PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 6969 b) i.
b) i. The penalty of imprisonment of twelve (12) years and one day to twenty (20)
TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE CONTROL
ACT OF 1990
Section 13. Prohibited Acts. The following acts and omissions shall be considered
unlawful:
a. Knowingly use in chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and regulations
or orders;
b. Failure or refusal to submit reports, notices or on the information, access to records
as required by this Act, or permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
c. Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
d. Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing
into Philippine territory, including its maritime economic zones, even in transit, either
by means of land, air or sea transportation or otherwise keeping in storage any amount
of hazardous and nuclear wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties.
a) i. The penalty of imprisonment of six (6) months and one day to six (6) years and
one day and a fine ranging from Six hundred pesos (Php600.00) to Four thousand
pesos (PhP4,000.00) shall be imposed upon any person who shall violate section
13(a) to (c) of this Act and shall not be covered by the Probation Law. If the
offender is a foreigner, he or she shall be deported and barred from any subsequent
entry into the Philippines after serving his or her sentence;
ii. In case any violation of this Act is committed by a partnership, corporation,
association or any juridical person, the partner, president, director or manager who
shall consent to or shall knowingly tolerate such violation shall be directly liable
and responsible for the act of the employees and shall be criminally liable as a co-
principal;
iii. In case the offender is a government official or employee, he or she shall, in
addition to the above penalties, be deemed automatically dismissed from office
and permanently disqualified from holding any elective or appointive position.
years, shall be imposed upon any person who shall violate section 13 (d) of this
Act. If the offender is a foreigner, he or she shall be deported and barred from any
subsequent entry into the Philippines after serving his or her sentence;
ii. In the case of corporations or other associations, the above penalty shall be
imposed upon the managing partner, president or chief executive in addition to an
exemplary damage of at least Five hundred thousand pesos (PhP500,000.00). If it
is a foreign firm, the director and all officers of such foreign firm shall be barred
from entry into the Philippines, in addition to the cancellation of its license to do
business in the Philippines;
iii. In case the offender is a government official or employee, he or she shall in
addition to the above penalties be deemed automatically dismissed from office and
permanently be disqualified from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the
Philippines shall carry with it the confiscation and forfeiture in favor of the
Government of the proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels and aircraft used in or with which the
offense was committed. Chemical substances so confiscated and forfeited by the
Government at its option shall be turned over to the Department of Environment and
Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation into
the country of hazardous or nuclear wastes shall be under obligation to transport or
send back said prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that
may have been used in transporting to or in the storage in the Philippines of any
significant amount of hazardous or nuclear wastes shall at the option of the government
be forfeited in its favor.
Section 15. Administrative Fines. In all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly promulgated
and published in accordance with Section 16 of this Act, the Secretary of Environment
an Natural Resources is hereby authorized to impose a fine of not less than Ten
thousand pesos (Php10,000.00), but not more than Fifty thousand pesos
(PhP50,000.00) upon any person or entity found guilty thereof. The administrative
fines imposed and collected by the Department of Environment and Natural Resources
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shall accrue to a special fund to be administered by the Department exclusively for
projects and research activities relative to toxic substances and mixtures.
PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 9003
ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000
Section 48. Prohibited Acts The following acts are prohibited:
1. Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the
same;
2. Undertaking activities or operating, collecting or transporting equipment in
violation of sanitation operation and other requirements or permits set forth in
established pursuant;
3.The open burning of solid waste;
4. Causing or permitting the collection of non-segregated or unsorted wastes;
5. Squatting in open dumps and landfills;
6. Open dumping, burying of biodegradable or non-biodegradable materials in flood
prone areas;
7. Unauthorized removal of recyclable material intended for collection by authorized
persons;
8. The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;
9. Establishment or operation of open dumps as enjoined in this Act, or closure of said
dumps in violation of Sec. 37;
10. The manufacture, distribution or use of non-environmentally acceptable packaging
materials;
11. Importation of consumer products packaged in non-environmentally acceptable
materials;
12. Importation of toxic wastes misrepresented as "recyclable" or "with recyclable
content";
13. Transport and dumplog in bulk of collected domestic, industrial, commercial, and
institutional wastes in areas other than centers or facilities prescribe under this Act;
14. Site preparation, construction, expansion or operation of waste management
facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and this Act and not conforming with the land use plan
of the LGU;
