TY  - BOOK
AU  - Sanchez, Rodmarc P.,
TI  - Addressing the resilient menace the constitutionality of the localized ban on plastic bags in Mandaue City
PY  - 2018///
CY  - Cebu City, Philippines
PB  - University of Cebu-Banlad
KW  - Plastic bag
KW  - Ordinance
KW  - Police power
N1  - Contents: Chapter I: The problem and its scope — Chapter II: Review of related literature and related studies — Chapter III: Results and discussions — Chapter IV: Findings, conclusions and recommendations; Adult
N2  - "This study concentrates on Mandaue City's Ordinance No. 12-
2010-562 which restricts establishments from giving out plastic bags.
The objectives of the study are to determine the community's reaction upon the Ordinance's implementation, to explore the community member's perception amidst its execution, to determine the
Ordinance's constitutionality, and to ascertain its validity under the law and jurisprudence.
After data gathering using the interview guide approach, the locals are found to abide by the ordinance mainly because of its strict implementation. A number of them, however, expressed their discontent because, in their perspective, such ban has little to no impact on the environment. The informants declared that one disadvantage of allowing only the use of paper bags (bulsitas) is that these bulsitas are not as durable as plastic bags.
As to the issue on constitutionality, the ordinance passed the tests of police power. Thus, the ordinance has a lawful subject which concerns the public welfare and lawful means were employed to achieve the purpose. As to the issue on validity, the ordinance was passed in accordance with the requirements set forth by law and jurisprudence.
It is the researcher's recommendation that there is a need to amend the current Ordinance. There should be a classification as to which goods could be prohibited from being wrapped by plastic bags and which ones could be allowed. Further, the City Government could research on appropriate containers aside from the bulsitas that they are recommending which is costlier than plastic bags. There should also be a shift from judicial to administrative proceeding in determining the violator's liability to expedite the process without violating anyone's right to due process of law." —Abstract
ER  -