SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1622 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 16 provides that: 
'13 S[P 10 P3 :14 
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 maritetirig' 8litiins 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. 
This bills seeks to: (l) prevent the use of fraudulent, deceptive, and misleading 
environmental marketing claims; (2) establish uniform, accurate standards and definitions that 
! 
reflect the best available manufacturing practices, products, and packaging; and (3) encourage 
both consumers and industry to adopt habits and practices that favor natural resource 
conservation and environmental protection.' 
~'-
4~:.4~ J~ 
~.'MIRIAM DEF~SOR S-ANTI(10 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 
1 


1 
2 
·3 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular SessiQn 
) 
'13 
SEP lOP 3 :14 
SENATE 
S. No.. 1622 
Introduced by SenatQr Miriam DefensQr Santiago. 
AN ACT 
ESTABLISHING AN ENVIRONMENTAL MARKETING CLAIMS 
'. MONITORING PROGRAM 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Short Title. - This Act shall be knQwn as the "EnvirQnmental Marketing 
5 
Claims Act." 
6 
SECTION 2. Definitions. - FQr the purpQses of this Act, the term: 
7 
(A) 
"Product" means any cQmmQdity, goods, Qr item distributed for promQtiQnal use, 
8 
rent, lease, Qr sale, through retail or wholesale sales, l,Igel,lcje,~ Io.r agencies Dr instrumentalities, for 
, 
9 
consumptiQn or use; 
10 
(B) 
"Package" means the cQating, cQvering, cQntainer, or wrapping used during a 
11 
product life cycle, including any outer cQntainer, wrapping or label used in the retail display of 
12 
any product; 
13 
(C) 
"Life cycle" includes the extraction; processing and manufacturing; transportatiQn 
14 
and distribution; use; and management as waste Qf raw materials used in the manufacture of a 
15 
prQduct or package, and of the product Qr package; 
16 
(D) 
"EnvirQnmental marketing claim" means any symbols or terms that are Qn a label, 
17 
package, or product or that are used in promotion or advertising to inform consumers about the 
18 
enviro.nmental impact o.r enviro.nmental attributes of a product Qr package during any part Qf its 
19 
life cycle; 
1 


1 
(E) 
"Label" means any written, printed, or graphic material affixed to or appearing 
2 
upon a product or package or appearing upon a shelf or display area that refers to a product or 
3 
package; 
4 
5 
(F) 
(0) 
"Secretary" means the Secretary of T~ade .rnl:~.h~.d\lstry; 
"End product" means only those items that are designed to be used until disposal; 
6 
items designed to be used in production of a subsequent item are excluded; 
7 
(H) 
"Post-consumer material" means only those products or packages generated by a 
8 
business or consumer, as defined by the Secretary, which have served their intended end uses, 
9 
and which have been separated or diverted from solid waste except that such term shall not 
10 
include wastes generated during the production of an end product; 
11 
(1) 
"Pre-consumer material" means waste generated during production which cannot 
12 
be returned to the same production process, nor used by the same parent company to make a 
13 
product similar to the original product, nor used by another company to make a product similar 
14 
to the original product, used by the same parent company to manufacture a different product, and 
15 
includes all wastes generated during the intermediate steps producing an end product by 
16 
succeeding companies; 
.: 1 
~ 
n '] 
17 
(J) 
"Secondary material" means any combination of pre-consumer and post-
18 
consumer material. 
19 
. SECTION 3. Environmental Labelling Regulatory Program . . - The Secretary shall 
20 
establish, by regulation, an environmental marketing claims regulatory program. The purposes of 
21 
such a program shall be to carry out the provisions of this Act. 
22 
SECTION 4. Independent Advisory Board. - The Secretary, by regulation, shall establish 
23 
not later than 180 days after the date of enactment of this Act, an Independent Advisory Board, 
24 
hereinafter the "Board", to advise and make recommendations to the Secretary concerning the 
25 
regulation of environmental marketing claims. 
2 


