FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 689 
) 
) 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article II, Section 15 of the 1987 Constitution provides that: "The State 
shall protect and promote the right to health of the people and instill health 
consciousness among them." Further, Section 16 of the same article states 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." 
Pursuant to the above-quoted constitutional mandates, Republic Act No. 
6969, otherwise known as the ''Toxic Substance and Hazardous and Nuclear 
Wastes Control Act of 1990 was promulgated. Presently, RA No. 6969 
regulates, restricts and prohibits ,the importation, manufacture, processing, sale, 
distribution, use and disposal of chemical substances, toxic and hazardous 
wastes and substances, and other harmful mixtures that present unwarranted 
risks to the environment and/or injuries to the people. It penalizes acts like 
causing, aiding or facilitating, directly or indirectly, in the storage, importation, or 
bringing into the Philippine territory, toxic and hazardous wastes and SUbstances. 
Unfortunately, the penalties and fines provided for under the present RA 
6969 are not commensurate to the gravity and seriousness of the dangers that 
toxic substances and hazardous and nuclear wastes bring to health and 
environment. It is, therefore, imperative that RA No. 6969 be amended to 
impose stricter and stiffer penalties and fines in order to give more teeth to the 
said law. 
Thus, this bill seeks to amend R.A. No. 6969 by increasing the penalties 
and fines provided for in the said law, to wit: 
• 
(i) Imprisonment of 6 years and 1 day to 12 years and fine of Php250,000-
Php500.000 for any person committing any of the following acts: 
a. Knowingly use in chemical substance or mixture which is imported, 
manufactured, processed or distributed in violation R.A. No. 6969 
b. Failure or refusal to submit data or information required by R.A. No. 
6969; 
c. Failure or refusal to comply with the pre-manufacture and pre-
importation requirements under RA No. 6969; 
(ii) Imprisonment of 20 vears and 1 day to 40 vears and fine of Php5 Million-
Php10 Million for any person bringing into Philippine territory any amount of 
hazardous and nuclear wastes. 


(ii) Imprisonment of 20 vears and 1 day to 40 vears and fine of Php5 Million-
Php10 Million for any person bringing into Philippine territory any amount of 
hazardous and nuclear wastes. 
The bill also provides for the imposition of treble costs or the payment of 
three (3) times the value of damages for acts causing damage to persons and/or 
to the environment. Such treble costs shall be allocated to a Special Fund, which 
shall exclusively be used as reparations for the aforesaid damages, without 
prejudice to the filing of the appropriate civil and criminal cases. 
In view of the foregoing, the passage of this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
689 
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) 
) 
Hl 
JUL -7 P 3 :11 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO FURTHER PROTECT THE ENVIRONMENT FROM TOXIC SUBSTANCES 
AND HAZARDOUS AND NUCLEAR WASTES BY IMPOSING STIFFER 
PENALTIES FOR VIOLATIONS OF REPUBLIC ACT NO. 6969, AMENDING 
FOR THE PURPOSE SECTIONS 14 AND 15 THEREOF, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Phifippines 
in Congress assembled: 
' 
SECTION 1. Section 14 of Republic Act No. 6969 is hereby amended to 
read as follows: 
. Section 14 - Criminal Offenses and Penalties 
a) 
i. The penalty of imprisonment of [six (6) months and one day to six 
(6) years and one day and a fine ranging from Six hundred pesos (P600.00) to 
Four thousand pesos (P4,OOO.OO)] SIX (6) YEARS AND ONE (1) DAY TO 
TWELVE (12) YEARS AND A FINE RANGING FROM TWO HUNDRED FIFTY 
THOUSAND PESOS (P250,OOO.00) TO FIVE HUNDRED THOUSAND PESOS 
(P500,000.00) shall be imposed upon any person who shall violate section 13(a) 
to (c) of this Act and shall not be covered by the Probation Law. If the offender is 
a foreigner, he or she shall be deported and barred from any subsequent entry 
into the Philippines after serving his or her sentence; 
ii. X X X; 
iii. In case the offender is a government official or employee, he or 
she shall, in addition to the above penalties, be deemed automatically 
dismissed from office and permanently disqualified from holding any 
elective or appointive position. PROVIDED, THAT THIS SHALL BE 
WITHOUT 
PREJUDICE 
TO 
OTHER 
CRIMINAL 
AND/OR 
ADMINISTRATIVE CHARGES FOR WHICH HE OR SHE MAY BE HELD 
LIABLE. 
b) i. The penalty of imprisonment of [twelve (12) years and one day to 
twenty (20) years] TWENTY (20) YEARS AND ONE (1) DAY TO FORTY (40) 
YEARS AND A FINE RANGING FROM FIVE MILLION PESOS (P5,OOO,OOO.OO) 
TO TEN MILLION PESOS (P10,OOO,OOO.00), shall be imposed upon any person 
who shall violate section 13(d) of this Act. If the offender is a foreigner, he or she 
shall be deported and barred from any subsequent entry into the Philippines after 
serving his or her sentence; 


