- Details
PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY KNOWN AS THE POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES.
WHEREAS, there is a need to modify the organizational structure of the NATIONAL POLLUTION CONTROL COMMISSION to make it more effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned by the accelerative phase of the country's industrialization program;
WHEREAS, there is an imperative need to strengthen this Commission to best protect the people from the growing menace of environmental pollution; and
WHEREAS, it is urgently necessary to maintain the role of the Commission as the primary agency responsible for the prevention and control of the environmental pollution;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the revision of the Republic Act No. 3931, to be known as the "National Pollution Control Decree of 1976," to read as follows:
SECTION 1. Statement of Policy.---It is hereby declared a national policy to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this country.
SECTION 2. Definitions.--- As used in this decree:
a) "Pollution" means any alteration of the physical, chemical and biological properties of any water, air and/or land resources of the Philippines, or any discharge thereto of any liquid, gaseous or solid wastes as will or is likely to create or to render such water, air and land resources harmful, detrimental or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes.
b) "Sewage" means the water-carried human or animal wastes from residencies, buildings and industrial establishments, or other places, together with such water infiltration and surface water as may be present. The admixture of sewage and industrial wastes or other wastes as hereafter defined shall also be considered "sewage."
c) "Industrial waste" means any liquid, gaseous or solid matter, or other waste substance or a combination thereof resulting of any process of industry manufacturing trade or business or from the development, processing or recovery of any natural resources which may cause or tend to cause pollution, or contribute to the pollution of the water, air and land resources of the Philippines.
d) "Other Waste" means garbage,refuse, wood residues, sand, lime cinders, ashes, offal, night-oil, tar, dye stuffs, acids, chemicals and other substances not sewage or industrial waste which may cause or tend to cause pollution; or contribute to the pollution of the water, air and land resources of the Philippines.
e) "Sewage System or Sewerage System" means pipe line or conduits, pumping stations, force mains, constructed drainage ditches, and all other constructions, devices, and appurtenances used for collecting or conducting sewage, and industrial wastes or other wastes to a point of treatment, discharge or ultimate disposal.
f) "Treatment Works" means any method, construction device or appliance appurtenant thereto, installed for the purpose of treating, neutralizing, stabilizing, disinfecting, or disposing of sewage, industrial waste or other wastes, or for the recovery of by-product from such sewage, industrial waste or other wastes.
g) "Sewage Works" means individually or collectively those constructions or devices used for collecting, pumping, treating, and disposing of sewage, industrial waste or other wastes or for the recovery of by-products from such sewage, industrial waste or other wastes.
h) "Outlet" means the terminus of a sewage works or point of emergence in the water, air and land resources of the Philippines of any sewage, industrial waste or other wastes.
i) "Commission" Means the National Pollution Control Commission.
j) "Person" or "Persons" includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.
SECTION 3. Creation of the National Pollution Control Commission; Members.--- There is hereby created and established a National Pollution Control Commission under the Office of the President.
The Commission shall be headed by one full-time commissioner, one of whom shall be responsible for standard-setting and monitoring and the other for enforcement.
The Commissioner shall be a man of proven executive ability. The Deputy Commissioner for Standard-Setting and Monitoring shall be preferably be a sanitary engineer, while the Deputy Commissioner for Enforcement shall preferably be a lawyer. The Commissioner and Deputy Commissioners must have technical expertise in the field of pollution control.
The Commissioner and the Deputy Commissioners shall be appointed by the President of the Philippines.
SECTION 4. Inter-Agency Advisory Council.--- There is created an Inter-Agency Advisory Council, attached to the Commission, which shall be composed of representatives designated by the Secretaries of the Department of Agriculture, Health, Industry, Justice, Labor, Local Government and Community Development, National Defense, Natural Resources, and Public Works, Transportation and Communications; the heads of the Laguna Lake Development Authority, the National Economic and Development Authority, the National Science Development Board and the Human Settlements Commission. The Commissioner shall head the Inter-Agency Advisory Council. Representatives from the private sector as may be affected, may be invited to the deliberations of the Council.