1 
(A) 
Membership. - The Board shall consist of fifteen (15) members, including four (4) 
2 
ex ojjcio members, who shall be appointed by the Secretary as follows: 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
(I) 
(2) 
(3) 
(4) 
Three (3) members who are recognized as consumer advocates, one of 
whom is a recognized expert in m~rke~i!1g or consumer perception; 
Five (5) members representative of the industry and manufacturing, 
including: 
(a) 
(b) 
(c) 
One (1) retailer; 
One (1) manufacturer; 
One (1) recognized waste management expert in the private sector; 
and 
(d) 
One (1) end user of post-consumer materials; 
Three (3) members representative of environmimtal organizations, of 
whom one member is a recognized expert in soil science or environmental 
toxicology; 
Two (2) members , who shall serve ex officio, who are officers or 
employees of the governmenL1aiJ.a dfWhom: 
(a) 
(b) 
One (1) member is recognized expert in consumer protection; and 
One (I) 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 
21 
of the Depaliment of Environment and Natural Resources and who are 
22 
involved in pollution prevention and waste management. 
23 
Members of the Board serving ex officio shall have no vote. The Chairman of the Board 
24 
shall be designated by the Secretary. The Board shall meet at the call of the Secretary or the 
25 
Chainnan. 
26 
(B) 
Administrative Mutters. - The Board shall conduct its business in open meetings, 
27 
subject to any requirement for privacy in personal matters and review of confidential information 
3 


1 
under any provision of law, and may hold hearings to seek public comment and participation in 
2 
formulating recommendations for the definitions and standards described in Section SeA). 
3 
Members of the Board who are not otherwise employed by the Government may be 
4 
allowed travel expenses, including per diem in lieu of subsistence, as determined by the 
5 
Secretary and subject to the applicable laws. 
6 
(C) 
Annual Report. - Not more than 180 days after the initial meeting of the Board, 
7 
and annually thereafter, the Chairman of the Board shall submit to the Secretary a report that 
8 
outlines the activities and recommendations of the Board relating to the items described in 
9 
Section 5. The initial report shall include the recommendations described in Section SeA). 
10 
SECTION 5. Regulation of Environmental Marketing Claims. -
11 
(A) 
Recommendations by the Board. - Recommendations by the Board to the 
12 
Secretary, shall include definitions and standards to be used in regulating environmental 
13 
marketing claims on a national basis. In making such recommendations, the Board shall consider 
14 
available studies, standards, and other information that the Chairman of the Board determines to 
15 
be appropriate. 
'f ... " " I 
16 
(B) 
Final Recommendations. - The Secretary, after considering the recommendation 
17 
of the Board described in paragraph (A), shall, not later than 18 months after the date of the 
18 
enactment of this Act, promUlgate final regulations governing the use of environmental 
19 
marketing claims, including statements to the effect that a product or package is: 
20 
21 
22 
23 
24 
25 
26 
27 
(I) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
Source reduced; 
Refillable; 
Reusable; 
Recyclable; 
Has recycled content; 
Compostable; 
Ozone neutral; 
Nontoxic; or 
4 


1 
(9) 
Otherwise related to an environmental impact or attribute, as determined 
2 
by the Secretary. 
3 
In promulgating the regulations described above, the Secretary shall ensure that an 
4 
environmental marketing claim shall be related to a ~pecific environmental impact or attribute, as 
5 
determined and defined by the Secretary, in such mmmer as to ensure that such environmental 
6 
marketing claim is not false: misleading, or deceptive except that this shall not preclude the use 
7 
of general environmental seals of approval awarded according to objective criteria that promote 
8 
environmentally preferable products and packages, as determined by the Secretary. 
9 
In promulgating such regulations pursuant to paragraph (B), the Secretary shall likewise 
10 
ensure that with respect to an environmental marketing claim, such claim has been substantiated 
11 
on the basis of the best available scientific information. 
12 
In promulgating regulations pursuant to paragraph (B), the Secretary shall also assign a 
13 
product. to a· category. or subcategory for the purpose of such regulations according to the 
14 
composition of the product; and the packaging of the product. 
15 
In establishing product categories for the purposes of the regulations, as described in 
16 
paragraph (B), the Secretary may establish a categoJ!yol1 the basis of the function of the product. 
17 
In pronwlgating the regulations described in paragraph (B), the Secretary shall ensure that 
18 
environmental marketing claims shall make a clear distinction between the product and any 
19 
accompanying packaging unless the claim applies to both. 
20 
(C) 
Requirements of Final Regulations. - The Secretary shall include the following 
21 
requirements in the final regulations described in paragraph (B): 
22 
23 
24 
25 
26 
27 
(1) 
An environmental marketing claim relating to recycled content shall used 
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 of25 percent prior to the year 2015, 
and a minimum rate of 50 percent (by weight on or after the year 2015 of 
the product content or package composition; 
5 


