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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 8O1L1

Introduced by ANG NARS Party - List Representative Leah S, Paqui

EXPLANATORY NOTE

e declarations:

A healthy environment is a healthy nation, Thus, the following s
under Article II of the Philippine Constitution:

The State the protection and promotion of the right of the
people to a balanced and healthfal ecology in accord with
the rhythm and harmony of nature. (Section 16)

The State shall protect and promote the right of the
people to health and instilling health consciousness among
them, (Section 15)

Plastic bags, wrappers, and other similar forms of packaging are part of the daily
es of people in our consumer-driven society. Billions of plastics bags are used and
consumed worldwide through the day-to-day commercial and market exchanges we make.
The billions of plastic bags used means that millions, if not billions, are also improperly
thrown away as litter or are not properly disposed of in sanitary landfills. ‘These not only
end up polluting our streets and clogging our drains causing floods, but also eventually
become “part” of the ecosystem as waste in the forests or floating trash in our waters
Harmful chemicals thus seep into the soil affecting vegetation and plant growth, and worst
of all animals end up eating these or are killed by the plastic wastes. Thus, it is within the
context of the aboye-cited State policies the need to regulate the manufacture, use,
recycling, and disposition of plastic bags

Globally, the international community has long known the harmful effects and
impacts of the improper and unregulated use of plastic bags, despite the absence of a global
legal treaty or framework on the matter. Despite this, numerous States and even local
governments haye tackled the problem of plastic bags by imposing measures concerning its
manufacture, consumption, disposal, and even measures completely banning its use.
Environmental non-government organizations have taken the lead in educating the public
on the harmful effects of the irresponsible and improper use and disposal of plastic bags.



Here in the Philippines, several local government units (LGUs), both cities/muni
and provinces, have imposed local ordinances concerning plastic bags, some of which even
totally ban all forms of plastics within their territorial jurisdiction.

It is therefore an undeniable fact that, environment and health co-exist with each
other, The condition of the environment reflects the state of health of the people. Sadly, the
Philippine environment is at the brink of destruction; consequently, the health of our people
is compromised. Our action today to prevent further damage to our environment will be a
valuable step in alleviating the health of the environment and of the nation.

‘Thus, the immediate enactment of this bill is urgently demanded.

Honorabi Leah S. Paquiz
Representative, ANG NARS. Party - list


CeVHEaHMawnE

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Republic of the Philippines
OF REPRESENTATI
Quezon City, Metro Manila

SIX!

'TH CONGRESS
Regular Session

HOUSE BILL No._ 8511

Introduced by ANG NARS Party - List Representative Leah S, Paquiz

AN ACT TO REGULATE THE PRODUCTION, IMPORTATION, SALE,
USE, RECYCLING, AND DISPOSITION OF PLASTIC BAGS,
PROMOTING THE USE OF NATIVE REUSABLE BAGS, PROVIDING A
MECHANISM FOR THE RECOVERY AND COLLECTION OF PLASTIC BAGS,
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “PLASTIC BAGS
REGULATION ACT OF 2013"

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the state to
protect and promote the right of the people to a balanced and healthful ecology, the right to
health, and to protect consumers from substandard or hazardous produets. It is also hereby
declared the policy of the State to protect the physical, moral and social well-being of
citizen by ensuring the use of non-toxic and non-hazardous materials in commerce and
trade. Towards this end, the State shall regulate the manufacture, use, recycling, and
disposition of plastic bags.

SECTION 38. Definition of Terms. —
be defined as follows:

“or the purpose of this Act, the following terms shall

a) Biodegradable plastic bag refers to a plastic bag that is made of compostable material

and biodegrades through the action of naturally occurring microorganisms such as
bacteria, fungi, and algae. Such plastic bags shall, have a ninety percent (90%)
biodegradation in less than 6 months where organic carbon is converted to carbon
dioxide without leaving significant harmful residue.

his definition shall not include degradable bags (such as oxo -bio) which, only
breakdown into smaller pieces of plastic, Such degradable bags shall be considered as
plastic bags as defined under this Act

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b) Consumer refers to any person or group of persons who makes a purchase or
completes a transaction in any point-of-sale store or establishment,

©) Department refers to the Department of Environment and Natural Resources
(DENR), unless specified otherwise.

d) Manufacturer refers to a duly accredited person, company, or association of
companies in control of, or habitually engaged in the business or related business of
manufacturing, producing, distributing, or redistribution of plastic bags, as defined
in the Act. In case of imported plastic bags, the manufacturer's representative or, in
his absence, the importer shall be deemed the manufacturer for purposes of”
implementing this Act.

©) Operator refers to a person or group of persons in control of, or having daily
responsibility for the operations of the point-of-sale store.

4) Philippine National Standards (PNS), refers to the national standard approved by the
‘Technical Committee under the Bureau of Products Standard of the Department of
‘Trade and Industry (DTT)

8) Plastic bag refers to a polymer bag or a bag made in whole or in part of polyethylene,
polypropylene, and polycarbon, among others, and designed to be provided ot
utilized at the point of sale store for carrying or transporting goods or items, This
definition includes single-use carry-out bags.

h) Point-of-sale store refers to any store, retail/wholesale establishment, kiosk, market
stall, supermarket, side-walk or ambulant vendor stalls, and other similar and
analogous businesses that trade or sell goods, items, and merchandise, whether
consumable or non-consumable.

i) Regyelable paper carry-out bag refers to a paper bag that meets all of the following

requirements:

Contains no old growth fiber;

One hundred percent (100%) recyclable overall and contains a minimum

of forty percent (40%) postconsumer recycled material without

lamination or wax;

iii, Capable of composting and is biodegradable;

iv. Accepted for recycling;

v. Has printed on the bag the name of the manufacturer, the location where
the bag was manufactured, and the percentage of postconsumer recycled
material used; and,

vi. Displays the words "Please Recycle” in a highly visible manner on the

outside of the bag:

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J) Reusable bag refers to any shopping bag used for carrying or transporting goods or
items, which can be used several times. This shall include those made of materials
such as cloth, colton, pandan, cheese cloth, coco cloth, abaca, buri, water lily, and the like,
and those made with recycled materials.

Such reusable bag shall also be specifically designed and manufactured for multiple
re-use and meets all of the following requirements:

i, Has a minimum lifetime of 125 uses, which for purposes of this subsection,

means the capability of carrying a minimum of 10 kilograms 195 times over «

distance of at least 50 meters;

Has a

Machine washable or capable of being cleaned and disinfected; and,

iv. 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 by the Department

inimum volume of 16 liters;

SECTION 4. Scope. - This Act shall apply to the manufacture, use, recycling, and
disposition of all plastic bags used in trade or commerce, in all establishments, stores,
outlets, point-of-sale areas, as well as cafeterias, canteens, and other food establishments
wherever located in the Philippines.

SECTION 5. Prohibition on the Use of Plastie Bags. — A point-of-sale store shall be
prohibited from providing the consumer with plastic bags for the purpose of carrying or
transporting items or products purchased by the said consumer.

SECTION 6. Exceptions. ~ Plastic bags solely used to contain the following are exempted
from the above - prohibition: i) fresh fish and fresh fish products; ii) fresh meat or fresh meat
products; and, iii) fresh poultry and fresh poultry products

Provided, that each plastic bag shall be subject to the levy as prescribed by Section &

Provided further, that the products above are not otherwise contained in primary plastic
packaging and where such plastic bags, with a minimum thickness of 100 microns, is capable
of being re-used for other usefull purposes

‘This exemption shall apply only for a period of (1) year from the effectivity of this Act

For the purposes of implementation of this Act, primary plastic packaging such as those
used to pre-pack food items above, and primary packaging used in the manufacturing of
finished products for sale in the general market shall be excluded from the prohibitions of
this Act.

SECTION 7. Phase-out of Plastic Bags. - The prohibition in Section 5 on the use of

plastic bags shall be in full force and effect within one (1) year from the effectivity of the
Act.

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SECTION 8. Levy for the Use in the Interim Period. — In the interim period, the

following shall be implemented and enforced:

a) Within six (6) months from the effectivity of this Act, only reusable bags,
recyclable paper carry-out bags, and/or biodegradable plastic bags shall be given
by point-of-sale stores for purchases made by consumers, The use of plastic bags
as defined in this Act shall be strictly prohibited.

b) Biodegradable plastic bags allowed under this Act shall have printed on the bag:
the name of the manufacturer, the location where the bag was manufactured, and
shall have the following clearly and legibly printed: “PLEASE RETURN TO
ANY DISTRIBUTING STORE AND RECYCLING CENTERS, or translated
in the applicable regional language, as the case may be.

©) Plastic bags already manufactured and in circulation in the general market shall
be collected, recycled, and properly disposed of by the manufacturers pursuant to

the provisions of this Act.

d) For each piece of biodegradable plastic bag or recyclable paper carry-out bag
used and given in (a) above, the point-of-sale store shall charge to the consumer
a minimum levy of five pesos (Php.5.00).

¢) The amount collected in (d) above by the point-of-sale store shall be reflected in
the official receipt of the consumer. 50% of the amount shall be kept by the point-
of-sale store to cover the cost of the reusable bags, while 50% shall be remitted to
the LGU with jurisdiction over the store to be used as a Special Environment
Fund created under this Act.

At the end of the six (6) month period in (a) above and upon full effectivity of this Act, the
further and continued use of biodegradable plastic bags shall be strictly prohibited, and only
reusable bags and/or recyclable paper carry-out bags shall be used at all point-of-sale stores
and other covered establishments. Point-of-sale stores and plastic manufacturers shall
ensure that biodegradable plastic bags in the general market are properly collected and
disposed of,

SECTION 9. Reeyeling of Used Plastic Bags. ~ Used plastic bags, when allowed by this
Act or those manufactured or used before the Act's effectivity, shall be recycled. It shall be
the duty of the plastic manufacturers to recycle the said plastic bags in a r
with existing laws, rules, and regulations, and ensuring that no harmful chemi
substances are released to the environment

als or

Point-of-sale stores shall serve as the collection points for used plastic bags. LGUs and
plastic manufacturers shall put systems and procedures in place for the proper collection of
the used plastic bags and its delivery to the recycling centers.

It shall be the responsibility of the manufacturers that plastic bags which they manufactured
are properly collected, recycled, and disposed of as the case may be.

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Manufacturers shall also maintain records describing the recovery, collection, transport,
recycling of plastic bags collected annually and shall make the records available to the
Department and/or the local government unit concerned, upon request, to demonstrate
compliance with this Act.

SECTION 10. Proper Disposal and Management of Plastic Wastes. ~ The disposal and
management of plastic wastes shall be done in accordance and pursuant to the provisions of
RA 9008.

‘The Department, in coordination with the Department of Science and Technology (DOST),
shall develop the appropriate standards for the disposal of plastic wastes, ensuring that zero
emissions are achieved and no harmful chemicals are released to the environment in the
process:

SECTION 11. Promoting the Use of Native Reusable Bags and Those Made with
Recycled Materials. ~ The use of native reusable bags made of organic materials such as
cloth, cotton, pandan, cheese cloth, coco cloth, abaca, buri, water lily, and the like, those made with
recycled materials, and reusable containers made of glass or non-toxic and hazardous
materials, shall be promoted and encouraged.

Point-of-sale stores shall be required to promote the use of reusable bags. Advertisements
and signages regarding the said promotion shall be placed in conspicuous places within the
premises of their store,

Point-of-sale stores shall also be mandated to provide for free and/or to offer for sale at a
reasonable price reusable bags as defined in this Act.

SECTION 12. Incentives for the Manufacture of Reusable Bags. — The manufacture of
reusable bags shall be supported and encouraged.

Individuals, cooperatives, partnerships, and corporations which engage in the manufacture
of reusable bags 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, or the Omnibus Investment Code of 1987, where
applicable. The DENR and DTI, in coordination with the Department of Finance, shall
provide technical and financial assistance to these manufacturers.

LGUs are encouraged and shall be allowed to provide additional benefits and incentives to
manufacturer of reusable bags within their jurisdiction, which shall be in addition to the
ts and incentives provided for in the previous paragraph.

bene

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.

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SECTION 18. Program for Affected Employees and Workers of the Plastic Industry. —
‘The DTI, the Technical Education and Skills Development Authority (TESDA), and the
Department of Labor and Employment (DOLE), in coordination with plastics
manufacturers, non-government and civil society organizations, and other concerned
stakeholders, shall conduct studies to determine the impact of this Act on affected plastic
industry employees and workers.

They shall develop a program for alternative livelihood opportunities for the affected
employees and workers, in areas such as recycling of used plastic products and cottage
industries for the manufacture of reusable bags, among others.

SECTION 14. Use of Reusable Bags and Paper Bags in lieu of Plastic Bags, Upon the
full implementation of this Act, point-of-sale stores shall be allowed to provide consumers
and customers with reusable bags as provided for in Section 11 of this Act, and paper bags
for purchased goods and items, provided that the paper bag is a recyclable paper carryout
bag as defined in this Act

A minimum levy of four pesos (Php. 4.00) per paper bag used shall be charged to the
consumer by the point-of-sale store.

SECTION 15. Lead Implementing Agency. — The Department shall be the lead
implementing agency for this Act. The Department shall closely coordinate with other
government agencies such as but not limited to the DTI, the Department of Health (DOH),
the Department of the Interior and Local Government (DILG), the Department of Public
Works and Highways (DPWH), the Department of Education (DepEd), DOLE, and
TESDA, among others.

SECTION 16, Role of the National Solid Waste Management Commission (NSWMC),
~The NSWMC created pursuant to Section 4 of RA 9003 shall, in addition to its functions
under the said law, aid and assist in the implementation and enforcement of its Act.

The NSWMC is hereby mandated to conduct studies to ensure the harmonious
implementation of this Act with RA 9003.

‘The concerned departments and agencies are hereby mandated and directed to provide the
necessary financial and manpower resources to enable the NSWMC to perform its
additional functions under this Act.

SECTION 17. Role of the Department of Science and Technology (DOST). — The
DOST shall conduct studies to determine the proper and environmentally acceptable kinds
of biodegradable plastic and paper bags. It shall include in the PNS 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.

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‘The DOST, in coordination with the National Ecology Center, shall provide the LGUs with
technical assistance, trainings, and continuing capability-building programs to attain the
objectives of this Act

‘The DOST shall also provide assistance to the Department and the manufacturers for the
implementation of this Act, particularly as regards the proper recycling and disposition of
used plastic bags, and developing more environmentally friendly types of plastic used as
primary packaging materials, among others

SECTION 18. Role of LGUs and Other Stakeholders, ~ LGUs shall have the primary
responsibility in the effort to decrease the percentage of plastic bag waste produced within
their respective jurisdictions. 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 but not limited to business groups, consumers groups, and non
government organizations are encouraged to support the implementation of this Act

‘The composition of the NSWMC under RA 9003 is hereby expanded to include, as a
member from the private sector, a representative from the cottage industry and
manufacturers of reusable and recyclable bags.

SECTION 19. Effect on LGU Ordinances Effective Before or After Effect
Act. ~ LGU ordinances in relation to this Act, such as bans and prohibitions on ti
plastic bags, promulgated and enforced prior to the effectivity of this Act shall remain valid
and subsisting, The said LGUs are encouraged to amend their respective ordinances to be in
line with the provisions and mandates of this Act.

ry of this

LGUs that do not have ordinances enacted upon the effectivity of this Act are also
encouraged to enact their respective ordinances to complement and implement the
provisions and implementation 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

SECTION 20. Compliance with Philippine National Standards (PNS). — Products and
items referred to in this act, such as plastic bags, reusable bags, and paper bags, shall
comply with the rules and processes of the Bureau of Product Standards of the DTI in
collaboration with the other relevant government agencies such as the DOH and DENR to
harmonize/upgrade with existing standards, where applicable.

SECTION 21. Labeling Requirements. - Plastic and paper products as defined and used
under this Act shall be appropriately and properly labeled to be biodegradable, non-
biodegradable, or recyclable, as the case may be, Labels shall also include the name of the
manufacturer, the location where the bag was manufactured, the percentage of

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Postconsumer recycled material used, and an indication of the materials, chemicals, and
substances used to manufacture the said product. Said products shall also comply with any
rules or regulations on product labeling as required by RA 7994, or the Consumer Act of
the Philippines.

‘The Department, in coordination with the DTI, shall determine the proper manner of
labeling, and shall periodically review the same. In addition, the DTI shall certify as true
and correct the labels used by manufacturers, and only those products with the proper
certification shall be allowed into the market.

Violators of this section shall be meted the same penalties as those provided for mislabeled
or improperly labeled products in RA 7394, and as the case may be, under RA $740, or An
Act to Penalize Fraudulent Advertising, Mislabeling, or Misbranding of Any Produc
Bonds, Stocks, ete., In addition, products not properly labeled shall not be allowed into the
market and shall be confiscated by the authorities concerned.

SECTION 22. Monitoring and Market Inspection. The Department and DTI, in
coordination with the LGUs and local law enforcement agencies, shall cause the regular and
routine inspection and monitoring of point-of-sale stores and facilities of plastic
manufacturers to determine compliance with this Act. Inspection and monitoring: shall
include the following:

a) Enter or access to the premises of operation and business, including storage
rooms and stockrooms;

b)_ Inspect off-site stor
and,

ige facilities, distribution centers, and transshipment points;

¢) Inspect sanitary landfills to determine if only residual plastic products are being
disposed of

SECTION 28. Certification. — The LGUs concerned, after the conduct of a thorough
examination and inspection, shall issue the necessary certificate to show whether or not the
point-of-sale store and the plastic manufacturer are compliant with the mandates and
directives of this Act.

‘The said LGU Certification shall be a requirement for the renewal of any local permits after
the effectivity of this Act.

SECTION 24. Information and Education Campaign. The Department, in coordination
with the LGUs, the DILG, the DepEd, the Commission on Higher Education (CHED), and
the Public Information Agency (PIA), shall conduct a continuing information and education
‘campaign on the proper regulation of plastic bags in the country.

Such campaign shall be incorporated in and shall be in addition to the publie information
and education campaign under Section 55 of RA No. 9003.

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SECTION 95. Penalties and Sanctions. — Violations of this Act shall be imposed the
following penalties:

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

First Offense ~ A fine of five thousand pesos (Php. 5,000.00);
‘Second Offense — A fine of twenty five thousand pesos (Php. 25,000.00) and
suspension of its business permit for three (3) months;
ili, ‘Third Offense — A fine of fifty thousand pesos (Php. 50,000.00) and
suspension of its business permit for one (1) year; and,
iv. Fourth Offense ~ A fine of one hundred thousand pesos (Php. 100,000.00)
and permanent suspension of 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 in
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 its business in the LGU concerned.

