Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOu;:Brii-NO.6221
Introduced by Rep. ANGEL0 MARCOS RARBA
and District, Ilocos Norte
EXPIENiuTORy NOTE
Vessel-sourced  pollution  is  one  of  the  major  sources   of  marine
pollution  and  destruction. I  A  high  proportion  of  ship-sourced  oil  and
chemical   pollution   comes   from   refueling,   bilge   discharges,   and  vessel
maintenance. 2   Therefore,   a   number   of  international   agreements   were
instituted to address this increasing and worsening problem.
The  Philippines  is  a  member  state  of  the  International  Maritime
Organization  (IMO)  and  a  signatory  to  several  international  agreements
concerning the sea in general and maritime aspects in particular. Among these
agreements are the International Convention for the Safety of Life at Sea (1974)
and  its  Protocols  (1978;  1988)  and  Agreement  (1996);  the  International
Convention for the Prevention of Pollution from Ships (1973) and its Protocols
(1978; 1997); the Convention on the International Regulation for Preventing
Collisions  at  Sea  (1972),  among  other  treaties.  However,  it  is  ironically
devastating  that  the  country  is  still  miles  behind  from  its  neighboring
countries in terms of the full implementation of the said disciplines.
In 2o21, the country suffered a -5.1 fleet growth and a -6.1 transport
services export growth. It was also observed that this alarming trend of growth
continuously declines through the years.3  The same statistics also provides
that  the  failure  and  inability  of the  Philippine  Government  to  effechvely
implement  these  conventions  and  instruments  greatly  contributes  to  the
decline of the numbers herein stated. It is, therefore, a tragedy at Philippine
Seas.
In view of the foregoing, this bill seeks to prevent pollution from ships,
load lines, and tonnage measurements of ships and to provide a mechanism
for  the  full   and  effective  implementation  of  Port  State   Control   (PSC)
1  Abdulrazar, A.O. and Kader, SZSA. (2014). Vessel-sourced pollution: a security threat in Malaysian waters.
Journal Of Sustainable Development Law and Policy, 3 (1). Retr.loved 7 November Z022, from
httDs://www.aiol.info/Index.DhD/isdlD/article/view/122611
2  Oil and chem.ical pollution. (2018, September 10). Atorit/me Sqfety Queerts/and. Retrieved 7 November 2022,
fromhttps://www.msa.Old.Eov.au/Marine-r]ollution/Oil-chemical-Pollution
3  Maritime Profile: Philippines. (n.d.). United Nations Conference on Trade and Development (UNCTAD Stat).
Retrieved 7 November 2022, from
httDs://unctadstat.unctad.org/countrvDrofile/maritimeprofile/en{b/608tindex,html


guidelines    as    provided   by   regional    agreements    or    Memoranda    of
Understanding (MOU).
This   proposed   measure   shall   provide  for  the   full   and  effective
implementation    of   international    maritime    instruments,    adoption    of
regulations,   and   execution   of   the   technical   annexes,   provisions,   and
requirements  of these  international  maritime instruments.  This legislation
aspires to be one of the initiatives for the arduous call for overall maritime
safety  and  security,  and  prevention  of ship-sourced  pollution,  all  for  the
protection of the Philippine seas, seafarers, and sea workers.
On behalf of the and District of Ilocos Norte, and for the greater benefit
of the Filipino people, the immediate passage of this bill is earnestly sought.
ANGEL
BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOus6` bii`i .iro.   6 2 2 1
Introduced by Rep. ANGEL0 MARCOS BARBA
2nd District, Ilocos Norte
AN ACT pRovlDING FOR THE FULL AND EFFEcrlvE
IMPLEMENTATI0N AND ENFORCEMENT OF INTERNATIONAL
MARrrlME INSTRUMENTS OF WrlllcH THE PHILIPPINES IS A
STATE PARTY
Pe tl  enacted by  the  Senate  cmd the  House  Of Represeritc[tiDes  Of the
Philippines in Congress asse:mbled:
SEcrloN 1. Short T]tze.  - This Act shall be known as the "Maritime
Safety,   Security   and   Prevention   of  Ship-Sourced   Pollution  Act   of  the
Philippines."
