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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1360 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article II, Section 15 of the 1987 Constitution provides that: "The State 
shall protect and promote the right to health of the people and instill health 
consciousness among them." Further, Section 16 of the same article states 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." 
Pursuant to the above-quoted constitutional mandates, Republic Act No. 
6969, otherwise known as the "Toxic Substance and Hazardous and Nuclear 
Wastes Control Act of 1990 was promulgated. Presently, R.A. No. 6969 
regulates, restricts and prohibits' the'importation, manufacture, processing, sale, 
distribution, use and disposal of. chemical substances, toxic and hazardous 
wastes and substances, and other harmful mixtures that present unwarranted 
risks to the environment and/or injuries to the people. It penalizes acts 'like 
causing, aiding or facilitating, directly or indirectly, in the storage, importation, or 
bringing into the Philippine territory, toxic and hazardous wastes and substances. 
Unfortunately, the penalties and fines provided for under the present RA 
6969 are not commensurate to the gravity and seriousness of the dangers that 
toxic substances and hazardous and nuclear wastes bring to health and 
environment. It is, therefore, imperative that R.A. No. 6969 be amended to 
impose stricter and stiffer penalties and fines in order to give more teeth to the 
said law. 
Thus, this bill seeks to amend RA No. 6969 by increasing the penalties 
and fines provided for in the said law, to wit: 
(i) 
Imprisonment of 6 years and 1 day to 12 years and fine of 
Php250,000-Php500.000 for any person committing any of the 
following acts: 
a. 
Knowingly use in chemical substance or mixture which is 
imported, manufactured, processed or distributed in violation 
R.A. No. 6969; .. ,. 
b. 
Failure or refusal. to submit data or information required by 
R.A. No. 6969; 
c. 
Failure or refusal to comply with the pre-manufacture and pre-
importation requirements under R.A. No. 6969; 


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(ii) 
Imprisonment of 20 years and 1 day to 40 years and fine of Php5 
Million-Php10 Million for any person bringing into Philippine territory 
any amount of hazardous and nuclear wastes, 
The bill also provides for the imposition of treble costs or the payment of 
three (3) times the value of damages for acts causing damage to persons and/or 
to the environment. Such treble costs shall be allocated to a Special Fund, which 
shall exclusively be used as reparations for the aforesaid damages, without 
prejudice to the filing of the appropriate civil and criminal cases. 
In view of the foregoing, the passage of this bill is earnestly sought. 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
Senate Bill No. 1.3 6 0 
INTRODUCED BY SEN, JINGGOY EJERCITO ESTRADA 
AN ACT 
TO FURTHER PROTECT THE ENVIRONMENT FROM TOXIC SUBSTANCES 
AND HAZARDOUS AND NUCLEAR WASTES BY IMPOSING STIFFER 
PENALTIES FOR VIOLATIONS OF REPUBLIC ACT NO. 6969, AMENDING 
FOR THE PURPOSE SECTIONS 14 AND 15 THEREOF, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Section 14 of Republic Act No. 6969 is hereby amended to 
read as follows: 
"Section 14 - Criminal Offenses and Penalties 
a) 
XXX 
i. The penalty of imprisonment of [six (6) months and one 
day to six (6) years and one day and a fine ranging from Six 
hundred pesos (P600.00) to Four thousand pesos (P4,OOO.OO)] SIX 
(6) YEARS AND ONE (1) DAY TO TWELVE (12) YEARS AND A 
FINE RANGING FROM TWO HUNDRED FIFTY THOUSAND 
PESOS (P250,OOO.OO) TO FIVE HUNDRED THOUSAND PESOS 
(P500,OOO.OO) shall be imposed upon any person who shall violate 
section 13(a) to (c) of this Act and shall not be covered by the 
Probation Law. If the offender is a foreigner, he or she shall be 
deported and barred from any subsequent entry into the Philippines 
after serving his or her sentence; 
ii. X X X; 
iii. In case the offender is a government official or employee, 
he or she shall, in addition to the above penalties, be deemed 
automatically dismissed from office· and permanently disqualified 
from holding any elective or appointive position. PROVIDED, THAT 
THIS SHALL BE WITHQUTJ?REJUDICE TO OTHER CRIMINAL 
AND/OR ADMINISTRATIVE CHARGES FOR WHICH HE OR SHE 
MAY BE HELD LIABLE. 
