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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL’No.__ 4037

Introduced by HON. MICHAEL M. MORDEN

EXPLANATORY NOTE

It has been years since Republic Act No. 9003 or the Ecological Solid Waste
Management Act of 2000 was signed into law. The law declares that it is the policy of
the State to adopt a systematic, comprehensive and ecological solid waste management
program that ensures the protection of public health and the environment and the proper
segregation, collection, transport. storage, treatment and disposal of solid waste through
the formulation and adoption of best environmental practices. However, even with the
enactment of the law, there is still a plastic pollution crisis that we are experiencing. In
fact the World Wide Fund for Nature (WWE) estimates that we could be ingesting 59
meg, of plastic a week due to plastic a week due to plastic pollution which is equivalent to
the weight of a plastic credit card.

The United Nations Environment Programme (UNEP) data shows that that the
Philippines contribute a large amount of plastic waste that end up in the ocean. In fact,
the Philippines is one of top five countries ( China, Thailand, Indonesia and Vietnam)
that produce plastic waste. The UNEP study reveals that 81 % of the 6,237,653 kg
(6,875.84 tons) of plastic waste per day in the Philippines is mismanaged while other
countries that generate significant amounts of plastic waste like Japan and the United
States have 0% mismanagement rating.

It is this mismanagement of plastic waste that greatly contributes to the plastic
pollution in our country especially the leakage of plastic pollution into our environment
in our seas. Nature is declining due to one of the environmental risks that our world is
experiencing, plastic waste, It also poses as one of the gravest threat to the global
economy and the longer we take action to address this, the more costly it will be in the
years to come. Only by reducing our plastic pollution can we avoid its large
environmental and socio-economic impact.

In view of this major environmental concernf the; approval of this bill is
earnestly sought.

REP. MICHAEL M. MORDEN


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

NINETEENTH CONGRESS
First Regular Session

House BILLNo. 4937

Introduced by HO! ICHAEL M. MORDEN

AN ACT
REGULATING THE MANUFACTURING, IMPORTATION AND USE OF SINGLEUSE
PLASTIC PRODUCTS, AND PROVIDING PENALTIES, LEVIES AND AN INCENTIVES
SYSTEM FOR INDUSTRIES, BUSINESS ENTERPRISES AND CONSUMERS THEREOF

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

SECTION 1. Title, - This Act shall be known as the "Single-Use Plastics Regulation
and Management Act of 2019.

SEC. 2. Declaration of Policy. - It is the policy of the State to protect and advance
the right of the people to a balanced and heaithful ecology in accord with the rhythm
and harmony of nature.

In this light, the State recognizes the importance of achieving the United
Nations(UN) Sustainable Development Goal (SDG) to ensure healthy lives and
promote well being for all at all ages, SDG to build resilient infrastructure, promote
inclusive and sustainable industrialization and foster innovation, SDG to build
sustainable cities and communities, SDG_ to promote responsible consumption and
production, and SDG to reduce marine pollution of all kinds. The State, being a party
to the Paris Agreement which was adopted in 2015, recognizes the importance of
adopting sustainable lifestyles and patterns of consumption and production in
addressing climate change.

The Philippine Development Plan 2017-2022 further outlines policies and
programs to achieve the SDGs, which is embodied under Chapter 20 - Ensuring
Ecological Integrity Clean and Healthy Environment, that aims to promote
sustainable consumption and production (SCP) through the development and
implementation of appropriate policies such as the formulation of a polluter pays
policy, establishment of an accessible market for recyclable and recycled products,
strengthening of the certification and establishment of information systems for green

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products and services, and strengthening promotion, development, transfer, and
adoption of eco-friendly technologies, systems, and practices in the public and
private sectors by increasing access to incentives and facilitating ease of doing
business and other related transactions

The State, in the enforcement of Republic Act No. 9003 or the Ecological
Solid Waste Management Act, further acknowledges the need to advance policies
that will not only address waste treatment and disposal, but also source reduction.

The State likewise recognizes the indispensable role of the private sector.
encourages private enterprise and provides incentives to needed investments, while
at the same time, acknowledging the need to develop a self-reliant and independent
national economy effectively controlled by Filipinos.

