Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

3422
House Bill No.

Introduced by Honorable Joaquin M. Chipeco, Jr.

EXPLANATORY NOTE

Article II, Section 16 of the 1987 Philippine 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.

Recent events have revealed that the Philippines is fast
becoming a dumping ground for imported wastes from other
countries. It is not known how long and extensive this nefarious
practice has been going on since the reports only cover new
apprehensions by the authorities. In a poor country such as ours,
which could hardly deal with the disposal of its own waste
materials, it is imperative that we stop altogether such importations
lest we get overwhelmed by the volume of pollutants. Already, we
have been ranked by an international body as among the worst
countries in the world polluting the oceans.

In view of the foregoing reasons, the urgent passage of this bill

is earnestly sought.
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Sow: QUIN M. CHIPECO, JR.
~ Representative
ne District, Calamba City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3422
HOUSE BILL NO.

Introduced by Honorable Joaquin M. Chipeco, Jr.

AN ACT
BANNING THE IMPORTATION OF SOLID WASTE

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

Section 1. Declaration of Policy. - It is the declared policy of the
State to prohibit the entry of imported solid waste into Philippine
territorial limits for whatever purpose to prevent and control
environmental pollution caused by solid waste, safeguard human
health, maintain ecological safety, and promote the sustainable
development of Philippine economy and society.

Sec. 2. Ban on Importation of Solid Waste and Its use. - It
shall be unlawful to import any solid waste, as defined in
Republic Act No. 9003 and its implementing rules and
regulations, into or within Philippine territory, or otherwise
use, treat, or process the same. For purposes of this Act,
Special Economic Zones, as defined in Republic Act No. 7916,
as amended, are considered part of Philippine territory.

Sec. 3. Penalties. -Any entity or person who shall import any
solid waste or otherwise use, treat, or process the same in
violation of this Act shall be punished with imprisonment of


twelve (12) years and one day to twenty (20) years, at the
discretion of the court.

If the offender is a foreigner, the foreigner offender shall be
deported and barred from any subsequent entry into the
Philippines after service of sentence.

In case of corporations, associations, or other entities, the
penalty shall be imposed upon the managing partner, president,
or chief executive officer, in addition to the payment of an
exemplary damage of at least five hundred thousand pesos (Php
500,000.00). If it is a foreign entity, the director and all its
responsible officers shall be barred from entry into the
Philippines, in addition to the cancellation of its license to do
business in the Philippines.

In case the offender is a government official or employee, the
penalties of automatic dismissal from office and permanent
disqualification from holding any elective or appointive position
shall be imposed, in addition to the penalties provided herein.

Sec. 4. Other Penalties. - The person or firm responsible for
or connected with the unlawful importation of solid waste shall
have the obligation to transport or send back to the port of origin
such prohibited wastes. If the importer cannot be ascertained, the
carrier shall be responsible for transporting such solid waste back
to the port of origin or pay the exemplary damage of at least five
hundred thousand pesos (Php 500,000.00), or both.

If the importation caused environmental pollution, the
competent environmental protection agency shall order the
importer to eliminate the pollution.

Sec. 5. Forfeiture of Proceeds and Equipment. — The penalty
imposed for the unlawful importation of solid waste and its
use shall carry with it the confiscation and forfeiture in favor
of the Government of the proceeds of the unlawful act
including any instrument, equipment, tool, or other
improvements used in or with which the offense was
committed.


Sec. 6. Appropriations. — The amount necessary to carry out
the provisions of this Act shall be included in the annual
General Appropriations Act.

Sec. 7. Implementing Rules and Regulations. — Within sixty
(60) days from the approval of this Act, the Department of
Environment and Natural Resources (DENR) and _ the
Department of Trade and Industry (DTI) shall formulate and
promulgate rules and regulations to implement the provisions
of this Act.

Sec. 8. Separability Clause. — If any provision of this Act is
held invalid or unconstitutional, the other provisions not so
declared shall remain in force and in effect.

Sec. 9. Repealing Clause. - All laws, decrees, proclamations,
issuances or ordinances contrary to or inconsistent with the
provisions of this Act are hereby amended, repealed, or modified

accordingly.

Sec. 10. Effectivity Clause. — This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,