, 
,",,'" .... 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
·14 
SEP 18 Al0:25 
SENATE 
Introduced by SENATOR LOREN LEGARDA 
AN ACT TO REGULATE THE PRODUCTION, IMPORTATION, SALE, USE, 
RECYCLING, AND DISPOSITION OF PLASTIC BAGS, PROMOTING THE USE 
OF NATIVE REUSABLE BAGS, PROVIDING A MECHANISM FOR THE 
RECOVERY AND COLLECTION OF PLASTIC BAGS, 
AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Plastic bags are ubiquitous components of the world's consumer culture. These non-
biodegradable plastic bags symbolize the throwaway culture which the Philippines, 
along with many other countries, has developed. 
According to the Earth Policy Institute based in Washington, D.C., United States, an 
estimated one trillion single-use plastic bags are used each year, or at the rate of almost 
2 million per minute. As they are oftentimes immediately discarded, single-use plastic 
bags are commonly found in landfills and have become a significant cause of water 
pollution. It is also well-recognized that the burning of plastic bags has adverse 
impacts to the environment and to human health, given the level of toxic chemical 
content. 
This bill aims to strictly regulate the production, importation, sale and use of plastic 
bags. A point-of-sale store shall be prohibited from providing the consumer with 
plastic bags for the purpose of carrying or transporting items or products purchased by 
the said consumer. This will put the use of single-use plastic bags to a minimum 
considering that plasticS are made from petroleum. Plastic and paper products as 
defined and used under this Act shall be appropriately and properly labeled to be 
biodegradable, non-biodegradable, or recyclable, as the case may be. More importantly, 
manufacturers will have an important role in the recycling and proper disposal of their 
own products. 
For these compelling reasons, the immediate approval of this bill is urgently sought. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.B. No. _~1~5 
Introduced by Senator LORI:iN LEGARDA 
14 SEP 18 Al0:25 
AN ACT TO REGULATE THE PRODUCTION, IMPORTATION, SALE, USE, 
RECYCLING, AND DISPOSITION OF PLASTIC BAGS, PROMOTING THE USE 
OF NATIVE REUSABLE BAGS, PROVIDING A MECHANISM 
FOR THE RECOVERY AND COLLECTION OF PLASTIC BAGS, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short title. This Act shall be known as the "PLASTIC BAGS 
2 
REGULATION ACT OF 2014." 
3 
4 
SECTION. 2. Declaration of policy. It is hereby declared the policy of the State to 
5 
protect and promote the right of the people to a balanced and healthful ecology and 
6 
the right to health. It is also hereby declared the policy of the State to protect the 
7 
physical, moral and social well-being of its citizens by ensuring the use of non-toxic 
8 
and non-hazardous materials in commerce and trade. Towards this end, the State 
9 
shall regulate the manufacture, use, recycling, and disposition of plastic bags. 
10 
11 
SECTION. 3. Definition of terms. For the purpose of this Act, the following terms 
12 
shall be defined as follows: 
13 
14 
a) Biodegradable plastic bag - a plastic bag that is made of compostable material 
15 
and biodegrades through the action of naturally occurring microorganisms 
16 
such as bacteria, fungi, and algae. Such plastic bags shall have a ninety percent 
17 
(90%) biodegradation in less than 6 months where organic carbon is converted 
18 
to carbon dioxide without leaving significant harmful residue. 
19 
20 
This definition shall not include degradable bags (such as oxo-bio) which, 
21 
only break down into smaller pieces of plastic. Such degradable bags shall be 
22 
considered as plastic bags as defined under this Act. 
23 
24 
b) Consumer - any person or group of persons who makes a purchase or 
25 
completes a transaction in any point-of-sale store or establishment. 
26 
27 
c) Manufacturer -
a duly accredited person, company, or association of 
28 
companies in control of, or habitually engaged in, the business or related 
29 
business of manufacturing, producing, distributing, or redistribution of plastic 
30 
,bags, as defined in the Act. In case of imported plastic bags, the 
I 


1 
2 
manufacturer's representative or, in his absence, the importer shall be deemed 
the manufacturer for purposes of this Act. 
3 
4 
d) Operator - a person or group of persons in control of, or having daily 
5 
responsibility for the operations, of the point-of-sale store. 
