Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __ 106

Introduced by HONORABLE LANI MERCADO-REVILLA

EXPLANATORY NOTE
The Constitution, Article II, Section 16 provides:

“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.”

The widespread use of plastic bags, plates, utensils and cups and styrofoam containers
has made our everyday lives easier and more convenient. However, these ostensibly harmless
products has gradually become an ecological nightmare for these non-biodegradable objects are
difficult to dispose. Further, these materials usually turn up in our esteros, riverbanks, sea coast,
and other bodies of water, blocking our sewage systems and clogging the drainage pipes which
eventually cause the massive flooding we experience every time there is a heavy down pour.

For the past decade or so, the international community has been trying to cut down on the
use of plastic products and styrofoam containers. It is about time that we contribute our share
by minimizing, if not to totally banning the use of plastic products in order to preserve the
ecological balance and help prevent the destruction of our ecosystem.

Hence, the approval of this bill is eamestly requested.

ANI MERCADO- REVILLA

2™ District, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ___ 106

Introduced by HONORABLE LANI MERCADO-REVILLA

AN ACT REGULATING THE PRODUCTION, IMPORTATION,
SALE, PROVISION, USE, RECOVERY, COLLECTION, RECYCLING AND DISPOSAL
OF PLASTIC BAGS

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

SECTION 1. Short Title. — This Act shall be known as the “Plastic Bag Regulation Act of
2013”.

SEC. 2. Definition of Terms. ~ For the purpose of this Act:

(a) Biodegradable plastic bag refers to a plastic bag that degrades into fine wettable
fragments through oxidation processes and thereafter attain molecular structure suited for
biodegradation that results from the action of naturally occurring microorganisms such as
bacteria, fungi and algae. Such plastic bags shall, within twenty-four (24) months after its use,
have a sixty percent (60%) biodegradation where organic carbon is converted to carbon dioxide
without leaving significant harmful residues.

(b) Commercial establishment refers to an establishment or cluster of establishments
engaged in commerce or sales of goods or services including, but not limited to, market stores,
shopping mall outlets, supermarkets, department stores, groceries, convenience stores, food
chains, restaurants, cafes, bars, sari-sari stores and the like.

(c) Department refers to the Department of Environment and Natural Resources
(DENR).

(@) Operator refers to a person or group of persons in control of, or having daily
responsibility for, the daily operation of a store which may include, but not limited to, the owner
of the store.

(e) Plastic bag refers to a polymer bag designed to be provided or utilized at the point of
sale for carrying and transporting goods.

(0 Reusable bag refers to a washable canvass bag, a bayong or any shopping bag used for
carrying and transporting goods, which bags are made of organic or nonorganic materials and
can be used several times.

SEC. 3. Biodegradable Plastic Bags. — Six (6) months after the effectivity of this Act,
commercial establishments shall provide biodegradable plastic bags to their consumers:
Provided, That they shall promote and make available for sale locally-made bayong, buli and


other reusable bags that are made of abaca, water lily and other organic or compostable
materials: Provided, further, That establishments may still provide other plastic bags as
sanétioned under Section 5 of this Act.

For this purpose, the Department of Trade and Industry (DTD, in coordination with the
Department, leagues of local government units (LGUs), National Solid Waste Management
Commission (NSWMC), and other government and private agencies and organizations
concerned shall, within six (6) months from the effectivity of this Act, promulgate the
appropriate Philippine National Standard (PNS) for biodegradable plastic bags: Provided, That
the DTI shall consider in the PNS the recyclability of biodegradable plastic bags.

SEC. 4. In-Store Recovery Program. — Within sixty (60) days after the effectivity of this Act, the
operator or cluster of operators of commercial establishments that provide plastic bags to
consumers as part of a purchase at retail, shall establish an in-store recovery program that will
give their customers an opportunity to return their used plastic bags to the commercial
establishments from which the plastic bags originated.

An in-store recovery program provided by the operator of said commercial establishment
shall include the following:

(a) A plastic bag shall have printed or displayed on it in a manner visible to the consumer,
a logo and/or words showing that it is a biodegradable plastic bag;

(b) A plastic bag printed with the name or logo of the establishment shalll have printed or
displayed on it the words “PLEASE RETURN TO ANY STORE FOR RECYCLING”, in
addition to the requirement of the immediately preceding paragraph;

(©) A plastic bag recovery bin shall be placed at each store or cluster of stores and shall be
visible, easily accessible to the costumer, and clearly marked that the recovery bin is available
for the purpose of collecting, recycling and disposal of plastic bags;

(@) All plastic bags recovered by the store shall be collected, transported, and, whenever
practicable, recycled and disposed by the LGUs pursuant to Section 8 of this Act.

