Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by REP. JOSE FRANCISCO “KIKO” B. BENITEZ 
EXPLANATORY NOTE 
The Philippines is an archipelagic and maritime nation. Sea transport is therefore the 
main mode of transporting people and cargo. In 2019, the Philippine Ports Authority recorded 
a total of 83.7 million passengers transported by sea vessels. The ports and shipping industry 
contributed 1.43 billion US dollars to the Philippine economy in 2016. 
Port activities and shipping, however, can cause degradation of water quality and aquatic 
environments. Operational discharges and accidental oil spills, untreated wastewater and solid 
waste from ports and ships cause damage on marine ecosystems. 
The Philippine Coast Guard reported a total of 553 oil spills from 1975 to 2019. The 
biggest oil spill in Philippine history, the MT Solar 1 oil spill in the Guimaras Strait in 2006 
affected 99.6 kilometers of coastline, 58 hectares of seaweed area and 454 hectares of 
mangroves.1 More recently, the oil spill from the MT Princess Empress that capsized off the 
coast of Naujan, Oriental Mindoro in February 2023 has affected 34 marine protected areas in 
10 municipalities in the province, and around 36,000 hectares of coral reefs, mangroves and 
sea grass.2 
We cannot let this happen again. 
Considering that the Philippines is at the heart of the Coral Triangle, one of the most 
diverse marine habitats in the world, we must strengthen the protection of our marine 
ecosystems. We must prevent pollution from ships. 
The International Convention for the Prevention of Pollution from Ships 1973, as 
modified by the Protocol of 1978, otherwise known as MARPOL 73/78, collectively referred 
herein as the “Convention”, is the main international legal instrument covering the prevention 
of pollution of marine environment, laying down regulations to prevent pollution from 
discharge or emission of oil, noxious liquid substances in bulk, sewage, and garbage. The 
ultimate objective of the treaty is to preserve the marine environment by eliminating pollution 
due to oil and other substances harmful to the marine environment. 
1   Artchil   Fernandez,   “Mt   Solar   I   Oil   Spill:   Social   and   Economic   Consequences   in   Nueva   Valencia,  
Guimaras,  Philippines,”  Patubas  4,  no.1  (2008).  
2  Jelo  Mantaring,  “Over  36,000  hectares  of  marine  habitats  potentially  affected  after  oil  spill  –  experts”  
(2023).  https://www.cnnphilippines.com/news/2023/3/4/marine-­habitats-­at-­risk-­oil-­spill-­report.html  
March 8, 2023
10:20 am
7515


The Philippines signed MARPOL 73/78 in 2001. We must honor our commitment. Pacta 
sunt servanda. The Philippine government must comply with and implement international 
agreements in good faith. 
 
This bill adopts the MARPOL 73/78 and its Protocols and Annexes as an integral part of 
the law of the land. It establishes a strong regulatory structure to enforce the Convention and 
lays down exemptions, the adjudication process and penalties for violations. 
 
This bill is crucial in transforming our maritime economy into a blue economy, ensure 
the health of our marine ecosystems and promote sustainable development of our marine 
resources for the benefit of present and future generations. 
 
In view of the foregoing, the immediate approval of this measure is earnestly sought. 
 
 
 
JOSE FRANCISCO “KIKO” B. BENITEZ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by REP. JOSE FRANCISCO “KIKO” B. BENITEZ 
AN ACT 
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE PENALTIES 
THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
CHAPTER 1 
General Provisions 
SECTION 1. Short Title. - This Act shall be known as the “Prevention of Pollution 
from Ships Act”. 
SEC. 2. Declaration of Policy. - In pursuit of the constitutional mandate to protect and 
advance the right of the people to a balanced and healthful ecology in accord with the rhythm 
and harmony of nature, the State shall prevent and control pollution resulting from the 
operations of ships. 
It shall likewise implement the Convention as herein defined, including its amendments 
and protocols that have been ratified by the Philippines. 
SEC. 3. Definition of Terms. - As used in this Act: 
(a)
Coastal state refers to a State that has sovereignty which extends, beyond its land
territory and internal waters and its archipelagic waters, to an adjacent belt of sea,
described as the territorial sea, including its seabed and subsoil, and sovereign
rights over the continental shelf and exclusive economic zone as defined by the
United Nations Convention on the Law of the Sea;
(b)
Convention refers to:
(1)
The International Convention for the Prevention of Pollution from Ships
1973, as amended by the Protocol of 1978 or MARPOL 73/78;
(2)
Protocol I and II of MARPOL 73/78;
(3)
Annexes I, II, III, IV, V and VI, their relevant appendices, any technical
code referred to, as well as any amendment to any of these documents
which may enter into force in accordance with the procedure referred to
in Article 16 of MARPOL 73/78; and,
(4)
Any subsequent protocol, resolution, or code amending the Convention,
7515


which the Philippine Government may ratify necessary to advance the 
purposes of this Act. 
(c)
Flag state refers to the relationship of the Philippines to vessels registered under
its flag and corollary right to exercise jurisdiction and regulatory control over
these vessels;
(d)
Foreign-flagged ship refers to any ship registered in another State or authorized
to fly it flag, whether or not it is a State party to MARPOL 73/78, when found in
any of the ports, terminal facilities or waters within the jurisdiction or sovereignty
of the Philippines;
(e)
Harmful substance refers to any substance which, if introduce into the sea, is
liable to create hazards to human health, to harm living resources and marine life,
to damage amenities or to interfere with other legitimate uses of the sea, and
includes any substance subject to control by the present Convention;
(f)
Master refers to any person having command or charge of any ship, including a
boat captain;
(g)
Owner refers to the person registered as the owner of the ship or who assumes
the operation of the ship, or, in the absence of registration, the person owning the
ship or the bareboat charterer of the ship. In the case of a ship owned by a State
and operated by a company which in that State is registered as the ship’s operator,
the State shall be included as the owner;
(h)
Philippine ship engaged in international trade refers to any ship registered under
the laws of the Philippines for international trade, and entitled to fly its flag
wherever the ship may be;
(i)
Philippine maritime zones refer to the internal waters, archipelagic waters,
territorial sea, contiguous zone, continental shelf, and exclusive economic zones;
(j)
Port state refers to the relationship of the Philippines to a foreign flagged vessel
which may be found in any of its ports, terminal facilities or harbors and its
corollary right to exercise jurisdiction and regulatory control over the vessel;
(k)
Ship refers to a vessel of any type operating in the marine environment and
includes pleasure crafts, fishing vessels, hydrofoil boats, air-cushion vehicles,
submersibles, floating crafts, drilling rigs and fixed or floating platforms; and,
(l)
Undue delay refers to a delay that is unreasonable and unnecessary in light of the
particular conditions of the ship, the ship’s cargo, destination and schedule, and
in light of the purpose and scope of the investigation, inspection or other cause
for detaining the ship.
CHAPTER 2 
Application of this Act 
SEC. 4. Implementation of the Convention. – Unless otherwise provided in this Act, 


