FIFTEENTH CONGRESS OF THE) te
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

SENATE

Senate Bill No._2034

Introduced by SENATOR EDGARDO J. ANGARA

EXPLANATORY NOTE

The Philippines has one of the world’s most abundant marine environment. It has
become a primary source of food, minerals] petroleum, hydrocarbon, energy, animal
feeds and even construction materials. Thus, Article XII, Section 2 of the Constitution
mandates the State to protect the nation’s marine wealth in its archipelagic waters,
territorial sea and exclusive economic zone and reserve its use and enjoyment exclusively
for Filipino citizens. Corollary to the Constitution, the United Nations Convention on the
Law of the Sea provides that while states have sovereign right to exploit their own natural
resources, they have the duty to protect and preserve the marine environment within and
outside their jurisdiction and that they shall undertake measures to prevent reduce and
control pollution of the marine environment.

‘Notwithstanding the importance of marine resources to the country’s economic
development and ecological survival, there are documented reports of the rapid
deterioration of the quality of our waters for the past decade wrought by man’s
indiscriminate discharge of any and all kinds of refuse into Philippine waters. This has
been attributed primarily to sewage and industrial effluents from urban areas, tailings
from mining activities, oil from shipping operations and agricultural run-off. In Manila
Bay alone, bacterial count has shown to have increased through the years. This has
rendered many beaches in its eastern part unfit for bathing and it’s near shore waters unfit
for fisheries and growing of shellfish.

The present state of the law with respect to the protection of our marine
environment is provided under Presidential Decree No. 600, otherwise known as the
Marine Pollution Decree of 1974. Said Decree declares as national policy, “prevent and
control the pollution of seas by the dumping of wastes and other matter which create
hazards to human health, harm living resources and marine life, damage amenities, or
interfere with the legitimate uses of the sea within the territorial jurisdiction of the
Philippines.” It declares unlawful the throwing, discharge or deposit of any refuse matter
of any kind or description. However, the penalty of a fine of Five Thousand pesos
(P5,000.00) or imprisonment of not more than one (1) year is not at all parallel to the
concomitant damage to our waters, Thus, this measure seeks to increase the penalty for
unlawful dumping. The president, manager or director of a corporation or any partnership
shall be liable.

This bill defines the guidelines under which the Commandant of the Philippine
Coast Guard may allow the dumping of waste materials. It likewise authorizes the
adoption of a dumping system which shall take into account the characteristics and
composition of the waste materials.

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Early passage of this bill is earnestly urged.

Van

EDGARDO J, ANGARA
Senator


FIFTEENTH CONGRESS OFTHE +) 5 OFFICE CE Fe
REPUBLIC OF THE PHILIPPINES )
First Regular Session . )

SENATE

Senate Bill No._2034 Ye

Introduced by SENATOR EDGARDO J. ANGARA

AN ACT
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL
DECREE NUMBERED SIX HUNDRED, OTHERWISE KNOWN AS
“THE MARINE POLLUTION DECREE OF 1974”

Be it enacted by the Senate and the House of Representatives in Congress
assembled:

SECTION 1. Section 4 of Presidential Decree No. 600 is hereby amended to read
as follows:

“SEC. 4. Deposit of Refuse in Navigable Water. - It shall be unlawful to
throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged,
or deposited either from or out of any ship, barge, or other floating craft of any
kind, or from the shore, wharf, manufacturing establishment, or mill of any kind,
any refuse matter of any kind of description whatever other than that flowing
from streets and sewers and passing there from in a liquid state, into any
navigable water of the Philippines, or into any tributary of any navigable water,
where the same shall float or be washed into such navigable water; and it shall be
unlawful to deposit, or cause, suffer or [procure to be deposited material of any
kind in any place on the bank of any navigable water, where the same shall be
liable to be washed into such navigable, either by ordinary or high tides, or by
storms or floods, or otherwise, whereby navigation shall or may be impeded or
obstructed or increase the level of pollution of such waters: Provided, That
nothing herein contained shall extend to, apply to, or prohibit the operations is in
connection with the improvement of navigable waters or construction of public
works: Provided, further, That the Commandant, Philippine Coast Guard,
[whenever in his judgment navigation will not be injured thereby, may permit the
deposit of any material above mentioned in navigable waters, within limits to be
defined and under conditions to be prescribed by him, provided application is
made to him prior to depositing such material; and whenever any permit is so
granted the conditions thereof shall be strictly complied with and any violation
thereof shall be unlawful.) MAY, UPON APPLICATION, PERMIT THE



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DEPOSIT OF WASTE MATERIALS IN DEEP WATER, OTHER THAN
HAZARDOUS AND NUCLEAR WASTES AS DEFINED IN REPUBLIC ACT
NO. 6969, SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT THE
DEPTH MUST NOT BE LESS THAN 2,000 METERS; (2) THAT THE
DISTANCE FROM THE NEAREST LAND IS NOT LESS THAN 150
NAUTICAL MILES; AND (3) MUST NOT INTERFERE WITH SHIPPING,
FISHING, RECREATION, MINERAL EXTRACTION, FISH AND
SHELLFISH CULTURE, AREAS OF SPECIAL SCIENTIFIC IMPORTANCE
AND OTHER LEGITIMATE USES OF THE SEA: PROVIDED, FINALLY,
THAT WHENVER SUCH PERMIT IS GRANTED BY THE COMMANDANT,
THE SAME.SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS:
(1) MUST BE FOR AFIXEDTERM NOT LONGER THAN FIVE (5) YEARS;
(2) CAN BE TERMINATEDFORCAUSE INCLUDING, BUT NOT LIMITED

TO, THE FOLLOWING:

(a) VIOLATION OF ANY CONDITION OF THE PERMIT;

(b) OBTAINING A PERMIT BY MISREPRESENTATION, OR FAILURE
TO DISCLOSE ALL RELEVANT FACTS ANENT THE GRANT OF
PERMIT; CHANGE IN ANY CONDITION THAT REQUIRES EITHER
‘A TEMPORARY OR PERMANENT REDUCTION OR ELIMINATION
OF THE PERMITTED DEPOSIT.”

