Department of Transportation: Republic of The Philippines
Department of Transportation: Republic of The Philippines
Department of Transportation: Republic of The Philippines
DEPARTMENT OF TRANSPORTATION
18 October 2022
This is in reference to the request from the office of Senator Loren B. Legarda for the
Department of Transportation’s (DOTr) comments and recommendations on following
Senate Bills:1
Senate Bill No. 494, the “Environmental Protection and Enforcement Bureau”3
Sections 6.a, 11.a, and 13.
Senate Bill No. 623, the “An Act Establishing A National Green Procurement
Program,”4
Sections 3, 4.a, 4.c, 6, and 7.
Senate Bill No. 833, the “International Disaster Relief and Initial Recovery Assistance
Act”5
Sections 13, 44, 45, 46, and 66.
Senate Bill No. 835, the “Policies and Procedures to Prevent, Control, and Respond to
Infectious Diseases”6
Section 3 amending Section 7.I.3 and 7.I.4 of R.A. 11332.
Senate Bill No. 1119, the “Better Normal for the Workplace, Communities and Public
Spaces Act of 2022,”8
Sections 6.C, 6.H.4, and 11.C.
To help the Department draft its comments, may we respectfully request your good Office
to provide comments on the said Senate Bills, on or before 12 noon of 20 October 2022;
especially the above indicated provisions for each respective bill.
Sincerely,
10/18/2022 3:28:28 PM
REINIER PAUL R. YEBRA
OIC-Director, Legal Service
Dotr-oula-22-2390-10
7
Senate Bill No. 842, entitled “An Act to Regulate Noise Pollution by Creating the Noise Pollution Control Board (NPCB), Providing Funds Therefor
and for Other Purposes”, introduced by Senator Loren B. Legarda.
8
Senate Bill No. 1119, entitled “An Act Establishing Public Health and Environmental Standards and Safeguards for the Better Normal in the
Workplace, Public Places and Communities Toward a Sustainable Recovery from the Coronavirus Disease (COVID-19) Pandemic and Other Similar
Infectious Diseases.”
9
Senate Bill No. 1341, entitled “An Act Providing Protection to Consumers and Merchants Engaged in Internet Transactions, Creating for This
Purpose the E-Commerce Bureau, Appropriating Funds Therefor, and for Other Purposes,” introduced by Senator Loren B. Legarda.
s. No.
SENATE
243
RECEIVED BV
■4
AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS
EXPLANATORY NOTE
Not only does the traffic congestion impair the economy, but it aggravates the
already huge contribution of the transport sector to carbon dioxide emissions. Based
on the National Emissions Inventory by source conducted in 2018, 74 percent of air
pollution in the National Capital Region (NCR) came from mobile sources such as
cars, trucks, motorcycles, and buses.
EN LEGARDA
NINETEENTH CONGRESS OF THE )
IfSfi Senate
of thf ^a.vnavp
AN ACT
PROMOTING SUSTAINABLE AND ALTERNATIVE MODES OF
TRANSPORTATION AND OTHER MOBILITY OPTIONS
Approved,
■.!,. '(Oil! - til' ■ ■
NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) ■22 JUL 13 PI :14
SENATE
RKB'i 3 5-
s.No. 494
AN ACT
CREATING THE ENVIRONMENTAL PROTECTION AND ENFORCEMENT
BUREAU (EPEB) UNDER THE DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES (DENR), PROVIDING FOR ITS POWER AND
FUNCTIONS AND APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
EXPLANATORY NOTE
The Philippines is playing a notoriously substantial role in the illegal trade, not
only as a poaching area and transshipment point, but the country has also increasingly
become an end destination for exotic pets. Even at the height of the COVID-19
quarantine measures, the illegal trade of wildlife went on in online forums or social
media pages. On top of this, illegal logging is still being reported in the field. The
Department of Environment and Natural Resources (DENR) estimated that the total
value of wildlife trafficking alone is at 50 billion pesos, and illegal logging data if
aggregated, could even be higher. The estimates do not include trafficking done
through the Philippines. With increasing habitat destruction from conversion through
logging and encroachment to poaching and the illegal transshipment of wildlife, there
are increasing risks of encountering zoonotic diseases due to the degradation of
habitats, which will increase human-wildlife interactions.
This measure seeks to support the initiative within the DENR to professionalize
and institutionalize law enforcement in the agency by creating the Enviromnental
Protection and Enforcement Bureau (EPEB) through congressional action.
Through the EPEB, DENR can strengthen its environmental law enforcement
capacity and its synergy with other agencies having environmental law enforcement
duties. The EPEB will allow the DENR to target the syndicates responsible for wildlife
and timber trafficking. In terms of pollution control and the law on hazardous
materials, the EPEB can improve its capabilities to detect and stop these violations,
especially those involving hospital wastes and discharges by pollutive industries.
The EPEB will utilize advanced skills training on crime scene forensics,
intelligence, surveillance, and investigation, DNA, and other criminalistics to go after
high-profile perpetrators and build up cases on entire networks of traffickers rather
than just the low-level poachers. The forensics lab contained in the proposed measure
will cover the entire range of needs of the DENR to address violations of most, if not
all, environmental laws, including logging, wildlife poaching, toxic contaminations,
pollution, and hazardous materials and wastes.
OREN LEGARDA
o! li'r
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session ) 72 JUL13 PI :14
SENATE
RlTbP ..DB'
S. No. 494
AN ACT
CREATING THE ENVIRONMENTAL PROTECTION AND ENFORCEMENT
BUREAU (EPEB) UNDER THE DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES (DENR), PROVIDING FOR ITS POWER AND
FUNCTIONS AND APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
1 Section 1. Short Title. - This Act shall be known as the "Environmental Protection
2 and Enforcement Bureau (EPEB)".
3 Sec. 2. Declaration of Policy. - It is the policy of the State to:
4 a. Maintain an effective, competent, modern, current, and highly-
5 trained enforcement body to address violations of environment and
6 natural resources laws, rules and regulations in order to protect and
7 advance the right of the people to a balanced and healthful ecology
8 in accord with the rhythm and harmony of nature;
9 b. Strengthen and professionalize enviromnent and natural resources
10 protection and law enforcement with appropriate structure, science
11 and technology, manpower, and capability;
12 c. Formulate plans and programs relative to environment and natural
13 resources protection to enhance and modernize capacities to
14 address all types of environmental crimes, including
15 transnational/ transboundary violations, taking cognizance of the
16 worsening global environmental situation;
1 d. Promote shared duties and responsibilities, and capacitate other
2 law enforcement agencies anci local government units on
3 environmental law enforcement; and
4 e. Ensure fair, swift, and certain enforcement of enviromnental laws.
5 Sec. 3. Definition of Terms. - As used in this Act, the following terms and plrrases
6 shall mean as follows:
7 a. Abatement - refers to a legal document issued by the Bureau, its
8 officers and enforces, ordering the suspension or cessation, in whole
9 or in part, or removal of a problem or nuisances, which is against
10 environmental and natural resources laws committed in prohibited
11 areas, and/ or other public areas, where such act is prohibited.
12 b. Bureau - refers to the Environmental Protection and Enforcement
13 Bureau.
14 c. Cease and Desist Order (CDO) - refers to an order duly issued by the
15 Secretary or the Bureau directing or enjoining any person, business
16 or organization, or government agency, to stop or continue doing an
17 act considered harmful or illegal and/ or in order to protect, preserve
18 or rehabilitate the environment. A CDO may be permanent, for
19 specified period of time, or until a final administrative or judicial
20 determination of its legality occurs.
21 d. Confiscation - refers to the act of taking in favor of the government,
22 real or personal property, from a person without payment or
23 compensation in an administrative proceeding.
24 e. Custody - refers to temporary holding or safekeeping of any evidence
25 obtained or seized in an enforcement operation conducted by, or
26 with the participation of the Bureau, while a case is pending before
27 any administrative body or the courts.
28 f. Department - refers to the Department of Environment and Natural
29 Resources (DENR).
30 g. Emergency - occurs when there is a demonstrated impending threat
31 to human life, biodiversity, or irreparable damage to the integrity
32 and stability of the ecosystem.
1 h. Enforcement areas - refers to any geographic area in the Philippines
2 where priority enforcement response is needed.
3 1. Forensic - refers to the application of scientific methods for analyzing
4 evidence and samples for purposes of criminal, civil, or
5 administrative procedure.
6 j. Impoundment - the taking into custody of private property, such as a
7 vehicle, facility, or implements by government action with custody
8 documentation pending the outcome of criminal prosecution under
9 this Act.
10 k. Prohibited areas - refer to areas explicitly prohibited or deemed by law
11 to be free from human habitation or interference such as, but not
12 limited to, water easements, areas identified as geo-hazard zones, or
13 in any other prohibited zones within protected areas including strict
14 protection zones, multiple use zones, buffer zones, or areas
15 designated under the Disaster Risk Reduction and Management Plan
16 of LGUs as hazard-prone areas.
17 l. Regulated community - refers to all persons, businesses, organizations,
18 government agencies, or instrumentalities of the government whose
19 use, utilization, exploitation, development, management,
20 conservation and protection of environment and natural resources
21 are governed under the administrative authority of the Department.
22 m. Secretary - refers to the Secretary of the Department of Environment
23 and Natural Resources (DENR).
24 n. Seizure - refers to the taking by enforcement officers of potential
25 evidence from a person who is suspected of violating environmental
26 laws, rules and regulations. Seizure of evidence may be done by
27 virtue of a search warrant, or on the occasion of a warrantless arrest
28 or warrantless search.
29 o. Strategic Lawsuit Against Public Participate (SLAPP) - the defense of
30 SLAPP shall be available to Bureau enforcers and those they have
31 deputized, complainants, and witnesses. This remedy is available
32 even ciuring preliminary investigation and relevant administrative
1 cases. The Bureau shall provide sufficient assistance for those
2 enforcers, deputies, complainants, and witnesses charged with
3 SLAPP suits.
4 p. Transnational or transboundary violations - refers to a continuing
5 offense in contravention of both enviromnental laws and
6 international treaties and conventions on the environment to which
7 the Philippines is a signatory. An act is deemed a continuing offense
8 when the act may be prosecuted and tried not only in the court or
9 administrative bodies of the place where it began, but also in the
10 court or administrative bodies of the place where part of the offense
11 was continued or consummated.
12 q. Wildlife Trafficking - refers to the transportation and/or
13 transshipment of wildlife, wildlife by-products, or derivatives, from,
14 to, or through the Philippines.
15 Sec. 4. Creation. - There is hereby created the Enviromnental Protection and
16 Enforcement Bureau (EPEB) which shall be a uniformed service and a line agency
17 under the Department.
18 This Act shall transfer and consolidate all enforcement functions performed by
19 different Bureaus and attached Agencies of the Department and those that may be
20 created hereafter.
21 The Bureau shall exercise concurrent enforcement authority with agencies
22 having jurisdiction under other laws.
23 Sec. 5. Jurisdiction. - The Bureau shall carry out environmental law enforcement
24 functions in the entire Philippine archipelago including air space, territorial waters,
25 exclusive economic zones, continental shelf, and other areas where the Philippines
26 exercises sovereignty and sovereign rights or jurisdiction in accordance with
27 Philippine and International Laws. It shall be under the control and supervision of the
28 Secretary.
29 Sec. 6. Pozvers and Functions. - The Bureau has the power and authority to:
30 a. Enforce, interdict ongoing violations, arrest, investigate, and
31 prosecute all violations of environmental and natural resources laws.
1 rules and regulations, including those over which other agencies
2 exercise jurisdiction;
3 b. Take custody of all seized and confiscated items, implements,
4 conveyances, tools, and equipment;
5 c. Initiate the filing of appropriate cases and/or proceedings;
6 d. File the appropriate cases in court in consultation with the National
7 Prosecution Service when necessary, and in coordination with the
8 Office of the Ombudsman in cases involving government officials
9 and employees;
10 e. Execute decisions and dispose of confiscated items in administrative
11 cases peitaining to environment and natural resources violations,
12 and in court cases as may be directed by the court;
13 f. Call on the Department of Justice (DOJ), Philippine National Police
14 (PNP), Armed Forces of the Philippines (AFP), the National Bureau
15 of Investigation (NBI), and other government law enforcement
16 agencies, including government-owned and controlled corporations,
17 to aid in the enforcement of laws against environmental crimes;
18 g. Conduct intelligence operations and forensics investigation in
19 furtherance of the foregoing powers and functions;
20 h. Issue subpoena for the appearance of any person for investigation or
21 production of any documents, through its officers from the ranks of
22 Director-General, Deputy Director, Directors for Enforcement,
23 Investigation and/or Legal Services, and Regional Director, and cite
24 in contempt any person who violates or disobeys orders and
25 processes duly issued by the Bureau;
26 i. Accept the name of the Philippine Government, funds or financial
27 assistance for immediate disbursements or other property in the
28 interest of, or as may be necessary to carry out its functions, and
29 which shall be properly allocated and utilized directly and
30 exclusively for environmental protection and enforcement;
31 j. Establish and maintain coordination mechanisms with other law
32 enforcement agencies locally and internationally;
1 k. Develop enforcement systems and strategies based on best practices
2 and using the most advance and reliable technologies;
3 l. Impose administrative fines/citations for in-flagrante violations of
4
environment and natural resources laws, rules and regulations
5
pursuant to schedule of fines to be issued by the Office of the
6 Secretary;
7 m. Maintain a database of all relevant information such as, but not
8 limited to, environmental cases, environmental-related incidents,
9 peimittees, licensees, parks and forest occupants, tenured migrants,
10 and scientific research data and information;
11 n. Issue and implement Cease and Desist Order, Closure Order, Notice
12 of Violation, and Abatement Order in the exercise of its
13 administrative powers pursuant to pertinent rules and regulations
14 issued by the Department;
15 o. Formulate and implement policies, guidelines, and programs
16 necessary to effectively carry out its mandate; and
17 p. Perform other related functions as the Secretary of the Department
18 may assign.
19 Notliing herein shall prevent other law enforcement agencies from exercising
20 jurisdiction over violations of environmental laws, rules and regulations. Provided
21 that, once the Bureau takes cognizance of the aforementioned violations, the Bureau
22 shall take the lead and other law enforcement agencies shall collaborate and render
23 assistance.
24 Sec. 7. Organizational Structure. - The Bureau shall be organized into the Office
25 of the Director-General, Deputy Director-Generals for Operations and for
26 Admimstration, Division Chiefs for Enforcement, Investigation and Legal, Finance
27 and Logistics, Administrative and Human Resource, Planning and Knowledge
28 Information Service, and Forensic Laboratory. Each seiwice shall be composed of the
29 necessary divisions and sections. The Bureau shall establish regional offices composed
30 of district offices to cover designated enforcement areas. Field units may be
31 established as needed to work with Provincial Environment and Natural Resources
1 (PENR) and/ or City Environment and Natural Resources (CENR) offices, or clusters
2 thereof.
3 The Bureau s personnel and tlieir respective positions and rank shall have
4 appropriate staffing complement, as follows:
10
1 take measures to ensure responsiveness and feedback mechanisms for maximum
2 participation, engagement, and transparency.
3 Sec. 15. Strategic Lawsuit Against Public Participation (SLAPP) in the Enforcement
4 of this Act. - The defense of SLAPP as defined by existing laws shall be available to
5 Bureau enforcers and those they have deputized, complainants, and witnesses. This
6 remedy is available even during preliminary investigations and relevant
7 admimstrative cases. The Bureau shall provide sufficient assistance for those
8 enforcers, deputies, complainants, and witnesses charged with SLAPP suits.
9 The Rules of Procedure for Enviromnental Cases shall govern the procedure in
10 civil, criminal, and special civil actions involving the enforcement of violations of this
11 Act, including actions treated as a SLAPP as provided in this section.
12 Sec. 16. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary
13 Injunctions, and Preliminary Mandatory Injunctions. - No court, other than the Supreme
14 Court, shall issue an injunction or restraining order against the Department and
15 Bureau in the lawful enforcement of environmental and natural resources laws.
16 Sec. 17. Assaults against Environment and Natural Resources Enforcement Officers
17 and Deputies. - Any person and persons whether natural or juridical, who shall attack,
18 employ force or seriously intimidate any environment and natural resources
19 enforcement officer or his deputies, while engaged in the performance of official
20 duties, or on the occasion of the performance of such duties shall be charged with
21 direct assault under the Revised Penal Code.
22 The penalties of indirect assault as defined under the Revised Penal Code shall
23 be imposed upon any person coming to the aid of the person assaulting the
24 environment and natural resources enforcement officer or his deputy in the
25 enforcement of his or her duties.
26 Sec. 18. Administrative Adjudication. - The Secretary is authorized to organize
27 and standardize administrative adjudication mechanisms to impose fines and other
28 penalties provided for under existing laws, rules and regulations, and cause the
29 issuance of procedural rules and regulations as may be appropriate.
30 Sec. 19. Power to Issue Cease and Desist Orders and to Summarily Abate Without the
31 Necessity of Judicial Order. - The Bureau may, subject to the requirements of
32 administrative due process, issue cease and desist orders, and summarily eject any
11
1 and/or .ss„e ataman, OTder, rem„,al, or ckmoa<>a of
2 gal ,d„n„r.s from a P,„hiblted ar.a, wifton, „ ofjMIcia,
3 lovided, that in cases of emerp:enrv
^ . lergency, the Bureau may order the immediate exit
4 or departure of the offender from the prohibited area The r
enforcement • . P 0mDlted area-The Bureau may call on other
5
c gencies to asstst m executing the order to vactite.
6 Sec. 20. Authority of the Director-General of the Bureau or the Duly Authorized
7
8
' 1UeS and re8ulatlonsa the Director-General or his duly
9
order the rePreSentatlVe' may' ” aPProPriate cases, issue notices of violation and
10
seizure of any property subject of the offense, including conveyances
11
P ements, tools, and equipment used in the commission of the offense
12 shall Ttl1'Tr0TlonS. ' The fUndS reqUlred fOT the ^-P^-entation of this Act
13 shall be taken from the General Appropriations Act fC A AI ,r
14 from the following: ( } and may be aU«mented
15
a. Integrated Protected Area Fund (IPAF);
16 b. Environmental Users Fees;
17 c. EPIRA;
18 d. Road users" Tax; and
19
e. Administrative fines and penalties.
20
to. Wffl rdedn“'"'a1'fUndS P“1"‘,08elher “ ■ “"S1'
21 that will cover all operational expenses.
22 Sec. 22. Transitory Provisions. - All unexpected appropriations, real and
23 personal properties, documents, records and other papers related to enforcement
24 w ic are kept and/or managed by enforcement divisions, sections, and units of the
25 epartment and attached Agencies shall be transferred to the Bureau.
26 the reZ,nTmTt 0mCiah an<i PerSOmieI CUrrent'y aSSigned and/°r desi8nated a‘
27
g enforcement divisions, PENR enforcement sections, or CENR
28
29 enforcement units who have undergone the mandatory training on enforcement as
provided under th.s Act may continue to serve as an officer or enforcer of the Bureau
^^ or c oose to be reassigned in non-enforcement offices or Bureaus of the Department.'
12
1 training on enforcement as provided under this Act may serve as officers or enforcers
2 of the Bureau, or choose to be reassigned to non-enforcement functions or offices of
3 the said agencies.
4 All incumbent enforcement officials, enforcers, and personnel of the Palawan
5 Council for Sustainable Development (PCSD) and BARMM shall be trained under the
6 Bureau as part of the one-system approach.
7 Sec. 23. Implementing Rules md Regulations. - The Department, in consultation
8 with concerned government agencies and stakeholders, shall promulgate the
9 unplementing rules and regulations of this Act within six (6) months from the
10 effectivity of this Act.
11 Sec. 24. Separability Clause. - If any portion of this Act is declared
12 unconstitutional or invalid, the portions or provisions which are not affected shall
13 continue to be in full force and effect.
14 Sec. 25. Repealing Clause. - All laws, decrees, executive orders, and rules and
15 regulations or parts thereof which are inconsistent with this Act are hereby repealed
16 or modified accordingly.
17 Sec. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
18 publication in at least two (2) national newspapers of general circulation or in the
19 Official Gazette.
Approved,
13
lifeiil/<©ffi£pRotate
of tijc ^'I’crptarp
NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) ■22 JUL14 P3 29
AN ACT
ESTABLISHING A NATIONAL GREEN PUBLIC PROCUREMENT
PROGRAM
EXPLANATORY NOTE
1 https://www.bcg.com/press/13janiiary2022-green-govemment-procurement-practices-cut-global-emissions
2 Government Procurement Policy Board - Technical Support Office, The Philippine Green Public Procurement
Roadmap, 6 (2017).
By choosing goods, services, and works with a reduced environmental impact,
the government can use its purchasing power to reduce GHG emissions and move
towards a more circular economy while driving innovation and providing financial
savings for public authorities.
In view of the foregoing, the immediate approval of this bill is earnestly sought.
