THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
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INTRODUCED BY HON. 
MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
The Constitution, Article II, Section 16, provides that the State shall protect and advance 
the right of the people to a balanced and healthftil ecology in accord with the rhythm and 
harmony of nature. 
Our shores have been increasingly polluted making it harmful for human contact and 
causing a decline in species diversity in marine life. One major cause of the pollution of our 
shores is the indiscriminate unloading of municipal and commercial waste from shipping vessels. 
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In accordance with the constitutional mandate, this bill provides regulatory measures with 
regard to shipping vessels for the protection of Philippine shores as well as penalties for 
violations of its provisions. 
MANUEL B. V LLAR, JR. 
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THIRTEENTH CONGRESS OF THE 
-04 JlN 30 
216 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S .  No. 
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INTRODUCED‘BY HON. MANUEL B. VELAR, JR. 
AN ACT REGULATING SHIPPING VESSELS COASTING PHILIPPINE 
WATERS FOR TNE PROTECTION OF SHORES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Short Title. This Act may be cited as “Shore Protection Act.” 
Section 2. Definition of Terms. For purposes of this Act the terms- 
(1) “coastal waters” means- 
(A) the territorial sea of the Philippines; 
(B) the lakes and their connecting waters; 
(C) the marine and estuarine waters of the Philippines to the head of tidal 
influence; and 
(D) the exclusive Economic Zone as establish by existing laws 
(2) ‘hunicipal mornmercial waste” means 
(A) solid waste; 
(B) waste generated by the vessel during normal operations; 
(C) debris solely from construction activities; 
(D) sewage sludge; and 
(E) dredged or fill material subject 
(3) “person” means an individual, trust, firm, 
joint stock company, corporation, including 
government owned and controlled corporation, partnership, association and political 
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subdivision of the government. 


(4) “receiving facility’’ means a facility or operation where municipal or commercial 
waste is unloaded from a vessel. 
(5) “waste source” means a facility or vessel from which municipal or commercial waste 
is loaded unto a vessel, including any rolling stock or motor vehicles from which that 
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waste is directly loaded. 
Section 3. Vessel Permits and Numbers. (a) IN GENERAL. - A vessel may not 
transport municipal or commercial waste in coastal waters without (1) permit for that vessel from 
the Secretary of Environment and Natural Resources; and (2) displaying a number or other 
marking on the vessel as prescribed by the Secretary of Transportation and Communications. 
(b) PERMIT APPLICATIONS. - Application for a permit required by this Act shall be 
made by the vessel owner or operator and include- 
(1) the name, address, and telephone number of the vessel owner and operator; 
(2) the vessel’s name and identification number; 
(3) the vessel’s area of operation; 
(4) the vessel’s transport capacity; 
( 5 )  a short history, the types of cargo transported by that vessel during the previous 
year, including identification of the type of municipal or commercial waste 
transported as- 
(A) municipal waste; 
(B) commercial waste; 
(C) medical waste; or 
(D) w_aste of another character; 
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(6) any other information the secretary may require; and 
(7) an acknowledgment. 
(c) EFFECTIVE DATE OF PERMITS. - A permit issued under this section- 
(1) is effective 30 days after the date on which it was issued; 
(2) may be issued only for a period of not more than 5 years after the effective day of 
the permit; 
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(3) may be renewed for periods of not more than 5 years only by the vessel owner or 
operator that applied for the original permit; and 
(4) is terminated when the vessel is sold. 
(d) DENIAL OF PERMITS. - The Secretary of Transportation and Communications 
may, or at the request of the Secretary of Environment and Natural Resources, deny the issuance 
of a permit - -  for any vessel if the owner or operator of the vessel has a record of a pattern of 
serious violations of this Act and other related environmental laws, rules and regulations. 
(e) PERMIT DECISION. - The Secretary of Transportation and Communications, after 
consultation with the Secretary of Environment and Natural Resources, shall issue or deny a 
vessel permit under this section within 30 days after receiving a complete application. On 
denying the issuance of the permit for a vessel the Secretary of Transportation and 
Communications shall 
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(1) notify the applicant of the denial and reasons for the denial; and 
(2) provide an opportunity for a hearing on the denial. 
(f) MAINTAINING PERMIT. - 
(1) IN GENERAL. - The permit issued for a vessel under this title shall be 
maintained in a manner prescribed by the Secretary of Transportation and 
Communications. 
(2) ENDORSEMENTS. - If a vessel is a documented vessel, the Secretary of 
Transportation and Communications may endorse a permit on the vessel’s 
certificate of documentation. 
Section 4. Waste Handling Practices. (a) IN GENERAL. - (I) LOADING. The owner 
or operator of the waste source shall take all reasonable steps to assure that all municipal or 
commercial waste is loaded into a vessel in manner that assures that waste deposited in coastal 
waters is miaimized. 
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(2) SECURING. - The owner or operator of a vessel shall assure that all municipal or 
commercial waste loaded onto the vessel is secured by setting or other means to assure that waste 
will not be deposited into coastal waters during transport. 


