Académique Documents
Professionnel Documents
Culture Documents
Members:
Alapan, Jenny Marie
Cobol, Ella Marie
Fernandez, Eunice
Jamora, Jethro Anthony
Melchor, Risan Jonahthea
Penamante, Phedora Mariella
Samama, Edrafel
Torculas, Allanjoe
Virgilio, Mark
Submitted to:
Atty. Kristina Tan-Valdez
I. INTRODUCTION
In General
Humans have the need to change but it is often forgotten that we also
have the ability to change. The earth is suffering an injustice from a culture
of humans with throwaway mindset. The earth, and particularly the ocean
has become our dumpster. Each year, an estimated 18 billion pounds of
plastic waste enters the world’s ocean from coastal regions. That’s about
equivalent to five grocery bags of plastic trash piled up on every foot of
coastline on the planet.1 All that plastic is causing harm to the creatures that
live in the ocean, from coral reefs smothered in bags, to turtles gagging on
straws, to whales and seabirds that starve because their bellies are so
jammed with bits of plastic that there’s no room for real food.
1
Eriksen, Lebreton, Carson, Thiel Moore, Borerro, Galgani, Ryan, and Reisser “Plastic Pollution in the
World’s Oceans: More than 5 trillion Plastic Pieces Weighing over 250,000 Tons Afloat at Sea.”
2
Le Guern “When the Mermaids Cry: The Great Plastic Tide”: January, 2017
3
John Tibbetts “Managing Marine Plastic Pollution: Policy Initiatives to Address Wayward Waste” EHP
Environmental Health Perspectives, Apri; 2015.
residual value’, or in other terms 80 percent of plastic waste is single use
plastic.4
Global Perspective
Collins Dictionary named “single-use” their word of the year in 2018,
citing a four-fold increase in usage since 2013. The term means “made to
be used once only” and refers to “items whose unchecked proliferation are
4
Ocean Conservancy, “Stemming the Tide: Land-Based strategies for a plastic-free ocean” Mikinsey and
Company and Ocean Conservancy September 2015.
blamed for damaging the environment and affecting the food chain”. Plastic
pollution has become a global problem threatening our environment, health
and economies. It being a global issue, measures to reduce plastic
consumption enjoy a high level of public support, with national and local
solutions, various parts of the world have made efforts in regulating and
reducing plastic pollution.
Great Britain’s Royal Statistical Society announced its statistics of the
year. It’s 90.5%, the estimated amount of plastic waste ever made that has
never been recycled. This fact comes from a study published in Science
Advances, “Production, Use and Fate of all plastics ever made”, by
Scientists Roland Geyer, Jenna Jambeck and Kara Lavender Law.
November known as the month of not shaving facial hair, is now a
new conservation campaign, the month of not using straws. Branded as “No
Straw November”, the campaign is a push to eliminate single-use plastic.
The effort is led by the Aquarium Conservation Partnership (ACP),
comprising 22 aquariums in 17 different states. They’re pushing 500
businesses to commit to only serving plastic straws upon request. The ACP,
partnering with the U.N and European Commission, announced plans to
create global coalition of 200 aquariums that will campaign against plastic.
Two hundred and fifty organizations responsible for 20 percent of the
plastic packaging produced around the world have committed to reducing
waste and pollution. The initiative is called the New Plastics Economy Global
Commitment, and it includes a diverse group of members including the
clothing company H&M, Unilever, Pepsi, L’Oreal, Nestle, and Coca-Cola.
This Global commitment touts a number of high-profile partnerships. It’s a
collaboration with the United Nations and other partners include the World
Wide Fund for Nature, the World Economic Forum, the Consumer Goods
Forum, and 40 academic institutions and are working to promote a circular
economy for plastic, a concept that entails reusing or repurposing plastic
instead of letting it sit in a landfill.
