• 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
AUG -4 P 4 :01 
SENA,:I'l'( 
S. No. G<137 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
BANNING THE USE OF SINGLE-USE, THROW-A WA Y BAGS, REGARDLESS OF 
COMPOSITION, IN ALL RETAIL ESTABLISHMENTS, AND PROVIDING PENALTIES 
FOR VIOLATIONS THEREOF I 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 16 provides: 
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. 
Every year, shoppers use 500 billion to I trillion plastic bags2, which translate to ISO 
bags a year for every person on earth. The use of plastic items is environmentally unsafe and also 
costly. It is considered one of the most common forms of litter, pollution, and waste.3 Plastic 
bags do not just create visual pollution problems, they are also the cause of major flooding in 
urban areas since they clog canals, drainages, and waterways. As a common form of pollution, 
they have harmful effects on aquatic and terrestrial animals as they carmot be digested by such 
animals easily. 
Plastic bags are made from polyethylene, which comes from petroleum, a nonrenewable 
source. Presently, a distinction has been made between biodegradable plastics, recyclable 
plastics, and non-biodegradable plastics.4 Compared to the former, biodegradable and recyclable 
1 This bill was first filed during the Fifteenth Congress, Second Regular Session. 
2 Greenwire, Environment and Energy Publishing LLC. 22 July 2004. 
3 Green Sangha Organization, "Don't think of a Plastic Bag!" 
4 http://randd.defra.gov. uk/Document.aspx?Document=EV0422 _ 8859 _ OTH. pdf 


plastics are considered more environment-friendly. It has been claimed that when one ton of 
plastic bags are reused or recycled, the energy saved is equal to 11 barrels of oil. 5 
The United Kingdom's Department of Environment has revealed, however, that these so-
called "biodegradable" bags are really just regular plastic bags that allegedly break down faster 
than other plastic bags. Recyclable plastics, meanwhile, need a longer time to degrade. Their 
degradability is inversely proportional with their recyclability. Hence, the more recyclable they 
are, the less degradable they will be.6 
The use of recyclable and biodegradable plastic bags perpetuates "throw-away mentality" 
because they give a false impression that their continued use does not hurt the environment. 7 
However, whether plastic is biodegradable or recyclable, they do not cease to be plastic, 
meaning, they are still made of petroleum and continue to be hazardous to the environment. 8 In 
addition, even if they do break down faster, they require ideal conditions, such as exposure to 
sun and air, in order for them to degrade. These conditions are not available in our landfills.9 
Also, these biodegradable plastic bags cannot be recycled with other types of plastics. 10 
The best way to eradicate plastic bag waste is to ban single-use throw-away bags and 
provide establishments with alternatives to the use of such plastic bags. To help save the 
environment, it is imperative upon the State to promote the use of reusable bags as an alternative 
to plastic bags. Some countries have already realized the detrimental effect of plastic bags on 
their environment, and have enacted laws that completely ban the use of plastic bags. In 2002, 
Bangladesh was the first country to impose a nationwide ban of plastic bags. I 1 China followed by 
imposing a nationwide ban on plastic bags in Febrnary 2008. 12 It was found that bags 25 microns 
thick or less are too thin to be re-used and are usually the cause of blocked drainages in China 
5Id. 
6 Loughborough University, Assessing the Environmental Impats of Oxo-degradable Plastics 
Across their Life Cycle. January 2010. 
7Id. 
s http://www.aigalita.org/pdf/plastic%20are%forever%20english.pdf 
9Id. 
10 Id. 
11 http://www.asiacalling.org/enlnews/bangladesh/1952-bangladesh-the-first-country-in-the-
world-to-ban-plastic-bags 
12 http://plasticbags.planetark.org/aboutlothercountries.cfm 
2 