SEcrl0N 2. DecJarafl.on a/PoJt.car. - The following are hereby declared
to be the policies of the State:
(a) The State shall provide for the full and effective implementation and
enforcement of international maritime instruments that cover safety of
life  at  sea,  prevention  of pollution  from  ships,  load lines,  tonnage
measurements of ships, and regulations for preventing collisions at sea,
of which the Philippines is a state party.
a) The State shall provide for a platform for the adoption of regulations
implementing the technical annexes, provisions and requirements of
these    international    maritime    instruments    as    well    as    future
amendments  to  such  technical  provisions  and  requirements  as  the
State Parties to these conventions may adopt from time to time;
(c) The   State   shall   comply  with  its   duties   and  obligations  to  the
international   community   as   State   Party   to   these   international
maritime   instruments   by   ensuring   the   effective   exercise   of  its
jurisdiction and control over ships flying its flag, and that those who
are responsible for the management and operation of a ship registered
in  the  Philippines,  including  their  duly-registered  owners,  operate
their ships responsibly; and,
(d)The  State  shall  provide  a  mechanism  for  the  full  and  effective
implementation of Port State Control (PSC) guidelines as provided by
regional agreements or Memoranda of Understanding by which it may


consistently carry out its obligation to conduct inspections on shups of
other States, whether parties to international maritime instruments or
not, when these are within the waters, ports, harbors, and offshore
terminals of the Philippines.
SECTION 3. Scope a/the Act. - Unless otherwise indicated, this Act shall
applyto:
(a) All merchant marine ships, whether seagoing or coastwise, which are
registered under the Philippine flag;
®)All   persons,   partnerships,   corporations,   firms,   or   other   entities
duly-registered or licensed in the Philippines to engage in the business
of  shipping   as   shipowners,   ship   operators,   charterers,   or   ship
managers, or those acting on their behalf; and,
(c) All  foreign  ships  that  are  within  the  waters,  ports,  harbors,  and
offshore terminals of the Philippines regardless of whether or not they
are  registered  in  or  belong  to  State  Parties  to  the  international
maritime instruments sought to be implemented by this Act.
SECI'ION 4. DeJim.iron o/Terms. -As used in this Act:
(a) Jnfeman.onaJ Marl.tr.me Jusrfume7ifs refer to all conventions,  codes,
recommendations,     procedures,     guidelines,     or     other     similar
instruments pertaining to safety of life at sea, prevention of pollution
from ships, load lines, tonnage measurements of ships, and regulations
for preventing  collisions  at  sea,  of which the  Philippines  is  a  State
Party, including:
(1) The International Convention for the Safety of Life at Sea, 1974 and
its Protocols of 1978 and 1988 and Agreement of 1996;
(2) The International Convention for the Prevention of Pollution from
Ships, 1973, its Protocol of 1978, and its Protocol of 1997;
(3)  The  Convention  on the  International  Regulation for  Preventing
Collisions at Sea, 1972;
(4) The Intemational Convention on I.oad Lines, 1966 and its Protocol
of 1988, as amended in 2oo3;
(5)  The  International  Convention  on  the  Tonnage  Measurement  of
Ships, 1969; and
(6)  AIl  other  international  instruments,  codes,  recommendations,
procedures,    and    guidelines    implementing    or    applying    these
Conventions.
a)Recognized  Orga".zc[n.o7i  refers  to  an  organization  that  has  been
assessed  as  such  by  the  Department  of Transportation  (DOTr),  in


accordance with the relevant guidelines of the Intemational Maritime
Organization (IMO) on recognized organizations.
