Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
EXPLANATORY NOTE 
Under the Constitution, Article II, Section 16 provides that: The State shall protect and 
advance the right of the people to a balanced and healthful ecology in accordance 
with the rhythm and harmony of nature. 
The Philippines at present faces growing environmental concerns, such as global 
climate change, improper waste disposal, and air and water pollution. Hence, Filipino 
consumers are becoming more willing to spend more on environment-friendly 
products. As cited by a news report, a consumer survey facilitated by Kantar revealed 
that the majority or 75 percent of Filipino consumers prefer sustainable and 
eco-friendly brands.1 
Environmental marketing claims are useful because they convey information about 
products and influence purchasing decisions of every consumer. However, 
environmental marketing claims are largely unregulated which may lead to exploiting 
genuine consumer concerns and bringing confusion to the customers. 
This bill shall: (1) prevent the use of fraudulent and deceptive environmental 
marketing claims; (2) empower consumers with reliable and consistent guidance to 
facilitate value comparisons; (3) establish uniform, accurate standards and definitions 
that reflect the best available manufacturing practices, products, and packaging; (4) 
encourage the development of innovative technologies and practices to be adopted 
by manufacturers in considering the environmental effects when producing products 
and packages; and (5) encourage both consumers and industry to adopt habits and 
practices that favor natural resources conservation and environmental protection. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
1 https://mb.com.ph/2021/04/25/75-of-filipino-consumers-prefer-eco-friendly-brands/ 
October 20, 2022
1:53 pm
5630


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
AN ACT 
TO ESTABLISH AN ENVIRONMENTAL MARKETING CLAIMS 
MONITORING PROGRAM  
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 “Environmental Marketing 
Claims Act.” 
SECTION 2. Definitions. – For the purposes of this Act, the term: 
(A) “Product” means any commodity, goods, or item distributed for promotional use, 
rent, lease, or sale, through retail or wholesale sales agencies or agencies or 
instrumentalities, for consumption or use; 
(B) “Package” means the coating, covering, container, or wrapping used during a 
product life cycle, including any outer container, wrapping or label used in the 
retail display of any product; 
(C) “Life cycle” includes the extraction; processing and manufacturing; transportation 
and distribution; use; and management as waste of raw materials used in the 
manufacture of a product or package, and of the product or package; 
(D) “Environmental marketing claim” means any symbols or terms that are on a label, 
package, or product or that are used in promotion or advertising to inform 
consumers about the environmental impact or environmental attributes of a 
product or package during any part of its life cycle; 
(E) “Label” means any written, printed, or graphic material affixed to or appearing 
upon a product or package or appearing upon a shelf or display area that refers 
to a product or package; 
(F) “Secretary” means the Secretary of the Department of Trade and Industry; 
(G) “End product” means only those items that are designed to be used until disposal; 
items designed to be used in production of a subsequent item are excluded; 
(H) “Post-consumer material” means only those products or packages generated by 
a business or consumer, as defined by the Secretary, which have served their 
intended end uses, and which have been separated or diverted from solid waste 
5630


 
 
except that such term shall no include wastes generated during the production of 
an end product;  
(I) “Pre-consumer material” means waste generated during production which 
cannot be returned to the same production process, nor used by the same parent 
company to make a product similar to the original product, nor used by another 
company to make a product similar to the original product, used by the same 
parent company to manufacture a different product, and includes all wastes 
generated during the intermediate steps producing an end product by 
succeeding companies;  
(J) “Secondary 
material” 
means 
any 
combination 
of 
pre-consumer 
and 
post-consumer material. 
 
SECTION 3. Environmental Labeling Regulatory Program. – The Secretary shall 
establish, by regulation, an environmental marketing claims regulatory program. The 
purposes of such a program shall be to carry out the provisions of this Act. 
 
SECTION 4. Independent Advisory Board. – The Secretary, by regulation, shall 
establish not later than 180 days after the date of enactment of this Act, an 
Independent Advisory Board, hereinafter the “Board”, to advise and make 
recommendations to the Secretary concerning the regulation of environmental 
marketing claims. 
 
