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NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
'(©fficp of til? frcf>n*|>
*22 JUL18 P5 *41
SEN
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
REGULATING THE DISPOSAL OF ELECTRONIC EQUIPMENT AT SOLID 
WASTE MANAGEMENT FACILITIES AND REQUIRING THE ESTABLISHMENT 
OF RECOVERY AND COLLECTION FACILITIES THEREFOR
EXPLANATORY NOTE
The rapid development of technology in almost all aspects of human life has 
given us a vision of the world's potential in the coming years. However, it also 
means that we are witnessing more electronic equipment, appliances, and gadgets 
being produced then disposed without the intent to reuse them. In the Philippines, 
the improper disposal of what is collectively called e-waste has been a perpetual 
major waste-management problem of the Philippines despite relevant laws for 
hazardous waste such as the aforementioned.
E-waste contains toxic substances and contents such as mercury, lead, 
cadmium, and persistent organic pollutants, which are deterrent to health and 
environment. Because of this, e-waste and other hazardous waste require special 
disposal system or process.
According to a report released in December 2017 by the International 
Telecommunication Union, the United Nations University and the International Solid 
Waste Association, each Filipino produces two to five kilos of e-waste that are not 
being segregated and recycled.
The Constitution, Article II, 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."
/


To affirm this constitutional mandate, this bill seeks to prohibit the disposal of 
e-waste in solid waste management facilities and to require the recycling and reuse 
of appliances, gadgets, electronic equipment and the like.
In view of the foregoing, the passage of this bill is earnestly sought.1
TOL" N. TOLENTINO
1 This bill was originally filed by the late Senator Miriam Defensor Santiago during the Fourteenth 
Congress, Third Regular Session and refiled during the Sixteenth Congress, Third Regular Session.


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
1^;-. .% 
^n\m^
of III? fi'tiri)
*22 JUL18 P5:41
SENATE
s. No. 751
RECEIVcDBV:
Introduced by SENATOR FRANCIS "TOL" N. TOLENTINO
AN ACT
REGULATING THE DISPOSAL OF ELECTRONIC EQUIPMENT AT SOLID 
WASTE MANAGEMENT FACILITIES AND REQUIRING THE ESTABLISHMENT 
OF RECOVERY AND COLLECTION FACILITIES THEREFOR
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembied:
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Section 1. Short Title. — This Act shall be known as the "E-Waste
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Management Act."
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Section 2. Policy. — It is the policy of the State to protect the environment
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from the hazards of the improper disposal of obsolete electronic equipment,
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encourage the responsible manufacturing and sale thereof, and assist consumers in
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the recycling and disposal of their electronic waste.
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Section 3. Definition of Terms. — As used in this Act, the term -
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(A) Brand - refers to the name, symbol, logo, trademark, or other
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information that identifies a product rather than the components of the product;
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(B) Consumer ~ refers to an individual who uses an electronic equipment
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that is primarily for personal or home business use;
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(C) Department - refers to the Department of Environment and Natural
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Resources;


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(D) 
Electronic Equipment- refers to desktop or laptop computer, computer 
monitor, portable computer, printers, scanners, keyboards, mice, cables, circuit 
boards, cathocia ray tube, flat panel-based television, tablet, cellular phone, 
cameras, video players, calculators or white goods - for example, coffee makers, 
fridges, washing machines, dryers, home entertainment and stereo systems, toys, 
toasters and kettles;
(E) 
Manufacturer- refers to a person who -
a. Manufactures or manufactured electronic equipment under a brand 
that:
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The person owns or owned; or
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The person is or was licensed to use, other than under a license 
to manufacture electronic equipment for delivery exclusively to 
or at the order of the licensor;
b. Sells or sold electronic equipment manufactured by others under a 
brand that:
i. The person owns or owned; or
II. The person is or was licensed to use, other than under a license 
to manufacture electronic equipment for delivery exclusively to 
or at the order of the licensor;
c. Manufactures or manufactured electronic equipment without 
affixing a brand;
d. Manufactures or manufactured electronic equipment to which the 
person affixes or affixed a brand that:
i. The person does not or has not owned; or 
II. The person is not or was not licensed to use;
e. Imports or imported electronic equipment manufactured outside 
the Philippines into the Philippines unless at the time of importation


the company or licensee that sells or sold the electronic equipment 
to the importer has or had assets o; a presence in the Philippines 
sufficient to be considered as the manufacturer;
(F) Television - refers to any telecommunication system device that can 
receive moving pictures and sound broadcast over a distance and includes a 
television tuner or a display device peripheral to a computer in which the display 
device contains a television tuner.
Section 4. Exceptions. — This Act shall not apply to -
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(A) Televisions as defined in Section 3, any major part of a moving vehicle,
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or telephones;
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(B) A consumer's lease of electronic equipment or a consumer's use of
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electronic equipment under a lease agreement; or
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(C) The sale or lease of electronic equipment to an entity when the
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manufacturer and the entity enter into a contract that effectively addresses the
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collection, recycling, and reuse of electronic equipment that has reached the end of
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its useful life.
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Section 5. Requirements. —
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(A) Before a manufacturer, as defined in Section 3, may offer electronic
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equipment for sale, the manufacturer shall -
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a. Adopt and implement a recovery plan;
b. Submit a written copy of the recovery plan to the Department; and
c. Affix a permanent, readily visible label to the electronic equipment 
with the manufacturer's brand.
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(B) The recovery plan shall enable a consumer to recycle electronic
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equipment without paying a separate fee at the time of recycling and shall include
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provisions for:


