NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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SENATE
S.B. No. l329
of tijf -ft.irp
*22 SEP 19 P3 37
0 jV.
Introduced by SENATOR IMEE R. MARCOS
AN ACT
IMPOSING A TOTAL BAN ON THE IMPORTATION OF WASTE 
AND ITS BY-PRODUCTS OR RESIDUES, AND PROVIDING 
PENALTIES THEREFOR
EXPLANATORY NOTE
The 1987 Constitution mandates the State to protect and promote the right to 
health of the people, protect, and advance their right to a balanced and healthful 
ecology, and the promotion of general welfare.
However, recent reports show that the Philippines has become one of the 
dumping sites of foreign garbage, thereby threatening Filipinos' health and well-being. 
In previous years, China was the number one destination for waste recycling. China 
began importing secondary raw materials in the 1980s, eventually becoming the world's 
largest importer of waste. Finally, on 01 January 2018, it banned the importation of 
four (4) categories totaling twenty-four (24) types of solid waste including plastic, 
paper, and textiles through their"National Sword' Policy.
Following China's ban, other countries like Indonesia, Malaysia, India, Thailand, 
Vietnam, and Taiwan, among others, began to receive and "recycle" the world's waste. 
Citing environmental concerns, however, these Asian countries have also put-up 
measures to limit or entirely prohibit the importation of waste.
The Philippines has now become the most recent destination for waste coming 
from developed countries. Last 31 May 2019, 69 containers of Canadian waste, 
consisting of household trash, plastic bottles, and bags, newspapers, and used adult 
diapers, which arrived in the country between 2013 and 2014 were returned. In 2018, 
a total of 6,500 metric tons of garbage from South Korea were seized in Misamis 
Oriental.


still, more shipments of waste in other parts of the country, alternately marked 
as "recyclable scrafj' or Basic Oxygen Furnace (BOF) slags, have been reported. In 
August 2019, more than 11,000 metric tons of waste was imported from the 
United States (US). Another shipment of several containers of mixed trash from the 
US was recorded to have arrived in Subic in 2020. Some of said waste imports are legal 
- scrap metals for reprocessing, sorted scrap plastic, and recyclable electronic waste 
(or "e-wastd') but smuggled hazardous wastes were also detected.
In a March 2020 Report co-published by EcoWaste Coalition and Greenpeace, 
policy gaps which make illegal waste trade into the Philippines seem legitimate are 
identified as the main cause for the why illegal wastes continue to be shipped into the 
country. Similar regulatory loopholes also persist in Thailand and Malaysia, two of 
Southeast Asia's top plastic waste importing countries. Although hazardous waste is 
prohibited from entering the Philippines, trash marked "for recycling" is legal, opening 
up a loophoie that may allow the entry of illegal waste.
Besides the growing importation of waste, official records indicate that at least 
three (3) companies in Subic and Cagayan de Oro, run by foreigners and employing 
hundreds of their own nationals (!e. Chinese, Taiwanese, etc.), operate under the guise 
of "recycling". Therefore, apart from the apparent violation of customs and 
environmentai laws, the employment of foreigners by these companies, allegedly 
without working permits or other documentation, could also bring about violations of 
the immigration and internal revenue/tax laws and regulations. Neither can security 
concerns be avoided when a comprehensive directory of these legal or illegally working 
aliens has not been made available.
The Philippines has, to date, failed to undertake permanent action to end this 
detrimental practice. Thus, the immediate passage of this bill is sought.
e h
IMEE R. MARCOS