SEcrl0N 5. Potuers and Funcn.ons. -
(a) DOTr. - For purposes of this Act, the DOTr shall have the following
powers and functions :
(1) Act as the single and central maritime administration, and exercise
all powers and functions relative to the compliance with, and effective
implementation     and    enforcement     of    intemational     maritime
instruments to which the Philippines is a State Party;
(2)  Prescribe,  fix,  issue,  revise,  amend,  update,  or  repeal  rules  and
regulations  from  time  to  time  to  ensure  the  full   and  effective
implementation    and    enforcement    of    international     maritime
instruments;
(3) Determine the minimum standards and requirements, and issue
rules   and   regulations   applicable   to   particular   types   of   ships,
considering their size, type, motive capacity, trading limits and other
physical   and  technical   attributes  without  diluting  the  minimum
requirements of the international maritime instruments ;
(4)  Determine which ships shall be excluded or exempted from the
coverage  of relevant  regulations,  and establish  equivalent technical
standards where it is determined that by virtue of the ship's size, type,
motive  capacity,  or  trading  limits,  it  would  be  more  workable  to
require  the  implementation  of such  equivalent  standards,  without
compromising the safety of the ship, its crew, passengers and cargo,
and without exposing the marine environment to the risk of damage
from ship-sourced pollution;
(5)   Assess   and   determine   the   qualification   of   any   recognized
organization, execute the corollary whtten agreement to evidence the
terms and conditions by which such recognized organization shall act
on its behalf, and the extent of the powers delegated to such recognized
organization  in  carrying  out  initial  and  periodic  inspections  and
surveys, including the capacity to issue ship certificates on its behalf;
(6)  Require  the  master,  or  in  his  absence,  the  owner,  charterer,
manager, or operator to submit, without delay, a full whtten report of
any incident involving the ship that may endanger the safety of the
ship,  its crew,  passengers,  or cargo,  or pose a threat to the marine
environment;
(7)  Following any marine casualty,  accident,  or incident involving a
ship in the Philippine registry, undertake,  on its own or through a
duly-constituted   independent   group   of   suitably   qualified   safety
inspectors, a marine casualty safety investigation which is independent
from any other form of investigation and is not intended to apportion


or blame or  determine liability,  but is  conducted to  determine the
cause of the accident and the identification of measures to prevent the
occurrence of similar marine casualties, accidents, or incidents in the
future;
(8) Institute amendments to existing regulations to enhance the safety
and security of ships, persons, and property and the protection of the
marine environment following receipt of any recommendation arising
from the marine safety inspection report;
(9) Receive the report of any violation from another State and conduct
and other investigation on a ship in the Philippine registry to protect
public interest and impose  such penalties,  sanctions,  and levy such
fines commensurate to the gravity of the offense to ensure effective
implementation,     compliance,     and     enforcement     of    Maritime
Conventions  and  upon  completion  of the  investigation,  inform  the
State submitting the report of the action taken to address the violation;
(1o) Act as the designated point of contact for all matters related to the
IMO with respect to safety of life at sea, prevention of pollution from
ships, load lines, tonnage measurement of ships, and regulations for
preventing collisions at sea; and,
(11)  Exercise  such  other  powers  and  functions  necessary  to  fully
implement international maritime instruments.
When creating procedures, rules, and regulations, the DOTr shall
always  be  guided  by  the  relevant  conventions,  instruments,  codes,
recommendations, and guidelines of the IMO.
a) Philippine Coast Guard (PCG).  -  For purposes of this Act, the PCG
shall  exercise  PSC,  consistent with  its  powers  and  functions  under
Republic  Act  No.  9993,  otherwise  known  as  the  "Philippine  Coast
Guard I.aw of 2oog," and its implementing rules and regulations; and
(c) Maritime Industry Authority (MARINA)  -  For purposes of this Act,
the  MARINA  shall  exercise  Flag  State  Control,  consistent  with  its
powers and functions under Presidential  Decree No.  474,  otherwise
known as the Maritime Industry Decree of 1974 and Executive Order
Nos.  125 and 125-A, series of 1987, as amended, otherwise known as
the   Reorganization   Act   of  the   Ministry   of  Transportation   and
Communications.