LOREN LEGARDA
Senate
of tijc igncrrptarp
NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) 22 JUL14 P3:29
s.No. 623
AN ACT
ESTABLISHING A NATIONAL GREEN PUBLIC PROCUREMENT
PROGRAM
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:
1 Section. 1. Short Title. - This Act shall be known as the "National Green Public
2 Proairernent Act of2022".
3 Sec. 2. Declaration of Policy. - The State recognizes the role of the landmark
4 policy frameworks set by the UN Sustainable Development Goals and the country's
5 Nationally Determined Contribution targets in the pursuit of sustainable
6 development according to the long-term vision embodied in AmBisyon Natin 2040.
7 Towards this end, the State shall harness the immense purchasing power of the
8 government to convert the market into a greener market, achieve responsible
9 consumption and production and circular economy, and ensure ecological integrity
10 for the current and future generations.
11 Sec. 3. Establishrrient of a Greer>. Public Procurement Program in All Brandies of the
12 Government. - Green Public Procurement (GPP) is a process whereby public
13 authorities seek to procure goods and services and works with a reduced
14 environmental impact throughout their life cycle when compared to goods, services,
15 and works witli the same primary function that would otherwise be procured.
16 The executive, judicial and legislative branches of government shall implement
17 a GPP program to achieve sustainable consumption and production in procurement
18 in accordance with the GPP Roadmap established by the Government Procurement
1 Policy Board (GPPB), consistent with the governing principles of Republic Act No.
2 9184, otherwise known as the "Government Procurement Reform Act".
3 Sec. 4. Objectives of the GPP Program. - The GPP Program ciims:
4 (a) To integrate and promote the culture of making green, sustainable, and
5 informed decisions in the government, especially in the implementation
6 of existing government procurement policies;
7 (b) To require the Philippine Government Electronic Procurement System
8 (PHILGEPS) to identify all government agencies procuring consumable
9 supplies and equipment (CSE) and non-consumable supplies and
10 equipment (non-CSE) identified by the GPPB as part of the Green
11 Procurement Roadmap;
12 (c) To observe green ciiteria in government procurement whenever
13 possible, with the end view of preserving and protecting the
14 environment through efficient use of materials and resources,
15 prevention of pollution and harmful emissions, and reduction of
16 wastage, among others;
17 (d) To establish general and subsector targets and relevant performance
18 indicators among government agencies;
19 (e) To develop technical specifications for CSE and non-CSE products,
20 taking into account, among others, the following processes and
21 principles:
22 (f) Development of a standard template consisting of scope, key
23 environmental impact of a product in terms of its materials composition,
24 use, and eventual disposal, product specifications, evidence,
25 verification, and references;
26 (g) Extensive research of GPP technical specifications, taking into account
27 international and national specifications of countries with extensive
28 GPP experience;
29 (h) Document comments and feedback on the technical specifications of
30 various products;
31 (i) Conduct environmental impact studies of a product in terms of its
32 materials composition, use,and eventual disposal;
1 (j) Include employment generation, safe working environment, and
2 supply-chain management in the formulation of long-term
3 sustainability criteria;
4 (k) To establish a system for the development of core green criteria, which
5 shall be gradually enhanced and adjusted, and including the same in the
6 project requirements developed by procuring entities; and
7 (l) To develop programs for manufacturers and suppliers of green and
8 sustainable products and services for relevant government agencies.
9 Sec. 5. Functions of the Government Procurement Policy Board. - The GPPB shall
10 perform the following functions in accordance with this Act:
11 (a) Protect the national interest in all matters affecting public procurement,
12 giving due regard to the country's regional and international
13 obligations;
14 (b) Ensure the incorporation of the concept of sustainability in the
15 procurement activities of the government. The GPP Program shall be
16 implemented in phases, taking into account the readiness of both the
17 government agencies as well as green product suppliers to Implement
18 the program;
19 (c) Centralize the information on GPP guidelines and procedure, green
20 criteria, green product listing of information, and verification methods;
21 (d) Design and conduct capacity building and training programs for
22 government procuring entities and green products suppliers and service
23 providers, particularly the Micro, Small and Medium Enterprises
24 (MSMEs), to encourage consistency in delivering green products and
25 services and efficiency in implementing the GPP requirements;
26 (e) The GPPB shall develop incentive schemes, such as recognition or
27 awards for GPP performing units to increase motivation and catalyze
28 action for better perfoimance and environmental stewardship; and
29 (f) Establish monitoring and evaluation mechanisms.
30 Sec. 6. Submission of Plans and Reports. - All agencies shall submit their
31 respective GPP Programs to the GPPB, the specific requirements and mechanisms of
32 which shall be defined in the rules and regulations (IRR) to be promulgated to
1 implement this Act. The GPPB shall, in turn, submit an annual report to the
2 Committee on Sustainable Development Goals of the House of Representatives and
3 the Committee on Sustainable Development Goals, Innovation and Futures Thinking
4 of the Senate of the Philippines on the compliance of the different agencies with the
5 provisions of this Act.
6 Sec. 7. Verification by Agencies. - All agencies of the government are mandated
7 to conduct the verification of the compliance of the goods or items being procured
8 with the green criteria established by the GPPB, along with the other technical
9 specifications required by the agency for the particular procurement, in accordance
10 with the relevant provisions of R.A. No, 9184 and its IRR. The GPPB shall provide a
11 list of testing centers for reference of the agencies in the conduct of the verification,
12 which shall be updated regularly based on the green criteria established by the GPPB
13 for specific goods and items included in the GPP Program.
14 Sec. 8. Capacity Building of Government Agencies. - The GPPB shall implement
15 regular capacity building programs to develop the skills of government agencies in
16 understanding and implementing the government's GPP Program through the
17 following:
18 (a) Conduct of relevant training needs assessment of the public sector;
19 (b) Provision of technical assistance to suppliers, particularly the MSMEs;
20 and
21 (c) Conduct of public awareness campaigns on green procurement, among
22 others.
23 Sec, 9. Separability Clause. - If any part, section, or provision of this Act shall be
24 held invalid or unconstitutional, no other part, section, or provision thereof shall be
25 affected thereby.
26 Sec. 10. Repealing Clause. - All laws, decrees, executive orders, rules and
27 regulations, issuances, or parts thereof inconsistent with the provisions of this Act are
28 hereby repealed, amended or modified accordingly.
Sec. 11. Ejfectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication either in the Official Gazette or in at least two (2) newspapers of
general circulation.
Approved,
s>enai;e
NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) •22 JUL25 PI :28
s. no._8^3j3_
AN ACT
FACILITATING AND REGULATING INTERNATIONAL DISASTER RELIEF
AND INITIAL RECOVERY ASSISTANCE AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The United Nations Office for Disaster Risk Reduction (UNISDR) and the
Centre for Research on the Epidemiology of Disasters (CRED) published a study
which highlighted the extent of disaster losses in the Philippines. In its report "The
Human Cost of Weather-Related Disasters/' the Philippines recorded a total of 130
million people affected by weather-related disasters over the period 1995-2015.1
1 Global Facility for Disaster Reduction and Recovery (GFDR) (June 2016). Protecting Lives and Property from
Disaster Risk in the Philippines. Retrieved from https: / / www.gfdrr.org/en/region/Philippines
2 Villacin, D. T. 0une 2017). A Review of Philippine Government Disaster Financing for Recovery and
Reconstruction. Philippine Institute for Development Studies; Discussion Paper Series No. 2017-21. Retrieved
from https://pidswebs.pids.gov.ph/CDN/PUBLlCAT10NS/pidsdpsl721.pdf
In terms of disaster risk, Philippines ranked third among all of the countries
with the highest risks worldwide according to the World Risk Report 2018, with index
value of 25.14%.3
The Department of Finance (DOF) revealed in 2021, that losses from natural
disasters are estimated to cost the Philippines Php 506.1 billion, or approximately $10
billion, from 2010 to 2020. The country's estimated losses and damages due to extreme
weather totaled Php 515.51 billion, or about $10.6 billion, during the course of a ten-
year period, or 98.2 percent of the total. This amount is equivalent to an annual
average of Php 48.9 billion, or about 0.33 percent of the annual average gross domestic
product (GDP) of the Philippines.4
Due to the brunt of disasters to human life and the economy, the Philippines
received various international assistance from neighboring countries and allies. The
United Nations High Commissioner for Refugees (UNHCR), the international aid
agency Oxfam, the United States government, the European Union, South Korea, and
Japan, to name a few, were among the constant donors of the Philippines.
However, as foreign and private sector assistance continue to pour in, there is
a need to ensure that resources benefit targeted communities in affected areas and
respond quickly to emergency relief and recovery needs. Strict monitoring and
transparent accounting of aid should be undertaken to avoid misallocation and
misuse of resources.
It requires the NDRRMC to consult with the local government units affected
by a calamity to determine the list of goods, equipment and services needed for relief
recovery. A Single Window International Facilitation Teams (SWIFTs) is also
proposed to consolidate and expedite the legal requirements concerning entry of
international disaster relief and personnel, goods, equipment, and transport.
By providing mechanisms to ensure the timely and efficient entry and delivery
of international aid assistance in the country, it is hoped that the resources available
will be put to good use. Effective policies and innovative financing to manage aid will
immensely contribute to the immediate recovery of severely affected communities.
LOREN LEGARDA
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NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session ’22 JUL25 PI :28
S. No.
AN ACT
FACILITATING AND REGULATING INTERNATIONAL DISASTER RELIEF
AND INITIAL RECOVERY ASSISTANCE AND FOR OTHER PURPOSES
Be it enacted hy the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:
1 CHAPTER 1
2 GENERAL PROVISIONS
3 Section 1. Title. -This Act shall be known as the "International Disaster
4 Relief and Initial Recovery Assistance Act."
5 Sec. 2. Purpose and Scope. - This Act sets out procedures, roles and
6 responsibilities related to the facilitation and regulation of international disaster
7 assistance provided to the Philippines in the event of a disaster on its territory.
8 In particular, this Act:
9 a. sets out roles and responsibilities for key officials and departments
10 concerned with the facilitation and regulation of international disaster
11 assistance;
12 b. establishes procedures for initiating, coordinating, and terminating
13 international disaster assistance;
14 c. establishes the mechanism for recognition of eligibility for legal facilities for
15 certain assisting actors;
16 d. specifies the legal facilities to be provided to such eligible actors; and
1 e. specifies that minimum standard is expected from assisting actors providing
2 international disaster assistance.
3 Sec. 3. Definition of Terms, - For purposes of this Act, the following shall have
4 the corresponding meanings:
5 a. Assisting Actor means any assisting international actor and any assisting
6 domestic actor responding to a disaster in the Philippines;
7 b. Assisting Domestic Actor means any non-profit entity established under the
8 laws of the Philippines, which is responding to a disaster in the territory of the
9 Philippines;
10 c. Assisting International Actor means any foreign state, organization, entity or
11 individual responding to a disaster on the territory of the Philippines;
12 d. Assisting State means any foreign government that is providing disaster relief
13 or initial recovery assistance to the Philippines, whether through its civilian or
14 militery institutions;
15 e. Disaster Relief means the goods, equipment, services and internationally
16 donated funds provided to meet the immediate humanitarian needs of disaster
17 affected communities;
18 f. Disaster means a serious disruption of the functioning of society, which poses
19 a significant, widespread threat to human life, health, property or the
20 environment, whether arising from accident, nature, or human activity,
21 whether developing suddenly or as the result of long-term processes, but
22 excluding armed conflict;
23 g. Domestic Non-Govemmental Organization or Domestic NGO means any non
24 governmental, non-profit entity, which is registered or created under the laws
25 of the Philippines and whose mandate and activities are exclusively focused on
26 humanitarian relief, recovery or development;
27 h. Eligible Actor means any assisting actor that has been determined to be
28 eligible to receive legal facilities, in accordance with Chapters V and VI of this
29 Act;
30 i. Equipment means physical items, other than goods, which come from
31 international sources and are designated for use in disaster relief or initial
1 recovery assistance, including, but not limited to, vehicles, medical, and
2 telecommunications equipment;
3 j. Foreign Components of the International Red Cross and Red Crescent Movement
4 means foreign National Red Cross or Red Crescent Societies, the International
5 Federation of Red Cross and Red Crescent Societies, and the International
j
2 relevant local government units and loc al authorities, the National Disaster
3 Risk Reduction and Management Council NDRRMC) shall make a
4 determination, based on initial estimates, as to whether domestic capacities are
5 likely to be sufficient to attend to the needs of affected persons for disaster relief
6 and initial recovery assistance. This determination may also be made, at the
7 discretion of the NDRRMC, prior to the onset of an imminent major Disaster.
8 b. In the event of a determination that domestic response capacities are not
9 likely to be sufficient due to the scale of the disaster, the NDRRMC shall advise
8 government agencies of their rights and responsibilities under this Act and
15 recovery assistance. Such bodies shall comply to the fullest extent possible
16 within their legal mandates. Any order that may impose a substantial burden
23 may include a request to lower or waive fees or charges for key services
25 their provision.
26 Sec. 12. Taskforce on International Disaster Assistance Preparedness. -
15 for the entry and coordination of international disaster relief and initial
16 recovery assistance;
17 (ii) Compile and update information on existing bilateral, regional and
9 and
10 (ii) otherwise as necessary, and in no case less frequently than twice per
12 of this Act and to carry out the functions assigned to it pursuant to this
13 Section.
14 Sec. 13. Single Window International Facilitation Teams (SWIFTs). -
20 Chapter V.
21 b. In consultation with the Taskforce, the NDRRJVIC shall establish the
25 and Agencies, from the list established and updated by the Taskforce in
32 Bureau of Customs shall nevertheless apply the relevant provisions of this Act.
10
1 Sec. 14. Operational Coordination ofAssisting International Actors. -
2 a. National and local authorities shall endeavor to integrate the role of assisting
3 international actors into their contingency planning and mechanisms for
4 operational coordination for disaster relief and initial recovery assistance
5 efforts. In particular, they shall endeavor to facilitate the work of assisting
6 international actors, while balancing the urgent needs of people affected by
7 disaster and necessary safeguards relating to public safety and
8 health, coordination and oversight.
9 b. Assisting international actors shall cooperate and coordinate with National
10 and local authorities in their disaster relief and initial recovery assistance. They
11 shall provide them with such information as is available to them on the needs,
12 and on the location, type and extent of their disaster relief and initial recovery
13 assistance operations, as required for a coordinated and effective response.
14 c. Assisting international actors shall cooperate with any international or
15 regional mechanisms for coordination that have been specifically approved for
16 a particular operation by the NDRRMC.
17 Sec. 15. Limited Exemption from Privacy of Personal Data. - Public authorities and
18 assisting actors shall be permitted to share personally identifiable information
19 concerning disaster-affected persons among themselves for the purpose of avoiding
20 imminent death or physical harm to individuals, or grave and foreseeable harm to
21 public health or safety, or for facilitating family reunification.
22 CHAPTER IV
23 GENERAL RESPONSIBILITIES OF ASSISTING ACTORS
24 Sec. 16. Principles of International Disaster Assistance. -
25 a. Assisting actors shall comply with the principles of humanity and
26 impartiality in providing international disaster assistance. In particular, they
27 shall establish their aid priorities on the basis of need alone and they shall not:
28 (i) engage in any adverse distinctions, exclusions, or preferences based
29 on statuses, such as nationality, race, ethnicity, religious beliefs, class,
30 gender, sexual orientation, disability, age, or political opinion;
31 (ii) seek to further a particular political or religious standpoint or
32 interfere in internal matters irrelevant to disaster response;
11
1 (iii) seek to obtain commercial gain from their assistance;(iv) gather
2 sensitive information of a political, economic, or military nature that is
3 ‘ irrelevant to International Disaster Relief or Initial Recovery Assistance.
4 b. In addition, non-governmental organizations shall comply with the principle
5 of independence. They shall not act as instruments of the foreign policy of any
6 government.
7 Sec. 17. Respect for the Dignity of Persons Affected hy Disaster. - Assisting actors
8 providing international disaster assistance shall respect the dignity cf persons affected
9 by a disaster. They shall consult with the beneficiaries of their assistance in the design,
10 implementation, monitoring, and evaluation of the disaster relief and initial recovery
11 assistance they provide.
12 Sec. 18. Quality of Goods and Services. - Assisting actors shall ensure that the
13 goods and services they provide are appropriate to the needs and circumstances of
14 persons affected by the disaster and in compliance with the requirements of this Act
15 and all applicable laws of the Philippines. Assisting actors shall additionally comply
16 with technical quality standards as contained by regulations to be developed by the
17 NDRRMC.
18 Sec. 19. Disposal of Unusable Goods, Non-Functioning Equipment, and other Waste.
19 - Assisting actors shall ensure that any goods or equipment they import for the
20 purpose of disaster relief or initial recovery assistance, which are, or which have
21 become unusable, as well as any other waste p roducts produced by them the course
22 of their disaster relief or initial recovery assistance operations, are recycled or
23 otherwise disposed of in a safe, enviroiunentally sensitive, and effective manner in
24 compliance with Philippine laws.
25 CHAPTER V
26 ELIGIBILITY FOR LEGAL FACILITIES
27 Sec. 20. Provision of Legal Facilities to Eligible Actors. -
28 a. The legal facilities described in Chapter are available only to eligible actors
29 as described in this chapter and are effective only during the international
30 disaster relief and initial recovery periods. Unless otheiwise stated in Chapter
31 VI, the legal facilities are equally effective during both of those periods.
12
1 b. All legal facilities described in Chapter VI shall be available to assist
2 international actors deemed eligible pursuant to Section 21 or approved as
3 eligible pursuant to Section 22.
4 c. The legal facilities described in Parts 1 to 5 in Chapter VI shall only be
5 available to assist domestic actors deemed eligible pursuant to Section 21 or
6 approved as eligible pursuant to Section 22, with respect to international
7 personnel, goods, equipment, and transport they bring to the country from
8 abroad to provide disaster relief or initial recovery assistance.
9 Sec. 21. Deemed EligiUlity for Legal Facilities for Certain Assisting Actors. -
10 a. Upon the commencement of an international disaster relief period pursuant
18 b. In order to facilitate access to the legal facilities, the NDRRMC shall provide
22 a. With the exception of those deemed eligible pursuant to Section 21, assisting
23 actors seeking eligibility shall apply in accordance with this Section. Assisting
24 international actors may apply only if they are recognized as a legal person in
29 the onset of a disaster. In the event that eligibility for legal facilities is granted
30 in advance of a disaster, it will remain valid for 1 year, after which a new
31 application is required. The legal facilities will enter into legal effect only
13
1 d. All Assisting Actors seeking eligibility shall submit:
2 (i) certified copies of documents evidencing their legal personality in a
3 foreign jurisdiction or under international law, in the case of assisting
4 international actors, or under the laws of the Philippines, in the case
11 assistance;
12 (iv) an undertaking relating to their organizational commitment and
17 legal facilities, or by giving notice that the application has not been approved.
18 (i) For applications made during the international disaster relief period,
19 the NDRRMC shall respond no later than 2 days after receipt of all
20 required documents.
21 (ii) For applications made after the termination of an international
23 period, the NDRRMC shall respond no later than 5 days after receipt of
30 of an assisting actor deemed eligible purf .uant to Section 21, the NDRRMC shall
31 issue a certificate indicating that the assisting actor is eligible for the relevant
14
1 certificate shall state that the eligibility extends to the legal facilities in Parts 1
2 to 5 of Chapter VI.
3 d. A certificate issued in accordance with this Section shall be valid for a period
4 of 1 year from the date of issue and may be renewed through a new decision
5 under Section 20 or Section 22.
6 Sec. 24. Termination of Eligibility for Legal Facilities. - Eligibility of assisting actors
7 for the relevant Chapter VI legal facilities may be terminated upon the request of the
8 eligible actor concerned or upon the termination of the legal facilities for failure to
9 comply with this Act, pursuant to Section 56 of this Act.
10 CHAPTER VI
11 LEGAL FACILITIES FOR ELIGIBLE ACTORS
12 PART 1
13 INTERNATIONAL PERSONNEL
14 Sec. 25. Disaster Visa. - The international personnel of eligible actors shall be
15 entitled to waiver of entry visa requirements, including any associated fees or charges.
16 International personnel who enter the Philippines under this Disaster Personnel visa
17 waiver shall be allowed to undertake disaster relief and initial recovery work for their
18 sponsoring entities without the requirement to seek a separate residence or work
19 permit. As long as they continue as international personnel of their sponsoring
20 entities, they shall be entitled to remain in or re-enter the territory as often as necessary
21 throughout the international disaster relief and international initial recovery periods.
22 After that time, they may apply for a relevant visa from within the country.
23 Sec. 26. Reception of Foreign Professional Qualifications -
24 a. Eligible assisting actors wishing to deploy international personnel for tasks
25 requiring legal recognition of their foreign professional qualifications shall
26 certify the validity of those qualifier tions and the competence of their
27 personnel for the tasks envisaged.
28 b. Within six months of the entry into force of this Act, the Department of
29 Foreign Affairs shall establish lists of countries and/ or educational institutions
30 whose health professionals, architectural, engineering, and other relevant
31 professionals may be given automatic recognition of their foreign qualifications
32 when certified by an eligible assisting actor pursuant to subsection (a) of this
15
1 Section. The lists shall be reviewed at least once per year and published
2 electronically.
3 c. The Department of Foreign Affairs shall also establish expedited procedures
4 to be applied for the assessment and recognition of the foreign qualifications of
5 the international personnel originating from countries or institutions not
6 included on the above-mentioned lists when certified by their sponsoring
7 eligible assisting actor pursuant to subsection (a) of this Section.
