Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18TH) CONGRESS
First Regular Session

3344
House Bill No.

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT BANNING TRADITIONAL, SMALL-SCALE, COMMUNITY INCINERATION (“SIGA”)
AND AMENDING THE PROVISIONS OF REPUBLIC ACT NO. 8749, OTHERWISE KNOWN
AS THE CLEAN AIR ACT OF 1999, AND ITS IMPLEMENTING RULES AND REGULATIONS,
AND INCREASING THE PENALTY FOR BURNING OF SOLID WASTE, AMENDING
REPUBLIC ACT NO. 9003.

EXPLANATORY NOTE

No less than the 1987 Constitution provides that “The State shall protect and promote the right
to health of the people and instill health consciousness among them.” (Sec. 15, Art. II)

Additionally, it is also a State policy 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.”
(Sec. 16, Art. I)

It further provides that “The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and other social
services available to all the people at affordable cost. There shall be priority for the needs of the
under-privileged, sick, elderly, disabled, women, and children...” (Sec. 11, Art.XIlI)

Republic Act No. 8749, otherwise known as The Philippine Clean Air Act of 1999, further
declares that “the State shall: (1) promote and protect the global environment to attain
sustainable development while recognizing the primary responsibility of local government units
to deal with environmental problems; (2) recognizes that the responsibility of cleaning the
habitat and environment is primarily area-based; and (3) recognizes that a clean and healthy
environment is for the good of all and should, therefore, be the concem of al” (Sec. 2, R.A. No.
8749)

The same legislation recognizes as among State policies the need to “focus primarily on
pollution prevention rather than on control and provide for a comprehensive management
program for air pollution.” (Section 3 par. c, R.A. No. 8749)

Finally, the same law recognizes and guarantees as among the rights of Filipino citizens, the
“right to breathe clean air’. (Section 4, par. a, R.A. No. 8749)

The need for clean, breathable air has grown of significant concem in our continuously
industrialized societies. In a 2014 World Health Organization study, air pollution emerged as the


world’s single largest environmental health risk, causing over seven million deaths in 2012, with
one in every eight deaths around the world linked to air pollution hazards and diseases."

The incineration of biodegradable and non-biodegradable products releases harmful pollutants
and particles into the air, including carcinogenic dioxins and furans. The burning of treated
wood releases arsenic, plastics and PVC products release hydrogen chloride, and certain paints
release lead.

The health risks associated with the inhalation of polluted air from these and other sources
include, among others, asthma, chronic obstructive pulmonary disease (COPD), reduced lung
function, pulmonary cancer, mesothelioma, pneumonia, heart disease, stroke, and birth
defects.

For asthma alone, it affects 334 million peoples across all age groups worldwide‘, and is the
most common chronic disease among children’. Asthma prevalence in the Philippines is around
10.7 million(12% of national population) or one in every eight Filipinos.° In Filipino children,
asthma prevalence has ranged from 9.2% to 27.4%, based on four separate studies
conducted.”

From 2001-2010, asthma has been the cause of death of approximately 105 Filipinos for every
one million of the population, making the Philippines the country with the fifth highest asthma
mortality rate out of 57 countries surveyed in The Global Asthma Report 2014."

The Clean Air Act provides for an explicit ban on incineration, defined as the burning of
municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes.
(Section 20, R.A. No. 8749) Unfortunately, the same provision excludes from the application of
the banon traditional small-scale method of communityineighborhood sanitation (commonly
known as “siga’), traditional, agricultural, cultural, health, and food preparation and crematoria.

The Ecological Solid Waste Management Act, enacted in 2001, provides an explicit ban on the
‘open burning of solid waste. (Section 48, par. 3, Republic Act No. 9003) It imposes upon those
convicted of violation of the ban on the open burning of solid waste with a fine ranging from

‘Kounteya Sinha, Air pollution biggest health risk, says WHO, The Economic Times, 26 March
2014 [http://economictimes. indiatimes.com/environment/pollution/air-pollution-biggest-health-
risk-says-who/articleshow/32694916.cms]
*Pia Ranada, To bum trash or not to? Debate in PH rages on,Rappler, 20 November 2014
{[http:/www. rappler.com/science-nature/environment/75573-philippines-waste-incineration-ban-
debate]
“Environmental Pollution Centers, Air Pollution Diseases,
http://www. environmentalpollutioncenters.org/air/diseases/]

he Global Asthma Network, The Global Asthma Report 2014 - Executive Summary.
http:/www.globalasthmareport.org/about/executive. php]

jorld Health Organization, Chronic Respiratory Diseases - Asthma.
[http:/www.who intirespiratory/asthmalen/]