Some 13, 000 schools, workplaces, and venues will be plastic bag
and stirrer free by 2019, due to a new sustainability push by foodservice
company Sodexo. In addition to bags and stirrers, Sodexo plans to phase
out polystyrene foam (styrofoams) containers by 20215. Plastic straws,
controversial item, will now only be available by request. The decision is
being applauded environmental groups like Greenpeace and the World
Wildlife Fund, who say that reducing consumption is a key step toward
preventing plastic from entering landfills and marine environments. 5
Political Perspective
LEGISLATION AND INTERNATIONAL CONCERTED PROGRAMS
In 1972, the London Convention, a United Nations agreement to
control ocean dumping, was entered into. It was followed by the most well
known piece of International legislation, the International Convention for the
Prevention of Pollution from ships (MARPOL). Annex V of MARPOL was
introduced in 1988 with the intention of banning the dumping of most
garbage and all plastic materials from ships at sea. A total of 122 countries
have ratified the treaty. There is some evidence that the implementation of
MARPOL has helped to reduce the marine debris problem.
In 1972 and 1974, conventions were held in Oslo and Paris,
respectively, which resulted in the passing of the OSPAR Convention, an
international treaty controlling marine pollution in the north-east Atlantic
Ocean around Europe. A similar Barcelona Convention exists to protect the
Mediterranean Sea. The Water Framework Directive of 2000 is a European
Union directive committing EU member states to make their inland and
coastal waters free from human influence. In the United Kingdom, the
proposed Marine Bill is designed to “ensure clean healthy, safe, productive
and biologically diverse oceans and seas, by putting in place better systems
for delivering sustainable development of marine and coastal environment”.
Under the umbrella of UNEP, numerous cooperative efforts have
been held to reach protocols and conventions. For instance, a Protocol on
Integrated Coastal Zone Management was approved in January 2008,
involving 21 countries bordering the Mediterranean Sea, as well as the
European Union. Within the framework of Land Based Sources Protocol for
pollution reduction from land-based sources, Mediterranean countries and
parties to the Barcelona Convention have agreed this year on an initial set
of actions covering the reduction of municipal pollution and the elimination
of a number of Persistent Organic Pollutants.6
The pollution of the environment is a recognized human rights and
public health issue. In the Universal Declaration of Human Rights, Article 25
states that we have the right to a standard of living that supports our health
and well-being. The United Nations likewise recognizes many specific
5
Howard, Gibbens, Zachos, Parker. “National Geographic Society”: January, 2019.
6
Le Guern “When the Mermaids Cry: The Great Plastic Tide”: January, 2017
environmental rights such as the right to a safe, clean, healthy, and
sustainable environment. The growing recognition that plastic pollution is an
issue of global concern, and that the existing global legal framework is unfit
to tackle it, has opened a window of opportunity at the international level.
Several options are being explored with dedicated work streams underway.
At the third session of the United Nations Environmental Assembly in
December 2017, countries joined together to pass a resolution on marine
litter and microplastics. 7
And recently, President Trump called out other nations, including
China and Japan for “making our oceans into their landfills”, when he signed
legislation to improve efforts to clean up plastic trash from the world’s
oceans. The law, passed with bipartisan support, amend the National
Oceanic and Atmospheric Administration’s Marine Debris Act and funds the
program through 2022. The law fosters efforts to clean up plastic trash from
the world’s oceans and encourages federal trade negotiators to prod
“leaders of nations responsible for the majority of marine debris” to improve
management of waste that ends up in the oceans. 8
Local Perspective
Global Alliance for Incinerator Alternatives (GAIA) released a new
study where it was found that Filipinos use more than 163 million plastic
sachet packets, 48 million sando bags, and 45 million labo bags daily. The
group alleged that single-use disposable plastic is the greatest hindrance to
sound waste and resource management and calls on governments and
manufacturers to regulate, and stop producing, single-use plastics produced
by NGO GAIA, is part of an effort to collect data on plastic consumption as
environmentalists push for government action to reduce plastic waste. 9 It
contains eye-popping figures; everyday, almost 48 million shopping bags
are use throughout the Philippines, adding up to more than 17 billion a year.
And that figure does not include the smaller, thinner, and often transparent
plastic bags known as “lab” bags- around 16.5 billion which are used per
year across the country. 10
7
United Nations, Resumed Review Conference on the Agreement Relating to the Conservation and
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks: 2010.
8
Howard, Gibbens, Zachos, Parker. “National Geographic Society”: January, 2019.
9
Cabico, “Filipinos throw away almost 164-M sachets daily.” Philippine Star: March 2019.
10
France-Presse,” PH survey shows’ shocking plastic waste.” Manila Bulletin: March 2019.
