· ." 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
S. B. No. 2850 
Introduced by SENATOR SONNY M. ANGARA 
"15 
JUN 23 P5 :01 
rmn,j\(:iJ BY:_',j.~ 
AN ACT PREVENTING AND CONTROLLING POLLUTION FROM SHIPS AND PROVIDING 
PENALTIES THEREFOR 
EXPLANATORY NOTE 
The Philippines has one of the longest coastlines in the world at nearly 40,000 kilometers, It is a 
known source of goods-fish, oil, gas, minerals, salt, construction materials-jobs, and other 
sources of livelihood, Indeed, our coastal and marine ecosystems, which are estimated to 
contribute around 60 percent of the country's gross domestic product, play an important role in 
our socio-economic development 
Given our dependence on marine resources, the United Nations have warned of the ever-
increasing marine pollution loads from maritime and land-based activities, which could result in 
huge economic losses for countries like the Philippines, It could mean a decline in the quality of 
fish for food and loss of jobs for millions of Filipino fishermen and their families, 
Among the leading causes of massive marine pollution and damage are sub-standard ships and 
poor shipping practices which include release of oil and chemicals through accidental spills and 
operational discharges, release of biocides from toxic chemicals, dumping of waste such as 
garbage and sewage, among others, 
To reduce the impact of marine pollution to our ecosystems, this bill seeks to prevent and 
control pollution sourced from ships by enacting a national legislation that would implement 
International Convention for the Prevention of Pollution from Ships of 1973, as modified by the 
Protocol of 1978 relating thereto, otherwise known as MARPOL 73/78, to which the Philippines 
is a signatory. 
This proposed "Prevention of Pollution from Ships Act" seeks to strengthen and complement the 
enforcement of existing laws to better prevent or minimize marine pollution covering oily 
substances, harmful and toxic substances, garbage, sewage and other pollutants from ships 
and floating structures. It further seeks to harmonize institutional arrangements concerning 
marine pollution, and streamline the jurisdiction, responsibilities and functions of the Department 
of Transportation and Communication (DOTC), the Philippine Coast Guard (PCG), the Maritime 
Industry Authority (MARINA) and Philippine Ports Authority (PPA), 
In view of the foregoing, the immediate enactment of this measure is earnestly sought 
SENATOR SONNY M. ANGARA 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
SENATE 
2850 
s. B. No. ___ 
_ 
Introduced by SENATOR SONNY ANGARA 
"15 
JUN 23 P5:01 
AN ACT PREVENTING AND CONTROLLING POLLUTION FROM SHIPS AND PROVIDING 
PENALTIES THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
CHAPTER 1 
2 
GENERAL PROVISIONS 
3 
SECTION 1. 
Short Title. -
This Act shall be known as the "Prevention of Pollution from 
4 
Ships Act". 
5 
SEC. 2. Declaration of Policy. -
In pursuit of the constitutional mandate to protect and 
6 
advance the right of the people to a balanced and healthful ecology in accord with the rhythm and 
7 
harmony of nature, the State shall prevent and control pollution resulting from the operations of 
8 
ships. 
9 
It shall likewise implement the Convention as herein defined, including its amendments and 
10 
protocols that have been ratified by the Philippines. 
11 
SEC. 3. Definition of Terms. -
As used in this Act: 
12 
(a) Atmospheric discharges or emissions from ships refer to any discharge or emission of 
13 
nitrogen oxides, sulfur oxides, volatile organic compounds and other ozone depleting substances 
14 
when the discharges do not meet the requirements of the Convention; 
15 
(b) Chemical tanker refers to a ship constructed or adapted for the carriage in bulk of any 
16 
liquid product listed in the International Bulk Chemical Code or any noxious liquid substance; 
17 
(c) Coastal state refers to the relationship of the Philippines to a foreign-flagged vessel 
18 
traversing Philippine waters and its corollary right to exercise jurisdiction and regulatory control 
19 
over the vessel; 
20 
(d) Convention refers to: 
21 
(1) The International Convention for the Prevention of Pollution from Ships 1973, as 
22 
amended by the Protocol of 1978 or MARPOL 73/78; 
23 
(2) Protocol I and II of MARPOL 73/78; 


1 
(3) Annexes I, II, III, IV, V and VI, their relevant appendices, any technical code referred to, 
2 
as well as any amendment to any of these documents which may enter into force in accordance 
3 
with the procedure referred to in Article 16 of MARPOL 73/78; 
4 
(4) Any subsequent protocol of and amendment to the Convention which the Philippine 
5 
Government may ratify necessary to advance the purposes of this Act; and 
6 
(5) Any mandatory Code referred to in the Convention or any subsequent protocol to the 
7 
Convention which the Philippine Government may ratify or any amendment which may enter into 
8 
force in accordance with Article 16 of the Convention; 
9 
(e) Discharge refers to any release, however caused, of harmful substances from a ship, 
10 
including any escape, disposal, spilling, leaking, pumping, emitting or emptying of the substances, 
11 
except: 
12 
(1) Release of harmful substances directly arising from the exploration, exploitation and 
13 
associated off-shore processing of sea-bed mineral resources; or 
14 
(2) Release of harmful substances for purposes of legitimate scientific research on pollution 
15 
abatement or control; 
16 
(f) Dirty ballast refers to water carried in the cargo tank; 
17 
(g) Flag state refers to the relationship of the Philippines to vessels registered under its flag 
18 
and the corollary right to exercise jurisdiction and regulatory control over these vessels; 
19 
(h) Foreign-flagged ship refers to any ship registered in another State or authorized to fly its 
20 
flag, whether or not it is a State party to MARPOL 73/78, when found in any of the ports, terminal 
21 
facilities or waters within the jurisdiction or sovereignty of the Philippines; 
22 
(i) Garbage refers to all kinds of victuals, domestic and operational wastes, excluding fresh 
23 
fish and parts thereof, generated during the normal operation of the ship and liable to be disposed 
24 
of continuously or periodically; 
25 
U) Harmful substance in packaged form refers to those substances which are identified as 
26 
marine pollutants in the International Maritime Dangerous Goods (IMOG) Code and are held in 
27 
forms of containment specified for harmful substances in the IMOG Code. Other harmful 
28 
substances in package form shall include substances identified in accordance with the following 
29 
criteria as provided in the Convention: 
30 
(1) Those which are bio-accumulated to a significant extent and known to produce a hazard 
31 
to aquatic life or to human health; or 
32 
(2) Those which are bio-accumulated with attendant risk to aquatic organisms or to human 
33 
health with a short retention of the order of one (1) week or less; or 
34 
(3) Those which are highly toxic to aquatic life; 
35 
(k) Incident refers to an event involving the actual or probable discharge into the sea, or 
36 
emission into the atmosphere, of a harmful substance or effluents containing such a substance; 
37 
(I) Marine casualty refers to any accident or incident of navigation which results in producing 
38 
a harmful, deleterious or damaging effect upon the marine environment; 
2 


