IRTEENTH CONG 
SS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regtilar Session 
1 
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Iritroduced 611 Senator Flavier 
AN ACT 
TO PEUEVENT AND CONTROL MARINE POLLUTION FROM SHIPS AND 
FIXED AND FLOATING DRTLLING RIGS AND OTHER FLATFORM§, 
PROVIDE PENALTIES THEREFOR, AND FOR OTHER PURPOSES 
E ~ ~ ~ A N A T O ~ Y  
NOTE 
Presidential Decree No. 976, a law on which the prevention and control of marine 
pollution completely rely, was promulgated in 1976 when the problem on discharges of 
polluted eMuents and wastes from ships *were not yet ostensibly pervasive. Such law, 
otherwise known as the Marine Pollution Decree of 1976, were intended to be all- 
embracing but too general that promulgation of its implementing regulation or standard 
paramountly depends on the primary agency responsible therefor. 
Taking the above into consideration, this bill is filed to address the shortcomings 
of the 1976 law and to respond to the in-time prevalent beckons of the Philippine marine 
environment. 
This measure significantly seeks to implement the provision of the MMWOL 
73/78, which is the International Convention for the Prevention Pollution from Ships, as 
modified by Protocol of 1978 and other protocols and annexes related thereto. 
Among the countries worldwide, 106 countries have ratified the MARPOL, 
representing 88% of world tonnage. For the East Asian region, on the Philippines and 
Thailand have not yet ratified the MARPOL, to think that the Philippines is among the 
top 15 countries in terms of tonnage. 
Notwithstanding, it is the desire of this representation to take an active stance 
while the concerned sector is, at the same time, making its move towards the early 
ratification of the MARPOL. The rampant degradation of the marine environment 
intensifies the need for the immediate passage of this measure, despite the ratification of 
the MAWOL. 
To address the immediate and comprehensive rehabilitation of marine 
environment damage as brought about by ship operations, it is the vision of this measure 
that a mechanism for environmental guarantee be institutionalized to finance the needs 
for emergency response, clean-up or rehabilitation of areas that may be damaged. 
For these reasons, approval of this bill is earnestly sought. 
I 
IER 


THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
) 
OF THE PHILIPPINES 
S E N A T E  
AN ACT 
TO PREVENT AND CONTROL MARINE POLLUTION 
AND FLOATING 
DRILLING RIGS AND 
OTHER 
PENALTIES THEREFOR, AND FOR OTHER PURPOSES 
FROM SHIPS AND FIXED 
FLATFORMS, 
PROVIDE 
Be it enacted by the Senate and the House of Representatives in Congress, assembled: 
CHAPTER 1.- GENERAL PROVISIONS 
SECTION 1. Short Title. This Act shall be known as the Ship Pollution Prevention Act of 
2004. 
SECTION 2. Declaration ofPolicy. It is hereby declared the policy of the State to prevent 
and control pollution of the seas resulting from the operation of ships and fixed and floating drill- 
ing rigs and other flatforms. 
SECTION 3. Roles and Responsibilities of the Deya~tnient. The Department shall be the 
primary government agency responsible for the implementation and enforcement of this Act, 
unless otherwise provided in this Act. As such, the Department shall: 
(a) Oversee the implementation of this Act and coordinate efforts of different government 
agencies in preventing marine pollution from the operation of ships; 
(b) To effectively implement the provisions and intents of this act, formulate a compre- 
hensive marine environment protection program for ships in view of the holistic and sustainable 
management of Philippine seas and the development of a world-class maritime industry; 
(c) Review the system of certification, inspection and monitoring of ships and the en- 
forcement of this Act with respect to pollution prevention to ensure efficiency and transparency, 
consistent with the overall management of the maritime sector and in accordance with this Act 
and internationally accepted system; 
(d) Establish procedures for reporting incidents involving any actual or probable discharge 
which may be in violation of this Act consistent with the reporting requirements under this Act; 
(e) Cause regulatory action or legal proceedings to be taken or sanctions imposed in re- 
spect of any violation under this Act within 30 days after it is informed of such a violation and is 


satisfied that sufficient evidence is available for such action or proceedings to be taken or such 
action to be imposed. Provided, that every effort to avoid undue delay to ships shall be exerted; 
(f) Formulate a framework plan for an efficient data and information collection and dis- 
semination system on ships that includes the development of basic criteria, methods and standards 
for data collection and research activities undertaken by various public and private entities; 
(g) Conduct a continuing information campaign on marine resources protection aimed at 
developing public awareness of the health hazards and other adverse effects of ship pollution; 
(h) Conduct investigations of any marine casb'alty occurring to any Philippine ship or other 
ships within Philippine territory or exclusive economic zone to which this Act applies; 
(i) Establish a system for inquiry of incidents, investigation, adjudication and prosecution 
of violations of this Act; 
(j) Cooperate with government of other states which are members of international organi- 
zations on marine pollution in relation with the detection of violations and enforcement of this 
Act, using all appropriate and practicable measures of detection and environmental monitoring, 
adequate procedures for reporting and accumulation of evidence; 
(k) Establish a national database for ship operations and activities, including pollution pre- 
vention activities, in the country; 
(n) Reorganize or streamline the fbnctions of its different line, staff and attached authori- 
ties, agencies or bureaus to effectively and efficiently implement the provisions of the Act; 
(0) Ensure an efficient and professional pollution regulatory machinery by providing its of- 
ficers and personnel with adequate training and continuing education; 
(p) Exercise such powers and perform such other functions as may be necessary to carry 
out its duties and responsibilities under this Act. 
SECTION 4. Exercise of Police Power. Whenever a marine disaster within the territorial 
sea or the exclusive economic zone poses a substantial threat to public health or welfare of the 
country including but not limited to aquatic life and the public and private beaches because of a 
discharge, or an imminent discharge, of large quantities of oil, noxious liquid substance or other 
harmful substances from ships, the Department may (a) coordinate and direct all efforts towards 
the removal or elimination of such a threat and (b) summarily remove by whatever means avail- 
able, such ship or facility which causes the threat. 
Other than the circumstances stated in the first paragraph, officers designated by the Sec- 
retary shall be authorized to board, inspect and survey any ship to which this Act applies including 
ships within the exclusive economic zone of the Philippines, enter port facilities in the Philip- 
2 


