Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

3057
House Bill No.

Introduced by AKBAYAN Representatives
Ibarra M. Gutierrez II and Walden F. Bello

EXPLANATORY NOTE

No less than the 1987 Philippine Constitution, in its Declaration of Principles and State Policies,
particularly in Section 16 of Article II, mandates the State to protect and advance the right of the

people to a balanced and healthful ecology in accord with the ehythm 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 Manqgement Act of 2000.” It sought the adoption of
‘a systematic, comprehensive and ecologically solid waste management program which shall,
among others, utilize environmentally-sound methods that maximize the utilization of valuable
resources and encourage resource conversation and recovery, and set guidelines and targets for
solid waste avoidance and volume reduction through source reduction and waste minimization

measures.

Every person living in Metro Manila generates half a kilo of solid waste a day, translating to
almost 1.95 million metric tons of solid waste per year. ‘This number would dramatically increase
during election campaign periods, when candidates for elective positions go into intensive
information drives by distributing pamphlets, leaflets, cards, decals, stickers, letters, posters,
streamers, and 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 element. Ballers given out to campaign volunteers do not only contain
cadmium, these ballers are produced using lead, a substance which has proven neurotoxicity to
humans. Needless to say, cadmium and lead are considered as “major public health concerns” by

the World Health Organization.

A law which makes the use of biodegradable and environmentally-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.

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

obs M1



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra M. Gutierrez II] and Walden F. Bello

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, OTHERWISE KNOWN AS THE “OMNIBUS ELECTION CODE OF THE
PHILIPPINES,” AND APPROPRIATING FUNDS THEREFOR

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

1 SECTION 1. Title—This Act shall be known as the “Biodegradable and Non-Hagardous [lection
Propaganda Materials Act of 2013.”

SECTION 2. Definition of Terms.—As used in this Act:

@) “Biodegradable materia?” refers to waste material composed primarily of naturally-occurring

constituent parts, able to be broken down and absorbed into the ecosystem.

(b) “Hazardous substances” ace substances which present either:

Somat se ken


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

explosion; or

Q) 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.

© “Regeled materia?” shall refer to post-consumer material that has been recycled and rewumed

to the economy.

(@ “Re-use” shall refer to the process of recovering materials intended for the same or different

purpose without the alteration of physical and chemical characteristics.

(© “Solid waste’ shall refer to all discarded houschold, commerical 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 Elections Act”
and Section 82 of Batas Pambansa Bilang No. 881, otherwise known as the “Onibus Election
Code of the Philippines,” defining, laveful election propaganda are hereby amended to read as

follows:

“Section 3. Lawful Election Propaganda—Election propaganda,
whether on television or cable television, radio, newspaper, of
any other medium, is heceby 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:

@ Pamphlets, leaflets, cards, decals, stickers or other written
or printed materials the size of which does not exceed eight and
‘one-half inches (82”) 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;

(© 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°);

() — Streamers made of biodegradable, re-used or recycled
materials, printed with ink without any hazardous substance, not
exceeding three feet (3’) by eight feet (8°) in size, displayed at the
site and on occasion of a public meeting or rally. Said streamers
may be displayed five (6) days before the date of the meeting or
rally and shall be removed within twenty-four (24) hours after
said meeting or rally;

© Mobile units, vehicles 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;


9
10
itt
12
13
4
15
16
7
18
19
20
21
22
23
24
25

a
28
29
30
31
32
33

(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}

@ In headquarters or residences of candidates, lawful
lection 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 Philippine? and Republic Act No. 9006
otherwise known as the ‘Fair Eleations Act? Provided, ‘That these are
made with biodegradable, re-used or recycled materials: Prosided,
Jurther, That these do not contain any hazardous substance:

Provided, finally, ‘That no plastic and similar material shall be used.”

SECTION 4. Election Offense—‘the use of any election propaganda made of plastic or
similar materials, or of materials which are not biodegradable, re-used ot recyclable, or which
contains hazardous substances, shall constitute a violation of this Act and shall constitute an
lection offense punishable under the first and second paragraph of Section 264 of the Omnibus
Election Code ofthe Philippines in addition to administrative liability, whenever applicable.

SECTION 5. List of biodegradable, re-usable, recyclable

hazardous substances—To aid the Commission on Elections to monitor compliance by

d recycled materials, and

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 “Taxie Substances and Hazardous and
Nudear Wastes Control Aa 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 rales and regulations —The Commission on Elections shall
promulgate and furnish all political parties and candidates the rules and regulations for the


ear )d Hw

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 sum as may be necessary for the implementation of the
provisions of this Act is hereby authorized to be incorporated in the annual General

Appropriations Act.

SECTION 26. 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 27. Repealing Clause. — All laws, presidential decrees, executive orders, rules and

regulations, or parts thereof, inconsistent with this Act, including of Batas Pambansa Bilang 881

(Omnibus Election Code of the Philippines), Republic Act No. 9006 (Pair 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 Blg. 881 are hereby

repealed.

SECTION 28. Bffectivity —This Act shall take effect fifteen (15) days after its publication in at

least two (2) newspapers of general circulation.

Approved,