Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regualr Session

4435

House Bill No.

INTRODUCED BY TGP PARTY-LIST REP. JOSE “BO!

;” J. TEVES, JR.

“AN ACT REGULATING AND FURTHER PROHIBITING THE USAGE OF SINGLE-

USE PLASTIC PRODUCTS, PROVIDING PENALTIES, LEVIES AND INCENTIVES

FOR INDUSTRIES, BUSINESS ENTITIES AND CONSUMERS THEREOF, AND FOR
OTHER PURPOSES”

EXPLANATORY NOTE

According to a research conducted by the Ocean Conservancy and McKinsey Center for
Business and Environment in 2015, the Philippines is the third (3+) largest source of plastic
contributor into the ocean and one of the highest among Southeast Asia in terms of collection of
garbage.’ It is so massive that it is not only an environmental concern but also a health concern.
Piles of uncollected and unsegregated trash scattered along the roads and water ways become
source of various disease. Likewise, plastic wastes are also one of the main contributors of flooding
in several parts of our country as it clog our drainage and water ways.

Plastic wastes, proven by research and time, take hundreds of years to decompose. Before
its decomposition, it has already created substantial damage to our environment and health due to
its improper usage and disposal. Despite the enactment of several environmental laws, this
representation sees that additional laws are needed to further curb the garbage problem in our
country.

* https://www. philstar.com/headlines/2018/06/15/1824813/philippines-3rd-largest-contributor-
ocean-plastic


Under Article II, Section 16 of the Constitution, it provides that 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”. Consistent with such Constitutional provision, and to address the pervasive
garbage problem and its damage in our country’s environment, this representation seeks the urgent
approval of this bill to eradicate the root of the problem, which is plastic waste.

This proposed bill seeks to regulate the importation and manufacture of single-use plastics
and further prohibiting its usage. The regulation also involves discouraging the people to use
single-use plastics and encouraging the usage of recyclable, multi-use materials or other
alternatives.

In view of the foregoing, | recommend the immediate approval bill.

JOSE “BO! J. TEVES, JR.
Representative, TGP Party List


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4435

INTRODUCED BY TGP PARTY-LIST REP. JOSE “BONG” J. TEVES, JR.

“AN ACT REGULATING AND FURTHER PROHIBITING THE USAGE OF SINGLE-

USE PLASTIC PRODUCTS, PROVIDING PENALTIES, LEVIES AND INCENTIVES

FOR INDUSTRIES, BUSINESS ENTITIES AND CONSUMERS THEREOF, AND FOR
OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. ~ This law shall be known as the “Single-Use Plastic Products
Prohibition and Regulation Act of 2019”.

SECTION 2. Declaration of Policy. ~ It is the policy of the state in accordance with the
Constitution, to protect and advance the right of the people to a balanced and healthful ecology in
accordance with rhythm and harmony of nation.

In light with the enforcement of Republic Act No. 9003, otherwise known as the Ecological
Solid Waste Management Act of 2000, the state acknowledges the role of business entities and
consumers as key partners in attaining the ultimate purpose of prohibiting and regulating the

single-use plastic usage.


SECTION 3. Definition of Terms. — As used in this Act, the following terms are defined:

(a) Business Entities refers to entities engaged in the manufacture, production,
processing, repacking, including service-oriented entities. The term shall include retailers, self-
employed, micro, small, and medium enterprises, and community based business entities.

(b) Consumer refers to purchaser and user of plastics whether intended for single or
multiple use.

(©) Disposal refers to the act of dumping or placing of waste, whether intentional or
otherwise, into land or bodies of water.

(4) Incentives refers to incentives provided under Section 10 of this Act.

(©) Plastic refers to a lightweight, resistant, and synthetic material made from a wide
range of polymers whether organic or otherwise, which can be molded into a variety of forms
depending on purpose or utility.

(f) Recycling refers to a process whereby used or waste materials are treated for
purposes of reusing them or transforming them to new products or raw materials.

(g) Retailers refers to a person engaged in the business of selling products directly to
consumers.

