Republika ng Pilipinas KAGAWARAN NG KATARUNGAN

Department of Justice Manila

VNAII-DC-

JAW 0 9 2017

DEPARTMENT CIRCULAR NO.0 0 8 SUBJECT : GUIDELINES IN THE IMPLEMENTATION OF

REPUBLIC ACT NO. 9003, OTHERWISE KNOWN AS THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

Among the State policies provided for under Section 2 of R.A. No. 9003, otherwise known as the Ecological Solid Waste Management Act of 2000, is the policy to adopt a systematic, comprehensive and ecological solid waste management program which shall ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practices in ecological waste management excluding incineration, among others.

In this regard, Section 21 thereof imposes a mandatory segregation of solid wastes primarily conducted at the source (i.e. the Department).

Accordingly, pursuant to the provisions of the said Act and its Implementing Rules and Regulations, a MANDATORY SEGREGATION POLICY is hereby imposed in the Department of Justice, whereby solid wastes shall be separated at source (i.e. offices in the Department) and placed in separate bins for BIODEGRADABLE, NON-BIODEGRADABLE (NON-RECYCLABLE), and NON-BIODEGRADABLE (RECYCLABLE).

In accordance with Section 22 thereof, the Department shall provide for separate containers for each type of waste from all sources, provided that, sets of containers for the three categories, clearly and legibly labelled accordingly, shall be strategically placed in various places in the Department. A central and separate collection area, likewise segregated, shall also be placed for collection of segregated wastes.

The Administrative Service, together with the Janitorial Services, is hereby DIRECTED to implement this Circular, including the designation of the strategic

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locations for segregated containers and the central segregation collection area, for proper disposal of solid wastes in accordance with the law.

All officials and employees of the Department are hereby DIRECTED to segregate their wastes accordingly.

Non-segregation or improper segregation of solid wastes in violation of R.A. 9003, its implementing rules and regulation, and of this Circular shall constitute a violation of reasonable office rules and regulations, which is a light offense, as prescribed under Section 46(F)(3) of Rule 10 of the Revised Rules on Administrative Cases in the Civil Service, punishable as follows:

First Offense - Reprimand Second Offense - Suspension of one (1) to thirty (30) days Third Offense - Dismissal from the service

For this purpose, Janitorial Personnel of this Department are hereby DIRECTED to inform the concerned official or employee that he or she is in violation of this section and that the instance of his or her violation shall be recorded. The Janitorial Personnel shall record all violations of this section and include the same in their progress report to the Administrative Service. The Administrative Service shall transmit a report of violations of the foregoing to the Technical Service for appropriate disciplinary action, if any.

In case any officer or employee of the Administrative Service who is responsible for preparing a progress report or report of violations, or is responsible for transmitting the same to an appropriate office for appropriate action, fails to perform his or her responsibility herein provided, he or she shall be liable for simple neglect of duty, which is a less grave offense, as prescribed under Section 46(D)(1) of Rule 10 of the Revised Rules on Administrative Cases in the Civil Service, punishable as follows:

First Offense

Suspension of one (1) month and one (1) day to six (6) months

Second Offense - Dismissal from the service

Provided, that in case the element of corruption is present, or that the duty was neglected in exchange for valuable consideration, the person concerned shall be liable for gross neglect of duty, which is a grave offense, as prescribed under Section 46(A)(2) of Rule 10 of the Revised Rules on Administrative Cases in the Civil Service, punishable with dismissal from the service.

In case a Janitorial Personnel fails to keep segregate the solid waste he or she collected, he or she shall be immediately removed from the Department's detail. Continuous violation by the Janitorial Personnel to segregate the solid waste shall be a ground for termination of contract between the Department and the private janitorial agency.

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Nothing in this Circular shall preclude other administrative, civil or criminal liability against the erring official or employee.

Segregation shall be on a dry run for the month of January 2017. Afterwards, the Mandatory Segregation Policy shall be strictly implemented.

Department of Justice CN : 0201701049

1111111111V11111 11111111

VITALIANO lJAGUIRE II Sec etary

Copy furnished:

All concerned.

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