8 d. Recognition of qualifications under this Section shall exempt international
9 personnel of eligible actors from any obligations for compulsory membership
10 of professional associations or other professional registration processes within
11 the Philippines until the end of the international initial recovery period.
12 e. Recognition of qualifications under this Section shall remain valid until the
13 end of the international initial recovery period, absent individual criminal
14 conduct, or other professional miscondu ct sufficient to bar the individual from
15 professional practice in the Philippines.
16 Sec. 27. Recognition of Foreign Driving Licenses.- The Land Transportation
17 Office (LTO) and other relevant authorities shall accord temporary recognition of the
18 foreign driving licenses of the international personnel of eligible actors, during the
19 international disaster response and initial recovery periods.
20 Sec. 28. Freedom ofAccess. -
21 a. The international personnel of eligible actors under this Act shall be provided
22 freedom of access to disaster-affected areas and persons requiring disaster
23 relief or initial recovery assistance, subject only to limitations based on national
24 security, public order, or public health, weighed in the context of the urgency
25 of the disaster needs. They shall be permitted to provide their goods and
26 services directly to affected persons.
27 b. In situations where the relevant authorities have decided to restrict public
28 access to affected areas out of concern for the safety of those persons seeking to
29 enter, they shall warn the international personnel of eligible actors, but allow
30 them to enter, if they may do so without endangering others and if the
31 international personnel assume the risk.
32 PART 2
16
1 ENTRY OF INTERNATIONAL DISASTER GOODS AND EQUIPMENT
2 Sec. 29. Customs Facilitation and Priority Treatment - As further described in this
3 Part, the Bureau of Customs shall facilitate the rapid importation of consignments of
4 goods and equipment by eligible actors and shall accord them priority treatment in
5 handling.
6 Sec. 30. Duty of Compliance of Eligible Actors. - In order to benefit from the legal
7 facilities in this part, eligible actors shall:
8 a. declare that all the goods and equipment they seek to import under this Part
9 are exclusively for disaster relief or initial recovery assistance and that they
10 comply with any relevant standards under national law, including as provided
11 in this Act or its regulations; and
12 b. pack, classify and mark their consignments in accordance with the
13 requirements described in this part and as directed by the Bureau of Customs.
14 Sec. 31. Representation to Customs - Eligible actors may make representations
15 directly to the Bureau of Customs with respect to their international disaster assistance
16 consignments or through a designated third party acting on their behalf.
17 Sec. 32. Exemption from Import Duties, Taxes, and Restrictions. - Consignments of
18 goods and equipment by or on behalf of eligib1 e actors shall b(3nefit from:
19 a. exemption from all duties and taxes;
20 b. waiver of economic prohibitions and restrictions except for categories of
21 special goods and equipment as provided in Part 3 of this Act; and
22 c. clearance without regard to the country of origin or the country from which
23 the goods have arrived, subject to monitoring for reasons of public health and
24 security.
25 Sec. 33. Simplification of Document Requirements. - The Bureau of Customs shall:
26 a. clear or release consignments of goods and equipment sent by or on behalf
27 of eligible actors on the basis of a simplified/ provisional goods declaration
28 providing the minimum information necessary for the Bureau of Customs to
29 identify the goods and equipment: Provided, that eligible actors are subject to
30 completion of a more complete declaration within a specified period;
31 b. allow a single goods declaration for all imports of goods or equipment by or
32 on behalf of eligible actors;
17
1 c. allow the goods declaration and any supporting documents relating to
2 consignments of goods equipment sent by or on behalf of eligible actors to
3 be lodged electronically and without any fee;
4 d. allow the lodging and registering or checking of the goods declaration and
5 supporting documents prior to the arrival of consignments of goods or
6 equipment sent by or on behalf of eligible actors, to facilitate their release upon
7 arrival; and
8 e. waive any requirement of translation of details in documents relating to
9 consignments of goods or equipment sent by or on behalf of eligible actors
10 unless it is absolutely necessary for the purposes of release or clearance.
11 Sec. 34. Extended Hours for Customs. - During the international disaster relief
12 period only, the Bureau of Customs shall:
13 a. upon request, and without additional charges, carry out the functions
14 necessary for the release or clearance oc consignments of goods or equipment
15 imported by or on behalf of eligible actors outside their designated hours of
16 business and/or away from customs offices when necessary; and
17 b. coordinate with the business hours and competencies of any other relevant
18 departments involved in the approval of incoming consignments and,
19 whenever possible, carry out joint operations, such as joint customs controls,
20 including participation in SWIFTs, if established under Section 13 of this Act.
21 Sec. 35. Inspections and Customs Security. - During the international disaster
22 relief period only, the Bureau of Customs shall:
23 a. on the basis of risk analysis, take only such action as it deems essential to
24 ensure compliance with customs and related laws for the purpose of checking
25 the goods declaration of a consignment sent by or on behalf of eligible actors;
26 and
b. waive, as feasible, any customs security that would normally be required in
respect of consignments of goods and equipment imported on or behalf eligible
actors.
27 PART 3
28 EXPEDITED ENTRY AND USE RESTRICTIONS FOR SPEaFIC INTERNATIONAL
29 DISASTER GOODS AND EQUIPMENT
18
1 Sec. 36. Telecommunications Ecjuipment -
2 a. Eligible actors shall be permitted to import telecommunications equipment
3 for the purpose of disaster relief or initial recovery assistance without
4 restrictions, except as required for purposes of national security or public order.
5 b. Upon notification of the names, frequencies, as applicable, and locations of
6 the intended use of such telecommunic ations equipment imported by eligible
7 actors, the National Telecommunications Commission NTC shall waive any
8 licensing requirements or fees for their use.
9 c. The NTC shall also grant eligible actors priority over domestic users with the
10 exception of security forces, ambu'ance services, and otlier domestic
11 emergency responders in access to bandwidth, frequencies, and satellite use for
12 telecommunications and data transfer associated with disaster relief and initial
13 recovery assistance.
14 Sec. 37. Medications. - [
j
19
1 (ii) transported and maintained by the eligible actor in appropriate
2 conditions to ensure their quality xmtil they reach their intended
3 domestic recipients; and
4 (iii) appropriately labeled in a language understood in the affected State
5 with the international non-proprietary name or generic name, batch
6 number, dosage form, strength, Jiame of the manufacturer, quantity in
7 the container, storage conditions, and expiry date.
8 Sec. 38. Food. - Food imported by eligible actors shall be pursuant to expedited
9 procedures set out by regulations to be developed within 6 months from the effectivity
10 of this Act by the DOH and the Department of Agriculture (DA).
11 Sec. 39. Imported Vehicles. - The LTO shall grant temporary recognition to
12 foreign registration and plates to vehicles imported by eligible actors during the
13 international disaster relief period and the international initial recovery period.
14 Sec. 40. Search Dogs. - Search dogs imported temporarily by eligible actors shall
15 be admitted without the need for quarantine so long as they meet the conditions and
16 requirements of special regulations to be developed within 6 months from the
17 effectivity of this Act by the Bureau of Animal Industry.
18 PART 4
19 PERMITTED DISPOSITION OF EQUIPMENT AND UNUSED GOODS
20 Sec. 41. Disposition of Equipment and Unused Goods. -
21 a. This part sets out the permitted disposition of goods or equipment for which
22 eligible actors have received waivers or exemptions from fees, duties, taxes, or
23 other charges pursuant to this chapter and which remain in their possession as
24 of the end of their disaster relief and initial recovery assistance operations.
25 b. Such goods and equipment may be:
26 (i) retained by eligible actors that are non-profit entities and used or
27 distributed by them for humanitarian, development or charitable
28 purposes in the Philippines;
29 (ii) re-exported pursuant to Section 42;
30 (iii) donated pursuant to Section 43; or
31 (iv) disposed of pursuant to Section 19.
32 c. Additionally, such goods and equipment may be sold, but only:
20
1 (i) after the termination of the initial recovery period; and
2 (ii) with payment of all fees, duties, taxes, or charges that were
3 previously waived or exempted for these items under this Chapter.
4 Sec. 42. Re-Export of Goods and Equipment - Eligible actors that import
5 equipment or goods benefitting from the legal facilities in this chapter are permitted
6 to re-export any equipment or unused goods and to do so without the imposition of
7 any taxes, export duties, or similar charges, provided that:
8 a. re-export is commenced no later than 2 months after the termination of the
9 international initial recovery period; and
10 b. they provide documentation that the equipment and goods in question were
11 originally imported for the purpose of disaster relief or initial recovery
12 assistance pursuant to this Chapter.
13 Sec. 43. Donation of Unused Goods and Equipment. - When they are no longer
14 needed for their disaster relief or initial recovery assistance, eligible actors are
15 permitted to donate any imported or locally pu rchased goods and equipment without
16 the imposition of any taxes, fees, duties, or similar charges on either the donor or the
17 beneficiary, provided that:
18 a. the donation is made no later than two months after the termination of the
19 international initial recovery period;
20 b. the eligible assisting international actor provides documentation to the BOC
21 and the Bureau of Internal Revenue (BIR) on the identity of the importer or
22 purchaser, the date of import or purchase, and the fact that the item or group
23 of items was imported or purchased pursuant to the legal facilities in
24 this Chapter;
25 c. the beneficiary of the donation is the Philippine Red Cross, a domestic NGO,
26 or other non-profit charitable or humanitarian organization established in the
27 Philippines; and
28 d. any items thus donated may not be sold unless fees, duties, taxes, or charges
29 that were previously waived or exempted for these items under this Chapter
30 are paid.
31 PARTS
32 TRANSPORT
21
1 Sec. 44. Facilitation of Means of Transport - Ground, air, and water transport
2 vehicles operated by or on behalf of eligible assisting actors to transport international
3 and locally engaged personnel, goods, or equipment for the purposes of disaster relief
4 or initial recovery assistance shall:
5 a. Be priority in air traffic routing and landing permissions subject to existing
6 laws, rules, and regulations of the proper authorities.
7 b. Be exempt from any applicable taxes, J evies, duties, fees, or charges normally
8 imposed by governmental entities of the Philippines, including, but not limited
9 to:
10 (i) over flight, landing, parking, taking off and navigation service fees;
11 (ii) demurrage and docking fees; and
12 iii) road tolls.
13 c. Be exempt from any prohibitions, limitations, or restrictions in respect of
14 their arrival, overflight, landing, stay and departure, other than those necessary
15 to guarantee national security, public sa cety, or public healtla.
16 Sec. 45. Entry of Transport Operators. -The appropriate authorities shall endeavor
17 to reduce and expedite any procedures for the entry of drivers, pilots and crew of
18 transport vehicles operated by on or behalf of eligible actors.
19 Sec. 46. Notice of Transport. - To facilitate the provision of the legal facilities in
20 this part, eligible assisting actors or their carriers shall:
21 a. inform the Civil Aviation Authority of the Philippines CAAP) in advance of
22 the intended route of flights, type and call signs of the aircraft, number of crew
23 members, the character of the cargo, time-table of flights, and the list of all
24 passengers, and shall comply with any directions from the CAAP as to air
25 traffic control and landing procedures.
26 b. inform the relevant marine authority in advance, of the intended port or
27 location of arrival each water vessel, the type, make and registration number
28 of each vessel, the number of personnel operating and on board each vessel and
29 the equipment, facilities and other materials on board each vessel, and shall
30 comply with any directions from the relevant authority as to the control of
31 incoming vessels or docking procedures.
32 PART 6
22
1 LEGAL CAPAaXY AND EMPLOYMENT
2 Sec. 47. Legal Capacity ofAssisting International Actors. - The status of eligibility
3 for legal facilities of an assisting international actor includes such legal capacity as
4 may be relevant for the exercise of its functions and the fulfilment of its purposes in
5 providing international disaster relief or initial recovery assistance accordance with
6 the laws of the Philippines during the international disaster relief and initial recovery
7 periods, in particular the capacity to:
8 a. open bank accounts;
9 b. enter into contracts, including leases;
10 c. acquire and dispose of movable property;
11 d. receive and disburse private funds;
12 e. initiate legal proceedings; or
13 f. engage and terminate locally engaged personnel, as set out in Section 49 this
14 Act
15 Sec. 48. Engagement and Termination of Locally Engaged Personnel -
16 a. Subject to Section 4 of this Act, and except as provided this Section, all
17 eligible assisting international actors shall comply with the applicable law in
18 the Philippines with regard to the employment of locally engaged personnel;
19 b. Eligible assisting international actors shall not be required to make any
20 separate registration as employers, including for the purposes of taxation,
21 social security, and social insurance registration requirements relating to the
22 employment of locally engaged personnel.
23 c. Notwithstanding any provisions of labor and employment laws to the
24 contrary, eligible assisting international ictbrs may:
25 (i) recruit any individual legally entitled to perform the work envisaged
26 in Philippines through a non-discrin}itnatory process; and
27 (ii) engage local personnel pursuant |to fixed-term contracts, which may
28 be of short duration, and may be renewed as required without creating
29 an open-ended obligation.
30 Sec. 49. Jurisdiction over International Personnel - Jurisdiction concerning
31 contracts between eligible assisting international actors and international personnel
23
1 engaged by them shall be determined based on the application of Philippine laws on
2 jurisdiction.
3 PART 7
4 TAXATION OF ELIGIBLE ASSISTING INTERNATIONAL ACTORS
5 Sec. 50. Value-Added Tax (VA). -
6 a. The supply of disaster relief and initial recovery assistance by an eligible
7 assisting international actor shall be exempt from all vat, service taxes and
8 similar taxes, duties, levies, and governmental fees where such supply takes
9 place during the international disaster relief or initial recovery periods. Eligible
10 assisting international actors shall also be exempt from registration for vat
11 during the same periods.
12 b. In providing this legal facility the BIR shall take all practical steps to ensure
13 that local suppliers suffer no negative financial or administrative impact in
14 providing goods or services to eligible assisting international actors.
15 Sec. 51. Income Tax. -
16 a. The activities of an eligible assisting international actor carried on for the
17 purpose of providing disaster relief or initial recovery assistance shall be
18 subject to income tax on any actual or deemed income or gain arising from such
19 activities.
20 b. The international personnel of an eligible assisting international actor shall
21 not be treated as a resident of the Philippines or as having any other connection
22 with the Philippines relevant for taxation purposes by reason of their presence
23 in the Philippines or activities undertaken there during the international
24 disaster relief and initial recovery periods except in instances where any actual
25 or deemed income or gain is realized.
26 Sec. 52. Property, Assets, and Similar Taxes. - During the international disaster
27 relief or international initial recovery periods, no taxes, duties, levies, or governmental
28 fees having similar effect shall accrue or be payable by eligible assisting international
29 actors in connection with:
30 a. land, a building, or any part of a building where such land, building, or part
31 thereof is wholly or primarily used by an eligible assisting international actor
32 for the purpose of disaster relief or initial recovery assistance; and
24
1 b. the assets of an eligible assisting international actor.
2 PART 8
3 CURRENCY AND BANKING
4 Sec. 53. Right to Bring Necessary Funds and Currencies into the Country. - The
5 Department of Finance (DOF) shall facilitate the entry of such funds and currencies
6 by eligible assisting international actors to provide disaster relief and initial recovery
7 assistance.
8 Sec. 54. Preferential Exchange Rates. - The DOF shall make available to eligible
9 assisting international actors the best available legal exchange rates into the state
10 currency for funds to be used for the purpose of providing disaster relief or initial
11 recovery assistance.
12 CHAPTER \TI
13 SUPERVISION, REPORTING AND SANCTIONS
14 Sec. 55. Supervision ofAssisting Actors. -
15 a. The NDRRMC shall be responsible for monitoring the compliance of
16 assisting actors with their responsibilit'es under this Act, and in particular
17 Chapter IV.
18 b. To facilitate the NDRRMC s oversight, it may require assisting actors to
19 report to it, at reasonable intervals, about the disaster relief and initial recovery
20 assistance they provide. These reports shall be made public tJhrough electronic
21 means.
22 c. Any reporting requirements imposed by the NDRRMC under this Section
23 shall be designed to reduce any administrative burden on assisting actors to
24 the minimum necessary.
25 Sec. 56. Non-Compliance by Assisting Actors. -
26 a. If on the basis of credible information, the NDRRMC suspects that any
27 assisting actor has failed to materially comply with its responsibilities under
28 this Act, and in particular its responsibilities under Chapter IV, it shall
29 immediately consult with the assisting actor and seek clarification or
30 explanation If still unsatisfied, the NDRRMC shall provide written notice of
31 non-compliance along with a decision either:
25
1 (i) to require the assisting actor to bring itself into compliance within a
2 specified period of time, with or without temporary suspension of its
3 eligibility, if any, for legal facilities under Chapter VI;
4 (ii) to revoke the assisting actor s eligibility, if any, for legal facilities
5 under Chapter VT;
6 (iii) in the case of deliberate misrepresentation or fraud, to impose fines
7 to be set out by implementing regulation; or
8 iv) in the most extreme cases concerning an assisting international actor,
9 to revoke the Philippines/ consent for it to provide disaster relief or
10 initial recovery assistance in response to the disaster.
11 b. In the event of a decision to revoke pursuant to subsection (a)(iv) of this
12 Section, if the assisting international actor lacks a legal basis independent of
13 this Act to remain in the country, it may be required to depart, as of a date no
14 sooner than 30 days from the date of the notice,
15 c. Decisions to suspend or revoke legal Ifacilities pursuant to subsections
16 (a)(i) or a)(ii) of this Section may not be given retroactive effect, except in cases
17 of fraud or criminal misconduct attributable to the assisting international actor.
18 Sec. 57. Transparency as to Internationally Donated Funds. —
19 a.Jnternationally donated funds received by the Government of the Philippines
20 for the purposes of disaster relief and initial recovery assistance shall be subject
21 to audit by the Commission on Audit (COA) no later than six months after the
22 termination of the international disaster relief period or the international initial
23 recovery period. The results of these audits shall be made publicly available.
24 b. International donated funds received by Assisting domestic actors shall be:
25 (i) maintained in a dedicated accbunt for disaster relief or initial
26 recovery assistance;
27 (ii) subjected to an external audit no later than six months after the
28 termination of the international disaster relief period or the
29 international initial recovery period, whichever is sooner. The results of
30 these audits shall be reported to the appropriate authority and made
31 publicly available.
26
1 Sec. 58. Congressional Oversight Committee. - A Congressional Oversight
2 Committee is hereby created to be composed of ttie 3 members each from the Senate
3 and the House of Representatives who shall be designated by the Senate President
4 and the Speaker of the House of Representati^ es: provided, that 1 of the 3 Senators
5 and 1 of the 3 House members shall be nominated by the respective minority leaders
6 of the Senate and the House of Representatives.
7 The Oversight Committee is hereby mandated to oversee the implementation
8 this act. For tliis purpose, the Oversight Commit tee shall set the guidelines and overall
9 framework for the monitoring of the implementation of this Act and shall adopt its
10 internal rules of procedures.
11 Sec. 59. Annual Reporting on Implementation. - The NDRRMC shall report
12 annually to the Congressional Oversight Committee created by Section 58 of this Act
13 on steps taken to implement this Act, including preparedness measures taken prior to
14 a disaster.
15 Sec. 60. Sanction for Non-Compliance by Ojficials. — Officials of the Philippines
16 that fail to abide by their responsibilities under this Act shall be subject to
17 administrative sanctions, without prejudice to any civil or criminal liability under
18 other laws that might also attach to the official s actions or omissions.
!
19 CHAPTER Vin
20 TRANSIT OF INTERNATIONAL DISASTER ASSISTANCE
21 Sec. 61. Facilitation for Transit. - In the event a Disaster occurs in another country
22 for which international disaster assistance is required the BOC and the Bureau of
23 Immigration (Bl) shall facilitate the speedy transit or transshipment across the national
24 territory of the Philippines of international disaster assistance by assisting
25 international actors, including international personnel, goods, equipment, and
26 transport, in order to reach the affected country.
27 Sec. 62. Transit Facilities Period. —
28 a. When, after seeking the views of relevant authorities of a disaster
29 affected country, the BOC and the Bl are satisfied that international disaster
I
30 relief or initial recovery assistance is likely, to be required and that the transit
31 or transshipment of international personnel, goods or equipment through its
27
1 . territory is likely to be helpful, the BOC and the B1 may declare the beginning
2 of a Transit Facilities Period.
3 b. The Transit Facilities Period shall continue until terminated by the BOC and
4 the Bl, when they are satisfied that Tranrit Facilities are no longer required.
5 c. The termination of a Transit Facilities Period shall be announced to assisting
6 international actors no later than 5 days prior to the proposed date.
7 d. The transit facilities described in this Chapter shall be effective only during
8 the Transit Facilities Period.
9 Sec. 63. Entitlement to Transit Facilities. -
10 a. Subject to subsection (b), all assisting international actors shall be entitled to
11 the Transit Facilities provided in this Chapter upon declaration that the
12 international personnel, equipment, and goods that they seek to send in transit
13 through the Philippines are for the purpose of providing international disaster
14 relief or initial recovery assistance to a disaster-affected country.
15 b. The BOC and the Bl may deny transit facilities to any assisting
16 international actor, case of actual or suspected fraud or if necessary to
17 safeguard national security or public herdth.
