EXCERPTS FROM THE MINUTES OF THE 126TH REGULAR SESSION OF THE 6th

SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT

THE SESSION HALL, LOCATED AT THE THIRD FLOOR TABACO CITY HALL ANNEX
BUILDING ON JANUARY 22, 2019.

Present:
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member,
Hon. Eddie S. Perol Pres., LMB & Member, &
Hon. Allan Earvin S. Burce Pres., SK Pederasyon & Member.

Absent:
N O N E

On Sick Leave:
Hon. Sheina Marie C. Onrubia Floor Leader & Member, &
Hon. Raul Roi B. Borejon Member.

Proponent: HON. LUIS RENIR B. BURCE

City Ordinance No. 004-2019

AN ORDINANCE REGULATING THE USE OF PLASTIC BAGS IN THE CITY OF
TABACO AND PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR
OTHER PURPOSES.

BE IT ORDAINED by the Sangguniang Panlungsod of Tabaco City in regular session

assembled, that:

SECTION 1. TITLE. This Ordinance shall be known as the “RESPONSIBLE PLASTIC USER
ORDINANCE OF THE CITY OF TABACO”.
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Page 2

SECTION 2. DECLARATION OF POLICY. It is hereby the policy of the City to promote and
protect people’s right and welfare and environment by adopting measures to regulate the use of
single-use plastics and other non-biodegradable materials or non-environmentally acceptable
packaging, and regulating the trade, use and disposition to any point-of-sale or establishment
within its territorial jurisdiction.

SECTION 3. AUTHORITY. This Ordinance is enacted pursuant to Section 3 (i), 16, 458(1) (vi),
(5) (xiii) of Republic Act No. 7160 (Local Government Code of 1991); Section 30 of Republic Act
No. 9003 (Ecological Solid Waste Management Act of 2000), and Section 15 of Provincial
Ordinance No. 2011-03 (Anti-Plastic Ordinance of the Province of Albay).

SECTION 4. SCOPE. This Ordinance shall apply to the manufacturer, use, and disposition of
plastic bags as regulated and defined under this Ordinance used in the trade or commerce, in
all point-of-sale establishments or stores, outlets, point-of-sale areas, and other food
establishments located in the City of Tabaco.

SECTION 5. DEFINITION OF TERMS. For the purpose of this ordinance, the following terms
shall be defined as follows:

CONSUMER – any person or group of persons who makes a purchase or completes a

transaction in any point-of-sale store or establishment.

DRY GOOD ITEM – refers to any product that do not require refrigeration/chilling or freezing in
contrast to wet goods such as textiles, ready-to-wear clothing, sundries and similar products
that is naturally dry which do not require plastic bag as primary packaging material.
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MANUFACTURER – refers to person, enterprises, establishment, or association of

establishments in control of, or habitually engaged in, the business of or related business of
producing, distributing or redistribution, and selling of plastic bags and single-use polystyrene
foam products as defined in this ordinance.

POINT-OF-SALE – refers to any store, retail/wholesale establishment, market stall,

supermarket, mall, side-walk or ambulant vendor stall, itinerant vendor, restaurant, carenderia,
eatery, food chain, canteen, sari-sari store, and other similar and analogous businesses that
trade or sell goods, items, and merchandize, whether consumable or non-consumable.

PLASTIC - is a lightweight, hygienic and resistant material which can be molded in a variety of
ways and utilized in a wide range of applications.

PLASTIC BAGS – a polymer bag or a bag made in whole or in part of polyethylene,

polycarbonate, and polycarbon, or other similar material, and designed to be provided or utilized
at the point of sale store for carrying or transporting goods or items. This definition includes
single-use carry-out bags.

PRIMARY PACKAGING MATERIAL – refers to the packaging materials which come in direct
contact with the product.

REUSABLE BAG – refers to any shopping bag used for carrying or transporting goods or items,
which can be used several times such as cloth, cotton, pandan, cheese cloth, coco cloth,
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abaca, buri, water lily, karagumoy, bamboo-woven baskets, and the like, and those made up of
recycled materials.

SECONDARY PACKAGING MATERIAL – refers to the packaging materials that

support/contain the primary packaging materials.

SINGLE-USE PLASTICS - often also referred to as disposable plastics, are commonly used for
plastic packaging and include items intended to be used only once before they are thrown away
or recycled. These include, among other items, grocery bags, sando bags, plastic food
packaging, plastic bag for beverages or soda, plastic straw, polystyrene plastic cup and lid,
plastic stirrer, plastic utensils, and other materials that is intended only to be used once and
then be discarded.

SINGLE-USE POLYSTYRENE FOAM PRODUCTS - commonly referred as “Styrofoam”, is the

material most widely used to produce food containers as it is rigid, lightweight, and has good
insulation properties.