6 
7 
e) Philippine National Standards (PNS) - the national standard approved by 
8 
the Technical Committee under the Bureau of Products Standard of the 
9 
Department of Trade and Industry (DTI). 
10 
11 
f) Plastic bag - a polymer bag or a bag made in whole or in part of polyethylene, 
12 
polypropylene, and polycarbon, or other similar material, and designed to be 
13 
provided 01' utilized at the point of sale store for carrying or transporting, 
14 
goods or items. 
15 
16 
This definition includes single-use carry-out bags. 
17 
18 
g) Point-of-sale store - any store, retail/ wholesale establishment, kiosk, market 
19 
stall, supermarket, side-walk or ambulant vendor stalls, and other similar and 
20 
analogous businesses that trade or sell goods, items, and merchandise, 
21 
whether consumable or non-consumable. 
22 
23 
h) Recyclable paper carry-out bag - a paper bag that meets all of the follOWing 
24 
requirements: i) contains no old growth fiber; ii) is one hundred percent 
25 
(100%) recyclable overall and contains a minimum of forty percent (40%) 
26 
postconsumer recycled material without lamination or wax; iii) is capable of 
27 
composting and is biodegradable; iv) is accepted for recycling; v) has printed 
28 
on the bag the name of the manufacturer, the location where the bag was 
29 
manufactured, and the percentage of postconsumer recycled material used; 
30 
and, vi) displays the words "Please Recycle" in a highly visible manner on the 
31 
outside of the bag. 
32 
33 
i) Re-usable bag - any shopping bag used for carrying or transporting goods or 
34 
items, which can be used several times. This shall include those made of 
35 
materials such as cloth, cotton, pandan, cheese cloth, coco cloth, abaca, buri, water 
36 
lily, and the like, and those made with recycled materials. 
37 
38 
Such re-usable bag shall also be specifically designed and manufactured for 
39 
multiple re-use and meets all of the following requirements: i) has a minimum 
40 
lifetime of 125 uses, which for purposes of this subsection, means the 
41 
capability of carrying a minimum of 10 kilograms 125 times over a distance of 
42 
at least 50 meters; ii) has a minimum volume of 15 liters; iii) is machine 
43 
washable or capable of being cleaned and disinfected; and, iv) does not 
44 
contain any toxic or harmful substance or chemical such as but not limited to 
45 
lead, cadmium, or any other heavy metal as provided for by existing rules and 
46 
regulations by the Department of Environment and Natural Resources 
47 
(DENR). 
48 
49 
SECTION. 4. Scope. This Act shall apply to the manufacture, use, recycling, and, 
50 
disposition of all plastic bags used in trade or commercc, in all establislunents, stores, 
51 
outlets, point-of-sale areas, as well as cafeterias, canteens, and other food 
52 
establishments wherever located in tl1e Philippines. 
53 
2 


SECTION 5. Prohibition Oil the use olplastic bags; Exceptions. A point-of-sale store 
2 
shall be prohibited from providing the consumer with plastic bags for the purpose of 
3 
carrying or transporting items or products purchased by the said consumer. 
4 
5 
Plastic bags solely used to contain the following are exempted from the above-
6 
prohibition: i) fresh fish and fresh fish products; ii) fresh meat or fresh meat 
7 
products; and, iii) fresh poultry and fresh poultry products. Provided that each plastic 
8 
bag shall be subject to the levy as prescribed by Section 6. 
9 
10 
Provided further that the pruducls above are not otherwise contained in 
11 
primary plastic packaging and where such plastic bags, with a minimum thickness of 
12 
100 microns, is capable of being re-used for other useful purposes. 
13 
14 
This exemption shall apply only for a period of (1) year from the effectivity of 
15 
this Act. 
16 
17 
Primary plastic packaging such as those used to pre-pack food items above 
18 
and primary packaging used in the manufacturing of finished products for sale in 
19 
the general market shall be excluded from the prohibitions under this Act. 
20 
21 
SECTION 6. Phase-out of plastic bags; Levy for the use in the interim period. The 
22 
prohibition in Section 5 on the use of plastic bags shall be in full force and effect 
23 
within one (1) year from the effectivity of the Act. 