1 
(m)Master refers to any person having command or charge of any ship, including a boat 
2 
captain; 
3 
(n) Noxious liquid substance refers to any substance identified as such under the relevant 
4 
chapter of the International Bulk Chemical Code andlor provisionally assessed as such by Annex II 
5 
of the Convention; 
6 
(0) Oil refers to petroleum in any form including crude oil, fuel oil, sludge, oil refuse and 
7 
refined products, other than petrochemicals which are classified as noxious liquid substances in 
8 
accordance with Annex II of the Convention, and including substances listed under Annex I of the 
9 
Convention; 
10 
(p) Oily mixture refers to a mixture with any oil content; 
11 
(q) Oil tanker refers to a ship constructed or adapted primarily to carry oil in bulk in its cargo 
12 
spaces and includes combination carriers or any other tanker when it is carrying cargo or part 
13 
cargo of oil in bulk; 
14 
(r) Other harmful substance refers to any substance other than oil, noxious liquid 
15 
substances, harmful substances in package form, garbage, and sewage, which, if introduced into 
16 
the sea, is liable to create hazards to human health, harm living resources and marine life, damage 
17 
amenities or to interfere with other legitimate uses of the sea, and includes atmospheric discharges 
18 
and other substances identified as marine pollutants in the Convention, which may be subject to 
19 
control pursuant to the provisions of this Act and other relevant environmental laws of the 
20 
Philippines; 
21 
(s) Owner refers to the person registered as the owner of the ship or who assumes the 
22 
operation of the ship, or, in the absence of registration, the person owning the ship or the bareboat 
23 
charterer of the ship, and, in the case of a ship owned by a State and operated by a company 
24 
which in that State is registered as the ship's operator, "owner" shall include State; 
25 
(t) Philippine ship refers to any ship registered under the laws of the Philippines and entitled 
26 
to fly its flag wherever the ship may be; 
27 
(u) Philippine waters refer to the internal waters, archipelagic waters, territorial seas, waters 
28 
within the contiguous and exclusive economic zones; 
29 
(v) Port state refers to the relationship of the Philippines to a 
foreign-flagged vessel which 
30 
may be found in any of its ports, terminal facilities or harbors and its corollary right to exercise 
31 
jurisdiction and regulatory control over the vessel; 
32 
(w) Sewage refers to: 
33 
(1) Drainage and other wastes from any form of toilets and urinals; 
34 
(2) Drainage from medical premises including dispensary and sick bay through wash basins, 
35 
wash tubs and scuppers located in the premises; 
36 
(3) Drainage from spaces containing living animals; or 
37 
(4) Other waste waters when mixed with the drainages defined above; 
3 


1 
(X) Ship refers to a vessel of any type operating in the marine environment and includes 
2 
pleasure crafts, fishing vessels, hydrofoil boats, 
air-cushion vehicles, submersibles, floating 
3 
crafts, drilling rigs and fixed or floating platforms; and 
4 
(y) Undue delay refers to a delay that is unreasonable and unnecessary in light of the 
5 
particular conditions of the ship, the ship's cargo, destination and schedule, and in light of the 
6 
purpose and scope of the investigation, inspection or other cause for detaining the ship. 
7 
CHAPTER 2 
8 
SCOPE AND APPLICATION 
9 
SEC. 4. Scope and Application of this Act. -
Unless otherwise specified herein, this Act 
10 
shall apply to: 
11 
(a) All Philippine ships, wherever they may be; 
12 
(b) All foreign-flagged ships in Philippine waters, whether or not they are registered with 
13 
State parties to the Convention; and 
14 
(c) All other ships operating within Philippine waters: Provided, That the provisions of the 
15 
Convention setting forth technical requirements that ships must meet which are inapplicable or 
16 
impractical in Philippine local setting may be suspended or equivalents prescribed therefor upon 
17 
determination by the Department of Transportation and Communications (DOTC), subject to public 
18 
consultation: Provided, further, That nothing herein shall prevent the enactment of any law 
19 
providing for standards, requirements, or regulations higher than those provided for by the 
20 
Convention. 
21 
SEC. 5. Exemptions. -
This Act shall not apply to warships, naval auxiliary ships, and 
22 
man-of-war vessels: Provided, That all government or noncommercial ships shall be exempted 
23 
from the coverage of this Act during emergency response cases: Provided, however, That the 
24 
DOTC, through the Maritime Industry Authority (MARINA), the Philippine Coast Guard (PCG), the 
25 
Philippine Ports Authority (PPA), and other concerned agencies, shall adopt appropriate measures 
26 
that will ensure that these ships operate, so far as is reasonable and practicable, in a manner 
27 
consistent with this Act: Provided, final/y, That the measures will not impair the operational 
28 
capabilities of these ships. 
29 
4 


1 
CHAPTER 3 
2 
EXERCISE OF JURISDICTION OVER SHIPS 
3 
SEC. 6. Powers and Functions of the Department of Transportation and Communications 
4 
(DOTC). 
-
The DOTC shall be the principal government agency responsible for the overall 
5 
implementation and enforcement of this Act and any requirement of the Convention. For this 
6 
purpose, the Secretary of the DOTC shall exercise the following general powers and functions: 
7 
(a) Oversee the implementation of this Act and coordinate the efforts of concerned agencies; 
8 
(b) Formulate a comprehensive program to prevent or minimize marine pollution from ships 
9 
in coordination with the Department of Environment and Natural Resources (DENR), the 
10 
Department of Agriculture (DA), the Department of the Interior and Local Government (DILG), the 
11 
Department of Energy (DOE), port authorities and other relevant agencies and stakeholders; 
12 
(c) Constitute the Marine Pollution Adjudication Board (MPAB); 
13 
(d) Reorganize or streamline the functions of its different line, staff, and attached or bureaus, 
14 
authorities, or agencies for purposes of the effective and efficient implementation of the provisions 
15 
of this Act; and 
16 
(e) Exercise powers and perform other functions as may be necessary to carry out its duties 
17 
and responsibilities under this Act. 
18 
SEC. 7. Powers and Functions of the Maritime Industry Authority (MARINA). 
-
The 
19 
MARINA shall have the sole and exclusive authority and responsibility to ensure that 
20 
environmental and pollution regulations and standards for the construction and equipment of 
21 
Philippine vessels, before they are allowed to fly the Philippine flag, and/or as part of their 
22 
registration, are complied with. For this purpose, the MARINA shall have the following duties and 
23 
functions: 
24 
(a) Ensure that all Philippine ships are constructed and equipped with any fitting, material, 
25 
appliance or apparatus deemed appropriate and effective for the prevention of any discharge or 
26 
emission of harmful substances in consonance with the requirements of the Convention; 
27 
(b) Survey all Philippine ships for purposes of the provisions of the immediately preceding 
28 
paragraph, which function may be delegated to MARINA-recognized organizations through a 
29 
deputation process to be formulated pursuant to this Act: 
Provided, That, except for direct 
30 
replacement, no change in the ship's structure, equipment, fittings, arrangements and materials 
31 
shall be made without the approval of the MARINA; 
32 
(c) Issue the required statutory certificates to all Philippine ships; 
33 
(d) Review and revise, whenever appropriate, the existing system of certification, survey, 
34 
inspection and monitoring of ships, with respect to pollution prevention to ensure efficiency and 
35 
transparency, consistent with the overall management of the maritime sector and in accordance 
36 
with the requirements of the Convention; 
5 


