FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHIL1PP"ES 
1 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 16, provides: 
The State shall protect and advance the right of the people to a balanced 
and healthful ecology in accord with the rhythni and harmony of nature. 
Electronic waste or e-waste is of concern largely due to the toxicity and carcinogenicity 
of some of the substances if processed improperly. Toxic substances in electronic waste may 
include lead, mercury, cadmium. Carcinogenic substances in electronic waste may include 
polychlorinated biphenyls (PCBs). A typical computer monitor may contain more than 6% lead 
by weight, much of which is in the lead glass of the CRT. Capacitors, transformers, PVC 
insulated wires, PVC coated components that were manufactured before 1977 often contain 
dangerous amounts of polychlorinated biphenyls. Up to thirty-eight separate chemical elements 
are incorporated into electronic waste items. The unsustainability o f  discarding electronics and 
computer technology is another reason for the need to recycle - or perhaps more practically, 
reuse - electronic waste. 
If treated properly, electronic waste is a valuable source for secondary raw materials. 
However, if not treated properly, it is a major source of toxins and carcinogens. Rapid 
technology change, low initial cost and even planned obsolescence have resulted in a fast 
growing problem around the globe. Technical solutions are available but in most cases a legal 
framework, a collection system, logistics and other services need to be implemented before a 
technical solution can be applied. Electronic waste represents 2 percent of America's trash in 
landfills, but it equals 70 percent of overall toxic waste. 
Uncontrolled burning, disassembly, and disposal are causing environmental and health 
problems, including occupational safety and health effects among those directly involved, due to 


the methods of processing the waste. Trade in electronic waste is controlled by the Base1 
Convention. 
This bill aims to remedy the e-waste coming from used or discarded computer equipment 
by making the manufacturers primarily liable for recycling or disposing them. 
DEFE 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
~ 
j I.,! 
, ’ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REQUIRING THE MANUFACTURERS OF COMPUTERS 
TO PROVIDE RECOVERY AND COLLECTION FACILITIES 
FOR THEIR PRODUCTS 
, 
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 “Computer Recovery and 
Collection Act of 2008.” 
SECTION 2. Purpose. -It is the purpose of this Act to - 
(A) protect the environment from the hazards of the improper disposal of obsolete 
computer equipment; 
(B) encourage the responsible sale and disposal of computer equipment; and 
(C) assist consumers in the recycling or disposal of their computer equipment. 
SECTION 3. Definition of Terms. -As used in this Act, the tern- 
(A) Brand - refers to the name, symbol, logo, trademark, or other information that 
identifies a product rather than the components of the product; 
(B) Computer equipment - refers to a desktop or notebook computer and includes a 
computer monitor or other display device that does not contain a tuner; 
(C) Consumer - refers to an individual who uses computer equipment that is primarily for 
personal or home business use; 
(D) Department - refers to the Department of Environment and Natural Resources; 
(E) Manufacturer - refers to a person: 
(1) Who manufactures or manufactured computer equipment under a brand that: 
a. The person owns or owned; or 
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b. The person is or was licensed to use, other than under a license to 
manufacture computer equipment for delivery exclusively to or at the order of the 
licensor; 
(2) Who sells or sold computer equipment manufactured by others under a brand that: 
a. The person owns or owned; or 
b. The person is or was licensed to use, other than under a license to 
manufacture computer equipment for delivery exclusively to or at the order of the 
licensor; 
(3) Who miuiufactures or manufactured computer equipment without affixing a 
brand; 
(4) Who manufactures or manufactured computer equipment to which the person 
affixes or affixed a brand that: 
a. The person does not or has not owned; or 
b. The person is not or was not licensed to use; or 
(5) Who imports or imported computer equipment manufactured outside the 
Philippines into the Philippines unless at the time of importation the company or licensee 
that sells or sold the computer equipment to the importer has or had assets or a presence 
in the Philippines sufficient to be considered as the manufacturer; 
(6) Television-refers 
to any telecommunication system device that can receive 
moving pictures and sound broadcast over a distance and includes a television tuner or a 
display device peripheral to a computer in which the display device contains a television 
tuner. 
SECTION 4. Exceptions. -This Act shall not apply to - 
(A) A television, or any part of a moving vehicle, a personal digital assistant, or a 
tklephone; 
(B) A consumer’s lease of computer equipment or a consumer’s use of computer 
equipment under a lease agreement; or 
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(C) The sale or lease of computer equipment to an entity when the manufacturer and the 
entity enter into a contract that effectively addresses the collection, recycling, and reuse of 
computer equipment that has reached the end of its useful life. 
