Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
INTRODUCED BY TUTOK TO WIN  
PARTY-LIST REPRESENTATIVE SAM “SV” VERZOSA 
EXPLANATORY NOTE 
Developing countries have successfully explored and utilized waste-to-energy 
technologies as sustainable energy sources in response to the worsening municipal 
solid waste management problem. This has significantly reduced the volume of waste 
entering landfills by 75–90 percent.1 
The National Solid Waste Management Commission (NSWMC) projected that 
the country will produce 20.51 million metric tons of waste by 2030. This marks a 
significant increase of 39.90% from the 2014 recorded data. 
Republic Act No. 9513, otherwise known as the Renewable Energy Act of 2008 
(RE Act) mandates the Department of Energy (DOE) to encourage the adoption of 
waste-to-energy (WTE) facilities. More than a decade since its passage, there are only 
twelve (12) WTE plants in the country utilizing municipal solid waste. 
1 United Nations Environment Programme. What is Waste to Energy?. Accessed at:
https://wedocs.unep.org/bitstream/handle/20.500.11822/29521/WTEPoster.pdf?sequence=1&isAll
owed=y 
October 14, 2022
4:29 pm
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Aside from the growing waste management crisis, many regions in the 
Philippines are also experiencing insufficient and unstable electricity supply while 
burdened by its increasing cost. Rotational brownout brings utter discomfort to many 
Filipino households and dispenses substantial losses to businesses. 
   
The government must support waste-to-energy programs as it will 
significantly contribute in solving the problems on waste management as well as on 
energy security and sustainability. This bill seeks to encourage the utilization of WTE 
facilities to ensure uninterrupted and affordable supply of electricity while solving the 
massive increase in waste volume in the country, consistent with the Supreme Court 
decision in the case of Metropolitan Manila Development Authority v. Jancom 
Environmental Corporation where it ruled that Republic Act No. 8749, or otherwise 
known as the “Clean Air Act of 1999,” does not absolutely prohibit incineration as a 
mode of waste disposal, rather, only those burning processes which emit poisonous 
and toxic fumes are banned. 
In view of the foregoing, the passage of this bill is earnestly sought. 
 
 
 
SAM “SV” VERZOSA 
  
            Representative 
               
     Tutok to Win Party-List


1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
INTRODUCED BY TUTOK TO WIN  
PARTY-LIST REPRESENTATIVE SAM “SV” VERZOSA 
AN ACT 
ESTABLISHING A NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK 
FOR 
FACILITIES 
UTILIZING 
WASTE-TO-ENERGY 
TECHNOLOGIES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Waste-to-Energy 
Act.” 
SECTION 2. Declaration of Policy. - It is hereby the policy of the State to: 
(a) Ensure protection of the public’s health and the environment through a
systematic and comprehensive ecological solid waste management
program;
(b) Strengthen its commitment to solid waste avoidance and volume reduction
by supplementing the latter with other solid waste management treatment
technologies to include waste-to-energy;
(c) Encourage the development and utilization of environmentally sustainable
new and alternative technologies in resource recovery, resource
conservation,  processing, treatment, and disposal of solid waste, such as
waste-to-energy facilities;
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2 
(d) Support the utilization of waste-to-energy facilities in order to attain
sustainable energy and energy security;
(e) Strengthen the integration of solid waste management, waste-to-energy
promotion, and environmental protection towards healthful cities amidst
economic growth and development; and
(f) Promote collaboration, cooperation, and participation of various sectors in
coordinated approaches to solid waste management and waste treatment
technology towards national development and jobs creation.
SECTION 3. Scope and Application. – This Act shall apply to all local 
government units and waste-to-energy facilities. 
SECTION 4. Definition of Terms. For purposes of this Act, the following terms 
are defined as stated below: 
(a) Agricultural waste refers to waste generated from planting or harvesting of
crops, trimming or pruning of plants, and wastes or run-off materials from
farms or fields;
(b) Biomedical waste or hazardous healthcare waste refers to waste from healthcare
facilities that may pose a variety of environmental and health risks. It can
be further classified into sharps waste, infectious waste, pathological and
anatomical waste, pharmaceutical waste, genotoxic waste, chemical waste,
radioactive waste, and pressurized containers as defined by the
Department of Health (DOH);
(c) City or Municipal Solid Waste Management Board refers to the entity
established by each city or municipality pursuant to Section 12 of Republic
Act No. 9003, otherwise known as the Ecological Solid Waste Management
Act of 2000;
(d) Chemical and industrial waste refers to discarded solid, liquid, or gaseous
chemicals from laboratories, industrial establishments, or other sources
such as diagnostic and experimental work, environmental work, cleaning,
housekeeping, and disinfecting procedures;


