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

HTEENTH CONGRESS
First Regular Session

FIG

3140

HOUSE BILL NO.

Introduced by HON. JUMEL ANTHONY L. ESPINO.

EXPLANATORY NOTE

It has been almost 20 years since Republic Act No. 9003 or the Ecological Solid
Waste Management Act of 2000 was signed into law. The law declares that it is the
Policy of the State to adopt a systematic, comprehensive and ecological solid waste
Management program that ensures the protection of public health and the environment
and the proper segregation, collection, transport, storage, treatment and disposal of solid
waste through the formulation and adoption of best environmental practices. However.
even with the enactment of the law, there 1s still a plastic pollution crisis that we are
experiencing, In fact the World Wide Fund for Nature (WWF) estimates that we could be
ingesting 59 mg, of plastic a week due to plastic a week due to plastic pollution which is
equivalent to the weight of a plastic credit card

The United Nations Environment Programme (UNEP) data shows that that the
Philippines contribute a large amount of plastic waste that end up in the ocean. In fact
the Philippines 1s one of top five countries ( China, Thailand, Indonesia and Vietnam)
that produce plastic waste. The UNEP study reveals that 81 % of the 6,237,653 ky
(6,875.84 tons) of plastic waste per day in the Philippines is mismanaged while other
countries that generate significant amounts of plastic waste like Japan and the United *
States have 0% mismanagement rating

It is this mismanagement of plastic waste that greatly contributes to the plastic
Pollution in our country especially the leakage of plastic pollution into our environment
in our seas. Nature is declining due to one of the environmental risks that our world is
experiencing, plastic waste It also poses as one of the gravest threat to the global
economy and the longer we take action to address this, the more costly it will be in the
years to come. Only by reducing our plastic pollution can we avoid its large
environmental and socio-economic impact

In view of this major environmental concern, the approval of this bill is

sa § ANTHONY L ESPINO

earnestly sought


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3140

Introduced by HON. JUMEL ANTHONY I. ESPINO

AN ACT

REGULATING THE MANUFACTURING, IMPORTATION AND USE OF SINGLEUSE
PLASTIC PRODUCTS, AND PROVIDING PENALTIES, LEVIES AND AN INCENTIVES
SYSTEM FOR INDUSTRIES, BUSINESS ENTERPRISES AND CONSUMERS THEREOF

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

SECTION 1. Title. - This Act shall be known as the "Single-Use Plastics Regulation
and Management Act of 2019.

SEC. 2. Declaration of Policy. - It is the policy of 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.

In this light, the State recognizes the importance of achieving the United Nations(UN)
Sustainable Development Goal (SDG)3_ to ensure healthy lives and promote well being
for all at all ages, SDG9 to build resilient infrastructure, promote inclusive and
sustainable industrialization and foster innovation, SDG11 to build sustainable cities
and communities, SDG12 to promote responsible consumption and production, and
SDG 14 to reduce marine pollution of all kinds. The State, being a party to the Paris
‘Agreement which was adopted in 2015, recognizes the importance of adopting
sustainable lifestyles 13 and patterns of consumption and production in addressing
climate change.

The Philippine Development Plan 2017-2022 further outlines policies and programs to
achieve the SDGs, which is embodied under Chapter 20 - Ensuring Ecological Integrity
Clean and Healthy Environment, that aims to promote sustainable consumption and
production (SCP) through the development and implementation of appropriate policies
such as the formulation of a polluter pays policy, establishment of an accessible market
for recyclable and recycled products, strengthening of the certification and
establishment of information systems for green products and services, and strengthening
promotion, development, transfer, and adoption of eco-friendly technologies, systems,
and practices in the public and private sectors by increasing access to incentives and
facilitating ease of doing business and other related transactions.


