FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1327 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The Constitution, Article II, 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. 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1327 
INTRODUCED BY HON. MANNY VILLAR 
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 "Shore Protection Act." 
Section 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 establish by existing laws 
(2) "municipal or commercial waste" means 
(A) solid waste; 
(B) waste generated by the vessel 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. 
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(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 a vessel, including any rolling stock or motor vehicles 
from which that waste is directly loaded. 
Section 3. Vessel Permits and Numbers. (a) IN GENERAL. - A vessel may not 
transport municipal or commercial waste in coastal waters without (1) permit for that 
vessel from the Secretary of Environment and Natural Resources; and (2) displaying a 
number or other marking 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 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, the types of cargo transported by that vessel during the 
previous year, including identification of the type of municipal or 
commercial waste transported as-
(A) municipal waste; 
(8) commercial waste; 
(C) medical waste; or 
(D) waste of another character; 
(6) any other information the secretary may require; and 
(7) an acknowledgment. 
(c) EFFECTIVE DATE OF P.ERMITS. - A permit issued under this section-
(1) is effective 30 days after the date on which it was issued; 
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(2) may be issued only for a period of not more than 5 years after the 
effective day of the permit; 
(3) may be renewed for periods of not more than 5 years only by the vessel 
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 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. 
Section 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 manner that assures that 
waste deposited in coastal waters is minimized. 
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(2) SECURING. -
The owner or operator of a vessel shall assure that all 
municipal or commercial waste loaded onto the vessel is secured by setting or other 
means to assure that 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 UP. - 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, offloading, and 
transport; 
(ii) 
requiring, as appropriate, the submission and adoption by each 
responsible party of an operation and maintenance manual 
identifying proc,edures 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. 
Section 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 revoked 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 
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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. -
The Secretary of Transportation and 
Communications shall conduct periodic examinations of vessels operating 
under this Act 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 5 or more separate violations during a 6 
month period. 
Section 7. 
Subpoena Authority. 
(a) GENERAL 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 Court, 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 subpoena 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 
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issue and order directing that person to comply with 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. 
Section 8. 
Fees. The Secretary of Transportation and Communications may 
collect a fee of not more than 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. 
Section 9. 
Civil Penalty Procedures. (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 or any other laws, rules 
and regulations for which a civil penalty is provided, is liable to the government for the 
, 
civil penalty provided. 
The amount of the civil penalty shall be assessed by the 
Secretary of Transportation and Communications by written notice. In determining the 
amount of the penalty, the Secretary of Transportation and Communications shall 
consider the nature, circumstances', extent, and of the prohibited acts committed and, 
with respect to the violator, a degree of culpability, any history of prior offenses, ability 
to pay, and other matters that justice requires. 
(b) COMPROMISING PENALTIES. -
The Secretary of Transportation and 
Communications may compromise, modify, or remit, with or without consideration a civil 
penalty under this Act until the government is referred to the Solicitor General. 
(c) REFERRAL TO THE SOLICITOR GENERAL. - If a person fails to pay an 
assessment of a civil penalty after it has become final, the Secretary of 
Transportation and Communications may refer the matter to the Solicitor 
General for collection in an appropriate court of the Philippines. 
(d) REFUND 
OF 
PENALTY. 
-
The 
Secretary 
of Transportation 
and 
Communications may refund or remit a civil penalty collected under this Act if: 
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(1) application has been made for refund or remission of the 
penalty 
within one year fro';l the date of payment; and 
(2) the Secretary of Transportation and Communications finds that the 
penalty was unlawfully, improperly, or excessively imposed. 
Section 10. 
Penalties. 
(a) GENERAL PENALTY. -
Except as provided in 
Section 11 of this Act, a person violating any provision of this Act shall be held liable to 
the government for a civil penalty of not more than P150,OOO.OO. 
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 civil penalty of not more than 
P250,OOO.OO. 
Each day of a 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, of that knowingly 
aids, authorized, or instigates a violation of this Act shall be imprisoned for not more 
than 6 years, or be fined, or both. 
(d) PAYMENTS FOR INFORMATION. - The Secretary of Transportation and 
Communications, or the Secretary of environment and Natural Resources, as the case 
may be, may pay up to one~half of a fine or penalty to any person giving information 
leading to the assessment of the fine or penalty. 
Section 11. 
Study and Recommendations. 
(a) Study. 
The Secretary of 
Environment and 
Natural 
Reso'urces, 
in 
consultation with the Secretary of 
Transportation and Communication, shall conduot 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 24 months after the date of effectivity of this Act. 
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(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. 
Section 13. 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. 
Section 14. 
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. 
Section 15. Effectivity Clause. This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspaper of general circulation. 
Approved, 
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