the provisions of the Convention shall be applied with the intention of protecting public health 
and preserving the coastal and marine environment, and its resources through the complete 
elimination of pollution by harmful substances identified pursuant to this Act, and the 
minimization of accidental discharge of these substances. 
SEC. 5. Ships Covered. – Unless otherwise specified herein, this Act shall apply to: 
(a)
All Philippine ships;
(b)
All foreign-flagged ships in Philippine maritime zones, whether or not they are
registered with State parties to the Convention in accordance with the norms of
international law; and,
(c)
All other ships operating within Philippine maritime zones.
SEC. 6. Exempted Ships. – This Act shall not apply to warships, naval auxiliary ships, 
man-of-war vessels, and government ships engaged in non-commercial activities: Provided, 
That the Department of Transportation (DOTr), through the Maritime Industry Authority 
(MARINA), the Philippine Coast Guard (PCG) and the Philippine Ports Authority (PPA), and 
other concerned agencies, shall adopt appropriate measures that will ensure that these ships 
operate, as far as is reasonable and practicable, in a manner consistent with this Act: Provided, 
further, That the measure will not impair the operational capabilities of these ships. 
CHAPTER 3 
Exercise of Jurisdiction Over Ships 
SEC. 7. Powers and Functions of the Department of Transportation (DOTr). – The 
DOTr shall be the principal government agency responsible for the overall implementation and 
enforcement of this Act and any requirement of the Convention. For this purpose, the Secretary 
of the DOTr shall exercise the following general powers and functions: 
(a)
Oversee the implementation of this Act and coordinate the efforts of concerned
agencies;
(b)
Formulate a comprehensive program to prevent or minimize marine pollution
from ships in coordination with the Department of Environment and Natural
Resources (DENR), the Department of Agriculture (DA), the Department of
Interior and Local Government (DILG), the Department of Energy (DOE), port
authorities and other relevant agencies and stakeholders;
(c)
Constitute the Marine Pollution Adjudication Board (MPAB);
(d)
Designate, upon recommendation of the PCG Commandant, a District Hearing
Officer (DHO) for each district of the PCG pursuant to Section 43 of this Act;
(e)
Reorganize or streamline the functions of its different line, staff, and attached
bureaus, authorities, or agencies for purposes of the effective and efficient
implementation of the provisions of this Act;
(f)
Administer the Marine Environmental Management Fund (MEMF) established


under Section 51 of this Act, and provide guidelines for its immediate access for 
the containment, removal and clean-up operations of the PCG in all marine 
pollution cases under the Convention; and, 
(g)
Exercise powers and perform other functions as may be necessary to carry out its
duties and responsibilities under this Act.
SEC. 8. Powers and Functions of the Maritime Industry Authority (MARINA) - The 
MARINA shall have the sole and exclusively authority and responsibility to ensure that 
environmental and pollution regulations and standards for the construction and equipment of 
Philippine vessels, before they are allowed to fly the Philippine flag, and/or as part of their 
registration, are complied with. 
For this purpose, the MARINA shall have the following duties and functions: 
(a)
Ensure that all Philippine ships are constructed and equipped with any fitting,
material, appliance or apparatus deemed appropriate and effective for the
prevention of any discharge or emission of harmful substances in consonance
with the requirements of the Convention;
(b)
Survey all Philippine ships for purposes of the provisions of the immediately
preceding paragraph, which function may be delegated to MARINA-recognized
organization through a deputation process to be formulated pursuant to this Act:
Provided, That, except for direct replacement, no change in the ship’s structure,
equipment, fittings, arrangement and materials shall be made without the
approval of the MARINA;
(c)
Issue the required statutory certificates to all Philippine ships;
(d)
Review and revise, whenever appropriate, the existing system of certification,
survey, inspection and monitoring of ships, with respect to pollution prevention
to ensure efficiency and transparency, consistent with the overall management of
the maritime sector and in accordance with the requirements of the Convention;
(e)
Conduct surveys and issue certificates of endorsements to foreign ships registered
with another State party, if so requested by a State which is a party to the
Convention;
(f)
Require ships to keep and maintain relevant record books in accordance with the
Convention;
(g)
Suspend, withdraw or revoke any certificate it may have issued to any Philippine
ship found not compliant with this Act and with rules and regulations
promulgated therefor;
(h)
Accredit, appoint and authorize recognized organizations to act on its behalf and,
for this purpose, execute the requisite memorandum of agreement defining the
extent of powers that may be exercised by the recognized organizations including
the following:


(1)  
Perform and conduct statutory surveys on Philippine ships; 
(2)  
Require repairs on a Philippine ship pursuant to finding resulting from 
port state inspection; 
(3)  
Carry out surveys requested by port state authorities; and 
(4)  
Withdraw any statutory certificates if appropriate corrective action is not 
taken by the Philippine ships; 
 
(i)  
Provide the International Maritime Organization (IMO) with a list of recognized 
organizations authorized to act on behalf of the Philippines, together with the 
specific responsibilities they are empowered to perform and the conditions of the 
authority delegated to them; 
 
(j)  
Impose, fix, collect and receive, in accordance with the duly approved schedules, 
fees necessary for the survey and certification of ships pursuant to this section. 
The fees shall be imposed and collected in order to recover the cost for rendering 
the service and shall not be used in order to impose a penalty: Provided, That 
excessive fees, multiple fees and duplicative fees shall at all times be avoided; 
 
(k)  
Issue rules and regulations necessary to implement the provisions of this section: 
Provided, That the rules shall be in consonance with the Convention and shall not 
change or in any way amend or be contrary to the intent and purposes of this Act; 
 
(l)  
Provide its officers and personnel with adequate training and continuing 
education to ensure an efficient and professional pollution regulatory machinery; 
 
(m)  
Impose and collect fees and charges in connection with the performance of its 
functions under this section, which fees and charges shall accrue to the Marine 
Environmental Management Fund (MEMF) established under Section 42 of this 
Act: Provided, That the fees shall be imposed and collected in order to recover 
the cost for rendering the service and shall not be used in order to impose a 
penalty: Provided, further, That excessive fees multiple fees and duplicative fees 
shall at all times be avoided; 
 
(n)  
Hear, adjudicate and impose such fines and penalties on Philippine ships which 
shall fail to comply with the rules and regulations issued pursuant to this section; 
and, 
 
(o)  
Exercise powers and perform other functions as may be necessary to carry out its 
duties and responsibilities under this Act. 
 
