REPUBLIC ACT 9003 January 26, 2001 formulation and adoption of the best environmental practice

in ecological waste management excluding incineration;

AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT
PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS (e) Promote national research and development programs for
AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND improved solid waste management and resource conservation
PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR techniques, more effective institutional arrangement and
OTHER PURPOSES indigenous and improved methods of waste reduction,
collection, separation and recovery;
Be it enacted by the Senate and House of Representative of the
Philippines in Congress assembled: (f) Encourage greater private sector participation in solid
waste management;
CHAPTER I
BASIC POLICIES (g) Retain primary enforcement and responsibility of solid
waste management with local government units while
Article 1 establishing a cooperative effort among the national
General Provisions government, other local government units, non- government
organizations, and the private sector;
Section 1. Short Title - This Act shall be known as the "Ecological Solid
Waste Management Act of 2000." (h) Encourage cooperation and self-regulation among waste
generators through the application of market-based
Section 2. Declaration of Policies - It is hereby declared the policy of instruments;
the State to adopt a systematic, comprehensive and ecological solid
waste management program which shall: (i) Institutionalize public participation in the development and
implementation of national and local integrated,
(a) Ensure the protection of the public health and comprehensive, and ecological waste management
environment; programs; and

(b) Utilize environmentally-sound methods that maximize the (j) Strength the integration of ecological solid waste
utilization of valuable resources and encourage resource management and resource conservation and recovery topics
conservation and recovery; into the academic curricula of formal and non-formal
education in order to promote environmental awareness and
action among the citizenry.
(c) Set guidelines and targets for solid waste avoidance and
volume reduction through source reduction and waste
minimization measures, including composting, recycling, re- Article 2
use, recovery, green charcoal process, and others, before Definition of Terms
collection, treatment and disposal in appropriate and
environmentally sound solid waste management facilities in Section 3. Definition of Terms - For the purposes of this Act:
accordance with ecologically sustainable development
principles; (a) Agricultural waste shall refer to waste generated from
planting or harvesting of crops, trimming or pruning of plants
(d) Ensure the proper segregation, collection, transport, and wastes or run-off materials from farms or fields;
storage, treatment and disposal of solid waste through the
(b) Bulky wastes shall refer to waste materials which cannot be all other waste management activities which do not harm the
appropriately placed in separate containers because of either environment;
its bulky size, shape or other physical attributes. These include
large worn-out or broken household, commercial, and (m) Environmentally acceptable shall refer to the quality of
industrial items such as furniture, lamps, bookcases, filing being re-usable, biodegradable or compostable, recyclable
cabinets, and other similar items; and not toxic or hazardous to the environment;

(c) Bureau shall refer to the Environmental Management (n) Generation shall refer to the act or process of producing
Bureau; solid waste;

(d) Buy-back center shall refer to a recycling center that (o) Generator shall refer to a person, natural or juridical, who
purchases of otherwise accepts recyclable materials from the last uses a material and makes it available for disposal or
public for the purpose of recycling such materials; recycling;

(e) Collection shall refer to the act of removing solid waste (p) Hazardous waste shall refer to solid waste management or
from the source or from a communal storage point; combination of solid waste which because of its quantity,
concentration or physical, chemical or infectious
(f) Composting shall refer to the controlled decomposition of characteristics may:
organic matter by micro-organisms, mainly bacteria and fungi,
into a humus-like product; (1) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
(g) Consumer electronics shall refer to special waste that incapacitating reversible, illness; or
includes worn-out, broken, and other discarded items such as
radios, stereos, and TV sets; (2) pose a substantial present or potential hazard to
human health or the environment when improperly
(h) Controlled dump shall refer to a disposal site at which solid treated, stored, transported, or disposed of, or
waste is deposited in accordance with the minimum otherwise managed;
prescribed standards of site operation;
(q) Leachate shall refer to the liquid produced when waste
(i) Department shall refer to the Department of Environment undergo decomposition, and when water percolate through
and Natural Resources; solid waste undergoing decomposition. It is contaminated
liquid that contains dissolved and suspended materials;
(j) Disposal shall refer to the discharge, deposit, dumping,
spilling, leaking or placing of any solid waste into or in an land; (r) Materials recovery facility - includes a solid waste transfer
station or sorting station, drop-off center, a composting facility,
(k) Disposal site shall refer to a site where solid waste is finally and a recycling facility;
discharged and deposited;
(s) Municipal waste shall refer to wastes produced from
(l) Ecological solid waste management shall refer to the activities within local government units which include a
systematic administration of activities which provide for combination of domestic, commercial, institutional and
segregation at source, segregated transportation, storage, industrial wastes and street litters;
transfer, processing, treatment, and disposal of solid waste and
(t) Open dump shall refer to a disposal area wherein the solid corrugated cardboard, aluminum, glass, office paper, tin cans
wastes are indiscriminately thrown or disposed of without due and other materials as may be determined by the Commission;
planning and consideration for environmental and Health
standards; (aa) Recycled material shall refer to post-consumer material
that has been recycled and returned to the economy;
(u) Opportunity to recycle shall refer to the act of providing a
place for collecting source-separated recyclable material, (bb) Recycling shall refer to the treating of used or waste
located either at a disposal site or at another location more materials through a process of making them suitable for
convenient to the population being served, and collection at beneficial use and for other purposes, and includes any
least once a month of source-separated recyclable material process by which solid waste materials are transformed into
from collection service customers and to providing a public new products in such a manner that the original product may
education and promotion program that gives notice to each lose their identity, and which maybe used as raw materials for
person of the opportunity to recycle and encourage source the production of other goods or services: Provided, That the
separation of recyclable material; collection, segregation and re-use of previously used
packaging material shall be deemed recycling under this Act;
(v) Person(s) shall refer to any being, natural or judicial,
susceptible of rights and obligations, or of being the subject of (cc) Resource conversation shall refer to the reduction of the
legal relations; amount of solid waste that are generated or the reduction of
overall resource consumption, and utilization of recovered
(w) Post-consumer material shall refer only to those materials or resources;
products generated by a business or consumer which have
served their intended end use, and which have been (dd) Resources recovery shall refer to the collection, extraction
separated or diverted from solid waste for the purpose of or recovery of recyclable materials from the waste stream for
being collected, processed and used as a raw material in the the purpose of recycling, generating energy or producing a
manufacturing of recycled product, excluding materials and product suitable for beneficial use: Provided, That such
by-products generated from, and by-products generated resource recovery facilities exclude incineration;
from, and commonly used within an original manufacturing
process, such as mill scrap; (ee) Re-use shall refer to the process of recovering materials
intended for the same or different purpose without the
(x) Receptacles shall refer to individual containers used for the alteration of physical and chemical characteristics;
source separation and the collection of recyclable materials;
(ff) Sanitary landfill shall refer to a waste disposal site designed,
(y) Recovered material shall refer to material and by products constructed, operated and maintained in a manner that
that have been recovered or diverted from solid waste for the exerts engineering control over significant potential
purpose of being collected, processed and used as a raw environment impacts arising from the development and
material in the manufacture of a recycled product; operation of the facility;

(z) Recyclable material shall refer to any waste material (gg) Schedule of Compliance shall refer to an enforceable
retrieved from the waste stream and free from contamination sequence of actions or operations to be accomplished within
that can still be converted into suitable beneficial use or for a stipulated time frame leading to compliance with a
other purposes, including, but not limited to, newspaper, limitation, prohibition or standard set forth in this Act or any rule
ferrous scrap metal, non-ferrous scrap metal, used oil, of regulation issued pursuant thereto;
(hh) Secretary landfill shall refer to the Secretary of the (3) Waste resulting from mining activities, including
Department of Environment and Natural Resources; contaminated soil and debris.

(ii) Segregation shall refer to a solid waste management (ll) Solid waste management shall refer to the discipline
practice of separating different materials found in solid waste associated with the control of generation, storage, collection,
in order to promote recycling and re-use of resources and to transfer and transport, processing, and disposal of solid wastes
reduce the volume of waste for collection and disposal; in a manner that is in accord with the best principles of public
health, economics, engineering, conservation, aesthetics, and
(jj) Segregation at source shall refer to a solid waste other environmental considerations, and that is also responsive
management practice of separating, at the point of origin, to public attitudes;
different materials found in solid waste in order to promote
recycling and re-use of resources and to reduce the volume of (mm) Solid waste management facility shall refer to any
waste for collection and disposal; resource recovery system or component thereof; any system,
program, or facility for resource conservation; any facility for
(kk) Solid waste shall refer to all discarded household, the collection, source separation, storage, transportation,
commercial waste, non-hazardous institutional and industrial transfer, processing, treatment, or disposal of solid waste;
waste, street sweepings, construction debris, agricultural
waste, and other non-hazardous/non-toxic solid waste. (nn) Source reduction shall refer to the reduction of solid waste
before it enters the solid waste stream by methods such as
Unless specifically noted otherwise, the term "solid waste" as product design, materials substitution, materials re-use and
used in this Act shall not include: packaging restrictions;

(1) Waste identified or listed as hazardous waste of a (oo) Source separation shall refer to the sorting of solid waste
solid, liquid, contained gaseous or semisolid form which into some or all of its component parts at the point of
may cause or contribute to an increase in mortality or generation;
in serious or incapacitating reversible illness, or
acute/chronic effect on the health of persons and (pp) Special wastes shall refer to household hazardous wastes
other organisms; such as paints, thinners, household batteries, lead-acid
batteries, spray canisters and the like. These include wastes
(2) Infectious waste from hospitals such as equipment, from residential and commercial sources that comprise of
instruments, utensils, and fomites of a disposable nature bulky wastes, consumer electronics, white goods, yard wastes
from patients who are suspected to have or have been that are collected separately, batteries, oil, and tires. These
diagnosed as having communicable diseases and wastes are usually handled separately from other residential
must therefore be isolated as required by public health and commercial wastes;
agencies, laboratory wastes such as pathological
specimens (i.e. all tissues, specimens of blood elements, (qq) Storage shall refer to the interim containment of solid
excreta, and secretions obtained from patients or wastes after generation and prior to collection for ultimate
laboratory animals) and disposable fomites that may recovery or disposal;
harbor or transmit pathogenic organisms, and surgical
operating room pathologic materials from outpatient (rr) Transfer stations shall refer to those facilities utilized to
areas and emergency rooms; and receive solid wastes, temporarily store, separate, convert, or
otherwise process the materials in the solid wastes, or to
 transfer the solid wastes directly from smaller to larger vehicles members from the government sector and three members from the
for transport. This term does not include any of the following: private sector. The government sector shall be represented by the
heads of the following agencies in their ex officio capacity:
(1) a facility whose principal function is to receive,
store, separate, convert or otherwise process in (1) Department of Environment and Natural Resources (DENR);
accordance with national minimum standards,
manure; (2) Department of the Interior and Local Government (DILG);

(2) a facility, whose principal function is to receive, (3) Department of Science and Technology (DOST);
store, convert, or otherwise process wastes which have
already been separated for re-use and are intended (4) Department of Public Works and Highways (DPWH);
for disposals, and
(5) Department of Health (DOH);
(3) the operations premises of a duly licensed solid
waste handling operator who is receives, stores,
(6) Department of Trade and Industry (DTI);
transfers, or otherwise processes wastes as an activity
incidental to the conduct of a refuse collection and
(7) Department of Agriculture (DA);
disposal business.