‘G.W.K. Wong, N. Kwon, J.G. Hong, J.Y. Hsu, and K.D. Gunasekera, Pediatric asthma control
in Asia: Phase 2 of the Asthma Insights and Reality in Asia-Pacific (AIRIAP 2) survey, 68 Allergy
2013, 524-530. [http://onlinelibrary.wiley.comi/doi/10.1111/all.12117/fulll; See also Jason Tulio,
Is it asthma?,Rappler, 20 October 2015. [http:/Avww.rappler.com/brandrap/health-and-
self/110002-managing-asthma]

‘See H.A. Alava, L.F. Dans, M.W. Sumpaico, M.R. Castor, and J.C. De Leon in 55(4) Philippine
Journal of Pediatrics 189-195, 2006; See also M.L. Noche, M.J.V. Guno, 0.C, Go, A.G. Andaya,
and M.C.T. Capulong, et. al. in 44 Philippine Journal of Pedroatrics 81-87, 1995; See also F.
Cua-Lim, C. Roa Jr., M. Ferreria, M. Sumpaico, A. Tuazon, and J. Amores, et. al. in 4 Philippine
Journal of Allergy Immunology 9-20, 1997.
®The Global Asthma Network, The Global Asthma Report 2014 - Age-standardised asthma
‘mortality rates for all ages 2001-2010 from countries where asthma is separately coded as a
cause of death, ordered by mortality rate and country income group.
{htto:/www.globalasthmareport.orq/charts/Ch4_Fig1 html)


three hundred pesos to one thousand pesos, or alternatively imprisonment for a period ranging
from one (1) day to fifteen (15) days. (Section 49, par. b, Republic Act No. 9003)

Despite these legislative measures, smoke from open incineration of biodegradable and non-
biodegradable materials has become a daily occurrence. It affects Filipinos regardless of age or
gender.

It is for these purposes, that this bill seeks to amend the Clean Air Act by removing the
‘exception of traditional small-scale method of community/neighborhood sanitation or “siga” and
thereby placing a total ban on such practice. Furthermore, this bill seeks to increase the
penalties on open buming of solid waste under Republic Act. No. 9003, in order for the
provisions of the Act to be better implemented among the populace.

It is my eamest hope that my colleagues in the House of Representatives and the Senate see
the virtue of this proposal, and approval of this bill is highly and earnestly recommended.

BEI ETTE HERRERA-DY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18TH) CONGRESS
First Regular Session

3344

House Bill No.

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT BANNING TRADITIONAL, SMALL-SCALE, COMMUNITY INCINERATION (“SIGA”)
AND AMENDING THE PROVISIONS OF REPUBLIC ACT NO. 8749, OTHERWISE KNOWN
AS THE CLEAN AIR ACT OF 1999, AND ITS IMPLEMENTING RULES AND REGULATIONS,
AND INCREASING THE PENALTY FOR BURNING OF SOLID WASTE, AMENDING
REPUBLIC ACT NO. 9003.

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

SECTION 1 Short Title. This Act shall be known as the “Anti-Siga Act of 2019”
SECTION 2. Declaration of Policy.

Section 15, Article |! of the 1987 Constitution provides that “The State shall protect and promote
the right to health of the people and instill health consciousness among them.”

Section 16, Article II 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.”

Section 11, Article XIII provides that “The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential goods, health and
other social services available to all the people at affordable cost. There shall be priority for the
needs of the under-privileged, sick, elderly, disabled, women, and children...”

Section 2 of Republic Act No. 8749, otherwise known as The Philippine Clean Air Act of 1999,
declares that “the State shall: (1) promote and protect the global environment to attain
sustainable development while recognizing the primary responsibility of local government units
to deal with environmental problems; (2) recognizes that the responsibility of cleaning the
habitat and environment is primarily area-based; and (3) recognizes that a clean and healthy
environment is for the good of all and should, therefore, be the concern of all.”

Section 3, paragraph C of Republic Act No. 8749 recognizes that the State needs to “focus
primarily on pollution prevention rather than on control and provide for a comprehensive
management program for air pollution.

Section 4, paragraph A of Republic Act No. 8749 recognizes and guarantees the right of
Filipinos *...to breathe clean air’.

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms are hereby
defined:


b)

°)

4)

h)

“Air pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases all in their natural or normal concentrations, that
is detrimental to health or the environment, which includes but not limited to smoke, dust,
soot, cinder, fly ash, solid particles of any kind, gases, fumes, chemical mists, contaminated
‘steam and radioactive substances;

“Air pollution” means any alteration of the physical, chemical and biological properties of the
atmosphere, or any discharge thereto of any liquid, gaseous or solid substances that will or
is likely to create or to render the air resources of the country harmful, detrimental, or
injurious to public health, safety or welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;

“Air quality performance rating’refers to a rating system to be developed by the Department
through the Bureau. The air quality performance ratings will be grouped by industry, and will
‘compare emissions data for industrial sources to the relevant National Ambient Air Quality
Standards and the relevant National Emissions Standards for Source Specific Air Pollutants.

