Republic of the Philippines

Province of Aklan
Municipality of Kalibo
OFFICE OF THE SANGGUNIANG BAYAN
EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN
ITS 22ND REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL
ON JUNE 27, 2013
PRESENT:
Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer
Hon. Nilda B. Tambong - SB Member
Hon. E. Soviet R. A. Dela Cruz - SB Member
Hon. Ariel O. Fernandez - SB Member
Hon. Arnaldo M. Tejada - SB Member
Hon. Mark Mitchell C. Sy - SB Member
Hon. George L. Quimpo - SB Member
Hon. Peter Jene N. Lao - SB Member
Hon. Rodillo L. Policarpio - SB Member
Hon. Ananias V. Solina - SB Member, LIGA President
Hon. Michael Angelo R. Melgarejo - SB Member, SK President
ABSENT:
None
“ORDINANCE NO. 2013-006

AN ORDINANCE REGULATING THE USE OF PLASTIC BAGS AND STYROFOAM AND

PRESCRIBING FEE FOR ITS USE IN THE MUNICIPALITY OF KALIBO, PROVINCE OF
AKLAN AND IMPOSING PENALTIES THEREOF
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 with the rhythm and
harmony of nature;
WHEREAS, Section 3 (i) of R.A. 7160 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 jurisdiction;
WHEREAS, Section 458 (VI) of R.A. 7160 also empowers the Sangguniang Bayan to protect the
environment and impose appropriate penalties of acts which endanger the environment including such
activities which result in pollution acceleration or eutrophication of rivers and lakes or of ecological
imbalance;
WHEREAS, R.A. 9003 otherwise known as the Ecological Solid Waste Management Act of 2000
provides for the identification and listing of Non-Environmentally Acceptable Products (NEAP) and
packaging materials. The National Solid Waste Management Commission (NSWMC) has adopted and
issued guidelines for NEAP and has identified plastic packaging as one of only 5 product groupings that
shall undergo assessment; plastic bags and Styrofoam, being non-biodegradable materials clog our canals,
creeks, rivers, and other waterways which ends up and causing harm to Aklan River and surrounding
Barangays during rainy season;
WHEREAS, plastic bags are rampantly used as packaging materials in the Municipality of Kalibo
and elsewhere and despite serious efforts of the LGU Kalibo to segregate compostable, recyclable, and
reusable waste materials, plastics and other similar materials remain in the waste stream and eventually
become residuals;
WHEREAS, the LGU Kalibo is spending a considerable amount of money for operational and
maintenance expenses on waste disposal and 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, and other similar bags (bayong), cloth bags (Katsa), paper bags and other similar materials
(Banana Leaves, Taro Leaves, Etc.) and at the same time enjoined to promote the “Bring your Own Bag”;
WHEREAS, there is an urgent ruling to regulate the use of Plastic Bags and Styrofoam to prevent
potential serious imbalance particularly in the Municipality of Kalibo being the Capital Town of the Province
of Aklan and center of social, political, institution, education, and economic activities;
NOW THEREFORE, in view of the foregoing premises, upon motion made by Hon. Mark Mitchell C.
Sy, duly seconded, BE IT ORDAINED by the Sangguniang Bayan of Kalibo, Aklan in session assembled
that:
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Kalibo Sangguniang Bayan
“ORDINANCE NO. 2013-006