(8) Metro Manila Development Authority (MMDA);

(ss) Waste diversion shall refer to activities which reduce or
eliminate the amount of solid waste from waste disposal
facilities; (9) League of provincial governors;

(tt) White goods shall refer to large worn-out or broken (10) League of city mayors;
household, commercial, and industrial appliances such as
stoves, refrigerators, dishwashers, and clothes washers and (11) League of municipal mayors;
dryers collected separately. White goods ate usually
dismantled for the recovery of specific materials (e.g., copper, (12) Association of barangay councils;
aluminum, etc.);
(13) Technical Education and Skills Development Authority
(uu) Yard waste shall refer to wood, small or chipped (TESDA); and
branches, leaves, grass clippings, garden debris, vegetable
residue that is recognized as part of a plant or vegetable and (14) Philippine Information Agency.
other materials identified by the Commission.
The private sector shall be represented by the following:
CHAPTER II
INSTITUTIONAL MECHANISM (a) A representative from nongovernment organizations
(NGOs) whose principal purpose is to promote recycling and
Section 4. National Solid Waste Management Commission - There is the protection of air and water quality;
hereby established a National Solid Waste Management Commission,
hereinafter referred to as the Commission, under the Office of the (b) A representative from the recycling industry; and
President. The Commissioner shall be composed of fourteen (14)
 (c) A representative from the manufacturing or packaging (c) Review and monitor the implementation of local solid
industry; waste management plans;

The Commission may, from time to time, call on any other concerned (d) Coordinate the operation of local solid waste
agencies or sectors as it may deem necessary. management boards in the provincial and city/municipal
levels;
Provided, That representatives from the NGOs, recycling and
manufacturing or packaging industries shall be nominated through a (e) To the maximum extent feasible, utilizing existing resources,
process designed by themselves and shall be appointed by the assist provincial, city and municipal solid waste management
President for a term of three (3) years. plans;

Provided, further, That the Secretaries of the member agencies of the (f) Develop a model provincial, city and municipal solid waste
Commission shall formulate action plans for their respective agencies management plan that will establish prototypes of the content
to complement the National Solid Waste Management Framework. and format which provinces, cities and municipalities may use
in meeting the requirements of the National Solid Waste
The Department Secretary and a private sector representative of the Management Framework;
Commission shall serve as chairman and vice chairman, respectively.
The private sector representatives of the Commission shall be (g) Adopt a program to provide technical and other
appointed on the basis of their integrity, high decree of capability building assistance and support to local
professionalism and having distinguished themselves in environmental government units in the development and implementation of
and resource management. The members of the Commission shall source reduction programs;
serve and continue to hold office until their successors shall have been
appointed and qualified. Should a member of the Commission fail to (h) Develop and implement a program to assist local
complete his/her term, the unexpired portion of the term. Finally, the government units in the identification of markets for materials
members shall be entitled to reasonable traveling expenses and that are diverted from disposal facilities through re-use,
honoraria. recycling, and composting, and other environment-friendly
methods;
The Department, through the Environmental Management Bureau,
shall provide secretariat support to the Commission. The Secretariat (i) Develop a mechanism for the imposition of sanctions for the
shall be headed by an executive director who shall be nominated by violations environmental rules and regulations;
the members of the Commission and appointed by the chairman.
(j) Manage the Solid Waste Management Fund;
Section 5. Powers and Functions of the Commission - The Commission
shall oversee the implementation of solid waste management plans (k) Develop and prescribe procedures for the issuance of
and prescribe policies to achieve the objectives of this Act. The appropriate permits and clearances.
Commission shall undertake the following activities.
(l) Review the incentives scheme for effective solid waste
(a) Prepare the national solid waste management framework; management, for purpose of ensuring relevance and
efficiency in achieving the objectives of this Act;
(b) Approve local solid waste management plans in
accordance with its rules and regulations; (m) Formulate the necessary education promotion and
information campaign strategies;
(n) Establish, after notice and hearing of the parties Section 6. Meetings - The Commission shall meet at least once a
concerned, standards, criteria, guidelines, and formula that month. The presence of at least a majority of the members shall
are fair, equitable and reasonable, in establishing tipping constitute a quorum. The chairman, or in his absence the vice-
charges and rates that the proponent will charge in the chairman, shall be the presiding officer. In the absence of the heads
operation and management of solid waste management of the agencies mentioned in Sec. 4 of this Act, they may designate
facilities and technologies. permanent representatives to attend the meetings.

(o) Develop safety nets and alternative livelihood programs for Section 7. The National Ecology Center - There shall be established a
small recyclers and other sectors that will be affected as a National Ecology Center under the Commission which shall provide
result of the construction and/or operation of solid waste consulting, information, training, and networking services for the
management recycling plant or facility. implementation of the provisions of this Act.

(p) Formulate and update a list of non-environmentally In this regard, it shall perform the following functions:
acceptable materials in accordance with the provisions of this
Act. For this purpose, it shall be necessary that proper (a) Facilitate training and education in integrated ecological
consultation be conducted by the Commission with all solid waste management;
concerned industries to ensure a list that is based on
technological and economic viability. (b) Establish and manage a solid waste management
information data base, in coordination with the DTI and other
(q) Encourage private sector initiatives, community concerned agencies:
participation and investments resource recovery-based
livelihood programs for local communities. (1) on solid waste generation and management
techniques as well as the management, technical and
(r) Encourage all local government agencies and all local operational approaches to resource recovery; and
government units to patronize products manufactured using
recycled and recyclable materials; (2) of processors/recyclers, the list of materials being
recycled or bought by them and their respective
(s) Propose and adopt regulations requiring the source prices;
separation and post separation collection, segregated
collection, processing, marketing and sale of organic and (c) Promote the development of a recycling market through
designated recyclable material generated in each local the establishment of a national recycling network that will
government unit; and enhance the opportunity to recycle;

(t) Study and review of the following: (d) Provide or facilitate expert assistance in pilot modeling of
solid waste management facilities; and
(i) Standards, criteria and guidelines for promulgation
and implementation of an integrated national solid (e) Develop, test, and disseminate model waste minimization
waste management framework; and and reduction auditing procedures for evaluating options.

(ii) Criteria and guidelines for siting, design, operation The National Ecology Center shall be headed by the director of the
and maintenance of solid waste management Bureau in his ex officio capacity. It shall maintain a multi-sectoral,
facilities. multi-disciplinary pool of experts including those from the academe,
inventors, practicing professionals, business and industry, youth , question any employee or investigate any fact, condition or matter
women and other concerned sectors, who shall be screened which may be necessary to determine any violation, or which may aid
according to qualifications set by the Commission. in the effective enforcement of this Act and its implementing rules and
regulations. This Section shall not apply to private dwelling places
Section 8. Role of the Departmen. - For the furtherance of the unless the visitorial power is otherwise judicially authorized.
objectives of this Act, the Department shall have the following
functions: Section 10. Role of LGUs in Solid Waste Management - Pursuant to the
relevant provisions of R.A. No. 7160, otherwise known as the Local
(a) Chair the Commission created pursuant to this Act; government code, the LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this Act within
(b) Prepare an annual National Solid Waste Management their respective jurisdictions.
Status Report;
Segregation and collection of solid waste shall be conducted at the
(c) Prepare and distribute information, education and barangay level specifically for biodegradable, compostable and
communication materials on solid waste management; reusable wastes: Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility of the
municipality or city.
(d) Establish methods and other parameters for the
measurement of waste reduction, collection and disposal;
Section 11. Provincial Solid Waste Management Board - A Provincial
Solid Waste Management board shall be established in every
(e) Provide technical and other capability building assistance
province, to be chaired by the governor. Its members shall include:
and support to the LGUs in the development and
implementation of local solid waste management plans and
programs; (a) All the mayors of its component cities and municipalities;

(f) Recommend policies to eliminate barriers to waste (b) One (1) representative from the Sangguniang
reduction programs; Panlalawigan to be represented by the chairperson of either
the Committees on Environment or Health or their equivalent
committees, to be nominated by the presiding officer;
(g) Exercise visitorial and enforcement powers to ensure strict
compliance with this Act;
(c) The provincial health and/or general services officers,
whichever may be recommended by the governor;
(h) Perform such other powers and functions necessary to
achieve the objectives of this Act; and
(d) The provincial environment and natural resources officer;
(i) Issue rules and regulations to effectively implement the
provisions of this Act. (e) The provincial engineer;

Section 9. Visitorial Powers of the Department. - The Department or its (f) Congressional representatives from each congressional
duly authorized representative shall have access to, and the right to district within the province;
copy therefrom, the records required to be maintained pursuant to
the provisions of this Act. The Secretary or the duly authorized (g) A representative from the NGO sector whose principal
representative shall likewise have the right to enter the premises of any purpose is to promote recycling and the protection of air and
generator, recycler or manufacturer, or other facilities any time to water quality;
 (h) A representative from the recycling industry; The Provincial Solid Waste Management Board shall have the
following functions and responsibilities:
(i) A representative from the manufacturing or packaging
industry; and (1) Develop a provincial solid waste management plan from
the submitted solid waste management plans of the
(j) A representative of each concerned government agency respective city and municipal solid waste management
possessing relevant technical and marketing expertise as may boards herein created. It shall review and integrate the
be determined by the board. submitted plans of all its component cities and municipalities
and ensure that the various plan complement each other, and
The Provincial Solid Waste Management Board may, from time to time, have the requisite components. The Provincial Solid Waste
call on any other concerned agencies or sectors as it may deem Management Plan shall be submitted to the Commission for
necessary. approval.

Provided, That representatives from the NGOs, recycling and The Provincial Plans shall reflect the general program of action
manufacturing or packaging industries shall be selected through a and initiatives of the provincial government and implementing
process designed by themselves and shall be endorsed by the a solid waste management program that would support the
government agency of representatives of the Board: Provided, further, various initiatives of its component cities and municipalities.
that in the Province of Palawan, the Board shall be chaired by the
chairman of the Palawan Council for Sustainable Development, (2) Provide the necessary logistical and operational support to
pursuant to Republic Act No. 7611. its component cities and municipalities in consonance with
subsection (f) of Sec.17 of the Local Government Code;
In the case of Metro Manila, the Board shall be chaired by the
chairperson of the MMDA and its members shall include: (3) Recommend measures and safeguards against pollution
and for the preservation of the natural ecosystem;
(i) all mayors of its component cities and municipalities;
(4) Recommend measures to generate resources, funding and
(ii) a representative from the NGO sector whose principal implementation of project and activities as specified in the
purpose is to promote recycling and the protection of air and duly approved solid waste management plans;
water quality;
(5) Identify areas within its jurisdiction which have common
(iii) a representative from the recycling industry; and solid waste management problems and are appropriate units
are planning local solid waste management services in
accordance with Section 41 hereof;
(iv) a representative from the manufacturing or packaging
industry.
(6) Coordinate the efforts of the component cities and
municipalities in the implementation of the Provincial Solid
The Board may, from time to time, call on any other concerned
Waste Management Plan;
agencies or sectors as it may deem necessary.

