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Terence M. Grana
2008-02-26 (1)
On Marine Pollution Measures
Protecting the country’s marine resources and controlling the pollution of seas within its territorial jurisdiction are the main objectives of three measures now being deliberated on by the Committee on Ecology under Representative Belma Cabilao (1st District, Zamboanga Sibugay).
House Bills 78, 117 and 2661, respectively authored by Reps. Rozzano Rufino Biazon (Muntinlupa City), Juan Edgardo Angara (Aurora), and Maria Evita Arago (3rd District, Laguna), all seek to intensify the fight against marine pollution.
The bills, in effect, seek to amend Presidential Decree 979 or the Marine Pollution Decree of 1976.
In seeking to further prevent marine pollution and protect the marine environment, Rep. Biazon’s bill specifically seeks an increase in the penalty imposed under PD 979 against polluters of navigable waters. From the current fine of P200 to P10,000, the proposal is to increase it to P5 million, and from the current prison term of not less than 30 days nor more than one year, the proposal is to increase it to eight to 12 years, without prejudice to the civil liability of the offender in accordance to existing laws.
Rep. Angara’s bill imposes limitations in the disposal of refuse from ships in deep waters, at the same time, mandates the establishment of a system for the dumping of waste materials taking into account their characteristics and composition.
Meanwhile, Rep. Arago said her bill is in consonance with the International Convention for the Prevention of Pollution from Ships or the MARPOL Convention. HB 2661 seeks to prevent and control marine pollution from ships and drilling rigs within the territorial seas of the Philippines.
The MARPOL Convention is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978 respectively, which includes regulations aimed at preventing and minimizing pollution from ships from the disposal or discharge of oil, noxious and harmful substances, sewage and garbage.
These regulating measures were carried by Rep. Arago’s bill.
During the meeting of the Committee on the three bills, stakeholders from both the government and the private sector articulated their respective concerns on the measures.
Lawyer Brenda Pimentel from the International Maritime Organization (IMO) expressed support for the imposition of higher fines as she cited the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter which encourages the passage of laws providing stiffer penalties or fines for the dumping of wastes other than oil.
The said convention is one of the first global conventions to protect the marine environment from human activities and has been in force since 1975. Its objective is to promote the effective control of all sources of marine pollution and to take all practicable steps to prevent pollution of the sea by dumping of wastes and other matter. It was eventually replaced by the London Protocol in 1996 which prohibits all dumping except for possibly acceptable wastes.
Lawyer Peter Aguilar who represented the Philippine Inter-Island Shipping Association Inc. and Philippine Petroleum Sea Transport Association Inc. also expressed his support for the imposition of higher penalties.
However, he objected to the imposition of excessively high fines arguing that this will only promote bribery and graft and corruption. He said that the most powerful deterrent to the commission of an offense is still the “honest to goodness enforcement of the law.”
Contradicting Aguilar’s statement, Rep. Biazon said that corruption should not be used as an excuse against the imposition of higher fines. “We must not make it affordable for violators to violate the law,” he declared.
Meanwhile, Marcial Q.C. Amaro III of Petron said that oil companies are doing their share of protecting the environment by strictly following the international standards on safety and management such as those set by the Oil Companies International Marine Forum (OCIMF). This body requires the conduct of regular audit and inspection of vessels carrying oil products.
Rep. Eduardo Nonato Joson (1st District, Nueva Ecija), for his part, proposed that the level of penalties to be imposed be based on the kind of pollutant.
Dr. Gil Jacinto of the University of the Philippines Marine Science Institute, however, said it is difficult to set the penalty for every type of pollutant since all pollutants have dire effects on the marine environment, whether immediate or long-term.
He maintained the view that the transfer of oil from ships to the refineries causes more inadvertent oil spillage than oil spillage caused by disasters.
The Committee decided to form a technical working group (TWG) to further study the three bills. - (source: Committee on Ecology)
2008-02-26 (2)
On Cyber-Crime Bills
With no specific laws yet penalizing computer fraud, cyber-trafficking and other related cyber-crimes in the country, the Committee on Information Communications Technology is giving attention to a proposal that will principally address and penalize cyber-crimes.
Headed by Catanduanes Representative Joseph Santiago, the Committee deliberated on the proposal which is embodied in House Bill 1323 authored by Rep. Eric Singson (2nd District, Ilocos Sur); HB 2196 by Rep. Marcelino Teodoro (1st District, Marikina City); HB 3190 by Rep. Carmelo Lazatin (1st District, Pampanga); and HB 3249 by Rep. Isidro Ungab (3rd District, Davao City).
