" 
., 
SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
) 
) 
) 
First Regular Session 
SENATE 
Senate Bill No. _1-'.-4_5_4_ 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
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One of the causes of flooding in our country is attributed to the 
use of non-biodegradable plastic bags not properly disposed. In 2006, 
2010, and 2011, waste audits conducted by the EcoWaste Coalition 
revealed plastic products as the highest garbage contributor in terms 
of volume in Manila Bay and Laguna Lake. The use of plastic bags 
substantially increases the country's waste generation which in tum 
also increases the flooding and water pollution. Almost 100,000 
animals are killed every year bc::cause of these plastic bags. Animals 
ingest them which remain intact even after their death and 
decomposition. Worst environmental effect of non-biodegradable 
plastic bags is that the decomposition takes about 400 years. 
To resolve the issue of flooding and pollution, at present there 
are more or less 95 LGUs allover the country which implemented an 
ordinance banning or regulating the use of plastic bags. 
This bill seeks to apply the same objectives which most LGUs 
had already implemented. To save our environment and at the same 
time to resolve the issue of flooding the use of plastic bags should be 
regulated Nationwide. 
In view of the foregoing, approval of this bill is earnestly sought. 
< 
()' C; -:.. : 
JOSEPH VICTOR G. EJERCITO 
Senator 


SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
1454 
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Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT REGULATING THE PRODUCTION, IMPORTATION, SALE, 
PROVISION, USE, RECOVERY, COLLECTION, RECYCLING AND 
DISPOSAL OF PLASTIC BAGS 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Short Title. -
This Act shall be known as the 
"Plastic Bag Regulation Act of 2013" . 
SECTION 2. Definition of Terms. - For the purpose of this Act: 
I", ,,' 
(a) Biodegradable plastic bag refers to a plastic bag that degrades into 
fine wetable fragments through oxidation processes and thereafter 
attain molecular structure suited for biodegradation that results from 
the action of naturally occurring microorganisms such as bacteria, 
fungi and algae. Such plastic bags shall, within twenty-four (24) 
months after its use, have a sixty percent (60%) biodegradation where 
organic carbon is converted to carbon dioxide without leaving 
significant harmful residues, 
(b) Commercial establishment refers to an establishment or cluster of 
establishments engaged in 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, sari-sari stores and the like. 
(c) Department refers to the Department of Environment and Natural 
Resources (DENR). 
(d) Operator refers to a person or group of persons in control of, or 
having daily responsibility for, the daily operation of a store, which 
may include, but not limited to, the owner of the store. 


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(e) Plastic bag .refers to a polymer bag designed to be provided or 
utilized at the point of sale for carrying and transporting goods. 
(1) Reusable bag refers to a washable canvass bag, a bayong or any 
shopping bag used for carrying and transporting goods, which bags 
are made of organic or nonorganic materials and can be used several 
times. 
SECTION 3. Biodegradable Plastic Bags. - Six (6) months after 
the effectivity of this Act, commercial establishments shall provide 
biodegradable plastic bags to their consumers: Provided, That they 
shall 
promote 
and 
make 
available 
for 
sale locally-
made bayong, buli and other reusable bags that are made of abaca, 
water lily and other organic or compostable materials: Provided, 
further, That establishments may still provide other plastic bags as 
sanctioned under Section 5 of this Act. 
For this purpose, the Department of Trade and Industry (DTI), in 
coordination with the Department, leagues of local government units 
(LGUs), National Solid Waste Management Commission (NSWMC), and 
other government and private agencies and organizations concerned 
shall, within six (6) months from the effectivity of this Act, promulgate 
the appropriate Philippine National Standard (PNS) for biodegradable 
plastic bags: Provided, That the DTI shall consider in the PNS the 
recyclability of biodegradable plastic bags. 
SECTION 4. In-Store Recovery Program. - Within sixty (60) days 
after the effectivity of this Act; 'the operator or cluster of operators of 
commercial establishments that provide plastic bags to consumers as 
part of a purchase at retail, shall establish an in-store recovery 
program that will give their customers an opportunity to return their 
used plastic bags to the commercial establishments from which the 
plastic bags originated. 
An in-store recovery program provided by the operator of said 
commercial establishment shall include the following: 
(a) A plastic bag shall have printed or displayed on it in a 
manner visible to the consumer, a logo and/or words showing that it 
is a biodegradable plastic bag; 
(b) A plastic bag printed with the name or logo of the 
establishment shall have printed or displayed on it the words 
"PLEASE RETURN TO ANY STORE FOR RECYCLING", in addition to 
the requirement of the immediately preceding paragraph; 
(c) A plastic bag recovery bin shall be placed at each store or 
cluster of stores and shall be visible, easily accessible to the costumer, 
and clearly marked that the recovery bin is available for the purpose 
of collecting, recycling and disposal of plastic bags; 