1 
(e) Conduct surveys and issue certificates or endorsements to foreign ships registered with 
2 
another State party, if so requested by a State which is a party to the Convention; 
3 
(f) Require ships to keep and maintain relevant record books in accordance with the 
4 
Convention; 
5 
(g) Suspend, withdraw or revoke any certificate it may have issued to any Philippine ship 
6 
found not compliant with this Act and with rules and regulations promulgated therefor; 
7 
(h) Accredit, appoint and authorize recognized organizations to act on its behalf and, for this 
8 
purpose, execute the requisite memorandum of agreement defining the extent of powers that may 
9 
be exercised by the recognized organizations including the following: 
10 
(1) Perform and conduct statutory surveys on Philippine ships; 
11 
(2) Require repairs on a Philippine ship pursuant to findings resulting from port state 
12 
inspection; 
13 
(3) Carry out surveys requested by port state authorities; and 
14 
(4) Withdraw any statutory certificates if appropriate corrective action is not taken by the 
15 
Philippine ships; 
16 
(i) Provide the Intemational Maritime Organization (IMO) with a list of recognized 
17 
organizations authorized to act on behalf of the Philippines, together with the specific 
18 
responsibilities they are empowered to perform and the conditions of the authority delegated to 
19 
them; 
20 
(j) Impose, fix, collect and receive, in accordance with the duly approved schedules, fees 
21 
necessary for the survey and certification of ships pursuant to this section. The fees shall be 
22 
imposed and collected in order to recover the cost for rendering the service and shall not be used 
23 
in order to impose a penalty: Provided, That excessive fees, multiple fees and duplicative fees 
24 
shall at all times be avoided; 
25 
(k) Issue rules and regulations necessary to implement the provisions of this section: 
26 
Provided, That the rules and regulations shall be in consonance with the Convention and shall not 
27 
change or in any way amend or be contrary to the intent and purposes of this Act; 
28 
(I) Provide its officers and personnel with adequate training and continuing education to 
29 
ensure an efficient and professional pollution regulatory machinery; 
30 
(m) Impose and collect fees and charges in connection with the performance of its functions 
31 
under this section, which fees and charges shall accrue to the Marine Environmental Management 
32 
Fund (MEMF) established under Section 42 of this Act: Provided, That the fees shall be imposed 
33 
and collected in order to recover the cost for rendering the service and shall not be used in order to 
34 
impose a penalty: Provided, further, That excessive fees, multiple fees and duplicative fees shall at 
35 
all times be avoided; 
36 
(n) Hear, adjudicate and impose such fines and penalties on Philippine ships which shall fail 
37 
to comply with the rules and regulations issued pursuant to this section; and 
38 
(0) Exercise powers and perform other functions as may be necessary to carry out its duties 
39 
and responsibilities under this Act. 


1 
SEC. 8. Powers and Functions of the Philippine Coast Guard. -
Unless otherwise provided 
2 
under Section 9 of this Act, the Philippine Coast Guard (PCG) shall have the sole and exclusive 
3 
authority and responsibility to enforce environmental and pollution regulations and standards to all 
4 
ships which may be operating within Philippine waters, or in ports, terminal facilities or harbors. It 
5 
shall include the authority to board and inspect ships to ensure compliance with such regulations 
6 
and standards. 
7 
For this purpose, the PCG shall have the following duties and functions: 
8 
(a) Ensure that all ships are operated and certificated in accordance with the requirements of 
9 
the Convention; 
10 
(b) Inspect the certificates and record books required of any ship pursuant to Section 12 of 
11 
this Act; 
12 
(c) Conduct a physical inspection of the ship if there should be clear grounds for believing 
13 
that the condition of the ship or its equipment does not correspond substantially with what is stated 
14 
in the ship's certificates; 
15 
(d) Investigate any complaint involving the alleged violation of the Convention committed by a 
16 
ship regardless of source of the complaint or the location of the violation and request the 
17 
submission of evidence which the complainant may have regarding the alleged violation; 
18 
(e) Request the assistance of any other State whose cooperation may be useful to the 
19 
investigation against a ship; 
20 
(f) Detain a ship pursuant to Section 16 of this Act; 
21 
(g) Require a ship to proceed to the nearest repair yard and ensure that the ship does not 
22 
leave until it can proceed to sea without posing an unreasonable threat or harm to the marine 
23 
environment; 
24 
(h) Initiate proceedings against any person for violation of this Act when sufficient evidence 
25 
exists with respect to the alleged violation; 
26 
(i) Inform the complainant and the IMO of the results of the investigation and any action 
27 
taken against the ship operator of the Philippine ship in respect of any alleged violation; 
28 
U) Deny entry of a foreign-flagged ship to any Philippine port or terminal facility if it fails to 
29 
comply with the requirements of the Convention; 
30 
(k) Coordinate with, and inform, the diplomatic representative of the State, or the flag state 
31 
administration, of any violation of the foreign ship and any action taken against the ship; 
32 
(I) Inspect, verify and investigate a ship if it has discharged any harmful substance into the 
33 
marine environment under any of the following circumstances: 
34 
(1) It has reasonable grounds to believe that a discharge has occurred in Philippine waters; 
35 
(2) It receives a report from another coastal state; or 
36 
(3) It receives a request from the flag state; 
7 