(h) Reusable Material refers to any material designed for multiple use. Provided the
reusable material is biodegradable or compostable and recyclable. Provided further, that the
reusable material does not contain harmful chemicals such as but not limited to cadmium, lead,
and other chemicals as provided by the existing rules and regulations of the Department of
Environment and Natural Resources.

(i) Single-Use Plastic refers to disposable plastics which are intended to be used only
once before they are disposed or recycled. The term includes but is not limited to plastic sachets,
styrofoam, food packaging plastics, plastic bags, cups, straws, and utensils.

SECTION 4. Scope.—This Act shall apply to the importation, manufacture, use, disposal,
and recycling of single-use plastic products by business entities or consumers within the

Philippines.


SECTION 5. Prohibition of Single-Use Plastics and Levy for the Use in the Interim
Period. — The prohibition of single-use plastics by all business entities as defined in this Act shall
be in full force and effect one (1) year after the effectivity of this Act. During the interim period
of one (1) year, the following shall be implemented:

a) The issuance of single-use plastics as defined in this Act by food establishments,
stores, markets, retailers, and grocery stores shall be strictly banned;

b) __ Diversion in the usage of reusable materials such as but not limited to eco-bags and
woven-bags by the consumers in lieu of single-use plastics shall be highly encouraged;

©) Single-use plastics already in circulation in the general market and the utilization
of single-use plastics which cannot be avoided shall be collected, disposed, and recycled in
accordance with the provisions of Republic Act No. 9003;

d) _ Foreach single piece of single-use plastic already manufactured and in circulation,
business entities shall charge every consumer a minimum levy of eight pesos (Php. 8.00);

) The amount collected in the preceding paragraph shall be remitted to the Solid
‘Waste Management Fund under Republic Act No. 9003;

Upon the effectivity of this Act and after the one (1) year interim period provided in this
Section, the usage of single-use plastics by business entities and consumers shall be strictly

prohibited.

SECTION 6. Prohibition of Importation of Single-Use Plastics. ~ One (1) year after the
effectivity of this Act, the importation of single-use plastics shall be strictly prohibited. Further,
within one (1) year after the effectivity of this Act, the Tariff Commission in coordination with the
Bureau of Customs shall collect the corresponding tariff specified in the Implementing Rules and
Regulations of this Act. The tariff collected under this provision shall be remitted to the Solid
Waste Management Fund as provided under Republic Act No. 9003.

SECTION 7. Recycling of Used Single-Use Plastics. — It shall be the duty of the
appropriate government agency or local government unit to collect, recover and recycle used

single-use plastics in accordance with the provisions of Republic Act No. 9003.


The National Solid Management Waste Commission shall ensure the compliance of the

appropriate government agency or local government unit to this provision.

SECTION 8. Research and Development for Alternatives to Single-Use Plastics - The
Department of Science and Technology (DOST) in coordination with the National Solid
Management Waste Commission shall conduct research and development and as a result thereof,

innovate an alternative to single-use plastics.

SECTION 9. Program for Affected Employees of the Plastic Industry ~ After the
effectivity of this Act, the Department of Trade and Industry (DTI), Department of Labor and
Employment (DOLE), and Technical Education and Skills Development Authority (TESDA) shall
implement capacity building programs for the affected employees of the plastic industry and
provide necessary skills training in consonance with the innovation by the DOST of the alternative

to single-use plastics.

SECTION 10. Incentives to Business Entities shifting to Alternatives. ~ Incentives
provided under the following laws, where applicable, shall be given to business entities that shifted
from single-use plastics to alternatives:

a) Barangay Micro Business Enterprise Act of 2002;

b) Magna Carta for Micro, Small, and Medium Enterprises;

c) Green Jobs Act of 2016;

d) Omnibus Investment Code of 1987

The local government units are encouraged to provide additional benefits to those business
entities within their respective jurisdictions that shifted to alternatives. Additional benefits or
incentives to qualified business entities that may be provided by Congress or local government

councils upon enactment of a new law shall not be limited by this Act.

