An Ordinance Regulating the Use of Plastic Sando Bags

as Secondary Packaging Materials

in Malls in the City of Davao

Members:
Alapan, Jenny Marie
Cobol, Ella Marie
Fernandez, Eunice
Jamora, Jethro Anthony
Melchor, Risan Jonahthea
Penamante, Phedora Mariella
Samama, Edrafel
Torculas, Allanjoe
Virgilio, Mark

Submitted to:
Atty. Kristina Tan-Valdez
 I. INTRODUCTION

In General
Humans have the need to change but it is often forgotten that we also
have the ability to change. The earth is suffering an injustice from a culture
of humans with throwaway mindset. The earth, and particularly the ocean
has become our dumpster. Each year, an estimated 18 billion pounds of
plastic waste enters the world’s ocean from coastal regions. That’s about
equivalent to five grocery bags of plastic trash piled up on every foot of
coastline on the planet.1 All that plastic is causing harm to the creatures that
live in the ocean, from coral reefs smothered in bags, to turtles gagging on
straws, to whales and seabirds that starve because their bellies are so
jammed with bits of plastic that there’s no room for real food.

Plastic is versatile, lightweight, flexible, moisture resistant, strong, and

relatively inexpensive.2 Those are the attractive qualities that lead us,
around the world, to such a voracious appetite and over-consumption of
plastic goods. However, durable and very slow to degrade, plastic materials
that are used in the production of so many products all, ultimately, become
waste with staying power. Our tremendous attraction to plastic, coupled with
an undeniable behavioral propensity of increasingly over-consuming,
discarding, littering and thus polluting, has become a combination of lethal
nature. New research have emerged apace about the possible long-term
impacts of tiny pieces of plastic on the marine food chain, raising fresh
questions about how it might ultimately impact human health and food
security. About 40 percent of all plastic produced is used in food related
purposes, and much of that is used only once and then discarded. Cleanup
is a near impossible feat since it is estimated that only 5 percent of the
oceans plastic pollution is visible or accessible and the remaining 95 percent
is below the surface.3 Cleanup is not a viable option , instead we must cut
off the pollution from its source. According to a study published in Science,
between 55-60 percent of global plastic pollution is sourced by five
developing countries: China, Indonesia, Philippines, Thailand and Vietnam.
Eighty percent of the plastic waste that finds its way to the ocean is ‘low

1
Eriksen, Lebreton, Carson, Thiel Moore, Borerro, Galgani, Ryan, and Reisser “Plastic Pollution in the
World’s Oceans: More than 5 trillion Plastic Pieces Weighing over 250,000 Tons Afloat at Sea.”
2
Le Guern “When the Mermaids Cry: The Great Plastic Tide”: January, 2017
3
John Tibbetts “Managing Marine Plastic Pollution: Policy Initiatives to Address Wayward Waste” EHP
Environmental Health Perspectives, Apri; 2015.
residual value’, or in other terms 80 percent of plastic waste is single use
plastic.4

Non-biodegradable plastic bag are polymers that do not break down

to a natural, environmentally safe condition over time by biological
processes. These plastic bags if not disposed properly can cause pollution,
block drains, harm animals and the marine environment as they do not
biodegrade or can not be broken down by microorganisms.
Biodegradable plastic bag are plastics that can be decomposed by
the action of living organisms which require two key elements in order to
decompose— oxygen and light. These bags are made from plant-based
materials like corn and wheat starch rather than widely-used petroleum.
These bags requires certain conditions for the bag to begin to biodegrade.
Firstly, the temparature need to reach 50-degree celcius, and bag needs to
be exposed to ulraviolet light.

Non-biodegradable plastic bag are polymers that do not break down

to a natural, environmentally safe condition over time by biological
processes. These plastic bags if not disposed properly can cause pollution,
block drains, harm animals and the marine environment as they do not
biodegrade or can not be broken down by microorganisms.

Biodegradable plastic bag are plastics that can be decomposed by

the action of living organisms which require two key elements in order to
decompose— oxygen and light. These bags are made from plant-based
materials like corn and wheat starch rather than widely-used petroleum.
These bags requires certain conditions for the bag to begin to biodegrade.
Firstly, the temparature need to reach 50-degree celcius, and bag needs to
be exposed to ulraviolet light. However, UN's top environmentalist warns
that biodegradable plastics are a false solution to the ubiquitous problem of
litter in the oceans. will only break down in temperatures of 50 degrees
celsius and that is not the ocean. They are non buoyant, and are going to
sink into the ocean.

Global Perspective
Collins Dictionary named “single-use” their word of the year in 2018,
citing a four-fold increase in usage since 2013. The term means “made to
be used once only” and refers to “items whose unchecked proliferation are

4
Ocean Conservancy, “Stemming the Tide: Land-Based strategies for a plastic-free ocean” Mikinsey and
Company and Ocean Conservancy September 2015.
blamed for damaging the environment and affecting the food chain”. Plastic
pollution has become a global problem threatening our environment, health
and economies. It being a global issue, measures to reduce plastic
consumption enjoy a high level of public support, with national and local
solutions, various parts of the world have made efforts in regulating and
reducing plastic pollution.
Great Britain’s Royal Statistical Society announced its statistics of the
year. It’s 90.5%, the estimated amount of plastic waste ever made that has
never been recycled. This fact comes from a study published in Science
Advances, “Production, Use and Fate of all plastics ever made”, by
Scientists Roland Geyer, Jenna Jambeck and Kara Lavender Law.
November known as the month of not shaving facial hair, is now a
new conservation campaign, the month of not using straws. Branded as “No
Straw November”, the campaign is a push to eliminate single-use plastic.
The effort is led by the Aquarium Conservation Partnership (ACP),
comprising 22 aquariums in 17 different states. They’re pushing 500
businesses to commit to only serving plastic straws upon request. The ACP,
partnering with the U.N and European Commission, announced plans to
create global coalition of 200 aquariums that will campaign against plastic.
Two hundred and fifty organizations responsible for 20 percent of the
plastic packaging produced around the world have committed to reducing
waste and pollution. The initiative is called the New Plastics Economy Global
Commitment, and it includes a diverse group of members including the
clothing company H&M, Unilever, Pepsi, L’Oreal, Nestle, and Coca-Cola.
This Global commitment touts a number of high-profile partnerships. It’s a
collaboration with the United Nations and other partners include the World
Wide Fund for Nature, the World Economic Forum, the Consumer Goods
Forum, and 40 academic institutions and are working to promote a circular
economy for plastic, a concept that entails reusing or repurposing plastic
instead of letting it sit in a landfill.
Some 13, 000 schools, workplaces, and venues will be plastic bag
and stirrer free by 2019, due to a new sustainability push by foodservice
company Sodexo. In addition to bags and stirrers, Sodexo plans to phase
out polystyrene foam (styrofoams) containers by 20215. Plastic straws,
controversial item, will now only be available by request. The decision is
being applauded environmental groups like Greenpeace and the World
Wildlife Fund, who say that reducing consumption is a key step toward
preventing plastic from entering landfills and marine environments. 5

