1
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 707 
Introduced by REP. JAVIER MIGUEL “JAVI” L. BENITEZ 
EXPLANATORY NOTE 
The Philippines is an archipelagic and maritime nation. Sea transport is 
therefore the main mode of transporting people and cargo. In 2019, the 
Philippine Ports Authority recorded a total of 83.7 million passengers 
transported by sea vessels. The ports and shipping industry contributed 1.43 
billion US dollars to the Philippine economy in 2016. 
Port activities and shipping, however, can cause degradation of water 
quality and aquatic environments. Operational discharges and accidental oil 
spills, untreated wastewater and solid waste from ports and ships cause 
damage on marine ecosystems. 
The Philippine Coast Guard reported a total of 553 oil spills from 1975 to 
2019. The biggest oil spill in Philippine history, the MT Solar 1 oil spill in the 
Guimaras Strait in 2006 affected 99.6 kilometers of coastline, 58 hectares of 
seaweed area and 454 hectares of mangroves.1 More recently, the oil spill from 
the MT Princess Empress that capsized off the coast of Naujan, Oriental Mindoro 
in February 2023 has affected 34 marine protected areas in 10 municipalities in 
the province, and around 36,000 hectares of coral reefs, mangroves and sea 
grass.2 
We cannot let this happen again. 
Considering that the Philippines is at the heart of the Coral Triangle, one 
of the most diverse marine habitats in the world, we must strengthen the 
1 Artchil Fernandez, “Mt Solar I Oil Spill: Social and Economic Consequences in Nueva 
Valencia, Guimaras, Philippines,” Patubas 4, no.1 (2008). 
2 Jelo Mantaring, “Over 36,000 hectares of marine habitats potentially affected after oil spill – 
experts” 
(2023). https://www.cnnphilippines.com/news/2023/3/4/marine-habitats-at-risk-oil-
spill-report.html 
July 1, 2025
8:04 am


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protection of our marine ecosystems. We must prevent pollution from ships. 
The International Convention for the Prevention of Pollution from Ships 
1973, as modified by the Protocol of 1978, otherwise known as MARPOL 73/78, 
collectively referred herein as the “Convention”, is the main international legal 
instrument covering the prevention of pollution of marine environment, laying 
down regulations to prevent pollution from discharge or emission of oil, 
noxious liquid substances in bulk, sewage, and garbage. The ultimate objective 
of the treaty is to preserve the marine environment by eliminating pollution 
due to oil and other substances harmful to the marine environment. 
The Philippines signed MARPOL 73/78 in 2001. We must honor our 
commitment. Pacta 
sunt servanda. The Philippine government must comply with and implement 
international 
agreements in good faith. 
This bill adopts the MARPOL 73/78 and its Protocols and Annexes as an 
integral part of the law of the land. It establishes a strong regulatory structure 
to enforce the Convention and lays down exemptions, the adjudication process 
and penalties for violations. 
This bill is crucial in transforming our maritime economy into a blue 
economy, ensure the health of our marine ecosystems and promote sustainable 
development of our marine resources for the benefit of present and future 
generations. 
In view of the foregoing, the immediate approval of this measure is 
earnestly sought. 
JAVIER MIGUEL L. BENITEZ 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 707 
Introduced by REP. JAVIER MIGUEL “JAVI” L. BENITEZ 
AN ACT TO PREVENT AND CONTROL POLLUTION FROM SHIPS, 
PROVIDE PENALTIES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
CHAPTER 1 
General Provisions 
SECTION 1. Short Title. - This Act shall be known as the “Prevention of 
Pollution from Ships Act”. 
SEC. 2. Declaration of Policy. - In pursuit of the constitutional mandate 
to protect and advance the right of the people to a balanced and healthful 
ecology in accord with the rhythm and harmony of nature, the State shall 
prevent and control pollution resulting from the operations of ships. 
It shall likewise implement the Convention as herein defined, including 
its amendments 
and protocols that have been ratified by the Philippines. 
SEC. 3. Definition of Terms. - As used in this Act: 
(a)
Coastal state refers to a State that has sovereignty which extends,
beyond its land territory and internal waters and its archipelagic
waters, to an adjacent belt of sea, described as the territorial sea,
including its seabed and subsoil, and sovereign rights over the
continental shelf and exclusive economic zone as defined by the
United Nations Convention on the Law of the Sea;


 
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(b) 
Convention refers to: 
 
(1) 
The International Convention for the Prevention of 
Pollution from Ships 1973, as amended by the Protocol of 
1978 or MARPOL 73/78; 
(2) 
Protocol I and II of MARPOL 73/78; 
(3) 
Annexes I, II, III, IV, V and VI, their relevant appendices, 
any technical code referred to, as well as any amendment to 
any of these documents which may enter into force in 
accordance with the procedure referred to in Article 16 of 
MARPOL 73/78; and, 
(4) 
Any subsequent protocol, resolution, or code amending the 
Convention, which the Philippine Government may ratify 
necessary to advance the purposes of this Act. 
 
(c) 
Flag state refers to the relationship of the Philippines to vessels 
registered under its flag and corollary right to exercise jurisdiction 
and regulatory control over these vessels; 
 
(d) 
Foreign-flagged ship refers to any ship registered in another State 
or authorized to fly it flag, whether or not it is a State party to 
MARPOL 73/78, when found in any of the ports, terminal facilities 
or waters within the jurisdiction or sovereignty of the Philippines; 
 
(e) 
Harmful substance refers to any substance which, if introduce into 
the sea, is liable to create hazards to human health, to harm living 
resources and marine life, to damage amenities or to interfere with 
other legitimate uses of the sea, and includes any substance subject 
to control by the present Convention; 
 
(f) 
Master refers to any person having command or charge of any 
ship, including a boat captain; 
 
(g) 
Owner refers to the person registered as the owner of the ship or 
who assumes the operation of the ship, or, in the absence of 
registration, the person owning the ship or the bareboat charterer 
of the ship. In the case of a ship owned by a State and operated by 
a company which in that State is registered as the ship’s operator, 
the State shall be included as the owner; 
 
(h) 
Philippine ship engaged in international trade refers to any ship 
registered under the laws of the Philippines for international trade, 
and entitled to fly its flag wherever the ship may be; 
 