3 
 
(e) Clustering is a strategy of pooling available resources of local government 
units (LCDs) for the establishment of a common solid waste management 
treatment facility or service; 
(f) Collection refers to the act of removing solid waste from the source or from 
a communal storage point; 
(g) Disposal refers to the deposit, or placing of any solid waste into an approved 
disposal site pursuant to Republic Act No. 9003; 
(h) Disposal site refers to a facility where solid waste is finally deposited and 
placed pursuant to Republic Act No. 9003; 
(i) Emission means any air contaminant, pollutant, gas stream, or unwanted 
sound from a known source which is passed into the atmosphere; 
(j) Hazardous waste refers to substances that are without any safe commercial, 
industrial, agricultural, or economic usage and are shipped, transported, or 
brought from the country of origin for dumping or disposal into or in 
transit through any part of the Philippines. It shall also refer to by-products, 
side- products, process residues, spent reaction media, contaminated plant 
or equipment, or other substances from manufacturing operations and as a 
customer discard of manufactured products, or a combination of solid 
waste which, because of its quantity, concentration, physical, chemical, or 
infectious characteristics, may: 
(i) 
Cause or significantly contribute to an increase in mortality or an 
increase in a serious irreversible or incapacitating reversible 
illness, or  
(ii) 
Pose a substantial present or potential hazard to human health or 
the environment when improperly treated, stored, transported, 
or disposed of, or otherwise managed; 
(k) Incineration in a WTE facility refers to a waste treatment and resource 
recovery technology that involves the controlled combustion of waste 
materials for the purpose of recovering energy from it, and whose 
emissions and effluents are compliant with the guidelines pursuant to this 
Act and other relevant laws, rules, and regulations; 


4 
 
(l) Local Government Solid Waste Management Plan refers to the ten (10) year 
solid waste management plan, consistent with the National Solid Waste 
Management Framework, prepared by the LGUs pursuant to Section 16 of 
Republic Act No. 9003; 
(m) Municipal waste refers to waste produced from activities within LGUs 
which include a combination of domestic, commercial, institutional, and 
industrial wastes and street litters pursuant to Republic Act No. 9003; 
(n) National Solid Waste Management Commission (NSWMC) refers to the body 
created and primarily tasked with overseeing the implementation of solid 
waste management plans and prescribing policies to achieve the objectives 
of Republic Act No. 9003; 
(o) National Solid Waste Management Framework refers to a document prepared 
by the NSWMC based on the National Solid Waste Management Status 
Report pursuant to Section 15 of Republic Act No. 9003; 
(p) National Solid Waste Management Status Report refers to a document 
prepared by the Department of Environment and Natural Resources 
(DENR), which is used as a basis in formulating the National Solid Waste 
Management Framework pursuant to Section 14 of Republic Act No. 9003; 
(q) Poisonous and toxic fumes refer to any emissions and fumes which are 
beyond internationally accepted standards, including but not limited to the 
World Health Organization (WHO) air quality guidelines, as provided in 
Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of 
1999; 
(r) Processing fee refers to the amount paid to avail of the services of a waste-
to-energy facility as defined herein; 
(s) Provincial Solid Waste Management Board refers to the entity established by 
each province pursuant to Section 11 of Republic Act No. 9003; 
(t) Residue refers to substances that remain after a process in a waste-to-energy 
facility such as preparation, separation, purification, evaporation, 
combustion, distillation, or filtration; 