24 
25 
In the interim period, the following shall be enforced: 
26 
27 
a) Within six (6) months from the effectivity of this Act, only re-usable bags, 
28 
recyclable paper carry-out bags, and/ or biodegradable plastic bags shall 
29 
be given by point-of-sale stores for purchases made by consumers. The use' 
30 
of plastic bags as defined in this Act shall be strictly prohibited. 
31 
32 
b) Biodegradable plastic bags allowed under this Act shall have printed on 
33 
the bag the name of the manufacturer, the location where the bag was 
34 
manufactured, and the following in clear and legible text: "PLEASE 
35 
RETURN 
TO 
ANY 
DISTRIBUTING 
STORE 
AND 
RECYCLING 
36 
CENTERS", or its equivalent in the applicable regional language, as the 
37 
case may be. 
38 
39 
c) Plastic bags already manufactured and in circulation in the general market 
40 
shall be collected, recycled, and properly disposed of by the manufacturers 
41 
pursuant to the provisions of this Act. 
42 
43 
d) For each piece of biodegradable plastic bag or recyclable paper carry-out 
44 
bag used and given in subparagraph (a) of this Section, the point-of-sale 
45 
store shall charge to the consumer a minimum levy of five pesos 
46 
(Php.5.00). 
47 
48 
e) The amount collected in subparagraph (d) of this Section by the point-of-
49 
sale store shall be reflected in the official receipt. 50 % of the said amount 
50 
shall be kept by the point-of-sale store to cover the cost of the said bags, 
51 
while 50% shall be remitted to the local government unit (LGU) with 
3 


1 
2 
3 
jurisdiction over the store to be used as a Special Environment Fund 
created under this Act. 
4 
At the end of the six (6) month period and upon full effectivity of this Act, the 
5 
further and continued use of biodegradable plastic bags shall be strictly prohibited, 
6 
and only re-usable bags and! or recyclable paper carry-out bags shall be used at all 
7 
pOint-of-sale stores and other covered establishments. Point-of-sale stores and plastic 
8 
manufacturers shall ensure that biodegradable plastic bags in the general market are. 
9 
properly collected and disposed of. 
10 
II 
SECTION 7. Recycling of used plastic bags. Used plastic bags, when allowed by 
J 2 
this Act or those manufactured or used before the Act's effectivity, shall be recycled. 
13 
it shall be the duty of the plastic manufacturers to recycle the said plastic bags in a 
14 
manner consistent with existing laws, rules, and regulations, and ensuring that no 
15 
harmful chemicals or substances are released to the environment. 
16 
17 
Point-of-sale stores shall serve as the collection points for used plastic bags. 
18 
LGUs and plastic manufacturers shall put systems and procedures in place for the 
19 
proper collection of the used plastic bags and its delivery to the recycling centers. 
20 
21 
It shall be the responsibility of the manufacturers that plastic bags which they 
22 
manufactured are properly collected, recycled, and disposed of as the case may be. 
23 
24 
Manufacturers shall also maintain records describing the recovery, collection, 
25 
transport, recycling of plastic bags collected annually and shall make the records 
26 
available to the Department and! or the local government unit concerned, upon 
27 
request, to demonstrate compliance with this Act. 
28 
29 
SECTION 8. Proper disposal and management of plastic waste. The disposal and 
30 
management of plastic waste shall be done in accordance and pursuant to the 
31 
provisions of Republic Act No. 9003 or the Ecological Solid Waste Management Act. 
32 
33 
The DENR, in coordination with the Department of Science and Technology 
34 
(DOST), shall develop the appropriate standards for the disposal of plastic wastes, 
35 
ensuring that zero emissions are achieved and no harmful chemicals are released to 
36 
the environment in the process. 
37 
38 
SECTION 9. Promoting the use of native reusable bags and those made with 
39 
recycled materials - The use of native reusable bags made of organic materials such 
40 
as cloth, cotton, pan dan, cheese cloth, coco cloth, abaca, buri, water lily, and the like, those 
41 
made with recycled materials, and re-usable containers made of glass or non-toxic 
42 
and hazardous materials, shall be promoted and encouraged. 
43 
44 
Point-of-sale stores shall be required to promote the use of reusable bags., 
'45 
Advertisements and signage regarding the said promotion shall be placed in 
46 
conspicuous places within the premises of their store. 
47 
48 
Point-of-sale stores shall also be mandated to provide for free and! or to offer 
49 
for sale at a reasonable price reusable bags as defined in this Act. 
