PD 979: Marine Pollution Regulation

PD 979: Marine Pollution Regulation

Revising Presidential Decree No. 600

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.

Historical Context: Presidential Decree No. 600

Presidential Decree No. 600 was an initial attempt to provide a comprehensive framework for addressing marine pollution. Its guidelines laid the groundwork for subsequent measures, highlighting the need for continuous revision and improvement to effectively combat marine pollution.

Overview of Marine Pollution

Marine pollution refers to the contamination of ocean waters through harmful substances, including plastics, chemicals, and waste. This pollution adversely affects marine ecosystems, biodiversity, and human health, necessitating effective regulatory measures.

Agencies Involved

International Collaboration

Collaboration between nations is crucial in addressing transboundary marine pollution. Agreements like MARPOL foster cooperative strategies for pollution prevention, ensuring comprehensive and effective regulation across borders.

Key government agencies like the Department of Environment and Natural Resources (DENR) and the Philippine Coast Guard play integral roles in enforcing marine pollution laws, ensuring that proper protocols are followed.

Implementation and Enforcement

Introduction to PD 979

Enhancements in Technology

Presidential Decree 979 serves as a crucial regulatory framework aimed at revising and enhancing marine pollution controls established by previous decrees.

Emerging technologies such as satellite imaging, drones, and data analytics can significantly improve monitoring of marine pollution. These tools enhance compliance verification, offering real-time data on pollution sources and impacts.

Acts Prohibited

Potential Amendments

Effective implementation and enforcement of PD 979 is crucial for mitigating marine pollution and ensuring compliance with established regulations.

Monitoring and Compliance

Future Directions of Marine Pollution Regulation

Regular amendments to PD 979 can address emerging challenges and adapt to scientific findings. Possible areas for revision include stricter penalties, expansion of prohibited acts, and updated definitions of pollutants.

The evolution of PD 979 highlights the necessity for ongoing amendments, technological advancements, and international cooperation to combat marine pollution effectively.

(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.

Regular monitoring procedures are established to ensure compliance with PD 979, involving both satellite technologies and on-ground inspections to detect unauthorized discharges and prevent pollution incidents.

Facts:

Ruling:

Reporting Procedures

• On January 29, 1999, respondent Concerned Citizens of Manila Bay filed Civil Case No. 1851-99 against several government agencies, including petitioner MMDA
• Complaint alleged that the water quality of Manila Bay had dropped below the standards of PD 1152 (Philippine Environment Code) and prayed for its cleanup
• On September 13, 2002, the Imus RTC decided in favor of petitioners and ordered said agencies to clean up Manila Bay. In the said decision, MMDA was ordered to establish an appropriate landfill and other alternative disposal systems
• Various government agencies appealed to the CA, who denied the former on September 28, 2005
• Petitioners turned to SC, praying for allowance of Rule 45 petition on the following arguments: (a) Sections 17 and 20 of PD 1152 only apply to specific pollution incidents and not cleaning in general (b) Cleanup of Manila Bay is not a ministerial act that can be compelled by mandamus

The Court ruled through Justice Velasco that even in the absence of specific pollution incident, the MMDA and other concerned agencies are required "to take such measure as may be necessary to meet the prescribed water quality standards". They are not to confine themselves to containment, removal, and cleaning operations only when specific pollution incident occurs. In fine, the underlying duty to upgrade the quality of water is not conditional on the occurence of any pollution incident.

MMDA vs. Concerned Residents of Manila Bay

Definition of Marine Pollution

Detailed reporting procedures are mandated under PD 979, requiring vessels and industries to report any potential pollution incidents immediately, facilitating prompt action and remediation efforts.

G.R. No. 171947-48 | 18 December 2008

Enbanc Decision

Marine pollution is defined as the introduction of harmful substances or energies into oceanic and coastal environments. This includes pollutants from land runoff, ship discharges, and industrial activities affecting water quality and marine ecosystems.

Issues:

1. Whether petitioners can be compelled by mandamus to clean up Manila Bay.

2. Whether Sections 17 and 20 of PD 1152 pertain to a cleanup in general, as opposed to specific pollution incidents.

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.

Key Provisions of PD 979

Understanding the core elements of Presidential Decree 979 reveals essential rules protecting marine environments from pollution.