Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
15" Congress
2™* Regular Session

commrrres REPORT No_2917

Submitted bythe Committee on Ecology and the Committee on ‘Appropriations, on 15 MAR 2012

Re: House Bill No.0, &%

Recominending its Approval in substinution of House Bill Nos. 509, 1888, and 2585

Sponsors’ Representatives Dan S. Fernandez, Joseph Emilio A. Abaya, Maria Evita R
‘Arago, Irvin M. Alcala, Ben P Evardone, Juan Edgardo M. Angara.

een

Mr. Speaker:

The Committee on Ecology acd the Committee on Appropriations, to which were
referred House Bill No509 introduced by Rep. Juan Edgardo M. A, eatitled:

“AN ACT AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE
NUMBERED SIX HUNDRED, OTHERWISE KNOWN AS THE MARINE
POLLUTION DECREE OF 1974";

House Bill No. 1888 introduced by Rep. Ben P Evardone, entitled:

“AN ACT TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES”; and

House Bill No. 2585 introduced by Reps. Maria Fvita R. Arago and Irvin M. Alcala, entitled:

“AN ACT TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES”,

have considered the sume and recommends thatthe attached House Bill No. _2 4, Bnitied

“AN ACT TO PREVENT AND CONTROI. POLLUTION FROM SHIPS, PROVIDE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES”

be approved in substitution to House Bill Nos. 509, 1888 and 2585 with Reps. Maria Evita R.
Arago, Irvin M. Alcala, Bea P. Evardone, Juan Edgardo M. Angara, Dan S. Fernandez, Kaka J.


Rag-ao, Teddy B, Baguilat, Ir., Railo S. Golez, Raymond DC. Mendoza, Lani Mercado-Revilla
and Edgar S. San Luis, as authors thereof,

Respectfully submitted,

SEPH EMILIO YA
{ Chairman
{ Corinitiee on Appropliati

Committee on Ecolf:


re a as)

q

Republic of the Phitippines
HOUSE OF REPRESENTATIVES
‘Quezon City

15" Congress
2™ Regular Session

Honse Bill No. 0)

Totroduced by Representatives Maria Evita R. Arago, irvin M. Alcala, Ben P. Evardone, Juan
Edgardo M. Angara, Dan S. Fernandez, Kaka J. Bag-ao, Teddy B. Baguilat, Jr., Roilo S.
Golez, Raymond DC. Mendoza, Lani Mercado-Revilia and Edgar S. San Luis

AN ACT
TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

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

CHAPTER L- GENERAL PROVISIONS

SECTION 1, Short Title, This Act shall be known as the “Prevention of Pollution
from Ships Act of 2012.”

SEC.2. Declaration of Policy. The State shal! hereby prevent and control pollution
resulting from the operations of ships in order to protect and advance the right of the people
toa balanced and healthful ecology in accord with the rhythm and harmony of nature.

It shall likewise be the policy of the state to implement the Convention as it is herein
defined, including its amendiments and protocols that have been ratified by the Philippines.

SEC.3. Definition of Terms. As used in this Act

(A) Atmospheric discharges or emissions from ships cefer to any deliberate discharge
oF emission of ozone depleting substances, nitrogen oxides, sulfur oxides and volatile organic
compounds when such discharges do not meet the requirements of the Convention;

(B) Chemical tanker sefers to 2 ship coastructed or adapted for the carriage in bulk of
any liquid product listed in the intemational Bulk Chemical Code or any noxious fiquid
substance,

(C) Coastul State refers to the relationship of the Philippines to a foreign-flagged
vessel traversing Philippine waters and its corollary right ta exercise jurisdiction and

regulatory control over auch vessel,


(Dy Convention veliers iv

: 1, The Imernational Convemtion for the Prevention of Pollution from Ships
3 1973 as amended by the Protoco! of 1978 or MARPOI. 73/78,

4 2. Protocol I and Il of MARPOL 73/78,

5 3, Annexes 1, D, ti, IV. V, and VL, their relevant appendices, any technical
6 code referred to, as well as any amendinem to any of these documents which may
? enter into force in accordance with the procedure referred to in Article 16 of
8 MARPOL 73/78,

4 4° Any subsequent protocol of and amendment to the Convention which the
ty Philippine Government may ratife necessary to advance the purpases of this Act,

u 5 Any mandatory Code referred to in the Convention or any subsequent
” protocol to the Convention which the Philippine Government may ratify or any
iB amendment which may enter imo force in accordance with Article 16 of (he
14 Convention.

1s (E) Depurtnuent refers to the Departmem of Transportation and Communications:

16 (F) Discharge refers ta any retease, however caused, of harmful substances from a

17 ship. including any escape, disposal, spilling, leaking, pumping, emitting or emptying of such
18 — substances, except.

6 1, Release of harmful substances directly arising from the exploration,
20 exploitation and associated off-shore processing of sea-bed mineral resources, or

2a Release of harmful substances for purposes of legitimate scientific research
2 into pollution abatement or control,

3 (G) Dirty ballast refers to water carvied in the catygo tank

u (H) lag State refers to the relationship of the Philippines to vessels registered under

28 its yy and the corollary right to execcise jurisdiction and regulatory control over these
26 vessels:
4 () Foreign-Flagged Ship refers to any ship registered in another State or authorized

28 to fly its flag. whether or not il is a state party to MARPOL 73/78, when found in any of the

24 ports. terminal facihties, or waters within the jur

diction o sovereignty of the Philippines,
0 (3) Garbage refers to ali kinds of victual, domestic and operational waste, excluding