 
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(i) 
Philippine maritime zones refer to the internal waters, archipelagic 
waters, territorial sea, contiguous zone, continental shelf, and 
exclusive economic zones; 
 
(j) 
Port state refers to the relationship of the Philippines to a foreign 
flagged vessel which may be found in any of its ports, terminal 
facilities or harbors and its corollary right to exercise jurisdiction 
and regulatory control over the vessel; 
 
(k) 
Ship refers to a vessel of any type operating in the marine 
environment and includes pleasure crafts, fishing vessels, 
hydrofoil boats, air-cushion vehicles, submersibles, floating crafts, 
drilling rigs and fixed or floating platforms; and, 
 
(l) 
Undue delay refers to a delay that is unreasonable and 
unnecessary in light of the particular conditions of the ship, the 
ship’s cargo, destination and schedule, and in light of the purpose 
and scope of the investigation, inspection or other cause for 
detaining the ship. 
 
CHAPTER 2 
Application of this Act 
 
SEC. 4. Implementation of the Convention. – Unless otherwise provided 
in this Act, the provisions of the Convention shall be applied with the intention 
of protecting public health and preserving the coastal and marine environment, 
and its resources through the complete elimination of pollution by harmful 
substances identified pursuant to this Act, and the minimization of accidental 
discharge of these substances. 
 
SEC. 5. Ships Covered. – Unless otherwise specified herein, this Act shall 
apply to: 
 
(a) 
All Philippine ships; 
 
(b) 
All foreign-flagged ships in Philippine maritime zones, whether or 
not they are registered with State parties to the Convention in 
accordance with the norms of international law; and, 
 
(c) 
All other ships operating within Philippine maritime zones. 
 
SEC. 6. Exempted Ships. – This Act shall not apply to warships, naval 
auxiliary ships, man-of-war vessels, and government ships engaged in non-
commercial activities: Provided, That the Department of Transportation 
(DOTr), through the Maritime Industry Authority (MARINA), the Philippine 


 
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Coast Guard (PCG) and the Philippine Ports Authority (PPA), and other 
concerned agencies, shall adopt appropriate measures that will ensure that 
these ships operate, as far as is reasonable and practicable, in a manner 
consistent with this Act: Provided, further, That the measure will not impair 
the operational capabilities of these ships. 
 
CHAPTER 3 
Exercise of Jurisdiction Over Ships 
 
SEC. 7. Powers and Functions of the Department of Transportation 
(DOTr). – The DOTr shall be the principal government agency responsible for 
the overall implementation and 
enforcement of this Act and any requirement of the Convention. For this 
purpose, the Secretary of the DOTr shall exercise the following general powers 
and functions: 
 
(a) 
Oversee the implementation of this Act and coordinate the efforts 
of concerned agencies; 
 
(b) 
Formulate a comprehensive program to prevent or minimize 
marine pollution from ships in coordination with the Department 
of Environment and Natural Resources (DENR), the Department 
of Agriculture (DA), the Department of Interior and Local 
Government (DILG), the Department of Energy (DOE), port 
authorities and other relevant agencies and stakeholders; 
 
(c) 
Constitute the Marine Pollution Adjudication Board (MPAB); 
 
(d) 
Designate, upon recommendation of the PCG Commandant, a 
District Hearing Officer (DHO) for each district of the PCG 
pursuant to Section 43 of this Act; 
 
(e) 
Reorganize or streamline the functions of its different line, staff, 
and attached bureaus, authorities, or agencies for purposes of the 
effective and efficient implementation of the provisions of this Act; 
 
(f) 
Administer the Marine Environmental Management Fund 
(MEMF) established under Section 51 of this Act, and provide 
guidelines for its immediate access for the containment, removal 
and clean-up operations of the PCG in all marine pollution cases 
under the Convention; and, 
 
(g) 
Exercise powers and perform other functions as may be necessary 
to carry out its duties and responsibilities under this Act. 
 
SEC. 8. Powers and Functions of the Maritime Industry Authority 


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


 
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of agreement defining the extent of powers that may be exercised 
by the recognized organizations including the following: 
 
(1) 
Perform and conduct statutory surveys on Philippine 
ships; 
(2) 
Require repairs on a Philippine ship pursuant to finding 
resulting from port state inspection; 
(3) 
Carry out surveys requested by port state authorities; and 
(4) 
Withdraw any statutory certificates if appropriate 
corrective action is not taken by the Philippine ships; 
 
(i) 
Provide the International Maritime Organization (IMO) with a list 
of recognized organizations authorized to act on behalf of the 
Philippines, together with the specific responsibilities they are 
empowered to perform and the conditions of the authority 
delegated to them; 
 
(j) 
Impose, fix, collect and receive, in accordance with the duly 
approved schedules, fees necessary for the survey and certification 
of ships pursuant to this section. The fees shall be imposed and 
collected in order to recover the cost for rendering the service and 
shall not be used in order to impose a penalty: Provided, That 
excessive fees, multiple fees and duplicative fees shall at all times 
be avoided; 
 
(k) 
Issue rules and regulations necessary to implement the provisions 
of this section: Provided, That the rules shall be in consonance with 
the Convention and shall not change or in any way amend or be 
contrary to the intent and purposes of this Act; 
 
(l) 
Provide its officers and personnel with adequate training and 
continuing education to ensure an efficient and professional 
pollution regulatory machinery; 
 
(m) 
Impose and collect fees and charges in connection with the 
performance of its functions under this section, which fees and 
charges shall accrue to the Marine Environmental Management 
Fund (MEMF) established under Section 42 of this Act: Provided, 
That the fees shall be imposed and collected in order to recover the 
cost for rendering the service and shall not be used in order to 
impose a penalty: Provided, further, That excessive fees multiple 
fees and duplicative fees shall at all times be avoided; 
 
(n) 
Hear, adjudicate and impose such fines and penalties on 
Philippine ships which shall fail to comply with the rules and 


 
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regulations issued pursuant to this section; and, 
 
(o) 
Exercise powers and perform other functions as may be necessary 
to carry out its duties and responsibilities under this Act. 
 
