Republic of the Philippines
City of Davao
OFFICE OF THE SANGGUNIANG BARANGAY
Barangay Daliao, Toril District
BARANGAY ORDINANCE NUMBER 07
(Series of 2019)
AN ORDINANCE REGULATING THE UTILIZATION OF SINGLE-USE PLASTICS IN THE BARANGAY
WHEREAS, the Sangguniang Barangay is tasked by the Local Government Code to promote the general welfare of the people of Daliao;
WHEREAS, the protection and preservation of the environment is the responsibility of all sectors in the community;
WHEREAS, the use of single-use plastics has been found to be harmful to the environment which contributes to pollution, flooding and other environmental dangers;
NOW THEREFORE, on motion of Kagawad Christopher Ryan Maboloc as sponsor, duly seconded by Kagawad Joven Anthony Mulat as co-sponsor,
BE IT ORDAINED BY THE SANGGUNIANG BARANGAY IN SESSION ASSEMBLED THAT:
TITLE OF THE ORDINANCE
Section 1. This Ordinance shall be known as “AN ORDINANCE REGULATING THE UTILIZATION OF SINGLE-USE PLASTICS IN THE BARANGAY.”
COVERAGE
Section 2. This Ordinance shall apply to all barangay residents and visitors, public offices, schools, private enterprises, commercial stores, and similar entities.
PURPOSES OF ORDINANCE
Section 3. This Ordinance is enacted in view of the following purposes:
a. To help protect the environment from the many harmful effects caused by the utilization of single-use plastics;
b. To promote the health and total well-being of barangay residents and the community in general;
DEFINITION OF TERMS
Section 4. The term used in this Ordinance shall be defined as follows:
a. Single Use Plastic – refers to “sando” bags or plastic containers, thin, flexible, plastic films, or similar primary packaging materials made of polyethylene, polypropylene including plastic drinking straws, plastic stirrers, and twine straws.
RULES AND REGULATION ON THE USE OF SINGLE USE PLASTICS
Section 5. The following shall be the rules governing the prohibition of the utilization of the single-use plastics:
a. No business shall be allowed to distribute sell and use polystyrene/Styrofoam containers that will be used for goods or items purchased or serve food or drink, take out or dine in;
b. The distribution, sale and use of Styrofoam is allowed only on ice chest and construction building materials but the disposal of it after its life, use or wastage/excesses shall be the responsibility of the user and there is no instance that it will be included in the household, market, institutional and commercial solid waste streams;
c. In certain cases, e.g. factory or company packaged products; the use of primary packaging materials like single use, thin flexible plastic films for wet and dry items is allowed. Such use is considered in order to preserve and not to contaminate with Salmonella and other microorganism like processed poultry, livestock products, cold cuts, ice candy, munchies, TV party foods, fat snacks, finger foods and other junk foods.
d. No business shall be allowed to distribute sell and use polystyrene/Styrofoam containers that will be used for goods or items purchased or serve food or drink, take out or dine in;
e. The distribution, sale and utilization of polyethylene, polypropylene (PP) heavy duty, thick, microwave safe, recyclable, washable, reusable, manufactured containers through blow molding process, multi-use type of plastic bags, containers are allowed.
Section 6. The following shall be the responsibility of households and barangay residents:
a. Residents are encouraged to provide for themselves polyethylene, polypropylene reusable, recyclable, multi-use plastic bags and containers;
b. Residents are encouraged to decline, reject checkout plastic wrappers/small plastic bags when buying dried small items from all sources like ball pen, CD, candy, and the like that do not require secondary packaging materials;
c. Residents are encouraged not to procure condiments contained in plastics but opt to buy the same in bottle, recyclable and mold blowing processed plastic container/vessel. If this is not possible due to economic constraint, they are encouraged to bring with them appropriate containers for such condiments and among others;
d. Parents are encouraged to use reusable and washable containers and utensils for the food of their school children;
e. The use of garbage bag as garbage receptacle or container for solid waste materials is not prohibited but discouraged.
FINES AND PENALTIES
Section 7. The following are the fines and penalties for the violation of the above rules and regulation:
a. All private enterprises, commercial stores, and similar entities violating any of the above rules and regulations shall be fined the amount of ______ pesos for the first offense and ______ pesos for the subsequent violations.
b. All private citizens or barangay residents violating any of the above regulations shall be fined the amount of _____ pesos for the first offense and ______ pesos, including 15 hours of community service or both at the discretion of the court, for the subsequent violations.
IMPLEMENTING BODY IN THE BARANGAY
Section 8. The chairman of the Sangguniang Barangay Committee on Environment and Solid Waste Management shall form and head the Task Force on Single-Use Plastics within 90 days after the passage of this ordinance.
Section 9. The Task Force on Single-Use Plastics shall consist of 30 members who shall come from representatives of purok leaders, Sangguniang Kabataan, women’s organizations, barangay tanods, schools, commercial, and private enterprises.
FUNCTIONS OF THE TASK FORCE
Section 10. The functions of the Task Force are as follows:
a. The Task Force on Single Use Plastics shall introduce a massive education campaign drive in the barangay informing the residents on the harmful effects of single use plastics;
b. The Task Force shall monitor, receive complaints and information, and report any violation of this ordinance to the Punong Barangay for proper action;
c. The chair of the Task Force shall submit a quarterly report to the Sangguniang Barangay regarding the status of the implementation of this ordinance;
COLLECTION OF FINES
Section 11. All fines collected from any violation of this ordinance shall be deposited to the City Treasurer’s Office in the name of the barangay. An official receipt shall be issued by the barangay treasurer for every fine collected.
MISCELLANEOUS PROVISIONS
Section 12. Separability Clause. If any provision of this Ordinance or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of this Ordinance or the application of such provision to other persons or entities or circumstances shall not be affected by such declaration.
Section 13. Repealing Clause. All previous barangay ordinances and resolutions of the Sangguniang Barangay found to be inconsistent herein are hereby repealed or modified accordingly.
Section 14. Effectivity. – This Ordinance shall take effect after its publication in three conspicuous places in the barangay accordance with the provisions of the Local Government Code of 1991.
UNANIMOUSLY PASSED _________________ during the Sangguniang Barangay regular session held at the Session Hall, Daliao, Toril, Davao City.
Approved:
RODOLFO B. TE
Punong Barangay