SEC. 9. Powers and Functions of the Philippine Coast Guard. – Unless otherwise 
provided under this Act, the PCG shall have the sole and exclusive authority and responsibility 
to enforce environmental and pollution regulations and standards to all ships which may be 
operating within Philippine maritime zones, or in ports, terminal facilities or harbors. It shall 
include the authority to board and inspect ships to ensure compliance with such regulations and 
standards. 
 
For this purpose, the PCG shall have the following duties and functions: 
 
(a)  
Ensure that all ships are operated and certificated in accordance with the 


requirements of the Convention; 
 
(b)  
Inspect the certificates and record books required of any ship pursuant to this 
Act; 
 
(c)  
Conduct a physical inspection of the ship if there should be clear grounds for 
believing that the condition of the ship or its equipment does not correspond 
substantially with what is stated in the ship’s certificates; 
 
(d)  
Investigate any complaint involving the alleged violation of the Convention 
committed by a ship regardless of source of the complaint or the location of the 
violation and request the submission of evidence which the complainant may 
have regarding the alleged violation; 
 
(e)  
Request the assistance of any other State whose cooperation may be useful to 
the investigation against a ship; 
 
(f)  
Detain a ship pursuant to Section 25 of this Act; 
 
(g)  
Require a ship to proceed to the nearest repair yard and ensure that the ship does 
not leave until it can proceed to sea without posing an unreasonable threat or 
harm to the marine environment; 
 
(h)  
Apprehend and initiate proceedings against any person for violation of this Act 
when sufficient evidence exists with respect to the alleged violation; 
 
(i)  
Inform the complainant and the IMO of the results of the investigation and any 
action taken against the foreign-flagged ship in respect of any alleged violation; 
 
(j)  
Deny entry of a foreign-flagged ship to any Philippine port or terminal facility 
if it fails to comply with the requirements of the Convention; 
 
(k)  
Coordinate with, and inform, the diplomatic representative of the State, or the 
flag State administration, of any violation of the foreign ship and any action 
taken against the ship; 
 
(l)  
Inspect, verify and investigate a ship if it has discharged any harmful substance 
into the marine environment under any of the following circumstances: 
 
(1)  It has reasonable grounds to believe that a discharge has occurred in 
Philippine maritime zones;  
(2)  It receives a report from another coastal State; or,  
(3)  It receives a request from the flag State. 
 
(m)  
Forward the report of any violation committed by the ship, with respect to any 
discharge of harmful substances into the marine environment, to the ship’s flag 
State administration, together with any evidence it may have; 
 
(n)  
Immediately inform any affected coastal State of the discharge; 
 


(o)  
Ensure that the ship is not unduly delayed or detained; 
 
(p)  
Order into port any ship found in the territorial seas if there are clear grounds to 
believe that the ship has discharged harmful substances into the marine 
environment; 
 
(q)  
Establish procedures for reporting incidents involving any actual or probable 
discharge or emission which may be in violation of this Act and of the 
requirement of the Convention, consistent with the reporting requirements under 
this Act; 
 
(r)  
Require all ships and aircrafts registered under the Philippine flag to 
immediately report any marine casualty witnessed while navigating; 
 
(s)  
Impose and collect fees and charges in connection with the performance of its 
functions under this Section, which fees and charges shall accrue to the MEMF: 
Provided, That the fees shall be imposed and collected in order to recover the 
cost for rendering the service and shall not be used in order to impose a penalty: 
Provided, further, That excessive fees, multiple fees and duplicative fees shall 
at all times be avoided; 
 
(t)  
Hear and adjudicate violations through the District Hearing Officer pursuant to 
Section 43 of this Act; 
 
(u)  
Investigate and issue notice of violations to erring ships; 
 
(v)  
Cooperate with the government of other States that are members of the 
international organization on the prevention of pollution from ships, concerning 
the detection of violations and enforcement of this Act, using all appropriate and 
practicable measures of detection and environmental monitoring, and adequate 
procedures for reporting and accumulation of evidence; 
 
(w)  
Provide its officers and personnel with adequate training and continuing 
education to ensure and efficient and professional pollution regulatory 
machinery; 
 
(x)  
Adopt a continuing information campaign on marine resources protection, and 
developing public awareness on the health hazards and other adverse effects of 
ship pollution; 
 
(y)  
Issue such rules and regulations necessary to implement the provisions of this 
Act: Provided, That the rules and regulations shall be in consonance with the 
Convention and shall not change or in any way amend or be contrary to the 
intent and purposes of this Act; and, 
 
(z)  
Exercise powers and perform other functions as may be necessary to carry out 
its duties and responsibilities under this Act. 
 
SEC. 10. Role of the Department of Environment and Natural Resources (DENR). 
– For purposes of this Act, the DENR shall have the following powers and functions: 


(a)  
Provide technical assistance on pollution prevention to the concerned 
government agencies in the implementation of this Act; 
 
(b)  
Establish guidelines for the identification of harmful substances in packaged 
form in accordance with the guidelines and listings provided by the IMDG Code 
in coordination with the PCG, PPA and other port authorities; 
 
(c)  
In coordination with MARINA and PCG, set effluent and emission standards 
for ships in accordance with the requirements of the Convention; 
 
(d)  
The floating crafts, drilling rigs and fixed or floating platforms, and vessels 
which primarily operate or undertake business, commercial, or industrial 
activities while anchored, the DENR shall enforce, in coordination with the 
PCG, the applicable provisions of Presidential Decree No. 1586, otherwise 
known as the Environmental Impact Statement System law; Republic Act No. 
6969, otherwise known as the Toxic Substances and Hazardous and Nuclear 
Wastes Control Act of 1990; Republic Act No. 9003, otherwise known as the 
Ecological Solid Waste Management Act of 2000; Republic Act No. 8749, 
otherwise known as the Philippine Clean Air Act of 1999; and Republic Act No. 
9275, otherwise known as the Philippine Clean Water Act of 2004; and, 
 
(e)  
Establish criteria and guidelines for the site selection, design, operation, and 
maintenance of port waste management facilities; 
 
CHAPTER 4 
Prevention of Pollution by Harmful Substances 
 
SEC. 11. Prohibition of Discharge or Emission of Harmful Substances. – Discharge 
or emission from any ship into the Philippine maritime zones shall be prohibited, pursuant to 
the following Annexes of the Convention: 
 
(a)  
Annex I - Oil, whether carried as cargo or as bunker, or oily mixture, whether 
generated from cargo operations or from machinery spaces; 
 
(b)  
Annex II - Noxious liquid substances or mixtures containing a noxious liquid 
substance, being a substance or mixture carried as cargo or part cargo in bulk; 
 
(c)  
Annex III - Harmful substances in packaged form; 
 
(d)  
Annex IV - Sewage; 
 
(e)  
Annex V - Garbage; and 
 
(f)  
Annex VI - Air pollutants, whether or not generated during the operation of the 
ship. 
 