(7) Develop an appropriate incentive scheme as an integral

Provided, That representatives from the NGOs, recycling and
component of the Provincial Solid Waste Management Plan;
manufacturing or packaging industries shall be selected through a
process designed by themselves and shall be endorsed by the
government agency representatives of the Board.
 (8) Convene joint meetings of the provincial, city and d) A representative from NGOs whose principal purpose is to
municipal solid waste management boards at least every promote recycling and the protection of air and water quality;
quarter for purposes of integrating, synchronizing, monitoring
and evaluating the development and implementation of its e) A representative from the recycling industry;
provincial solid waste management plan;
f) A representative from the manufacturing or packaging
(9) Represent any of its component city or municipality in industry; and
coordinating its resource and operational requirements with
agencies of the national government; g) A representative of each concerned government agency
possessing relevant technical and marketing expertise as may
(10) Oversee the implementation of the Provincial Solid Waste be determined by the Board.
Management Plant;
The City or Municipal Solid Waste Management Board may, from time
(11) Review every two (2) years or as the need arises the to time, call on any concerned agencies or sectors as it may deem
Provincial Solid Waste Management Plan for purposes of necessary.
ensuring its sustainability, viability, effectiveness and relevance
in relation to local and international development in the field Provided, That representatives from NGOs, recycling and
of solid waste management; and manufacturing or packaging industries shall be selected through a
process designed by themselves and shall be endorsed by the
(12) Allow for the clustering of LGUs for the solution of common government agency representatives of the Board.
solid waste management problems.
The City and Municipal Solid Waste Management Boards shall have
Section 12. City and Municipal Solid Waste Management Board - Each the following duties and responsibilities:
city or municipality shall form a City or Municipal Waste Management
Board that shall prepare, submit and implement a plan for the safe (1) Develop the City or Municipal Solid Waste Management
and sanitary management of solid waste generated in areas under in Plan that shall ensure the long-term management of solid
geographic and political coverage. waste, as well as integrate the various solid waste
management plans and strategies of the barangays in its area
The City or Municipal Solid Waste Management Board shall be of jurisdiction. In the development of the Solid Waste
composed of the city or municipal mayor as head with the following Management Plan, it shall conduct consultations with the
as members: various sectors of the community;

a) One (1) representative of Sangguniang Panlungsod or the (2) Adopt measures to promote and ensure the viability and
Sangguniang Bayan, preferably chairpersons of either the effective implementation of solid waste management
Committees on Environment or Health, who will be designated programs in its component barangays;
by the presiding officer;
(3) Monitor the implementation of the City or Municipal Solid
b) President of the Association of Barangay Councils in the Waste Management Plan through its various political
municipality or city; subdivisions and in cooperation with the private sector and the
NGOs;
c) Chairperson of the Sangguniang Kabataan Federation;
(4) Adopt specific revenue-generating measures to promote Section13. Establishment of Multi-Purpose Environment Cooperatives or
the viability of its Solid Waste Management Plan; Association in Every LGU - Multi-purpose cooperatives and
associations that shall undertake activities to promote the
(5) Convene regular meetings for purposes of planning and implementation and/ or directly undertake projects in compliance
coordinating the implementation of the solid waste with the provisions of this Act shall be encouraged and promoted in
management plans of the respective component barangays; every LGU.

(6) Oversee the implementation of the City or Municipal Solid CHAPTER III
Waste Management Plan; COMPREHENSIVE SOLID WASTE MANAGEMENT

(7) Review every two (2) years or as the need arises the City or Article 1
Municipal Solid Waste Management Plan for purposes of General Provisions
ensuring its sustainability, viability, effectiveness and relevance
in relation to local and international developments in the field Section 14. National Solid Waste Management Status Report - The
of solid waste management; Department, in coordination with the DOH and other concerned
agencies, shall within six (6) months after the effectivity of this Act,
(8) Develop the specific mechanics and guidelines for the prepare a National Solid Waste Management Status Report which
implementation of the City or Municipal Solid Waste shall be used as a basis in formulating the National Solid Waste
Management Plan; Management Framework provided in Sec. 15 of this Act. The
concerned agencies shall submit to the Department relevant data
(9) Recommended to appropriate local government necessary for the completion of the said report within three (3) months
authorities specific measures or proposals for franchise or build- following the effectivity of this Act. The said report shall include, but
operate-transfer agreements with duly recognized institutions, shall not be limited to, the following:
pursuant to R.A.6957, to provide either exclusive or non-
exclusive authority for the collection, transfer, storage, (a) Inventory of existing solid waste facilities;
processing, recycling or disposal of municipal solid waste. The
proposals shall take into consideration appropriate (b) General waste characterization, taking into account the
government rules and regulations on contracts, franchise and type, quantity of waste generated and estimation of volume
build-operate-transfer agreements; and type of waste for reduction and recycling;

(10) Provide the necessary logistical and operational support (c) Projection of waste generation;
to its component cities and municipalities in consonance with
subsection (f) of Sec. 17 of the Local Government Code; (d) The varying regional geologic, hydrologic, climatic, and
other factors vital in the implementation of solid waste
(11) Recommended measures and safeguards against practices to ensure the reasonable protection of:
pollution and for the preservation of the natural ecosystem;
and (1) the quality of surface and groundwater from
leachate contamination;
(12) Coordinates the efforts of its components barangays in the
implementation of the city or municipal Solid Waste (2) the quality of surface waters from surface run-off
Management Plan. contamination; and
 (3) ambient air quality. practices, location of facilities where such operating methods,
techniques and practices are conducted, taking into account
(e) Population density, distribution and projected growth; the nature of the waste;

(f) The political, economic, organizational, financial and (d) Waste diversion goal pursuant to Sec. 20 of this Act;
management problems affecting comprehensive solid waste
management; (e) Schedule for the closure and/or upgrading of open and
controlled dumps pursuant to Sec. 37 of this Act;
(g) Systems and techniques of waste reduction, re-use and
recycling; (f) Methods of closing or upgrading open dumps for purposes
of eliminating potential health hazards;
(h) Available markets for recyclable materials;
(g) The profile of sources, including industrial, commercial,
(i) Estimated cost of collecting, storing, transporting, marketing domestic, and other sources;
and disposal of wastes and recyclable materials; and
(h) Practical applications of environmentally sound techniques
(j) Pertinent qualitative and quantitative information of water minimization such as, but not limited to, resource
concerning the extent of solid waste management problems conservation, segregation at source, recycling, resource
and solid waste management activities undertaken by local recovery, including waste-to-energy generation, re-use and
government units and the waste generators. composting;

Provided, That the Department, in consultation with concerned (i) A technical and economic description of the level of
agencies, shall review, update and publish a National Solid Waste performance that can be attained by various available solid
Management Status Report every two (2) years or as the need arises. waste management practices which provide for the
protection of public health and the environment;
Section 15. National Solid Waste Management Framework - Within six
(6) months from the completion of the national solid waste (j) Appropriate solid waste facilities and conservation systems;
management status report under Sec. 14 of this Act, the Commission
created under Sec. 4 of this Act shall, with public participation, (k) Recycling programs for the recyclable materials, such as
formulate and implement a National Solid Waste Management but not limited to glass, paper, plastic and metal;
Framework. Such framework shall consider and include:
(l) Venues for public participation from all sectors at all
(a) Analysis and evaluation of the current state, trends, phases/stages of the waste management program/project;
projections of solid waste management on the national,
provincial and municipal levels; (m) Information and education campaign strategies;

(b) Identification of critical solid waste facilities and local (n) A description of levels of performance and appropriate
government units which will need closer monitoring and/or methods and degrees of control that provide, at the minimum,
regulation; for protection of public health and welfare through:

(c) Characteristics and conditions of collection, storage,

processing, disposal, operating methods, techniques and
 (1) Protection of the quality of groundwater and updated every year by the provincial, city or municipal solid waste
surface waters from leachate and run-off management board.
contamination;
For LGUs which have considered solid waste management
(2) Disease and epidemic prevention and control; alternatives to comply with Sec. 37 of this Act, but are unable to utilize
such alternatives, a timetable or schedule of compliance specifying
(3) Prevention and control of offensive odor; and the remedial measure and eventual compliance shall be included in
the plan.
(4) Safety and aesthetics.
All local government solid waste management plans shall be
(o) Minimum criteria to be used by the local government units subjected to the approval of the Commission. The plan shall be
to define ecological solid waste management practices. As consistent with the national framework and in accordance with the
much as practicable, such guidelines shall also include provisions of this Act and of the policies set by the
minimum information for use in deciding the adequate Commission; Provided, That in the province of Palawan, the local
location, design and construction of facilities associated with government solid waste management plan shall be approved by the
solid waste management practices, including the Palawan Council for Sustainable Development, pursuant to R.A. No.
consideration of regional, geographic, demographic and 7611.
climatic factors; and
Section 17. The Components of the Local Government Solid Waste
(p) The method and procedure for the phaseout and the Management Plan - The solid waste management plan shall include,
eventual closure within eighteen (18) months from the but not limited to, the following components:
effectivity of this Act in case of existing open dumps and/or
sanitary landfills located within an aquifer, groundwater (a) City or Municipal Profile - The plan shall indicate the
reservoir or watershed area. following background information on the city or municipality
and its component barangays, covering important highlights
Section 16. Local Government Solid Waste Management Plans - The of the distinct geographic and other conditions:
province, city or municipality, through its local solid waste
management boards, shall prepare its respective 10-year solid waste (1) Estimated population of each barangay within the
management plans consistent with the national solid waste city or municipality and population project for a 10-
management framework: Provided, That the waste management year period;
plan shall be for the re-use, recycling and composting of wastes
generated in their respective jurisdictions: Provided, further, That the (2) Illustration or map of the city/municipality, indicating
solid waste management plan of the LGU shall ensure the efficient locations of residential, commercial, and industrial
management of solid waste generated within its jurisdiction. The plan centers, and agricultural area, as well as dump, landfills
shall place primary emphasis on implementation of all feasible re-use, and other solid waste facilities. The illustration shall
recycling, and composting programs while identifying the amount of indicate as well, the proposed sites for disposal and
landfill and transformation capacity that will be needed for solid other solid waste facilities;
waste which cannot be re-used, recycled, or composted. The plan
shall contain all the components provided in Sec. 17 of this Act and a (3) Estimated solid waste generation and projection by
timetable for the implementation of the solid waste management source, such as residential, market, commercial,
program in accordance with the National Framework and pursuant to industrial, construction/ demolition, street
the provisions of this Act: Provided, finally, That it shall be reviewed and waste,agricultural, agro-industrial, institutional, other
waste; and
 (4) Inventory of existing waste disposal and other solid (4) Issuance and enforcement of ordinances to
waste facilities and capacities. effectively implement a collection system in the
barangay; and
(b) Waste characterization - For the initial source reduction
and recycling element of a local waste management plan, (5) Provision of properly trained officers and workers to
the LGU waste characterization component shall identify the handle solid waste disposal.
constituent materials which comprise the solid waste
generated within the jurisdiction of the LGU. The information The plan shall define and specify the methods and systems for
shall be representative of the solid waste generated and the transfer of solid waste from specific collection points to
disposed of within the area. The constituent materials shall be solid waste management facilities.
identified by volume, percentage in weight or its volumetric
equivalent, material type, and source of generation which (d) Processing - The Plan shall define the methods and the
includes residential, commercial, industrial, governmental, or facilities required to process the solid waste, including the use
other materials. Future revisions of waste characterization of intermediate treatment facilities for composting, recycling,
studies shall identify the constituent materials which comprise conversion and other waste processing systems. Other
the solid waste disposed of at permitted disposal facilities. appropriate waste processing technologies may also be
considered provided that such technologies conform with
(c) Collection and Transfer - The plan shall take into account internationally-acceptable and other standards set in other
the geographic subdivisions to define the coverage of the standards set in other laws and regulations.
solid waste collection area in every barangay. The barangay
shall be responsible for ensuring that a 100% collection (e) Source reduction - The source reduction component shall
efficiency from residential, commercial, industrial and include a program and implementation schedule which shows
agricultural sources, where necessary within its area of the methods by which the LGU will, in combination with the
coverage, is achieved. Toward this end, the plan shall define recycling and composting components, reduce a sufficient
and identify the specific strategies and activities to be amount of solid waste disposed of in accordance with the
undertaken by its component barangays, taking into account diversion requirements of Sec. 20.
the following concerns:
The source reduction component shall describe the following:
(1) Availability and provision of properly designed
containers or receptacles in selected collection points
(1) strategies in reducing the volume of solid waste
for the temporary storage of solid waste while awaiting
generated at source;
collection and transfer to processing sites or to final
disposal sites;
(2) measures for implementing such strategies and the
resources necessary to carry out such activities;
(2) Segregation of different types of solid waste for re-
use, recycling and composting;
(3) other appropriate waste reduction technologies
that may also be considered, provided that such
(3) Hauling and transfer of solid waste from source or
technologies conform with the standards set pursuant
collection points to processing sites or final disposal
to this Act;
sites;
(4) the types of wastes to be reduced pursuant to Sec.
15 of this Act;
 (5) the methods that the LGU will use to determine the The LGU recycling component shall described methods for
categories of solid wastes to be diverted from disposal developing the markets for recycled materials, including, but
at a disposal facility through re-use, recycling and not limited to, an evaluation of the feasibility of procurement
composting; and preferences for the purchase of recycled products. Each LGU
may determine and grant a price preference to encourage
(6) new facilities and expansion of existing facilities the purchase of recycled products.
which will be needed to implement re-use, recycling
and composting. The five-year strategy for collecting, processing, marketing and
selling the designated recyclable materials shall take into
The LGU source reduction component shall include the account persons engaged in the business of recycling or
evaluation and identification of rate structures and fees for the persons otherwise providing recycling services before the
purpose of reducing the amount of waste generated, an other effectivity of this Act. Such strategy may be base upon the
source reduction strategies, including but not limited to, results of the waste composition analysis performed pursuant to
programs and economic incentives provided under Sec. 46 of this Section or information obtained in the course of past
this Act to reduce the use of non-recyclable materials, replace collection of solid waste by the local government unit, and
disposable materials and products with reusable materials and may include recommendations with respect to increasing the
products, reduce packaging, and increase the efficiency of number of materials designated for recycling pursuant to this
the use of paper, cardboard, glass, metal, and other materials. Act.
The waste reduction activities of the community shall also take
into account, among others, local capability, economic The LGU recycling component shall evaluate industrial,
viability, technical requirements, social concerns' disposition of commercial, residential, agricultural, governmental and other
residual waste and environmental impact: Provided, That, curbside, mobile, drop-off and buy-back recycling programs,
projection of future facilities needed and estimated cost shall manual and automated materials recovery facilities, zoning,
be incorporated in the plan. building code changes and rate structures which encourage
recycling of materials. The Solid Waste Management Plan shall
(f) Recycling - The recycling component shall include a indicate the specific measures to be undertaken to meet the
program and implementation schedule which shows the waste diversion specified under Sec. 20 of this Act.
methods by which the LGU shall, in combination with source
reduction and composting components, reduce a sufficient Recommended revisions to the building ordinances, requiring
amount of solid waste disposed of in accordance with the newly-constructed buildings and buildings undergoing
diversion requirements set in Sec .20. specified alterations to contain storage space, devices or
mechanisms that facilitate source separation and storage of
The LGU recycling component shall describe the following: designated recyclable materials to enable the local
government unit to efficiently collect, process, market and sell
(1) The types of materials to be recycled under the the designated materials. Such recommendations shall
programs; include, but shall not be limited to separate chutes to facilitate
source separation in multi-family dwellings, storage areas that
conform to fire and safety code regulations, and specialized
(2) The methods for determining the categories of solid
storage containers.
wastes to be diverted from disposal at a disposal facility
through recycling; and
The Solid Waste Management Plan shall indicate the specific
measures to be undertaken to meet the recycling goals
(3) New facilities and expansion of existing facilities
pursuant to the objectives of this Act.
needed to implement the recycling component.
(g) Composting - The composting component shall include a (3) All disposal capacity which has been secured
program and implementation schedule which shows the through an agreement with another LGU, or through an
methods by which the LGU shall, in combination with the agreement with a solid waste enterprise.
source reduction and recycling components, reduce a
sufficient amount of solid waste disposed of within its The plan shall identify existing and proposed disposal sites and
jurisdiction to comply with the diversion requirements of Sec. 20 waste management facilities in the city or municipality or in
hereof. other areas. The plan shall specify the strategies for the
efficient disposal of waste through existing disposal facilities
The LGU composting component shall describe the following: and the identification of prospective sites for future use. The
selection and development of disposal sites shall be made on
(1) The types of materials which will be composted the basis of internationally accepted standards and on the
under the programs; guidelines set in Sec. 41 and 42 of this Act.