Si fresh fish and parts thereof, generared durme the normal operation of the ship and liable to be

disposed of continuously or periodically


(K) Harmful substance in packuge form refers 10 those substances which are
identified as marine pollutants in the Tnternational Maritime Dangerous Goods (IMDG) Code
and are held in forms of containment specified for harmful substances in the IMDG Code
not otherwise identified in the IMDG Code, harmful substances in package form shall include
substances identified in accordance with the following criteria as provided in the Convention:

1. Those which are bio-accumulated to a significant extent and known to
produce a hazard to aquatic fife or to human health, or

2. Those which are bio-accumulated with attendant risk to aquatic organisms
orto buman health with a short retention of the order of one week of less, oF

3. Those which are bighfy toxic to aquatic life.

(L) Marine Incident refers to an event involving the actual of probable discharge into
the sea, or emission into the atmosphere, of a harmful substance or effluents containing such
2 substance,

(M) Marine Casualty refers to any accident or incident of navigation which results in
producing a harmful, deleterious or damaging effect upon the marine environment,

(N)Maser refers to every person, except @ pilot, having command or charge of any
ship, including a boat captain,

(O)Noxious Liquid Substance refers to any substance identified as such under the
relevant chapter of the International Bulk Chemical Code or provisionally assessed as such
by Annex 2 of the Convention;

(P) Oi/ refers to petroleum in any form including crude oil, fuel oil, sludge, oil refuse
and refined products, other than petrochemicals which are classified as noxious tiquid
substances in accordance with Annex II of the Convention, and including substances listed as
asphalt solutions, gasoline blending stocks, oils, gasolines, jet fuels, distillates, gas oil, and
naphtha in accordance with Appendix T of Annex I of the Convention;

(Q) Oily Mixture refers to a mixture with any oil content;

(R) Oil tanker refers to a ship constructed or adapted primarily to carry oil in bulk in
its cargo spaces and includes combination carriers or any other tanker when in fact carrying
cargo or part of cargo of oil in bulk;

(S) Other harmful substance refers to any substance other than oil, noxious fiquid
substances, harmful substances in packaye form, garbage, sewage, which, if introduced into
the sea, is Hable 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, but is


not iimited 10 atmospheric discharges and other substances identified as marine pollutants
which may be subject to control pursuant to the provisions of this Act and other relevant
environmental Jaws of the Philippines,

(1) 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, and, 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, “ownes” shall include such
State;

(G) Philippine Ship refers to any sbip registered under the laws of the Philippines
and emitled to fly its flag wherever the ship may be found,

(\) Philippine Waters refer to the intemal waters, archipelagic waters, territorial seas.
waters within the contiguous and exclusive economic zones;

(W) Plastics include, but shall not be limited to, synthetic ropes, syathetic fishing
nets, plastic garbage bags, incinerator ashes from plastic praducts which may contain toxic or
heavy metal residues;

(X)Port State refers to the relationship of the Philippines to 2 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 such vesse!:

(Y)Secretary means the Secretary of the Department of Transportation and
Comnaunications,

(2) Sewage refers to

1. Drainage and other wastes from any form of toilets and urinals;

2. Drainage from medical premises (dispensary, sick bay, etc) via wash
basins, wash tubs and scuppers located in such premises;

3. Drainage from spaces containing living animals: or

4. Other waste waters when mixed with the drainages defined above.

(AA) Ship refers to 9 vessel of any type operating in the marine enviconment and
includes pleasure crafts, fishing vessels, hydrofoil boats, air-cushion vehicles, submersibles,

floating craft, drilling rigs, and fixed or floating platforms.

(BB) Undue delay refers to a delay that is unreasonable and unnecessary in light of

the particular conditions of the the ship’s cargo, destination aud schedule, and in light of
the purpose and scope of the investigation, inspection or other cause for detaining the ship.



B

6
7
g

CHAPTER 2.

SEC. 4. Seope and Application af the Act. Unless otherwise specified herein, this Act
shail apply to

(a) All Philippine ships, wherever they may be found:

(b) All foreign-flagged ships in Phifippine waters whether or not they are registered
with state parties to the conveation; and

(c) All other ships operating within the Philippine waters.
Provided. That the provisions of the Coavention setting forth technical requirements that
ships must meet which are inapplicable or impractical in Philippine local setting may be
suspended or equivalents prescribed therefor upon determination by the Department, subject
to peblic consultation Provided further, That nothing herein shall prevent enactment of any
law providing tor standards, requirernems or regulations higher than those provided for by the
Convention

SEC. 5. Exemptions. This Act shail not apply to warships and naval auxiliary ships:
Provided, That, all gaveriment ships shait be exempted from the coverage of this Act during
emergency response cases: Provided, however, That the Deparment, through the Maritime
Industry Authority, Philippine Coast Guard, Philippine Ports Authority and other concerned
agencies, shall ensure that appropriate measures shall be adopted, not impairing the
operational capabilities of such ships, thet such ship operates in a manner consistent, so far as
iy reasonable and practicable, with this Act

‘CHAPTER 3. - EXERCISE OF JURISDICTION OVER SHIPS

SEC.6. Powers and Functions of the Department, The Department shall be the
principal government agency responsible for the over-all implementation and enforcement of
this Act and any requirement of the Convention. For this purpose, the Department, through
the Secretary, shall have the following general powers and functions

a) Oves

agencies:

¢ the implementation of this Act and coordinate the efforts of concerned

{b) Formulate x comprehensive program to prevent or minimize marine poilution
from ships in coordination with the Department of Environment and Natural Resources
(DENR), the Department of Agricalture (DA), Department of Interior and Local Government
(DN.G), Department of Energy (DOF, port authorities and other relevant agencies and
stakeholders,

(c) Constitute the Marine Pollution Adjudication Board;