SEC. 3. Definition of Terms. - As used in this Act:

a) Business enterprises refer to establishments engaged in the production.
manufacturing, processing, repacking, assembly, or sale of goods and/ or services,
including service-oriented enterprises. It shall include retailers, self- employed or
‘own-account workers, micro, small, and medium enterprises (MSMEs) and
community based business enterprises:

b) Climate change refers to a change in climate that can be identified by changes in
the mean or variability of its properties and that persists for an extended period
typically decades or longer, whether due to natural variability or as a result of
human activi

) Consumer refers to a person who is a purchaser, lessee, recipient or prospective
purchaser, lessor or recipient of consumer produets, services or credit;

4) Disposal refers to the discharge, deposit, dumping, spilling, leaking or placing of
any waste into or on land:

¢) Incentives refers to incentives provided for under RA No. 9520 otherwise known
as the Philippine Cooperative Code of 2008. RA No. 9178 otherwise known as the
Barangay Micro-Business Enterprise Act of 2002, RA No. 9501 otherwise known
as the Magna Carta for Micro, Small, and Medium Enterprises, Executive Order
No. 226 otherwise known as the Omnibus Investment Code of 1987, RA No. 10771
otherwise known as the Green Jobs Act of 2016 or incentives as defined by the local
government unit through an ordinance specifically for this purpose, where
applicable:

f) Life Cycle Assessment refers to the process of evaluating the effects that a
product has on the environment over the entire period of its life cycle, which covers
all the processes required: extraction and processing; manufacture, transport and
distribution: use, reuse and maintenance: recycling; and final disposal:


8) Microplastics refer to small pieces of plastic found in the ocean, commonly
detined
as Smm in diameter, including particles as small as nanometers;

h) Plastic refers to lightweight, hygienic and resistant material which can be molded
in a variety of ways and utilized in a wide range of applications:

i) Recyclable material refers to any waste material retrieved from the waste stream
and free from contamination that can still be converted into suitable beneficial use
or for other purposes, including, but not limited to, newspaper, ferrous scrap metal,
non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office
paper, tin cans and other materials as may be determined by the National Solid
Waste Management Commission (NSWMC);

j) Recycled material refers to post-consumer material that has been recycled and
returned to the economy:

k) Recycling shall refer to the treating of used or waste materials through a process
of making them suitable for beneficial use and for other purposes, and includes any
process by which solid waste materials are transformed into new products in such a
manner that the original product may lose their identity, and which may be used as
raw materials for the production of other goods or services;

1) Retailer refers to a person engaged in the business of selling consumer products
directly to consumers:

m) Re-use refers to the process of recovering materials intended for the same or
different purposes without the alteration of physical and chemical characteristics;

n) Reusable material/plastics/packaging shall refer to any material specifically
designed and manufactured for multiple re-use and extended life. These shall meet
the following requirements/ considerations:

i, May be capable of composting and is biodegradable;

ii, Is accepted for recycling;

iii, Does not contain any toxic or harmful substance or chemical such as
but not limited to lead, cadmium, or any other heavy metal as
provided for by existing rules and regulations of the Department of
Environment and Natural Resources (DENR).

0) Single-use plastics, for the purpose of this Act, refer to disposable plastics which
are commonly used for plastic packaging and include items intended to be used only
once before they are thrown away or recycled. These include, but are not limited to,
items such as grocery bags, food packaging films and bags, manufacturing water


bottles, straws, stirrers, containers, styrofoam/ styros, cups, sachets and plastic
cutlery; and

p) Source reduction refers to the reduction of solid waste before it enters the solid
waste stream by methods such as product design, materials substitution, materials
re-use and packaging restrictions.

SEC. 4. Scope. This Act shall apply to the manufacture, importation, use, recycling
and disposal of all single-use plastics used in trade or commerce in business
enterprises, as well as by retailers and consumers, wherever located in the
Philippines, as defined under Section 3 of this Act.

SEC. 5. Prohibition and Phase-out of Single-use Plastics; Levy for the use in the
Interim Period and Discounts for Consumers. The phase-out of single-use
plastics by all business enterprises to consumers shall be in full force and effect one
(J) year from the effectivity of this Act

In the interim period (within 1 year). the following shall be enforced:

a) The provision of single-use plastics by food establishments, stores, markets and
retailers shall be strictly prohibited;

b) Consumers shall be encouraged’ diverted to use re-usable materials. in
substitution for single-use plastics;

¢) Single-use plastics already manufactured and in circulation in the general market
shall be collected, recycled, and properly disposed of by the manufacturers pursuant
10 the provisions of this Act;

d) For single-use plastic materials which cannot be avoided, business enterprises
must ensure that these are recycled in accordance with Section 7 of this Act;

e) For each piece of single-use plastics already manufactured and in circulation at
the time, the retailers shall charge the consumer a minimum levy of five pesos (Php
5.00);

f) The amount collected in subparagraph (¢) of this Section by the retailers shall be
reflected in the official receipt. Twenty percent (20%) of the said amount shall be
kept by the business enterprise to cover the cost of the said bags, while Eighty
percent (80%) shall be remitted monthly, quarterly, or semi-annually to the Special
Plastic Fund created under this Act.