1 
(m) Forward the report of any violation committed by the ship, with respect to any discharge 
2 
of harmful substances into the marine environment, to the ship's flag state administration, together 
3 
with any evidence it may have; 
4 
(n) Immediately inform any affected coastal state of the discharge; 
5 
(0) Ensure that the ship is not unduly delayed or detained; 
6 
(p) Order into port any ship found in the territorial seas if there are clear grounds to believe 
7 
that the ship has discharged harmful substances into the marine environment; 
8 
(q) Establish procedures for reporting incidents involving any actual or probable discharge or 
9 
emission which may be in violation of this Act and of the requirement of the Convention consistent 
10 
with the reporting req uirements under this Act; 
11 
(r) Require all ships and aircrafts registered under the Philippine flag to immediately report 
12 
any marine casualty witnessed while navigating; 
13 
(s) Upon inquiry or investigation, cause or recommend regulatory or other appropriate 
14 
actions to be taken in connection with any violation of the provisions of this Act; 
15 
(t) Cooperate with the government of other States which are members of international 
16 
organizations on the prevention of pollution from ships concerning the detection of violations and 
17 
enforcement of this Act using all appropriate and practicable measures of detection and 
18 
environmental monitoring, adequate procedures for reporting and accumulation of evidence; 
19 
(u) Provide its officers and personnel with adequate training and continuing education to 
20 
ensure an efficient and professional pollution regulatory machinery; 
21 
(v) Adopt a continuing information campaign on marine resources protection aimed at 
22 
developing public awareness of the health hazards and other adverse effects of ship pollution; 
23 
(w) Administer the MEMF; 
24 
(x) Issue such rules and regulations necessary to implement the provisions of this Act: 
25 
Provided, That the rules and regulations shall be in consonance with the Convention and shall not 
26 
change or in any way amend or be contrary to the intent and purposes of this Act; and 
27 
(y) Exercise powers and perform other functions as may be necessary to carry out its duties 
28 
and responsibilities under this Act. 
29 
SEC. 9. Role of the Department of Environment and Natural Resources (DENR). -
For 
30 
purposes of this Act, the DENR shall have the following powers and functions: 
31 
(a) Provide technical assistance on pollution prevention to the concerned government 
32 
agencies in the implementation of this Act; 
33 
(b) Establish guidelines for the identification of harmful substances in packaged form in 
34 
accordance with the guidelines and listings provided by the IMDG Code in coordination with the 
35 
PCG, PPA and other port authorities; 
36 
(c) Set effluent and emission standards for ships in accordance with the requirements of the 
37 
Convention; 


1 
(d) For floating crafts, drilling rigs and fixed or floating platforms, and vessels which primarily 
2 
operate or undertake business, commercial, or industrial activities while anchored, the DENR shall 
3 
enforce, in coordination with the PCG, the applicable provisions of Presidential Decree No. 1586, 
4 
otherwise known as the Environmental Impact Statement System law; Republic Act No. 8749, 
5 
otherwise known as the Philippine Clean Air Act of 1999; and Republic Act No. 9275, otherwise 
6 
known as the Philippine Clean Water Act of 2004; and 
7 
(e) Monitor, in coordination with the PCG, hazardous and radioactive wastes being 
8 
transported by ships in the country, and prevent the disposal thereof and/or the entry of ships 
9 
carrying the same. 
10 
CHAPTER 4 
11 
PREVENTION OF POLLUTION FROM SHIPS 
12 
SEC. 10. Prohibition of Discharge or Emission of Harmful Substances. -
It shall be unlawful 
13 
for any person to discharge or emit the following substances from any Philippine ship, or from any 
14 
other ship while it is within Philippine waters: 
15 
(a) Oil, whether carried as cargo or as bunker; 
16 
(b) Oily mixture, whether generated from cargo operations or from machinery spaces; 
17 
(c) Noxious liquid substances carried in bulk; 
18 
(d) Harmful substances in packaged form; 
19 
(e) Sewage; 
20 
(f) Garbage; and 
21 
(g) Other harmful substances, whether generated during the operation of the ship or not. 
22 
The provisions of this section shall not apply in the following cases: 
23 
(I) The discharge or emission is necessary for the purpose of securing the safety of a ship 
24 
and those on board or saving life at sea; or 
25 
(2) The discharge results from unintentional damage to the ship or its equipment, and all 
26 
reasonable precautions have been taken after the occurrence of the damage or the discovery of 
27 
the discharge for the purpose of preventing or minimizing the discharge, unless the master, owner 
28 
or agent of the ship acted either with intent to cause damage or recklessly and with knowledge that 
29 
damage would probably result; or 
30 
(3) The discharge is for the purpose of combating specific pollution incidents in order to 
31 
minimize the damage from pollution. 
32 
For this purpose, the DOTC shall promUlgate rules and regulations to implement the 
33 
immediately preceding paragraph as regards its application in general, or with respect to the 
34 
following considerations in consonance with the requirements of the Convention: 
35 
(i) 
Classes of ships; 
9 


1 
(ii) Descriptions of harmful substances; 
2 
(iii) Disposal or discharge of these substances in prescribed circumstances; and 
3 
(iv) Areas of the sea. 
4 
SEC. 11.lmmediate Report of Discharges of Harmful Substances. 
If any actual or 
5 
probable discharge of any harmful sUbstance occurs from any Philippine ship into any part of the 
6 
sea or atmosphere, the master shall immediately report the incident to the nearest affected coastal 
7 
state and to the DOTC. 
8 
If any actual or probable discharge of any harmful substance occurs from any Philippine ship 
9 
or foreign-flagged ship while it is operating in Philippine waters, the master of the ship shall 
10 
immediately report the incident to the PCG. The PCG shall immediately inform any affected coastal 
11 
state. If a foreign-flagged ship is involved, the PCG shall immediately inform the flag state of the 
12 
ship. 
13 
If the master of the ship fails to report the incident, or the discharge occurs in circumstances 
14 
where the ship has been abandoned, the owner, charterer, manager and operator of the ship, or 
15 
the agent of the owner, charterer, manager and operator of the ship shall, without delay, report the 
16 
incident to the DOTC. 
17 
SEC. 12.Record Books. -
Philippine ships and all ships within Philippine waters shall 
18 
maintain on board record books in the English language, whether as part of their official logbook or 
19 
not. For this purpose: 
20 
(a) Every oil tanker which is one hundred fifty (150) gross tonnage or more and every ship, 
21 
other than an oil tanker which is four hundred (400) gross tonnage or more shall be provided with, 
22 
and shall be required to maintain, an Oil Report Book Part I for Machinery Space Operations in 
23 
accordance with the requirements of the Convention; 
24 
(b) Every oil tanker which is one hundred fifty (150) gross tonnage or more shall be provided 
25 
with, and shall be required to maintain, an Oil Record Book Part II for Cargo/Ballast Operations in 
26 
accordance with the requirements of the Convention; 
27 
(c) Every chemical tanker shall be provided with, and shall be required to maintain, a Cargo 
28 
Record Book in accordance with the requirements of the Convention; and 
29 
(d) Every ship which is four hundred (400) gross tonnage or more and every ship which is 
30 
certified to carry fifteen (15) persons or more shall be provided with, and shall be required to 
31 
maintain, a Shipboard Garbage Management Plan in accordance with the requirements of the 
32 
Convention. 
33 
SEC. 13. 
Reception Facilities. -
Port authorities shall ensure that public and private 
34 
ports and terminal ports in the Philippines are appropriately and adequately provided with facilities 
35 
to meet the needs of ships for the reception of their oily residues, oily mixtures, dirty ballast, tank 
10 


