EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 
880
fx '  
ai (I)f !i)i. I rtnrp
■19 
AUG-7 PI 57
Introduced by Senator Manuel "Lito" M. Lapid
Rt.
AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION, U ^H, 
RECOVERY, 
COLLECTION, 
RECYCLING 
AND 
DISPOSAL OF 
PLAS 
PRODUCTS
EXPLANATORY NOTE
Plastic touches all of our lives, but many of the plastics we touch in our daily 
lives are used once and thrown away. Production of plastic in 1950 is only 2 million 
metric tons per year. Since then, the annual production has increased rapidly 
reaching 350 million metric tons which is nearly equivalent to the weight of the 
entire human population. 1
Filipinos heavily rely on plastic bags for the convenience they bring to our 
lives. However, the economic, environmental and health costs they incur must be 
taken into account. Philippines has become the world's third largest source of plastic 
leaking into the ocean and has among the highest trash collection rates in Southeast 
Asia. Seventy-nine percent (79%) of branded plastic residual wastes come from food 
packaging, followed by household and personal care products. 2Filipinos use more 
than 163 million plastic sachet packets, 48 million shopping bags, and 45 million thin 
film bags daily.3
1 hUps;//ourworldindata.org/plastic-pollution
2 https://www.philstar.com/headlines/2018/06/15/1824813/philippines-3rd-largest-contributor-ocean-plastic
3 https://www.esquiremag.ph/life/health-and-fitness/philippines-plastic-pollution-statistics-a00288-20190308


This proposed measure seeks to curtail the usage of non-biodegradable, non- 
reusable, and non-recyclable plastic products which has adverse effects not only to 
our environment but also our health and economic conditions. Further, it aims to 
promote a shift toward the biodegradable plastic bags, especially the locally-made 
ones such as bayong, bull, and other reusable bags made of abaca and other 
organic materials.
In view of the foregoing, the passage of this measure is earnestly sought.
L "LITO " M. LAPID
Senator 
\— \


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
SENATE
s. No. 880
'  tl ilj.’ 
f.'i. P
•19 AUG-7 PI 57
Introduced by SENATOR MANUEL LITO M. LAPID
AN ACT
REGULATING THE PRODUCTION, IMPORTATION, SALE, PROVISION USE 
RECOVERY, COLLECTION, RECYCLING AND DISPOSAL OF PLASTIC PRODUCTS
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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SECTION 1. Short Title. 
-  This Act shall be known as the “Plastic Products 
Regulation Act”.
SECTION 2. Definition of Terms.- For the purpose of this Act;
(a) 
Biodegradable plastic product refers to a plastic product that degrades 
and attain molecular structure suited for biodegradation that results from the action 
of naturally occurring microorganisms within the parameters established pursuant to 
this Act: Provided, That the materials therefor shall not significantly affect food
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security programs of the government. (Note: refer to PNS definition)
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(b) 
Commercial establishment refers to an establishment or cluster of
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establishments engaged in commerce or sales of goods or services including, but
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not limited to, market stores, shopping mall outlets, supermarkets, department 
stores, groceries, convenience stores, food chains, restaurants, cafes, bars, sari- 
sari stores, vendors and the like.
(c) 
Operator refers to a person or group of persons in control of, or having 
daily responsibility for, the daily operation of a commercial establishment which may 
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include, but not limited to, the owner of the store.
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(d) 
Plastic bag refers to a polymer bag designed to be provided or utilized at 
the point of sale for carrying and transporting goods.
(e) 
Plastic products refers to disposable plastic plates, cups, utensils, cutlery 
and food containers, including plastic bags used by commercial establishments.
(f) 
Reusable bag refers to a washable bag, a bayong or any shopping bag 
used for carrying and transporting goods, which bags are made of organic or non- 
organic materials and can be used several times.
SECTION 3. Biodegradable Plastic Products for Basic Services.- Six (6) months 
after the effectivity of this Act, 
commercial establishments shall 
provide 
biodegradable plastic products to their consumers: Provided, That they shall 
promote and/or make available for sale locally-made bayong, buli and other 
reusable bags that are made of abaca, water lily and other organic or compostable 
materials: Provided, further. That establishments may still provide other plastic bags 
as sanctioned under Section 5 of this Act.
A biodegradable plastic product shall have indicated or displayed on it in a 
manner visible to the consumer, a logo showing that it is a biodegradable plastic 
product as well as the manufacturing date and name of manufacturer and 
distributor, and words “RETURN FOR RECYCLING” and other markings in conformity 
to existing Philippine National Standards.
The Department of Trade and Industry (DTI), in coordination with the 
Department of Environment and Natural Resources (DENR), Department of Science 
and Technology (DOST), leagues of local government units (LGUs), National Solid 
Waste Management Commission (NSWMC), and other government and private 
agencies and organizations concerned shall, within six (6) months from the 
effectivity of this Act, promulgate the appropriate Philippine National Standard (PNS) 
for biodegradable plastic products: Provided, That the DTI shall consider in the PNS 
the effective reusability and recyclability of these products.
In any case, products using materials other than plastic which are practically 
not reusable, recyclable or safe to be in contact with food shall not be allowed one 
(1) year following the effectivity of this Act.
SECTION 4. In-Store Recovery Program.- Within sixty (60) days after the 
effectivity of this Act, the operator or cluster of operators of commercial


