r<
TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
2b JiJL -9 P2 52
SENATE 
S. No. 289
Introduced by Senator FRANCIS N. PANGILINAN
AN AO-
REGULATING THE MANUFAOURING, IMPORTATION AND USE OF SINGLE­
USE PLASTIC PRODUOS, AND PROVIDING PENALTIES, LEVIES AND AN 
INCENTIVES SYSTEM FOR INDUSTRIES, BUSINESS ENTERPRISES AND 
CONSUMERS THEREOF
EXPUNATORY NOTE
Plastic pollution remains a major challenge in the Philippines. Despite the 
Ecological Solid Waste Management Act of 2000 (RA 9003), which aims for a 
comprehensive and ecological waste management program, the Philippines remains a 
major contributor to global plastic pollution. The United Nations Environment 
Programme (UNEP) consistently identifies the Philippines as one of the top five 
countries responsible for ocean plastic waste.1
A 2015 UNEP study, "Plastic Waste Inputs From Land Into the Ocean," revealed 
that 81% of the 6,237,653 kg (6,875.84 tons) of plastic waste generated daily in the 
Philippines is mismanaged, starkly contrasting with countries like Japan and the United 
States, which have 0% mismanagement rating.2
1 GMA News Online, "PHL 1 of 5 countries that produce half of world's plastic waste — UN report" Published on June 5, 2018. 
Available at https://www.qmanetwork.com/news/lifestvle/healthandwellness/655744/Dhl-l-of-5-countries-that-Droduce-half-of- 
world-s-olastic-waste-un-
reDort/storv/#:~:text=Data%20from%20the%202015%20studv0/o20%22Plastic%20waste.Der%20dav%2C%20of%20which%
2081%25%20is%20mismanaaed.&text=Althouah%20repurposina%20these%20materials%20have%20continuouslv%20been.
plastic%20waste%20ever%20produced%20has%20been%20recvded. Accessed on July 6, 2025.
2 Ibid.
1


This severe mismanagement stems primarily from two interrelated issues: (1) 
The sachet economy: Driven by affordable, widespread use of single-use sachets for 
everyday products leads to an immense volume of non-recyclable plastic waste. 
Coastal clean-ups of WWF-PH, consistently find these sachets as dominant debris. A 
2019 report by GIAA (Global Alliance for Incinerator Alternatives) further highlighted 
the Philippines' reliance on sachet packaging, estimating 163 million sachets are used 
daily;3 (2) Problematic waste disposal: Even collected plastic waste frequently leaks 
into the environment. Studies by the WWF-PH, the National Solid Waste Management 
Commission, and the World Bank indicate that 74% of plastic leakage originates from 
waste that has been collected. This is often due to haulers illegally dumping waste 
into waterways to cut costs, and poorly located dumpsites near water bodies. 
Uncollected waste in informal settlements and communities along rivers is also often 
directly discarded into waterways. More recent data from the World Bank (2021) 
suggests that plastic leakage remains high, estimating 0.75 million tons of plastic 
waste generated annually, with a significant portion entering marine environments 
due to inefficient collection and disposal systems.4
Given this alarming environmental crisis and the nation's struggle to efficiently 
manage plastic waste, this proposed legislation seeks to implement measures that 
regulate the manufacturing, importation, and use of single-use plastics, while 
promoting sustainable consumption and production.
The urgent approval of this bill is earnestly sought to mitigate environmental 
damage and foster a more sustainable future.
FRANCIS NTP^GILINAN
Senat^
3 Worid Bank Group. "Market Study for Philippines: Plastics Circularity Opportunities and Barriers." Published on March 21, 
2021. Available at httDs://www.worldbank.ora/en/countrv/DhiliDPines/Dublication/market-studv-for-DhiliDDines-plastics- 
circularitv-opportunIties-and-barrIers-report-landinQ-paQe. Accessed on July 6, 2025.