SECTION 5. Organization of the Commission.--- The Commission shall have a Water Pollution Control Division, an Air Pollution Control Division, a Research and Development Division, a Legal Division, an Administrative Division and such other divisions or units as may be approved in the General Appropriation Act. Nothing herein contained shall be construed as to automatically terminate or abolish any existing position in the Commission nor shall it be construed as a prohibition against termination of any position.
The Commission shall also be establish such regional offices as may be necessary.
The Commission shall provide such technical, scientific and other services, including the necessary laboratory and other facilities as may be required to carry out the provisions of this Decree; Provided, That the Commission may secure such services as it may deem necessary from other agencies of the National Government, and they make arrangements for the compensation of such service. The Commission may also employ and compensate, within appropriations available therefor, such consultants, experts, and advisers, or assistants on a full or part-time basis as may be necessary, coming form government or private business entities, associations, or from local or foreign organizations, to carry out the provisions of this decree and may prescribe their powers, duties and responsibilities.
The Commission may conduct scientific experiments, investigations and research to discover economical and practical methods of preventing water, air and land pollution. To this end, the Commission may cooperate with any public or private agency in the conduct of such experiments, investigations and research, and may accept sums of money, for and in behalf of the National Government, given by any international, national or other public or private agency for water, air and land pollution control activities, surveys or programs.
SECTION 6. Powers and Functions.---The Commission shall have the following powers and functions:
a) Determine the location, magnitude, extent, severity. causes, effects and other pertinent information regarding pollution of the water, air and land resources of the country; take such measures, using available methods and technologies, as it shall deem best to prevent or abate such pollution; and conduct continuing researches and studies on the effective means for the control and abatement of the pollution.
b) Develop comprehensive multi-year and annual plans for the abatement of existing pollution and the prevention of new or imminent pollution, the implementation of which shall be consistent with the national development plan of the country. Such plans shall indicate priorities and programs during the year.
c) Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal system and the issuance of permits in accordance with the provisions of this Decree; inspect the construction and maintenance of sewage works and industrial waste disposal system for compliance to plans.
d) Adopt, prescribe, and promulgate rules and regulations governing the procedures of the Commission with respect to hearing, plans, specifications, designs and other data for sewage works and industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Decree.
e) Issue orders or decisions to compel compliance with the provisions of this Decree and its implementing rules and regulations only after proper notice and hearing.
f) Make, alter or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance must be accomplished.
g) Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage, works and industrial disposal system or parts thereof: Provided, however,, That the Commission, by rules and regulations, may require subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works , except that no permits shall be required of any new sewage works or changes to or extensions of existing works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Commission may impose reasonable fees and charges for the issuance or renewal of all permits herein required.
h) After due notice and hearing, the Commission may also revoke, suspend or modify any permit issued under this decree whenever the same is necessary to prevent or abate pollution.
i) Set up effluent, stream, ambient and emission standards and promulgate rules and regulations therefor: Provided, That local governments, development authorities, and other similar government instrumentalities or agencies may set up higher standards subject to the written approval of the Commission.
j) Serve as arbitrator for the determination of reparations, or restitutions of the damages and losses resulting from pollution.
k) Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Decree and its implementing rules and regulations and the orders and decisions of the Commission.
l) Consult, participate, cooperate and enter into an agreement with other agencies of the government, and with affected political groups, political subdivisions, and enterprises in the furtherance of the purpose of this Decree.
m) Collect and disseminate information relating to water, air and land pollution and the prevention, abatement and control thereof.
n) Authorize its representative to enter at all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollution.
o) Prepare and submit sixty days after the close of each calendar year an annual report to the President and such periodic reports of activities as may be required from time to time. The annual report shall include the extent to which the objectives in the plans referred to under Sec. 6 (b) have been achieved.
p) Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities to carry out its duties and responsibilities under this Decree.
