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Eighteenth C
First Regular Session

HOUSE BILL NO. 635.

introduced by
REPRESENTATIVE LOREN B. LEGARDA

REGULATING THE MANUFACTURING. IMPORTATION AND USE OF SINGLE-
USE PLASTIC PROUCTS, AND PROVIDING PENALTIES, LEVIES AND
INCENTIVES SYSTEM FOR INDUSTRIES, BUSINESS ENTERPRISES AND
CONSUMERS THEREOF

EXPLANATORY NOTE

Plastic bags are ubiquitous components of the world’s consumer culture.
Single-use plastics symbolize the throwaway culture which the Philippines, along with
many other countries, have developed. According to the Journal Science of the
American Association for the Advancement of Science, the Philippines ranked third
among the countries with the highest source of plastic ocean pollution, generating 1.88
million metric tons of mismanaged plastic garbage per year, with the threats of
microplastic pollution also compounding the negative impacts to humans and marine
environment.

Plastic ocean pollution primarily composes of single-use plastics, which
according to reports include cigarette butts, plastic drinking plastic bottles, bottle caps,
food wrappers, plastic grocery bags, plastic lids, straws and stirrers, other types of
plastic bags, and foam take-away containers. As they are oftentimes immediately

discarded, single-use plastic bags are commonly found in landfills and have become


a significant cause of water pollution. In the cities, plastics commonly cause blockages
in the sewerage and drainage systems, leading to flooding and aggravating the
impacts of severe rainfall and typhoons. It is also well-recognized that the burning of
plastic bags has adverse impacts to the environment and to human health, given the
level of toxic chemical content in emissions.

‘The magnitude of the effects in the Philippines are likewise increased, as there
remains gaps in the implementation of Republic Act No. 9003 or the Ecological Solid
Waste Management Act, which include among others, the establishment of Local Solid
Waste Management (SWM) Boards, submission of SWM plans, establishment of
Materials Recovery Facilities (MRFs) at the barangay level, and closure of all open
and controlled dumpsites

Plastic ocean pollution likewise threatens food security of the country, given the
dependence of the farming and fishing communities on the oceans. Plastic ocean
pollution will also adversely affect the health of communities, with the microplastics
getting in our food chains.

Countries like Rwanda, Kenya, Ireland, and Austria, and cities such as New
York in the United States, have already implemented laws banning the use of certain
single-use plastics and adopted regulatory mechanisms such as levies, penalties and
fees on both the retailer and consumer side. In the Asian region, China and Thailand
have initiated their own policy initiatives at the national level.

The bill being proposed provides for an ambitious yet comprehensive approach
to solving the single-use plastics problem, which involves actions from national and
local governments, industries, business enterprises and consumers for the
manufacturing, selling, use, recycling and disposal of all single-use plastics in the
Philippines. The bill includes provisions for research and technology development for
the emergence of new industries and business enterprises for alternatives to single-

use plastics, strengthening of recycling and disposal centers to support the


implementation of the Republic Act No. 9003, collection of fees and creation of
incentives mechanisms, and establishment of a Fund. The bill outlines provisions that
have strong considerations for relevant sectors transitioning towards a “minimal-to-no
single-use plastics”, or a circular economy.

The Bill will be strongly consistent with the priorities of the Philippines to achieve
the Sustainable Development Goals (SDGs), the commitments under the Paris
Agreement for climate change adaptation and mitigation and with the 1989 Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal, 2001 Stockholm Convention on Persistent Organic Pollutants and 2013
Ninamata Convention on Mercury. The Bill ikewise supports the implementation of the
G20 Action Plan on Marine Litter, as well as the commitments in the Association of
Southeast Asian Nations (ASEAN) Conference on Reducing Marine Debris in the
ASEAN Region.

For these compelling reasons, the immediate approval of this bill is urgently

sought.

