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FOURTEENTH CONGRESS OF THE 
lST 
REGULAR SESSION 
REPUBLIC OF THE PHILPPINES 
) 
INTRODUCED BY SENATOR ANTONIO “SONNY” F. TRILLANES IV 
EXPLANATORY NOTE 
The 1987 Constitution provides that, “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, and shall 
protect and promote the right to health of the people, and instill health consciousness among 
the.” Environmental awareness in the Philippines has increased in the past few years. However, 
awareness on the dangers posed by medical waste has not been given the attention it deserves. 
The facts on medical waste are chilling. About 40 tons of medical waste is generated per day in 
Metro Manila. 92% of the 64 government and private hospitals surveyed by the Presidential Task 
Force on Waste Management dispose of their general wastes trough the city or municipal rehse 
disposal system. Only 9.4% of the hospitals surveyed incinerate pathologcal wastes and only 
7.8% incinerate infectious waste. Radioactive waste are stored and allowed to decay by most of 
the hospitals surveyed. Chemical watts are disposed of into sinks or water closets or through 
hospital septic tanks and sewer lines. 
The dangers posed to our people’s health and environment by the unregulated management of 
medical waste is a real and ever present threat. Hospital incinerators can emit more dioxin and 
other hazardous pollutants than any other type of incinerator because of the type of waste they 
treat. Landfills, garbage dumps, and open pits attract scavengers, and medical wastes like 
syringes carelessly dumped therein can prick anyone of those scavengers. This could easily 
hasten the spread of the much dreaded AIDS disease, as well as other communicable diseases. 
This bill seeks to regulate medical wastes by empowering the Secretary of Health to establish 
acceptable standards for its management and disposal. It likewise strengthens the ability of the 
Department of Health in dealing with the issue of medical waste management, and imposes stiff 
penalties for the mindless disposal of dangerous medical waste. 
In view of the foregoing, urgent approval of this bill is earnestly requested. 
A h O h I O  “SONNY9’ F. TRILLANES IV 
Senator 
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SENATE 
S NO, 
INTRODUCED BY SENATOR ANTONIO “SONNY” F. TRILLANES N 
AN ACT 
DECLARING CERTAIN ACTS UNLAWFUL, PRESCRIBING PENALTIES THERETO, 
AND FOR OTHER PURPOSES 
PROVIDING FOR THE REGULATION AND DISPOSAL OF BIO-MEDICAL WASTES, 
Be in enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION I, Short Title. - This Act shall be known and referred to as the “Bio-Medical 
Waste Control Act. ” 
SEC. 2. Declaration of PoZicy. - It is hereby declared the policy of the State, in 
accordance with the mandate of the Constitution, to protect and advance the right of the people 
to a balanced and healthful ecology in accord with the rhythm and harmony of nature, and to 
promote the right to health of the people To this end, the State shall provide for a comprehensive 
progam for the management, collection, and disposal of bio-medical waste. 
SEC. 3. DejZnition of Terms. - For purposes of this Act: 
(a) “Medical waste” - shall refer to any solid waste which is generated in the 
diagnosis and treatment of human beings or animals, in research pertaining thereto, or 
in the production or testing of biologicals. The term shall include, but shall not be 
limited to, each ofthe following types of solid waste: 
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i. Cultures and stocks of infectious agents and associated biologicals, including 
cultures from medical and pathological laboratories, cultures and stocks of 
infectious agents from research and industrial laboratories, wastes from the 
production of biologicals, discarded live and attenuated vaccines, and culture 
dishes and devices used to transfer, inoculate, and mix cultures; 
ii. Pathological wastes, including tissues, organs, and body parts chat are 
removed during surgery or autopsy; 
iii. Waste human blood and products of blood, including, serum, plasma, and 
other blood components; 
iv. Sharps that have been used in patient care or in medical, research, or 
industrial laboratories, including hypodermic needles, syringes, Pasteur 
pipettes, broken glass, and scalpel blades; 
v. Contaminated animal carcasses, body parts, and bedding of animals that were 
exposed to infectious agents, during research, production of biologicals, or 
testing of pharmaceuticals; 
vi. Wastes from surgery or autopsy that were in contact with infectious agents, 
including soiled dressings, sponges, drapes, lavage tubes, drainage sets, 
enderpads, and surgical gloves; 
vii. Dialysis wastes that were in contact with the blood of patients undergoing 
hemodialysis, including contaminated disposable equipment and supplies such 
at) tubing, filters, disposable sheets, towels, gloves, aprons and laboratory 
coats; 
viii. Discarded medical equipment and parts that were in contact with infectious 
agents; 
ix. Laboratory wastes form medical, pathological, pharmaceutical, or other 
research, commercial or industrial laboratories that were in contact with 
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in€ectious agents, including slides and cover slips, disposable gloves, 
laboratory coats, and aprons; 
x. Biological waste and discarded materials contaminated with blood, excretion, 
exudates or secretion from human beings or animals which are isolated to 
protect others from communicable diseases; and 
xi. Such other waste materials that results fiom the administration of medical 
care to a patient by a health care provider and is found by the Department to 
pose a threat to human health or the environment. 