Political Perspective
LEGISLATION AND INTERNATIONAL CONCERTED PROGRAMS
In 1972, the London Convention, a United Nations agreement to
control ocean dumping, was entered into. It was followed by the most well
known piece of International legislation, the International Convention for the
Prevention of Pollution from ships (MARPOL). Annex V of MARPOL was
introduced in 1988 with the intention of banning the dumping of most
garbage and all plastic materials from ships at sea. A total of 122 countries
have ratified the treaty. There is some evidence that the implementation of
MARPOL has helped to reduce the marine debris problem.
In 1972 and 1974, conventions were held in Oslo and Paris,
respectively, which resulted in the passing of the OSPAR Convention, an
international treaty controlling marine pollution in the north-east Atlantic
Ocean around Europe. A similar Barcelona Convention exists to protect the
Mediterranean Sea. The Water Framework Directive of 2000 is a European
Union directive committing EU member states to make their inland and
coastal waters free from human influence. In the United Kingdom, the
proposed Marine Bill is designed to “ensure clean healthy, safe, productive
and biologically diverse oceans and seas, by putting in place better systems
for delivering sustainable development of marine and coastal environment”.
Under the umbrella of UNEP, numerous cooperative efforts have
been held to reach protocols and conventions. For instance, a Protocol on
Integrated Coastal Zone Management was approved in January 2008,
involving 21 countries bordering the Mediterranean Sea, as well as the
European Union. Within the framework of Land Based Sources Protocol for
pollution reduction from land-based sources, Mediterranean countries and
parties to the Barcelona Convention have agreed this year on an initial set
of actions covering the reduction of municipal pollution and the elimination
of a number of Persistent Organic Pollutants.6
The pollution of the environment is a recognized human rights and
public health issue. In the Universal Declaration of Human Rights, Article 25
states that we have the right to a standard of living that supports our health
and well-being. The United Nations likewise recognizes many specific

5
Howard, Gibbens, Zachos, Parker. “National Geographic Society”: January, 2019.
6
Le Guern “When the Mermaids Cry: The Great Plastic Tide”: January, 2017
environmental rights such as the right to a safe, clean, healthy, and
sustainable environment. The growing recognition that plastic pollution is an
issue of global concern, and that the existing global legal framework is unfit
to tackle it, has opened a window of opportunity at the international level.
Several options are being explored with dedicated work streams underway.
At the third session of the United Nations Environmental Assembly in
December 2017, countries joined together to pass a resolution on marine
litter and microplastics. 7
And recently, President Trump called out other nations, including
China and Japan for “making our oceans into their landfills”, when he signed
legislation to improve efforts to clean up plastic trash from the world’s
oceans. The law, passed with bipartisan support, amend the National
Oceanic and Atmospheric Administration’s Marine Debris Act and funds the
program through 2022. The law fosters efforts to clean up plastic trash from
the world’s oceans and encourages federal trade negotiators to prod
“leaders of nations responsible for the majority of marine debris” to improve
management of waste that ends up in the oceans. 8

Local Perspective
Global Alliance for Incinerator Alternatives (GAIA) released a new
study where it was found that Filipinos use more than 163 million plastic
sachet packets, 48 million sando bags, and 45 million labo bags daily. The
group alleged that single-use disposable plastic is the greatest hindrance to
sound waste and resource management and calls on governments and
manufacturers to regulate, and stop producing, single-use plastics produced
by NGO GAIA, is part of an effort to collect data on plastic consumption as
environmentalists push for government action to reduce plastic waste. 9 It
contains eye-popping figures; everyday, almost 48 million shopping bags
are use throughout the Philippines, adding up to more than 17 billion a year.
And that figure does not include the smaller, thinner, and often transparent
plastic bags known as “lab” bags- around 16.5 billion which are used per
year across the country. 10

7
United Nations, Resumed Review Conference on the Agreement Relating to the Conservation and
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks: 2010.
8
Howard, Gibbens, Zachos, Parker. “National Geographic Society”: January, 2019.
9
Cabico, “Filipinos throw away almost 164-M sachets daily.” Philippine Star: March 2019.
10
France-Presse,” PH survey shows’ shocking plastic waste.” Manila Bulletin: March 2019.
 In 2008, SM Supermalls admitted in using about 300,000 large-size
plastic sando bags for grocery and about 200,000 large-sized plastic sando
bags for the department store. These are all biodegradable plastic bags
which were 12% more expensive than an ordinary plastic bag.11
In 2015 report conducted by Ocean Conservancy and McKinsey
Center for Business and Environment, it was surveyed that the Philippines
is one of the five countries that produce half of the world’s plastic waste
which almost 7,000 tons of plastic every day that mostly ends up polluting
bodies of water. The dependence of Filipinos for plastic products as an
integral part of its daily activity is the primary reason why the plastic
consumption and waste continues to balloon.12 Another, data from the 2015
study entitled” Plastic waste inputs from land into the ocean”, shows that
Philippines’ wastes composed 6,237,653 kg (6875.84 tons) of plastic per
day, of which 81% is mismanaged.13
In response to the growing problem, many local governments have
passed ordinances to regulate use of plastic that covers items such as
shopping bags and secondary packaging materials. Aside from that, several
lawmakers also filed bills in an attempt to mandate a nationwide prohibition
of non-biodegradable straws and stirrers, ban of single-use plastic, and
regulate the production, import, sale, use and disposal of plastics bags.14 In
the recent legislation in the country, House Bill No. 8692, or the “Ban on
Single- use Plastic Products” was recently filed at the House of
Representatives at the start of January 2019. It calls for a total ban on single-
use plastics, as well as phase-out plan for plastics already use. The bill still
has to go through with the approval by the Congress. 15 In line with that,
Senator Legarda further filed Senate Bill 2759 or the Total Plastic Bag Ban
Act of 2011, which aims for the total ban of the usage of non- biodegradable
plastic bags in the entire country. Like the other bill, it is till pending in the
Congress.
As the 2019 Philippine elections is fast approaching, the Social
Weather Stations (SWS) conducted a survey where seven (7) out of ten (10)
11
“SM Supermalls use ore expensive plastic bags.” GMA News. May 2008.
12
Philippine Information Agency, PIA bans single-use plastic. Philippines: 2018.
13
Tantiangco, “PHL 1 of 5 countries that produce half of world’s plastic waste.” GMA News Online: June
2018.