50 
51 
SECTION 10. Incentives for the manufacture of reusable bags - The manufacture of 
52 
reusable bags shall be supported and encouraged. 
4 


Individuals, cooperatives, partnerships, and corporations which engage in 
2 
the manufacture of reusable bags shall be given incentives provided for under the 
3 
Philippine Cooperative Code of 2008, The Barangay Micro-Business Enterprise Act of 
4 
2002, The Magna Carta for Micro, Small, and Medium Enterprises, or the Omnibus 
5 
Inveshnent Code of 1987, where applicable. The DENR and DTl, in coordination 
6 
with the Department of Finance (DOF), shall provide technical and financial 
7 
assistance to these manufacturers. 
8 
9 
LGUs are encouraged and shall be allowed to provide additional benefits 
10 
and incentives to manufacturer of reusable bags within their jurisdiction, which shall 
11 
be in addition to the benefits and incentives provided for in the previous paragraph. 
12 
13 
Nothing in this Act shall prohibit or limit the right of the said manufacturers 
14 
to be entitled to additional benefits and incentives which may be given by new laws, 
15 
rules, and regulations in the future. 
16 
17 
SECTION 11. Program for affected employees and workers of the plastic industry. 
J 8 
The DTI, Teclmical Education and Skills Development Authority (TESDA), and 
J 9 
Department of Labor and Employment (DOLE), in coordination with plastics 
20 
manufacturers, non-government and civil society organizations, and other concerned 
21 
stakeholders, shall conduct studies to determine the impact of this Act on affected 
22 
plastic industry employees and workers. 
23 
24 
They shall develop a progra~ for alternative livelihood opportunities for the' 
25 
affected employees and workers in areas such as recycling of used plastic products and 
26 
cottage industries for the manufacture of re-usable bags, among others. 
27 
28 
SECTION 12. Use of re-usable bags and paper bags in-lieu of plastic bags. Upon 
29 
the full implementation of this Act, point-of-sale stores shall be allowed to provide 
30 
consumers and customers witl, re-usable bags <;is provided for in Section 9, and paper 
31 
bags for purchased goods and items, provided that the paper bag is a recyclable 
32 
paper carry-out bag as defined in this Act. 
33 
34 
A minimum levy of four pesos (Php. 4.00) per paper bag used shall be 
35 
charged to the consumer by the point-of-sale store. 
36 
37 
SECTION 13. Labeling requirements. Plastic and paper products as defined and 
38 
used under this Act shall be appropriately and properly labeled to be biodegradable, 
39 
non-biodegradable, or recyclable, as the case may be. Labels shall also include the 
40 
name of the manufacturer, the location where the bag was manufactured, the 
41 
percentage of postconsumer recycled material used, and an indication of the 
42 
materials, chemicals, and substances used to manufacture the said product. Said 
43 
products shall also comply with any rules or regulations on product labeling as 
44 
required by RA 7394, or the Consumer Act of the Philippines. 
45 
46 
The DENR, in coordination with the DTI, shall determine the proper maJmer 
47 
of labeling, and shall periodically review the same. In addition, the DTI shall certify 
48 
as true and correct the l .. bels used by manufacturers, and only those products with 
49 
the proper certification shall be .. llowed into the market. 
50 
51 
Violators of this section shall be meted the same penalties as those provided 
52 
for mislabeled or improperly labeled products in RA 7394. In addition, products not 
5 


1 
properly labeled shall not be allowed into the market and shall be confiscated by the 
2 
authorities concerned. 
3 
4 
SECTION 14. Compliance with Philippine National Standards (PNS). - Products 
5 
and items referred to in this act, such as plastic bags, reusable bags, and paper bags, 
6 
shall comply with the rules and processes of the Bureau of Product Standards of the 
7 
DTl in collaboration with the other relevant government agencies such as the DOH 
8 
and DENR to harmonize/upgrade with existing standards, where applicable. 
9 
10 
SECTION 15. Monitoring and market inspection. The DENR and DTl, in 
11 
coordination with the LGUs and local law enforcement agcncies, shall cause the 
12 
regular and routine inspection and monitoring of point-of-sale stores and facilities of 
13 
plastic manufacturers to determine compliance with this Act. Inspection and 
14 
monitoring shall include the following: 
15 
16 
17 
18 
19 
20 
21 
a) Enter or access to the premises of operation and busincss, including 
storage rooms and stockrooms; 
b) Inspect off-site storage facilities, distribution centers, and transshipment 
points; and, 
22 
c) Inspect sanitary landfills to determine if only residual plastic products are 
23 
being disposed of. 
