Legal basis and policy intent
- The Metro Manila Council enacted the regulation pursuant to Section 6 of Republic Act No. 7924.
- Republic Act No. 7924 created the Metropolitan Manila Development Authority (MMDA) and mandates it to formulate and implement policies, rules, standards, programs, and projects for health and sanitation, enhancement of ecological balance, and prevention, control, and abatement of environmental pollution.
- The regulation is designed to address the major problem of indiscriminate dumping/throwing/littering of garbage, refuse, filth, and other solid waste in public places and waterways/outlets.
- The regulation rests on the duty of Metropolitan Manila constituents to keep their respective surroundings clean and wholesome.
Core definitions and covered places
- “Solid Waste” means refuse arising from human, animal, and industrial activities that are normally solid in nature and discarded as useless and/or unwanted; it includes garbage, rubbish, junk vehicles and appliances, industrial and special waste, and waste generated from residential, market, commercial, street sweeping, construction and demolition debris.
- “Domestic Waste” includes food residues and spoilages, paper and other products, metals, plastics and rubber, rugs and clothes, process residues, yard trimmings and woods.
- “Junk vehicles and appliances” are abandoned vehicles and metal products such as refrigerators, air-conditioners, televisions, etc.
- “Industrial Waste” includes organic and inorganic residues, hazardous material, hazardous and toxic chemicals, metals and wood.
- “Special Waste” includes bulky wastes, sewage residues, streets sweepings, pollution control residues, pathological (hospital) waste, and construction and demolition debris.
- “Open public place” includes roads, streets, sidewalks, easements, parks and other open spaces, bridges, alleys, overpasses, rivers, creeks, canals, drainage, esteros, waterways, and other bodies of water and outlets.
- “Covered public places” includes numerous indoor places where people stay or gather, including schools, colleges, universities, museums, clinics, health centers, dispensaries, laboratories, government or private offices, auditorium/stadium/gymnasium/session halls, churches, convention centers, theaters/movie houses/studios, restaurants, bars, day and night clubs, hotels, motels, department stores, markets/groceries, factories, plants, and similar enclosed public eating, social, education, religious, sports, or entertainment venues.
- “Immediate surroundings” refers to the frontage, including up to the mid-span of the road, alley or avenue (excluding highways and major thoroughfares) from the edge of the street gutter and sidewalks of residential houses/dwelling units and business/commercial establishments/offices.
- “River, canals, drainage and other water outlets” refers to all waterways and outlets within Metro Manila’s jurisdictional boundaries.
- “Street and Sidewalk obstructions” means any immovable and bulky waste that obstructs or impedes vehicular and pedestrian traffic due to its size and weight.
Prohibited acts and required cleanliness
- Dumping/throwing/littering is prohibited: any person may not dump, throw, or litter garbage, refuse, or any form of solid waste in public places and immediate surroundings, including vacant lots, rivers, canals, drainage and other defined ways, and may not urinate, defecate, or spit in public places.
- Owners/residents/occupants must maintain cleanliness: owners/residents, lessees or occupants of residential houses/dwelling units and vacant lots, and owners, proprietors, operators, administrators, or dormitories, condominiums and similar entities for commercial buildings and offices (private or public institutions such as schools and churches) must sweep clean every day and maintain cleanliness of their frontage and immediate surroundings, including sidewalks and street gutters fronting their premises.
- Prohibition on taking out garbage on the property line: it is unlawful for residential and commercial establishments to bring out garbage on the property line; garbage must be stored in properly sealed plastic containers and brought outside only upon arrival of the authorized garbage hauling trucks in the locality.
- Obstruction by immovable bulky items is prohibited: it is unlawful to place, store, or dump construction wastes/debris, junked or under repair vehicles, dilapidated appliances, and other immovable objects in any part of the road, street, avenue, or sidewalk in a manner that obstructs or impedes traffic.
