THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
introduced by Senator Juan M. Flavier 
EXPLANATORY NOTE 
The 1987'Constitution 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, and shall protect and promote the right to health 
of the people, and instill health consciousness among the." Environmental 
awareness in the Philippines has increased in the past few years. However, 
awareness on the dangers posed by medical waste has not been given the 
attention it deserves. 
The facts on medical waste are chilling. About 40 tons of medical waste is 
generated per day in Metro Manila. 92% of the 64 government and private 
hospitals surveyed by the Presidential Task Force on Waste Management 
dispose of their general wastes trough the city or municipal refuse disposal 
system. Only 9.4% of the hospitals surveyed incinerate pathological wastes and 
only 7.8% incinerate infectious waste. Radioactive waste are stored and allowed 
to decay by most of the hospitals surveyed. Chemical watts are disposed of into 
sinks or water closets or through hospital septic tanks and sewer lines. 
The dangers posed to our people's health and environment by the 
unregulated management of medical waste is a real and ever present threat. 
Hospital incinerators can emit more dioxin and other hazardous pollutants than 
any other type of incinerator because of the type of waste they treat. Landfills, 
garbage dumps, and open pits attract scavengers, and medical wastes like 
syringes carelessly dumped therein can prick anyone of those scavengers. This 
could easily hasten the spread of the much dreaded AIDS disease, as well as 
other communicable diseases. 
This bill seeks to regulate medical wastes by empowering the Secretary of 
Health to establish acceptable standards for its management and disposal. It 
likewise strengthens the ability of the Department of Health in dealing with the 
issue of medical waste management, and imposes stiff penalties for the mindless 
disposal of dangerous medical waste. 
In view of the foregoing, urgent approval of this bill is earnestly requested 
I 
/ 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
r+# 
*p 
S. NO. 
L ~ C  
Introduced by Senator Juan M. Flavier 
AN ACT 
WASTES, 
DECLARING 
CERTAIN 
ACTS 
UNLAWFUL, 
PRESCRIBING 
PENALTIES THERETO, AND FOR OTHER PURPOSES 
PROVIDING FOR THE REGULATION AND DISPOSAL OF BIO-MEDICAL 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress Assembled: 
SECTION I. 
Short Title. - This Act shall be known and referred to as 
The "Bio-Medical Waste Control Act." 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the 
State, in accordance with the mandate of the Constitution, to protect and 
advance the right of the people to a balanced and healthful ecology in accord 
with the rhythm and harmony of nature, and to promote the right to health of the 
people To this end, the State shall provide for a comprehensive program for the 
management, collection, and disposal of bio-medical waste. 
SEC. 3. Definition of Terms. - For purposes of this Act: 
(a) 
"Medical waste" - shall refer to any solid waste which is generated 
in the diagnosis and treatment of human beings or animals, in research 
pertaining thereto, or in the production or testing of biologicals. The term shall 
include, but shall not be limited to, each of the following types of solid waste: 
i. 
Cultures and stocks of infectious agents and associated biologicals, 
including cultures from medical and pathological laboratories, 


ii. 
iii. 
iv. 
V. 
vi. 
vii. 
viii. 
ix. 
X. 
cultures and stocks of infectious agents from research and 
industrial laboratories, wastes from the production of biologicals, 
discarded live and attenuated vaccines, and culture dishes and 
devices used to transfer, inoculate, and mix cultures; 
Pathological wastes, including tissues, organs, and body parts chat 
are removed during surgery or autopsy; 
Waste human blood and products of blood, including, serum, 
plasma, and other blood components; 
Sharps that have been used in patient care or in medical, research, 
or industrial laboratories, including hypodermic needles, syringes, 
Pasteur pipettes, broken glass, and scalpel blades; 
Contaminated animal carcassw, body parts, and bedding of 
animals that were exposed to infectious agents, during research, 
production of biologicals, or testing of pharmaceuticals; 
Wastes from surgery or autopsy that were in contact with infectious 
agents, including soiled dressings, sponges, drapes, lavage tubes, 
drainage sets, enderpads, and surgical gloves; 
Dialysis wastes that were in contact with the blood of patients 
undergoing hemodialysis, including contaminated disposable 
equipment and supplies such at) tubing, filters, disposable sheets, 
towels, gloves, aprons and laboratory coats; 
Discarded medical equipment and parts that were in contact with 
infectious agents; 
Laboratory wastes form medical, pathological, pharmaceutical, or 
other research, commercial or industrial laboratories that were in 
contact with infectious agents, including slides and cover slips, 
disposable gloves, laboratory coats, and aprons; 
Biological waste and discarded materials contaminated with blood, 
excretion, exudates or secretion from human beings or animals 