24 
25 
SECTION 16. Certification. The LGUs concerned, after the conduct of a thorough 
26 
examination and inspection, shall issue the necessary certificate to show whether or 
27 
not the point-of-sale store and the plastic manufacturer are compliant with the 
28 
mandates and directives of this Act. 
29 
30 
The said LGU Certification shall be a requirement for the renewal of any local 
31 
permits after the effectivity of this Act. 
32 
33 
SECTION 17. Lead implementing agency. The DENR shall be the lead 
34 
implementing agency for this Act. The DENR shall closely coordinate with other 
35 
concerned government agencies such as but not limited to the DTI, Department of 
36 
Health (DOH), Department of the Interior and Local Government (DILG), 
37 
Department of Public Works and Highways (DPWH), Department of Education 
38 
(DepEd), DOLE, and TESDA, among others. 
39 
40 
SECTION 18. Role of the National Solid Waste Management Commission 
41 
(NSWMC). The NSWMC created pursuant to Section 4 of RA 9003 shall, in addition 
42 
to its functions under the said law, aid and assist in the implementation and 
43 
enforcement of its Act. 
44 
45 
The NSWMC is hereby mandated to conduct studies to ensure the 
46 
harmonious implementation of this Act with RA 9003. 
47 
48 
The concerned departments and agencies are hereby mandated and directed 
49 
to provide the necessary financial and manpower resources to enable the NSWMC to 
50 
perform its additional functions under this Act. 
51 
6 


1 
SECTION 19. Role of the Department of Science and Technology (DOST). The 
2 
DOST shall conduct studies to determine the proper and environmentally acceptable 
3 
kinds of biodegradable plastic and paper bags. It shall include in the PNS the 
4 
specifications of the said products, taking into consideration existing and available 
5 
best technologies and internationally mandated and accepted standards, and in 
6 
accordance with the provisions, mandates, and standards of this Act. 
7 
8 
DOST, in coordination with the National Ecology Center, shall provide the 
9 
LGUs with technical assistance, trainings, and continuing capability-building 
10 
programs to attain the objectives of this Act. 
II 
12 
DOST shall also provide assistance to the DENR and the manufacturers for 
13 
the implementation of this Act, particularly as regards the proper recycling and 
14 
disposition of used plastic bags, and developing more enviromnentally friendly 
15 
types of plastic used as primary packaging materials, among others. 
16 
17 
SECTION 20. Role of LGUs and other stakeholders. LGUs shall have the primary 
18 
responsibility in the effort to decrease the percentage of plastic bag waste produced, 
19 
within their respective jurisdictions. They shall also be primarily responsible for the 
20 
enforcement of the prohibitions of this Act and the monitoring of the collection of 
21 
recyclable used plastic bags by manufacturers. 
22 
23 
Other stakeholders, such as but not limited to business groups, consumers 
24 
groups and civil 
society 
organizations, are encouraged to support the 
25 
implementation of this Act. 
26 
27 
The composition of the NSWMC under RA 9003 is hereby expanded to 
28 
include, as a member from the private sector, a representative from the cottage 
29 
industry and manufacturers of re-usable and recyclable bags. 
30 
31 
SECTION 21. Effect on LGU ordinances effective before or after effectivity of this 
32 
Act. LGU ordinances in relation to this Act, such as bans and prohibitions on the use 
33 
of plastic bags, promulgated and enforced prior to the effectivity of this Act shall 
34 
remain valid and subsisting. The said LGUs are encouraged to amend their 
35 
respective ordinances to be in line with the provisions and mandates of this Act . 
. 36 
37 
LGUs that do not have ordinances enacted upon the effectivity of this Act are 
38 
also encouraged to enact their respective ordinances to complement and implement 
39 
the provisions and implementation of this Act. 
40 
41 
The provisions, mandates, and directives of this Act shall serve as minimum 
42 
standards and stipulations for LGU ordinances. Nothing in this Act shall be 
43 
construed as limiting the authority of LGUs to enact ordinances which provide for 
44 
stricter measures and standards than those provided for in this Act. 
