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PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 9003

ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

Section 48. Prohibited Acts – The following acts are prohibited:

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;

2. Undertaking activities or operating, collecting or transporting equipment


in violation of sanitation operation and other requirements or permits set
forth in established pursuant;

3.The open burning of solid waste;

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


wastes;

5. Squatting in open dumps and landfills;

6. Open dumping, burying of biodegradable or non-biodegradable materials


in flood prone areas;

7. Unauthorized removal of recyclable material intended for collection by


authorized persons;

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;

10. The manufacture, distribution or use of non-environmentally acceptable


packaging materials;

11. Importation of consumer products packaged in non-environmentally


acceptable materials;

12. Importation of toxic wastes misrepresented as "recyclable" or "with


recyclable content";

13. Transport and dumplog in bulk of collected domestic, industrial,


commercial, and institutional wastes in areas other than centers or facilities
prescribe under this Act;
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;

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

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.

Section 49. Fines and Penalties

1. Any person who violates Sec. 48 paragraph (1) shall, upon conviction,
be punished with a fine of not less than Three hundred pesos (P300.00) but
not more than One thousand pesos (P1,000.00) or render community
service for not less than one (1) day to not more than fifteen (15) days to an
LGU where such prohibited acts are committed, or both;

2. Any person who violates Sec. 48, pars. (2) and (3), shall, upon
conviction be punished with a fine of not less than Three hundred pesos
(P300.00) but not more than One thousand pesos (P1,000.00) or
imprisonment of not less than one (1) day but to not more than fifteen (15)
days, or both;

3. Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon
conviction, be punished with a fine of not less than One thousand pesos
(P1,000.00) but not more than Three thousand pesos (P3,000.00) or
imprisonment of not less than fifteen (15) day but to not more than six (6)
months, or both;

4. Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first
time shall, upon conviction, pay a fine of Five hundred thousand pesos
(P500,000.00) plus and amount not less than five percent (5%) but not
more than ten percent (10%) of his net annual income during the previous
year.

5. The additional penalty of imprisonment of a minimum period of one (1)


year but not to exceed three (3) years at the discretion of the court, shall be
imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

6. Any person who violates Sec. 48, pars. (12) and (13) shall, upon
conviction, be punished with a fine not less than Ten thousand pesos
(P10,000.00) but not more than Two hundred thousand pesos
(P200,000.00) or imprisonment of not less than thirty (30) days but not
more than three (3) years, or both;

7. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
conviction, be punished with a fine not less than One hundred thousand
pesos (P100,000.00) but not more than One million pesos (P1,000,000.00),
or imprisonment not less than one (1) year but not more than six (6) years,
or both.

8. If the offense is committed by a corporation, partnership, or other


juridical identity duly recognized in accordance with the law, the chief
executive officer, president, general manager, managing partner or such
other officer-in-charge shall be liable for the commission of the offense
penalized under this Act.

9. If the offender is an alien, he shall, after service of the sentence


prescribed above, be deported without further administrative proceedings.

10. The fines herein prescribed shall be increased by at lest ten (10%)
percent every three (3) years to compensate for inflation and to maintain
the deterrent functions of such fines.

Section 50. Administrative Sanctions – Local government officials and


officials of government agencies concerned who fail to comply with and
enforce rules and regulations promulgated relative to this Act shall be
charged administratively in accordance with R.A. 7160 and other existing
laws, rules and regulations

PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 8749


PHILIPPINE CLEAN AIR ACT OF 1999

Section 1. Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in the Act and these
Implementing Rules and Regulations, fine of not less than Ten Thousand
Pesos (P 10,000.00) but not more than One Hundred Thousand Pesos (P
100,000.00) or six (6) years imprisonment or both shall be imposed. If the
offender is a juridical person, the president, manager, directors, trustees,
the pollution control officer or officials directly in charge of the operations
shall suffer the penalty herein provided.

Section 2. Burning of Municipal Waste


Any person who burns municipal waste in violation of Sections 1 and 3 of
Rule XXV shall be punished with two (2) years and one (1) day to four (4)
years imprisonment.
Section 3. Burning of Hazardous Substances and Wastes Any person who
burns hazardous substances and wastes in violation of Section 1 of
Rule XXV shall be punished with four (4) years and one (1) day to six (6)
years imprisonment.

Section 4. Burning of Bio-Medical Waste. Any person who burns bio-


medical waste in violation of Section 4 of Rule XXV shall be punished with
four (4) years and one (1) to six (6) years imprisonment.

Section 5. Smoking in Public Places Any person who smokes inside a


public building or an enclosed public place, including public
utility vehicles or other means of public transport or in any enclosed area
outside of his private residence, private place of work or any duly
designated smoking area shall be punished with six (6) months and one (1)
day to one (1) year imprisonment or a fine of ten thousand pesos (P
10,000.00).