4 Ibid.


TWENTIENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
JUL -9 P2 52
SENATE 
S. No. 289
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
REGULATING THE MANUFACTURING, IMPORTATION AND USE OF SINGLE­
USE PLASTIC PRODUCTS, AND PROVIDING PENALTIES, LEVIES AND AN 
INCENTIVES SYSTEM FOR INDUSTRIES, BUSINESS ENTERPRISES AND 
CONSUMERS THEREOF
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Title. - This Act shall be known as the "Singie-Use Plastics Regulation
2 
and Management Act of 2019."
3 
Sec. 2. Declaration of Policy. - It is the policy of the State to protect and advance
4 
the right of the peopie to a balanced and healthful ecology in accord with the rhythm
5 
and harmony of nature.
6 
In this light, the State recognizes the importance of achieving the United Nations
7 
(UN) Sustainable Development Goal (SDG) 3 to ensure healthy lives and promote well-
8 
being for all at all ages, SDG 9 to build resilient infrastructure, promote inclusive and
9 
sustainable industrialization and foster innovation, SDG 11 to build sustainable cities
10 
and communities, SDG 12 to promote responsible consumption and production, and
11 
SDG 14 to reduce marine pollution of all kinds. The State, being a party to the Paris
12 
Agreement which was adopted in 2015, recognizes the importance of adopting
13 
sustainable lifestyles and patterns of consumption and production in addressing
14 
climate change.
15 
The Philippine Development Plan 2017-2022 further outlines policies and
16 
programs to achieve the SDGs, which is embodied under Chapter 20 - Ensuring
17 
Ecoiogical Integrity Clean and Healthy Environment, that aims to promote sustainable


1 
consumption and production (SCP) through the development and implementation of
2 
appropriate policies such as the formulation of a polluter pays policy, establishment of
3 
an accessible market for recyclable and recycled products, strengthening of the
4 
certification and establishment of information systems for green products and
5 
services, and strengthening promotion, development, transfer, and adoption of eco-
6 
friendly technologies, systems, and practices in the public and private sectors by
7 
increasing access to incentives and facilitating ease of doing business and other
8 
related transactions.
9 
The State, in the enforcement of Republic Act No. 9003 or the Ecological Solid
10 
Waste Management Act, further acknowledges the need to advance policies that will
11 
not only address waste treatment and disposal, but also source reduction.
12 
The State likewise recognizes the indispensable role of the private sector,
13 
encourages private enterprise and provides incentives to needed investments, while
14 
at the same time, acknowledging the need to develop a self-reliant and independent
15 
national economy effectively controlled by Filipinos.
16 
Sec. 3. Definition of Terms. - As used in this Act:
17 
a) Business enterprises refer to establishments engaged in the production,
18 
manufacturing, processing, repacking, assembly, or sale of goods and/or
19 
services, including service-oriented enterprises. It shall include retailers, self-
20 
employed or own-account workers, micro, small, and medium enterprises
21 
(MSMEs) and community based business enterprises;
22 
b) Climate change refers to a change in climate that can be identified by changes
23 
in the mean or variability of its properties and that persists for an extended
24 
period typically decades or longer, whether due to natural variability or as a
25 
result of human activity;
26 
c) Consumer refers to a person who is a purchaser, lessee, recipient or
27 
prospective purchaser, lessor or recipient of consumer products, services or
28 
credit;
29 
d) Disposal refers to the discharge, deposit, dumping, spilling, leaking or placing
30 
of any waste into or on land;
31 
e) Incentives refers to incentives provided for under RA No. 9520 otherwise
32 
known as the Philippine Cooperative Code of 2008, RA No. 9178 otherwise
2


1 
known as the Barangay Micro-Business Enterprise Act of 2002, RA No. 9501
2 
otherwise known as the Magna Carta for Micro, Small, and Medium Enterprises,
3 
Executive Order No. 226 otherwise known as the Omnibus Investment Code of
4 
1987, RA No. 10771 otherwise known as the Green Jobs Act of 2016 or
5 
incentives as defined by the local government unit through an ordinance
6 
specifically for this purpose, where applicable;
7 
f) Life Cycle Assessment refers to the process of evaluating the effects that a
8 
product has on the environment over the entire period of its life cycle, which
9 
covers all the processes required: extraction and processing; manufacture,
10 
transport and distribution; use, reuse and maintenance; recycling; and final