18 Sec. 64. Disaster Transit Visa. — International Personnel entering the Philippines
19 for the purpose of transit to a disaster-affected country shall be entitled to waiver of
20 entry visa requirements, including any associated fees or charges on the condition that
21 they exit the territory of the Philippines within i period of 24 hours.
22 Sec. 65. Goods and Equipment in Transit and Transshipment. - The provisions of
23 Parts 2 and 3 of Chapter VI shall apply, mutatis mutandis, to consignments of goods
24 and equipment by eligible actors, when placed under customs transit or
25 transshipment to an affected country.
26 Sec. 66. Transport for Transit and Transshipment. - The provisions of Part 5 of
27 Chapter VI shall also apply mutatis mutandis, to the ground, air, and water vehicles
28 of eligible actors in transit through the territorial lands, waters, or airspace of the
29 Philippines to provide international disaster relief or initial recovery assistance to an
30 affected country.
31 CHAPTER IX
32 IMPLEMENTATION, TRANSITIONAL AND FINAL PROVISIONS
28
1 Sec. 67. Implementing Rules and Regulation. - The NDRRMC together with the
2 DOF, BIR, BOC, LTO, and other government agencies mentioned in this Act shall
3 draft the rules and regulations concerning all matters which are required or permitted
4 to be prescribed, or which are necessary to carry this Act into effect or to give effect to
5 any power, function, duty, or authority under tliis Act.
6 Sec. 68. Separability Clause. - If any provision or part of this Act, or the
7 application thereof to any person or circumstances, is held invalid or unconstitutional,
8 the remaining sections of this Act or the application of such provision or part hereof
9 to other persons or circumstances shall remain full force and effect.
10 Sec. 69. Repealing Clause. All laws, decrees, orders, issuances, rules and
11 regulations, or parts thereof inconsistent with the provisions of this Act are hereby
12 repealed, amended, or modified accordingly.
13 Sec. 70. Effectivity - This Act shall take effect fifteen (15) days after its approval
14 and publication in the Official Gazette and/or in two (2) newspapers of general
15 circulation, whichever comes earlier.
Approved,
29
Senate
-■'(©HiCP of tlif
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session ) •22 JUL25 PI 30
SENATE
s.No. 835
AN ACT
PROVIDING POLICIES AND PRESCRIBING PROCEDURES TO
PREVENT, CONTROL, AND RESPOND TO INFECTIOUS DISEASES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11332,
OTHERWISE KNOWN AS THE MANDATORY REPORTING OF
NOTIFIABLE DISEASES AND HEALTH EVENTS OF PUBLIC
HEALTH CONCERN ACT, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The 2019 Coronavirus Disease (COVID-19) has infected more than five
hundred forty-five million individuals and has claimed the lives of more than six
million worldwide in two (2) years.1 Notable variants of the virus have emerged since
the World Health Organization (WHO) declared COVID-19 as a pandemic in 2020.
The new variants are reported to be more aggressive and contagious, increasing
pressure on global health systems and the economy.
In the Philippines alone, as of July 14,2022, COVID-19 has infected more than
three million seven hundred thousand Filipinos (3,723,014 confirmed cases) and has
claimed the lives of more than sixty thousand six hundred others (60,640 deaths).2
The COVID-19 pandemic has brought lasting social and economic losses to the
government, the private sector, and even individual Filipinos. Public health measures
This bill seeks to provide additional measures to preserve the health of the
Filipino people, ensure health promotion, and respond effectively in the event of the
emergence or re-emergence of an infectious disease.
LOREN LEGARDA
of tl)e ^t crctfu-i>
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PTELIPPINES
First Regular Session ) *22 JUL25 PI 30
S. No. 835
AN ACT
PROVIDING POLICIES AND PRESCRIBING PROCEDURES TO
PREVENT, CONTROL, AND RESPOND TO INFECTIOUS DISEASES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11332,
OTHERWISE KNOWN AS THE MANDATORY REPORTING OF
NOTIFIABLE DISEASES AND HEALTH EVENTS OF PUBLIC
HEALTH CONCERN ACT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:
la SECURITY.
11 THE DOH SHALL PROVIDE THE PUBLIC WITH TIMELY
12 INFORMATION PERTAINING TO HEALTH CONCERNS AND
13 PRESENT RESPECTIVE PARTICULARITIES AND CASE
14 DEFINITIONS. IT SHALL LIKEWISE CONDUCT MASS TESTING
15 FOR EARLY PREVENTION AND CONDUCT PERIODIC
16 REPORTING ON RESULTS FOR EFFECTIVE RISK
Approved,
of til? ■ ctfirji
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session ) ■22 JUL 25 PI 36
s. No. 842
AN ACT
TO REGULATE NOISE POLLUTION BY CREATING THE NOISE POLLUTION
CONTROL BOARD (NPCB), PROVIDING FUNDS THEREFOR AND FOR
OTHER PURPOSES
EXPLANATORY NOTE
Noise pollution takes place when there is an excessive amount of noise or an
unpleasant sound that tends to disrupt the natural rhythm of life. Noise pollution is
an environmental hazard and should not be ignored because of its alarming effects on
human health.
'World Health Organization (WHO). (Burden of disease from environmental noise. Retrieved from
https://apps.who.int/iris/bitstream/handle/10665/326424/9789289002295-eng.pdf?sequence=l&isAUowed=y
premature deaths. In addition, it was estimated that 22 million people are subjected
to chronic high annoyance, and 6.5 million people endure chronic high sleep
disturbance. Aircraft noise is estimated to suffer 12,500 school children from reading
impairment in school.2
This bill, therefore, seeks to regulate noise pollution by creating the Noise
Pollution Control Board (NPCB), which shall formulate and implement policies and
programs on noise pollution control. This measure also prescribes the standards and
criteria for determining any violations on noise pollution and its corresponding
penalties.
LOREN LEGARDA
2 European Union (20 March 2020). Noise pollution is a major problem, both for human health and the environment. Retrieved
from https:/ / www.eea.europa.eu/ articles/noise-pollution-is-a-major
Ornate
NINETEENTH CONGRESS OF THE of tl)f iferrrrtnrp
REPUBLIC OF THE PHILIPPINES
First Regular Session ) *22 JUL25 PI 36
SENATE RECEIVED BV
s.No. 842
AN ACT
TO REGULATE NOISE POLLUTION BY CREATING THE NOISE POLLUTION
CONTROL BOARD (NPCB), PROVIDING FUNDS THEREFOR AND FOR
OTHER PURPOSES
Be it enacted hy the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:
1 Section 1. Short Title. - This Act shall be known as the "Noise Pollution Control
2 and Abatement Act".
3 Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
4 protect and promote the right to health, safet} and general welfare of the people by
5 providing them an environment free from environmental noise due to economic
6 development and modem technology that dismpt the natural rhythm of life.
7 Sec. 3. Definition of Terms. - For this Act, the following terms shall mean;
8 (a) Ambient Noise - the composite of noise from all sources near and far and in
9 a given environment, exclusive or occasional and transient intrusive noise
10 sources and of the particular noise source or sources to be measured^
11 (b) Decibel (dB) a unit of level which denotes the ration between two
12 quantities which are proportional tc power, the number of decibels
13 corresponding to the ration of two amounts^ of power is 10 of this ratio;
14 (c) Environmental Noise - the sound that is emitted in the course of industrial
15 production, constmction, transportation and social activities that impairs the
16 living environment of the people;
1 (d) Motor Vehicle — includes, but not limited to automobiles, trucks,
2 motorcycles, motor bikes and go carts;
3 (e) Noise Emission - noise discharged from the source to the living environment
4 of the neighborhood;
5 (f) Noise Pollution - an unwanted human-created sound that disrupts the
6 environment and emitted sporadically o; over a period of time; the dominant
7 form of which are derived from transportation sources, motor vehicles, sound
8 system, equipment, tolls, apparatus, machinery and the like;
9 (g) Noise-sensitive Structures — those that require a quiet environment such as
10 hospitals, schools, government offices, research institutions and residential
11 buildings;
12 (h) Octave band noise analyzer — an instrument for measurement of sound levels
13 in octave frequency band which satisfies the pertinent requirement for class 2
14 ban analyzers of the American National Standards Specifications;
15 (i) Person — an individual, firm, association, co-partnership, joint venture
16 corporation or any entity, private or public in nature;
17 (j) Sound amplifying equipment - any machine or devise for amplification of the
18 human voice, music or any sound including the following: (1) automobile
19 radios, stereo players, phonographs for television receivers used in or heard
20 only by the occupants of the vehicle in which the same is installed; (2) radio,
21 stereo players, phonographs or television receivers used in a house or
22 apartment within any residential zone or within 500 feet thereof; (3) warning
23 devices or emergency vehicles; and (4) horns or other warning devises
24 authorized by law on any vehicle when used for traffic purposes;
25 (k) Sound Level (Noise Level) - in decibels (dB), is the sound measured with an
26 "A" weighing and slow responses by a sound level meter, except an impulsive
27 or rapidly varying sounds, the fast response shall be used; ar d
28 (1) Sound Level Meter — an instrument inc] uding a microphone, an amplifier, an
29 output meter, and "A" frequency weighing network for the measurement of
30 sound levels;
31 Sec. 4. Creation of the Noise Pollution Control Board (NPCB). - To implement the
32 policies and attain the objectives enunciated under this Act, there is hereby created
1 the Noise Pollution Control Board (NPCB), hereinafter referred to as the "Board"
2 which shall be under the direct supervision of the Environmental Management
3 Bureau (EMB) of the Department of Environment and Natural Resources (DENR) and
4 shall have its principal office at Metro Manila.
5 Sec. 5. Composition of the NPCB. - The Board shall be composed of two (2)
6 Assistant Secretaries of the DENR, as Chairm.in, and Vice-Chainnan, respectively,
7 who shall both be appointed by the President. The following shall be the members of
8 the Board:
9 (a) one (1) representative from the Department of Health (DOH);
10 (b) one (1) representative from the Department of Transportation (DOTr);
11 (c) one (1) representative from the Department of Public Works and Highways
12 (DPWH);
13 (d) one (1) representative from the Department of Interior and Local
14 Government (DILG);
15 (e) one (1) representative from the Department of Trade and Industry (DTI);
16 (f) one (1) representative from the Department of Science and Technology
17 (DOST);
18 (g) one (1) representative from the Department of Labor and Employment
19 (DOLE); and
20 (h) one (1) representative from the Department of Human Settlements and
21 Urban Development (DHSUD).
22 Sec. 6. Powers and Functions of the Board. - The Board shall have the following
23 powers and functions:
24 (a) Formulate and implement such policies and programs necessary for the
25 accomplishment of the purposes of this Act;
26 (b) Set up, revise and/or modify existing noise standards consistent with
27 economic development and technology;
28 (c) Determine the source, magnitude, extcmt, severity, causes, effects and other
29 pertinent information regarding noise pollution and take such measures, using
30 available methods and technologies, as it shall deem best to prevent or abate
31 such pollution;
32 (d) Prescribe procedures and criteria for ihe measurement of sound level;
1 (e) Conduct continuing researches and studies on the effective means for the
2 control and abatement of noise pollution ;
3 (f) Develop comprehensive plans for the abatement of existing noise pollution
4 and the prevention of new or imminent pollution, the implementation of which
5 shall be consistent with the national development of the country and indicating
6 priorities and programs;
7 (g) Adopt, prescribe, promulgate and issue rules and regulations governing
8 compliance of the provisions of this Act;
9 (h) Develop and disseminate information and educational materials to all
10 sectors of society concerning public health and other effects of noise and the
11 most effective means for noise control, tlirough the use of materials for school
12 curricula, volunteer organizations, radio and television programs, publication
13 and other social media;
14 (i) Deputize in writing or request assistance from concerned government
15 agencies or instrumentalities for the purp ose of enforcing the provisions of this
16 Act;
17 (j) Issue, renew or deny permits under such conditions as it may determine to
18 be reasonable for the prevention and abatement of noise pollution;
19 (k) Impose reasonable fees and charges for the issuance or renewal of permits
20 relative to the compliance of the provisions of this Act; and
21 (i) Exercise and perform such other powers and functions as may be 35
22 necessary or incidental to the attainment of the purposes and 36 objectives of
23 this Act.
24 Sec. 7. Secretariat of the Board. — The Board shall establish a Secretariat which
25 shall assist in the implementation of this Act. Its staffing pattern shall be established
26 in coordination with the Department of Budget and Management (DBM) and in
27 accordance with the Civil Service rules and regulations.
28 Sec. 8. General Requirements and Restrictions on Noise Level and Control. — The
29 following shall be the general requirements and restrictions on noise level:
30 (a) Any noise level caused by use or operation of radio, television receiver,
31 musical instrument, phonograph or other Similar machine or devise which is
32 audible to the human ear shall be at a distance not to exceed 150 feet from the
1 property line of the noise source, within any residential zone or within 500 feet
2 thereof;
3 (b) Any noise level caused by such use or operation which exceeds the ambient
4 noise level on the premises of any other occupied property, or if a
5 condominium, apartment, house, duplex, or attached business, within an
6 adjoining unit, shall not exceed five (5)decibels; and
7 (c) The most modem, effective and affordable technology shall be used to
8 control noise emissions.
9 Sec. 9. Sound Level Measurement Procedure and Criteria. — The following are the
10 sound level measurement procedure and criteria:
11 (a) Any sourxi level measurement me de pursuant to the provisions of this
12 Act shall be measured with a sound level meter using the "A" weighing and
13 response; except when impractical, die microphone shall be located 4 to 5
14 feet above the ground and 10 feet or more from the nearest reflective surface;
15 (b) If the sound alleged to be offending is of a type or character set forth
16 below:
17 1. Except for noise emanating from any electrical transformer or
18 gas metering and pressure control equipment existing and
19 installed prior to the effective date of the ordinance enacting this
20 chapter, any steady tone with audible fundamental frequency or
21 overtones have 200Hz.
22 2. Repeated impulsive noise.
23 3. Noise occurring more than 5 but less than 15 minutes in any
24 period of 60 consecutive minutes between the hours of 7:00 a.m.
25 and 10:00 p.m. of any day.
26 (c) For those cases where an objectionable noise is clearly audible,
27 but when the level of ambient noise does not permit direct
28 quantitative sound level "/e measurements of the objectionable
29 noise, sound measurements may be performed utilizing an
30 octave band sound analyzer to determine sound level "A" limits
31 as indicated in the Table below. This table is used to convert the
sound pressure level meter readings in dB for each band to SPL
in dB (A) for each band.
Table: Octave Band Noise Value Corresponding to Sound Level "A" Values
Octave Band Sound Pressure Level, dB re 0.0002 dyne/cm
Sound Octave Band Center Frequency in Hz
level
"A" 31.5 63 125 250 530 1000 2000 4000 8000
35 58 50 42 35 32 29 26 23 20
40 61 54 46 40 37 34 31 28 25
45 64 58 51 45 42 39 36 33 30
50 67 61 55 50 '\7 44 41 38 35
55 70 64 60 55 52 49 46 43 40
60 73 68 64 60 57 54 51 48 45
65 76 72 68 65 62 59 56 53 50
70 79 76 73 70 67 64 61 58 55
75 84 81 78 75 72 69 66 63 60
4 Sec. 10. Criteria/ Standards for Violations of this Act. — In determining any
5 violation of this Act, the following criteria or standards shall be considered:
6 (a) Level of noise;
7 (b) Whether the nature of the noise is usual or unusual;
8 (c) Whether the origin of the noise is natural or unnatural;
9 (d) Level and intensity of the background noise, if any; *
10 (e) Proximity of the noise to residential sleeping facilities;
11 (f) Nature and zoning of the area within which the noise emanates;
12 (g) Density of the inhabitation of the area within which the noise emanates;
13 (h) Time of the day and night the noise occurs;
14 (i) Duration of noise;
15 (j) Whether the noise is recurrent, intem ittent, or constant; and
16 (k) Whether the noise is produced by a commercial or non-commercial activity.
17 Sec. 11. Procedure and Criteria for Sound Level Measurement. — Any sound
18 measurement made pursuant to the provisions of this section shall be measured with
19 a sound level meter using the "A" weighing and response as indic:ated in Section 9
1 hereof. Except when impractical, the microphone shall be located four (4) to five (5)
2 feet above the ground and ten (10) feet or more from the nearest reflective surface.
3 However, in those cases where another elevatron is deemed appropriate, the latter
4 shall be utilized, interior sound level measuremerlts shall be made at a point at least
5 four (4) feet from the wall, ceiling, or floor nearest the noise source. Calibration of the
6 sound level meter, utilizing an acoustic calibrator shall be performed immediately
7 prior to recording any sound level data. The ambient noise level and the level of a
8 particular noise being measured shall be the numerical average of noise
9 measurements taken at a given location during a given time period.
10 Sec. 12. Prohibited Acts. - Any person who willfully make or continue, or cause
11 to be made or continued, any loud, unnecessary and unusual noise which disturbs the
12 peace or quiet of any neighborhood or which causes discomfort or annoyance to any
13 reasonable person of normal sensitiveness residing in the area shall be liable for noise
14 pollution and punishable under this Act.
15 The following shall constitute as prohibited acts punishable under this Act:
16 (a) Use or operate any radio, musical instrument, pJionograph, television
17 receiver, or other machine or device for producing, reproducing or
18 amplification of the human voice, music, or any other sound, in such a manner
19 as to disturb the peace, quiet, and comfort of the neighbor occupants or any
20 reasonable person residing or working in the area;
21 (b) Operate any air conditioning, refrigeration or heating equipment for any
22 residence or other structure or to operate any pumping, filtering or heating
23 equipment for any pool or reservoir in such manner as to create any noise which
24 would cause the noise level on the premises of any otlier occupied property or
25 if a condominium, apartment house, duplex, or attached business, within any
26 adjoining unit to exceed the ambient noise level by more than five (5) decibels
27 except when the operation of the equipment, instrument is for emergency work,
28 periodic maintenance or testing or is reasonably necessary;
29 (c) Operate any lawn mower, back pack blower, lawn edger, riding tractor, or
30 any other machinery, equipment, or other mechanical or electrical device, or any
31 residential zone or within 500 feet of a residence between the hours of 10:00 p.m.
32 and 7:00 a.m. of the following day;
1 (d) Operate or cause to be operated any machinery, equipment, tools, or other
2 mechanical or electrical device or engage in any other activity in such manner
3 as to create any noise which would cause the noise level on the premises of any
4 other occupied property, or, if a condominium, apartment house, duplex, or
5 attached business, within any adjoining tmit, to exceed the ambient noise level
6 by more than five (5) decibels;
7 (e) Use gas powered blower within 500 feet of a residence at any time with the
8 exception of leaf vacuum devices which operate at a sound level not to exceed
9 45 dB(A) at any point that is normally occupied by a customer, unless a
10 conspicuous and legible sign is located outside such place, near 5 each public
11 entrance, stating;
12 (f) Operate, play, or permit the operation or playing of any radio, television
13 receiver, phonograph, musical instrument, sound amplifying equipment, or
14 similar device which produces, reproduces, or amplifies sound in any place of
15 public entertainment at a sound level greater than 95 dB(A) at any point that is
16 normally occupied by a customer, unless a conspicuous and legible sign is
17 located outside such place, near each public entrance, stating;
18 (g) Repair, rebuild, reconstruct or dismantle any motor vehicle between the
19 hours of 8:00 p.m. of one day and 8:00 a.m, the next day within any residential
20 property located in a residential zone or within 500 feet thereof and that a
21 reasonable person residing in the area experienced discomfort or annoyance and
22 the activity is audible to the human ear at a distance in excess of 150 feet from
23 the property line of the noise;
24 (h) Create any noise which cause the noise level on the premises of any occupied
25 residential property, or if a condominium, apartment house or duplex, within
26 any adjoining unit, to exceed the ambient noise level by more than five (5)
27 decibels;
28 (i) Operate any motor-driven vehicle upon any property or unreasonably
29 accelerate the engine of any vehicle, or sound, blow or operate the horn or other
30 warning device of such vehicle as to disturb the peace, quiet and comfort of any
31 neighborhood or of any reasonable person residing in the area, provided that
32 the activity is audible to the human ear at a distance in excess of 150 feet from
1 the property line of the noise source creating any noise which would cause the
2 noise level on the premises of any occupied residential property, or if a
3 condominium, apartment house or duplex, within any adjoining unit, to exceed
4 the ambient noise level by more than five (5) decibels;
5 (j) Sound, blow or operate any music, chimes or bells, or any similar sound
6 device, amplified or otherwise, within 200 feet of any residential building
7 between the hours of 9:00 p.m. and 7:00 a.m. of the next day;
8 (k) Install, operate or use any vehicle theh alarm system that emits or causes the
9 emission of an audible sound, which is not, or does not become, automatically
10 and completely silenced within five (5) minutes;
11 (1) Use of sound amplifying equipment out of the normal, adequate and
12 tolerable sound level causing public nuiscnce of loud and unnecessary noise;
13 (m) Install, use, or operate a loud speaker or sound amplifying equipment in a
14 fixed or movable position or mounted upon any sound truck for the purpose of
15 giving instructions, directions, talks, addresses, lectures, or transmitting music
16 to any persons or assemblages of persons in pr upon any public street, alley, side
17 walk, part or place, or other public property is prohibited between the hours of
18 4:30 p.m. and 9:00 a.m. of the following day> except when the operation or use
19 of sound amplifying equipment for non-commercial purposes in all residential
20 zones is within 500 feet thereof and is used for regularly scheduled operative
21 functions by any school or for the usual and customary purposes of any church.