SEC. 2. Section 6 of the same Decree is hereby amended to read as follows

“SEC. 6. Penalties for Violations, - [Any person who violates Section 4 or
5 of this Decree or any regulation prescribed in pursuance thereof, shall be liable
to a fine of not less than P5,000.00, or by imprisonment, for each offense. Any
vessel from which oil or other harmful substances are discharged in violation of
Sections 4 or 5 or any regulation prescribed in pursuance thereof, shall be liable
for the pecuniary penalty specified in this Section, and clearance of such vessel
from sport of the Philippines may be withheld until the penalty is paid, and said
penalty shall constitute a lien on such vessel, which may be recovered in
proceedings by libel in rem in a court of First Instance within which the vessel
may be.]

THE PENALTY OF IMPRISONMENT OF SIX (6) MONTHS AND
ONE (1) DAY TO SIX (6) YEARS AND ONE (1) DAY AND A FINE
RANGING FROM SIX THOUSAND PESOS (P6,000.00) SHALL 10
BEIMPOSED UPON ANY PERSON WHO SHALL VIOLATE SECTIONS 4
OR 5 OFTHIS DECREE. IN CASE ANY VIOLATION IS COMMITTED BY A
CORPORATION, ASSOCIATION, OR ANY JUDICIAL ENTITY, IT SHALL


BE LIABLE FOR A PECUNIARY PENALTY OF ONE (I) MILLION PESOS
(Pl, 000,000.00) AND THE LICENSE OF SUCH ENTITY SHALL LIKEWISE
BE CANCELLED.”

SEC. 3. Section 7 of the same Decree is hereby amended to read as follows:

“SEC. 7. Responsibility and Liability on Oil Spills. — Any ship, tank
vessel, tank barge or any other watercraft which accidentally or otherwise
discharged oil or oily mixture on waters subject to the jurisdiction of the
Philippines, the person in charge of the vessel shall immediately notify the
Philippine Coast Guard, giving particulars of the name of the ship and company,
location of spill, type of oil spilled, and quantity. In addition, the weather, tide,
sea conditions and cause of spill shall be reported. Any person in charge of vessel,
AND THE OWNER OR OPERATOR who fails to notify the Coast Guard of any
oil or oily mixture discharged from his vessel is liable to a fine of {P10,000.00]
ONE MILLION PESOS (P1,000,000.00) or imprisonment of not [more than six
months but not] less than (30 days] SIX MONTHS. The owner or operator of a
vessel or facility which discharged the oil or oily mixture [may] SHALL be liable
to pay for any clean-up costs.”

SEC. 4. A new section is hereby added after section 7 of same Decree, to be

denominated as “Sec. 7-A,” which shall read as follows:

“SEC. 7-A. THE PHILIPPINE COAST GUARD, IN COORDINATION
WITH THE DEPARTMENT OF ENVIRONMENT AND NATURAL,
RESOURCES SHALL DEVELOP AND ESTABLISH A SYSTEM FOR
DUMPING OF WASTE MATERIALS AT SEA. SUCH DUMPING SYSTEM
SHALL TAKE INTO ACCOUNT THE FOLLOWING CHARACTERISTICS
AND COMPOSITION OF THE WASTE MATERIALS:

(1) TOTAL AMOUNT OF MATERIALS TOBE DUMPED;

(2) AVERAGE COMPOSITION OF MATTER DUMPED;

(3) TOXICITY

(4) PROPERTIES OF THE MATERIALS DUMPED SUCH AS PHYSICAL
(SOLUBILITY, SPECIFIC GRAVITY AND DENSITY), CHEMICAL AND
BIOCHEMICAL, (OXYGEN DEMAND AND NUTRIENT PRODUCTION)
AND BIOLOGICAL PROPERTIES (PRESENCE OF VIRUSES,
BACTERIA, YEASTS, PARASITES, AND THE LIKE);

(5) ACCUMULATION AND BIOTRANSFORMATION BIOLOGICAL
MATERIALS OF SEDIMENTS;


(6) SUSCEPTIBILITY TO CHEMICAL, BIOCHEMICAL AND PHYSICAL
CHANGES AND INTERACTION IN AQUATIC ENVIRONMENT WITH
OTHER DISSOLVED ORGANIC AND INORGANIC MATERIALS
AFTER RELEASE INCLUDING THE PROBABLE FORMATION OF
NEW COMPOUNDS;

(7) PROBABILTY OF PRODUCTION OF TAINTS REDUCING THE
MARKETABILITY OF RESOURCES.”

SEC. 5. Separability Clause. - If any provision or section of this Act or the
application thereof to any person, association or circumstances is held invalid, the other
pertinent provisions or section of this Act and their application to such person,

association or circumstances shall not be affected thereby.
SEC. 6. Repealing Clause. - All acts, executive orders, administrative orders,
proclamations, rules and regulations or parts thereof inconsistent with the provisions of

this Act ate hereby repealed or modified accordingly.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,