11 
disposal;
12 
g) Microplastics refer to small pieces of plastic found in the ocean, commonly
13 
defined as < 5mm in diameter, including particles as small as 10 nanometers;
14 
h) Plastic refers to lightweight, hygienic and resistant material which can be
15 
molded in a variety of ways and utilized in a wide range of applications;
16 
i) Recyclable material refers to any waste material retrieved from the waste
17 
stream and free from contamination that can still be converted into suitable
18 
beneficial use or for other purposes, including, but not limited to, newspaper,
19 
ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard,
20 
aluminum, glass, office paper, tin cans and other materials as may be
21 
determined by the National Solid Waste Management Commission (NSWMC);
22 
j) Recycled material refers to post-consumer material that has been recycled and
23 
returned to the economy;
24 
k) Recycling shall refer to the treating of used or waste materials through a
25 
process of making them suitable for beneficial use and for other purposes, and
26 
includes any process by which solid waste materials are transformed into new
27 
products in such a manner that the original product may lose their identity, and
28 
which may be used as raw materials for the production of other goods or
29 
services;
30 
I) Retailerref&cs to a person engaged in the business of selling consumer products
31 
directly to consumers;


1 
m) Re-use refers to the process of recovering materials intended for the same or
2 
different purposes without the alteration of physical and chemical
3 
characteristics;
4 
n) Reusable material/plastics/packaging shall refer to any material specifically
5 
designed and manufactured for multiple re-use and extended life. These shall
6 
meet the following requirements/considerations:
7 
i. May be capable of composting and is biodegradable;
8 
ii. Is accepted for recycling;
9 
iii. Does not contain any toxic or harmful substance or chemical such as but
10 
not limited to lead, cadmium, or any other heavy metal as provided for
11 
by existing rules and regulations of the Department of Environment and
12 
Natural Resources (DENR).
13 
o) Single-use plastics, for the purpose of this Act, refer to disposable plastics which
14 
are commonly used for plastic packaging and include items intended to be used
15 
only once before they are thrown away or recycled. These include, but are not
16 
limited to, items such as grocery bags, food packaging films and bags,
17 
manufacturing water bottles, straws, stirrers, containers, styrofoam/styros,
18 
cups, sachets and plastic cutlery; and
19 
p) Source reduction refers to the reduction of solid waste before it enters the solid
20 
waste stream by methods such as product design, materials substitution,
21 
materials re-use and packaging restrictions.
22 
Sec. 4. Scope. - This Act shall apply to the manufacture, importation, use,
23 
recycling and disposal of all single-use plastics used in trade or commerce in business
24 
enterprises, as well as by retailers and consumers, wherever located in the Philippines,
25 
as defined under Section 3 of this Act.
26 
Sec. 5. Prohibition and Phase-out ofSingie-use Plastics; Levy for the Use in the
27 
Interim Period and Discounts for Consumers. - The phase-out of single-use plastics
28 
by all business enterprises to consumers shall be in full force and effect one (1) year
29 
from the effectivity of this Act.
30 
In the interim period (within 1 year), the following shall be enforced:
31 
a) The provision of single-use plastics by food establishments, stores, markets and
32 
retailers shall be strictly prohibited;
4


1 
b) Consumers shall be encouraged/diverted to use re-usable materials in
2 
substitution for single-use plastics;
3 
c) Single-use plastics already manufactured and in circulation in the general
4 
market shall be collected, recycled, and properly disposed of by the
5 
manufacturers pursuant to the provisions of this Act;
6 
d) For single-use plastic materials which cannot be avoided, business enterprises
7 
must ensure that these are recycled in accordance with Section 7 of this Act;
8 
e) For each piece of single-use plastics already manufactured and in circulation at
9 
the time, the retailers shall charge the consumer a minimum levy of five pesos
10 
(Php 5.00);
11 
f) The amount collected in subparagraph (e) of this Section by the retailers shall
12 
be reflected in the official receipt. Twenty (20%) of the said amount shall be
13 
kept by the business enterprise to cover the cost of the said bags, while (80%)
14 
shall be remitted monthly, quarterly, or semi-annually to the Special Plastic
15 
Fund created under this Act.
