>
7” RECEIVE \
veD wn

Republic of the Philippines Sat

HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.

Introduced by Representative Michael L. Romero

EXPLANATORY NOTE

The Republic of the Philippines fully recognizes its mandate to regulate, restrict or
prohibit the importation, manufacture, processing, sale, distribution, use and
disposal of chemical substances and mixtures that present unreasonable tisk
and/or injury to health or the environment; to prohibit the entry, even in transit,
of hazardous and nuclear wastes and their disposal into the Philippine territorial
limits for whatever purpose; and to provide advancement and facilitate
research and studies on toxic chemicals.

It is also the primary objective of the state to:

1) To keep an inventory of chemicals that are presently being imported,
manufactured, or used, indicating, among others, their existing and
possible uses, test data, names of firms manufacturing or using them, and
such other information as may be considered relevant to the protection
of health and the environment;

2) To monitor and regulate the importation, manufacture, processing,
handling, storage, transportation, sale, distribution, use and disposal of
chemical substances and mixtures that present unreasonable risk or injury
to health or to the environment in accordance with national policies and
international commitments;


3) To inform and educate the populace regarding the hazards and risks
attendant to the manufacture, handling, storage, transportation,
processing, distribution, use and disposal of toxic chemicals and other
substances and mixture; and

4) To prevent the entry, even in transit, as well as the keeping or storage
and disposal of hazardous and nuclear wastes into the country for
whatever purpose.

This House Bill seeks to promote, regulate and institutionalize the importation,
manufacture, processing, handling, storage, transportation, sale, distribution, use
and disposal of all unregulated chemical substances and mixtures in the
country, including the entry, even in transit as well as the keeping or storage and
disposal of hazardous and nuclear wastes into the country for whatever
purpose.

Thus, the early pgsSage of this bill is earnestly requested.

MICHAEL L. ROMERO Ph.D.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 6596

Introduced by Representative Michael L. Romero

AN ACT

AMENDING REPUBLIC ACT NO.6969, OTHERWISE KNOWN AS

THE “TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR
WASTES CONTROL ACT OF 1990”, TO ADOPT A MORE SYSTEMATIC

AND COMPREHENSIVE WASTE MANAGEMENT PROGRAM, TO

FOSTER THE IMPOSITION OF ALL EXISTING POLICIES AND
GUIDELINES, INCREASING ITS PENALTIES AND SANCTIONS, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the
Philippines in congress assembled:

SECTION 1. SHORT TITLE- This Act shall be known as the "Toxic
Substances, Hazardous and Nuclear Wastes Control Act of 2017"

SECTION 2. DECLARATION OF POLICY -

Section 14 of Republic Act No. 6969, is hereby amended to read as follows:


Section 14

Criminal Offenses and Penalties

1. The penalty of imprisonment of one (1) year and one day
to six (6) years and one day and a fine ranging from Twenty
Thousand pesos (P20,000.00) to Fifty thousand pesos
(50,000.00) 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;

2. 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;

3. 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.

1. The penalty of imprisonment of twelve (12) years and one
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;

2. In 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 One million pesos (P1,000,000.00). If it is a
foreign firm, the director and all 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;

3. 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 3. DECLARATION OF POLICY -

Section 15 of Republic Act No. 6969, is hereby amended to read as follows:

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 the Department of Environment and Natural
Resources is hereby authorized to impose a fine of not less than One
hundred thousand pesos (P100,000.00), but not more than Five
hundred thousand pesos (P500,000.00) 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 4. TRANSITORY PROVISION — Existing industries, businesses and
offices affected by the implementation of this Act shall be given six (6)
months transitory period from the effectivity of the IRR or such other period
as may be determined, to comply with the requirements of this Act.

SECTION 5. IMPLEMENTING RULES AND REGULATIONS - The departments
and agencies charged, to be lead by the Department of Environment
and Natural Resources (DENR) with carrying out the provisions of this Act,
shall within sixty (60) days after the effectivity of this Act, formulate the

necessary rules and regulations for its effective implementation.

SECTION 6. REPEALING CLAUSE - All laws, decrees, executive orders, rules
and regulations, or parts thereof inconsistent with the provisions of this Act

are hereby repealed or modified accordingly.

SECTION 7. SEPARABILITY CLAUSE - If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections or

provisions hereof shall not be affected thereby.

SECTION 8. EFFECTIVITY CLAUSE — This Act shall take effect after fifteen (15)
days from its publication in the Official Gazette or in at least two (2)

national newspapers of general circulation whichever comes earlier.

Approved,