Republic Act (RA) 9003, otherwise known as the Ecological Solid Waste Management Act of 2000, was approved on January 26, 2001. It has been more than 24 years since this law took effect, but its implementation still leaves so much to be desired.
Section 10 of RA 9003, pursuant to the relevant provisions of the Local Government Code, mandates that local government units (LGUs) shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions.
Sadly, despite this mandate, as provided for in Section 44, not a single LGU in the Province of Cebu has its own sanitary landfill or a common waste disposal facility. The existing sanitary landfills in Cebu City, City of Naga, and Consolacion that are compliant with this law are privately owned.
Recently, hazardous medical wastes were found dumped in a lot in Barangay Libjo, Tabogon in northern Cebu. However, all the Department of Health 7 did was condemn the illegal dumping of these hazardous wastes without pursuing the responsible party. It’s unnerving!
Under Section 44 – Establishment of Common Waste Treatment and Disposal Facilities – pursuant to Section 33 of RA 7160, otherwise known as the Local Government Code, “all provinces, cities, municipalities and barangays, through appropriate ordinances, are hereby mandated to consolidate or coordinate their efforts, services, and resources for purposes of jointly addressing common solid waste management problems and/or establishing common waste disposal facilities. The Department, the Commission, and local solid waste management boards shall provide technical and marketing assistance to the LGUs.”
The National Solid Waste Management Commission, under the Office of the President, is composed of 14 members from the government sector and three from the private sector. It oversees the implementation of this Act, but it has yet to administratively sanction local government officials who have miserably failed to comply with and enforce this law.
Worse, there are LGUs that are still utilizing open dumpsites that this Act already bans. Yet, the responsible LGU officials have not been administratively sanctioned by the Commission for their failure to comply with the law. The LGUs’ compliance with RA 9003 is lackadaisical because the Commission is practically sleeping on its job.
I truly doubt if Section 32 of this law, pertaining to the establishment of the Materials Recovery Facility (MRF) in every barangay or cluster of barangays, has been complied with. The law requires the establishment of the MRF in a barangay-owned or -leased land or any suitable open space.
On the other hand, the use of plastic bags in supermarkets and shops, considered a common denominator in the cause of floods as these clog drainage or canals (most people don’t care much where they throw them after use), is now restricted under RA 11898, which was approved on July 23, 2022. RA 11898 is an amendment to RA 9003.
In relation to RA 11898, newly installed Lapu-Lapu City Mayor Cindi King-Chan, as her first act in office, signed Memorandum 001-2025 to minimize the use of plastics at City Hall. Mayor Cindi swapped posts with her husband, Ahong Chan, now the elected representative of the lone district of Lapu-Lapu City, in the last elections.
The mayor’s order merely encourages City Government employees to reduce their use of disposable plastic items in meetings, events, and daily operations. In this memo, employees are also urged to use reusable water bottles, food containers, and utensils. But without an accompanying fine or penalty, I doubt this memorandum would be significant.
Enforcing a citywide ban on single-use plastics without fines or penalties could be challenging. Existing city ordinances, such as the Environmentally Friendly Ordinance of Lapu-Lapu City of 2019, already regulate single-use plastics and prohibit the use of plastic drinking straws.
Businesses in Lapu-Lapu City are also required to avoid single-use plastics on Fridays, Saturdays, and Sundays, with some exceptions. To effectively enforce a ban without fines or penalties, Mayor Chan might focus on:
• Education and Awareness: Organizing workshops, campaigns, or public awareness programs to educate citizens, businesses, and LGU employees about the importance of reducing single-use plastics.
• Alternative Solutions: Promoting eco-friendly alternatives, such as reusable bags, containers, and paper-based packaging, and encouraging businesses to adopt sustainable practices.
• Community Engagement: Encouraging community participation in clean-up initiatives, recycling programs, and other environmental activities to foster a sense of ownership and responsibility.
It’s worth noting that some experts believe a nationwide ban on single-use plastics, as proposed in the Ecological Solid Waste Management Act, could be more effective in addressing plastic pollution.