22 In all other zones and is within 500 feet of any residential zone, the operation or
23 use of sound amplifying equipment for cpmmercial purposes is prohibited
24 between the hours of 9:00 p.m. and 8:00 a.m. of the following day; and
25 (n) Modify the exhaust system of a motor \^ehicle in a manner that shall amplify
26 or increase the noise emitted by the engine of the motor vehicle in excess of the
27 noise emitted by the muffler installed on the motor vehicle in the manufacturer's
28 original design.
29 In all other zones, except such portions thereof as may be included with 500
30 feet of any residential zone, the operation or use of sound amplifying equipment for
31 non-commercial purposes is prohibited between ffie hours of 10:00 p.m. and 7:00 a.m.
1 of the following day and the only sounds permitted shall be either music, human
2 speech, or both.
3 Sound emanating from sound amplifying equipment shall be limited in
4 volume, tone and intensity when the sound is aot audible at a distance in excess of
5 200 feet from the sound equipment. In no event shall the sound be loud and raucous
6 or unreasonably jarring, disturbing, annoying or a nuisance to reasonable persons of
7 normal sensitiveness within the area of audibility.
8 Except as provided in (m) above, no sound amplifying equipment shall be
9 operated upon any property adjacent to and within 200 feet of any hospital grounds
10 or any school or church building while in use.!
11 Sec. 13. Penalties. — Any person who shall violate any of the provisions of
12 Section 12 hereof, upon conviction, be subject to a fine of not less than Ten Thousand
13 Pesos (Php 10,000.00) but not more than Fifty Thousand Pesos (Php 50,000.00) or
14 imprisonment of not less than two (2) months but not more than one (1) year, or both,
15 upon the discretion of the court.
16 In case any violation of this Act is committed by a partnership, corporation,
17 association or any juridical person, the partner, president, director or manager who
18 consents to or knowingly tolerates such violation shall be held liable as a co-principal.
19 Sec. 14. Formulation of a Comprehensive Anti-Noise Pollution Program. - There
20 shall be a comprehensive program to be formulated by the Department of
21 Environment and Natural Resources, Department of Health, and the Department of
22 Public Works and Highways, in coordination with other concerned government
23 agencies and private entities, within one (1) year from the effectivity of this Act.
24 Sec. 15. Implementing Rules and Regulations. - The Secretary of the DENR, in
25 coordination with the DOH, DILG, DOLE, DP WH, DHSUD shall within thirty (30)
26 days from the effectivity of this Act, promulgate the rules and regulations to
27 implement its provisions.
28 Sec. 16. Appropriations. — To implement the provisions of this Act, such amount
29 as may be necessary is hereby authorized to be appropriated from the National
30 Treasury. Thereafter, the amount necessary for its operation shall be included in the
31 annual appropriations of the DENR. i
10
1 Sec. 17. Separability Clause. - If any provisions or part hereof, is declared invalid
2 or unconstitutional, the remainder of the law not otherwise affected shall remain valid
3 and subsisting.
4 Sec. 18. Repealing Clause. - Any law, pre;- idential decree or issuance, executive
5 order, letter of instruction, administrative order, rule or regulation contrary to or
6 inconsistent with the provisions of this Act is hereby repealed, modified or amended
7 accordingly.
8 Sec. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
9 publication in at least two (2) newspapers of general circulation.
Approved,
11
of ti!? •#'i'
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session ) 72 AUG-9 P5:45
S. No. 1119
AN ACT
ESTABLISHING ELBLIC HEALTH AND ENVIRONMENTAL
STANDARDS AND SAFEGUARDS FOR THE BETTER NORMAL IN
THE WORKPLACE, PUBLIC PLACES AND COMMUNITIES
TOWARD A SUSTAINABLE RECOVERY FROM THE
CORONAVIRUS DISEASE (COVID-19) PANDEMIC AND OTHER
<;T1UTT AR TNTFFrTTOT tq DISEASES
EXPLANATORY NOTE
Among COVID-19's long-term effects, how it has changed the way we use and
interact in public spaces may be the most enduring. Mails, offices, schools, restaurants,
and other pubHc spaces pose a greater risk of the spread of the virus. Indeed, COVID-
19 has pushed communities to adapt to a new normal that has completely changed
the way we use pubhc spaces and connect with one another.
AxS we reopen public spaces and return to "normal" operations, advances that
will ensure the safety of the people engaging within these spaces need to be made. In
this new normal, it is the government's primary role to educate the Filipino pubhc
and assist them in adapting to Mfe after the lifting of COVID-19 restiictions.
LOREN LEGARDA
NINETEENTH CONGRESS OF THE
REPUBLIC OF IHE PHILIPPINES
First Regular Session ) 72 AUG-9 P5:45
SENATE
S. No. 1119
AN ACT
ESTABLISHING PUBLIC HEALTH AND ENVIRONMENTAL
STANDARDS AND SAFEGUARDS FOR THE BETTER NORMAL IN
THE WORKPLACE, PUBLIC PLACES AND COMMUNITIES
TOWARD A SUSTAINABLE RECOVERY FROM THE
CORONAVIRUS DISEASE (COVID-19) PANDEMIC AND OTHER
SIMILAR INFECTIOUS DISEASES
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:
Section. 1. Short Title, - This Act shall be known as the "Better Normal for the
Workplace, Communities and Public Spaces Act of2022".
Sec. 2. Declaration of Policy. - It is the policy of the State to protect and promote
the right to health of the people and instill health consciousness among them. The
5 State shall also protect and advance the right of the people to a balanced and healthful
6 ecology in accord with the rhythm and harmony of nature.
7 Towards this end, the State, in order to help save lives as well as jumpstart the
8 economy, shall:
9 (a) Adopt an integrated and comprehensive approach to public health and
10 environmental policies and regulations during a pandemic, thus,
11 ensuring the overall well-being of individuals, communities, industrial
10
X^
and natural ecosystems. Consideration shall be paid to valuing the
13 services provided by ecosystems and biodiversity in generating the
14 direction and prescriptions for a better normal and in assessing their
15 success;
1 (b) Institute appropriate public health, safety, and security measures to
2 stem the transmission of the coronavirus disease-19 (COVID-19) or
3 similar diseases that may result in any kind of pandemic;
4 (c) Regulate, institute, and establish standards and protocols tliat would
5 simultaneously protect the vulnerable from COVID-19 and prevent its
6 transmission;
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8 for aU, especially the poor, in the event of widespread disease outbreak
9 and the resulting slowdown of economic activity, and building adaptive
10 capacity and resilience for future shocks;
11 (e) Pursue universal broadband access for aU to ensure a better normal in
12 recognition of the crucial role of a strong information and
13 communications teclmology (ICT) system to close the digital divide and
14 that the need for modern and innovative UCT cuts across all sectors of
15 society;
16 (f) Ensure that pandemic recovery will lead to a greener, resilient, inclusive,
17 and sustainable future, hence, recovery needs should be addressed with
18 long-term sustainability goals; and
19 (g) Give importance to other aspects of well-being of the people based on
20 the Gross National Happiness indicators, namely, equitable and
21 sustainable socio-economic development, the preservation and
22 promotion of cultural values, the conservation of the natural
23 environment, and the establishment of good governance.
24 In adopting the whole-of-government and whole-of-society approach and
25 recognizing the need for innovation and more- forward-thinking systems and
26 approaches, the State shall give priority to the needs of the underprivileged, sick,
27 elderly, persons with disabihty, indigenous peoples, women, and children.
28 Sec. 3. Objectives, - This Act shall have the following objectives:
29 (a) Define and allocate roles, responsibihties, and obligations across key
30 sectors of the society that shall be heavily involved in the
31 implementation of specific and apphcable measures, namely, the
1 national government and its instrumentalities, local government,
2 private sector, and individual Filipino citizens;
3 (b) Identify standards and protocols in the management of physical spaces,
4 both publicly-owned and -managed, or privately-owned but are
5 designated communal spaces, and prescribe the allowed and prohibited
6 activities therein as well as behaviors expected and required of the
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29 shall be implemented so that economic and social activities can proceed in a manner
30 that ensures pubHc health, safety, and security during an epidemic or pandemic, and
31 until such time that the same and its immediate impacts are declared eradicated by
32 the authorized National Government agency or agencies of the government.
1 The organization, operation, and activities in workplaces, communities, and
2 public spaces shall be governed by the provisions of this Act.
3 Sec. 5. Definition of Terms. - As used in this Act:
4 (a) Agro-ecology refers to the application of ecological and social principles
5 in the formulation and implementation of policies and programs on
6 food and agricultural systems, to maximize the benefits from the
7 synergy between plants, animals, humans and the environment to
8 achieve a resilient and sustainable food supply system;
9 (b) Better normal in the context of recoveiy from an epidemic or pandemic
10 refers to transformative behaviors and interventions informed by
11 science, that address the imderlying vulnerabilities of people and
12 communities that the epidemic or pandemic has highlighted and fosters
13 a just and equitable transition to a climate-resilient, inclusive and
nr O 4.4r4XJLLC4.«u/JLV^ X CL C4.J.
29 (13) Local chief executives of LGUs shall continuously monitor the level
30 of transmission among residents in their jurisdiction; Provided, That
31 the standards provided in Republic Act No. 10173, otherwise known
32 as the "Data Privacy Act of 2012", as well as legal and ethical
1 standards, and existing DOH guidelines are observed and complied
2 with;
3 (14)The National Government shall recognize the vulnerabilities of
4 certain sectors of the population such as the elderly, pregnant,
5 children and persons deprived of Hberty, and shall provide
6 safeguards and assistance to them, including access to mental and
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10
1 (3) Passengers in all types of pubHc transportation vehicles shall be
2 required to sanitize their hands prior to boarding the vehicle, shall
3 be seated a seat apart and wear face masks while inside the vehicle;
4 (4) Contactless payment mechanisms shall be promoted such as the use
5 of money trays and automatic fare collection systems to minimize
6 the risk of transmission of the COVID-19 virus;
7 (5) Agencies and authorities tasked to manage transport hubs such as
8 airports, ports, harbors, and similar facihties shall coordinate with
9 the concerned LGUs in the implementation of the Universal and
10 Mandatory Safety Measures herein provided and shall consider the
11 following special measures:
12 • Establishment of public health corridors in airports and
13 ports;
14 • Mandatory body temperatitre reading for all arriving
15 and departing passengers;
16 • Mandatory quarantine at home or in an authorized
17 government facility for all arriving passengers;
18 • Mandatory collection of data for the maintenance of a
19 database of information for contact-tracing purposes
20 only;
21 • Thorough sanitizing and disinfection of aU arriving and
22 departing vessels;
23 • Mandatory regular testing of all employees, personnel,
24 staff, and crew attached to vessels and tliose who have
25 assisted passengers; and
26 • Mandatory conduct of rapid testing for arriving and
27 departing passengers.
28 (6) The Department of Transportation (DOTr) shall craft and implement
29 programs that wiU help modes of public transport, such as jeepneys
30 and pubhc buses, to transition to better normal in consideration of
31 the health and safety protocols v^-athout requurmg them to commit to
32 the government's public utility vehicle modernization program. Tlie
11
1 agency shall also ensure the smooth operation of different modes of
2 public and mass transport while upholding existing health and
3 safety protocols;
4 (7) National Government authorities in coordination with the
5 stakeholders of the transport sector shall establish dedicated lanes
6 along roads, avenues, highways, and other transport infrastructure
1t
networks to give priority to healthcare, emergency7, peace and order,
8 and supply-chain vehicles transporting individuals, goods,
9 equipment, or those used in the pursuit of services deemed essential
10 and critical: Provided, That pursuant to the provisions of Section
11 21(d) of Republic Act No. 8749, otherwise known as the "Clean Air
12 Act", the DOTr shall ensure that vehicles strictly comply with current
13 emission standards; and
14 (8) To promote safe physical distancing and sustainable mobility, LGUs
15 and appropriate government development authorities having
16 jurisdiction over roadways or highways, in coordination with the
17 Department of Public Works and Highways (DPWH), and the Metro
18 Manila Development Authority (MMDA) in the case of the National
19 Capital Region (NCR), shall immediately create green lanes which
20 are dedicated, protected and interconnected lanes for personal
21 mobilitv7 devices such as bicycles, e-bicyc!es, scooters, and similar
22 micromobile devices: Provided, That personal mobility users shall
23 observe safe physical distancing and speeds prescribed by the LGUs
24 or relevant regional development agencies. Bicycle racks and secure
25 bicycle parking sheds and spaces shall be established in government
26 offices, hospitals, pubHc schools and higher education institutions,
27 and other facilities. Changing and shower rooms shall be promoted
28 iC XAToU Kxr
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1
2 (D) Better Normal for Schools and Education Institutions -
3 (1) To give priority to the health, well-being and safety of the education
4 sector, the Department of Education (DepEd) and the Commission
5 on Higher Education (CHED) are authorized to determine the start
6 of the academic year 2022 to 2023 for all public and private schools,
7 state universities and colleges (SUCs), local universities and colleges
8 (LUCs), private colleges and universities, and other learning
9 institutions;
10 (2) All public and private education institutions including private and
11 pubhc universities and colleges shall formulate, develop and adopt
12 a flexible learning approach which is designed to meet students'
13 needs, capabihties of faculty members and conditions on the ground,
14 ensuring accessibilify and inclusivit>r and Vvdthout prejudice to the
15 adoption of measures for online learning;
16 (3) The DepEd shall develop, implement and promote a flexible
17 learning program for K-12 students in aU public and private schools,
18 taking into consideration the capability of the school and its teachers
19 in dehvering such program, and the accessibility of learning
20 materials, either physical or electronic, to the students. The flexible
01
^ X learning program shall be geared towards limiting physical contact
22 among the school population and minimizing the impact on the
23 potential for learning and instruction between learners and teachers
24 and upgrading or improving the quality of electronic and digital
25 content to be made available in cases where online or distance
26 learning modaHties are pursued: Provided, That students shall not be
27 penalized for their inability to access and participate in electronic or
28 digital means of learning due to limitations in connectivity,
29 tmavailability of equipment or other circumstances caused by the
30 COVID-19 pandemic: Provided, further. That, television (TV) and
31 radio programs done in partnership between DepEd, National
32 Council for Cliildren Television, National Commission for Culture
13
1 and the Arts and its attached agencies. Film Development Council of
2 the Philippines, Philippine Sports Commission, Early Childhood
3 Community Development Center, higher education institutions
4 (HEls) and pertinent cooperatives and organizations, and with the
5 assistance of licensed TV and radio broadcast stations shall serve as
6 alternative platforms for learning;
7 {4} The CITED shall monitor the implementation of flexible learning
8 programs for all HEls, SUCs and LCDs. HEls shall continue to
9 exercise academic freedom and levels of autonomy in the
10 governance of their own academic affairs: Provided, That students
11 shall not be penalized for their inability to access or participate in
12 electronic or digital means of learning due to limitations in
13 connectivity or imavailability of equipment;
14 (5) The National Government shall allocate funding for the research,
15 haining of faculty, curriculum development, monitoring and
16 evaluating, benchmarking, and the development of systems for
17 learning continuity during times of crisis, such as the occurrence of
18 a pandemic. Such funding shall be made available by the National
19 Government, from the existing budgetary allocation for the K-12 and
20 other similar programs, and made available to HEls, including those
21 organized as stock corporations, local research institutes, academic
22 organizations, LGUs, school boards, and individual researchers
23 through an application process to be prescril>ed by the DepEd and
24 the CHED: Provided, That for the benefit of learners who have
25 hearing impairment, the full participation of deaf linguistics
26 organizations and deaf cooperatives shall be required in the
27 development of learning materials;
28 (6} Subject to con:.u] taticn wTth the DepEd, CHED, and the Technical
29 Education and Skills Development Authority (TESDA), all face-to-
30 face classes and group school activities, including sports, athletics,
31 cultural, and academic meets, exhibitions, competitions as well as
32 extra-curricular field or exposrue trips and student exchanges shall
14
1 remain suspended unless otherwise officially declared permissible
2 by competent authorities without prejudice to the academic freedom
3 and levels of autonomy enjoyed by HEls in the management and
4 conduct of their academic affairs;
5 (7) Digital learning shall be promoted by the National Government in
6 coordination with telecommunications companies, private sector
7 content providers and stakeholders, and internet ser\dce providers;
8 (8) Pubhc and private education institutions including private colleges
9 and universities and other accredited learning and training
10 institutions shaU prioritize the establishment of online platforms for
11 the Continuing Professional Development (CPD) and Mandatory
12 Continuing Legal Education (MCLE) programs; and
13 (9) Subject to existing rules and regulations, meaningful inclusion and
14 effective participation of students and the learning community must
15 be ensured in aU aspects of pandemic response and recovery plan in
16 education: Provided, That mechanisms to uphold autonomy of
17 student councils or governments, and support for uninterrupted
18 operations of campus press shall be in place.
19 (E) Management of Cultural and Heritage Spaces -
20 Digital platforms shall be used to consolidate resources and cultural
21 forms in public spaces, whether generated by the private or the public
22 sector, to create an archive of oral histories, visual ethnographies,
23 philosophical discourse, and technical and creative capacity-building
24 programs geared tovurds bolstering various creative industries, that shall
25 be made available to the pubhc for virtual appreciation and learning, most
26 especially in the K-12 system. Online promotion or streaming of cultural
27 programs, performances, exhibitions and enhancement of existing pubhc
28 arts and monuments shah be highly encouraged and geared towards
29 sustainabihty.
30 (F) Better Normal for Private Commercial and Industrial Workplaces -
31 (1) The National Government, in coordination with the LGUs, and in
32 partnership with accredited or dtily recognized organizations that
15
1 pertain to each sector, shall maintain databases on all private
2 commercial, industrial, and other businesses operating in their areas
3 of jurisdiction. The database shall indude information such as the
4 number of employees, working hours, workspace conditions, office
5 floor areas, and other information necessary to ensure compliance
6 with physical distancing and other protocols prescribed by this Act
7 to prevent the transmission of COVID19 vkiis:
8 (2) All private commercial, industiial, and other forms of businesses
9 shall be required to submit a Management Plan to the concerned
10 LGU which shall determine the said business's compliance with the
11 necessary safeguards and the Universal Safety Measures provided
12 under this Act, as well as industrial safeguards and safety measures
13 provided for by the implementing agencies: Provided, That the
14 review of all Management Plans shall be conducted promptly upon
15 submission to allow establishments to resume operations as soon as
16 possible: Provided further, That the Man agement Plan s hall integrate
17 circular economy strategies in the procurement of materials or the
18 development of mechanisms for hygiene and sanitation: Provided,
19 furthermore. That LGUs are authorized to conduct periodic
20 inspection of private commercial, industrial and other businesses
01 operating VvUthin their territorial jurisdiction to ensure compliance of
22 these businesses with the Universal and Mandatory Safety Measures
23 and other standards and protocols prescribed under this Act and its
24 IRR;
25 (3) All private commercial, industrial and other businesses shall
26 implement their Management Plan and shall incorporate alternative
27 work arrangements such as work-from-home schemes, including
o« 1 work or shifting in schedules, in applicable industries to
X KJ CC4. XXV./X LC4.X
16
1 for and the required contents of the said Management Plan. The
2 LGUs shall be in charge of monitoring the implementation of this
3 provision;
4 (4) All private commercial, industrial and other businesses shall
5 shoulder all expenditures in complying with the mandates of this
6 Act, and such expenditures shall not in any way be charged to
7 employees. There shall be no diminution of salaries, wages, benefits
8 and other remunerations guaranteed by the Labor Code and other
9 relevant laws to employees by reason of employer's compliance with
10 this Act;
11 (5) The relevant provisions of the Labor Code notwithstanding, being
12 late or being absent for work due to heavy traffic, unavailability of
13 pubhc transport or of shuttle or transportation service due to reasons
14 related to the implementation of this Act shall not be a cause for
15 disciplinary action against, or termination of, the employees. Private
16 commercial and industrial businesses are hereby mandated to adopt
17 r a flexible working schedule in keeping with the poHcy of
18 maintaining a minimum of eight (8) hour work per day, or forty-
19 eight (48) hour work per week, which shall be incorporated in their
20 Management Plans; and
21 (6) Ihe DOLE shall ensure the conduct of health and safety7 audits of aU
22 workplaces, including special economic zones, in line with Republic
23 Act No. 11058, otherwise known as "An Act Strengthening Compliance
24 with Occupational Safety and Health Standards and providing penalties for
25 violations thereof.
26 (G) Better Normal Governance Measures -
27 (1) Various forms of electronic governance or e-governance
28 mechanisms shall be established to facilitate continuous and efficient
29 transactions between and among government agencies, and the
30 private sector, as well as in the dehvery of socio-economic services
31 including the utilization of online payment system, appointment-
32 based transactions, the Philippine national public key infrastructure.