Section 6. Manufacture, Importation, Sale, Offer for Sale, Introduction into


Commerce, Conveyance or other Disposition of Leaded Gasoline.
Any person who manufactures, imports, sells, offers for sale, introduces
into commerce, conveys or otherwise disposes of, in any manner leaded
gasoline shall be punished with three (3) years and one (1) day to five (5)
years imprisonment and liable for the appropriate fine as provided
in Section 1.

Section 7. Manufacture, Importation, Sale, Offer for Sale, Introduction into


Commerce, Conveyance or other Disposition of Engines and/or Engine
Components Requiring Leaded Gasoline.

Any person who manufactures, imports, sells, offers for sale, introduces
into commerce,
conveys or otherwise disposes of, in any manner engines and/or engine
components which require the
use of leaded gasoline shall be punished with three (3) years and one (1)
day to five (5) years
imprisonment and liable for the appropriate fine as provided in Section 1.

Section 8. Manufacture, Importation, Sale, Offer for Sale, Dispensation,


Transportation or Introduction into Commerce of Unleaded Gasoline Fuel
which do not Meet the Fuel

Specifications.

Any person who manufactures, sells, offers for sale, dispenses, transports
or introduces into commerce unleaded premium gasoline fuel in violation of
Section 3 of Rule XXXI or which do not meet the fuel specifications as
revised by the DOE shall be punished with three (3) years and one (1) day
to five (5) years imprisonment and liable for the appropriate fine as
provided in Section 1.

Section 9. Manufacture, Importation, Sale, Offer for Sale, Dispensation,


Transportation or Introduction into Commerce of Automotive Diesel Fuel
which do not Meet the Fuel.

Specifications.

Any person who manufactures, sells, offers for sale, dispenses, transports
or introduces into commerce automotive diesel fuel in violation of Section 3
of Rule XXXI or which do not meet the fuel specifications as revised by the
DOE shall be punished with three (3) years and one (1) day to five (5)
years imprisonment and liable for the appropriate fine as provided in
Section 1.

Section 10. Manufacture, Importation, Sale, Offer for Sale, Dispensation,


Transportation or Introduction into Commerce of Industrial Diesel Fuel
which do not Meet the Fuel

Specifications.

Any person who manufactures, sells, offers for sale, dispenses, transports
or introduces into
commerce industrial diesel fuel in violation of Section 3 of Rule XXXI or
which do not meet the fuel
specifications as revised by the DOE shall be punished with three (3) years
and one (1) day to five (5)
years imprisonment and liable for the appropriate fine as provided in
Section 1.

Section 11. Manufacture, Processing, Trade of Fuel or Fuel Additive


Without Prior Registration of the Fuel or Fuel Additive with the DOE.

Any person who manufactures, processes, or engages in the trade of any


fuel or fuel additive without having the fuel or fuel additive registered with
the DOE shall be punished with two (2) years and one (1) day to four (4)
years of imprisonment and liable for the appropriate fine as provided
in Section 1.

Section 12. Misfuelling.


Misfuelling refers to the act of introducing or causing or allowing the
introduction of leaded gasoline into any motor vehicle equipped with a
gasoline tank filler inlet and labeled “unleaded gasoline only.”

Any person who misfuels shall be punished with one (1) year and one (1)
day to three (3) years imprisonment or a fine of twenty thousand pesos (P
20,000.00)

able 1. Income Classes in the Income Distribution, Income


Thresholds and Sizes of Income Classes in 2012

Income Class Definition Range of Monthly Size of Class (i.e.


Family Incomes Number of
(for a Family Size Households
of 5 members)

Poor Per capita income Less than PHP 4.2 million


less than official 7,890 per month
poverty threshold

Low income (but Per capita incomes Between PHP 7,890 7.1 million
not poor) between the poverty to PHP 15,780 per
line and twice the month
poverty line

Lower middle Per capita incomes Between PHP 5.8 million


income between twice the 15,780 to PHP
poverty line and 31,560 per month
four times the
poverty line

Middle class Per capita incomes Between PHP 3.6 million


between four times 31,560 to PHP
the poverty line and 78,900 per month
ten times the
poverty line

Upper middle Per capita incomes Between 470 thousand


income between ten times PHP78,900 to PHP
the poverty line and 118,350 per month
fifteen times the
poverty line

Upper income Per capita incomes Between PHP 170 thousand


(but not rich) between fifteen 118,350 to PHP
times the poverty 157,800
line and twenty
times the poverty
line

Rich Per capita incomes At least PHP 150 thousand


at least equal to 157,800
twenty times the
poverty line

Note: Author’s calculations on data sourced from 2012 Family Income and
Expenditure Survey (FIES), Philippine Statistics Authority

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