(2) The methods for determining the categories of solid Strategies shall be included to improve said existing sites to
wastes to be diverted from disposal at a disposal facility reduce adverse impact on health and the environment, and
through composting; and to extent life span and capacity. The plan shall clearly define
projections for future disposal site requirements and the
(3) New facilities, and expansion of existing facilities estimated cost for these efforts.
needed to implement the composting component.
Open dump sites shall not be allowed as final disposal sites. If
The LGU composting component shall describe methods for an open dump site is existing within the city or municipality, the
developing the markets for composted materials, including, plan shall make provisions for its closure or eventual phase out
but not limited to, an evaluation of the feasibility of within the period specified under the framework and pursuant
procurement preferences for the purchase of composted to the provisions under Sec. 37 of this Act. As an alternative,
products. Each LGU may determine and grant a price sanitary landfill sites shall be developed and operated as a
preference to encourage the purchase of composted final disposal site for solid and, eventually, residual wastes of a
products. municipality or city or a cluster of municipality and/or cities.
Sanitary landfills shall be designed and operated in
accordance with the guidelines set under Secs. 40 and 41 of
(h) Solid waste facility capacity and final disposal - The solid
this Act.
waste facility component shall include, but shall not be limited
to, a projection of the amount of disposal capacity needed to
accommodate the solid waste generated, reduced by the (i) Education and public information - The education and
following: public information component shall describe how the LGU will
educate and inform its citizens about the source reduction,
recycling and composting programs.
(1) Implementation of source reduction, recycling and
composting programs required in this Section or
through implementation of other waste diversion The plan shall make provisions to ensure that information on
activities pursuant to Sec. 20 of this Act; waste collection services, solid waste management and
related health and environmental concerns are widely
disseminated among the public. This shall be undertaken
(2) Any permitted disposal facility which will be
through the print and broadcast media and other government
available during the 10-year planning period; and
agencies in the municipality. The DECS and the Commission on
Higher Education shall ensure that waste management shall
be incorporated in the curriculum of primary, secondary and (m) Incentive programs - A program providing for incentives,
college students. cash or otherwise, which shall encourage the participation of
concerned sectors shall likewise be included in the plan.
(j) Special Waste - The special waste component shall include
existing waste handling and disposal practices for special Section 18. Owner and Operator - Responsibility for compliance with
wastes or household hazardous wastes, and the identification the standards in this Act shall rest with the owner and/or operator. If
of current and proposed programs to ensure the proper specifically designated, the operator is considered to have primary
handling, re-use, and long-term disposal of special wastes; responsibility for compliance; however, this does not relieve the owner
of the duty to take all reasonable steps to assure compliance with
(k) Resource requirement and funding - The funding these standards and any assigned conditions. When the title to a
component includes identification and description of project disposal is transferred to another person, the new owner shall be
costs, revenues, and revenue sources the LGU will use to notified by the previous owner of the existence of these standards and
implement all components of the LGU solid waste of the conditions assigned to assure compliance.
management plan;
Section 19. Waste characterization - The Department in coordination
The plan shall likewise indicate specific projects, activities, with the LGUs, shall be responsible for the establishment of the
equipment and technological requirements for which outside guidelines for the accurate characterization of wastes including
sourcing of funds or materials may be necessary to carry out determination of whether or not wastes will be compatible with
the specific components of the plan. It shall define the specific containment features and other wastes, and whether or not wastes
uses for its resource requirement s and indicate its costs. The are required to be managed as hazardous wastes under R.A. 6969,
plan shall likewise indicate how the province, city or otherwise known as the Toxic Substance and Hazardous and Nuclear
municipality intends to generate the funds for the acquisition Wastes Control Act.
of its resource requirements. It shall also indicate if certain
resource requirements are being or will be sourced from fees, Section 20. Establishing Mandatory Solid Waste Diversion - Each LGU
grants, donations, local funding and other means. This will plan shall include an implementation schedule which shows that
serve as basis for the determination and assessment of within five (5) years after the effectivity of this Act, the LGU shall divert
incentives which may be extended to the province, city or at least 25% of all solid waste from waste disposal facilities through re-
municipality as provided for in Sec. 45 of this Act. use, recycling and composting activities and other resource recovery
activities; Provided, That the waste diversion goals shall be increased
(l) Privatization of solid waste management projects - The plan every three (3) years thereafter; Provided, further, That nothing in this
shall likewise indicate specific measures to promote the Section prohibits a local government unit from implementing re-use,
participation of the private sector in the management of solid recycling, and composting activities designed to exceed the goal.
wastes, particularly in the generation and development of the
essential technologies for solid waste management. Specific Article 2
projects or component activities of the plan which may be Segregation of Wastes
offered as private sector investment activity shall be identified
and promoted as such. Appropriate incentives for private Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall
sector involvement in solid waste management shall likewise evaluate alternative roles for the public and private sectors in
be established and provided for in the plan, in consonance providing collection services, type of collection system, or
with Sec. 45 hereof and other existing laws, policies and combination of systems, that best meet their needs: Provided, That
regulations; and segregation of wastes shall primarily be conducted at the source, to
include household, institutional, industrial, commercial and agricultural
sources: Provided, further; That wastes shall be segregated into the (b) Necessary training shall be given to the collectors and
categories provided in Sec. 22 of this Act. personnel to ensure that the solid wastes are handled properly
and in accordance with the guidelines pursuant to this Act;
For premises containing six (6) or more residential units, the local and
government unit shall promulgate regulations requiring the owner or
person in charge of such premises to: (c) Collection of solid waste shall be done in a manner which
prevents damage to the container and spillage or scattering
(a) provide for the residents a designated area and containers of solid waste within the collection vicinity.
in which to accumulate source separated recyclable materials
to be collected by the municipality or private center; and Section 24. Requirements for the Transport of Solid Waste - The use of
separate collection schedules and/or separate trucks or haulers shall
(b) notify the occupants of each buildings of the requirements be required for specific types of wastes. Otherwise, vehicles used for
of this Act and the regulations promulgated pursuant thereto. the collection and transport of solid wastes shall have the appropriate
compartments to facilitate efficient storing of sorted wastes while in
Section 22. Requirements for the Segregation and Storage of Solid transit.
Waste - The following shall be the minimum standards and
requirements for segregation and storage of solid waste pending Vehicles shall be designed to consider road size, condition and
collection: capacity to ensure the sage and efficient collection and transport of
solid wastes.
(a) There shall be a separate container for each type of waste
from all sources: Provided, That in the case of bulky waste, it will The waste compartment shall have a cover to ensure the
suffice that the same be collected and placed in a separate containment of solid wastes while in transit.
designated area; and
For the purpose of identification, vehicles shall bear the body number,
(b) The solid waste container depending on its use shall be the name, and the telephone number of the contractor/agency
properly marked or identified for on-site collection as collecting solid waste.
"compostable", "non-recyclable", "recyclable" or "special
waste", or any other classification as may be determined by Section 25. Guidelines for Transfer Stations - Transfer stations shall be
the Commission. designed and operated for efficient waste handling capacity and in
compliance with environmental standards and guidelines set pursuant
Article 3 to this Act and other regulations: Provided, That no waste shall be
Collection and Transport of Solid Wastes stored in such station beyond twenty-four (24) hours.