SEC. 12. General Exemptions Applicable to Discharge or Emission of Harmful 
Substances. - The provisions of this Section 11 shall not apply in the following cases: 
 
(a)  
The discharge or emission is necessary for the purpose of securing the safety of a 


ship and those on board or saving life at sea; 
 
(b)  
The discharge is a result from unintentional damage to the ship or its equipment, 
and all reasonable precautions to prevent or minimize the escape or harmful 
substances have been taken after the occurrence of the damage or the discovery 
of the discharge: Provided, however, That the owner, master, agent, or manager 
of the ship was not negligent, or did not act either with intent to cause damage or 
recklessly and with knowledge that damage would probably result: Provided, 
further, That the damage to the ship or its equipment is not a result of deterioration 
or defects resulting from failure to maintain the ship or equipment; or 
 
(c)  
In cases of substances under pars. (a) and (b) of Section 11 of this Act, the 
discharge is for the purpose of combating specific pollution incidents in order to 
minimize the damage from pollution as may be approved by the PCG. 
 
SEC. 13. Exemptions Applicable to Discharge of Oil or Oily Mixture. – In addition 
to the exemptions provided by Section 12, Section 11 shall not apply to the discharge of oil or 
oily mixture under Annex I of the Convention when all the following conditions are satisfied: 
 
(a)  
the ship is proceeding en route by: 1. in case of oil tanker of any tonnage, more 
than 50 nautical miles from the nearest land, and the instantaneous rate of 
discharge does not exceed 30 liters per nautical mile; 2. in case of ship of 400 
tons gross tonnage and above, more than 15 nautical miles from the nearest land, 
 
(b)  
the discharge is processed through an oil filtering, oily-water separating 
equipment and oil discharge monitoring, system and methods or devices as may 
be prescribed by the DOTr; 
 
(c)  
the total quantity of oil discharged into the sea does not exceed one part in 15,000 
per million, or of the parts of the total quantity of the cargo of oil of which the oil 
discharged formed a part, whichever is higher; and, 
 
(d)  
in case of ship of less than 400 tons gross tonnage: 
 
(1)  the oily mixture does not originate form cargo pump room bilges on 
tankers, and 
(2)  in case of oil tanker, the oily mixture is not mixed with oil cargo residues. 
 
SEC. 14. Exemptions Applicable to Discharge of Noxious Liquid Substances 
Carried in Bulk. – In addition to the exemptions provided by Section 11, Section 10 shall not 
apply to the discharge of noxious liquid substances or mixtures containing a noxious liquid 
substance, being a substance or mixture carried as cargo or part cargo in bulk under Annex II 
of the Convention when the following conditions are satisfied: 
 
(a)  
the discharge is made when the ship is proceeding en route at a speed of — 
 
(1)  where the ship is self-propelled, at least 7 knots; or 
(2)  where the ship is not self-propelled, at least 4 knots; 
 
(b)  
the discharge is made when the ship is at a distance of not less than 15 nautical 


miles from the nearest land and is in a depth of water of not less than 25 meters; 
and, 
(c)
the discharge is made below the water line of the ship taking into account the
location of the sea-water intakes.
(d)
The conditions under this section shall not apply to a mixture that contains liquid
substances not harmful to marine resources, human health, amenities or other
legitimate use of the sea as referred to under regulation 6.1.4 of Annex II of the
Convention.
SEC. 15. Exemptions Applicable to Discharge of Harmful Substance in Packaged 
Form. – In addition to the exemptions provided by Section 12, Section 11 shall not apply to 
the discharge by jettison of harmful substance, being a substance carried as cargo in packaged 
form under Annex III of the Convention, on account of a leakage of the substance, when the 
substance was washed overboard from the ship in accordance with requirements made pursuant 
to Section 4 of this Action, unless these requirements impair the safety of the ship or of persons 
on board the ship. 
SEC. 16. Exemptions Applicable to Discharge of Sewage. – In addition to the 
exemptions provided by Section 11, Section 10 shall not apply to the discharge of sewage under 
Annex IV of the Convention when the following conditions are satisfied: 
(a)
Untreated, Non-comminuted and Non-disinfected Sewage:
(1) the ship is proceeding en route at a speed of not less than 4 knots;
(2) the discharge is made when the ship is at a distance of not less than 15
nautical miles from the nearest land;
(3) the untreated sewage is not discharged instantaneously but is discharged
from the holding tank at a prescribed rate promulgated pursuant to Section
4 of this Act.
(b)
Comminuted and Disinfected Sewage:
(1) the sewage discharged has been comminuted and disinfected using a
system approved in accordance with the requirements promulgated
pursuant to Section 4 of this Act, giving effect to paragraph 1.2 of
Regulation 9 of Annex IV to the Convention; and,
(2) the ship is at a distance of more than 3 nautical miles from the nearest
land.
(c)
Sewage Stored in a Holding Tank or Spaces Containing Living Animals:
(1) the ship is proceeding en route at a speed of not less than 4 knots; and
(2) the discharge is not instantaneously but is discharged at a prescribed rate
promulgated pursuant to Section 4 of this Act.
(d)
Treated Sewage:
(1) the sewage has been treated in a sewage treatment plant on the ship;


(2)  the PCG has certified that the sewage treatment plant meets the 
requirements promulgated pursuant to Section 4 of this Act, giving effect 
to paragraph 1.1 or 2.1 of Regulation 9 of Annex IV of the Convention; 
(3)  the discharge is made when the ship is as far as practicable from the nearest 
land; and, 
(4)  the effluent does not produce visible floating solids nor causes discoloration 
of marine water. 
 
SEC. 17. Exemptions Applicable to Discharge of Sewage. – In addition to the 
exemptions provided by Section 11, Section 10 shall not apply to the discharge of garbage 
under Annex V of the Convention when the following conditions are satisfied: 
 
(a)  
Food Wastes: 
 
(1)  the ship is proceeding en route; 
(2)  in the case of food wastes discharged through a comminuter with a screen 
with no opening greater than 25 millimetres: 
 
i. the ship is at a distance of not less than 3 nautical miles from the nearest 
land if the ship is not alongside, or within 500 meter of, a fixed or floating 
platform; or 
 
ii. the ship is at a distance of not less than 12 nautical miles from the nearest 
land, if the ship is alongside, or within 500 metres of, a fixed or floating 
platform 
 
(b)  
Other Food Wastes, and Animal Carcasses: 
 
(1)  the ship is proceeding en route at a distance of not less than 12 nautical 
miles from the nearest land; and 
 
(2)  the ship is not alongside, or within 500 metres of, a fixed or floating 
platform 
 
(c)  
Cargo Residues: 
 
(1)   the ship is proceeding en route at a distance not less than 12 nautical miles 
from the nearest land; 
 
(2)   the ship is not alongside, or within 500 meters of, a fixed or floating 
platform; and 
 
(3)   the garbage is cargo residues that cannot be recovered using commonly 
available methods for unloading; 
 
SEC. 18. Use or Carriage of Fuel Oil with Violative Sulfur Content. – In case of fuel 
oil with a sulfur content of exceeding the standards of set pursuant to Sec. 4 of this Act, its use 
as fuel on board a ship, or its carriage on board for the said purpose shall be prohibited. 
 