«


20

id) Reorganize or streambne ihe fis

cHions of ils different line, staff and attached
authorities. agencies or burcaus for purposes of the effective and efficient implementation of

the provisions of this Act; and,

(e) Exercise such powers and perform such other functions as may be necessary 10
carry out its duties and responsibilities under this Act

SEC.
Indusiry Authority (MARINA) shall hav
to ensure that environmental and pollution regulations and standards for the construction and

. Powers und Functions of Maritime Industry Authority. - The Maritime

the sole and exclusive authority and responsibility

equipmear of Philippine vessels, before they are allowed to fly the Philippine flag, and/or as
past of their vegistration, are complied with. Kor 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, apptiance or apparatus deemed appropriate and effective for the preveution of any
discharge or emission of harmful substances in consonance with the requirements of the
Conveation,

{b) Survey ail Philippine ships tor purposes of the provisions of the immediately
preceding paragraph, which function may be delegated to MARINA-recognized
organizations 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,
arrangements and materials shalt be mad» without the approval of MARINA;

to) Issue the required statutory certificates te 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
atid in accordance with the requirements of the Convention:

fe} Conduct survey and issue certificates or endorsements to foreign ships registered
with another state party, if so requested by a State which is @ party to the Convention

if) Require ships to keep and maintain relevant record books in accordance with the
Conversion,

(g) Suspend, withdraw or revoke, any certificate it may have issued to any Philippine
ship found not compliant with this Act end with rules and regulations promulgated therefor,

(h) Hear and adjudicate any violation of rales and regulations of the MARINA issued

pursuart to this Act.


! 12) Impose such fines and penalties on Philippine ships which shalt tail co comply
> with the requirements of this Act and its implementing rules and regulations,

3 G) Accredit, appoint and authorize secognized organizations to act on its behalf and
4 for this purpose, execute the requisite memorandum of agreement defining the extent of
5 powers chat may be exercised by such recognized organizations, including, but not inmited to,

6 the following,

7 1. Perform and conduct statutory surveys on Philippine ships;
8 2. Require repairs on a Philippine ships pursuant to findings resulting from port
’ state inspection;
10 3. Carry out surveys requested by port state authorities; and
"1 4. Withdraw any statutory certificates if corrective action is not taken by the
12 Philippine ships.
13 tk} Provide the International Maritime Organization with a list of recognized

i4 organizations authorized to act on behalf of the Philippines together with the extent of their
iS powers, the specific responsibilities they are empowered to perform, and the conditions of the
16 — authority delegated to them;

v (1) Impose, fix, collect and receive, in accordance with the duly approved schedules.
18 cuch fees necessary for the survey and certification of ships pursuant to this Act. Such fees
i$ shall be imposed and collected in order to recover the cost for rendering the service and shall
20 not be used in order to impose a penalty Provided. That excessive fees, multiple fees and
2) dupiicative fees shall at all times be avoided

(m)Issue such sules and :¢uiations necessary to implement the provisions of this Act:

Provided. That such rutes and regulations shall be in consonance with the Convention and
24 shail not change’ or in any way amend or be contrary to the intent and purposes of this Act.

28 (a) Provide its officers and personnel with adequate training and contiquing education
26 to ensure an efficient and professional pollution regulatory machinery;

7 {o) Impose and coilect fees acd chasges in connections with the performance of its
28 functions under this Act; al fees and charges shall accrue to the Marine Environmental
20 Management Fund established under Section 42 of this Act, such fees shail be imposed and

collected in order to recover the cost for rendering the service and shall not be used in order

w impose a penalty: Provided, That excessive foes, nuultiple fees and duplicative fees shall at

3

all times be avoided: and


(p} Exercise such powers and perform such other functions as may be necessary 10
carry out its duties and responsibilities under this Act

SECS. Powers and Functions of the Philippine Coust Guard. - Unless otherwise
provided under Section 9 of this Act, the Philippine Coast Guard (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 waters, including ports,
terminal facilities or harbors. It shall include the authority 1o 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 Section
12 of 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
reques’ the submission of evidence which the coreplainant may have regarding the alleged
violation;

(e) Request the assistance of any other state whose cooperation may be usefull 10 the
investigation against a ship;

(4) Detain a sbip pursuant to Section 16,

(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) Initiate proceedings against any person for violation of this Act_ when sufficient
evidence exists with respect to the alleged violation;

(@)_ inform the complainant and the International Maritime Organization (IMO) of the
results of the investigation and any action taken against the ship operator of the Philippine
ship in respect of any alleged violation;

(i) Deny entry of 2 foreign-flagged ship 1o any Philippine port or terminal facility if it

faiis to comply with the requirements of the Convention,

8


2

(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.
(1) inspect, verify and investigate a ship if iz has discharged any harmful substance

into the marine environment if

1. Ithas reasonable grounds to believe tinat a discharge has occurred in Philippine

waters;
2. Itreceives a report from another coastal state; or,

3. Tt receives a request trom the flag state.

(m) Forward the report of any viclation committed by the ship with respect to any
discharge of harmful substances into the marine environment to the ship's flap state
administration together with any evidence it may have.