(b)"Department" - shall refer tot he Department of Health; 
(c) "Generator" - shall refer tot he hospital, clinic or other facility which produces 
medical waste; 
(d) "Secretary" - shall refer tot he Secretary of Health andor his duly authorized 
representatives. 
SEC. 4. Lead Agency. - The Department shall be responsible for the implementation and 
enforcement of the provisions of this Act. To this end, the Department, through the Secretary, 
shall have the following powers and functions: 
(a) Formulate and develop a comprehensive program for the management, collection 
ad disposal of bio-medical waste which all local government units have to comply 
with. The program shall include the establishment of standards regulating the 
generation and disposal of bio-medical waste which, in the judgment of the Secretary, 
is necessary to protect public health and welfare. In formulating the program, the 
secretary shall give emphasis to environmentally-sound, ecologically-safe, and cost- 
efficient methods; 
(b) Establish regional bio-medical waste treatment and disposal facilities or if it is 
more practicable, to develop a network of shared bio-medical waste treatment 
facilities and gradually phase out unsafe on-site disposal facilities in hospital grounds; 
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(c) Conduct a comprehensive Bio-Medical Waste Management (BMWM) study of all 
hospitals nationwide to properly appraise actual needs and problems, and to 
determine specific areas for improvement or technical assistance; 
(d) Develop a waste audit or assessment protocol for hospitals and other health 
facilities; 
(e) Require the implementation of an approved BMWM program as a condition for 
licensing of hospitals and other health facilities. For this purpose, the Department's 
hospital performance evaluation system shall include an assessment of the BMWM 
program; 
(f) Formulate, revise, and from time to time update, a Manual on biomedical waste 
management and distribute copies to all government and private hospital's, clinics, 
laboratories, research offices, pharmacies, funeral parlors and other institutions; 
(g) Monitor the disposal and transport of biomedical wastes; 
(h) Exercise visitorial and enforcement powers to ensure strict compliance with this 
Act; 
(i) Issue rules and regulations to effectively implement the provisions of this Act; and 
(i) Perform such other powers and functions necessary to achieve the objectives of 
this Act. 
SEC. 5. Role of Local Government Units. - All local government units shall, pursuant to 
national policies, the relevant provisions of the Local Government Code and subject to the 
review of the Department, enforce the provisions of this Act. 
The local government units shall design and submit to the Department their own BMWM 
plans that impose limitations and/or criteria on existing or potential generators within their 
jurisdiction boundaries. 
If the Department finds the local government unit procedures adequate, it shall 
recommend implementation of the plan: Provided, That the Department shall maintain its 
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authority to independently inspect the enforcement procedure adopted Provided, further, That 
the Department shall have the power to take over all parts of a local government program, if the 
local government unit concerned lacks the capability to carry out their plans, or if it fails to meet 
or fairly enforce the standards set by the Department. 
SEC. 6. Visitorial powers of the Secretary or his Duly Authorized Representatives. - 
The Secretary or his duly authorized representative shall have access to, and the right to copy 
therefrom, the records required to be maintained pursuant to the provisions of this Act. The 
Secretary or his duly authorized representative shall likewise have the right to enter the premises 
of any bio-medical waste generator, transporter, incinerator or such other disposal facility at any 
time of the day or night to question any employee or investigate any fact, condition or matter 
which may be necessary to determine any violation or which may aid in the effective 
enforcement of this Act and its implementing rules and regulations. 