In addition to exemptions under Sec. 12, the prohibition shall not apply when the 


following conditions are satisfied: 
 
(a)  
the ship is operating an Annex VI equivalent fitting, material, appliance or 
apparatus, or other compliance methods designed to meet emission standards set 
by the DENR pursuant to Sec. 4 of this Act; 
 
(b)  
the Annex VI equivalent is approved by the DOTr, and operating in accordance 
with requirements promulgated pursuant to Section 4 of this Act; and 
 
(c)  
the emission from the Annex VI approved equivalent is within the emission 
standards set by the DENR. 
 
SEC. 19. Other Applicable Conditions or Requirements. - The application of the 
exemptions under this Chapter shall be subjected to additional conditions or requirements that 
may promulgated by the DOTr pursuant to the Convention in the light of the intention of 
Section 4 of this Act. 
 
Moreover, the provisions of the Convention setting forth technical requirements that 
Philippine-flagged ships must meet, which are inapplicable or impractical in Philippine 
domestic setting, may be suspended: Provided, That subject to public consultation with 
concerned agencies and stakeholders, the DOTr shall prescribe appropriate equivalents or 
standards for these ships to protect the marine environment: Provided, further, That nothing 
herein shall prevent the enactment of any law providing for standards, requirements or 
regulations higher than those provided for by the Convention. 
 
SEC. 20. Immediate Report of Discharge of Harmful Substances. – If any actual or 
probable discharge of any harmful substance occurs from any ship while it is operating in 
Philippine maritime zones, the master of the ship shall immediately inform the flag State of the 
ship. If any actual or probable discharge occurs from any Philippine ship into any other part of 
the sea or atmosphere, the master of the ship shall immediately report the incident to the nearest 
affected coastal State and to the PCG. 
 
If the master of the ship fails is unable or fails to report the incident, or the discharge 
occurs in circumstances where the ship is abandoned, the owner, agent or manager of the ship 
shall without delay, report the incident to the concerned agencies under this Section. 
 
SEC. 21. Record Books. – Philippine ships and all ships operating within Philippine 
maritime zones shall maintain on board record books in the English language, whether as part 
of their official logbook or nor. For this purpose, the details of the content of the record book 
shall be pursuant to the Convention. 
 
SEC. 22. Reception Facilities. – Port authorities shall ensure that public and private 
ports and terminal ports in the Philippines are appropriately and adequately provided with 
facilities to meet the needs of ships for the reception of the following substances under the 
annexes of the Convention: 
 
(a)  
oily bilge water; oily residues (sludge); oily tank washings (slops); dirty ballast 
water; and scale and sludge from tank cleaning under Annex I; 
 
(b)  
cargo residues containing noxious liquid substances as defined in MARPOL 


Annex II; or ballast water, tank washings or other mixtures containing such 
substances under Annex II; 
 
(c)  
sewage under Annex III; 
 
(d)  
garbage, including plastics, food wastes, domestic wastes, cooking oil, incinerator 
ashes, operational wastes, animal carcasses, fishing gear, E-waste, cargo residues 
not harmful to the marine environment and cargo residues harmful to the marine 
environment under Annex V; and, 
 
(e)  
ozone-depleting substances and equipment containing such substances, and 
exhaust gas cleaning residues under Annex VI 
 
For this purpose, port authorities shall: 
 
(a)  
determine and establish the most effective and efficient means for meeting 
internationally-accepted requirements with respect to reception facilities in public 
and private ports without causing such ships undue delay; 
 
(b)  
formulate and implement an integrated waste management system for the use and 
operation of reception and treatment facilities in coordination with the DENR and 
the PCG; and, 
 
(c)  
coordinate with the DENR and concerned local government units (LGUs) on the 
proper handling and disposal of wastes collected at ports. 
 
Port authorities may enter into agreements with private entities which were selected 
through public bidding processes in relation to the establishment and operation of reception 
and treatment facilities upon verification of compliance with standards established for said 
facilities by the DENR pursuant to the Convention. 
 
SEC. 23. Use of Reception Facilities. – Pursuant to the regulations issued by the DOTr, 
all ships entering or availing the services of ports, terminals and repair reports shall use 
reception facilities established pursuant to Section 22, subject to the integrated waste 
management system to be established by port authorities. Regulations shall consider the fast 
turnover, or undue delay of ships in order to determine the necessity of the use of facilities in 
any port or terminal. 
 
SEC. 24. Denial of Entry. – Should there be a probability that a foreign-flagged ship 
has violated or may violate the requirements of this Act, or the rules and regulations 
promulgated therefor, the ship may be denied entry to any port in the Philippines. 
 
SEC. 25. Detention of Ships. – Ships shall be detained in any of the following cases: 
 
(a)  
The fine or fines imposed on ship, owner or manager of the ship pursuant to 
Chapter 5 of this Act, except those imposed for violations of administrative 
regulations under Sections 27 to 35 and 38 of this Act, have not been paid; 
 
(b)  
The condition of the ship does not substantially correspond with what is stated in 
the ship’s certificates; 


(c)  
The ship does not hold valid ship certificates; 
 
(d)  
There are reasonable or probable grounds to believe that: 
 
(1)  
the ship incurred a pollution cost liability under this Act; 
 
(2)  
the ship violated any of the requirements of this Act or rules and regulations 
promulgated therefore; and 
 
(3)  
the ship caused harm or damage or exhibited a reasonable environmental 
threat to 
(4)  
the marine environment. 
 
A ship may be released pursuant to Section 43 of this Act. 
 
CHAPTER 5 
FINES, PENALTIES, AND LIABILITIES 
 
SEC. 26. Imposition of Finances, Penalties and Liabilities. - Except for fines and 
penalties for violations under Section 36 and 37 of this Act, all fines and penalties shall be 
imposed pursuant to Section 43 of this Act on the owner, master, agent or manager of the ship 
found to be liable under this Chapter. The owner, master, agent or manager of the ship 
responsible shall be jointly and severally liable. 
 
