Amending R.A. No. 9003 (Ecological Solid Waste Management Act of 2000)

• Senate Offee of lie Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES • AUG 11 P12 :59 First Regular Session SENATE S. No. 1167 Introduced by Senator Raffy T. Tulfo AN ACT INSTITUTIONALIZING LOCAL CLEAN-UP TEAMS AND INCREASING THE FINES AND PENALTIES IMPOSED UNDER THE "ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000," AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9003, OTHERWISE KNOWN AS THE "ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000" EXPLANATORY NOTE Clean waterways are essential to a healthy environment and the well-being of every Filipino. Rivers, creeks, canals, and other bodies of water not only support biodiversity and provide natural resources, but also play a critical role in flood control and sanitation. However, the persistent problem of solid waste pollution driven by public apathy and inadequate discipline continues to choke these vital waterways across the country. In light of these pressing concerns, it is imperative that there must be a stronger culture of environmental discipline and accountability. Republic Act No. 9003, otherwise known as the Ecological Solid Waste Management Act of 2000, was enacted to adopt a systematic ecological approach to solid waste management in the Philippines. Despite its laudable objectives, enforcement challenges and inadequate deterrents continue to hamper its effectiveness, resulting in widespread indiscriminate dumping. A significant contributor to this problem is the insufficiency of the penalties currently prescribed under RA 9003. This proposed amendment seeks to introduce higher penalties for littering and improper waste disposal in order to reinforce compliance and deter violators. Comparative models such as Singapore's stringent anti-littering laws, which impose

fines ranging from SGD 300 to SGD 10,000, have proven highly effective in maintaining cleanliness and public order. By adopting a similar approach, the Philippines can shift toward a culture of environmental responsibility where the fear of heavier sanctions will encourage behavioral change. In revising the fines, this bill also considered the impact of inflation on the real value of penalties. To ensure that sanctions remain meaningful and up to date, the proposed measure mandates an automatic adjustment of fines every three (3) years based on the Consumer Price Index (CPI) as published by the Philippine Statistics Authority (PSA). This provision prevents penalties from becoming obsolete over time and preserve their deterrent effect without requiring frequent legislative intervention. In addition, this bill proposes the establishment of dedicated cleanup teams, particularly focused on the maintenance and rehabilitation of said waterways. This measure is not only punitive in nature but also restorative upholding the right of every Filipino to a sustainable environment, in accordance with Article II, Section 16 of the 1987 Philippine Constitution. In view of the foregoing, the immediate enactment of this proposed legislation is earnestly sought. RAFFY T. TULFO

Senate Difter of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG 11 P12:59 RECEIVED BY: SENATE S. No. 1167 Introduced by Senator Raffy T. Tulfo AN ACT INSTITUTIONALIZING LOCAL CLEAN-UP TEAMS AND INCREASING THE FINES AND PENALTIES IMPOSED UNDER THE "ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000," AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9003, OTHERWISE KNOWN AS THE "ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. A new Section 11- A is hereby inserted after Section 11 of Republic

2 Act No. 9003, otherwise known as the Ecological Solid Waste Management Act of 3 2000, to read as follows: "SEC. 11-A. CREATION OF LOCAL CLEAN-UP TEAMS. - EACH CITY AND MUNICIPALITY SHALL ESTABLISH A CLEAN-UP TEAM, COMPOSED OF PERSONNEL FROM THE LOCAL GOVERNMENT UNIT, BARANGAY OFFICIALS, AND ACCREDITED COMMUNITY VOLUNTEERS, TASKED TO IMMEDIATELY RESPOND TO INCIDENTS OF ILLEGAL DUMPING, LITTERING, OR OTHER VIOLATIONS OF THIS ACT. THE CLEAN-UP TEAM SHALL CONDUCT WASTE REMOVAL, SITE RESTORATION, AND IMPLEMENT PREVENTIVE MEASURES, IN COORDINATION WITH THE SOLID WASTE MANAGEMENT BOARD. PERSONS PENALIZED UNDER THIS ACT WITH COMMUNITY SERVICE, PARTICULARLY UNDER SECTION 49 (A), MAY BE ASSIGNED

AS PART OF THE LOCAL CLEAN-UP TEAMS FOR THE DURATION OF THEIR SERVICE, UNDER THE SUPERVISION OF THE LOCAL GOVERNMENT UNIT."

Sec 2. Section 49 of Republic Act No. 9003, otherwise known as the

5 "Ecological Solid Waste Management Act of 2000," is hereby amended to read as follows: "Section 49. Fines and Penalties. - (a) Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) ONE HUNDRED TWENTY THOUSAND PESOS (P120,000.00) but not mere than One thousand pesos (P1,000.00) FOUR HUNDRED THOUSAND PESOS (P400,000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both; (b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be punished with a fine of not less than Three hundred peses (P300.00) ONE HUNDRED TWENTY THOUSAND PESOS (P120,000.00) but not more than One thousand pesos (P1,000.00) FOUR HUNDRED THOUSAND PESOS (P400,000.00) or imprisonment of not less than one (1) day to not more than fifteen (15) days, or both; (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 One thousand pesos (P1,000.00) ONE HUNDRED TWENTY THOUSAND PESOS (P120,000.00) but not more than Three theusand pesos (P3,000.00) THREE HUNDRED SIXTY THOUSAND PESOS (P360,000.00) or imprisonment of not less than fifteen (15) days but not more than six (6) months, or both; PROVIDED, FURTHER, THAT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) SHALL AUTOMATICALLY ADJUST THE FINES HEREIN IMPOSED UNDER PARAGRAPHS (A), (B), AND (C) EVERY THREE (3) YEARS IN ACCORDANCE WITH THE CONSUMER PRICE INDEX (CPI) AS PUBLISHED BY THE PHILIPPINE STATISTICS AUTHORITY (PSA), ROUNDED TO THE NEAREST PESO."

Sec 3. 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 4 circumstances shall not be affected by such declaration.

Sec 4. Repealing Clause. - All laws, decrees, issuances, rules and regulations,

6 or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15) days after its

9 publication in at least two (2) newspapers of general circulation. Approved,