14
Vila,” Philippines plastic pollution: why so much waste ends up in oceans.” South China Morning Post.
October 2018.
15
Zulueta,” Look: Single-use plastics might soon be banned in the Philippines.” When In Manila. January
2019.
Filipino voters support candidates who are in favor of banning the single-use
plastic across the country. The survey also found that Eight (8) out of ten
(10) Filipinos support prohibiting groceries, public market, fast-food chains
and other similar establishments from using or providing non-biodegradable
plastic bags. This SWS findings proved that plastic pollution become an
important issue for Filipinos. 16

In Metro Manila
There are certain cities in Metro Manila who have initiated, though not
a total banned but minimal use of plastic bags like in Pasay city, where the
city government passed Ordinance No. 4647 series of 2011. Under the said
ordinance, all stores in the city shall provide or make use only recyclable
paper carry-out bags, reusable bags, and compostable plastic bags for
carrying out goods. The mayor encouraged all the store owners and
operators to faithfully comply with the said ordinance. However, the decree
does not prohibit or prevent the customers from using bags of any type in
carrying their goods. 17
In Makati City, where EO No. 007, Series of 2012, which amended
the earlier EO, was enacted to specifically distinguish the primary and
secondary packaging materials and exempts certain products such as
plastic bottled and sachet products, and other similar products. Also, this EO
further prohibits all supermarkets, public markets, shopping malls or
department stores, restaurants, fast food chains, convenience stores,
canteens eateries and similar establishment in selling, using or distributing
plastic bags for use as primary or secondary packaging on dry goods or as
secondary packaging for wet food. 18
Aside from the two (2) cities, Quezon city Mayor Joy Belmonte is
battling for the gradual implementation of the ban on single-use plastics. She
said that it will affect the industries in the long run and thus, it cannot be
implemented right away, she still needs a grace period for such. Despite of
that, there were still ordinances that was crafted by the previous
administration like Ordinance No. SP-2127, which banned the use of plastics
and Styrofoam packaging within city hall premises; Ordinance No. SP-2140
16
Flores, “70% of voters support candidates against single use plastic.” Philippine Star. January 2019.
17
“Bans of Plastic Bags in Pasay City: an Assessment.” Topis,Sample papers & Articles Online for Free,
October 2016.
18
City Government of Makati City, “New EO signed by Binay strengthens Makati Advocacy for
environment-friendly packaging.” Philippines: 2012.
ad SP-2103, mandated the reduction of the use of plastic bags and
collection of environmental fees for each plastic bag used within the city. 19

In General Santos City

In 2017, the city government was pushing for the full implementation
of the ban on an open burning and the regulation of the use of plastic bags
and expanded polystyrene food services containers The local government
had activated a technical working group (TWG) that will spearhead city-wide
awareness campaigns on the targeted rollout of the regulatory measures
which started in 2018. Also the city government formally launch the
Ordinance No. 03 or the “Ordinance Regulating the Use of Plastic Bags and
Expanded Polystyrene Food Service Containers in the City of General
Santos.”
The Ordinance No. 03 was passed in 2014 which was given a one-
year moratorium before the strict implementation against the use of plastic
when buying dry goods. However, the said ordinance did not banned the
said use but merely regulated. The said ordinance provides the prohibition
of Business establishments and individuals from using, selling, and
providing plastic bags to consumers as secondary packaging materials on
wet goods; using, selling and providing plastic bags to consumers as
packaging material on dry goods; and using, selling, and providing
Styrofoam or styrophor as food service containers.
The violators of this ordinance could be fine of P5, 000.00 and
possible revocation of business permit to operate for businesses as well as
one (1) year imprisonment at the discretion of the court.
The city government provided for about 800 enforcers who will
regulate the said ordinance in barangays. The local shopping malls,
groceries, public market, and other business establishments in the city
expressed their support to the said implementation of said ordinance. 20

In Davao City at the present

The Davao City Ecological Solid Waste Management Ordinance of
2009 which was passed by 2010 and was made effective 2 years thereafter,

19
Araja, “Single-use plastic phaseout in Quezon City.” Manila Standard. July 2018.
20
“GenSan pushes ban on open burning, use of plastics.” PTV News. November 2017.
prohibits the use of non- biodegradable plastics but this does not include the
banning of the use of biodegradable plastics. The said law merely regulates
the said usage but provided that these must be properly disposed.
However, only 4 out of the city’s barangays maintain the said proper disposal
and segregation of waste including the plastics. Due to that, the Davao city
government’s spending on sanitary services rose by P17.02 million. 21
Further, right after the banning of the use of non- biodegradable
plastics, the davaoenos thought that by using biodegradable plastics, they
will be acquitted to all the sin that they have brought upon to the environment
but this is not true. According to the report launched by the United Nations
report on the 20th anniversary of the Global Programme of Action for the
Protection of the Marine Environment from land-based Activities (GPA), an
intergovernmental mechanism hosted by United Nations Environment
Programme (UNEP), concluded that “ wide spread adoption of products
labelled as ‘biodegradble’ will not significantly decrease the volume of plastic
entering the ocean or the physical and chemical risks that plastics pose to
marine environment.”22
As of now there are still no concrete ordinance of banning of the used
of biogradable plastic bags especially in the malls. Though the right now the
Davao Council is currently in the process of two ordinances and one of such
is the prohibition of the use of the single-use plastics. The enactment of an
ordinance for banning the single-use plastic has not been immediately
implemented in consideration for the businessmen and workers who may be
unemployed if such will be pursued directly. The city government has been
proposing on the total phase out of the single-use plastics to protect the
environment. 23
In the meantime, they are still conducting studies that will back up on
the said ordinance but there are now movements that are being done in the
city. One of this is the banning of the use of single-use plastics like
disposable cups, spoons and other plastics during government meetings
and other activities.24 Another is the implementation on ban of single-use
plastics in school campuses. Among the schools who implemented this
policy are Ateneo de Davao University and San Pedro College. This policy

21
“Davao City spent P151M due to lack of waste segregation.” Rappler. June 2017.
22
“It’s the plastic, not its state.” Sunstar. November 2015.
23
“Editorial: Local policies for the environment.” SunStar. January 2019.
24
“Davao City bans single-use plastics in government meetings, events.” BusinessWorld. August 2018.
was legislated as a response to the challenge put forth by Pope Francis of
taking better care of our common home.

