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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NTH CONGRESS,
Regular Session

NINET
Firs

1206

HOUSE BILL NO. 2&°

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

EXPLANATORY NOTE

From 2013 to 2014, a foreign company imported more than 100 shipping
containers to the Philippines. The company claimed the containers had recyclable
materials in it but actually contained 2,500 tons of garbage — most of which were
unrecyclable plastic wastes."

The garbage was later shipped back to the country of origin, but only after years
of widespread outrage from Filipinos and diplomatic pressure from the Philippine
government. That incident, however, was not the last time foreign garbage was brought
into Philippine shores. In 2018, the Philippines received 11,800 tons of imported
plastic waste. In 2019, the DENR banned waste-related imports for three months.’ To
date, the Philippines has yet to enact permanent measures to ban the importation of
plastic waste. Failing to do so would make the country at risk of becoming the world’s
trash can for plastic.

Although it seemed that both RA 6969° and RA 9003* already cover the
prohibition on the importation of wastes, particularly unrecyclable plastic, there is a
need to remove all doubts and cover all possible loopholes to proscribe this practice and
penalize all who may be involved or remiss with their duties in the entry of such
materials to the country.

' Gutierrez, J. (2019, May 23). Canada Agrees to Take Back Trash Sent to Philippine Years ago. New
York Times. https://w ww ny times.com/2019/05/23/world/asia/philippines-canada-trash.html.

2 Endo, J. 2019, September 14). Philippine slams the door on world’s plastic waste. Nikkei Asian
Review
httpsi/asia.nikkei.com/Spotlight/Environment/Philippines-slams-the-door-on-world-s-plastic-wast
* Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.

* Ecological Solid Waste Management Act of 2000


In viewof the foregoing, the approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

1206

HOUSE BILL NO. *

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

AN ACT
PROHIBITING THE IMPORTATION OF PLASTIC WASTE,
THEREBY AMENDING R.A. NO. 9003, OTHERWISE KNOWN AS THE
ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

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

Section 1. Section 48 of Republic Act No. 9003, otherwise known as the Ecological
Solid Waste Management Act of 2000, is amended as follows:

“Section 48. Prohibited Acts. - The following acts are prohibited:
XXX

(17) THE IMPORTATION OF PLASTIC WASTE, WHETHER
RECYCLABLE OR OTHERWISE.”

FOR THE PURPOSE OF THIS ACT, PLASTIC WASTE
SHALL BE DEFINED AS THOSE SUBSTANCES THAT ARE
WITHOUT ANY SAFE, COMMERCIAL, INDUSTRIAL,
AGRICULTURAL OR ECONOMIC USAGE AND ARE
SHIPPED, TRANSPORTED OR BROUGHT FROM THE
COUNTRY OF ORIGIN FOR DUMPING OR DISPOSAL
INTO OR IN TRANSIT THROUGH ANY PART OF THE
TERRITORY OF THE PHILIPPINES.


Section 2. Penalties. —
|
a) The penalty of imprisonment of six (6) months and one day to
six (6) years and one day and a fine ranging from Five hundred
Thousand pesds (P500,000.00) to Ten Million Pesos
(P10,000,000.00) shall be imposed upon any person who shall
violate this Act and shall not be covered by the Probation Law. If the
offender is a foreigner, he or she shall be deported and barred from
any subsequent entry into the Philippines after serving his or her
sentence;

b) In case any violation of this Act is committed by a partnership,
corporation, association or any juridical person, the partner,
president, dieetpr ‘or manager who shall consent to or shall
knowingly tolerate such violation shall be directly liable and
responsible for the act of the employees and shall be criminally
liable as a co-prineipal;

c) In case the offender is a government official or employee, he or
she shall, in addition to the above penalties, be deemed
automatically dismissed from office and permanently disqualified
from holding any elective or appointive position,

d) If it is a forgign firm, the director and all officers of such
foreign firm shall be barred from entry into the Philippines, in
addition to the cancellation of its license to do business in the
Philippines; |

e) Every penalty imposed for the unlawful importation, entry,
transport, manufdeture, processing, sale or distribution of plastic
wastes into or within the Philippines shall carry with it the
confiscation and forfeiture in favor of the Government of the
proceeds of the) unlawful act and instruments, tools, or other
improvements andl ing vehicles, sea vessels, and aircrafts used in
or with which the offense was committed.

d. The person or firm responsible or connected with the bringing or
importation into the country of plastic wastes, as defined, shall be
under obligation, i cover all related expenses to transport or send
back said prohibited wastes;

Any and all means of transportation, including all facilities and
appurtenances that may have been used in transporting to the
Philippines of any significant amount of plastic wastes shall at the
option of the government be forfeited in its favor.


Section 3. Repealing Clause. — All laws, decrees, executive orders or rules and
regulations contrary to or| inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of the general circulation.

Approved,