16 
At the end of one (1) year period, and upon full effectivity of this Act, the further
17 
and continued provision by all business enterprises and use by consumers of single
18 
use plastics shall be strictly prohibited.
19 
For take-outs and selling of food and beverages, a discount of five pesos (Php
20 
5.00) shall be given to the consumer for bringing their own re-usable/recyclable
21 
containers.
22 
Sec. 6. Prohibition on the Importation of Singie-use Piastics. - One (1) year from
23 
the effectivity of this Act, the Department of Finance, through the Bureau of Customs
24 
(BOC), in coordination with relevant agencies such as DENR, Department of Trade
25 
and Industry (DTI), Department of Health (DOH) and the Climate Change Commission
26 
(CCC), shall ensure that no single-use plastics, including waste products from the
27 
same, will be imported to the country. Tariffs shall be correspondingly imposed by the
28 
Tariff Commission and collected by the BOC, which shall be further specified in the
29 
Implementing Rules and Regulations of this Act.
30 
Sec. 7. Recyciing of Used Singie-use Piastics. - Used single-use plastics, when
31 
allowed by this Act or those manufactured or used before Act's effectivity, shall be
32 
recycled. It shall be the duty of the plastic manufacturers to recycle the said single-
5


1 
use plastics in a manner consistent with existing laws, rules and regulations, and
2 
ensuring that no harmful chemicals or substances are released to the environment.
3 
The establishment of Materials Recovery Facility (MRFs), which shall be
4 
obligatory upon the business enterprises, shall serve as the collection points for used
5 
single-use plastics. LGUs, plastic manufacturers and business enterprises shall put
6 
systems and procedures in place for the proper collection of the used single-use
7 
plastics and its delivery to the recycling centers.
8 
It shall be the responsibility of the manufacturers that these plastics are properly
9 
collected, recycled, and disposed of, in accordance with this Act.
10 
Manufacturers shall also maintain records describing the recovery, collection,
11 
transport, recycling of plastic bags collected annually and shall make the records
12 
available to the National Solid Waste Management Commission (NSWMC) and/or the
13 
local government unit concerned, upon request, to demonstrate compliance with this
14 
Act.
15 
Sec. 8. Proper Disposal and Management of Plastic Wastes. - The disposal and
16 
management of plastic waste shall be done in accordance with the provisions of
17 
Republic Act No. 9003.
18 
The DENR, in coordination with the DOST, shall develop the appropriate
19 
standards for the disposal of plastic wastes, ensuring that zero emissions are achieved
20 
and no harmful chemicals are released to the environment in the process.
21 
Sec. 9. Research and Development (R&D) for Single-use Plastic Packaging
22 
Alternatives. - The Department of Science and Technology (DOST) and NSWMC shall
23 
include in their respective programs and R&D Agenda, and consequently, fund
24 
research on single-use plastic packaging alternatives. Alternatives may include, but
25 
shall not be limited to the following:
26 
a) Natural polymers
27 
b) Biomass-based compostable bio-polymers (i.e. starch, non-starch thermoplastic
28 
bio-composite, synthetic biomass-based polymers)
29 
c) Upcycling
30 
d) Fiber production
31 
e) Life cycle assessment


1 
0 Feasibility studies (i.e. willingness to pay, levies, tax, discount,
2 
disincentives/incentives, recommended rates)
3 
The NSWMC and DOST shall also provide assistance to DENR and the
4 
manufacturers for the implementation of this Act, particularly as regards the proper
5 
recycling and disposal of used single-use plastics, and developing more
6 
environmentally-friendly types of plastics used as primary packaging materials, among
7 
others.
