Central Philippine University

College of Law
Iloilo City

LEGAL RESEARCH AND THESIS WRITING

PROBLEM IDENTIFICATION AND DEFINITION

WORK OUTPUT

1. My research problem is: “A Proposal on the Revision of Senate Bill No. 1866: The
Plastic Straw and Stirrer Ban of 2018.

2. The condition which gave rise to my research questions are:

Plastic is now one of the country’s top pollutants of canals, rivers, and other waterways.
Unfortunately, most of these buoyant materials end up in the open seas.
In a report released a few years ago, the ​Ocean Conservancy singled out the Philippines
as one of five countries from where majority of plastics originates. Also on the list were
China, Indonesia, Vietnam, and Thailand.

“As rapidly developing economies, these countries are now passing through a typical
stage of economic growth as consumer demand for disposable products grows more
rapidly than the waste management infrastructure,” the report said.

The five economies have generated an exploding demand for public consumer products
but they lack the waste management infrastructure to cope with the surge in plastic
garbage.

It has been established that recycling programs such as the Ecological Solid Waste
Management Act has been enforced but the gravity of the problem of pollution still exists
and is increasingly becoming graver. This is one of the reasons why Senate Bill No.
1866 or the “Plastic Straw and Stirrer Ban of 2018” is being passed by Congress.

Senate Bill No. 1866 has addressed the problem regarding the use of plastic straws and
stirrers in the country but some of its provisions seem impractical to implement
considering the state of the country and the mindset of the Filipino people regarding the
matter. It provides that no food service establishments or other service establishments
such as sari-sari stores shall offer to consumers any single-use beverage straw and
stirrer made of plastic or any other non-biodegradable material except to customers with
disabilities or medical conditions.
 Food establishments caught providing such straws or stirrers are to be fined Php 50,000
for the first offense, Php 80,000 for the second offense and Php 150,000 for the 3rd
offense including a suspension of their business permit for one year.

It Bill also tasks the Department of Environment and National Resources to promote the
use of straws and stirrers made of metal, bamboo or any other reusable material.

3. The ideal situation would have been:

California State has passed a Assembly Bill No. 1884 prohibiting restaurant servers from
giving guests plastic straws unless requested by the customers. The provisions of the bill
only applies the restrictions to sit-down restaurants but does not include bars or fast food
establishments.

The 1st and 2nd violations would result in a notice of violation and any subsequent
violations will be fined $25 for each day the full service restaurant is in violation but shall
not exceed the fine of $300 in total annually.

4. The possible discrepancy between no. 2 and 3 are:

The discrepancies between Senate Bill No. 1866 and Assembly Bill No. 1884 are:
● The establishments in which the prohibition is being enforced.
● The exceptions of the prohibition regarding customers and establishments.
● The penalty incurred by such establishment in case of violation.
● Alternative solution recommended to such establishments in the usage of other
available sources of straws and/or stirrers.

5. The following interventions have been done to address the problem and the outcomes
were:

The passage of R.A. 9003 of 2000 or the “Ecological Solid Waste Management Act”. It is
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 therefore, and for other purposes.
The proposal of Senate Bill No. 1866 or the “Plastic Straw and Stirrer Ban of 2018”.

6. The following facts/findings have been reported in related studies about the problem:

Assembly Bill No. 1884 of California State, USA establishes uniform health and
sanitation standards for, and provides for regulation by the State Department of Public
Health of, retail food facilities, as defined. Existing law defines “enforcement officer,” for
purposes of enforcing these provisions, to mean certain appointees of the State Public
Health Officer, and all local health officers, directors of environmental health, and their
duly authorized registered environmental health specialists and environmental health
specialist trainees.

Existing law prohibits certain stores from providing a single-use carryout bag to a
customer at the point of sale.

This bill would prohibit a full-service restaurant, as specified, from providing single-use
plastic straws, as defined, to consumers unless requested by the consumer. The bill
would specify that the first and 2nd violations of these provisions would result in a notice
of violation and any subsequent violation would be an infraction punishable by a fine of
$25 for each day the full-service restaurant is in violation, but not to exceed an annual
total of $300. The provisions would be enforced by the same officers authorized to
enforce the California Retail Food Code. By creating a new crime and imposing
additional enforcement duties on local health agencies, this bill would impose a
state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is
required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on
State Mandates determines that the bill contains costs so mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory provisions noted
above.

The Ecological Solid Waste Management Act provides the adoptation of a systematic
comprehensive and ecological solid waste management program which shall:
(a) Ensure the protection of the public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of valuable
resources and encourage resource conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and volume reduction through
source reduction and waste minimization measures, including composting, recycling,
re-use, recovery, green charcoal process, and others, before collection, treatment and
disposal in appropriate and environmentally sound solid waste management facilities in
accordance with ecologically sustainable development principles;
(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal
of solid waste through the formulation and adoption of the best environmental practice in
ecological waste management excluding incineration;
(e) Promote national research and development programs for improved solid waste
management and resource conservation techniques, more effective institutional
 arrangement and indigenous and improved methods of waste reduction, collection,
separation and recovery;
(f) Encourage greater private sector participation in solid waste management;
(g) Retain primary enforcement and responsibility of solid waste management with local
government units while establishing a cooperative effort among the national government,
other local government units, non- government organizations, and the private sector;
(h) Encourage cooperation and self-regulation among waste generators through the
application of market-based instruments;
(i) Institutionalize public participation in the development and implementation of national
and local integrated, comprehensive, and ecological waste management programs; and
(j) Strength the integration of ecological solid waste management and resource
conservation and recovery topics into the academic curricula of formal and non-formal
education in order to promote environmental awareness and action among the citizenry.

Senate Bill No. 1866 has proposed the ban of plastic straws and stirrers in the country
citing Section 16 of Art. 2 of the Philippine Constitution which states 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.

It provides that no food service establishments or other service establishments such as

sari-sari stores shall offer to consumers any single-use beverage straw and stirrer made
of plastic or any other non-biodegradable material except to customers with disabilities
or medical conditions.

Food establishments caught providing such straws or stirrers are to be fined Php 50,000
for the first offense, Php 80,000 for the second offense and Php 150,000 for the 3rd
offense including a suspension of their business permit for one year.

It Bill also tasks the Department of Environment and National Resources to promote the
use of straws and stirrers made of metal, bamboo or any other reusable material.

7. The following questions about the problem however, still remain unanswered:

● No concrete solution has been enumerated in such bill about the alternative use
of any other product if plastic straws and stirrers are to be banned. Section 10
only dictates the “promotion” of metal, bamboo and other reusable material straw
and stirrers.
● The availability of the proposed promotions of metal and bamboo straws and the
like in Section 10 of said Bill are scarce and impractical for business
establishments to use since the cost compared to plastic straws are of great
disparity.
● The proposed offenses to be enforced to the public and establishments are far
too great to be afforded by establishments such as sari-sari stores and the like.
● Non-profit establishment of infrastructure/s to properly manage plastic waste
disposal and public health.
● Government institutions to properly promote awareness as well as educating the
public of the problem and the bill itself.