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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

5668

HOUSE BILL NO. __

Introduced by REP. Michael L. Romero and Enrico A. Pineda

EXPLANATORY NOTE

Itis hereby a policy of the state to:
(1) Ensure the protection of the public health and environment:

(2) Utilize environmentally-sound methods that maximize the utilization of
valuable resources and encourage resource conservation and recovery;

(3) Set guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization measures,
including composting, recycling, re-use, recovery, green charcoal
process, and others, before collection, treatment and disposal in
appropriate and environmentally sound solid waste management
facilities in accordance with ecologically sustainable development
principles;

(4) Ensure the proper segregation, collection, transport, storage,
treatment and disposal of solid waste through the formulation and
adoption of the best environmental practice in ecological waste
management excluding incineration;


(5) Promote national research and development programs for improved
solid waste management and resource conservation techniques, more
effective institutional arrangement and indigenous and improved
methods of waste reduction, collection, separation and recovery;

(6) Encourage greater private sector participation in solid waste
management;

(7) Retain primary enforcement and responsibility of solid waste
management with local government units while establishing a
cooperative effort among the national government, other local
government units, non- government organizations, and the private sector;
and

(8) Encourage cooperation and self-regulation among waste generators
through the application of market-based instruments.

(9) Institutionalize public participation in the development and
implementation of national and local integrated, comprehensive, and
ecological waste management programs; and

(10) Strength the integration of ecological solid waste management and
resource conservation and recovery topics into the academic curricula of
formal and non-formal education in order to promote environmental
awareness and action among the citizenry.

This House Bill seeks to foster the imposition of all existing rules and regulations,

providing stiffer penalties and sanctions, and providing additional and

continuing funding.

Thus, the early passage of this bill is earnestly requested.
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MICHAEL L. ROMERO Ph.D ENRICO A. PINEDA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

5668

HOUSE BILL NO.

Introduced by REP. Michael L. Romero and Enrico A. Pineda

AN ACT
AMENDING REPUBLIC ACT NO.9003, OTHERWISE KNOWN AS THE
“Ecological Solid Waste Management Act of 2000”, TO ADOPT A
MORE SYSTEMATIC, COMPREHENSIVE AND ECOLOGICAL SOLID 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. DECLARATION OF POLICY -
Section 49 of Republic Act No. 9003, is hereby amended to read as follows:
Section 49. Fines and Penalties -

(a) Any person who violates Sec. 48 paragraph (1) shall, upon
conviction, be punished with a fine of not less than Three
thousand pesos (P3,000.00) but not more than Ten thousand


pesos (P10,000.00) or render community service for not less
Ten (10) days but not more than Thirty (30) days to an LGU
where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall,
upon conviction be punished with a fine of not less than Three
thousand pesos (P3,000.00) but not more than Ten thousand
pesos (P10,000.00) or imprisonment of not less than Ten (10)
days but not more than Thirty (30) days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7)
shall, upon conviction, be punished with a fine of not less than
Five thousand pesos (P5,000.00) but not more than Ten
thousand pesos (P10,000.00) or imprisonment of not less than
Thirty (30) days but not more than six (6) months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and
(11) for the first time shall, upon conviction, pay a fine of
Seven hundred fifty thousand pesos (P750,000.00) plus the
amount not less than five percent (5%) but not more than ten
percent (10%) of his net annual income during the previous
year.

The additional penalty of imprisonment of a minimum period
of one (1) year but not to exceed three (3) years at the
discretion of the court, shall be imposed for second or

subsequent violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13) shall,
upon conviction, be punished with a fine not less than Thirty
thousand pesos (P30,000.00) but not more than Three


hundred thousand pesos (P300,000.00) or imprisonment of not
less than Ninety (90) days but not more than three (3) years,
or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16)
shall, upon conviction, be punished with a fine not less than
Two hundred fifty thousand pesos (P250,000.00) but not more
than One million pesos (P1,000,000.00), or imprisonment not

less than one (1) year but not more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other
juridical identity duly recognized in accordance with the law, the
chief executive officer, president, general manager, managing
partner or such other officer-in-charge shall be liable for the
commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence
prescribed above, be deported without further administrative

proceedings.

The fines herein prescribed shall be increased by at least Fifteen
(15%) percent every Five (5) years to compensate for inflation and

to maintain the deterrent functions of such fines

SECTION 2. ADDITIONAL AND CONTINUING APPROPRIATIONS -

The state shall hereby appropriate an additional Twenty million pesos
(P20,000,000.00) as additional operational and organizational funding

from the Commission and the National Ecology Center as well as the


expenses of the local government units (LGUs) to cary out the mandate
of this Act,

The amount of Twenty million pesos (P20,000,000.00) is hereby
appropriated from the Organizational Adjustment Fund on the year of the

effectivity of this Act, and every year thereafter.

Additional requirements shall be charged to the appropriations under the
current General Appropriations Act (GAA).

Thereafter, such sum as may be needed for the continued
implementation of this Act shall be included in the annual General
Appropriations Act (GAA).

SECTION 3. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged 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 4. 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 5. SEPARABILITY CLAUSE. ~ If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shalll not be affected thereby.

SECTION 6. 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,