Section 23. Requirements for Collection of Solid Wastes - The following The siting of the transfer station shall consider the land use plan,
shall be the minimum standards and requirements for the collection of proximity to collection area, and accessibility of haul routes to disposal
solid waste: facility. The design shall give primary consideration to size and space
sufficiency in order to accommodate the waste for storage and
(a) All collectors and other personnel directly dealing with vehicles for loading and unloading of wastes.
collection of solid waste shall be equipped with personal
protective equipment to protect them from the hazards of Article 4
handling wastes; Recycling Program
Section 26. Inventory of Existing Markets for Recyclable Materials - The (a) Packaging used at hospitals, nursing homes or other
DTI shall within six (6) months from the effectivity of this Act and in medical facilities; and
cooperation with the Department, the DILG and other concerned
agencies and sectors, publish a study of existing markets for (b) Any packaging which is not environmentally acceptable,
processing and purchasing recyclable materials and the potential but for which there is no commercially available alternatives as
steps necessary to expand these markets. Such study shall include, but determined by the Commission.
not be limited to, an inventory of existing markets for recyclable
materials, product standards for recyclable and recycled materials, The Commission shall annually review and update the list of prohibited
and a proposal, developed in conjunction with the appropriate non-environmentally acceptable products.
agencies, to stimulate the demand for the production of products
containing post consumer and recovered materials.
Section 30. Prohibition on the Use of Non-Environmentally Acceptable
Packaging - No person owning, operating or conducting a
Section 27. Requirement for Eco-Labeling - The DTI shall formulate and commercial establishment in the country shall sell or convey at retail or
implement a coding system for packaging materials and products to possess with the intent to sell or convey at retail any products that are
facilitate waste and recycling and re-use. placed, wrapped or packaged in or on packaging which is not
environmentally acceptable packaging: Provided, That the
Section 28. Reclamation Programs and Buy-back Centers for Commission shall determine a phaseout period after proper
Recyclables and Toxics - The National Ecology Center shall assist LGUs consultation and hearing with the stakeholders or with the sectors
in establishing and implementing deposit or reclamation programs in concerned. The presence in the commercial establishment of non-
coordination with manufacturers, recyclers and generators to provide environmentally acceptable packaging shall constitute a rebuttable
separate collection systems or convenient drop-off locations for presumption of intent to sell or convey the same at retail to customers.
recyclable materials and particularly for separated toxic components
of the waste stream like dry cell batteries and tires to ensure that they Any person who is a manufacturer, broker or warehouse operator
are not incinerated or disposed of in a landfill. Upon effectivity of this engaging in the distribution or transportation of commercial products
Act, toxic materials present in the waste stream should be separated within the country shall file a report with the concerned local
at source, collected separately and further screened and sent to government within one (1) year from the effectivity of this Act, and
appropriate hazardous waste treatment and disposal plants, annually thereafter, a listing of any products in packaging which is not
consistent with the provisions of R.A. No. 6969. environmentally acceptable. The Commission shall prescribe the form
of such report in its regulations.
Section 29. Non-Environmentally Acceptable Products - Within one (1)
year from the effectivity of this Act, the Commission shall, after public A violation of this Section shall be sufficient grounds for the revocation,
notice and hearing, prepare a list of nonenvironmentally acceptable suspension, denial or non-renewal of any license for the establishment
products as defined in this Act that shall be prohibited according to a in which the violation occurs.
schedule that shall be prepared by the
Commission: Provided, however, That non-environmentally
Section 31. Recycling Market Development - The Commission together
acceptable products shall not be prohibited unless the Commission
with the National Ecology Center, the DTI and the Department of
first finds that there are alternatives available which are available to
Finance shall establish procedures, standards and strategies to market
consumers at no more than ten percent (10%) greater cost than the
recyclable materials and develop the local market for recycle goods,
disposable product.
including but not limited to:

Notwithstanding any other provisions to the contrary, this section shall

(a) measures providing economic incentives and assistance
not apply to:
including loans and grants for the establishment of privately-
 owned facilities to manufacture finished products from post- Article 5
consumer materials; Composting

(b) guarantees by the national and local governments to Section 34. Inventory of Markets of Composts - Within six (6) months
purchase a percentage of the output of the facility; and after the effectivity of this Act, the DA shall publish an inventory of
existing markets and demands for composts. Said inventory shall
(c) maintaining a list of prospective buyers, establishing thereafter be updated and published annually: Provided, That the
contact with prospective buyers and reviewing and making composting of agricultural wastes and other compostable materials,
any necessary changes in collecting or processing the including but not limited to garden wastes, shall be encouraged.
materials to improve their marketability.
Section 35. Guidelines for Compost Quality - Compost products
In order to encourage establishments of new facilities to produce intended to be distributed commercially shall conform with the
goods from post-consumer and recovered materials generated within standards for organic fertilizers set by the DA. The DA shall assist the
local government units, and to conserve energy by reducing materials compost producers to ensure that the compost products conform to
transportation, whenever appropriate, each local government unit such standards.
may arranged for long-term contracts to purchase a substantial share
of the product output of a proposed facility which will be based in the Article 6
jurisdiction of the local government unit if such facility will manufacture Waste Management Facilities
such finished products form post-consumer and recovered materials.
Section 36. Inventory of Waste Disposal Facilities - Within six (6) months
Section 32. Establishment of LGU Materials Recovery Facility. - There from the effectivity of this Act, the Department, in cooperation with
shall be established a Materials Recovery Facility (MRF) in every the DOH, DILG and other concerned agencies, shall publish an
barangay or cluster of barangays. The facility shall be established in a inventory of all solid waste disposal facilities or sites in the country.
barangay-owned or -leased land or any suitable open space to be
determined by the barangay through its Sanggunian. For this purpose, Section 37. Prohibition Against the Use of Open Dumps for Solid
the barangay or cluster of barangays shall allocate a certain parcel of Waste - No open dumps shall be established and operated, nor any
land for the MRF. The MRF shall receive mixed waste for final sorting, practice or disposal of solid waste by any person, including LGUs,
segregation, composting, and recycling. The resulting residual wastes which constitutes the use of open dumps for solid wastes, be allowed
shall be transferred to a long term storage or disposal facility or after the effectivity of this Acts: Provided, That within three (3) years
sanitary landfill. after the effectivity of this Act, every LGU shall convert its open dumps
into controlled dumps, in accordance with the guidelines set in Sec. 41
Section 33. Guidelines for Establishment of Materials Recovery Facility - of this Act: Provided, further, That no controlled dumps shall be
Materials recovery facilities shall be designed to receive, sort, process allowed five (5) years following the effectivity of this Act.
and store compostable and recyclable material efficiently and in an
environmentally sound manner. The facility shall address the following Section 38. Permit for Solid Waste Management Facility Construction
considerations: and Expansion - No person shall commence operation, including site
preparation and construction of a new solid waste management
(a) The building and/or land layout and equipment must be facility or the expansion of an existing facility until said person obtains
designed to accommodate efficient and safe materials an Environment Compliance Certificate (ECC) from the Department
processing, movement, and storage; and pursuant to P.D. 1586 and other permits and clearances form
concerned agencies.
(b) The building must be designed to allow efficient and safe
external access and to accommodate internal flow.
Section 39. Guidelines for Controlled Dumps - The following shall be the resources such as aquifer, groundwater reservoir or watershed
minimum considerations for the establishments of controlled dumps: area;

(a) Regular inert cover; (f) The site should be large enough to accommodate the
community's wastes for a period of five (5) years during which
(b) Surface water and peripheral site drainage control; people must internalize the value of environmentally sound
and sustainable solid waste disposal;
(c) Provision for aerobic and anaerobic decomposition;
(g) The site chosen should facilitate developing a landfill that
(d) Restriction of waste deposition to small working areas; will satisfy budgetary constraints, including site development,
operation for many years, closure, post-closure care and
possible remediation costs;
(e) Fence, including provisions for litter control;

(h) Operating plans must include provisions for coordinating

(f) Basic record-keeping;
with recycling and resource recovery projects; and
(g) Provision of maintained access road;
(i) Designation of a separate containment area for household
hazardous wastes.
(h) Controlled waste picking and trading;
Section 41. Criteria for Establishment of Sanitary Landfill - The following
(i) Post-closure site cover and vegetation; and
shall be the minimum criteria for the establishment of sanitary landfills:

(j) Hydro geological siting.

(a) Liners - a system of clay layers and/or geosynthethic
membranes used to contain leachate and reduce or prevent
Section 40. Criteria for Siting a Sanitary Landfill - The following shall be contaminant flow to groundwater;
the minimum criteria for the siting of sanitary landfills:
(b) Leachate collection and treatment system - installation of
(a) The site selected must be consistent with the overall land pipes at the low areas of the liner to collect leachate for
use plan of the LGU; storage and eventual treatment and discharge;

(b) The site must be accessible from major roadways or (c) Gas control and recovery system - a series of vertical wells
thoroughfares; or horizontal trenches containing permeable materials and
perforated piping placed in the landfill to collect gas for
(c) The site should have an adequate quantity of earth cover treatment or productive use as an energy source;
material that is easily handled and compacted;
(d) Groundwater monitoring well system - wells placed at an
(d) The site must be chosen with regard for the sensitivities of appropriate location and depth for taking water that are
the community's residents; representative of ground water quality;

(e) The site must be located in an area where the landfill's (e) Cover - two (2) forms of cover consisting of soil and
operation will not detrimentally affect environmentally sensitive geosynthetic materials to protect the waste from long-term
contact with the environment:
 (i) a daily cover placed over the waste at the close of unpermitted wastes, flooding and other unusual
each day's operations, and; occurrences;

(ii) a final cover, or cap, which is the material placed (4) Record of personnel training; and
over the completed landfill to control infiltration of
water, gas emission to the atmosphere, and erosion. (5) Copy of written notification to the Department,
local health agency, and fire authority of names,
(f) Closure procedure with the objectives of establishing low addresses and telephone numbers of the operator or
maintenance cover systems and final cover that minimizes the responsible party of the site;
infiltration of precipitation into the waste. Installation of the final
cover must be completed within six (6) months of the last (b) Water quality monitoring of surface and ground waters and
receipt of waste; effluent, and gas emissions;

(g) Post-closure care procedure - During this period, the landfill (c) Documentation of approvals, determinations and other
owner shall be responsible for providing for the general upkeep requirements by the Department;
of the landfill, maintaining all of the landfill's environmental
protection features, operating monitoring equipment, (d) Signs:
remediating groundwater should it become contaminated
and controlling landfill gas migration or emission.
(1) Each point of access from a public road shall be
posted with an easily visible sigh indicating the facility
Section 42. Operating Criteria for Sanitary Landfills - In the operation of name and other pertinent information as required by
a sanitary land fill, each site operator shall maintain the following the Department;
minimum operating equipments:
(2) If the site is open to the public, there shall be an
(a) Disposal site records of, but not limited to: easily visible sign at the primary entrance of the site
indicating the name of the site operator, the operator's
(1) Records of weights or volumes accepted in a form telephone number, and hours of operation; an easily
and manner approved by the Department. Such visible sign at an appropriate point shall indicate the
records shall be submitted to the Department upon schedule of changes and the general types of
request, accurate to within ten percent (10%) and materials which will either be accepted or not;
adequate for overall planning purposes and
forecasting the rate of site filling; (3) If the site is open to the public, there shall be an
easily visible road sign and/or traffic control measures
(2) Records of excavations which may affect the safe which direct traffic to the active face and other areas
and proper operation of the site or cause damage to where wastes or recyclable materials will be deposited;
adjoining properties; and

(3) Daily log book or file of the following information: (4) Additional signs and/or measures may be required
fires, landslides, earthquake damage, unusual and at a disposal site by the Department to protect
sudden settlement, injury and property damage, personnel and public health and safety;
accidents, explosions, receipts or rejection of
(e) Monitoring of quality of surface, ground and effluent health, environmental controls and emergency procedures. A
waters, and gas emissions; record of such training shall be placed in the operating record;

(f) The site shall be designed to discourage unauthorized (n) The site operator shall provide adequate supervision of a
access by persons and vehicles by using a perimeter barrier or sufficient number of qualified personnel to ensure proper
topographic constraints. Areas within the site where open operation of the site in compliance with all applicable laws,
storage, or pounding of hazardous materials occurs shall be regulations, permit conditions and other requirements. The
separately fenced or otherwise secured as determined by the operator shall notify the Department and local health agency
Department. The Department may also require that other in writing of the names, addresses, and telephone number of
areas of the site be fenced to create an appropriate level of the operator or responsible party. A copy of the written
security; notification shall be placed in the operation record;