b) 
XXX 


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i. The penalty of imprisonment of [twelve (12) years and one 
day to twenty (20) years] TWENTY (20) YEARS AND ONE (1) DAY 
TO FORTY (40) YEARS AND A FINE RANGING FROM FIVE 
MILLION PESOS (P5,OOO,OOO.00) TO TEN MILLION PESOS 
(P10,OOO,OOO.OO), shall be imposed upon any person who shall 
violate section 13(d) of this Act. If the offender is a foreigner, he or 
she shall be deported and parred from any subsequent entry into 
the Philippines after serving his or her sentence; 
ii. In case of corporations or other associations, the above 
penalty shall be imposed upon the managing partner, president or 
chief executive in addition to an exemplary damage of at least [Five 
hundred thousand pesos (P500,OOO.OO)] TWENTY MILLION 
PESOS (P20,OOO,OOO.OO). If it is a foreign firm, the director and all 
officers of such foreign firm shall be barred from entry into the 
Philippines, in addition to the cancellation of its license to do 
business in the Philippines; 
iii. In case the offender is a government official or employee, 
he or she shall in addition to the above penalties be deemed 
automatically dismissed from office and permanently disqualified 
from holding any elective or appointive position. PROVIDED, THAT 
THIS 
SHALL 
BE 
WITHOUT 
PREJUDICE 
TO 
OTHER 
APPROPRIATE 
CRIMINAL 
AND/OR 
ADMINISTRATIVE 
CHARGES THAT MAY BE FILED. 
C.XXX 
D. EVERY PERSON WHO VIOLATES ANY OF THE 
PROHIBITED ACTS PROVIDED FOR UNDER SECTION 13 
RESULTING 
TO 
DAMAGE 
TO 
PERSONS 
AND/OR 
ENVIRONMENT, SHALL IN ADDITION TO THE PENALTIES 
PROVIDED IN THIS ACT, SHALL FURTHER BE LIABLE TO PAY 
TREBLE COSTS OF THREE (3) TIMES THE VALUE OF THE 
DAMAGES CAUSED. PROVIDED, THAT ALL TREBLE COST 
PAYMENTS MADE UNDER THIS ACT SHALL AUTOMATICALLY 
BE ALLOCATED TO A SPECIAL FUND, WHICH SHALL 
EXCLUSIVELY BE USED FOR THE REPARATIONS OF THE 
DAMAGES CAUSED BY REASON OF THE VIOLATIONS OF 
THIS ACT; PROVIDED, FURTHER, THAT RECOVERY BY ANY 
PERSON FROM THE SPECIAL FUND CONTAINING THE 
TREBLE COST PAYMENTS SHALL BE WITHOUT PREJUDICE 
TO THE INSTITUTION OF THE APPROPRIATE CIVIL AND/OR 
CRIMINAL CASES. 
[d.] 1:;. The person or firm responsible or connected with the 
bringing or importation into the country of hazardous or nuclear 
wastes shall be under obligation to transport or send back said 
prohibited wastes; 
Any and all means onransportation, including all facilities 
and appurtenances that may have been used in transporting to or 
in the storage in the Philippines of any significant amount of 
hazardous or nuclear wastes shall at the option of the government 
be forfeited in its favor." 
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SEC. 2. Section 15 of Republic Act No. 6969 is hereby amended to read 
as follows: 
"Section 15. Administrative Fines. - In all cases of violations 
of this Act, including violations of implementing rules and 
regulations which have been duly promulgated and published in 
accordance with Section 16 of this Act, the Secretary of 
Environment and Natural Resources is hereby authorized to 
impose a fine of not less than Ten thousand pesos (P10,000.00), 
but not more than [Fifty thousand pesos (P50,000.00)] ONE 
HUNDRED THOUSAND (P100,000.00) upon any person or entity 
found guilty thereof. The administrative fines imposed and collected 
by the Department of Environment and Natural Resources shall 
accrue to a special fund to be administered by the Department 
exclusively for projects and research activities relative to toxic 
substances and mixtures." 
SEC. 3. A new Section 15-A shall be inserted to Republic Act 6969 which 
shall read as follows: 
"AUTOMA TIC ADJUSTMENT OF FINES. -
THE FINES 
PRESCRIBED IN THIS ACT SHALL AUTOMATICALLY BE 
INCREASED BY TEN ,PER~ENT (10%) EVERY THREE (3) 
YEARS FROM THE EFFECTIVITY OF THIS ACT." 
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SEC. 4. Separability Clause. - If, for any reason, any part or provision of 
this Act is declared invalid, such declaration shall not affect the other provisions 
of this Act. 
SEC. 5. Repealing Clause. - All laws, decrees, executive orders, 
issuances, rules or regulations or parts thereof, which are inconsistent with the 
prOVisions of this Act, are hereby deemed repealed, amended or modified 
accordingly. 
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SEC. 6. Effectivity . • This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two national newspapers of general 
circulation. 
Approved, 
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