SEC. 9. Powers and Functions of the Philippine Coast Guard. – Unless 
otherwise provided under this Act, the PCG shall have the sole and exclusive 
authority and responsibility to enforce environmental and pollution 
regulations and standards to all ships which may be operating within 
Philippine maritime zones, or in ports, terminal facilities or harbors. It shall 
include the authority to board and inspect ships to ensure compliance with 
such regulations and standards. 
 
For this purpose, the PCG shall have the following duties and functions: 
 
(a) 
Ensure that all ships are operated and certificated in accordance 
with the requirements of the Convention; 
 
(b) 
Inspect the certificates and record books required of any ship 
pursuant to this Act; 
 
(c) 
Conduct a physical inspection of the ship if there should be clear 
grounds for believing that the condition of the ship or its 
equipment does not correspond substantially with what is stated 
in the ship’s certificates; 
 
(d) 
Investigate any complaint involving the alleged violation of the 
Convention committed by a ship regardless of source of the 
complaint or the location of the violation and request the 
submission of evidence which the complainant may have 
regarding the alleged violation; 
 
(e) 
Request the assistance of any other State whose cooperation may 
be useful to the investigation against a ship; 
 
(f) 
Detain a ship pursuant to Section 25 of this Act; 
 
(g) 
Require a ship to proceed to the nearest repair yard and ensure 
that the ship does not leave until it can proceed to sea without 
posing an unreasonable threat or harm to the marine 
environment; 
 
(h) 
Apprehend and initiate proceedings against any person for 
violation of this Act when sufficient evidence exists with respect 
to the alleged violation; 


 
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(i) 
Inform the complainant and the IMO of the results of the 
investigation and any action taken against the foreign-flagged 
ship in respect of any alleged violation; 
 
(j) 
Deny entry of a foreign-flagged ship to any Philippine port or 
terminal facility if it fails to comply with the requirements of the 
Convention; 
 
(k) 
Coordinate with, and inform, the diplomatic representative of the 
State, or the flag State administration, of any violation of the 
foreign ship and any action taken against the ship; 
 
(l) 
Inspect, verify and investigate a ship if it has discharged any 
harmful substance into the marine environment under any of the 
following circumstances: 
 
(1) It has reasonable grounds to believe that a discharge has 
occurred in Philippine maritime zones;  
(2) It receives a report from another coastal State; or,  
(3) It receives a request from the flag State. 
 
(m) 
Forward the report of any violation committed by the ship, with 
respect to any discharge of harmful substances into the marine 
environment, to the ship’s flag State administration, together 
with any evidence it may have; 
 
(n) 
Immediately inform any affected coastal State of the discharge; 
 
(o) 
Ensure that the ship is not unduly delayed or detained; 
 
(p) 
Order into port any ship found in the territorial seas if there are 
clear grounds to believe that the ship has discharged harmful 
substances into the marine environment; 
 
(q) 
Establish procedures for reporting incidents involving any actual 
or probable discharge or emission which may be in violation of 
this Act and of the requirement of the Convention, consistent with 
the reporting requirements under this Act; 
 
(r) 
Require all ships and aircrafts registered under the Philippine flag 
to immediately report any marine casualty witnessed while 
navigating; 
 
(s) 
Impose and collect fees and charges in connection with the 


 
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performance of its functions under this Section, which fees and 
charges shall accrue to the MEMF: Provided, That the fees shall 
be imposed and collected in order to recover the cost for 
rendering the service and shall not be used in order to impose a 
penalty: Provided, further, That excessive fees, multiple fees and 
duplicative fees shall at all times be avoided; 
 
(t) 
Hear and adjudicate violations through the District Hearing 
Officer pursuant to Section 43 of this Act; 
 
(u) 
Investigate and issue notice of violations to erring ships; 
 
(v) 
Cooperate with the government of other States that are members 
of the international organization on the prevention of pollution 
from ships, concerning the detection of violations and 
enforcement of this Act, using all appropriate and practicable 
measures of detection and environmental monitoring, and 
adequate procedures for reporting and accumulation of evidence; 
 
(w) 
Provide its officers and personnel with adequate training and 
continuing education to ensure and efficient and professional 
pollution regulatory machinery; 
 
(x) 
Adopt a continuing information campaign on marine resources 
protection, and developing public awareness on the health 
hazards and other adverse effects of ship pollution; 
 
(y) 
Issue such rules and regulations necessary to implement the 
provisions of this Act: Provided, That the rules and regulations 
shall be in consonance with the Convention and shall not change 
or in any way amend or be contrary to the intent and purposes of 
this Act; and, 
 
(z) 
Exercise powers and perform other functions as may be necessary 
to carry out its duties and responsibilities under this Act. 
 
SEC. 10. Role of the Department of Environment and Natural Resources 
(DENR). – For purposes of this Act, the DENR shall have the following powers 
and functions: 
(a) 
Provide technical assistance on pollution prevention to the 
concerned government agencies in the implementation of this 
Act; 
 
(b) 
Establish guidelines for the identification of harmful substances 
in packaged form in accordance with the guidelines and listings 


 
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provided by the IMDG Code in coordination with the PCG, PPA 
and other port authorities; 
 
(c) 
In coordination with MARINA and PCG, set effluent and 
emission standards for ships in accordance with the requirements 
of the Convention; 
 
(d) 
The floating crafts, drilling rigs and fixed or floating platforms, 
and vessels which primarily operate or undertake business, 
commercial, or industrial activities while anchored, the DENR 
shall enforce, in coordination with the PCG, the applicable 
provisions of Presidential Decree No. 1586, otherwise known as 
the Environmental Impact Statement System law; Republic Act 
No. 6969, otherwise known as the Toxic Substances and 
Hazardous and Nuclear Wastes Control Act of 1990; Republic Act 
No. 9003, otherwise known as the Ecological Solid Waste 
Management Act of 2000; Republic Act No. 8749, otherwise 
known as the Philippine Clean Air Act of 1999; and Republic Act 
No. 9275, otherwise known as the Philippine Clean Water Act of 
2004; and, 
 
(e) 
Establish criteria and guidelines for the site selection, design, 
operation, and 
maintenance of port waste management facilities; 
 
CHAPTER 4 
Prevention of Pollution by Harmful Substances 
 
SEC. 11. Prohibition of Discharge or Emission of Harmful Substances. 
– Discharge or emission from any ship into the Philippine maritime zones shall 
be prohibited, pursuant to the following Annexes of the Convention: 
 
(a) 
Annex I - Oil, whether carried as cargo or as bunker, or oily 
mixture, whether generated from cargo operations or from 
machinery spaces; 
 
(b) 
Annex II - Noxious liquid substances or mixtures containing a 
noxious liquid substance, being a substance or mixture carried as 
cargo or part cargo in bulk; 
 
(c) 
Annex III - Harmful substances in packaged form; 
 
(d) 
Annex IV - Sewage; 
 
(e) 
Annex V - Garbage; and 


 
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(f) 
Annex VI - Air pollutants, whether or not generated during the 
operation of the ship. 
 