(g) Roads within the permitted facility boundary shall be (o) Any disposal site open to the public shall have an
designed to minimize the generation of dust and the tracking attendant present during public operating hours or the site
of material onto adjacent public roads. Such roads shall be shall be inspected by the operator on a regularly scheduled
kept in safe condition and maintained such that vehicle basis, as determined by the Department;
access and unloading can be conducted during inclement
weather; (p) Unloading of solid wastes shall be confined to a small area
as possible to accommodate the number of vehicles using the
(h) Sanitary facilities consisting of adequate number of toilets area without resulting in traffic, personnel, or public safety
and handwashing facilities, shall be available to personnel at hazards. Waste materials shall normally be deposited at the
or in the immediate vicinity of the site; toe of the fill, or as otherwise approved by the Department;

(i) Safe and adequate drinking water supply for the site (q) Solid waste shall be spread and compacted in layers with
personnel shall be available; repeated passages of the landfill equipment to minimize voids
within the cell and maximize compaction. The loose layer shall
(j) The site shall have communication facilities available to site not exceed a depth approximately two feet before
personnel to allow quick response to emergencies; compaction. Spreading and compacting shall be
accomplished as rapidly as practicable, unless otherwise
(k) Where operations are conducted during hours of darkness, approved by the Department;
the site and/or equipment shall be equipped with adequate
lighting as approved by the Department to ensure safety and (r) Covered surfaces of the disposal area shall be graded to
to monitor the effectiveness of operations; promote lateral runoff of precipitation and to prevent
pounding. Grades shall be established of sufficient slopes to
(l) Operating and maintenance personnel shall wear and use account for future settlement of the fill surface. Other effective
appropriate safety equipment as required by the Department; maintenance methods may be allowed by the Department;
and
(m) Personnel assigned to operate the site shall be adequately
trained in subject pertinent to the site operation and (s) Cover material or native material unsuitable for cover,
maintenance, hazardous materials recognition and screening, stockpiled on the site for use or removal, shall be placed so as
and heavy equipment operations, with emphasis on safety, not to cause problems or interfere with unloading, spreading,
compacting, access, safety drainage, or other operations.
 Article 7 and innovative projects, technologies, processes and
Local Government Solid Waste Management techniques or activities in re-use, recycling and reduction. Said
rewards shall be sourced from the Fund herein created.
Section 43. Guidelines for Identification of Common Solid Waste
Management Problems - For purposes of encouraging and facilitating (b) An incentive scheme is hereby provided for the purpose of
the development of local government plans for solid waste encouraging LGUs, enterprises, or private entities, including
management, the Commission shall, as soon as practicable but not NGOs, to develop or undertake an effective solid waste
later than six (6) months from the effectivity of this Act, publish management, or actively participate in any program geared
guidelines for the identification of those areas which have common towards the promotion thereof as provided for in this Act.
solid waste management problems and are appropriate units for
clustered solid waste management services. The guidelines shall be (1) Fiscal Incentives. - Consistent with the provisions of E.O. 226,
based on the following: otherwise known as the Omnibus Investments Code, the following tax
incentives shall be granted:
(a) the size and location of areas which should be included;
(a) Tax and Duty Exemption on Imported Capital Equipment
(b) the volume of solid waste which would be generated; and Vehicles - Within ten (10) years upon effectively of this Act,
LGUs, enterprises or private entities shall enjoy tax and duty
(c) the available means of coordinating local government free importation of machinery, equipment, vehicles and spare
planning between and among the LGUs and for the parts used for collection, transportation, segregation,
integration of such with the national plan; and recycling, re-use and composing of solid wastes: Provided,
That the importation of such machinery, equipment, vehicle
(d) possible lifespan of the disposal facilities. and spare parts shall comply with the following conditions:

Section 44. Establishment of Common Waste Treatment and Disposal (i) They are not manufactured domestically in sufficient
Facilities - Pursuant to Sec. 33 of R.A.7160, otherwise known as the quantity, of comparable quality and at reasonable
Local Government Code, all provinces, cities, municipalities and prices;
barangays, through appropriate ordinances, are hereby mandated to
consolidate, or coordinate their efforts, services, and resources for (ii) They are reasonably needed and will be used
purposes of jointly addressing common solid waste management actually, directly and exclusively for the above
problems and/or establishing common waste disposal facilities. mentioned activities;

The Department, the Commission and local solid waste management (iii) The approval of the Board of Investment (BOI) of the
boards shall provide technical and marketing assistance to the LGUs. DTI for the importation of such machinery, equipment,
vehicle and spare parts.
CHAPTER IV
INCENTIVES Provided, further, That the sale, transfer or disposition of such
machinery, equipment, vehicle and spare parts, without prior
Section 45. Incentives. - approval of the (BOI), within five (5) years from the date of
acquisition shall be prohibited, otherwise, the LGU concerned,
enterprise or private entities and the vendee, transferee, or
(a) Rewards, monetary or otherwise, shall be provided to
assignee shall be solidarily liable to pay twice the amount of
individuals, private organizations and entitles, including non-
tax and duty exemption given it.
government organizations, that have undertaken outstanding
 (b) Tax Credit on Domestic Equipment - Within ten (10) years entitled to receive grants for the purpose of developing their technical
from the effectivity of this Act, a tax credit equivalent to 50% of capacities toward actively participating in the program for effectively
the value of the national internal revenue taxes and customs and sustainable solid waste management.
duties that would have been waived on the machinery,
equipment, vehicle and spare parts, had these items been (5) Incentives to Host LGUs. - Local government units who host
imported shall be given to enterprises, private entities, common waste management facilities shall be entitled to incentives.
including NGOs, subject to the same conditions and
prohibition cited in the preceding paragraph. CHAPTER V
FINANCING SOLID WASTE MANAGEMENT
(c) Tax and Duty Exemption of Donations, Legacies and Gift -
All legacies, gifts and donations to LGUs, enterprises or private Section 46. Solid Waste Management Fund - There is hereby created,
entities, including NGOs, for the support and maintenance of as a special account in the National Treasury, a Solid Waste
the program for effective solid waste management shall be Management Fund to be administered by the Commission. Such fund
exempt from all internal revenue taxes and customs duties, shall be sourced from the following:
and shall be deductible in full from the gross income of the
donor for income tax purposes.
(a) Fines and penalties imposed, proceeds of permits and
licenses issued by the Department under this Act, donations,
(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing endowments, grants and contributions from domestic and
of tax incentives under this Act shall also be entitled to applicable foreign sources; and
non-fiscal incentives provided for under E.O. 226, otherwise known as
the Omnibus Investments Code.
(b) Amounts specifically appropriated for the Fund under the
annual General Appropriations Act;
The Commission shall provide incentives to businesses and industries
that are engaged in the recycling of wastes and which are registered
The Fund shall be used to finance the following:
with the Commission and have been issued ECCs in accordance with
the guidelines established by the Commission. Such incentives shall
(1) products, facilities, technologies and processes to
include simplified procedures for the importation of equipment, spare
enhance proper solid waste management;
parts, new materials, and supplies, and for the export of processed
products.
(2) awards and incentives;
(3) Financial Assistance Program. - Government financial institutions
such as the Development Bank of the Philippines (DBP), Landbank of (3) research programs;
the Philippines (LBP), Government Service Insurance System (GSIS),
and such other government institutions providing financial services (4) information, education, communication and
shall, in accordance with and to the extent allowed by the enabling monitoring activities;
provisions of their respective charters or applicable laws, accord high
priority to extend financial services to individuals, enterprises, or private (5) technical assistance; and
entities engaged in solid waste management.
(6) capability building activities.
(4) Extension of Grants to LGUs. - Provinces, cities and municipalities
whose solid waste management plans have been duly approved by LGUs are entitled to avail of the Fund on the basis of their approved
the Commission or who have been commended by the Commission solid waste management plan. Specific criteria for the availment of
for adopting innovative solid waste management programs may be the Fund shall be prepared by the Commission.
The fines collected under Sec. 49 shall be allocated to the LGU where (4) Causing or permitting the collection of non-segregated or
the fined prohibited acts are committed in order to finance the solid unsorted wastes;
waste management of said LGU. Such allocation shall be based on a
sharing scheme between the Fund and the LGU concerned. (5) Squatting in open dumps and landfills;

In no case, however, shall the Fund be used for the creation of (6) Open dumping, burying of biodegradable or non-
positions or payment of salaries and wages. biodegradable materials in flood prone areas;

Section 47. Authority to Collect Solid Waste Management Fees - The (7) Unauthorized removal of recyclable material intended for
local government unit shall impose fees in amounts sufficient to pay collection by authorized persons;
the costs of preparing, adopting, and implementing a solid waste
management plan prepared pursuant to this Act. The fees shall be (8) The mixing of source-separated recyclable material with
based on the following minimum factors: other solid waste in any vehicle, box, container or receptacle
used in solid waste collection or disposal;
(a) types of solid waste;
(9) Establishment or operation of open dumps as enjoined in
(b) amount/volume of waste; and this Act, or closure of said dumps in violation of Sec. 37;

(c) distance of the transfer station to the waste management (10) The manufacture, distribution or use of non-
facility. environmentally acceptable packaging materials;

The fees shall be used to pay the actual costs incurred by the LGU in (11) Importation of consumer products packaged in non-
collecting the local fees. In determining the amounts of the fees, an environmentally acceptable materials;
LGU shall include only those costs directly related to the adoption and
implementation of the plan and the setting and collection of the local (12) Importation of toxic wastes misrepresented as "recyclable"
fees. or "with recyclable content";

CHAPTER VI (13) Transport and dumplog in bulk of collected domestic,

PENAL PROVISIONS industrial, commercial, and institutional wastes in areas other
than centers or facilities prescribe under this Act;
Section 48. Prohibited Acts - The following acts are prohibited:
(14) Site preparation, construction, expansion or operation of
(1) Littering, throwing, dumping of waste matters in public waste management facilities without an Environmental
places, such as roads, sidewalks, canals, esteros or parks, and Compliance Certificate required pursuant to Presidential
establishment, or causing or permitting the same; Decree No. 1586 and this Act and not conforming with the
land use plan of the LGU;
(2) Undertaking activities or operating, collecting or
transporting equipment in violation of sanitation operation and (15) The construction of any establishment within two hundred
other requirements or permits set forth in established pursuant; (200) meters from open dumps or controlled dumps, or sanitary
landfill; and
(3) The open burning of solid waste;
 (16) The construction or operation of landfills or any waste (f) Any person who violates Sec. 48, pars. (14), (15) and (16)
disposal facility on any aquifer, groundwater reservoir, or shall, upon conviction, be punished with a fine not less than
watershed area and or any portions thereof. One hundred thousand pesos (P100,000.00) but not more than
One million pesos (P1,000,000.00), or imprisonment not less than
Section 49. Fines and Penalties - one (1) year but not more than six (6) years, or both.