SECTION 7. a) Public Hearing.--- Public hearings shall be conducted by the Commissioner, Deputy Commissioners or any senior official duly designated by the Commissioner prior to issuance or promulgation of any order or decision by the Commissioner requiring the discontinuance of discharge of sewage, industrial wastes or other wastes into the water, air or land resources of the Philippines as provided in this decree: Provided, That whenever the Commission finds a prima facie evidence that the discharged sewage or waste are of immediate threat to life. or exceeds the allowable standards set by the Commission, the Commissioner may issue an ex-parte order directing the discontinuance of the same or the temporary suspension or cessation of operation of establishment or person generating such sewage or wastes without the necessity of a prior public hearing. The said ex-parte order shall be immediately executory and shall remain in force until said establishment or person prevents or abates the said pollution within the allowable standards, or modified or nullified by a competent court.
All records of the proceedings of said hearings shall be filed with the Commission. All inquiries, hearings, investigations and proceedings conducted by the Commission shall be governed by rules adopted by the Commission, and in the conduct thereof the Commission shall not be bound by technical rules and evidence: Provided, That the Commissioners or any of the duly designated Hearing Officers may summarily punish for contempt, by a fine not exceeding two hundred pesos, any person committing such misconduct in the presence of any of the Commissioners or any of the duly designated Hearing Officers, or so near to them as to seriously interrupt any hearing or session or any proceeding, or any person will fully fails or refuses, without just cause, to comply with a summon, subpoena, or subpoena duces tecum issued by the Commissioners or by the duly designated Hearing Officers or, being present at a hearing, session or investigation, refuses to be sworn as a witness or to answer questions when lawfully required to do so. The Sheriff or other police agencies of the place where the hearing or investigation is conducted, shall , upon request of the Hearing Officer, assist in the enforcement of the provisions of this paragraph.
b) Appeal to Courts.---Any decision of the Commission, in the absence of an appeal therefrom as herein provided, shall become final fifteen days after the date of notification, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted the remedies before the Commission. The Commission shall deemed to be a party to any judicial action involving any decision.
c) Court Review.---The decision of the Commission upon any disputed matter may be reviewed both upon the law and the facts of the case by the Court of Appeals. For purposes of such review, the procedure concerning appeals from the Court of First Instance shall be followed. Appeal of the decision of the Commission must be perfected within fifteen days from notification of such decision: Provided, however, That any decision of the Commission involving only questions of law, shall be appealed to the Supreme Court. No appeal shall stay the execution of any order or decision of Appeals or the Supreme Court so orders.
d) Execution of Decision.--- Any decision or order of the Commission, after the same has become final and executory, shall be enforced and executed in the same manner as decisions of Courts of First Instance, and the Commission shall have the power to issue to the City or Provincial Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be necessary for the enforcements of such decision, or order and any person who shall fail or refuse to comply with such decision, order, or writ, after being required to do so shall, upon application by the Commission, be punished by the proper court for contempt.
SECTION 8. Prohibitions.---No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof.
No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution:
1) the construction, installation, modification or operation of any sewage works or any extension or addition thereto;
2) the increase in volume or strength of any waste in excess of the permissive discharge specified under any existing permit;
3) the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air and/ or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized.
SECTION 9. Penalties.---a) Any person found violating or failing to comply with any order, decision or regulation of the Commission for the control or abatement of pollution shall pay a fine not exceeding five thousand pesos per day for every day during which such violation or default continues; and the Commission is hereby authorized and empowered to impose the fine after the notice and hearing.
The fines so imposed shall be paid to the Government of the Philippines through the Commission, and failure to pay the fine in any case within the time specified in the above-mentioned Order or Decision shall be sufficient ground for the Commission to order the closure of the stoppage in the operation of the establishment being operated and/or managed by said person or persons until payment of the fines shall have been made . The Commission shall have the power and authority to issue corresponding writs of execution directing the City or Provincial Sheriff or other peace officers whom it may appoint to enforce the fine or the order of closure or stoppage of operations.
Payment of fines may also be enforced by appropriate action in a court of competent jurisdiction. The remedies provided in this sub-section shall not be a bar to, nor shall affect any other remedies provided for in this Decree but shall not be cumulative and additional to such remedies.
b) Any person who shall violate any of the provisions of Section Eight of this Decree or its implementing rules and regulations, or any Order or Decision of the Commission, shall be liable to a penalty of not to exceed one thousand pesos for each day during which the violation continues, or by imprisonment, of from two years to six years, or by both fine and imprisonment, and in addition such person may be required or enjoined from continuing such violation as hereinafter provided.
c) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the Commission into any property of the public domain or private property devoted to industrial manufacturing, processing or commercial use during reasonable hours for the purpose of inspecting or investigating the conditions therein relating to pollution or possible or imminent pollution, shall be liable to a fine not exceeding two hundred pesos or imprisonment of not exceeding one month or both.