5 
 
(u) Resource recovery refers to the collection, extraction, or recovery of 
recyclable materials from the waste stream for the purpose of recycling, 
generating energy, or producing a product suitable for beneficial use; 
(v) Sanitary landfill refers to a waste disposal site designed, constructed, 
operated, and maintained in a manner that exerts engineering control over 
significant potential environment impacts arising from the development 
and operation of the facility pursuant to Republic Act No. 9003; 
(w) Segregation refers to a solid waste management practice of separating 
different materials found in solid waste in order to promote recycling and 
reuse of resources, facilitate waste treatment processes, and to reduce the 
volume of waste for collection and disposal pursuant to Republic Act No. 
9003; 
(x) Solid waste refers to all discarded household waste, commercial waste, non-
hazardous 
institutional 
and 
industrial 
waste, 
street 
sweepings, 
construction debris, agricultural waste, and other non-hazardous or non-
toxic solid waste. It shall not include: 
(i) 
Waste identified or listed as hazardous waste of a solid, liquid, 
contained gaseous, or semisolid form, which may cause or 
contribute to an increase in mortality or in serious or 
incapacitating reversible illness, or acute or chronic effect on the 
health of persons and other organisms, 
(ii) 
Infectious waste from hospitals such as equipment, instruments, 
utensils, and fomites of a disposable nature from patients who are 
suspected to have or have been diagnosed as having 
communicable diseases and must therefore be isolated as 
required by public health agencies, laboratory wastes as 
pathological specimens, and disposable fomites that may harbor 
or transmit pathogenic organisms, and surgical operating room 
pathologic materials from outpatient areas and emergency 
rooms, and 


6 
 
(iii) 
Waste resulting from mining activities, including contaminated 
soil and debris; 
(y) Solid waste management treatment facility refers to any resource recovery 
system or component thereof; any system, program or facility for resource 
conservation; or any facility for the collection, source separation, storage, 
transportation, transfer, processing, treatment, or disposal of solid waste; 
(z) 
Solid waste management refers to the discipline associated with the control 
of generation, storage, collection, transfer and transport, processing, and 
disposal of solid wastes in a manner that is in accord with the best 
principal of public health, economics, engineering, conservation, 
aesthetics, and other environmental considerations, and that is also 
responsive to the public attitudes; 
(aa) Waste refers to any material misplaced, unused or rejected by persons as 
worthless or unwanted. It includes, among others, agricultural, 
biomedical, chemical and industrial, hazardous, municipal, and solid 
wastes; 
(bb) Waste-to-Energy (WTE) refers to an energy system with a process of 
converting WTE feedstock with various technologies, usually the 
conversion of non-recyclable waste materials into usable heat, electricity, 
or fuel through a variety of processes; 
(cc) WTE facility refers to the facility where the WTE operations are conducted; 
(dd) WTE feedstock refers to the waste materials with calorific-value that are 
taken in for WTE processing in a WTE facility; 
(ee) Waste generation refers to the act or process of producing solid waste; and 
(ff) WTE strategy refers to a plan of action with measurable targets for the 
utilization of WTE facilities for solid waste management treatment and 
energy production. 
 
SECTION 5. Waste-to-Energy and Waste-to-Energy Facility. - WTE shall be 
classified as another kind of renewable energy resource. A WTE facility shall: 


7 
 
(a) Be both a solid waste management treatment facility and an energy 
production facility; 
(b) Comply with establishment and operation guidelines for WTE facilities 
pursuant to Sections 6(c), 8(c), and 9(b) of this Act; 
(c) Ensure the proper management of its residue which should conform to 
relevant laws, rules, and regulations and should include making 
arrangements with a sanitary landfill, or developing its own, prior to its 
operations, as a disposal site for any residue generated from its operations 
in accordance with NSWMC, DENR, and DOH guidelines issued pursuant 
to this Act; and 
(d) Comply with relevant laws, rules, and regulations including but not 
limited to Presidential Decree No. 1586 Establishing an Environmental 
Impact Statement System, Republic Act No. 6969 otherwise known as the 
Toxic Substances and Hazardous and Nuclear Waste Act, Republic Act No. 
7638 otherwise known as the Department of Energy Act of 1992 as 
amended, Republic Act No. 8749, Republic Act No. 9003, Republic Act No. 
9136 otherwise known as the Electric Power Industry Reform Act of 2001, 
Republic Act No. 9275 otherwise known as the Philippine Clean Water Act 
of 2004, Republic Act No. 9367 otherwise known as the Biofuels Act of 2006, 
Republic Act No. 9513 otherwise known as the Renewable Energy Act of 
2008, Republic Act No. 11223 otherwise known as the Universal Health 
Care Act, and WHO Guidelines on Air Quality. 
All waste treatment technologies in a WTE facility shall be allowed including 
incineration: Provided, that these technologies shall not emit toxic and poisonous 
fumes into the environment and shall comply with all the laws mentioned hereof and 
other relevant laws, rules, and regulations. 
In addition to the provisions of this Act, the segregation, collection, transfer, 
storage, and transport of solid waste as WTE feedstock for a WTE facility, and the 
waste treatment process of the WTE facility shall be governed by Republic Act No. 
9003 and Republic Act No. 8749, while the energy production aspect of the WTE 


8 
 
facility shall be governed by Republic Act No. 7638, Republic Act No. 9136, Republic 
Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and regulations. 
 
SECTION 6. The National Solid Waste Management Commission. - The 
Secretary of the Department of Energy shall serve in ex officio capacity as member of 
the National Solid Waste Management Commission (NSWMC), which shall now have 
fifteen (15) members from the government sector. In addition to its powers and 
functions under Republic Act No. 9003, the NSWMC shall: 
(a) Include a WTE strategy in the National Solid Waste Management 
Framework; 
(b) Act as the lead agency in ensuring streamlined standards, criteria, and 
guidelines for WTE facilities to avoid inconsistent and conflicting 
issuances; 
(c) Regularly determine, review, and publish the following:  
(i) 
Standards, criteria, and guidelines for: 
1. Characterization and composition of solid waste utilized 
as WTE feedstock for WTE facilities to ensure emissions 
are compliant with Republic Act No. 8749 and other 
relevant laws, rules, and regulations, 
2. Transport, 
storage, 
and 
pre-processing 
of 
WTE 
feedstock, 
3. Pre-operation, 
siting, 
design, 
operation, 
and 
maintenance of WTE facilities, 
4. Quality control and operational control of WTE facilities, 
5. Management of residue from WTE facilities, if any; 
6. Pollution 
abatement, 
emissions 
monitoring, 
environmental monitoring, and public health and safety 
monitoring in relation to WTE facilities, 
7. Decommissioning, closure, and abandonment of WTE 
facilities, and 


9 
 
8. Other guidelines pursuant to relevant laws, rules, and 
regulations, and 
(ii) 
Minimum standards, criteria, and guidelines, in determining a 
fair, equitable, and reasonable processing fee for WTE facilities 
taking into consideration, among others, the cost of construction, 
operation, and maintenance of the facility as well as the potential 
revenue from the sale of energy output, in consultation with 
relevant government agencies, experts, and stakeholders; 
(d) Consolidate and make available to the public, through its website, the 
following: 
(i) 
Current and potential uses of WTE facilities in relation to solid 
waste management; 
(ii) 
Inventory of existing WTE facilities; 
(iii) 
General feedstock characterization; 
(iv) 
Status and projection of feedstock generation; 
(v) 
Specific locations of potential feedstock and WTE facilities; and 
(vi) 
Other relevant information; 
(e) Provide policy guidelines to assist LCDs in the development of WTE 
facilities to include the determination of the potential of WTE facilities in 
their respective localities; 
(f) Ensure LGUs incorporate a WTE strategy, if feasible, in their respective 
Local Government Solid Waste Management Plans; 
(g) Identify and recommend potential clustering of LGUs for a common WTE 
facility; 
(h) Coordinate with the Provincial, City, and Municipal Solid Waste 
Management Boards especially for clustered LGUs employing a common 
WTE facility; and 
(i) Perform all other acts that are analogous to the foregoing, which are 
necessary and incidental to accomplish the policy objectives of this Act. 
 


10 
 
SECTION 7. Role of the Department of Energy. - In addition to its powers and 
functions under Republic Act No. 7638, the Department of Energy (DOE) shall: 
(a) Issue permits to WTE facilities based on the energy output, and determine 
the standards, criteria, and requirements applicable for each kind of WTE 
facility pursuant to Republic Act No. 7638, Republic Act No. 9136, Republic 
Act No. 9367, Republic Act No. 9513, and other relevant laws, rules, and 
regulations; 
(b) Include a WTE strategy in the Philippine Energy Plan, taking into 
consideration the National Solid Waste Management Framework; 
(c) Regularly submit to the NSWMC and make available to the public, 
especially to potential WTE investors, national and local information on the 
following: 
(i) 
Current and potential uses of WTE facilities in relation to solid 
waste management, 
(ii) 
Inventory of existing WTE facilities, and 
(iii) 
Other relevant information; and 
(d) Perform all other acts that are analogous to the foregoing, which are 
necessary and incidental to accomplish the policy objectives of this Act. 
 