15. The construction of any establishment within two hundred (200) meters from open
dumps or controlled dumps, or sanitary landfill; and
16. The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir, or watershed area and or any portions thereof.
Section 49. Fines and Penalties
1. Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished
with a fine of not less than Three hundred pesos (P300.00) but not more than One
thousand pesos (P1,000.00) or render community service for not less than one (1) day
to not more than fifteen (15) days to an LGU where such prohibited acts are committed,
or both;
2. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be
punished with a fine of not less than Three hundred pesos (P300.00) but not more than
One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to
not more than fifteen (15) days, or both;
3. Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction,
be punished with a fine of not less than One thousand pesos (P1,000.00) but not more
than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15)
day but to not more than six (6) months, or both;
4. Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall,
upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and
amount not less than five percent (5%) but not more than ten percent (10%) of his net
annual income during the previous year.
5. The additional penalty of imprisonment of a minimum period of one (1) year but
not to exceed three (3) years at the discretion of the court, shall be imposed for second
or subsequent violations of Sec. 48, pars. (9) and (10).
6. Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be
punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than
Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty
(30) days but not more than three (3) years, or both;
7. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction,
be punished with a fine not less than One hundred thousand pesos (P100,000.00) but
2
not more than One million pesos (P1,000,000.00), or imprisonment not less than one
(1) year but not more than six (6) years, or both.
8. If the offense is committed by a corporation, partnership, or other juridical identity
duly recognized in accordance with the law, the chief executive officer, president,
general manager, managing partner or such other officer-in-charge shall be liable for
the commission of the offense penalized under this Act.
9. If the offender is an alien, he shall, after service of the sentence prescribed above,
be deported without further administrative proceedings.
10. The fines herein prescribed shall be increased by at lest ten (10%) percent every
three (3) years to compensate for inflation and to maintain the deterrent functions of
such fines.
Section 50. Administrative Sanctions Local government officials and officials of
government agencies concerned who fail to comply with and enforce rules and
regulations promulgated relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules and regulations
PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 9275
PHILIPPINE CLEAN WATER ACT OF 2004
What are the prohibited acts under R.A. 9275?
Among others, the Act prohibits the following:
Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
Operating facilities that discharge regulated water pollutants without the valid
required permits
Disposal of potentially infectious medical waste into sea by vessels
Unauthorized transport or dumping into waters of sewage sludge or solid waste.
Transport, dumping or discharge of prohibited chemicals, substances or pollutants
listed under Toxic Chemicals, Hazardous and Nuclear
Wastes Control Act (Republic.Act No. 6969)
Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
Noncompliance of the LGU with the Water Quality Framework and Management
Area Action Plan
Refusal to allow entry, inspection and monitoring as well as access to reports and
records by the DENR in accordance with this Act
Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this Act
Directly using booster pumps in the distribution system or tampering with the water
supply in such a way to alter or impair the water quality
Operate facilities that discharge or allow to seep, willfully or through grave
negligence, prohibited chemicals, substances, or pollutantslisted under R.A. No. 6969,
into water bodies.
Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.
What are the fines and penalties imposed on polluters?
The following are among the fines and penalties for violators of this Act and its IRR:
Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who
commits prohibited acts such as discharging untreated wastewater into any water body
will be fined for every day of violation, the amount of not less than Php 10,000 but not
more than Php 200,000.
Failure to undertake clean-up operations willfully shall be punished by imprisonment
of not less than two years and not more than four years. This also includes a fine of
not less than Php 50,000 and not more than Php 100,000 per day of violation. Failure
or refusal to clean up which results in serious injury or loss of life or lead to irreversible
water contamination of surface, ground, coastal and marine water shall be punished
with imprisonment of not less than 6 years and 1 day and not more than 12 years and
a fine of Php 500,000/day for each day the contamination or omission continues.