In 2008, SM Supermalls admitted in using about 300,000 large-size
plastic sando bags for grocery and about 200,000 large-sized plastic sando
bags for the department store. These are all biodegradable plastic bags
which were 12% more expensive than an ordinary plastic bag.11
In 2015 report conducted by Ocean Conservancy and McKinsey
Center for Business and Environment, it was surveyed that the Philippines
is one of the five countries that produce half of the world’s plastic waste
which almost 7,000 tons of plastic every day that mostly ends up polluting
bodies of water. The dependence of Filipinos for plastic products as an
integral part of its daily activity is the primary reason why the plastic
consumption and waste continues to balloon.12 Another, data from the 2015
study entitled” Plastic waste inputs from land into the ocean”, shows that
Philippines’ wastes composed 6,237,653 kg (6875.84 tons) of plastic per
day, of which 81% is mismanaged.13
In response to the growing problem, many local governments have
passed ordinances to regulate use of plastic that covers items such as
shopping bags and secondary packaging materials. Aside from that, several
lawmakers also filed bills in an attempt to mandate a nationwide prohibition
of non-biodegradable straws and stirrers, ban of single-use plastic, and
regulate the production, import, sale, use and disposal of plastics bags.14 In
the recent legislation in the country, House Bill No. 8692, or the “Ban on
Single- use Plastic Products” was recently filed at the House of
Representatives at the start of January 2019. It calls for a total ban on single-
use plastics, as well as phase-out plan for plastics already use. The bill still
has to go through with the approval by the Congress. 15 In line with that,
Senator Legarda further filed Senate Bill 2759 or the Total Plastic Bag Ban
Act of 2011, which aims for the total ban of the usage of non- biodegradable
plastic bags in the entire country. Like the other bill, it is till pending in the
Congress.
As the 2019 Philippine elections is fast approaching, the Social
Weather Stations (SWS) conducted a survey where seven (7) out of ten (10)
11
“SM Supermalls use ore expensive plastic bags.” GMA News. May 2008.
12
Philippine Information Agency, PIA bans single-use plastic. Philippines: 2018.
13
Tantiangco, “PHL 1 of 5 countries that produce half of world’s plastic waste.” GMA News Online: June
2018.
14
Vila,” Philippines plastic pollution: why so much waste ends up in oceans.” South China Morning Post.
October 2018.
15
Zulueta,” Look: Single-use plastics might soon be banned in the Philippines.” When In Manila. January
2019.
Filipino voters support candidates who are in favor of banning the single-use
plastic across the country. The survey also found that Eight (8) out of ten
(10) Filipinos support prohibiting groceries, public market, fast-food chains
and other similar establishments from using or providing non-biodegradable
plastic bags. This SWS findings proved that plastic pollution become an
important issue for Filipinos. 16
In Metro Manila
There are certain cities in Metro Manila who have initiated, though not
a total banned but minimal use of plastic bags like in Pasay city, where the
city government passed Ordinance No. 4647 series of 2011. Under the said
ordinance, all stores in the city shall provide or make use only recyclable
paper carry-out bags, reusable bags, and compostable plastic bags for
carrying out goods. The mayor encouraged all the store owners and
operators to faithfully comply with the said ordinance. However, the decree
does not prohibit or prevent the customers from using bags of any type in
carrying their goods. 17
In Makati City, where EO No. 007, Series of 2012, which amended
the earlier EO, was enacted to specifically distinguish the primary and
secondary packaging materials and exempts certain products such as
plastic bottled and sachet products, and other similar products. Also, this EO
further prohibits all supermarkets, public markets, shopping malls or
department stores, restaurants, fast food chains, convenience stores,
canteens eateries and similar establishment in selling, using or distributing
plastic bags for use as primary or secondary packaging on dry goods or as
secondary packaging for wet food. 18
Aside from the two (2) cities, Quezon city Mayor Joy Belmonte is
battling for the gradual implementation of the ban on single-use plastics. She
said that it will affect the industries in the long run and thus, it cannot be
implemented right away, she still needs a grace period for such. Despite of
that, there were still ordinances that was crafted by the previous
administration like Ordinance No. SP-2127, which banned the use of plastics
and Styrofoam packaging within city hall premises; Ordinance No. SP-2140
16
Flores, “70% of voters support candidates against single use plastic.” Philippine Star. January 2019.
17
“Bans of Plastic Bags in Pasay City: an Assessment.” Topis,Sample papers & Articles Online for Free,
October 2016.