SECTION 8. Role of the Department of Environment and Natural Resources. - 
In addition to its powers and functions under Republic Act No. 9003 and Republic Act 
No. 8749, the DENR shall: 
(a) Include a WTE strategy, if feasible, in the National Solid Waste Management 
Status Report; 
(b) Provide technical and other capacity building assistance and support to LGUs 
based on the policy guidelines created by the NSWMC pursuant to Section 6(e) 
of this Act; 
(c) Implement and revise, when necessary, together with the DOH, existing 
guidelines issued pursuant to Republic Act No. 9003 on waste transport, pre-
operation, waste acceptance, waste storage, pre-processing of waste, quality 
control, operational control, pollution abatement, management of residue, 


11 
 
emissions monitoring, environmental monitoring, public health and safety 
monitoring, decommissioning, closure, and abandonment, among others, 
taking into account the NSWMC's standards, criteria, and guidelines under 
Section 6(c) of this Act and other relevant laws, rules, and regulations, and in 
consultation with relevant stakeholders; 
(d) Ensure compliance with Section 8(c) of this Act to include continuous 
monitoring and testing of by-products of WTE facilities; 
(e) Make available to the public, through its website, the emissions, effluents and 
other by-products of WTE facilities; 
(f) Investigate, motu proprio or upon complaint, reports of non-compliance of 
WTE facilities with the provisions of this Act and other relevant laws, rules, 
and regulations;  
(g) Exercise visitorial and enforcement powers to ensure strict compliance of WTE 
facilities with this Act, Republic Act No. 9003, Republic Act No. 8749, and other 
relevant laws, rules, and regulations; 
(h) Recommend to the NSWMC policies to address challenges of WTE facilities 
from a solid waste management perspective; and 
(i) Perform all other acts that are analogous to the foregoing, which are necessary 
and incidental to accomplish the policy objectives of this Act. 
 
SECTION 9. Role of the Department of Health. – In addition to its existing 
powers and functions, the DOH shall: 
(a) Ensure all WTE facilities undergo a Health Impact Assessment, pursuant 
to Republic Act No. 11223 and Presidential Decree No. 1586, as part of the 
Environmental Impact Assessment System, to be jointly reviewed and 
approved by the DOH and DENR prior to construction and operation; 
(b) Implement and revise, when necessary, together with DENR, existing 
guidelines Issued pursuant to Republic Act No. 9003 on waste transport, 
pre-operation, waste acceptance, waste storage, pre-processing of waste, 
quality control, operational control, pollution abatement, management of 
residue, emissions monitoring, environmental monitoring, public health 


12 
 
and safety monitoring, decommissioning, closure, and abandonment, 
among others, taking into account the NSWMC's standards, criteria, and 
guidelines under Section 6(c) of this Act and other relevant laws, rules, and 
regulations, and in consultation with relevant stakeholders; 
(c) Regularly conduct an analysis of the effects of WTE facilities and disposal 
sites on public health and submit the same to the NSWMC for 
consolidation, and DENR for proper action, if applicable; 
(d) Undertake research on the public health Impact of WTE facilities together 
with government agencies, the academe, and private stakeholders; 
(e) Make available to the public, through its website, studies and analyses of 
the effects of WTE facilities and disposal sites on public health; and 
(f) Perform all other acts that are analogous to the foregoing, which are 
necessary and incidental to accomplish the policy objectives of this Act. 
 
SECTION 10. Role of the Department of Science and Technology. – In 
addition to its existing powers and functions, the DOST shall: 
a. Provide the necessary knowledge, technical skills and guidance in the 
development and construction of a WTE facility by means of conducting 
seminars, lectures, and consultations; and 
b. Develop and share the best and the latest technologies for WTE. 
 
SECTION 11. Role of Local Government Units. - In addition to their powers, 
functions, and responsibilities under Republic Act No. 7160 otherwise known as the 
Local Government Code of 1991, and Republic Act No. 9003, LGUs shall: 
(a) In the case of a city or municipality and if applicable, be responsible for the 
hauling of WTE feedstock to a WTE facility; 
(b) In the case of a province and if applicable, provide necessary logistical and 
operational support for the processing of WTE feedstock in a WTE facility; 
(c) Include a WTE strategy, if feasible, in their respective Local Government 
Solid Waste Management Plans; 


