House -Bril.`No.  53 94
EXPLANATORY NOTE
The  Constitution,  Article  11,  Section  16,  provides  that  the  State  shall  protect  and
advance  the  right  of  the  people  to  a  balanced  and  healthful  ecology  in  accord  with  the
rhythm and harmony of nature.
Our shores have been  increasingly polluted making it harmful for human contact and
causing a decline in species diversity in marine life.  One major cause of the pollution of our
shores  is  the  indiscriminate  unloading  of  municipal  and  commercial  waste  from  shipping
vessels.
In accordance with the constitutional mandate, this bill provides regulatory measures
with regard to shipping vessels for the protection of Philippine shores as well as penalties for
violations of its provisions.
Hence, immediate approval of this proposed measure is earnestly sought.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus a. Rodriguez
House-Brii'`No.  53 94
AN ACT
REGULATING    SHIPPING   VESSELS    COASTING    PHILIPPINE   WATERS    FOR   THE
PROTECTION OF SHORES
Be it enacted  by the Senate and  House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Ti.I/e. - This Act may be cited as the "Shore Protecfi.on Act. "
SEC 2. Deffn/.I/-on of Terms. - For purposes of this Act the terms:
(1 ) "coastal waters" means -
a)   the territorial sea of the Philippines;
b)   the lakes and their connecting waters;
c)   the marine and estuarine waters of the Philippines to the head of tidal influence; and
d)   the Exclusive Economic Zone as established by existing laws.
(2) "municipal or commercial waste" means
a)   solid waste;
b)   waste generated by the vessels during normal operations;
c)   debris solely from construction activities;
d)  sewage sludge; and
e) dredge or fill material subject.
(3)  "person"  means  an  individual,  trust,  firm,  joint  stock  company,  corporation,   including
government   owned   and   controlled   corporation,   partnership,   association,   and   political
subdivision of the government;
(4) "receiving facility"  means a facility or operation where  municipal  or commercial waste  is
unloaded from a vessel;
(5) "waste  source"  means  a facility or vessel  from  which  municipal  or commercial waste  is
loaded  unto  vessels,  including  any  rolling  stock or motor vehicles from which  that waste  is
directly loaded.
SEC  3.  Vesse/s  Permi.ts  and Wunbers.  -  (a)  ln  General.  -  A  vessel  may  not  transport
municipal or commercial waste in coastal waters without (1 ) a permit for that vessel from the
Secretary  of  Environment  and  Natural  Resources;  and  (2)  displaying  a  number  or  other
markings    on    the    vessel    as    prescribed    by    the    Secretary    of   Transportation    and
Communications.
(b)  Permit Applications.  - Application for a  permit required  by this Act shall  be  made  by the
vessel owner or operator and includes-
(1 ) the name, address, and telephone number of the vessel owner and operator;


(2) the vessel's name and identification number;
(3) the vessel's area of operation;
(4) the vessel's transport capacity;
(5) a short history of the types of cargo transported by that vessel during the previous
year,  including identification of the type of municipal or commercial waste transported
as-
i.    municipal waste;
ii.    commercial waste;
iii.    medical waste; or
iv.   waste of another character.
(6) any other information the Secretary may require; and
(7) an acknowledgment.
(c) Effective Date of Permits. -A permit issued under this Section. -
(1 ) is effective thirty (30) days after the date it was issued;
(2) may be issued only for a period of not more than five (5) years after the effective
date of permit;
(3) may be renewed for periods of not more than 5 years only by the vessel's owner
or operator that applied for the original permit; and
(4) is terminated when the vessel is sold.
(d) Denial of Permits. - The Secretary of Transportation and Communications may, or at the
request  of the  Secretary  of  Environment  and  Natural  Resources,  deny  the  issuance  of a
permit for any vessel  if the  owner  or operator  of the  vessel  has  a  record  of  a  pattern  of
serious violations of this Act and other related environmental laws, rules and regulations.
(e)   Permit   Decision.    -   The   Secretary   of   Transportation    and    Communications   after
consultation with the Secretary of Environment and Natural Resources, shall issue or deny a
vessel permit under this section within thirty (30) days after receiving a complete application.
On  denying  the  issuance  of the  permit  for  a  vessel,  the  Secretary  of Transportation  and
Communications shall:
(1 ) notify the applicant of the denial and reasons for the denial; and
(2) provide an opportunity for a hearing on the denial.
(f) Maintaining Permit. -
(1 ) ln General. -The permit issued for a vessel under this title shall be maintained in
a manner prescribed by the Secretary of Transportation and Communications.