Current Condition on the use of Plastic bags as a Secondary

Packaging
Currently, there are about 60 countries around the world who have
instituted plastic bag control mechanism. There are some countries like
Bangladesh, Kenya, Rwanda and others who are banning the use of plastic
bags However, there are still people who are violators of the said law and
continuously smuggling large amount s of plastic bags for domestic use. The
illicit trade is blamed on an overwhelming local demand with many residents
consider plastic bags as cheaper, convenient and hygienic. 25
In Bogor, Indonesia, the banned on the use of plastic bags at malls
and supermarkets has recently been implemented. The ban is the result of
a mayoral regulation passed by Bima earlier in the year 2018. Slowly,
Indonesia is now considering banning the use of plastic bags, being one of
the world’s largest producer of plastic marine waste, only behind China. 26
The movement of fight of plastic pollution is now being followed by
some ASEAN countries. Brunei Darussalam wants to stop the use of plastic
bags in supermarkets by 2019, and shoppers are encouraged to use
reusable eco-friendly bags for grocery shopping. In Thailand, on the other
hand, aims to promote the importance if reducing of plastic bags to lessen
the harmful effects to our environment. Chain of convenience stores which
were about 11,000 have implemented the campaign “Say No to Plastic
Bags.” Other ASEAN member states such as Indonesia, Malaysia,
Myanmar, Cambodia, and Laos also ban the and/ or impose taxes on the
use of plastic bags.27
In the Philippines, there is now a widely spreading trend which aim for
Plastic- Free in the entire country. Cities such as Baguio, Negros Oriental,
La Union, Bacolod, and others started to implement ordinances which
tackles in banning the use of plastic sando bags as packaging. 28 This does
not entirely banned the use of biodegradable plastic bags. However, in

25
Kiprop.”Which Countries have Banned Plastic Bags.” World Facts. August 2018.
26
”Bogor has officialy banned plastic bags at malls and supermarkets, traditional market next.” Coconut
Jakarta. December 2018.
27
Lugtu. “ Paper vs Plastic.” The Manila Times. October 2018.
28
Navarrosa.“Aiming for Plastic free PH.” Manilastandards. February 2019.
Cagayan De Oro, there is now an ordinance that entirely banned the use of
plastic bags or sando bags in all commercial establishments including malls,
sari-sari stores and public market except for plastic roll bags for wet goods
like meat and poultry products, fish and seafood, fresh fruits and processed
food. The residents in the said city will have to bring their own bags in buying
grocery items. 29
Furthermore, there are 2 house bill that is filed by Sultan Kudarat Rep.
Horacio Jr. and Manila Rep. John Marvin Nieto, who seeks in imposing tax
on the use of plastic bags. House Bill 8523 which was authored by Horacio
proposes to impose exercise tax on plastic bags used in supermarkets,
malls, shops, stores, sales, outlets, and other similar establishment. On the
other hand, House Bill 8558, which was authored by Nieto seeks to have
establishments impose P 10.00 exercise tax on plastic bags on customers
at the point of sale.30

II. STATEMENT OF THE PROBLEM

This unprecedented plastic waste tide are visible, but more alarmingly
beyond visual. If the production of plastic is costly, the same is true of its
disposal. Although designed for consumer convenience, single-use, on the-
go plastics come with too high an environmental price tag. The issue of
single-use plastic waste adversely affects the environment, being non-
biodegradable and biodegradable materials they clog canals, creeks, rivers
and other waterways which cause harm to marine life and the surrounding
community. The issue of plastic waste has been obvious and problematic
for some time and demands action. Thus, violating our constitutional right to
a balanced and healthful ecology. The proposed ordinance, aims to prohibit
and set the minimum standards in malls in Davao City with respect to use of
biodegradable and non-biodegradable sando plastic bags as secondary
packaging materials. To ensure compliance with said ordinance, also
provides for penal sanctions.

29
“No more plastic bags in Cagayan De Oro stores by Janaury 1 2019.” CDODEV. September 2018.
30
Bajenting.”Pay for plastic bags.” Yahoo. December 2018.
III. DEFINITION OF TERMS

i. Biodegradable plastic bag— plastics that can be decomposed

by the action of living organisms which require two key elements
in order to decompose— oxygen and light.

ii. Malls— a large building or series of connected buildings

containing a variety of retail stores and typically also restaurants.

iii. Non-biodegradable plastic bag— polymers that do not break

down to a natural, environmentally safe condition over time by
biological processes.

iv. Plastic bag– Type of container made of thin, flexible, plastic film
used for conatining and transporting goods and is a common
form of secondary packaging. .

v. Recyclable plastic material— Any plastic food packaging

material that can be sorted, cleaned, and reconstituted for any
other purpose than that originally constituted for.

vi. Reusable plastic material— Any plastic material that can be

used again for the same purpose

vii. Single use— Throwing away of a plastic food items after using it
once.

viii. Secondary packaging materials— refer to those types of

packaging materials for wet goods to provide support to any
primary packaging and intended for convenience of the handler,
as well.

ix. Throwaway culture — the current social and economic

structure of society in which unwanted things and people are
rejected as waste.
 x. Waste Management Hierarchy— a concept regarding waste
managament and its acts as a base for developing the various
waste management strategies.

IV. SCOPE AND DELIMITATION

This study aims to develop a local ordinance that will prohibit the use
of plastic sando bags as secondary packaging. The study seeks to
implement such ordinance specifically in the malls of Davao City. The use
of such plastic sando bags results to fish and wildlife becoming intoxicated,
consequently the toxins from these plastics have entered the food chain,
threatening human health. Lastly, this study will be supplemented by
ordinances and regulations already enacted in the Philippines.

V. CURRENT LAWS, RULES AND REGULATIONS

As of today, no legislation relating the regulation of the usage of
single-use plastics that covers a nationwide application is yet effective. Our
legislators, however, have authored some laws regarding the matter which
are still pending in the Committee. Moreover, despite a lack of a nationwide
regulation, some cities and provinces in the Philippines have already
implemented regulations on single-use plastics through ordinances.

(A.) Senate Bill No. 2579- Total Plastic Bag Ban- (pending in the
Committee as of March 08, 2011)
The objective of Senate Bill 2759 is to curb pollution and help the
nation manage its ecological resources more wisely. The Total Plastic Bag
Ban Act of 2011 would create a total ban on non-biodegradable plastic bags
throughout the entire country. If passed, the bill would prevent the use of
non-biodegradable plastic bags by supermarkets, grocery stores,
restaurants, department stores, and retail establishments as well as other
similar stores.
(B.) Senate Bill No. 1948 Single-Use Plastics Regulation and
Management Act of 2018 (pending in the Committee as of August 28,
2018)
Senate Bill 1948 or the Single-Use Plastics Regulation and
Management Act of 2018, if enacted into law, will regulate the
manufacturing, importation, and use of single-use plastic products; and
provide penalties, levies, and incentives for industries, businesses, and
consumers. The Senate Climate Change Committee said the bill provides
for an ambitious yet comprehensive approach to solving the single-use
plastics problem including actions from national and local governments,
industries, business enterprises and consumers for the manufacturing,
selling, use, recycling and disposal of all single-use plastics in the country.