_———_=tOREN LEGARDA


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Eighteenth Congress
First Regular Session

HOUSE BILL NO. oH

introducea ©
REPRESENTATIVE LOREN B. LEGARDA

AN ACT
REGULATING THE MANUFACTURING, IMPORTATION AND USE OF SINGLE-
USE PLASTIC PRODUCTS, AND PROVIDING PENALTIES, LEVIES AND.
INCENTIVES SYSTEM FOR INDUSTRIES, BUSINESS ENTERPRISES AND
CONSUMERS THEREOF
Be it enacted by the Senate end the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Title. - This Act shall be known as the "Single-Use Plastics Regulation
and Management Act of 2019."

SEC. 2. Declaration of Policy. - It is the policy of the State to protect and
advance the right of the people to a balanced healthful ecology in accord with the
rhythm and harmony of nature.

In this light, the State recognizes the importance of achieving the United
Nations (UN) Sustainable Development Goal (SDG) number 3 to ensure healthy lives
and promote well-being for all at ages, SDG 9 to build resilient infrastructure, promote
inclusive and sustainable industrialization and foster innovation, SDG 11 to build
sustainable cities and communities, SDG 12 to promote responsible consumption and

production, and SDG 14 to reduce marine pollution of all kinds. The State, being a


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party to the Paris Agreement which was adopted in 2015, recognizes the importance
of adopting sustainable lifestyles and patterns of consumption and production in
addressing climate change.

The Philippine Development Plan 2017-2022 further outlines policies and
programs to achieve the SDGs, which is embodied under Chapter 20 ~ Ensuring
Ecological Integrity, Clean and Healthy Environment,that aims to _ promote
sustainable consumption and production (SCP) through the development and
implementation of appropriate policies such as the formulation of a polluter pays
policy, establishment of an accessible market for recyclables and recycled products,
strengthening of the certification and establishment of information systems for green
Products and services, and strengthening promotion, development, transfer, and
adoption of eco-friendly technologies, systems, and practices in the public and private
sectors bv increasing access to incentives and facilitating ease of doing business and
other related transactions.

The State, in the enforcement of Republic Act (RA) No. 9003 or the Ecological
Solid Waste Management Act, further acknowledges the need to advance policies that
will not only address waste treatment and disposal, but also source reduction.

The State likewise recognizes the indispensable role of the private sector,
encourages private enterprise and provides incentives to needed investments, while
at the same time, acknowledging the need to develop a self-reliant and independent
national economy effectively controlled by Filipinos.

‘SEC. 3. Definition of Terms. - As used in this Act:

a. Business enterprises refers to establishments engaged in the production,
manufacturing, processing, repacking, assembly, or sale of goods and/or
services, including service-oriented enterprises. It shall include retailers, self-
employed or own-account workers, micro, small, and medium enterprises

(MSMEs) and community-based business enterprises;


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b. Climate change refers to a change in climate that can be identified by
changes in the mean or variability of its properties and that persists for an
extended period typically decades or longer, whether due to natural
variability or as a result of human activity;

c. Consumer refers to a person who is a purchaser, lessee, recipient or
prospective purchaser, lessor or recipient of consumer products, services or
credit;

4. Disposal refers to the discharge, deposit, dumping, spilling, leaking or placing
of any waste into or on land;

e. Incentives refers to incentives provided for under RA No. 9520 otherwise
known as the Philippine Cooperative Code of 2008, RA No. 9178 otherwise
known as the Barangay Micro-Business Enterprise Act of 2002, RA No. 9501
otherwise known as the Magna Carta for Micro, Small, and Medium
Enterprises, Executive Order no, 226 otherwise known as the Omnibus
Investment Code of 1987, RA No. 10771 otherwise known as the Green Jobs
Act of 2016 or incentives as defined by the local government unit through an
ordinance specifically for this purpose, where applicable;

f. Life Cycle Assessment refers to the process of evaluating the effects that a
product has on the environment over the entire period of its life cycle, which
covers all the processes required: extraction and processing; manufacture,
transport and distribution; use, reuse and maintenance; recycling; and final
disposal

9. Microplastics refer to small pieces of plastic found in the ocean, commonly
defined as < 5mm in diameter, including particles as small as 10 nanometers;

h. Plastic refers to a lightweight, hygienic and resistant material which can be

molded in a variety of ways and utilized in a wide range of applications;


