measures 
about seven times its land area. According to the data from Bureau of Fisheries 
and Aquatic Resources (BFAR), the country has a total territorial water area of 
about 2,200,200 sq. km., shelf area of about 184,600sq. km.coral reef area of 
about 27,000 sq. km. and coastline of about 17, 460. These coastal and marine 
ecosystems provide food, raw materials, and ecological balance. 
Thus, this bill seeks to prevent and control pollution soutced from ships by 
enacting a national legislation that would implement International Convention for 
the Prevention of Pollution from Ships of 1973, as modified by the Protocol of 
1978 relating thereto, otherwise known as MARPOL 73178, to which the 
Philippines is a signatory. 
The following are the prohibited acts under this measure: the discharge of 
oil, noxious or liquid substances; dumping of garbage or sewage; carriage of 
harmful substances in packaged form; absence of shipboard garbage 
management system; 
refusal to dispose wastes at reception facilities; 
unauthorized change in the ship's structure, equipment fittings, arrangements 
and materials; operating without, the required certification; failure to report an 
accident; absence of oily-water separating equipment and oil discharge 
monitoring system; failure to maintain an oil record book and cargo record book; 
absence of marine sewage sanitation device or sewage treatment plant system; 
deliberate emission of ozone depleting substances; opstruction of investigation; 
neglect of duty; and arrest and detention of foreign ships. 
In view of the foregoing, the immediate enactment of this measure is 
earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1 0 ,JUt -7 P 1: :1111 
SENATE 
Senate Bill No. 737 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
'ANACT 
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE 
PENALTIES THEREFOR, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and tfle House of Representatives in Congress, 
assembled: 
CHAPTER I 
GENERAL PROVISIONS 
SECTION 1. 
Short Title. -
This Act shall be known as the "Ship 
Pol/ution Prevention and Control Act of 2010." 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the 
State to prevent and control pollution resulting from the operations of ships, 
which create hazards to human health, harm and destroy living resources and 
marine life, damage amenities,' or· interfere with the legitimate uses of the 
territorial waters and the exclusive economic zone of the Philippines. 
CHAPTER II 
DEFINITION OF TERMS 
SEC. 3. Definition of Terms. - As used in this Act: 
(a) 
(b) 
(c) 
(d) 
"Department" means the Department of Transportation and 
. Communications (DOTC); 
"Discharge" means, in relation to harmful substances or effluents 
containing such substances, any release, however caused, from a 
ship, and includes ·any escape, disposal, dumping, spilling, leaking, 
pumping, emitting or emptying; 
"En route " means that the ship is under way at sea on a course, or 
courses, which so far as practicable for navigational purposes will 
cause any discharge to be spread over as great an area of the sea 
as is reasonably practicable; 
"Exclusive Economic Zone" means such areas as defined in the 
United Nations Convention on the Law of the Sea of 1982 that 
extends beyond and adjacent to the territorial " sea of the 


Philippines as that definition may be affected by other regional or 
international treaties to which the Philippines is a party, 
(e) 
"Harmful substance" means any substance which, if introduced 
into the sea, is liable to create hazards to human health, to harm 
living resources and marine life, to damage amenities or to interfere 
with other legitimate uses of the sea, as may be declared harmful 
or hazardous to human and marine life under the laws of the 
Philippines, and includes any substance subject to control under 
this Act; 
(f) 
"Incident" means an event involving the actual or probable 
discharge into the sea of a harmful substance, or effluents 
containing such a substance; 
(g) 
"Marine Casualty~' means any accident at sea involving a ship 
which could result in an incident; 
(h) 
"Nearest land" means from the baseline from which the territorial 
sea of the territory in question is established in accordance with 
international law; 
(i) 
"Oil tanker" mea[1s a ship constructed or adapted primarily to 
carry oil in bulk 
in its cargo spaces and includes 'combination 
carriers and any "chemical tanker" as defined hereunder when it is 
carrying a cargo or part cargo of oil in bulk; 
U) 
"Philippine Ship" means a ship registered under the laws of the 
Republic of the Philippines and entitled to carry the flag of the 
Philippines; 
(k) 
"Reception facility" means any facility used for the reception of 
oil, noxious liquid substances, sewage or garbage from ships at a 
port or terminal; 
(1) 
"Secretary" means the 
Secretary 
of the 
Department of 
Transportation and Communications (DOTC); 
(m) 
(n) 
(0) 
(p) 
"Segregated ballast" means the ballast water introduced into a 
tank which is completely separated from the cargo oil and oil fuel 
system and which is permanently 
allocated to the carriage of 
ballast or to the carriage of ballast or cargoes other than oil or 
noxious substances as defined in this Act. 
"Ship" means a' vessel of any type operating in the marine 
environment and includes, without limitation, pleasure craft, fishing 
vessels, hydrofoil boats, air-cushion vehicles, submersibles, floating 
craft, drilling rigs, and fixed or floating platforms, 
"Special Area" means a sea area designated as such pursuant to 
this Act where, for recognized technical reasons in relation to its 
oceanographic and ecological condition and to the particular 
character of its traffic, the adoption of special mandatory methods 
for the prevention ~f sea pollution is required; 
"Ship owner" means the register,ed owner of the ship or any 
person who has assumed the operations of the ship; 