(A) Membership. – The Board shall consist of fifteen (15) members, including four (4) 
ex officio members, who shall be appointed by the Secretary as follows: 
(1) Three (3) members who are recognized as consumer advocates, one of whom is 
a recognized expert in marketing or consumer perception;  
(2) Five (5) members representative of the industry and manufacturing, including: 
(a) One (1) retailer;  
(b) One (1) manufacturer;  
(c) One (1) recognized waste management expert in the private sector; and  
(d) One (1) end user of post-consumer materials; 
(3) Three (3) members representative of environmental organizations, of whom one 
member is a recognized expert in soil science or environmental toxicology;  
(4) Two (2) members, who shall serve ex officio, who are officers or employees of 
the government, and of whom: 
(a) One (1) member is recognized expert in consumer protection; and   
(b) One (1) member is recognized as a waste management, pollution reduction, 
or pollution prevention expert. 
(5) Two members, who shall serve ex officio, who are officers of employees of the 
Department of Environment and Natural Resources and who are involved in 
pollution prevention and waste management.  
 
Members of the Board serving ex officio shall have no vote. The Chairman of the 
Board shall be designated by the Secretary. The Board shall meet at the call of the 


 
 
Secretary or the Chairman. 
 
(B) Administrative Matters. – The Board shall conduct its business in open meetings, 
subject to any requirement for privacy in personal matters and review of confidential 
information under any provision of law, and may hold hearings to seek public 
comment and participation in formulating recommendations for the definitions and 
standards described in Section 5(A). 
Members of the Board who are not otherwise employed by the Government may be 
allowed travel expenses, including per diem in lieu of subsistence, as determined by 
the Secretary and subject to the applicable laws. 
 
(C) Annual Report. – Not more than 180 days after the initial meeting of the Board, 
and annually thereafter, the Chairman of the Board shall submit to the Secretary a 
report that outlines the activities and recommendations of the Board relating to the 
items described in Section 5. The initial report shall include the recommendations 
described in Section 5(A). 
 
SECTION 5. Regulation of Environmental Marketing Claims. –  
(A) Recommendations by the Board. – Recommendations by the Board to the 
Secretary, shall include definitions and standards to be used in regulating 
environmental 
marketing 
claims 
on 
a 
national 
basis. 
In 
making 
such 
recommendations, the Board shall consider available studies, standards, and other 
information that the Chairman of the Board determines to be appropriate. 
 
(B) Final Recommendations. – The Secretary, after considering the recommendation 
of the Board described in paragraph (A), shall, not later than 18 months after the date 
of the enactment of this Act, promulgate final regulations governing the use of 
environmental marketing claims, including statements to the effect that a product or 
package is:  
(1) Source reduced;  
(2) Refillable;  
(3) Reusable;  
(4) Recyclable;  
(5) Has recycled content;  
(6) Compostable;  
(7) Ozone neutral;  
(8) Nontoxic; or  
(9) Otherwise related to an environmental impact or attribute, as 
determined by the Secretary. 
 
In promulgating the regulations described above, the Secretary shall ensure that an 
environmental marketing claim shall be related to a specific environmental impact or 
attribute, as determined and defined by the Secretary, in such manner as to ensure 
that such environmental marketing claim is not false, misleading, or deceptive except 


 
 
that this shall not preclude the use of general environmental seals of approval 
awarded according to objective criteria that promote environmentally preferable 
products and packages, as determined by the Secretary.  
 
In promulgating such regulations pursuant to paragraph (B), the Secretary shall 
likewise ensure that with respect to an environmental marketing claim, such claim has 
been substantiated on the basis of the best available scientific information.  
 
In promulgating regulations pursuant to paragraph (B), the Secretary shall also assign 
a product to a category or subcategory for the purpose of such regulations according 
to the composition of the product; and the packaging of the product.  
 
In establishing product categories for the purposes of the regulations, as described in 
paragraph (B), the Secretary may establish a category on the basis of the function of 
the product.  
 
In promulgating the regulations described in paragraph (B), the Secretary shall 
ensure that environmental marketing claims shall make a clear distinction between 
the product and any accompanying packaging unless the claim applies to both. 
 
