FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
EXPLANATORY NOTE 
Sodium Cyanide (NaCN) is one of the most illegally used substances that cause 
extensive damage to our marine resources. This substance, while used in many 
manufacturing processes like mining, electroplating, jewelry making and other chemical 
manufacturing, is also used in the catching of live reef fish which gravely decimate the 
nation's fish breeding habitats, aqua-marine food chains, and consequently, diminish 
fish supply and eliminate the livelihood of our coastal populations who depend on the 
aqua-marine resource for their survival. The worst possible scenario is that illegal 
cyanide fishing and waste dumping would eventually threaten the food security of our 
people. 
While thousands of metric tons of cyanide are imported into the country by 
legitimate users, large portions of this quantity may have fueled cyanide fishing. 
Coupled with this fact are reports that sodium cyanide is brought illegally into the 
country through our southern backdoor. 
Whether legal or otherwise, the movement of sodium cyanide has remained 
unregulated amidst various studies and reports on the destructive application of 
environmentally-unaware users of said substance. Of course, sodium cyanide is not the 
only substance that causes such destructive effects in our marine resources. Movement 
of other hazardous substances which remain unregulated are also being transported to 
various provinces like Palawan in large quantities by commercial passenger boats 
carefully packed so as to avoid examination at the ports. 
Republic Act 6969, otherwise known as the "Toxic Substances and Hazardous 
and Nuclear Wastes Control Act of 1990, aims to control the importation of toxic 
substances, and hazardous and nuclear wastes. The law, however, does not regulate 
the sale, purchase and possession of such substances in the country. 
It is the purpose of this proposed bill to regulate the sale, purchase and 
possession of toxic and hazardous substances, including sodium cyanide, and to 
impose penalties and fines for the criminal offenses and violations. 
In view of the foregoing, it is strongly recommended that this bill be approved 
immediately. 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
Introduced by Senator JUAN MIGUEL F. ZUBlRl 
AN ACT 
TO REGULATE THE SALE, PURCHASE AND POSSESSION OF TOXIC AND 
HAZARDOUS SUBSTANCES, INCLUDING SODIUM CYANIDE PROVIDING 
PENALTIES FOR VIOLATION THEREOF. AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the “Toxic and Hazardous 
Substances Control of 2007”. 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
preserve the country’s aquamarine resource, as a means of ensuring food supply of 
the people and maintaining the balance in the natural environment. In pursuit of this 
policy, the State shall regulate the sale, purchase, possession, use, transport, 
storage, transfer and disposal of toxic and hazardous substances that destroy the 
marine environment. 
SEC. 3. Definition of Terms. - For purposes of this Act: 
a) “Hazardous-substances” shall refer to substances which present either: 
1) short-term acute hazards, such as acute toxicity by ingestion, 
inhalation or skin absorption, corrosivity or other skin or eye contact 
hazard on the risk of ire or explosion; or 
2) long-term environmental hazards, including chronic toxicity upon 
repeated exposure, carcinogenicity (which may in some cases result 
from acute exposure but with a long latent period), resistance to 
detoxification process such as biodegradation, the potential to pollute 
underground or surface waters, or aesthetically objectionable 
properties such as offensive odors; 
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b) “Sodium Cyanide” shall refer to toxic substances, either in powder or pellet 


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form, chemically identified as NaCN; 
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c) “Sale” shall refer to the act of transferring ownership of a material or item, of 
value from one person to another for monetary or any other consideration; 
d) “Purchase” shall refer to the act of buying a materiel or item of value for 
monetary or any other consideration; and 
e) “Possession” shall refer to the state or situation where a person has 
physical custody of toxic and hazardous substances including sodium 
cyanide in his person, vehicle or domicile 
. 