(q) 
"Tank" means an enclosed space which is formed by the 
permanent structure of a ship and which is designed for the 
carriage of liquid in bulk; 
(r) 
"Territorial Waters" means in respect of the Republic of the 
Philippines has the same meaning as in the Philippine Constitution' 
and in respect of any other State means the territorial sea of that 
State as recognized. in international law; 
(s) 
"Undue delay" means a delay that is unreasonable and 
unnecessary in light of the particular conditions of the ship, the 
ship's cargo, destin~tion and schedule, and in light of the purpose 
and scope of the, investigation, inspection or other cause for 
detaining the ship 
CHAPTER III 
SCOPE AND APPLICATION 
SEC. 4. Scope and Application of the Act" . 
(a) 
Unless otherwise specified, this Act shall apply to: 
(1) 
All Philippine registered ships; 
(2) 
All ships operating within the territorial waters or Exclusive 
Economic Zone of the Philippine 
(b) 
With respect to the application of this Act to ships of States which 
are not 
MAR POL 73/78 member States, no more favorable 
treatment shall be given to such ships than is provided for under 
this Act. 
SEC. 5. Exemptions." This Act shall not apply to warships and naval 
auxiliary ships; Provided, that, government ships shall be exempted from the 
coverage of this Act during emergency response cases; Provided, further, that 
the Maritime Industry Authority (MARINA), Philippine Coast Guard (peG), 
Philippine Ports Authority (PPA) and other concerned agencies shall ensure that 
appropriate measures shall be adopted, not impairing the operational capabilities 
of such ships, that such ship operates in a manner consistent, so far as is 
reasonable and practicable, with this Act. 
CHAPTER IV 
INSTITUTIONAL ARRANGEMENTS 
SEC. 6. Roles and Responsibilities of the Department." 
Unless 
otherwise provided in this Act, the Department, through its attached agencies, 
shall be the primary government agency responsible for the implementation and 
enforcement of this Act. Specifically, the Department shall have the following 
roles and responsibilities: 
' 
(a) 
(p) 
Oversee the implementation of this Act and coordinate the efforts of 
concerned agencies; 
In coordination with the Department of Environment and Natural 
Resources 14 (DENR), the Department of Agriculture (DA), 


Department of Interior and Local Government (DILG) and other 
relevant agencies and stakeholders, formulate a comprehensive 
program to prevent or minimize marine pollution from ships; 
(c) 
Constitute the Marine li'ollution Adjudication Board (MPAB) to 
handle marine pollution incidents and casualties covered by this 
Act subject to Section 60 hereof; 
(d) 
Hear and decide administrative violations of this Act and impose 
appropriate sanction,s; 
(e) 
Reorganize or streamline the functions of its different line, staff and 
attached 
authorities, agencies or bureaus for purposes of the 
effective and efficient implementation of the provisions of this Act; 
and, 
(d) 
Exercise such powers and perform such other functions as may be 
necessary to carry out its duties and responsibilities under this Act. 
SEC. 7. 
Maritime Industry Authority (MARINA). For purposes of this 
Act, the MARINA shall perform the following duties and functions: 
a) 
b) 
c) 
d) 
e) 
f) 
g) 
h) 
Formulate guidelines for approval of ships' plans for installation of 
any fitting, material, appliance or apparatus deemed appropriate 
and effective for the prevention of any discharge of pollutant to be 
fitted in a ship in consonance with MARPOL 73/78. 
Review and revise, where appropriate, the existing system of 
certification, survey: inspection and monitoring of ships, including 
registration of fixed, floating and drilling rigs and other platforms, 
with respect to pollution prevention to ensure efficiency and 
transparency, consistent with the overall management of the 
maritime sector and in accordance with this Act and internationally 
accepted system; 
Survey the ship's structure, equipment, fittings, arrangements and 
materials in compliance with the requirements and guidelines for 
purposes of preventing pollution from ships; 
Issue the required certification upon survey of the ship's structure, 
equipment, fittings, arrangements and materials: 
. 
Modify, suspend or revoke at any time, upon notice and hearing, 
any certificate, it may have issued to any ship owner; 
Recommend detention ships in accordance with Section 56 hereof; 
Hear and adjudicate any violation of rules and regulations of the 
MARINA issued for the implementation of functions of MARINA 
pursuant to this Act; 
Impose such fines and penalties on, including the revocation of 
certifications of ships which shall fail to comply with requirements 
under this Act and its implementing rules and regulations; 


• 
i) 
Impose, fix, collect and receive, in accordance with the schedules 
approved by its Board, such fees necessary for the survey and 
certification of ships pursuant to this Act. Such fees shall be 
imposed and collected in order to recover the cost for rendering the 
service and shall not be used in order to impose a penalty. 
Excessive fees, multiple fees and duplicative fees shall at all times 
be avoided. 
' 
j) 
Issue such rules and regulations necessary to implement the 
provisions of this Act: Provided, That such rules and regulations 
shall be in consonance with the MARPOL 73178 and shall not 
change or in any way amend or be contrary to the intent and 
purposes of this Act. 
k) 
Provide its officers and personnel with adequate training and 
continuing 
education to ensure an efficient and professional 
pollution regulatory machinery; 
I) 
Exercise such powers and perform such other functions as may be 
necessary to 
carry out its duties and responsibilities under this 
Act. 
SEC. 8. Philippine Coast Guard (peG). - For purposes of this Act, the 
PCG shall perform the following duties and functions: 
a) 
b) 
c) 
d) 
e) 
f) 
g) 
h) 
Establish a system of inquiry and investigation on incidents for the 
purpose of preliminary determination of violation of this Act; 
Detain ships in accordance with Section 56 hereof; 
Establish procedures for reporting incidents involving any actual or 
probable discharge which may be in violation of this Act consistent 
with the reporting requirements under this Act; 
Survey the ship's structure, equipment, fittings, arrangements and 
materials in compliance with the requirements and guidelines for 
purposes of issuance of International 
Oil Pollution Prevention 
Certificate (lOPPC) and Oil 
Pollution Prevention Certificate 
(OPPC); 
Evaluate and approve shipboard oil pollution emergency plan; 
Issue and inspect oil record book; 
Upon inquiry or investigation, cause or recommend regulatory or 
other appropriate actions to be taken in connection with any 
violation of the provisions of this Act; 
Cooperate with government of other states which are members of 
international organizations on the prevention of pollution from ships 
concerning the detection of violations and enforcement of this Act 
using all appropriate and practicable measures of detection and 
environmental monitoring, adequate procedures for reporting and 
accumulation of evidence; 