“Bio-medical waste'refers to pathological wastes, pharmaceutical wastes, chemical wastes
and sharps defined as follows:

4. "Pathological wastes” include all human tissue (whether infected or not) such as limbs,
organs, fetuses and body fluid; animal carcasses and tissue from laboratories, together
with all related swabs and dressings;

2. “Pharmaceutical wastes” include pharmaceutical products; drugs and chemicals that
have been retumed from wards; have been spilled or soiled; are expired or
contaminated; or are to be discarded or any reason;

3. “Chemical wastes" include discarded solid, liquid or gaseous chemicals from
housekeeping and disinfecting procedures;

“Department’ refers to the Department of Environment and Natural Resources;

"Hazardous substances” refers to those substances which present either: (1) short-term
acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity
or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon
repeated exposure, including carcinogenicity (which in some cases may result in acute
exposure but with a long latent period), resistance to the detoxification process, or the
potential to pollute underground or surface waters;

“Incinerator” refers to a facility, equipment, furnace or other similar structure which bums
municipal, bio-medical or hazardous wastes, which process emits toxic and poisonous
fumes;

“Infectious waste” refers to soiled surgical dressings, swabs and other contaminated waste
from treatment areas; materials which have been in contact with persons or animals
suffering from infectious diseases; cultures and stocks of infectious agents from laboratory
work; dialysis equipment; apparatus and disposable gowns, aprons, gloves, towels, etc;
waste from dialysis treatment area; waste from patients in isolation wards; all materials
which may contain pathogens in sufficient concentration or quality that exposure to could
result in disease;

“Medical waste’means any solid waste that is generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in the
production or testing of biologicals;

“Poisonous and toxic fumes" means any emission and fumes which do not conform to
internationally accepted standards, including but not limited to World Health Organization
(WHO) guideline values;


k) “Siga” means the traditional small scale method of burning of wastes resulting from cleaning
the backyard such as fallen leaves, twigs, stems, and other similar matter from plants and
trees in the backyard where the burning is done;

SECTION 4.Section 20 of Republic Act No. 8749 is hereby amended as follows:

“Section 20. Ban on Incineration and Siga.- Incineration, hereby defined as the burning
of municipal, biomedical and hazardous waste, including “Siga’, the traditional small
scale

method of buming wastes such as twigs, leaves, stems, which
processesemitspoisonous and toxic fumes is hereby prohibited; Provided, however,
that the prohibition shall not apply to crematoria.

Provided further, that the incineration of bio-medical wastes, infectious wastes, and
medical wastes shall be permitted only insofar as to prevent any infection or spread of
diseases. The incineration of these wastes and the underlying reasons for such

incineration
shall be reported to the Department.

Local government units are hereby mandated to promote, encourage and implement in
their respective jurisdiction a comprehensive ecological waste management that includes
waste segregation, recycling and composting.

With due concem on the effects of climate change, the Department shall promote the
use of state-of-the-art, environmentally-sound and safe non-bum technologies for the handling,

treatment, thermal destruction, utilization, and disposal of sorted, unrecycled,
uncomposted,
biomedical and hazardous wastes.”

SECTION 5.Section 49 paragraph B of Republic Act No. 9003 is hereby amended as follows:
“Section 49.Fines and Penalties -
OK

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be
punished with a fine of not less than Two thousand pesos (P2000.00) but not more than
Ten thousand pesos (P10,000.00) and imprisonment of not less than three (3) days but to not
more than

thirty (30) days;”

SECTION 6. Amendments to the Implementing Rules and Regulations. The Department
shall, within fifteen (15) days of the approval of this Act, amend the provisions of the
Implementing Rules and Regulations of Republic Act No. 8749 and Republic Act No. 9003 in
accordance to the provisions of Sections 4 and 5 of this Act.

SECTION 7. Reportorial Requirement. The Department is hereby mandated to report to
Congress, no later than the 30th of March each year following the approval of this Act, the
progress in the implementation of the provisions of this Act, including the data and statistics of
the number of offenders apprehended, the amounts of fines imposed, and the number of days
of imprisonment imposed, all in violation of the provisions of this Act.

The report shall include an identification of key areas where “Siga” and the incineration of solid
wastes are prevalent, the identified air pollutants, and poisonous and toxic fumes. The report
shall also include an indication of air quality performance rating prior to, and after the
implementation of the provisions of this Act.


SECTION 8. Separability Clause. \n the event that any provision of this Act is declared
unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of the remainder of the
provisions of this Act shall not be affected thereby.

SECTION 9. Repealing Clause.All laws, presidential decrees, letters of instructions, executive
orders, administrative orders, rules, regulations, and other issuances or parts thereof which are
contrary to or inconsistent with the provisions of this Act are hereby revoked, repealed or
modified accordingly.

SECTION 10.Effectivity.This Act shall take effect fifteen (15) days following the completion of
its publication in any two (2) national newspapers of general circulation.

Approved,