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i. Recvclable material refers to any waste material retrieved from the waste
‘stream and free from contamination that can still be converted into suitable
beneficial use or for other purposes, including, but not limited to, newspaper,
ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard,
aluminum, glass, office paper, tin cans and other materials as may be
determined by the National Solid Waste Management Commission
(NSWMC);

j. Recycled material refers to post-consumer material that has been recycled
and returned to the economy;

k. Recycling shall refer to the treating of used or waste materials through a
process of making them suitable for beneficial use and for other purposes,
and includes any process by which solid waste materials are transformed
into new products in such a manner that the original product may lose their
identity, and which may be used as raw materials for the production of other
goods or services;

|. Retailer refers to a person engaged in the business of selling consumer
products directly to consumers;

m. Re-use refers to the process of recovering materials intended for the same
or different purpose without the alteration of physical and chemical
characteristics;

n. Reusable material/plastics/packaging shall refer to any material specifically
designed and manufactured for multiple re-use and extended life. These
shall meet the following requirements/considerations:

i, May be capable of composting and is biodegradable;
li, Is accepted for recycling;
iii. Does not contain any toxic or harmful substance or chemical such as

but not limited to lead, cadmium, or any other heavy metal as provided


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for by existing rules and regulations of the Department of Environment
and Natural Resources (DENR).

©. Single-use plastics, for the purpose of this Act, refers to disposable plastics
which are commonly used for plastic packaging and include items intended
to be used only once before they are thrown away or recycled. These include,
but are not limited to, items such as grocery bags, food packaging films and
bags, manufacturing water bottles, straws, stirrers, containers,
styrofoam/styros, cups, sachets and plastic cutlery;

p. Source reduction refers to the reduction of solid waste before it enters the
solid waste stream by methods such as product design, materials
‘substitution, materials re-use and packaging restrictions.

SEC. 4. Scope. - This Act shall apply to the manufacture, importation, use,
recycling and disposal of all single-use plastics used in trade or commerce in business
enterprises, as well as by retailers and consumers, wherever located in the
Philippines, as defined under Section 3 of this Act.

SEC. 5. Prohibition and phase-out of single-use plastics; Levy for the use in the
interim period and discounts for consumers. - The phase-out of single-use plastics by
all business enterprises to consumers shall be in full force and effect one (1) year from
the effectivity of the Act.

In the interim period (within 1 year), the following shall be enforced:

a. The provision of single-use plastics by food establishments, markets and

retailers shall be strictly prohibited;

b. Consumers shall be encouraged/diverted to use re-usable materials in

substitution for single-use plastics;

. Single-use plastics already manufactured and in circulation in the general

market shall be collected, recycled, and properly disposed of by the
manufacturers pursuant to the provisions of this Act;


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d. For single-use plastic materials which cannot be avoided, business
enterprises must ensure that these are recycled in accordance with Section
7 of this Act;

e. For each piece of single-use plastics already manufactured and in circulation
at the time. the retailers shall charge the consumer a minimum levy of five
pesos (Php 5.00);

£. The amount collected in subparagraph (e) of this Section by the retailers shall
be reflected in the official receipt. Twenty (20%) of the said amount shall be
kept by the business enterprise to cover the cost of the said bags, while
eighty (80%) shall be remitted monthly, quarterly, or semi-annually to the
‘Special Plastic Fund created under this Act.

At the end of one (1) period, and upon full effectivity of this Act, the further and
continued provision by all business enterprises and use by consumers of single use
plastics shall be strictly prohibited.

For take-outs and selling of food and beverages, a discount of five pesos
(Php5.00) shall be given to the consumer for bringing their own re-usable/recyclable
containers.

SEC 6. Prohibition on the importation of single-use plastics. - One (1) year from
the effectivity of this Act, the Department of Finance (DOF), through the Bureau of
Customs (BOC), in coordination with relevant agencies such as DENR, Department
of Trade and Industry (DTI), Department of Health (DOH) and the Climate Change
Commission (CCC), shall ensure that no single-use plastics, including waste products
from the same, will be imported to the country. Tariffs shall be correspondingly
imposed by the Tariff Commission and collected by the BOC, which shall be further
specified in the Implementing Rules and Regulations of this Act.