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

i. First Offense—A fine of fifty thousand pesos (Php. 50,000.00);

ii, Second Offense — A fine of one hundred thousand pesos (Php. 100,000.00)
and suspension of its business permit for three (3) months

iii, 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,

iv. Fourth Offense ~ A fine of five hundred thousand pesos (Php. 500,000.00)
and permanent suspension of 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 in
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 its business in the LGU concerned.

If the offender in (a) or (b) above is 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:

In addition, if the offender in (a) or (b) above is a foreigner or a foreign juridical entity,
he/she shall, after payment of the fine, be summarily deported and forever banned from
entering the country.

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SECTION 26. Administrative Sanctions. - Local government officials and officials of
government agencies concerned who fail to comply with and enforce this Act shall be
administratively charged in accordance with RA 7160 and other existing laws, rules, and
regulations.

SECTION 27. LGU Special Environmental Fund for Plastic Bag Regulation. ~ A
Special Environmental Fund for Plastic Bag Regulation (hereinafter referred to as the
Fund) is hereby created, to be composed of levies, fees, and fines collected pursuant to the
implementation and enforcement of this Act

‘The Fund shall be exclusively used for the following:

a) Improve the capacity of LGUs, and local law enforcement agencies for the
mplementation of this Act;

b) Conduct of information and education campaigns on plast
related environmental awareness measures;

ie bags regulation and

©) Assistance and provision of incentives for manufacturers and community-based
initiatives for the production of native reusable bags, as well as for non-
government and civil society organizations promoting proper solid waste
management; and,

d) Additional provisions for the Solid Waste Management Fund under RA 9003.

SECTION 28. Appropriations. — Such amount as may be necessary to implement the
provisions of this Act is hereby included in the annual appropriations of the DENR and
other implementing agencies under the General Appropriations Act (GAA),

SECTION 29. Access to Information/Public Disclosure Requirements. ~ The public
shall have access to records, reports, or information concerning the implementation and
mandates of this Act

Such documents shall be available for inspection or reproduction during normal business
hours; Provided, that the DENR or the concerned LGU may consider a record, report or
information or particular portions thereof confidential and may not be made public when
ch 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:

ions of this Act or
il, criminal, or

SECTION 30, Citizens Suit. ~ For the purposes of enforcing the provi
its implementing rules and regulations, any citizen may file an appropriate
administrative action in the proper courts/bodies against:

a) Any person who violates or fails to comply with the provisions of this act and its

implementing rules and regulations;

b) The department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this act;

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©) 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 after a thirty-
day (80) 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-enforcement or violation complained of, exempt the
intifffrom the filing of an injunction bond for the issuance of preliminary injunction,

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

SECTION $1. Suits and Strategic Legal Action against Public Participation (SLAPP).
~ Where a suit is brought against a person who filed an action as provided in Section 28 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
nation within not exceeding thirty (90) days whether said legal action has been filed
to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining
or enforcing the provisions of this act. Upon determination thereof, evidence warranting. the
same, the court shall dismiss the case and award the attorney's fees and double damages

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

SECTION 2. Congressional Oversight Committee, — ‘The Joint Congressional
Oversight Committee created under Section 60 of RA No. 9008 shall also have the power to
monitor and evaluate the implementation of this Act.

SECTION 99. Implementing Rules, ~ The Department, in coordination with the DTI,
DILG, and the concerned government agencies and representatives of LGU organizations
shall issue the Implementing Rules and Regulations within sixty (60) days after the
effectivity of this Act.

“CTION $4. Construetion. — ‘The best interests of the consumer and the right to a
healthful and balanced ecology shall be considered in the construction and interpretation of
this act and it's implementing rules and regulations (IRR).

SECTION 35. Separability Clause. — If, for any reason, a provision or part hereof is

declared invalid or unconstitutional, the other provisions not affected thereby shall remain
in full force and effect.

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SECTION 36. Repealing Clause. — All laws, decrees, executive issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repeale«,
amended, or modified accordingly.

SECTION 97, Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in any newspaper of general circulation.

Approved,

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