Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS,
Second Regular Session

House Bill No_2459

Introduced by ANGKLA Party-list Representative Jesulito A. Manalo

AN ACT
PROVIDING FOR AN ENVIRONMENTAL INFORMANT INCENTIVE SYSTEM FOR
WHISTLEBLOWERS TO STRENGTHEN THE PREVENTION AND PROSECUTION OF
MARITIME POLLUTION

EXPLANATORY NOTE

Our seas and oceans are a primary environmental resource. The Food and Agriculture
Organization of the United Nations estimates that fisheries and aquaculture secure the livelihood of ten
to twelve percent (10-12%) of the world’s population, with ninety percent (90%) of these individuals
coming from developing countries.’ The beauty and biodiversity of our maritime resources are also
essential for eco-tourism and the enjoyment of nature. Further, the oceans are estimated to absorb twenty
five percent (25%) of the extra carbon dioxide from fossil fuels.” In an archipelago like the Philippines,
our seas are also vital to transportation and trade.

Itis incumbent upon us all to preserve this precious resource. As stated by the Supreme Court,
the right to a balanced and healthful ecology “belongs to a different category of rights altogether for it
concerns nothing less than self-preservation and self-perpetuation... the advancement of which may
even be said to predate all governments and constitutions”. If we are to ignore these rights, “the day
would not be too far when all else would be lost not only for the present generation, but also for those
to come — generations which stand to inherit nothing but parched earth incapable of sustaining life”.*

In order to recognize the role of the general public in preventing pollution, and considering that
‘our maritime resources are vital to our life and livelihood, and that the preservation of the environment
is a universal concern, we must establish a Public Vigilance Incentive System against maritime
pollution. This will greatly strengthen efforts to police against maritime pollution, and even provide
environmental organizations and volunteers with much needed funds to continue their activities to
protect and preserve our maritime resources:

itive, ANGKLA Party-List

' 2014 State of the World Fisheries and Aquaculture Report of the United Nations Food and Agriculture
Organization,

Nellemann, C., Corcoran, E., Duarte, C. M., Valdés, L., De Young, C., Fonseca, L., Grimsditch, G. (Eds).
2009. Blue Carbon, A Rapid Response Assessment. United Nations Environment Programme, GRID-
Arendal

D Oposa v. Factoran, G.R. No. 101083, 30 July 1993.

a Tid.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7459

House Bill No.

—_—

Introduced by ANGKLA Party-list Representative Jesulito A. Manalo

eee

AN ACT
PROVIDING FOR AN ENVIRONMENTAL INFORMANT INCENTIVE SYSTEM FOR
WHISTLEBLOWERS TO STRENGTHEN THE PREVENTION AND PROSECUTION OF
MARITIME POLLUTION

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1. Short title. — This Act shall be known as the “Whistleblowers Against
Maritime Pollution Act of 2018”.

Sec. 2. Declaration of Policy. — The following are hereby declared to be the policies of the
State:

(a) 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;

(b) The State recognizes the vital role of the youth in nation-building and shall inculcate
in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs;

(©) The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation; and

(d) The State shall ensure international standards of preventing maritime pollution shall be
strictly observed.

See.3. Environmental Informant Incentive System. — Any person, including duly
incorporated non-governmental organizations, who voluntarily gives definite and sworn information,
not yet in the possession of the Department of Environment or Natural Resources, or any of its line
agencies, or the Department of Transportation, or any of its line agencies, leading to the discovery of
acts polluting our maritime resources, thereby resulting in the imposition of administrative or criminal
fines, shall be rewarded in the following manner:

(a) Upon the initiation of a criminal or administrative proceeding, the informant shall receive
a sum equivalent to ten percent (10%) of the administrative or criminal fines to be imposed,
which amount will be charged to the administrative or criminal fines to be collected; and

(b) Upon collection of the administrative or criminal fines, the informant shall receive a sum
equivalent to forty percent (40%) of the administrative or criminal fines collected.



Provided, That the information mentioned herein shall not refer to a case already pending or
previously investigated or examined by the Government. Provided, finally, That any public official or
employee of the Department of Transportation, Department of Environment and Natural Resources,
and any of their respective line agencies, or his relative within the sixth degree of consanguinity, are
disqualified from availing of the benefits of this Act.

Sec. 4. Maritime Pollution Task Force. ~ There is hereby created a Maritime Pollution Task
Force to be organized by the Department of Transportation and Department of Environment and Natural
Resources, which will be under their joint contro! and supervision. The members of the Maritit
Pollution Task Force shall come from the pertinent line/attached agencies including the Philippine
Coast Guard, Maritime Industry Authority, Philippine Ports Authority, and Environmental
Management Bureau. The Maritime Pollution Task Force shall receive all information mentioned in the
immediately preceding Section, and act upon such information within thirty (30) days from receipt
thereof through the filing of a criminal or administrative case.

Sec.5. Implementing Rules and Regulations. — The Secretary of the Department of
Transportation, in coordination with the Secretary of the Department of Environment and Natural
Resources, shall issue the implementing rules and regulations of this Act within sixty (60) days from
its effectivity. In no case shall the absence of the implementing rules and regulations be used as
justification for the non-enforcement of this Act.

Sec. 6. Separability Clause. — If, for any reason, any section, subsection, clause or term of this
‘Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such declaration shall
remain in full force and effect.

See. 7. Repealing Clause. - A\l existing laws, orders, decrees, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby amended, modified or repealed
accordingly.

See. 8. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,