SEC. 12. General Exemptions Applicable to Discharge or Emission of 
Harmful Substances. - The provisions of this Section 11 shall not apply in the 
following cases: 
 
(a) 
The discharge or emission is necessary for the purpose of securing 
the safety of a ship and those on board or saving life at sea; 
 
(b) 
The discharge is a result from unintentional damage to the ship or 
its equipment, and all reasonable precautions to prevent or 
minimize the escape or harmful substances have been taken after 
the occurrence of the damage or the discovery of the discharge: 
Provided, however, That the owner, master, agent, or manager of 
the ship was not negligent, or did not act either with intent to cause 
damage or recklessly and with knowledge that damage would 
probably result: Provided, further, That the damage to the ship or 
its equipment is not a result of deterioration or defects resulting 
from failure to maintain the ship or equipment; or 
 
(c) 
In cases of substances under pars. (a) and (b) of Section 11 of this 
Act, the discharge is for the purpose of combating specific 
pollution incidents in order to minimize the damage from 
pollution as may be approved by the PCG. 
 
SEC. 13. Exemptions Applicable to Discharge of Oil or Oily Mixture. – 
In addition to the exemptions provided by Section 12, Section 11 shall not apply 
to the discharge of oil or oily mixture under Annex I of the Convention when 
all the following conditions are satisfied: 
 
(a) 
the ship is proceeding en route by: 1. in case of oil tanker of any 
tonnage, more than 50 nautical miles from the nearest land, and the 
instantaneous rate of discharge does not exceed 30 liters per 
nautical mile; 2. in case of ship of 400 tons gross tonnage and above, 
more than 15 nautical miles from the nearest land, 
 
(b) 
the discharge is processed through an oil filtering, oily-water 
separating equipment and oil discharge monitoring, system and 
methods or devices as may be prescribed by the DOTr; 
 
(c) 
the total quantity of oil discharged into the sea does not exceed one 
part in 15,000 per million, or of the parts of the total quantity of the 
cargo of oil of which the oil discharged formed a part, whichever 


 
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is higher; and, 
 
(d) 
in case of ship of less than 400 tons gross tonnage: 
 
(1) the oily mixture does not originate form cargo pump room 
bilges on tankers, and 
(2) in case of oil tanker, the oily mixture is not mixed with oil 
cargo residues. 
 
SEC. 14. Exemptions Applicable to Discharge of Noxious Liquid 
Substances Carried in Bulk. – In addition to the exemptions provided by 
Section 11, Section 10 shall not apply to the discharge of noxious liquid 
substances or mixtures containing a noxious liquid substance, being a 
substance or mixture carried as cargo or part cargo in bulk under Annex II of 
the Convention when the following conditions are satisfied: 
 
(a) 
the discharge is made when the ship is proceeding en route at a 
speed of — 
 
(1) where the ship is self-propelled, at least 7 knots; or 
(2) where the ship is not self-propelled, at least 4 knots; 
 
(b) 
the discharge is made when the ship is at a distance of not less than 
15 nautical miles from the nearest land and is in a depth of water 
of not less than 25 meters; and, 
 
(c) 
the discharge is made below the water line of the ship taking into 
account the location of the sea-water intakes. 
 
(d) 
The conditions under this section shall not apply to a mixture that 
contains liquid substances not harmful to marine resources, human 
health, amenities or other legitimate use of the sea as referred to 
under regulation 6.1.4 of Annex II of the Convention. 
 
SEC. 15. Exemptions Applicable to Discharge of Harmful Substance in 
Packaged Form. – In addition to the exemptions provided by Section 12, 
Section 11 shall not apply to the discharge by jettison of harmful substance, 
being a substance carried as cargo in packaged form under Annex III of the 
Convention, on account of a leakage of the substance, when the substance was 
washed overboard from the ship in accordance with requirements made 
pursuant to Section 4 of this Action, unless these requirements impair the safety 
of the ship or of persons 
on board the ship. 
 
SEC. 16. Exemptions Applicable to Discharge of Sewage. – In addition 


 
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to the exemptions provided by Section 11, Section 10 shall not apply to the 
discharge of sewage under 
Annex IV of the Convention when the following conditions are satisfied: 
 
(a) 
Untreated, Non-comminuted and Non-disinfected Sewage: 
 
(1) the ship is proceeding en route at a speed of not less than 4 
knots; 
(2) the discharge is made when the ship is at a distance of not 
less than 15 nautical miles from the nearest land;  
(3) the untreated sewage is not discharged instantaneously but 
is discharged from the holding tank at a prescribed rate 
promulgated pursuant to Section 4 of this Act. 
 
(b) 
Comminuted and Disinfected Sewage: 
 
(1) the sewage discharged has been comminuted and 
disinfected using a system approved in accordance with the 
requirements promulgated pursuant to Section 4 of this Act, 
giving effect to paragraph 1.2 of Regulation 9 of Annex IV to 
the Convention; and, 
(2) the ship is at a distance of more than 3 nautical miles from 
the nearest land. 
 
(c) 
Sewage Stored in a Holding Tank or Spaces Containing Living 
Animals: 
 
(1) the ship is proceeding en route at a speed of not less than 4 
knots; and 
(2) the discharge is not instantaneously but is discharged at a 
prescribed rate promulgated pursuant to Section 4 of this Act. 
 