1 
(2) 
2 
3 
4 
,5 
6 
7 
8 
9 
10 
11 
12 
(3) 
13 
14 
15 
16 
17 
18 
19 
20 
(4) 
21 
22 
23 
24 
(5) 
25 
26 
27 
28 
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 materials that is less 
than the percentage specifiep in subparagraph (1); if a manufacturer, 
• ", ' ... ' 
j"," 
• ", 
):etailer, or distributor, or other person responsible for the use of such 
environmental marketing claim, as d~termined by the Secretary, includes 
in such claim a sentence in which the terms described in the regulation 
promulgated under Section 5 are displayed no more prominently than 
other words in the sentence that states the percentage by weight and by 
volume of post-consumer and secondary materials used in such product or 
package; 
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; iis 'a:ble 'to demonstrate, to the satisfaction of 
the Secretary, that such product or package shall be recycled, at a 
minimum rate of 25 percent before the expiration of the second year after 
effectivity ofthis Act; 
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; 
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 
6 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
composted, at a minimum rate of 25 percent prior to the year 2015 and at a 
minimum rate of 50 percent on or after the year 2015 of all such products 
or packages, in a solid waste disposal system, including a composting 
solid waste disposal syste~~ . ..in. whi~h 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. - The Secretary may, at any time after the date of the 
11 
promulgation of the regulations required under paragraph (B), promulgate such additional 
12 
regulations as the Secretary determines, to be necessary to carry out the purposes of this Act. 
13 
In reviewing the regulations described in paragraph (B) or in any additional regulations 
14 
promulgated under this subsection, the Secretary shall determine whether it is appropriate to 
15 
promulgate additional regulations to: 
16 
. (I) 
Reflect the best available use and tliehbest available technology that will 
17 
encourage higher performance levels in products and packaging in 
18 
meeting the objective of reducing negative environmental impacts and 
19 
improving environmental attributes; and 
20 
21 
22 
23 
24 
25 
26 
27 
(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 
7 


1 
the Secretary to initiate rulemaking procedures with respect to 
2 
promulgating additional regulations under this Section. 
3 
Not later than sixty (60) days after receiving a petition described above, the Secretary 
4 
shall determine whether to accept or deny the petitj?nan? ,s,hl:J1 publish the petition in at least 
5 
two newspapers of general circulation, along with an explanation of the reasons for such 
6 
determination, 
7 
SECTION 6. Certification. -
8 
(A) 
Filing of a Certification. - Not later than six (6) months after the date of the 
9 
promulgation of any regulation under Section 5, any manufacturer or any other person who 
10 
intends to use an environmental marketing claim for which the Secretary has promulgated a 
11 
regulation shall first submit a certification to th~ Secretary that the environmental marketing 
12 
claim intended to be used meets the requirements of this Act. Such certification shall be in such 
13 
form as the Secretary shall prescribe by regulation and shall contain such information as the 
14 
Secretary determines to be appropriate, 
15 
(B) 
Disapproval of Certification. - The Secretary 'may, at any time, disapprove the 
16 
certification provided under paragraph (A) if the Secretary determines that the environmental 
17 
marketing claim that the manufacturer or other person intends to use does not meet the 
18 
requirements of the regulations promulgated under Section 5 of this Act. 
19 
(C) 
Recertification. -- Any person using an environmental marketing claim shall 
20 
resubmit a certification to the Secretary that the environmental marketing claim used meets the 
21 
requirements of the Act if: 
22 
23 
24 
25 
26 
(I) 
(2) 
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 
New regulations have been promulgated under this Act relating to the 
environm'ental claim being used, 
8 


