FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
OCT 20 P 1 :49 
SENAl'E 
S. N~. \jOOl 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 16 provides: 
The State shall protect and advance the right of the people to a balanced 
and healthful ecology in accord with the rhythm and harmony of nature. 
Every year, shoppers use 500 billion to one trillion plastic bags, 1 which translate to 150 
bags a year for every person on earth. The use of plastic items is environmentally unsafe and also 
costly. It is considered one of the most common forms of litter, pollution, and waste.2 Plastic 
bags do not just create visual pollution problems, they are also the cause of major flooding in 
urban areas since they clog canals, drainages, and waterways. As a common form of pollution, 
they have harmful effects on aquatic and terrestrial animals as they cannot be digested by such 
animals easily. 
Plastic bags are made from polyethylene, which comes from petroleum, a nonrenewable 
source. Presently, a distinction has been made between biodegradable plastics, recyclable 
plastics, and non-biodegradable plastics.3 Compared to the former, biodegradable and recyclable 
plastics are considered more environment-friendly. It has been claimed that when one ton of 
plastic bags are reused or recycled, the energy saved is equal to II barrels of oi\.4 
The United Kingdom's Department of Envirolll11ent has revealed, however, that these so-
called "biodegradable" bags are really just regular plastic bags that allegedly break down faster 
than other plastic bags. Recyclable plastics, meanwhile, need a longer time to degrade. Their 
1 Greenwire, Environment and Energy Pnblishing LLC. 22 July 2004. 
2 Green Sangha Organization, "Don't think of a Plastic Bag!" 
3 htlp:llrandd.defra.gov. uklDocument.aspx?Document=EV0422 _8859_ OTH. pdf 
4 Id 
1 


degradability is inversely proportional with their recyclability. Hence, the more recyclable they 
are, the less degradable they will be.5 
The. use of recyclable and biodegradable plastic bags perpetuates a "throw-away 
mentality" because plastic bags give a false impression that their continued use does not hurt the 
environment.6 However, whether plastic is biodegradable or recyclable, they do not cease to be 
plastic, meaning, they are still made of petroleum and continue to be hazardous to the 
environment. 7 In addition, even if they do break down faster, they require ideal conditions, such 
as exposure to sun and air, in order for them to degrade. These conditions are not available in our 
landfills.8 Also, these biodegradable plastic bags cannot be recycled with other types of plastics.9 
The best way to eradicate plastic bag waste is to completely ban its usage by 
establishments. To help save the environment, it is imperative upon the State to promote the use 
of reusable bags as an alternative to plastic bags. Some countries have already realized the 
detrimental effect of plastic bags on their environment, and have enacted laws that completely 
ban the use of plastic bags. In 2002, Bangladesh was the first country to impose a nationwide ban 
of plastic bags. lO China followed by imposing a nationwide ban on plastic bags in February 
2008, 11 while different states in the United States, such as San Francisco and Los Angeles, have 
already banned plastic bags. 12 In the Philippines, several local government units have enacted 
ordinances banning the use of plastic bags. These include Antipolo City; Lucban, Quezon; Los 
Banos, Laguna; Batangas City; Muntinplupa City; Burgos, Pangasinan; Infanta, Quezon; Binan, 
Laguna; Pasig City; Nueva Ecija; and Calamba, Laguna, among many others. 
One of the notoriously flood-prone areas in Metro Manila, Muntinlupa City, has 
benefited from a city ordinance prohibiting the use of plastic bags on dry goods, and regulating 
its use for wet goods. The same ordinance also banned the use of Styrofoam, which was usually 
5 Loughborough University, Assessing the Environmental Impats of Oxo-degradable Plastics 
Across their Life Cycle. Janual) 2010. 
6Id. 
7 http://www.algalita.org/pdf/plastic%20are%forever%20english.pdf 
8 Id 
9Id. 
10 http://www.asiacalling. orgl enlnews/bangladeshl19 5 2-bangladesh-the-first -country-in -the-
world-to-ban-plastic-bags 
II http://plasticbags.planetark.org/about/othercountries.cfm 
12 http://www.npr.org/templates/story/story.php?storyld=8913 5360 and 
hUp:/lecolocalizer.comI2008/07/24/Ios-angeles-bans-plastic-bags-limits-styrofoaml 
2 


