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

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 (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.

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.

Projects violating ECC conditions and EMP Commitments and other procedural requirements of the
Philippine EIS System:

Violations in relation to ECC conditions are classified as minor and major offenses, differentiated by
schedule of fines based on seriousness and gravity of the offense:

MINOR Offenses (violations of administrative conditions in the ECC and the EIS System procedures,
rules and regulations that will not have direct significant impact on the environment but can impede or
delay compliance against other ECC conditions and/or EMP commitments which the Proponent is
required to comply or can prevent/deter EMB from performing monitoring or audit functions on the
Proponent's environmental performance), such as: 1) non-submission or delay in submission of
reports/requirements; 2) transfer of ownership of the project/ECC without prior approval from ECC-
issuing authority; 3) delay or failure to initiate formation or implementation of ECC conditions which do
not have significant impacts on the environment, such as formation of EU, MMT, EMF, EGF, enhancement
measures and other similar/equivalent requirements prior to the required deadline in the ECC; 4) non-
compliance with other administrative conditions in the ECC; 5) non-compliance with administrative and
technical procedural guidelines in the DAO 2003-30 and its Revised Procedural Manual; and 6) Other
offenses deemed "minor" at the discretion of the EMB CO/RO Director.

MAJOR Offenses (violations of substantive conditions in the ECC and the EIS System procedures, rules
and regulations that will have significant impact on the environment and which the Proponent is
required to comply), such as: 1) non-implementation of substantive conditions in the ECC on the EMP
and EMoP and other related substantive commitments in the EIA Report, including modifications during
EIA Report Review, 2) exceedance of project limits or area; 3) significant addition of project component
or product without prior DENR-EMB approval; 4) major change in project process or technology resulting
in unmitigated significant impacts not addressed by approved EMP; 5) Other offenses deemed "major"
at the discretion of the EMB CO/RO Director.
d.Misrepresentations, whether material or minor constitute violations on the theory that full disclosure
in the EIA Report is the key to the effective use of the EIS System as a planning and management tool.