xi. 
(b) 
0 
who 'are isolated to protect others from communicable diseases; 
and 
Such other waste materials that results from the administration of 
medical care to a patient by a health care provider and is found by 
the Department to pose a threat to human health or the 
environment. 
"Department" - shall refer tot he Department of Health; 
"Generator" - shall refer tot he hospital, clinic or other facility which 
produces medical waste; 
(d) 
"Secretary" - shall refer tot he Secretary of Health and/or his duly 
authorized representatives. 
SEC. 4. 
Lead Agency. - The Department shall b responsible for the 
implementation and enforcement of the provisions of this Act. To this end, the 
Department, through the Secretary, shall have the following powers and 
functions: 
(a) 
Formulate and develop a comprehensive program for the 
management, collection ad disposal of bio-medical waste which 
all local government units have to comply with. The program shall 
include the establishment of standards regulating the generation 
and disposal of bio-medical waste which, in the judgement of the 
Secretary, is necessary to protect public health and welfare. In 
formulating the program, the secretary shall give emphasis to 
environmentally-sound, 
ecologically-safe, 
and 
cost-efficient 
methods; 
(b) 
Establish regional bio-medic21 waste treatment and disposal 
facilities or if it is more practicable, to develop a network of shared 
bio-medical waste treatment facilities and gradually phase out 
unsafe on-site disposal facilities in hospital grounds; 


Conduct a comprehensive Bio-Medical Waste Management 
(BMWM) study of all hospitals nationwide to properly appraise 
actual needs and problems, and to determine specific areas for 
improvement or technical assistance; 
Develop a waste audit or assessment protocol for hospitals and 
other health facilities; 
Require the implementation of Bn approved BMWM program as a 
condition for licensing of hospitals and other health facilities. For 
this purpose, the Department's hospital performance evaluation 
system shall include an assessment of the BMWM program; 
Formulate, revise, and from time to time update, a Manual on bio- 
medical waste management and distribute copies to all 
government and private hospital's, clinics, laboratories, research 
offices, pharmacies, funeral parlors and other institutions; 
Monitor the disposal and transport of bio-medical wastes; 
Exercise visitorial and enforcement powers to ensure strict 
compliance with this Act; 
Issue rules and regulations to effectively implement the provisions 
of this Act; and 
Perform such other powers and functions necessary to achieve 
the objectives of this Act. 
SEC. 5. 
Role of Local Government Units. - 
All local government 
units shall, pursuant to national policies, the relevant provisions of the Local 
Government Code and subject to the review of the Department, enforce the 
provisions of this Act. 
The local government units shall design and submit tot he Department 
their own BMWM plans that impose limitations and/or criteria on existing or 
potential generators within their jurisdiction boundaries. 


If the Department finds the local government unit procedures adequate, it 
shall recommend implementation of the plan: Provided, That the Department 
shall maintain its authority to independently inspect the enforcement procedure 
adopted: Provided, further, That the Department shall have the power to take 
over all parts of a local government program, if the local government unit 
concerned lacks the capability to carry out their plans, or if it fails to meet or fairly 
enforce the standards set by the Department. 
SEC. 6. 
Visitorial powers of the Secretary or his Duly Authorized 
Representatives. - 
The Secretary or his duly authorized representative shall 
have access to, and the right to copy therefrom, the records required to be 
maintained pursuant tot he provisions of this Act. The Secretary or his duly 
authorized representative shall likewise have the right to enter the premises of 
any bio-medical waste generator, transporter, incinerator or such other disposal 
facility at any time of the day or night to question any employee or investigate 
any fact, condition or matter which may be necessary to determine any violation 
or which may aid in the effective enforcement of this Act and its implementing 
rules and regulations. 
SEC. 7. Enforcement Powers of the Secretary. - The Secretary or 
his duly authorized representative shall have the power to order and administer, 
after due notice and hearing, compliance with the provisions of this Act and the 
implementing rules and regulations issued pursuant thereto. The Secretary may 
likewise order the suspension of operations of any generator when non- 
compliance with this Act or its implementing rules and regulations poses grave 
and imminent danger to the health and safety of the public. Within twenty-four 
(24) hours from the order of suspension, a hearing shall be conducted to 
determine whether the order suspending the operations of the generator shall be 
lifted or made permanent. 
SEC. 8. 
Monitoring the transport of Bio-Medical Waste. - 
The 
comprehensive program of the Department shall provide for the close monitoring 