17
1 electronic business permits and licensing systems, electronic
2 procurement system, electronic management systems for human
3 resources, records, accoxmtmg, as well as other ICT- enabled systems
4 and solutions for effective and efficient e-govemance.
5 Internet-based electronic payment facilities and gateways,
6 such as e-money and similar platforms, shall be utiHzed in collecting
7 taxes, fees, toUs, imposts, and other revenues and in paying for
8 goods, services, and other disbursemer is. Government offices and
9 government-owned and -controlled corporations (GOCCs) that are
10 already partially applying this kind of digitized payment
11 mechanism must improve the current system used in order to
12 accommodate the increase in the number of transactions. The
13 government shall estabHsh online payment systems and may
14 partner wdth payment solutions providers;
15 (2) Government agencies involved in business registration, such as the
16 Department of Trade and Industry (DTI), Securities and Exchange
17 Commission (SEC), Cooperative Development Authority (CDA),
18 Bureau of Internal Revenue (BIR), Social Security System (SSS),
19 Home Development Mutual Fimd (Pag-IBIG), Philippine Health
20 Insurance Corporation (PhilHealth), LGUs, and other permit and
21 license issuing agencies shall be integrated to facilitate the efficient
22 dehvery of business registration-related services;
23 (3) The Bangko Sentral ng PiHpinas (BSP) shall accelerate the adoption
24 by all payment service providers of the National Quick Response
25 (QR) Code standard to hasten the interoperability of QR-driven
26 payment services and ehminate the need for merchants and clients
27 to maintain several accoxmts;
28 jTX. ^\J\ v/iixjljLlv- o \O MLclv L LV-WXX.I. asses all
29 procurement processes involving bidding, contract agreements, and
30 payment for services or suppHes, and which shall contain a tracking
31 and customer service mechanism shall also be developed; and
18
1 (5) Where applicable, the relevant provisions of Repubhc Act No. 11032,
2 otherwise known as the "Ease of Doing Business and Efficient
3 Government Service Delivery Act of 2018”, shall supplement the
4 provisions of this Act.
5 (H)Other Aspects of Better Normal -
6 (1) The government shall provide important information related to
7 health emergencies to persons Vvlth disabilities (PWDs) and
8 institutionahze assistive mechanisms for them s uch as requiring sign
9 interpretation in TV news broadcasts and Live streamed public
10 information programs and content In relation thereto, a system of
11 standards for assistive mechanisms for PWDs shall be planned,
12 financed, implemented, and monitored. For purposes of this Act,
13 individuals who assist PWDs such as sign language interpreters
14 shah be recognized as front liners providing essential sendees;
15 (2) The government must likewise provide sufficient support for culture
16 bearers and masters, and those engaged in crafts making, such as
17 weaving and carving;
18 (3) Emergency cash subsidies shall be given to artists, cultural workers,
19 freelancers and the self-employed, such as those working in the
20 audiovisual, entertainment, and live events sector, and other creative
21 industries, such as architecture and allied arts, dance, dramatic arts,
22 hterary arts, music, visual arts, contemporary arts or expressions,
23 audiovisual and multimedia, and scholars, critics, curators, and
24 cultural workers;
25 (4) The local chief executives of LGUs, in coordination with the private
26 sector, shall implement, monitor and maintam a planned schedule
27 for people traveling to and from their respective workplaces or
28 residences located in the LGU and if possible or applicable, the
29 charter of various means of transportation foi* the use of residents
30 and workers to and from their respective destinations;
31 (5) There shall be a continuous implementation of alternative work
32 arrangements in the public and private sectors based on the nature
19
1 of work of an employee, the workplace and its location or place, and
2 its distance to and from the residences of employees;
3 (6) The implementation of Republic Act No. 9003, also known as the
4 f/Ecological Solid Waste Management Act of 2000", in relation to the
5 proper disposal and management of wastes resulting from activities
6 related to the implementation of this Act shall be strictly monitored:
7 Provided, That the National Government shah implement regulations
8 on the manufacture and importation, use, recycling of all single-use
9 plastics used in trade or commerce in business enterprises, as well as
10 by retailers and consumers: Provided, further. That the government
11 shah conduct research and develop single-use plastic packaging
12 alternatives, and provide incentives to plastic industries that wih
13 shift to other manufacturing activities;
14 (7) Adaptation measures such as the establishment of multi-hazard
15 early warning systems that reach out the last mile, capacity building
16 of national experts, construction of rainwater harvesters in
17 government-owTied and -managed buildings and spaces, and the
18 establishment of seedbanks and vegetable gardens in available open
19 spaces in local communities, rooftops of government-owned and -
20 managed buildings shaU be implemented;
21 (8) To prevent the transmission and spread of zoonotic dhicnses among
22 humans, ah government agencies and offices and LGUs shaU ensure
23 that the protection of biological diversity is integrated and
24 mainstreamed into programs and projects;
25 (9) The National Government, through relevant government agencies,
26 such as the DICT, DTI, DILG, in accordance with their respective
27 mandates, and with the support of the private sector, shall plan for
28 and undertake universal digitalization as well as promote and
29 implement programs and innovations to accelerate public access and
30 connectivity including the progressive roll-out of the National
31 Broadband Program and the Free Public Internet Access Program
32 down to the barangay level;
20
1 (10) The Philippine Statistics Authority (PSA), National Disaster Risk
2 Reduction and Management Coxmcil (NDRRMC), DILG through the
3 Persons with Disabilities Affairs Offices (PDAOs), and DOH shall
4 gather, compile, update, and publish online, disaggregated
5 demographic and mapping data on deaf and all other persons wdth
6 disabilities nationwide in the context of the pandemic;
7 (11)The PSA, DTI, NDRRMC, DOLE, DOH, National Economic
8 Development Authority (NEDA) and other relevant agencies shall
9 gather, compile and update disaggregated demographic and
10 mapping data on critically impacted businesses, sectors, and
11 industries in the context of the pandemic in order to get a better
12 census of the needs of the various sectors and industries; and
13 (12)In compliance "Auth Section 10 of Republic Act No. 11106, otherwise
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22 directives and issuances of the National Government. Local governments must ensure
23 that their poticy-making process shall involve the participation of all stakeholders.
24 Consultations with the communities shall be pursued as a matter of course to ensure
25 that such policies respond properly to the needs of the people. In this regard, the LGUs
26 shall have the following responsibihties:
27 (a) Ensrue the proper implementation of the provisions of this Act within
28 tir respective territorial jurisdiction;
29 (b) Enact the necessary and appropriate ordinance for the local
30 implementation of the provisions of this Act, including the promolion
31 of low-contact payment mechanisms such as the use of electronic money
32 (e-money) as a medium of exchange in collecting taxes, fees, toUs,
21
1 imposts, and other revenues and in paying for goods, services, and other
2 disbursements: Provided, That the LGU shall make the necessary
3 arrangements with the relevant government agencies and government-
4 recognized regulating entities to acquire e-money payment capabiHty;
5 (c) Require, by ordinance, merchants or business entities in then localities
6 to obtain and maintain e-money payment system capabiHty that is
7 accessible by ph LV-/X L\^ \J>±. Other access devices, as a prerequisite for the
8 approval of appHcation for or renewal of business permits;
9 (d) Create a Better Normal Task Force to monitor tire compliance of the
10 private businesses and offices with the provisions of this Act;
11 (e) Orient the appHcant thereof of the guidelines on the management of
12 spaces as provided m Section 6(B) of this Act, which shall be observed
13 throughout the entire gathering;
14 (f) In cooperation or with the assistance of the Land Transportation Office
15 (LTO), initiate information campaigns on pubHc transportation schemes
16 in their localities in accordance with Section 6(C) of this Act;
17 (g) Establish the Inter-Local Government Unit Task Force as authorized by
18 and in accordance with the appropriate guidelines of the DILG;
19 (h) In coordination with the DICT, foster, support and faciHtate the effective
20 roll-out of free wi-fi access points and other infrastructure needed for
21 the National Broadband Program. The LGUs shall likewise foster,
22 support, and faciHtate the construction of common towers and other
23 passive telecommunication infrastructure in strategic locations for the •
24 use of telecommunications service providers to propagate connectivity
25 and provide quality telecommunications services to their constituents in
26 accordance with existing laws, and the poHcies and standards set by the
27 DICT;
28 (i) In coordination with. DOFI, provide immediate assistance to all reported
29 COVID-confirmed residents and patients;
30 (j) In coordination with the DOH, estabHsh and maintain a functional local
31 epidemiology and surveiUance unit pursuant to Republic Act No. 11332,
32 also known as the "'Mandatory Reporting of Notifiable Diseases and Health
22
1 Events of Public Health Concern Act". In acccrdance with Section 6(A) of
2 this Act, the LGU shall specify the conduct of contact tracing systems for
3 suspect, probable, and confirmed COVID-19 cases, or other similar
4 diseases, to avoid delay in contact tracing and to ensure the prompt
5 management and containment of the disease. In ail cases, the LGU shaU
6 ensure that disease surveillance and contact tracing procedmes are in
7 9........................
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1 (m)The LGUs, in coordination with the cultiral agencies, such as the
2 NCCA, National Historical Commission of the Philippines (NHCP) and
3 the National Museum, DepEd, CHED and SUCs, Department of
4 Environment and Natural Resources (DENR), Department of Tourism,
5 DPWH, and the DOH, shall conduct a comprehensive cultural heritage
6 mapping of their areas, including natural resources, built heritage
7 structures, and tangible and intangible heritage, including indigenous
8 knowledge and resources, with the end in view that the resulting
9 database and documentation shall aid LGUs in formulating localized
10 policies and programs that will help prevent the transmission of
11 zoonotic diseases among the people and help protect their health and
12 well-being.
13 An application shall be developed as repository of the data
14 retrieved horn cultural mapping activities.
15 Sec. 8. Role of the Private Sector. -
16 (a) All private businesses, offices and establishments shall submit a
17 Management Plan, to the concerned LGU where the entity conducts
18 operations or holds office not later than fifteen (15) days upon
19 resumption of their operations: Provided, That priority approval shall be
20 granted by LGUs to Management Plans that strictly comply with
21 industry7 best practices, minimum health standards, and safct}7 protocols
22 as accredited by DOH, DTI, DOLE and other implementing agencies.
23 Such Management Plan shall contain, among others, the following
24 information:
25 (1) Total number of employees in the specific workplace, office, or
26 branch covered by the plan;
27 (2) Overall strategy for the reporting of the workforce which may be
28 on rotational, staggered, tele-commuting, remote or on work-from-
29 home basis, including the relevant time specifications and periods
30 as well as the number of workers who shall be allowed ingress and
31 egress;
24
1 (3) Total number of workers at any given time in the workplace or
2 office on a daily basis;
3 (4) Number of workers per area of space and the spacing mechanisms
4 to be implemented in compliance with physical distancing
5 protocols, if applicable;
6 (5) Mechanisms for maintaining personal hygiene and cleanliness
7 among the employees and in workstations or areas including the
8 availability of handwashing or hand sanitizing implements;
9 (6) Physical changes in space management introduced or to be
10 introduced in the workplaces to protect employees and to
11 implement physical distancing such as plastic barriers between
12 customers and personnel or between and among customers or
13 other individuals within the workplace;
14 (7) Signages, reminders, and other informaticn, in accessible formtats,
15 including Fihpino sign language and/ or easy-to-xmderstand text
16 in the appropriate written language, installed or posted in key
17 areas of the workplace to serve as constant reminders for workers
18 to practice the mandatory health, safety and sanitation practices;
19 (8) Mechanisms for maintaining physical distancing in communally
20 shared areas in the workplace, such as cafeterias, restrooms,
21 conference rooms, prayer rooms, breastfeeding stations, including
22 safeguards against sharing of tools, implements, utensils,
23 equipment, and supplies;
24 (9) Physical and personal protective equipment provided or to be
25 provided by businesses to their respective employees in order to
26 inclusively implement the practices mandated in this Act;
27 (10) Mechanisms for managing employe*es exliibiting symptoms or
28 confirmed to have tested positive for COV1D19 infection,
29 including the company or business unit's system for contact
30 tracing;
25
1 (11) The Workers7 Compensation Plan which provides how workers
2 are required to work and wiU be compensated while on
3 quarantine;
4 (12) Mechanisms to implement a circular economy in the workplace,
5 such as the: (i) reduction on the consumption of non-renewable
6 resources; (ii) development or design of products that minimize
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26
1 employees and building occupants who have opted to commute
2 tluough bicycles and other micromobility devices by installing bicycle
3 racks, storage, and bicycle parking spaces: Provided, further, That the
4 installation of changing and shower rooms to support green transport
5 and promote safe and proper hygiene shall likewise be promoted by
6 business establishments;
7 (d) There shall be an employee -rvi
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27
1 contact-tracing, and distribution of forms of assistance under the better
2 normal period after the lifting of COVID-19 restrictions.
3 The PSA shall coordinate with the DILG, Department of Social
4 Welfare and Development (DSWD) and LGUs to cull information from the
5 Community-Based Monitoring System (CBMS) that may be utilized in fast-
6 tracking efforts geared towards the fuU implementation of the Philippine
7 Identification System Act.
8 The PSA may Hkewise cuU information contained in the existing
9 databases of the goverrunent on birth certificates, passports, voter's
10 registration, GSIS, SSS, Pag-IBIG, PhilHealth through data-sharing
11 arrangements, subject to the rules and procedtures that shall be established
12 by the National Privacy Commission (NPC) for purposes of facilitatmg the
13 implementation of the Philippine Identification System Act.
14 To facilitate the integration of environmental concerns in national
15 development planning and policy-making, tlie PSA, in cooi’dination with
16 the DENR, DA, NED A, Department of Energy (DOE), and the Climate
17 Change Commission, shall enhance the PhiHppine Economic-
18 Environmental Natural Resources Accounting (PEENRA) System as part
19 of the national income accounting system. The DENR and the DA shall
20 generate baseline information and build a database to support ecosystem-
21 based assessment and mLonitoring, continuing research and development,
22 technology development and transfer, and capacity building, for the
23 conservation and sustainable use of natural resouices and ecosystems,
24 especially the coastal, marine, and forestry sectors.
25 The PEENRA shall be considered a scientific planning tool to avert
26 ecosystems and biodiversity loss with a view to preventing the
27 transmission of zoonotic diseases and pursuing anticipatory adaptation
28 m.easures amid the impacts of climLate change. It shall include the provision
29 for strategic cHmate financing for localized climate adaptation investments
30 supporting risk-based local plaiming, energy transition to renewable and
31 indigenous sources, resilient infrastructure, agro-ecology, water and food
28
1 security, technological innovation for critical sectors like agriculture and
2 fisheries, and capacity building for green enterprises.
3 The PEENRA system shall be based on a framework that includes the
4 accounting of environmental conditions and quality, environmental
5 resources and their utilization, depreciation of natural capital,
6 environmental damages, and loss and damage associated with climate
7 change impacts.
8 (B) Department of Information and Communications Technology (DICT) -
9 The DICT shall fast track the progressive and full implementation of
10 the National Broadband Program (NBP) by immediately establishing and
11 implementing a nationwide and comprehensive information and
12 communications teclmology (ICT) action plan that shall involve all
13 stakeholders, including the major TELCOs, small TELCOs, internet service
14 providers (ISPs), and developers of technology and digital applications,
15 with the end in view of -widening and improving connectivity not onl}r for
16 the fight against COVID-19 but also for the long-term development needs
17 of the country. The NBP shall serve to enable the widespread accessibility
18 to and utilization of the internet for essential and significant public and
19 private transactions, including learning and instruction: Provided, That the
20 NBP must be reliable and sufficiently able to support a high volume of
21 video streaming, in compli XXtAJ. ^^dth the Filipino Sign Language Act.
vvxxXl
29
1 shall result in affordable prices for internet usage: Provided finally. That
2 the following key policies shall be implemented:
3 (1) Provision of incentives to TELCOs which serve tire poor and
4 xmderserved MSMEs nationwide via wireless network technology
5 (WiFi) by implementing a reduced Spectrum User Fee for WiFi,
6 such that a fair and reasonable scheme is achieved consistent with
7 existing rules and regulations governing the use of WiFi;
8 (2) Implement its departmental policies and initiatives for the
9 propagation of Common Tower and the sharing of Passive
10 Telecommunication Infrastructure in the telecommunications
11 industry;
12 (3) Implementation of the provision for fiber optic transmission rental
13 from the National Grid Corporation to new telecommunications
14 industry" players to accelerate development therein;
15 (4) Implementation of the spectnun sharing arrangement among and
16 between TELCOs, at intra-industry fee agreements regulated by
17 NTC, to fuUy and optimally utilize the usage of Hcensed
18 frequencies that are presently assigned to existing major TELCOs;
19 (5) FuU use of the internet bandwidth supply made available by the
20 Luzon Bypass inlxastmcture to fxovide connectivity to all
21 government offices and to the unser\red and underserved areas of
22 the country. For this purpose, the DICT shall formulate a poHcy to
23 implement effective measures to make the internet bandwidth
24 supply available at a fair pricing scheme, to other TELCO
25 stakeholders, giving priority to new incoming players, particularly
26 those that serve the poor and underserved communities and
27 GIDAs;
28 X
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29 including the middle and last mile providers, the GOCCs or LGUs
30 for the provision of internet bandwidth sourced separately from,
31 or in conjmiction with, the Luzon Bypass infrastructure, should it
30
1 become necessary, to provide connectivity to end-users through
2 multi-year obligations;
3 (7) Promulgate joint pohcies with the DIT.G that mandate a simplified
4 and streamlined permitting process for telecommunication amd
5 broadband infrastructure; and
6 (8) Promulgate and implement poHcies for effective cross-sector
7 infrastructure sharing, such as, but not limited to, coordinated or
8 joint infrastructure development, dark fiber leasing, and joint
9 venture.
10 In pursuit of the above poHcy directives, the DICT shall undertake the
11 following:
12 (i) Implement programs that shall facihtate the setting-up of online,
13 internet-based systems and platforms in offices of the pubhc sector,
14 including schools, universities and even barangay halls, across all
15 levels;
16 (ii) Assist public sector offices and agencies m tlie upgrading of theii*
17 existing internet and other ICT infrastructure;
18 (hi) Estabhsh, in coordination with other government agencies,
19 learning modules and relevant ICT solutions and systems to assist
20 pubhc sector employees, freelancers and seLf-employed
21 individuals, and MShlEs in the use of relevant technological and
22 digital platforms that can assist in the various cycles of their
23 business model; and
24 (iv) Direct the NTC to implement ah relevant policy directives under
25 this Act, including, but not hmited to, those pertaining to the
26 enhancement of connectivity, improvement of internet speed and
27 quahty of service, and development of the digital infrastructure of
28 tijL LLX y •
29 The DICT in coordination with the DOH shall also promote research
30 towards the development and establishment of an online data tracking
31 system or the creation of a digital/phone-based appHcation which is
32 downloadable by the pubhc for case monitoring, mapping, and contact-
31
1 tracing that shall be integrated with global positioning system (GPS)
2 activated by real-time technologies to monitor and track individuals, alert
3 the user of location-based risks and provide the user with updated and
4 constant reminders and information for their health and safety. Any
5 technology created for case monitoring, mapping and contact tracing shall
6 be consistent wdth the Data Privacy Act. The DICT shall leverage the
7 existing systems used for case monitoring, mappmg and contact tracing.
8 AU systems, initiated by the public oi private sector, shall be
9 interconnected to each other and shall be subject to the policies and
10 standards issued by the DICT.
11 The DICT shall take the lead in the establishment of e-government
12 systems and shall fast track its plans to build the necessary infrastructure
13 to promote and facilitate digitization of the government and
14 interoperability" of government sendees and systems, especially those
15 located in the provinces and rural areas. Under this Act, government offices
16 and agencies shall develop, introduce, an<;l implement solutions and
17 systems to effectively facilitate government transactions through various
18 onhne channels or contact-less mechanisms. This includes the uploading of
19 pertinent government forms and their completion and/or submission thru
20 websites or online portals in order to minimize the need for face-to-face
21 transactions or physical travels or visits to government offices.
22 Government agencies shall utihze creative adaptive technology that allows
23 full access of PWDs to government services and are compliant with
24 relevant existing laws and practices. This includes the establislunent of a
25 system of standards for Fihpino sign language interpreting.
26 (C) Department of Trade and Industry (DTI) --
27 The DTI in coordination with the DICT shall establish a digital
28 application for MSKlEs to farther enhance the conduct of e-commterce
29 activities. The following measures shall be ur dertaken to assist MSMEs:
30 (1) Regulatory bodies and other concerned government agencies and
31 instrumentalities shall allow the immediate use of online platforms
32 for application, processing, approval and release of loans;
32
1 (2) The use of video or teleconferencing, emails, and other online
2 platforms shall be allowed and shall be considered as compliance
3 with government rules and regulations, and tire requirements of
4 meetings such as service of meeting notices, quorum and
5 attendance requirements, and the registration of votes, on matters
6 before the body conducting the meeting;
7 (3) The DTI shall provide special support programs that VvtiH assist
8 MSMEs and startups in achieving business recovery and resiliency,
9 including the following:
10 (i) Capacity-building in digital skills;
11 (ii) Support for digitalizing operations;
12 (iii) Knowledge transfer and information-sharing with MSMEs;
13 and
14 (iv) Startup and MSMEs innovation aid.