, 
pines, demand the production of documents, records and other evidence, and take testimony of 
witnesses under oath, for the purpose of verifying compliance with this Act 
SECTION. 5. Institutional Linkages. In implementing this Act, the Department shall co- 
ordinate and consult with other agencies having authority over marine and coastal resources regu- 
lation such as the Department of Environment and Nstural Resources, the Department of National 
Defense, Department of Foreign Affairs, Department of Energy, Department of Agriculture, De- 
partment of Trade and Industry, Department of Tourism and the Department of the Interior and 
Local Government. 
SECTION 6. Role ofLocaZ Government Units. AI1 local government units shall, pursuant 
to the pertinent provisions of the Local Government Code, and subject to the general supervision 
of the Department, assist in implementing and enforcing this Act. 
CHAPTER 2. - DEFINITION OF TERMS 
SECTION 7. Definition of Terms. As used in this Act: 
(a) “Chemical tanker” means a ship constructed or adapted primarily to carry a cargo of 
noxious liquid substances in bulk and includes an ‘‘oi‘ tanker” as defined in this law when carrying 
a cargo or part cargo of noxious liquid substances in bulk. 
(b) “Clean ballast” means the ballast in tank which since oil or noxious liquid substances 
were last carried therein, has been so cleaned that effluent therefrom if it were discharged fi-oni a 
ship which is stationary into clean calm water on a clear day would produce visible traces of oil on 
the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited 
beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through 
an oil discharge monitoring and control system in compliance with this law and rules and regula- 
tions issued therefor. 
(c) “Crude oil tanker” means an oil tanker engaged in the trade of carrying crude oil. 
(d) “Department” means the Department of Transportation and Communications. 
(e) “Discharge” means, in relation to harmful substances or effluents containing such sub- 
stances, any release, however caused, from a ship and includes any escape, disposal, spilling, leak- 
ing, pumping, emitting or emptying. 
(f) “En route ” is taken to mean that the ship is under way at sea on a course, or courses, 
which so far as practicable for navigational purposes will cause any discharge to be spread over as 
great an area of the sea as is reasonably practicable. 
3 


(g) “Exclusive Economic Zone” means such areas as defined in the United Nations Con- 
vention on the Law of the Sea 1982 that extends beyond and adjacent to the territorial sea of the 
Philippines as that definition may be affected by other regional or international treaties to which 
the Philippines is a party. 
(h) “Existing ships” means a ship not covered by the preceding paragraph. 
(i) “Harmful substance” means any substance which, if introduced 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, as may be declared harmful or hazardous to hu- 
man and marine life under the laws of the Philippines, and includes any substance subject to con- 
trol under this Act; 
(j) “Incident” means an event involving the actual or probable discharge into the sea of a 
harmful substance, or effluents containing such a substance; 
(k) “Marine Casualty” means any accident at sea involving a ship which could result in an 
incident; 
(1) “Navigable waters” means the waters of the Philippines, including the territorial sea 
and inland waters which are presently, or be in the fiitlture susceptible for use by watercraft. 
(m) “Nearest land” means from the baseline fiom which the territorial sea of the territory 
in question is established in accordance with international law. 
(n) “New ships” means a ship (1) for which the building contract is place after 3 1 Decem- 
ber 1975, or (2) in the absence of a building contract, the keel of which is laid or which is at a 
similar stage of construction after 30 June 1976, or (3) the delivery of which is after 3 1 December 
1979, or (4) which has undergone a major conversion (i) for which the contract is place after 3 1 
December 1975, or (ii) in the absence of a contract, the construction work of which is begun after 
30 June 1976, or (iii) which is completed after 31 December 1979. 
(0) “Oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its 
cargo spaces and includes combination carriers and any “chemical tanker” as defined hereunder 
when it is carrying a cargo or part cargo of oil in bulk. 
(p) “Particularly Sensitive Sea Area” means a sea area defined by the Organization which 
needs special protection through action by the Organization, because of its significance for recog- 
nized ecological or socio-economic or scientific reasons and which may be vulnerable to envi- 
ronmental damage by maritime activities. A particularly sensitive area is a qualification and a ba- 
sis on which protective measures may be taken through meastires developed by the Organization; 
4 


(q) “Philippine Ship” means a ship registered under the laws of the Republic of the Philip- 
pines and entitled to fly the flag of the Philippines; 
(r) “Product carrier” means an oil tanker engaged in the trade of carrying oil other than 
crude oil. 
(s) “Reception facility” means any facility used for the reception of oil, noxious liquid 
substances, sewage or garbage from ships at a port or terminal; 
(t) “Secretary” means the Secretary of the Department of Transportation and Communica- 
tions; 
(11) “Segregated ballast” means the ballast water introduced into a tank which is com- 
pletely separated from the cargo oil and oil fuel system and which is permanently allocated to the 
carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious substances as 
variously defined by this law. 
(v) “Ship” means a vessel of any type operating in the marine environment and includes, 
without limitation, pleasure craft, fishing vessels, hydrofoil boats, air-cushion vehicles, submersi- 
bles, floating craft and fixed or floating platforms. 
(w) “Slop tank” means a tank specifically designated for the collection of tank drainings, 
washings and other oily mixtures. 
(x) “Special Area” means a sea area defined by the Organization where, for recognized 
technical reasons in relation to its oceanographic and ecological condition and to the particular 
character of its traffic, the adoption of special mandatory methods for the prevention of sea pollu- 
tion is required; 
(y) “Tank” means an enclosed space which is formed by the permanent structure of a ship 
and which is designed for the carriage of liquid in bulk. 
(z) “Territorial Sea” means in respect of the Republic of the Philippines has the same 
meaning as in the Philippine Constitution; and in respect of any other State means the territorial 
sea of that State as recognized in international law; 
(aa)“Undue delay” means a delay that is unreasonable and unnecessary in light of the par- 
ticular conditions of the ship, the ship’s cargo, destination and schedule, and in light of the pur- 
pose and scope of the investigation, inspection or other cause for detaining the ship. 
(bb) “Vessel” means every description of watercraft, or other artificial contrivance used, or 
capable of being used, as a means of transportation on water. 
CHAPTER 3. - SCOPE AND APPLICATION 
5 