Section 1. TITLE
This Ordinance shall be known and cited as “An Ordinance Regulating the Use of Plastic Bags and
Styrofoam in the Municipality of Kalibo, Province of Aklan and Prescribing Penalties Thereof” or the “Kalibo
Plastic and Styrofoam Reduction Ordinance”.
Section 2. DEFINITION OF TERMS
As used in this Ordinance, the following terms shall mean:
a. Department - refers to the Offices(s) implementing the Kalibo Plastic and Styrofoam Reduction
Ordinance.
b. Dry Goods - refers to any product that does not require refrigeration or freezing to maintain,
such as textile, clothing, medicines, etc.
c. Dry Market - generally refers to the store of products that does not require refrigeration or
freezing to maintain.
d. Green Fund - a fund or money earned from the imposition of Synthetic Recovery System Fee by
the retail stores intended to fund various initiatives that would benefit the environment.
e. HDPE - initials used for High Density Polyethylene Plastic or Type-2 Plastic Material.
f. LDPE and LLDPE - initials used for Low Density Polyethylene and Linear Low Density
Polyethylene Plastic or Type-4 Plastic Material.
g. Plastic Bags - also known as sando bags, pouch, plastic shopping bag and plastic film bags
used as Secondary Packaging Material. Plastic carryout bags with handles, holes, or string
usually made from HDPE, LDPE/LLPDE and PP plastic materials with thickness not lower than
15 Microns.
h. Plastic Wastes - refers to any plastic packaging materials used as food containers, disposable
cups, plates, etc.
i. PP - initials used for Polypropylene Plastic or type-5 Plastic Material.
j. Primary Packaging Material - refers to those types of packaging for containing wet products,
snack foods, frozen foods, hardware, etc.
k. Recyclable - a material that can be sorted, cleansed, and reconstituted for the purpose of using
the altered form in the manufacture of a new product. Recycling does not include burning,
incinerating, converting, or otherwise, thermally destroying solid waste.
l. Relevant Retailers - establishments located within the jurisdiction of the Municipality of Kalibo
which are commonly and are regularly engaged in retail business and duly registered as on
such as: Shopping Malls, Supermarkets, Department Stores, Grocery Stores, Fast Food Chains,
Drug Stores, Pharmacy, Wet and Dry Markets.
m. Reusable Bag - a carryout bag that is specifically designed and manufactured for multiple reuse
and is 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, rattan, and other raw materials.
n. Secondary Packaging Materials - refers to those types of packaging materials for Dry Goods
and used to provide support to any primary packaging intended for convenience of the handler.
o. Styrofoam - refers to a light, resilient polystyrene plastic used as throw-away plates, cups, and
Styrofoam trays.
p. Synthetic Recovery System Fee - a charge or regulatory fee imposed to consumer on the use of
new plastic bag/s at the point of sale in the absence of alternative reusable bags and/or
redemption of used plastic bags.
q. Wet Goods - refers to any product that requires refrigeration or freezing to maintain such as fish,
meat, poultry products, fruits, vegetables, beverages, and cooked foods in the
carinderias/eateries.
r. Wet Markets - generally refers to the store of products that requires refrigeration or freezing to
maintain. These include the wet sections in Public Markets, Supermarkets, Mini Marts,
Restaurants, and Carinderia/Eateries.
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Kalibo Sangguniang Bayan
“ORDINANCE NO. 2013-006

Section 3. REGULATIONS ON THE USE OF PLASTIC BAGS

The following regulations shall be imposed on the use of Plastic Bags:

a. Direct distribution of Plastic Bags by Relevant Retailers lower than the regulated thickness of 15
Microns is prohibited under this Ordinance.

b. To ensure the recovery of plastic bags from the waste stream, consumers who will not bring with
them Reusable Bags and/or redeem Used Plastic Bags for a new Plastic Bags, shall be charged
with a Synthetic Recovery System Fee. The said fee shall be indicated in the customer’s
transaction receipt as a reminder that they can save money if they use reusable bags and/or if
they bring used plastic bags in exchange for a new plastic bag.

c. Stall Owners/Lessees in Wet and Dry Markets such as Kalibo Shopping Center, Kalibo Public
Markets and other related establishment under direct control of LGU Kalibo will not be allowed
to distribute Plastic Bags as Secondary Packaging Material provided in subsection 2(g).

d. Plastic Bags with no handles, holes, or strings commonly used as Primary Packaging Material
for wrapping unpacked fresh foods and cooked foods at supermarkets, wet and dry markets,
restaurants, canteens, 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.

e. Paper Bags, Recyclable Bags, Native Bags, and other related materials shall be used as
Secondary Packaging Materials as alternative to Plastic Bags.

Section 4. REGULATIONS ON THE USE OF STYROFOAM

The following regulations shall be imposed on the use of Styrofoam:

a. Use of Styrofoam for Dine-In Orders is prohibited under this Ordinance. Business
Establishments, Restaurants, Fast Food Chains, and other related enterprises may use
alternatives such as Dining Plates, Utensils, and Glass.

b. To ensure the recovery of Styrofoam from the waste stream, a Synthetic Recovery System Fee
shall be imposed for Takeout Orders. The said fee may be indicated in the customer’s
transaction receipt.

c. The Synthetic Recovery System Fee can be redeemed in exchange of used Styrofoam at the
same store/business establishment to be recycled.

d. Business Establishments, Restaurants, Fast Food Chains, and the like may use Paper Box and
the like as alternatives to Styrofoam.

Section 5. SYNTHETHIC RECOVERY SYSTEM FEE

All stores as defined in subsection 2(l) shall charged and collected with a fixed amount of Five
Pesos (P 5.00) per Plastic Bag and Styrofoam regardless of size.

Section 6. PURPOSE OF THE SYNTHETIC RECOVERY SYSTEM FEE

The imposition of Synthetic Recovery System Fee seeks to change consumer behavior rather than
generate fund. It is a move towards shifting the habits from mindless consumption to a lifestyle that is
anchored in an environmentally friendly community. Also to implement the program of the Local Government
to reduce, reuse, and recycle Recyclable Materials.