(n) Immediately inform any affected coastal state of the discharge,

(o) Inform the flag state administration of the foreign ship of the alleged violation and
furnish it with such information and evidence te show that a violation bas occurred,

(p) Ensure thal the ship is not unduly delayed or detained;

(q) Order into pont 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:

(# Establish procedures for ceporing incidents involving any actual or probable
discharge or emission which may be in viglation of this Act and of the requiremem of the
Convention consistent with the reporting requirements under this Act;

{s) Require all ships and aircrafts registeved under the Philippine flag, to immediately
report any marine casualty which they witnessed while navigating,

(1) Upon inguiry or investigation, cause or recommend regulatory or other
appropriate actions to he taken in connection with any violation of the provisions of this Act;

(W) Cooperate with the government of other States which are members of
international organizations on the prevention of pothition from ships concerning the detection
of violations and enforcement of this Acc using ail appropriate and practicable measures of
detection and environmental monitoring, adequate procedures for reporting and accumulation
of evidence

(¥) Provide ils officers and personnel with adequate training and continuing education

to ensure an efficieat and professional pollution regulatory machinery,


' ew) Adopt a continuing information campaign on marine resources proce

2 at developing public awareness of the health hazards and other adverse effects of ship

4 éx) Administer the Marine Environmental Management Pund;

ssue such rules and regulations necessary to implement the provisions of this Act

6 Provided. That such mies and regulations shall be in consonance with the Convention and
shall not chanwe ox ja any way amend or be contrary to the intent and purposes of this Act,
8 and

8 (z} Exercise suck powers and perfoim such other functions as may be necessary to
10 carry out its duties and responsibilities under this Act.

Ir SEC.9. Rote of the Department uf Environment and Natural Resources (DENR).
12 For purposes of this Act, the DENR shall have the following powers and functions:

(a) Proside technical assistance on pollution prevention to the concerned government
14 agencies in the implementation of this Act.

6 (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 Philippine Ports Authority (PPA) and other port authorities; and
(c) Set emission standards for ships in accordance with the requirements of the

For floating craft, drilling rigs, and fixed or floating platforms, and vessels which

arity operate or undertake business, commercial or industrial activities while anchored,

24 jhe DENR, in coordination with PCG. shall likewise monitor hazardous and

25 radicactive wastes being transported by ships in the country, and prevent the disposal thereof
26 andor the entry of ships carrying tie same

CHAPTER 4. - PREVENTION OF POLLUTION FROM SHIPS

* SEC.10. Prohibition of Discharge or Emission of Harmful Substances. — It shall be

2 unlawful for any person ro discharge or emit the foliowing substances trom any Philippine
30 ship. or from any other ship while it is within Philippine waters

ay {a} Oil whether carried as carge or as bunker

32 {h) Oily mixture whether generated from cargo operations or from machinery spaces:

foh Noxious liquid substances carried in bulk,


16

(3) Harmful substances in packaged form

(e) Sewage

{0 Garbage and

(2) Other harmful substances, whether generated during the operation of the ship or
not

The provisions of this section shalt not apply in the following cases:

(a) The discharge oF emission is necessary lor the purpose of securing the safety at a
ship and those an board or saving life at sea, or

tb) The discharge results from unintentional damage to the ship or its equipment, and
all reasonable precautions have been taken after the occurrence of the damage or the
discovery of the discharge for Lhe purpose of preventing or minimizing die dischaige, unless
the siaster, owner, oF agent of the ship acted either with intent to cause damage, or recklessly
and with knowledge that damaye would probably result; or

tc) The discharge is for the purpose of combating specific pollution incidents in order
to minnmive the damage from pollution.

For this purpose, the Department shal! promulgate rules and regulatians for the
purpose of giving effect to the immediately preceding paragraph as regards its «pplication in

eral or with respect (o particular classes of ships, or in relation to particular descriptions of

jrermful substances, or to the disposal or discharge thereof in prescribed circumstances, or in
relation io particular arcas of the sea in consonance with the requirements of the Convention

SECH, Jimnediate Report uf Discharges of Harusfiul Substances. - \P any actual ot
probable discharge of any harmfil substance occurs from any Philippine ship into any pant of
the sea or atmosphere, the master shail immediately report the incident to the nearest affected
coastal State and to the Department.

If any actual or probable discharge of any harmful substance occurs from any
Philippine ship or foreign-flagged ship while it is operating in Philippine waters, the master
of the ship shall immediately report the occustence to the PCG. The PCG shail immediately
inform any affected coastal State. Hf a forcign-flagged ship is involved, the PCG shall
immediately inform the flag State of the ship.

if the masier of the ship fails to report the occusrence, or the discharge occurs in
circumstances where the ship has becn abandoned, the owner, charterer, manager and
operator of the ship or an agent of the owner, charterer, manager and operator of the ship
te the Department.

shail without delay, repont the occur


ue

SEC.12. Record Books, . Philippine ships and af] ships within Philippine waters shalt
maintain on board record books in the English language, whether as part of their official fog-
bosk oF not, Kor this purpose:

(a) Fvery ofl tanker which is 150 gross topnage or more and every ship, other than an
oil ianker which is 400 grass tonnage or more shall be provided with, and shall be required to
maimain an Oil Report Book Part 1 for Machinery Space Operations in accordance with the
lequitements of the Convention;

(b) Every oil tanker which is 150 gross tonnage or more shall be provided with, and
shali be required to maintain, an Oi Record Book Part H for Cargo/Ballast Operations in
accordance with the requirements of the Convention; and

(c) Every chemical {anker shall be provided with, and shall be required to maintain, a
Cargo Record Book in accordance with the requirements of the Convention,

(dj Every ship 400 gross tonnage or more and every ship which is certified to carry 15
persons or more shall be provided with, and shall be required to maintain, a Garbaye Record
Book in accordance with the requirements of the Convention

SEC.13. Reception Facilities. - Port authorities shall ensure that public and private
ports and termina! ports in the Philippines shall be appropriately and adequately pravided
with facitities to mect the necds of ships without causing such ships undue delay in the
reception of its oily residues, oily mixtures, dirty ballast, tank washing water, noxious liquid
substances. sewage, garbage, ozone depleting substances, and equipment containing such
subsiances and for cleaning of exhaust gases in consonance with this Act and the
requirements of the Convention.