SEC. I. Enforcement Powers of the Secretary. - The Secretary or his duly authorized 
representative shall have the power to order and administer, after due notice and hearing, 
compliance with the provisions of this Act and the implementing rules and regulations issued 
pursuant thereto. The Secretary may likewise order the suspension of operations of any generator 
when noncompliance with this Act or its implementing rules and regulations poses grave and 
imminent danger to the health and safety of the public. Within twenty-four (24) hours from the 
order of suspension, a hearing shall be conducted to determine whether the order suspending the 
operations of the generator shall be lifted or made permanent. 
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SEC. 8. Monitoring the Transport of Bio-Medical Waste. - The comprehensive program 
of the Department shall provide for the close monitoring of the transport of bio-medical waste 
from the generator to the disposal facility, including a mechanism which will provide the 
generator With assurance that the waste is actually received by said disposal facility: Provided, 
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That the bio-medical waste generated should be source-separated and contained in appropriately 
labeled containers to ensure protection from exposure to waste handlers and the public. 
SEC. 9. Relationship with other Government Agencies and NGOs. - in the 
implementation of this Act, the secretary may, as the need arises, call on any government agency 
for assistance in the form of personnel, facilities, and other resources. The Secretary may 
likewise deputize any law enforcement officer to render assistance in the enforcement of its 
directives or orders. 
The secretary may also enjoin non-governmental organizations (NGOs), academic 
institutions, aqd other private groups to actively participate in the implementation of this Act. 
SEC.lO. Injunction Prohibited - No inferior court or entity shall issue any temporary or 
permanent injunction or restraining order or otherwise assume jurisdiction over any case 
involving the enforcement orders issued by the Secretary in accordance with this Act. 
SEC. 11. Prohibited Acts. - The following Acts and omissions shall be considered 
unlawful: 
(a) Any person who knowingly violates the requirements of or regulations issued 
pursuant to this Act; 
(b) Any person who knowingly omits material information or makes any false 
material statement or representation in any record, report, or other document filed, 
maintained, or used for purposes of compliance with this Act or the implementing 
rules and regulates issued pursuant thereto; 
(c) Any person who knowingly generates, stores, transports, disposes of, or otherwise 
handles any biological waste in violation of the provisions of this Act and its 
implementing rules and regulations; 
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(d) Any person who knowingly destroys, alters, conceals, or fails to file any record, 
report, or other document required to be maintained or filed for purposes of 
compliance with this Act or the rules and regulations issued pursuant thereto; 
(e) Any person who obstructs, impedes, delays or otherwise renders ineffective the 
orders of the Secretary or his duly authorized representatives issued pursuant to 
the authority granted under this Act. 
SEC. 12. Penalty. - Any person who violates the provisions of this Act or its 
implementing rules and regulations shall, upon conviction, be punished with a fine of not less 
than Two hundred thousand pesos (P200,OOO.OO) but not more than Five hundred thousand 
pesos (P500,000.00) or imprisonment of not less than six (6) years but not more than ten (IO) 
years, or both, at the discretion of the Court. 
If the offense is committed by a corporation, partnership, or other judicial entity duly 
organized in accordance with law, the chief executive officer, president, general manager, 
managing partner or such other officer-in-charge of the business operations shall be liable for the 
commission of the offense penalized under this Act. 
If the offender is an alien, he shall, after service of the sentence prescribed above, be 
deported without further administrative proceedings. 
SEC. 13. Damages. - Any person who violates any of these provisions, or fails to comply 
with the provisions of this law or its implementing rules and regulations, or any order or decision 
of the Secretary or his duly authorized representative promulgated pursuant to this Act, thereby 
causing any harm, injury, illness or death to any person, andor damage to property shall, in 
addition to the penalties herein provided, be liable to pay the Government andor the person 
adversely affected actual or compensatory damages. 
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SEC. 14. Appropriatiosl. - Such amount as may be necessary for the effective 
implementation of this Act is hereby appropriated from the funds of the National Treasury not 
otherwise appropriated. Thereafter, such amount as may be necessary for its continued operation 
shall be included in the annual General Appropriation Act. 
SEC. 15. SeparabiZi@ Clause. - If for any reason any provision of this Act is declared 
unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force 
and effect. 
SEC. 16. Repealing Clause. - All laws, executive orders, presidential decrees, and rules 
and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed 
or modified accordingly. 
SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
at least two (2) newspapers of general circulation. 
Approved, 
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