1 
washing water, noxious liquid substances, sewage, garbage, ozone depleting substances, and 
2 
equipment containing these substances, and for cleaning of exhaust gases in consonance with this 
3 
Act and the requirements of the Convention. 
4 
For this purpose, port authorities shall: 
5 
(a) Determine and establish the most effective and efficient means for meeting 
6 
intemationally-accepted requirements with respect to reception facilities in public and private ports 
7 
without causing such ships undue delay; 
8 
(b) Formulate and implement an integrated waste management system for the use and 
9 
operation of reception and treatment facilities in coordination with the DENR and the PCG; and 
10 
(c) Coordinate with the DENR and concerned local government units (LGUs) on the proper 
11 
handling and disposal of wastes collected at ports. 
12 
Port authorities may accredit or enter into agreements with private entities in relation to the 
13 
establishment and operation of reception and treatment facilities upon verification of compliance 
14 
with standards established for said facilities by the DENR and the PCG. 
15 
SEC. 14. Use of Reception Facilities. -
All ships entering or availing the services of ports, 
16 
terminals and repair ports shall use reception facilities established pursuant to the immediately 
17 
preceding section, subject to the integrated waste management system to be established by port 
18 
authorities. 
19 
SEC. 15.Denial of Entry. -
Should there be a probability that a foreign-flagged ship has 
20 
violated or may violate the requirements of this Act, or the rules and regulations promulgated 
21 
therefor, the ship may be denied entry to any port in the Philippines. 
22 
SEC. 16. 
Detention of Ships. - Ships shall be detained in any of the following cases: 
23 
(a) The fine or fines imposed on ship, owner or operator of the ship pursuant to Chapter 5 of 
24 
this Act, except those imposed for violations of administrative regulations under Sections 27, 28 
25 
and 29 of this Act, have not been paid; 
26 
(b) The condition of the ship does not substantially correspond with what is stated in the 
27 
ship's certificates; 
28 
(c) The ship does not hold valid ship certificates; and 
29 
(d) There are reasonable or probable grounds to believe that: 
30 
(1) The ship incurred a pollution cost liability under Section 33 of 
this Act; 
31 
(2) The ship violated any of the requirements of this Act or rules and regulations promulgated 
32 
therefor; and 
33 
(3) The ship caused harm or damage or exhibited a reasonable environmental threat to the 
34 
marine environment. 
11 


1 
A ship detained under paragraph (d) of this section may be released after the owner of the 
2 
ship posts with the MPAB, established under Section 35 of this Act, an adequate cash bond, 
3 
insurance guaranty or protection indemnity guaranty, or a combination thereof, as approved by the 
4 
MPAB, to cover the liability of the owner, master or agent of the ship under this Act. 
5 
CHAPTER 5 
6 
FINES, PENALTIES AND LIABILITIES 
7 
SEC. 17. 
Imposition of Fines, Penalties and Liabilities. 
Except for fines and 
8 
penalties for violations of administrative regulations under Sections 27, 28 and 29 of this Act, all 
9 
fines and penalties imposed for violations of the provisions of this Chapter, or the Philippine Clean 
10 
Air Act and the Philippine Clean Water Act, whenever applicable, shall be imposed by the MPAB 
11 
established pursuant to Section 35 of this Act. 
12 
For this purpose, an appropriate fine rating system shall be established by the MPAB, taking 
13 
into consideration the degree of willfulness, negligence or recalcitrance of the master, owner or 
14 
operator of the ship, their history of noncompliance and the gravity of the damage caused by the 
15 
ship to the environment. 
16 
SEC. 18. 
Discharge or Emission of Harmful Substances. -
A ship which is found to 
17 
have discharged or emitted harmful substances under Section 10 of this Act shall be liable to pay 
18 
the following fines: 
19 
(a) In the case of a Philippine ship, unless the discharge or emission is committed and 
20 
appropriately fined in other States' jurisdiction: 
21 
(1) For oil or oily mixture under paragraphs (a) and (b) of Section 10 of this Act - not less 
22 
than two hundred thousand pesos (Php200,OOO.00) but not more than ten million pesos 
23 
(Php10,OOO,OOO.00); 
24 
(2) For noxious liquid substances or harmful substances in packaged form under paragraphs 
25 
(c) and (d) of Section 10 of this Act - not less than two hundred thousand pesos (Php200,OOO.00) 
26 
but not more than ten million pesos (Php10,OOO,OOO.00); 
27 
(3) For sewage or garbage under paragraphs (e) and (f) of Section 10 of this Act - not less 
28 
than fifty thousand pesos (Php50,OOO.00) but not more than two million pesos (Php2,OOO,OOO.00); 
29 
and 
30 
(4) For other harmful substances as defined in this Act - not less than two hundred thousand 
31 
pesos (Php200,OOO.00) but not more than ten million pesos (Php1 0,000,000.00); and 
32 
(b) In the case of a foreign-flagged ship: 
33 
(1) For oil or oily mixture under paragraphs (a) and (b) of Section 10 of this Act - not less 
34 
than fifty thousand US dollars (US$50,OOO) but not more than five million US dollars 
35 
(US$5,OOO,OOO), or its equivalent in Philippine peso; 
12 