‘The State, in the enforcement of Republic Act No. 9003 or the Ecological Solid Waste 9
Management Act. further acknowledges the need to advance policies that will not only
10 address waste treatment and disposal, but also source reduction,

The State likewise recognizes the indispensable role of the private sector, 12 encourages
private enterprise and provides incentives to needed investments, while at 13 the same
time, acknowledging the need to develop a self-reliant and independent national
economy effectively controlled by Filipinos

SEC. 3. Definition of Terms. - As used in this Act

a) Business. enterprises. refer to establishments engaged in the production,
manufacturing, processing, repacking, assembly, or sale of goods and! or services.
including service-oriented enterprises, It shall include retailers, self employed or own-
account workers, micro, small, and medium enterprises (MSMEs) and community
based business enterprises,

b) Climate change refers to a change in climate that can be identified by changes in the
mean or variability of its properties and that persists for an extended period. typically
decades or longer, whether due to natural variability or as a result of human activity:

©) Consumer refers to a person who is a purchaser, lessee, recipient or prospective
purchaser, lessor or recipient of consumer products, services or credit:

d) Disposal refers to the discharge, deposit, dumping, spilling, le
any waste into or on land;

king or placing of 2

¢/ Incentives refers to incentives provided for under RA No. 9520 otherwise known as
the Philippine Cooperative Code of 2008, RA No. 9178 otherwise known as. the
Barangay Micro-Business Enterprise Act of 2002, RA No. 9501 otherwise known as
the Magna Carta for Micro, Small, and Medium Enterprises, Executive Order No. 226
otherwise known as the Omnibus Investment Code of 1987, RA No. 10771 otherwise
known as the Green Jobs Act of 2016 or incentives as defined by the local government
unit through an ordinance specifically for this purpose, where applicable

f) Life Cycle Assessment refers to the process of evaluating the effects that a product
has on the environment over the entire period of its life cycle, which covers all the
processes required: extraction and processing. manufacture, transport and_ distribution
Use, reuse and maintenance; recycling: and final disposal

8) Microplasticy refer to small pieces of plastic found in the ocean,
as < Smm in diameter, including particles as small as nanometers.

sommonly defined

hy Plastic refers to lightweight, hygienic and resistant material which can be molded in
a variety of ways and utilized ina wide range of applications.

1) Recyclable material refers to any waste material retrieved from the waste stream and
free from contamination that can still be converted into suitable beneficial use or for
other purposes. including, but not limited to, newspaper, ferrous scrap metal, non-
ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin
cans and other materials as may be determined by the National Solid Waste
Management Commission (NSWMC),


j) Reeveled material rete
returned to the economy.

to post-consumer material that has been recycled and

k) Reeveling shall refer to the treating of used or waste materials through a process of
making them suitable for beneficial use and for other purposes, and includes any
process by which solid waste materials are transformed 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

1) Retailer refers to a person er
direetly to consumers:

wed in the business of selling consumer products

m) Re-use refers to the process of recovering materials intended for the same or
different purposes without the alteration of physical and chemical characteristics

n) Reusable material plastics packaging shall refer to any material specifically designed
and manufactured for multiple re-use and extended life. These shall meet the following
requirements’ considerations

i May be capable of composting and is biodegradable:
ii Is accepted for recycling,
um Does not contain any toxic or harmful substance or chemical such as but

not limited to lead. cadmium, or any other heavy metal as provided for by
existing rules and regulations of the Department of Environment and Natural
Resources (DENR ).

0) Single-use plastics, for the purpose of this Act, refer to disposable plastics which are
commonly used for plastic packaging and include items intended to be used only once
before they are thrown away or recycled. These include, but are not limited to, items
such as grocery bags, food packaging films and bags, manufacturing water bottles,
Straws, stitters, containers, styrofoam, styros, cups, sachets and plastic cutlery. and

P) Source reduction relers to the reduction of solid waste before it enters the solid
waste stream by methods such as product design, materials substitution, materials re-use
and packaging restrictions

SEC. 4. Scope. This Act shall apply to the manufacture, importation, use, recycling 2
and disposal of all single-use plastics used in trade or commerce in business enterprises.
* as well as by retailers and consumers, wherever located in the Philippines, as defined
4 under Section 3 of this Act

SEC. 5. Prohibition and Phase-out of Single-use Plastics; Levy for the use in the
Interim Period and Discounts for Consumers. The phase-out of single-use plastics by
all business enterprises to consumers shall be in full force and effect one (1) year from
the effectivity of this Act

In the interim period (within 1 year), the following shall be enforced


stablishments, stores, markets and

a) The provision of single-use plastics by food
retailers shall be strictly prohibited

b) Consumers shall be encouraged’ diverted to use re-usable materials in substitution for
single-use plastics

©) Single-use plastics already manufactured and in circulation in the general market
shall be collected, recycled, and properly disposed of by the manufacturers pursuant to
ons of this Act

the prov

d) For single-use plastic materials which cannot be avoided, business enterprises. 18
must ensure that these are recycled in accordance with Section 7 of this Act:

