ORDINANCE NO. _____ S.

2021
(PROPOSED ORDINANCE NO. ______)

AN ORDINANCE DECLARING PLASTIC AND POLYSTYRENE PRODUCTS (STYROPHOR)

HOLIDAYS IN THE MUNICIPALITY OF TUBURAN BY REGULATING THE DISTRIBUTION
AND USE OF SUCH PACKAGING MATERIALS AND PROVIDING MECHANISM FOR ITS
RECOVERY AND RECYCLING, ENCOURAGING THE USE OF SUSTAINABLE
BIODEGRADABLE MATERIALS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF.
Sponsored by:

Hon. ___________________________, SB Member

Co-Sponsored by:

Hon. ___________________________, SB Member

Hon. ___________________________, SB Member

Explanatory Note

WHEREAS, the Sangguniang Bayan is mandated by RA 7160 or the Local

Government Code of the Philippines 1991 (Ch. III, Art. II, Sec. 447 (1-vi) to protect the
environment and impose appropriate penalties for acts that endanger thereat;

WHEREAS, the prevalent use of plastic bags and polystyrene (styrophor)

containers provided by retail stores and commercial/business establishments to
consumers as containers to carry or transport the purchased goods, food items, and
other products has been identified as one of the major cause of pollution worldwide;

WHEREAS, various scientific studies discuss the destructive environmental and

health effects of non-biodegradable materials that include plastics and polystyrene
products which take hundreds of years to break down:

WHEREAS, while plastics and polystyrene products have and continue to benefit
mankind, the throw-away culture of the people resulted in these materials escaping the
waste collection system especially in poor and developing countries like the Philippines,
thus, these ending up in creeks, rivers and other waterways and eventually into the
oceans;

WHEREAS, aside from these litter clogging up canals, storm drains and sewerage
systems contributing to the occurrence of floods and vector-borne diseases, plastic bags
and polystyrene products emit chemicals that are toxic and hazardous to the people’s
health whether they are burned or not;

WHEREAS, it is in the best interest of the health, safety and welfare of the
residents of Tuburan, Cebu to start shifting their current paradigm by using reusable,
recyclable and bio-degradable bags and containers in carrying goods and other items
purchased from commercial establishments instead of single-use plastics and
polystyrene products which also have very short and limited lifetimes.

NOW, THEREFORE, ON MOTION OF SB Member ___________________ duly

seconded by SB Member ___________________
1
 BE ORDAINED by the Sangguniang Bayan of Tuburan, Province of Cebu in a
session assembled that:
Section 1. POLICIES AND PRINCIPLES.
In unity with the Filipino people, the State and Province of Cebu, the Municipality
of Tuburan hereby declares and acknowledges the following guiding principles and
recognizes:
a) The major role that local government units play in the protection,
preservation and management of the environment and natural resources for
the benefit of current and future generations;

b) The direct proportionality of the relationship between environment and health

of the people whereby their state of health is determined by the condition of
their environment;

c) The management of wastes generated by households and business cannot be

undertaken solely by the government given its limited resources that the
cooperation of the public is a critical factor for its success;

d) The introduction of proper and sustainable habits among consumers is the

first and most important step in the reduction of the volume of plastic bags
and polystyrene containers generated by society; and

e) The need to reinforce national, regional and provincial environmental laws

and policies by passing corresponding local ordinances and policies taking
into consideration the peculiar needs of the municipality.

Section 2. TITLE. “ORDINANCE ON PLASTIC AND POLYSTYRENE

PRODUCTS (STYROPHOR) HOLIDAYS IN THE MUNICIPALITY OF TUBURAN”.

