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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
The Constitution, Article 11, Section 16 provides 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. 
The Philippines is facing growing environmental problems, such as global climate 
change, waste disposal, and air and water pollution. As such, Filipino consumers are willing to 
pay more for environment-friendly products. Environmental marketing claims convey 
information about products and influence purchasing decisions. Conveying accurate and reliable 
environmental information in environmental marketing claims will be of great use to the 
consumers, willing to change their purchasing patterns. 
However, environmental marketing claims are largely unregulated and can sometime be 
deceptive. Such claims exploit genuine consumer concern and may confuse customers, so as to 
impede the effectiveness of the use of legitimate environmental marketing claims that address 
environmental problems. 
This bills seeks to: (1) prevent the use of fraudulent, deceptive, and misleading 
environmental marketing claims; (2) empower consumers with reliable and consistent guidance 
to facilitate value comparisons with respect to environmental marketing claims; (3) establish 
uniform, accurate standards and definitions that reflect the best available manufacturing 
practices, products, and packaging; (4) encourage the development of innovative technologies 
and practices to be adapted by manufacturers in considering the environmental effects when 


producing products and packages; and (5) encourage both consumers and industry to adopt 
habits and practices that favor natural resource conservation and environmental protection.* 
* This bill was originally filed diiring the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF TI-IE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO ESTABLISH AN ENVIRONMENTAL MARKETING CLAIMS 
MONITORING PROGRAM 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION I. Short Title. - This Act shall be known as the “Environmental Marketing 
Claims Act.” 
SECTION 2. Definitions. - For the purposes of this Act, the term: 
(A) “Product” means any commodity, goods, or item distributed for promotional use, 
rent, lease, or sale, through retail or wholesale sales agencies or agencies or 
instrumentalities, €or consumption or use; 
(B) “Package” means the coating, covering, container, or wrapping used during a 
product life cycle, including any outer container, wrapping or label used in the retail 
display of any product; 
(C) “Life cycle” includes the extraction; processing and manufacturing; transportation 
and distribution; use; and management as waste of raw materials used in the 
manufacture of a product or package, and of the product or package; 
(D) “Environmental marketing claim” means any symbols or terms that are on a label, 
package, or product or that are used in promotion or advertising to inform consumers 
ahout the environmental impact or environmental attributes of a product or pacltage 
during any part of its life cycle; 
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(E) “Label” means any written, printed, or graphic material affixed to or appearing upon 
a product or package or appearing upon a shelf or display area that refers to a 
product or package; 
(F) “Secretary” means the Secretary of the Department of Trade and Industry; 
(G) “End product” means only those items that are designed to be used until disposal; 
items designed to be used in production of a subsequent item are excluded; 
(H) “Post-consumer material” means only those products or packages generated by a 
business or consumer, as defined by the Secretary, which have served their intended 
end uses, and which have been separated or diverted from solid waste except that 
such term shall no include wastes generated during the production of an end product; 
(I) “Pre-consumer material” means waste generated during production which cannot be 
returned to the same production process, nor used by the same parent company to 
make a product similar to the original product, nor used by another company to 
make a product similar to the original product, used by the same parent company to 
manufacture a different product, and includes all wastes generated during the 
intermediate steps producing an end product by succeeding companies; 
(J) “Secondary material” means any combination of pre-consumer and post-consumer 
material. 
SECTION 3. Environmental Labeling Regulatory Program. - The 
Secretary 
shall 
establish, by regulation, an environmental marketing claims regulatory program. The purposes of 
such a program shall be to carry out the provisions of this Act. 
SECTION 4. Independent Advisory Board. - The Secretary, by regulation, shall 
establish not later than 180 days after the date of enactment of this Act, an Independent Advisory 
Board, hereinafter the “Board”, to advise and make recommendations to the Secretary concerning 
the regulation of environmental marketing claims. 