I 
1 
Such receliification shall be submitted to the Secretary within' six (6) months of the 
2 
occurrence of either event described in subparagraphs (1) and (2) above. 
3 
SECTION 7. Prohibition. - It shall be unlawful for any person to fail or refuse to comply 
" 
" 
.~"" I 
4 
with any regulation promulgated under Section 5(b) of this Act; or any order issued by the 
5 
Secretary to carry out any regulation. It shall likewise be unlawful for any person to use an 
6 
environmental marketing claim for which the Secretary has issued a regulation under Section 5 if 
7 
the person has failed to file a certification as required by Section 6; or the Secretary has 
8 
disapproved a certification under Section 6. 
9 
SECTION 8 .. Penalties. -
10 
(A) 
Civil. - Any person who violates a provision of Section 7 of this Act shall be 
11 
liable to the Philippine Government for a civil penalty in an amount not to exceed One Hundred 
12 
Thousand Pesos (PlOO,OOO.OO) for each such violation. Each day such a violation continues 
13 
shall, for the purpose of this subsection, constitute a separate violation of Section '7 of this Act. 
14 
A civil penalty for a violation of Section 7 of thii;"Actsl1all'be assessed by the Secretary by an 
15 
order made on the record after opportunity for a hearing in accordance with regulations as 
16 
determined by the Secretary, Before such an order, the Secretary shall give written notice to the 
17 
person to be assessed a civil penalty under such order, of the Secretary's proposal to issue such 
18 
order and provide such person an opportunity to request, within fifteen (15) days from the date of 
19 
notice is received by such person, such as a hearing ,on the order. In determining the amount of a 
I 
20 
civil penalty, the Secretary shall take into account the nature, circumstances, extent, and the 
21 
gravity 'of the violation, and with respect to the riolator, ability to pay, effect on ability to 
22 
continue to do business, any history of prior related violations, the degree of culpability, and 
23 
such other matters as the Secretary determines to be appropriate. Any person who has requested 
24 
a hearing with respect to the assessment of a civil penalty, may file a petition for judicial review 
25 
of such order with the Regional Trial Court in the place where such person resides or transacts 
26 
business. Such a petition may only be filed within the 30-day period beginning on the date the 
9 


1 
order making such assessment was issued. If a person Fails to pay an assessment of a civil 
2 
penalty after the order making the assessment has become a final order and if such person does 
3 
not file a petition for judicial review of the order; or after a court in an action has entered a final 
4 
judgment in favor of the Secretary; the Solicitor General shall recover the amount assessed, 
• 
'j' 
-, ",', 
5 
including interest at currently prevailing rates from the date of the expiration of the 30-day 
6 
period or the date of such final judgment, as the case may be, in an action brought in any 
7 
appropriate Regional Trial Court. In such action, the validity, amount and appropriateness of 
8 
such penalty shall not be subject to review. 
9 
(B) 
Criminal. - Any person who kno;!.yingly or wilfully violates any provision of 
jl~lml 
Section 7 of this Act, shall, in addition to or in li~l~r any civil penalty which may be imposed 
under paragraph (A) of this Section for such violati1>h, be subject, upon conviction, to a fine of 
10 
11 
12 
not more than One Hundred Thousand Pesos (PIOO,OOO.OO) for each day of violation, or to 
13 
imprisonment for not more than 1 year, or both. Not later than December 1 of the year in which 
14 
this Act is promulgated, and December I of each fifth calendar year thereafter, the Secretary 
15 
shall prescribe and publish in at least two (2) newspapers of general circulation, a schedule of 
16 
maximum authorized fines that shall apply for vi(jl~fibi\s" that occur after January 1 of the year 
17 
immediately following such publication. 
18 
SECTION 9. Citizens' Suits. -
19 
(A) 
In General. - Except as provided in paragraph (B), any person may commence a 
20 
civil action against: 
21 
(I) 
Any person who is alleged to be in violation, including the Government of 
22 
the Philippines, to the extent allowable by law; or 
23 
(2) 
The Secretary, to compel him to carry out ministerial duties assigned to 
24 
him under this Act. Any civil action under this subsection shall be brought 
25 
in the Regional Trial court of the district in which the alleged violation 
26 
occurred, or where the defendant resides or where the defendant's 
27 
principal place of business is located. The Regional Trial Court shall have 
10 


