[ MEMORANDUM CIRCULAR NO.

2018-112, August 07, 2018 ]

ORGANIZATION OR REORGANIZATION OF THE BARANGAY ECOLOGICAL
SOLID WASTE MANAGEMENT COMMITTEE (BESWMC)

Adopted:12 July 2018

Date Filed: 07 August 2018

1. BACKGROUND

The Local Government Units is responsible for the implementation and enforcement of the
provisions of R.A. 9003 otherwise known as the Ecological and Solid Waste Management Act
of 2000 within their respective jurisdictions.

To implement the said Act, the Department issued DILG Memorandum Circular No. 2001-38
dated April 10, 2001 for the creation of Ecological Solid Waste Management Committee
(ESWMC) to oversee the implementation of Ecological Solid Waste Management Program at
the barangay level.

With the election of the new set of barangay officials, there is a need to organize or reorganize
the BESWMC, and to update them on their duties and functions pursuant to R.A. 9003, and
other related policies, laws and issuances.

2. LEGAL BASES

2.1. Section 389 (b) (9) provides that, for efficient, effective and economical governance, the
purpose of which is the general welfare of the Barangay and its inhabitants pursuant to
Section 16 of the Local Government Code of 1991, the Punong Barangay shall enforce laws
laws and regulations relating to pollution control and protection of the environment.

2.2 Sections 6 and 7 of IRR of R.A. 9003 provide the creation of Barangay Solid Waste
Management Committee and its functions and responsibilities.

2.3. Section 10 of R.A No. 9003 stipulates that segregation and collection of solid waste shall
be conducted at the barangay level specifically for biodegradable, compostable and reusable
wastes.

Management System.

2.5 DILG MC No. 2000-117 dated August 2000 provides the implementation of Zero-waste
Management.

2.6 DILG MC No. 2001-38 dated April 10, 2001 provides the creation of the Ecological Solid
Waste Management Committee (ESWMC) at the barangay level.

2.7 DILG MC No. 2009-168 dated October 27, 2009 provides the strict implementation of
Sections 17(H) and 32 of R.A. 9003 known as the Ecological Solid Waste Management Act of
2000.

2.8 DILG MC No. 2011-70 dated May 13, 2011 provides the strict enforcement and
implementation of the provisions of R.A. No. 9003 and related Department issuances.
3. PURPOSE

This Circular is issued to:

3.1 Inform and remind concerned local government officials and members of Barangay
Ecological Solid Waste Management Committee (BESWMC) of their functions and
responsibilities.

3.2 Harmonize all existing issuances related to BESWMC.

4. SCOPE/COVERAGE

All City and Municipal Mayors, Punong Barangays, DILG Regional Directors, ARMM Regional
Governor, and all others concerned.

5. POLICY CONTENT

5.1 Issuance of Executive Order

The Punong Barangay shall issue an Executive Order organizing the BESWMC within 60 days
upon assumption to office.

5.2 Composition of BESWMC:

Chairperson : Punong Barangay

Members : One (1) Sangguniang Barangay Member
SK Chairperson
President of Home Owners Association Public/private
school principal or representatives
One (1) Parents and Teachers Association president or
Representative
One (1) Religious organization representative
One (1) Bus community representative
One (1) environmental NGO representative

President of Market Vendors Association and One (1) Representative from junkshop owners’
association

5.3. Functions and Responsibilities of BESWMC:

5.3.1 Formulate a community solid waste management program consistent with the
city/municipality.

5.3.2 Be responsible for the segregation and collection of solid waste specifically for
biodegradable, compostable, and reusable wastes.

5.3.3 Establish within the barangay or cluster of barangays a Material Recovery Facility (MRF),
a redemption or eco-centers in a barangay- owned or lease land or any suitable open space to
be determined by the sangguniang barangay.

5.3.4 Allocate barangay funds for the barangay ecological solid waste management program,
approved by the sangguniang barangay.