8 
The DTI, Technical Education and Skills Development Authority (TESDA),
9 
Department of Labor and Employment (DOLE) and the Presidential Communications
10 
Operations Office (PCOO), in coordination with plastic manufacturers/industries, non-
11 
government and civil society organizations, and other concerned stakeholders, shall
12 
conduct studies within six (6) months upon the effectivity of this Act to determine the
13 
impact of this Act on affected plastic industry employees and workers. They shall
14 
likewise, together with DOST and the National Ecology Center (NEC), develop a
15 
capacity-building program for alternative livelihood opportunities for the affected
16 
employees and workers in areas such as recycling of used plastic products and cottage
17 
industries, among others.
18 
Sec. 10. Program for Affected Employees and Workers of the Plastic Industry. -
19 
Within six (6) months form the effectivity of this Act, massive research and technology
20 
development initiatives, pilot-testing of innovations and technologies resulting from
21 
these studies, and capacity-building activities shall be undertaken with plastic-
22 
manufacturing industries and business enterprises for them to adopt these
23 
technologies.
24 
DOST, NEC, DTI, DOLE and TESDA shall implement the capacity-building
25 
program to relevant stakeholders. DOST, in coordination with the NEC, shall provide
26 
the LGUs with technical assistance, trainings, and continuing capacity-building
27 
programs to attain the objectives of this Act.
28 
Sec. 11. Inclusion in the Philippine National Standards (PNS). - The NSWMC,
29 
DOST, and DTI through the Bureau of Product Standards (BPS), shall develop the
30 
standards and include in the Philippine National Standards (PNS) the products, items
31 
or technologies resulting from studies which were pilot-tested. It shall include the
32 
specifications of the said products, taking into consideration existing and available
7


1 
best technologies and internationally mandated and accepted standards, and in
2 
accordance with the provisions, mandates and standards of this Act.
3 
Sec. 12. Incentives for the Plastic Industries Shifting to Alternatives. - The
4 
manufacture of alternatives to single-use plastics under Section 9 of this Act shall be
5 
supported and encouraged.
6 
Business enterprises, individuals, cooperatives, partnerships, and corporations
7 
which engage in the manufacture of identified alternatives to single-use plastics shall
8 
be given incentives provided for under the Philippine Cooperative Code of 2008, the
9 
Barangay Micro-Business Enterprise Act of 2002, the Magna Carta for Micro, Small,
10 
and Medium Enterprises, the Omnibus Investment Code of 1987 or the Green Jobs
11 
Act of 2016, where applicable. The DENR and DTI, in coordination with the
12 
Department of Finance (DOF), shall provide technical and financial assistance to these
13 
manufacturers.
14 
LGUs are encouraged and shall be allowed to provide additional benefits and
15 
incentives to these manufacturers within their jurisdiction, consistent with existing
16 
laws, rules and regulations, which shall be in addition to the benefits and incentives
17 
provided for in the previous paragraph.
18 
Nothing in this Act shall prohibit or limit the right of the said manufacturers to
19 
be entitled to additional benefits and incentives which may be given by new laws,
20 
rules, and regulations in the future.
21 
Sec. 13. Monitoring and Market Inspection. - The NSWMC and DTI, in
22 
coordination with the LGUs, and local law enforcement agencies, shall conduct regular
23 
inspection and monitoring of business enterprises and facilities of manufacturers to
24 
determine compliance with this Act. Inspection and monitoring shall include the
25 
following:
26 
a) Enter of access to the premises of operation and business, including
27 
storage rooms and stockrooms;
28 
b) Inspect off-site storage facilities, distribution centers and transhipment
29 
points.
30 
Sec. 14. Certification. - The LGUs concerned, after the conduct of a thorough
31 
examination and inspection, shall issue the necessary certificate to show whether or


1 
not business enterprises or manufacturers in their jurisdiction are compliant with the
2 
mandates and directives of this Act.