Done in the City of Manila, this 18th day of August, in the year of Our Lord , nineteen hundred and seventy-six.
- Details
PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION
WHEREAS, the marine environment and the living organisms, which it supports are of vital importance to humanity, and all people have an interest in assuring that it is managed and protected, and its quality is not impaired;
WHEREAS, recognizing that the capacity of the sea to assimilate wastes and render them harmless, and its ability to regenerate natural resources is limited;
WHEREAS, knowing that marine pollution originates from many sources, such as dumping and discharging through the rivers, estuaries, brooks or springs;
WHEREAS, it is our responsibility to control public and private activities that cause damage to the marine environment by using the best practicable means and by developing improved disposal processes to minimize harmful wastes;
WHEREAS, there is an urgent need to prevent, mitigate or eliminate the increasing damages to marine resources as a result of pollution;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order the following:
SECTION 1. Title. — This Decree shall be known as the Marine Pollution Decree of 1976.
SECTION 2. Statement of Policy. — It is hereby declared a national policy to prevent and control the pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines.
SECTION 3. Definition of Terms. — For the purposes of this Decree:
a. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluents from industrial or manufacturing establishments, or mill of any kind. cdt
b. "Dumping" means any deliberate disposal at sea and into navigable waters of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, including the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same is permitted and/or regulated under this decree: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty-One, nor does it mean a routine discharge of effluent or other matter incidental to the propulsion of, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment.
c. "Oil" means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil.
d. "Navigable Waters" means the waters of the Philippines, including the territorial sea and inland waters which are presently, or be in the future susceptible for use by watercraft.
e. "Vessel" means every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water.
f. "Person" includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.
g. "Refuse" means garbage, waste, wood residues, sand, lime cinders ashes, offal, nightsoil, tar, dye staffs, acids, chemicals and substances other than sewage and industrial wastes that may cause pollution.
SECTION 4. Prohibited Acts. — Except in cases of emergency imperilling life or property, or unavoidable accident, collision, or stranding or in any cases which constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if damping appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be lees than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to —
a. discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such navigable water; and
c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increased the level of pollution of such water.
SECTION 5. It shall be the primary responsibility of the National Pollution Control Commission to promulgate national rules and policies governing marine pollution, including but not limited to the discharge of effluents from any outfall structure, industrial and manufacturing establishments or mill of any kind to the extent that it is regulated under the provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty-One, and to issue the appropriate rules and regulations upon consultation with the Philippine Coast Guard.
The Philippine Coast Guard shall promulgate its own rules and regulations in accordance with the national rules and policies set by the National Pollution Control Commission upon consultation with the latter, for the effective implementation and enforcement of this decree and other applicable laws, rules and regulations promulgated by the government.
The rules and regulations issued by the National Pollution Control Commission or the Philippine Coast Guard shall not include deposit of oyster, shells, or other materials when such deposit is made for the purpose of developing, maintaining or harvesting fisheries resources and is otherwise regulated by law or occurs pursuant to an authorized government program: Provided, That the Philippine Coast Guard, whenever in its judgment navigation will not be injured thereby and upon consultation with and concurrence of the National Pollution Control Commission, may permit the deposit of any of the materials above-mentioned in navigable waters, and whenever any permit is so granted, the conditions thereof shall be strictly complied with.
SECTION 6. Enforcement and Implementation. — The Philippine Coast Guard shall have the primary responsibility of enforcing the laws, rules and regulations governing marine pollution. However, it shall be the joint responsibility of the Philippine Coast Guard and the National Pollution Control Commission to coordinate and cooperate with each other in the enforcement of the provisions of this decree and its implementing rules and regulations, and may call upon any other government office, instrumentality or agency to extend every assistance in this respect.