(a) Any person who violates Sec. 48 paragraph (1) shall, upon If the offense is committed by a corporation, partnership, or other
conviction, be punished with a fine of not less than Three juridical identity duly recognized in accordance with the law, the chief
hundred pesos (P300.00) but not more than One thousand executive officer, president, general manager, managing partner or
pesos (P1,000.00) or render community service for not less than such other officer-in-charge shall be liable for the commission of the
one (1) day to not more than fifteen (15) days to an LGU offense penalized under this Act.
where such prohibited acts are committed, or both;
If the offender is an alien, he shall, after service of the sentence
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, prescribed above, be deported without further administrative
upon conviction be punished with a fine of not less than Three proceedings.
hundred pesos (P300.00) but not more than One thousand
pesos (P1,000.00) or imprisonment of not less than one (1) day The fines herein prescribed shall be increased by at lest ten (10%)
but to not more than fifteen (15) days, or both; percent every three (3) years to compensate for inflation and to
maintain the deterrent functions of such fines.
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7)
shall, upon conviction, be punished with a fine of not less than Section 50. Administrative Sanctions - Local government officials and
One thousand pesos (P1,000.00) but not more than Three officials of government agencies concerned who fail to comply with
thousand pesos (P3,000.00) or imprisonment of not less than and enforce rules and regulations promulgated relative to this Act
fifteen (15) day but to not more than six (6) months, or both; shall be charged administratively in accordance with R.A. 7160 and
other existing laws, rules and regulations
(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11)
for the first time shall, upon conviction, pay a fine of Five CHAPTER VII
hundred thousand pesos (P500,000.00) plus and amount not MISCELLANEOUS PROVISIONS
less than five percent (5%) but not more than ten percent
(10%) of his net annual income during the previous year. Section 51. Mandatory Public Hearings - Mandatory public hearings for
national framework and local government solid waste management
The additional penalty of imprisonment of a minimum period of plans shall be undertaken by the Commission and the respective
one (1) year but not to exceed three (3) years at the discretion Boards in accordance with process to be formulated in the
of the court, shall be imposed for second or subsequent implementing rules and regulations.
violations of Sec. 48, pars. (9) and (10).
Section 52. Citizens Suits - For the purposes of enforcing the provisions
(e) Any person who violates Sec. 48, pars. (12) and (13) shall, of this Act or its implementing rules and regulations, any citizen may
upon conviction, be punished with a fine not less than Ten file an appropriate civil, criminal or administrative action in the proper
thousand pesos (P10,000.00) but not more than Two hundred courts/bodies against:
thousand pesos (P200,000.00) or imprisonment of not less than
thirty (30) days but not more than three (3) years, or both; (a) Any person who violates or fails to comply with the
provisions of this Act its implementing rules and regulations; or
 (b) The Department or other implementing agencies with appropriate government agencies and private agencies, institutions
respect to orders, rules and regulations issued inconsistent with and individuals in the conduct and promotion researches,
this Act; and/or experiments, and other studies on solid waste management,
particularly those relating to:
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by this >
Act or its implementing rules and regulations; or abuses his
authority in the performance of his duty; or, in any many (a) adverse health effects of the release into the environment
improperly performs his duties under this Act or its of materials present in solid wastes, and methods to eliminate
implementing rules and regulations; Provided, however, That said effects;
no suit can be filed until after thirty-day (30) notice has been
given to the public officer and the alleged violator concerned (b) the operation and financing of solid waste disposal
and no appropriate action has been taken thereon. programs;

The Court shall exempt such action from the payment of filing fees (c) the planning, implementing and operation of resource
and statements likewise, upon prima facieshowing of the non- recovery and resource conservation systems;
enforcement or violation complained of, exempt the plaintiff from the
filing of an injunction bond for the issuance of preliminary injunction.
(d) the production of usable forms of recovered resources,
including fuel from solid waste;
In the event that the citizen should prevail, the Court shall award
reasonable attorney's fees, moral damages and litigation costs as
(e) the development and application of new and improved
appropriate.
methods of collecting and disposing of solid waste and
processing and recovering materials and energy from solid
Section 53. Suits and Strategic Legal Action Against Public waste;
Participation (SLAPP) and the Enforcement of this Act - Where a suit is
brought against a person who filed an action as provided in Sec. 52 of
(f) improvements in land disposal practices for solid waste
this Act, or against any person, institution or government agency that
(including sludge); and
implements this Act, it shall be the duty of the investigating prosecutor
or the Court, as the case may be, to immediately make a
(g) development of new uses of recovered resources and
determination not exceeding thirty (30) days whether said legal action
identification of existing or potential markets of recovered
has been filed to harass, vex, exert undue pressure or stifle such legal
resources.
recourses of the person complaining of or enforcing the provisions of
this Act. Upon determination thereof, evidence warranting the same,
the Court shall dismiss the complaint and award the attorney's fees In carrying out solid waste researches and studies, the Secretary of the
and double damages. Department or the authorized representative may make grants or
enter into contracts with government agencies, nongovernment
organizations and private persons.
This provision shall also apply and benefit public officers who are sued
for acts committed in their official capacity, there being no grave
abuse of authority, and done in the course of enforcing this Act. Section 55. Public Education and Information - The Commission shall, in
coordination with DECS, TESDA, CHED, DILG and PIA, conduct a
continuing education and information campaign on solid waste
Section 54. Research on Solid Waste Management - The Department
management, such education and information program shall:
after consultations with the cooperating agencies, shall encourage,
cooperate with, and render financial and other assistance to
 (a) Aim to develop public awareness of the ill-effects of and Section 59. Implementing Rules and Regulations (IRR) - The
the community based solutions to the solid waste problem; Department, in coordination with the Committees on Environment
and Ecology of the Senate and House of Representative, respectively,
(b) Concentrate on activities which are feasible and which will the representatives of the Leagues of Provinces, Cities, Municipalities
have the greatest impact on the solid waste problem of the and Barangay Councils, the MMDA and other concerned agencies,
country, like resource conservation and recovery, recycling, shall promulgate the implementing rules and regulations of this Act,
segregation at source, re-use, reduction, and composing of within one (1) year after its enactment: Provided, That rules and
solid waste; and regulations issued by other government agencies and instrumentalities
for the prevention and/or abatement of the solid waste management
(c) Encourage the general public, accredited NGOs and problem not inconsistent with this Act shall supplement the rules and
people's organizations to publicity endorse and patronize regulations issued by the Department, pursuant to the provisions of this
environmentally acceptable products and packaging Act.
materials.
The draft of the IRR shall be published and be the subject of public
Section 56. Environmental Education in the Formal and Nonformal consultation with affected sectors. It shall be submitted to the
Sectors - The national government, through the DECS and in Committee on Environment Ecology of the Senate and House of
coordination with concerned government agencies, NGOs and Representatives, respectively, for review before approved by the
private institutions, shall strengthen the integration of environmental Secretary.
concerns in school curricula at all levels, with particular emphasis on
the theory and practice of waste management principles like waste Section 60. Joint Congressional Oversight Committee - There is hereby
minimization, specifically resource conservation and recovery, created a Joint Congressional Oversight Committee to monitor the
segregation at source, reduction, recycling, re-use,and composing, in implementation of the Act and to oversee the functions of the
order to promote environmental awareness and action among the Commission. The Committee shall be composed of five (5) Senators
citizenry. and five (5) Representatives to be appointed by the Senate President
and Speaker of the House of Representatives, respectively. The
Section 57. Business and Industry Role - The Commission shall Oversight Committee shall be co-chaired by a Senator and a
encourage commercial and industrial establishments, through Representative designated by the Senate President and the Speaker
appropriate incentives other than tax incentives to initiate, participate of the House of Representatives, respectively.
and invest in integrated ecological solid waste management projects
to manufacture environment-friendly products, to introduce develop Section 61. Abolition of the Presidential Task Force On Waste
and adopt innovative processes that shall recycle and re-use Management and the Project Management Office on Solid Waste
materials, conserve raw materials and energy, reduce waste, and Management - The Presidential Task Force on Waste Management
prevent pollution and to undertake community activities to promote which was created by virtue of Memorandum Circular No. 39 dated
and propagate effective solid waste management practices. November 2, 1987, as amended by Memorandum Circular No. 39A
and 88 is hereby abolished.
Section 58. Appropriations - For the initial operating expenses of the
Commission and the National Ecology Center as well as the expensed Further, pursuant to Administrative Order No. 90 dated October 19,
of the local government units to carry out the mandate of this Act, the 1992, the Project Management Office on Solid Waste Management is
amount of Twenty million pesos (P20,000,000.00) is hereby likewise hereby abolished. Consequently their powers and functions
appropriated from the Organizational Adjustment Fund on the year shall be absorbed by the Commission pursuant to the provisions of this
this Act is approved. Thereafter, it shall submit to the Department of Act.
Budget and Management its proposed budget for inclusion in the
General Appropriations Act.
Section 62. Transitory Provision - Pending the establishment of the
framework under Sec. 15 hereof, plans under Sec. 16 and
promulgation of the IRR under Sec. 59 of this Act, existing laws,
regulations, programs and projects on solid waste management shall

be enforced: Provided, That for specific undertaking, the same may

be revised in the interim in accordance with the intentions of this Act.

Section 63. Report to Congress - The Commission shall report to

Congress not later than March 30 of every year following the approval
of this Act, giving a detailed account of its accomplishments and
progress on solid waste management during the year and make the
necessary recommendations in areas where there is need for
legislative action.

Section 64. Separability Clause - If any provision of this Act or the

application of such provision to any person or circumstances is
declared unconstitutional, the remainder of the Act or the application
of such provision to other persons or circumstances shall not be
affected by such declaration.

Section 65. Repealing Clause - All laws, decrees, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

Section 66. Effectivity - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved: January 26, 2001

(Sgd.)

GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Mercantile Law 2017 Bar Questions a. What is insurable interest? (2%)

I. b. Do Seth and Sean have separate insurable interests? Explain briefly

your answer. (3%)
A.
II.
Absolute Timber Co. (ATC) has been engaged in the logging business
in Isabela. To secure one of its shipments of logs to be transported by A.
Andok Shipping Co., ATC purchased a marine policy with an all-risk
provision. Because of a strong typhoon then hitting Northern Luzon,
Morgan, a lawyer, received a lot of diving and other water sports
the vessel sank and the shipment of lofs was totally lost. ATC filed its
equipment as payment of his professional fees by Dennis, his client in a
claim, but the insurer denied the claim on several grounds, namely:
child custody case. Dennis owned a diving and water sports
dealership in Anilao, Batangas. Morgan decided to name Dennis as
1. the vessel had not been seaworthy; entrustee because he did not have any experience in selling such
2. the vessels crew had lacked sufficient training; specialized sports equipment. They executed a trust receipt
3. the improper loading of the logs on only one side of the vesse had led agreement, with Morgan as entruster and Dennis as entrustee.
to the tilting of the ship to that side during the stormy voyage; and
4. the extremely bad weather had been a fortuitous event.
Before the sports equipment could be sold, a strong typhoon hit
Batangas. Anilao and other parts of Batangas experienced power
ATC now seeks your legal advice to know if its claim was sustainable. outage. Taking advantage of the total darkness, unidentified thieves
What is your advice? Explain your answer. (3%) destroyed the padlocks of the establishment of Dennis, and carted off
the equipment inside.
B.
Morgan demanded that Dennis pay the value of the stolen
The newly restored Ford Mustang muscle car was just released from equipment, but the latter refused on the ground that he also had
the car restoration shop to its owner, Seth, an avid sportsman. Given suffered from the effects of the typhoon, and insisted that the cause
his passion for sailing, he needed to go to a round-the-world voyage of the loss was fortuitous event or force majeure.
with his crew on his brand-new 180-meter yacht. Hearing about his
coming voyage, Sean, his bosom friend, asked Seth if he could borrow Is the justification of Dennis warranted? Explain your answer. (4%)
the car for his net roadshow. Sean, who had been in display the
restored car of Seth in major cities of the country. Seth agreed and
lent the Ford Mustang to Sean. Seth further expressly allowed Sean to B.
use the car even for his own purposes on special occasions during his
absence from the country. Seth and Sean then went together to
Safe Warehouse, Inc. (Safe) issued on various dates negotiable
Bayad Agad Insurance Co. (BAIC) to get separate policies for the car
warehouse receipts to Peter, Paul, and Mary covering certain goods
in their respective names.
deposited by the latter with the former. Peter, Paul, and Mary then
negotiated and endorsed the warehouse receipts to Cyrus, Magnus,
BAIC consults you as its lawyer on whether separate policies could be and Charles upon payment by the latter of valuable consideration for
issued to Seth and Sean in respect of the same car. the warehouse receipts. Cyrus, Magnus, and Charles were not aware
of, nor were they parties to any irregularity or infirmity affecting the title Are the garnishment and levy of Matteos assets lawful and proper?
or the face of the warehouse receipts. Explain your answer. (4%)

On due dates of the warehouse receipes, Cyrus, Magnus, and Charles B.

demanded that Safe surrender the goods to them. Safe refused
because its warehousemans claim must first be paid. Cyrus, Magnus,
Sid used to be the majority stockholder and President of Excellent
and Charles refused to pay, and insisted that such claim was the
Corporation (Excellent). When Meridian Co., Inc. (Meridian), a local
liability of Peter, Paul, and Mary.
conglomerate, took over control and ownership of Excellent, it
brought along its team of officers. Sid thus became a minority
a. What is a warehousemans claim? (3%) stockholder and a minority member of the Board of Directors.
Excellent, being the leading beverage manufacturer in the country,
became the monopoly when Meridians own beverage business was
b. Is Safes refusal to surrender the goods to Cyrus, Magnus, and
merged with Excellents, thereby making Excellent virtually the only
Charles legally justified? Explain your answer. (3%)
beverage manufacturer in the country.

