PRESIDENTIAL DECREE NO.

979

PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING

MARINE POLLUTION

Background and Overview of the Law

Marine pollution in the Philippines during the early 1960s until the 1970s was not a
nationwide occurrence. It was limited to specific areas like coastal waters, bays and mouths
of rivers which receive wastes from big urban centers, industrial areas, mining districts and
agricultural areas. The main pollutants at the time were heavy metals, silt from mines,
pesticides, domestic sewage, industrial wastes, and oil. 1
Marine pollution in the Philippines exists although it has not yet reached the critical
level except in some urban centers, industrial areas and mining. 2 Marine pollution originates
from many sources. A particular body of water, the Manila Bay received attention during this
period because it was receiving the pollutants coming from the general public, industry,
watercraft and agriculture.
Another notable recurring occurrence in international maritime commerce during this
period were the numerous oil spills that took place in the high seas that contributed to marine
pollution. The table below reflects that prior to the enactment of P.D. No. 979, the average oil
spills that took place per year by the decade was at a staggering number of around 24.5 with
peak numbers occurring in 1973. It is important to take note that prior to the enactment of P.D.
No. 979, there was no adequate capability for containment and recovery of spilled oil for
inland waters and high seas use in the Philippines.

3
Table 1. Number of large spills (>700 tonnes) from 1970 to 2017

1 Internation Oceanographic Commission of UNESCO, Report on Marine Pollution Problems in the Philippines,
February 1, 1976
2 Id.
3 International Tanker Owners Pollution Federation Limited (ITPOF), Oil Tanker Spill Statistics 2017
 Although the marine pollution problem during the 1960s through the 1970s was still at
a minimal, the government had taken bold steps to prevent conditions from deteriorating
further4. Thus, the enactment of P.D. No. 979 in August 18, 1976.

Objective

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.5

Purpose

To prevent, mitigate or eliminate the increased damages of marine resources as a

result of pollution.

Important Provisions

The National Pollution Control Commission shall be primarily responsible to

promulgate national rules and marine pollution. The Philippine Coast Guard shall promulgate
it own rules and regulations in accordance with the national rules and policies set by the
National Pollution Control Commission upon consultation with the latter or 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.

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. The appropriation for the
development of such capability shall be included in the Philippine Coast Guard portion of the
General Appropriations Decree.6

4 International Oceanographic Commission of UNESCO, Report on Marine Pollution Problems in the Philippines,
Feburary 1, 1976
5 Section 2, P.D. 979
6 Section 8, P.D. 979
Enforcement and Implementation

The Philippine Coast Guard shall have the primary responsibility of enforcing the laws,
rules and regulations governing marine pollution. It is 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. 7

Prohibited Acts
Section 4 of the Marine Pollution Decree provides that 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 or 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 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,
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.

Exemptions:

Exempted from prohibited acts are “cases of emergency imperiling 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
structures, or if dumping appears to be the only way of averting the threat and if there is
probability that the damage consequent upon such dumping will be less than would
otherwise occur, and except as otherwise permitted by regulations prescribed by the
National Pollution Control Commission or the Philippine Coast Guard.” 8

7 Section 6, P.D. No. 979

8 Section 4, P.D. No. 979