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(3) OFFLOADING. - The owner or operator of the receiving facility shall take all 
reasonable steps to assure that any municipal or commercial waste is offloaded from a vessel in 
a manner that assures that waste deposited into coastal waters is minimized. 
(4) CLEANING UP. - The Secretary of Environment and Natural Resources, in 
consultation with 
regulations-- 
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(ii) 
(iii) 
Section 5. 
the Secretary of Transportation and Communications, shall prescribe 
requiring that waste sources, receiving facilities, and vessels are provided 
with means and facilities to assure that the waste will not be deposited into 
co%ital waters during loading, offloading, and transport; 
requiring, as appropriate, the submission and adoption by each responsible 
party of an operation and maintenance manual identifying procedures to be 
used to prevent, report and clean up any deposit of municipal or 
commercial waste into coastal waters, including record keeping 
requirements; and 
determining tracking systems required to assure adequate enforcement. of 
laws preventing the deposit of municipal or commercial waste into coastal 
waters requiring installation of the appropriate systems. 
Suspension, Revocation and Injunctions. (a) SUSPENSION AND 
REVOCATION. - After notice and opportunity for a hearing, the Secretary of department of 
Transportation and Communications may suspend or revoked a permit issued to a vessel under 
this title for a violation of this Act or a regulation prescribed under this Act. 
(b) INJUNCTIONS. - The Secretary of Transportation and Communications or the 
Secretary of Environment and Natural Resources may bring a civil action to enjoin any operation 
in violation of this Act or a regulation prescribed under this Act before the appropriate court in 
whose jurisdiction the violation occurred. 
Section 6. Enforcement.- 
(a) PERIODIC EXAMINATIONS. - The 
Secretary of Transportation and 
Communications shall conduct periodic examinations of vessels operating under this 
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Act transporting municipal or commercial waste to determine that each of these 
vessels has a permit issued under this Act. 
(b) DENIAL OF ENTRY AND DETENTION. - If a vessel does not comply with this 
Act, the Secretary of transportation and Communications may- 
(1) deny entry to any place in the Philippines; and 
(2) detain at the place in the Philippines from which it is about to depart. 
(c) PERSISTENT VIOLATORS. - The Secretary of Environment and Natural 
Resources shall conduct an investigation of the owner or operator of a vessel or 
facility if the owner has 5 or more separate violations during a 6 month period. 
Section 7. Subpoena Authority. (a) GENERAL AUTHORITY. - In an investigation 
under this Act, the attendance and testimony of witnesses, including parties in interest, and the 
production of any evidence may be compelled by subpoena. The subpoena authority granted by 
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this Section is coextensive with that of a Regional Trial Court, in civil matters, for the place in 
which the investigation is conducted. 
(b) SUBPOENA AUTHORITY. - An official designated by the Secretary of 
Transportation and Communications or Secretary of Environment and Natural Resources to 
conduct an investigation under this Act may issue subpoena as provided in this section and 
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administer oaths to witnesses. 
(c) FAILURE TO COMPLY. - When a person fails to obey a subpoena issued under this 
section, the appropriate court in whose jurisdiction the investigation is conducted or in which the 
person failing to obey is found. Shall on proper application issue and order directing that person 
to comply with subpoena. The court may punish as contempt any disobedience of its order. 
(d) WITNESS FEES. - A witness complying with a subpoena issued under this section 
may be paid for actual travel and attendance at the rate which is to be determined by the 
Secretary of Transportation and Communications and the Secretary of Environment and Natural 
Resources. 