1 
jurisdiction over suits brought under this section, without regard to the 
2 
amount in controversy or the citizenship of the parties. The Court shall 
3 
have jurisdiction to order all necessary injunctive relief and to impose any 
4 
civil penalty. 
";' .. , .. , """ 
5 
(B) 
Limitations. - No civil action may be commenced to restrain any violation of 
6 
Section 7 of this Act before the expiration of sixty (6.0) days after the plaintiff has given notice of 
7 
such violation to the Secretary and the person who is alleged to have committed such violation if: 
8 
(1) 
The Secretary has commenced a proceeding a proceeding for the issuance 
9 
of an order to require compliance with the regulation or requirement and is 
10 
diligently pursuing such proceeding or has issued an order to carry out the 
11 
regulation or requirement described in Section 7 and is diligently pursuing 
12 
the enforcement of such order; or 
13 
(2) 
The Solicitor General has commenced a civil action in a court of the 
14 
Republic of the Philippines to require compliance with the regulation 
15 
requirement and is diligently prosecuting such civil action. 
16 
No civil action may be recommended agaidsi'the' 'S'ebretary under paragraph (A) before 
17 
the expiration ofa 6D-day period after the plaintiff has given notice to the secretary of the alleged 
18 
failure of the Secretary to perform an act or duty which is the basis for such action. 
19 
(C) 
Intervention. - If a proceeding or civil action is commenced by the Secretary or 
20 
the Solicitor general after the giving of notice by a person other than the Secretary or Solicitor 
21 
General, such person may intervene as a matter of right in such proceeding or action. In any 
, 
22 
action under this section, the Secretary or the Solicitor General, if not a party, may intervene as a 
23 
matter of right. 
24 
(D) 
Notice. - Notice under this section shall be given in such manner as the Secretary 
25 
shall prescribe by regulation. 
26 
(E) 
Attorney Fees and Court Costs. - The court, in issuing any final order in any 
27 
action brought under this Act, may award costs of suit and reasonable fees for attorneys and 
, 
28 
expert witnesses, if the court determines that such award is appropriate. 
11 


1 
(F) 
Consolidation. - When two or more civil actions brought under involving the 
2 
same defendant and the same issues or violations are pending in two or more judicial districts, 
3 
such pending actions may be consolidated and tried as provided for in the Rules of Court. 
4 
SECTION 10. Public Information Campaign. - The Secretary shall conduct a public 
5 
information and education campaign, including public service advertising, in order to enable 
6 
consumers to: 
7 
(A) 
Recognize environmental marketing claims regulated under this lact and be able 
8 
to distinguish them from other environmental marketing claims; 
9 
(B) 
Have information about the criteria used by the Secretary in establishing 
10 
standards and definitions for environmental marketing claims, and 
11 
(C) 
Have a better understanding about the effects that products and packages can have 
12 
9n the environment. 
13 
SECTION 11. Statutory Construction. -
14 
(A) 
Right to Seek Enforcement. - Nothing'in SecHon 9 shall restrict any right which 
15 
any person or class of persoils may have under any other statute to seek enforcement of any 
16 
regulation promulgated under Section 5 ofthis Act. 
17 
(B) 
Actions against Advertisers. -Nothing in this Act shall be construed so as to alter 
18 
the right under any other provision of law of a person or government to commence an action 
19 
against an advertiser related to the use of false or misleading environmental marketing claims. 
20 
(C) 
Standards. - Nothing in this Act shall be construed so as to prohibit the 
21 
government form enacting and enforcing a standard or requirement with respect to the use of an 
22 
environmental marketing claim that is more stringent than a standard or requirement relating to 
23 
an environmental marketing claim established or pro,mulgated under this Act. 
24 
SECTION 12. Appropriations. -To carry out the provisions of this Act, such snm as may 
25 
be necessary is hereby authorized to be appropriated from the National Treasury. Thereafter, the 
12 


1 
sum necessary for the continuous operation of the program shall be included in the annual 
2 
appropriation of the Department of Trade and Industry .. 
3 
SECTION 13. Separability Clause. - If anypr?vi~i01: or part thereof is held invalid or 
.4 
imconstitutional, the remainder iifthe law or the provision shall remain valid and subsisting. 
5 
SECTION 14. Repealing Clause. - Any law, presidential decree, issuance, executive 
6 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
7 
with the· provisions of this Act is hereby repealed, modified, or amended accordingly. 
8 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
9 
publication in at least two (2) newspapers of general circulation. 
Approved, 
,; T' 
. -, 
., 
" 
i . 
13