¢) For each picce of single-use plastics already manufactured and in circulation at the 20
time, the retailers shall charge the consumer a minimum levy of five pesos (Php 5.00);

1) The amount collected in subparagraph (e) of this Section by the retailers shall be
reflected in the official receipt. Twenty (20%) of the said amount shall be kept by the
business enterprise to cover the cost of the said bags, while (80%) shall be remitted
monthly, quarterly, or semi-annually to the Special Plastic Fund created under this Act

At the end of one (1) year period, and upon full effectivity of this Act, the
further and continued provision by all business enterprises and use by consumers of
single use plastics shall be strictly prohibited

For take-outs and selling of food and beverages, a discount of five pesos (Php 5.00)
shall be given to the consumer for bringing their own re-usable’ recyclable containers

SEC. 6 Prohibition on the Importation of Single-use Plastics. ~ One (1) year from
the effectivity of this Act, the Department of Finance, through the Bureau of
Customs(BOC), in coordination with relevant agencies such as DENR. Department of
Trade and Industry (DTI), Department of Health (DOH) and the Climate Change
Commission (CCC), shall ensure that no single-use plastics, including waste products
from the same, will be imported to the country. Tariffs shall be correspondingly
imposed by the Tariff Commission and collected by the BOC. which shall be further
specified in the Implementing Rules and Regulations of this Act

SEC. 7, Reeyeling of used Single-use Plastics. Used single-use plastics. when allowed
by this Act or those manufactured or used before Act's effectivity, shall be recycled. It
shall be the duty of the plastic manufacturers to recycle the said single-use plastics in a
manner consistent with existing laws, rules and regulations, and ensuring that no
harmful chemicals or substances are released to the environment

The establishment of Materials Recovery Facility (MRFs), which shall be
obligatory upon the business enterprises, shall serve as the collection points for used
single-use plastics. LGUs, plastic manufacturers and business enterprises shall put
systems and procedures in place for the proper collection of the used single-use plastics
and its. delivery to the recycling centers



It shall be the responsibility of the manufacturers that these plastics are properly
collected, recycled, and disposed of, in accordance with this Act

Manufacturers shall also maintain records des bing the recovery. collection,
transport, recycling of plastic bags collected annually and shall make the records
available to the National Solid Waste Management Commission (NSWMC) and/or the

local government unit concerned, upon request, t0 demonstrate compliance with this

Act

SEC. 8 Proper Disposal and Management of Plastic Wastes. The disposal and
management of plastic waste shall be done in accordance with the provisions of
Republic Act No. 9003

The DENR, in coordination with the DOST, shall develop the appropriate
standards 7 for the disposal of plastic wastes, ensuring that zero emissions are achieved
and no harmful chemicals are released to the environment in the proc

SEC. 9 Researeh and Development (R&D) for Single-use Plastic Packaging
Alternatives. - The Department of Science and Technology (DOST) and NSWMC
shall include in their respective programs and R&D Agenda, and consequently. fund
research 12 on single-use plastic packaging alternatives. Alternatives may include, but
shall not be 13 limited to the following

a) Natural polymers

b) Biomass-based compostable bio-polymers (1.¢. starch, non-starch thermoplastic bio-
composite, synthetic biomass-based polymers)

) Upeyeling
d) Fiber production
©) Lite eyele assessment

1) Feasibility studies (ie willingness to pay. Ie tax, discount

disincentives incentives, recommended rates)

The NSWMC and DOST shall also provide assistance to DENR and the
manufacturers for the implementation of this Act, particularly as regards the proper
recycling and disposal of used single-use plastics, and developing more
environmentally friendly types of plastics used as primary packaging materials, among
others

The DTI, Technical Education and Skills Development Authority (TESDA).
Department of Labor and Employment (DOLE) and the Presidential Communications
Operations Office (PCOO), in coordination with plastic manufacturers’ industries, non-
government and civil society organizations, and other concerned stakeholders, shall
conduct studies within six (6) months upon the effectivity of this Act to determine the
impact of this Act on affected plastic industry employees and workers. They shall



likewise, together with DOST and the National Ecology Center (NEC), develop a
capacity-building program for alternative livelihood opportunities for the affected
employees and workers in areas such as recycling of used plastic products and cottage
industries, among others