For this purpuse, port authorities shall (a) determine and establish the most effective
and efficient means for meeting the internationally-accepted requirements with respect to
reception facililies in public and private ports; (b) formulate and implement integrated waste
management system for the use and operation of reception and troatment facilities, and (c)
coordinate with DENR and concerned J.GUs on the proper handling and disposal of wastes
collected at ports.

Port authorities may accredit of enter inlo agreements with private entities in retation

tothe establishment and operation of reception and treatinent facilities,

SEC.14, Use uf Reception Facilities. — AN ships entering or availing the services of

ports. terminal and repair ports shall use reception facilities established pursuant to the

12


immediately preceding Section, subject to the imegraed waste management system to be

established by port authorities
SEC.1S, Denial of Entry.

or would violate the requirements of this Act or rules and regulations promulgated therefor,

A foreign-ayged ship believed to have probably violated

may be denied entry to any port in Lhe Philippines

SEC.16. Detention of Ships. — Ships shall be detained in any of the folowing cases

(a) the fine or fines imposed on ship, owner or operator of the ship pursuant tc
Chapter 5 of this Act, except those imposed for violations of administrative regulations under
Sections 27, 28 and 29, 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's certificates;

{d) there are reasonable or probable grounds to believe that:

1. the ship incurred a pollution cost liability under Section 33;

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
threal to the marine environment,

A ship detained under paragraph (d) of this section may be released after the owner of
the ship posts with the Marine Pollution Adjudication Board an adequate cash bond,
insurance guaranty, or protection indemnity guaranty. or a combination thereof, as approved
by the Board, to satisfy the liability of the owner, master or agent of the ship under this Act,

CHAPTER 5. ~ FINES. PENALTIES AND LIABILITIES

SEC.17. Lmposition of Fines, Penalties and Liabilities, — Except for fines and
penalties tor violations of administrative regulations under Sections 27, 28 and 29, ail fines
and penalties imposed for violations of the provisions of this Chapter shall be imposed by the
Marine Poliution Adjudication Board established pursuant 10 Section 35 of this Act

For this purpose, an appropriate fine rating system shall be established by the said
Board, taking into consideration degree of willfulness, negligence or recalcitrance of the
master, owner or operator of the ship, their history of non-compliance and the gravity of the

damage caused by the ship to the environment


ok ow

eS

Bow a

SEC.18. Discharge or Emission of Harmful Substances. — A skip which is found to
have discharged or emitted harmful substances under Section 10 of this Act shalt be liable to
the following fines

{a) In the case of a Philippine Ship, unless the discharge or emission is committed and
appropriately fined in other States” jurisdiction:

4. For oil or oily mixture under paragraphs (a) and (b) of Section 10 of this Act - not
less than Twenty Thousand Pesos (Php 20,006.60) but not more than Ten Million Pesos (Php
10,000,000.06):

2 For voxigus liquid substauces or harmful substances in packaged form under
paragraphs (c) and (d) of Section 10 hercin . not fess than Ten Thousand Pesos (Php
10,000.09) but not more than Ten Million Pesos (Php 10,000,000.00);

3. For sewage or garbage under paragraphs (e) and (f) of Section 10 herein - not less
than Five Thousand Pesos (Pup 5,000.00) but not more than Two Million Pesos (Php
2.008,000.00); and

4 For other harmful substances as defined in this Act - not less than Three Thousand
Pesos (Php 3,000.00) but not more than Ten Million Pesos (Php 10,000,000.00).

{>) In the case of a foreign-flagged Ship:

1. For oil or oity mixture under paragraphs (a) and (b) of Section 10 of this Act - not
Jess than Five Thousand US Dollars (US$ 5,000.00) but not more than Five Million US
Dollars (US$ 5,000,000.00), or its equivalent in Philippine pesos ;

2. For noxious liquid substances or harmfisl substances in packaged form under
paragraphs (c) and (4) of Section 10 herein ~ not less than Three Thousand US Dollars (USS
3,000.00) but not more than Three Million US Dollars (US$3,000,000.00) or its equivalent
in Philippine pesos ; and

3. For sewage or garbage under paragraphs {e) and (f) of Section 10 herein - not than
One Thousand US Doliars (US$ 1,000.00) but not more than One Million US Dollars (USS

1,000,000 00) or its equivalent in Philippine pesos

4. For other harmful substances as defined in this Act - not than Three Thousand LS
Doilars (USS 3,000.00) but not more than Five Million US Dollars (US$ 5,000,000.00), or its
equivalent in Philippine pesos.

Any person directly o: aegligentiy responsible for the discharge or emission into
Philippine waters or atmosphere shaif be liable to a fine of not less than Five Thousand US
Doilacs (US$ 5,600.00) but not more than Five Million Pesos (Php 5,000,000.00) and,

i4


32

whenever appropriate, to the costs of any measure reasonably taken in removing or
eliminating the discharged or emitted substances.

SEC.19. Failure to Maintain Record Books. — (a) A ship which operates or is
allowed to operate without record books required under Section 12 of this Act or fails to
maintain on board said tecord books, shall be Hable to a fine of Two Hundred Thousand
Pesos (Php200,000.00).

() Any person who fails to comply the with the provisions of Section 12 of this Act
or the rules and regulations promulgated therefor shalt be liable to a fine not Jess than Five
Thousand Pesos (Php 5,000.00) but nat more than ‘Iwo Hundred Thousand Pesos
{Php200,000,00).

