S E N A T E  
S. B. No. 
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
The importance of coastal and marine ecosystems cannot be taken for granted 
especially in an archipelagic country like the Philippines, which is naturally endowed with 
rich and vast marine resources. Our country's 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 
184,600 sq, 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. The 
Philippines is richest in the world in marine biodiversity with around 2,500 fish species. A 
square kilometer of coral reefs translate into 210,000 tons of fish and other marine products a 
year. From a hectare of mangroves, 12.5 cubic of fuelwood.and 800 kilograms of fish, 
shrimps, crabs and mollusks can directly be harvested. 
Unfortunately, the above-referred marine resources suffer threats from being 
damaged as the quality of our coastal water continuously deteriorates over time. One of the 
major causes of such degradation comes from the shipping operations, which according to 
Greenpeace, accounts for 12% of the total sources of marine pollution. 
Accordingly, this bill seeks to prevent and control pollution sourced 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 73/78, to which the Philippines is a signatory. 
This bill covers the different types of ship-generated poilution such as oil pollution, 
pollution from chemicals carried in bulk, pollution from packaged goods, pollutions se age, 
pollution from garbage and air pollution from ships. It intends to achieve eliminati T n of 
intentional pollution of the marine environment by oil and other harmful substances ~b the 
minimization and control of accidental discharge of such substances. 
In view of the foregoing, the immediate enactment of this measure is eardestly 
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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
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S.B. No. 
INTRODUCED BY THE HONORABLE MAR R O U S  
AN ACT 
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE PENALTIES 
THEREFOR, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House OfRepresentatives in Congress, assembled: 
CHAPTER I 
GENERAL PROVISIONS 
SECTION 1. Short 7YtIe. This Act shall be known as the ‘Ship Pollution Prevention 
and Control Act of 2008.” 
SEC. 2. Declaration ofpolicy. 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. 
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CHAPTER I1 
DEFINITION OF TERMS 
SEC. 3. Definition of Terms. As used in this Act: 
(a) 
“Department” means the Department of Transportation and Communications 
(DOTC) ; 
(b) 
“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; 


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(c) 
“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; 
(d) 
“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; 
(9) 
“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; 
6) 
“Oil tanker” means 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; 
(j) 
“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) 
“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. 
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(n) 
“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. 
( 0 )  
“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 of sea pollution is required: 
(p) 
“Ship owner” means the registered owner of the ship or any person who has 
assumed the operations of the ship; 
(9) 
“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, destination and schedule, and in light 
of the purpose and scope of the investigation, inspection or other cause for detaining the 
‘ship 
CHAPTER I11 
SCOPE AND APPLICATION 
SEC. 4. Scope and Appljcation ofthe 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 Philippines: 
(b) With respect to the application of this Act to ships of States which are not 
MARPOL 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, hi-ther, that the Maritime Industry Authority 
(MARINA), Philippine Coast Guard (PCG), Philippine Ports Authority (PPA) and other 
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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 ResponsibiIities 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) Oversee the implementation of this Act and coordinate the efforts of concerned 
agencies; 
(b) In coordination with the Department of Environment and Natural Resources 
(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 Pollution 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 inipose appropriate 
sanctions; 
(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. Maritinie Industly Authority (MARINA). For purposes of this Act, the 
MARINA shall perform the following duties and functions: 
a) 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. 
b) Review and revise, where appropriate, the existing system of certification, survey, 
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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 
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transparency, consistent with the overall management of the maritime sector and in 
accordance with this Act and internationally accepted system; 
c) Survey the ship’s structure, equipment, fittings, arrangements and materials in 
compliance with the requirements and guidelines for purposes of preventing pollution from 
ships; 
d) Issue the required certification upon survey of the the ship’s structure, equipment, 
fittings, arrangements and materials: 
e) Modify, suspend or revoke at any time, upon notice and hearing, any certificate, it 
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b) Detain ships in accordance with Section 56 hereof; 
may have issued to any ship owner; 
f )  Recommend detention ships in accordance with Section 56 hereof; 
g) Hear and adjudicate any violation of rules and regulations of the MARINA issued 
for the implementation of functions of MARINA pursuant to this Act; 
h) 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 
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 73/78 
and shall not change or in any way amend or be contrary to the intent and purposes of this 
k) Provide its officers and personnel with adequate training and continuing 
education to ensure an efficient and professional pollution regulatory machinery; 
.l) 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 (PCG). For purposes of this Act, the PCG shall 
perform the following duties and functions: 
a) Establish a system of inquiry and investigation on incidents for the purpose of 
preliminary determination of violation of this Act; 
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c) 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; 
d) 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 (IOPPC) and Oil Pollution Prevention Certificate 
(OPPC); 
e) Evaluate and approve shipboard oil pollution emergency plan; 
0 Issue and inspect oil record book; 
g) 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; 
h) 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, 
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. 
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; 
1) 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 ro 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 resources due to a discharge, or an imminent 
discharge, of large quantities of oil, noxious liquid substance or other harmful substances 
from ships, the PCG may (a) coordinate and direct all efforts towards the removal or 
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elimination of such’ a threat, and (b) summarily remove, by whatever means available, such 
ship which causes the threat. 
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Other than the circumstances stated in the first paragraph,’ the PCG 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 witnesses under oath, for the 
purpose of verifying compliance with this Act. 
