EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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S E N A T E  
S. No.1 0 1 1
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•19 
S E P -4 
P 2  -37
T t n r
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
AMENDING REBULIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL 
GOVERNMENT CODE OF 1991, FOR THE PURPOSE OF ENHANCING THE 
POWER OF LOCAL GOVERNMENT UNITS IN WASTE MANAGEMENT AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
The Local Government Code of 1991 states that:
"The State shall provide for a more responsive and accountable local 
government structure instituted through a system o f decentralization whereby 
local government units shall be given more powers, authority, responsibilities, 
and resources."
Decentralization broadens the base of government power and produces a highly 
responsive and tailor-fit approach, which makes LGUs more effective partners of the 
national government in the pursuit of development and social progress. Among these 
goals for development and progress are the proper management of waste and the 
availability of electricity in every local government unit.
This goal was actually one of President Rodrigo Duterte's priority legislative 
measures during his State of the Nation Address (SONA) in 20161, wherein he
1 President Rodrigo Roa Duterte, State of the Nation Address, Delivered at the Batasang Pambansa Complex, 
Quezon City on July 25, 2016


expressed his desire for Congress to pass waste to energy legislative measures as a 
solution to our waste management problem.
At present, around eighty percent (80%) to ninety percent (90%) of the 
capacity of the constructed sanitary landfills in the country have been utilized and are 
projected to be at full capacity within the next five (5) years. In addition to this looming 
incapacity are the environmental and health risks our existing landfills pose. In a study 
done by the Japan International Cooperation Agency in Davao, the significant amount 
of landfilled organic wastes is generating methane gas due to anaerobic 
decomposition. Further, sanitary conditions continue to degrade due to bad odor and 
insects that are generated in the open-dumping areas. Lastly, although leachate 
treatment facilities are installed to process possible hazardous water from landfills, 
there is the risk that untreated leachate is contaminating the surrounding areas. 
According to the United Nations Environment Program, open and unsanitary landfills 
contribute to contamination of drinking water and can cause infection and transmit 
diseases. The dispersal of debris pollutes ecosystems and dangerous substances from 
electronic waste or industrial garbage puts a strain on the health of urban dwellers 
and the environment. We cannot continue to put the health of our citizens at risk.
In the energy sector, rotational brownouts are being implemented by electric 
suppliers in some areas of the country. During the dry season, the production of 
energy supply drastically drops since we rely on several hydroelectric power plants. 
The price of electricity is also increasing due to the shortage of supply and the 
increasing demand, coupled with the rising prices of petroleum products in the world 
market which is the primary raw material for the operation of our fossil fuel power 
plants.
The United Nations Sustainable Development Goal No. 11 aims to make cities 
and human settlements inclusive, safe, resilient and sustainable and included in this 
goal is goal No. 11.6 that aims reduce the adverse per capita environmental impact of 
cities, including by paying special attention to air quality and municipal and other 
waste management. Also, Sustainable Goal No. 12.5 aims to substantially reduce 
waste generation through prevention, reduction, recycling and reuse. Effective and 
efficient waste management is a global initiative we must not fall behind in.


Lastly Sustainable Goal No. 7 aims to ensure access to affordable, reliable, 
sustainable and modern energy for all. As a country that has not yet been able to 
provide energy to all its inhabitants and has been foreseen to even have increased 
demand for power in the coming years, this goal has never been more relevant than 
it is today.
To address both the disposal of solid waste and shortage of energy supply, this 
bill proposes to allow the use of waste to energy technologies that will satisfy 
environmental and health standards that are in consonance with standards set by the 
United Nations and other appropriate international bodies. This is in harmony with the 
Supreme Court ruling in the case of Metropolitan Manila Development Authority vs. 
Jancom Environmental Corporation, et al., where it was ruled that the Republic Act 
No. 8749, or otherwise known as the Clean Air Act of 1999, does not absolutely 
prohibit incineration as a mode of waste disposal, rather only those burning processes 
which emit poisonous and toxic fumes are banned. With the technology today, as a 
number of countries have come to enjoy, clean and environmentally friendly 
conversion of waste to energy is possible.
Considering the foregoing, the immediate enactment of this SONA Legislative 
measure is respectfully requested.
FKAftLI
3TOL" N. TOLENTINO
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S E N A T E  
S. N O .J J U 1
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'19 SEP-4 P2 07
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Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
AMENDING REBULIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL 
GOVERNMENT CODE OF 1991, FOR THE PURPOSE OF ENHANCING THE 
POWER OF LOCAL GOVERNMENT UNITS IN WASTE MANAGEMENT AND FOR 
OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the "LGU Waste
2 
Management Act of 2019."
3 
Sec. 2. Section 17 of Republic Act No. 7160, otherwise known as the Local
4 
Government Code of 1991 is hereby amended to read as follows:
5
6 
"SECTION 17. Basic Services and Facilities.
7 
XXX
8 
(b) Such basic services and facilities include, but are not limited to, the following:
9 
(1) For a Barangay:
10 
XXX
11 
(5) FOR A HIGHLY URBANIZED CITY
12 
(I) ESTABLISHMENT OF ENVIRONMENTALLY SOUND WASTE
13 
MANAGEMENT SYSTEMS INCLUDING WASTE TO ENERGY
14 
FACILITIES 
THAT 
COVERS 
REDUCTION, 
SEGREGATION,
1


1 
RECYCLING, RE-USE, DISPOSAL, AND CONVERSION OF WASTE
2 
INTO 
USEFUL RESOURCES 
THROUGH 
LOANS, 
GRANTS,
3 
CAPITAL 
INVESTMENTS, 
PARTNERSHIPS, 
AND 
JOINT
4 
VENTURES WITH BOTH PRIVATE AND PUBLIC INSTITUTIONS
5 
OR ENTITIES, 
WHETHER DOMESTIC OR INTERNATIONAL
6 
WITHOUT 
SOVEREIGN 
GUARANTY 
FOR 
THE
7 
CONCEPTUALIZATION, ESTABLISHMENT, OPERATION, AND
8 
MAINTENANCE OF STATE-OF-THE-ART WASTE MANAGEMENT
9 
FACILITIES.
10
11 
Sec. 3. Implementing Rules and Regulations. -T he Department of the Interior
12 
and Local Government, in coordination with the Department of Environment and
13 
Natural Resources, the Department of Energy, and the Department of Science and
14 
Technology shall collectively craft, and issue, within sixty (60) days from the date of
15 
the effectivity of this Act, the Implementing Rules and Regulations for the effective
16 
implementation of this Act.
17 
Sec. 4. Separability Cause. -  If any provision of this Act shall be held
18 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
19 
full force and effect.
20 
Sec. 5. Repealing Cause. -  All laws, decrees, executive orders, proclamations
21 
and other executive issuances which are inconsistent with or contrary to the provisions
22 
of this Act are hereby amended or repealed accordingly.
23 
Sec. 6. Effectivity Cause. -  This Act shall take effect fifteen (15) days following
24 
its complete publication in the Official Gazette or in two (2) national newspapers of
25 
general circulation.
Approved,