(A) Membership. - The Board shall consist of fifteen (15) members, including four (4) ex 
ofjcio members, who shall be appointed by the Secretary as follows: 
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(1) Three (3) members who are recognized as consumer advocates, one of whom 
is a recognized expert in marketing or consumer perception; 
(2) Five (5) members representative of the industry and manufacturing, including: 
(a) One (1) retailer; 
(b) One (1) manufacturer; 
(c) One (1) recognized waste management expert in the private sector; 
and 
(d) One (1) end user of post-consumer materials; 
(3) Three (3) members representative of environmental organizations, of whom 
one member is a recognized expert in soil science or environmental 
toxicology; 
(4) Two (2) members , who shall serve ex officio, who are officers or employees 
of the government, and of whom: 
(a) One (1) member is recognized expert in consumer protection; and 
(b) One (1) member is recognized as a waste management, pollution 
reduction, or pollution prevention expert. 
(5) Two members, who shall serve ex officio, who are officers of employees of 
the Department of Environment and Natural Resources and who are involved 
in pollution prevention and waste management. 
Members of the Board serving ex officio shall have no vote. The Chairman of the Board 
shall be designated by the Secretary. The Board shall meet at the call of the Secretary or the 
Chairman. 
(B) Administrative Mutters. - The Board shall conduct its business in open meetings, 
subject to any requirement for privacy in personal matters and review of confidential information 
under any provision of law, and may hold hearings to seek public comment and participation in 
formulating recommendations for the definitions and standards described in Section 5(A). 
Members o€ the Board who are not otherwise employed by the Government may be 
allowed travel expenses, including per diem in lieu of subsistence, as determined by the 
Secretary and subject to the applicable laws. 
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(C) Annual Report. -. Not more than 180 days after the initial meeting of the Board, and 
annually thereafter, the Chairman of the Board shall submit to the Secretary a report that outlines 
the activities and recommendations of the Board relating to the items described in Section 5. The 
initial report shall include the recommendations described in Section 5(A). 
SECTION 5. Regulation of Environmental Marketing Claims. - 
(A) Recommendations by the Board. - Recommendations by the Board to the Secretary, 
shall include definitions and standards to be used in regnlating environmental marketing claims 
on a national basis. In making such recommendations, the Board shall consider available studies, 
standards, and other information that the Chairman of the Board determines to be appropriate. 
(B) Final Recommendations. - The Secretary, after considering the recommendation of 
the Board described in paragraph (A), shall, not later than 18 months after the date of the 
enactment of this Act, promulgate final regulations governing the use of environmental 
marketing claims, including statements to the effect that a product or package is: 
(1) Source reduced; 
(2) Refillable; 
(3) Reusable; 
(4) Recyclable; 
(5) Has recycled content; 
(6) Compostable; 
(7) Ozone neutral; 
(8) Nontoxic; or 
(9) Otherwise related to an environmental impact or attribute, as determined by 
the Secretary. 
In promulgating the regulations described above, the Secretary shall ensure that an 
environmental marketing claim shall be related to a specific environmental impact or attribute, as 
determined and defined by the Secretary, in such manner as to ensure that such environmental 
marketing claim is not false: misleading, or deceptive except that this shall not preclude the use 
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of general environmental seals of approval awarded according to objective criteria that promote 
environmentally preferable products and packages, as determined by the Secretary. 
In promulgating such regulations pursuant to paragraph (B), the Secretary shall likewise 
ensure that with respect to an environmental marketing claim, such claim has been substantiated 
on the basis of the best available scientific information. 
In promulgating regulations pursuant to paragraph (B), the Secretary shall also assign a 
product to a category or subcategory for the purpose of such regulations according to the the 
composition of the product; and the packaging of the product. 
In establishing product categories for the purposes of the regulations, as described in 
paragraph (B), the Secretary may establish a category on the basis of the function of the product. 
In promulgating the regulations described in paragraph (B), the Secretary shall ensure 
that environmental marketing claims shall make a clear distinction between tlie product and any 
accompanying packaging unless the claim applies to both. 