• 
ii. In case of corporations or other associations, the above penalty shall be 
imposed upon the managing partner, president or chief executive in addition to 
an exemplary damage of at least [Five hundred thousand pesos (P500,OOO.OO)] 
TWENTY MILLION PESOS (P20,OOO,OOO.OO). If it is a foreign firm, the director 
and all officers of such foreign firm shall be barred from entry into the Philippines, 
in addition to the cancellation of its license to do business in the Philippines; 
iii. In case the offender is a government official or employee, he or she 
shall in addition to the above penalties be deemed automatically dismissed from 
office and permanently disqualified from holding any elective or appointive 
position. PROVIDED, THAT THIS SHALL BE WITHOUT PREJUDICE TO 
OTHER APPROPRIATE CRIMINAL AND/OR ADMINISTRATIVE CHARGES 
THAT MAY BE FILED. 
c.xxx 
D. EVERY PERSON WHO VIOLATES ANY OF THE PROHIBITED ACTS 
PROVIDED FOR UNDER SECTION 13 RESULTING TO DAMAGE TO 
PERSONS 
AND/OR 
ENVIRONMENT, 
SHALL 
IN 
ADDITION 
TO 
THE 
PENALTIES PROVIDED IN THIS ACT, SHALL FURTHER BE LIABLE TO PAY 
TREBLE COSTS OF THREE (3) TIMES THE VALUE OF THE DAMAGES 
CAUSED. PROVIDED, THAT ALL TREBLE COST PAYMENTS MADE UNDER 
THIS ACT SHALL AUTOMATICALLY BE ALLOCATED TO A SPECIAL FUND, 
WHICH SHALL EXCLUSIVELY BE USED FOR THE REPARATIONS OF THE 
DAMAGES CAUSED BY REASON OF THE VIOLATIONS OF THIS ACT; 
PROVIDED, FURTHER, THAT RECOVERY BY ANY PERSON FROM THE 
SPECIAL FUND CONTAINING THE TREBLE COST PAYMENTS SHALL BE 
WITHOUT PREJUDICE TO THE INSTITUTION OF THE APPROPRIATE CIVIL 
AND/OR CRIMINAL CASES. 
[d.] E. The person or firm· responsible or connected with the bringing or 
importation into the country of hazardous or nuclear wastes shall be under 
obligation to transport or send back said prohibited wastes; 
Any and all means of transportation, including all facilities and 
appurtenances that may have been used in transporting to or in the storage in 
the Philippines of any significant amount of hazardous or nuclear wastes shall at 
the option of the government be forfeited in its favor. 
SEC. 2. Section 15 of Republic Act No. 6969 is hereby amended to read 
as follows: 
Section 15. Administrative Fines. - In all cases of violations of this 
Act, including violations of implementing rules and regulations which have 
been duly promulgated and published in accordance with Section 16 of 
this Act, the Secretary of Environment and Natural Resources is hereby 
authorized to impose a fine of not less than Ten thousand pesos 
(P10,OOO.OO), but not more than [Fifty thousand pesos (P50,OOO.OO)] ONE 
,HUNDRED THOUSAND (P100,OOO.OO) upon any person or entity found 
guilty thereof. The administrative fines imposed and collected by the 
Department of Environment and Natural Resources shall accrue to a 
special fund to be administered by the Department exclusively for projects 
and research activities relative to toxic substances and mixtures . 
• 


SEC. 3. AUTOMATIC ADJUSTMENT OF FINES. -
THE FINES 
PRESCRIBED IN THIS ACT SHALL AUTOMATICALLY BE INCREASED BY 
TEN PERCENT (10%) EVERY THREE (3) YEARS FROM THE EFFECTIVITY 
OF THIS ACT. 
SEC. 4. Separability Clause. - If, for any reason, any part or provision of 
this Act is declared invalid, such declaration shall not affect the other provisions 
of this Act. 
SEC. 5. Repealing Clause. - All laws, decrees, executive orders, 
issuances, rules or regulations or parts thereof, which are inconsistent with the 
provisions of this Act, are hereby deemed repealed, amended or modified 
accordingly. 
SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two national newspapers of general 
circulation. 
' 
Approved,