(C) Requirements of Final Regulations. – The Secretary shall include the following 
requirements in the final regulations described in paragraph (B):  
(1) An environmental marketing claim relating to recycled content shall bused only in 
connection with a product or package containing post-consumer materials and, 
except as provided in subparagraph (2), the post-consumer materials shall equal 
a minimum rate of 25 percent prior to the year 2005, and a minimum rate of 50 
percent (by weight on or after the year 2005 of the product content or package 
composition; 
(2) Notwithstanding the above, an environmental marketing claim relating to 
recycled content may be used in connection with a product or package that 
contains a percentage of post-consumer or secondary materials that is less than 
the percentage specified in subparagraph (1); if a manufacturer, retailer, or 
distributor, or other person responsible for the use of such environmental 
marketing claim, as determined by the Secretary, includes in such claim a 
sentence in which the terms described in the regulation promulgated under 
Section 5 are displayed no more prominently than other words in the sentence 
that states the percentage by weight and by volume of post-consumer and 
secondary materials used in such product or package; 
(3) An environmental marketing claim relating to the recyclable nature of a product 
or package shall be used only in connection with a product or package for which 
a manufacturer, retailer, distributor, or other person responsible for the use of 
such environmental marketing claim, as determined by the Secretary, is able to 
demonstrate, to the satisfaction of the Secretary, that such product or package 
shall be recycled, at a minimum rate of 25 percent prior to the year 2005;  


 
 
(4) An environmental marketing claim relating to the reusable or refillable nature of a 
product or package shall be used only in connection with a product or package 
that is reused for the original purpose of the product or package, an average of 
five times or more, as determined by the Secretary;  
(5) An environmental marketing claim relating to the compostable nature of a 
product or package shall be used only in connection with a product or package 
for which a manufacturer, retailer, distributor, or other person responsible for the 
use of such environmental marketing claim, as determined by the Secretary, that 
such product or package shall be composted, at a minimum rate of 25 percent 
prior to the year 2005 and at a minimum rate of 50 percent on or after the year 
2005 of all such products or packages, in a solid waste disposal system, 
including a composting solid waste disposal system, in which the compostable 
nature of the product is a desirable and environmentally significant characteristic 
(as defined by the Secretary; and such product or package will not release toxic 
materials or any other materials that may otherwise be harmful to humans, other 
organisms or natural ecological processes, as defined by the Secretary. 
 
(D) Additional Regulations. – The Secretary may, at any time after the date of the 
promulgation of the regulations required under paragraph (B), promulgate such 
additional regulations as the Secretary determines, to be necessary to carry out the 
purposes of this Act.  
 
In reviewing the regulations described in paragraph (B) or in any additional 
regulations promulgated under this subsection, the Secretary shall determine whether 
it is appropriate to promulgate additional regulations to:  
(1) Reflect the best available use and the best available technology that will 
encourage higher performance levels in products and packaging in meeting the 
objective 
of 
reducing 
negative 
environmental 
impacts 
and 
improving 
environmental attributes; and  
(2) Reflect the most recent scientific and practical knowledge of technological 
advances and improvements (as determined by the Secretary) in manufacturing 
techniques and waste management. 
 
Not later than three (3) years after the date of the promulgations of the final 
regulations or any additional regulations promulgated under this subsection, and 
every three (3) years thereafter, the Secretary shall review such regulations. 
 
An interested individual, including a representative of industry, and interested citizen, 
or a representative of an environmental organization, may petition the Secretary to 
initiate rulemaking procedures with respect to promulgating additional regulations 
under this Section.  
 
Not later than sixty (60) days after receiving a petition described above, the Secretary 
shall determine whether to accept or deny the petition and shall publish the petition in 


 
 
at least two newspapers of general circulation, along with an explanation of the 
reasons for such determination. 
 
SECTION 6. Certification. – 
(A) Filing of a Certification. – Not later than six (6) months after the date of the 
promulgation of any regulation under Section 5, any manufacturer or any other 
person who intends to use an environmental marketing claim for which the Secretary 
has promulgated a regulation shall first submit a certification to the Secretary that the 
environmental marketing claim intended to be used meets the requirements of this 
Act. Such certification shall be in such form as the Secretary shall prescribe by 
regulation and shall contain such information as the Secretary determines to be 
appropriate. 
 