At the end of one (1) year period, and upon full effectivity of this Act, the
farther and continued provision by all business enterprises and use by consumers of
single use plastics shall be strictly prohibited.


For take-outs and selling of food and beverages, a discount of five pesos (Php 5.00)
shall be given to the consumer for bringing their own re-usable/ recyclable
containers.

SEC. 6. Prohibition on the Importation of Single-use Plastics. - One (1) year
from the effectivity of this Act, the Department of Finance, through the Bureau of
Customs(BOC), in coordination with relevant agencies such as DENR. Department
of Trade and Industry (DTD), Department of Health (DOH) and the Climate Change
n (CCC), shall ensure that no single-use plastics, including waste
s from the same, will be imported to the country. Tariffs shall be
correspondingly imposed by the Tariff Commission and collected by the BOC,
which shall be further specified in the Implementing Rules and Regulations of this
Act.

SEC. 7. Recycling of used Single-use Plastics. Used single-use plastics, when
allowed by this Act or those manufactured or used before Acts effectivity, shall be
recycled. It shall be the duty of the plastic manufacturers to recycle the said single-
use plastics in a manner consistent with existing laws, rules and regulations, and
ensuring that no harmful chemicals or substances are released to the environment.

The establishment of Materials Recovery Facility (MREs), which shall be
obligatory upon the business enterprises, shall serve as the collection points for
used single-use plastics. LGUs, plastic manufacturers and business enterprises shall
put systems and procedures in place for the proper collection of the used single-use
plastics and its delivery to the recycling centers.

It shall be the responsibility of the manufacturers that these plastics are
properly collected, recycled, and disposed of, in accordance with this Act.

Manufacturers shall also. maintain records describing the recovery,
collection, transport, recycling of plastic bags collected annually and shall make the
records available to the National Solid Waste Management Commission (NSWMC)
and/or the local government unit concemed, upon request, to demonstrate
compliance with this Act.

SEC. 8. Proper Disposal and Management of Plastic Wastes. The disposal and
management of plastic waste shall be done in accordance with the provisions of
Republic Act No. 9003.

The DENR, in coordination with the DOST, shall develop the appropriate
standards 7 for the disposal of plastic wastes, ensuring that zero emissions are
achieved and no harmful chemicals are released to the environment in the process.



SEC. 9. Research and Development (R&D) for Single-use Plastic Packaging
Alternatives. - The Department of Science and Technology (DOST) and NSWMC
shall include in their respective programs and R&D Agenda, and consequently, fund
research 12 on single-use plastic packaging alternatives. Alternatives may include,
but shall not be 13 limited to the following:

a) Natural polymers

b) Biomass-based compostable bio-polymers (i.e. starch, non-starch thermoplastic
bio-composite, synthetic biomass-based polymers)

c) Upeyeling
4) Fiber production
©) Life cycle assessment

f) Feasibility studies (i.e. willingness to pay, levies, tax, discount,
disincentives/incentives, recommended rates)

‘The NSWMC and DOST shall also provide assistance to DENR and the
manufacturers for the implementation of this Act, particularly as regards the proper
recycling and disposal of used single-use plastics, and developing more
environmentally friendly types of plastics used as primary packaging materials,
among others.

‘The DTI, Technical Education and Skills Development Authority (TESDA),
Department of Labor and Employment (DOLE) and the Presidential
Communications Operations Office (PCOO), in coordination with plastic
manofacturers/ industries, non-government and civil society organizations, and
other concerned stakeholders, shall conduct studies within six (6) months upon the
effectivity of this Act to determine the impact of this Act on affected plastic
industry employees and workers. They shall likewise, together with DOST and the
National Ecology Center (NEC), develop a capacity-building program for
alternative livelihood opportunities for the affected employees and workers in areas
such as recycling of used plastic products and cottage industries, among others.