SECTION 5. Requiuements. - 
(A) Before a manufacturer may offer computer equipment for sale, the manufacturer 
.
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shall- 
(1) Adopt and implement a recovery plan; 
(2) Submit a written copy of the recovery plan to the department; and 
(3) Affix a permanent, readily visible label to the computer equipment with the 
manufacturer’s brand. 
(B) The recovery plan shall enable a consumer to recycle computer equipment without 
paying a separate fee at the time of recycling and shall include provisions for: 
(1) The manufacturer’s collection from a consumer of any computer equipment 
that has reached the end of its useful life and is labeled with the manufacturer’s brand; 
and 
(2) Recycling or reuse of computer equipment collected under the recovery plan 
of this subsection. 
(C) The collection of computer equipment provided under the recovery plan shall be: 
(1) Reasonably convenient and available to consumers; and 
(2) Designed to meet the collection needs of consumers. 
SECTION 6. Standard Collection Methods. - The following collection methods shall, 
alone or combined meet the convenience requirements of this section include a system: 
(A)By which the manufacturer or the manufacturer’s designee offers the consumer the 
option for returning computer equipment by mail at no charge to the consumer; 
(B) Using a physical collection site that the manufacturer or the manufacturer’s designee 
keeps open and staffed and to which the consumer may return computer equipment; and 
(C)Using a collection event held by the manufacturer or the manufacturer’s designee at 
which the consumer may return computer equipment. 
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SECTION 7. Other Means of Compliance. - Collection services under this Act may use 
existing collection and consolidation infrastructure for handling computer equipment and may 
include systems jointly managed by a group of manufacturers, electronic recyclers and repair 
shops, recyclers of other commodities, reuse organizations, non-profit corporations, retailers, 
recyclers, and other suitable operations. If a manufacturer or its designee offers a mail-back 
system as described here, either individually or by working together with a group of 
manufacturers or by working with others, it shall be deemed to meet the convenience 
requirements of this section. 
SECTION 8. Information Requirement. - The recovery plan shall include information for 
the consumer on how and where to retuin the manufacturer’s computer equipment. The 
manufacturer: 
(A) Shall include collection, recycling and reuse information on the manufacturer’s 
publicly available Internet site; 
(B) Shall provide collection, recycling and reuse information to the department; and 
(C) May include collection, recycling and reuse information in the packaging for or in 
other materials that accompany the manufacturer’s computer equipment when the equipment is 
sold. 
SECTION 9. Information Requirement. -Each manufacturer shall submit a report to the 
department not later than January thirty first of each year that includes: 
(A)The weight of computer equipment collected, recycled and reused during the 
preceding calendar year; and 
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environmental management. 
(B) Documentation certifying that the collection, recycling and reuse of computer 
equipment during the preceding calendar year was conducted in conformity with sound 
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SECTION 10. Compliance by More Than One Manufacturer.-If 
more than one person 
is the manufacturer of a certain brand of computer equipment, any of those persons may assume 
responsibility for and satisfy the obligations of a manufacturer for that brand. If none of those 
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persons assumes responsibility or satisfies the obligations of a manufacturer, the department may 
consider any of those persons to be the responsible manufacturer for purposes of this Act. 
SECTION 11. Prohibition. - A person who is a retailer of computer equipment shall not 
sell or offer to sell new computer equipment unless the equipment is labeled With the 
manufacturer’s label and the manufacturer is included on the department’s list of manufacturers 
that have recovery plans. The department shall keep a database in its Internet site of the 
manufacturers that are on its list of manufacturers with recovery plans. 
SECTION 12. Auditing and Inspection Powers. - The department may conduct audits 
and inspections to determine compliance with this Act. 
SECTION 13. Penalties. - The department may assess a penalty against a manufacturer 
that does not label its computer equipment or adopt, implement or submit a recovery plan as 
required by this Act. No penalty shall be assessed for a first violation and the amount of the 
penalty shall not exceed fifty thousand pesos for the second violation or one hundred thousand 
pesos for each subsequent violation. 
SECTION 14. Computer Recycling Fund. - Any penalty collected under the preceding 
section shall be credited to the “Computer Recycling Fund,” which is hereby created and the 
money collected fkom this fund shall be used for the purpose of funding the administrative 
requirements of this Act. Any amount remaining at the end of every two years shall revert to the 
national treasury. 
SECTION 15. Recycling of Collected Equipment. - All computer equipment collected 
under this Act shall be recycled or reused in a manner that complies with the standards to be set 
by the department Secretary provided that its cost is reasonable and it is environmentally sound. 
SECTION 16. Separability Clause. - If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
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SECTION 17. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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Approved, 
SECTION 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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