i) 
Provide its officers and personnel with adequate training and 
continuing 
education to ensure an efficient and professional 
pollution regulatory machinery; 
j) 
Based on the physical, chemical and biological properties of 
harmful substances, 
peG shall adopt appropriate measures to 
regulate the washing of leakage overboard, 
provided, that the 
compliance with such measure would not impair the safety of the 
ship and persons on board; 
k) 
Adopt a continuing information campaign on marine resources 
protection aimed 
. at developing public awareness of the health 
hazards and other adverse effects of ship pollution; 
I) 
Exercise such powers and perform such other functions as may be 
necessary to 
carry out its duties and responsibilities under this 
Act. 
SEC. 9. 
Authority to Board and Inspect Ships. - In cases of marine 
disaster within the territorial waters, or any substantial threat to public health and 
the marine environment, including but not limited to coastal and aquatic sources 
due to a discharge, or an imminent discharge, of large quantities of oil, noxious 
liquid 
substance 
or other harmful substances from ships, the peG may 
(a) coordinate and direct all efforts towards the removal or elimination of such' a 
threat, and (b) summarily remove, by whatever means available, such 
ship 
which causes the threat. 
Other than the circumstances stated in the first paragraph, the peG is 
authorized to board, inspect and survey any ship within the territorial sea and the 
exclusive economic zone (EEZ) of the Philippines, enter port facilities in the 
Philippines, demand the production of documents, records and other evidence, 
and take testimony of witnessEls under oath, for the 
purpose of verifying 
compliance with this Act. 
SEC. 10. Philippine Ports Authority (PPA) and other Port Authorities. 
- For purposes of this Act, the PPA and other port authorities shall perform the 
following duties and functions: 
. 
a) 
Provide adequate. reception facilities for oil, oily wastes, oil 
residues, noxious and liquid substances, harmful substances, 
sewage and garbage from ships; 
b) 
c) 
d) 
e) 
Recommend deten~ion of ships in accordance with Sec. 56; 
Issue detailed 
requirements 
on 
packing, 
marking, 
labeling, 
documentation, stowage, quantity limitations and exceptions for 
preventing or minimizing pollution of the marine environment by 
harmful substances from ships; 
Determine and establish the most effective and efficient means for 
meeting the internationally accepted requirements with respect to 
reception facilities in public and private ports; 
Formulate and implement integrated waste management systems 
in ports; 


f) 
Coordinate with DENR and concerned local government units 
(LGU) on the proper handling and disposal of wastes collected at 
ports; 
g) 
Exercise such powers and perform such other functions as may be 
necessary to carry out its duties and responsibilities under this Act. 
SEC. 11. Department of Environment and Natural Resources (DENR). 
-
For purposes of this Act, the DENR shall have the following powers and 
functions: 
.. 
a) 
Constitute and lead the interagency committee concerning the 
designation of specjal areas in accordance with Section 59 hereof; 
b) 
Issue guidelines for the identification of harmful SUbstances in 
packaged form. 
. For the purposes of this item, "harmful 
SUbstances" are those SUbstances which are identified 
as marine 
pollutants by the DENR in consonance with international standards; 
and, 
c) 
Set emission standards for ships; 
SEC. 12 . Role of Local Government Units. - All local government units 
shall, pursuant to the pertinent provisions of the Local Government Code, assist 
in implementing and enforcing this Act within their territorial jurisdictions. 
CHAP1;ERV 
PREVENTION OF POLLUTION FROM SHIPS, 
Article 1. - General Provisions 
SEC. 13. General Guidelines. - The MARINA shall formulate guidelines 
concerning the utilization of any fitting, material, appliance or apparatus deemed 
appropriate and effective for the prevention of any discharge of pollutant to be 
fitted in a ship in consonance with the MARPOL 73/78. 
SEC. 14. 
Reception Facilities. - Port authorities shall ensure the 
provision of adequate port reception facilities for wastes from ships, and in so 
doing: (a) determine and establish the most effective and efficient means for 
meeting the internationally accepted requirements with respect to reception 
facilities in public and private ports; (b) formulate and implement integrated waste 
management systems; and (c) coordinate with DENR and concerned LGUs on 
the proper handling and disposal of wastes collected at ports. Such facilities shall 
have adequate capacity to meet the needs of the ships using them without 
causing undue delay. 
SEC. 15. Shipboard Garbage Management System. - All ships shall 
adopt and implement their shipboard garbage management' system ensuring 
that oil residues, sewage 
and solid wastes are properly disposed of in 
compliance with National Safety Management 
Code, or for ships trading 
internationally, in compliance with International Safety Management Code. All 
ships shall put up and maintain appropriate on-board containers, holding tanks or 
receptacles for oil residues, sewage and solid wastes. 
.
. -
---