SEC. 10. Program for Affected Employees and Workers of the Plastic Industry.
Within six (6) months form the effectivity of this Act, massive research and
technology development initiatives, pilot-testing of innovations and technologies
resulting from these studies, and capacity-building activities shall be undertaken
with plastic manufacturing industries and business enterprises for them to adopt
these technologies. DOST, NEC, DTI, DOLE and TESDA shall implement the
capacity-building program to relevant stakeholders. DOST, in coordination with the


NEC, shall provide the LGUs with technical assistance, trainings, and continuing
capacity-building programs to attain the objectives of this Act.

SEC. 11. Inclusion in the Philippine National Standards (PNS). - The NSWMC,
DOST, and DTI through the Bureau of Product Standards (BPS), shall develop the
standards and include in the Philippine National Standards (PNS) the products.
items or technologies resulting from studies which were pilot-tested. [t shall include
the specifications of the said products, taking into consideration existing and
available best technologies and internationally mandated and accepted standards,
and in accordance with the provisions, mandates and standards of this Act.

SEC. 12. Incentives for the Plastic Industries Shifting to Alternatives. - The
manufacture of alternatives to single-use plastics under Section 9 of this Act shail be
supported and encouraged.

Business enterprises, individuals, cooperatives. partnerships. and
corporations which engage in the manufacture of identified alternatives to single
use plastics shall be given incentives provided for under the Philippine Cooperative
Code of 2008, the Barangay Micro-Business Enterprise Act of 2002, the Magna
Carta for Micro, Small, and Medium Enterprises, the Omnibus Investment Code of
1987 or the Green Jobs Act of 2016, where applicable. The DENR and DTI, in
coordination with the Department of Finance (DOF), shall provide technical and
financial assistance to these manufacturers.

LGUs are encouraged and shall be allowed to provide additional benefits
and incentives to these manufacturers within their jurisdiction, consistent with
existing laws, rules and regulations, which shall be in addition to the benefits and
incentives provided for in the previous paragraph.

Nothing in this Act shall prohibit or limit the right of the said manufacturers
to be entitled to additional benefits and incentives which may be given by new
laws, rules, and regulations in the future.

SEC. 13. Monitoring and Market Inspeetion. - The NSWMC and DTI, in
coordination with the LGUs, and local law enforcement agencies, shall conduct
regular inspection and monitoring of business enterprises and facilities of
manufacturers to determine compliance with this Act. Inspection and monitoring
shall include the following:

a) Enter of access to the premises of operation and business, including storage
rooms and stockrooms:

b) Inspect off-site storage facilities, distribution centers and transhipment points.


SEC. 14, Certification, The LGUs concerned, after the conduct of a thorough 25
examination and inspection, shall issue the necessary certificate to show whether or
not 26 business enterprises or manufacturers in their jurisdiction are compliant with
the mandates and directives of this Act

‘The LGU certification shall be a requirement for the renewal of any local
permits, in addition to the DILG-DTI-DICT Joint Memorandum Circular No. 1, s.
2016, after the effectivity of this Act.

SEC. 15. NSWMC as the Lead Implementing Agency and Other Functions. —
The NSWMC created pursuant to Section 4 of RA 9003 shall be the lead
implementing agency for this Act. It shall aid and assist other agencies involved in
the implementation and enforcement of this Act. It shall perform the following
functions:

a) Prepare the national strategic single-use plastic roadmap;

b) Lead the R&D agenda preparation, conduct of researches and pilot-testing
of identified alternatives, with DOST:

c) Lead in the development of standards for inclusion in the Philippine
National Standards (PNS) of the products, items or technologies resul
from studies which were pilot-tested, in coordination with DT] and DOST

d) Review and monitor the implementation of the Act; which includes

i, Monitoring local-level enforcement through the compilation of local-
level ordinances on single-use plastics:

ii. Conducting regular and routine inspections and monitoring of
business enterprises and facilities of manufacturers as prescribed
under Section 12 of this Act:

€) Adopt a program to provide technical and other capability building
assistance and support to local government units. business enterprises.
concerned. citizen groups and other relevant stakeholders in the
implementation and enforcement of this Act,

1) Manage the Special Plastics Fund established under Section 21 of this
Act;

2) Develop safety nets and alternative livelihood programs for business
enterprises, plastic manufacturers, small recyclers and other sectors that will
be affected as a result of the single-use phase out.


SEC. 16. Role of Local Government units, and Other Stakeholders. - LGUs
shall have the primary responsibility in the effort to decrease the percentage of
plastic bag waste produced within their respcetive jurisdiction. They shall also be
primarily responsible for the enforcement of the prohibitions of this Act and the
monitoring of the collection of recyclable used plastic bags by manufacturers.

Other stakeholders such as business groups, consumer groups and civil
society organizations are encouraged to support the implementation of this Act.

SEC. 17. Effect of LGU Ordinances Effective Before or After Effectivity of this
Act. - LGU ordinances imposing bans and prohibitions on the use of plastic bags.
promulgated and enforced prior to the effectivity of this Act, shall be considered as
automatically amended in line with the provisions and mandates of this Act.

LGUs that do not have ordinances enacted upon the effectivity of this Act
are also encouraged to enact their respective ordinances in line with the provisions
and mandates of this Act.

The provisions, mandates, and directives of this Act shall serve as minimum
standards and stipulations for LGU ordinances. Nothing in this Act shall be
construed as limiting the authority of LGUs to enact ordinances which provide for
stricter measures and standards than those provided for in this Act.

SEC. 18. Public Information and Education Campaign. - The DENR, in
coordination with the LGUs, DILG, DepEd, Commission on Higher Education
(CHED). PCOO, and Philippine Information Agency (PIA), shall conduct a
continuing information and education campaign on the proper regulation of single-
use plasties in the country. Such campaign shall be incorporated in and shall be in
addition to the public information and education campaign under Section 55 of RA
No. 9003

SEC. 19. Penalties and Sanctions. Violations of this Act, starting the first year
from the effectivity and as fully provided for under Scction 3 of this Act. shall be
imposed the following penalties:

a) For Business Enterprises, Micro, Small and Medium Enterprises as defined in
RA 6977, as amended, Barangay Micro Business Enterprises under RA 9178,
and all other enterprises and establishments not otherwise value-added 4 tax
(VAT) registered, the following penalties shall be imposed:

i, First offense — A fine of five thousand pesos (Php5,000.00);

ii. Second offense — A fine of twenty five thousand pesos (Php 25,000.00) and
suspension of its business permit for three (3) months;

10


iii. Third offense — A fine of fifty thousand pesos (Php50.000.00) and

suspension of its business permit for one (1) year; and

iv. Fourth offense ~ A fine of one hundred thousand pesos (Php100,000.00) and
permanent suspension of its business permit. ‘The said business permit shall
not be eligible for renewed application for a period of 5 years. Thereafter.
the LGU concerned may grant the said store with a business permit,
provided its operator can show steps and measures will be put in place to
comply with this Act. A further violation after the issuance of a new
business permit shall perpetually bar the said operator from conducting its

business in the LGU concemed.

b) For VAT registered stores, establishments, and enterprises, and for all plastic

manufacturers found violating this Act the following penalties shall be imposed:

i, First offense - A fine of fifty thousand pesos (Php 50,000.00);

ii. Second offense- A fine of one hundred thousand pesos (Php 100,000.00) and

suspension of its business permit for three (3) months;

iii, Third offense -A fine of two hundred fifty thousand pesos (Php 250,000.00)

and suspension of its business permit for one (1) year: and

iii Fourth offense - A fine of five hundred thousand pesos
(Php500,000.00) and permanent suspension for its business permit
The said business permit shall not be eligible for renewed
application for a period of 5 years. Thereafter. the LGU concerned
may grant the said store with a business permit, provided its
operator can show steps and measures will be put in place to
comply with this Act. A further violation afier the issuance of a
new business permit shall perpetually bar the said operator from
conducting it business in the LGUs concerned

If the offenders in (a) or (b) above is a corporation, trust or firm.
partnership, association or any other entity. the penalty shall be imposed
‘on the entity's responsible officers including, but not limited to, the
president, chief executive officer, general manager, managing director or
partner directly responsible thereof.

SEC. 20. Administrative Sanctions. - Local government officials of
government agencies who fail to comply with and enforce this Act shall
be administratively charged 19 in accordance with RA 7160 and other
existing laws, rules and regulations.



SEC. 21. Special Fund for Single-use Plastics Regulation. - A Special Fund for
Single-use Plastics Regulation (herein referred to as the Fund), to be administered
by the NSWMC, is hereby created, to be composed of tariffs, levies, fees, and fines
collected pursuant to the implementation and enforcement of this Act.

