Wednesday, November 03, 2010

Hey, Mr. President Aquino, where's the list of Non Environmentally Acceptable Products?

Chapte 4, Article 4, Section 29 of the Solid Waste Management Act orders:

Section 29. Non-Environmentally Acceptable Products - Within one (1) year from the effectivity of this Act, the Commission shall, after public notice and hearing, prepare a list of nonenvironmentally acceptable products as defined in this Act that shall be prohibited according to a schedule that shall be prepared by the Commission: Provided, however, That non-environmentally acceptable products shall not be prohibited unless the Commission first finds that there are alternatives available which are available to consumers at no more than ten percent (10%) greater cost than the disposable product.

The Commission cited refers to the National Solid Waste Management Commission:

Chapter 2, Section 4. National Solid Waste Management Commission - There is hereby established a National Solid Waste Management Commission, hereinafter referred to as the Commission, under the Office of the President. The Commissioner shall be composed of fourteen (14) members from the government sector and three members from the private sector. The government sector shall be represented by the heads of the following agencies in their ex officio capacity:

(1) Department of Environment and Natural Resources (DENR);
(2) Department of the Interior and Local Government (DILG);
(3) Department of Science and Technology (DOST);
(4) Department of Public Works and Highways (DPWH);
(5) Department of Health (DOH);
(6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
(8) Metro Manila Development Authority (MMDA);
(9) League of provincial governors;
(10) League of city mayors;
(11) League of municipal mayors;
(12) Association of barangay councils;
(13) Technical Education and Skills Development Authority (TESDA); and
(14) Philippine Information Agency.

The private sector shall be represented by the following:

(a) A representative from nongovernment organizations (NGOs) whose principal purpose is to promote recycling and the protection of air and water quality;
(b) A representative from the recycling industry; and
(c) A representative from the manufacturing or packaging industry;

RA 9003 Solid Waste Management Act Section 48 Prohibited Acts, Section 49 Penalties

CHAPTER VI
PENAL PROVISIONS

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 -

(a) 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;

(b) 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;

(c) 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;

(d) 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.

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).

(e) 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;

(f) 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.

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.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings.

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

Tuesday, November 02, 2010

Mai Mislang's tweet, a non-issue

Sure, it is embarrassing for an Assistant Secretary of the Philippines to tweet that the wine served at an official engagement in Vietnam sucked, that the streets of Vietnam are a hazard, and that the men there are fugly.

But, really, what does it amount to? Not much.

This is perhaps why good ol' Conrado the brother of recently appointed SSS Chief found it timely to chime in his opinion about Mai Mislang.
You’re a silly person visiting Vietnam with your silly boyfriend and you say those silly things in public, they are pretty harmless, or you harm only yourself. You’re a silly public official visiting Vietnam with your serious boss, the President, and you say those silly things in public, they are not harmless, you harm your boss. By now those tweets will have been read by the Vietnamese Embassy and the other Asean embassies. At the time Mislang put them out, P-Noy was telling the other Asean countries to “speak with one voice.” The irony will not be lost on the people in those embassies, not all of whom are silly.
Besides, if you can be tasteless in this respect, what makes you think you can’t be so in others? If you can be tasteless in this respect, what makes you think you can tell good wine from bad? If you are tasteless in this respect, what makes you think you can tell pogi from not?
If you can be tasteless in this respect, what makes you think the Vietnamese ambassador might not say, “We’d be most happy if you’d cross our streets more often”?


Small minds see small things and while keys tap as fast as mouths blabber, Mai Mislang's tweet masks the real ineptitude that is going on in the Aquino Administration.

I guess, before we ask President Aquino to send Mai Mislang's neck to the chopping block, we ought to ask him to lop of the heads of some of his more senior officials.

DILG Usec. Rico Puno comes to mind.... And perhaps we can extend it further to inept local government officials like, Manila Mayor Alfredo Lim.

Anyway, I think Mai Mislang is just an easy target. Iyon lang ang kaya nila eh.
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