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establishments that provide plastic products to consumers as part of a purchase at 
retail, shall establish an in-store recovery program that will give their customers an 
opportunity to return their used plastic products to the commercial establishments 
from which the plastic products originated.
An in-store recovery program provided by the operator of said commercial 
establishment shall include the following:
(a) 
A plastic products recovery bin shall be placed at each commercial
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establishment or cluster of establishments and shall be visible, easily accessible to
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the customer, and clearly marked that the recovery bin is available for the purpose
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of collecting recyclable plastic products or disposed through industrial treatment
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facilities;
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(l:)) A,, p!astic products recovered by the commercial establishment shall be
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collected by the barangays, transported, and, whenever practicable, recycled or
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disposed through industrial treatment facilities by the cities and municipalities
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pursuant to Section 8 of this Act.
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commercial establishment shall maintain records describing the
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recovery, collection, transport, and whenever applicable, recycling and disposal to
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industrial treatment facilities of plastic products collected for a minimum of three (3)
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years, and every year thereafter. It shall make the records available to the DTI
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and/or LGU, upon request, to demonstrate compliance with this Act. The LGU
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concerned shall likewise maintain records it has recovered, collected and
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transported for recycling or disposal to composting facilities, and shall make the
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records available to the DTI;
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commercial establishment shall require their customers to surrender
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an equivalent or practically equivalent plastic bag for the provision of a new plastic
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bag. Otherwise, the customer or consumer will be charged a fixed fee of Php 5.00
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per plastic bag, which fee shall be reflected in their receipts, and shall go to a
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special environmental fund. 
Manufacturers, distributors and exporters of the
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biodegradable plastic bags shall participate in this program as part of their extended
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producers responsibility initiatives.
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SECTION 5. Exemptions. -  Primary plastic packaging such as those used to
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pre-pack food items and primary packaging used in the manufacturing of finished


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products for sale in the general market, including those used to pack or contain 
items to be distributed in relief operations in times of calamities, shall be excluded 
from the prohibitions under this Act.
SECTION 6. Phaseout of Plastic Products- Notwithstanding the provision of 
Section 4 of this Act, non-biodegradable, non-reusable and non-recyclable plastic 
products shall be gradually phased out within a period of one year 
from the 
effectivity of this Act. Thereafter, production, importation, sale, distribution, provision
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or use of said plastic products shall be prohibited.
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SECTION 7. Program for Affected Employees and Workers of the Plastic
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Industry. -  The Department of Labor and Employment (DOLE), in coordination with
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DTI, shall conduct studies to determine the impact of this Act on affected plastic
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industry employees and workers.
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They shall develop a program for alternative livelihood opportunities, in
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coordination with Technology Education and Skills Department Authority (TESDA),
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plastic manufacturers, 
non-government and civil society organizations and
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institutions, for employees and workers in areas such as recycling or used plastic
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products and cottage industries for the manufacture of reusable bags among others.
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SECTION 8. Support for Affected Plastic Manufacturers. 
-  DTI, through the
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Board of Investments, shall develop benefits and programs to assist affected plastic
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manufacturers to buffer the impact of this Act on their industry, by creating
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incentives to facilitate their transition into the provision of goods and services that
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will support the implementation of this Act,
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SECTION 9. Monitoring and Market Inspections. 
-  The DENR and DTI, in
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coordination with the LGUs and local law enforcement agencies, shall cause the
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regular and routine inspection and monitoring of point-of-sale stores and facilities of
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plastic manufacturers to determine compliance with this Act. Inspection and
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monitoring shall include the following;
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(a) Entry or access to the premises of operation and business, including
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Storage rooms and stockrooms:
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(b) Inspect off-site storage facilities, distribution centers, and transhipment
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(c) Inspect sanitary landfills to determine if only residual plastic products are 
being disposed of.
SECTION 10. Role of the National Solid Waste Management Commission. -  
The National Solid Waste Management Commission (NSWMC), created pursuant to 
section 4 of Republic Act No. 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 the Republic Act No. 9003.
DENR is hereby mandated and directed to provide the necessary financial 
and manpower resources to enable the NSWMC to perform its additional functions 
this Act.
SECTION 11. Effect on LGU Ordinances Effective Before or After the Effectivity 
of this A c t- LGU ordinances in relation to this Act, such as bans and prohibitions on 
the use of plastic products, promulgated and enforced prior to the effectivity of this 
Act shall remain valid and subsisting. Provided, That, within one (1) year following 
the promulgation of this Act, LGUs shall issue or amend their respective ordinances 
in line with the provisions of this Act.
The provisions, mandates, and directives of this Act shall serve as minimum 
standards and stipulations for LGU ordinances.
SECTION 
12. Information and Education Campaign. -  The DENR, in 
coordination with the LGUs, Department of Interior and Local Government, 
Department of Education, Commission on Higher Education, and Public Information 
Agency, shall conduct a continuing information and education campaign on the 
proper regulation of plastic products in the country.
Such campaign shall be incorporated in and shall be in addition to the public 
information and education campaign under section 55 of Republic Act No. 9003.
SECTION 13. LGU Special Environmental Fund for Plastic Product Regulation. 
-  There is hereby created a Special Environmental Trust Fund for Plastic Product 
Regulation to be managed by the National Solid Waste Management Commission, 
hereinafter referred to as the Fund, 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:


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(a) Improve the capacity of LGUs, and local law enforcement agencies for 
the implementation of this Act;
(b) Conduct of information and education campaigns on plastics product 
regulation and related environmental awareness measures;
(c) Assist and provide incentives for manufactures and community-based 
initiatives for the product of native reusable bags, as well as for non-government 
and civil society organizations promoting proper solid waste management; and
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Additional provisions for the Solid Waste Management Fund under 
Republic Act No. 9003.
SECTION 14. Access to Information. -  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 concerned LGU may consider a 
record, report or information or particular portions thereof confidential and may not 
be made public when such 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.
SECTION 15. Citizens Suit. -  For the purposes of enforcing the provisions of 
this Act or its implementing rules and regulations, any citizen may file an 
appropriate civil, criminal, or 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; or
(b) The department or other implementing agencies with respect to orders, 
rules and regulations issued inconsistent with this Act; and/or
(c) Any public officer who wilfully 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 (30)