15 The DTI, in coordination with the DICE and the DOH, shall also
16 promote the shitting, prioritization, or increase in go\rernmeut support or
17 funding for the manufacturing sector, including MSMEs engaged in the
18 production of healthcare, hygiene, and safety related goods, and the
19 establishment of real-time online information exchange between private
20 hospitals and medical facilities in the supply, demand, and procurement of
oi
JL, J. the same: Provided, That concerned govermnent agencies shall prom.ote and
22 integrate circular economy strategies in the procurement of materials or the
23 development of mechanisms for hygiene and sanitation in the
24 implementation of this Act.
25 The provision of government support could come in the form of: (1)
26 integrated and uninterrupted supply chain networks; (2) reliable online
27 market platforms; (3) stable universal broadband; (4) digital IDs or digital
28 Til-ttvoi-ITVTiwa /R\
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29 others.
30 The DTI, NED A, Presidential Commmucations Operations Office
31 (PCOO), cultural government agencies such as the NCCA and the FDCP,
32 in partnership with the private sector, shall formulate and implement a
33
1 strategic marketing communications plan that will renew public interest in
2 and restore confidence in industries classified as non-essential but heavily
3 affected due to the implementation of quarantine and other health
4 measures to prevent the transmission of COVID-19.
5 (D) Department of Health (DOH) -
6 The DOH shall institutionalize and regulate telemedicine and e-
7 prescription activities, in accordance v»ith relevant rules and regulations. It
8 shall likewise explore technological innovations for ceitain health services
9 that might be compromised in the new normal setting. It shall promote and
10 support local research on COVID-19 testing and treatment, and the
11 development, manufacture and distribution of a vaccine.
12 To improve on pubHc sanitation, the DOH sjiall execute all plans
13 geared at achieving zero open defecation and require all LGUs to report on
14 their achievements of this goal.
15 (E) Local Water Districts and Water Utilities -
16 Considering that water is a basic need in containing the transmission
17 of COVID-19 and similar diseases, the local water districts shall ensure the
18 availability of sufficient water supply in their areas of coverage. In the case
19 of private water utilities, such service providers shall review and
20 recommend the appropriate extension of concession agreements necessary
21 to ensure sufficient water supply in their ser ice areas as rvell as to fast-
22 track sewerage systems as required under RepubHc Act No. 9275,
23 otherwise known as the "Philippine Clean Water Act of 2004", Such service
24 providers shall also be required to submit new master plans to reflect a
25 speedier full sewerage, septage and wastewater treatment coverage of the
26 metropolis.
27 (F) Department of PubHc Works and Highways -
28 The DPWH shall take full responsibility for the implementation of the
29 National Sewerage cind Septage Management Plan and shall provide
30 sufficient funds for it. All highly urbanized cities shall, in coordination with
31 DENR, identify remaining hotspots of fecal transmission and construct the
34
1 necessary wastewater infrastructure using funds made available by the
2 DPWH.
3 (G) Department of Budget and Management (DBM) -
4 The DBM shall undertake the formulation of the annual national
5 budget in a way that ensures the appropriate prioritization and allocation
6 of funds to support programs and projects to implement this Act for green,
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15 special care and consideration shall be given to integrating gender issues and
16 eliminating aU forms of discrimination in the following:
17 (a) Implementation of alternative work arrangements in the public and
18 private sectors ensuring that DSWD and LGUs attend to possible
19 heightened cases of gender-based and domestic violence during
20 intermittent mandatory lockdowns or quarantines;
21 , A Cyrvotoil
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22 female and male workers and daily wage earners that ensure restoration
23 of livelihoods and such other ameHorative measures that shall
24 compensate for temporary loss of incomes;
25 (c) Sufficient and equal support for both women and men with disabilities,
26 cognizant that women with disabilities are most disadvantaged and
27 excluded from access to vital pandemic-related information and
28 assistive acts;
29 (d) Sufficient and equal provision of protective personal equipment to male
30 and female frontline health workers and employees in both health
31 centers and public and private firms and workplaces; and
35
1 (e) Public reproductive health care services and the capacity of maternal
2 health cUnics and midwives to address needs of cluld-bearers in terms
3 of isolation from infected patients, lactation and re-lactation assistance,
4 and sufficient staffing and facilities for tife-saving procedures.
5 The needs of women in the health care and medical frontiine
6 professions shall be considered in the procurement of personal
7 protective equipment and such other assistive measures such as access
8 to clean restrooms, reasonable work shifts and equity in wages.
9 Any sector that may be affected adversely by measures under this
10 Act that would lead to unemployment or industry collapse shall be
11 assisted by the LGUs and interlocal units in alleviating their economic
12 status.
13 Sec. 11. Prohibited Acts. - The following acts and om issions are prohibited under
14 this Act:
15 (a) Failure to wear a mask while in pubtic spaces or in the workplace;
16 (b) Failure to comply with the provisions on the management of spaces
17 required in Section 6(B) of this Act, except in subsections (1) and (3). hi
18 such cases, the subject gathering shall either be ordered ceased, with the
19 maximum tolerance possible imder existing laws, if such gathering does
20 not comply with Section 6(A) of this Act;
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36
1 (f) Failure of the employer, supervisor, manager or any person in charge to
2 abide by the Case Management Protocols as provided for in Section 8 of
3 this Act.
4 Sec. 12. Penalties. - Any person, natural or juridical, who violates the provisions
5 under Section 11 of this Act shall, upon conviction, suffer the following penalties:
6 (a) For violation of Section 11(a) of this Act, a stern warning shall be issued
7 for the first offense, and for succeeding offenses, a mandatoiyr rendition
8 of community service or performance of productive tasks, such as
9 assisting in information campaign to comba t the COVID-19 pandemic;
10 (b) Imprisonment of one (1) month and one day to two (2) months or a fine
11 ranging from One Thousand Pesos (Php 1,000.00) to Fifty Thousand
12 Pesos (Php 50,000.00), or both, at the discretion of the court for violation
13 Section 11 (b) to (g) of this Act
14 In case the violation is committed by a partnership, corporation,
15 association or any jxrridical person, the partner, president, director or
16 manager who consents to or knowingly tolerates such violation shall be
17 directly liable and responsible;
18 (c) Suspension of the entity's permit to operate for any violation of Section
19 11(e): Provided, That the place owner, administrator or manager of the
20 entity shall be given a period of fifteen (15) days to submit the required
21 Management Plan: Provided, further. That failure to comply TAUthin the
22 15-day period shall be meted a fine of T’vv enty Thousand Pesos (Php
23 20,000.00); and
24 (d) Imprisonment of not less than two (2) months but not more than six (6)
25 months, or a fine of not less than Five Thousand Pesos (Php 5,000.00) but
26 not more than One Hundred Thousand Pe50S (Php 100,000.00), or both
27 imprisonment and fine, at the discretion of the court, in case the offender
28 is a government official or employee.
29 Sec. 13. Appropriations. - The amount necessary to effectively carry out the
30 provisions of this Act shall be charged against the current appropriations of the
31 concerned government agencies. Thereafter, such sums as may be necessary for the
37
* m
22 necessary rules and regulations for the effective implementation of this Act.
23 Sec. 15. Joint Congressional Oversight Committee. - A Joint Congressional
24 Oversight Committee composed of four (4) members of each House to be appointed
25 by the Senate President and the House Speaker, respectively, shall exercise an
26 oversight function over the implementation of this Act.
27 Sec. 16. Sunset Clause. - This Act shall expire after three (3) years from the date
28 of its effectivity, or sooner upon official declaration of the President of the Philippines
29 issued upon recommendation of the lATF for the Management of Emerging and
30 Infectious Diseases that the prevailing pandemic caused by tlie COVID-19 virus, or
31 other similar infectious diseases, has already been eradicated: Provided, lliat
32 standards, protocols, and other measures prescribed by this Act which are not
38
* '
Approved,
39
NINETEENTH CONGRESS OF THE of llir fepf ft irji
REPUBLIC OF THE PHILIPPINES
First Regular Session )
*3? SEP 21 P5 21
SENATE
S. No. 1341
AN ACT
PROVIDING PROTECTION TO CONSUMERS AND MERCHANTS
ENGAGED IN INTERNET TRANSACTIONS, CREATING FOR THIS
PURPOSE THE E-COMMERCE BUREAU, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Especially now, as we adjust to the new normal, the majority of Fihpinos have
come to depend on technology and digital coimections in most aspects of their lives,
whether for work, education, healthcare, commercial transactions, or even daily social
interactions. The nation needs to capitalize on how the pandemic has grown its e-
commerce sector. That is why the Department of Trade and Industry (DTI) intends to
As our economy recovers from the pandemic, it is vital that we take advantage
of the country's fast-growing e-commerce to boost our economic growth. However,
the adoption of e-commerce has led to a rise in customer complaints. Building trust is
now our challenge.
For our nation's e-commerce to be trusted, we must also promote values and
ethics in all of our citizens, including customers and business owners alike.
OREN LEGARDA
https://www.manilatimes.net/2022/07/06/news/robust-growth-seen-for-e-commerce/1849954
NINETEENTH CONGRESS OF THE d( tiir
REPUBLIC OF THE PHILIPPINES
First Regular Session )
** SEP 21 P5 21
SENATE
mvitiK
S. No. 1341
AN ACT
PROVIDING PROTECTION TO CONSUMERS AND MERCHANTS
ENGAGED IN INTERNET TRANSACTIONS, CREATING FOR THIS
PURPOSE THE E-COMMERCE BUREAU, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in
Congress assembled:
1 Section. 1. Short Title. - This Act shall be known as the "Internet Transactions Act
2 of2022."
3 Sec. 2. Declaration of Policy. - It is the policy of the State to promote the growth
4 of electronic commerce (e-commerce) in the country by building mutual trust between
5 online sellers and consumers. The State recognizes the growth of the digital economy
6 and the need to ensure that aU goods and services transacted digitally are in
7 accordance with specifications, reliable, secure, and accessible to all consumers for the
8 purpose of increasing the productivity and efficiency of businesses. To that end, the
9 State shall ensure long-term and equitable e-commerce business practices through
10 transparent and appropriate information disclosure, the preservation and protection
11 of data privacy rights, and a focus on the critical importance of product safety.
12 Likewise, the State shall provide meaningful access to effective mechanisms for the
13 resolution of disputes involving e-commerce, including alternative dispute resolution
14 methods.
15 Sec. 3. Definition of Terms. - As used in this Act:
1 (a) " Compatibility" refers to the ability of the digital product to function with
2 hardware or software with which digital products of the same type are
3 normally used, without the need for any conversion;
4 (b) "Consumer-to-consumer transactions" refer to isolated transactions of an
5 individual or group of individuals with another individual or group of
6 individuals, done for personal, family, or household purposes, and not
7 done in the ordinary course of business of any of the parties to the
8 transaction;
9 (c) “Goods" refer to tangible products which are primarily for personal,
10 family, household, or agricultural purposes, such as but not limited to,
11 food, drugs, cosmetics, and devices;
12 (d) A "Delivery Carrie/' refers to any natural or jiu-idical person engaged in
13 the business of providing personal delivery services of food, goods,
14 documents, or any other item from one person to another for
15 compensation;
16 (e) "Devices" refers to equipment or mechanism designed to serve a special
17 purpose or perform a special function;
18 (f) "Digital Platforms" refers to internet intermediaries or businesses, such
19 as but not limited to, e-marketplaces, online dehvery enterprises,
20 entertainment websites and services, music products and services, social
21 media, advertising, education, and learning products, health websites
22 and apphcations, and labor services, among others, that match, connect,
23 or facilitate interactions and transactions by and between any two or
24 more parties to enable them to seU, exchange, share, or transact in any
25 convenient manner, goods, services, and digital products;
26 (g) "Digital Products" refer to goods and services produced and suppUed in
27 digital form, such as but not limited to, video, audio, apphcations,
28 digital games, and any and aU other software that allows the consumer
29 to create, process, download, store, or access digital content, or allows
30 the sharing of the same, or any interaction with digital content provided
31 by other users of the service;
1 (h) "E-commerce Philippine Trustmark" refers to the mark approved by the E-
2 commerce Bureau that represents the legitimacy and verified status of
3 an online merchant and provides consumer protection in online or e-
4 commerce transactions, as well as accountability in the event of
5 consumer complaints;
6 (i) "E-commerce or Online Transaction" refers to the exchange or transfer of
7 goods and services using the internet;
8 (j) "E-Marketplace" refers to a digital platform, such as but not limited to,
9 eBay, Amazon, Shopee, Lazada, Carousell, and Facebook Marketplace,
10 among others, whose business is to connect online consumers and
11 online merchants, facilitating the exchange of information regarding
12 products or services for the purpose of entering into an e-commerce
13 transaction such as the purchase of goods and services, tangible or
14 intangible, and which may or may not provide information or services
15 about payments and logistics;
16 (k) "E-Retailer" refers to a natural or juridical person engaged in selling
17 products or services, tangible or intangible, directly to online consumers
18 through their own website or any digital platform;
19 (l) "Interoperability" refers to the ability of the digital product to function
20 with hardware or software different from those with which the digital
21 product of the same type is normally used;
22 (m) "Online Consumer" refers to a natural or juridical person who may be a
23 purchaser, lessee, recipient, or prospective piurchaser, lessor, or
24 recipient of goods and digital products sold, exchanged, leased, or
25 transacted over the internet;
26 (n) "Online Delivery Partner" refers to a delivery carrier that performs
27 dehvery services through an online delivery service platform under
28 contract with a digital platform or an e-marketplace;
29 (o) "Online Delivery Service" refers to the dehvery of food, parcels, or any
30 item, contracted through a digital platform, which may be an
31 apphcation, website, webpage, social media accoimt, or similar means
32 operated by an online dehvery service platform;
1 (p) "Online Delivery Service Platform" refers to any natural or juridical
2 person engaged in providing online delivery service for a fee through
3 any digital platform; and
4 (q) "Online Merchant" refers to any natural or juridical person spiling or
5 manufacturing, or otherwise offering for sale or manufacturing, goods
6 or digital products in the ordinary course of business, either through
7 an e-marketplace, social media, website, application or via any digital
8 platform over the internet.
9 Sec. 4. Scope and Coverage. - This Act shall apply to the sale or exchange of
10 goods, services, or digital products in the course of trade or business conducted over
11 the internet, whether between businesses, households, individuals, or other public or
12 private organizations. Consumer-to-consumer internet transactions shall not be
13 covered under this Act.
14 Sec. 5. Extra-Territorial Application. - A person engaging in e-commerce who
15 purposefully avails of the Philippine market shall be deemed as doing business in the
16 Philippines and be subject to applicable Philippine laws and regulations, including
17 this Act. One who purposely avails of the Philippine market without establishing any
18 real or legal presence in the Philippines shall be required to notify the e-commerce
19 Bureau created under Section 7 of this Act for inclusion in the Online Business
20 Registry established imder Section 11 of this Act, or may designate a resident agent
21 who shall be authorized to receive on their behalf notices or processes in any legal
22 proceeding in the Philippines. The accessibility of goods and services to consumers in
23 the Philippines shall be considered in ascertaining whether one engaged in e-
24 commerce is piuposefuUy availing the Philippine market.
25 Sec. 6. Equal Treatment of Online and Offline Commercial Activities. - Unless
26 otherwise specified, this Act shall be construed to ensure that those who engage in e-
27 commerce may not enjoy any benefit that is more favorable, nor be placed at a
28 disadvantage, in relation to other enterprises that offer goods and services offline in
29 the Philippines.
30 Sec. 7. E-commerce Bureau. - The E-commerce Division created through
31 Department of Trade and Industry (DTI) Department Order No. 09-16 in accordance
32 with Section 29 of Republic Act No. 8792, or the "Electronic Commerce Act of 2000,"
1 is hereby abolished, and an E-commerce Bureau under DTI shall be created to perform
2 the following functions:
3 (a) Implement, monitor, and ensure compliance with the provisions of this
4 Act;
5 (b) Build trust between consumers and sellers by mandating entities
6 engaged in e-commerce to register with the Online Business Registry;
7 (c) Formulate poUcies, plans, and programs to ensure the robust and
8 dynamic development of e-commerce;
9 (d) Identify regulatory gaps affecting the e-commerce sector that are not
10 sufficiently addressed by this Act or by existing laws or regulations, and
11 recommend appropriate executive or legislative measures that foster the
12 growth of the sector;
13 (e) Act as a virtual one-stopshop tasked with receiving and addressing
14 consumer complaints on unresolved internet transactions between
15 parties; facilitating the speedy resolution of consmner complaints by the
16 respective government agency having jurisdiction over the same; and
17 tracking complaints referred to or initiated by it mo hi proprio to ensure
18 that the agency to which such matters pertain or otherwise have been
19 referred to takes prompt and appropriate action;
20 (f) Coordinate with, or petition whenever appropriate, any entity,
21 government agency, or instrumentality to act on any matter related to e-
22 commerce consumer complaints;
23 (g) Monitor internet market behavior, consult with stakeholders and
24 concerned agencies to better understand e-commerce transactions, and
25 prepare and conduct periodic studies on the same; and
26 (h) Collaborate with the various departments of the national government
27 and the local government units (LGUs) in the implementation of projects
28 and programs promoting e-commerce, including information and
29 education, as weU as in ensuring a policy regime that is proactive.
30 In the exercise of the above-stated functions, the Bureau, in coordination with
31 other government agencies, may convene public consultations or inter-agency
1 meetings to ensure multi-stakeholder input in the development of e-commerce
2 policies.
3 Government agencies and instrumentalities involved in the maintenance and
4 development of the internet infrastructure of the Philippines, such as the Department
5 of Information and Communications Technology (DICT) and the National
6 Telecommimications Commission (NTC), shall cooperate with the Bureau on issues
7 within their respective regulatory jurisdiction that affect the conduct of e-commerce.
8 Sec. 8. Composition of the Bureau. - The Bureau shall be headed by a Director
9 who must have sufficient knowledge and background in e-commerce and online
10 transactions and aU the laws and processes related thereto. Three (3) Assistant
11 Directors will assist the Director with poUcy and administration, enforcement, and
12 operations.
13 The Director and all assistant directors shall be appointed by the President,
14 upon the recommendation of the DTI Secretary, and must be career executive service
15 officers with at least five (5) years of government service and relevant experience in e-
16 commerce development.
17 Sec. 9. Subpoena. - In the exercise of its powers under this Act, the Director of
18 the Bm-eau shall have the power to issue summons, subpoena ad testificandum, and
19 subpoena duces tecum to alleged violators or witnesses to compel their attendance and
20 the production of dociunents in investigations or proceedings before the Bureau.
21 The failure to comply with a subpoena ad testificandum or subpoena duces tecum
22 shall authorize the filing of a case for indirect contempt under the Rules of Court with
23 the Regional Trial Court (RTC). A certification dtdy issued by the Bureau that a
24 respondent to the subpoena ad testificandum or subpoena duces tecum refuses to comply
25 with the same, despite due notice, shall be sufficient evidence to authorize the RTC to
26 dte the respondent with contempt. The RTC shall likewise have the authority to issue
27 any such order or relief, including imprisonment, in order to compel comphance with
28 the subpoena ad testificandum or subpoena duces tecum. The RTC may, in addition, also
29 issue a subpoena ad testificandum or subpoena duces tecum addressed to the respondents
30 identical to the one subject of the complaint.
31 Sec. 10. Authority to Promulgate Rules and Regulations. - As the focal authority of
32 the National Government for the development of pohdes and strategies for the
1 growth of e-commerce, the Bureau shall have the authority to promulgate rules and
2 regulations covering areas or activities concerning e-commerce and to impose fines to
3 compel compliance with such rules. The grant of this rule-making authority to the
4 Bureau shall be ancillary to any duly constituted regulatory jurisdiction granted or
5 that may be granted to other government agencies by law, including Executive Order
6 No. 292, series of 1987, instituting the "Administrative Code of 1987," Republic Act
7 No. 7394, otherwise known as the "Consumer Act of the Philippines," Republic Act
8 No. 7653, as amended, otherwise known as "The New Central Bank Act," Republic
9 Act No. 8293, as amended, otherwise known as the "Intellectual Property Code of the
10 Philippines," Republic Act No. 8799, otherwise known as the "Securities Regulation
11 Code," Republic Act No. 9239, otherwise known as the "Optical Media Act of 2003,"
12 Republic Act No. 9593, otherwise known as the "Toiuism Act of 2009," RepubUc Act
13 No. 10173, otherwise known as the ""Data Privacy Act of 2012," Republic Act No.
14 10667, otherwise known as the "Philippine Competition Act," Repubhc Act No. 11127,
15 otherwise known as " The National Payment Systems Act," and Republic Act No.
16 11232, otherwise known as the "Revised Corporation Code".
17 The Bureau shall defer the exercise of rule-making power to the above-listed
18 government agencies conferred by law with regulatory jurisdictions over e-commerce
19 providers or platforms unless the other agency declines to exercise its jurisdiction or
20 does not act in a timely manner.