. 
SECTION 8. Scope and Application of the Act. (a) Unless otherwise specified, this Act 
shall apply to: 
(1) All Philippine Ships; 
(2) All ships operating within the territorial sea or Exclusive Economic Zone of the 
Philippines; and 
(3) Fixed and floating drilling rigs and other fI atforms. 
(b) With respect to the application of this Act to ships of States which are not MARPOL 
73/78 member States, no more favorable treatment shall be given to such ships than is provided 
for under this Act. 
SECTION 9. Exemptions. Subject to the provisions of Sec. 6 below, this Act shall not ap- 
ply to warships, naval auxiliary and other ships used for the time being only on government non- 
commercial service and ships of the Government of the Philippines, Provided, however, that the 
Government of the Philippines shall ensure by the adoption of appropriate measures not impairing 
the operational capabilities of its ships that they operate in a manner consistent, so far as is rea- 
sonable and practicable, with this Act. 
CHAPTER 4. - PREVENTION OF POLLUTION FROM VESSELS 
Article One. - General Provisions 
SECTION 10. General Guidelines. - The Department shall require any fitting , material, 
appliance or apparatus deemed appropriate and effective for the prevention of any discharge of 
pollutant to be fitted in a ship. 
SECTION 1 1. Reception Facilities. - The Department shall ensure the provision of ade- 
quate port reception facilities, and in so doing, (a) deteriiiine and establish the most effective and 
efficient means for meeting the internationally accepted requirements with respect to reception 
facilities in public and private ports, and terminals used for ship building, repair, ship breaking 
and related activities, (b) consider integrated waste management systems, and (c) coordinate with 
DENR and concerned LGUs on the proper handling and disposal of wastes collected at ports. 
Such facilities shall have adequate capacity to meet the needs of the ships using them with- 
out causing undue delay. All oil companies and oil transport contractors operating in the coiintry 
shall share the obligation of putting up said facilities in their respective oil refineries, loading, 
receiving or docking ports. The collection from the vessels and the disposal to port receptacles of 
said residues or refuse shall be the joint duty and responsibility of the recipient-company and ship 
captain. 
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SECTION 12. Shz$board Garbage Managemenr System. - All vessels shall adopt and im- 
plement their shipboard garbage management system ensuring that oil residues and sewage and 
solid wastes are properly disposed of. All vessels shall put up and maintain appropriate on-board 
containers, holding tanks or receptacles for oil residues and sewage and solid wastes. 
SECTION 13. Mandatov Disposal of Wastes at Reception Facilities. - All vessels shall 
mandatorily dispose of their oil residues or oily mixture, sewage wastes and garbage at the recep- 
tion facilities provided by the Department and/or its duly accredited private contractor, or at such 
private facilities recognized by the former,unless the same is disposed of during voyage pursuant 
to this Act. 
SECTION 14. Oily- Water Separating Equipment and Oil Discharge Monitoring and Con- 
trol System. - All vessels of 400 gross tons and above shall be equipped with efficient oily-water 
separating equipment. Prcvided, that vessels of 10,000 gross tons and above shall be fitted with 
oil discharge monitoring and control system and oil filtering equipment, in addition to oily-water 
separating equipment. Provided, fiirther, that vessels of less than 400 tons gross tonnage are 
equipped with storage to retain on board oil or oily mixtures or discharge for proper disposal to 
reception facilities or into the sea pursuant to this Act. 
SECTION 15. Retention of Oil on Board - Oil tankers of I50 gross tonnage and above 
shall be provided with appropriate arrangements for the retention of oil on board, which includes, 
but not limited to, adequate means necessary for cleaning cargo tanks and transferring dirty ballast 
residue and tank washings from the cargo tanks into a slop tanks. Oil Discharge Monitoring Sys- 
tem shall likewise be fitted. In the case of existing tankers, the requirements for oil discharge 
monitoring and control systems and slop tank arrangements shall apply three years after the effec- 
tivity of this law. 
SECTION 16. Segregation of Oil and Water Ballast and Carriage of Oil in Forepeak 
Tanks. - Except where abnormal conditions or the need to carry large quantities of oil fuel render 
it necessary to carry unclean ballast water in any oil fuel tank, every new ship of 4,000 tons gross 
tonnage and above, other than oil tankers, and every new oil tanker of 150 tons gross tonnage and 
above, shall not carry such ballast water in any oil fuel tank. 
Such ballast water shall be discharged to reception facilities or onto the sea in compliance 
with this Act, and an entry thereof shall be made in the Oil Record Book to this effect. 
In a ship of 400 tons gross tonnage and above, for which the building contract is placed 
after 1 January 1982 or in the absence of a building contract, the keel of which is laid or which is 
7 


