San Beda College Alabang

College of Law
8 Don Manolo Blvd, Cupang, Muntinlupa, 1771, Metro Manila

Environmental Law

“Implementation and Enforcement of

Republic Act 9003

Or

Ecological Solid Waste Management Act of 2000”

Submitted to: Amb. Amado S. Tolentino, Jr.

Submitted by: Byron Jon Angeles Tulod

201640264

07 July 2017
The Philippines has a number of laws on the books that are geared towards protecting the
environment, but effective enforcement of those laws is another story. The fact is evident in the
Ecological Solid Waste Management Act of 2000, a landmark environmental legislation in the
Philippines. Much had been written about the worsening problem of solid waste in Metro Manila
and other urban centers in the country. Seminars and conferences are continually conducted to
discuss ways of solving the problem but as far as the question as to how long it would take us to
attain a zero waste economy, no one knows. One thing, however, is sure - time is running out and
we need to act now.

Republic Act (RA) 9003 or the Ecological Solid Waste Management Act of 2000 was crafted in
response to the looming garbage problems in the country. RA 9003 declares the policy of the
state in adopting a systematic, comprehensive and ecological solid waste management program
that ensures the protection of public health and the environment and the proper segregation,
collection, transport, storage, treatment and disposal of solid waste through the formulation and
adoption of best environmental practices. Moreover, it illustrates the potentials and benefits of
recycling not only in addressing waste management problems but also in alleviating poverty.

Furthermore, RA 9003 describes solid waste management as a discipline associated with the
control of generation, storage, collection, transfer and transport, processing, and disposal of solid
wastes. The manner by which these activities are conducted shall be in accord with the best
principles of public health, economics, engineering, conservation, aesthetics, other
environmental considerations, and public attitudes. The Act provides for a comprehensive
ecological solid waste management program by creating the necessary institutional mechanisms
and incentives, appropriating funds, declaring certain acts prohibited, and providing penalties.

The establishment of a National Solid Waste Management Commission (NSWMC) and Solid
Waste Management Board (SWMB) in each local government unit (LGU) is mandated by RA
9003 to be represented by public officials, in their ex-officio capacity, and the private sector. The
Commission shall serve as the coordinating body and likewise develop and implement the
National Solid Waste Management Framework. The SWMB, on the other hand, is directed to
formulate a 10-year local Ecological Solid Waste Management Plans instituting an effective and
sustainable solid waste management plan with primary emphasis on implementation of all
feasible re-use, recycling and composting programs. This is pursuant to relevant provisions under
RA 7160 or the Local Government Code.

To encourage and facilitate the development of local plans, NSWMC is mandated to publish
guidelines for identification of areas with common waste management problems and appropriate
units for clustering solid waste management services. This is to reinforce provisions of the Local
Government Code for all provinces, cities, municipalities and barangays to consolidate or
coordinate efforts, services and resources to establish common waste treatment and disposal
facilities.
However, despite the establishment of this institutional mechanism, the said law has not been
fully implemented and enforced by the LGUs in some regions in the country. A recent example
would be when, just a month ago, the environment authorities in Western Visayas vowed to step
up the enforcement of the said solid waste management law by asking the local governments to
comply despite changes in the leadership. Regional director Ariel A. Gloria of the Environmental
Management Bureau (EMB)-6, in a press conference, stressed that 17 years after the law was
enacted in the year 2000, still this law has "not been fully implemented" by the LGUs in the
region. Specifically, only 30 percent of the LGUs in Western Visayas are compliant with the law
thus, there is a need for these LGUs to double time in terms of this particular compliance. He
then warned the LGUs violating the law to address their problem on solid waste management
particularly on maintaining open dumpsite, a violation of the Section 17 under Article 1 of the
law.

Gloria said that one of the reasons why some LGUs fail to comply with the law, as expressed by
some local chief executives he had talked to, these LGUs fail to re-echo what has been done by
the previous administration to the current administration whenever there would be change of
leadership. Executive Director Eligio T. Ildefonso of the National Solid Waste Management
Commission (NSWMC) also mentioned that some LGUs reason on failure to comply with the
law was "lack of money" to be used for the solid waste management in their area and "lack of
knowledge" how to comply. However, Ildefonso said that these LGUs have Internal Revenue
Allotment (IRA) every year and out of that, they also have development fund in which 20
percent of its fund could be used for their solid waste management under the local government
code. He further stressed that it was just the "political will" as well as seriousness of the local
executive to give priority especially to solid waste management needed to fully comply with the
law.

Meanwhile, despite the establishment of commissions and reinforcements of LGUs, the work to
be done is not left solely to them. As part of the problem, because we produce garbage ourselves,
we can also be part of the solution by reducing our contribution to the waste problem.

Based on studies made by the National Solid Waste Management Commission Secretariat based
at the Environmental Management Bureau (EMB), it is estimated that the per capita waste
production daily is 0.5 kg. This means that for every person living in the metropolis, he or she
generates half a kilo of waste a day. With an estimated population of 10.5 million, total waste
generated in Metro Manila alone could run up to 5,250 metric tons per day. That would be
162,750 metric tons per month and 1.95 million metric tons per year. Definitely, that’s a lot of
waste to speak of.

With respect to the waste we dispose of everyday, as per EMB study, only about 73% of the
5,250 metric tons of waste generated daily are collected by dump trucks hired by our respective
local government units. That is assuming our LGUs are faithful to their duties to us, taxpayers.
The remaining 27% of our daily waste or about 1,417.5 metric tons end up in canals, vacant
spaces, street corners, market places, rivers and other places where, ironically, there’s a sign that
reads “HUWAG MAGTAPON NG BASURA DITO. ANG MAHULI, BUGBOG SARADO!”
This summarily explains why we need to act and be a disciplined citizen of the Philippines.
Lastly, as to the urgency of our actions, perhaps the most important reason why we have to act
now on the worsening solid waste problem is their impact on human health. Health is a basic
human right. We all deserve to live in a cleaner environment. We all desire for a healthy family,
neighborhood, and a healthy nation. And, the only way to satisfy these desires is to do away with
garbage that breeds flies, roaches, rodents and harmful bacteria that can spread diseases in our
homes and in our communities.

Sources:

Ecological Solid Waste Management Act: Environmental Protection Through Proper Solid Waste
Practice, retrieved from http://ap.fftc.agnet.org/ap_db.php?id=153&print=1 on July 6, 2017

Enforcement of 17-yr-old solid waste management law to be stepped up, retrieved from
http://www.pna.gov.ph/articles/997611 on July 6, 2017