SECTION 11. Monitoring and Inspection - The Department of Trade and Industry (DTI)

shall be the primary government agency tasked to monitor, inspect, and determine the compliance


of business entities to this Act. The DTI may coordinate with the appropriate local government
unit and the Philippine National Police to ensure compliance with this Act.

The local government unit, upon thorough determination of compliance with this Act, and
upon the recommendation of DTI, shall issue the necessary Certificate of Compliance to business
entities that are compliant with this Act. Business entities shall be required to submit the Certificate

of Compliance for purposes of local business permit renewal.

SECTION 12. Education and Information Dissemination — The DTI in coordination of
the Department of Education (DepEd), Commission on Higher Education (CHED), Department of
Environment and Natural Resources (DENR), Philippine Information Agency (PIA) and the local
government units, shall conduct proper dissemination of information and education regarding the
regulation and prohibition of the usage of single-plastics in the country and the effects of its
continued usage.

SECTION 13. Penalties — Violations of any provisions of this Act shall be meted with the

following penalties and sanctions:

For business entities or enterprises under R.A. 6977 as amended by R.A. 8289, otherwise
known as the Magna Carta for Small Enterprises, and R.A. 9178 also known as the Barangay
Micro Business Enterprises Act of 2002, and other non-VAT registered business entities:

First Offense: Fine of Fifteen Thousand Pesos (Php. 15,000.00);

Second Offense: Thirty Thousand Pesos (Php. 30,000.00) and suspension of business
permit for six (6) months;

Third Offense: Sixty Thousand Pesos (Php. 60,000.00) and suspension of business
permit for one (1) year;

Fourth Offense: One Hundred Twenty Thousand Pesos (Php. 120,000.00) and
immediate revocation of business permit and ineligibility for

application of business permit for five (5) years;


For VAT registered persons or business entities and all other plastic manufacturers found

violating this Act, the following penalties shall be imposed:

First Offense: One Hundred Twenty Thousand Pesos (Php. 120,000.00);

Second Offense: Two Hundred Fifty Thousand Pesos (Php. 250,000.00) and
suspension of business permit for six (6) months;

Third Offense: Five Hundred Fifty Thousand Pesos (Php. 550,000.00) and

suspension of business permit for one (1) year;
Fourth Offense: One Million Two Hundred Thousand Pesos (Php. 1,200,000.00)
and immediate revocation of business permit and ineligibility for

application for business permit for five (5) years.

Monetary penalties collected from the abovementioned violations of non-VAT registered
and VAT registered business entities shall be remitted to the Solid Waste Management Fund in
accordance with R.A. 9003. Lucky have

Any local government officials or government agencies who fail to comply with and
enforce this Act shall be held administratively liable under R.A. 7160 otherwise known as the

Local Government Code and other existing laws and regulations.

SECTION 14. Disclosure and Information — Reports, records, or any information relating
to the implementation of this Act shall be accessible to the public, unless such report, record, or
information are confidential as may be found by the DTI as when the effects thereof shall be
adversary to the competitive competition of the manufacturer, seller, or distributor.

SECTION 15. Congressional Oversight ~ The House of Representatives or the Senate, or
the Joint Congressional Oversight Committee under R.A. 9003, shall perform the necessary
oversight function and shall have the power to monitor and evaluate the implementation of this
Act.


SECTION 16. Appropriations - An amount necessary to carry out the provisions of this
‘Act shall be included in the annual appropriations of the DENR and other implementing agencies
under the General Appropriations Act.

SECTION 17. Implementing Rules and Regulations — The DENR, DTI, DILG, other
concerned government agencies, and representatives from the local government unit, shall issue
and promulgate the necessary Implementing Rules and Regulations within one hundred twenty
(120) days from the effectivity of this Act.

SECTION 18. Separability Clause - If any portion or provision of this Act is declared
unconstitutional or invalid, the remainder of this Act or any of the provisions hereof not affected

thereby shall continue to be in force and effect.
SECTION 19. Repealing Clause — Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent or contrary to any of the provisions of

this Act is hereby repealed or modified accordingly.

SECTION 20. Effectivity — This Act shall take effect after fifteen (15) days following its

complete publication in the Official Gazette or a newspaper of general circulation.

Approved,