" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Senate Bill No. 
1 0 6 4 
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'13 
JUL 23 
I~ 9 :46 
INTRODUCED BY SEN. JINGGOY 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 
commercial 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. 
OY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1 06 4 
) 
) 
) 
'13 
JUL23 A9:t:6 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
REGULATING SHIPPING VESSELS COASTING PHILIPPINE WATERS FOR 
THE PROTECTION OF SHORES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
. 
SECTION 1. Short Title. - This Act may be cited as the "Shore 
Protection Act". 
SEC 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 
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 from construction activities; 
d) 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; 


(4) "receiving facility" means a facility 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. 
SEC. 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 from 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 -
i. municipal waste; 
ii. commercial waste; 
iii. medical waste; or 
iv. 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. -
(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 after 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 after 
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: 
(1) notify the applicant of the denial and reasons for the denial; and 
(2) provide an opportunity for a hearing on the denial. 
(f) 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 documentation. 
SEC. 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 transport. 
(3) Offloading. - The owner or operator of the receiving facility shall take all 
reasonable steps to assure that any municipal or commercial waste is offloaded 
from 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; 
(ii) requiring, as appropriate, the submission and adoption by each, 
responsible party of an operation and maintenance manual identifying 
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 
(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. 
SEC. 5. Suspension, Revocation and Injunctions. - (a) Suspension and 
Revocation. -
After 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. 
SEC. 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 from 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. 
. 
SEC. 7. Subpoena Authority - 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 Cod, 
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 
conducted 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. 
(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. 
SEC. 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. 


, , 
SEC. 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 after 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) Refund of Penalty. - The Secretary of Transportation and Communications 
may refund or remit the fine collected under this Act if (1) application has been 
made for refund or remission of the 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. 
SEC. 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. 
(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 
Communications, 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. 
SEC. 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. 
SEC. 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, 
SEC. 13. Repealing Clause. - 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, 
SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspaper of general circulation. 
Approved,