5.3.5 Organize a Core of Area/Street Coordinators to assist the BESWMC in the implementation
of their programs and activities

5.3.6 Conduct trainings for barangay residents on segregation, composting, recycling and
livelihood opportunities from use of recyclable waste and to monitor their implementation.

5.3.7 Integrate the Ecological Solid Waste Management Program in the Barangay
Development Plan (BDP) and/or Annual Investment Program (AIP).

5.3.8 Find alternative sources of funds other than the regular barangay budget.

5.3.9 Submit a monthly report to the C/M ESWMC on the progress of the
program, copy furnished city/municipal DILG office.
5.3.10. Implement policies and plans on the following:

5.3.10.1 Education

5.3.10.1.1. Develop and disseminate IEC materials on solid Solid waste management to every
household, business establishments, and other institutions in the barangay; 5.3.10.1.2
Conduct of community trainings and seminars on ecological solid waste segregation,
composting, reduction of waste for disposal and recycling; and 5.3.10.1.3 Issuance of
community policies that will patronize ecologically friendly products and packaging.

5.3.10.2. Engineering

5.3.10.2.1 Provision of support mechanisms for segregated collection; and 5.3.10.2.2 Setting
up of redemption or eco-centers (MRF) within the barangay for non-biodegradable or
recyclable materials before selling in bulk to junk shops.

5.3.10.3. Enforcement

5.3.10.3.1 Enact barangay ordinances on the establishment of an awards system and other
incentives and sanctions in the barangay; and other rules and regulations to implement the
program.

5.3.10.4. Entrepreneurial

5.3.10.4.1 Establish a system of buying and selling of recyclable wastes including compost;
5.3.10.4.2 Promote livelihood activities from waste materials; 5.3.10.4.3 Networking with the
private/business establishments within the barangay; and 5.3.10.4.4 Microfinancing for
livelihood projects from waste.
5.3.11. A Barangay ESWM Secretariat (from community/or Barangay Development Councils)
shall be formed to assist the Committee in the performance of its functions. It shall provide
technical and administrative support to the Committee whenever necessary.

5.4. Functions and Responsibilities of Punong Barangay:

5.4.1. Strictly observed the provisions of R.A. 9003 and related Department Issuances.

5.4.2 Establish a Material Recovery Facility (MRF) in the barangay or ina cluster, in a
barangay-owned or leased land or in any suitable open space to be determined by the
Barangay through its Sanggunian.
5.4.3 Allocate certain parcel of land or to the cluster barangays for the MRF.

5.4.4 Initiate information campaigns through public consultations in their respective

localities.

5.4.5 Implement a Comprehensive Solid Waste Management System, enacted through an

Ordinance.

5.4.6 Communicate with the concerned C/M Environment Natural Resources Officer or DENR
Regional Office for technical support in the event there is a need to train LGU personnel on
comprehensive solid waste management.

5.5. Penalties for Non-Compliance to this Circular

5.5.1 Section 50 of R.A. 9003 states that: “Administrative Sanctions — Local government
officials and officials of the 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 the Ombudsman Law and R.A. 7160 and other existing
laws, rules and regulations”.

5.5.2 Section 52, Chapter VII of R.A. 9003 mandates that, “for purposes of enforcing the
provisions of this Act or its Implementing Rules and Regulations, any citizen may file an
appropriate civil, criminal or administrative action in the proper courts/bodies against: (c)
any public officer who will fully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its IRR; or abuses his authority in the
performance of his duty or improperly performs his duties under this Act or its IRR: Provided,
however, that no suit can be filed until after thirty (30) day notice has been given to the public
officer and the alleged violator concerned and no appropriate action has been
taken thereon.”
5.5.3 Paragraph 2 of Section 3, Rule XX of R.A. 9003, states that: “Any citizen may file an
action. The action shall be filed with the DILG or the Ombudsman, if related to any LGU, or to
any government agency/employee, respectively”.
6. EFFECTIVITY

This Circular shall take effect immediately.

7. APPROVING AUTHORITY

(SGD.) EDUARDO M. AÑO Officer-in-Charge