Article 38p. 38

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

and mixtures including safety data submitted, data on

emission or discharge into the environment, and such

documents

shall

be

available

for

inspection

or

reproduction during normal business hours except that

the Department of Environment and Natural Resources

may

consider

a

record,

report

or

information

or

particular portions thereof confidential and may not be

made public when such would divulge trade secrets,

production or sales figures or methods, production or

processes unique to such manufacturer, processor or

distributor, or would otherwise tend to affect adversely

the

competitive

position

of

such

manufacturer,

processor

or

distributor.

The

Department

of

Environment

and

Natural

Resources,

however,

may

release information subject to claim of confidentiality to

a medical research or scientific institution where the

information

is

needed

for

the

purpose

of

medical

diagnosis or treatment of a person exposed to the

chemical substance or mixture.

SECTION 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 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 (1) day to six (6) years and one (1) day and a fine

ranging from Six hundred pesos (P600.00) to Four

thousand pesos (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 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.

b) (i) The penalty of imprisonment of twelve (12) years

and one (1) 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 the 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 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 mixtures.

SECTION 16. Promulgation of Rules and Regulations. —

The Department of Environment and Natural Resources,

in

coordination

with

the

member

agencies

of the

Inter-Agency Technical Advisory Council, shall prepare

and publish the rules and regulations implementing this

Act within six (6) months from the date of its effectivity.

SECTION 17. Appropriations. — Such amount as may be

necessary to implement the provisions of this Act is

hereby

annually

appropriated

and

included

in

the

budget of the Department of Environment and Natural

Resources.

SECTION 18. Separability Clause. — If any provision of this

Act is declared void or unconstitutional, the remaining

provisions thereof not affected thereby shall remain in

full force and effect.

SECTION 19. Repealing Clause. — All laws, presidential

decrees, executive orders and issuances, and rules and

regulations which are inconsistent with this Act are

hereby repealed or modified accordingly.

SECTION 20. Effectivity Clause. — This Act shall take

effect after fifteen (15) days following its publication in

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