(B) Disapproval Of Certification. – The Secretary may, at any time, disapprove the 
certification provided under paragraph (A) if the Secretary determines that the 
environmental marketing claim that the manufacturer or other person intends to use 
does not meet the requirements of the regulations promulgated under Section 5 of 
this Act.  
 
(C) Recertification. – Any person using an environmental marketing claim shall 
resubmit a certification to the Secretary that the environmental marketing claim used 
meets the requirements of the Act if:  
(1) Changes have been made in the product or package that would affect its ability 
to meet the regulatory requirements of the environmental marketing claim 
previously used for such a product or package; or  
(2) New regulations have been promulgated under this Act relating to the 
environmental claim being used. 
Such recertification shall be submitted to the Secretary within six (6) months of the 
occurrence of either event described in subparagraphs (1) and (2) above.  
 
SECTION 7. Prohibition. – It shall be unlawful for any person to fail or refuse to 
comply with any regulation promulgated under Section 5(b) of this Act; or any order 
issued by the Secretary to carry out any regulation. It shall likewise be unlawful for 
any person to use an environmental marketing claim for which the Secretary has 
issued a regulation under Section 5 if the person has failed to file a certification as 
required by Section 6; or the Secretary has disapproved a certification under Section 
6. 
 
 
SECTION 8. Penalties. – 
(A) Civil. – Any person who violates a provision of Section 7 of this Act shall be liable 
to the Philippine Government for a civil penalty in an amount not to exceed One 
Hundred Thousand Pesos (P100,000.00) for each such violation. Each day such a 
violation continues shall, for the purpose of this subsection, constitute a separate 


 
 
violation of Section 7 of this Act.   
 
A civil penalty for a violation of Section 7 of this Act shall be assessed by the 
Secretary by an order made on the record after opportunity for a hearing in 
accordance with regulations as determined by the Secretary. Before such an order, 
the Secretary shall give written notice to the person to be assessed a civil penalty 
under such order, of the Secretary’s proposal to issue such order and provide such 
person an opportunity to request, within fifteen (15) days from the date of notice is 
received by such person, such as a hearing on the order. 
 
In determining the amount of a civil penalty, the Secretary shall take into account the 
nature, circumstances, extent, and the gravity of the violation, and with respect to the 
violator, ability to pay, effect on ability to continue to do business, any history of prior 
related violations, the degree of culpability, and such other matters as the Secretary 
determines to be appropriate.  
 
Any person who has requested a hearing with respect to the assessment of a civil 
penalty, may file a petition for judicial review of such order with the Regional Trial 
Court in the place where such person resides or transacts business. Such a petition 
may only be filed within the 30-day period beginning on the date the order making 
such assessment was issued. 
 
If a person fails to pay an assessment of a civil penalty after the order making the 
assessment has become a final order and if such person does not file a petition for 
judicial review of the order; or after a court in an action has entered  a final judgment 
in favor of the Secretary; the Solicitor General shall recover the amount assessed, 
including interest at currently prevailing rates from the date of the expiration of the 
30-day period or the date of such final judgment, as the case may be, in an action 
brought in any appropriate Regional Trial Court. In such action, the validity, amount 
and appropriateness of such penalty shall not be subject to review. 
 
(B) Criminal. – Any person who knowingly or willfully violates any provision of Section 
7 of this Act, shall, in addition to or in lieu of any civil penalty which may be imposed 
under paragraph (A) of this Section for such violation, be subject, upon conviction, to 
a fine of not more than One Hundred Thousand Pesos (P100,000.00) for each day of 
violation, or to imprisonment for not more than 1 year, or both.  
 
 
Not later than December 1 of the year in which this Act is promulgated, and 
December 1 of each fifth calendar year thereafter, the Secretary shall prescribe and 
publish in at least two (2) newspapers of general circulation, a schedule of maximum 
authorized fines that shall apply for violations that occur after January 1 of the year 
immediately following such publication. 
 