13 
 
(d) Comply with the standards, criteria, and guidelines on WTE feedstock and 
WTE facilities pursuant to Sections 6(c), 8(c), and 9(b) of this Act, if 
applicable; and  
(e) Be authorized to enter into and shall comply with all obligations under the 
following: 
(i) 
Clustering arrangements with other LGUs for a common WTE 
facility, on their own or upon recommendation of the Provincial 
Solid Waste Management Board or the NSWMC: Provided, That the 
province shall have the power to cluster component cities and 
municipalities based on the NSWMC approved provincial and local 
solid waste management plans and the recommendation of the 
NSWMC pursuant to Section 6(g) of this Act, 
(ii) 
Long term contracts with WTE facilities, on their own or with 
clustered LGUs, and 
(iii) 
Public private partnerships pursuant to Republic Act No. 6957 
otherwise known as An 
Act Authorizing the Financing, 
Construction, Operation and Maintenance of Infrastructure Projects 
by the Private Sector, and For Other Purposes as amended, 
cooperative undertakings under Section 33 of Republic Act No. 7160, 
and other contractual arrangements provided for under existing 
laws, rules, regulations as well as the LGUs' respective charters for 
the establishment of WTE facilities: Provided, That WTE projects 
submitted to the Investment Coordinating Committee pursuant to 
Republic Act No. 6957, as amended, shall be acted upon within thirty 
(30) working days from submission: Provided further, That failure to 
act within the prescribed time frame shall deem such projects 
approved. 
The national government shall provide support to all LGUs towards the 
effective implementation and the achievement of the policy objectives of this Act. 
 


14 
 
SECTION 12. Role of the Provincial Solid Waste Management Board. – In 
addition to its powers and functions under Republic Act No. 9003, the Provincial Solid 
Waste Management Board shall: 
(a) Integrate a WTE strategy, if feasible, in the Provincial Solid Waste Management 
Plan taking into consideration the Local Government Solid Waste Management 
Plans of all its component cities and municipalities; 
(b) Recommend potential locations for WTE facilities in the Provincial Solid Waste 
Management Plan; 
(c) Identify and recommend, or direct pursuant to Section 10 of this Act, clustering 
of component cities and municipalities for a common WTE facility, based on 
the Local Government Solid Waste Management Plans of all its component 
cities and municipalities; 
(d) Provide the necessary logistical and operational support to component cities 
and municipalities who have the potential to be clustered, have decided to be 
clustered, or have been directed to be clustered pursuant to Section 10 of this 
Act, for a common WTE facility; 
(e) Coordinate the efforts and oversee the implementation of the clustering of 
component cities and municipalities for a common WTE facility; and 
(f) Coordinate with other Provincial, City, and Municipal Solid Waste 
Management Boards In Identifying possible inter- and intra- province 
clustering for a common WTE facility. 
 
SECTION 13. Role of the City or Municipal Solid Waste Management Board. - 
In addition to its powers and functions under Republic Act No. 9003, the City or 
Municipal Solid Waste Management Board shall integrate a WTE strategy, if feasible, 
in its Local Government Solid Waste Management Plan, and shall submit a copy 
thereof to the Provincial Solid Waste Management Board. 
 
SECTION 14. Permits and Licenses. - The procedure for the issuance of 
permits and licenses for all kinds of WTE facilities shall be governed by Republic Act 
No. 11234, otherwise known as the Energy Virtual One-Stop Shop Act. 


15 
 
 
SECTION 15. Prohibited Acts. – The following acts are prohibited:  
(a) For LGUs: 
(i) 
Failure to include, if feasible, and implement, if applicable, the WTE 
strategy in their respective Local Government Solid Waste 
Management Plans, and 
(ii) 
Failure to perform the responsibilities in Section 10 on the Role of 
Local Government Units, Section 11 on the Role of the Provincial 
Solid Waste Management Board, and Section 12 on the Role of the 
City or Municipal Solid Waste Management Board; 
(b) For government agencies, failure to perform the powers and functions 
indicated under Section 6 on the National Solid Waste Management 
Commission, Section 7 on the Role of the Department of Energy, Section 8 
on the Role of the Department of Environment and Natural Resources, and 
Section 9 on the Role of the Department of Health; and 
(c) For WTE facilities; 
(i) 
Failure to comply with the responsibilities in Section 5 on Waste-to-
Energy and Waste-to-Energy Facility, and 
(ii) 
Use of imported municipal solid waste as WTE feedstock for a WTE 
facility. 
 