SHC"OEN 6. Pou)er to Adopt Regulations to Conform to Amendments to
Jnfeman.onaz Man.ft.me CbntJenft.ons. - The MARINA, with the concurrence
of the DOTr, through the Secretary, shall recommend to the Department of
Foreign Affairs (DFA) the adoption of internal maritime instruments which
the Philippines is not yet a party to, so that the appropriate recommendation
can be  made,  the  relevant  instrument  of ratification  or  accession  may be
issued by the President, and the concurrence of the Senate of the Philippines
may be obtained; ProtJided, That in the case of any subsequent amendment to


any technical annex of any existing international convention or treaty to which
the Philippines is already a party and which is deemed accepted by the State
Parties to the convention after the lapse of the specified time, the MARINA is
hereby  empowered  and  authorized  to  amend  and  revise  its  rules  and
regulations to conform with the amendments to the relevant convention or
treaty without need of further legislative or executive authorization.
SmcTI:OIN 7. Cootdipchon Among Regulatory Agencies. -The Secretary
of   Transportation   shall   direct,   oversee   and   document   the   creation,
maintenance,  and management of the appropriate coordinative framework
and structure among all government agencies mandated by law to supervise
and regulate all parties referred to in Section 2 of this Act in order to ensure
the harmonized implementation and enforcement of the conventions covered
by  this  Act.  For  this  purpose,  the  Secretary  of Transportation  shall  issue
relevant regulations, orders, processes, and procedures within sixty (6o) days
from the effectivity of this Act, which regulations may be amended from time
to time as needed. The issuance of the Secretary of Transportation shall given
special attention to clearly identify the processes and procedure to be followed
by  the  different  regulatory  agencies,  considering  each  agency's  mandate,
technical competence and expertise, organizational structure and capabilities
for  carrying  out  the  Philippines'  obligation  under  the  conventions.  The
Secretary of Transportation shall further clarify functions and tasks which
require:
(a) Execution directly by the agency;
a) Execution indirectly by an ageney acting on behalf of another;
(c) Coordination of several agencies by a lead agency;
(d) Cooperation by agencies acting independently of each other; or
(e) Monitoring and reporting to another agency.
The Secretary of Transportation, as needed, shall coordinate with other
executive  departments  whose  line  or  attached  agencies  likewise  exercise
relevant functions or provide technical services that ensure the safety of the
ship,  its  crew,  passengers  and  cargo,  and  the  protection  of  the  marine
environment,    such   as   the    Philippine   Atmospheric,    Geophysical    and
Astronomical  Services Administration  (PAGASA)  under the  Department  of
Science  and Technology (DOST),  and the  National  Mapping and  Resource
Information Authority (NAMRIA) under the Department of Environment and
Natural Resources (DENR), among others.
SECI'I0N 8. Jmpzementr.ng Rules and ReguJan.ons.  - The DOTr shall
issue  the  implementing  rules  and  regulations  for  each  of  the  Maritime
Instruments within six (6) months from the effectivity of this Act.
SECTION  9.  Separabl.Zi.fry  Crduse.  -  If,  for  any  reason,  any  section,
subsection,  clause,  or  term  of  this  Act  is  held  to  be  illegal,  invalid,  or


',
unconstitutional, such parts not affected by such declaration shall remain in
full force and effect.
SECTION  lo.  Repealing  CJause.  - All  existing laws,  orders,  decrees,
rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby amended, modified, or repealed accordingly.
SECTION  11. Ejrecft.I;I.fry.  - This Act shall take effect fifteen (15)  days
after  its  publication  in the  O#ct.aJ  Gazeffe  or  in  a  newspaper  of general
circulation.
Approved,