Section 3. COVERAGE.
This Ordinance shall cover every individual seller, ambulant vendor, business,
commercial and other establishments in the Municipality of Tuburan engaged in the
selling of goods and other items or products to the public. It shall also include
government offices that involve handing out items to the transacting public. The holiday
shall be every Thursdays and Sundays of every week.
Section 4. DEFINITION OF TERMS.
As used in this Ordinance, the following terms shall be understood to mean as
follows:
a) Plastic bag – refers to a portable container made entirely or in part by
polyethylene, polypropylene and polycarbonate among others, for the
purpose of carrying or transporting goods or other items; also known as
“sando bag”;

b) Styrophor container – refers to packaging container commonly used to pack

foods and other perishable goods and items or to store drinks and other
liquids. It is made of polystyrene foam material containing toxic and
hazardous and ozone depleting chemicals chlorofluorocarbons, polymer,
benzene and ethylene;

2
c) Re-usable bag – refers to portable bag with similar uses that of a plastic bag
but that can be used multiple times and is made of such materials as cloth,
cotton and others which can be recycled and is compostable or bio-
degradable;

d) Paper bag – refers to a portable container with similar uses of a plastic bag
made of paper, usually kraft paper which is 100 percent recyclable and
mostly is made of recycled material;

e) Customer – refers to a person who patronizes a business outlet to purchase

goods, product or item;

f) Business establishment – refers to a structure the main purpose of which is to

make profit by selling goods, items or any physical product to the public; and

g) Operator – a person who owns a commercial or business establishment

h) Oxo-biodegradable Plastic bags – refers to plastics that biodegrade through

a two stage process. In the first stage, additives in the plastic help to
catalyze and accelerate oxidation. This aids in the breakdown of polymer
chains in the plastics to smaller and wettable fragments. In the second
stage, microorganisms access the carbon and hydrogen making the
remaining fragments biodegrade into carbon dioxide, water, and biomass,
leaving no plastic or harmful residues behind;

i) Wet Market – generally refers to any establishment that sells products

which requires refrigeration or freezing to maintain freshness. Such
examples include the wet section of the public markets, supermarkets,
groceries, restaurants, eateries or carinderias;

Section 5. REGULATED ACTS.

For the purpose of this ordinance, enumerated hereunder are the regulated acts
violation of any item of which will be ground for the imposition of a penalty:
a) Every seller, ambulant vendor, business, commercial establishment and
government office shall refrain from providing plastic bags or styrophor
containers to their customers for carrying goods, items or product of any kind
purchased from them every Thursdays and Sundays every week;
b) Every seller, ambulant vendor, business, commercial establishment and
government office shall provide paper or reusable bags for free or for a fee to
their customers instead of plastic bags or styrophor containers during
Thursdays and Sundays every week;
c) Every seller, ambulant vendor, business, commercial establishment and
government office shall not prohibit nor prevent their customers from using
their own paper bags or re-usable bags when making purchases from them
every time any day of the week most especially during Thursdays and
Sundays;
d) Every customer shall refrain from accepting or using plastic bags or styrophor
containers from any seller, ambulant vendor, business, commercial
establishment and government officer for carrying or transporting goods,
items or products from these suppliers specifically on Thursdays and Sundays
every week; and

3
 e) Every establishment or structure selling any kind of product to the public shall
post in conspicuous space within their area the following printed notice
measuring at least 1 foot wide and 2 feet long either in Cebuano, Tagalog or
English language:
Cebuano: “Ginadili ang paggamit ug plastic bag o styrofoam container kada
Huwebes ug Dominggo”;
Tagalog: “Bawal gumamit ng plastic bag o styrofoam container tuwing
Huwebes at Linggo”; and
English: “No using of plastic bag or styrofoam container every Thursday and
Sunday”
Section 6. EXCEPTIONS:
This ordinance shall not cover the primary packaging of products and such
other packaging which forms part of the actual product per se since acceptable
alternative packaging is not yet commercially available. Such products include, but
not limited to, snack foods, frozen foods, hardware items, bottled water or soda,
juice drinks, cooking oil, plastic sachet products containing soap, shampoo and
conditioner, cosmetics, and the like.
Plastic used for packing fresh wet goods directly purchased in wet markets are
considered secondary packaging and therefore must be biodegradable or oxo-
biodegradable.
Section 7. Plastic Bag Recovery and Recycling Mechanism
In an effort to instill awareness and promote the 3Rs (Reuse, Retrieve, and
Recycle) among our citizens, all affected retail/business/government
establishments, including fast-food chains and restaurants, except eateries or
carinderias, are required to place a clearly marked “Plastic Recovery Bin” at
entrances and exits that are visible and accessible, for the purpose of collecting,
recycling and proper disposal of plastic bags and polystyrene products. All Barangay
Halls are likewise required to have the same clearly marked recovery bins that will
serve as drop-off points to collect plastic bags and polystyrene products from
barangay residents.
All plastic bags and polystyrene products accumulated by affected retail/business
establishments shall be sold directly to relevant recyclers or junk shops.
Section 8. Information Campaign:
Upon approval of this Ordinance, the Municipality shall conduct a massive
information campaign in order to educate its residents about the benefits of using
biodegradable and reusable materials such as cloth bags (katsa) and oxo-
biodegradable plastic bags as well as the proper use and disposal of plastic bags.