(C) Requirements of Final Regulations. - The Secretary shall include the following 
requirements in the final regulations described in paragraph (B): 
(1) An environmental marketing claim relating to recycled content shall bused 
only in connection with a product or package containing post-consumer 
materials and, except as provided in subparagraph (2), the post-consumer 
materials shall equal a minimum rate of 25 percent prior to the year 2005, and 
a minimum rate of 50 percent (by weight on or after the year 2005 of the 
product content or package composition; 
(2) Notwithstanding the above, an environmental marketing claim relating to 
recycled content may be used in connection with a product or package that 
contains a percentage of post-consumer or secondary inaterials that is less 
than the percentage specified in subparagraph (1); if a manufacturer, retailer, 
or distributor, or other person responsible for the use of such environmental 
marketing claim, as determined by the Secretary, includes in such claim a 
sentence in which tlie terms described in the regulation promulgated under 
Section 5 arc displayed no more prominently than other words in the sentence 
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that states the percentage by weight and by volume of post-consumer and 
secondary materials used in such product or package; 
(3) An environmental marketing claim relating to the recyclable nature of a 
product or package shall be used only in connection with a product or package 
for which a manufacturer, retailer, distributor, or other person responsible for 
the use of such environmental marketing claim, as determined by the 
Secretary, is able to demonstrate, to the satisfaction of the Secretary, that such 
product or package shall be recycled, at a minimum rate of 25 percent prior to 
the year 2005; 
(4) An environmental marketing claim relating to the reusable or refillable nature 
of a product or package shall be used only in connection with a product or 
package that is reused for the original purpose of the product or package, an 
average of five times or more, as determined by the Secretary; 
(5) An environmental marketing claim relating to the compostable nature of a 
product or package shall be used only in connection with a product or package 
for which a manufacturer, retailer, distributor, or other person responsible for 
the use of such environmental marketing claim, as determined by the 
Secretary, that such product or package shall be composted, at a minimum rate 
of 25 percent prior to the year 2005 and at a minimum rate of 50 percent on or 
after the year 2005 of all such products or packages, in a solid waste disposal 
system, including a composting solid waste disposal system, in which the 
compostable nature of the product is a desirable and environmentally 
significant characteristic (as defined by the Secretary; and such product or 
package will not release toxic materials or any other materials that may 
otherwise be harmful to humans, other organisms or natural ecological 
processes, as defined by the Secretary. 
(D) Additional Regulations. - 7lie Secretary may, at any time after the date of the 
promulgation of the regulations required under paragraph (B), promulgate such additional 
regulations as the Secretary determines, to be necessary to carry out the purposes of this Act. 
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In reviewing the regulations described in paragraph (B) or in any additional regulations 
promulgated under this subsection, the Secretary shall determine whether it is appropriate to 
promulgate additional regulations to: 
(1) Reflect the best available use and the best available technology that will 
encourage higher perlormance levels in products and packaging in meeting 
the objective of reducing negative environmental impacts and improving 
environmental attributes; and 
(2) Reflect the most recent scientific and practical knowledge of technological 
advances and improvements (as determined by the Secretary) in 
manufacturing techniques and waste management. 
Not later than three (3) years after the date of the promulgations of the final regulations or 
any additional regulations promulgated under this subsection, and every three (3) years 
thereafter, the Secretary shall review such regulations. 
An interested individual, including a representative of industry, and interested citizen, or 
a representative of an environmental organization, may petition the Secretary to initiate 
rulemaking procedures with respect to promulgating additional regulations under this Section. 
Not later than sixty (60) days after receiving a petition described above, the Secretary 
shall determine whether to accept or deny the petition and shall publish the petition in at least 
two newspapers of general circulation, along with an explanation of the reasons for such 
determination. 
SECTION 6. Certification. - 
(A) Filing of a Certification. - Not later than six (6) months after the date of the 
promulgatjon of any regulation under Section 5, any manufacturer or any other person who 
intends to use an environmental marketing claim for which the Secretary has promulgated a 
regulation shall first submit a certification to the Secretary that the environmental marketing 
claim intended to be used meets the requirements of this Act. Such certification shall be in such 
form as the Secretary shall prescribe by regulation and shall contain such information as the 
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(B) Disapproval Of Certzjkation. - The Secretary may, at any time, disapprove the 
certification provided under paragraph (A) if the Secretary determines that the environmental 
marketing claim that the manufacturer or other pcrson intends to use does not meet the 
requirements of the regulations promulgated under Section 5 of this Act. 