SEC. 16. Mandatory Disposal of Wastes at Reception Facilities. _ 
Upon docking, it is mandatory for all ships to dispose of their oil residues or oily 
mixture, sewage wastes and garbage at the authorized reception facilities subject 
to the integrated waste management 
system to be established by port 
authorities. 
SEC. 17. Survey - MARINA, in coordination with relevant agencies, shall 
survey all ships to ensure compliance with its regulations and requirements on 
the structure, equipment, fittings, arrangements and materials for purposes of 
preventing pollution by oil, 
oily mixture, oil residues, noxious and liquid 
substances harmful substance, sewage and garbage from ships. For this 
purpose, MARINA shall establish a system in conducting the survey of ships in 
consonance with the MARPOL 73/78. 
Except for direct replacement, no change in the ship's structure, 
equipment, fittings, arrangements and materials shall be made without the 
approval of MARINA. 
SEC. 18. 
Certification for Compliance. - MARINA shall issue the 
necessary by 
certification for compliance of ships with the regulations and 
requirements on the structure, equipment, fittings, arrangements and materials 
for purposes of preventing pollution by oil, oily mixture, oil residues, noxious and 
liquid SUbstances harmful I substance, sewage and garbage from ships. 
SEC. 19. Immediate Report of an Accident. - Whenever an accident 
occurs to a ship or a defect is discovered which substantially affects the integrity 
of the ship or the efficiency or completeness of its equipment covered by the 
rules and regulations of the PCG, the master or the ship owner shall report such 
incident immediately to the PCG. 
SEC. 20. Obligations of the Ship Owner. - The ship owner is required to: 
(a) 
(b) 
(e) 
(d) 
(e) 
(f) 
Install appropriate devices or facilities on board ships for the 
storage or processing of waste, such as oil, noxious liquid 
substances, garbage and sewage, as may be required by 
regulations issued by the concerned agencies pursuant to this Act; 
Comply with reqUirements as to the carriage of harmful substances 
in packaged form as may be required by regulations issued by the 
concerned .agencies pursuant to this Act; 
Obtain appropriate certificates required by the concerned agencies 
pursuant to this Act; 
Follow procedures or take action for the prevention of pollution 
from ships as may be required by regulations issued by the 
concerned agencies pursuant to this Act; 
Notify the PCG of any incident involving its ship or other ships in 
accordance with regulations issued pursuant to this Act; 
Undergo immediate cleaning operations in the ev~nt of oil spill 
within the 28 'country's territorial sea pursuant to applicable laws 


Article 2. - Pollution by Oil, Oily Mixture, Oil Residues 
SEC. 21. Discharge of Oil, Oily Mixture, and Oil Residues. -Any 
discharge into territorial waters or Exclusive Economic Zone of the Philippines of 
oil or oily mixture from or out of, any ship, vessel, barge, or any other floating 
craft, or other man-made structures at sea, by any method, means or manner, 
is prohibited, except in the following instances: 
(a) 
when the discharge is necessary for the purpose of securing the 
safety of a ship and those on board or saving life at sea; or 
(b) 
if the discharge into the sea of oil or oily mixture results from 
damage to ship or its equipment, provided that all reasonable 
precautions have been taken after the occurrence of the damage or 
the discovery of the discharge for the purpose of preventing or 
minimizing the discharge: and except if the owner or the master 
acted either with intent to cause damage, or recklessly and with 
knowledge that damage would probably result: or 
(c) 
if the discharge is for the purpose of combating specific pollution 
incidents in order to minimize the damage from pollution. The 
MARINA shall issue guidelines on allowable discharge of oil, oily 
mixture and oil residues and requirements relating to the prevention 
of pollution by oil from ships including, but not limited to, retention 
of oil, oily wastes and oil residues or sludge, shipboard oirpollution 
emergency plan, unloading arrangements, consistent with the 
provisions of this Act and in consonance with the MARPOL 73/78. 
SEC. 
22. 
Discharge 
of 
Clean 
or 
Segregated 
Bal/ast 
or 
Unprocessed/Processed Processed Oily Mixtures. - Prohibition provided for 
in the preceding section shall not apply to the discharge of clean or segregated 
ballast or unprocessed oily mixtures which without dilution have oil content within 
the allowable standards under applicable laws and which do not originate from 
cargo pump-room bilge and are not mixed with oil cargo residues. The prohibition 
shall not also apply when the' ship has in operation adequate oil filtering 
equipment required under this Act. 
SEC. 23. On-board Retaining and Discharge to Reception~acility of 
Oil residues. - Oil residues prohibited to be discharged from ships urider the two 
immediately preceding sections shall be retained on board and discharged to 
reception facilities in accordance with this Act. 
SEC. 24. 
Oily-Water ,Separating Equipment and Oil Discharge 
Monitoring and Control System. - For existing ships and ships of less than 400 
tons gross tonnage, alternative equipment or system approved by MARINA may 
be provided in lieu of the oily-water separating equipment or unit. All new ships of 
400 gross tons and above shall be equipped with efficient oily-water separating 
equipment or unit. Provided, that ships of 10,000 gross tons and above shall be 
fitted with oil discharge monitoring and control system and oil filtering equipment, 
in addition to oily-water separating equipment. 
SEC. 25. Oil Record Book. - All oil tankers and other passenger-cargo 
vessels above 400 gross tons shall be provided on board with an Oil Record 
Book which shall be maintaine,d and up-dated every after any reception or 
transfer operation of oil on board. 