(2)   Endorsements.   -   lf   a   vessel   is   a   documented   vessel,   the   Secretary   of
Transportation  and  Communications  may  endorse  a  permit  on  the  vessel's  certificate  of
documentation.
SEC 4.  Ivaste Hand/i-ng Pracfi-cos. -(A) In General. -(1 ) Loading. -The owner or operator
of the waste source shall take all reasonable steps to assure that all municipal or commercial
waste  is  loaded  into  a  vessel  in  a  manner  that  assures  that  waste  deposited  in  coastal
waters is minimized.
(2)   Securing.   -  The   owner  or  operator  of  a  vessel   shall   assure  that  all   municipal   or
commercial waste will not be deposited into coastal waters during transport,
(3) Offloading. -The owner or operator of the receiving facility shall take all reasonable steps
to assure that any municipal or commercial waste is offloaded from a vessel in a manner that
assures that waste deposited into coastal waters is minimized.
(4) Cleaning. -The Secretary of Environment and Natural Resources in consultation with the
Secretary of Transportation and Communications, shall prescribe regulations:


(i)  requiring  that  waste  sources,  receiving  facilities,  and  vessels  are  provided  with
means and facilities to assure that the waste will not be deposited into coastal waters during
loading and offloading;
(ii) requiring, as appropriate, the submission and adoption by each,  responsible party
of  an  operation  and  maintenance  manual  identifying  procedures  to  be  used  to  prevent,
report  and  clean  up  any  deposit  of  municipal  or  commercial  waste  into  coastal  waters,
including record keeping requirements; and
(iii) determining  tracking  systems  required  to assure adequate  enforcement of laws
preventing  the  deposit  of  municipal  or  commercial  waste  into  coastal  waters  requiring
installation of the appropriate systems.
SEC  5.  Suspens/.on,  Revocafi.on  and /n/-uncfi.ons.  -  (a)  Suspension  and  Revocation.  -
After notice and opportunity for a hearing, the Secretary of Department of Transportation and
Communications  may suspend  or revoke  a  permit  issued  to  a  vessel  under this  title for a
violation of this Act or a regulation prescribed under this Act.
(b)   Injunctions.   -  The   Secretary  of  Transportation   and   Communications   or  the
Secretary  of  Environment  and  Natural  Resources  may  bring,  a  civil  action  to  enjoin  any
operation   in  violation   of  this  Act  or  a   regulation   prescribed   under  this  Act  before  the
appropriate court in whose jurisdiction the violation occurred.
SECTION 6. Enforoemenf. -
(a)  Periodic  Examinations.  -  The  Secretary  of  Transportation  and  Communications  shall
conduct  periodic  examinations  of  vessels  transporting  municipal  or  commercial  waste  to
determine that each of these vessels has a permit issued under this Act.
(b) Denial of Entry and Detention. -lf a vessel does not comply with this Act, the Secretary of
Transportation and Communications may-
(1 ) deny entry to any place in the Philippines; and
(2) detain at the place in the Philippines from which it is about to depart.
(c)   Persistent  Violators.   -  The   Secretary  of  Environment  and   Natural   Resources  shall
conduct an investigation of the owner or operator of a vessel or facility if the owner has five
(5) or more separate violations during a six (6) month period.
SEC  7.  Subpoena  Author/.fy    -  ln  an  investigation  under  this  Act,  the  attendance  and
testimony of witnesses,  including parties in interest, and the production of any evidence may
be compelled  by subpoena.  The subpoena authority granted  by this Section  is coextensive
with that of a  Regional Trial  Court,  in  civil  matters,  of the place  in which the  investigation  is
conducted.
(b)  Subpoena  Authority.  -  An  official  designated  by  the  Secretary  of  Transportation  and
Communications   or   Secretary   of   Environment   and   Natural   Resources   to   conduct   an
investigation under this Act may issue subpoenas as provided in this section and administer
oaths to witnesses.
(c)  Failure to Comply.  -When a  person fails to obey a subpoena  issued  under this section,
the  appropriate  court  in  whose  jurisdiction  the  investigation  is  conducted  or  in  which  the
person  failing  to  obey  is  found  shall,  on  proper  application,  issue  an  order  directing  that
person to comply with the subpoena.  The court may punish as contempt any disobedience
of its order.


(d) Witness Fees. - A witness complying with a subpoena issued under this section may be
paid for actual travel and attendance at the rate which is to be determined  by the Secretary
of  Transportation   and   Communications  and   the  Secretary  of  Environment  and   Natural
Resources.