(c) Any person who makes any false or misleading entry in said record books carried
or kept under Section 12 shall be liable to a fine not less than Ten Thousand Pesos (Php
10,000.00) but not more than Five Hundred Thousand Pesos (Php500,000, 00),

SEC.20. Refusal to Use Reception Facilities. — A ship which unjustifiably refuses to
use reception facilities shafl be Hable for a fine not less than Ten Thousand Pesos (Php
10,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00): Provided,
‘That disposal of oit in reception facilities shall be required upon determination by the PCG.

SEC.21. Absence of and Non-compliance with Shipboard Garbage Management. If
a ship operates without a shipboard garbage management plan as required under the
Convention or fails to operate in accordance with such plan, it shall be liable for a fine of not
tess than Ten Thousand Pesos (Php 10,000 00) but not more than Two Hundred Thousand
Pesos (Plp200,000.00)

SEC.22. Unusthoriced Change in the Ship's Structure, Equipment, Fittings,
Arrangements and Materials, Untess authorized under this law or the Convention, any ship
owner who made, or caused the making of changes in the strocture, equipment, fittings,
arrangements and materials of the ship without the approval of MARINA shall be punished
by a fine of not Jess than Ten Thousand Pesos (Php 30,000.00) but not more than One
Hundred Thousand Pesos (Php 100,000.00).

SEC.23. Operating Without the Required Certification. - A ship which is operated or
is allowed to operate without the certification required pursuant to this Act or the Convention
shall be detained and shall be liable to a fine not Jess han Ten Thousand Pesos (Php
10,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00).


ha

SEC.24, Violation of Detention Order. — A ship which proceeds to see in violation of
a detention osder made pursuant to Section 16 hereof, shall be liable to the following fines

{ay Philippine ship. - oot less than Ten Thousand Pesos (Phip 10,000.00) but not more
than One Million Pesos (Php 1,000,000.00)

tb) Foreign-flagyed ship - not less than Five Thousand US Dollars (USS 5,000.00) but
sot more than Five Million US Dollars (US$5,000,000.00), or its equivalent in Philippine
pesos.

SEC25. Continuing Violation, Where a ship continuously discharges or emits
harmful substances in violation of Section 10 of this Act, it shall be held liable for the fines
stipulated under Section 18 and shall be furthermore liable to an additional fine of not less
shan Ten Thousand Pesos (Php 10,000.00) but not more than Two Hundred Thousand Pesos
(Php 269,000.90) for every day or part thereof during which the offense continues

SEC.26. Obstruction of Investigation, Any person who shall, without justifiable
reason, ubstruct or hamper the conduct of an investigation of a violation of this Act, shall be
liable to pay a fine not less than Ten Thousand Pesos (Php 10,000.00) but-not more than One
Hundred Thousand Pesos (P100,000.00).

SEC27. Neyfect of Duty. Any government official or employee charged with the
i2yponsibility of enforcing any provision of this Act, who is found guilty of gross negligence
of du:y. shail be dismissed from the service with prejudice to reinstatement, Neglect of duty
shall be prosecuted in accordance with existing laws.

SEC.28. Connivunce in Violution of this Act. Any government official or emplovee
£ enforcing and/or implementing any provision of this Act

charged with the responsibility
who connives with the ship owner, master or operator of a ship or any person to violas, or
permits the commission of, any violation of this Act shall be dismissed from the service and
shali be jointly and severally fiabte with any such person found to ie liable for the fine
imposed pursuant to this Act.

SEC.29. Violations of Administrative Regulations. (a) Any person who commits or
omits aczs in violation of nules and regulations issued by concerned agencies pursuant to this
Act, uniess the violations are otherwise covered under Sections 19 to 28 hereof, shall be
liable to the following fines:

{a} First violation ~ a fine aot fess than One Thousand Pesos (Php 1,000.00} dul not
more “han One Hundred Thousand Pesos (Php 100,000.00);


2

(b) Second violation - 2 tine more aa One Hundred Thousand Pesos (P 100,000) bur
not more than Two Hundred Thousartd Pesos (2200.00.00),

(c) Third violation - g fine mure than Tso Hundred Thousand Pesus (P200.900) but
not more than One Million Peso: (P1,060.900.00) and suspension of vessel safety certificate
For six (6) months to one (1) year

The concerned agency shaii promulgaie rules and regulations for the summary
imposition of administrative sanctions, subject w due process, for failure to comply with any
order. decision, rules or regulations of the Department issued pursuant to this Act. All
administrative fines imposed by concerned ayency pursuant to this Act shall accrue to the
Marine Environmental Management Fund

SEC.30. Intentional Violation. in case the discharge or emission of harmfut
substances or toxic pollutants identified pursuant to Republic Act No. 6969 otherwise known
as the “Toxie Substances and Hazardous and Nuciear Wastes Control Act of 1990. ”, in toxic
amounts oF in violation of Section 10 of this Act is deliberate and wilitul, the offender,
without prejudice 10 the civil liability of the offender, shalt be liable to the following fines or
imprisonment of not less than six (6) years but not more than twelve (12) years, or both, at
the discretion of the court:

(a) Philippine Ship - not less than Fifty Thousand Pesos (Php 50,000.00) but not than
Twenty Million Pesos (Php20,000,006.01, and

{b) Forcign-flagyed Ship - not fess than Fitly Thousand US Dollars (US$10,000.00}
bur not more than Eight Million US Dollars (OSS. 8,000,000.00), oF its equivalent in
Philippine Pesos

SEC.31. Automatic Adjustment of Penalties and Fines. The fines prescribed in this
Aci shall be automaticaliy increased by ten per cemt (10%) every three (3) years from the
effectivity of this Act

SEC.32, Clean-Up Operations. 1s. the event harmful substances under Section 10 of

this Act are discharged or emitted from ary ship imo the Philippine waters or into any part at

the sea or waters outside Philippine waters but such substances subsequently flowed or
Grifted into Philippine waters, or into the Poilippine atmosphere, the PCG, in coordination
with other agenci

s concerned, shall be responsible for the clean up and containment of
discharged substances, and the prevention or mitigation of the resulting damage to the

environment, human health, toutist and fishing industries. public and private properties


Provided. That necessary initial clean up and containment shall be made by the owner of the
ship which discharged or caused the discharge of such harmful substances,

SEC.33. Cost Liability for the Discharge or Emission of Harmful Substances. - The
owner of the ship fiable for the discharge of harmful substances under Section 32 hereof shall
be primarily responsible (o pay for the following pollution costs.

