REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3153

Introduced by Representative RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

In 2002, around 4 to 5 trillion plastic bags were produced globally. Out of these production, it
is estimated that 500 billion plastic bags are thrown worldwide every year. Rustan’s
Supermarkets, for example, distributed 5.5 million plastic bags every month before it
launched its Reusable Bag Program in July 2007 (Sunday Inquirer Magazine, October 19,
2008). Most of these bags end up in landfills or dumpsite, if not in the waterways or esteros.
Metro Manila generates around 5,637 tons of garbage that end up in dumpsites, Also, plastic
wastes in the sea was proven to harm about 267 species when they accidentally ingest them
or get entangled with the debris. It has even caused the death of two giraffes in Manila Zoo
when they accidentally ate these bags hanging on trees,

However, a plastic bag requires more than a thousand years to fully dissolve, Before it
disintegrates, a plastic bag may contaminate the soil, clog drainages and waterways or pose a
threat to wildlife. In the aftermath of Super typhoon Ondoy which devastated the country last
year and caused massive floodings in Metro Manila, the presence of ubiquitous plastic bags
clinging to tree branches or hanging by electric wires was a common sight which proved the
unchecked proliferation of this non-biodegradable packaging.

In 2001, Republic Act 9003, otherwise known as the “Ecological Solid Waste Management
Act,” was passed to deal with the country’s problem on garbage. Section 29 of the law
provides that the National Solid Waste Management Commission (NSWMC) shall, within a
year, prepare a list of non-enviromentally acceptable product or packaging (NEAP) to be
prohibited based on a schedule prepared by the Commission. Nine years from the enactment
of the law, however, the Commission has yet to come up with such a list.

Due to their deleterious effect to the environment, there is a need to regulate the use of plastic
bags to prevent their unnecessary proliferation especially in the most unlikely places. There
is also a need to influence the behaviour of consumers towards the prudent use of non-
environmentally acceptable packaging or products. Finally, there is a need to ensure that
business and industry will also be responsible for the retrieval of products or packaging that
they produce.

In view of the foregoing, the passage of this bill is eamestly sought.

[OND DEMOCRITO C, MENDOZA


ars)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

Sixteenth Congress
First Regular Session

HOUSE BILLNO. 3153

Introduced by REP. RAYMOND DEMOCRITO C. MENDOZA

“AN ACT REGULATING THE PRODUCTION, IMPORTATION,
SALE, USE, AND RECYCLING OF PLASTIC BAGS IN ALL
ESTABLISHMENTS IN THE COUNTRY”

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 “Plastic
Bag Regulation Act.”

Section 2. State Policy. The 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.”

Together with a more conscious effort on the part of the
government and the people to help our nation’s ecological balance by
recycling and segregating garbage, there is also a need to reduce the use

of plastic bags in the country.


Section 3. Definition of Terms. For the purpose of this Act:

(a) “Commercial Establishment” means establishments engaged
in commerce or sales of goods or services and include, but is not limited
to, market stores, shopping mall outlets, supermarkets, department stores,
groceries, convenience stores, food chains, restaurants, cafes, bars, sari-
sari stores and the like;

(b) “LGU” means the local government units;

(c) “Operator” means a person in control of, or having daily
responsibility for, the daily operation of a store, which may include, but is
not limited to, the owner of the store.

(d) “Plastic Bags” means polymer carrybag, provided or utilized
at the retail point of sale for carrying and transporting retail goods;

(e) “Store” means a retail establishment that has gross sales of
over One Hundred Thousand Pesos (P100,000.00) each month, and that
provides plastic bags to its consumers as a result of a sale of a product or

merchandise.

Section 4. Prohibited Acts. ‘The following acts are hereby
prohibited:

(a) For commercial establishments to produce, import, sell or
use plastic bags thinner than fifteen (15) microns;

(b) For stores not to establish an in-store recycling program that
will provide an opportunity for their customers to return to
the establishment plastic bags thicker than fifteen (15)
microns which originated from the store or from any store

ofa chain of five or more retail establishments;


(c) For commercial establishments not to require deposit from
their customers for the use of any plastic bag;

(d) For commercial establishments not to put the cost of the

deposit in the official receipt they provide the customers, should

customers avail of one;

SECTION 5. Phase-out period. - a gradual phase-out period of
five (5) years from the passage of this Act shall be provided prior to the
implementation of the law to enable commercial establishments to

deplete their inventory of plastic bags thinner than fifteen (15) microns.

Section 6. Lead Agencies. - The Department of Trade and
Industry (DTI), unless otherwise provided herein, shall be the primary
government agency responsible for the implementation and enforcement
of this Act.

