L 
d 
THIRTEENTH CONGRESS OF THE REPUBLIC 3 
sM JuN 
First Regular Session 
OF THE PHILIPPINES 
S E N A T E  
S. B. No. 
Introduced by Senator LUISA ‘%Or’ P. EJERCITO ESTRADA 
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 cmunercial 
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. 
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LUISA “LOX” 3& EJERCITO ESTRADA 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF T I E  PHILIPPINES 
1 
S. B. No. 
V ”  
Introduced by Senator LUISA “LOT‘ P. EJERCITO ESTRADA 
AN ACT 
REGULATING SHIPPING VESSELS COASTING PBTLIPPN WATERS FOR 
THE PROTECTION OF SHORES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act may be cited as the “Shore Protection Act.” 
SECTION 2. Definition 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 
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(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 fiom construction activities; 
@) sewage sludge; and 
(E) dredged 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; .. . 
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(4) 
“receiving facility” means a faciiity or operation where municipal or 
commercial waste is unloaded from a vessel; 
(5) 
“waste source” means a facility or vessels from which municipal or 
commercial waste is loaded unto vessels, including any rolling stock or 
motor vehicles from which that waste is directly loaded. 
SECTION 3. Vessels Permits and Numbers. - (a) In General. - A vessel may 
not transport municipal or commercial waste in coastal waters without (1) a permit for 
that vessels fiom the Secretary of Environment and Natural Resources; and (2) displaying 
a number or other markings on the vessels 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 vessels owner or operator and include- 
(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 - 
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(A) municipal waste; 
(€3) commercial waste; 


(C) medical waste; or 
(D) 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. - . . . 
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(1) is effective thirty (30) days d e r  the date on which it was issued; 
(2) may be issued only for a period of not more than five (5) years aRer 
the effective date of permit; 
(3) may be renewed for periods of not more than 5 years only by the 
vessels’ 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 
aRer 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: 
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(1) notify the applicant of the denial and reasons for the denial; and 
(2) provide an opportunity for a hearing on the denial. 


(9 Maintaining Permit. - 
(1) In 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. - If a vessel is a documented vessel, the Secretary of 
Transportation and Communications may endorse a permit on the vessel’s 
certificate of documentatian. 
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SECTION 4. Waste Handling Practices. - (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 trmsport. 
(3) Ofloading. - The owner or operator of the receiving facility shall take all 
reasonable steps to assure that any municipal or commercial waste is offloaded fi-om 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; 
requiring, as appropriate, the submission and adoption by each, 
responsible party of an operation and maintenance manual 
identifjlng 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 
(ii) 
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(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. 
SECTION 5. Suspension, Revocation and Injunctions. - (a) Suspension and 
Revocation. - M e r  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. Enforcement. - 
(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. - If 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 fi-om 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. 
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SECTION 7. Subpoena Authu&y. 
- In 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 C o d ,  in civil matters, for 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 conducteq 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. 
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(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. 
SECTION 8. Fees. - The Secretary of Transportation and Communications may 
collect a fee of not more than Thirty Thousand Pesos (p30,OOO.OO) from each person to 
whom a permit is issued under this Act for a permitting system and to maintain an 
information system. 
SECTION 9. Imposition of Fine.- (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 Communication and afler 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) Refbnd of Penalty. - The Secretary of Transportation and Communications 
may rehnd or remit the fine collected under this Act if 
(1) application has been made for refbnd or remission of the 
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fine within one year from the date of payment; and 
(2) the Secretary of Transportation and Communications finds that the fine 
was unlawfully, improperly, or excessively imposed. 
SECTION 10. Penalties. - (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 rem 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 vessels involved in the violation also is 
liable in rem for the penalty. 


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(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 
Cominunications, 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. 
SECTION 11. Study and Recommendation. - 
(a) Study. - The Secretary of 
Environment and Natural Resources, in consultation with the Secretary of Transportation 
and Communication, 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. 
SECTION 12. Separability Clause. - If 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. 
SECTION 13. Repealing Cluuse. - Any law, presidential decree, or issuance, 
executive order, letter of instruction, administrative order, rule or regulation not contrary 


to or inconsistent with, the provisions of this Act is hereby repealed, modified or 
amended accordingly. 
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SECTION 14. Effectivity CZause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspaper of general circulation. 
Approved, 
GyL/slee billMOLET/shore protection act