THE Bureau of Customs (BOC) led by Commissioner Ariel F. Nepomuceno, convened last July 6 an inter-agency meeting along with environmental groups to discuss the dumping into the country of American garbage consisting mostly of discarded computer and electronic parts or “e-wastes” although no clear resolution was arrived at afterwards.
The arrival of some 234 containers of e-wastes from the United States at the Port of Subic for “reprocessing” was first raised by the environmental group, ‘Ban Toxic’ during a press conference last June 25.
Ban Toxic is part of the bigger international Basel Action Network (BAN), in reference to the Basel Convention that entered into force in 1992. The Convention aims to regulate the transboundary movement of hazardous waste to protect health and the environment mainly in response to the practice of wealthy nations like the United States dumping its toxic and hazardous to poor countries like the Philippines.
A reporter from Net25, Earl Bringas, then informed the BOC about the shipment on the same day that led to the formation of an inter-agency task force by Commissioner Nepomuceno and the convening of the meeting last July 6.
Tony Dizon, speaking on behalf of Ban Toxic, also claimed during the press conference that e-wastes from the US has been arriving at the Port of Subic since March this year.
He also claimed that the Philippines and the United States are working on an agreement that would “legalize” the dumping of American hazardous garbage on Philippine soil.
Aside from Commissioner Nepomuceno and other key BOC officials, also present during the one-day meeting are representatives from the Subic Bay Metropolitan Authority (SBMA), the Department of Environment and Natural Resources (DENR), the Office of the Solicitor General (OSG), EcoWaste Coalition and BAN Toxic.
Tony Dizon, speaking on behalf of Ban Toxic, also claimed during the press conference that e-wastes from the US has been arriving at the Port of Subic since March this year. He also claimed that the Philippines and the United States are working on an agreement that would “legalize” the dumping of American hazardous garbage on Philippine soil.
The discussion also focused on identifying appropriate courses of action and coordinating the next steps to address the issue.
Participating agencies and organizations agreed to submit their respective position papers to facilitate a comprehensive evaluation of available legal, regulatory, and policy options. Discussions also covered measures to strengthen existing mechanisms and prevent similar incidents in the future.
The BOC earlier noted that it was constrained to investigate the shipment due to an April 2025 ruling by a court in Manila related to a case involving 3 waste recyclers inside the SBMA for violation of RA 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990).
The court allegedly ruled that the SBMA is an “autonomous” jurisdiction outside of BOC authority and that the requirement for a Pre-Shipment Importation Clearance (PSIC) from the DENR is “unconstitutional.”
“Habang nasa ilalim pa ng judicial review ang kaso, mahalaga na magkausap ang lahat ng concerned agencies at stakeholders para mas malinaw nating maunawaan ang isyu, ang kani‑kaniyang roles, at ang mga batas at regulasyong dapat sundin.
“(This) coordination meeting will help make sure that all actions are coordinated and carried out in compliance with the law,” Commissioner Nepomuceno said.
‘Political will’ is the solution
It can be recalled that there is only one recorded incident in recent memory where the Philippines succeeded in ordering the return of dumped hazardous waste that came from Canada.
Between late 2013 and early 2014, under the PNoy Aquino administration, 103 containers of toxic and hazardous wastes misdeclared as ‘recyclable plastics’ were shipped to the Port of Subic from Canada.
The Aquino government, however, remain deaf to the protests of environmental groups through its entire term whose “solution” was to bury 34 containers of the hazardous wastes at a dump site in Capas, Tarlac, his home province, while the remaining 69 containers remained stranded at the Port of Subic.
It was only on May 30, 2019, under the Duterte administration, that the 69 containers were taken back by Canada thru a chartered vessel, the ‘MV Bavaria.’
President Duterte went to the extent of recalling the Philippine ambassador to Canada and threatening “war” after Canada failed to believe his warning of a bigger diplomatic row when it failed to conform to Duterte’s initial deadline to take back its garbage by the end of April 2019.