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;chanroblesvirtualawlibrary
WHEREAS, recognizing that the capacity of the sea to assimilate wastes
and render them harmless, and its ability to regenerate natural
resources is limited; chanroblesvirtualawlibrary
WHEREAS, knowing that marine pollution originates from many sources,
such as dumping and discharging through the rivers, estuaries, brooks
or springs;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to prevent, mitigate or eliminate the
increasing damages to marine resources as a result of pollution;chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
a. "Discharge" includes, but is not limited
to, any spilling, leaking, pumping, pouring, emitting, emptying or
dumping. chanroblesvirtualawlibrary
b. "Dumping" means any deliberate disposal at
sea of wastes or other matter from vessels,rcraft, 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,rcraft, 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. chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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.
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