(d) 
Treated Sewage: 
 
(1) the sewage has been treated in a sewage treatment plant on 
the ship; 
(2) the PCG has certified that the sewage treatment plant meets 
the requirements promulgated pursuant to Section 4 of this 
Act, giving effect to paragraph 1.1 or 2.1 of Regulation 9 of 
Annex IV of the Convention; 
(3) the discharge is made when the ship is as far as practicable 
from the nearest land; and, 
(4) the effluent does not produce visible floating solids nor 
causes discoloration of marine water. 
 


 
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SEC. 17. Exemptions Applicable to Discharge of Sewage. – In addition 
to the exemptions provided by Section 11, Section 10 shall not apply to the 
discharge of garbage under Annex V of the Convention when the following 
conditions are satisfied: 
 
(a) 
Food Wastes: 
 
(1) the ship is proceeding en route; 
(2) in the case of food wastes discharged through a comminuter 
with a screen with no opening greater than 25 millimetres: 
 
i. the ship is at a distance of not less than 3 nautical miles from 
the nearest land if the ship is not alongside, or within 500 
meter of, a fixed or floating platform; or 
 
ii. the ship is at a distance of not less than 12 nautical miles 
from the nearest land, if the ship is alongside, or within 500 
metres of, a fixed or floating platform 
 
(b) 
Other Food Wastes, and Animal Carcasses: 
 
(1) the ship is proceeding en route at a distance of not less than 
12 nautical miles from the nearest land; and 
 
(2) the ship is not alongside, or within 500 metres of, a fixed or 
floating platform 
 
(c) 
Cargo Residues: 
 
(1) the ship is proceeding en route at a distance not less than 12 
nautical miles from the nearest land; 
 
(2) the ship is not alongside, or within 500 meters of, a fixed or 
floating platform; and 
 
(3) the garbage is cargo residues that cannot be recovered using 
commonly available methods for unloading; 
 
SEC. 18. Use or Carriage of Fuel Oil with Violative Sulfur Content. – In 
case of fuel oil with a sulfur content of exceeding the standards of set pursuant 
to Sec. 4 of this Act, its use as fuel on board a ship, or its carriage on board for 
the said purpose shall be prohibited. 
 
In addition to exemptions under Sec. 12, the prohibition shall not apply 
when the following conditions are satisfied: 


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


 
18
SEC. 22. Reception Facilities. – Port authorities shall ensure that public 
and private ports and terminal ports in the Philippines are appropriately and 
adequately provided with facilities to meet the needs of ships for the reception 
of the following substances under the annexes of the Convention: 
 
(a) 
oily bilge water; oily residues (sludge); oily tank washings (slops); 
dirty ballast water; and scale and sludge from tank cleaning under 
Annex I; 
 
(b) 
cargo residues containing noxious liquid substances as defined in 
MARPOL Annex II; or ballast water, tank washings or other 
mixtures containing such substances under Annex II; 
 
(c) 
sewage under Annex III; 
 
(d) 
garbage, including plastics, food wastes, domestic wastes, cooking 
oil, incinerator ashes, operational wastes, animal carcasses, fishing 
gear, E-waste, cargo residues not harmful to the marine 
environment and cargo residues harmful to the marine 
environment under Annex V; and, 
 
(e) 
ozone-depleting substances and equipment containing such 
substances, and exhaust gas cleaning residues under Annex VI 
 
For this purpose, port authorities shall: 
 
(a) 
determine and establish the most effective and efficient means for 
meeting internationally-accepted requirements with respect to 
reception facilities in public and private ports without causing such 
ships undue delay; 
 
(b) 
formulate and implement an integrated waste management system 
for the use and operation of reception and treatment facilities in 
coordination with the DENR and the PCG; and, 
 
(c) 
coordinate with the DENR and concerned local government units 
(LGUs) on the proper handling and disposal of wastes collected at 
ports. 
 
Port authorities may enter into agreements with private entities which 
were selected through public bidding processes in relation to the establishment 
and operation of reception and treatment facilities upon verification of 
compliance with standards established for said facilities by the DENR pursuant 
to the Convention. 
 


 
19
SEC. 23. Use of Reception Facilities. – Pursuant to the regulations issued 
by the DOTr, all ships entering or availing the services of ports, terminals and 
repair reports shall use reception facilities established pursuant to Section 22, 
subject to the integrated waste management system to be established by port 
authorities. Regulations shall consider the fast turnover, or undue delay of 
ships in order to determine the necessity of the use of facilities in any port or 
terminal. 
 
SEC. 24. Denial of Entry. – Should there be a probability that a foreign-
flagged ship has violated or may violate the requirements of this Act, or the 
rules and regulations promulgated therefor, the ship may be denied entry to 
any port in the Philippines. 
 
SEC. 25. Detention of Ships. – Ships shall be detained in any of the 
following cases: 
 
(a) 
The fine or fines imposed on ship, owner or manager of the ship 
pursuant to Chapter 5 of this Act, except those imposed for 
violations of administrative regulations under Sections 27 to 35 and 
38 of this Act, have not been paid; 
 
(b) 
The condition of the ship does not substantially correspond with 
what is stated in the ship’s certificates; 
(c) 
The ship does not hold valid ship certificates; 
 
(d) 
There are reasonable or probable grounds to believe that: 
 
(1) 
the ship incurred a pollution cost liability under this Act; 
 
(2) 
the ship violated any of the requirements of this Act or rules 
and regulations promulgated therefore; and 
 
(3) 
the ship caused harm or damage or exhibited a reasonable 
environmental threat to 
(4) 
the marine environment. 
 
A ship may be released pursuant to Section 43 of this Act. 
 
CHAPTER 5 
FINES, PENALTIES, AND LIABILITIES 
 
SEC. 26. Imposition of Finances, Penalties and Liabilities. - Except for 
fines and penalties for violations under Section 36 and 37 of this Act, all fines 
and penalties shall be imposed pursuant to Section 43 of this Act on the owner, 
master, agent or manager of the ship found to be liable under this Chapter. The 


 
20
owner, master, agent or manager of the ship responsible shall be jointly and 
severally liable. 
 