For this purpose, an appropriate fine rating system shall be established by the MPAB, 
taking into consideration degree of willfulness, negligence or recalcitrance of the master, owner 
or manager of the ship, their history of noncompliance, gross tonnage of the ship, and the 
gravity of the damage caused by the ship to the environment. 
 
SEC. 27. Discharge of Emission of Harmful Substances. – A ship that is found to have 
discharged or emitted harmful substances under Section 10 of this Act shall be liable to pay 
the following fines: 
 
(a)  
In the case of a Philippine ship: 
 
(1)  
For oil under paragraph (a) of Section 11 of this Act – not less than Two 
hundred thousand pesos (Php 200,000.00) but not more than Ten million 
pesos (Php10,000.00); 
 
 
(2)  
For noxious liquid substances or harmful substances in packaged form 
under paragraphs (b) and (c) of Section 11 of this Act – not less than Two 
hundred thousand pesos (Php200,000.00) but not more than Ten million 
pesos (Php10,000,000.00); 
 
(3)  
For sewage or garbage under paragraphs (e) and (f) of Section 11 of this 
Act not less than Fifty thousand pesos (Php50,000.00) but not more than 
Two million pesos (Php2,000,000.00); and 
 
(4)  
For other harmful substances as defined in this Act – not less than Two 


hundred thousand pesos (Php200,000.00) but not more than Ten million 
pesos (Php10,000,000.00). 
 
(b)  
In the case of Philippine ship engaged in international trade and foreign-flagged 
ship: 
 
(1)  
For oil or oily mixture under paragraph (a) of Section 11 of this Act – not 
less than Fifty thousand US dollars (US$50,000) but not more than Five 
million US dollars (US$5,000,000), or its equivalent in Philippine pesos; 
 
(2)  
For noxious liquid substances or harmful substances in packaged form 
under paragraphs (b) and (c) of Section 11 of this Act – not less than Fifty 
thousand US dollars (US$50,000.00) but not more than Three million US 
dollars (US$3,000,000.00), or its equivalent in Philippine pesos; 
 
(3)  
For sewage or garbage under paragraphs (d) and (e) of Section 11 of this 
Act – not less than Ten thousand US dollars (US$10,000.00) but not more 
than One million US dollars (US$1,000,000.00), or its equivalent in 
Philippine pesos; and 
 
(4)  
For air pollutants of Section 11 of this Act – not less than Fifty thousand 
US dollars (US$50,000.00) but not more than Five million US dollars 
(US$5,000,000.00), or its equivalent in Philippine pesos. 
 
The owner, master, agent or manager of the ship responsible for the discharge or emission 
under this Section shall be held jointly and severally liable. 
 
SEC. 28. Failure to Maintain Record Books. – A ship that operates without record 
books required under Section 21 of this Act or fails to maintain said record books on board 
shall be liable to pay a fine of Two hundred thousand pesos (Php200,000.00). 
 
SEC. 29. Refusal to Use Reception Facilities. – A ship that unjustifiably refuses to use 
reception facilities shall be liable to pay a fine of not less than Ten thousand pesos 
(Php10,000.00) but not more than Five hundred thousand pesos (Php500,000.00): Provided, 
That disposal of oil in reception facilities shall be required upon determination by the PCG. 
 
SEC. 30. Absence of and Noncompliance with Shipboard Garbage Management. - 
A ship that operates without a shipboard garbage management plan as required under the 
Convention or fails to operate in accordance with such plan, shall be liable to pay a fine of not 
less than Ten thousand pesos (Php10,000.00) but not more than Two hundred thousand pesos 
(Php200,000.00). 
 
SEC. 31. Unauthorized Change in the Ship’s Structure, Equipment, Fittings, 
Arrangements and Materials. – Unless authorized under this Act or the Convention, any ship 
owner who made or caused any change in the structure, equipment, fittings, arrangements and 
materials of the ship without the approval of the MARINA shall be punished by a fine of not 
more than Ten thousand pesos (Php10,000.00) but not more than One hundred thousand pesos 
(Php100,000.00). 
 
SEC. 32. Operating Without the Required Certification. – A ship that is operated or 


is allowed to operate without the certification required under this Act or the Convention shall 
be detained and shall be liable for a fine of not less than Ten thousand pesos (Php10,000.00) 
but not more than Five hundred thousand pesos (Php500,000.00). 
 
SEC. 33. Violation of Detention Order. - A ship that proceeds to sea in violation of a 
detention order issued pursuant to Section 16 hereof shall be liable to the following fines: 
 
(a)  
Philippine ship – not less than Ten thousand pesos (Php10,000.00) but not more 
than One million pesos (Php1,000,000.00); and 
 
(b)  
Philippine ship engaged in international trade and foreign-flagged ship – Not less 
than Five million US dollars (US$5,000,000.00), or its equivalent in Philippine 
pesos. 
 
SEC. 34. Continuing Violation. – A ship that continuously discharges or emits harmful 
substances in violation of Section 11 of this Act, shall be held liable for the fines stipulated 
under Section 27. Likewise, it shall be made liable to pay an additional fine of not less than 
Ten thousand pesos (Php10,000.00) but not more than Two hundred thousand pesos 
(Php200,000.00) for every day or part thereof during which the violation continues to be 
committed. 
 
SEC. 35. Obstruction of Investigation. – Any person who, without justifiable reason, 
obstructs or hampers the conduct of an investigation of a violation of this Act shall be liable to 
pay a fine of not less than Ten thousand pesos (Php10,000.00) but not more than One hundred 
thousand pesos (Php100,000.00). 
 
SEC. 36. Neglect of Duty. - Any government official or employee charged with the 
responsibility of enforcing any provision of this Act, who is found guilty of gross negligence 
of duty, shall be dismissed from the service with prejudice to reinstatement. Neglect of duty 
shall be prosecuted in accordance with existing laws. 
 
SEC. 37. Connivance in Violation of this Act. – Any government official or employee 
tasked with the responsibility of enforcing and/or implementing any provision of this Act who 
connives with the ship owner, master or manager of a ship or any person to violate, or permits 
the commission of, any violation of this Act shall be dismissed from the service and shall be 
jointly and severally liable with any person found to be liable for the fine imposed pursuant to 
this Act. 
 
SEC. 38. Violations of Administrative Regulations. – Any person who commits or 
omits acts in violation of rules and regulations issued by concerned agencies pursuant to this 
Act, unless the violations are otherwise covered under Section 27 to 35 hereof, shall be liable 
to the following fines: 
 
(a)  
Philippine ship: 
 
(1)  
First violation – a fine of not less than One thousand pesos (Php1,000.00) 
but not more than One hundred thousand pesos (Php100,000.00); 
 
(2)  
Second violation – a fine more than One hundred thousand pesos 
(Php100,000.00) but not more than Two hundred thousand pesos 


(Php200,000.00); and 
 
(3)  
Third violation – a fine more than Two hundred thousand pesos 
(Php200,000.00) but not more than One million pesos (Php1,000,000.00) 
and the suspension of vessel safety certificate for six (6) months to one (1) 
year. 
 
(b)  
Philippine ship engaged in international trade and foreign-flagged ship – One 
thousand US dollars (USD 1,000.00) to Four million US dollars (USD 
4,000,000.00) 
 
The concerned agency shall promulgate rules and regulations for the summary imposition 
of administrative sanctions, subject to due process, for failure to comply with any order, 
decision, rules and regulations of the MPAB issued pursuant to this Act. 
 
SEC. 39. Periodic Review of Penalties and Fines. – The fines prescribed in this Act 
shall be periodically reviewed and any changes or increases will be approved by the MPAB 
prior to its implementation. 
 
SEC. 40. Clean-up Operations. – In the event harmful substances, under Section 11 of 
this Act are discharged or emitted from any ship into Philippine maritime zones or into any 
part of the sea or waters outside Philippine waters but such substances subsequently flowed or 
drifted into Philippine maritime zones, or into the Philippine atmosphere, the PCG, in 
coordination with other agencies concerned, shall be responsible for the cleanup and 
containment of discharged substances, and the prevention or mitigation of the resulting damage 
to the environment , human health, tourist and fishing industries, public and private properties: 
Provided, That the necessary initial cleanup and containment shall be made by the owner of 
the ship which discharged or cause the discharge of such harmful substances. 
 
SEC. 41. Cost Liability for the Discharge or Emission of Harmful Substances. – The 
owner of the ship liable for the discharge of harmful substances under Section 40 hereof shall 
be primarily responsible for the following pollution costs: 
 
(a)  
Reasonable expenses that the PCG and other agencies concerned may reasonably 
undertake or has undertaken pursuant to Section 40; and, 
 
(b)  
Environmental damages and/or other reasonable measures taken for 
environmental rehabilitation. 
 
In case the responsibility for the above pollution cost liability falls on two (2) or more 
ships, and the liability of each of the owners thereof cannot be reasonably distinguished from 
that of the other, each of the owners shall be jointly and severally liable for the whole amount 
of the cost. 
 
Republic Act. No. 9483, otherwise known as the Oil Pollution Compensation Act of 
2007, shall govern the civil liability for the discharge of oil, including the oily mixture, 
discharged as part of the incident under the said Act. 
 
Reimbursement of the cost incurred shall be made to the MEMF or to such other funds 
where disbursements were sourced. 


 
SEC. 42. Informer’s Reward. – Any person with the exception of the officials or 
employees of the DOT, the DENR, the LGUs, the MARINA, the PCG or port authority or their 
relatives with the sixth degree of consanguinity, who voluntarily gives definite and sworn 
information not yet in the possession of the MARINA or the PCG, leading to the discovery of 
the violation of this Act and resulting in the imposition of fines or fees, or conviction of the 
guilty party of any of the fines or penalties, shall be rewarded a sum equivalent to ten percent 
(10%) of the fines or fees paid or recovered. 
 
CHAPTER 6 
Adjudication of Marine Pollution Cases 
 
SEC. 43. Filing of Complaint. – Within a reasonable period following an apprehension, 
or a discovery or determination of violations under Sections 27 to 35 and 38 of this Act, 
appropriate complaint, with recommended fine, shall be filed with the DHO of the PCG against 
an owner, master, agent or manager of the ship. The DHO shall issue the Resolution on the 
complaint, in summary proceeding, upon receipt thereof. 
 
All Resolutions of the DHO shall be immediately executory: Provided, That all 
resolutions of the DHO may be appealed to the MPAB within fifteen (15) days from the receipt 
thereof: Provided, further, That under exceptional circumstances, the MPAB may, at its own 
instance, review or determine whether the fine imposed in the Resolution of the DHO is fair to 
the government, and, henceforth, issue an Order imposing the appropriate fine. 
 
Pending review or appeal of the Resolution of the DHO, the ship may be released 
pursuant to Section 25 of this Act when any of the following conditions are satisfied: 
 
(a)  
the ship has paid the fines imposed by the DHO; 
 
(b)  
the ship has posted adequate cash bond, insurance guarantee, or protection 
indemnity guarantee or a combination thereof to cover the liability of the owner, 
master or agent of the ship as approved by the DHO is posted with the Office of 
the DHO; 
 
(c)  
the ship has issued an undertaking that the fines imposed by the MPAB shall be 
forthwith settled in the event the MPAB determined the payment of a higher fine; 
and, 
 
(d)  
the ship has complied with the regulation, or employed appropriate method, 
device, or structural remedies that will prevent the causes of pollution as certified 
by the PCG. 
 
For this purpose, the DOTr shall designate a District Hearing Officer (DHO) for each 
district of the PCG: Provided, That the person to be designated is a commissioned officer of 
the PCG and a Member of the Philippine Bar engaged in the practice of law for at least five (5) 
years: Provided, further, That the DHO shall have a rank with a pay grade of at least an Officer-
5 upon appointment or within three (3) years following the effectivity of this Act, pursuant to 
the transitory guideline issued therefor by the DOTr: Provided, finally, That the hearing officer 
when acting as such shall follow the canons of judicial conduct mutatis mutandis. 
 


SEC. 44. Marine Pollution Adjudication Board. – There is hereby constituted a Marine 
Pollution Adjudication Board (MPAB) vested with quasi-judicial powers under the Office of 
the DOTr Secretary. It shall be composed of the following members: 
 
(a)  
Secretary of the DOTr, or his duly authorized permanent representative, as 
Chairperson; 
 
(b)  
Commandant of the PCG, or his duly authorized permanent representative; 
 
(c)  
Administrator of the MARINA, or his duly authorized permanent representative; 
 
(d)  
General Manager of the PPA, or his duly authorized permanent representative; 
 
(e)  
Director of the Environmental Management Bureau of the DENR, or his duly 
authorized permanent representative; 
 
(f)  
A permanent representative endorsed by the Association of Masters and Mates; 
 
(g)  
A permanent representative endorsed by the Marine Engineers Association; 
 
(h)  
A member of the Philippine Bar duly endorsed by the Integrated Bar of the 
Philippines (IBP); 
 
(i)  
A member of the Sea Transport Association; and, 
 
(j)  
A representative of civil society with recognized advocacy on the protection of 
marine environment. 
 
The grant of honoraria to members of the MPAB shall be subject to existing laws, 
accounting and auditing rules and regulations. 
 
SEC. 45. Powers and Functions. – The MPAB shall have the following powers and 
functions: 
 
(a)  
Review Resolutions of the DHO pursuant to Section 43 of this Act; 
 
(b)  
Conduct hearings whenever necessary, even in the absence of any party thereto 
who has been summoned or served with notice to appear, refer technical matters 
or accounts to an expert and to accept the experts’ reports thereon as evidence 
after hearing of the parties upon due notice, direct parties to be joined in or 
excluded from the proceedings, correct amend or waive any error, defect or 
irregularity, whether in substance or in form, and give all such directions as it 
may deem necessary or expedient in the determination of the cases before it; 
 
(c)  
Promulgate and adopt its own rules of procedure under this Chapter. It shall not 
be strictly bound by the Rules of Court but shall proceed to hear and decide cases 
in a most expeditious manner, employing all reasonable means to ascertain the 
facts of every case in accordance with justice and equity and the merits of the 
case; 
 


(d)  
Summon witnesses, administer oaths, take testimony, require submission of 
reports, compel the production of books and documents and answers to 
interrogatories and issue subpoena duces tecum and to enforce its writs through 
sheriffs or other duly deputized officers; 
 
(e)  
Punish direct contempt in the same manner and subject to the same penalties as 
provided in the Rules of Court; 
 
(f)  
Enjoin any or all acts involving or arising from any case depending before it 
which if not restrained forthwith, may cause grave or irreparable damage to any 
of the parties to the case or seriously affect social or economic stability; 
 
(g)  
Issue orders and decisions to compel compliance with the provisions of this Act 
and the Convention and issuances or decisions of the MPAB; 
 
(h)  
Deputize in writing or request assistance to appropriate government agencies or 
instrumentalities for the purpose of enforcing its decisions; and, 
 
(i)  
Issue an ex parte order directing the discontinuance of the discharge of substances 
the cause marine pollution, or the temporary suspension or cessation of operation 
of operation of the equipment, project or activity and other acts causing 
environmental degradation, generating pollutants or wastes, without the necessity 
of a previous public hearing: Provided, That the ex parte order shall be issued 
only in case of immediate threat to life or property, public health, safety or welfare 
or to animal or plant life, or exceeds the allowable environmental standards. The 
ex parte order shall be immediately executory and shall remain in force and effect 
until this is modified or lifted by the MPAB. 
 
SEC. 46. Finality of Determination. – Any case or controversy before the MPAB shall 
be decided by majority of all its members within thirty (30) days after it is submitted for 
resolution. Only one (1) motion for reconsideration shall be allowed. Unless an appeal is 
perfected and a cash bond equivalent to the fine imposed is deposited, any order, decision or 
ruling issued by the MPAB shall be final and executory. 
 
SEC. 47. Appeals on the Judgment of MPAB. – Decision, final order or judgment of 
the MPAB may be appealed to the Court of Appeals under Rule 43 of the Rules of Court of the 
Philippines. 
 
CHAPTER 7 
Miscellaneous Provisions 
 
SEC. 48. Ship Pollution Prevention Program. – The DOTr, in coordination with 
concerned agencies and stakeholders, shall establish and lead the implementation of a program 
to effectively prevent pollution from ships and ensure compliance with the regulations under 
MARPOL. The program shall include, among others: (a) awareness building and capacity 
building; (b) data base development and management; (c) establishment and operation of 
reception facilities; (d) implementation of marine environment protection activities; and (e) 
research and development. 
 
SEC. 49. Implementing Rules and Regulations. – The Department and the concerned 


agencies shall promulgate the implementing rules and regulations for this Act within one (1) 
year after the enactment of this Act. The proposed implementing rules and regulations shall be 
subjected to public consultations with affected sectors. The DOTr shall ensure that functions 
of the implementing agencies and rules and regulations promulgated prior to and after the 
effectivity of this Act are devoid of any duplication or inconsistency. 
 
The rules and regulations issued by other government agencies and instrumentalities for 
the prevention of marine pollution not inconsistent with and appropriate to the implementation 
of this Act shall supplement the rules and regulations issued by the Department pursuant to this 
Act. 
 
SEC. 50. Joint Congressional Oversight Committee (JCOC). – The Joint 
Congressional Oversight Committee created under Section 33 of Republic Act. No. 9275 or 
the Philippine Clean Water Act of 2004 shall also monitor the implementation of this Act and 
review the implementing rules and regulations promulgated by the DOTr. 
 
The JCOC shall continue to exist or a period not exceeding five (5) years from the 
effectivity of this Act and thereafter, its oversight functions shall be exercised by the 
Committee on Environment of the Senate and the Committee on Ecology of the House of 
Representatives, acting separately. 
 
The Secretariat of the Congressional Oversight Committee shall come from the 
secretariat personnel of the Committees of the Senate and the House of Representatives 
comprising the JCOC. 
 
SEC. 51. Marine Environmental Management Fund (MEMF). – There is hereby 
established a Marine Environmental Management Fund (MEMF) to be administered by the 
MPAB. The MEMF shall be sourced from the following: 
 
(a)  
Fees, charges and fines imposed pursuant to this Act; 
(b)  
Donations, endowments, grants and contributions; and, 
(c)  
Amounts specifically appropriated for the MEMF under the annual General 
(d)  
Appropriations Act. 
 
The MEMF shall be utilized for the following activities: 
 
(a)  
Containment, removal and clean-up operations of the PCG in all marine pollution 
cases under the Convention; 
 
(b)  
Enforcement and monitoring activities of the MARINA, the PCG and port 
authorities of the Department and other relevant agencies: Provided, That ninety 
percent (90%) of the funds shall be maintained annually for the containment, 
removal and clean-up operations of the PCG in all cases of pollution from ships: 
Provided, further, That in no case shall the MEMF be used to fund personal 
services expenditures except for the compensation of those involved in cleanup 
(c)  
operations; and, 
 
(d)  
Capability building activities and initiatives of implementing agencies under this 
Act. 
 


SEC. 52. Appropriations. - The amount necessary to carry out the provisions of this Act 
shall be charged against the current year’s appropriations of the concerned agencies. 
Thereafter, such sums as may be necessary for the operation and maintenance of this Act shall 
be included in the General Appropriations Act. 
 
SEC. 53. Separability Clause. - In the event that any provision of this Act is declared 
unconstitutional, the validity of the remainder shall not be affected thereby. 
 
SEC. 54. Repealing Clause. – The fifth paragraph of Section 28 of the Philippine Clean 
Water Act and Section 22 of the Oil Pollution Compensation Act are hereby repealed. The 
Toxic Substances and Hazardous and Nuclear Wastes Control Act, the Marine Pollution 
Control Decree of 1974 and 1976 are hereby amended and modified accordingly. All laws, 
decrees, rules and regulations and executive orders contrary to or inconsistent with this Act are 
hereby repealed or modified accordingly. 
 
SEC. 55. 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,