(a) reasonable expenses that PCG and other agencies concetned may reasonably
undertake or has undertaken pursuant to the immediately preceding Section,

(b) environmental damages and/or other reasonable measures taken for environmental
rehabilitation.

In case the responsibility for the above poilution cost fiability falls on to two (2) or
more ships, aad the liability of each of the owners thereof cannot be reasonably distinguished
from that of the other, cach of the owners shall be jointly and severally tiable 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 shal! be made to the Fund or to such other funds
where disbursements were sourced

SEC.34. Informer's Reward to Persons Justrumental in the Discovery of Violations
of this Act. - Any person with the exception of the Department, DENR, LGU, MARINA,
PCG or port authority officials or employees or their relatives within the sixth degree of
consanguinity. who voluntarily gives definite and sworn information, not yet in the
possession of the MARINA or PCG leading to the discovery of the violation of the Act.
thereby resulting in the imposition of fines and/or fees or conviction of the guilty party and/or
the imposition of any of the fine or penalty, shall he rewarded in sum equivalent to ten
percent (10%) of the fines imposed and/or fees recovered

CHAPTER 6.— MARINE POLLUTION ADJUDICATION BOARD

SEC.3S. Marine Pollution Adjudication Board, - There is hereby constituted a
Marine Pollution Adjudication Board (MPAB) under the Office of the Secretary vested with
quasi-judicial powers which Board shall have sole and exclusive jurisdiction over all marine
pollution cases as provided for in Section 17 of this Act, The Board shall be composed of the
following members

18


(a) The Secretary of the Department, or his duly authorized permanent
representative, as Chairman,

(b) The Secretary ofthe DENR. or his duly authorized permanent representative,

(©) The Administrator of MARINA, or his duly authorized permanent representative,

(d) The Commandant of the PCG, or his duly authorized permanent represemative,

(©) The General Manager of the Philippine Ports Authority, or his duly: authorized
permanent representative;

(f) A permanent representative endorsed by Association of Masters and Mates,

(g) A permanent representative endorsed by the Marine Engineers Association; and,

(h} A member of the Philippine Bar duly endorsed by the Integrated Bar of the
Philippines (1BP}

The grant of honoraria to members of the MPAB shall be subject to existing laws,
accounting and auditing rules and regulations.

SEC.36. Powers and Functions. The MPAB shall have the following powers and
functions:

(a) To hear and decide cases falling under their jurisdiction pursuant to Section 17 of
this Act,

(&) To conduct hearings on all matters within its jurisdiction, proceed to hear and
determine the disputes in the absence of any party thereto who has been summoned or served
with netice to appear, conduct its proceedings or any part thereof in public or in private,
adjourn its hearings at any time and place, 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 exchided from the proceedings, correct, amend or waive any
error, defect or irregularity, whether in substance or in form, give ali such directions as it may
deem necessary or expedient in the determination of the dispute before it and dismiss the
dispute as part thereof, where it is trivial or where further proceedings by the Commission are
not necessary or desirable;

{c) To promulgate and adopt its own rules on pleading, practice and in the
adjudication of poflution cases coming from ship. It shall not be bound by technical rules of
procedure and evidence but shall proceed to hear and decide all cases, disputes or
controversies in a most expeditious manner, employing ali reasonable means to ascertain the
facts of every case in accordance with justice and equity and the merits of the case;


7

(9) To summon wiiesses, administer outs, take testimony, require submission of
reports, compel the production of books und documents and auswers to interrogatories and
issue swhpoctn ad testificandam. and wbporna dices tecun and io enforce its writs through
sheriffs o other duly deputized officers:

fe) Te punish direct and indnect contanpt in the same manner and subject te: the

same penalties as provided in the Rules of Count,

G) To enjoin any or all acts msehing or unsing from any case pending before it
which. if not restrained forthwith, may cause grave or icreparable damage to any of the
ability,

{g) To issue orders and decisions to compel compliance with the provisions of this

affect socral or eermenmti

ge or serion

parties tes the

Act and the Convention aad issuances or decisivns of the MPAB,
(hy To deputize in writing of request assistance of appropriate government agencies or

instramentalities for He purpose of enforcing its decisions; and

(i) To issue an ex parte order directing the discontinuance of discharge of substances
that cause marine potlution, or the temporary suspension or cessation of operation of the

equipment, project or acti

ity and other acts causing environmental degradation, generating

ofa

such pollisants or wastes, without the necessit

reviaus public hearing: Provided, That
such ex parte order shall be issued only in case of immediate (iweat (o life or property, public
health safety or wellate or to animal or plant hfe, of exceeds the allowable environmental
standards. Fhe ex parte order shall be immediately executory and shall remain in force and

effect until the same is modified ov litied by the MPAB.