used by fast-food chains. Due to the ordinance, rainwater freely flowed though canals and' 
waterways and into the Laguna de Bay, and expected flooding in several parts of Muntinlupa did 
not happen. [] 
According to the Department of Environment and Natural Resources (DENR), more than 
80 percent of the waste collected from our shorelines are made from non-biodegradable 
materials, such as plastic and rubber, while about half of plastic items collected from our oceans 
were plastic bags. 14 In their 2006 waste audit results, the Global Alliance for Incinerator 
Alternatives (GAIA) reported that plastic discards still topped, at 76 percent, the various 
categories of solid waste polluting the Manila Bay.15 The same group also reported that in their 
clean-up of Laguna Bay, plastic discards accounted for the highest percentage of the 1,755 liters 
of waste collected.16 
This Bill seeks to completely ban plastic bags, and create incentives for the promotion 
and use of reusable bags. 
~ 
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pHY' . MIRIAM D 
NSOR 
TI 
13 http://www.thepoc.net/breaking-news/environmentI12587-fa!con-Ieaves-muntinlupa-l1ood-
free-because-o f-p lastics-ban.html 
14 http://www.gmanews.tv/story/201791/malls-to-charge-fee-for-plastic-bags-once-a-week 
15 http://www.usnewslasvegas.com/nationallplastic-trash-stays-as-top-polluter-of-manila-bay-
waste-audit-revealsl 
16 http://www.no-burn. orgl plasti c-waste-tops-laguna -de-bay-debris 
3 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
OCT 20 P 1 :49 
Sp:NATE 
S. No. 
3001 
r 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
BANNING THE USE OF PLASTIC BAGS, REGARDLESS OF COMPOSITION, IN ALL 
3 
RETAIL ESTABLISHMENTS AND PROVIDING PENALTIES FOR VIOLATIONS 
4 
THEREOF 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
5 
SECTION 1. Short Title. - This Act shall be known as the "Total Plastic Bag Ban Act of 
6 
2011." 
7 
SECTION 2. Declaration of Policy. - It is the policy of the State to afford full protection 
8 
and the advancement of the right of the people to a healthful ecology in accord with the rhythm 
9 
and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework 
10 
which espouses sustainable development to fulfill human needs while maintaining the quality of 
II 
the natural environment for current and future generations. 
12 
SECTION 3. Definition of Terms. - As used in this Act, the following terms shall mean: 
13 
(a) 
"Green carryout bag" means a single-use carryout bag that is provided by a store 
14 
to a customer at the point of sale and meets all of the following requirements: 
15 
(i) 
Is composed of at least 40 percent post-consumer recycled content 
16 
material; 
17 
(ii) 
Is capable of composting within 180 days, as determined by the 
18 
Department of Environment and Natural Resources. 
19 
(b) 
"Green carryout bag" does not include a reusable bag. 
1 


1 
(c) 
"Operator" means a person in control of, or having daily responsibility for, the 
2 
daily operation of a store, which may include, but is not limited to, the owner of the store or its 
3 . manager. 
4 
(d) 
"Paper calTyout bag" means a paper carryout bag provided by a store to a 
5 
customer at the point of sale that is not a reusable bag as defined in subdivision (f). 
6 
(e) 
"Plastic carryout bag" means a plastic carryout bag provided by a store to a 
7 
customer at the point of sale that is not a reusable bag as defined in subdivision (f). 
8 
(1) 
"Reusable bag" means either a bag made of cloth or other machine washable 
9 
fabric that has handles or a durable plastic bag with handles that is at least 2.25 millimeters thick 
10 
and is specifically designed and manufactnred for multiple reuse. Such bag must not be 
11 
composed of any toxic material, such as lead, cadmium, or any other heavy metal, as determined 
12 
by the Department of Enviromnent and Natural Resources. 
13 
(g) 
"Single-use canyout bag" means a carryout bag provided by the store to a 
14 
customer at the point of sale that is not a reusable bag as defined in subdivision (f), and includes 
15 
biodegradable or compostable bags. 
16 
(h) 
"Native reusable bag" means a carryout bag made of at least 80 percent native 
17 
materials, such as abaca, burlap, bnri, or the like. 
18 
(i) 
"Paper canyout bag" means any paper bag made of at least 60% recycled paper 
19 
provided by a store to a customer at the point of sale. 
20 
"Store" means a retail establishment that provides single-use carryout bags to its 
21 
customers as a result ohhe sale ofa product and that meets any of the following requirements: 
22 
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27 
28 
(k) 
29 
Resonrces. 
(i) 
Is a "supermarket" or a large self-service retail market that sells food and 
household goods that has over 1,000 square meters of retail space or 
(ii) 
Is a chain of convenience food stores primarily engaged in retailing a 
limited line of goods that includes milk, bread, soda, and snacks, with a 
total combined square footage of 1,000 square meters or more in any part 
ohhe country. 
"Department" shall refer to the Department of Envirol1ll1ent and Natnral 
2 