(C.) Municipal Ordinance No. 2008-752 Los Banos, Laguna

Los Baños started its journey on plastic reduction way back in 2008,
making it the very first municipality in the whole country to regulate the use
of plastic. The Municipal Ordinance No. 2008-752 “An Ordinance Prohibiting
The Use of Plastic Bags on Dry Goods and Regulating Its Utilization on Wet
Goods and Prohibiting The Use of Styrofoam in The Municipality of Los
Baños and Prescribing Penalties Thereof” was implemented during Mayor
Caesar Perez’s term in 2008 to minimize the municipality’s use of plastic.
In 2014, the ordinance was expanded with the implementation of
Ordinance No. 2014-1316 “The Expanded Plastic Ordinance of the
Municipality of Los Baños”. The ordinance prohibits the use of “one-time
use” plastic such as plastic bags, plastic drinking straws, plastic cups, plastic
plates, plastic spoons and forks, and styrofoam. The municipality also took
the ordinance a step further by also prohibiting the use of
plastic banderitas and tarpaulins without approval from the Barangay.

(D.) Municipal Ordinance No. 004 Series of 2013 El Nido, Palawan

Municipal Ordinance No. 004 Series of 2013, which was implemented
on September 1, 2018, seeks to regulate and limit the use of single-use
plastic bags, cellophane, and styrofoam. The Local Government Unit of
Palawan also called for the public's observance of the ordinance, saying that
"everyone's help is significant to win over this worldwide problem."

(E.) Cebu City Hall

Single-use plastics and styrofoam are banned from the Cebu City Hall
starting August 1, as the city government implements more measures for
environmental protection. The ban also covers food vendors handling single-
use plastic containers or packaging materials for dine-in or take-out meals.
People are encouraged to place take-out food in paper-based, plant-based,
or reusable plastic containers.
Single-use plastics include straws, cups, plates, spoons, and forks.
City government employees are advised to bring their own reusable utensils
instead. The ban also covers food vendors handling single-use plastic
containers or packaging materials for dine-in or take-out
meals. People are encouraged to place take-out food in paper-based, plant-
based, or reusable plastic containers.

(F.) City Ordinance No. 652 Bacolod

The ordinance, authored by Councilor Em Ang, stated that City
Ordinance No. 562 or an ordinance regulating the use, sale, and provision
of plastic bags as packaging materials in Bacolod, was approved on October
5, 2011.
Section 3 of the amended ordinance states that business
establishment dispensing single-use plastic bags including but not limited to
fast food outlets, market vendors, shopping malls, food kiosks, sari-sari
stores, hardwares, groceries, pharmacies, and the like shall only provide
biodegradable plastic if necessary or upon the customer’s request provides
that it shall be with charge at the expense of the latter.
It also added that plastic bags with no handles, holes or strings
commonly used as primary packaging for wrapping unpacked fresh foods at
supermarkets, wet and dry markets, restaurants, canteen and the like shall
not be included under the scheme as the usage of such plastic bag is
justified on the grounds of public hygiene.
Section 7 of the ordinance as amended states that the biodegradable
plastic bags shall comply with the Philippine National Standard promulgated
by the Department of Trade and Industry, Department of Science and
Technology, and other government agencies concerned.

(G.) City Ordinance No. 2014-03 Covering Public Markets in San

Fernando, La Union
San Fernando City in La Union implemented City Ordinance No.
2014-03, which penalizes anyone who uses extra plastic when bagging wet
goods. In addition, it prohibits the use of plastic bags for dry goods; plastic
straws; and plastic or Styrofoam plates, cups, and utensils, except for
takeout items. Selling plastic bags is also not allowed. This shift was made
easier for consumers through the campaign Sustainable Palengke, which
was made possible by the efforts of local environmental groups like La Union
Soul and The Plastic Solution.

(H.) Government Offices in Negros Occidental

On July 18, the Local Government Unit of Negros Occidental issued
an executive order banning single-use plastic in the province's government
offices and hospitals. This includes a total ban on plastic shopping bags,
drinking straws, bottles, and Styrofoam containers. Dumaguete City, capital
of Negros Oriental, also enforced a plastic-free public market on June 1.
Anyone caught using plastics, except for wet goods such as fish, will be fined
P500 for the first offense; P1,000 for the second offense; and P5,000 for the
third offense, plus a jail term of not more than six months.

(I.) Baguio City, Benguet

Baguio City's full implementation of its ban on sando bags started on
May 1, after the Plastic and Styrofoam-Free Baguio City Ordinance was
approved by the Baguio City Council and tested at the city public market in
November 2017. The policy prohibits business establishments from
providing customers with plastic bag and polystyrene foam containers for
both dine-in and take-out food and drinks. Penalties include a warning for
the first offense, 1,000-peso fine for the second offense, 3,000-peso fine
with an eight-hour community service for the third offense, and 5,000-peso
fine with a six-month suspension of business permit for the fourth offense.
(J.) Selected Towns in Panggasinan
The province of Pangasinan has a total of 44 municipalities and four
cities. There are a number of towns that are already regulating its use of
plastic bags and Styrofoam containers. This includes Rosales, Labrador,
San Carlos, Bayambang, Villasis, Asingan, Binalonan, Laoac, Alcala,
Umingan, Bautista, and Natividad. Most of these places prohibit the use of
plastic bags on dry goods; while the most comprehensive policy would be
Bautista's municipal ordinance, which also bans the use and selling of plastic
straws.

(K.) Pilar, Surigao del Norte

Pilar, a town on Siargao Island known for the Magpupungko Rock
Formations, was the first municipality in the entire Surigao del Norte
to enforce a ban on single-use plastic. Approved in late February, the policy
prohibits the use of plastic bags in grocery, convenience stores, and other
business entities. It does not, however, include food items wrapped in
plastic. First-time violators will be fined P500, while a third offense calls for
imprisonment and cancellation of business permit.

(L.) Municipal Ordinance No. 386 Boracay Island

When Boracay Island reopened to the public on October 26, new and
stricter environmental policies were also put in place. This includes
Municipal Ordinance No. 386, which bans the use of disposable plastic
items by hotels, resorts, and restaurants in Malay, Aklan. The use of plastic
bags by commercial establishments is also banned by Municipal Ordinance
No. 320.

