R.A.

9483

OIL POLLUTION COMPENSATION ACT OF 2007

AN ACT PROVIDING FOR THE IMPLEMENTATION OF
THE PROVISIONS OF THE 1992 INTERNATIONAL
CONVENTI0N ON CIVIL LIABILITY FOR OIL
POLLUTION DAMAGE AND THE 1992
INTERNATIONAL CONVENTION ON THE
ESTABLISHMENT OF AN INTERNATIONAL FUND
FOR COMPENSATION FOR OIL POLLUTION
DAMAGE, PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER PURPOSES
 What is Oil Spill?
An oil spill is the release of a liquid petroleum
hydrocarbon into the environment, especially
marine areas, due to human activity, and is a form
of pollution. The term is usually applied to
marine oil spills, where oil is released into the
ocean or coastal waters, but spills may also occur
on land.
 COMMON CAUSES COMMON EFFECTS

Equipment Breakdown Death of small organisms

Human Error in the sea
Natural Calamities Affect photosynthesis of
Water Sports marine plants
Closure of fishing areas
Health effects to humans
GUIMARAS STRAIT GUIMARAS OIL SPILL
GUIMARAS OIL SPILL
CAVITE OIL SPILL
CEBU OIL SPILL RIZAL OIL SPILL
KEY POINTS
IN RA 9483
 REASONS FOR THE ENACTMENT

Adoption of the 1992 International Convention on Enacted after the

Civil Liability for Oil Pollution Damage AND Guimaras Oil Spill of 2006
the 1992 International Convention on the
Establishment of an International Fund for
Compensation for Oil Pollution Damage.
 R E LAT E D D O C T R I N E S

1. Doctrine of Transformation (Article VI, Section 21 of the 1987 Constitution)

SECTION 21. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the Members of the
Senate.
2. Polluter Pays Principle
3. Based on International Laws
 P U R P O S E AND O B J E C T I V E S

1. protection of its marine wealth in its archipelagic waters, territorial sea and
exclusive economic zone
2. ensure prompt and adequate compensation for persons who suffer such
damage
3. Gain funds under the International Oil Pollution Compensation Funds
Program to execute activities aimed at the primary purpose of securing
marine wealth
4. Minimize pollution damage caused in the PH territory
 PERSONS LIABLE

GENERAL RULE: EXCEPTIONS:

 Owners of the Ship • Acts of war or other phenomenon of an exceptional, inevitable and irresistible character
Insurer of the Ship • Act or omission done with intent to cause damage by third party
• Negligence
• Wrongful Act of the government or agencies responsible for the maintenance of lights or
other navigational aids in the exercise of that function.
 JURISDICTION

REGIONAL TRIAL COURT DEPARTMENT OF TRANSPORTATION

For claims of compensation from pollution AND COMMUNICATIONS (DOTC)
damage For allocation and payment of proper funds and other
guarantees by the ship owners
 ADDITIONAL
REQUIREMENTS
UNDER RA 9483
REGISTRATION REQUIREMENT
IN MARINA

MARINA = “Maritime Industry Authority”

Ship Owners shall be required annually by the MARINA to maintain
insurance or other financial security for Pollution Damage
CONTRIBUTION TO THE INTERNATIONAL
OIL POLLUTION COMPENSATION
FUND (IOPC)

Any person who has received more than one hundred fifty thousand
(150,000) tons of contributing Oil in a calendar year in all ports or terminal
installations in the Philippines through carriage by sea, shall pay
contributions to the International Oil Pollution Compensation (IOPC) Fund in
accordance with the provisions of the 1992 Fund Convention
 CLAIMS FOR FIVE TYPES OF POLLUTION DAMAGE

Property damage
Costs of clean-up operations at sea and on shore
Economic losses by fishermen or those engaged in marine
culture
Economic losses in the tourism sector
Costs for reinstatement of the environment
 ACTIVITIES CONSIDERED AS
V I O L A T I O N S U N D E R T H I S A C T (Sec 20)

(a) Any person who fails to institute or maintain insurance or other financial security required under
Section 12 of this Act;
(b) The Owner and the master of a Ship who operate a Ship without maintaining on board a certificate
of insurance required under Section 13 of this Act:
(c) Any person required under Section 15 of this Act to contribute to the IOPC Fund but nevertheless
fails to comply therewith after due notice by the MARINA
(d) Failure to Submit Report of Contributing Oil
(e) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of
the Department or any person authorized under this Act aboard any Ship or establishment pursuant to
this Act