Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

8060
HOUSE BILL NO.

Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO

EXPLANATORY NOTE

Article 11 of the 1987 Constitution provides that the State shall protect and advance the
right of people to healthful ecology in accord with the rhythm and harmony of nature.

The negligence and utter disregard for law is one of the factors that degrades our country’s
marine and coastal ecosystem. The indiscriminate unloading of municipal and commercial waste
from shipping vessels is prejudicial for marine life and aquatic resources.

The purpose of the law is to provide regulatory measures that should be followed by the
shipping vessel operators with penal provisions and penalties for its violations.

Hence, this proposal is submitted for consideration.

“KUYA” JOSE/ANTONIO R. SY-ALVARADO
Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Kegular Session

HOUSE BILL NO. Oe)

Introduced by Representative “KUYA” JOSE ANTONIO R. SY-ALVARADO

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. - Kor 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

¢) Dredge 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 vessel 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 vessel from the Secretary of Environment and
Natural Resources; and

(2) Displaying a number or other markings on the vessel 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 vessel owner or operator and includes

(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;
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)|s effective thirty (30) days after the date 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
vessel's 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 ‘I'ransportation 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.
(£) 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:

(1) 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.

SECTION 6. Enforcement. —

(a) Periodic Examinations. - he Secretary of ‘ransportation 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.

(b) Subpoena authority granted by this Section is coextensive with that of a
Regional Trial Court, in civil matters, of 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 ‘'ransportation 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 (P30,000.00) 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 ‘Iransportation 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 Communications 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 200,000.00. 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 300,000.00. Each


day of continuing violation is a separate violation. A vessel involved in the violation
also is liable in rem for the penalty.

(c) Criminal Liability. - Any person that knowingly violates, or that
knowingly, abets, authorizes, or instigates a violation of this Act shall be imprisoned
for not more than eight (8) 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 Communications, 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, order, letter
of instruction, administrative order, rule or regulation contrary to or inconsistent with, the
provisions of this Act is hereby repealed, modified or amended accordingly.

SEC 14. Effectivit
publication in at least

lause. - This Act shall take effect fifteen (15) days after its
(2) newspaper of general circulation