Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. _4083

Introduced by Representative Lorenz R. Defensor

EXPLANATORY NOTE

This bill prohibits the use of plastics, other non-biodegradable materials,
and hazardous substances in advertising goods, services, or events, including
election propaganda.

Section 16, Article II of the 1987 Constitution states:

“Sec. 16. 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 accordance with the foregoing constitutional provision, the State shall
promulgate measures to protect and preserve the environment, and promote
public awareness on the need to reduce the ecological impact of plastics, other
non-biodegradable materials, and hazardous substances on the environment,
particularly those used in advertising goods, services, or events, including
election propaganda.

Advertising materials such as billboards, posters, banner ads, streamers,
pamphlets, leaflets, decals, stickers, and other similar materials have been
utilized by businesses, organizations and individuals to promote their products
or goods, services, or events, and also by political parties to promote the
candidacy of their members or their organization during elections. These
materials have been used for many years now and have significantly contributed
to the adverse impacts on the environment. They represent a great part of our
country’s waste which usually ends up in landfills and disposal sites which are
neither safe nor compliant to the standards set by Republic Act No. 9003, also
known as the “Ecological Solid Waste Management Act of 2000.” Many of
these materials also end up in streams, rivers, canals, and drainage systems and



contribute to the cause of flooding. Significant quantity of these materials also
reach the seas and oceans contributing to water pollution, destruction of marine
ecosystems, as well as death of various species of fish and marine life.

This proposed measure seeks to prohibit and penalize any person who
uses plastics, other non-biodegradable materials, and hazardous substances in
advertising goods, services, or events, including election propaganda. It is
hoped that this proposed measure would contribute to lessening the causes of
the environment’s degradation.

In view of the foregoing, approval of this bill is earnest!

LORE#Z R. DEFENSOR


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. __£083

Introduced by Representative Lorenz R. Defensor

AN ACT
PROHIBITING THE USE OF PLASTICS, OTHER NON-
BIODEGRADABLE MATERIALS, AND HAZARDOUS SUBSTANCES
IN ADVERTISING GOODS, SERVICES, OR EVENTS, INCLUDING
ELECTION PROPAGANDA, AND PROVIDING PENALTIES
THEREFOR

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

SECTION 1. 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. Towards this end, the State
shall promulgate measures to reduce the impact of plastics, other non-
biodegradable materials, and hazardous substances on the environment,
particularly those used in advertising goods, services, or events, including
election propaganda.

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

(a) Advertising refers to the act of giving notice, announcing, or

promoting a product, service, or event to the public through the use of


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billboards, posters, banner advertisements, pamphlets, leaflets, decals, stickers,
and other printed materials for the purpose;

(b) Environmentally acceptable refers to the quality of being re-usable,
biodegradable or compostable, recyclable and not toxic or hazardous to the
environment,

(c) Non-biodegradable materials refer to inorganic substances with
chemical and physical properties which prevent immediate decomposition by
exposure to the natural environment;

(d) Plastics refer to polymeric materials that are capable of being molded
or shaped by application of heat or pressure; and

(e) Election propaganda refers to any matter published, printed,
displayed or exhibited in a printed material, which contains the name, image,
logo, brand, insignia, color motif, initials, and other symbol or graphic
representation that is capable of being associated with a candidate, and is
exclusively intended to draw the attention of the public or a segment thereof to
promote or oppose, directly or indirectly, the election of the candidate or
candidates to a public office.

SEC. 3. Prohibited Advertising and Election Propaganda Materials. —
The use of plastics, other non-biodegradable materials, and hazardous
substances in advertising goods, services, or events, including election
propaganda, is prohibited.

All plastics, other non-biodegradable materials, and hazardous substances

used in advertising goods, services, or events, including election propaganda,
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shall be gradually phased out within one (1) year from the effectivity of this
Act. Thereafter, the use of these materials and substances shall be prohibited
and only advertising materials which are environmentally acceptable shall be
allowed.

SEC. 4. Penalties. — (a) Any person, whether natural or juridical, who
uses plastics, other non-biodegradable materials, and hazardous substances in
advertising goods, services, or events, including election propaganda, shall
suffer the penalty of imprisonment of not less than one (1) year and one (1) day
to six (6) years, or a fine of not less than One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) or both, and shall
not be subject to probation; and

(b) If the offender is a juridical entity, the highest ranking official,
members of its board of directors or trustees, or any other official who
authorized the violation shall suffer the penalty imposed under this Act. In
addition, the business permit shall be suspended for one (1) year for the first
offense and revoked for subsequent offenses.

SEC. 5. Lead Agency. — The Department of Environment and Natural
Resources (DENR) is the lead agency responsible for the implementation of the
provisions of this Act. The DENR shall coordinate with other government
agencies including the Department of Trade and Industry, Department of the
Interior and Local Government, and the Commission on Elections
(COMELEC) for the effective implementation of this Act. They shall

endeavor to create public awareness on the negative impact to the environment
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of plastics, other non-biodegradable materials, and hazardous substances used
in advertising goods, services, or events, including election propaganda.

The Secretary of Environment and Natural Resources shall furnish the
Secretary of Trade and Industry, the Secretary of the Interior and Local
Government, and the Chairperson of the COMELEC with the updated list of
toxic substances and hazardous wastes pursuant to Section 4(a) of Republic Act
No. 6969, otherwise known as the “Joxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990.”

SEC. 6. Implementing Rules and Regulations. ~ Within sixty (60) days
from the effectivity of this Act, the Secretary of Environment and Natural
Resources shall, in consultation with the Department of Trade and Industry, the
Department of Interior and Local Government and COMELEC, issue the
necessary rules and regulations for the effective implementation of this Act.

SEC. 7. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations, and other issuances, or any part thereof
inconsistent with the provisions of this Act are hereby repealed, modified, or
amended accordingly.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general publication.

Approved,