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a. The manufacturer's collection from a consumer of any electronic 
equipment that has reached the end of its useful life and is labeled 
with the manufacturer's brand; and
b. Recycling or reuse of electronic equipment collected under the 
recovery plan of this subsection.
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(C) The collection of electronic equipment provided under the recovery
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plan shall be:
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a. Reasonably convenient and available to consumers; and
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b. Designed to meet the collection needs of consumers.
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Section 6. Standard Collection Methods. — The collection methods shall
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include a system:
(A) 
By which the manufacturer or the manufacturer's designee offers the 
consumer the option for returning electronic equipment by mail at no charge to the 
consumer;
(B) 
Using a physical collection site that the manufacturer or the 
manufacturer's designee keeps open and staffed and to which the consumer may 
return electronic equipment; and/or
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(C) Using a collection event held by the manufacturer or the
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manufacturer's designee at which the consumer may return electronic equipment.
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Collection services under this Act may use existing collection and
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consolidation infrastructure for handling electronic equipment and may include
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systems jointly managed by a group of manufacturers, electronic recyclers and
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repair shops, recyclers of other commodities, reuse organizations, non-profit
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corporations, retailers, recyclers, and other suitable operations. If a manufacturer or
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its designee offers a mail-back system as described here, either individually or by
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working together with a group of manufacturers or by working with others, it shall
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be deemed to meet the convenience requirements of this section.


Section 7. Information Requirement — The recovery plan shall include 
information for the consumer on how and where to return the manufacturer's 
electronic equipment. The manufacturer shall:
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(A) Include collection, recycling, and reuse information on the
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manufacturer's publicly available Internet site;
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(B) Provide collection, recycling, and reuse Information to the Department;
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and
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(C) Include collection, recycling, and reuse information in the packaging
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for or in other materials that accompany the manufacturer's electronic equipment
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when the equipment is sold.
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Section 8. Reporting Requirement — Each manufacturer shall submit a
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report to the Department not later than January thirty-first (31st) of each year that
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includes:
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(A) The weight of electronic equipment collected, recycled, and reused
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during the preceding calendar year; and
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(B) Documentation certifying that the collection, recycling, and reuse of
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electronic equipment during the preceding calendar year were conducted In
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conformity with sound environmental management.
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Section 9. Compliance by More Than One Manufacturer. — If more
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than one person is the manufacturer of a certain brand of electronic equipment, any
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of those persons may assume responsibility for and satisfy the obligations of a
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manufacturer for that brand. If none of those persons assume responsibility or
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satisfies the obligations of a manufacturer, the Department may consider any of
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those persons to be the responsible manufacturer for purposes of this Act.
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Section 10. Other Prohibitions.—
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(A) A person who is a retailer of electronic equipment shall not sell or offer
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to sell new electronic equipment unless the equipment is labeled with the


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manufacturer's label and the manufacturer is included on the Department's list of
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manufacturers that have recovery plans. The Department shall keep a database in
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its Internet site of the manufacturers that are on its list of manufacturers with
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recovery plans;
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(B) 
No person shall knowingly dispose of any electronic equipment in
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mixed solid waste; and
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(C) 
No Solid Waste Management Facility shall knowingly accept for
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disposal or incineration of any electronic equipment, or any truckload or container of
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solid waste which includes electronic equipment.
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Section 11. Penalties. — The Department shall assess a penalty against a
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manufacturer that does not comply with the requirements set forth in Sections 5 to
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9 of this Act. No penalty shall be assessed for a first violation. The penalty shall not
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be less than one hundred thousand pesos (Phpl00,000.00) but not more than one
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million pesos (Phpl,000,000.00) for the second and each subsequent violation.
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Any violation of Section 10(A) shall be punished with a fine of fifty thousand
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pesos (Php50,000.00). Any violation of Section 10(B) of this Act shall be punished
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with a fine of twenty thousand pesos (Php20,000.00) or imprisonment of not less
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than one month but not more than three months. Any violation of Section 10(C) of
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this Act shall be punished with a fine of fifty thousand pesos (Php50,000.00) and
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revocation of the license of the Solid Waste Management Facility.
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Public officers responsible for any of the abovementioned violations shall be
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personally liable for the imposable fine.
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Section 12. E-Waste Recycling Fund. — Any penalty collected under the
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preceding section shall be credited to the "E-Waste Recycling Fund," which is hereby
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created, and the money collected from this fund shall be used for the purpose of
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funding the administrative requirements of this Act. Any amount remaining at the
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end of every two years shall revert to the National Treasury.


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Section 13. Auditiiig and Inspection Powers. — The Department is
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empowered to conduct audits and inspections to determine compliance with this Act.
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Section 14. Recycling of Collected Equipment — All electronic 
equipment collected under this Act shall be recycled or reused in a manner that 
complies with the standards to be sat by the Secretary of Environment and Natural 
Resources provided that its cost is reasonable and environmentally sound.
The Department shall conduct research and make use of the best available 
technology in the disposal of electronic equipment consistent with the principles In 
the Ecological Solid Waste Management Act.
Section 15. Role of the Local Government Units. — Cities and 
municipalities, in coordination with the Department and the manufacturers, 
consistent with the principles in the Ecological Solid Waste Management Act, shall 
assist in the collection and dispose! or recycling of electronic equlpm.ent through 
their respective solid and special waste management programs.
Section 16. Implementing Rules and Regulations. — The Secretary 
shall promulgate the rules and regulations to implement this Act within ninety (90) 
days from the effectsvity of tfiis Act.
Section 17. Separability Clause. — If any provision or part hereof is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting.
Section 18. Repealing Clause. — Any law, presidential decree or issuance, 
executive order, letter of Instruction, administrative order, and rule and regulation 
contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified, or amended accordingly.
Section 19. Effectivity Clause. — This Act shall take effect fifteen (15) 
days after its publication in the Official Gazette or in a newspaper of general 
circulation.
Approved,