SEC 7. Recycling of used single-use plastics. - Used single-use plastics, when

allowed by this Act or those manufactured or used before this Act's effectivity, shall be


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recycled. It shall be the duty of the plastic manufacturers to recycle the said single-use
plastics in a manner consistent with existing laws, rules, and regulations, and ensuring
that no harmful chemicals or substances are released to the environment.

The establishment of Materials Recovery Facility (MRFs), which shall be
obligatory upon the business enterprises, shall serve as the collection points for used
single-use plastics. LGUs, plastic manufacturers and business enterprises shall put
systems and procedures in place for the proper collection of the used single-use
plastics and its delivery to the recycling centers.

It shall be the responsibility of the manufacturers that these plastics are properly
collected, recycled, and disposed of, in accordance with this Act.

Manufacturers shall also maintain records describing the recovery, collection,
transport, recycling of plastic bags collected annually and shall make the records
available to the National Solid Waste Management Commission (NSWNC) and/or the
local government unit concerned, upon request, to demonstrate compliance with this
Act.

SEC. 8. Proper disposal and management of plastic wastes. - The disposal
and management of plastic waste shall be done in accordance with the provisions of
Republic Act No. 9003.

The DENR, in coordination with the DOST, shall develop the appropriate
standards for the disposal of plastic wastes, ensuring that zero emissions are achieved
and no harmful chemicals are released to the environment in the process.

SEC. 9. Research and Development (R&D) for Single-use Plastic Packaging
Altematives. — The Department of Science and Technologyand +NSWMC shall
include in their respective programs and R&D Agenda, and consequently, fund
research on single-use plastic packaging. Alternatives may include, but shall not be
limited to, the following:

1. Natural Polymers


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2. Biomass-based compostable bio-polymers (i.e. starch, non-starch

thermoplastic bio-composite, synthetic biomass-based polymers)

3. Upcyeling

4. Fiber production

5. Life Cycle Assessments

6. Feasibility studies (ie. willingness to pay, levies, tax, discount,

dis/incentives, recommended rates)

The NSWMC and DOST and shall also provide assistance to DENR and the
manufacturers for the implementation of this Act, particularly as regards the proper
recycling and disposal of used single-use plastics, and developing more
environmentally-friendly types of plastics used as primary packaging materials. among
others.

The DTI, Technical Education and Skills Development Authority (TESDA),
Department of Labor and Employment (DOLE) and the Presidential Communications
Operations Office (PCOO), in coordination with plastic manufacturers/industries, non-
government and civil society organizations, and other concerned stakeholders, shall
‘studies within six (6) months upon the effectivity of this Act to determine the impact of
this Act on affected plastic industry employees and workers. They shall likewise,
together with DOST and the National Ecology Center (NEC), develop a capacity-
building program for alternative livelihood opportunities for the affected employees and
workers in areas such as recycling of used plastic products and cottage industries,
among others.

SEC. 10. Program for affected employees and workers of the plastic industry. -
Within six (6) months from the effectivity of this Act, massive research and technology
development initiatives, pilot-testing of innovations and technologies resulting from
these studies, and capacity-building activities shall be undertaken with plastic-


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manufacturing industries and business enterprises for them to adopt these
technologies.

DOST, NEC, DTI, DOLE and TESDA shall implement the capacity-building
program to relevant stakeholders. DOST, in coordination with the NEC, shall provide
the LGUs with technical assistance, trainings, and continuing capability-building
programs to attain the objectives of this Act.

SEC. 11. Inclusion in the Philippine National Standards (PNS). - The NSWMC,
DOST, and DTI, through the Bureau of Product Standards (BPS), shall develop the
standards and include in the Philippine National Standards (PNS) the products, items
or technologies from studies which were pilot-tested. It shall include the specifications
of the said products, taking into consideration existing and available best technologies
and internationally mandated and accepted standards, and in accordance with the
Provisions, mandates and standards of this Act.

SEC. 12. Incentives for the plastic industries shifting to alternatives. — The
manufacture of alternatives to single-use plastics under Section 9 of this Act shall be
supported and encouraged.

