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

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. Sent

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

The past few months, the Philippines was involved in a diplomatic row as trash from Canada
that arrived in 2013 and 2014 have been festering in shipping containers in Philippine ports.
Various environmental groups have called for the reimportation of the controversial shipment
of garbage back to Canada.

The Basel Convention prohibits the transportation of hazardous waste from country to country
within the Pacific. The Philippines signed the Basel Convention on March 22, 1989 and the
treaty was ratified by Congress in October 1993.

Furthermore, there is a Constitutional duty to protect and advance the right of the people to a
balanced and healthful ecology. Considering that the Philippines has a huge problem on the
Proper disposal, and management of garbage, this bill congruent with the Cons 8

meant to be used as recyclable materials.

We cannot be used by other developed nations as a dump site and
wastes materials on our shores.

In view of the foregoing, the immediate passage of this bill is most ea



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

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 9241

Introduced by Rep. Winston “Winnie” Castelo

“AN ACT PROHIBITING THE IMPORTATION OF SOLID WASTE MATERIALS.”

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

SECTION 1. Short Title. - This Act shall be known as the “Prohibition of Importation of Solid
Waste Materials Act”.

SEC. 2. Declaration of Policy. - It is State policy to protect and promote the right to health of
the people and instil health consciousness in them. It is hereby declared a policy of the State
to prohibit the entry of solid waste into the Philippine territorial limits for whatever purpose to
prevent and contro! environmental pollution.

SEC. 3. Prohibition of 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 the Philippine territory, for use, treatment, or processing of the
same.

SEC. 4. Penalties. - Any entity or person who shall import any solid waste for use, treatment,
or processing is in violation of this Act shall be punished with imprisonment of twelve years
and one day to twenty years, at the discretion of the court.

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

If the violation is by a business entity, the owner, president, manager, or most senior officers
shall be liable for the offense. A penalty of at least Five Hundred Thousand Pesos (Php


500,000.00) shall be imposed. In addition, the license or registration of manufacturer, importer,
distributor, or retailer may be cancelled or revoked, upon showing of any violation of this Act.

If 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. 5. Obligation to transport the prohibited solid waste. - 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 or 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.

SEC. 6. Appropriations. ~ The amount necessary to carry out the provisions of this Act shall
be included in the budget of concerned government agencies in the General Appropriations
Act of the year following its enactment into law and thereafter.

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

SEC. 8. Separability Clause. - If any provision or section of this Act is held invalid or
unconstitutional, the other provisions and sections not affected thereby shall remain in full
force and effect.

SEC. 9. Repealing Clause. — All laws, presidential decrees, executive orders, or issuances, or
any part thereof which are inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or two (2) newspapers of general circulation.

Approved,