Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session.

HLB.No. 9489

Introduced by HON. RODRIGO A. ABELLANOSA.

EXPLANATORY NOTE

Despite the passage of Republic Act No. 9003 or the “Ecological Solid Waste Management Act of
2000,” a 2015 report on plastic pollution entitled, “Stemming the Tide: Land-based strategies for
a plastic-free ocean” by the Ocean Conservancy charity and the McKinsey Centre for Business
and Environment still identified the Philippines as the third among five countries that contribute
more than half of the world’s land-based plastic-waste leakage, trailing behind only China and
Indonesia. With 2.7 million metric tons of plastic waste generated by the Philippines every year,
almost half'a million tons of plastic are carried into our oceans annually.'

Even the National Solid Waste Management Status Report of CY 2008-2018 issued by the
Environmental Management Bureau indicates that 10.55% of the total weight of solid wastes in
the country come from plastic waste.”

These statistics pose quite a cause for concen and are compounded by a fact that we are all aware
of: that plastic materials take up to thousands of years to finally decompose. This bill, therefore,
seeks to prohibit the production, importation, sale, provision, and use of single-use plastics to
address this growing problem of plastic waste proliferation, pursuant the policy of the State to
protect and advance the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature

There is no better time for all of us to look after our environment than right now. Let us take that
first step and ban single-use plastics.

In view of the foregoing, passage of this measure is earnestly sought.

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RODRIGO A. ABELLANOSA

+ https://oceanconservancy.. -content/uploads/2017/04/full-report-stemming-the.pdf
? https://emb.gov.ph/wp-content/uploads/2019/08/National-Solid-Waste-Management-Status-Report-2008-
2018.odf



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HLB.No. 5489

Introduced by HON. RODRIGO A. ABELLANOSA.

AN ACT
PROHIBITING THE PRODUCTION, IMPORTATION, SALE, PROVISION,
AND USE OF SINGLE-USE PLASTICS AND FOR OTHER PURPOSES

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

SECTION 1. Short title. — This Act shall be known as the “Ban on Single-Use Plastics Act.”

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

SEC. 3. Definition of terms. — For purposes of this Act:

(a) Single-Use Plastics refer to disposable plastics, which are used only once before they are
thrown away or recycled. The term includes, but shall not be limited to, disposable plastic
bags, straws, coffee stirrers, soda and water bottles and food and non-food plastic
packaging materials.

(b) Covered establishment refers to:
i. an establishment or cluster of establishments engaged in the production,
manufacturing and importation of single-use plastic materials; or
ii, an establishment or cluster of establishments engaged in the 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 and sari-sari stores.

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

(d) Operator refers to a person or group of persons in control of the ownership and daily
operation of a covered establishment and which may include, but not limited to, the owner
thereof.

SEC. 4. Ban on single-use plastics. — Within a period of three (3) years from the effectivity of
this Act, single-use plastics shall be gradually phased out. Thereafter, production, importation,
sale, distribution, provision or use of such plastic materials shall be prohibited and shall subject
the person(s) or the covered establishment(s), as well as its operator, concerned to penalties.


SEC. 5. Interim charge for the purchase and use of single-use plastics in covered
establishments. During the interim period of three (3) years, wherein the gradual phase-out of
single-use plastics shall take effect, covered establishments shall charge customers in the amount
of.

a) P20 for those who want to buy and use single-use plastic bags;

b) P10 for the purchase and use of single-use plastic food and non-food packaging
materials or containers, soda and water bottles; and

©) P5 for the purchase and use of single-use plastic utensils, such as straws, coffee stirrers,
spoon and fork

The implementing rules and regulations shall specify further the charge to be imposed, during the
interim period, for the purchase and use of single-use plastic items and materials which are not
mentioned in this Act.

Non-enforcement of these charges for the purchase and use of single-use plastics in covered
establishments shall be meted with penalties to be imposed against the responsible person(s) and
covered establishment(s), including its operator.

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

SEC. 7. Linkage mechanism. — The Department, in coordination with the Department of Trade
and Industry (DTI) and the National Solid Waste Management Commission (NSWMC), shall
consult, and enter into an agreement with concerned government agencies, local government units,
non-governmental organizations (NGOs), people’s organizations (POs) and/or private enterprises
in furtherance of the objectives of this Act.

SEC. 8. Role of Local Government Units (LGUs). —In the effort to ensure strict enforcement of
this Act, the LGUs shall have the primary responsibility to implement its provisions within their
respective territorial jurisdictions.

In connection with this duty, the LGUs may enjoin the participation of other concerned
government agencies, private organizations and industries.

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

SEC. 9. Penalty for violation of Section 4. — The violation of Section 4 of this Act shall be
penalized in the following manner:
(a) A fine not exceeding One hundred thousand pesos (P100,000.00) for the first offense;
(b) A fine of more than One hundred thousand pesos (P100,000.00) but not exceeding Two
hundred fifty thousand pesos (P250,000.00) for the second offense;
(©) A fine of more than Two hundred fifty thousand pesos (P250,000.00) but not exceeding,
Five hundred thousand pesos (P500,000.00) for the third offense; and
(4) A fine of more than five hundred thousand pesos (P500,000.00) but 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 covered establishments. For this purpose, the
Department shall establish such classification of covered establishments

For purposes of the imposition of appropriate fines hereof, the Department shall establish
classification of covered establishments based on their capitalization. Any fine collected pursuant
to this section shall be allocated as follows:


a) 80% to the barangay where the establishment is located, in order to augment its waste
management capability; and
b) 20% to the national government.

SEC. 10. Penalty for violation of Section 5. — The violation of Section 5 of this Act shall be
penalized in the following manner:
(a) A fine not exceeding one hundred thousand pesos (P100,000.00) for the first offense;
(b) A fine of more than one hundred thousand pesos (P100,000.00) but not exceeding one
hundred fifty thousand pesos (P 150,000.00) for the second offense;
(©) A fine of more than one hundred fifty thousand pesos (P150,000.00) but not exceeding
three hundred thousand pesos (P300,000.00) for the third offense; and
(d) A fine of more than three hundred thousand pesos (P300,000.00) but not exceeding five
hundred thousand pesos (P500,000,00) and automatic revocation of its business permit
for the fourth offense.

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

For purposes of the imposition of appropriate fines hereof, the Department shall establish
classification of covered establishments based on their capitalization. Any fine collected pursuant
to this section shall be allocated as follows:
a) 80% to the barangay where the establishment is located, in order to augment its waste
management capability; and
b) 20% to the national government.

SEC. 11. 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 this Act with respect to:
(a) Standards and limitations provided by this Act; or
() Such order, rule or regulation issued by the Department with respect to such standard
or limitation.

SEC. 12. 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. 13. Enforcement. ~ The enforcement of penal provisions of this Act shall be made through
the Department, in coordination with the Office of the Mayor of the LGU concerned.

SEC. 14, 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. 15. Implementing rules and regulations. — The DENR, in coordination with the DTI, the
NSWMG, other relevant government agencies and concerned non-governmental organizations
(NGOs) or people’s organizations (POs) or private enterprises, shall within three (3) months from
the effectivity of this Act, promulgate the implementing rules and regulations (IRR) governing this,
Act.

SEC. 16. 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. 17. Separability clause. — If, for any reason, any provision of this Act or part thereof is
declared unconstitutional, the other provisions or parts hereof not affected shall remain in full force
and effect.

SEC. 18. Repealing clause. — All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, which are inconsistent with the provisions of
this Act are hereby repealed or amended accordingly.

SEC. 19. 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,