HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 334

Introduced by Representative ROSE MARIE J. ARENAS

AN ACT
PROVIDING FOR AN ENVIRONMENTAL INFORMANT INCENTIVE SYSTEM FOR
WHISTLEBLOWERS TO STRENGTHEN THE PREVENTION AND PROSECUTION OF
MARITIME POLLUTION

EXPLANATORY NOTE.

Our seas and oceans are a primary environmental resource. The Food and Agriculture
Organization of the United Nations estimates that fisheries and aquaculture secure the livelihood of
ten to twelve percent (10-12%) of the world’s population, with ninety percent (90%) of these
individuals coming from developing countries.’ The beauty and versity of our maritime
resources are also essential for eco-tourism and the enjoyment of nature. Further, the oceans are
estimated to absorb twenty five percent (25%) of the extra carbon dioxide from fossil fuels.’ In an
archipelago like the Philippines, our seas are also vital to transportation and trade.

It is incumbent upon us all to preserve this precious resource. As stated by the Supreme
Court, the right to a balanced and healthful ecology “belongs to a different category of rights
altogether for it concerns nothing less than self-preservation and self-perpetuation... the advancement
of which may even be said to predate all governments and constitutions”.* If we are to ignore these
rights, “the day would not be too far when all else would be lost not only for the present generation,
but also for those to come — generations which stand to inherit nothing but parched earth incapable

of sustaining life

In order to recognize the role of the general public in preventing pollution, and considering
that our maritime resources are vital to our life and livelihood, and that the preservation of the
environment is a universal concern, we must establish a Public Vigilance Incentive System against
maritime pollution. This will greatly strengthen efforts to police against maritime pollution, and even
provide environmental organizations and volunteers with much needed funds to continue their
activities to protect and preserve our maritime resources.

2014 State of the World Fisheries and Aquaculture Report of the United Nations Food and Agriculture
Organization.

Nellemann, C., Corcoran, E., Duarte, C. M., Valdés, L., De Young, C., Fonseca, L. Grimsditch, G.
(Eds), 2009. Blue Carbon. A Rapid Response Assessment. United Nations Environment Programme,
GRID-Arendal

Oposa v. Factoran, G.R. No. 101083, 30 July 1993.

1 Ibid.



This bill was first introduced by ANGKLA partylist during the 17" Congress.

Aaslier

Representati
3" District, PangwSinan



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No,_334

Introduced by Representative ROSE MARIE J. ARENAS

AN ACT

PROVIDING FOR AN ENVIRONMENTAL INFORMANT INCENTIVE SYSTEM FOR
WHISTLEBLOWERS TO STRENGTHEN THE PREVENTION AND PROSECUTION OF
MARITIME POLLUTION

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

Section 1. Short title. — This Act shall be known as the “Whistleblowers Against
Maritime Pollution Act of 2018”.

See. 2. Declaration of Policy. ~The following are hereby declared to be the policies of the
State:

(a) The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature;

(b) The State recognizes the vital role of the youth in nation-building and shall inculeate
in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs;

() The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation; and

(d) The State shall ensure international standards of preventing maritime pollution shall

be strictly observed.

Sec. 3. Environmental Informant Incentive System. - Any person, including duly
incorporated non-governmental organizations, who voluntarily gives definite and sworn information,
not yet in the possession of the Department of Environment or Natural Resources, or any of its line
agencies, or the Department of Transportation, or any of its line agencies, leading to the discovery of
acts polluting our maritime resources, thereby resulting in the imposition of administrative or criminal
fines, shall be rewarded in the following manner:

(@) Upon the initiation of a criminal or administrative proceeding, the informant shall receive
‘a sum equivalent to ten percent (10%) of the administrative or criminal fines to be
imposed, which amount will be charged to the administrative or criminal fines to be
collected; and

(b) Upon collection of the administrative or criminal fines, the informant shall receive a sum
equivalent to forty percent (40%) of the administrative or criminal fines collected.



Provided, That the information mentioned herein shall not refer to a case already pending or
previously investigated or examined by the Government. Provided, finally, That any public official or
employee of the Department of Transportation, Department of Environment and Natural Resources,
and any of their respective line agencies, or his relative within the sixth degree of consanguinity, are
disqualified from availing of the benefits of this Act.

Sec. 4. Maritime Pollution Task Force. ~ There is hereby created a Maritime Pollution
‘Task Force to be organized by the Department of Transportation and Department of Environment and
Natural Resources, which will be under their joint control and supervision. The members of the
Maritime Pollution Task Force shall come from the pertinent line/attached agencies including the
Philippine Coast Guard, Maritime Industry Authority, Philippine Ports Authority, and Environmental
Management Bureau. The Maritime Pollution Task Force shall receive all information mentioned in
the immediately preceding Section, and act upon such information within thirty (30) days from receipt
thereof through the filing of a criminal or administrative case.

Sec.5. Implementing Rules and Regulations. — The Secretary of the Department of
‘Transportation, in coordination with the Secretary of the Department of Environment and Natural
Resources, shall issue the implementing rules and regulations of this Act within sixty (60) days from
its effectivity. In no case shall the absence of the implementing rules and regulations be used as
{justification for the non-enforcement of this Act.

Sec. 6. Separability Clause. — 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.

See. 7. Repealing Clause. - 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.

Sec. 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publi
the Official Gazette or in a newspaper of general circulation.

Approved,