Oil Pollution Compensation Act of 2007

8/13/2019 Oil Pollution Compensation Act of 2007

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Oil Pollution Compensation Act

of 2007

Republic Act No. 9483


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Declaration of Policy

Adopts the internationally accepted

measures which impose strictliability for Oil Pollution Damage andensure prompt and adequate

compensation for persons who suffersuch damage.


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Scope of Application

Shall apply exclusively to Pollution

Damage caused in Philippine territory,including its territorial sea and itsexclusive economic zone, and to

preventive measures, wherever taken,to prevent or minimize such damage.


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Liability on Pollution Damage

Ship Owners or Insurer

Joint & Several Liability of Owners if the Incident

involves two or more vessels


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Expenses for Clean-Up Operations


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Expenses of Preventive Measures and furtherloss or damage caused by preventive measures


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Consequential loss or loss of earnings suffered byOwners or users of property contaminated or damaged


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Pure economic loss or loss of earnings sustained by personsalthough the damaged property does not belong to them


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Damage to human health or loss of life


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Environmental damages and other reasonablemeasures of environmental restoration


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Funds Under this ActFunds from the deposit or bank guarantee or otherfinancial security of Ship Owners with MARINA(Sec. 11)

The Owner shall be required to deposit the sum representing the limit ofhis liability

Not exceeding 5,000 tons - 3 million units of account

In excess of 5,000 tons 3 million plus 420 units of account for eachunit of excess

The Funds will be used to cover Incidents causing Pollution Damage,claims for compensation of which must be brought directly to the RTC


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The MARINA will issue certificate to ship carrying more than 2,000

tons of Oil in bulk as cargo attesting that an insurance is in force inaccordance with provisions of this Act

Enforcement:

Philippine Ports Authority (PPA) shall deny port servicesto Ship carrying more than 2,000 tons of oil in bulk as cargo bypreventing it from loading or unloading its cargo until it is able toproduce the certificate from MARINA

Philippine Coast Guard (PCG) shall conduct inspection ofsuch certificates


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Oil Pollution Management Fund - OPMF (Sec.22)

Contributions of Owners through an impost of 10c/liter for everydelivery or transhipment of Oil made by tanker barges and tankerhaulers

Fines imposed pursuant to this Act, grants, donations, endowment fromvarious sources, domestic or foreign, and amounts specifically

appropriated for OPMF under the annual General Appropriations Act


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Shall be used to finance the following activities:

Immediate containment, removal and clean-up operations of thePCG in all Oil pollution cases, whether covered by this Act or not;and

Research, enforcement and monitoring activities of relevantagencies like PCG, MARINA and PPA.

In case of final adjudication/award by the RTC, the ship Ownershall reimbursed to the OPMF the amounts advanced to the

corresponding entity or claimant.


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International Oil Pollution Compensation Fund -IOPC (Sec. 15)

Contributions from any person who has received more than 150,000 tonsof contributing Oil in a calendar year in all ports or terminal installationsin the Philippines through carriage by sea

The Fund pays compensation when:

the damage exceeds the limit of the shipownersliability under the1992 CLC, or

the shipowner is exempt from liability under the 1992 CLC, or

the shipowner is financially incapable of meeting his obligations infull under the 1992 CLC and the insurance is insufficient to pay validcompensation claims.


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Reporting of Contributing Oil

Mandatory reporting of the quantity of contributing oil

received in the territory in a calendar year, to theDepartment of Energy (DOE), who shall communicate,through the Department of Foreign Affairs (DFA) the dataand in the manner prescribed by the 1992 FundConvention.


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Action for Compensation

Such action shall be filed with the RTC within 3 years of

the date on which the damage occurred, but not later than6 years of the date of the Incident

The PCG shall investigate, motu proprio or through

compensation or violation of this Act, and shall forthwithfile appropriate action with the RTC


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The PCG shall likewise provide the complainantnecessary technical evidence or any assistance, whetheror not testimonial or documentary, insofar as the claim

for compensation or violation of this Act is concerned

Filing fee is equivalent to 10% of the regular ratesestablished by the Supreme Court

Indigent plaintiff is exempted from payment of filing fee


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Punishable Acts


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(e) Any person who shall refuse, obstruct, or hamper the entry of the dulyauthorized representatives of the Department or any person authorizedunder this Act aboard any Ship or establishment

Fine not exceeding P100,000.00

(f) Any Ship apprehended for violation of this Act may be subjected todetention.

NOTE: The fines prescribed in this Section and other sections of this Chaptershall be increased by at least ten percent (10%) every three years to compensatefor inflation and to maintain the deterrent function of such fines.


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Oil Pollution Compensation Act

of 2007

Republic Act No. 9483

THANKYOU

Date post:	04-Jun-2018
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Oil Pollution Compensation Act of 2007

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