(M.) Siquijor (Provincial Ordinance No. 06-2018)

In October 2018, Siquijor passed a provincial ordinance which

regulates the use of plastic bags for secondary packaging and prohibits the
free distribution of plastic bags as primary packaging. The ordinance also
requires customers to bring their own bags when shopping, prohibits the
sale of new plastic bags during Sunday, and prohibits the use of cellophane
for cooked food and water. Effective May 2019, the ordinance prohibits the
use and sale of Styrofoam and other disposable containers.

(N.) San Carlos, Negros Occidental (City Ordinance No. 14-53 series of
2014)

In 2014, San Carlos City passed an ordinance regulating the use of

plastic cellophane, t-shirt bags and expanded polystyrene or Styrofoam as
packaging materials for food and beverages. The ordinance also
encourages the use of alternative packaging materials for food and
beverages, and encourages citizens to bring their own bags for shopping.
The ordinance has been successful in transforming even the city’s wet
market as a plastic-free zone—vendors use traditional leaves to wrap wet
goods such as fish and meat.

(O.) Davao City Ecological Solid Waste Management Ordinance of 2009

The ordinance regulates the use of recyclable, reusable and
biodegradable checkout bags and containers mandating all stores, including
ambulant vendors in Davao City to sell or provide only the following: a.)
Recycled or recyclable paper bags; b.) Biodegradable paper bags; c.)
Reusable bags such as cloth bags; d.) bags made out of indigenous
materials such as buri, abaca, anahaw, bamboo and pineapple or; e.) Used
corrugated boxes of carton. This was passed by 2010 and was made
effective two years after.
Biodegradable plastic bags must be properly disposed like any other
solid waste material and should not be thrown in canals, water bodies,
vacant lots and other public places. Shoppers or customers in all stores in
Davao City are encouraged to provide for themselves reusable and
recyclable shopping bags, when shopping or buying from stores.
Violators will be penalized accordingly. The offenders would shell out
fines and/or will be required to render community services and attend
seminars on solid waste management. Those who fail to attend the seminar
will pay the fine and face charges:
1. First violation – Php 300 fines and required to attend a seminar on
solid waste management.

2. Second violation – Php 500 fines or render community service for at

least five (5) days.

3. Third violation – Php 1,000 fines or a 10-day community service.

VI. CAUSE OF ACTION

The environmental consequences of plastic bags can be seen across

all realms of the earth. The impacts of plastic in our environment are
dramatic and daunting for all living things, especially us humans.

As one of the currently pressing environmental concerns, the

elimination or decrease of plastic bag usage has long sparked numerous
efforts. Several initiatives have been crafted to address two of the essential
concerns we face in our everyday living— the right to health and right to a
balanced and healthful ecology.

These rights are some of the fundamental rights Filipinos are entitled
to, as enshrined in the 1987 Constitution, which has also been associated
with the twin concepts of "inter-generational responsibility" and "inter-
generational justice” as highlighted in the case of Oposa vs Factoran. This
twin concept highlights that each person’s right to health and a balanced and
healthful environment constitutes an intertwined obligation to also ensure
the protection of the environment not only for the benefit of the current
generation but also for the generations yet to come. 31

As part of the current generation, we have the duty to ensure that our
environment is protected and preserved. As inhabitants of the earth, we are
bound to protect Mother Nature and her resources so that future generations
will be able to enjoy the resources we are utilizing today. However, because
of the usage of plastic sando bag, the evil sought to be prevented has been
and is actually happening.

31
Oposa v. Factoran, GR 101083, July 30, 1993.
 Currently, the overwhelming usage of plastics and its severe effect on
the environment has reached its alarming peak—in March 2019, a whale
was found dead in Compostela Valley because of dehydration and
starvation due to plastic ingestion. Over 40 kilos of plastic trash were
recovered from the stomach of a dead whale. And just in the same year,
three whales and dolphins were found dead along the Davao gulf after
ingesting plastic garbage.32

This clearly shows that plastic wastes is often mistaken for food by
marine animals. High concentrations of plastic material, particularly plastic
bags and other single-use plastics, have been found blocking the breathing
passages and stomach of many marine species, including whales, dolphins,
seals, puffins, and turtles.

A study by the Global Alliance for Incinerator Alternatives (GAIA)

revealed that Filipinos use more than 163 million plastic sachet packets, 48
million shopping bags, and 45 million thin film bags daily— that is equivalent
to 17.5 billion pieces of plastic shopping bags and 16.5 billion pieces of
plastic labo bags Filipinos are using each year.

Statistics shows that the Philippines, with a current population of more

than 106 million, produce about 43,684 tons of solid waste each day – or
about 0.32 to 0.71 kilogram per person. Most of these garbage (56.7%)
come from residential areas while commercial establishments contribute
about 27.1%. The rest are from industries and other institutions. And out of
the recyclables, plastics got the highest score with 10.55%.33

There has been a seed of environmental consciousness in both

producer and consumer behavior, but it’s in these past few years that we’ve
seen it bloom into something more substantial and widespread, and the
enactment of official state policies and passage of bills can help further that
development. “Stop the problem at the source” quoting Abigail Aguilar of
Greenpeace Philippines suggest that plastic producing corporations should
give their customers options and encourage them to reuse, recycle or at the
very least, return their plastic packagings and containers instead of throwing
them away after single use.

32
Tocmo, Dead Whale’s Belly has 40 Kilos of Plastic Trash: ABS-CBN NEWS. March 18, 2019.
33
Tacio, Environment: End Plastic Now (Second of Two Parts). Edge Davao. 20
 While it may be true that total eradication of plastic wastes is almost
impossible to achieve, it should not stop us from coming up with sustainable
solutions aiming towards a more healthful and livable environment.

Having said that, there has to be a cessation from tolerating

corporations and establishments from producing and using harmful plastic
wastes such as these plastic sando bags; because, without us realizing,
from our every purchase or use of plastic bags and plastic in general, we
are contributing to the rapid deterioration of our environment. Without
adequate producer responsibility schemes, the costs of plastic disposal fall
to cities, municipalities, and thus citizens through their taxes. Thus, this
proposed ordinance presents crucial opportunities to prohibit the
consumption of plastic bags, particularly in view of the forthcoming plan of
action:

• Guidelines for sando bags as secondary packaging materials should

be made binding, and include reducing single-use plastic items and
prioritising waste hierarchy.
• Should explicitly identify waste hierarchy as best practice for all
sectors, with focus on increasing number of participating businesses
particularly located inside malls
• City government should mandate non use of biodegradable and
nonbiodegradable plastics
• Data should be made available on the quantities of sando bags as
secondary packaging materials on the market to enable reduction efforts.

At its core, there is a clearer, sharper focus here: to hold accountable

stakeholders.

