Oil Pollution Compensation Act of 2007

Case Overview and Summary

Title: Oil Pollution Compensation Act of 2007

Declaration of Policy (Section 2):
- The State adopts internationally accepted measures to impose strict liability for oil pollution damage and ensure prompt compensation.
- Adopts the 1992 International Convention 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.

Definitions (Section 3):
- Defines key terms like "1992 Civil Liability Convention", "1992 Fund Convention", "Contributing Oil", "Incident", "Oil", "Owner", "Pollution Damage", "Preventive Measures", and "Ship".

Incorporation of Conventions (Section 4):
- The 1992 Civil Liability Convention and 1992 Fund Convention form part of Philippine law.

Scope of Application (Section 5):
- Applies to pollution damage caused in Philippine territory, territorial sea, and exclusive economic zone.

Strict Liability for Oil Pollution Damage (Sections 6-9):
- Owner is strictly liable for pollution damage caused by the ship (Section 6).
- Exemptions from liability in certain circumstances (Section 7).
- No claims against certain persons like crew members, pilots, charterers (Section 8).
- Joint and several liability for incidents involving multiple ships (Section 9).

Limitation of Liability (Sections 10-11):
- Owner can limit liability to a maximum of 59.7 million units of account, based on ship tonnage (Section 10).
- Owner must constitute a fund with MARINA to avail of limitation (Section 11).

Compulsory Insurance and Certification (Sections 12-14):
- Owners must maintain insurance or financial security for pollution damage (Section 12).
- MARINA to issue certificates attesting to insurance coverage (Section 13).
- Ships without certificates may be denied port entry or services (Section 14).

Contributions to International Fund (Sections 15-16):
- Persons receiving over 150,000 tons of contributing oil must pay to the International Oil Pollution Compensation Fund (Section 15).
- Such persons must report quantities of contributing oil received (Section 16).

Action for Compensation (Sections 17-19):
- Actions can be filed against owner or insurer before Regional Trial Courts within 3-6 years (Section 17).
- Courts to decide claims or approve settlements (Section 18).
- International Fund can intervene in proceedings (Section 19).

Penalties (Section 20):
- Fines for violations like lack of insurance, failure to contribute to Fund, or obstructing authorities.

Other Provisions:
- Establishes Oil Pollution Management Fund for clean-up operations (Section 22).
- Mandates implementing rules and regulations (Section 24).
- Repeals inconsistent laws (Section 26).
- Effectivity upon publication (Section 27).