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Section 8. Fees. The Secretary of Transportation and Communications may collect a fee 
of not inore than P30,OOO.OO fkom each person to whom a permit is issued under tliis Act'for' a 
permitting system and to maintain an information system. 
Section 9. Civil Penalty Procedures. (a) GENERAL PROCEDURES. - After notice and 
an opportunity for a hearing, a person found by the Secretary 
of Transportation and 
Communications to have violated this Act or any other laws , rules and regulations for which a 
civil penalty is provided, is liable to the government for the civil penalty FJrovided. The amount 
of the civil penalty shall be assessed by the Secretary of Transportation and Communications by 
written notice, In determining the amount of the penalty, the Secreta] y of Transportation and 
Communications shall consider the nature, circumstances, extent, arid of the prohibited acts 
committed and, with respect to the violator, a degree of culpability, m y  history of prior offenses, 
ability to pay, and other matters that justice requires. 
(b) COMPROMISING PENALTIES. - The Sca-etary of 
Transportation and 
Communications may compromise, 
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modify, or remit, wit'li or 7 vithout consideration a civil 
penalty under this Act until the government is referred to thc Solicitoi General. 
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(c) REFERRAL TO THE SOLICITOR GENFiRAL. - If a person fails to pay an 
assessment of a civil penalty after it has become final, the Secretary of Transportation 
and Communications may refer the matter to the Solicitor General for collection in an 
appropriate court of the Philippine?. 
(d) REFUND OF PENALTY. - Thc Secretary of Transportation and Communications 
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may refund or remit a civil penalty collected under this Act if: 
(1) application has been made for refund or remission of the penalty within one 
year fiom the date of payment; and 
(2) the Secretary of Transportation and communications finds that the penalty 
was unlawfully, improperly, or excessively imposed. 
Section 10. Penalties. (a) GENERAL PENALTY. - Except as provided in Section 11 of 
this Act, a person violating any provision of this Act shall be held liable to the government for a 


civil penalty of not more than P150,OOO.OO. Each day of a continuing violation is a separate 
violation. A vessel involved in the violation also is liable in rem for the penalty. 
(b) OPERATING WITHOUT A PERMIT. - A person violating any provision of this Act 
shall be held liable to the government for a civil penalty of not more than P250,OOO.OO. Each day 
of a continuing violation is a separate violation. A vessel involved in the violation also is liable 
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in rem for the penalty. 
(c) CRIMINAL LIABILITY. Any person that knowingly violates, of that knowingly aids, 
authorized, or instigates a violation of this Act shall be imprisoned for not more than 6 yexs, or 
be fined, or both. 
(d) PAYMENTS FOR INFORMATION. - The Secretary of Transporkition and 
Communications, or the Secretary of environment and Natural Resources, as the case may be, 
may pay up to one-half of a fine or penalty to any person giving information leading to the 
assessment of the fine or penalty. 
Section 11. Study and Recommendations. (a) Study. The Secretary of Environment and 
Natural Resources, in consultation with the Secretary of Transportation and Cc +aunication, 
shall conduct a study to determine the need for, and e-ffectiveness oi additional tracking systems 
for vessels hassure thatmunicipal or commercial waste is not deposited in coastal waters. In 
conducting this study, the Secretary of EnvironmenL and Natural Resources shall use the data 
collected from its permitting and enforcement of tracking systems. The report shall include a 
recommendation whether additional tracking sys terns are needed. This study shall be submitted 
to Congress within 24 months after the date of effectivity of this Act. 
(b) Recommendations. 
The Secretary of Transportation and Communications shall 
provide recommendations to the Secretary of Ynvironment and Natural Resources concerning the 
various tracking systems that miD.-- be applil d e  to vessels transporting municipal or 
commercial waste. 
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Section 13. Separability Clause. If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 


Sectim - 14. ReCEaIing Clause. Any law, presidential decree, or issuance, executive 
order, letter of instruction, administrative order, rule or regulation not contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
Section 15. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspaper of general circulation. 
Approved,