For this purpose, an appropriate fine rating system shall be established by 
the MPAB, taking into consideration degree of willfulness, negligence or 
recalcitrance of the master, owner or manager of the ship, their history of 
noncompliance, gross tonnage of the ship, and the gravity of the damage 
caused by the ship to the environment. 
 
SEC. 27. Discharge of Emission of Harmful Substances. – A ship that is 
found to have 
discharged or emitted harmful substances under Section 10 of this Act shall be 
liable to pay the following fines: 
 
(a) 
In the case of a Philippine ship: 
 
(1) 
For oil under paragraph (a) of Section 11 of this Act – not 
less than Two hundred thousand pesos (Php 200,000.00) but 
not more than Ten million pesos (Php10,000.00); 
 
 
(2) 
For noxious liquid substances or harmful substances in 
packaged form under paragraphs (b) and (c) of Section 11 of 
this Act – not less than Two hundred thousand pesos 
(Php200,000.00) but not more than Ten million pesos 
(Php10,000,000.00); 
 
(3) 
For sewage or garbage under paragraphs (e) and (f) of 
Section 11 of this Act not less than Fifty thousand pesos 
(Php50,000.00) but not more than Two million pesos 
(Php2,000,000.00); and 
 
(4) 
For other harmful substances as defined in this Act – not less 
than Two hundred thousand pesos (Php200,000.00) but not 
more than Ten million pesos (Php10,000,000.00). 
 
(b) 
In the case of Philippine ship engaged in international trade and 
foreign-flagged ship: 
 
(1) 
For oil or oily mixture under paragraph (a) of Section 11 of 
this Act – not less than Fifty thousand US dollars 
(US$50,000) but not more than Five million US dollars 
(US$5,000,000), or its equivalent in Philippine pesos; 
 
(2) 
For noxious liquid substances or harmful substances in 


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


 
22
 
SEC. 32. Operating Without the Required Certification. – A ship that is 
operated or is allowed to operate without the certification required under this 
Act or the Convention shall be detained and shall be liable for a fine of not less 
than Ten thousand pesos (Php10,000.00) but not more than Five hundred 
thousand pesos (Php500,000.00). 
 
SEC. 33. Violation of Detention Order. - A ship that proceeds to sea in 
violation of a detention order issued pursuant to Section 16 hereof shall be 
liable to the following fines: 
 
(a) 
Philippine ship – not less than Ten thousand pesos (Php10,000.00) 
but not more than One million pesos (Php1,000,000.00); and 
 
(b) 
Philippine ship engaged in international trade and foreign-flagged 
ship – Not less than Five million US dollars (US$5,000,000.00), or 
its equivalent in Philippine pesos. 
 
SEC. 34. Continuing Violation. – A ship that continuously discharges or 
emits harmful substances in violation of Section 11 of this Act, shall be held 
liable for the fines stipulated under Section 27. Likewise, it shall be made liable 
to pay an additional fine of not less than Ten thousand pesos (Php10,000.00) 
but not more than Two hundred thousand pesos (Php200,000.00) for every day 
or part thereof during which the violation continues to be committed. 
 
SEC. 35. Obstruction of Investigation. – Any person who, without 
justifiable reason, obstructs or hampers the conduct of an investigation of a 
violation of this Act shall be liable to pay a fine of not less than Ten thousand 
pesos (Php10,000.00) but not more than One hundred thousand pesos 
(Php100,000.00). 
 
SEC. 36. Neglect of Duty. - Any government official or employee charged 
with the responsibility of enforcing any provision of this Act, who is found 
guilty of gross negligence of duty, shall be dismissed from the service with 
prejudice to reinstatement. Neglect of duty shall be prosecuted in accordance 
with existing laws. 
 
SEC. 37. Connivance in Violation of this Act. – Any government official 
or employee tasked with the responsibility of enforcing and/or implementing 
any provision of this Act who connives with the ship owner, master or manager 
of a ship or any person to violate, or permits the commission of, any violation 
of this Act shall be dismissed from the service and shall be jointly and severally 
liable with any person found to be liable for the fine imposed pursuant to this 
Act. 
 


 
23
SEC. 38. Violations of Administrative Regulations. – Any person who 
commits or omits acts in violation of rules and regulations issued by concerned 
agencies pursuant to this Act, unless the violations are otherwise covered 
under Section 27 to 35 hereof, shall be liable 
to the following fines: 
 
(a) 
Philippine ship: 
 
(1) 
First violation – a fine of not less than One thousand pesos 
(Php1,000.00) but not more than One hundred thousand 
pesos (Php100,000.00); 
 
(2) 
Second violation – a fine more than One hundred thousand 
pesos (Php100,000.00) but not more than Two hundred 
thousand pesos (Php200,000.00); and 
 
(3) 
Third violation – a fine more than Two hundred thousand 
pesos (Php200,000.00) but not more than One million pesos 
(Php1,000,000.00) and the suspension of vessel safety 
certificate for six (6) months to one (1) year. 
 
(b) 
Philippine ship engaged in international trade and foreign-flagged 
ship – One thousand US dollars (USD 1,000.00) to Four million US 
dollars (USD 4,000,000.00) 
 
The concerned agency shall promulgate rules and regulations for the 
summary imposition of administrative sanctions, subject to due process, for 
failure to comply with any order, decision, rules and regulations of the MPAB 
issued pursuant to this Act. 
 
SEC. 39. Periodic Review of Penalties and Fines. – The fines prescribed 
in this Act shall be periodically reviewed and any changes or increases will be 
approved by the MPAB prior to its implementation. 
 
SEC. 40. Clean-up Operations. – In the event harmful substances, under 
Section 11 of this Act are discharged or emitted from any ship into Philippine 
maritime zones or into any part of the sea or waters outside Philippine waters 
but such substances subsequently flowed or drifted into Philippine maritime 
zones, or into the Philippine atmosphere, the PCG, in coordination with other 
agencies concerned, shall be responsible for the cleanup and containment of 
discharged substances, and the prevention or mitigation of the resulting 
damage to the environment , human health, tourist and fishing industries, 
public and private properties: Provided, That the necessary initial cleanup and 
containment shall be made by the owner of the ship which discharged or cause 
the discharge of such harmful substances. 


