Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Congressional Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

3609

HOUSE BILL NO.

Introduced by Representative Marlyn L. Primicias-Ag

EXPLANATORY NOTE

Section 16, Article II of the 1987 Philippine Constitution states 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.”

According to members and allies of EcoWaste Coalition, massive floods around
the metropolis during devastating storms were caused by drainage systems and
waterways perennially clogged with plastic garbage, making it difficult for floodwaters to
recede after a heavy downpour. These floods had caused serious threats to the safety of
urban and even rural communities. Reminiscing our previous encounters with Bagyong
‘Ondoy and Pepeng, the Habagat, and Bagyong Labuyo ang Maring, we must make a
change for our own good. We must prevent these flooding scenarios and preserve what is

left with our environment.

Presently, there are more or less 95 LGUs all over the country implementing an
ordinance regulating the use of plastic bags. This bill advocates reusable, biodegradable

bags and seeks to regulate use of plastic bags. Through this, consumers are encouraged to


eliminate the use of plastic bags, thereby saving our environment and reducing the risk of

more serious disasters.

Thus, the early passage of this bill is earnestly requested

NY.
MARLYW L. PRIMPCIAS-AGABAS.
Repregentative
Sixth District, Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Congressional Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

3609

HOUSE BILL NO.

Introduced by Representative Marlyn L. Primicias-Agabas

AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION, USE,
RECOVERY, COLLECTION, RECYCLIN'
AND DISPOSAL OF PLASTIC BAGS

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

SECTION 1. Short Title. - This Act shall be known as the “Plastic Bag Regulation Act of
2014"

SECTION 2. Definition of Terms. - For the purpose of this Act

(a) Biodegradable plastic bag refers to a plastic bag that degrades into fine wetable
fragments through oxidation processes and thereafter attains molecular structure
suited for biodegradation that results from the action of naturally occurring
microorganisms such as bacteria, fungi and algae. Such plastic bags shall, within

twenty-four (24) months after its use, have a sixty percent (60%) biodegradation


where organic carbon is converted to carbon dioxide without leaving significant
harmful residues,
{) Commercial establishment refers to an establishment or cluster of establishments

engaged in commerce or sales of goods or servi

es including, but not limited to,
market stores, shopping mall outlets, supermarkets, department stores, groceries,
convenience stores, food chains, restaurants, cafes, bars, sari-sari stores and the
like,

(c) Department refers to the Department of Environment and Natural Resources
(DENR).

(d) Operator refers to a person or group of persons in control of, or having daily
responsibility for, the daily operation of a store, which may include, but not

limited to, the owner of the store.

(c) Plastic hag refers to a polymer bag designed to be provided or utilized at the point
of sale for carrying and transporting goods

(8) Reusable bag refers to a washable canvass bag, a bayong or any shopping bag used
for carrying and transporting goods, which bags are made of organic or

nonorganic materials and can be used several times.

SECTION 3. Biodegradable Plastic Bags. - Six (6) months after the effectivity of this
Act, commercial establishments shall provide biodegradable plastic bags to their
consumers: Provided, That they shall promote and make available for sale locally-made
bayong, buli and other reusable bags that are made of abaca, water lily and other organic
or compostable materials: Provided, further, That establishments may still provide other

plastic bags as sanctioned under Section 5 of this Act

For this purpose, the Department of Trade and Industry (DTI), in coordination
with the Department, leagues of local government units (LGUs), National Solid Waste

Management Commission (NSWMC), and other government and private agencies and


‘organizations concerned shall, within six (6) months from the effectivity of this Act,
promulgate the appropriate Philippine National Standard (PNS) for biodegradable plastic
bags: Provided, That the DTI shall consider in the PNS the recyclability of biodegradable

plastic bags.

SECTION 4. In-Store Recovery Program. - Within sixty (60) days after the effectivity of
this Act; ‘the operator or cluster of operators of commercial establishments that provide
plastic bags to consumers as part of a purchase at retail, shall establish an in-store
recovery program that will give their customers an opportunity to return their used plastic
bags to the commercial establishments from which the plastic bags originated. An in-
store recovery program provided by the operator of said commercial establishment shall

include the following

(a) A plastic bag shall have printed or displayed on it in a manner visible to the
consumer, a logo and/or words showing that it is a biodegradable plastic bag;
(

A plastic bag printed with the name or logo of the establishment shalll have printed
or displayed on it the words "PLEASE RETURN TO ANY STORE FOR
RECYCLING", in addition to the requirement of the immediately preceding
paragraph;

(

A plastic bag recovery bin shall be placed at each store or cluster of stores and
shall be visible, easily accessible to the costumer, and clearly marked that the
recovery bin is available for the purpose of collecting, recycling and disposal of
plastic bags;

c)

All plastic bags recovered by the store shall be collected, transported, and,
whenever practicable, recycled and disposed by the LGUs pursuant to Section 8 of
this Act

