Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH (19th) CONGRESS
First Regular Session

HOUSE BILL NO. __

Introduced by HONORABLE LORETO “AMBEN” S. AMANTE
Third (3rd) Legislative District, Province of Laguna

AN ACT
MANDATING THE ESTABLISHMENT OF COMPOSTING FACILITY
IN EVERY BARANGAY OR CLUSTER OF BARANGAYS
ASA PART OF COMPREHENSIVE SOLID WASTE MANAGEMENT,
AMENDING FOR SUCH PURPOSE ARTICLE 5, CHAPTER III
OF REPUBLIC ACT NO. 9003, OR OTHERWISE KNOWN AS THE
“ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000”,
AND FOR SUCH OTHER PURPOSES

Enshrined in our Philippine Constitution is the fundamental State Policy 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”. In order to achieve a
balanced and healthful ecology, the Government must sternly and thoughtfully address
the country’s severe waste predicament patently brought about by the rapid rising
number of population, as well as the expeditious advancement of diversified commercial
and industrial undertakings.

While the notable passage of Republic Act No. 9003, or otherwise known as the
“Ecological Solid Waste Management Act of 2000”, is primarily aimed to actualize the
Constitutional Mandate of engendering a balanced and healthful ecology, such as the
immediate prohibition on open dumpsite operations and the gradual phasing out of
controlled dumpsites, we have yet to see a sustainable and workable countrywide Solid
Waste Management Framework that may assimilate and encompass local governments’
solid waste management plans in their respective territorial jurisdictions.

Republic Act No. 9003 explicitly provides that as an alternative to open or
controlled dumpsites, Sanitary Landfills shall be developed and operated as final
disposal sites (Section 17(h]). Regrettably, at almost 1,700 sanitary landfills needed to
be established by all the cities and municipalities across the country since the aforesaid
law took effect not less than 20 years ago, only 108 thereof existed as of this writing
Crucial difficulties faced by our local governments pertained, among others, to the
immense project costing necessary for the construction and subsequent operation of
Engineered Sanitary Landfills whereby the construction itself is estimated to reach
around 50 Million Pesos per Hectare. Aside thereto, project feasibility comes into play
amidst the respective topographical locations of our local governments.


Foregoing premises considered, a practicable, sustainable and functional
solution—through the establishment of Composting Facilities—must be timely
mandated, the establishment and operation of which would conclusively produce no
adverse effect whatsoever, but shall certainly gain the following significant benefits for
the common good—

1

With the various standard composting technologies currently available, the
project cost may range for as low as PhP 200,000.00 per facility, which
cost may even be wholly remunerated from the barangay fund itself;

Composting technologies have adaptable designs suitable to the
proponent's locational topography and waste generation volume;

Establishment of Composting Facility shall be in furtherance of the
essential mandate under Section 20, Article 1, Chapter III, Republic Act
No. 9003 that requires the Local Government Units to divert at least 25%
of all solid waste from waste disposal facilities through resource recovery
activities, such as composting diversion;

Operation of Composting Facility shall be in paramount support of
Republic Act No. 10068, or otherwise known as the “Organic Agriculture
Act of 2010” which established the National Organic Agricultural Program
in the country in order to advocate the utilization of organic fertilizers as a
method to minimize groundwater pollution, restore soil fertility, reduce the
vulnerability of marginal farmers to the high cost of chemical fertilizers,
and promote organic agriculture adoption;

Recovered resources may be resorted to as an income generation activity
which may be commercially distributed as organic fertilizers valuable to
agriculture and horticulture undertakings;

Therefore, the approval of this proposed measure is hereby most solemnly

sought.

'O “AMBEN” S. AMANTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH (19th) CONGRESS
First Regular Session

HOUSE BILLNO. 3959

Introduced by HONORABLE LORETO “AMBEN?” S. AMANTE
Third (3rd) Legislative District, Province of Laguna

AN ACT

MANDATING THE ESTABLISHMENT OF COMPOSTING FACILITY

IN EVERY BARANGAY OR CLUSTER OF BARANGAYS

AS A PART OF COMPREHENSIVE SOLID WASTE MANAGEMENT,

AMENDING FOR SUCH PURPOSE ARTICLE 5, CHAPTER IIT

OF REPUBLIC ACT NO. 9003, OR OTHERWISE KNOWN AS THE
“ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000”,

AND FOR SUCH OTHER PURPOSES

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 “Establishment of
Barangay Composting Facility Act.”

Section 2. Policy Objectives.— The establishment of Composting Facility in every
Barangay or cluster of Barangays has the following objectives:

(a)
(b)

(c)
(d)
(e)
()

To provide a sustainable solution forming part of an ecological solid
waste management;

To bring about a waste management process adaptable to topographical
location of any proponent, waste generation volume and cost-efficiency
in contrast to sanitary landfills and controlled dumpsites, among others;
To ensure an environmentally-sound method that encourages resource
recovery and utilization of recovered resources;

To set forth a waste minimization measure aimed to diminish solid waste
quantity entering final disposal system;

To comply with the waste diversion requirement of the law through
resource recovery activities;

To utilize recovered resources as an income generation undertaking that
may be commercially distributed as organic fertilizers or soil enhancers,
both of which are valuable to agriculture and horticulture;

Section 3. Definition of Terms.— For purposes of this Act, the following terms
shall mean:

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(a)  Composting- refers to the controlled decomposition of organic matter or
other compostable materials by micro-organisms into a humus-like
product;

(b) Composting Facility- refers to a waste diversion site where the organic
component of municipal solid wastes is decomposed under controlled
conditions;

(c) Composting Technologies- refer to acceptable composting methods most
beneficial to the proponent in terms of establishment and administration
cost and its operating efficiency while giving consideration upon its
locational topography, waste generation volume and general waste
characterization of the area;

(a) Provincial/City/Municipal Solid Waste Management Board- refers to the
multi-level Boards pertaining to the Local Government Units ladder
created under Republic Act No. 9003 and tasked to develop
corresponding Solid Waste Management Plans within their respective
areas of jurisdiction, in coordination with the National Solid Waste
Management Commission;

Section 4. A new Article, with commensurate Sections and Sub-sections, are
hereby inserted in Republic Act No. 9003, or otherwise known as the
“Ecological Solid Waste Management Act of 2000” as it is hereby amended to
read as follows—

ARTICLE 5
COMPOSTING PROGRAM

SECTION 34, ESTABLISHMENT OF COMPOSTING FACILITY.— AS
AN INTEGRAL PART OF SOLID WASTE DIVERSION MEASURES AND
FOR THE PURPOSE OF COMPLIANCE OF THE LOCAL
GOVERNMENT UNITS (LGUs) WITH DIVERTING AT LEAST 25% OF
SOLID WASTE FROM WASTE DISPOSAL FACILITIES THROUGH
RESOURCE RECOVERY ACTIVITIES UNDER SECTION 20 OF
REPUBLIC ACT NO. 9003, THERE SHALL BE ESTABLISHED A
COMPOSTING FACILITY IN EVERY BARANGAY OR CLUSTER OF
BARANGAYS IN ACCORDANCE WITH THIS ACT.

SECTION 35. GUIDELINES FOR THE ESTABLISHMENT OF
BARANGAY COMPOSTING FACILITY— FOR THE PURPOSE OF THIS
ACT, TIIE BARANGAY COMPOSTING FACILITY SHOULD COMPLY
WITH THE FOLLOWING CONSIDERATIONS:

(A) AS FAR AS PRACTICABLE, THE COMPOSTING FACILITY
SHOULD BE ADJACENT OR PRACTICALLY CONNECTED
TO THE EXISTING BARANGAY MATERIALS RECOVERY
FACILITY (MRF);

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(B) THE FACILITY SHALL BE ESTABLISHED ON ANY
SUITABLE OPEN SPACE OWNED BY THE BARANGAY OR
OWNED BY THE CITY OR MUNICIPALITY WHERE THE
PROPONENT BARANGAY IS SITUATED, THE
ESTABLISHMENT OF WHICH SHALL BE PURSUANT TO
THE CORRESPONDING BARANGAY OR CITY/MUNICIPAL
RESOLUTION, AS THE CASE MAY BE, BEING ADOPTED
FOR SUCH PURPOSE;

(C) THE COMPOSTING FACILITY DIMENSION AND CAPACITY
MUST BE AT LEAST PROPORTIONATE TO THE
COMPOSTABLE WASTE GENERATION VOLUME OF THE
BARANGAY. FOR THIS PURPOSE, THE CLUSTERING OF
BARANGAYS IS HIGHLY ENCOURAGED TO
ACCOMMODATE TARGETED VOLUME OF
COMPOSTABLE MATERIALS;

(D) THE ENTIRE FACILITY, INCLUDING ITS EQUIPMENT AND
OPERATION, MUST SATISFY THE STANDARD SERVICE
EFFICIENCY AND SAFETY PRESCRIBED BY THE
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES (DENR), THROUGH THE ENVIRONMENTAL
MANAGEMENT BUREAU (EMB);

(E) SUFFICIENT MANPOWER APPROPRIATE TO THE
COMPOSTING FACILITY DESIGN OR TECHNOLOGY
SHALL BE DEPLOYED, AFTER TRAINING COMPLETION
TO BE CONDUCTED FOR FREE BY THE DENR-EMB;

(F) FACILITY COMPLIANCE WITH SUCH OTHER
REASONABLE GUIDELINES AS MAY BE SUBSEQUENTLY
IMPOSED BY THE DENR-EMB OR THE IRR OF THIS ACT.