Business enterprises, individuals, cooperatives, partnerships, and corporations:
which engage in the manufacture of identified alternatives to single-use plastics shall
be given incentives provided for under the Philippine Cooperative Code of 2008, the
Barangay Micro-Business Enterprise Act of 2002, the Magna Carta for Micro, Small,
and Medium Enterprises, the Omnibus Investment Code of 1987 or the Green Jobs
Act of 2016, where applicable. The DENR and DTI, in coordination with the
Department of Finance (DOF), shall provide technical and financial assistance to these
manufacturers.

LGUs are encouraged and shall be allowed to provide additional benefits and

incentives to these manufacturers within their jurisdiction, consistent with existing


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laws, rules and regulations, which shall be in addition to the benefits and incentives
provided for in the previous paragraph

Nothing in this Act shall prohibit or limit the right of the said manufacturers to
be entitled to additional benefits and incentives which may be given by new laws, rules,
and regulations in the future.

SEC. 13. Monitoring and market inspection. - The NSWMC and DTI, in
coordination with the LGUs, and local law enforcement agencies, shall conduct regular
inspection and monitoring of business enterprises and facilities of manufacturers to
determine compliance with this Act. Inspection and monitoring shall include the
following:

a. Enter of access to the premises of operation and business, including storage

rooms and stockrooms; and,

b.Inspect off-site storage — facilities, distribution centers

and

transshipment points.

SEC. 14. Certification. - The LGUs concemed, after the conduct of a thorough
examination and inspection, shall issue the necessary certificate to show whether or
not business enterprises or manufacturers in their jurisdiction are compliant with the
mandates and directives of this Act.

The LGU certification shall be a requirement for the renewal of any local
permits, in addition to the DILG-DTI-DICT Joint Memorandum Circular No. 1, s. 2016,
after the effectivity of this Act.

SEC. 15. NSWNC as the lead implementing agency and other functions. - The
NSWMC pursuant to Section 4 of RA 9003 shalll be the lead implementing agency for
this Act. It shall aid and assist other agencies involved in the implementation and
enforcement of this Act. It shall perform the following functions:

1. Prepare the national strategic single-use plastic roadmap;


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Lead the R&D agenda preparation, conduct of researches and pilot-testing

of identified alternatives, with DOST;

3. Lead in the development of standards for inclusion in the Philippine National
Standards (PNS) of the products, items or technologies resulting from
studies which were pilot-tested, in coordination with DTI and DOST;

4. Review and monitor the implementation of the Act; which includes:

a. Monitoring local-level enforcement through the compilation of local-level
ordinances on single-use plastics;

b. Conducting regular and routine inspections and monitoring of business
enterprises and facilities of manufacturers as prescribed under Section
12 of this Act;

5. Adopt a program to provide technical and other capability building assistance
and support to local government units, business enterprises, concerned
citizen groups and other relevant stakeholders in the implementation and
enforcement of this Act;

6. Manage the Special Plastics Fund established under Section 21 of this Act:

and,

Ea!

Develop safety nets and alternative livelihood programs for business
enterprises, plastic manufacturers, small recyclers and other sectors that
will be affected as a result of the single-use phase out.

SEC. 16. Role of Local Government Units, and other stakeholders. — LGUs
shall have the primary responsibility in the effort to decrease the percentage of plastic
bag waste produced within their respective jurisdictions. They shall also be primarily
responsible for the enforcement of the prohibitions of this Act and the monitoring of
the collection of recyclable used plastic bags by manufacturers

Other stakeholders such as business groups, consumer groups and civil society

organizations are encouraged to support the implementation of this Act.


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SEC. 17. Effect on LGU ordinances effective before or after effectivity of this
Act. - LGU ordinances imposing bans and prohibitions on the use of plastic bags,
promulgated and enforced prior to the effectivity of this Act, shall be considered as
automatically amended to be consistent with the provisions and mandates of this Act.

LGUs that do not have ordinances enacted upon the effectivity of this Act are
also encouraged to enact their respective ordinances in line with the provisions and
mandates of this Act.

The provisions, mandates, and directives of this Act shall serve as minimum
standards and stipulations for LGU ordinances. Nothing in this Act shall be construed
as limiting the authority of LGUs to enact ordinances which provide for stricter
measures and standards than those provided for in this Act.