3 
The LGU certification shall be a requirement for the renewal of any local permits,
4 
in addition to the DILG-DTI-DICT Joint Memorandum Circular No. 1, s. 2016, after the
5 
effectivity of this Act.
6 
Sec. 15. NSWMC as the Lead Implementing Agency and Other Functions. - The
7 
NSWMC created pursuant to Section 4 of RA 9003 shall be the lead implementing
8 
agency for this Act. It shall aid and assist other agencies involved in the
9 
implementation and enforcement of this Act. It shall perform the following functions:
10 
a) Prepare the national strategic single-use plastic roadmap;
11 
b) Lead the R&D agenda preparation, conduct of researches and pilot-testing
12 
of identified alternatives, with DOST;
13 
c) Lead in the development of standards for inclusion in the Philippine
14 
National Standards (PNS) of the products, items or technologies resulting
15 
from studies which were pilot-tested, in coordination with DTI and DOST;
16 
d) Review and monitor the implementation of the Act; which includes
17 
i. 
Monitoring local-level enforcement through the compilation of
18 
local-level ordinances on single-use plastics;
19 
ii. 
Conducting regular and routine inspections and monitoring of
20 
business enterprises and facilities of manufacturers as
21 
prescribed under Section 12 of this Act;
22 
e) Adopt a program to provide technical and other capability building
23 
assistance and support to local government units, business enterprises,
24 
concerned citizen groups and other relevant stakeholders in the
25 
implementation and enforcement of this Act;
26 
f) Manage the Special Plastics Fund established under Section 21 of this Act;
27 
g) Develop safety nets and alternative livelihood programs for business
28 
enterprises, plastic manufacturers, small recyclers and other sectors that
29 
will be affected as a result of the single-use phase out.
30 
Sec. 16. Roie of Local Government Units, and Other Stakeholders. - LGUs shall
31 
have the primary responsibility in the effort to decrease the percentage of plastic bag
32 
waste produced within their respective jurisdiction. They shall also be primarily
9


1 
responsible for the enforcement of the prohibitions of this Act and the monitoring of
2 
the collection of recyclable used plastic bags by manufacturers.
3 
Other stakeholders such as business groups, consumer groups and civil society
4 
organizations are encouraged to support the implementation of this Act.
5 
Sec. 17. Effect of LGU Ordinances Effective Before or After Effectivity of this Act.
6 
- LGU ordinances imposing bans and prohibitions on the use of plastic bags,
7 
promulgated and enforced prior to the effectivity of this Act, shall be considered as
8 
automatically amended in line with the provisions and mandates of this Act.
9 
LGUs that do not have ordinances enacted upon the effectivity of this Act are
10 
also encouraged to enact their respective ordinances in line with the provisions and
11 
mandates of this Act.
12 
The provisions, mandates, and directives of this Act shall serve as minimum
13 
standards and stipulations for LGU ordinances. Nothing in this Act shall be construed
14 
as limiting the authority of LGUs to enact ordinances which provide for stricter
15 
measures and standards than those provided for in this Act.
16 
Sec. 18. Pubiic Information and Education Campaign. - The DENR, in
17 
coordination with the LGUs, DILG, DepEd, Commission on Higher Education (CHED),
18 
PCOO, and Philippine Information Agency (PIA), shall conduct a continuing
19 
information and education campaign on the proper regulation of single-use plastics in
20 
the country.
21 
Such campaign shall be incorporated in and shall be in addition to the public
22 
information and education campaign under Section 55 of RA No. 9003.
23 
Sec. 19. Penaities and Sanctions. - Violations of this Act, starting the first year
24 
from the effectivity and as fully provided for under Section 3 of this Act, shall be
25 
imposed the following penalties:
26 
a) For Business Enterprises, Micro, Small and Medium Enterprises as defined
27 
in RA 6977, as amended, Barangay Micro Business Enterprises under RA
28 
9178, and all other enterprises and establishments not otherwise value-
29 
added tax (VAT) registered, the following penalties shall be imposed:
30 
i. 
First offense - A fine of five thousand pesos (Php 5,000.00);
31 
ii. 