{e) The commercial establishment shall maintain records describing the recovery,
collection, transport, and whenever applicable, recycling and disposal of plastic

bags collected for a minimum of three (3) years, and every year thereafter. It shall


make the records available to the Department and/or LOU, upon request, to
demonstrate compliance with this Act The LGU concerned shall likewise
maintain records it has recovered, collected and transported for recycling or
disposal, and shall make the records available to the Department;

(| The commercial establishment shall require their customers to surrender an
equivalent or practically equivalent plastic bag for the provision of a new plastic
bag. Otherwise, the customer or consumer will be charged a fixed fee of P1.00 per
plastic bag, which fee shall be reflected in their receipts; and

{e) The commercial establishment shall make local reusable bags available to
consumers within the establishment, which shall be purchased in lieu of
surrendering an old plastic bag or purchasing a new plastic bag

SECTION 5. Phase-out of Non-biodegradable Plastic Bags. -Notwithstanding the
provision of Section 4 of this Act, non-biodegradable plastic bags shall be gradually
phased out within a period of three (3) years from the effectivity of this Act. Thereafter,
production, importation, sale, distribution, provision or use of said bags shall be
prohibited.

SECTION 6. Lead Agency. - The Department, unless otherwise provided herein, shall be
the primary government agency, responsible for the implementation and enforcement of

this Act.

SECTION 7. Linkage Mechanism. - The Department, in coordination with the DTI and
the NSWMC, shall consult, and enter into an agreement with other government agencies
or LGUs, or with concerned nongovernmental organizations (NGOs) or people's
organizations (POs), or private enterprises in the furtherance of the objectives of this Act.


SECTION 8. Role of Local Government Units (LGUs) - The LOUs shall have the
primary responsibility in the effort to decrease the percentage of plastic bag waste
produced within their respective territorial jurisdictions

For this purpose, they shall be primarily responsible for the collection,
transportation, recycling and disposal of plastic bags recovered pursuant to this Act. The
LGUs may enjoin the participation of other concerned government agencies, private
entities and industries.

The Department of Science and Technology (DOST), in coordination with the
National Ecology Center, shall provide the LGUs with technical assistance, trainings and

continuing capability-building programs to attain the objectives of this Act

SECTION 9. Fines and Penalties. - Violations of Sections 3, 4 and $ of this Act shall be
penalized in the following manner:
(a) A fine of not exceeding One hundred thousand pesos (P100,000,00) for the first
offense;
(b) A fine of not exceeding Two hundred fifty thousand pesos (P250,000.00) for the
second offense;
(o) A fine of not exceeding Five hundred thousand pesos (P500,000.00) for the third
offense; and
(d) A fine of not exceeding Seven hundred fifty thousand pesos (P750,000.00) and
automatic revocation of its business permit for the fourth offense
Fines shall be imposed based on the capitalization of commercial establishments. For
this purpose, the Department shall establish such classification of commercial

establishments.

For purposes of the imposition of appropriate fines hereof, the Department ‘shall
establish classification of commercial establishments based on their capitalization.
Any fine collected pursuant to this section shall be retained by the barangay unit, where

the store is located in order to augment its waste management capability.


SECTION 10. Administrative Action. - Without prejudice to the right of any person to
file an administrative action, the Department shall, on its own instance or upon verified
complaint by any person, institute administrative proceedings in the proper forum against
any natural or juridical person who violates any of the provisions of this Act with respect
to:

(a) Standards and limitations provided by this Act, or

(b) Such order, rule or regulation issued by the DTT with respect to such standard or

limitation.

SECTION 11. Independence of Action. - The filing of an administrative suit against such
person or entity does not preclude the right of any other person to file any criminal or

civil action.

SECTION 12. Enforcement. - The enforcement of the penal provision of this Act shall be
made through the Department, in coordination with the Office of the Mayor of the LGU

concerned.

SECTION 13. Joint Congressional Oversight Committee. - The Joint Congressional
Oversight Committee created under Section 60 of Republic Act No. 9003, otherwise
known as the "Ecological Solid Waste Management Act of 2000", shall likewise monitor
the implementation of this Act and review the implementing rules and regulations

promulgated by the Department.

SECTION 14. Implementing Rules and Regulations. - The Department, in coordination
with the DTI, the NSWMC and other relevant government agencies and organizations
shall, within six (6) months from the effectivity of this Act, promulgate the implementing
rules and regulations (IRR) governing this Act


SECTION 15. Appropriations. - The amount necessary to carry out the provisions of this
Act shall be charged against the current year's appropriations of the concerned agencies
Thereafter, such sums as may be necessary for the operation and maintenance of this Act

shall be included in the General Appropriations Act

SECTION 16. Separability Clause. - If, for any reason, any provision of this Act or part
thereof is declared unconstitutional or invalid by a court of competent jurisdiction, the

other provisions or parts hereof not affected shall remain in full force and effect
SECTION 17. Repealing Clause. - All laws, decrees, orders, issuances, ordinances, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SECTION 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,