1 
(2) For noxious liquid substances or harmful substances in packaged form under paragraphs 
2 
(c) and (d) of Section 10 of this Act - not less than fifty thousand US dollars (US$50,000) but not 
3 
more than three million US dollars (US$3,000,000), or its equivalent in Philippine peso; 
4 
(3) For sewage or garbage under paragraphs (e) and (f) of Section 10 of this Act - not less 
5 
than ten thousand US dollars (US$10,000) but not more than one million US dollars 
6 
(US$1,000,000), or its equivalent in Philippine peso; and 
7 
(4) For other harmful substances as defined in this Act - not less than fifty thousand US 
8 
dollars (US$50,000) but not more than five million US dollars (US$5,000,000), or its equivalent in 
9 
Philippine peso. 
10 
Any person directly or negligently responsible for the discharge or emission into Philippine 
11 
waters or atmosphere shall be liable for a fine of not less than five thousand pesos (Php5,000.00) 
12 
but not more than five million pesos (Php5,000,000.00) and, whenever appropriate, to the costs of 
13 
any measure reasonably taken in removing or eliminating the discharged or emitted substances. 
14 
Unless the fines and penalties established under the Environmental Impact Statement 
15 
System law, the Philippine Clean Air Act and the Philippine Clean Water Act are higher, the fines 
16 
set in this Act shall be imposed for floating crafts, drilling rigs and fixed or floating platforms, and 
17 
vessels which primarily operate or undertake business, commercial or industrial activities while 
18 
anchored. 
19 
SEC. 19. 
Failure to Maintain Record Books. - (a) A ship which operates or is allowed 
20 
to operate without record books required under Section 12 of this Act or fails to maintain said 
21 
record books on board shall be liable to pay a fine of two hundred thousand pesos 
22 
(Php200,000.00). 
23 
(b) Any person who fails to comply with the provisions of Section 12 of this Act or the rules 
24 
and regulations promulgated therefor shall be liable to pay a fine of not less than five thousand 
25 
pesos (Php5,000.00) but not more than two hundred thousand pesos (Php200,000.00). 
26 
(c) Any person who makes any false or misleading entry in the record books carried or kept 
27 
under Section 12 of this Act shall be liable to pay a fine of not less than ten thousand pesos 
28 
(Php10,000.00) but not more than five hundred thousand pesos (Php500,000.00). 
29 
SEC. 20.Refusal to Use Reception Facilities. - A ship which unjustifiably refuses to use 
30 
reception facilities shall be liable to pay a fine of not less than ten thousand pesos (Php1 0,000.00) 
31 
but not more than five hundred thousand pesos (Php500,000.00): Provided, That disposal of oil in 
32 
reception facilities shall be required upon determination by the PCG. 
33 
SEC. 21.Absence of and Noncompliance with Shipboard Garbage Management. -
If a ship 
34 
operates without a shipboard garbage management plan as required under the Convention or fails 
35 
to operate in accordance with such plan, it shall be liable to pay a fine of not less than ten 
36 
thousand pesos (Php10,000.00) but not more than two hundred thousand pesos (Php200,000.00). 


1 
SEC. 22. Unauthorized Change in the Ship's Structure, Equipment, Fittings, Arrangements 
2 
and Materials. -
Unless authorized under this Act or the Convention, any ship owner who made 
3 
or caused any change in the structure, equipment, fittings, arrangements, and materials of the ship 
4 
without the approval of the MARINA shall be punished by a fine of not less than ten thousand 
5 
pesos (Php1 0,000.00) but not more than one hundred thousand pesos (Php1 00,000.00). 
6 
SEC. 23. Operating Without the Required Certification. -
A ship which is operated or is 
7 
allowed to operate without the certification required under this Act or the Convention shall be 
8 
detained and shall be liable for a fine of not less than ten thousand pesos (Php1 0,000.00) but not 
9 
more than five hundred thousand pesos (Php500,000.00). 
10 
SEC. 24. 
Violation of Detention Order. -
A ship which proceeds to sea in violation of 
11 
a detention order issued pursuant to Section 16 hereof shall be liable to the following fines: 
12 
(a) Philippine ship - not less than ten thousand pesos (Php1 0,000.00) but not more than one 
13 
million pesos (Php1 ,000,000.00); and 
14 
(b) Foreign-flagged ship - not less than five thousand US dollars (US$5,000) but not more 
15 
than five million US dollars (US$5,000,000), or its equivalent in Philippine peso. 
16 
SEC. 25. Continuing Violation. -
A ship, which continuously discharges or emits harmful 
17 
substances in violation of Section 10 of this Act, shall be held liable for the fines stipulated under 
18 
Section 18. Likewise, it shall be made liable to pay an additional fine of not less than ten thousand 
19 
pesos (Php10,000.00) but not more than two hundred thousand pesos (Php200,000.00) for every 
20 
day or part thereof during which the violation continues to be committed. 
21 
SEC. 26. 
Obstruction of Investigation. -
Any person who shall, without justifiable 
22 
reason, obstruct or hamper the conduct of an investigation of a violation of this Act shall be liable to 
23 
pay a fine of not less than ten thousand pesos (Php10,000.00) but not more than one hundred 
24 
thousand pesos (Php100,000.00). 
25 
SEC. 27. Neglect of Duty. 
Any government official or employee charged with the 
26 
responsibility of enforcing any provision of this Act, who is found guilty of gross negligence of duty, 
27 
shall be dismissed from the service with prejudice to reinstatement. Neglect of duty shall be 
28 
prosecuted in accordance with existing laws. 
29 
SEC. 28. Connivance in Violation of this Act. - Any government official or employee charged 
30 
with the responsibility of enforcing andlor implementing any provision of this Act, who connives 
31 
with the ship owner, master or operator of a ship or any person to violate, or permits the 
32 
commission of, any violation of this Act, shall be dismissed from the service and shall be jointly and 
33 
severally liable with any person found to be liable for the fine imposed pursuant to this Act. 
34 
SEC. 29. 
Violations of Administrative Regulations. -
Any person who commits or 
35 
omits acts in violation of rules and regulations issued by concerned agencies pursuant to this Act, 
36 
unless the violations are otherwise covered under Sections 1 g to 28 hereof, shall be liable to the 
37 
following fines: 
14 