45 
46 
SECTION 22. Information and education campaign. The DENR, in coordination 
47 
with the LGUs, DILG, DepEd, Commission on Higher Education (CHED), and Public 
48 
Information Agency (PIA), shall conduct a continuing information and education 
49 
campaign on the proper regulation of plastic bags in the country. 
50 
51 
Such campaign shall be incorporated in and shall be in addition to the public 
52 
information and education campaign under Section 55 of RA No. 9003. 
7 


1 
SECTION 23. Penalties and sanctions. Violations of ihis Act shall be imposed ihe 
2 
following penalties: 
, 
4 
a) For Micro, Small and Medium Enterprises as defined in RA 6977, as 
5 
amended, Barangay Micro Business Enterprises under RA 9178, and all 
6 
other enterprises and establishments not otherwise value-added tax (VAT) 
7 
registered, the following penalties shall be imposed: 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
.33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
First offense .- A fine of five ihousand pesos (Php. 5,000.00); 
Second offense - A fine of twenty five thousand pesos (Php. 25,000.00) and 
suspension of its business permit for three (3) months; 
Third offense -
A fine of fifty thousand pesos (Php. 50,000.00) and 
suspension of its business permit for one (1) year; and, 
Fourth offense - A fine of one hundred thousand pesos (Php. 100,000.00) 
and permanent suspension of its business permit. The said business permit 
shall not be eligible for renewed application for a period of 5 years. 
Thereafter, the LGU concerned may grant ihe said store with a business 
permit, provided its operator can show steps and measures will be put in 
place to comply with this Act. A furiher violation after the issuance of a 
new business permit shall perpetually bar the said operator from 
conducting its business in the LGU concerned. 
b) For VAT registered stores, establishments, and enterprises, and for all 
plastic manufacturers found violating this Act the following penalties shall 
be imposed: 
First offense - A fine of fifty thousand pesos (Php. 50,000.00); 
Second offense - A fine of one hundred thousand pesos (Php. 100,000.00) 
and suspension of its busin.ess permit for three (3) months; 
Third offense -
A fine of two hundred fifty thousand pesos (Php. 
250,000.00) and suspension of its business permit for one (1) year; and, 
Fourth offense - A fine of five hundred thousand pesos (Php. 500,000.00) 
and permanent suspension of its business permit. The said business permit 
shall not be eligible for renewed application for a period of 5 years. 
Thereafter, the LGU concerned may grant ihe said store wiih a business 
permit, provided its operator can show steps and measures will be put in 
place to comply with this Act. A further violation after the issuance of a 
new business permit shall perpetually bar the said operator from 
conducting its business in the LGU concerned. 
If the offender in (a) or (b) above is a corporation, trust or firm, partnership, 
association or any other entity, the penalty shall be imposed on the entity's 
responsible officers including, but not limited to, the president, chief executive 
officer, general manager, managing director or partner directly responsible 
thereof. 
8 


1 
SECTION 24. Administrative sanctions. Local government officials and officials of 
2 
government agencies concerned who fail to comply with and enforce this Act shall 
3 
be administratively charged in accordance with RA 7160 and other existing laws, 
4 
rules, and regulations. 
5 
6 
SECTION 25. LGU Special Environmental Fund for Plastic Bag Regulation. A 
7 
Special Environmental Fund for Plastic Bag Regulation (hereinafter referred to as the 
8 
Fund) is hereby created, to be composed of levies, fees, and fines collected pursuant 
9 
to the implementation and enforcement of this Act. 
JO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
The Fund shall be exclusively used for the following: 
a) Improve the capacity of LGUs, and local law enforcement agencies for the, 
implementation of this Act; 
b) Conduct of information and education campaigns on plastic bags 
regulation and related environmental awareness measures; 
c) Assistance and provision of incentives for manufacturers and community-
based initiatives for the production of native re-usable bags, as well as for 
non-government and civil society organizations promoting proper solid 
waste management; and, 
24 
d) Additional provisions for the Solid Waste Management Fund under RA 
25 
9003. 
26 
27 
SECTION 26. Appropriations. Such amount as may be necessary to implement the 
28 
provisions of this Act is hereby included in the annual appropriations of the DENR 
29 
and other implementing agencies under the General Appropriations Act (GAA). 