In cases of gross violation, a fine of not less than Php 500,000 but not more than Php
3,000,000 will be imposed for each day of violation. Criminal charges may also be
filed.
PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 8749
PHILIPPINE CLEAN AIR ACT OF 1999
3
Section 1. Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in the Act and these Implementing Rules
and Regulations, fine of not less than Ten Thousand Pesos (P 10,000.00) but not more
than One Hundred Thousand Pesos (P 100,000.00) or six (6) years imprisonment or
both shall be imposed. If the offender is a juridical person, the president, manager,
directors, trustees, the pollution control officer or officials directly in charge of the
operations shall suffer the penalty herein provided.
Section 2. Burning of Municipal Waste
Any person who burns municipal waste in violation of Sections 1 and 3 of Rule XXV
shall be punished with two (2) years and one (1) day to four (4) years imprisonment.
Section 3. Burning of Hazardous Substances and Wastes Any person who burns
hazardous substances and wastes in violation of Section 1 of Rule XXV shall be
punished with four (4) years and one (1) day to six (6) years imprisonment.
Section 4. Burning of Bio-Medical Waste. Any person who burns bio-medical waste
in violation of Section 4 of Rule XXV shall be punished with four (4) years and one
(1) to six (6) years imprisonment.
Section 5. Smoking in Public Places Any person who smokes inside a public building
or an enclosed public place, including public
utility vehicles or other means of public transport or in any enclosed area outside of
his private residence, private place of work or any duly designated smoking area shall
be punished with six (6) months and one (1) day to one (1) year imprisonment or a fine
of ten thousand pesos (P 10,000.00).
Section 6. Manufacture, Importation, Sale, Offer for Sale, Introduction into
Commerce, Conveyance or other Disposition of Leaded Gasoline.
Any person who manufactures, imports, sells, offers for sale, introduces into
commerce, conveys or otherwise disposes of, in any manner leaded gasoline shall be
punished with three (3) years and one (1) day to five (5) years imprisonment and liable
for the appropriate fine as provided in Section 1.
Section 7. Manufacture, Importation, Sale, Offer for Sale, Introduction into
Commerce, Conveyance or other Disposition of Engines and/or Engine Components
Requiring Leaded Gasoline.
Any person who manufactures, imports, sells, offers for sale, introduces into
commerce,
conveys or otherwise disposes of, in any manner engines and/or engine components
which require the
use of leaded gasoline shall be punished with three (3) years and one (1) day to five
(5) years
imprisonment and liable for the appropriate fine as provided in Section 1.
Section 8. Manufacture, Importation, Sale, Offer for Sale, Dispensation,
Transportation or Introduction into Commerce of Unleaded Gasoline Fuel which do
not Meet the Fuel
Specifications.
Any person who manufactures, sells, offers for sale, dispenses, transports or introduces
into commerce unleaded premium gasoline fuel in violation of Section 3 of Rule XXXI
or which do not meet the fuel specifications as revised by the DOE shall be punished
with three (3) years and one (1) day to five (5) years imprisonment and liable for the
appropriate fine as provided in Section 1.
Section 9. Manufacture, Importation, Sale, Offer for Sale, Dispensation,
Transportation or Introduction into Commerce of Automotive Diesel Fuel which do
not Meet the Fuel.
Specifications.
Any person who manufactures, sells, offers for sale, dispenses, transports or introduces
into commerce automotive diesel fuel in violation of Section 3 of Rule XXXI or which
do not meet the fuel specifications as revised by the DOE shall be punished with three
4
(3) years and one (1) day to five (5) years imprisonment and liable for the appropriate
fine as provided in Section 1.
Section 10. Manufacture, Importation, Sale, Offer for Sale, Dispensation,
Transportation or Introduction into Commerce of Industrial Diesel Fuel which do not
Meet the Fuel
Specifications.