 


 
 
SECTION 9. Citizens Suits. –  
(A) In General. – Except as provided in paragraph (B), any person may commence a 
civil action against: 
(1) Any person who is alleged to be in violation, including the Government of the 
Philippines, to the extent allowable by law; or  
(2) The Secretary, to compel him to carry out ministerial duties assigned to the him 
under this Act. 
Any civil action under this subsection shall be brought in the Regional Trial court of 
the district in which the alleged violation occurred, or where the defendant resides or 
where the defendant’s principal place of business is located. The Regional Trial Court 
shall have jurisdiction over suits brought under this section, without regard to the 
amount in controversy or the citizenship of the parties. The Court shall have 
jurisdiction to order all necessary injunctive relief and to impose any civil penalty. 
 
(B) Limitations. – No civil action may be commenced to restrain any violation of 
Section 7 of this Act before the expiration of sixty (60) days after the plaintiff has given 
notice of such violation to the Secretary and the person who is alleged to have 
committed such violation if: 
(1) The Secretary has commenced a proceeding a proceeding for the issuance of an 
order to require compliance with the regulation or requirement and is diligently 
pursuing such proceeding or has issued an order to carry out the regulation or 
requirement described in Section 7 and is diligently pursuing the enforcement of 
such order; or  
(2) The Solicitor General has commenced a civil action in a court of the Republic of 
the Philippines to require compliance with the regulation requirement and is 
diligently prosecuting such civil action. 
No civil action may be recommended against the Secretary under paragraph (A) 
before the expiration of a 60-day period after the plaintiff has given notice to the 
secretary of the alleged failure of the Secretary to perform an act or duty which is the 
basis for such action. 
 
(C) Intervention. – If a proceeding or civil action is commenced by the Secretary or 
the Solicitor general after the giving of notice by a person other than the Secretary or 
Solicitor General, such person may intervene as a matter of right in such proceeding 
or action.  
 
In any action under this section, the Secretary or the Solicitor General, if not a party, 
may intervene as a matter of right. 
 
(D) Notice. – Notice under this section shall be given in such manner as the Secretary 
shall prescribe by regulation.  
 
(E) Attorney Fees and Court Costs. – The court, in issuing any final order in any 
action brought under this Act, may award costs of suit and reasonable fees for 


 
 
attorneys and expert witnesses, if the court determines that such award is 
appropriate.  
 
(F) Consolidation. – When two or more civil actions brought under involving the same 
defendant and the same issues or violations are pending in two or more judicial 
districts, such pending actions may be consolidated and tried as provided for in the 
Rules of Court. 
 
SECTION 10. Public Information Campaign. – The Secretary shall conduct a public 
information and education campaign, including public service advertising, in order to 
enable consumers to: 
(A) Recognize environmental marketing claims regulated under this /act and be able 
to distinguish them from other environmental marketing claims; 
 
(B) Have information about the criteria used by the Secretary in establishing 
standards and definitions for environmental marketing claims, and  
 
(C) Have a better understanding about the effects that products and packages can 
have on the environment. 
 
SECTION 11. Statutory Construction. –  
(A) Right to Seek Enforcement. – Nothing in Section 9 shall restrict any right which 
any person or class of persons may have under any other statute to seek 
enforcement of any regulation promulgated under Section 5 of this Act.  
 
(B) Actions against Advertisers. – Nothing in this Act shall be construed so as to alter 
the right under any other provision of law of a person or government to commence an 
action against an advertiser related to the use of false or misleading environmental 
marketing claims.  
 
(C) Standards. – Nothing in this Act shall be construed so as to prohibit the 
government form enacting and enforcing a standard or requirement with respect to 
the use of an environmental marketing claim that is more stringent than a standard or 
requirement relating to an environmental marketing claim established or promulgated 
under this Act. 
 
SECTION 12. Appropriations. – To carry out the provisions of this Act, such sum as 
may be necessary is hereby authorized to be appropriated from the National Treasury. 
Thereafter, the sum necessary for the continuous operation of the program shall be 
included in the annual appropriation of the Department of Trade and Industry. 
 
SECTION 13. Separability Clause. – If any provision, or part hereof, is held invalid 
or unconstitutional, the remainder of the law or the provision shall remain valid and 
subsisting. 


 
 
 
SECTION 14. Repealing Clause. – Any law, presidential decree, issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
 
SECTION 15. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
 
Approved,