SEC.37. Finatity of Determination. - Any case or controversy belore the MPAB
shall be decided by majority af all its members within thirty (30) days after it is submitted for
resolution, Only one motion for reconsideration shall be allowed. Unless an appeal is
perfected and a cash bond equivalent to the line imposed is deposited, any order, decision, or
ruling issued by MPAL shail be final and executow.

SEC, 38. #

tppeals. ~ Avy decision, order or judgment of MPAB may be appealed to

the Court of Appeals by certiorari within fifteen (15) days from receipt of a copy thereu:

Provided, That cease and desist urders shall be immediately executory.

x


CHAPTER 7, - MISCELLANEOUS PROVISIONS

SEC.39. Ship Pollution Prevention Program. The Department, in coordination with
concemed agencies and stakeholders, shall establish a Prevention of Ship Pollution Program
to enhance government imptementation of this Act particularly on (a) awareness building and
capacity building; (b) databanking, {c) development of reception facilities; (d) marine
environment protection; and (¢) research.

SECAO, 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 mules and regulations shall
be subjected to public consultations with affected sectors, The Department shall ensure that
nctions of the implementing agencies and rufes 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 shail supplement the rules and regulations issued by the
‘Department pursuant to this Act.

SECAL Joint Congressional Oversight Committee (ILOC). - The Joint
Congressional Oversight Conumittee 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 Department

The Joint Congressional Oversight Committee shall exist for a period not exceeding
sf this Act and thereafter, its oversight functions shall be

five (5) years from the effectiv
exercised by the Senate Committee on Environment and the Commitiee.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 SCOC

SECA2. Marine Environmental Management Fund (MEMF). - There is hereby
established @ Marine Environmentat Management Fund to be administered by the PCG The
Oil Pollution Management Fund (OPMF) created under Section 22 of Republic Act No. 9483
otherwise known as the “Oil Pollution Compensation Act of 2007” is hereby abolished All
baiauces, including the liabilities incurred by the OPMF shall be transferred to the MEMF.
The MEMF shali be sourced from the following:

nN


2 Fees, charges, and fines imposed pursuant to this Act and Republic Act No. 9483

b. Donations, endowments, grants and contributions: and

¢ Amounts specifically appropriated for MEMF under the Annual General
Appropriations Act

The MEME shall be utilized for the following activities

fa) Containment, removal, and clean-up operations of the PCG in all oi! pollution
cases: and

(b) Enforcement and monitoring activities of MARINA, PCG and port authorities of
the Departinent 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 PCG
in al! 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
clean-up operations

SEC. 43. Appropriations. The amount necessary to carry out the provisions of this
Act shall be charged against the current year’s appropriation 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.44. Separability Clause. Jn the event that any provision of this Act is declared
onal, the validity of the remainder shall not be affected thereby.

SEC.45, Repealing Clause. The fifth paragraph of Section 28 of Republic Act No.
9275 and Section 22 of Republic Act No, 9483 are hereby repealed. Republic Act No. 6969.
Presidential Decree Nos, 979, ard 601 are hereby amended and modified accordingly. Al!
taws, decrees, rules and regulations, and executive orders contrary to or inconsistent with this

uncons,

Act are hereby repealed or modified accordingly
SEC.46. Effectivity Clause. This Act shalt take effect fifteen (15) days afer the
completion of its publication in the Official Gazette or in at least two (2) newspapers of
general circulation
Approved



a

House of Representatives
Committee Affairs Department

FACT SHEET

House Bill No. 923
(Substitute to H.B. Nos. 2585, 1888 and 509)

(AN ACT TO PREVENT AND CONTROL POLLUTION FROM SHIPS, PROVIDE
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

introducad by: REPS. ARAGO, EVARDONE, ANGARA AND ALCALA

Committee Referral: ECOLOGY
Committee Chairperson: REP. DANILO RAMON S. FERNANDEZ

OBJECTIVES:

To prevent or minimize marine pollution covering oily substance, harmful
and toxic substances, garbage, sewage and other pollutants coming from
ships and floating structures,

* To harmonize institutional arrangements concerning marine pollution; and

To strengthen and complement enforcement of existing related laws on
marine pollution, including the Intemational Convention for the Prevention
from Ships.

KEY PROVISIONS:

* Includes in its coverage ali ships: a} Philippine ships, wherever they may
be found, and b} foreign-fiagged ships, whether or not they are registered
with sate parties to tha Convention,

« Streamlines jurisdiction, responsibilities and functions of DOTC , PCG,
MARINA and PPA. Specifically, MARINA has flag state control over
Philippine ships, while PCG has jurisdiction over all ships operating or
found within Philippine waters and ports;

«Creates the Marine Pollution Adjudication Board vested with quasi-judicial
powers to adjudicate marine poilution cases;

* Defines prohibited acts and the corresponding penalties for violations, both
administrative and criminal; and

© Provides a penalty of dismissal from service of government employees who
connive with shipcrew to violate or permit any violation.


RELATED LAWS:

PD 601 ~ Revised Coast Guard Law

PD 979 - Providing For The Revision Of Presidential Decree No. 600,
Governing Marine Pollution

RA 6969 - Toxic Substances and Hazardous and Nuclear Wastes Controt
Act of 1990,

RA 9295 — Domestic Shipping Development Act of 2004
RA 9276- Philippine Clean Water Act of 2004

RA 9483 - Oil Pollution Compansation Act of 2007

RA 5173- Creating the Philippine Coast Guard

RA 9993 - Philippine Coast Guard Law of 2009

PD 474 — Creating the MARINA

EO 192 - Reorganizing the DENR

international Convention for the Prevention of Pollution fram Ships (Marpol
Convention 73/78)

Base! Convention on the Control of Transboundary Movement of
Hazardous Wastes and their Disposal