Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HLB. No. _ 2396

Introduced by HON. LORD ALLAN JAY Q. VELASCO

EXPLANATORY NOTE

‘This measure seeks to impose a ban on the production, importation, sale, provision and
use of single-use plastics in order to curb the growing problem of plastic pollution in the
country.

Under Article II, Section 16 of the 1987 Philippine Constitution, “[tJhe 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.”

Pursuant to this well-enshrined constitutional right, one of the declared policies under
Republic Act No. 9003 or the “Ecological Solid Waste Management Act of 2000” is that
the State shall adopt a systematic, comprehensive and ecological solid waste
management program which will “[ultilize environmentally-sound methods that
maximize the utilization of valuable resources and encourage resource conservation and
recovery.”

Today, one of the environmental issues around the globe is the problem of plastic wastes.
The Asia-Pacific region accounts for 60% of improperly disposed plastic wastes, or
mismanaged wastes, according to data from nonprofit research organization Our World
in Data. This type of waste has a high possibility of entering the ocean through rivers or
other waterways." In a report of the Ellen MacArthur Foundation in partnership with the
World Economic Forum, it was predicted that, by 2050, the plastics in the ocean could
weigh more than fish. This is aggravated by the fact that single-use plastics are often used
for a matter of minutes, sometimes seconds, and yet they could take hundreds of years to
decompose. The Philippines is one of the world’s top five countries that contribute to
plastic wastes causing marine pollution. Thus, it behooves our country to start

prohibiting the use and spread of plastics in order to preserve the environment for future
generations.

There is also concern that failure to address pollution - plastic or otherwise - could
discourage foreign investors, who increasingly examine environmental, social and

Jun Suzuki and Marimi Kishimoto, Southeast Asia starts to dump single-use plastics, 01 July 2019 at
https:/ /asia nikkei.com/Spotlight/ Environment/Southeast-Asia-starts-to-dump-single-use-

Plastics (last accessed 08 July 2019).

‘Aya Tantiangco/LA, PHL T cea te countries that produce half of world’s plastic waste ~ LIN report, 05

June 2018 at ups ww gmanetworkcom /news (iste healthandwcllness 50734 phil

£5. If-of-world-s-pl (last accessed 17 July
2019).



governance criteria, known as ESG, before investing money.® As part of the movement
for sustainable economic development, more and more cities in the modern world are
adopting new laws prohibiting the use, sale and importation of plastics.

Here in the Philippines, some local government units, such as Makati City and Los Banos,
Laguna, have already issued ordinances banning single-use plastics. In order to make it
more effective, a nationwide ban must be implemented. This would help the country
prevent more environmental damage coming from plastic wastes. Hence, the time is ripe
for the Philippines to enact a national legislation that will institutionalize the prohibition
on the production, importation, sale, provision and use of single-use plastics.

In view of the foregoing, the early passage of this measure is sought.

LORD ALI JAY Q. VELASCO

Jun Suzuki and Marimi Kishimoto, at 1.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

H.B. No. _ 2386

Introduced by HON. LORD ALLAN JAY Q. VELASCO

AN ACT PROHIBITING THE PRODUCTION, IMPORTATION, SALE, PROVISION,
AND USE OF SINGLE-USE PLASTICS AND FOR OTHER PURPOSES

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

SECTION 1. Short title. - This Act shall be known as the “Ban on Single-Use Plastics Act.”

SEC. 2. Declaration of policy. - It is the declared policy of the State to protect and
advance the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.

SEC. 3. Definition of terms. - For purposes of this Act:

(a) Single-Use Plastics refer to disposable plastics, which are used only once before
they are thrown away or recycled. The term includes, but shall not be limited to,
disposable plastic bags, straws, coffee stirrers, soda and water bottles and food
and non-food plastic packaging materials.

(b) Covered mntcinet refers to:

an establishment or cluster of establishments engaged in the
production, manufacturing and importation of single-use plastic
materials; or

ii, an establishment or cluster of establishments engaged in the
commerce or sales of goods or services including, but not limited to,
market stores, shopping mall outlets, supermarkets, department
stores, groceries, convenience stores, food chains, restaurants, cafes,
bars and sari-sari stores.

(©) Department refers to the Department of Environment and Natural Resources
(DENR).

(A) Operator refers to a person or group of persons in control of the ownership and
daily operation of a covered establishment and which may include, but not
limited to, the owner thereof.

SEC. 4. Ban on single-use plastics. - Within a period of three (3) years from the effectivity
of this Act, single-use plastics shall be gradually phased out. Thereafter, production,
importation, sale, distribution, provision or use of such plastic materials shall be


prohibited and shall subject the person(s) or the covered establishment(s), as well as its
operator, concerned to penalties.

SEC. 5. Interim charge for the purchase and use of single-use plastics in covered
establishments. During the interim period of three (3) years, wherein the gradual phase-
out of single-use plastics shall take effect, covered establishments shall charge customers
in the amount of:
a) P20 for those who want to buy and use single-use plastic bags;
b) P10 for the purchase and use of single-use plastic food and non-food packaging,
materials or containers, soda and water bottles; and

©) P35 for the purchase and use of single-use plastic utensils, such as straws, coffee
stirrers, spoon and fork

The implementing rules and regulations shall specify further the charge to be imposed,
during the interim period, for the purchase and use of single-use plastic items and
materials which are not mentioned in this Act.