1 
(a) First violation - a fine of not less than one thousand pesos (Php1 ,000.00) but not more 
2 
than one hundred thousand pesos (Php100,000.00); 
3 
(b) Second violation - a fine of more than one hundred thousand pesos (Php100,000.00) but 
4 
not more than two hundred thousand pesos (Php200,000.00); and 
5 
(c) Third violation - a fine of more than two hundred thousand pesos (Php200,000.00) but 
6 
not more than one million pesos (Php1 ,000,000.00) and the suspension of vessel safety certificate 
7 
for six (6) months to one (1) year. 
8 
The concerned agency shall promulgate rules and regulations for the summary imposition of 
9 
administrative sanctions, subject to due process, for failure to comply with any order, decision, rule 
10 
or regulation of the Department issued pursuant to this Act. All administrative fines imposed by the 
11 
concerned agency pursuant to this Act shall accrue to the MEMF. 
12 
SEC. 30. 
Intentional Violation. 
In case the discharge or emission of harmful 
13 
sUbstances or toxic pollutants identified pursuant to Republic Act 
No. 6969, otherwise known as 
14 
the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990", is in toxic 
15 
amounts or is deliberate and willful, in violation of Section 10 of this Act, the offender, without 
16 
prejudice to the civil liability that may be imposed, shall be accordingly liable for a fine or 
17 
imprisonment of not less than six (6) years but not more than twelve (12) years, or both, at the 
18 
discretion of the court: 
19 
(a) Philippine ship - not less than fifty thousand pesos (Php50,000.00) but not more than 
20 
twenty million pesos (Php20,000,000.00); and 
21 
(b) Foreign-flagged ship - not less than fifty thousand US dollars (US$50,000) but not more 
22 
than eight million US dollars (US$8,000,000), or its equivalent in Philippine peso. 
23 
SEC. 31.Automatic Adjustment of Penalties and Fines. -
The fines prescribed in this Act 
24 
shall be automatically increased by ten percent (10%) every three (3) years from the effectivity of 
25 
this Act. 
26 
SEC. 32. Cleanup Operations. -
In the event harmful substances under Section 10 of this 
27 
Act are discharged or emitted from any ship into Philippine waters or into any part of the sea or 
28 
waters outside Philippine waters but such substances subsequently flowed or drifted into Philippine 
29 
waters, or into the Philippine atmosphere, the PCG, in coordination with other agencies concerned, 
30 
shall be responsible for the cleanup and containment of discharged substances, and the 
31 
prevention or mitigation of the resulting damage to the environment, human health, tourist and 
32 
fishing industries, public and private properties: Provided, That the necessary initial cleanup and 
33 
containment shall be made by the owner of the ship which discharged or caused the discharge of 
34 
such harmful substances. 
35 
SEC. 33. 
Cost Liability for the Discharge or Emission of Harmful Substances. -
The 
36 
owner of the ship liable for the discharge of harmful substances under Section 32 hereof shall be 
37 
primarily responsible for the following pollution costs: 
15 


1 
(a) Reasonable expenses that the PCG and other agencies concerned may reasonably 
2 
undertake or has undertaken pursuant to the immediately preceding section; and 
3 
(b) Environmental damages and/or other reasonable measures taken for environmental 
4 
rehabilitation. 
5 
In case the responsibility for the above pollution cost liability falls on two (2) or more ships, 
6 
and the liability of each of the owners thereof cannot be reasonably distinguished from that of the 
7 
other, each of the owners shall be jointly and severally liable for the whole amount of the cost. 
8 
Republic Act No. 9483, otherwise known as the "Oil Pollution Compensation Act of 2007", 
9 
shall govern the civil liability for the discharge of oil, including the oily mixture, discharged as part of 
10 
the incident under the said Act. 
11 
Reimbursement of the cost incurred shall be made to the MEMF or to such other funds 
12 
where disbursements were sourced. 
13 
SEC. 34. 
Informer's Reward to Persons Instrumental in the Discovery of Violations of 
14 
this Act. -
Any person with the exception of the officials or employees of the DOTC, the DENR, 
15 
the LGUs, the MARINA, the PCG or port authority or their relatives within the sixth degree of 
16 
consanguinity, who voluntarily gives definite and sworn information, not yet in the possession of 
17 
the MARINA or the PCG, leading to the discovery of the violation of this Act and resulting in the 
18 
imposition of fines or fees, or conviction of the guilty party of any of the fines or penalties, shall be 
19 
rewarded a sum equivalent to ten percent (10%) of the fines or fees paid or recovered. 
20 
CHAPTER 6 
21 
MARINE POLLUTION ADJUDICATION BOARD 
22 
SEC. 35. 
Marine Pollution Adjudication Board. -
There is hereby constituted a MPAB 
23 
vested with quasi-judicial powers under the Office of the DOTC Secretary. The Board shall have 
24 
sole and exclusive jurisdiction over all marine pollution cases as provided for in Section 17 of this 
25 
Act. It shall be composed of the following members: 
26 
(a) Secretary of the DOTC, or his duly authorized permanent representative, as Chairperson; 
27 
(b) Secretary of the DENR, or his duly authorized permanent representative; 
28 
(c) Administrator of the MARINA, or his duly authorized permanent representative; 
29 
(d) Commandant of the PCG, or his duly authorized permanent representative; 
30 
(e) General Manager of the PPA, or his duly authorized permanent representative; 
31 
(f) A permanent representative endorsed by the Association of Masters and Mates; 
32 
(g) A permanent representative endorsed by the Marine Engineers Association; 
33 
(h) A member of the Philippine Bar duly endorsed by the Integrated Bar of the Philippines 
34 
(IBP); and 
35 
(i) A member of the Sea Transport Association. 
16 


1 
The grant of honoraria to members of the MPAB shall be subject to existing laws, accounting 
2 
and auditing rules and regulations. 
3 
SEC. 36. 
Powers and Functions. - The MPAB shall have the following powers and 
4 
functions: 
5 
(a) To hear and decide cases falling under their jurisdiction pursuant to Section 17 of this Act; 
6 
(b) To conduct hearings on all matters within its jurisdiction, proceed to hear and determine 
7 
the disputes in the absence of any party thereto who has been summoned or served with notice to 
8 
appear; conduct its proceedings or any part thereof in public or in private; adjourn its hearings at 
9 
any time and place; refer technical matters or accounts to an expert and to accept the experts' 
10 
reports thereon as evidence after hearing of the parties upon due notice; direct parties to be joined 
11 
in or excluded from the proceedings; correct, amend or waive any error, defect or irregularity, 
12 
whether in substance or in form; give all such directions as it may deem necessary or expedient in 
13 
the determination of the dispute before it; and dismiss the dispute as part thereof, where it is trivial 
14 
or where further proceedings by the MPAB are not necessary or desirable; 
15 
(c) To promulgate and adopt its own rules of procedure. It shall not be strictly bound by the 
16 
Rules of Court but shall proceed to hear and decide all cases, disputes or controversies in a most 
17 
expeditious manner, employing all reasonable means to ascertain the facts of every case in 
18 
accordance with justice and equity and the merits of the case; 
19 
(d) To summon witnesses, administer oaths, take testimony, require submission of reports, 
20 
compel the production of books and documents, and answers to interrogatories and issue 
21 
subpoena ad testificandum and subpoena duces tecum and to enforce its writs through sheriffs or 
22 
other duly deputized officers; 
23 
(e) To punish direct and indirect contempt in the same manner and subject to the same 
24 
penalties as provided in the Rules of Court; 
25 
(f) To enjoin any or all acts involving or arising from any case pending before it which, if not 
26 
restrained forthwith, may cause grave or irreparable damage to any of the parties to the case or 
27 
seriously affect social or economic stability; 
28 
(g) To issue orders and decisions to compel compliance with the provisions of this Act and 
29 
the Convention and issuances or decisions of the MPAB; 
30 
(h) To deputize in writing or request assistance of appropriate government agencies or 
31 
instrumentalities for the purpose of enforcing its decisions; and 
32 
(i) To issue an ex parte order directing the discontinuance of the discharge of substances 
33 
that cause marine pollution, or the temporary suspension or cessation of operation of the 
34 
equipment, project or activity and other acts causing environmental degradation, generating 
35 
pollutants or wastes, without the necessity of a previous public hearing: Provided, That the ex 
36 
parte order shall be issued only in case of immediate threat to life or property, public health, safety 
37 
or welfare or to animal or plant life, or exceeds the allowable environmental standards. The ex 
17 