(C) Recertification. -- Any person using an environmental marketing claim shall resubmit 
a certification to the Secretary that the environmental marketing claim used meets the 
requirements of the Act if: 
(1) Changes have been made in the product or package that would affect its 
ability to meet the regulatory requirements of the environmental marketing 
claim previously used for such a product or package; or 
(2) New regulations have been promulgated under this Act relating to the 
environmental claim being used. 
Such recertification shall be submitted to the Secretary within six (6) months of the 
occurrence of either event described in subparagraphs (1) and (2) above. 
SECTION 7. Prohibition. - It shall be unlawful for any person to fail or refuse to comply 
with any regulation promulgated under Section 5(b) of this Act; or any order issued by the 
Secretary to carry out any regulation. It shall likewise be unlawfd for any person to use an 
environmental marketing claim €or which the Secretary has issued a regulation under Section 5 if 
the person has failed to file a certification as required by Section 6; or the Secretary has 
disapproved a certification under Section 6. 
SECTION 8. Penalties. - 
(A) Civil. - Any person who violates a provision of Section 7 of this Act shall be liable to 
the Philippine Government for a civil penalty in an amount not to exceed One Hundred 
Thousand Pesos (PlOO,OOO.OO) for each such violation. Each day such a violation continues 
shall, for the purpose of this subsection, constitute a separate violation of Section '7 of this Act. 
A civil penalty for a violation of Section 7 of this Act shall be assessed by the Secretary 
by an order made on the record a€ter opportunity for a hearing in accordance with regulations as 
determined by the Secretary, Before such an order, the Secretary shall give written notice to the 


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person to be assessed a civil penalty under such order, of the Secretary’s proposal to issue such 
order and provide such person an opportunity to request, within fifteen (15) days from the date of 
notice is received by such person, such as a hearing on the order. 
In determining the amount of a civil penalty, the Secretary shall take into account the 
nature, circumstances, extent, and the gravity of the violation, and with respect to the violator, 
ability to pay, effect on ability to continue to do business, any history of prior related violations, 
the degree of culpability, and such other matters as the Secretary determines to be appropriate. 
Any person who has requested a hearing with respect to the assessment of a civil penalty, 
may file a petition for judicial review of such order with the Regional Trial Court in the place 
where such person resides or transacts business. Such a petition may only be filed within the 30- 
day period beginning on the date the order making such assessment was issued. 
If a person Fails to pay an assessment of a civil penalty after the order making the 
assessment has become a final order and if such person does not file a petition for judicial review 
of the order; or after a court in an action has entered a final judgment in favor of the Secretary; 
the Solicitor General shall recover the amount assessed, including interest at currently prevailing 
rates from the date of the expiration of the 30-day period or the date of such final judgment, as 
the case may be, in an action brought in any appropriate Regional Trial Court. In such action, the 
validity, amount and appropriateness of such penalty shall not be subject to review. 
(B) Criminnl. - Any person who knowingly or willfully violates any provision of Section 
7 of this Act, shall, in addition to or in lieu of any civil penalty which may be imposed under 
paragraph (A) of this Section for such violation, be subject, upon conviction, to a fine of not 
more than One Hundred Thousand Pesos (PlO0,OOO.OO) for each day of violation, or to 
imprisonment for not more than 1 year, or both. 
Not later than December 1 of the year in which this Act is promulgated, and December 1 
of each fifrh calendar year thereafter, the Secrctary shall prescribe and publish in at least two (2) 
newspapers of general circulation, a schedule of maximum authorized fines that shall apply for 
violations that occur after January 1 of the year immediately following such publication. 