HB 1323 seeks to prevent and penalize computer fraud, abuses, and other cyber-related fraudulent activities. It also proposes the establishment of a Cyber-Crime Investigation and Coordinating Center (CICC) which shall be tasked to investigate, coordinate, collate and synergize efforts of all law enforcement agencies in combating cyber crimes.
In filing the bill, Rep. Singson underscored the need to have a stronger and more specific cyber-crime law. He said that while the recently approved Electronic Commerce Act (Republic Act 8792) provides penalties for computer-related crimes, the same generally refers to all acts inimical to the use of computers and applications of information technologies such as computer hacking.
HB 1323 aims to complement the E-Commerce Law as it further specifies cyber offenses and their corresponding penalties, he said.
On the other hand, HBs 2196, 3190 and 3249 aim to address the proliferation of sex trafficking of women, men and children through posting images of lewd acts in the internet and live sexual acts through the use of chat rooms.
Rep. Teodoro stressed the urgent need “to come up with concrete measures in order to at least abate, if not completely eradicate the continued onslaught and proliferation of cyber sex and child pornography in the country which lure as customers even innocent children.”
Similarly, Rep. Lazatin underscored the “necessity to campaign against cybersex operations lest society suffer its detrimental effects.”
For his part, Rep. Ungab invoked the right of all people to human dignity in stressing the need for a law that will penalize cyber-trafficking.
During the Committee’s meeting on the bills, Special Agent Palmer Mallari of the National Bureau of Investigation Anti-Fraud and Computer Crimes Division (AFCCD-NBI) expressed his agency’s support for the measures and commented that the passage of the proposed law has long been overdue.
He also requested the body to add a provision requiring internet service providers and phone companies to keep transaction and message records longer in their database. He said cellular phone companies retain short messages in their database for three to four months only.
Mallari explained that these records are needed during an investigation of a crime. He also underscored the need to empower investigators to access these records and to even confiscate cyber-related evidence, if warranted, for forensic evaluation.
The Committee decided to form a technical working group to further study the bills.
The TWG will be composed of representatives from the Commission on Information and Communications Technology (CICT), NBI, Criminal Investigation and Detection Group (CIDG), Department of Social Welfare and Development (DSWD), and the Department of Justice (DOJ) with Rep. Teodoro Locsin Jr. (1st District, Makati City) as chairman and Reps. Abraham Kahlil Mitra (2nd District, Palawan) and Liwayway Vinzons-Chato (Camarines Norte) as members.
The Committee also approved the consolidation of HB 1409 by Rep. Santiago, HB 2695 by Rep. Ronald Singson (1st District, Ilocos Sur); HB 3007 by Rep. Rufus Rodriguez (2nd District, Cagayan de Oro City); and HB 3075 principally authored by Rep. Narciso Santiago III (Party List, ARC), all seeking to penalize cable theft.
The measures declare it unlawful for any person, whether natural or juridical, to intercept or tap and use any signal or service offered over cable television (CATV) and cable internet systems, sell or possess electronic equipment which circumvent or allow unauthorized access to satellite program signals and systems of cable internet service operators, and destroy cable internet facilities and accessories.
These measures were crafted in response to the clamor of CATV and internet providers for a law that would shield stakeholders against the high incidence of cable theft through unauthorized interception of CATV programming or internet services.
In addition to the unauthorized installation or use of cable connections, HB 2695 also penalizes those persons who steal or possess stolen or pilfered cable or telephone wires. – (source: Committee on Information and Communications Technology)
Bill to penalize dumping wastes into sea
A lawmaker has moved to protect marine resources in the country by penalizing the dumping of sewage sludge and industrial wastes into the sea.
Rep. Rufus B. Rodriguez filed House Bill No. 4105 seeking to impose a fine on violators of not less than P50,000 nor more than P500,000, or imprisonment of not less than 3 months but not more than 6 years, or both at the court’s discretion.
Dubbed as the “Sea Dumping Ban Act,” the bill wants to promote the natural balance of the environment for the protection of human health and safety.
“The dumping of wastes directly into the ocean pollutes our seawaters, harmfully affecting our rich marine resources,” Rodriguez said.
He urged for the immediate passage of the bill, stressing that the dumping of untreated sewage has already resulted in the pollution of coastal waters and an increase in the incidence of red tide rendering seafood unsafe for human consumption.
“The dumping of sewage sludge and industrial wastes threatens the health not only of the Filipino people, but also of marine life,” the solon added.
The Rodriguez measure mandates the Department of Environment and Natural Resources (DENR) to provide a monitoring report, accounting the discharges in the waters of the territorial sea, economic zone and ocean. This will be done in consultation with the Department of Transportation and Communications (DOTC).
“The country’s rich marine ecosystem is severely threatened by pollution from diverse sources and it is the government’s duty to double its efforts at protecting our marine resources,” Rodriguez said.