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 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:cralaw:red
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. chanroblesvirtualawlibrary
b. "Dumping" means any deliberate disposal at sea
and into navigable waters of wastes or other matter from
vessels,rcraft, 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,rcraft,
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,rcraft, 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 —chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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.
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