‘SEC. 10. Phirippine Ports Authority (PPA) and otherport 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) Recommend detention of ships in accordance with Sec. 56; 
c) 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; 
d) 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; 
e) 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 Environmenr 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 
special 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. 
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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. 
CHAPTER V 
PREVENTION OF POLLUTION FROM SHIPS 
Article 1. - General Provisions 
SEC. 13. General Guidelines. - The MARINA shall formulate guidelines conceriiing 
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. Receprion 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 afid 
garbage at the authorized reception facilities subject to the integrated waste management 
system to be established by port authorities. 
.. 
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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 
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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 
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 harmhl substance, sewage and 
garbage from ships. 
SEC. 19. Immediate Repoz-t 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 ofthe ship owner. - The ship owner is required to: 
(a) 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; 
(b) 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; 
(e) Obtain appropriate certificates required by the concerned agencies pursuant to 
this Act; 
(d) 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; 
(e) Notify the PCG of any incident involving its ship or other ships in accordance 
with regulations issued pursuant to this Act; 
(f) Undergo immediate cleaning operations in the event of oil spill within the 
‘country’s territorial sea pursuant to applicable laws. 
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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: 
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(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 oil 
pollution 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 Ballast or Unprocessed/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 Facility of Oil Residues. - 
Oil residues prohibited to be discharged from ships under 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. 
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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 
maintained 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 ofiVoxibus 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 this 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 
MARPOL Convention and shall be subject to public hearing and consultation. Such rules and 
regulations shall be reviewed five (3) years follbwing the effectivity of this Act, and every 
three (3) years thereafter or whenever it is deemed necessary 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 ofharmful substances. For purposes of this 
Act, the DENR shall issue guidelines for the’ identification of harmful substances in packaged 
form takine into account the followine criteria: 
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(a) bio-accumulated to a significant extent and known to produce a hazard to aquatic 
life or to human health; 
(b) bio-accumulated with attendant risk to aquatic organisms or to human health with 
a short retention of the order of one week or less; 
'(c) liable to produce tainting of seafood; and 
(d) highly toxic to aquatic life, defined by a LC50/96 hour less than 1 ppm. 
SEC. 31. Packing, marking, labeIing 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 PCG shall issue 
detailed requirements on stowage of harmful substances, 
SEC. 32. Washing ofLeakage 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 ofsewage. - The discharge of sewage into territorial, or on the 
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: 
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(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 at a 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 
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international standards; and 
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(c) the ship has in operation an approved sewage treatment plant or alternative 
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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 
than 50 persons or new ships of 200 gross tonnage and above shall be provided with marine 
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 
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 this Act, the disposal 
into territorial water, or tributary, or on the . .  bank 
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of territorial 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 Comminufer 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 regulations 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. 
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CHAPTER VI 
PREVENTION OF POLLUTION FROM FIXED AND 
FLOATING DRILLING RIGS AND OTHER PLATFORMS 
SEC. 39. Applicable Requirements for Offsore 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. Offsore 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 
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CHAPTER VI1 
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12 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. 
PROHIBITED ACTS AND ADMINISTRATIVE SANCTIONS 
SEC. 41. Discharge of Oil, Noxious or Liquid Substances and Other Harmfil 
Substances. Unless otherwise allowed under this Act, no person shall discharge, or cause the 
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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 
.~0,000,000.00) 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 ofHarmfiI Substances in Packaged Form. - Any ship which carries 
harmful substances in packaged forms, or in freight containers, portable tanks or road and 
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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 
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 
Hundred Thousand pesos (Php100,OOO.OO) to be imposed by the Secretary. 
SEC. 45. Refisal 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,OOO.OO) to be imposed by the 
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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 
liable 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-water separating equipment or unit, or Oil Discharge 
Monitoring system, when required 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 (Phpl00,000.00) 
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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,OOO.OO) to be imposed by the Commandant of PCG. 
SEC. 52. Absence of Marine Sewage Sanitation Device or Sewage neatment 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 Kolation. 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,OOO.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,OOO). 
.. 
SEC. 56. Neglect ofDuty. - Any government official or employee charged with the 
responsibility of implementing the provisions of this Act, wha 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 andor administrative cases in court. 
SEC. 57. Arrest and Detention ofForeign 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) First violation - a fine not to exceed One hundred thousand pesos 
(Php100,000.00); 
(2) Second violation - a fine more than One hundred thousand pesos 
(Php100,OOO.OO) but not to exceed Two hundred 
thousand pesos 
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(3) Third violation - a fine of at least Two hundred thousand pesos (P200,OOO) 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 (lO?h) every three (3) years from the 
effectivity of this Act. 
CHAPTER VI11 
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 
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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. 
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SEC. 61. Marine Pohtion 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 Chairman, 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 marine 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 fimd shall be sourced from 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 
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. 
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4. Ninety percent (90%) of the hnds 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, firther, that the amounts specifically appropriated for Oil Pollution 
Management Fund under the General Appropriations Act shall be used 
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exclusively for the activities authorized under the Oil Pollution Compensation 
Act; 
SEC. 63. Ship PoIIution 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) databanking; (c) development of reception facilities; (d) niarine 
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, shail promulgate the implementing ruies 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. Transitoy Provisions. This Act shall apply to all ships which navigate 
international routes immediately upon the effectivity of this Act. 
The Department through its attached 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. 
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SEC. 68. Separabi’ity 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 contraiy 
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,