Cyanide - 
SEC. 4. Sale/Purchase of Toxic and Hazardous Substances including Sodium 
a) The sale/purchase, use, transport, storage, transfer and disposal of 
toxic hazardous substances, including sodium cyanide shall be strictly 
controlled by the government. 
b) Persons or entities intending to seWpurchase, use, transport, store, 
transfer and dispose toxic and hazardous substances, including sodium 
cyanide, from a local trader shall first seek authorization from the 
Philippine National Police (PNP) of the Department of Interior and Local 
Government (DILG). The intent to selVpurchase, use, transport, store, 
transfer and dispose shall specify the quantity, the purpose, and the 
address of the place where such transaction shall be carried out. 
c) Only persons or entities with such authorization may be allowed to 
selVpurchase, use, transport, store, transfer and dispose the substance 
and are not allowed to sell, give or transfer such substances to 
unauthorized persons or entities. 
SEC. 5. Possession of Toxic and Hazardous Substances, including 
Sodium Cyanide. - Possession of toxic and hazardous substances including sodium 
cyanide, without the required permit under existing rules and regulations shall 
constitute a prima facie evidence of violations of the provisions of this Act. 
SEC. 6. Inspection and Reporting. - 
a) Sellers/Purchasers/Users of toxic and hazardous substances, including 
sodium cyanide, whether end-users or traders, shall make a weekly 
report on the usagekale of the substance. The reports, on a form 
prescribed for this purpose shall be submitted to the Environmental 
Management Bureau (EMB) of the Department of Environment and 
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Natural Resources (DENR) and the PNP of the DILG. 
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b) The report shall contain consumption data, in the case of end-users, or 
the list of buyers, together with a reproduced copy of the authority to 
purchase, in the case of traders. 
c) Agents or deputized representatives of the Environment Management 
Bureau and the Philippine National Police, shall make periodic 
inspections of the premises of end-users to evaluate the veracity of the 
reports submitted. Traders shall likewise be subjected to spot checks. 
Such inspection shall include the buyers submitted by the trader. 
SEC. 7. Prohibited Acts. - It shall be unlawful for any person to cause, aid 
or facilitate, directly or indirectly, the sale, purchase, use, transport, storage, transfer, 
disposal and possession of toxic and hazardous substances, other than those 
authorized under existing rules and regulations. 
SEC. 8. Penalties. - The following acts shall be punishable by prison 
mayor (from six [6] years and one [I] 
day to twelve 1121 years, and a fine of not less 
than Two hundred fifty thousand pesos (P250,OOO.OO): 
a) Any person or entity who has caused to selVpurchase, use, transport, 
store, transfer and dispose toxic and hazardous substances, including 
sodium cyanide, without any previous authorization as defined in this 
Act: 
b) Any person or entity found to posses sodium cyanide without any 
document to show that it has been purchased legally, as defined in this 
Act, locally or from abroad, shall be considered to possess the 
substance unlawfully; 
c) Any person or entity who knowingly use, transport, store, and transfer 
toxic and hazardous substances, including sodium cyanide, to a 
person not authorized to purchase such substances. 
SEC. 9. Liability of Juridical Persons. - If the violation of any provisions of this 
Act is committed by a corporation, partnership, association or similar entity, the 
President, Manager or most senior officers thereof shall be held liable for the offense. 
SEC. 10. lnapplicability of the Probation Law. - Any person found guilty of 
violating any provisions of this Act shall be excluded from the benefits of the 
Probation Law. 
SEC. 11. lmplementing Rules and Regulations. - The Secretary of the DENR, 
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in consultation with the Bureau of Fisheries and Aquatic Resources (BFAR) of the 
Department of Agriculture (DA), the PNP, as well as other concerned agencies, shall 
formulate and issue, within ninety (90) days from the approval of this Act, the 
necessary rules and regulations for the successful implementation of the provisions 
of this Act. 
SEC. 12. Separability Clause. - If for any reason, any part of or provision of 
this Act is declared unconstitutional or invalid, such parts not affected thereby shall 
remain in full force and effect. 
SEC. 13. Repealing Clause. - Any law, executive order, letter of instruction, 
rules and regulations, circulars, issuances or any part thereof inconsistent with any of 
the provisions of this Act is hereby repealed, modified or amended accordingly. 
SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its complete publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved, 
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