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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 plaintiff from 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 16. Suits and Strategic Legal Action Against Public Participation. -  
Where a suit is brought against a person who filed an action as provided in Section 
17 of this Act, or against any person, institution or government agency that
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implements this Act or any other consumer related laws, rules, and regulations, it
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shall be the duty of the investigating prosecutor or the court, as the case may be, to
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immediately make a determination within not exceeding thirty (30) days whether
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said legal action has been filed to harass, vex, exert undue pressure or stifle such
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legal resources of the person complaining or enforcing the provisions of this Act. 
Upon determination thereof, evidence warranting the same, the investigating 
prosecutor or 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 17. Lead Agency. -  The DENR in coordination with the DTI, unless
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otherwise provided herein, shall be the primary government agency responsible for
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the implementation and enforcement of this Act.
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SECTION 18. Linkage Mechanism. 
-  The DTI, in coordination with the DENR
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and the NSWMC, shall consult, and enter into an agreement with other government
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agencies or LGUs, or with concerned non-governmental organizations (NGOs) or 
peoples organizations (POs), or private enterprises in the furtherance of the 
objectives of this Act.
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SECTION 19. Role of Local Government Units (LGUs).- The LGUs shall have 
the primary responsibility in the effort to decrease the percentage of plastic product 
wastes produced within their respective territorial jurisdictions.
For this purpose, they shall be primarily responsible for the collection, 
transportation, recycling and disposal of plastic products recovered to industrial 
composting facilities pursuant to this Act. The LGUs may enjoin the participation of 
other concerned government agencies, private entities and industries.
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.
SECTION 20. Fines and Penalties.- Violations of Sections 3,4 and 6 of this Act, 
and the deliberate misrepresentation of the vendor, distributor or manufacturer shall 
be penalized in the following manner:
(a) A fine of not less than Two hundred fifty thousand pesos (P250,000.00) but 
not exceeding Five hundred thousand pesos (P500,000.00) for the first offense; and
(b) A fine of not less than Five hundred thousand pesos (P500,000.00) but not 
exceeding Seven hundred fifty thousand pesos (P750,000.00) for the second 
offense: and
(c) Automatic revocation of its business permit for the third offense.
For purposes of the imposition of appropriate fines hereof, the DTI shall 
establish classification of commercial establishments based on their capitalization.
Any fine collected pursuant to this section shall be retained by the barangay 
unit where the store is located in order to augment its waste management 
capability.
SECTION 21. Administrative Action. -  Without prejudice to the right of any 
person to file an administrative action, the DTI shall, on its own instance or upon 
verified complaint by any person, institute administrative proceedings in the proper 
forum against any natural or juridical person who violates any of the provisions of 
this Act with respect to:
(a) Standards and limitations provided by this Act; or
(b) Such order, rule or regulation issued by the DTI with respect to such 
standard or limitation.


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SECTION 22. Independence of Action.-Jhe filing of an administrative suit 
against such person or entity does not preclude the right of any other person to file 
any criminal or civil action.
SECTION 23. Enforcement. -  The enforcement of the penal provision of this Act 
shall be made through the DTI, in coordination with the Office of the Mayor of the 
LGU concerned.
SECTION 
24. 
Joint Congressional Oversight Committee. 
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The 
Joint
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Congressional Oversight Committee created under Section 60 of Republic Act No.
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9003, otherwise known as the “Ecological Solid Waste Management Act of 2000”,
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shall likewise monitor the implementation of this Act and review the implementing
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rules and regulations promulgated by the DTI. The Joint Committee shall be co-
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chaired by the Chairpersons of the House Committee on Ecology and Senate
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Committee on Environment.
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SECTION 
25. 
Implementing Rules and Regulations. 
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DENR, 
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coordination with the DTI, the NSWMC and other relevant government agencies and
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organizations shall, within six (6) months from the effectivity of this Act, promulgate
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the implementing rules and regulations (IRR) governing this Act.
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SECTION 26. Appropriations. 
-  The amount necessary to carry out the
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provisions of this Act shall be charged against the current year’s appropriations of
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the concerned agencies. Thereafter, such sums as may be necessary for the
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operation and maintenance of this Act shall be included in the General
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Appropriations Act.
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SECTION 27. Separability Clause. -  If, for any reason, any provision of this Act
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or part thereof is declared unconstitutional or invalid by a court of competent
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jurisdiction, the other provisions or parts hereof not affected shall remain in full force
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and effect.
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SECTION 28. Repealing Clause. -  All laws, decrees, orders, issuances,
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ordinances, rules and regulations or parts thereof inconsistent with the provisions of
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this Act are hereby repealed or modified accordingly.
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SECTION 29. Effectivity Clause. -  This Act shall take effect fifteen (15) days
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after its publication in the Official Gazette or in two (2) newspapers of general
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circulation.


Approved,
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