‘The Fund shall be used to support the strict implementation and enforcement of
this Act as, but not limited to, the following:

a) Strengthen the operations of the NSWMC relative to the implementation and
enforcement of this Act;

b) Improve the capacity of LGUs, and local law enforcement agencies for the
implementation of this Act;

c) Establish recyeling centers or re-modelled business enterprise that exhibits best
practices (as no single-use zones) in each region or province:

d) Conduct an impact evaluation studies relevant to the implementation of the Act,
especially on areas of economic contributions, environmental and public health
(through the Department of Health);

€) Conduct of information and education campaigns on single-use plastics
regulation and related environmental awareness measures;

f) Assistance and provision of incentives for manufacturers and community based
initiatives for the production of single-use plastics, as well as for
nongovernment and civil society organizations promoting proper solid waste
management; and

2) Additional provisions for the Solid Waste Management Fund under RA 9003.
The Fund may be augmented by donations, endowments, grants and
contributions, which shall be exempt from donor's tax and be considered as
allowable deductions from the gross income of the donor, in accordance with the
provisions of the National Internal Revenue Code of 1997, as amended.

SEC. 22. Access to Information/Public Disclosure Requirements, Public Access
to Records, Reports or Notification. - The public shall have access to records,
reports, or information concerning the implementation and mandates of this Act.

Such documents shall be available for inspection or reproduction during
regular business hours: provided that the DENR or concerned LGU may consider a
record, report or information or particular portions thereof confidential and not for
public release when such would divulge trade secrets, production or sales figures or
methods, production or processes unique to such manufacturer, seller, or

12


distributor, or would otherwise tend to affect adversely the competitive position of
such manufacturer, seller, or distributor.

SEC 23. Citizens Suit. For the purposes of enforcing the provisions of this Act or
its implementing rules and regulations, any citizen may file an appropriate civil.
criminal. or administrative action in the proper courts/ bodies against:

a) Any person who violates or fails to comply with the provisions of this Act 5
and its implementing rules and regulations; or

b) ‘The department or other imptementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; and/ or

©) Any public officer who willfully or grossly neglects the performance of an
act specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses his authority in the performance of his duty; or. in any
manner improperly performs his duties under this act or its implementing rules
and regulations; Provided, however, that no suit can be filed until after a thirty
(30) day notice has been given to the public officer and the alleged violator
concerned and no appropriate action has been taken thereon.

‘The court shall exempt such action from the payment of filing fees and
statements likewise, upon prima facic showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an injunction bond for the
issuance of preliminary injunction.

In the event that the citizen should prevail, the court shall award reasonable
attorney's fees, moral damages and litigation costs as appropriate.

SEC. 24. Suits and Strategic Legal Action against Public Participation
(SLAPP). Where a suit is brought against a person who filed an action as provided in
Section 22 of this Act, or against any person, institution or government agency that
implements this Act or any other consumer related laws, rules, and regulations, it shall
be the duty of the investigating prosecutor or the court, as the case may be, to
immediately make a determination within not exceeding thirty (30) days whether said
legal action has been filed 10 harass, vex, exert unduc pressure or stifle such legal
recourses of the person 1 complaining or enforce the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall dismiss the case
and award the attorney's fees and 3 double damages.

This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity. there being no grave abuse of authority, and done
in the course of enforcing this Act, its rules, regulations and guidelines.

13


SEC. 25. Appropriations. — Such amount as may be necessary to implement the
provisions of this Act is hereby included in the annual appropriations of the DENR and
other implementing agencies under the General Appropriations Act (CAA).

SEC. 26. Congressional Oversight Committee. The Joint Congressional Oversight
Committee created under Section 60 of RA No. 9003 shall also have the power to
monitor and evaluate the implementation of this Act.

SEC. 27. Implementing Rules and Regulations. -The NSWMC, DENR, in
coordination with the DTI, DILG, CCC and concemed government agencies and
representatives of LGU organizations shall issue Implementing Rules and Regulations
within one hundred (100) days afier the effectivity of this Act. The said IRR shall
specify and provide detailed provisions of this Act that needs further clarity in terms of
scope. coverage and definitions.

SEC. 28. Construction. The best interests of the consumer and the right to a 20
healthful and balanced ecology shall be considered in the construction and
interpretation 21 of this Act and its IRR.

SEC. 29. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in
full force and effect.

SEC. 30. Repealing Clause. - Ail laws, executive orders, administrative orders, and
rules and regulations inconsistent with this Act are hereby repealed or amended
accordingly.

SEC. 31. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,