Second offense - A fine of fifty thousand pesos (Php 25,000.00)
32 
and suspension of its business permit for three (3) months;
10


1 
Hi. Third offense - A fine of fifty thousand pesos (Php 50,000.00)
2 
and suspension of its business permit for one (1) year; and
3 
IV. Fourth offense - A fine of one hundred thousand pesos (Php
4 
100,000.00) and permanent suspension of its business permit.
5 
The said business permit shall not be eligible for renewed
6 
application for a period of 5 years. Thereafter, the LGU concerned
7 
may grant the said store with a business permit, provided its
8 
operator can show steps and measures will be put in place to
9 
comply with this Act. A further violation after the issuance of a
10 
new business permit shall perpetually bar the said operator from
11 
conducting its business in the LGU concerned.
12 
b) For VAT registered stores, establishments, and enterprises, and for all
13 
plastic manufacturers found violating this Act the following penalties shall
14 
be imposed:
15 
i. 
First offense-A fine of fifty thousand pesos (Php 50,000.00);
16 
ii. 
Second offense - A fine of one hundred thousand pesos (Php
17 
100,000.00) and suspension of its business permit for three (3)
18 
months;
19 
iii. Third offense - A fine of two hundred fifty thousand pesos (Php
20 
250,000.00) and suspension of its business permit for one (1)
21 
year; and
22 
iv. Fourth offense - A fine of five hundred thousand pesos (Php
23 
500,000.00) and permanent suspension for its business permit.
24 
The said business permit shall not be eligible for renewed
25 
application for a period of five (5) years. Thereafter, the LGU
26 
concerned may grant the said store with a business permit,
27 
provided its operator can show steps and measures will be put in
28 
place to comply with this Act. A further violation after the issuance
29 
of a new business permit shall perpetually bar the said operator
30 
from conducting it business in the LGUs concerned.
31 
If the offenders in (a) or (b) above is a corporation, trust or firm, partnership,
32 
association or any other entity, the penalty shall be imposed on the entity's responsible
11


1 
officers including, but not limited to, the president, chief executive officer, general
2 
manager, managing director or partner directly responsible thereof.
3 
Sec. 20. Administrative Sanctions. - Local government officials of government
4 
agencies who fail to comply with and enforce this Act shall be administratively charged
5 
in accordance with RA 7160 and other existing laws, rules and regulations.
6 
Sec. 21. Special Fund for Singie-use Plastics Regulation. - A Special Fund for
7 
Single-use Plastics Regulation (herein referred to as the Fund), to be administered by
8 
the NSWMC, is hereby created, to be composed of tariffs, levies, fees, and fines
9 
collected pursuant to the implementation and enforcement of this Act.
10 
The Fund shall be used to support the strict implementation and enforcement of
11 
this Act as, but not limited to, the following:
12 
a) Strengthen the operations of the NSWMC relative to the implementation
13 
and enforcement of this Act;
14 
b) Improve the capacity of LGUs, and local law enforcement agencies for the
15 
implementation of this Act;
16 
c) Establish recycling centers or re-modelled business enterprise that
17 
exhibits best practices (as no single-use zones) in each region or province;
18 
d) Conduct an impact evaluation studies relevant to the implementation of
19 
the Act, especially on areas of economic contributions, environmental and
20 
public health (through the Department of Health);
21 
e) Conduct of information and education campaigns on single-use plastics
22 
regulation and related environmental awareness measures;
23 
f) Assistance and provision of incentives for manufacturers and community-
24 
based initiatives for the production of single-use plastics, as well as for
25 
nongovernment and civil society organizations promoting proper 
solid
26 
waste management; and
27 
g) Additional provisions for the Solid Waste Management Fund under RA
28 
9003.
29 
The Fund may be augmented by donations, endowments, grants and
30 
contributions, which shall be exempt from donor's tax and be considered as allowable
31 
deductions from the gross income of the donor, in accordance with the provisions of
32 
the National Internal Revenue Code of 1997, as amended.