- Public utility vehicle cleanliness is required: owners, operators, drivers, and conductors of public utility vehicles plying within the metropolis must clean and maintain cleanliness of their vehicles at all times and must provide modest trash receptacles inside the vehicles.
- Transporters and owners must not spill/scatter: owners, operators, proprietors of public conveyance (including trucks, lorries, tankers, delivery vans, and other commercial/transport facilities) may not spill, scatter, or litter any waste or any part of their loads on any part of the road, street, or avenue en route to destination.
- Domestic waste disposal contracts for community groups require authorization: it is unlawful for any person or group to enter into a contract or offer services for a fee for disposal of domestic waste to a group of household in a community unless authorized and permitted by the concerned local government unit or homeowners’ associations in private subdivisions in the form of livelihood projects that propagate reduction, recycling and reuse of waste.
- Visual clutter/billboards in public right-of-way are prohibited: it is unlawful for persons or corporations (including advertising/promotion companies, movie producers, professionals, and service contractors) to post, install, display billboards, signs, posters, streamers, professional service advertisements, and other visual clutters in any part of the road, sidewalk, center island, posts, trees, parks, and open space.
Inspection and enforcement schedule
- The MMDA or its deputized representatives, agents, and sanitary enforcers shall implement and supervise strict compliance with the regulation.
- Regular inspection is conducted daily for residential and commercial establishments during 7:00 a.m. to 9:00 a.m. and again during 5:00 p.m. to 7:00 p.m.
- Inspections are aimed at determining compliance with the guidelines under Section 2 paragraph (c) relating to the proper handling and timing of bringing out garbage in sealed containers upon arrival of authorized garbage hauling trucks.
Administrative and criminal penalties
- Violations of Section 2(a), Section 2(c), Section 2(e), and Section 2(f) incur an administrative fine of PHP 500.00 or community service of one (1) day.
- Non-payment after conviction for violations under Section 2(a), (c), (e), and (f) results in a fine of PHP 1,000.00 or imprisonment of three (3) to seven (7) days of arresto menor, or both, at the discretion of the court.
- Violations of Section 2(b), Section 2(d), Section 2(g), and Section 2(h) subject the person and the relevant business/establishment responsible parties (including owner, proprietor, administrator, operator, manager) to an administrative fine of PHP 1,000.00 or community service of three (3) days.
- Non-payment after conviction for violations involving the specified responsible parties for residential or business/commercial establishments results in a fine of PHP 2,000.00 or imprisonment of seven (7) days to one (1) month of arresto mayor, or both, at the discretion of the court.
Special additional fees for bulky waste and towing
- For illegally dumping bulky waste, factory/construction debris, and similar items requiring hauling, the violator must pay an additional hauling fee of PHP 200.00 per cubic meter on top of the penalties under Section 3.
- For illegally dumped junk vehicles towed by the MMDA or its duly accredited “Two Trucks,” the violator must pay a towing fee of PHP 1,500.00, in addition to the penalties under Section 3.
Disposition of fines and implementing mechanics
- Collected fines accrue based on who apprehends the violator:
- 100% to the Local Government Unit (LGU) where the violation was committed if the apprehending officer is under the LGU concerned; or
- 50% to the MMDA and 50% to the LGU where the violation was committed if the apprehending officer is an MMDA enforcer.
- The MMDA must formulate implementing guidelines/systems of procedure covering, among others, the issuance of the Environmental Citation Ticket (apprehension ticket), payment of fines, and related procedures.
- The implementing guidelines are appended to the regulation and form an integral part of it.
Coverage, separability, and repealing rules
- Coverage extends to all cities and municipalities of Metropolitan Manila.
- Any portion declared unconstitutional or invalid by a court does not affect the validity of the other portions under the separability clause.
- The regulation operates in support of existing anti-littering ordinances in Metropolitan Manila and does not repeal, amend, or modify any existing local ordinance on anti-littering in Metropolitan Manila.