and Kenya. In China, plastic ~hopping bags above 25 microns are restricted and controlled across 
the country. 13 
Different states m the United States, such as San Francisco and Los Angeles, have 
already banned plastic bags. 14 The same holds true in Kenya, where plastic bags have been 
linked with the spread of malaria. It was found that these bags, when discarded, often get filled 
with rainwater and become ideal new breeding grounds for malaria-carrying mosquitoes. A ban 
was therefore proposed on bags less than 30 microns thick and a levy on thicker ones in order to 
reduce the use of polythene bags and provide funds for alternative, more environmentally-
friendly carriers, such as cotton or sisal bags. 15 
In the Philippines, several local government units have enacted ordinances barming the 
use of plastic bags. These include Quezon City, Antipolo City; Lucban, Quezon; Los Banos, 
Laguna; Batangas City; Muntinlupa City; Burgos, Pangasinan; Infanta, Quezon; Binan, Laguna; 
Pasig City; Nueva Ecija league of 27 municipalities; and Calamba, Laguna, among many others. 
One of the notoriously flood .. prone areas in Metro Manila, Muntinlupa City, has benefited from a 
city ordinance prohibiting the use of plastic bags on dry goods, and regulating its use for wet 
goods. The same ordinance also banned the use of Styrofoam, which was usually used by fast 
food chains. Due to the ordinance, rainwater freely flowed though canals and waterways and into 
the Laguna de Bay, and expected flooding in several parts of Muntinlupa did not happen. 16 
According to the Department of Environment and Natural Resources, more than SO 
percent of the waste collected from our shorelines are made from non-biodegradable materials, 
such as plastic and rubber, while about half of plastic items collected from our oceans were 
plastic bags. 17 In their 2006 waste audit results, the Global Alliance for Incinerator Alternatives 
(GAIA) reported that plastic discards still topped, at 76 percent, the various categories of solid 
13 http;lli-grafix.comlindex.php/contributors/otherichinas-bag-law-hits-retail-and-producers-
alike.html 
14 http://www.npr.org/templates/story/story.php?storyld=89135360 and 
http://ecolocalizer . com1200S/07 124/10s-angeles-bans-plastic-bags-limi ts-styrofoaml 
15 
http://www.unep.org/Documents.Multilingual/DefauILasp?DocumentID=424&ArticleID=4734& 
l=en 
. 
16http://www.thepoc.net/breaking-news/environmentl12587-falcon-leaves-muntinlupa-flood-
free-because-of-plastics-ban.html 
17 http://www.gmanews.tv/story/20 1 791/malls-to-charge-fee-for-plastic-bags-once-a-week 
3 


waste polluting the Manila Bay.18 The same group also reported that in their clean-up of Laguna 
de Bay, plastic discards accounted for the highest percentage of the 1,755 liters of wastes 
collected.19 
This bill bans single-use, throw-away plastic bags, and creates incentives for the 
promotion and use of reusable bags. 
l8·http://www.usnewslasvegas.com/nationallplastic-trash-stays-as-top-polluter-of-manila-bay-
waste-audit-revealsl 
19 http://www.no-burn.org/plastic-waste-tops-laguna-de-bay-debris 
4 


j,e\11ltl' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
<t)f{Hr l,f tilt' ~Hrtt!lif\l 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
AUG -4 P 4 :01 
SENATE 
S. No. 2337 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
1 
AN ACT 
2 
BANNING THE USE OF SINGLE-USE, THROW-AWAY BAGS, REGARDLESS OF 
3 
COMPOSITION, IN ALL RETAIL ESTABLISHMENTS, AND PROVIDING PENALTIES 
4 
FOR VIOLATIONS THEREOF 
5 
SECTION 1. Short Title. - This Act shall be known as the "Total Ban on Single-use 
6 
Carry out Bags Act of 20 11 " 
7 
SECTION 2. Declaration of Policy. -It is the policy of the State to afford full protection 
8 
and the advancement of the right of the people to a healthful ecology in accord with the rhythm 
9 
and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework 
10 
which espouses sustainable development, to fulfill human needs while maintaining the quality of 
11 
the natural environment for current and future generations. 
12 
As a party to the United Nations Framework Convention on Climate Change, the State 
13 
adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas 
14 
concentrations in the atmosphere at a level that would prevent dangerous anthropogenic 
15 
interference with the climate system which should be achieved within a time frame sufficient to 
16 
allow ecosystems to adapt mturally to climate change, to ensure that food production is not 
17 
threatened and to enable economic development to proceed in a sustainable manner. 
18 
SECTION 3. Definition of Terms. - As used in this Act, the following terms shall mean: 
19 
(a) "Green can'yout bag" means a single-use carryout bag that is provided by a store to a 
20 
customer at the point of sale and meets all of the following requirements: 
21 
a. Is composed of at least 40 percent post-consumer recycled content material. 
5 