The Synthetic Recovery System Fee also seeks to regulate the generation of waste from Plastic
Bags by creating an economic option for consumers to use reusable carry bags and/or redeem used Plastic
Bags for New Plastic Bags.

The Synthetic Recovery System Fee will also remind the consumers that bringing their own Plastic
Bags will not only save money but will also help protect our environment by reducing plastic consumption.

Further, proceeds from Synthetic Recovery System Fee shall be used by the business
establishments as Green Funds to initiate Environmental Protection program, projects, and activities.
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Kalibo Sangguniang Bayan
“ORDINANCE NO. 2013-006

Section 7. USE OF GREEN FUNDS

Proceeds of the Synthetic Recovery System Fee shall be used by Business Establishments as
Green Funds to be used in various Environmental Protection programs, projects and activities such as Tree
Planting, Cleaning Drive, Funding of Public Garbage Bin, and other related activities.

Every year end, Business Establishments are required to submit their Accomplishment and
Financial Report on their Green Funds and Environmental Protection programs, projects, and activities to
the Municipal Economic Enterprise Division through the Solid Waste Management Services (SWMS) prior to
the issuance of Renewed Business Permit.

Section 8. WASTE MARKETS

The stores may also bring their accumulated used Plastic Bags to the Waste Market provided by the
Local Government Unit of Kalibo thru the Solid Waste Management Services.

All stores and shopping malls are likewise directed to implement their own Waste Markets in their
respective areas to ensure that there will be enough venues where used Plastic Bags and Styrofoam as well
as other recyclable materials may be redeemed.

Section 9. ENVIRONMENTAL SIGNAGES IN BUSINESS ESTABLISHMENTS

Environmental Posters and Signage educating the public of this Ordinance shall be placed at the
entrance, counter, and vantage points visible at all times to the buying public and clients in all Business
Establishments.

Section 10. MONITORING OF ORDINANCE

The Municipal Environment and Natural Resources Officer (MENRO) Designate together with the
Solid Waste Management Services shall monitor the effective implementation of this Ordinance. A Semi-
Annual Report on the progress of the implementation of this Ordinance must be submitted to the Office of
the Mayor and the Office of the Sangguniang Bayan for proper monitoring and assessment.

Section 11. ENFORCEMENT AND PENALTIES

a. Any establishment that violates the provisions of this Ordinance shall be charged of an infraction
and shall be penalized by:

1. First Offense : A fine not exceeding P 1,000.00.

2. Second Offense : A fine not exceeding P 1,500.00.
3. Third Offense : A fine not exceeding P 2,500.00 and
Revocation of Business and Mayor’s Permit

b. An Environmental Citation Ticket (ECT) shall be issued to the violator by the SWMS, after
which, he/she shall proceed to the Office of the Solid Waste Management within Seven (7)
Working Days for the Issuance of the Order of Payment and make the necessary payment to
the Treasurer’s Office.

c. If an establishment fails to settle his/her liability within the given time, the case shall be referred
to the Municipal Legal Office for appropriate action.

Section 12. INFORMATION, EDUCATION, AND COMMUNICATION CAMPAIGN

Upon approval of this Ordinance, the Local Government shall conduct 60 Days or so of massive
public information, education, and communication campaigns using quad media (print, radio, television, and
internet) and shall also include the promotion of alternative biodegradable packaging materials.

Section 13. IMPLEMENTING RULES AND REGULATIONS

Within 30 Days from the approval of this Ordinance, the necessary Implementing Rules and
Regulation (IRR) shall be issued by the Municipal Mayor for the proper and effective implementation of this
Ordinance.
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Kalibo Sangguniang Bayan
“ORDINANCE NO. 2013-006

Section 14. REPEALING CLAUSE

All previous issuances, Ordinances, Rules and Regulations or parts thereof which are inconsistent
or in conflict with the herein ordinance are hereby repealed, amended or modified accordingly.

Section 15. SEPARABILITY CLAUSE

Should any provisions of this Ordinance be declared invalid or unconstitutional by a court of

competent jurisdiction, the same shall not affect the validity of the other provisions not so declared.

Section 16. EFFECTIVITY CLAUSE

This Ordinance shall take effect Thirty (30) Days after its approval and posting of the text in the
Municipal Hall and other conspicuous places in the Municipality of Kalibo, LGU-Kalibo Website and
Networking Sites, and Publication in Newspaper of general circulation within the Province of Aklan.

ENACTED by the Sangguniang Bayan, Municipality of Kalibo, on its 22 nd Regular Session held on
June 27, 2013.

-
I hereby certify to the correctness of the above stated ordinance as to form.

Original signed
DIANA V. TORRE-FEGARIDO
SB Secretary
Attested:
Original signed
MADELINE A. REGALADO
Vice Mayor
Approved:
Original signed
WILLIAM S. LACHICA
Municipal Mayor