1 
(I) 
"Secretary" shall refer to the Secretary of Environment and Natural Resources. 
2 
SECTION 4. Prohibitions. - A store shall be prohibited from providing plastic carryout 
3 
bags, including single-use carryout bags and green carryout bags, to its customers. Instead, it 
4 
may provide (he customer with a paper can'yout bag if shown by the customer that he or she has 
5 
not brought any reusable bag. However, all stores shall charge for each paper carryout bag a fee 
6 
of no more than EIGI-IT PESOS (P8.00), regardless of size. 
7 
SECTION 5. Penalties for noncompliance. - Stores caught using single-use plastic bags, 
8 
even if such are green CatTy-out bags, shall be fined the following: 
9 
First offense - A fine of TWENTY THOUSAND PESOS (P20,000.00); 
10 
Second offense - A fine of FIFTY THOUSAND PESOS (P50,000.00) and suspension of 
11 
their business permit for six months; 
12 
Third offense - A fine of ONE HUNDRED THOUSAND PESOS (PlOO,OOO.OO), 
13 
suspension oftheir business permit for a period of one year, and the operator of the store shall be 
14 
required to attend a two-day forum on environment protection to be conducted by the 
15 
Department of Environment and Natural Resources, in cooperation with an accredited pro-
16 
environment non-government organization. 
17 
Continuous offense after the third offense shall cause the revocation of the store's 
18 
business license. 
19 
SECTION 6. Mandatory promotion of reusable bags. - All stores shall be required to 
20 
promote to its customers the use of reusable bags. Noncompliance will merit a penalty of FIVE 
21 
THOUSAND PESOS (P5,OOO.OO) for the first six months, and another FIVE THOUSAND 
22 
PESOS (P5,000.00) for each and every succeeding six months of noncompliance with this 
23 
section. 
24 
SECTION 7. Incentives for promoting and providing native reusable bags. - A store that 
25 
shall promote and provide the use of native reusable bags shall be provided with tax incentives 
26 
on the sale of such bags to its costumers. Likewise, consumers who use native reusable bags 
27 
shall also be granted a tax incentive from the cost of their purchase, which shall be deducted 
28 
from the tax collected upon such purchase by the store. Such incentives shall be determined by 
29 
the Bureau of Internal Revenue. 
3 


I 
SECTION 8. Use of the amount collected. - A store charging a fee pursuant to this 
2 
section shall use the amount of the fee retained pursuant to this Act for all of the following: 
3 
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7 
8 
9 
10 
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13 
14 
15 
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(a) 
ofthe fee; 
Reimbursement of the store's costs associated with the collection and remittance 
(b) 
The development of in-store educational materials for distribution to customers 
encouraging the use of reusable bags; 
(c) 
The development and implementation of an educational campaign encouraging 
the use of reusable bags, including, but not limited to, public service announcements; and 
(d) 
Reimbursement of the store's costs associated with providing reusable bags to 
customers or as donations to community organizations, nonprofit organizations, and other similar 
entities. 
SECTION 9. Plastic Bag Pollution Fund. - The Plastic Bag Pollution Fund is hereby 
established. All fees from the penalties collected by the Department pursuant to this law shall be 
deposited in the fWld. The Plastic Bag Pollution Fund shall be used by the Department for the 
following purposes: 
(a) 
Development and implementation of programs related to the use of reusable bags 
to encourage and support pollution prevention, abatement and cleanup, enforcement, green 
chemistry, water quality protection and cleanup, and enviromnental and public education and 
outreach; 
(b) 
To establish and maintain local programs, including those in patinership with 
nonprofit community-based organizations, for purposes of litter cleanup activities, source 
reduction and recycling efforts, educational and litter prevention programs, and other programs 
to mitigate the environmental impacts of single-use can'yout bags; 
(c) 
Mitigation projects relating to storm water pollution, including devices to prevent 
single-use carryou! bag litter from entering stann drain systems; 
(d) 
Reusable bag giveaway programs, including those targeting low-income 
residents; and 
(e) 
As capital for low-income residents to pursue a business in the manufacture and 
distribution of native reusable bags. 
4 


1 
The revenues deposited in the Plastic Bag Pollution Fmld that are generated from the 
2 
penalties imposed pursuant to this law shall not be used for activities unrelated to the prevention 
3 
or reduction of litter or the environmental impacts of single-use carryout bags. 
4 
SECTION 10. Transition period. -A transition period of two years from the approval of 
5 
this law shall be allowed to phase out the distribution and use of plastic bags; provided, that 
6 
Section 6 and Section 7 of this Act shall be immediately executory upon issuance of the 
7 
Implementing Rules and Regulations. 
8 
SECTION 11. Annual Report to Congress. - The Secretary of Environment and Natural 
9 
Resources shall submit to both Houses of Congress a report within one year from the effectivity 
10 
of this Act, and every year thereafter, on the implementation ofthis Act. 
11 
SECTION 12. Implementing Rules and Regulations. - The Secretary shall prepare and 
12 
promulgate the Implementing Rules and Regulations of this Act within two months after its 
13 
enactment. 
14 
SECTION 13. Separability Clause. - If any provision, or part hereof, is held invalid or 
15 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
16 
valid and subsisting. 
17 
SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, executive 
18 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
19 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
20 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
21 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Imat 
5