Article 3.-
Pollution by Noxious and Liquid Substances in Bulk 
SEC. 26. Discharge of Noxibus or Liquid SUbstances.-Any discharge 
of noxious liquid substances into territorial sea or on the bank of territorial sea 
whether or not the same shall float or be washed into such water is prohibited 
except in cases provided for under first paragraph of Section 21, and subject to 
the conditions provided under thi.s section and the rules and regulations issued 
by MARINA pursuant to this Act. 
The rules and regulations on allowable discharge of noxious or liquid 
substances to be issued by MARINA, in coordination with relevant agencies, 
shall take into account the MAR POL Convention and shall be subject to public 
hearing and consultation. Such rules and regulations shall be reviewed five 
(3)years following the effectivity of this Act, and every three (3) years thereafter 
or whenever it is deemednecessa'ry to protect the marine environment and 
public health. 
. 
SEC. 27. Cargo Record Book. - Every ship under this article shall be 
provided with a Cargo Record Book, whether as part of the ship's official log-
book or otherwise, in the form to be specified by MARINA. 
Article 4.- Carriage of Harmful Substances in Packaged Form 
SEC.28. 
Discharge of Harmful Substances in Packaged Form.-
Any discharge by jettisoning of harmful substances carried in packaged forms, 
freight containers, portable tanks,. or road and rail tank wagons into territorial sea, 
or on the bank of territorial sea, whether or not the same shall float or be washed 
into such water is prohibited except in cases provided for under the first 
paragraph of Section 21. 
SEC.29. Carriage of Harmful Substances in Packaged Form. -The 
carriage of harmful substances in packaged forms, or in freight containers, 
portable tanks or road and rail tank wagons is prohibited except in accordance 
with Republic Act No. 6969 and other applicable laws, rules and regulations. For 
the purposes of this article, "harmful substances" are those SUbstances which are 
identified as marine pollutants by the DENR in consonance with international 
standards. 
SEC. 30. Guidelines for the Identification of Harmful Substances. For 
purposes of this Act, the DENR shall issue guidelines for the' identification of 
harmful substances in packaged form taking into account the following criteria: 
(a) 
(b) 
(c) 
(d) 
bio-accumulated to a significant extent and known to produce a 
hazard to aquatic life or to human health; 
bio-accumulated with attendant risk to aquatic organisms or to 
human health with a short retention of the order of one week or 
less; 
liable to produce tainting of seafood; and 
highly toxic to aquatic life, defined by a LC50/96 hour less than 1 
ppm. 


SEC. 31. 
Packing, Marking, Labeling Documentation, Stowage, 
Quantity Limitations and Exceptions. -The PPA shall issue detailed 
requirements on packing, marking, labeling, documentation, quantity limitations 
and exceptions for preventing or minimizing pollution of the marine environment 
by 
harmful substances 
from 
ships. 
Such 
packing, 
marking, 
labeling, 
documentation, quantity limitations and exceptions of harmful substances shall 
be undertaken by the shipper in coordination with the shipping company. The 
peG shall issue detailed requirements on stowage of harmful substances, 
SEC. 32. 
Washing of Leakage Overboard. - Based on the physical, 
chemical and 
biological properties of harmful substances, PCG shall adopt 
appropriate measures to regulate the washing of leakage overboard; Provided, 
that the compliance with such measure would 
not impair the safety of the ship 
and persons on board. 
Article 5.-
Pollution by Sewage and Garbage from Ships 
SEC. 33. 
Discharge of Sewage. -The discharge of sewage into 
territorial, or on the 20 bank of territorial water, whether or not the same shall be 
washed into such navigable water, is prohibited, except in the following cases, in 
addition to exceptions provided for in the first paragraph of Section 21: 
(a) 
the sewage escaped from the ship in consequence of unintentional 
damage to the 
ship or its equipment, and all reasonable 
precautions are taken before and after the 
occurrence of the 
damage for the purpose of preventing or minimizing the discharge; 
(b) 
the ship is discharging comminuted and disinfected sewage at a 
distance of more than four (4)nautical miles from the nearest land, 
or sewage which is not comminuted or disinfected ata distance of 
more than twelve (12) nautical miles from the nearest land; 
Provided, that in any case, the sewage that has been stored in 
holding tanks shall not be 
discharged instantaneously at a 
moderate rate when the ship is en route and proceeding at not less 
than 4 knots; the proper rate of discharge shall be approved 
MARINA based on' international standards; and 
(c) 
the ship has in operation an approved sewage treatment plant or 
alternative arrangements to meet the operational requirements of 
the PCG and other concerned agencies issued pursuant to this Act 
and other applicable laws 
SEC. 34. Marine Sewerage Sanitation Devices. All new ships certified 
to carry more 5 than 50 persons or new ships of 200 gross tonnage and above 
shall be provided with marine 6 sewage sanitation devices and sewage treatment 
plant system in accordance with the rules and regulations or guidelines issued by 
the DENR. For existing ships of 200gross tonnage and 8 above and carrying 
more than 50 persons, they may utilize and maintain holding tanks unless 
otherwise disallowed under this Act and subject to such rules and regulations as 
may be prescribed by the DENR. 
SEC. 35. Disposal of Garbage. -Except in cases provided under t~is Act, 
the disposal 
into territorial water, or tributary, or on the bank of terntonal and 
tributary of any navigable water, whether or not the same shall float or be 