POLYSTYRENE PLASTIC CUP AND LID – refers to a single-use type plastic used by food
chain, restaurant, and similar establishment as container for soda, beverages and other liquid
food for takeout and commonly used for parties and catered events, characteristically white or
colored and translucent and easily shattered.

WET GOODS – refer to any product that requires refrigeration/chilling or freezing to maintain
freshness such as fish, meat, poultry products, and cooked foods in carenderias/eateries. Fruits
and vegetables are excluded which can be packed by recyclable packaging.
Cont. City Ordinance No. 004-2019
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WET MARKET – generally an open food market. It includes butcher shops and fish markets,
which are in separate section from the fruit and vegetable stalls;

SECTION 5. PROHIBITION ON THE USE OF PLASTIC BAGS. A point-of-sale store shall be

prohibited from providing the consumer with plastic bags for the purpose of carrying or
transporting items purchased by the consumer.

5.1. Plastic bags shall be used only as primary packaging of wet goods such as i) fresh fish and
fresh fish products; ii) fresh meat or fresh meat products; iii) fresh poultry and fresh poultry
products, iv) coconut milk, when consumer desires the coconut to be extracted from cocomill
outlet in the public market, and v) packing of food from ambulant vendors or carenderia. The
consumer shall utilize reusable bag as secondary packaging material to support, carry or
transport the products or goods purchased.

5.2. No plastic bag shall be used as primary packaging material for any dry good item.
Consumer shall utilize or use reusable bag as packaging to carry or transport such product. All
pre-plastic pack products such as bread and other product sold in bakery, supermarket, and
other point-of-sale store shall use reusable bag as secondary packaging.

SECTION 6. PROHIBITION ON THE USE OF SINGLE-USE POLYSTYRENE FOAM

PRODUCTS. No individual or point-of-sale stores such as restaurant, carenderia, eatery, food
chain, catering service providers and other food establishment shall use and sell single-use
polystyrene foam products as packaging or container for food, produce and other products.
Cont. City Ordinance No. 004-2019
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SECTION 7. PROHIBITION ON THE USE OF OTHER SINGLE-USE PLASTIC. No point-of-

sale stores such as restaurant, hotel, food chain, carenderia, resort, eatery, sari-sari store and
other similar food establishment shall use, utilize or sell single-use plastic materials as defined
in this ordinance that is only intended to be used once and then be discarded.

7.1. Upon the effectivity of this ordinance, all schools, government offices and agencies and
other institutions within the city shall be enjoined to impose the banning of single-use plastics
within their premises and encouraged their students/ costumers or clients to use reusable bag
and containers for food and drinks. Failure to do the same shall constitute a violation of the
ordinance and shall be penalized pursuant to Section 11 thereof.

7.2. The use of plastic buntings during fiesta, parties, Christmas season, in peryahan, and other
gathering is hereby discouraged. The use of biodegradable or recyclable materials as bunting
during such occasions shall be encouraged.

SECTION 8. PROMOTION ON THE USE OF NATIVE REUSABLE BAG AND THOSE MADE
WITH RECYCLED MATERIALS. The use of native reusable bags made of organic materials
such as cloth, cotton, pandan, cheese cloth, coco cloth, abaca buri, water lily, and the like,
those made with recycled materials, and reusable containers made of glass or non-toxic and
hazardous materials, shall be promoted and encouraged.

8.1. Point-of-sale stores shall be mandated to provide for free and/or to offer for sale at a
reasonable price reusable bags as defined in this ordinance.
Cont. City Ordinance No. 004-2019
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8.2. The City Environment and Natural Resources Office (CENRO) in partnership with the
Department of Science and Technology (DOST), Technical Education and Skills Development
Authority (TESDA), Department of Trade and Industry (DTI), Department of Labor and
Employment (DOLE), and owner of point-of-sale store or establishment are encourage to
provide programs wherein livelihood projects shall be implemented for producing,
manufacturing and distribution of native reusable bag and those made with recycled material
with support.

SECTION 9. INFORMATION AND EDUCATION CAMPAIGN. Upon the effectivity of this

ordinance, the Tabaco City Anti-Plastic Taskforce shall conduct six (6) months massive
information education campaign using print, radio and internet medium of communications, and
shall also include the promotion of alternative biodegradable materials.

9.1. Point-of-sale stores shall be required to promote the use of reusable bags and mandated to
display conspicuously in their stores or establishments the environment friendly slogan
“ILIGTAS ANG KAPALIGIRAN, PAG GAMIT NG PLASTIC IWASAN, MAGDALA NG SARILING
LALAGYAN”. Non-compliance to this provision shall constitute a violation and shall be
penalized pursuant to Section 11 thereof. The City ENRO in partnership with City Architect
Office shall design an official infographic representing the city’s campaign on plastic reduction
for sticker production and distribution to all households, point-of-sale, and all modes of
transportation.

SECTION 10. CREATION OF TABACO CITY ANTI-PLASTIC BAG TASKFORCE. The Tabaco
City Anti-Plastic Taskforce is hereby created in the City of Tabaco. Necessary training and
Cont. City Ordinance No. 004-2019
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capacity building shall be undertaken by the members of the taskforce for the effective
implementation of the Ordinance. The taskforce shall be composed of the following:

Lead Office : City Environment and Natural Resources Office (CENRO)

Members : City Legal Office
Economic Enterprises Management Unit (EEMU)
Business Permit and Licencing Unit (BPLU)
Public Safety Office (PSO)
Philippine National Police (PNP)
Liga ng mga Barangay
Sangguniang Kabataan (SK) Federation

10.1. FUNCTION OF ANTI-PLASTIC BAG TASKFORCE. The taskforce shall ensure the strict
implementation and monitoring of this ordinance by carrying out the following task:

Formulate guidelines, rules and regulations for the smooth implementation of this ordinance;

The CENRO shall faciliate the deputation of apprehending officer as needed in the monitoring
of point-of-sale store and establishment and shall apprehend and issue Citation Ticket to
violators of this ordinance. The CENRO shall be responsible in consolidating all information
submitted by the Liga ng mga Barangay and SK Federation.

EEMU shall be in-charged in ensuring the compliance and monitoring of this ordinance to any
point-of-sale store in public markets and its periphery, issue Citation Ticket to violators, and
Cont. City Ordinance No. 004-2019
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direct the offending individuals and or point-of-sale stores to City Treasurer Office for payment
of penalty.

The BPLU shall assists EEMU and CENRO in ensuring of and monitoring the compliance of this
ordinance to point-of-sale stores or establishments and consolidation of the list point-of-sale
stores or establishments provided by the Liga ng mga Barangay and SK Federation.
The SK Federation and Liga ng mga Barangay shall be enjoined and in-charge of mobilizing
their respective barangay for the effective dissemination of pertinent information of this
ordinance, and shall collect and submit to CENRO from time to time an updated list of point-of-
sale store or establishment in their respective jurisdiction.

The PSO and PNP shall assist CENRO and EEMU in apprehending and monitoring of
manufacturer and other point-of-sale store and establishment.

The City Legal Office shall provide legal assistance and assist CENRO, EEMU, and
apprehending officer in filing of case to court when necessary.

The taskforce shall submit reports to the City Mayor of the status of implementation and
monitoring;

The taskforce shall recommend to the Sangguniang Panlungsod (SP) of any possible
amendment to the ordinance to improve and strengthen its provision.
Cont. City Ordinance No. 004-2019
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10.2. MEETING. The taskforce shall meet Quarterly or may call an emergency meeting to be
called by the lead office when need arises to ensure that the provision of this ordinance is
properly implemented.

SECTION 11. PENALTY. Any individual, consumer or owner of any point-of-sale store or
establishment found violating with the provisions of this Ordinance shall be penalized with the
following:

First Offence - Fine of One Thousand Pesos (₱

1,000.00)
Second Offence - Fine of Three Thousand Pesos (₱
3,000.00)
Third Offence - Fine of Five Thousand Pesos (₱
5,000.00)
and cancellation of business permit

SECTION 12. APPROPRIATION. An amount of One Hundred Thousand Pesos (₱

100,000.00) shall be appropriated annually, to be charged under the City Environment and
Natural Resources Office (CENRO) to implement this Ordinance.

SECTION 13. SEPARABILITY CLAUSE. If, for any reason, a provision or part hereof is
declared invalid or unscontitutional, the other provisions not affected thereby shall remain in full
force and effect.
Cont. City Ordinance No. 004-2019
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SECTION 14. REPEALING CLAUSE. Any ordinance, executive order and resolution or parts
thereof inconsistent with the provision of this Ordinance are hereby repealed, amended, or
modified accordingly.

SECTION 15. EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen (15) days
following the completion of its publication in a local newspaper of general circulation within the
premises of Tabaco City.

NOMINAL VOTING:
AYES: Ten (10) All Members Present
NAY: Zero (0)

APPROVED, this 22nd day of January 2019.

We hereby certify to the correctness of the foregoing Ordinance.

LUIS RENIR B. BURCE NESTOR T. SAN PABLO

Proponent City Vice Mayor & Presiding
Officer

Attested:

GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
Cont. City Ordinance No. 004-2019
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Approved:

CIELO KRISEL LAGMAN-

LUISTRO
City Mayor