at a similar stage of construction after 1 July 1982, oil shall not be carried in a forepeak tank or a 
tank forward of the collision bulkhead. 
All other ships shall be encouraged to comply with the requirement of this section as far is 
reasonable and practical. 
SECTION 17. Shbboard Oil Pollution Emergency Plan. - Every oil tanker of 150 gross 
tonnage and above and evxy ship 400 tons gross tonnage and above shall carry on board a ship- 
board oil pollution emergency pian approved by the Department. 
SECTION 18. Retention of Oil Residues or Sludge. - Every ship of 400 tons gross tonnage 
and above shall be provided with a tank or tanks of adequate capacity, having regard to the type of 
machinery and length of voyage, to receive the oil residues or sludge such as those resulting from 
the purification of fuel and lubricating oils and oil leakage in the machinery spaces. 
SECTION 19. Oil Record Book. - All oil tankers and other passenger-cargo vessels above 
400 gross tons shall be provided on board with an Oil Record Book which shall be maintained and 
up-dated every after any reception or transfer operation of oil on board. 
SECTION 20. Pzimping, piping and discharge or unloading arrangements. - Every ship 
shall be provided with pumping and piping arrangements for the discharge and/or unloading of 
dirty ballast water or oil cbmtaminated water from oil tankers, and of residues containing noxious 
liquid substances to ensure that each tank designated for the carriage of substances of certain 
category does not retain a quantity of residue in excess of an environmentally acceptable qiiantity 
in the tank’s associated piping and in the immediate vicinity of that tank’s suction point. 
SECTION 21. National Marine Pollution Prevention Certificate. - The MARINA shall 
survey or inspect vessels, and shall issue a National Marine Pollution Prevention Certificate 
(NMPPC) thereto after compliance with this Act and the rules and regulations promulgated there- 
for by the Department . Said certificate shall be renewed every three years after proper inspection 
and due endorsement of the Department. 
Such certificate shall cease to be valid if violations of this law and rules and regulations 
issued therefor were committed, or if significant alterations have taken place in the construction, 
equipment, systems, fittings, arrangements or materials required by this law and rules and regula- 
tions therefor. 
SECTION 22. Registration and Re-registratiin of Vessels. - The NMPPC under the pre- 
ceding section shall be considered as a pre-requisites to the issuance of the appropriate vessel’s 
certificate of registration. Accordingly, vessels registered prior to the enactment of this law are 
called upon to comply with the immediately preceding section within 30 days following the effec- 
8 


tivity of the same. Lack of the aforementioned certificate sliall be a ground for cancellation of 
said vessel’s registration. Accordingly, MARINA shall effect or adopt necessary amendments to 
vessels registration’s procedures or requirements, and shall issue rules and regulations therefor. 
SECTION 23. Immediate Report of an Accident. - Whenever an accident occurs to a ship 
or a defect is discovered which substantially affects the integrity of the ship or the efficiency or 
completeness of its equipment covered by the rules and regulations of the PCG, the master or 
owner of the ship shall report at the earliest opportunity to the PCG. 
SECTION 24. Obligations of the shipowner, bareboat charterer, operator of sh@s or the 
agent of the shipowner, bareboat charterer or operator of ships. - The shipowner, bareboat char- 
terer or operator of ships or the agent of the shipowner, bareboat charterer or operator shall: 
(a) install appropriate devices or facilities on board ships for the storage or processing of 
waste, such as oil, noxious liquid substances, garbage and sewage, as may be required by regula- 
tions issued by the Department pursuant to this Act; 
(b) comply with requirements as to the carriage of harmful substances in packaged form as 
may be required by regulations issued by the Department pursuant to this Act; 
(c) obtain appropriate certificates required by the Department pursuant to this Act; 
(d) follow procedures or take action for the prevention of pollution from ships as may be 
required by regulations issued by the Department pursuant to this Act; 
(e) notify the Department or any lawful authority of any incident involving its ship or 
other ships in accordance with regulations issued by the Department pursuant to this Act. 
Article Two. - Pollution by Oil, Oily Mixture, Oil Residues 
SECTION 25. Discharge of Oil, Oily Mixtzire. - It shall be unlawfiil for any person, includ- 
ing those serving on board ships covered by Sec. 5, to discharge, or suffer, permit the discharge of 
oil or oily mixture from or out of any ship, vessel, barge, or any other floating craft, or other man- 
made structures at sea, by any method, means or manner, into the waters within the national terri- 
tory or Exclusive Economic Zone of the Philippines, ::xcept: 
(a) when the discharge is necessary for the purpose of securing the safety of a ship and 
those on board or saving life at sea; or 
(b) if the discharge into the sea of oil or oily mixture results from damage to ship or its 
equipment, provided that all reasonable precautions have been taken after the occurrence of the 
damage or the discovery of the discharge for the purpose of preventing or minimizing the dis- 
9 


. 
charge; and except if the owner or the master acted either with intent to cause damage, or reck- 
lessly and with knowledge that damage would probably result; or 
(c) if the discharge is for the purpose of combating specific pollution incidents in order to 
minimize the damage from pollution. 
An oil tanker shall be so allowed when all the following conditions are satisfied: 
(a) the tanker is more than 50 nautical miles from the nearest land; 
(b) the tanker is proceeding en route; 
(c) the instantaneous rate of discharge of oil content does not exceed 60 liters per nautical 
mile; 
(d) the total quantity of oil discharged into the sea does not exceed for existing tankers 
1/15,000 of the total quantity of the particular cargo of which the residue formed a part, and for 
new tankers 1/30,000 of the total quantity of the particular cargo of which the residue formed a 
part; and 
(e) the tanker has in operation an oil discharge monitoring and control system and a slop 
tank arrangement as required by this law and its rules and regulations. 
It shall, likewise, be so allowed to a ship of 400 tons gross tonnage and above other than 
an oil tanker and froin machinery space bilge excluding cargo pump-room bilge of an oil tanker 
unless mixed with oil cargo residue, in addition to pars. (a) and (b) of the immediately preceding 
paragraph of this section, when the following requirements are complied with: 
(a) the oil content of the effluent is less than 100 parts per million; and 
(b) the ship has in operation an oil discharge monitoring and control system, oily-water 
separating equipment, oil filtering equipment or other installation as required by this law and its 
rules and regulations. 
SECTION 26. Discharge of Clean or Segreg-zted Ballast or Unprocessed/Processed Oily 
Mixtures. - Prohibition provided for in the preceding section shall not apply to the discharge of 
clean or segregated ballast or unprocessed oily mixtures which without dilution have oil content 
not exceeding 15 parts per million and which do not originate from cargo pump-room bilge and 
are not mixed with oil cargo residues. Last paragraph of the preceding section shall not also apply 
to the discharge of the processed oily mixture, provided that the ship, in addition to requirements 
for unprocessed oily mixture mentioned in this section, has in operation adequate oil filtering 
equipment as determined by the rules and regulation of the PCG of this provided by this law as. 
SECTION 27, On-board Retaining and Discharge to Reception Facility of Oil Residues. - 
Oil residues prohibited to be discharged under the two immediately preceding sections and those 
10 


