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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS,
Second Regular Session

House BILL No. 2309

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

EXPLANATORY NOTE.

From 2013 to 2014, a foreign company imported more than 100 shipping containers to the
Philippines. The company claimed the containers had recyclable materials init but actually contained
2,500 tons of garbage- most of which were unrecyclable plastic wastes.'

The garbage was later shipped back to the country of origin, but only after years of
widespread outrage from Filipinos and diplomatic pressure from the Philippine government. That
incident, however, was not the last time foreign garbage was brought in to Philippine shores. In 2018,
the Philippines received 11,800 tons of imported plastic waste, In 2019, the DENR banned waste-
related imports for three months.? To date, the Philippines has yet to enact permanent measures to ban
the importation of plastic waste. Failing to do so would make the country at risk of becoming the
‘world’s trash can for plastic.

Although it seemed that both RA 6969° and RA 9003* already cover the prohibition on the
importation of wastes, particularly unrecyclable plastic, there is a need to remove all doubts and cover
all possible loopholes to proscribe this practice and penalize all who may be involved or remiss with
their duties in the entry of such materials to the country.

In view of the foregoing, the approval of this bill is earnestly sought.

{USTINO ‘INNO’ A. DY V

1 Gutierrez, J. (2019, May 23). Canada Agrees to Take Back Trash Sent to Philippine Years ago. New
York Times. https://www nytimes.com/2019/05/23/world/asia/philippines-canada-trash.html.

2 Endo, J. 2019, September 14). Philippine slams the door on world’s plastic waste. Nikkei Asian
Review. https://asia.nikkei.com/Spotlight/Environment/Philippines-slams-the-door-on-world-s-
plastic-waste.

2 Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.

« Ecological Solid Waste Management Act of 2000


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS.
‘Second Regular Session

7309

HOUSE BILL NO.

Introduced by REP. FAUSTINO ‘INNO? A. DY V

AN ACT PROHIBITING THE IMPORTATION OF PLASTIC _ WASTE,
THEREBY AMENDING R.A. NO. 9003, OTHERWISE KNOWN AS THE ECOLOGICAL,
SOLID WASTE MANAGEMENT ACT OF 2000

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

Section 1. Section 48 of Republic Act No. 9003, otherwise known as the Ecological Solid Waste
Management Act of 2000, is amended as follows:

“Section 48. Prohibited Acts. — The following acts are prohibited:
XXX

(17) THE IMPORTATION OF PLASTIC WASTE, WHETHER
RECYCLABLE OR OTHERWISE.”

FOR THE PURPOSE OF THIS ACT, PLASTIC WASTE SHALL BE
DEFINED AS THOSE SUBSTANCES THAT ARE WITHOUT ANY
SAFE, COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR
ECONOMIC USAGE AND ARE SHIPPED, TRANSPORTED OR
BROUGHT FROM THE COUNTRY OF ORIGIN FOR DUMPING
OR DISPOSAL INTO OR IN TRANSIT THROUGH ANY PART OF
THE TERRITORY OF THE PHILIPPINES.

Section 2. Penalties. ~

a) The penalty of imprisonment of six (6) months and one day to six (6)
years and one day and a fine ranging from Five hundred Thousand pesos
(P500,000.00) to Ten Million Pesos (P10,000,000.00) shall be imposed upon
any person who shall violate this Act and shall not be covered by the
Probation Law. If the offender is a foreigner, he or she shall be deported and
barred from any subsequent entry into the Philippines after serving his or her
sentence;


b) In case any violation of this Act is committed by a partnership,
corporation, association or any juridical person, the partner, president, director
or manager who shall consent to or shall knowingly tolerate such violation
shall be directly liable and responsible for the act of the employees and shall
be criminally liable as a co-principal;

©) In case the offender is a government official or employee, he or she shall,
in addition to the above penalties, be deemed automatically dismissed from
office and permanently disqualified from holding any elective or appointive
position.

4) If itis a foreign firm, the director and all officers of such foreign firm
shall be barred from entry into the Philippines, in addition to the cancellation
of its license to do business in the Philippines;

©) Every penalty imposed for the unlawful importation, entry, transport,
manufacture, processing, sale or distribution of plastic wastes into or within
ines shall carry with it the confiscation and forfeiture in favor of
the Government of the proceeds of the unlawful act and instruments, tools, or
other improvements including vehicles, sea vessels, and aircrafts used in or
with which the offense was committed.

d. The person or firm responsible or connected with the bringing or
importation into the country of plastic wastes, as defined, shall be under
obligation, to include covering all related expenses, to transport or send back
said prohibited wastes;

‘Any and all means of transportation, including all facilities and appurtenances
that may have been used in transporting to or in the storage in the Philippines
of any significant amount of plastic wastes shall at the option of the
‘government be forfeited in its favor.

Section 3. Repealing Clause. — All laws, decrees, executive orders or rules and regulations contrary to
or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 4. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any newspaper of the general circulation,

Approved,