SEC. 18. Public information and education campaign. - The DENR, in
coordination with the LGUs, DILG, DepEd, Commission on Higher Education (CHED),
Presidential Communications Operations Office (PCOO), and Philippine Information
Agency (PIA), shall conduct a continuing information and campaign on the proper
regulation of single-use plastics in the country.

‘Such campaign shall be incorporated in and shall be in addition to the public
information and education campaign under Section 55 of RA No. 9003.

SEC. 19. Penalties and sanctions. - Violations of this Act, starting the first from
the effectivity and as fully provided for under Section 3 of this Act, shall be imposed
the following penalties:

a. For Business Enterprises, Micro, Small and Medium Enterprises as defined

in RA 6977, as amended, Barangay Micro Business Enterprises under RA
9178, and all other enterprises and establishments not otherwise value-
added tax (VAT) registered, the following penalties shall be imposed:

i. First offense - A fine of five thousand pesos (Php 5,000.00);


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ji. Second offense - A fine of fifty thousand pesos (Php 25,000.00) and
suspension of its business permit for three (3) months;

iii, Third offense — A fine of fifty thousand pesos (Php 50,000.00) and
‘suspension of its business permit for one (1) year; and,

iv. Fourth offense - A fine of one hundred thousand pesos (Php 100,000.00)
and permanent suspension of its business permit. The said business
permit shall not be eligible for renewed application for a period of 5 years.
Thereafter, the LGU concerned may grant the said store with a business
permit, provided its operator can show steps and measures will be put
in place to comply with this Act. A further violation after the issuance of
a new business permit shall perpetually bar the said from conducting its

business in the LGU concerned.

b. For VAT registered stores, establishments, and enterprises, and for all plastic

manufacturers found violating this Act the following penalties shaft be

imposed:

i, First offense — A fine of fifty thousand pesos (Php 50,000.00);

li, Second offense - A fine of one hundred thousand pesos (Php 100,000.00)
and suspension of its business permit for three (3) months:

ili, Third offense - A fine of two hundred fifty thousand pesos (Php
250,000.00) and suspension of its business permit for one (1) year; and,

iv. Fourth offense - A fine of five hundred thousand pesos (Php 500,000.00)
and permanent suspension for its business permit. The said business
permit shaft not be eligible for renewed application for a period of 5
years. Thereafter, the LGU concemed may grant the said store with a
business permit, provided its operator can show steps and measures will

be put in place to comply with this Act. A further violation after the


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issuance of a new business permit shall perpetually bar the said operator
from conducting its business in the LGU concerned.

If the offender in (a) or (b) above is a corporation, trust or firm, partnership,
association or any other entity, the penalty shaft be imposed on the entity's
responsible officers including, but not limited to, the president, chief executive
officer, general manager, managing director or partner directly responsible
thereof.

SEC. 20. Administrative sanctions. - Local government officials and officials of
government agencies who fail to comply with and enforce this Act shall be
administratively charged in accordance with RA 7160 and other existing laws, rules
and regulations.

‘SEC. 21. Special Fund for Single-use Plastics Regulation. - A Special Fund for
Single-Use Plastics Regulation (hereinafter referred to as the Fund), to be
administered by the NSWMC, is hereby created, to be composed of tariffs, levies, fees,
and collected pursuant to the implementation and enforcement of this Act.

The Fund shall be used to support the strict implementation and enforcement
of this Act such as, but not limited to, the following:

a. Strengthen the operations of the NSWMC relative to the implementation and

enforcement of this Act;

b. Improve the capacity of LGUs, and local law enforcement agencies for the

implementation of this Act;

c. Establish recycling centers or re-modelled business enterprise that exhibit

best practices (as no single-use zones) in each region or province;

d. Conduct of impact evaluation studies relevant to the implementation of the

Act, especially on areas of economic contributions, environmental and

public health (through the Department of Health);


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e. Conduct of information and education campaigns on single-use plastics
regulation and related environmental awareness measures;

f. Assistance and provision of incentives for manufacturers and community-
based incentives for the production of single-use plastics, as well as for non-
government and civil society organizations promoting proper solid waste
management; and,

g. Additional provisions for the Solid Waste Management Fund under RA 9003.