18
City Government of Makati City, “New EO signed by Binay strengthens Makati Advocacy for
environment-friendly packaging.” Philippines: 2012.
ad SP-2103, mandated the reduction of the use of plastic bags and
collection of environmental fees for each plastic bag used within the city. 19
19
Araja, “Single-use plastic phaseout in Quezon City.” Manila Standard. July 2018.
20
“GenSan pushes ban on open burning, use of plastics.” PTV News. November 2017.
prohibits the use of non- biodegradable plastics but this does not include the
banning of the use of biodegradable plastics. The said law merely regulates
the said usage but provided that these must be properly disposed.
However, only 4 out of the city’s barangays maintain the said proper disposal
and segregation of waste including the plastics. Due to that, the Davao city
government’s spending on sanitary services rose by P17.02 million. 21
Further, right after the banning of the use of non- biodegradable
plastics, the davaoenos thought that by using biodegradable plastics, they
will be acquitted to all the sin that they have brought upon to the environment
but this is not true. According to the report launched by the United Nations
report on the 20th anniversary of the Global Programme of Action for the
Protection of the Marine Environment from land-based Activities (GPA), an
intergovernmental mechanism hosted by United Nations Environment
Programme (UNEP), concluded that “ wide spread adoption of products
labelled as ‘biodegradble’ will not significantly decrease the volume of plastic
entering the ocean or the physical and chemical risks that plastics pose to
marine environment.”22
As of now there are still no concrete ordinance of banning of the used
of biogradable plastic bags especially in the malls. Though the right now the
Davao Council is currently in the process of two ordinances and one of such
is the prohibition of the use of the single-use plastics. The enactment of an
ordinance for banning the single-use plastic has not been immediately
implemented in consideration for the businessmen and workers who may be
unemployed if such will be pursued directly. The city government has been
proposing on the total phase out of the single-use plastics to protect the
environment. 23
In the meantime, they are still conducting studies that will back up on
the said ordinance but there are now movements that are being done in the
city. One of this is the banning of the use of single-use plastics like
disposable cups, spoons and other plastics during government meetings
and other activities.24 Another is the implementation on ban of single-use
plastics in school campuses. Among the schools who implemented this
policy are Ateneo de Davao University and San Pedro College. This policy
21
“Davao City spent P151M due to lack of waste segregation.” Rappler. June 2017.
22
“It’s the plastic, not its state.” Sunstar. November 2015.
23
“Editorial: Local policies for the environment.” SunStar. January 2019.
24
“Davao City bans single-use plastics in government meetings, events.” BusinessWorld. August 2018.
was legislated as a response to the challenge put forth by Pope Francis of
taking better care of our common home.
25
Kiprop.”Which Countries have Banned Plastic Bags.” World Facts. August 2018.
26
”Bogor has officialy banned plastic bags at malls and supermarkets, traditional market next.” Coconut
Jakarta. December 2018.
27
Lugtu. “ Paper vs Plastic.” The Manila Times. October 2018.
28
Navarrosa.“Aiming for Plastic free PH.” Manilastandards. February 2019.
Cagayan De Oro, there is now an ordinance that entirely banned the use of
plastic bags or sando bags in all commercial establishments including malls,
sari-sari stores and public market except for plastic roll bags for wet goods
like meat and poultry products, fish and seafood, fresh fruits and processed
food. The residents in the said city will have to bring their own bags in buying
grocery items. 29
Furthermore, there are 2 house bill that is filed by Sultan Kudarat Rep.
Horacio Jr. and Manila Rep. John Marvin Nieto, who seeks in imposing tax
on the use of plastic bags. House Bill 8523 which was authored by Horacio
proposes to impose exercise tax on plastic bags used in supermarkets,
malls, shops, stores, sales, outlets, and other similar establishment. On the
other hand, House Bill 8558, which was authored by Nieto seeks to have
establishments impose P 10.00 exercise tax on plastic bags on customers
at the point of sale.30
29
“No more plastic bags in Cagayan De Oro stores by Janaury 1 2019.” CDODEV. September 2018.
30
Bajenting.”Pay for plastic bags.” Yahoo. December 2018.
III. DEFINITION OF TERMS
iv. Plastic bag– Type of container made of thin, flexible, plastic film
used for conatining and transporting goods and is a common
form of secondary packaging. .
vii. Single use— Throwing away of a plastic food items after using it
once.