SECTION 16. Penalties. - Without prejudice to civil and criminal liability, the 
following persons found to have violated the Sections mentioned below shall be 
meted with the following penalties: 
(a) Officials of LGUs and government agencies who violate Section 14(a): 
(i) 
First offense: six (6) months suspension, 
(ii) 
Second offense: Dismissal from service, perpetual disqualification 
from holding public office, and forfeiture of retirement benefits; 
(b) Officials of LGUs and government agencies who violate Section 14(b) shall 
be suffer dismissal from service, perpetual disqualification from holding 
public office, forfeiture of retirement benefits, and imprisonment for one 


16 
 
(1) to six (6) years with a fine of not less than Five hundred thousand pesos 
(P500,000.00) but not more than Two million pesos (P2,000,000.00);  
(c) Any person who violates Section 14(c)(i): 
(i) 
First offense: Fine of One million pesos (Pl,000,000.00) and an 
amount not less than ten percent (10%) but not more than fifteen 
percent (15%) of the net annual income during the previous year, 
(ii) 
Second offense: The same penalties as with the first offense including 
an additional penalty of imprisonment of a minimum period of one 
(1) year but not to exceed three (3) years, 
(iii) 
Third offense: The same penalties as with the second offense and 
permanent revocation of the license of the WTE facility; 
(d) Any person who violates Section 14(c)(ii) shall pay a fine of One million 
pesos (P1,000,000.00) and an amount of not less than ten percent (10%) but 
not more than fifteen percent (15%) of the net annual income during the 
previous year, and shall suffer imprisonment of a minimum period of one 
(1) year but not to exceed three (3) years and permanent revocation of the 
license of the WTE facility. The same person shall repatriate the imported 
municipal solid waste to its country of origin. 
For Section 14, if the violation is committed by a corporation, partnership, or other 
juridical entity duly recognized in accordance with the law, the chief executive officer, 
president, general manager, managing partner, or such other officer-in-charge shall 
be liable for the commission of the offense penalized under this Act. 
 
SECTION 17. Incentives. - WTE facilities, depending on their output, shall be 
entitled to avail of the incentives under Republic Act No. 9367 otherwise known as 
the Biofuels Act of 2006 and Republic Act No. 9513 otherwise known as the Renewable 
Energy Act of 2008. 
 
SECTION 18. Establishment of Dedicated Offices. - The DOE, DENR, DOH, 
Department of Science and Technology (DOST), and NSWMC shall establish 
dedicated offices for the effective implementation of this Act. The organizational 


17 
 
structure and staffing complement shall be determined by the Secretaries of DENR, 
DOE, DOST and DOH, in consultation with the Department of Budget and 
Management, and in accordance with existing civil service rules and regulations. The 
budgetary requirements necessary for the establishment of the dedicated offices shall 
be taken from the current appropriations of DOE, DENR, DOH and NSWMC. 
Thereafter, the funding for the dedicated offices shall be included in the annual 
General Appropriations Act. 
 
SECTION 19. Appropriations. - The amount equivalent to two percent (2%) of 
the annual appropriations for DOE, DOST, DENR, DOH, and NSWMC for the initial 
implementation of this Act shall be charged against their current year's appropriations 
respectively. Thereafter, such amounts necessary for the sustainable implementation 
of this Act shall be included in the Annual General Appropriations Act. 
 
SECTION 20. Congressional Oversight. - The Joint Congressional Energy 
Commission (JCEC), created under Republic Act No. 9136 and renamed under 
Republic Act No. 11285, shall exercise oversight powers over the implementation of 
this Act. The Chairpersons of the Committee on Environment and Natural Resources 
of the Senate and the House of Representatives shall be automatic members of the 
JCEC. 
 
SECTION 21. Implementing Rules and Regulations. - The DOE together with 
the DENR, in consultation with DOH, DOST, NSWMC, Department of Interior and 
Local Government, and public and private stakeholders, shall issue the implementing 
rules and regulations of this Act within ninety (90) calendar days upon its effectivity. 
 
SECTION 22. Amendatory Clause. - All laws, decrees, orders, rules, 
regulations, and other issuances inconsistent with the provisions of this Act are hereby 
deemed amended and modified accordingly. 
 


18 
 
SECTION 23. Separability Clause. - If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provisions not affected 
thereby shall remain in force and effect. 
 
SECTION 24. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, rule or regulation inconsistent with the 
provisions of this Act is hereby repealed or modified accordingly. 
 
SECTION 25. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its complete publication in the Official Gazette or a newspaper of general 
circulation. 
 
Approved,