which are produced by sh;ps of less than 400 tons gross tonnage, other than an oil tanker, within 
the water territory of the Philippines, shall be retained on board and/or discharged to reception fa- 
cilities in accordance with this Act. 
SECTION 28. Segregated Ballast Tanh, Dedicated Clean Ballast Tanks and Crude Oil 
Washing. - Oil tankers shall comply with the following requirements: 
(a) Every new crude oil tanker of 20,000 gross tons deadweight and above and every new 
product carrier of 30,000 tons deadweight and above shall be provided with segregated ballast 
tanks. 
(b) The capacity of the segregated ballast tanks shall be so determined that the ship may 
operate safely on ballast voyages without recourse to the use of cargo tanks for water ballast ex- 
cept in cases provided in the succeeding paragraphs. 
(c) In no cases shall ballast water be carried in cargo tanks, except: 
(1) on those rare voyages when weather conditions are so severe that, in the opinion of 
the master, it is necessary to carry additional ballast water in cargo tanks for the 
safety of the ship; and 
(2) in exceptional cases where the particular character of the operation of an oil tanker 
renders it necessary to carry ballast water in excess of the quantity required under 
paragraph (b) of this section, provided that such operation of the oil tanker falls un- 
der the category of exceptional cases provided by this Act. 
Such additional ballast water shall be processed and discharged in compliance with Sec. 
25 and in accordance with Sec. 15 and an entry shall be niade in the Oil Record Book referred to 
in Sec. 19. 
(d) In the case of new crude oil tankers, the additional ballast permitted in par. (c) shall be 
carried in cargo tanks only if such tanks have been properly crude oil washed before departure 
from an oil unloading port or terminal. 
(0 Every new crude oil tanker of 20,000 tons deadweight and above shall be fitted with a 
cargo tank cleaning system using proper crude oil washing unless such tanker carries crude oil 
which is not suitable for crude oil washing. 
(g) Every existing crude oil tanker of 40,000 tons deadweight and above shall be provided 
with segregated ballast tanks in compliance with the requirements of pars. (a) and (b) of this sec- 
tion. It may, in lieu of being provided with segregated ballast tanks, operate with cargo tank clean- 
ing procedure using crude oil washing, unless the c,ude oil tanker is intended to carry crude oil 
11 


. 
which is not suitable for crude oil washing. In lieu of the above requirements, it may operate with 
dedicated clean ballast tanks in accordance with the rules and regulations made therefor. 
(h) Every existing product carrier of 40,000 tons deadweight and above shall be provided 
with segregated ballast tanks or, alternatively, operate with dedicated clean ballast tanks as pro- 
vided in this section. 
(i) Any oil tanker which is not required to be provided with segregated ballast tanks may, 
however, be qualified as a segregated ballast tanker, provided it complies with the requirements of 
pars. (b) and (c), or par. (e), as appropriate, of this section. 
SECTION 29 . Floating Storage Facility. - All vessels intended to serve as floating stor- 
age facility for oil or othei substances shall obtain a permit from the Department upon survey of 
the latter onto the compliance of requirements issued for its operation. 
Article Three. - Pollution by Noxious and Liquid Substances in Bulk 
SECTION 30. Categorization of Noxiow Liquid Szibstances. - For the purposes of this ar- 
ticle, noxious and liquid substances shall be divided into four categories as follows: 
(a) Category A: Noxious liquid substances which if discharge into the sea from tank 
cleaning or deballasting operations would present a major hazard to either marine resources or 
human health or cause harm to amenities or other uses of the sea and therefore justifj, the applica- 
tion of stringent anti-pollution measures. 
(b) Category B: Those that present a hazard which therefore justify the application of spe- 
cial anti-pollution measures. 
(c) Category C: Those that present a minor hazard which therefore require special opera- 
tional conditions. 
(d) Category D: 
Those that present a recognizable hazard which therefore require some 
attention in operational conditions. 
The Department shall set the internationally accepted guidelines for the categorization of 
noxious liquid substances under this section, and shall promulgate the list of noxious s~ibstances 
carried in bulk which shall be charted according to their category and environmentally accepted 
residual concentration. 
SECTION 3 1. Discharge of Noxiow or Liquid Substances. - Except in cases provided for 
under first paragraph of Sec. 25, and subject to the following conditions provided under this sec- 
tion, no person shall discharge noxious liquid substances into territorial or on the bank of territo- 
rial water whether or not the same shall float or be washed into such water: 
12 


, 
. 
(a) Discharge of substances in Category A as defined under par (a) of the preceding sec- 
tion or of those provisionally assessed as such or ballast water, tank washings, or other residues or 
mixtures containing such substances shall be prohibited. If tanks containing such substances or 
mixtures are to be washed, the resulting residues shall be discharged to a reception facility until 
the concentration of the substance in the effluent to such facility is at or below the reasonable re- 
sidual concentration for that substance and until the tank is empty. Any water subsequently added 
to the tank may be discharged into the sea when all the folIowing conditions are satisfied: 
(1) the ship is proceeding en route at a speed of at least 7 knots in the case of self- 
propelled ships or at least 4 knots in the case of ships which are not self-propelled; 
(2) the discharge is made below the waterline, taking into account the location of the 
seawater intakes; and 
(3) the discharge is made at a distance of not less than 12 nautical miles from the near- 
est land in a depth of water of not less than 25 meters. 
(b) Discharge of substances in Category B as defined under par (b) of the preceding sec- 
tion or of those provisionally assessed as such or ballast water, tank washings, or other residues or 
mixtures containing such substances shall be prohibited except when all the following conditions 
are satisfied, in addition to those provided under par. (a) of this Section: 
(1) the procedures and arrangements for the discharge are approved by the Department. 
Such procedures and arrangements shall be based upon internationally accepted 
standards, and shall ensure that the concentration and rate of discharge of the efflu- 
ent is such that the concentration of the substance in the wake astern of the ship 
does not exceed 1 part per million; ana 
(2) the maximum quantity of cargo discharged form each tank and its associated piping 
system does not exceed the maximum quantity approved in accordance with the 
procedures referred to in subparagraph (ii) of par. (a) of this section, which shall in 
no case exceed the greater of 1 cubic meter or 1/3,000 of the tank capacity in cubic 
meters. 
(c) Discharge of substances in Category C as defined tinder par (a) of the preceding sec- 
tion or of those provisionally assessed as such or ballast water, tank washings, or other residues or 
mixtures containing such substances shall be prohibited except when all the following conditions 
are satisfied, in addition to subpars. (i), (2) and (3) of par. (a) of this section: 
(1) the procedures and arrangements for the discharge are approved by the Depai-tment. 
Such procedures and arrangements shall be based upon internationally accepted 
13 


standards, and shall ensure that the concentration and rate of discharge of the efflu- 
ent is such that the concentration of the substance in the wake astern of the ship 
does not exceed 10 parts per million; and 
(2) the maximum quantity of cargo discharged from each tank and its associated piping 
system does not exceed the maximum quantity approved in accordance with the 
procedures referred to in subparagraph (ii) of par. (a) of this section, which shall in 
no case exceed the greater of 3 cubic meters or 1/1,000 of the tank capacity in cubic 
meters. 
(d) Discharge of substances in Category D as defined under par (a) of the preceding sec- 
tion or of those provisionally assessed as such or ballast water, tank washings, or other residues or 
mixtures containing such substances shall be prohibited except when all the following conditions 
are satisfied, in addition to subpar. (i) of par. (a) of this section: 
(1) such mixtures are of a concentration not greater than one part of the substance in 
ten parts of water; and 
(2) the discharge is made at a distance of not less than 12 nautical miles from the near- 
est land. 
The Department shall, after five years following the effectivity of this law, and in every 
three years thereafter, and when it is deemed necessary to protect the marine environment and 
public health, upgrade the concentration and rate of the effluent and the maximum quantity of re- 
ferred to under subpars. (1) and (2) of pars. (b) and (c) of this section. 
SECTION 32. Cargo Record Book. - Every ship under this article shall be provided with a 
Cargo Record Book, whether as part of the ship’s official log-book or otherwise, in the form to be 
specified by the Department . Said book shall be completed, on a tank-to-tank basis, whenever 
relevant operations with respect to a noxious liquid substance take place in the ship. 
Article Four. - Carriage of Harmful Substances in Packaged Form 
SECTION 33. Discharge of Harmful Substances in Packaged Form. Except in cases pro- 
vided for under the first paragraph of Section 25, it shall be unlawful for any person, including 
those serving on board ships covered by Sec. 5, to discharge by jettisoning harmful substances 
carried in packaged forms, freight containers, portable tanks, or road and rail tank wagons into 
territorial, or on the bank of territorial water whether or not the same shall float or be washed into 
such water. 
14 


. 
SECTION 34. Carriage of Harmful Substanc( s in Packaged Form. - Except in accordance 
with this law, it shall be unlawful for any ship to carry harmfiil substances in packaged forms, or 
in freight containers, portable tanks or road and rail tank wagons. 
For the purposes of this article, “harmful substances” are those substances which are iden- 
tified as marine pollutants by the Department in consonance with the international standards. 
SECTION 3 5. Guidelines for the identijkation of harnfltil substances. The guidelines for 
the identification of harmful substances in packaged form shall consider the following criteria: 
(a) bioaccumulated to a significant extent and known to produce a hazard to aquatic life or 
to human health; 
(b) bioaccumulated with attendant risk to aquatic organisms or to human health with a 
short retention of the order of one week or less; 
(c) liable to produce tainting of seafood; and 
(d) highly toxic to aquatic life, defined by a LC50/96 hour less than I ppm. 
SECTION 36. Packing, marking, labeling, docurnentation, stowage, quantity limitations 
and exceptions. - The Department of Trade and Industry shall issue detailed requirements 011 pack- 
ing, marking, labeling, documentation, stowage, quantity limitations and exceptions for prevent- 
ing or miniinizing pollution of the marine environment by harmful substances. 
SECTION 37. Washing of Leakage Overboard. - Based on the physical, chemical and bio- 
logical properties of harmiul substances, the Department shall adopt appropriate measures to regu- 
late the washing of leakage overboard, provided, that the compliance with such measure would 
not impair the safety of the ship and persons on board. 
Article Five. - Pollution by Sewage and Garbage from Ships 
SECTION 38. Discharge ofsewage. - The discharge of sewage into territorial, or on the 
bank of territorial water, whether or not the same shall be washed into such navigable water, is 
prohibited, except in the following cases, in addition to exceptions provided for in the first para- 
graph of Sec. 25: 
(a) the sewage escaped from the ship in consequence of unintentional damage to the ship 
or its equipment, and all reasonable precautions are taken before and after the occurrence of the 
damage for the purpose of preventing or minimizing the discharge 
(b) the ship is discharging Comminuted and disinfected sewage using a system provided 
for in this article at a distance of more than four nautical miles from the nearest land, or sewage 
which is not comminuted or disinfected at a distance of more than 12 nautical miles from the 
15 


nearest land, provided, that in any case, the sewage that has been stored in holding tanks shall not 
be discharged instantaneously at a moderate rate when the ship is en route and proceeding at not 
less than 4 knots; the proper rate of discharge shall be approved on by the Department based on 
international standards; and 
(c) the ship has in operation an approved sewage treatment plant to meet the operational 
requirements of the PCG, provided, that the effluent shall not produce visible floating solids in, 
nor cause discoloration of, the surrounding water. 
When the sewage is mixed with wastes or waste water having different discharge require- 
ments, the more stringent requirements shall apply. 
SECTION 39. Marine Sewerage Sanitation Devices. All vessels certified to carry more 
than 50 persons and other vessels of 200 gross tonnage and above shall be provided with marine 
sewage sanitation devices and sewage treatment plant system in accordance with the rules and 
regulations or guidelines issued therefor. Provided, that all other vessels shall utilize and maintain 
storage tanks for sewage. 
SECTION 40. Disposal of Garbage. - Except in cases provided for under the first para- 
graph of Sec. 27 and par. (a) of Sec. 41, and subject to the provision of this section, the disposal 
into territorial, or tributary, or on the bank of territorial and tributary of any navigable water, 
whether or not the same shall float or be washed into such navigable water, of garbage is prohib- 
ited. Provided, that disposal of food wastes shall be made as far as practicable from the land, but 
in any case not less than 12 nautical miles from the nearest land. 
SECTION 4 1. Garbage Cornminuter and Grinder. - The disposal into the sea of garbage 
may be permitted when it has passed through a coinminuter or grinder, whenever possible, and 
made, as far as practicable, froin the nearest land but in any case is prohibited if the distance froin 
the nearest land is less than 3 nautical miles. Such coinminuted or ground garbage shall be capable 
of passing through a screen with openings no greater than 25 millimeters. 
CHAPTER 5. - PREVENTION OF POLLUTION FROM FIXED AND 
FLOATING DRILLING RIGS AND OTHER PLATFORMS 
SECTION 42. Applicable Requirements for Offshore Platform. - Fixed and floating drill- 
ings rigs when engaged in the exploration, exploitation and associated offshore processing of sea- 
bed mineral resources and other platforms shall comply with the requirements of this law applica- 
ble to ships of 400 gross tonnage and above other than oil tankers, except that: 
(a) they shall be equipped as far as practicable with the installations required in Secs. 14 
and 18; 
16 


L 
(b) they shall keep a record of all measures all operations involving oil or oily mixture dis- 
charges, in a form approved by the PCG; 
(c) if more than 12 nautical miles from the nearest land and subject to the provision of the 
first paragraph of Sec. 25, the discharge from such drilling rigs and platforms when stationary 
into the sea of oil or oily mixtures shall be prohibited except when the oil content of the dis- 
charges without dilution does not exceed 100 parts per million. 
SECTION 43. Offshore Platform Discharges of Garbage. - The disposal of any material 
provided for under Art. S of Chapter 4 of this law is prohibited from platforms referred by the 
immediately preceding section, and from all other ships when along or within 500 meters of such 
platforms, is prohibited. Provided, that the disposal into navigable water of food wastes may be 
permitted when they have been passed through a comminuter or grinder from such platforms fo- 
cated more than 12 nautical miles from the land and all other ships when along or within 500 me- 
ters of such platforms in accordance with the rules and regulations issued therefor. 
CHAPTER 6. - PROHIBITED ACTS 
SECTION 44. Prohibited Acts. Unless otherwise allowed by this act, it shall be uiilawflil 
for any person, including those serving on board ships covered by Sec. 5 above, to: 
(a) discharge, or permit the discharge, of oil, noxious liquid substances and other harmfiil 
substances from or out of any ship by any method, peans or manner, into the waters within the 
national territory or Exclusive Economic Zone of the Philippines, 
(c) discharge, throw or dump, or permit the discharge, throwing or dumping of garbage or 
sewage, as, from or out of any ship by any method, means or manner into the waters within the 
national territory or Exclusive Economic Zone of the Philippine, fail to maintain the installed de- 
vices and facilities, follow procedures, take action, or otherwise comply with all requirements of 
THIS ACT OR RULES AND regulations issued PURSUANT THERETO; 
(d) Willfully make false or fraudulent declarations or entries in books, reports, surveys or 
any other form, or remove such books, reports, surveys or any other form, which are required by 
the Department relating to compliance with MARPOL 73/78, this Act or its implementing rules 
and regulations. 
CHAPTER 7. - FINES AND PENALTIES 
17 


r 
SECTION 45. Penalties. (a) Any person found violating or failing to comply with Sec. 6 
shall pay a fine not exceeding ten million pesos (P10,000,000) or imprisonment from six (6) 
months to six (6) years, or both. 
(b) Where an offense under this Act is a continuing one, every person who commits that 
offence, in addition to any other liability, is liable to a fine or fifty thousand pesos (P50,OOO) for 
every day or part thereof during which the offence continues. 
+ 
(c) Any person who shall, without justifiable reason, obstruct or hamper the conduct of in- 
vestigation of a violation of Sec. 6 of this Act, shall be liable to pay a fine not exceeding one hun- 
dred thousand pesos (PI 00,000) or imprisonment not exceeding one (1) month, or both. 
(d) Any government official or employee charged with the responsibility of endorsing this 
act, who is found guilty of gross negligence of duty or connives with or permits the cominission of 
any violation of this act, shall be dismissed frorrl the service with prejudice to his reinstatement 
SECTION 46. Administrative Sanctions. (a) Any person found violating Sec. 7 of this Act 
or failing to comply with any order, decision or regulation of the Department under this Act, is- 
sued in accordance with this Act, MARPOL 73/78 or other international conventions or agree- 
ments for the control or abatement of marine pollution shall be liable to the following fines: 
(1) First violation - a fine not to exceed one hundred thousand pesos (P100,OOO); 
(2) Second violation - a fine more than one hundred thousand pesos (P100,OOO) but not 
to exceed two hundred thousand pesos (P200,OOO); 
(3) Third violation - a fine more than two hundred thousand pesos (P200,OOO) but not 
to exceed one million pesos (Pl,OOO,OOO) and suspension of vessel registration for 
six (6) months to one (1) year; 
(b) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized rep- 
resentatives of the Department or any person authorized under this Act aboard any ship or estab- 
lishment pursuant to this Act shall be liable to pay a fine not exceeding ten thousand pesos 
(P 10,000); 
(c) Any ship apprehended for violation of this Act may be subjected to detention. 
(d) The Department may order the cancellation or revocation of the license or seaman’s 
book of any ship captain or crew who has committed more than three violations under this Act. 
(e) The Department shall promulgate rules and regulations for the summary imposition of 
administrative sanctions for failure to comply with any order, decision, rules or regulations of the 
Department issued pursuant to this Act. 
18 