30 
31 
SECTION 27. Access to information/public disclosure requirements. public access 
32 
to records, reports or notification. The public shall have access to records, reports, or 
33 
information concerning the implementation and mandates of this Act. 
34 
35 
Such documents shall be available for inspection or reproduction during 
36 
normal business hours; provided that the DENR or concerned LGU may consider a 
37 
record, report or information or particular portions thereof confidential and may not 
38 
be made public when such would divulge trade secrets, production or sales figures 
39 
or methods, production or processes unique to such manufacturer, seller, or 
40 
distributor, or would otherwise tend to affect adversely the competitive position of 
41 
such manufacturer, seller or distributor. 
42 
43 
SECTION 28. Citizens suit. For the purposes of enforcing the provisions of this Act 
44 
or its implementing rules and regulations, any citizen may file an appropriate civil, 
45 
criminal, or administrative action in the proper courts/bodies against: 
46 
47 
48 
49 
50 
51 
52 
a) Any person who violates or fails to comply with the provisions of 
this act and its implementing rules and regulations; or, 
b) The department or other implementing agencies with respect to 
orders, rules and regulations issued inconsistent with this act; 
and/ or, 
9 


I 
c) Any public officer who willfully or grossly negl~cts the pertomwnce 
2 
of an act specifically enjoined as a duty by this act or its 
3 
implementing rules and regulations; or abuses his authority in the 
4 
performance of his duty; Of, in any marmer improperly performs his 
5 
duties under this act or its implementing rules and regulations; 
6 
Prollided, however, that no suit can be filed until after a thirty-day 
7 
(30) notice has been given to the public officer and the alleged 
8 
violator concerned and no appropriate action has been taken 
9 
thereon. 
10 
11 
The court shall exempt such action from the payment of filing fees and 
12 
statements likewise, upon prima facie showing of the non-enforcement or violation 
13 
complained of, exempt the plaintiff from the filing of an injunction bond for the 
14 
issuance of preliminmy injunction. 
15 
16 
In the event that the citizen should prevail, the court shall award reasonable 
17 
attorney's fees, moral damages and litigation costs as appropriate. 
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19 
SECTION 29. Suits and strategic legal action against public participation (SLAPP). 
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Where a suit is brought against a person who filed an action as provided in Section 
21 
28 of this Act, or against any person, institution or government agency that 
22 
implements this act or any other consumer related laws, rules, and regulations, it 
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shall be the duty of the investigating prosecutor or the court, as the case may be, to 
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immediately make a determination within not exceeding thirty (30) days whether 
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said legal action has been filed to harass, vex, exert undue pressure or stifle such 
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legal recourses of the person complaining or enforcing the provisions of this act. 
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Upon determination thereof, evidence warranting the same, the court shall dismiss 
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the case and award the attorney's fees,and double damages. 
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This provision shall also apply and benefit public officers who are sued for acts 
, 31 
committed in their official capacity, there being no grave abuse of authority, and 
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done in the course of enforcing this Act, its rules, regulations, and guidelines. 
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34 
SECTION 30. Congressional Oversight Committee. The Joint Congressional 
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Oversight Committee created under Section 60 of RA No. 9003 shall also have the 
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power to monitor and evaluate the implementation of this Act. 
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SECTION. 31. Implementing Rules. - The DENR, in coordination with the DTI, 
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DILG, and the concerned government agencies and representatives of LGU 
39 
organizations shall issue Implementing Rules and Regulations within sixty (60) days 
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after the effectivity of this Act. 
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42 
SECTION 32. Construction. The best interests of the consumer and the right to a 
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healthful and balanced ecology shall be considered in the construction and 
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interpretation of this act and its IRR. 
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46 
SECTION 33. Separability clause. If, for any reason, a provision or part hereof is 
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declared invalid or unconstitutional, the other provisions not affected thereby shall 
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remain in full force and effect. 
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SECTION 34. Repealing clause. All laws, decrees, executive issuances, rules and 
2 
regulations or parts thereof inconsistent with the provisions of this Act are hereby 
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repealed, amended, or modified accordingly. 
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5 
SECTION 35. Effectivity clause. This Act shall take effect fifteen (15) days after its 
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publication in any newspaper of general circulation. 
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8 
Approved, 
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