C. 10. Program for Affected Employees and Workers of the Plastic Industry
Within six (6) months form the effectivity of this Act, massive rch and technology
development initiatives, pilot-testing of innovations and technologies resulting from
these studies, and capacity-building activities shall be undertaken with plastic
manufacturing industries and business enterprises for them to adopt these technologies
DOST, NEC, DTI, DOLE and TESDA shall implement the capacity-building program
to relevant stakeholders, DOST. in coordination with the NEC, shall provide the LGUs
with technical assistance, trainings, and continuing capacity-building programs to attain
the objectives of this Act

SEC 11. Inclusion in the Philippine National Standards (PNS). - The NSWMC,
DOST, and DiI through the Bureau of Product Standards (BPS), shall develop the
standards and include in the Philippine National Standards (PNS) the products, items or
technologies resulting from studies which were pilo-tested. It shall include the
specifications of the said products, taking into consideration existing and available best
technologies and internationally mandated and accepted standards, and in accordance
with the provisions, mandates and standards of this Act

SEC 12. Incentives for the Plastic Industries Shifting to Alternatives ~The
manufacture of alternatives to single-use plastics under Section 9 of this Act shall be
supported and encouraged

Business enterprises, individuals, cooperatives, partnerships, and corporations
Which engage in the manufacture of identified alternatives to single-use plastics shall be
given incentives provided for under the Philippine Cooperative Code of 2008, the
Barangay Micro-Business Enterprise Act of 2002, the Magna Carta for Micro, Small
and Medium Enterprises, the Omnibus Investment Code of 1987 or the Green Jobs Act
of 2016, where applicable. The DENR and DTI, in coordination with the Department
of Finance (DOF), shall provide technical and financial assistance to these
manufacturers,

LGUs are encouraged and shall be allowed to provide additional benefits and
incentives to these manufacturers within their jurisdiction, consistent with existing laws.
rules and regulations, which shall be in addition to the benefits and incentives provided
for in the previous paragraph

Nothing in this Act shall prohibit or limit the right of the said manufacturers to
be entitled to additional benefits and incentives which may be given by new laws
rules, and regulations in the future

SEC. 13. Monitoring and Market Inspection - The NSWMC and DTI, in
coordination with the LGUs, and local law enforcement agencies, shall conduct regular
Inspection and monitoring of business enterprises and facilities of manufacturers to



determine compliance with this Act Inspection and monitoring shall include the
following

4) Enter of access to the premises of operation and business, including storage rooms
and stockrooms:

b) Inspect off-site storage facilities, distribution centers and transhipment points

SEC. 14. Certification. The LGUs concemed, after the conduct of a thorough 25
examination and inspection, shall issue the necessary certificate to show whether or not
26 business enterprises or manufacturers in their jurisdiction are compliant with the
mandates and directives of this Act

The LGU certification shall be a requirement for the renewal of any local
permits, in addition to the DILG-DTI-DICT Joint Memorandum Circular No. 1, s
2016, after the effectivity of this Act

SEC IS NSWMC as the Lead Implementing Agency and Other Functions — The
NSWMC created pursuant to Section 4 of RA 9003 shall be the lead implementing
agency for this Act It shall aid and assist other agencies involved in the implementation
and enforcement of this Act_ It shall perform the following functions

4) Prepare the national strategic single-use plastic roadmap.

b) Lead the R&D agenda preparation, conduct of researches and pilot-test
identified alternatives, with DOS

ng of

¢) Lead in the development of standards for inclusion in the Philippine National
Standards (PNS) of the products, items or technologies resulting from studies
which were pilot-tested, in coordination with DTI and DOST

d) Review and monitor the implementation of the Act; which includes

i Monitoring local-level enforcement through the compilation of local-
level ordinances on single-use plasties

of business

H Conducting regular and routine inspections and monitoring
enterprises and facilities of manufacturers as prescribed under Section 12
of this Act,

©) Adopt a program to provide technical and other capability building assistance
and support to local government units, business enterprises, concerned citizen
groups and other relevant stakeholders in the implementation and enforcement
of this Act

f) Manage the Special Plastics Fund established under Section 21 of this Act:


g) Develop safety nets and alternative livelihood programs for business
enterprises, plastic manufacturers, small recyclers and other sectors that will be
affected as a result of the single-use phase out

SEC 16. Role of Local Government units, and Other Stakeholders. - LGUs shall
have the primary responsibility in the effort to decrease the percentaye of plastic bag
waste produced within their respective jurisdiction. They shall also be primarily
responsible for the enforcement of the prohibitions of this Act and the monitoring of the
collection of recyclable used plastic bags by manufacturers

Other stakeholders such as business groups, consumer groups and civil society
organizations are encouraged to support the implementation of this Act

SEC. 17. Effect of LGU Ordinances Effective Before or After Effectivity of t
Act. - LGU ordinances imposing bans and prohibitions on the use of plastic bags,
promulgated and enforced prior to the effectivity of this Act, shall be considered as
automatically amended in line with the provisions and mandates of this Act

LGUs that do not have ordinances enacted upon the effectivity of this Act are
also encouraged to enact their respective ordinances in line with the provisions and
mandates of this Act

The provisions, mandates. and directives of this Act shall serve as minimum
standards and stipulations for LGU ordinances. Nothing in this Act shall be construed as
limiting the authority of LGUs to enact ordinances which provide for stricter measures
and standards than those provided for in this Act

SEC 18° Public Information and Education Campaign. - The DENR. in
coordination with the LGUs, DILG, DepEd, Commission on Higher Education
(CHED), PCOO, and Philippine Information Agency (PIA), shall conduct a continuing
information and educa e-use plasties in

tion campaign on the proper regulation of sin;
the country. Such campaign shall be incorporated in and shall be in addition to the

public

formation and education campaign under Section 55 of RA No. 9003

SEC. 19. Penalties and Sanctions. Violations of this Act, starting the first year trom
the effectivity and as fully provided for under Section 3 of this Act, shall be imposed
the following penalties

a) For Business Enterprises, Micro, Small and Medium E nterprises as defined in RA
6977, as amended, Barangay Micro Business F Mmerprises under RA 9178, and all
other enterpnses and establishments not otherwise value-added 4 tax (VAT)
registered, the following penalties shall be imposed

i First offense — A fine of five thousand pesos (Php5,000.00

W Second offense — A fine of twenty five thousand pesos (Php 25,000.00) and
suspension of its business permit for three (3) month



iii, Third offense ~ A fine of fifty thousand pesos (Php50,000.00) and suspension of
its business permit for one (1) year. and

iv. Fourth offense — A fine of one hundred thousand pesos (Php100,000.00) and
permanent suspension of its business permit. The said business permit shall not
be eligible for renewed application for a period of S years. Thereafier, the LGU
concerned may grant the said store with a business permit, provided its operator
can show steps and measures will be put in place to comply with this Act. A
further violation afier the issuance of a new business permit shall perpetually bar
the said operator from conducting its business in the LGU concerned

b) For VAT registered stores, establishments, and enterprises, and for all plasti
manufacturers found violating this Act the following penalties shall be imposed

1 First offense - A fine of fifty thousand pesos (Php 50,000.00).

1 Second offense- A fine of one hundred thousand pesos (Php 100,000.00) and
suspension of its business permit for three (3) months:

ti, ‘Third offense -A fine of two hundred fifty thousand pesos (Php 250,000.00) and
suspension of its business permit for one (1) year, and

Fourth offense - A fine of five hundred thousand pesos (Php
500,000.00) and permanent suspension for its business permit. The — said
business permit shall not be eligible for renewed application for a period of 5
years. Thereafter, the LGU concerned may grant the said store with a
business permit, provided its operator can show steps and measures will be put
place to comply with this Act A further violation after the issuance of a
new business permit shall perpetually bar the said operator from conducting it
business in the LGUs concerned

If the offenders in (a) or (b) above is a corporation, trust or firm
Partnership, association or any other entity, the penalty shall be imposed on
the entity's responsible officers including, but not limited to, the president
chief executive officer, general manager, managing director or partner
directly responsible thereof,

SEC. 20. Administrative Sanctions. - Local government officials of
government agencies who fail to comply with and enforce this Act shall be
administratively charged 19 in accordance with RA 7160 and other existing
laws, rules and regulations

SEC. 21. Special Fund for Single-use Plastics Regulation - A Special Fund for
Single-use Plastics Regulation (herein referred to as the Fund), to be administered by
the NSWMC, is hereby created, to be composed of tariffs, levies, fees, and fines
collected pursuant to the implementation and enforcement of this Act



The Fund shall be used to support the strict implementation and enforcement of this
Act as, but not limited to, the following

a) Strengthen the operations of the NSWMC relative to the implementation and
enforcement of this Act

b) Improve the capacity of LGUs, and local law enforcement agencies for the
implementation of this Act

