RA 9003Solid Waste Management Act

Prohibited Acts and Penalties (Secs. 48 & 49)

Prohibited Acts and corresponding penalties

(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same.

Fine: P300 – P1,000, or

Community service: 1-15 days in LGU where violation was

made, or both.

(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in established pursuant.

Penalty

Fine: P300 – 1,000, or

Imprisonment: 1-15 days, or both

(3) The open burning of solid waste.

Penalty

Fine: P300 – 1,000, or

Imprisonment: 1-15 days, or both

Fine: P1,000 – P3,000, or

Imprisonment: 1-15 days, or both.

(4) Causing or permitting the collection of non-segregated or unsorted wastes.

(5) Squatting in open dumps and landfills.

Penalty

Fine: P1,000 - 3,000, or

Imprisonment: 15 days – 6 months, or both

(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas.

Penalty

Fine: P1,000 – 3,000, or

Imprisonment: 15 days – 6 months, or both

(7) Unauthorized removal of recyclable material intended for collection by authorized persons;

Penalty

Fine: P1,000 – 3,000, or

Imprisonment: 15 days – 6 months, or both

First Offense: Fine of P5,000 + 5-10% of net income during the previous year

(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal.

(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37.

Penalty

First Offense:

Fine of P500,000 + 5-10% of net income during the previous year;

Subsequent Violations: Imprisonment of 1-3 yrs. In addition to the fine.

(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials

Penalty

First Offense:

Fine of P500,000 + 5-10% of net income during the previous year;

Subsequent Violations:

Imprisonment of 1-3 yrs. In addition to the fine.

(11) Importation of consumer products packaged in non-environmentally acceptable materials.

Penalty

First Offense:

Fine of P500,000 + 5-10% of net income during the previous year

Penalty

Fine: P10,000 – 200,000, or

Imprisonment: 30 days – 3 years, or both

(12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content"

(13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or facilities prescribe under this Act.

Penalty

Fine: P10,000 – P200,000, or

Imprisonment: 30 days – 3 years, or both

(14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU

Penalty

Fine: P100,000 – P1M, or

Imprisonment: 1-6 years, or both

(15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfill.

Penalty

Fine: P100,000 – P1M, or

Imprisonment: 1-6 years, or both

Penalty

Fine: P100,000 – P1M, or

Imprisonment: 1-6 years, or both

(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof

What kind of case may be filed?

The following cases or actions may be filed:

1. Civil

2. Criminal

3. Administrative

Citizen SuitAny citizen may file civil, criminal or administrative action against:

1. Any person who violates or fails to comply with RA 9003 and its IRR.

2. DENR or other implementing agencies for orders, rules and regulations inconsistent with RA 9003.

3. Public officer who willfully or grossly neglects performance of duty, abuses his authority, and in any manner, improperly performs his duties under RA 9003 and its IRR

What does RA 9003 require before a case or suit can be filed?

RA 9003 provides that no case or suit can be

filed until after a public officer or alleged violator has

been given a 30-day notice during which no

appropriate action has been taken by the alleged

offender.

Yes. The law provides that the fine and/or penalty shall be imposed upon conviction.

The requirement of conviction means that a case has to be filed in court against a person who commits a prohibited act and judgment has to be rendered by the court finding the person guilty of committing the prohibited act.

Is conviction required before the fine and/or penalty can be imposed on someone who committed a prohibited act under RA 9003?

I f the prohibited act is committed by a corporation , partnership, or other juridical entity duly organized in accordance with law, who shall be liable for the offense committed?

The chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable.

What additional penalty will be imposed if the offender is an alien?

If the offender is an alien, he or she shall be

deported without further administrative proceedings

after serving his/her sentence.

Are the fines prescribed in RA 9003 fixed amounts?

No. The fines prescribed under RA 9003 shall

be increased by at least 10 percent every three years

to compensate for inflation and to maintain the

deterrent function of such fines.

SLAPP (Strategic Lawsuit Against Public Participation)

Refers to cases filed against those who file citizen suit by any person, institution or other implementing agency.

TEST: Whether or not said legal action is to harass, vex, exert undue pressure or stifle legal resources.

30 days for investigating prosecutor to determine

If SLAPP, case dismissed with attorney’s fees and double damages.

ENDResources:

http://sdsap.org/data/RA9003.pdf

http://ecogovproject.denr.gov.ph/Downloads/Publications/Handbook_on_RA_9003.pdf