Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

503

H. B. No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. 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 effiuents 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 (PS, 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.

Early passage of this bill is earnestly urged.

JUAN EDGARI
Represéntative
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES y
First Regular Session )

503

“HB. No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. 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 House of Representatives of the Philippines 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
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,

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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;
(6) 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.”

SECTION 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 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 (|) MILLION PESOS (PI,
000,000.00) AND THE LICENSE OF SUCH ENTITY SHALL
LIKEWISE BE CANCELLED.”

SECTION 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

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[P 10,000.00] 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.”

SECTION 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);

(8) ACCUMULATION AND BIOTRANSFORMATION IN 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.”

SECTION 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.

SECTION 6. Repealing Clause. All acts, executive orders, administrative orders,
proclamations, rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 7. Effectivity. This Act shall take effect fifteen (1 5) days after its publication
in at least two (2) newspapers of general circulation.

Approved,