Section 7. Linkage Mechanism. - The DTI, in coordination with
the NSWC, shall consult, and enter into agreement with other
government agencies, or with affected non-governmental organizations
(NGOs) or people’s organization (POs), or private enterprises in the

furtherance of the objectives of this Act.

Section 8. Role of Local Government Units - Local government
units (LGUs) shall have the primary responsibility in the effort to
decrease the percentage of plastic waste produced within their respective
territorial jurisdictions.

The DOST, in coordination with the National Ecology Center,
shall provide the LGUs with technical assistance, trainings and


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continuing capability-building programs to attain the objectives of this

Act.

Section 9. In-Store Recycling Program. — Within 60 days after the

effectivity of this Act, the operator of a store that provides plastic bags to

consumers as part of a purchase at retail shall establish an in-store

recycling program that will give their customers an opportunity to return

to the store the plastic bags they used. An in-store recycling program

provided by the operator of a commercial establishment shall include the

following:

(a)

(b)

(d)

(©)

A plastic bag provided by a commercial establishment shall
have printed or displayed in the bag, in a manner visible to the
consumer, the words “PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING;”

A plastic bag collection bin shall be placed at each store and
shall be visible, easily accessible to the costumer, and clearly
marked that the collection bin is available for the purpose of
collecting and recycling plastic bags;

All plastic bags collected by the store shall be collected,
transported, and recycled.

The store shall maintain records describing the collection,
transport, and recycling of plastic bags collected for a minimum
of three (3) years and shall make the records available to the
DTI or the local government unit concerned, upon request, to
demonstrate compliance with this Act;

The operator of the commercial establishment shall make

reusable bags available to consumers within the establishment,


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which may be purchased in lieu of paying a deposit for the use

of plastic bags.

Section 10. Administrative Action. - Without prejudice to the
right of any person to file an administrative action, the DTI 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 any of the provisions of this Act with
respect to:

(a) Standards and limitations provided by this Act; or

(b) Such order, rule or regulation issued by the DTI with respect to

such standard or limitation.

Section 11. 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.

Section 12. Fines and Penalties. -

(a) Violations of this Act shall be penalized in the following
manner: a fine of not exceeding One Hundred Thousand
Pesos (P100,000.00) for the first offense; a fine of not
exceeding Two Hundred Fifty Thousand Pesos
(P250.000.00) for the second offense; and a fine of not
exceeding Five Hundred Thousand Pesos (P500,000.00) for
the third offense. Should the violator be caught a fourth
time, the business permit shall be automatically revoked by
the LGU concerned.


(b) Any civil penalty collected pursuant to paragraph (a) of this
Section shall be paid to the local government of the local
government unit where the store is located. The penalties
collected pursuant to this Section shall go to the
Environment Protection Fund to be used by the local

government for the enforcement of this Act.

Section 13. Enforcement. - The enforcement of the penal
provision of this Act shall be made through the local DTI office, in
coordination with the Office of the Mayor of the LGU concerned.

Section 14. Appropriations. - An appropriation of Ten Million
Pesos (P10,000,000.00) shall be used to carry out the initial
implementation of this Act. ‘Thereafter, such sums as may be necessary
for its implementation shall be included in the annual General

Appropriations Act.

Section 15. Congressional Oversight Committee on the Plastic
Bag Regulation Act. - There is hereby created a Joint Congressional
Oversight Committee on Plastic Bag Regulation to oversee the
implementation of the Act and to review the implementing rules and
regulations promulgated by the DTI. The Oversight Committee shall be
composed of five (5) members each from the Senate and House of
Representatives to be designated by the Senate President and the Speaker
of the House of Representatives, respectively. The Oversight Committee -
shall be co-chaired by the Chairpersons of the Committee on the
Environment of the Senate and the Committee on Ecology of the House

of Representatives.


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Section 16. Implementing Rules and Regulations - The DTI, in
coordination with the Senate Committee on Environment and Natural
Resources, the House Committee on Ecology, NSWC, and other relevant
government agencies and organizations shall, within sixty (60) days from
the effectivity of this Act, submit the Implementing Rules and
Regulations (IRR) governing this Act.

Section 17. Separability Clause. - If, for any reason, any
provision of this Act or part thereof is declared unconstitutional or invalid
by a court of competent jurisdiction, the other provisions or parts thereof

not affected shall remain in full force and effect.

Section 18. Repealing Clause. - All laws, decrees, orders, rules
and regulations inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.
Section 19. Effectivity Clause, - This Act shall take effect after
fifteen (15) days following its publication in the Official Gazette or in

two (2) newspapers of general circulation.

Approved,