Invoking the doctrine of Parens Patriae, the State is expected to give

utmost regard to the right of the Filipino people to life, and from their right to
life emanates their right to a livable environment free from unnecessary
plastic wastes that could lead to more serious problems.

VII. PLAN OF ACTION

The reduction of plastic wastes being circulated into our economic

system, particularly in the area of production and consumption, serves to
 control the massive growth of landfills and waste dumps that threaten
ecological balance, natural habitat, and human health. Although a society
devoid of such harmful products would be desirable, it is too much of a
burden to assume the establishment of a radical shift in business practices
in a rapid and massive fashion. Such disruption would be insensitive to the
economic realities underpinning our current environmental problems.
Therefore, until society had finally progressed to the point of rendering
the use of plastics obsolete and unviable, the proponents of this ordinance
put forth a gradual and limited approach as a compromise between
controlling the over-all use of plastics in society and the need of businesses
to maintain profitability for its existence. Plastic use in its entirety cannot be
done away with in the present time so the proposed ordinance puts its focus
on the control of the consumption of secondary plastic packaging materials
and plastic bags as its primary objective.
The proposed ordinance has the following elements for its plan of
action taking into consideration its objective, scope and limitation:
Introducing Waste Hierarchy as an Effective Guideline, Prohibition, Penalty,
and Monitoring.

I. Introducing Waste Hierarchy as an Effective Guideline

Waste Hierarchy is a set of actions that serve as a priority in the
management of waste in order to minimize its generation and to effectively
deal with the disposal or refurbishing of others. It is commonly known as the
3 Rs: Reduce, Reuse, and Recycle.
The proposed legislation entails an explicit declaration of waste
hierarchy as the guideline for business establishments affected by the
prohibition. It would also require an action by the local government to inform
each and all establishments affected of waste hierarchy as the most
effective tool in the management of waste which in turn would provide a
rationale for the enforcement of the prohibition.
 The Waste (England and Wales) Regulations of 2011 provides a
clear picture on how waste hierarchy is put into effect in a business setting.
It sets out a particular set of stages on what could be best used to protect
the environment. These stages are: Prevention, Preparing for Re-Use,
Recycle, Other Recovery, and Disposal. For the purposes of the proposed
ordinance, only Prevention would be prioritized however, business
establishments may choose to apply additional measures in their waste
management in line with the principles of waste hierarchy and not contrary
to law.
II. Prohibition and Mandate
Prohibition
The proposed legislation explicitly puts a prohibition on secondary
plastic packaging on malls. The prohibition is focused only on the secondary
packaging which is often the prerogative of malls, their department stores
and all business located within. Secondary packaging is defined as the
packaging that holds individual products in one place without direct contact
with the product itself which is in contrast to primary packaging that serves
as the immediate container of a product. It is what is often used by
consumers to transport their purchased goods from the store to their homes.
In the context of the Philippines, secondary packaging materials often take
the form of plastic “sando” bags, cellophane bags, and plastic shopping
bags.
 In order to enforce the designated prohibition, punitive measures are
adopted to deter violations. This would be tackled further in the next
element.

III. Penalty and Monitoring

Penalty
Penalty serves as the primary tool for the enforcement of the
proposed legislation. It is designed to make producers know that the
violation of such ordinance would be costlier than to abide by it. The
proponents ensure that the penalties imposed are pursuant to established
laws and are not contrary to public policy and/or unconstitutional. These
penalties take the form of fines in consonance to the ordinances already
established in other cities and jurisdictions.
Monitoring
To further ensure the cooperation of affected business establishments
or organizations, the City Waste Management Office shall pursue constant
monitoring in the form of inspections and perform quarterly reports on the
progress of the implementation and submit such report to the Chief
Executive and the Sangguniang Panglungsod. Such would in turn be
disseminated to the public.

VIII. CONCLUSION

Plastic bags have become a product humans constantly rely on not

only because they are affordable, but also because they may be used again
and again. Humans have become dependent on using plastic bags which
make the fight against banning such, a fight against years of conditioned
social norm— of its usage and the convenience they have brought—
forgetting that the negative effects outweigh its benefits.

As already discussed in this advocacy paper, using plastic sando

bags as secondary packaging creates serious environmental problem from
the time it is produced to when it is disposed, since they do not degrade.
Plastics generally affect our ecosystem, meaning, all living life forms are
affected by it. It is high time we understand the intensity at which plastic
continually cause harm to our environment and making life difficult not only
for us human beings, but also for the environment and those who live in it.
These consequences can be seen all over the world and are a multinational,
worldwide issue that must be addressed.
This advocacy paper aims not instantly eradicate the use of plastic
bags in Davao City. Rather, it aims to prohibit and minimize, gradually, its
use in order to ensure a cleaner and safer environment.

Expected Outcomes

By strictly implementing this ordinance, adverse effects brought about

by plastic bag wastes are expected to decrease gradually. Corporations,
business establishments and the like using plastic bags as secondary
packaging, in order to stay in business, are expected to think of alternative
ways to do so to be able to conform with this ordinance. Likewise,
establishments distributing or allowing such products to be distributed or
displayed for public consumption are compelled to prohibit its selling and
distributing. Non-compliance will, otherwise, subject the noncomplying party
to penalty charges as herein provided.

Prohibitng the consumption and use of plastic sando bags in malls

through this ordinance is a step towards a plastic free Davao City. It’s time
to pass an ordinance that would make it possible to hold accountable those
personalities using and abusing the environment as single-use plastic
patronizers.
 ANNEXES

Conceptual Framework
DISSEMINATION:

ISSUANCE AND The city shall conduct massive

PROMULGATION OF THE information, education and
ORDINANCE communication campaigns using
quad media (print, radio,
television and internet)

MONITORING:
TRANSITORY
The City Waste Management Office is PERIOD
mandated to conduct inspection of all stores
Malls are given 15
and establishments using plastics as secondary
days to comply
packaging materials and to prepare quarterly
with the ordinance
report on the progress of the implementation
of this ordinance

PROHIBITED:
ALLOWED:
1. Using, Selling and Providing Secondary Plastics
Woven bags, fabric carry bags and inside the premises of the mall
recyclable paper bags are allowed
2. Entry of Secondary Plastic bags in mall
alternatives.
premises

PENALTIES:

The owner of the malls and

the owners of stores or
establishments found
violating any of the prohibited
acts shall be punished
PROPOSED LEGISLATION

