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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

38590

House Bill No.
Introduced by AKBAYAN Representative Tomasito 8, Villarin

EXPLANATORY NOTE

No less than the 1987 Philippine Constitution, in its Declaration of Principles
and State Policies, particularly in Section 16 of Article [1, mandates 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.

One of the laws passed to implement this Constitutional mandate is Republic
Act No. 9003, otherwise known as the “Ecological Solid Waste Management
Act of 2000." It sought the adoption of a systematic, comprehensive and
ecologically sound solid waste management program which shall, among
's, utilize environmentally-sound methods that maximize the utilization.
o! valuable resources and encourage resource conservation and recovery, and
si guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures.

othe!

Livery person hving in Metro Manila generates half a kilo of solid waste a day,
anslating to almost 1.95 million metric tons of solid waste per year. This
lumber would dramatically increase during election campaign periods, when

candidates for elective positions go into intensive information drives by

thsiributing pamphlets, leaflets, cards, decals, stickers, letters, posters,

Slicamers, aud other election propaganda materials. As the amount of solid

waste continues to increase, so does environment degradation.

‘The increased production of election campaign materials brings about an
increase in the Use of materials that are scientifically proven to be hazardous.
to Human health and to the environment, Tarpaulins used for streamers, for
example, are coated and printed with substances containing cadmium, a
carcinogenic clement. Ballers given out to campaign volunteers do not only
contain cadmium, these ballers are produced using lead, a substance whic!
has peoven neurotoxicity to humans. Needless to say, cadmium and lead are
considered as “major public health concerns” by the World Health
Organziation

A law which makes the use of biodegradable and environment-friendly
materials mandatory in the production of election propaganda materials will



(1) minimize the effects of producing tons of election propaganda materials
and (2) eliminate the use of hazardous substances in producing the materials

This measure was already proposed by representatives of Akbayan during the
16'" Congres In view of the foregoing, the passage of this bill is earnestly
sought a

eet

TOMASITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3590

House Bill No.
Introduced by AKBAYAN Representative Tomasito 8. Villarin

AN ACT
ENFORCING THE STRICTER USE OF BIODEGRADABLE AND
NON-HAZARDOUS ELECTION PROPAGANDA MATERIALS,
AMENDING FOR THAT PURPOSE REPUBLIC ACT NO. 9006,
OTHERWISE KNOWN AS THE “FAIR ELECTIONS ACT”, AND
BATAS PAMBANSA BILANG 881, OTHREWISE KNOWN AS
THE “OMNIBUS ELECTION OF THE PHILIPPINES”, AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Title. - This Act
Hazardous

hall be known as the “Biodegradable and Non-
tion Propaganda Materials Act of 2016.”

SECTION 2. Definition of Terms. ~ As used in this Act

(a) “Biodegradable material” refers to waste material composed
primarily of naturally-occurring constituent parts, able to be
broken down and absorbed into the ecosystem.

(b) “Hazardous substances” are substances which present
either

(1) Short-term acute ha such as acute toxicity by
ingestion, inhalation or skin absorption, corrosivity or other
skin or eye contact hazards or the risk of fire or explosion; or

(2) Long-term environmental hazards, including chronic
toxicity upon repeated exposure, carcinogenicity (which may in
some cases result from acute exposure but with a long latent
period), resistance to detoxification process such as
biodegradation, the potential to pollute underground or
surface waters, or aesthically objectionable properties such as
offensive odors.



(c)_ “Recycled material” shall refer to post-consumer material
that has been recycled and returned to the economy.

(d) “Re-use” shall refer to the process of recovering materials
intended for the same or difference purpose without the alteration
of physical or chemical properti

fe) “Solid waste” shall refer to all discarded household,
commercial waste, non-hazardous institutional and industrial
waste, Street sweepings, construction debris, agricultural waste,
and other non-hazardous or non-toxic solid waste.

SECTION 3. Section 3 of Republic Act No. 9006, otherwise known as the “Fair
Hections Act,” and Section 82 of Batas Pambansa Bilang 881, otherwise
known as the “Omnibus Election Code of the Philippines,” defining lawful
election propaganda are hereby amended to read as follows:

“Section 3. Lawful Election Propaganda, ~ Election propaganda, whether on
iclevision or cable television, radio, and newspaper, or any other medium, is
hereby allowed for all parties and for all bona fide candidates seeking national
and local elective positions subject to the limitation on authorized expenses
of candidates and parties, observation of truth in advertising, and to the
supervision and regulation by the Commission on Elections.

