Sec. 13 Prohibited Acts Sec. 14 Criminal Offenses & Penalties

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RA 6969

SEC. 13 PROHIBITED ACTS


SEC. 14 CRIMINAL OFFENSES & PENALTIES

SEC. 13 PROHIBITED
ACTS

The following acts and omissions shall be considered unlawful:

a) Knowingly use a 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 other


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 preimportation requirements; and

d) Cause, aid or facilitate, directly or indirectly, in the storage,


importation, or bringing into Philippines 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.

Sec. 14 Criminal
Offenses & Penalties
a) (i) The penalty of imprisonment of 6
months & 1 day to 6 years and 1 day and a
fine ranging from P600.00 to P4,000.00 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 shall be
deported and barred from any subsequent
entry in the Philippines after serving his
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
employee 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.

b) (i) The penalty of imprisonment of twelve


(12) years and one day to twenty (20) 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 (P500,000.00). 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 in addition to the above penalties
be deemed automatically dismissed
from office and permanently
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 aircrafts 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 and Natural
Resources is hereby authorized to impose a fine
of not less than Ten thousand pesos
(P10,000.00), but not more than Fifty thousand
pesos (P50,000.00) upon any person or entity
found guilty thereof. The administrative fines
imposed and collected by the Department of
Environment and Natural Resources shall accrue
to a special fund to be administered by the
Department exclusively for projects and research
activities relative to toxic substances and

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