SEC 8.  Fees.  - The Secretary of Transportation and  Communications  may collect a fee of
not more than Thirty Thousand  Pesos (P30,000.00) from  each  person to whom  a  permit is
issued under this Act for a permitting system and to maintain an information system.
SEC 9. /mpos/-fi.on of F/.ne.- (a) General Procedures. - After notice and an opportunity for a
hearing,  a  person  found  by the  Secretary of Transportation  and  Communications  to  have
violated this Act shall  be  liable for the  payment of a fine  in an amount to be assessed  and
determined  by  the  Secretary  of  Transportation  and  Communications  by  written  notice.  In
determining  the  amount  of the  fine,  the  Secretary  of Transportation  and  Communications
shall  consider the  nature,  circumstances,  and  extent of the  prohibited  acts committed  and,
with  respect to the violator,  degree of culpability,  any history of prior offenses,  ability to pay,
and other matters that justice requires.
(b) Compromise.  - The Secretary of Transportation and Communications may compromise,
modify, or remit, with or without consideration a fine under this Act until the matter is referred
to the Solicitor General.
(c)  Referral to the  Solicitor General.  -  If a  person fails to  pay the fine as determined  by the
Secretary   of  Transportation   and   Communications   and   after   it   has   become   final,   the
Secretary  of  Transportation  and   Communications  pay  refer  the  matter  to  the  Solicitor
General for the collection in an appropriate court of the Philippines.
(d) Refund of Penalty. -The Secretary of Transportation and Communications may refund or
remit  the  fine  collected   under  this  Act  if  (1)  application   has  been   made  for  refund   or
remission  of the fine within  one  year from  the  date  of payment;  and    (2) the  Secretary of
Transportation   and   Communications  finds   that  the  fine   was   unlawiully,   improperly,   or
excessively imposed.
SEC  10.  Pena/fi.es.  -  (a) Amount of Fine.  -  Except as  provided  in  Section  9  of this Act,  a
person violating any provision of this Act shall  be held  liable to the government for a fine of
not  more  than  P  150,000.00.  Each  day  of a  continuing  violation  is  a  separate  violation.  A
vessel involved in the violation also is liable in rein for the penalty.
(b)  Operating  without a  Permit.  - A  person  violating  any  provision  of this Act shall  be  held
liable  to  the  government for a  fine  of not  more  that  P  250,000.00.  Each  day of continuing
violation is a separate violation. A vessel involved  in the violation also is liable in rein for the
penalty.
(c)  Criminal  Liability.  -  Any  person  that  knowingly  violates,  or  that  knowingly  aids,  abets,
authorizes,  or instigates a violation  of this Act shall  be  imprisoned for not more than  six (6)
years, or be fined, or both.
(d) Rewards for Information.  -The Secretary of Transportation and Communications, or the
Secretary of Environment and  Natural  Resources,  as the case may be,  may pay a  renewal
of  up  to  one-half  of  a  fine  or  penalty  to  any  person  giving   information   leading  to  the
assessment of the fine.
SEC  11.  Sfody ar]d Recommendafi.on.  -(a)  Study.  -The  Secretary of Environment and
Natural     Resources,     in     consultation     with     the     Secretary     of    Transportation     and
Communications,  shall  conduct  a  study  to  determine  the  need  for,  and  effectiveness  of


additional tracking  systems for vessels to assure that municipal or commercial waste is not
deposited  in  coastal  waters.  In  conducting  this  study,  the  Secretary  of  Environment  and
Natural   Resources  shall  use  the  data  collected  from  its  permitting  and  enforcement  of
tracking  systems.  The  report  shall  include  a  recommendation  whether  additional  tracking
systems  are  needed.  This  study  shall  be  submitted  to  Congress  within  twenty  four  (24)
months after the date of effectivity of this Act.
(b) Recommendations. - The Secretary of Transportation and Communications shall provide
recommendations  to  the  Secretary of Environment and  Natural  Resources  concerning  the
various  tracking  systems  that  might  be  applicable  to  vessels  transporting   municipal  or
commercial waste.
SEC   12.   Separab/./i.fy   C/ause.   -   lf   any   provision   or   part   hereof,   is   held   invalid   or
unconstitutional,  the  remainder  of  the  law  or  the  provision  not  otherwise  affected  shall
remain valid and subsisting.
SEC  13.  Repea/i.ng  C/ause.  -Any  law,  presidential  decree,  or issuance,  executive  order,
letter of instruction,  administrative  order,  rule  or regulation  contrary to  or  inconsistent with,
the provisions of this Act is hereby repealed, modified or amended accordingly.
SEC 14. Effecfi.yi'fy C/ause. -This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspaper of general circulation.
Approved,