SECTION 7. Penalties for Violations. — Any person who violates Section 4 of this Decree or any regulations prescribed in pursuance thereof, shall be liable for a fine of not less than Two Hundred Pesos nor more than Ten Thousand Pesos or by imprisonment of not less than thirty days nor more than one year or both such fine and imprisonment, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws.
Any vessel from which oil or other harmful substances are discharged in violation of Section 4 or any regulation prescribed in pursuance thereof, shall be liable for the penalty of fine specified in this section, and clearance of such vessel from the port of the Philippines may be withheld until the fine is paid.
In addition to the penalties above-prescribed, the Philippine Coast Guard shall provide in its rules and regulations such reasonable administrative penalties as may be necessary for the effective implementation of this decree. -
SECTION 8. Containment — Recovery System. — The Philippine Coast Guard shall develop an adequate capability for containment and recovery of spilled oil for inland waters and high seas use. An initial amount of five (5) million pesos is hereby appropriated for the procurement of necessary equipment for this purpose. For the succeeding fiscal years, the appropriation for the development of such capability shall be included in the Philippine Coast Guard portion of the General Appropriation Decree.
SECTION 9. Repealing Clause. — All laws, rules and regulations inconsistent with this decree are hereby repealed or modified accordingly.
SECTION 10. Effectivity. — This Decree shall take effect immediately.
Done in the City of Manila, this 18th day of August, in the year of Our Lord, nineteen hundred and seventy-six.
ESTABLISHING OIL POLLUTION OPERATIONS CENTER IN THE PHILIPPINE COAST GUARD HEADQUARTERS
WHEREAS, environmental pollution and contamination are increasing at an alarming rate;
WHEREAS, there is an urgent need to prevent, mitigate or eliminate the increasing damages to marine resources as a result of pollution;
WHEREAS, the dangers of major oil spills are increasing with the increase of the size and number of oil tankers traversing waters close to the Philippines;
WHEREAS, the Philippines is not yet fully prepared to handle major oil spills which are likely to happen in the future;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order the establishment of a National Operations Center for Oil Pollution in the Philippine Coast Guard Headquarters.
SECTION 1. Title. — This Decree shall be known as the National Oil Pollution Operations Center Decree.
SECTION 2. Assistance from other Agencies. — The Center may call upon any department, bureau, office, agency or instrumentality of the government for such assistance as it may need in the form of personnel, facilities and other resources.
SECTION 3. Direct Negotiation. — The Philippine Coast Guard may negotiate directly with local companies which have oil containment and recovery facilities for the use of such equipment in combating oil pollution.
SECTION 4. ASEAN Point of Contact. — The Center shall be the point of contact with similar national operations centers of ASEAN member countries and shall cause, when necessary, the immediate call for assistance from such countries to help contain oil pollution. The Center shall, similarly, respond to call for assistance by ASEAN member countries.
SECTION 5. Effectivity. — This Decree shall take effect immediately.
Done in the City of Manila, this 9th day of December, in the year of Our Lord, nineteen hundred and seventy-four.
PREVENTION AND CONTROL OF MARINE POLLUTION
WHEREAS, the marine environment and the living organisms which it supports are of vital importance to humanity, and all people have an interest in assuring that it is managed and protected, and its quality is not impaired;
WHEREAS, recognizing that the capacity of the sea to assimilate wastes and render them harmless, and its ability to regenerate natural resources is limited;
WHEREAS, knowing that marine pollution originates from many sources, such as dumping and discharging through the rivers, estuaries, brooks or springs;
WHEREAS, it is our responsibility to control public and private activities that cause damage to the marine environment by using the best practicable means and by developing improved disposal processes to minimize harmful wastes;
WHEREAS, there is an urgent need to prevent, mitigate or eliminate the increasing damages to marine resources as a result of pollution.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution do hereby decree and order the following:
SECTION 1. Title. — This Decree shall be known as the Marine Pollution Decree of 1974.
SECTION 2. Statement of Policy. — It is hereby declared a national policy to prevent and control the pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines.
