Presidential Decree No. 600 (PD 600) — 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 marines pollution originates from many
sources, such as dumping discharging through the rivers, estuaries,
brooks or spring;
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:
Title.
SECTION 1. Title. — This Decree shall be known as
the Marine Pollution Decree of 1974.
Statement of Policy.
SEC. 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.
Definition of Terms.
SEC. 3. Definition of Terms. — As used in this
Decree:
"Discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping.
"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.
"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.
"Ocean Waters" means all marine waters other Philippines and
other states.
"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.
"Tank vessel" means any vessel especially constructed or
converted to carry liquid bulk cargo in tanks.
"Tank barge" means any tank vessel not equipped with a means of
self propulsion.
"Vessel" means every description of watercraft, or other
artificial contrivance used, or capable of being used, as a means of
transportation on water.
"Person" means an individual, partnership, corporation, or
association any owner, master, officer or employee of the Republic of
the Philippines.
Deposit of Refuse in Navigable Water.
SEC. 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 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, ct
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.
Prohibition Against Discharge of Oil and Other Harmful Substances.
SEC. 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.
Penalties for Violations.
SEC. 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.
SEC. 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 cleanup costs.
Rides and Regulations.
SEC. 8. Rides 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.
Containment-Recovery System.
SEC. 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.
Repealing Clause.
SEC. 10. Repealing Clause.—Any law, rules and
regulations inconsistent with this Decree is hereby repealed or modified
accordingly.
Effectivity.
SEC. 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.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