III.
Left out and ignored by the management, Sid became a fiscalizer of
sorts, questioning during the Board meetings the direction being
A. pursued by Excellents officers.

Data Realty, Inc. (DRI) was engaged in realty development. The family Ultimately, Sid demanded the inspection of the books and other
of Matteo owned 100% of the capital stock of DRI. Matteo was also corporate records of Excellent. The management refused to comply,
the President and Chairman of the Board of Directors. Other members saying that his right as a minority stockholder has been much reduced.
of Matteos family held the major positions in DRI. Because of a nasty
takeover fight with D&E Realty Co., Inc. (D&E), another realty
State under what conditions may Sid properly assert his right to inspect
developer, for the control of a smaller realty company with vast
the books and other corporate records of Excellent. Explain your
landholdings, DRI and D&E engaged in an expensive litigation that
answer. (3%)
eventually led to a money judgment being rendered in favor of D&E.

IV.
Meantime, DRI, facing inability to pay its liabilities as they fall due but
still holding substantial assets, filed a petition for voluntary
rehabilitation. Trying to beat the consequences of rehabilitation Procopio, a Director and the CEO of Parisian Hotel Co., Inc. (Parisian),
proceedings, D&E moved in the trial court for the issuance of a writ of was charged along with other company officials with several counts
execution. The trial court also happened to be the rehabilitation court. of estafa in connection with the non-remittance of SSS premiums the
The writ of execution was issued. company had collected from its employees. During the pendency of
the cases, Parisian filed a petition for rehabilitation. The court, finding
the petition to be sufficient in form and substance, issued a
Serving the writ of execution, Merto, the court sheriff who had just
commencement order together with a stay or suspension order.
passed his Credit Transactions subject in law school, garnished
Matteos bank accounts, and levied his real properties, including his
house and lot in Makati.
Citing the commencement order, Procopio and the other officers Erica seeks your legal advice regarding her right as a stockholder
facing the criminal charges moved to suspend the proceedings in the opposed to the corporate action. Explain your answer. (4%)
estafa cases.
C.
a. What is a commencement order, and what is the effect of its
issuance? Explain your answer. (4%)
Samito is the President and a Director of Lucky Bank (Lucky), a
commercial bank holding its main office in Makati. His brother, Othello,
b. Suppose you are the trial judge, will you grant the motion to owned a big fishing business based in Malabon. Othello applied for a
suspend of Procopio, et al.? Explain your answer. (4%) loan of P50 million with Lucky. Othello followed the ordinary banking
procedures in all the stages of the processing of his application. When
required, he made the necessary arrangements to guarantee the
V.
loan. Thus, in addition to the real estate mortgage, Othello executed
a joint and solidary suretyship, issued postdated checks, and
A. submitted all other requirements prescribed by Lucky.

Under the Nell Doctrine, so called because it was first pronounced by When the loan application was about to be approved and the
the Supreme Court in the 1965 ruling in Nell v. Pacific Farms, Inc. (15 proceeds released, BG Company, a keen competitor of Othello in the
SCRA 415), the general rule is that where one corporation sells or fishing industry, wrote to the Board of Directors and the management
otherwise transfers all of its assets to another corporation, the latter is of Lucky questioning the loan on the ground of conflict of interest due
not liable for the debts and liabilities of the transferor. to Samito and Othello being brothers, citing the legal restriction
against bank exposure of directors, officers, stockholders or their
related interests. (DOSRI).
State the exceptions to the Nell Doctrine. (4%)

a. What are the three restrictions imposed by law on DOSRI

B.
transactions? (4%)

Santorini Corporation (Santorini) was in dire straits. In order to firm up its

b. Is BG Companys opposition based on conflict of interest and
financial standing, it agreed to entertain the merger and takeover
violation of the restrictions on DOSRI transactions legally and factually
offer of Proficient Corporation (Proficient), the leading company in
correct? Explain your answer. (4%)
their line of business. Erica, the major stockholder of Santorini, strongly
opposed the merger and takeover. The matter of the merger and
takeover by Proficient was included in the agenda of the next VI.
meeting of Santorinis Board of Directors. However, owing to Ericas
serious illness that required her to seek urgent medical treatment and
A.
care in Singapore, she failed to attend the meeting and was
consequently unable to cast her vote. The Board of Directors
approved the merger and takeover. At the time of the meeting, Hortencio owned a modest grocery business in Laguna. Because of
Santorini had been in the red for a number of years owing to its the economic downturn, he incurred huge financial liabilities. he
recurring business losses and reverses. remained afloat only because of the properties inherited from his
parents who had both come from landed families in laguna. His main
creditor was Puresilver Company (Puresilver), the principal supplier of
the merchandise sold in his store. To secure his credit with Puresilver, he B.
executed a real estate mortgage with a dragnet clause involving his
familys assets worth several millions of pesos.
Super Biology Corporation (Super Biology) invented and patented a
miracle medicine for the cure of AIDS. Being the sole manufacturer,
Nonetheless, Hortencio, while generally in the black, now faces a Super Biology sold the medicine at an exorbitant price. Because of the
situation where he is unable to pay his liabilities as they fall due in the sudden prevalence of AIDS cases in Metro Manila and other urban
ordinary course of business. What will you advise him to do to resolve areas, the Department of Health (DOH) asked Super Biology for a
his dire financial condition? Explain your answer. (5%) license to produce and sell the AIDS medicine to the public at a
substantially lower price. Super Biology, citing the huge costs and
expenses incurred for research and development, refused.
B.

Assuming you are asked your opinion as the legal consultant of DOH,
Wyatt, an internet entrepreneur, engaged in a sideline business of
discuss how you will resolve the matter. (4%)
creating computer programs for selected clients on a per project
basis and for servicing basic computer problems of his friends and
family members. His main job was being an IT consultant at Futurex VIII.
Co., a local computer company.
A.
Because of his ill-advised investments in the stock market and the
fraud perpetrated against him by his trusted confidante, Wyatt was
Flora, a frequent traveller, found a purse concealed between the
already drowning in debt, that is, he had far more liabilities than his
cushions of a large sofa inside the VIP lounge in NAIA while she was
entire assets.
waiting for her flight to be called. Inside the purse was a very valuable
diamond-studded necklace. She decided not to turn over the purse
What legal recourse remained available to Wyatt? Explain your to the airport management, and instead to keep it. On her return from
answer. (5%) her travels, she had a dependable jeweller appraise the necklace,
and the latter told her that the necklace was easily worth at least P5
million in the open market. To test the appraisal, she pawned the
VII.
necklace for P2 million. She then deposited the entire amount in her
checking account with Metro Bank. Promptly, Metro Bank reported
A. the transaction to the Anti-Money Laundering Council (AMLC).

Virtucio was a composer of Ilocano songs who has been quite Given that her appropriation was theft, may Flora be successfully
popular in the Ilocos Region. Pascuala is a professor of music in a local prosecuted for money laundering? Explain briefly your answer. (4%)
university with special focus on indigenous music. When she heard the
musical works of Virtucio, she purchased a CD of his works. She copied
B.
thte CD and sent the second copy to her Music class with instructions
for the class to listen to the CD and analyze the works of Virtucio.
Prosperous Bank is a domestic bank with head office in Makati. It
handles the banking requirements of thousands of clients.
Did Pascuala thereby infringe Virtucios copyright? Explain your
answer. (4%)
The AMLC initiated a discreet investigation of the financial travelled locally and internationally. Because of her frequent travels,
transactions of Lorenzo, a suspected drug trafficker based in Naga Yaasmin misplaced the check. It was only 11 years later on, in 2017,
City. The intelligence group of the AMLC, in coordination with the when she found the check inside a diary kept in her vault in her
counterpart group from the PDEA and the NBI, gathered ample Hollywood, California house.
evidence establishing Lorenzos unlawful drug activities. The AMLC
had probable cause that his deposits and investments in various
Discuss and explain the rights of Yaasmin on the check. (4%)
banks, including Prosperous Bank, were related to money laundering.

X.
Accordingly, the AMLC now transmits to Prosperous Bank a formal
demand to allow its agent to examine the banking transactions of
Lorenzo, but Prosperous Bank refuses the demand. Wisconsin Transportation Co., Inc. (WTC) owned and operated an
inter-island deluxe bus service plying the Manila-Batangas-Mindoro
route. Three friends, namely: Aurelio, Jerome, and Florencio rode on
Is Prosperous Banks refusal justified? Explain your answer. (4%)
the same WTC bus from Manila bound for Mindoro. Aurelio purchased
a ticket for himself. Jerome, being a boyhood friend of the bus driver,
IX. was allowed a free ride by agreeing to sit during the trip on a stool
placed in the aisle. Florencio, already penniless after spending all of
his money on beer the night before, just stole a ride in the bus by
A.
hiding in the on-board toilet of the bus.

Alfred issued a check for P1,000 to Benjamin, his friend, as payment for
During the trip, the bus collided with another bus coming from the
an electronic gadget. The check was drawn against Alfreds account
opposite direction. The three friends all suffered serious physical
with Good Bank. Benjamin then indorsed the check specially in favor
injuries.
of Cesar. However, Cesar misplaced the check. Dexter, a dormmate
of Cesar, found the check, altered its amount to P91,000 and forged
Cesars indorsement by way of a blank indorsement in favor of Felix, a What are WTCs liabilities, if any, in favor of Aurelio, Jerome, and
known jeweler. Felix then caused the deposit of the check in his Florencio? Explain your answer. (4%)
account with Solar Bank. As collecting bank, Solar Bank stamped all
previous indorsements guaranteed on the check. Seeing such stamp
XI.
of the collecting bank, Good Bank paid the amount of P91,000 on the
check.
TRUE or FALSE Explain briefly your answer.
May Good Bank claim reimbursement from Alfred? Explain your
answer. (4%) a. A conviction under the Trust Receipts Law shall bar a prosecution
for estafa under the Revised Penal Code. (2%)
B.
b. The term capital in relation to public utilities under Sec. 11, Art. XII of
the 1987 Constitution refers to the total outstanding capital stock
In 2006, Donald, an American temporarily residing in Cebu City, issued
comprising both common and non-voting preferred shares. (2%)
to Rhodora a check for $50,000 drawn against Wells Fargo Bank with
offices in San Francisco, California. Rhodora negotiated the check
and delivered it to Yaasmin, a Filipina socialite who frequently
c. Forgery is a real defense but may only be raised against a holder
not in due course. (2%)

d. News reports are not copyrightable. (2%)

e. The law on life insurance prohibits double insurance. (2%)

XII.

Onassis Shipping, Inc. (Onassis) operated passenger vessels and cargo

trucks, and offered its services to the general public. In line with its
vision and mission to protect the environment, Go-Green Asia (Go-
Green), an NGO affiliated with Greenpeace, entered into a contract
with Onassis whereby Go-Green would operate with its own crew the
M/V Dolphin, an ocean-going passenger vessel of Onassis.

While on its way to Palawan carrying Go-Greens invited guests who

were international and local observers desirous of checking certain
environmental concerns in the area, the M/V Dolphin encountered
high waves and strong winds caused by a typhoon in the West
Philippine Sea. The rough seas led to serious physical injuries to some of
the guests.

Discuss the liabilities of Onassis and Go-Green to the passengers of the

M/V Dolphin. Explain briefly your answer. (3%)

***END OF EXAMINATION***