" 
(d) All plastic bags recovered by the store shall be collected, 
transported, and, whenever practicable, recycled and disposed by the 
LGUs pursuant to Section 8 of this Act. 
(e) The commercial establishment shall maintain records 
describing the 
recovery, 
collection, 
transport, 
and whenever 
applicable, recycling and disposal of plastic bags collected for a 
minimum of three (3) years, and every year thereafter. It shall make 
the records available to the Department and/or LOU, upon request, to 
demonstrate compliance with this Act. The LGU concerned shall 
likewise maintain records it has recovered, collected and transported 
for recycling or disposal, and shall make the records available to the 
Department; 
(f) The commercial establishment shall require their customers 
to surrender an equivalent or practically equivalent plastic bag for the 
provision of a new plastic bag. Otherwise, the customer or consumer 
will be charged a fIxed fee of P1.00 per plastic bag, which fee shall be 
reflected in their receipts; and 
(g) The commercial establishment shall make local reusable 
bags available to consumers within the establishment, which shall be 
purchased in lieu of surrendering an old plastic bag or purchasing a 
new plastic bag. 
SECTION 5. Phaseoittof Nonbiodegradable Plastic Bags. -
Notwithstanding 
the 
provision 
of 
Section 
4 
of 
this 
Act, 
nonbiodegradable plastic bags shall be gradually phased out within a 
period of three (3) years from the effectivity of this Act. Thereafter, 
production, importation, sale, distribution, provision or use of said 
bags shall be prohibited. 
SECTION 6. Lead Agency. - The Department, unless otherwise 
provided herein, shall be the primary government agency ,responsible 
for the implementation and enforcement of this Act. 
SECTION 
7. Linkage Mechanism. 
-
The Department, in 
coordination with the DTI and the NSWMC, shall consult, and enter 
into an agreement with other government agencies or LGUs, or with 
concerned 
nongovernmental 
organizations 
(NGOs) 
or 
people's 
organizations (POs) , or private enterprises in the furtherance of the 
objectives of this Act. 
SECTION 8. Role of Local Government Units (LGUs) - The LOUs 
shall have the primary responsibility in the effort to decrease the 
percentage of plastic bag waste produced within their respective 
territorial jurisdictions. 


. , . . 
For this purpose, they shall be primarily responsible for the 
collection, transportation, recycling and disposal of plastic bags 
recovered pursuant to this Act. The LGUs may enjoin the participation 
of other concerned government agencies, private entities and 
industries. 
The Department of Science and Technology (DOST), in 
coordination with the National Ecology Center, shall provide the LGUs 
with technical assistance, trainings and continuing capability-building 
programs to attain the objectives of this Act. 
SECTION 9. Fines and Penalties. - Violations of Sections 3, 4 
and S of this Act shall be penalized in the following manner: 
(a) A fine of not exceeding One hundred thousand pesos 
(PIOO,OOO.OO) for the first offense; 
(b) A fine of not exceeding Two hundred fifty thousand pesos 
(P2S0,OOO.OO) for the second offense; 
(c) A fine of not exceeding Five hundred thousand pesos 
(PSOO,OOO.OO) for the third offense; and 
(d) A fine of not exceeding Seven hundred fifty thousand pesos 
(P7S0,OOO.OO) and automatic revocation of its business permit for the 
fourth offense. 
I " 
Fines shall be imposed based on the capitalization of 
commercial establishments. For this purpose, the Department shall 
establish such classification of commercial establishments. 
For purposes of the imposition of appropriate fines hereof, the 
Department 
'shall 
establish 
classification 
of 
commercial 
establishments based on their capitalization. 
Any fine collected pursuartt to this section shall be retained by 
the barangay unit, where the store is located in order to augment its 
waste management capability. 
SECTION 10. 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 any of the provisions of this 
Act with respect to: 


· " 
(a) Standards and limitations provided by this Act; or 
(b) Such order, rule or regulation issued by the DTI with respect 
to such standard or limitation. 
SECTION 11. Independence of Action. -
The filing of an 
administrative suit against such person or entity does not preclude 
the right of any other person to file any criminal or civil action. 
SECTION 12. Enforcement. -
The enforcement of the penal 
provision of this Act shall be made through the Department, in 
coordination with the Office of the Mayor of the LGU concerned. 
SECTION 13. 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. 
SECTION 
14. Implementing 
Rules and Regulations. - The 
Department, in coordination with the DTI, the NSWMC and other 
relevant government agencies and organizations shall, within six (6) 
months from the effectivity of this Act, promulgate the implementing 
rules and regulations (IRR) governing this Act. 
SECTION 15. 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. 
SECTION 16. Separability Clause. -
If, for any reason, any 
provision of this Act or part thereof is declared unconstitutional or 
invalid by a court of competent jurisdiction, the other provisions or 
parts hereof not affected shall remain in full force and effect. 
SECTION 17. Repealing Clause. - All laws, decrees, orders, 
issuances, ordinances, rules and regulations or parts thereof 
inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SECTION 18. 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,