¢) Establish recycling centers or re-modelled business enterprise that exhibits best
practices (as no single-use zones) in each region or province:

d) Conduct an impact evaluation studies relevant to the implementation of the Act
especially on areas of economic contributions, environmental and public health
(through the Department of Health)

Conduct of information and education campaigns on singh
and related environmental awareness measures,

use plastics regulation

1 Assistance and provision of incentives for manufacturers and community based
Inihatives for the production of single-use plastics, as well as for_nongovernment
and civil society organizations promoting proper solid waste management. and

2) Additional provisions for the Solid Waste Management Fund under RA 9003. The
Fund may be augmented by donations, endowments, grants and contributions,
which shall be exempt from donor's tax and be considered as allowable deductions
from the gross income of the donor, in accordance with the provisions of the
National Internal Revenue Code of 1997, as amended.

SEC 22, Access to Information/Public Disclosure Requirements, Public Access to
Records, Reports or Notification. - The public shall have access to records, reports, of
information concerning the implementation and mandates of this Act

Such documents shall be available for inspection or reproduction during regular
business hours: provided that the DENR or concerned LGU may consider a record,
Feport or information or particular portions thereof confidential and not for public
release when such would divulge trade secrets, production or sales figures or methods,
production or processes unique to such manufacturer. seller, or distributor, or would
otherwise tend to affect adversely the competitive position of such manufacturer, seller.
or distributor

SEC 23. Citizens Suit. For the purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal,
or administrative action in the proper courts’ bodies against

4) Any person who violates or fails to comply with the provisions of this Act 5 and
its implementing rules and regulation



b) The department or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act. and/or

©) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and
regulations, or abuses his authority in the performance of his duty. or. in any
manner improperly performs his duties under this act or its implementing rules and
regulations; Provided. however, that no suit can be filed until afier a thirty (30) day
notice has been given to the public officer and the alleged violator concerned and
no appropriate action has been taken thereon

The court shall exempt such action from the payment of filing fees and statements
likewise, upon prima facie showing of the non-enforeement or violation complained of
exempt the plaintiff from the filing of an injunction bond for the issuance of preliminary
junction

In the event that the citizen should prevail, the court shall award reasonable
attorney's fees, moral damages and litigation costs as appropriate

SEC. 24 Suits and Strategic Legal Action against Public Participation (SLAP.
Where a suit 1s brought against a person who filed an action as provided in Section 22 of
this Act, or against any person, institution or government agency that implements this Act
or any other consumer related laws. rules, and regulations, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately make a
‘ding thirty (30) days whether said legal action has been filed

determination within not exe

pressure or stifle such legal recourses of the person 1
ng or enforce the provisions of this Act. Upon determination thereof, evidence

to harass, vex, exert undu
complain
warranting the sa
double damages

ne, the court shall dismiss the case and award the attorney's fees and 3

This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and done in
the course of enforcing this Act. its rules, regulations and guidelines,

SEC. 25. Appropriations. — Such amount as may be necessary to implement the
Provisions of this Act is hereby included im the annual appropriations of the DENR and
other implementing agencies under the General Appropriations Act (CAA)

SEC 26, Congressional Oversight Committee The Joint Congressional Oversight
Committee created under Section 60 of RA No. 9003 shall also have the power to monitor
and evaluate the implementation of this Act

SEC. 27. Implementing Rules and Regulations. ~The NSWMC, DENR, in. coordination
with the DTI, DILG, CCC and concerned government agencies and representatives of
LGU organizations shall issue Implementing Rules and Regulations within one hundred
(100) days after the effectivity of this Act. The said IRR shall specify and provide detailed
provisions of this Act that needs further clarity in terms of scope, coverage and definitions

SEC. 28 Construction. The best interests of the consumer and the night to a 20 healthful
and balanced ecology shall be considered in the construction and interpretation 21 of this
Act and its IRR,



SEC. 29. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain in full

force and effect
SEC. 30. Repealing Clause. - All laws, executive orders, administrative orders. and rules
and regulations inconsistent with this Act are hereby repealed or amended accordingly

SEC 31. Effeetivity Clause This Act shall take effect fifteen (15) days after its
plete publication in the Official Gazette or in two (2) newspapers of general circulation

Ipproved,