FULL TITLE: An Ordinance Regulating the Use of Plastic Sando Bags as

Secondary Packaging Materials in malls in the City of Davao
Short Title: “Plastic Bags Regulation Ordinance”.
This local ordinance seeks to propose to regulate and set the minimum
standards in Davao City with respect to use of plastic sando bags as
secondary packaging materials in the city and to ensure compliance with
said ordinance, also provides for penal sanctions.
WHEREAS, Article II, Section 6 of the Philippine Constitution provides that,
“the state shall protect and advance the right of the people to a balanced
and healthful ecology in accord and rhythm and harmony of nature”;
WHEREAS, Section 3 (I) of Republic Act No. 7160 or the Local Government
Code of 1991 provides that, “the Local Government Units shall share with
the national government the responsibility in the management and
maintenance of ecological balance within their territorial jurisdictions”;
WHEREAS, Section 458 (VI) of Republic Act No. 7160 also empowers, the
Sangguniang Panlungsod to protect the environment and impose
appropriate penalties for acts which endanger the environment including
such activities that result in pollution, acceleration or eutrophication of rivers
and lakes or ecological imbalance;
WHEREAS, plastic bags and expanded polystyrene (Styrofoam) are
rampantly used as packaging materials and food containers in Davao City
and elsewhere;
WHEREAS, despite serious efforts of the city to segregate compostable,
recyclable and reusable waste materials, plastic and other similar materials
remain in the waste stream and eventually become residuals;
WHEREAS, Davao city, in its desire to reduce if not totally eliminate the use
of plastic film bags as packaging materials, encourages the utilization of
alternative packaging materials such as woven bags (bayong), cloth bags
(katsa), paper bags and other similar materials ( e.g. banana leaves, taro
leaves, etc.) and at the same time enjoining the promotion of the “Bring Your
Own Bag Program (BYOBP)”;
WHEREAS, there is now a need to regulate the use of plastic bags and
expanded polystyrene food service containers to prevent potential serious
ecological imbalance particularly in the city’s canal, creeks, drainage and
other waterways, reduce the cost of solid waste disposal and protect the
environment;
WHEREAS, the city is committed to the protection, preservation and
conservation of the ecosystem and ensure the protection of public health
and environment;
——————————————
Section 1. Short Title. – This ordinance shall be known as the “Plastic Bags
Regulation Ordinance”.
Section 2. Definition of Terms. – For purposes of this ordinance the
following terms are defined as follows:
(a) Biodegradable plastic bag - plastics that can be decomposed by the
action of living organisms which require two key elements in order to
decompose— oxygen and light.
(b) Malls- a large building or series of connected buildings containing a
variety of retail stores and typically also restaurants.
(c) Non-biodegradable plastic bag - polymers that do not break down to a
natural, environmentally safe condition over time by biological processes.
(d) Plastic waste– refers to any plastic packaging material thrown as waste.
(e) Primary packaging materials – refer to those types of packaging for
containing wet produce, snack foods, frozen foods, hardware, etc.
(f) Recyclable material – a material that can be sorted, cleaned and
reconstituted for the purpose of using the altered form in the manufacture of
a new product. Recycling does not include burning, incinerating or
converting, otherwise, they are really destroying solid waste.
(g) Reusable Bag – a carry-out bag that is specifically designed and
manufactured for multiple reuse bags in either (1) made of cloth or other
machine washable fabric and/or (2) made of durable plastic and/or (3) made
of indigenous material like buri (buli), rattan, water lily, etc
(h)Secondary packaging materials – refer to those types of packaging
materials for wet goods to provide support to any primary packaging and
intended for convenience of the handler, as well.
(i) Woven bags – (a.k.a Bayong) refer to biodegradable packaging
materials made of wooden pandan, buli leaves, water lily and other similar
materials.
(j) Used Plastic Bags – mean old or second-hand plastic carry-out bags
with handles, hose or string usually made from HDPE, LDPE/LLDPE and
PP plastic material or any other type of recyclable plastic materials.

Section 3. Prohibited Acts. –

A. Malls are prohibited from allowing the use of non-biodegradable and
biodegradable plastic bags as secondary packaging materials . Woven
bags, fabric carry bags and recyclable paper bags are allowed alternatives.
B. Using, selling and providing non-biodegradable plastic bags to
consumers as containers on any goods shall not be allowed
C. The entry of plastic bags in Mall premises is prohibited.
Section 4. Individual participation-shoppers or customers in all Malls in
Davao City are encouraged to provide for themselves reusable and
recyclable shopping bags when shopping or buying from stores. They are
also encouraged to refuse a carry-out or checkout plastic bag from the store
when buying small items (like CD, candy, etc.) that do not require a bag.
Section 5. Provision of Woven or Reusable Bags – Mall and its business
establishments are required to provide woven bags or other reusable bags
to their customers. These may either be for sale or for free.
Section 6. Monitoring and Evaluation.- The Waste Management Office
(WMO) shall monitor the effective implementation of this Ordinance. As
such, it is mandated to conduct inspection of all stores and establishments
using plastics as secondary packaging materials and to prepare quarterly
report on the progress of the implementation of this ordinance and submit
the same to the Office of the Local Chief Executive and Sangguniang
Panlungsod.
Section 7. Information Education and Communication Campaign. – Upon
approval of this ordinance, the city shall conduct massive information
education and communication campaigns using quad media (print, radio,
television and internet) and shall include the promotion of alternative non-
plastic container.
Section 8. Budgetary Requirements. – The City government shall allocate
funds for the effective implementation of this ordinance.
Section 9. Implementing Rules and Regulations (IRR). – Within thirty (30)
days from the approval of his Ordinance, the necessary rules and
regulations shall be issued by the City Mayor for the proper and effective
implementation of this ordinance.
Section 10. Within the period set forth in the preceding paragraph, the
Waste Management Office is mandated to conduct a study on the feasibility
of providing alternative packaging materials for the disposition and
marketing of products, so as not to disrupt the flow of trade and commerce
in the city.
Section 11. Moratorium – The owner of Malls and the business
establishments thereina re given 15 days to comply with this ordinance from
the date of its effectivity.
Section 12. Penalties. – The owner of the malls and the owners of stores or
establishments found violating any of the prohibited acts stated above shall
be punished solidarily through the imposition of a fine amounting to
P5,000.00 and or revocation of business permit to operate and/ or one year
imprisonment at the discretion of the court.
Section 13. Separability Clause. – If for any reason a provision of this
Ordinance is declared invalid or unconstitutional, all other provisions hereof
not affected thereby shall continue to be in full force and effect.
Section 14. Repealing Clause. – Any Ordinance, Resolution or Order, or
part or parts thereof, which are inconsistent with the provisions of this
Ordinance are hereby amended, repealed or modified accordingly.
Section 15. Effectivity. – This Ordinance shall take effect 15 days after its
publication in a local newspaper of general circulation within the city.