Section 9. Moratorium
All affected retail/business/government establishments are hereby given
three (3) months from the effectivity of this Ordinance to dispose of all their
remaining non-biodegradable plastic bags, polystyrene products and other similar
non-biodegrable products used to carry or package products purchased in affected
establishments;

Section 10. MONITORING TEAM. There shall be created a monitoring team

composed of the following offices to oversee and monitor compliance of this Ordinance:
Chairperson : Office of the Municipal Mayor
Vice-Chairperson : Municipal Environment and Natural Resources
Officer
Focal Person : Solid Waste Management Officer
Members : Pollution Control Officer
4
 Chief of Police
Municipal Health Officer
Schools District Supervisor
All Punong Barangays
The Monitoring Team shall conduct an intensive information, education and
advocacy drive to affected stakeholders for not less than a month at least two weeks
before the effectivity and implementation of this Ordinance.
It shall likewise hold meetings every quarter and conduct activities to continue
public education and improve compliance of this Ordinance.
Section 11. Implementing Rules and Regulations (IRRs):
Within thirty (30) days from the approval of this Ordinance, the Local Chief
Executive may issue the necessary IRRs for its proper and effective
implementation;

Section 12. FUNDING SUPPORT.

A regular fund in the amount of P _____ every year shall be provided by the
office of _________________ to finance the activities of the Monitoring Team.
Section 13. PENALTIES.
Any individual or establishment found violating any part or a combination of
this ordinance shall be imposed with the following penalties:
First Offense: Reprimand and a fine of P 500.00 for customers and P
1,000.00 for commercial or business establishments;
Second Offense: A fine of P 2,000.00 for customers and P 3,000.00 for
commercial or business establishment;
Third Offense: A fine of P 3,000.00 and 8 hours community service for
customers and P 5,000.00 and revocation of license or
permit for commercial or business establishments.
Section 14. SEPARABILITY CLAUSE.
If for any reason any part of this Ordinance will be found unconstitutional or
invalid, the remaining portion of this Ordinance shall continue to be in effect in full
force;
Section 15. REPEALING CLAUSE.
All previous Ordinances, Resolutions or Regulations or parts thereof inconsistent
with this Ordinance are hereby repealed or modified accordingly.
Section 16. EFFECTIVITY.
This Ordinance shall take effect fifteen (15) days after its approval and
complete publication in a newspaper of local or general circulation. The full text of
this Ordinance shall likewise be posted in at least two (2) conspicuous places in the
Municipal Hall of Tuburan, Cebu in compliance with the posting requirement as
mandated by the Local Government Code.

ENACTED BY THE SANGGUNIANG BAYAN, MUNICIPALITY OF TUBURAN IN ITS

REGULAR SESSION HELD ON THE ______ DAY OF _________________.

HON. ______________________ SB Member

5
HON. ______________________ SB Member
HON. ______________________ SB Member
HON. ______________________ SB Member
HON. ______________________ SB Member
HON. ______________________ SB Member
HON. ______________________ SB Member
HON. ______________________ SB Member
HON. ______________________ SB Member

Certified true and correct: Attested:

ARNEL LUMAPAS DEMOCRITO M. DIAMANTE

SB Secretary Vice-Mayor and Presiding Officer

Approved:

DANILO M. DIAMANTE
Municipal Mayor