(c) The commercial establishment shall maintain records describing the recovery,
collection, transport, and whenever applicable, recycling and disposal of plastic bags collected
for a minimum of three (3) years, and every year thereafter. It shall make the records available to
the Department and/or LGU, upon request, to demonstrate compliance with this Act. The LGU
concerned shall likewise maintain records it has recovered, collected and transported for
recycling or disposal, and shall make the records available to the Department;

(® The commercial establishment shall require their customers to surrender an equivalent
or practically equivalent plastic bag for the provision of a new plastic bag. Otherwise, the
customer or consumer will be charged a fixed fee of P1.00 per plastic bag, which fee shall be
reflected in their receipts; and

(g) The commercial establishment shall make local reusable bags available to consumers
within the establishment, which shall be purchased in lieu of surrendering an old plastic bag or
purchasing a new plastic bag.

SEC. 5. Phaseout of Nonbiodegradable Plastic Bags. ~ Notwithstanding the provision of Section
4 of this Act, nonbiodegradable plastic bags shall be gradually phased out within a period of
three (3) years from the effectivity of this Act. Thereafter, production, importation, sale,
distribution, provision or use of said bags shall be prohibited.

SEC. 6. Lead Agency. The Department, unless otherwise provided herein, shall be the primary
government agency responsible for the implementation and enforcement of this Act.

SEC. 7. Linkage Mechanism. — The Department, in coordination with the DTI and the NSWMC,


shall consult, and enter into an agreement with other government agencies or LGUs, or with
concemed nongovernmental organizations (NGOs) or people’s organizations (POs), or private
enteiprises in the furtherance of the objectives of this Act.

SEC. 8 Role of Local Government Units (LGUs). - The LGUs shall have the primary
responsibility in the effort to decrease the percentage of plastic bag waste produced within their
respective territorial jurisdictions.

For this purpose, they shall be primarily responsible for the collection, transportation,
recycling and disposal of plastic bags recovered pursuant to this Act. The LGUs may enjoin the
participation of other concerned government agencies, private entities and industries.

‘The Department of Science and Technology (DOST), in coordination with the National
Ecology Center, shall provide the LGUs with technical assistance, trainings and continuing
capability-building programs to attain the objectives of this Act.

SEC. 9. Fines and Penalties. ~ Violations of Sections 3, 4 and 5 of this Act shall be penalized in
the following manner:
(a) A fine of not exceeding One hundred thousand pesos (P100,000.00) for the first
offense;
(b) A fine of not exceeding Two hundred fifty thousand pesos (P250,000.00) for the
second offense;
(©) A fine of not exceeding Five hundred thousand pesos (P500,000.00) for the third
offense; and
(d) A fine of not exceeding Seven hundred fifty thousand pesos (P750,000.00) and
automatic revocation of its business permit for the fourth offense.

Fines shall be imposed based on the capitalization of commercial establishments. For this
purpose, the Department shall establish such classification of commercial establishments.

For purposes of the imposition of appropriate fines hereof, the Department shall establish
classification of commercial establishments based on their capitalization.

Any fine collected pursuant to this section shall be retained by the barangay unit where
the store is located in order to augment its waste management capability.

SEC. 10. Administrative Action. — Without prejudice to the right of any person to file an
‘administrative action, the Department shall, on its own instance or upon verified complaint by
any person, institute administrative proceedings in the proper forum against any natural or
juridical person who violates any of the provisions of this Act with respect to:

(a) Standards and limitations provided by this Act; or
(b) Such order, rule or regulation issued by the DTI with respect to such standard or
limitation.

SEC. 11. Independence of Action. - The filing of an administrative suit against such person or
entity does not preclude the right of any other person to file any criminal or civil action.

SEC. 12. Enforcement. — The enforcement of the penal provision of this Act shall be made
through the Department, in coordination with the Office of the Mayor of the LGU concerned.

SEC. 13. Joint Congressional Oversight Committee. - The Joint Congressional Oversight
Committee created under Section 60 of Republic Act No. 9003, otherwise known as the
“Ecological Solid Waste Management Act of 2000”, shall likewise monitor the implementation
of this Act and review the implementing rules and regulations promulgated by the Department.

SEC. 14. Implementing Rules and Regulations. - The Department, in coordination with the DTI,


the NSWMC and other relevant government agencies and organizations shall, within six (6)
months from the effectivity of this Act, promulgate the implementing rules and regulations (IRR)
governing this Act.

SEC. 15. Appropriations. - The amount necessary to carry out the provisions of this Act shall be
charged against the current year’s appropriations of the concerned agencies. Thereafter, such
sums as may be necessary for the operation and maintenance of this Act shall be included in the
General Appropriations Act.

SEC. 16. Separability Clause. — If, for any reason, any provision of this Act or part thereof is
declared unconstitutional or invalid by a court of competent jurisdiction, the other provisions or
parts hereof not affected shall remain in full force and effect.

SEC. 17. Repealing Clause. — All laws, decrees, orders, issuances, ordinances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.

Approved,