of the transport of bio-medical waste from the generator to the disposal facility, 
including a mechanism which will provide the generator with assurance that the 
waste is actually received by said disposal facility: Provided, That the bio-medical 
waste generated should be source-separated and contained in appropriately 
labeled containers to ensure protection from exposure to waste handlers and the 
public. 
SEC. 9. Relationship with other Government Agencies and NGOs. - 
in the implementation of this Act, the secretary may, as the need arises, call on 
any government agency for assistance in the form of personnel, facilities, and 
other resources. The Secretary may likewise deputize any law enforcement 
officer to render assistance in the enforcement of its directives or orders. 
The secretary may also enjoin non-governmental organizations (NGOs), 
academic institutions, aqd other private groups to actively participate in the 
implementation of this Act. 
SEC.10. Injunction Prohibited. - No inferior court or entity shall issue 
any temporary or permanent injunction or restraining order or otherwise assume 
jurisdiction over any case involving the enforcement orders issued by the 
Secretary in accordance with this Act. 
SEC. 11. Prohibited Acts. - The following Acts and omissions shall 
be considered unlawful: 
(a> 
Any person who knowingly violates the requirements of or 
regulations issued pursuant to this Act; 
Any person who knowingly omits material information or makes 
any false material statement or representation in any record, 
report, or other document filed, maintained, or used for purposes 
of compliance with this Act or the implementing rules and 
regulates issued pursuant thereto; 
(b) 
(c) 
Any person who knowingly generates, stores, transports, 
disposes of, or otherwise handles any biological waste in 


violation of the provisions of this Act and its implementing rules 
and regulations; 
(d) 
Any person who knowingly destroys, alters, conceals, or fails to 
file any record, report, or other document required to be 
maintained or filed for purposes of compliance with this Act or 
the rules and regulations issued pursuant thereto; 
(e) 
Any person who obstructs, impedes, delays or otherwise 
renders ineffective the orders of the Secretary or his duly 
authorized representatives issued pursuant tot he authority 
granted under this Act. 
SEC. 12. Penalty. - Any person who violates the provisions of this Act 
or its implementing rules and regulations shall, upon conviction, be punished with 
a fine of not less than Two hundred thousand pesos (P200,OOO.OO) but not more 
than Five hundred thousand pesos (P500,OOO.OO) or imprisonment of qot less 
than six (6) years but not more than ten (IO) years, or both, at the discretion of 
the Court. 
If the offense is committed by a corporation, partnership, or other judicial 
entity duly organized in accordance with law, the chief executive officer, 
president, general manager, managing partner or such other officer-in-charge of 
the business operations 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. 
SEC. 13. 
Damages. - Any persor. violates any of this provisions, or 
fails to comply with the provisions of this law or its implementing rules and 
regulations, or any order or decision of the Secretary or his duly authorized 
represehtative promulgated pursuant to this Act, thereby causing any harm, 
injury, illness or death to any person, and/or damage to property shall, in addition 


tot he penalties herein provided, be liable to pay the Government and/or the 
person adversely affected actual or compensatory damages. 
SEC. 14. Appropriation. - Such amount as may be necessary for the 
effective implementation of this Act is hereby appropriated from the funds of the 
National Treasury not otherwise appropriated. Thereafter, such amount as may 
be necessary for its continued operation shall be included in the annual General 
Appropriation Act. 
SEC. 15. Separability Clause. - If for any reason any provision of this 
Act is declared unconstitutional or invalid, such parts or portions not affected 
thereby shall remain in full force and effect. 
SEC. 16. Repealing Clause. - All laws, executive orders, presidential 
decrees, and rules and regulations or parts thereof inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,