Anti-Littering Law: 10 Things You Should Know
What is the Anti-Littering Law?
The Anti-Littering Law is MMDA Regulation No. 96-009 entitled, “PROHIBITING LITTERING/DUMPING/THROWING OF GARBAGE, RUBBISH OR ANY KIND OF WASTE IN OPEN OR PUBLIC PLACES, AND REQUIRING ALL OWNER’S, LESSEES, OCCUPANTS OF RESIDENTIAL, COMMERCIAL ESTABLISHMENTS, WHETHER PRIVATE OR PUBLIC TO CLEAN AND MAINTAIN THE CLEANLINESS OF THEIR FRONTAGE AND IMMEDIATE SURROUNDINGS AND PROVIDING PENALTIES FOR VIOLATION THEREOF”, which was enacted into law by the Metro Manila Council on the 22nd Day of August, 1996. The regulation was amended on May 6, 1999 by MMDA Regulation No. 99-006. When did the Anti-Littering Law take effect?
The law originally took effect on September 15, 1996. The implementation of the law was suspended last August 2002. The law will again be implemented in Metro Manila starting September 16, 2010. What acts are prohibited by the Anti-Littering Law?
The Anti-Littering Law prohibits the following acts:
Littering, Illegal dumping, Illegal disposal of garbage;
Urinating, defecating, spitting in a public place;
Dirty frontage and immediate surroundings for establishment owners; Improper and untimely stacking of garbage outside residence or establishment;
Obstruction (any dilapidated appliance, vehicle, and etc., display of merchandise, illegal structure along sidewalk); Dirty public utility vehicles, or no trash can or receptacle; Spilling, scattering, littering of wastes by public utility vehicles; and
Illegal posting or installed signage, billboards, posters, streamers and movie ads., etc.
Who has authority to apprehend violators of this law?
The MMDA will have deputized Environmental Enforcers monitoring the major thoroughfares of Metro Manila. These Environmental Enforcers (EE) will initially be in their mint green polo-shirt uniform (with MMDA logo), with identification cards (both employee ID and Deputation ID) clearly visible and displayed. They will be in charge of issuing Environmental Violation Receipts (EVR) to persons caught violating the Anti-Littering Law. The EE’s ID shall contain a written Deputation Order, stating the name and deputation number of the EE, his authority to issue EVRs, and until when the order is effective. How much is the fine if you violate this law?
The penalties for violating the provisions of the Anti-Littering law, according to the nature of offenses, are as follows: Code Nature of Offense Option 1 (Payment of Fines) Option 2 (Render Community Service)
01 Littering, Illegal dumping, Illegal disposal of garbage P500.00 8 hours (1 day) 02 Urinating, defecating, spitting in a public place P500.00 8 hours (1 day)
03 Dirty frontage and immediate surroundings for establishment owners P1000.00 16 hours (2 days)
04 Improper and untimely stacking of garbage outside residence or establishment P500.00 8 hours (1 day)
05 Obstruction (any dilapidated appliance, vehicle, and etc., display of merchandise, illegal structure along sidewalk) P1000.00 16 hours (2 days)
06 Dirty public utility vehicles, or no trash can or receptacle P500.00 8 hours (1 day)
07 Spilling, scattering, littering of wastes by public utility vehicles P500.00 8 hours (1 day)
08 Illegal posting or installed signage, billboards, posters, streamers and movie ads., etc. P1000.00 16 hours (2 days)
What is the MMDA’s protocol in deploying Environmental Enforcers?
Environmental Enforcers will be deployed in teams. Each team will have a team leader and an assistant team leader, who will both have the exclusive authority to issue EVRs. These two will be assisted by one photographer and one recorder to document each apprehension made by their team leader or assistant team leader.
A spotter shall be deployed by the MMDA for each team to monitor possible violators of the agency’s regulations. It is the spotter’s duty to bring the violator to the Environmental Enforcer for issuance of ticket. The Environmental Officer should tell the violator of the details of his/her violation, and the proper payment process. What are the procedures for payment of administrative fines?
Upon apprehension, a violator will be given an option to either pay the fine, or to render community service. For payment of fines or rendering of Community Service, the following procedures should be observed:
Option 1 (Payment)
Report to MMDA HPSEPO for Order of Payment of the charged Administrative Fine according to the nature of offense committed. Go to the MMDA Treasury Operations Service for the payment of fine Submit the initial receipt to HPSEPO for clearance and documentation Option 2 (Community Service)
Report to MMDA HPSEPO for proper orientation on the Environmental Regulations Schedule and Instruction Render Community Service
Go to HPSEPO for clearance and issuance of Certificate of Compliance
What if I don’t pay the fine nor render Community Service?
If you do not show-up within 3-days after the receipt of the apprehension, you will be given the 1st summon which will only be valid for 15 days. If you still don’t settle your violation within 15 days, you will be given the 2nd summon which is also valid for 15 days. If you still don’t settle your violation after 15 days, the final summon, which is valid for 1 (one) month, will be given to you.
If you still ignore the final summon, your case will be filed at the Metropolitan Trial Court of the city where you were apprehended. If you do not show up to the scheduled hearings, you will be given a Warrant of Arrest. In addition, your violation will be forwarded to the NBI.
Failure to pay the administrative fine of P500 or render 8 hours Community Services shall be penalized, after conviction, by a fine of One Thousand Pesos (P1,000.00), or imprisonment of three (3) to seven (7) days, or both, at the discretion of the court.
Failure to pay the administrative fine of P1,000 or render 16 hours of Community Service shall be penalized, after conviction, by a fine of Two Thousand Pesos (P2,000.00) or imprisonment of seven (7) days to one (1) month, or both, at the discretion of the court.
If I have a pending violation of the Anti-littering law, will it be possible for me to obtain an NBI clearance? If not, what is the procedure for getting myself cleared from the violation?
No, you will not be able to get an NBI clearance. To clear your record, you need to go to the MMDA and pay your fine. After paying, go to the HPSEPO and get your “Motion to Withdraw Information” certificate signed by the Senior Prosecutor of the DOJ. After this, bring the “Motion to Withdraw Information” certificate to the concerned Metropolitan Trial Court (MTC). After submitting, the MTC will give you the “Certificate of No Case.” Finally, bring your “Certificate of No Case” so that you’ll be allowed to obtain an NBI Clearance.
What do I do if I want to protest my EVR or file a complaint against an Environmental Enforcer?
If you feel your EVR was issued without any legal basis or in violation of the protocol, you may contest by going to the MMDA-HPSEPO Adjudication Office (7th floor MMDA Main Bldg. EDSA cor. Orense St. Guadalupe Nuevo, Makati City) to fill-up the protest form indicating all relevant details regarding your complaint, within 1 week (7 days) after the receipt of the apprehension.