Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

H.No.__114

Introduced by Hon. 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 XIl, 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 contro! 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 effluents 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
tendered 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
(P5,000.00) 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.

frac - Re
JUAN EDGARDO “SONN’ ANGARA


THIRTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES _)
First Regular Session )

HOUSE OF REPRESENTATIVES
.B.No. 114

Introduced by Hon. Juan Edgardo *Sonny” M. Angara

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 the 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, any refuse matter of any kind of description
whatever other than that flowing from streets and sewers and passing
therefrom 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, 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


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, 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;
b. 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.”

SEC. 2 Section 6 of the same Decree is hereby amended to read as

follows:

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 (1) MILLION
PESOS (P1,000,000.00) AND THE LICENSE OF SUCH ENTITY SHALL
LIKEWISE BE CANCELLED.”

SEC. 3 Section 7 of the same Decree is hereby amended to read as


“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 [P10,000.00} ONE
MILLION PESOS (P1,000,000.00) or imprisonment of not [more than six
months bul not] less than [30 days] SIX MONTHS. The owner or operator
of a vesse! or facility which discharged the oil or oily mixture{may] SHALL

be liable to pay for any clean-up costs.”

SEC. 4. ‘new section is hereby added after Section 7 of same Decree,
to be denominatud as “Sec. “7-A," which shall read as follows:

Sc 7A. THE PHILIPPINE COAST GUARD, IN
COO!'DIN.\TION 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
CHARAC isISTICS AND COMPOSITION OF THE WASTE
MAIis ALS:

TOTAL MOUNT OF MATERIALS TOBE DUMPED;

2 AVERAGE COMPOSITION OF MATTER DUMPED;

2 bunivtry

4 PROPERTi:S OF TiIE 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);

5. 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 OFRESOURCES.”

SEC. 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.
SEC. 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.

SEC. 7 Effectivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved