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A REVIEW ON THE
IMPLEMENTATION OF THE
SOLID WASTE
MANAGEMENT ACT IN CEBU
CITY
Submitted to:
Atty. Marie Aileen Barrientos – Asejo
Natural Resources and Environmental Law Professor
Background of Law...................................................................................................................... 1
a. Framework ....................................................................................................................... 1
b. Directive........................................................................................................................... 2
Purpose and Significance of Study .............................................................................................. 4
Methods Used .............................................................................................................................. 5
DISCUSSION .................................................................................................................................. 6
Results.......................................................................................................................................... 6
Data .............................................................................................................................................. 7
Closure of Inayawan Sanitary Landfill .................................................................................... 8
Waste Collection, Management and Disposal ......................................................................... 8
Municipal Solid Waste ............................................................................................................. 9
Issues .......................................................................................................................................... 11
Compliance ................................................................................................................................ 11
Initiatives of the City .............................................................................................................. 11
City’s Waste Management Practice ....................................................................................... 13
REFERENCES .............................................................................................................................. 16
INTRODUCTION
Cebu City, historically a small fishing village, has developed into one
of the most urbanized areas of the Central Philippines. According to studies,
Cebu City is one of the largest growth centers in the Philippines it is due to
its strategic location and easy access by air and sea transport, information
and communication technology and tourism are propellant sectors leading
the city’s economic growth.1
Background of Law
a. Framework
1
Tholons (2016): Top 100 Outsourcing Destinations: Rankings and Executive Summary
http://www.tholons.com/TholonsTop100/pdf/Tholons_Top_100_2016_Executive_Summary_and_Ranking
s.pdf
2
REPUBLIC ACT NO. 9003 [PDF]. (2001, January 26). Manila: Official Gazette.
An Act Providing For An Ecological Solid Waste Management Program, Creating The Necessary
Institutional Mechanisms And Incentives, Declaring Certain Acts Prohibited And Providing Penalties,
Appropriating Funds Therefor, And For Other Purposes
1
The crafting of the Ecological Solid waste Management Act
was anchored from a firm mission by the Philippine government to
address the pressing issue of mismanagement on handling waste
disposal and looming garbage problems in the country. 3 This is in
adherence to the 1987 Philippine Constitution policy of protection and
advancing of the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature; as well as
the protection and promotion of the right to health of the people.4
b. Directive
3
FFTC Agricultural Policy Platform
4
Const. (1987), Art. II,§ 15 .
2
3. Monitor the implementation of the City or Municipal
Solid Waste Management Plan through its various
political subdivisions and in cooperation with the private
sector and the NGOs;
4. Adopt specific revenue-generating measures to promote
the viability of its Solid Waste Management Plan;
5. Convene regular meetings for purposes of planning and
coordinating the implementation of the solid waste
management plans of the respective component
barangays;
6. Oversee the implementation of the City or Municipal
Solid Waste Management Plan;
7. Review every two (2) years or as the need arises the City
or Municipal Solid Waste Management Plan for purposes
of ensuring its sustainability, viability, effectiveness and
relevance in relation to local and international
developments in the field of solid waste management;
8. Develop the specific mechanics and guidelines for the
implementation of the City or Municipal Solid Waste
Management Plan;
9. Recommend to appropriate local government authorities
specific measures or proposals for franchise or build-
operate-transfer agreements with duly recognized
institutions, pursuant to R.A. 6957, to provide either
exclusive or non-exclusive authority for the collection,
transfer, storage, processing, recycling or disposal of
municipal solid waste. The proposals shall take into
consideration appropriate government rules and
regulations on contracts, franchises and build-operate-
transfer agreements;
10.Provide the necessary logistical and operational support
to its component cities and municipalities in consonance
with subsection (f) of Sec. 17 of the Local Government
Code;
11.Recommend measures and safeguards against pollution
and for the preservation of the natural ecosystem; and
12.Coordinate the efforts of its component barangays in the
implementation of the city or municipal Solid Waste
Management Plan.
3
It is therefore imperative in this study that as we look into the
implementation of the RA 9003 in Cebu City, we review the
realization of the duties of the City Solid Waste Management Board.
It is also the goal of this study to monitor the implementation of other
directives found in this legislation, which includes, but not limited to:
This study also hopes of not finding acts in Cebu city which are
prohibited in said law particularly Sec. 48 thereof.
This qualitative legal paper applied the method of data mining for
information gathering, analysis and interpretation in congruence with the
study’s statements of purpose or objectives. Data mining is a knowledge
extraction process where relevant and useful information are taken and
interpreted from large data sets using any relevant data analysis techniques.5
Data mining was done by the researchers in this study by: searching
the available data and information on the internet relative to the
implementation of solid waste management in Cebu City; those data
obtained were thoroughly examined in terms of relevance, reliability and
credence; validation was done; all qualified data were clustered, and
ultimately, the clustered data, anchored at the study’s objectives, were
analyzed, interpreted and given implications. 7
This study did not have respondents as the data to be collected were
secondary in nature, coming from the respective materials on the web. This
furthermore implied that this undertaking’s environment is the web itself.
5
concepts which were considered as answers of the study’s statements of
purpose. Analysis was done by simplifying the broader concepts that the
data presented. Interpretation was undertaken by elaborating what the data
conveyed. Implications in every data were generated as well to highlight the
different positive and/or negative practices of solid waste implementation,
thereby; concerns, issues, gaps and problems could be identified in order to
create viable interventions that would hopefully improve the solid waste
implementation compliance with the existing laws.
DISCUSSION
Results
After careful evaluation of the pertinent laws and the actual state of
the solid waste management of Cebu City, the researchers determined that
Cebu City, being one of the heavily populated cities in the Philippines, are
currently facing issues regarding its Solid Waste Management owing to the
permanent cease and desist order of the Inayawan Sanitary Landfill,
inefficiency of the garbage collection and little to no segregation and
recycling of garbage.
But upon closer inspection of the actual state of the Garbage Disposal
Methods of the City, it is still far from the intended plan that the
Government of Cebu City wishes to attain. Cebu City has waste disposal and
processing centers which are:
8
10-year Solid Waste Management Plan. (n.d.). Retrieved December 16, 2020, from
https://www.cebucity.gov.ph/10-year-solid-waste-management-plan-of-the-cebu-city-government-swmp-
to-the-department-of-environment-and-natural-resources-in-iloilo-city/
6
The city also began offering appropriate financing for
environmentally sound waste management at the barangay level. For
instance, Cebu City has allocated upwards of PHP 20,000 from its annual
municipal budget to support individual barangays with establishing
recycling programs and composting centers with this budget it can then be
used towards covering construction costs, purchasing required tools and
equipment, and initiating community education programs as necessary.
To this end, the city provides training opportunities for the barangay
staff on composting practices and methods; a number of demonstration sites
have also been set up with the assistance of BEO volunteers for this purpose
Data
9
IGES (2017): Development of Work Plan for Reducing SLCP from MSWM in Cebu City, Philippines,
CCAC-MSWI
10
Premakumara, J.D.G (2017). Planning and Implementation of Integrated Solid Waste Management
Strategies at Local Level: The Case of Cebu City. Retrieved from:https://www.ccet.jp/sites/
default/files/2017-10/CCET%20Cebu%20Case%20Study_PrintingVer0718.pdf
11
Navarro, R. (2015). Solid Waste Management City Profile -City of Cebu. Retrieved from:
https://www.waste.ccacoalition.org/sites/default/files/files/cebu_msw_factsheet.pdf
7
Closure of Inayawan Sanitary Landfill
The Inayawan Sanitary Land Fill in the City of Cebu is closed and can
never be used again.
On the same year, the Full Advantage Phils. International Inc. (FAPII)
submitted to the city government a Safe Closure and Rehabilitation Plan
(SCRP) of the 15.41 hectare Inayawan Sanitary Landfill. Included in the said
plan is the proposal to construct Waste-to-energy (WTE) facility in the
service area of the place. Also, the said agency made recommendation to the
city government of having three options as to what they will do with the
rehabilitated dumping site. These include economic or industrial zone;
recreational eco-park; and renewable energy center.13
Under the existing laws, the Local Government Units must pass their
own local solid waste management plans which present their framework for
reusing, recycling, and composting waste in their own jurisdictions. The
National Solid Waste Management Commission (NSWMC) is charged by
law the task to approve and oversee the implementation of these solid waste
management plans.
12
Environmental Management Bureau (EMB) VII, DENR, Philippines: www.emb.gov.ph/regions/region7
13
Demecillo, J.M. (March 22, 2019), On Inayawan Landfill Closure, Rehab City Compliant with Court
Order. Retrieved from: https://www.philstar.com/the-freeman/cebu-news /2019/03/22/1903615/inayawan-
landfill-closure-rehab-city-compliant-court-order/amp/
8
The communal method, whereby common waste receptacles are
strategically located in public areas, as well as individual household
collection carried out by garbage trucks. In addition, private waste collectors
are in operation of collection from commercial establishments such as
shopping malls. According to DPS, average waste collection of the city
increased to 460 tons/day in 2015 and maintains a coverage rate of 100%.
Most of the MSW in Cebu City has been found to originate from
households, accounting for about 54%; comparatively, commercial sources,
such as businesses, public and private markets contribute 25%, while
institutional sources such as government offices, educational and medical
establishments account for about 21%.14
14
Authorities Cebu City Government. (n.d.). Municipal Solid Waste Knowledge Platform. Retrieved
December 16, 2020, from https://www.waste.ccacoalition.org/participant/cebu-philippines
9
Figure 3: Summary of waste generated in each sector
However, the City environment office believes that although the ban
on the use of plastic bags help in curbing waste, the local government still
end up having to process a lot of plastic because the of sachet is now part of
the Filipino culture. Further, the said agency also acknowledges the fact that
the department does not have enough equipment in collecting hazardous
waste. The city government usually hire private contractors to help them
with this issue.
15
Bagayas, S. (Dec.11,2020). PH Local Governments Juggle COVID-19 Response and Garbage Problem.
Retrieved from: www.rappler.com
10
Since the pandemic lockdowns, the Cebu City has gone from
generating as much as 650 tons of waste a day to at least 400 tons for the
commercial establishments generated less waste than usual during the
pandemic. The waste collection of the city is constituted by plastic materials
at least 30%, and the households’ biodegradable waste increased to 70%.
Still, the Cebu City is in the process of having its 10-year old solid
waste management plans which been approved by the NSWMC.
Issues
While the government faces these issues, the people of Cebu City
plays big role in the Solid Waste Management programs that the government
of the City of Cebu implemented. It is the people who have the capacity to
dispose and recycle these wastes. The problem that the government of the
City of Cebu will face with the people is on how they will be implementing
these laws and ordinances that the people will follow and obey the laws.
Compliance
16
Osmeña vs. Garganera (2018), 859 SCRA 513
17
Republic of the Philippines, DENR. Laws and Policies | Solid Waste Management.
https://emb.gov.ph/laws-and-policies-solid-waste-management-3/
11
For instance, in accordance with the City Ordinance No. 1361, which
institutionalizes a system of waste collection in the city and imposes
corresponding fees or fines, the City’s local executive created a Cebu City
Solid Waste Management Board (CCSWMB) which is charged with the
duty of providing advices and proposals to come up with necessary and
relevant policy, legal and institutional actions to manage waste based on the
well-known principle of the 3Rs (Reduce, Reuse and Recycling).
18
Premakumara, D.G.J., 2012. Establishment of the Community-Based Solid Waste Management System
in Metro Cebu, the Philippines. In: KITA & IGES (Eds.), The Report for the Establishment of the Waste
Management System in Metro Cebu, Philippines, Kitakyushu, Japan.
12
The following is a detailed list of City Ordinances crafted as legal
intervention for the waste disposal:
Through the years, the aforesaid sanitary landfill has turned into an
open dump site. It was partially closed on December 2011. Since then, the
Inayawan landfill was converted into a garbage transfer station. Garbage
collected from various barangays of the city are transferred through big
trucks capable of traveling the 30 kilometer distance from Cebu City
towards a private landfill facility located in barangay Pulog in Consolacion
town in northern Cebu province. In 2015, at least 40% of the city's waste is
13
being dumped at the Consolacion landfill for a fee of P700 per tonne while
the remaining 60% remains at the Inayawan landfill.
14
time enhancing environmental awareness among community residents. It
stresses the importance of resource recovery and recycling initiatives. 19
One of the suggestions upon the study conducted in Cebu City by the
CCAC MSW City Action Plan which is to conduct city-to-city exchange
programs and technical workshops with mentor cities to build the capacity of
stakeholders to implement the action plan;20 it illustrates that with the help
of a number of supportive policies along with strong public outreach and
community mobilization efforts it can work effectively in reducing
municipal solid waste thereby driving sustainable benefits at the local level.
19
Ancog, R.C., Archival, N.D., Rebancos, C.M., 2012. Institutional arrangements for Solid Waste
Management in Cebu City, Philippines. Journal of Environmental Science and Management 15 (2), 74–82.
20
Cebu City, 2012. Cebu City’s Community-Based Composting and Solid Waste Management. In:
Premakumara, D.G.J., et al. (Eds.) A Follow-up Seminar on KitaQ System Composting in Asia, 17-20 July
2012, JICA, IGES, Kitakyushu, Japan, pp. 15–16.
15
REFERENCES
16
12) Republic of the Philippines, DENR. Laws and Policies | Solid
Waste Management. https://emb.gov.ph/laws-and-policies-solid-
waste-management-3/
16) REPUBLIC ACT NO. 9003 [PDF]. (2001, January 26). Manila:
Official Gazette. An Act Providing For An Ecological Solid Waste
Management Program, Creating The Necessary Institutional
Mechanisms And Incentives, Declaring Certain Acts Prohibited And
Providing Penalties, Appropriating Funds Therefor, And For Other
Purposes
17