1 
parte order shall be immediately executory and shall remain in force and effect until this is modified 
2 
or lifted by the MPAB. 
3 
SEC. 37.Finality of Determination. -
Any case or controversy before the MPAB shall be 
4 
decided by majority of all its members within thirty (30) days after it is submitted for resolution. 
5 
Only one (1) motion for reconsideration shall be allowed. Unless an appeal is perfected and a 
6 
cash bond equivalent to the fine imposed is deposited, any order, decision or ruling issued by the 
7 
MPAB shall be final and executory. 
8 
SEC. 38.Appeals. -
Any decision, order or judgment of the MPAB may be appealed to the 
9 
Court of Appeals by certiorari within fifteen (15) days from receipt of a copy thereof: Provided, 
10 
That cease and desist orders shall be immediately executory. 
11 
CHAPTER 7 
12 
MISCELLANEOUS PROVISIONS 
13 
SEC. 39.Ship Pollution Prevention Program. -
The DOTC, in coordination with concerned 
14 
agencies and stakeholders, shall establish a Prevention of Ship Pollution Program to enhance the 
15 
government implementation of this Act particularly on: (a) awareness building and capacity 
16 
building; (b) data banking; (c) development of reception facilities; 
(d) marine environment 
17 
protection; and (e) research. 
18 
SEC. 40. 
Implementing Rules and Regulations. 
-
The DOTC and the concerned 
19 
agencies shall promulgate the implementing rules and regulations within one (1) year after the 
20 
enactment of this Act. The proposed implementing rules and regulations shall be subjected to 
21 
public consultations with affected sectors. 
The DOTC shall ensure that functions of the 
22 
implementing agencies and rules and regulations promulgated prior to and after the effectivity of 
23 
this Act are devoid of any duplication or inconsistency. 
24 
The rules and regulations issued by other government agencies and instrumentalities for the 
25 
prevention of marine pollution not inconsistent with and appropriate to the implementation of this 
26 
Act shall supplement the rules and regulations issued by the DOTC pursuant to this Act. 
27 
SEC. 41. 
Joint Congressional Oversight Committee (JCOC). 
The Joint 
28 
Congressional Oversight Committee created under Section 33 of Republic Act No. 9275 or the 
29 
"Philippine Clean Water Act of 2004" shall also monitor the implementation of this Act and review 
30 
the implementing rules and regulations promulgated by the DOTC. 
31 
The JCOC shall continue to exist for a period not exceeding five (5) years from the effectivity 
32 
of this Act and, thereafter, its oversight functions shall be exercised by the Committee on 
33 
Environment of the Senate and the Committee on Ecology of the House of Representatives, acting 
34 
separately. 
18 


1 
The Secretariat of the Congressional Oversight Committee shall come from the secretariat 
2 
personnel of the Committees of the Senate and the House of Representatives comprising the 
3 
JCOC. 
4 
SEC. 42. 
Marine Environmental Management Fund (MEMF). 
-
There is hereby 
5 
established a Marine Environmental Management Fund (MEMF) to be administered by the MPAB. 
6 
The Oil Pollution Management Fund (OPMF) created under Section 22 of Republic Act No. 9483, 
7 
otherwise known as the "Oil Pollution Compensation Act of 2007", is hereby abolished. 
All 
8 
balances, including the liabilities incurred by the OPMF, shall be transferred to the MEMF. The 
9 
MEMF shall be sourced from the following: 
10 
(a) Within one (1) year following the effectivity of this Act, contributions of owners and 
11 
operators of tankers and barges hauling oil and for petroleum products in Philippine waterways and 
12 
coast wise shipping routes consisting of five centavos (PO.05) per liter for every transshipment of 
13 
oil made by a tanker or barge based on the volume it loaded for the purpose of transshipment 
14 
regardless of its origin or destination. Thereafter, reasonable amount of contribution shall be jointly 
15 
determined by the MARINA, other concerned government agencies, and representatives from the 
16 
owners of tankers, barges and ships hauling oil andlor petroleum products. In determining the 
17 
amount of contribution, the purposes for which the fund was set up shall always be considered; 
18 
(b) Fees, charges and fines imposed pursuant to this Act and Republic Act No. 9483; 
19 
(c) Donations, endowments, grants and contributions; and 
20 
(d) Amounts specifically appropriated for the MEMF under the annual General Appropriations 
21 
Act. 
22 
The MEMF shall be utilized for the following activities: 
23 
(1) Containment, removal and cleanup operations of the PCG in all oil pollution cases; and 
24 
(2) Enforcement and monitoring activities of the MARINA, the PCG and port authorities of the 
25 
Department and other relevant agencies: Provided, That ninety percent (90%) of the funds shall 
26 
be maintained annually for the containment, removal and cleanup operations of the PCG in all 
27 
cases of pollution from ships: Provided, further, That in no case shall the MEMF be used to fund 
28 
personal services expenditures except for the compensation of those involved in cleanup 
29 
operations. 
30 
SEC. 43. 
Appropriations. -
The amount necessary to carry out the provisions of this Act shall 
31 
be charged against the current year's appropriations of the concerned agencies. Thereafter, such 
32 
sums as may be necessary for the operation and maintenance of this Act shall be included in the 
33 
annual General Appropriations Act. 
34 
SEC. 44.Separability Clause. 
-
In the event that any provision of this Act is declared 
35 
unconstitutional, the validity of the remainder shall not be affected thereby. 
19 


1 
SEC. 45.Repealing Clause. -
The fifth paragraph of Section 28 of the Philippine Clean 
2 
Water Act and Section 22 of the Oil Pollution Compensation Act are hereby repealed. The Toxic 
3 
Substances and Hazardous and Nuclear Wastes Control Act and the Marine Pollution Control 
4 
Decree of 1974 and 1976 are hereby amended and modified accordingly. All laws, decrees, rules 
5 
and regulations and executive orders contrary to or inconsistent with this Act are hereby repealed 
6 
or modified accordingly. 
7 
SEC. 46.Effectivity. -
This Act shall take effect fifteen (15) days after its publication in the 
8 
Official Gazette or in a newspaper of general circulation. 
9 
10 
Approved, 
20