 
24
 
SEC. 41. Cost Liability for the Discharge or Emission of Harmful 
Substances. – The owner of the ship liable for the discharge of harmful 
substances under Section 40 hereof shall be primarily responsible for the 
following pollution costs: 
 
(a) 
Reasonable expenses that the PCG and other agencies concerned 
may reasonably undertake or has undertaken pursuant to Section 
40; and, 
 
(b) 
Environmental damages and/or other reasonable measures taken 
for environmental rehabilitation. 
 
In case the responsibility for the above pollution cost liability falls on two 
(2) or more ships, and the liability of each of the owners thereof cannot be 
reasonably distinguished from that of the other, each of the owners shall be 
jointly and severally liable for the whole amount of the cost. 
 
Republic Act. No. 9483, otherwise known as the Oil Pollution 
Compensation Act of 2007, shall govern the civil liability for the discharge of 
oil, including the oily mixture, discharged as part of the incident under the said 
Act. 
 
Reimbursement of the cost incurred shall be made to the MEMF or to such 
other funds where disbursements were sourced. 
 
SEC. 42. Informer’s Reward. – Any person with the exception of the 
officials or employees of the DOT, the DENR, the LGUs, the MARINA, the PCG 
or port authority or their relatives with the sixth degree of consanguinity, who 
voluntarily gives definite and sworn information not yet in the possession of 
the MARINA or the PCG, leading to the discovery of the violation of this Act 
and resulting in the imposition of fines or fees, or conviction of the guilty party 
of any of the fines or penalties, shall be rewarded a sum equivalent to ten 
percent (10%) of the fines or fees paid or recovered. 
 
CHAPTER 6 
Adjudication of Marine Pollution Cases 
 
SEC. 43. Filing of Complaint. – Within a reasonable period following an 
apprehension, or a discovery or determination of violations under Sections 27 
to 35 and 38 of this Act, appropriate complaint, with recommended fine, shall 
be filed with the DHO of the PCG against an owner, master, agent or manager 
of the ship. The DHO shall issue the Resolution on the complaint, in summary 
proceeding, upon receipt thereof. 
 


 
25
All Resolutions of the DHO shall be immediately executory: Provided, 
That all resolutions of the DHO may be appealed to the MPAB within fifteen 
(15) days from the receipt thereof: Provided, further, That under exceptional 
circumstances, the MPAB may, at its own instance, review or determine 
whether the fine imposed in the Resolution of the DHO is fair to the 
government, and, henceforth, issue an Order imposing the appropriate fine. 
 
Pending review or appeal of the Resolution of the DHO, the ship may be 
released pursuant to Section 25 of this Act when any of the following conditions 
are satisfied: 
 
(a) 
the ship has paid the fines imposed by the DHO; 
 
(b) 
the ship has posted adequate cash bond, insurance guarantee, or 
protection indemnity guarantee or a combination thereof to cover 
the liability of the owner, master or agent of the ship as approved 
by the DHO is posted with the Office of the DHO; 
 
(c) 
the ship has issued an undertaking that the fines imposed by the 
MPAB shall be forthwith settled in the event the MPAB determined 
the payment of a higher fine; and, 
 
(d) 
the ship has complied with the regulation, or employed 
appropriate method, device, or structural remedies that will 
prevent the causes of pollution as certified by the PCG. 
 
For this purpose, the DOTr shall designate a District Hearing Officer 
(DHO) for each district of the PCG: Provided, That the person to be designated 
is a commissioned officer of the PCG and a Member of the Philippine Bar 
engaged in the practice of law for at least five (5) years: Provided, further, That 
the DHO shall have a rank with a pay grade of at least an Officer-5 upon 
appointment or within three (3) years following the effectivity of this Act, 
pursuant to the transitory guideline issued therefor by the DOTr: Provided, 
finally, That the hearing officer when acting as such shall follow the canons of 
judicial conduct mutatis mutandis. 
 
SEC. 44. Marine Pollution Adjudication Board. – There is hereby 
constituted a Marine Pollution Adjudication Board (MPAB) vested with quasi-
judicial powers under the Office of the DOTr Secretary. It shall be composed of 
the following members: 
 
(a) 
Secretary of the DOTr, or his duly authorized permanent 
representative, as Chairperson; 
 
(b) 
Commandant of the PCG, or his duly authorized permanent 


 
26
representative; 
 
(c) 
Administrator of the MARINA, or his duly authorized permanent 
representative; 
 
(d) 
General Manager of the PPA, or his duly authorized permanent 
representative; 
 
(e) 
Director of the Environmental Management Bureau of the DENR, or 
his duly authorized permanent representative; 
 
(f) 
A permanent representative endorsed by the Association of Masters 
and Mates; 
 
(g) 
A permanent representative endorsed by the Marine Engineers 
Association; 
 
(h) 
A member of the Philippine Bar duly endorsed by the Integrated Bar 
of the Philippines (IBP); 
 
(i) 
A member of the Sea Transport Association; and, 
 
(j) 
A representative of civil society with recognized advocacy on the 
protection of marine environment. 
 
The grant of honoraria to members of the MPAB shall be subject to 
existing laws, accounting and auditing rules and regulations. 
 
SEC. 45. Powers and Functions. – The MPAB shall have the following 
powers and functions: 
 
(a) 
Review Resolutions of the DHO pursuant to Section 43 of this Act; 
 
(b) 
Conduct hearings whenever necessary, even in the absence of any 
party thereto who has been summoned or served with notice to 
appear, refer technical matters or accounts to an expert and to 
accept the experts’ reports thereon as evidence after hearing of the 
parties upon due notice, direct parties to be joined in or excluded 
from the proceedings, correct amend or waive any error, defect or 
irregularity, whether in substance or in form, and give all such 
directions as it may deem necessary or expedient in the 
determination of the cases before it; 
 
(c) 
Promulgate and adopt its own rules of procedure under this 
Chapter. It shall not be strictly bound by the Rules of Court but 


 
27
shall proceed to hear and decide cases in a most expeditious 
manner, employing all reasonable means to ascertain the facts of 
every case in accordance with justice and equity and the merits of 
the case; 
 