(f) The Department may reduce the sanctions herein provided where the person which 
violated the Act reports such violation to the Department and takes reasonable and appropriate 
measures to minimize the damage. 
SECTION 47. Recovery of Damages. Any person found to have discharged oil, noxious 
liquid substances or harmful substances from or out of any ship, whether he is traveling intention- 
ally or otherwise, shall be liable for damages caused to the marine environment, as well as for the 
cost of any measure reasonably taken by the Department or other agencies or instrumentalities of 
the Government of the Philippines or any person for the purpose of preventing or reducing any 
damage cause to Philippine waters by such discharge and for the cost of any measure reasonably 
taken by the Department or such agency or instrumentality of the Government of the Philippines 
or any person for the removal of such oil or substances discharged from ships, subject to relevant 
international conventions and other special laws on liability and compensation for pollution dam- 
age. The cost or damages to be recovered under this Section shall include the cost of rehabilitating 
the waters and shores af€ected by the discharge. 
SECTION 48. Liability. (a) The shipowner, bareboat charterer, managing owner, operator, 
master and agent of the ship, or if the shipowner is a juridical person, the manager and president 
of the shipowner, shall each be held liable for any violation of Sec. 6 ad Sec. 7 . An agent includes 
any representative of the shipowner, not being the managing owner, but vested with a specific au- 
thority by the shipowner. A master shall include every person having command of a ship, other 
than a pilot. 
(b) In any case of discharge punishable under this Act, the shipowner, bareboat charterer, 
managing owner, operator, master and agent of the ship shall be presumed liable except in cases 
of force majeure. 
SECTION 49. Automatic Adjustment of Penalties and Fines. The penalties and fines pre- 
scribed in Secs. 12 and 13 shall be automatically increased by ten per cent (10%) very three (3) 
years from the effectivity of this Act. 
CHAPTER 8. - MISCELLANEOUS PROVISIONS 
SECTION 50. Financial Liability for Environmental Rehabilitation. As a guarantee 
against possible marine environment degradation, the Department shall require shipowner, bare- 
boat charterer, operator of ships or the agent of the shipowner, bareboat charterer, operator of 
ships to put up financial guarantee mechanisms to finance the needs for emergency response, 
clean-up or rehabilitation of areas that may be damaged during the operation of ships. 
19 


Financial liability instruments may be in the form of a trust fund, environmental insurance, 
surety bonds, letters of credit, as well as self-insurance or combinations thereof. Shipowner, bare- 
boat charterer, operator of ships or the agent of the shipowner, bareboat charterer, operator of 
ships required to put up guarantee instruments shall furnish the Department with evidence of 
availment of such instruments. 
SECTION 51. Marine Management Fund. - To complement the intents of Sec 8, there is 
hereby established a Marine Management Fund to be administered by the Department as a special 
account in the national treasury to support research, enforcement and monitoring activities and 
capabilities of the Department. The fund shall be sourced from the fees, charges, fines imposed 
herein, donations, endowments, administrative fees, and grants in the form of contributions. 
SECTION 52. Malsine Environment Protection Program. The Department shall establish a 
marine environment protection program to enhance government implementation of this Act par- 
ticularly on (a) awareness building and capacity building; (b) databanking; (c) development of re- 
ception facilities; (d) marine environment protection; (e) research; (f, waste containment, removal 
and clean-up operations; and (g) rehabilitation. Appropriation for these projects shall come from 
the fines, fees and revenues collected by the Department under Secs. 12 and 13. 
SECTION 53. Implementing Rules and Regulations. The Department shall, in coordination 
with the Department of Environment and Natural Resources and other relevant government and 
non-government agencies, promulgate the implemen’ing rules and regulations for the administra- 
tion of this Act consistent with MARPOL 73/78 and other relevant instruments, including: 
(a) adoption and implementation of the Annexes to MARPOL 73/78 and amendments 
thereto; 
(b) a system of reporting incidents involving discharge of oil and other harmfill substances 
based on guidelines developed by the Organization; 
(c) prosecution of violations of this Act; 
(d) the maintenance at designated offices or libraries of copies of MARPOL 73/78, other 
related instruments having application in the Philippines, regulations and issuances issued under 
this Act, for the purpose of making them available to the general public; 
(e) updating existing regulations to changes made by the Organization relating to 
MARPOL 73/78 and other related Conventions; 
(0 designation of special areas and particularly sensitive sea areas; and 
(g) prescribing appropriate measures in order to give full effect to the provisions of this 
Act and to MARPOL 73/78. 
20 


The rules and regulations issued by other government agencies and instrumentalities for 
the prevention of marine pollution not inconsistent with this Act shall supplement the rules and 
regulations issued by the Department pursuant to this Act. 
SECTION 54. Appropriations. The amount liecessary to carry out the provisions of this 
Act shall be charged against the current year’s appropriation to the Department of Transportation 
and Communications. Thereafter, such sums as may be necessary for the operation and mainte- 
nance of this Act shall be included in the General Appropriations Act. 
SECTION 55. Transitory Provisions. Subject to Sec. 5 ,  this Act shall apply to all ships 
which ply international routes immediately upon the effectivity of this Act. 
The Department shall formulate a transitory implementation plan for the phasing-in of its 
operations under this Act including a schedule for the application and enforcement of this Act and 
of the regulations issued pursuant to this Act, on domestic ships or ships which do not ply interna- 
tional shipping routes. 
SECTION 56. Separability Clause. In the event that any provision of this Act is declared 
unconstitutional, the validity of the remainder shall not be affected thereby. 
SECTION 57. Repealing Clause. All laws, decrees, rules and regulations, and executive 
orders contrary to or inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION. 58. Effectivity Clause. This Act shall take effect upon approval and publication 
once a week for two consecutive weeks in at least two (2) national newspapers of general circula- 
tion. 
Approved. 
21