Any person who manufactures, sells, offers for sale, dispenses, transports or introduces
into
commerce industrial diesel fuel in violation of Section 3 of Rule XXXI or which do
not meet the fuel
specifications as revised by the DOE shall be punished with three (3) years and one
(1) day to five (5)
years imprisonment and liable for the appropriate fine as provided in Section 1.
Section 11. Manufacture, Processing, Trade of Fuel or Fuel Additive Without
Prior Registration of the Fuel or Fuel Additive with the DOE.
Any person who manufactures, processes, or engages in the trade of any fuel or fuel
additive without having the fuel or fuel additive registered with the DOE shall be
punished with two (2) years and one (1) day to four (4) years of imprisonment and
liable for the appropriate fine as provided in Section 1.
Section 12. Misfuelling.
Misfuelling refers to the act of introducing or causing or allowing the introduction of
leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and
labeled unleaded gasoline only.
Any person who misfuels shall be punished with one (1) year and one (1) day to three
(3) years imprisonment or a fine of twenty thousand pesos (P 20,000.00)
PROHIBITED ACTS | FINES AND PENALTIES | PRESIDENTIAL DECREE
1586 ENVIRONMENTAL IMPACT STATEMENT (EIS) STATEMENT OF
1978
Legal Basis of Fines and Penalties
The fines, penalties and sanctions of the Philippine EIS System is based on the Section
9.0 provision of P.D. 1586, as follows: " Penalty for Violation.- Any person,
corporation or partnership found violating Section 4 of this Decree, or the terms and
conditions in the issuance of the Environmental Compliance Certificate, or of the
standards, rules and regulations issued by the National Environmental Protection
Council pursuant to this Decree shall be punished the suspension or cancellation of
his/its certificate and/or a fine in an amount not to exceed fifty thousand pesos
(P50,000.00) for every violation thereof, at the discretion of the National
Environmental Protection Council."
Section 4 of P.D. 1586 states that "No person, partnership or corporation shall
undertake or operate any such declared environmentally critical project or area without
first securing an Environmental Compliance Certificate issued by the President or his
duly authorized representative."
Suspension of ECCs
ECCs may be suspended for violation of Proponents to comply with ECC conditions.
It is noted that ECC suspension does not necessarily mean the Proponent is absolved
of its responsibility in implementing its approved Environmental Management Plan
(EMP). PD 1586 does not preclude the fact that DENR may require the Proponent to
institute environmental safeguards/measures to prevent further threat or actual damage
to the environment.
Authority to Impose Fines and Penalties
Imposition of fines and penalties is vested on the Directors of the EMB Central Office
or Regional Office upon persons or entities found violating provisions of P.D. 1586
and its Implementing Rules and Regulations.
Cease and Desist Order
The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO) based
on violations under the Philippine EIS System to prevent grave or irreparable damage
to the environment which cannot be attributed to specific environmental laws (e.g. RA
8749, RA 9275, RA 6969, etc). Such CDO shall be effective immediately. An appeal
or any motion seeking to lift the CDO shall not stay its effectivity. However, the DENR
shall act on such appeal or motion within ten (10) working days from filing.
5
Publication of Firms

The EMB may publish the identities of firms that are in violation of P.D. 1586 and its
Implementing Rules and Regulations despite repeated Notices of Violation.

Scope of Violations Violations of provisions of PD 1586 and DAO 2003-30 are

classified as follows:

Projects with or without ECCs which pose grave and/or irreparable danger to
environment, life and property;

Projects which are established and/or operating without an ECC: A project that has
commenced its implementation is deemed "operating without an ECC", whether or not
it is in actual operation. The phrase "operating without ECC" refers to all projects that
were implemented without ECC that should have been required by the P.D. 1586 IRR.
Operating with an ECC secured from agencies or entities other than DENR is also
considered "operating without an ECC". Projects operating without an ECC shall not
be issued EMB regional environmental permits by EMB-PCD/EQD until such projects
have complied with the PEISS in securing an ECC.