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No. 1329
of the - - etru'j)
•22 SEP 19 P3 37
RECEiVcO BY
Introduced by SENATOR IMEE R. MARCOS
AN ACT
IMPOSING A TOTAL BAN ON THE IMPORTATION OF WASTE 
AND ITS BY-PRODUCTS OR RESIDUES, AND PROVIDING 
PENALTIES THEREFOR
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. Short Title. -This Act shall be known as the, "Total Ban of Waste 
Importation Act."
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
impose a total ban on the importation of waste and its by-products or residues for the 
protection of the environment, preservation of the peoples' right to a balanced and 
healthful ecology, and the promotion of health and general welfare of the people.
SEC. 3. Total Ban on the Importation of Waste and its By-Products or Residues.
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_ jhe importation of all kinds of waste, as defined in Sec. 4 (b) of this Act, is hereby
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declared unlawful.
Importer registration and importation clearances issued by government agencies 
under existing laws and regulations shall be cancelled and no new applications shall be
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accepted.
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SEC. 4. Definition of Terms. - The following are defined in the Act, as:
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a. Importation. - Refers to the act of bringing in of waste, as defined in Sec. 4. 
(a) of this Act, from a foreign territory into Philippine territory and includes 
the entry, in transit, as well as the keeping or storage, and disposal of waste 
into the country, for whatever purpose.
b. Recycling Factory. - Refers to buildings and/or premises wherein or within 
an area of which, steam, water, or any mechanical power is used to move or 
work any machinery in preparing and converting waste 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.
c. Waste. - Refers to the following:
Scrap metals;
Metal tailings and other corrosive or toxic residue;
Plastic materials;
Electronic assemblies and scrap, including used or second-hand 
electrical and electronic equipment, and electronic components 
containing hazardous substances;
Solid plastic waste materials, including homogenous and sorted plastic 
materials;
Infectious wastes;
Used oil, including waste oil or oil residues;
Nuclear and radioactive wastes;
Fly ash from coal-fired power plants;
Incinerator ash or slag;
Municipal wastes/processed engineered fuel (PEF);
Refuse derived fuel (RDF);
Solid recovered fuel (SRF);
Neutralized phosphogypsum;
Other hazardous, toxic and hazardous wastes as defined under 
Republic Act No. 6969 otherwise known as Toxic Substances and 
Flazardous and Nuciear Waste Control Act;
Other solid waste, as defined under FRA 9003 or Ecological Solid 
Waste Management Act; and
Other similar waste, as may be defined by the Department of
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XVI.
XVII.
Environment (DENR).


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The DENR shall release a list of banned materials within thirty (30) days from 
the effectivity of this Act, which may be updated periodically. Provided that, the failure 
of the Secretary of DENR to promulgate the said list shall not prevent the 
implementation of this Act.
SEC. 5. Fines and Penaities. - Any person, natural or juridical, including 
recycling factories, who imports, brings into the Philippines, or misdeclares any 
waste covered by this Act, or assists in so doing, or shall receive, conceal, buy, 
sell, or in any manner facilitate the transportation, concealment, or sale of such 
after importation, or violates any other provision of this Act or the rules and 
regulations issued pursuant thereto, shall be penalized by imprisonment of not 
less than eight (8) years and one (1) day but not more than twelve (12) years, or 
a fine of not less than one million five hundred thousand pesos (P 1,500,000.00) 
but not more than fifteen million pesos (P15,000,000.00), or both.
If the offender is a foreigner, the offender shall be immediately deported 
after serving the sentence.
The maximum penalty shall be imposed if the offender is a public official 
or employee. Further, the offender shall be dismissed from service and 
disqualified from public office and from exercising the right to vote and to 
participate in any public election for ten (10) years.
The relevant penal provisions of environmental and customs law, including 
but not limited to Republic Act No. 6969 or the "Toxic Substances and Hazardous 
and Nuclear Wastes Control Act of 1990", Republic Act No. 10863 or the "Customs 
Modernization and Tariff Act", and Republic Act No. 8749 or the "Philippine Clean 
Air Act of 1999", shall also apply as penalties to violations of this Act.
SEC. 6. Additionai Liabilities. - The imported waste shall be shipped back 
to the port of origin, at the expense of the parties liable for such importation, 
within thirty (30) calendar days.
In addition, the penalty shall include confiscation and forfeiture, in favor of 
the government, of factory, including improvements thereon, equipment, as well 
as, proceeds from the commission of the offense. The shipper of the imported 
illegal waste cargo shall be permanently banned from shipping or causing the 
transport of any cargo into the Philippines.


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SEC. 7. Strict Enforcement and Implementation. - The DENR, together 
with the Bureau of Customs (BOC), shall ensure the enforcement and 
implementation of the provisions of this Act and a strict monitoring system of all 
importation shall be conducted to ensure that no waste is brought in the Philippine 
territory under misdeclarations or otherwise, in violation of this Act and R.A. No. 
10648, otherwise known as the "Customs Modernization and Tariff Act'.
SEC. 8. Appropriations. - The amount necessary to carry out the 
provisions of this Act shall be included in the annual General Appropriations Act 
(GAA).
SEC. 9. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the DENR, Department of Foreign Affairs (DFA), BOC, 
and Bureau of Immigration (BI) shall formulate and promulgate the necessary 
implementing rules and regulations of this Act.
SEC. 10. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or other issuances or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly.
SEC. 11. Separability Clause. - If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provision not affected 
thereby shall remain in force and effect.
SEC. 12. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication either in the Official Gazette or in a 
newspaper of general circulation in the Philippines.
Approved,