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SECTION 9. Citizens Suits. - 
(A) In General. - Except as provided in paragraph (B), any person may commence a civil 
action against: 
(1) Any person who is alleged to he in violation, including the Government of the 
Philippines, to the extent allowable by law; or 
(2) The Secretary, to compel him to carry out ministerial duties assigned to the 
him under this Act. 
Any civil action under this subsection shall be brought in the Regional Trial court of the 
district in which the alleged violation occurred, or where the defendant resides or where the 
defendant’s principal place of business is located. The Regional Trial Court shall have 
jurisdiction over suits brought under this section, without regard to the amount in controversy or 
the citizenship of the parties. The Court shall have jurisdiction to order all necessary iujunctive 
relief and to impose any civil penalty. 
(B) Limitations. -No civil action may be commenced to restrain any violation of Section 
7 of this Act before the expiration of sixty (60) days after the plaintiff has given notice of such 
violation to the Secretary and the person who is alleged to have committed such violation if: 
(1) The Secretary has commenced a proceeding a proceeding for the issuance of 
an order to require compliance with the regulation or requirement and is 
diligently pursuing such proceeding or has issued an order to carry out the 
regulation or requirement described in Section 7 and is diligently pursuing the 
enforcement of such order; or 
(2) The Solicitor General has commenced a civil action in a court of the Republic 
of the Philippines to require compliance with the regulation requirement and 
is diligently prosecuting such civil action. 
No civil action may be recommended against the Secretary under paragraph (A) before 
the expiration of a 60-day period after the plaintiff has given notice to the secretary of the alleged 
failure of the Secretary to perform an act or duty which is the basis for such action. 
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(C) Intervention. -- tf a proceeding or civil action is commenced by the Secretary or the 
Solicitor general after the giving of notice by a person other than the Secretary or Solicitor 
General, such person may intervene as a matter of right in such proceeding or action. 
In any action under this section, the Secretary or the Solicitor General, if not a party, may 
intervene as a matter of right. 
(D) Notice. - Notice under this section shall be given in such manner as the Secretary 
shall prescribe by regulation. 
(E) Attorney Fees and Court Costs. - The court, in issuing any final order in any action 
brought under this Act, may award costs of suit and reasonable fees for attorneys and expert 
witnesses, if the court determines that such award is appropriate. 
(F) Consolidation. - When two or more civil actions brought under involving the same 
defendant and the same issues or violations are pending in two or more judicial districts, such 
pending actions may be consolidated and tried as provided for in the Rules of Court. 
SECTION 10. Public Information Campaign. - The Secretary shall conduct a public 
information and education campaign, including public service advertising, in order to enable 
consumers to: 
(A) Recognize environmental marketing claims regulated under this /act and be able to 
distinguish them from other environmental marketing claims; 
(B) Have information about the criteria used by the Secretary in establishing standards 
and definitions for environmental marketing claims, and 
(C) Have a better understanding about the effects that products and packages can have 
on the environment. 
SECTION 11. Statutory Construction. - 
(A) Right to Seek Enforceinent. - Nothing in Section 9 shall restrict any right which any 
person or class of persons may have under any other statute to seek enforcement of any 
regulation promulgated under Section 5 of this Act. 
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(B) Actions against Advertisers. -Nothing in this Act shall be construed so as to alter the 
right under any other provision of law of a person or government to commence an action against 
an advertiser related to the use of false or misleading environmental marketing claims. 
(C) Standards. - Nothing in this Act shall be construed so as to prohibit the government 
form enacting and enforcing a standard or requirement with respect to the use of an 
environmental marketing claim that is more stringent than a standard or requirement relating to 
an environmental marketing claim established or promulgated under this Act. 
SECTION 12. Appropriations. -To carry out the provisions of this Act, such sum as may 
be necessary is hereby authorized to be appropriated €room the National Treasury. Thereafter, the 
sum necessary €or the continuous operation of the program shall be included in the annual 
appropriation of the Department of Trade and Industry. 
SECTION 13. Separabili& Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision shall remain valid and subsisting. 
SECTION 14. Repealing Clause. - Any law, presidential decree, issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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