(d) 
Summon witnesses, administer oaths, take testimony, require 
submission of reports, compel the production of books and 
documents and answers to interrogatories and issue subpoena 
duces tecum and to enforce its writs through sheriffs or other duly 
deputized officers; 
 
(e) 
Punish direct contempt in the same manner and subject to the same 
penalties as provided in the Rules of Court; 
 
(f) 
Enjoin any or all acts involving or arising from any case depending 
before it which if not restrained forthwith, may cause grave or 
irreparable damage to any of the parties to the case or seriously 
affect social or economic stability; 
 
(g) 
Issue orders and decisions to compel compliance with the 
provisions of this Act and the Convention and issuances or 
decisions of the MPAB; 
 
(h) 
Deputize in writing or request assistance to appropriate 
government agencies or instrumentalities for the purpose of 
enforcing its decisions; and, 
 
(i) 
Issue an ex parte order directing the discontinuance of the 
discharge of substances the cause marine pollution, or the 
temporary suspension or cessation of operation of operation of the 
equipment, 
project 
or 
activity 
and 
other 
acts 
causing 
environmental degradation, generating pollutants or wastes, 
without the necessity of a previous public hearing: Provided, That 
the ex parte order shall be issued only in case of immediate threat 
to life or property, public health, safety or welfare or to animal or 
plant life, or exceeds the allowable environmental standards. The 
ex parte order shall be immediately executory and shall remain in 
force and effect until this is modified or lifted by the MPAB. 
 
SEC. 46. Finality of Determination. – Any case or controversy before the 
MPAB shall be decided by majority of all its members within thirty (30) days 
after it is submitted for resolution. Only one (1) motion for reconsideration shall 
be allowed. Unless an appeal is perfected and a cash bond equivalent to the 
fine imposed is deposited, any order, decision or ruling issued by the MPAB 
shall be final and executory. 


 
28
 
SEC. 47. Appeals on the Judgment of MPAB. – Decision, final order or 
judgment of the MPAB may be appealed to the Court of Appeals under Rule 
43 of the Rules of Court of the Philippines. 
 
CHAPTER 7 
Miscellaneous Provisions 
 
SEC. 48. Ship Pollution Prevention Program. – The DOTr, in 
coordination with concerned agencies and stakeholders, shall establish and 
lead the implementation of a program to effectively prevent pollution from 
ships and ensure compliance with the regulations under MARPOL. The 
program shall include, among others: (a) awareness building and capacity 
building; (b) data base development and management; (c) establishment and 
operation of 
reception facilities; (d) implementation of marine environment protection 
activities; and (e) 
research and development. 
 
SEC. 49. Implementing Rules and Regulations. – The Department and 
the concerned agencies shall promulgate the implementing rules and 
regulations for this Act within one (1) year after the enactment of this Act. The 
proposed implementing rules and regulations shall be subjected to public 
consultations with affected sectors. The DOTr shall ensure that functions of the 
implementing agencies and rules and regulations promulgated prior to and 
after the effectivity of this Act are devoid of any duplication or inconsistency. 
 
The rules and regulations issued by other government agencies and 
instrumentalities for the prevention of marine pollution not inconsistent with 
and appropriate to the implementation of this Act shall supplement the rules 
and regulations issued by the Department pursuant to this Act. 
 
SEC. 50. Joint Congressional Oversight Committee (JCOC). – The Joint 
Congressional Oversight Committee created under Section 33 of Republic Act. 
No. 9275 or the Philippine Clean Water Act of 2004 shall also monitor the 
implementation of this Act and review the implementing rules and regulations 
promulgated by the DOTr. 
 
The JCOC shall continue to exist or a period not exceeding five (5) years 
from the effectivity of this Act and thereafter, its oversight functions shall be 
exercised by the Committee on Environment of the Senate and the Committee 
on Ecology of the House of Representatives, acting separately. 
 
The Secretariat of the Congressional Oversight Committee shall come 
from the secretariat personnel of the Committees of the Senate and the House 


 
29
of Representatives comprising the JCOC. 
 
SEC. 51. Marine Environmental Management Fund (MEMF). – There is 
hereby established a Marine Environmental Management Fund (MEMF) to be 
administered by the MPAB. The MEMF shall be sourced from the following: 
 
(a) 
Fees, charges and fines imposed pursuant to this Act; 
(b) 
Donations, endowments, grants and contributions; and, 
(c) 
Amounts specifically appropriated for the MEMF under the 
annual General 
(d) 
Appropriations Act. 
 
The MEMF shall be utilized for the following activities: 
 
(a) 
Containment, removal and clean-up operations of the PCG in all 
marine pollution cases under the Convention; 
 
(b) 
Enforcement and monitoring activities of the MARINA, the PCG 
and port authorities of the Department and other relevant agencies: 
Provided, That ninety percent (90%) of the funds shall be 
maintained annually for the containment, removal and clean-up 
operations of the PCG in all cases of pollution from ships: 
Provided, further, That in no case shall the MEMF be used to fund 
personal services expenditures except for the compensation of 
those involved in cleanup 
(c) 
operations; and, 
 
(d) 
Capability building activities and initiatives of implementing 
agencies under this Act. 
 
SEC. 52. Appropriations. - The amount necessary to carry out the 
provisions of this Act shall be charged against the current year’s appropriations 
of the concerned agencies. Thereafter, such sums as may be necessary for the 
operation and maintenance of this Act shall 
be included in the General Appropriations Act. 
 
SEC. 53. Separability Clause. - In the event that any provision of this Act 
is declared unconstitutional, the validity of the remainder shall not be affected 
thereby. 
 
SEC. 54. Repealing Clause. – The fifth paragraph of Section 28 of the 
Philippine Clean Water Act and Section 22 of the Oil Pollution Compensation 
Act are hereby repealed. The Toxic Substances and Hazardous and Nuclear 
Wastes Control Act, the Marine Pollution Control Decree of 1974 and 1976 are 
hereby amended and modified accordingly. All laws, decrees, rules and 


 
30
regulations and executive orders contrary to or inconsistent with this Act are 
hereby repealed or modified accordingly. 
 
SEC. 55. Effectivity Clause. – This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in a newspaper of general 
circulation. 
 
Approved,