Lawful election propaganda shall include:

(a) Pamphlets, leaflets, cards, decals, stickers or other written or printed

materials the size of which does not exceed eight and one-half inches (8

2") in width and fourteen inches (14”) in length, made of biodegradable,
re-used and/or recycled materials and non-hazardous substances.

(b) Handwritten or printed letters on biodegradable, re-used or recycled
materials, using non-hazardous substances, urging voters to vote for or
against any particular political party or candidate for public office;

(c) Posters made of biodegradable, re-used or recycled cloth, paper,
cardboard, or any other biodegradable, re-used or recycled material,
printed with ink without any hazardous substance, whether framed or
posted, with an area not exceeding two feet (2’) by three feet (3);

(d) Streamers made of biodegradable, re-used or recycled materials,
printed with ink without any hazardous substance, not exceeding three
feet (3’) by cight feet (8’) in size, displayed at the site and on occasion of
a public meeting or rally. Said streamers may be displayed five (5) days
before the date of the meeting or rally and shall be removed within
twenty-four (24) hours alter said meeting or rally;



(e] Mobile units, vehicle motorcades of all types, whether engine or
manpower driven or animal drawn, with or without sound systems or
loud speakers and with or without lights;

() Paid advertisements in print or broadcast media; Provided, That the
advertisements shall follow the requirements under Section 4 of
Republic Act No. 9006, or the “Fair Elections Act”;

(g) In headquarters or residences of candidates, lawful election
paraphernalia may be displayed, but banners or streamers referred to
in paragraph (d) above shall not be allowed;

(h) All other forms of election propaganda not prohibited by Batas
Pambansa Bilang 881, otherwise known as the “Omnibus Election Code
of the Philippines” and Republic Act No. 9006, otherwise known as the
“Fair Elections Act”, Provided, That these are made with biodegradable,
re-used or recycled materials: Provided, further, That these do not
contain any hazardous substance: Provided, final, That no plastic and
similar material shall be used.”

SECTION 4, Election Offense. The us of any election propaganda made of
plastic or similar materials, or of materials which are not biodegradable, re-
used or recyclable, or which contains hazardous substances, shall constitute
an election offense punishable under the first and second paragraphs of
Section 264 of the Omnibus Election Code of the Philippines in addition to
administrative liability, whenever applicable

SECTION 5. List of Biodegradable, Re-usable, Recyclable and Recycled
Materials, and Hazardous Substances. - To aid the Commission on
Elections to monitor compliance by candidates to the provisions of this Act,
the Department of Environment and Natural Resources shall provide the
Commission on Elections with the inventory of materials as provided in
Section 4 of Republic Act No, 6969, otherwise known as the “Toxic Substances
and Hazardous and Nuclear Wastes Control Act of 1990,” indicating therein
the inventory of hazardous substances. The Environment Management
Bureau shall also provide the Commission on Elections a list of biodegradable,
re-usable, recyclable and recycled materials.

SECTION 6. Implementing Rules and Regulations. ~ ‘The Commission on
Elections shall promulgate and furnish all political parties and candidates the
rules and regulations for the implementation of this Act. Said rules and
regulations may be in the form of resolutions duly promulgated to govern the

conduct of elections,

SECTION 7. Appropriations. ~ Such sums as may be necessary for the
implementation of the provisions of this Act is hereby authorized to be
incorporated in the General Appropriations Act.


SECTION 8. Separability Clause. ~ If any section or provision of this Act shall
be declared unconstitutional, other provisions not affected shall continue to
be in full force and effect.

SECTION 9. Repealing Clause. ~ All laws, presidential decrees, executive
orders, rules and regulations, or parts thereof, inconsistent with this Act,
including Batas Pambansa Bilang 881 (Omnibus Election Code of the
Philippines), Republic Act No. 9006 (Fair Elections Act) and Republic Act No.
6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990}, are hereby repealed or modified accordingly.

Section 3 of Republic Act No. 9006 and Section 82 of Batas Pambansa Bilang
881 are hereby repealed.

SECTION 10, Effectivity. ~ This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,