12


1 
Sec. 22. Access to Information/Public Disclosure Requirements, Public Access to
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Records, Reports or Notification. - The public shall have access to records, reports, or
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information concerning the implementation and mandates of this Act.
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Such documents shall be available for inspection or reproduction during regular
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business hours; provided that the DENR or concerned LGU may consider a record,
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report or information or particular portions thereof confidential and not for public
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release when such would divulge trade secrets, production or sales figures or
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methods, production or processes unique to such manufacturer, seller, or distributor,
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or would otherwise tend to affect adversely the competitive position of such
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manufacturer, seller, or distributor.
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Sec. 23. Citizen's Suit - For the purposes of enforcing the provisions of this Act
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or its implementing rules and regulations, any citizen may file an appropriate civil,
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criminal, or administrative action in the proper courts/bodies against:
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a) Any person who violates or fails to comply with the provisions of this Act
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and its implementing rules and regulations; or
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b) The department or other implementing agencies with respect to orders,
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rules and regulations issued inconsistent with this Act; and/or
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c) Any public officer who willfully or grossly neglects the performance of an
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act specifically enjoined as a duty by this Act or its implementing rules
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and regulations; or abuses his authority in the performance of his duty;
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or, in any manner improperly performs his duties under this act or its
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implementing rules and regulations; Provided, however, that no suit can
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be filed until after a thirty (30) day notice has been given to the public
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officer and the alleged violator concerned and no appropriate action has
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been taken thereon.
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The court shall exempt such action from the payment of filing fees and
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statements likewise, upon prima facie showing of the non-enforcement or violation
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complained of, exempt the plaintiff from the filing of an injunction bond for the
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issuance of preliminary injunction.
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In the event that the citizen should prevail, the court shall award reasonable
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attorney's fees, moral damages and litigation costs as appropriate.
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Sec. 24. Suits and Strategic Legal Action against Public Participation (SLAPP). -
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Where a suit is brought against a person who filed an action as provided in Section
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22 of this Act, or against any person, institution or government agency that
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implements this Act or any other consumer related laws, rules, and regulations, it shall
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be the duty of the investigating prosecutor or the court, as the case may be, to
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immediately make a determination within not exceeding thirty (30) days whether said
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legal action has been filed to harass, vex, exert undue pressure or stifle such legal
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recourses of the person complaining or enforce the provisions of this Act. Upon
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determination thereof, evidence warranting the same, the court shall dismiss the case
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and award the attorney's fees and double damages.
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This provision shall also apply and benefit public officers who are sued for acts
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committed in their official capacity, there being no grave abuse of authority, and done
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in the course of enforcing this Act, its rules, regulations and guidelines.
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Sec. 25. Appropriations. - Such amount as may be necessary to implement the
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provisions of this Act is hereby included in the annual appropriations of the DENR and
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other implementing agencies under the General Appropriations Act (GAA).
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Sec. 26. Congressional Oversight Committee. - The Joint Congressional
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Oversight Committee created under Section 60 of RA No. 9003 shall also have the
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power to monitor and evaluate the implementation of this Act.
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Sec. 27. Implementing Rules and Regulations. - The NSWMC, DENR, in
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coordination with the DTI, DILG, CCC and concerned government agencies and
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representatives of LGU organizations shall issue Implementing Rules and Regulations
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within one hundred (100) days after the effectivity of this Act. The said IRR shall
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specify and provide detailed provisions of this Act that needs further clarity in terms
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of scope, coverage and definitions.
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Sec. 28. Construction. - The best interests of the consumer and the right to a
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healthful and balanced ecology shall be considered in the construction and
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interpretation of this Act and its IRR.
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Sec. 29. Separability Clause. - If any provision of this Act is declared invalid or
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unconstitutional, the other provisions not affected by such declaration shall remain in
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full force and effect.
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Sec. 30. Repealing Clause. - All laws, executive orders, administrative orders,
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and rules and regulations inconsistent with this Act are hereby repealed or amended
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accordingly.
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Sec. 31. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
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complete publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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