washed into such navigable water, of garbage is prohibited. All garbage from 
ships shall be disposed of to port reception facilities. 
SEC. 36. Garbage Comminuter and Grinder. -The disposal into the sea 
of garbage may be permitted when it has passed through a comminuter or 
grinder, whenever possible, and made, as far as practicable, from the nearest 
land subject to rules and regulatiqns issued by the PCG pursuant to this Act and 
in consonance with the MARPOL Convention. 
Article 6.-
Air Pollution from Ships 
SEC. 37. Ozone Depleting Substances.- Any deliberate emIssIon of 
ozone depleting substances (ODS) shall be prohibited. Deliberate emissions 
include emissions occurring in the course of maintaining, servicing, repairing or 
disposing of systems or equipment, except minimal releases associated with the 
recapture or recycling of an ODs; provided, that emissions resulting from leaks 
are likewise prohibited. For purposes of regulating emission of ODS from ships, 
the DENR, in coordination with relevant agencies, shall issue appropriate 
guidelines in consonance with the MARPOL 73/78; Provided, that port authorities 
shall ensure that port reception facilities and equipment shall be adequate to 
receive and manage ODS and equipments containing ODS, when removed from 
ships. 
SEC. 38. 
Setting Allowable Standards. - The DENR shall formulate 
and issue allowable 
emission standards for ships in consonance with the 
MARPOL 73/78 and subject to public consultation. 
CHAPTER VI 
PREVENTION OF POLLUTION FROM FIXED AND 
FLOATING DRILLING RIGS AND OTHER PLATFORMS 
SEC. 39. Applicable Requirements for Off sore Platform. - Fixed and 
floating drillings rigs when engaged in the exploration, exploitation and 
associated offshore processing of sea bed mineral resources and other platforms 
shall comply with the reqUirements of this law applicable to ships of 400 gross 
tonnage and above other than oil tankers, subject to the requirements and 
guidelines issued by the concerned agencies pursuant to this Act and in 
consonance with MARPOL 73/78. 
SEC. 40. 
Offshore Platform Discharges of Garbage. - The disposal of 
sewage and 
garbage from fixed and floating drillings rigs referred by the 
immediately preceding section, ·and from all other ships when along or within 
500 meters of such platforms, is prohibited; 
Provided, that the disposal into 
navigable water of food wastes may be permitted when they have' been passed 
through a comminuter or grinder from such platforms located more than nautical 
miles from the land and all other ships when along or within 500 meters of such 
platforms in accordance with the rules and regulations issued therefor. 
CHAPTER VII 
PROHIBITED ACT.S AND ADMINISTRATIVE SANCTIONS 
SEC. 41, Discharge of Oi/, Noxious or Liquid Substances and Other 
Hamful Substances. -
Unless otherwise allowed under this Act, no person 


shaff discharge, or cause the discharge of oil, noxious or liquid substances and 
other harmful substances, as defined in this Act, from or out of any ship by any 
method, means or manner, into the Philippine waters or EEZ. The Secretary shall 
impose a fine of not exceeding Ten Million pesos (Php 10,000,000.00) without 
prejudice to the filing of the appropriate criminal cases under applicable laws. 
SEC. 42. Dumping of Garbage or Sewage. - Unless otherwise allowed 
under this Act, no 
person shall discharge, throw or dump, or permit the 
discharge, throwing or dumping of garbage or sewage, from or out of any ship 
by any method, means or manner into the into Philippines waters or EEZ. The 
Secretary shall impose a fine of not exceeding Ten Million pesos (Php 
10,000,000.00) without prejudice to the filing of the appropriate criminal cases 
under applicable laws. 
SEC. 43. Carriage of Harmful Substances in Packaged 'Form. - Any 
ship which carries 
harmful substances in packaged forms, or in freight 
containers, portable tanks or road and rail tank wagons in violation of this Act 
shall be punished by a fine of not exceeding Ten 
Million pesos (Php 
10,000,000.00) to be imposed by the Secretary on the either or both the 3 ship 
owner and shipper. 
SEC. 44 Absence of Shipboard Garbage Management System. - Any 
ship without a shipboard garbage management system shall be liable for a fine 
of not exceeding One 6 Hundred Thousand pesos (Php100,000.00) to be 
imposed by the Secretary. 
SEC. 45. Refusal to Dispose Wastes at Reception Facilities: - Unless 
allowed under this Act, any ship which refuses to dispose of oil residues or oily 
mixture, sewage wastes and garbage at the authorized reception facilities shall 
be liable for a fine not exceeding One million pesos (Php1,000,000.00) to be 
imposed by the port authority. 
.. 
SEC. 46. Unauthorized change in the ship's structure, equipment, 
fittings, arrangements and materials. - Unless authorized under this law, any 
ship owner who made, or cause the making of changes in the structure, 
equipment, fittings, arrangements and . materials of the ship without the approval 
of MARINA shall be punished by a fine of not 
exceeding One Hundred 
Thousand pesos (Php100,000.00) to be imposed by the Administrator of 
MARINA. 
SEC. 47. 
Operating without the required certification. - Any ship 
owner who shall 
allow the ship to operate without the required certification 
pursuant to this Act shall be liaQle for a fine of not exceeding One million pesos 
(Php1 ,000,000.00) to be imposed by the Administrator of MARINA. 
SEC. 48. 
Failure to Report an Accident. - Any ship owner who fails to 
report an accident that occurs to a ship or a defect that is discovered which 
substantially affects the integrity of the ship or the efficiency or completeness of 
its equipment to the PCG within twenty four (24) hours shall be punished by a 
fine of not exceeding One million pesos (Php1 ,000,000.00) to be imposed by the 
PCG Commandant. 
SEC. 49. 
Absence of Oily· Water Separating Equipment and Oil 
Discharge Monitoring System. - Any ship without an oily-wa~er separatin.g 
equipment or unit, or Oil Discharge Monitoring sy.stem, when ~e:qUlred under thiS 
Act 
shall be liable for a fine not exceeding Ten Million pesos (Php 
10,000,000.00) to be imposed by the Administrator of MARINA. 


SEC. 50. Failure to Maintain an Oil Record Book. - Any oil tanker or 
passenger-cargo vessels above 400 gross tons which does not maintain an 
updated Oil Record Book on board shall be penalized with a fine not exceeding 
One Hundred Thousand pesos (Php100,OOO.00) to be imposed by the 
Commandant of PCG. 
SEC. 51. Failure to Maintain Cargo Record Book. - Any ship which 
does not maintain an Cargo Record Book on board shall be penalized with a fine 
not exceeding One Hundred Thousand pesos (Php100,000.00) to be imposed 
by the Commandant of PCG. 
SEC. 52. Absence of Marine Sewage Sanitation Device or Sewage 
treatment Plant System. - Unless allowed under this Act, any ship without a 
marine sewage sanitation device or sewage treatment plant system shall be 
liable for a fine of not exceeding One million pesos (Php1,000,000.00) to be 
imposed by the Administrator of MARINA. 
SEC. 53. Deliberate Emission of Ozone Depleting Substances. - Any 
person who causes the deliberate emission of ozone depleting SUbstances 
(ODS) shall be penalized by a fine not exceeding Ten Million pesos (Php 
10,000,000.00) to be imposed by the Secretary. 
SEC. 54. 
Continuing Violation. Where an offense under this Act is a 
continuing one, every person who commits that offense, in addition to any other 
liability, is liable to a fine or fifty thousand pesos (P50,000.OO) for every day or 
part thereof during which the offence continues. 
SEC. 55. Obstruction of Investigation. -Any person who shall, without 
justifiable reason, obstruct or hamper the conduct of investigation of a violation 
of this Act, shall be liable to pay a fine not exceeding One hundred thousand 
pesos (P100,000). 
SEC. 56. 
Neglect of Duty. - Any government official or employee 
charged with the responsibility of implementing the provisions of this Act, what is 
found guilty of gross negligence of duty or connives with or permits the 
commission of any violation of this Act, 
shall be dismissed from the service 
without possibility of reinstatement and without 
prejudice to the filing of the 
appropriate criminal and or administrative cases in court. 
SEC. 57. 
Arrest and: Detention of Foreign Ships. - Any ship 
apprehended for violation of this Act may be subjected to arrest and detention to 
be undertaken by the PCG in coordination with MARINA. 
SEC. 58. Violations of Administration Regulations. - Any person found 
in violation of rules and regulations issued by concerned agencies pursuant to 
this Act shall be liable to the following fines: 
(1 ) 
(2) 
(3) 
First violation -a fine not to exceed One hundred thousand 
pesos (Php1 00,000.00); 
Second violation -a fine more than One hundred thousand 
pesos (Php100,OOO.00) but not to exceed Two hundred 
thousand pesos (Php200,000.00); 
Third violation -a fine of at least Two hundred thousand 
pesos (P200,000) but not to exceed One million pesos 


(Php1 ,000,000) and suspension of vessel registration for six 
(6)months to one (1 )year; 
(b) 
MARINA may order the cancellation or revocation of the license or 
seaman's book of any ship captain or crew who has committed 
more than three violations under this Act. 
(c) 
The concerned agency shall promulgate rules and regulations for 
the summary imposition of administrative sanctions for failure to 
comply with any order, decision, rules or regulations of the 
Department issued pursuant to this Act. 
SEC. 59. Automatic Adjustment of Penalties and Fines. - The fines 
prescribed in this Act shall be automatically increased by ten per cent (10%) 
every three (3) years from the effectivity of this Act. 
CHAPTER VIII 
MISCELLANEOUS PROVISIONS 
SEC. 60. 
Designation of Special Areas. - A committee is hereby 
created for purposes of designating special areas defined under this Act in 
territorial waters and EEZ. The committee .shall be composed of the following: 
a) 
The Secretary of the DENR or its duly authorized representative, as 
Chairperson; 
, 
b) 
The Secretary of the DOTC or its duly authorized representative, as 
Co-chairperson; 
c) 
The Secretary of the Department of Agriculture or its duly 
authorized representative; 
d) 
The Secretary of. the Department of Foreign Affairs or its duly 
authorized representative; 
e) 
The Commandant of the PCG; 
f) 
The Administrator of MARINA; 
g) 
Representative of the shipping industry; and 
h) 
President of the League of Municipalities of the Philippines. The 
special area shall be designated consistent with the requirements 
of MARPOL 73/78 
and 
taking 
into 
account 
the 
area's 
oceanographic and ecological condition and the particular character 
of its traffic. The committee shall adopt special mandatory methods 
for the prevention of pollution from ships in the designated areas. 
SEC. 61. Marine Pollution Adjudication Board. - There is hereby 
constituted a Marine Pollution. Adjudication Board under the Office of the 
Secretary. The Board shall be composed of the Secretary as Chair~an, two (2) 
Undersecretaries as may be designated by the Secretary; the Administrator of 
MARINA and the Commandant of the PCG. The Board shall handle adjudication 
of marin~ pollution incidents and 'casualties falling under Sections 41, 42, 43 and 
44 hereof. 
. 


SEC. 62. Marine Management Fund. - There is hereby established a 
Marine Management Fund to be administered by the Department as a revolving 
fund to support research, enforcement and monitoring activities and capabilities 
of the Department and its attached agencies in the implementation of this Act. 
The fund shall be sourced froi1'1 the fees, 
charges, fines imposed herein, 
donations, endowments, administrative fees, and grants in the 
form of 
contributions; Provided, that the fund shall likewise be utilized for the 
containment, removal, and clean-up operations of PCG in all oil pollution cases, 
including those covered 
under' the Oil Pollution Compensation Act. For this 
purpose, the Oil Pollution Management Fund created under the Oil Pollution Act 
shall form part of the Marine Management Fund, subject to the following 
conditions: 
. 
1. 
All fines imposed pursuant to the Oil Pollution Compensation Act 
shall accrue to the Marine Management Fund; 
2. 
All grants, donations, endowment from various sources and 
amounts specifically appropriated for the Oil Pollution Management 
Fund under the General Appropriations shall form part of the 
Marine Management Fund. 
3. 
The Marine Management Fund shall also finance research, 
enforcement and 23 monitoring activities concerning oil pollution 
prevention and control of relevant agencies such as the PCG, 
MARINA and PPA and other ports authority of the Department of 
Transportation and Communications, Environmental Management 
Bureau of the Department of Environment and Natural Resources, 
and the Department of Energy. 
4. 
Ninety percent (90%) of the funds collected or received in 
connection with the Oil Pollution Compensation Act shall be 
maintained annually for the containment, removal, and clean-up 
operations of PCG in all oil pollution cases, Provided, further, that 
the amounts specifically appropriated for Oil Pollution Management 
Fund under the' General Appropriations Act shall be used 
exclusively for the activities authorized under the Oil Pollution 
Compensation Act; shall be used exclusively for the activities 
authorized under the Oil Pollution Compensation Act; . 
. 
SEC. 63. 
Ship Pollution Prevention Program. - The Department, in 
coordination with concerned agencies and stakeholders, shall establish a Ship 
Pollution Prevention Program to enhance government implementation of this Act 
particularly .on (a) awareness building and capacity building; (b) d.ata banking; 
(c) development of reception facilities; (d) marine environment protection; and (e) 
research; 
SEC. 64. 
Implementing Rules and Regulations. -
The Department 
and the concerned 
agencies, in coordination with the Committees on 
Environment and Ecology of the Senate and the House of Representatives, 
respectively, shall promulgate the implementing rules and regulations for this 
Act, within one (1) year after the enactment of this Act consistent with MARPOL 
73/78 and other relevant instruments. The draft of the implementing rules and 
regulations shall be the subject of public consultations with affected sectors. 
The rules and regulations issued by other government agencies and 
instrumentalities for the prevention of marine pollution not inconsistent with this 


Act shall supplement the 
rules and regulations issued by the Department 
pursuant to this Act. 
SEC. 65. Appropriations. - The amount necessary to carry out the 
provisions of this Act shall be charged against the current year's appropriation of 
the concerned agencies. Thereafter, such sums as may be necessary for the 
operation and maintenance of this Act shall be included in the General 
Appropriations Act. 
SEC. 66. Joint Congressional Oversight Committee. -There is hereby 
created 
a 
Joint 
Congressional 
Oversight 
Committee 
to 
monitor 
the 
implementation of this Act. The Committee shall be composed of five (5) 
Senators and five (5) members of the House of Representatives to be appointed 
by the Senate President and the Speaker of the House of Representatives, 
respectively. The Oversight Committee shall be co-chaired by the Chairpersons 
of the. Committee on Environment of the Senate and the Committee on Ecology 
of the House of Representatives. 
SEC. 67. Transitory Provisions. - This Act shall apply to all ships which 
navigate international routes immediately upon the effectivity of this Act. The 
Department through its attach.ed 
agencies shall formulate a transitory 
implementation plan for the phasing-in of its operations under this Act including a 
schedule, for the application and enforcement of this Act and, of the regulations 
issued pursuant .to this Act, on domestic ships or ships which do not navigate 
international shipping routes .. 
SEC. 68. Separability Clause. - In the event that any provision of this Act 
is declared unconstitutional, the validity of the remainder shall not be affected 
thereby. 
SEC. 69. 
Repealing Clause. -
Republic Act No. 6969, Presidential 
Decree Nos. 999, and 601, Republic Act No. 9483 (Oil Pollution Compensation 
Act) are hereby amended and modified accordingly. All laws, decrees, rules and 
regulations, and executive orders contrary to or inconsistent with this Act are 
hereby repealed or modified accordingly. 
SEC. 70. 
Effectivity Clause. - This Act shall take effect immediately 
upon its publication in the Official Gazette or in at least two (2) national 
newspapers of general circulation. 
Approved,