I 
b. Is capable of compo sting within 180 days, as determined by the Department of 
2 
Environment and Natural Resources. "Green carryout bag" does not include a 
3 
reusable bag. 
4 
(b) "Operator" means a person in control of, or having daily responsibility for, the daily 
5 
operation of a store, which may include, but is not limited to, the owner of the store or its 
6 
manager. 
7 
(c) "Plastic canyout bag" means a plastic carryout bag provided by a store to a customer at 
8 
the point of sale that is not a reusable bag as defined in subdivision (t). 
9 
(d) "Reusable bag" means either a bag made of cotton, sisal, native materials, non-woven 
10 
fabric, or any other machine-washable fabric that has handles, or material that is non-toxic and 
II 
specifically designed and manufactured for multiple reuse as determined by the Department of 
12 
Environment and Natural Resources (DENR). A reusable bag shall also refer to a "native 
13 
reusable bag" as defined under Section (t) of this Act. A reusable bag, whether native or not, 
14 
must not be composed of any toxic material, such as lead, cadmium, or any other heavy metal, as 
15 
determined by the DENR. The DENR shall also determine if certain plastic bags, which are thick 
16 
enough for multiple and long-term reuse, shall be allowed under this Act; provided, that such 
17 
reusable plastic bags shall not have handles less than 30 microns thick. 
18 
(e) "Single-use carryout bag" means a carryout bag provided by the store to a customer at the 
19 
point of sale that is not a reusable bag as defined in subdivision (t), and includes biodegradable 
20 
or compostable bags. 
21 
(t) "Native reusable bag" means a carryout bag made of at least 80 percent native materials, 
22 
such as abaca, burlap, buri, or the like. 
23 
(g) "Store" means a retail establishment that provides single-use carryout bags to its 
24 
customers as a result of the sale of a product; a "store" shall include, but shall not be limited to, 
25 
department stores, grocery stores, boutiques, drugstores, pharmacies, and other mercantile shops 
26 
that sell wet andlor dry goods. 
27 
(h) "Department" shall refer to the Department of Environment and Natural Resources 
28 
(DENR). The DENR shall be the lead implementing government agency of this Act. 
29 
(i) "Secretary" shall refer to the Secretary of Environment and Natural Resources. 
6 


1 
SECTION 4. Prohibitions.-A store shall be prohibited from providing single-use, throw-
2 
away carryout bags regardless of material (plastic, paper, and cornstarch, among others), 
3 
including green carryout bags to its customers. Instead, it may provide the customer with a 
4 
reusable bag for a reasonable price; provided, the customer did not bring his or her own shopping 
5 
bag. Such fee shall be determined by the Department in consultation with the Department of 
6 
Trade and Industry (DTI). No store shall be a source of supply of a single-use, throw-away bag 
7 
for a customer. 
8 
Immediate packaging of goods, such as those used to package meat, fish, vegetables, 
9 
fruit, bread, and the like, shall not be covered by this Act. 
10 
SECTION 5. Penalties for noncompliance. - Stores caught supplying to customers 
11 
single-use, throw-away carryout bags, regardless of material, shall be fined the following: 
12 
First offense - A fine ofTWENTY THOUSAND PESOS (P20,000.00) 
13 
Second offense - A fine of ONE HUNDRED THOUSAND PESOS (PlOO,OOO.OO) and 
14 
suspension of their business permit for six months. 
15 
Third offense - A fine of FIVE HUNDRED THOUSAND PESOS (P500,000.00), 
16 
suspension of their business permit for a period of one year and the operator of the store will be 
17 
required to attend a two-day forum on environment protection to be conducted by the 
18 
Department in cooperation with an accredited pro-environment non-government organization. 
19 
Continuous offense after the third offense shall cause the revocation of the store's 
20 
business license. 
21 
SECTION 6. Mandatory promotion of reusable bags. -All stores shall be required to 
22 
promote to its customers the use of reusable bags. Noncompliance will merit a penalty of FIVE 
23 
THOUSAND PESOS (P5,000.00) for the first six months, and another FIVE THOUSAND 
24 
PESOS (P5,000.00) for each and every succeeding six months of noncompliance with this 
25 
section. 
26 
SECTION 7. Incentives for promoting and providing reusable bags. - A store that shall 
27 
promote and provide the use of the retailer's own or other reusable bag shall be provided with 
28 
tax incentives on the sale of such bags to its costumers. Likewise, consumers who use the 
29 
retailer's own or other reusable bag shall also be granted a tax incentive from the cost of their 
7 