This study aims to develop a local ordinance that will prohibit the use
of plastic sando bags as secondary packaging. The study seeks to
implement such ordinance specifically in the malls of Davao City. The use
of such plastic sando bags results to fish and wildlife becoming intoxicated,
consequently the toxins from these plastics have entered the food chain,
threatening human health. Lastly, this study will be supplemented by
ordinances and regulations already enacted in the Philippines.
(A.) Senate Bill No. 2579- Total Plastic Bag Ban- (pending in the
Committee as of March 08, 2011)
The objective of Senate Bill 2759 is to curb pollution and help the
nation manage its ecological resources more wisely. The Total Plastic Bag
Ban Act of 2011 would create a total ban on non-biodegradable plastic bags
throughout the entire country. If passed, the bill would prevent the use of
non-biodegradable plastic bags by supermarkets, grocery stores,
restaurants, department stores, and retail establishments as well as other
similar stores.
(B.) Senate Bill No. 1948 Single-Use Plastics Regulation and
Management Act of 2018 (pending in the Committee as of August 28,
2018)
Senate Bill 1948 or the Single-Use Plastics Regulation and
Management Act of 2018, if enacted into law, will regulate the
manufacturing, importation, and use of single-use plastic products; and
provide penalties, levies, and incentives for industries, businesses, and
consumers. The Senate Climate Change Committee said the bill provides
for an ambitious yet comprehensive approach to solving the single-use
plastics problem including actions from national and local governments,
industries, business enterprises and consumers for the manufacturing,
selling, use, recycling and disposal of all single-use plastics in the country.
(N.) San Carlos, Negros Occidental (City Ordinance No. 14-53 series of
2014)
These rights are some of the fundamental rights Filipinos are entitled
to, as enshrined in the 1987 Constitution, which has also been associated
with the twin concepts of "inter-generational responsibility" and "inter-
generational justice” as highlighted in the case of Oposa vs Factoran. This
twin concept highlights that each person’s right to health and a balanced and
healthful environment constitutes an intertwined obligation to also ensure
the protection of the environment not only for the benefit of the current
generation but also for the generations yet to come. 31
As part of the current generation, we have the duty to ensure that our
environment is protected and preserved. As inhabitants of the earth, we are
bound to protect Mother Nature and her resources so that future generations
will be able to enjoy the resources we are utilizing today. However, because
of the usage of plastic sando bag, the evil sought to be prevented has been
and is actually happening.
31
Oposa v. Factoran, GR 101083, July 30, 1993.
Currently, the overwhelming usage of plastics and its severe effect on
the environment has reached its alarming peak—in March 2019, a whale
was found dead in Compostela Valley because of dehydration and
starvation due to plastic ingestion. Over 40 kilos of plastic trash were
recovered from the stomach of a dead whale. And just in the same year,
three whales and dolphins were found dead along the Davao gulf after
ingesting plastic garbage.32
This clearly shows that plastic wastes is often mistaken for food by
marine animals. High concentrations of plastic material, particularly plastic
bags and other single-use plastics, have been found blocking the breathing
passages and stomach of many marine species, including whales, dolphins,
seals, puffins, and turtles.
32
Tocmo, Dead Whale’s Belly has 40 Kilos of Plastic Trash: ABS-CBN NEWS. March 18, 2019.
33
Tacio, Environment: End Plastic Now (Second of Two Parts). Edge Davao. 20
While it may be true that total eradication of plastic wastes is almost
impossible to achieve, it should not stop us from coming up with sustainable
solutions aiming towards a more healthful and livable environment.
VIII. CONCLUSION
Expected Outcomes
Conceptual Framework
DISSEMINATION:
MONITORING:
TRANSITORY
The City Waste Management Office is PERIOD
mandated to conduct inspection of all stores
Malls are given 15
and establishments using plastics as secondary
days to comply
packaging materials and to prepare quarterly
with the ordinance
report on the progress of the implementation
of this ordinance
PROHIBITED:
ALLOWED:
1. Using, Selling and Providing Secondary Plastics
Woven bags, fabric carry bags and inside the premises of the mall
recyclable paper bags are allowed
2. Entry of Secondary Plastic bags in mall
alternatives.
premises
PENALTIES: