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'WftCE OF TNt SH'3'1E -; "d'<h' 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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SEN1lJ~ 
S.No. 
~\)47 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 16 provides: 
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SEfl 28 11'1 :1:,1 
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. 
Every year, an estimated 500 billion to I trillion plastic bags are consumed worldwide. 
The Worldwatch Institute estimates that in the U.S. alone, an estimated 12,000,000 barrels of 
non-renewable petroleum oil are required to produce the 100 billion bags consumed annually.l 
Although plastic bags make up only a small percentage of all litter, the impact of these bags is 
nevertheless significant. Plastic bags create visual pollution problems and can have harmful 
effects on aquatic and terrestrial animals. Plastic bags are particularly noticeable components of 
the litter stream due to their size and can take a long time to fully break down? Plastic bags are 
made from a non-renewable natural resource: petroleum. Consequently, the manufacturing of 
plastic bags contributes to the diminishing availability of our natural resources and the damage to 
the environment from the extraction of petroleum. At the same time, plastics are hazardous to 
produce; the pollution from plastic production is harmful to the environment. Most plastic bags 
are made of polyethylene - more commonly known as polythene - they are hazardous to 
manufacture and are said to take up to 1,000 years to decompose on land and 450 years in water3 
Plastic bags and packaging account for a major part of our waste in landfills. More 
importantly, plastic bags are one of the top items of litter on our commnnity beaches, roads, 
1 http://planetgreen.discovery.com/home-gardenlplastic-bag-facts.html 
2 http://www.environment.gov.au/settlements/waste/plastic-bags/index.html 
3 http://news.bbc.co.uklllhi/ukl1974750.stm 
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sidewalks, and vegetation along with cigarette butts and Styrofoam. Plastic bags are light and 
hard to contain. Because of their light weight, plastic bags fly easily in wind, float along readily 
in the currents of rivers and oceans, get tangled up in trees, fences, poles, and so forth, and block 
the drainage4 Countless plastic bags end up in our ocean and cause harm to our marine wildlife. 
Many marine animals and birds mistakenly ingest plastic or become entangled and choke in 
plastic bags floating around. For instance, environmentalists have pointed out that turtles often 
mistake plastic bags for jellyfish and invariably swallow them. It is estimated 100,000 marine 
mammals die each year because of plastic litter in our ocean in the North Pacific.5 Land animals 
seem to be victims as well. In countries such as India, cows are mistakenly ingesting plastic bags 
on the streets as they are scavenging for food and end up choking or starving to death, as the 
plastic cannot be digested. 6 
, 
The international crisis, which plastic bags are creating, is indicated by the fact that most 
nations recognize the problem and are making strong attempts to eliminate the use and 
productions of plastic bags. Many countries in Europe and Asia are attempting to eradicate 
plastic bags. Some are banning plastic bags altogether while others are implementing a tax on 
plastic bags to decrease their use. In Bangladesh, plastic bags have been banned completely since 
early 2002. They were found to have been the main cUlprit during the 1988 and 1998 floods that 
submerged two-thirds of the country. Discarded bags were choking the drainage system7 In 
2001, Bombay council also eliminated the use of plastic bags to prevent them from littering the 
streets and clogging up the city's sewerage system. As a result, merchants have switched to 
recycled paper bags and litter in the city has been reduced considerably8 In Ireland, a tax on 
plastic bags was introduced. Essentially, each plastic bag handed out costs the consumer an extra 
15 cents. After the tax scheme began in March 2002, it is estimated the plastic bags available at 
stores have been decreased by 90%. 
4 http://news. bbc.co. ukll/hi/world/europeI1849302.stm 
5 www.algalita.org 
6 http://news.bbc.co.uk!lIhi/uldI974750.stm 
7 http://news.bbc.co.ukll/hi/uklI974750.strn 
8 http://news. bbc.co. ukil/hi/world/south _ asiall329600.stm 
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According to DENR data, more than 80 percent of the trash retrieved from the country's 
shorelines are made of non-biodegradable materials such as plastic and rubber. About half of 
plastic items thrown in bodies of water around the country were plastic bags.9 This Bill seeks to 
address the solid waste management problem caused by plastic bags. 
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9 http://www.gmanews.tv/storyI20 I 791/malls-to-charge-fee-for-plastic-bags-once-a-week 
3 


:lfr'J'", ff 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
."'fICE OF '1 Hi ;;CRtT\~¥ 
First Regular Session 
10 Sf" 28 1'1 :41 
-
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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TO REDUCE THE NUMBER OF PLASTIC BAGS USED IN SUPERMARKETS AND 
3 
CREATING THE PLASTIC BAG POLLUTION FUND 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress r:ssembled: 
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SECTION L Short Title, - This Act shall be known as the "Plastic Bag Use Disincentive 
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Act of2010," 
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SECTION 2, Declaration of Policy. - It is the policy of the State to afford full protection 
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to and the advancement of the right of the people to a healthful ecology in accord with the 
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rhythm and hanuony of nature, In this light, the State has adopted the Philippine Agenda 21 
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framework which espouses sustainable development to fulfill human needs while maintaining 
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the quality of the natural environment for current and future generations, 
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As a party to the United Nations Framework Convention on Climate Change, the State 
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adopts the ultimate objective of the Convention, which is the stabilization of greenhouse gas 
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concentrations in the atmosphere at a level that would prevent dangerous anthropogenic 
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interference with the climate system, This objective should be achieved within a time frame 
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sufficient to allow ecosystems to adapt naturally to climate change to ensure that food production 
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is not threatened and to enable economic development to proceed in a sustainable manner. 
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SECTION 3, Definition of Terms, - As used in this Act, the following tenus shall mean: 
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(a) "Green carryout bag" means a single-use carryout bag that is provided by a store to a 
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customer at the point of sale and meets all of the following requirements: 
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a, Is composed of at least 40 percent post-consumer recycled content materiaL 
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b. Is capable of composting within 180 days, as determined by the Department of 
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Environment and Natural Resources. 
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(b) "Green carryout bag" does not include a reusab'ie bag. 
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( c) "Manufacturer" means the producer of a single-use carryout bag sold to a store. 
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(d) "Operator" means a person in control of, or having daily responsibility for, the daily 
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operation of a store, which may include, but is not limited to, the owner of the store. 
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(e) "Paper carryout bag" means a paper carryout bag provided by a store to a customer at (he 
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point of sale that is not a reusable bag as defined in subdivision (g). 
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(f) "Plastic carryout bag" means a plastic carryout bag provided by a store to a customer at 
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the point of sale that is not a reusable bag as defined in subdivision (g). 
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(g) "Reusable bag" means either a bag made of cloth or other machine washable fabric that 
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has handles or a durable plastic bag with handles that is at least 2.25 mils thick and is specifically 
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designed and manufactured for multiple reuse. 
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(h) "Single-use carryout bag" means a carryout bag provided by the store to a customer at the 
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point of sale that is not a reusable bag as defined in subdivision (g), and includes biodegradable 
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or compostable bags. 
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(i) "Store" means a retail establishment that provides single-use carryout bags to its 
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customers as a result of the sale of a product and that meets any of the following requirements: 
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a. Is a "supermarket" or a large self-service retail market that sells food and 
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household goods that has over 1,000 square meters of retail space or 
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b. Is a chain of convenience food stores primarily engaged in retailing a limited line 
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of goods that includes milk, bread, soda, and snacks, with a to(al combined square 
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footage of 1,000 square meters or more in any part of the country. 
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(j) "Department" shall refer to the Department of Environment and Natural Resources. 
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SECTION 4. Charge/or the use a/plastic bags. - On and after I July 2011, a store shall 
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not provide a single-use carryout bag, including a green carryout bag, to a customer at the point 
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of sale, unless the store charges the customer not less than FIVE PESOS (P5.00) per bag 
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regardless of size. The amount charged pursuant to this section shall not be subject to sales tax, 
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shall be separately stated on the receipt provided to the customer at the time of sale, and shall be 
2 
identified as the Plastic Bag Pollution Cleanup Charge. 
3 
SECTION 5. Use of the amount collected. - A store charging a fee pursuant to this 
4 
section shall use the amount of the fee retained pursuant to this Act for all of the following: 
5 
(a) 
Reimbursement of the store's costs associated with the collection and remittance 
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of the fee. 
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(b) 
The development of in-store educational materials for distribution to customers 
encouraging the use of reusable bags. 
(c) 
The development and implementation of an educational campaign encouraging 
the use of reusable bags, including, but not limited to, public service announcements. 
(d) 
Reimbursement of the store's costs associated with providing reusable bags to 
customers or as donations to community organizations, nonprofit organizations, and other similar 
entities. 
(e) 
Reimbursement of the store's costs associated with the purchase of single-use 
carryout bags. 
SECTION 6. Plastic Bag Pollution Fund. -
(a) 
The Plastic Bag Pollution Fund is hereby established. All fees collected by the 
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Department pursuant to this Section shall be deposited in the fund. By 31 July 2011, and 
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quarterly thereafter, a store that collects the Plastic Bag Pollution Cleanup Charge shall calculate 
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the amount of funds collected and shall remit the same to the Department for deposit into the 
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Plastic Bag Pollution Fund, less funds retained by the store pursuant to Section 5 of this Act. 
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(b) 
The funds in the Plastic Bag Pollution Fund shall be used by the Department, 
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upon appropriation by the Legislature, for the following purposes: 
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a. Development and implementation of programs related to the use of single-use 
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carryout bags to encourage and support pollution prevention, abatement and 
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cleanup, enforcement, green chemistry, water quality protection and cleanup, 
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and environmental and public education and outreach. 
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b. To establish and maintain local programs, including those in partnership with 
29 
nonprofit community-based organizations, for purposes of litter cleanup 
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, 
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activities, source reduction and recycling efforts, educational and litter 
2 
prevention programs, and other programs to mitigate the environmental 
3 
impacts of single-use carryout bags. 
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c. Mitigation projects relating to storm water pollution, including devices to 
5 
prevent single-use carryout bag litter from entering storm drain systems. 
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d. Reusable bag giveaway programs, including those targeting low-income 
7 
residents. 
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e. The revenues deposited in the Plastic Bag Pollution Fund that are generated 
9 
from the fee imposed pursuant to this chapter shall not be used for activities 
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unrelated to the prevention or reduction of litter or the environmental impacts 
11 
of single-use carryout bags. 
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SECTION 7. Annual Report to Congress. - The Secretary shall submit a report within 
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one year from the implementation of this Act on the revenue generated and the proposed use of 
14 
the fund to be included in the general appropriations act in the following year. 
15 
SECTION 8. Implementing Rules and Regulations. - The Secretary shall prepare and 
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disseminate the Implementing Rules and Regulations of this Act two months before 1 July 2011. 
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SECTION 9. Separability Clause. - If any provision, or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
21 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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