1 
purchase, which shall be deducted from the tax collected upon such purchase by the store. Such 
2 
incentives shall be determined by the Bureau of Internal Revenue. 
3 
SECTION 8. Use of the amount collected. .- A store charging a fee pursuant to this 
4 
section shall use the amount of the fee retained pursuant to this Act for all ofthe following: 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(a) 
Reimbursement of the store's costs associated with the provision or supply of 
reusable carryout bags; 
(b) 
The development of in-store and out-of-store promotion and/or educational 
materials for distribution to customers encouraging the use of reusable bags; 
(c) 
The development and implementation of an educational campaign or purchase 
incentive encouraging the use of reusable bags, including, but not limited to, public service 
announcements; 
(d) 
Reimbursement of the store's costs associated with providing reusable bags to 
customers or as donations to community organizations, nonprofit organizations, and other similar 
entities; 
(e) 
Solid waste collection and incentives for the collection and/or recycling of plastic 
carryout bags. 
SECTION 9. Plastic Bag Recovery or Recycling Fund. - The Plastic Bag Recovery or 
Recycling Fund is hereby established. All fees from the penalties collected by the Department 
pursuant to this Section shall be deposited in the fund. The funds in the Plastic Bag Recovery or 
Recycling Fund shall be used by the Department for the following purposes: 
a. Development and implementation of programs related to the use of reusable 
carryout bags to encourage and support plastic bag recovery and recycling, 
solid waste prevention, abatement and cleanup, enforcement, green chemistry, 
water quality protection and cleanup, and environmental and public education 
and outreach. 
b. To establish and maintain local programs, inclnding those in partnership with 
nonprofit community-based organizations, for purposes of litter cleanup 
activities, source reduction and recycling efforts, educational and litter 
8 


• 
. . 
1 
prevention programs, and other programs to mitigate the environmental 
2 
impacts of single-use carryout bags. 
3 
c. Mitigation projects relating to storm water pollution, including devices to 
4 
prevent single-use carryout bag litter from entering storm drain systems. 
5 
d. Reusable bag giveaway programs, including those targeting low-income 
6 
residents. 
7 
e. As capital for low-income residents to pursue a business in the manufacture 
8 
and distribution of native reusable bags. 
9 
f. 
The revenues deposited in the Plastic Bag Recovery or Recycling Fund that 
10 
are generated from the penalties imposed pursuant to this chapter shall not be 
11 
used for activities unrelated to the prevention or reduction of litter or the 
12 
environmental impacts of single-use carryout bags. 
13 
SECTION 10. Transition period -A transition period of two years from the approval of 
14 
this law shall be allowed to phase out the distribution and use of plastic bags and during such 
15 
transition period Section 5 of this Act shall be suspended; provided, that Section 6 and Section 7 
16 
of this Act shall be executory fifteen (15) days after the issuance and publication of the 
17 
Implementing Rules and Regulations. 
18 
SECTION 11. Annual Report to Congress. - The Secretary of the Department shall 
19 
submit a report within one year from the implementation of this Act on the revenue generated 
20 
and proposed use of the fund to be included in the general appropriations act in the following 
21 
year. 
22 
SECTION 12. Implementing Rules and Regulations. - The Secretary, after consultations 
23 
with the Department of Trade and Industry, Bureau ofInternal Revenue, Philippine Information 
24 
Agency, conswner welfare nongovernment organizations, and stakeholders, shall prepare and 
25 
promulgate the Implementing Rules and Regulations (IRR) of this Act within sixty (60) days 
26 
after the effectivity of this Act. 
27 
SECTION 13. Separability Clause. - If any provision, or part hereof is held invalid or 
28 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
29 
valid and subsisting. 
9 


· . 
1 
SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, executive 
2 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
3 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
4 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
5 
publication in at least two (2) newspapers of general circulation. 
Approved, 
10