SECTION 3. Definition of Terms. — As used in this Decree:
a. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping. cdt
b. "Dumping" means any deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, but does not include (1) the disposal at sea of wastes or other matter incidental to or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, nor (2) the disposal of wastes or other matter directly arising from or related to the exploitation and associated off-shore processing of seabed mineral resources.
c. "Oil" means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil.
d. "Ocean Waters" means all marine waters other than the territorial sea and inland waters of the Philippines and other states.
e. "Public Vessel" means a vessel owned or bareboat chartered and operated by the Republic of the Philippines, and political subdivision thereof, or by a foreign nation, except when such a vessel is engaged in commerce. cdasia
f. "Tank vessel" means any vessel especially constructed or converted to carry liquid bulk cargo in tanks.
g. "Tank barge" means any tank vessel not equipped with a means of self propulsion.
h. "Vessel" means every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water.
i. "Person" means an individual, partnership, corporation, or association any owner, master, officer or employee of the Republic of the Philippines.
SECTION 4. Deposit of Refuse in Navigable Water. — It shall be unlawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the Philippines, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall be unlawful to deposit, or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increase the level of pollution of such waters: Provided, that nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works; Provided, further, That the Commandant, Philippine Coast Guard, whenever in his judgment navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with and any violation thereof shall be unlawful.
SECTION 5. Prohibition Against Discharge of Oil and Other Harmful Substances. — Except in case of emergency imperiling life or property, or unavoidable accident, collision, or stranding, and except as otherwise permitted by regulations prescribed by the Commandant, Philippine Coast Guard, it shall be unlawful for any person to discharge, or suffer, or permit the discharge of oil, noxious liquid substances and other harmful substances, by any method, means or manner into or upon the territorial and inland waters of the Philippines.
SECTION 6. Penalties for Violations. — Any person who violates Sections 4 or 5 of this Decree or any regulation prescribed in pursuance thereof, shall be liable to a fine of not less than P5,000, or by imprisonment not exceeding one year nor less than thirty days, or both such fine and imprisonment, for each offense. Any vessel from which oil or other harmful substances are discharged in violation of Sections 4 or 5 or any regulation prescribed in pursuance thereof, shall be liable for the pecuniary penalty specified in this section, and clearance of such vessel from a port of the Philippines may be withheld until the penalty is paid, and said penalty shall constitute a lien on such vessel, which may be recovered in proceedings by libel in rem in a court of first instance within which the vessel may be.
SECTION 7. Responsibility and Liability on Oil Spills. — Any ship, tank vessel, tank barge or any other watercraft which accidentally or otherwise discharged oil or oily mixture on waters subject to the jurisdiction of the Philippines, the person in charge of the vessel shall immediately notify the Philippine Coast Guard, giving particulars of the name of the ship and company, location of spill, type of oil spilled, and quantity. In addition, the weather, tide, sea conditions and cause of spill shall be reported. Any person in charge of a vessel who fails to notify the Coast Guard of any oil or oily mixture discharged from his vessel is liable to a fine of P10,000 or imprisonment of not more than six months but not less than 30 days. The owner or operator of a vessel or facility which discharged the oil or oily mixture may be liable to pay for any clean-up costs.
SECTION 8. Rules and Regulations. — The Commandant, Philippine Coast Guard is authorized and empowered to prescribe rules and regulations in pursuance of the purposes of this Decree, to include but not limited to, vessel design and equipment, oil transfer procedures, oil transfer operations, communications requirement, supervision of operations, equipment test and inspection.
SECTION 9. Containment — Recovery System. — The Philippine Coast Guard shall develop an adequate capability for containment and recovery of spilled oil for inland waters and high seas use. An initial amount of two (2) million pesos is hereby appropriated out of any funds in the National Treasury not otherwise appropriated for the procurement of necessary equipment for this purpose. For the succeeding fiscal years, the appropriation for the development of such capability shall be included in the Philippine Coast Guard portion of the General Appropriation Decree.
SECTION 10. Repealing Clause. — Any law, rules and regulations inconsistent with this Decree is hereby repealed or modified accordingly.
SECTION 11. Effectivity. — This Decree shall take effect immediately.
DONE in the City of Manila, this 9th day of December, in the year of Our Lord, nineteen hundred and seventy-four.
Like and Follow us on Facebook
Follow us on Twitter
Follow us on Instagram