SECTION 36. COMPOSTING FACILITY TECHNOLOGY AND
DESIGN BY THE DENR-EMB.— WITHIN THREE (3) MONTHS FROM
THE EFFECTIVITY OF THIS ACT, THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES, THROUGH THE
ENVIRONMENTAL MANAGEMENT BUREAU (DENR-EMB), SHALL
PROVIDE SEVERAL STANDARD COMPOSTING FACILITY
TECHNOLOGIES AND DESIGNS WHICH MAY BE ESTABLISHED BY
THE BARANGAY, TAKING INTO CONSIDERATION THE
TOPOGRAPHICAL LOCATIONS OF THE PROPONENTS,
ENVIRONMENTALLY-SOUND FRAMEWORKS AND COST-EFFECTIVE
STRUCTURES.

Section 5. Article 5, Chapter III of Republic Act No. 9003 is hereby
renumbered and entitled to read as follows—

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“ARTICLE 6
MARKETS OF COMPOSTS”

Section 6. Articles 6 and 7, Chapter III of Republic Act No. 9003 are hereby
renumbered to read as Articles 7 and 8, respectively.

Section 7. Sections 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49
of Republic Act No. 9003 are hereby renumbered to read as Sections 37, 38,
39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 52.

Section 8. Section 50, Chapter VI of Republic Act No. 9003 is hereby
renumbered and amended to read as follows—

“SECTION 53. Administrative Sanctions.— Local government officials and
officials of government agencies concerned who fail to comply with and enforce
tules and regulations promulgated relative to REPUBLIC ACT NO. 9003, AS
AMENDED BY THIS ACT, shall be charged administratively in accordance with
R.A. 7160 and other existing laws, rules and regulations.”

Section 9. Sections 51, 52, 53, 54, 55, 56 and 57 of Republic Act No. 9003 are
hereby renumbered to read as Sections 54, 55, 56, 57, 58, 59 and 60.

Section 10. Section 58, Chapter VII of Republic Act No. 9003 is hereby
renumbered and amended to read as follows—

“SECTION 61. Appropriations THE DEPARTMENT OF BUDGET
AND MANAGEMENT IS HEREBY DIRECTED TO SUBMIT THE
PROPOSED BUDGET TO CARRY OUT THE MANDATES OF REPUBLIC
ACT NO. 9003, AS AMENDED BY THIS ACT, FOR INCLUSION IN THE
GENERAL APPROPRIATIONS ACT. "

Section 11. Section 59, Chapter VII of Republic Act No. 9003 is hereby
renumbered and amended to read as follows—

“SECTION 62. Implementing Rules and Regulations (IRR)— THE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
THROUGH ITS ENVIRONMENTAL MANAGEMENT BUREAU, IN
COORDINATION WITH THE NATIONAL SOLID WASTE
MANAGEMENT COMMISSION AND THE NATIONAL ECOLOGY
CENTER, SHALL PROMULGATE THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT WITHIN NINETY (90) DAYS AFTER ITS
ENACTMENT; Provided, That rules and regulations issued by other government
agencies and instrumentalities for the prevention and/or abatement of the solid
waste management problem not inconsistent with this Act, AS AMENDED BY
THIS ACT, shall supplement the rules and regulations issued by the Department,
pursuant to the provisions of this Act, AS AMENDED BY THIS ACT.

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The draft of the IRR shall be published and be the subject of public
consultation with affected sectors. It shall be submitted to the Committee on
Environment Ecology of the Senate and House of Representatives, respectively, for
review before approval by the Secretary.”

Section 12. Section 60 and 61, Chapter VII of Republic Act No. 9003 are
hereby renumbered to read as Section 63 and 64.

Section 13. Section 62, Chapter VII of Republic Act No. 9003 is hereby
renumbered and amended to read as follows—

“SECTION 65. Transitory Provision — Pending the establishment of the
framework under Sec. 15 hereof, plans under Sec. 16 and promulgation of the IRR
under SECTION 62 of this Act, existing laws, regulations programs and projects
on solid waste management shall be enforced; Provided, That for specific
undertaking, the same may be revised in the interim in accordance with the
intentions of this Act.”

Section 14. Section 63, 64 and 65, Chapter VII of Republic Act No. 9003 are
hereby renumbered to read as Sections 66, 67 and 68.

Section 15. Separability Clause.— If any provision of this Act is declared
unconstitutional, invalid or void, the rest of the provisions not affected thereby
shall remain in full force and effect.

Section 16. Repealing Clause.— All laws, decrees, executive orders, rules or
regulations, and other issuances, or parts thereof, inconsistent with any provision
of this Act are hereby repealed, amended or modified accordingly.

Section 17. Effectivity Clause.— This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved.

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