Non-enforcement of these charges for the purchase and use of single-use plastics in
covered establishments shall be meted with penalties to be imposed against the
responsible person(s) and covered establishment(s), including its operator.

SEC. 6. Lead agency. - The Department, unless otherwise provided herein, shall be the

primary government agency that will be responsible for the implementation and
enforcement of this Act.

SEC. 7. Linkage mechanism. ~ The Department, in coordination with the Department of
Trade and Industry (DTI) and the National Solid Waste Management Commission
(NSWMC), shall consult, and enter into an agreement with concerned government
agencies, local government units, non-governmental organizations (NGOs), people's
organizations (POs) and/or private enterprises in furtherance of the objectives of this Act.

SEC. 8. Role of Local Government Units (LGUs). - In the effort to ensure strict

enforcement of this Act, the LGUs shall have the primary responsibility to implement its
provisions within their respective territorial jurisdictions.

In connection with this duty, the LGUs may enjoin the participation of other concerned
government agencies, private organizations and industries.

The Department of Science and Technology (DOST), in coordination with the National
Ecology Center (NEC), shall provide the LGUs with technical assistance, trainings and
continuing capability-building programs to attain the objectives of this Act.

SEC. 9. Penalty for violation of Section 4. ~ The violation of Section 4 of this Act shall be
penalized in the following manner:

(a) A fine not exceeding One hundred thousand pesos (P100,000.00) for the first
offense;

(b) A fine of more than One hundred thousand pesos (P100,000.00) but not
exceeding Two hundred fifty thousand pesos (P250,000.00) for the second
offense;

(© A fine of more than Two hundred fifty thousand pesos (P250,000.00) but not
exceeding Five hundred thousand pesos (P500,000.00) for the third offense; and


(d)A fine of more than five hundred thousand pesos (P500,000.00) but not
exceeding seven hundred fifty thousand pesos (P750,000.00) and automatic
revocation of its business permit for the fourth offense.

Fines shall be imposed based on the capitalization of covered establishments. For this
purpose, the Department shall establish such classification of covered establishments.

For purposes of the imposition of appropriate fines hereof, the Department shall establish
classification of covered establishments based on their capitalization. Any fine collected
pursuant to this section shall be allocated as follows:
a) 80% to the barangay where the establishment is located, in order to augment
its waste management capability; and
b) 20% to the national government.

SEC. 10. Penalty for violation of Section 5. - The violation of Section 5 of this Act shall
be penalized in the following manner:

(a) A fine not exceeding one hundred thousand pesos (P100,000.00) for the first
offense;

(b) A fine of more than one hundred thousand pesos (P100,000.00) but not
exceeding one hundred fifty thousand pesos (P150,000.00) for the second
offense;

(©) A fine of more than one hundred fifty thousand pesos (P150,000.00) but not
exceeding three hundred thousand pesos (P300,000.00) for the third offense;
and

(d)A fine of more than three hundred thousand pesos (300,000.00) but not
exceeding five hundred thousand pesos (P500,000.00) and automatic
revocation of its business permit for the fourth offense.

Fines shall be imposed based on the capitalization of covered establishments. For this
purpose, the Department shall establish such classification of covered establishments.

For purposes of the imposition of appropriate fines hereof, the Department shall establish
classification of covered establishments based on their capitalization. Any fine collected
pursuant to this section shall be allocated as follows:
a) 80% to the barangay where the establishment is located, in order to augment
its waste management capability; and
b) 20% to the national government.

SEC. 11. Administrative action. - Without prejudice to the right of any person to file an
administrative action, the Department 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 this Act with respect to:
(a) Standards and limitations provided by this Act; or
(b) Such order, rule or regulation issued by the Department with respect to such
standard or limitation.

SEC. 12. Independence of action. - The filing of an administrative suit against such person
orentity does not preclude the right of any other person to file any criminal or civil action.

SEC. 13. Enforcement. - The enforcement of penal provisions of this Act shall be made
through the Department, in coordination with the Office of the Mayor of the LGU
concerned.


SEC. 14. Joint congressional oversight committee. - The Joint Congressional Oversight
Committee created under Section 60 of Republic Act No. 9003, otherwise known as the
“Ecological Solid Waste Management Act of 2000,” shall likewise monitor the
implementation of this Act and review the implementing rules and regulations
promulgated by the Department.

SEC. 15. Implementing rules and regulations. - The DENR, in coordination with the DTI,
the NSWMCG, other relevant government agencies and concerned non-governmental
organizations (NGOs) or people's organizations (POs) or private enterprises, shall within
three (3) months from the effectivity of this Act, promulgate the implementing rules and
regulations (IRR) governing this Act.

SEC. 16. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be charged against the current year’s appropriations of the concerned agencies.
Thereafter, such sums as may be necessary for the operation and maintenance of this Act
shall be included in the General Appropriations Act.

SEC. 17. Separability clause. - If, for any reason, any provision of this Act or part thereof
is declared unconstitutional, the other provisions or parts hereof not affected shalll remain
in full force and effect.

SEC. 18. Repealing clause. - All laws, presidential decrees, executive orders, rules and
regulations and other issuances, or any part thereof, which are inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

SEC. 19. Effectivity clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,