The Fund may be augmented by donations, endowments, grants and
contributions, which shall be exempt from donor's tax and be considered as allowable
deductions from the gross income of the donor, in accordance with the provisions of
the National Internal Revenue Code of 1997, as amended.

SEC. 22. Access to information/public disclosure requirements, public access
to records, reports or notification. - The public shall have access to records, reports,
or information concerning the implementation and mandates of this Act.

Such documents shall be available for inspection or reproduction during regular
business hours; provided that the DENR or concerned LGU may consider a record,
report or information or particular portions thereof confidential and not for public
release when such would divulge trade secrets, production or sales figures or
methods, production or processes unique to such manufacturer, seller, or distributor,
or would otherwise tend to affect adversely the competitive position of such
manufacturer, seller, or distributor.

SEC. 23. Citizens suit. - For the purposes of enforcing the provisions of this Act
or its implementing rules and regulations, any citizen may file an appropriate civil,
criminal, or administrative action in the proper courts/bodies against:

a. Any person who violates or fails to comply with the provisions of this Act and

its implementing rules and regulations; or,


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b. The department or other implementing agencies with respect to orders, and
regulations issued inconsistent with this Act; and/or,

c. Any public officer who wilifully or grossly neglects the performance of an act
specifically enjoined as a duty by this act or its implementing rules and
regulations; or abuses his authority in the performance of his duty; or, in any
manner improperly performs his duties under this act or its implementing
tules and regulations; Provided, however, that no suit can be filed until after
a thirty (30) day notice has been given to the public officer and the alleged
violator concerned and no appropriate action has been taken thereon.

The court shall exempt such action from the payment of filing fees and
statements likewise, upon prima facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an injunction bond for the issuance
of preliminary injunction.

In the event that the citizen should prevail, the court shall award reasonable
attorney's fees, moral damages and litigation costs as appropriate.

SEC. 24. Suite and strategic legal action against public participation (SLAPP).
- Where a suit is brought against a person who filed an action as provided in Section
22 of this Act, or against any person, institution or government agency that implements
this Act or any other consumer-related laws, rules, and regulations, it shall be the duty
of the investigating prosecutor or the court, as the case may be, to immediately make
a determination within not exceeding thirty (30) days whether said legal action has
been filed to harass, vex, exert undue pressure or stifle such legal recourses of the
person complaining or enforce the provisions of this Act. Upon determination thereof,
evidence warranting the same, the court shall dismiss the case and award the

attorney's fees and double damages.


10

soy

12

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2

22

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24

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27

This provision shall also apply and benefit public officers who are sued for acts
‘committed in their official capacity, there being no grave abuse of authority, and done
in the course of enforcing this Act, its rules, regulations and guidelines,

‘SEC. 25. Appropriations. - Such amount as may be necessary to implement the
provisions of this Act is hereby included in the annual appropriations of the DENR and
other implementing agencies under the General Appropriations Act (GAA).

SEC. 26. Congressional Oversight Committee. — The Joint Congressional
Oversight Committee created under Section 60 of RA No. 9003 shall also have the
authority to monitor and evaluate the implementation of this Act.

SEC. 27. Implementing Rules and Regulations. - The NSWMC, DENR, in
coordination with the DTI, DILG, CCC and the concerned government agencies and
representatives of LGU organizations, shall issue the Implementing Rules and
Regulations within one hundred (100) days after the effectivity of this Act. The said
IRR shall specify and provide detailed provisions of this Act that needs further clarity
in terms of scope, coverage, definitions, functions and prohibitions.

SEC. 28. Construction. - The best interests of the consumer and the right to a
healthful and balanced ecology shall be considered in the construction and
interpretation of this Act and its IRR.

SEC. 29. Separability Clause. - If any part or provision of this Act is held invalid
or unconstitutional, other provisions not affected thereby shall remain in force and
effect.

SEC. 30. Repealing Clause. - The provisions of any law, whether general or
special, rules and regulations and other issuances or parts thereof which are
inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 32. Effectivity. - This Act shall take effect within fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.


Approved.