21 Sec. 11. Online Business Registry (OBR). - Within a period of one (1) year from
22 the effectivity of this Act, the Bureau shall, in coordination with the DICT, establish,
23 maintain, and manage an Online Business Registry (OBR) which shall provide
24 consmners access to data and information of e-marketplaces, e-retailers, online
25 merchants, and other digital platforms engaged in the sale of goods, services, and
26 digital products for purposes of verifying their existence, confirming their identity,
27 and other relevant or needed information.
28 Sec. 12. Regulatory Jurisdiction of the Department of Trade and Industry. - For the
29 purposes of this Act, the DTI shall have primary regulatory authority over e-
30 marketplaces, e-retailers, online merchants, and other digital platforms that sell or
31 allow the sale or exchange of goods, services, or digital products and are intentionally
32 targeting the Philippine market.
1 Sec. 13. Authority to Issue Take-Down Order. — Whenever the Bureau finds, by
2 its own initiative or upon petition of a consumer or other concerned party, that the
3 online sale of goods, services, or digital products is violative of this Act, the
4 "Consumer Act of the Phihppines," or other related laws, the DTI Secretary, in order
5 to abate further violations, shall have the power to:
6 (a) Impose an order, as a form of penalty, directing that the violative online
7 product listing, webpage, business page, appUcation, social media post,
8 profile, website, or, when applicable, any platform of the online
9 merchant or e-retailer related to the illegal product be taken down, or
10 the same be made inaccessible in the Philippines, whether temporarily
11 or permanently; and
12 (b) Issue an advisory that no entity shall process payments made to any
13 violating entity to ensure that the latter shall be rendered commercially
14 inoperative.
15 Provided, That, the DTI Secretary may immediately issue a provisional take
16 down order to prevent grave and irreparable mjiuy to the pubUc, when the following
17 conditions are present:
18 (a) When the DTI Secretary finds that a good, service or digital product is
19 imminently injurious, unsafe, or dangerous; or
20 (b) When the seller under investigation has been previously penalized
21 under this Section.
22 Whenever the DU Secretary orders the immediate take-down, recall, ban, or
23 seiztu-e of an illegal product from public online sale or distribution, the seller,
24 distributor, manufacturer, or producer thereof shall be given an opportunity to be
25 heard within forty-eight (48) hours from the issuance of such order.
26 The take-down order shall be directed against the e-retailer, online merchant,
27 owner, or operator of the e-marketplace or digital platform, whether imposed as a
28 penalty or granted provisionally. Copies of the order shall be served on entities whose
29 cooperation would be required for its enforcement, such as but not limited to the duly
30 registered internet service provider involved, related payment gateways, and other
31 government agencies.
1 The DTI Secretary may revoke the take-down order after hearing the
2 explanation submitted by the seller, distributor, manufacturer, or producer; in which
3 case, the order revoking the take-down order shall be served on the entities mentioned
4 and in the same manner stated in the preceding paragraphs.
5 Sec. 14. Cease and Desist Order. - The DTI Secretary, upon due notice and
6 hearing, shall have the power to issue an order directing a website, webpage, online
7 application, social media account, or other similar platform operating to tire grave and
8 irreparable prejudice of a consumer or a rights holder, to desist from marketing or
9 offering goods or services that are accessible in the Philippines, and directing that no
10 payments shall be made to any entity which is marketing or offering such goods or
11 services in violation of this Act, the Consumer Act of the Philippines, or any other
12 related trade or consumer laws.
13 The cease and desist order shall remain in effect for a maximum of thirty (30)
14 days unless otherwise extended or made permanent by a judicial order or decision.
15 Sec. 15. Referral of Complaints. - The Bureau shall refer any complaint it receives
16 involving violations of other laws committed in the course of an online or e-commerce
17 transaction to the appropriate regulatory authority for action. The Bureau shall track
18 the complaints or referrals made to other authorities and coordinate with them to
19 ensure that matters are duly resolved in accordance with Republic Act No. 11032,
20 otherwise known as the "Ease of Doing Business and Efficient Government Service
21 Delivery Act of 2018."
22 Sec. 16. Obligations of E-Marketplaces and other Digital Platforms. -
23 (a) E-marketplaces and e-commerce digital platforms shall ensure that their
24 e-commerce transactions shall:
25 (i) Be clearly identifiable as an e-commerce transaction;
26 (ii) Identify the person or persons on whose behalf the e-commerce
27 transaction is made; and
28 (ui) Identify promotional offers including discounts, premiiuns, gifts,
29 and any promotional game or competition, and ensure that any
30 condition to qualify for them are easily accessible, and clearly set
31 forth.
1 (b) E-marketplaces and e-commerce digital platforms shall require all
2 online merchants to submit the following, prior to listing with their
3 platforms:
4 (i) Name of the online merchant accompanied by at least two (2)
5 vahd government identification cards;
6 (ii) Geographic address where the online merchant is located;
7 (iii) Contact details of the online merchant which must include a
8 mobile or landline number and a valid e-mail address; and
9 (iv) In instances when the online merchant exercises a regulated
10 profession, the online merchant shall be required to submit
11 details of membership in any professional body or similar
12 relevant institution with which the online merchant is registered
13 or otherwise is a member of.
14 Except for the government identification cards mentioned under
15 Section 16(b) (i), the information required imder this paragraph shall be
16 published or posted on the e-commerce platforms for transparency.
17 (c) E-marketplaces and e-commerce digital platforms are mandated to
18 maintain a list of aU online merchants registered under their platform,
19 which shall be regularly verified. This list shall be submitted to the
20 Bureau and updated every six (6) months.
21 (d) E-marketplaces and e-commerce digital platforms shall not allow the
22 sale of regulated goods, such as, but not limited to, chemicals, food, and
23 drugs without verifying the online merchant's compliance with
24 regulatory permits and licenses, sale procedures and limitations, and
25 other relevant conditions for the sale as may be imposed by any law or
26 local government regulation.
27 Sec. 17. Obligations of E-Retailers and Online Merchants. - An e-retailer or online
28 merchant of goods, services, or digital products, as defined under this Act, shall
29 exercise the following responsibilities:
30 (a) Ensure that the goods are received by the online consumer:
31 (i) In the same condition, type, quantity, and quahty as described
32 and stated and, in appUcable circmnstances, possess the
10
1 functionality, compatibility, interoperability, and other features
2 required by the sales contract, fit for the purpose for which it was
3 intended by its nature;
4 (ii) In the same condition, type, quantity, and quality of a sample,
5 picture, or model of the goods shown by the e-retailer or online
6 merchant upon request of the online consumer, or of additional
7 descriptions or specifications provided by the e-retailer or online
8 merchant upon inquiries made by the online consumer; and
9 (iii) It must fit the particular purpose for which the online consumer
10 requires them, as communicated to the e-retailer or online
11 merchant at the time of the perfection of the contract, and which
12 the e-retailer or online merchant has accepted;
13 (b) All the goods shall:
14 (i) Be delivered together with its accessories including all other
15 packaging, installation inclusions, any user manual, or other
16 instructions as advertised or as described, if applicable, with the
17 relevant information stated in the packaging, printed, or written
18 m Filipino and/or English; and
19 (ii) Possess qualities and performance capabilities including
20 functionality, compatibility, and interoperability that are
21 standard and normal in goods of the same type which the
22 consumer may expect given its nature and considering any
23 pubUc statement or testimonial made by or on behalf of the e-
24 retailer, online merchant, or other persons in earlier links of the
25 chain of transactions, including the producer, unless the e-
26 retailer or online merchant shows that:
27 (1) The e-retailer or online merchant was not, and could not
28 have been, reasonably aware of the statement in
29 question;
30 (2) By the time of conclusion of the contract, the statement
31 had already been corrected; or
11
1 (3) The decision to buy the goods could not have been
2 influenced by the statement.
3 (c) Where the e-retailer or online merchant is a digital product provider, it
4 shall ensure that the digital product has the qualities and performance
5 features, in relation to functionality, compatibility, interoperability,
6 accessibility, continuity, and security, which are standard and normal
7 for a digital product of the same type as advertised or described.
8 (d) Where the contract provides that the digital product is to be suppUed or
9 made accessible to the online consumer over a period of time, the e-
10 retailer or online merchant may modify the digital product beyond what
11 is necessary for its maintenance, if the following conditions are met:
12 (i) The contract allows, and provides a valid reason for, such a
13 modification;
14 (ii) Such a modification is made without additional cost to the
15 consumer; and
16 (iii) The online consumer is informed in a clear and comprehensible
17 manner of the modification.
18 (e) Where the transaction involves a digital platform that offers a
19 performance of a service, the e-retailer or online merchant shall ensure
20 the completion of the same in accordance with the contract and as
21 advertised.
22 (f) An e-retaOer or an online merchant that operates its own digital
23 platform shall publish on its homepage the following:
24 (i) Name of the e-retailer or online merchant;
25 (ii) Geographic address where the e-retailer or online merchant is
26 located; and
27 (iii) Contact details of the e-retailer or online merchant which must
28 include a mobile or landline number and a valid e-mail address
29 to ensure direct and efficient communication with consumers.
30 This shall be submitted to the Bureau and must be accompanied
31 by at least two (2) government identification cards as valid proof of
32 identity.
12
1 (g) Where the e-retailer or online merchant is an online dehvery service
2 platform, it shall require its consumers to register by showing valid
3 proof of identity, and an e-mail address or mobile phone number.
4 (h) E-retailers or online merchants shall issue paper or electronic invoices
5 or receipts for all sales. An electronic invoice or receipt shall have the
6 same legal effect as a paper invoice or receipt.
7 Any agreement between the e-retailer or online merchant and the online
8 consumer is vaHd only if, at the time of the conclusion of the contract, the online
9 consumer has knowledge of the specific condition of the goods, services, or digital
10 products and has expressly accepted such condition.
11 Sec. 18. Rights and Obligations of Online Consumers. -
12 (a) When the online merchant is hable to the consmner because of a lack of
13 conformity with the contract, the consumer may pursue any of the
14 following remedies:
15 (i) A repair or replacement of the goods or digital product which
16 must be completed within a reasonable time and without any
17 significant inconvenience to the consumer, taking into account
18 the nature and the purpose for which the consumer acquired
19 such;
20 (ii) A proportionate reduction of the price if the consumer chooses to
21 keep the good or digital product despite the lack of conformity
22 with the contract, or the termination of the contract with
23 restitution of the price, in the following instances:
24 (1) When repair or replacement is impossible or xmlawful;
25 (2) The online merchant has not completed repair or
26 replacement within a reasonable time;
27 (3) When repair or replacement may cause significant
28 inconvenience to the consumer; or
29 (4) When the online merchant has declared, or it is equally
30 clear from the circumstances, that the online merchant
31 may not bring the goods or digital product in conformity
32 with the contract within a reasonable time;
13
1 (iii) When applicable, the consumer is entitled to withhold payment
2 of any outstanding part of the purchase price until the online
3 merchant has brought the goods or digital product in conformity
4 with the contract;
5 (iv) The consxuner is not entitled to a remedy to the extent that the
6 consumer has contributed to any ambiguity or lack of conformity
7 with the contract or its effects;
8 (v) When the online merchant remedies the lack of conformity with
9 the contract by replacement, the online merchant is entitled to the
10 retmn of the replaced goods or digital products at the online
11 merchant's expense, unless otherwise agreed upon by the parties;
12 (vi) When the consmner had installed the goods or digital products
13 in a manner consistent with their nature and purpose before the
14 lack of conformity with the contract became apparent, the costs
15 for the removal of the non-conforming goods or digital products,
16 the installation of the replacement and all associated costs shall
17 be for the account of the online merchant;
18 (vii) In case of goods or digital products that do not conform with the
19 contract, the consumer is not hable to pay for the use of the non-
20 conforming goods or digital products prior to their replacement;
21 or
22 (viii) The consumer may exercise the choice in the alternative between
23 repair or replacement of the purchased good or digital product
24 imless such choice is impossible in which case the consmner may
25 choose to terminate the contract and return the item, and the
26 online merchant shall refund the fuU amount paid by the
27 consumer.
28 (b) Consumers of online delivery service platforms may hold delivery
29 carriers liable for damages if the latter fails to exercise due diligence and
30 reasonable care over the goods transported by them.
31 (c) To protect the rights of delivery carriers, it shall be unlawful for
32 consmners to:
14
1 (i) Cancel confirmed orders for the delivery of food or grocery items
2 when the said items have already been paid for by, or are already
3 in the possession of the online delivery partner or delivery
4 service or are otherwise in transit to the consumer unless:
5 (1) The consumer uses credit card services as a means for
6 the payment of the service and the payment will still be
7 credited notwithstanding the cancellation;
8 (2) The consumer remits the reimbursement and payment
9 to the online delivery partner as a pre-condition for the
10 cancellation of the order; or
11 (3) The delivery of goods will be or was delayed for at least
12 one (1) hour from the expected time of arrival due to the
13 fault or negligence of the online delivery partner or
14 delivery service.
15 (ii) Use the personal information of another person such as, but not
16 limited to, name, address, and contact number when registering
17 in online delivery service platforms;
18 (iii) Place an order imder the name of another person, unless the latter
19 consented to the same, or placing an order using a fictitious name
20 and/ or address; or
21 (iv) Unreasonably shame, demean, embarrass, or hiuniliate online
22 delivery partners.
23 Sec. 19. Right to Terminate the Contract. - If the goods or digital products
24 delivered do not conform to the contract, the consumer may exercise the right to
25 terminate the contract by giving notice to the online merchant. Where the lack of
26 conformity relates to only some of the goods or digital products delivered imder the
27 contract, the consumer may terminate the contract only in relation to the non-
28 conforming goods or digital products and any such accessory acquired as an adjunct
29 to the same. When the consumer terminates a contract as a whole or in relation to
30 some of the non-conforming goods or digital products delivered:
15
1 (a) The online merchant shall reimburse the consumer the price paid not
2 later than fourteen (14) days from receipt of the notice and without
3 undue delay whatsoever;
4 (b) Upon receipt of the reimbursement from the online merchant, the
5 consumer shall return, at the orUine merchant's expense, the goods or
6 digital products not later than fourteen (14) days from the receipt of the
7 reimbursement and without undue delay whatsoever; Provided, That the
8 online merchant may waive this requirement at any time;
9 (c) When the goods or digital products cannot be returned because of
10 destruction or loss, the consiuner shall pay the monetary value which
11 the non-conforming goods or digital products would have had at the
12 date when the return was to be made had they been kept by the
13 consiuner without destruction or loss until that date, unless the
14 destruction or loss has been caused by a lack of conformity of the goods
15 or digital products with the contract; and
16 (d) The consumer shall pay for a decrease in the value of the goods or digital
17 products only to the extent that the decrease in value exceeds
18 depreciation through regular use. The payment for the decrease in value
19 shall not exceed the price paid for the goods or digital products.
20 Sec. 20. Damages. - The online merchant is liable for damages to the consumer
21 due to the lack of conformity with the contract of the goods or digital products:
22 Provided, that such becomes apparent within six (6) months from receipt of the said
23 goods or digital product.
24 No damages may be recovered from this Act after the lapse of two (2) years
25 from the time the consumer receives the goods or digital products.
26 Sec. 21. Online Dispute Resolution. - The DTI shall develop an Online Dispute
27 Resolution (ODR) platform which is a single point of entry for parties to e-commerce
28 transactions that are seeking out-of-court resolution of disputes when the platforms
29 or merchants fail to resolve or assist consumers with their concerns.
30 (a) The ODR shall be an interactive website accessible electronically and
31 free of charge. The DTI, through the Bureau, shall be responsible for its
32 operation, including its maintenance, funding, and data security. The
16
1 ODR platform must be user-friendly, easily accessible, and data privacy
2 compliant.
3 (b) The DTI shall establish a network of ODR contact points from different
4 government agencies involved in consumer complaints as specified in
5 Republic Act No. 7394, otherwise known as the "Consumer Act of the
6 Philippines," including the Department of Agriculture (DA),
7 Department of Tourism (DOT), and the Department of Health (DOH),
8 among others. The Intellectual Property Office of the Philippines (IPO)
9 shall also be part of the ODR network.
10 (c) Each agency shall have a designated ODR contact point whose name
11 and contact information are to be submitted to the DTI. The head of the
12 agency shall confer responsibility to the respective ODR contact points
13 to ensure that timely and competent support is provided to the
14 resolution of complaints and disputes submitted through the ODR
15 platform.
16 (d) The ODR platform shall have the following functions:
17 (i) Provide an electronic form where alternative dispute resolution
18 entities shall transmit the information;
19 (ii) Provide a feedback system that will allow parties to express their
20 views on the efficiency of the ODR platform and on the response
21 of the entity handling their dispute; and
22 (iii) Make available to the public, general information on alternative
23 dispute resolution as a means of out-of-court dispute resolution
24 and the entities which are competent to deal with such disputes.
25 (e) The DTI shall ensure that the information on the website is accurate and
26 up to date.
27 (f) Online e-commerce platforms and online merchants shall provide on
28 their websites an electronic link to the DTI-ODR platform on their
29 homepage.
30 Sec. 22. Liability. - An e-marketplace or e-commerce digital platform shall be
31 solidarily liable to its listed online merchant, after due notice and hearing, under the
32 following circumstances:
17
1 (a) If it fails to provide a mechaiusm for consumers to dispute, be refunded,
2 or validly cancel orders. For this purpose, refunds to cash-paying
3 customers should also be in cash;
4 (b) When the online e-commerce platform fails to properly resolve disputes,
5 refunds, or valid cancellation of orders of consumers within a
6 reasonable time;
7 (c) If it knows or should have known that the goods, services or digital
8 products sold are illegal, do not comply with existing laws, or otherwise
9 infringe on intellectual property rights;
10 (d) If it fails to take necessary measures to prevent or curtail the sale or
11 distribution of the products which are illegal, do not comply with
12 existing laws, or otherwise infringe on intellectual property rights
13 within a reasonable period. Liability shall not attach to the e-
14 marketplace or e-commerce digital platform in instances when the
15 illegality or infringing nature of the goods, services or digital products
16 advertised, offered for sale, or sold through e-marketplace or e-
17 commerce digital platform is not apparent: Provided, That;
18 (i) The online e-commerce platform offers a simple and
19 straightforward procedure for consumers, rights-holders, or
20 online merchants to report the existence of illegal or infringing
21 goods, services, or digital products on the platform;
22 (ii) Consumers, rights-holders, and online merchants are properly
23 informed on the policy implementing such procedure; and
24 (iii) Any report of illegal or infringing goods, services or digital
25 products shall be expeditiously acted upon through
26 investigations, suspensions, and take-down measures, if
27 necessary, by the platform;
28 (e) If the online e-commerce platform fails to comply with the requirements
29 of this Act involving the collection, publication, and submission of
30 online merchant information; and
31 (f) If the e-commerce platform operator fails, after notice, to act
32 expeditiously to remove, or disable access to, goods, services or digital
18
1 products appearing on their platform that they know or should have
2 known to be non-compliant with law, or otherwise infringe on
3 intellectual property rights.
4 Sec. 23. Digital Payments. - E-commerce platform operators and online
5 merchants shall issue the appropriate paper or electronic invoices or receipts for all
6 sales in accordance with relevant internal revenue laws and regulations. An electronic
7 invoice or receipt shall have the same legal effect as a physical invoice or receipt.
8 The DTI, through the Bureau, shall, in coordination with the Bangko Sentral ng
9 Pilipinas (BSP), the BIR, the Bureau of Customs (BOC), the Department of Justice
10 (DOJ), the Philippine National Police (PNP), the DICT, and the NTC, issue rules and
11 regulations to modernize and streamline the regulatory framework and encourage the
12 adoption of electronic payment systems by the citizenry. The DTI shall also develop
13 guidelines to protect merchants and consumers covering the various digital payment
14 solutions.
15 Sec. 24. E-commerce Philippine Trustmark. - To provide assurance of safety and
16 security in transactions over the internet, an e-commerce Philippine Trustmark shall
17 be developed for online merchants.
18 (a) A Trustmark and Trustmark Portal shall be created which shall be
19 administered and managed by the DU.
20 (b) A Trustmark on the website of an online merchant signifies that the
21 company is committed to guaranteeing honesty, fairness, and integrity in
22 dealing with its customers, and is committed to refrain from engaging in
23 any illegal, fraudulent, unethical, or unfair business practices.
24 (c) In case of a complaint involving the purchase of their products or services,
25 online merchants with the Trustmark shall give consumers the option of
26 filing claims through the Trustmark portal, if the online merchant's
27 customer care service has not been able to resolve the issue.
28 (d) The Trustmark shall be linked to the DTI's online dispute resolution.
29 (e) The Trustmark shall be considered an official document for purposes of the
30 crime of falsification as defined under the Revised Penal Code and other
31 related laws. Any E-marketplace, e-retailer, online merchant, or e-
32 commerce digital platform that is found guilty of falsifying or forging the
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1 E-commerce Philippine Trustmark, shall be subjected to a take-down order
2 in accordance with Section 13 of this Act.
3 Sec. 25. Implementing Rules and Regulations. - Within sixty (60) days from the
4 promulgation of this Act, the necessary rules and regulations shall be formulated and
5 issued by the DTI, in consultation with the DICT, IPO, DOH, the Food and Drug
6 Admmistration (FDA), and other relevant government agencies necessary for the
7 proper implementation of this Act.
8 Sec. 26. Jurisdiction of Other Agencies. - The agencies mentioned in Section 25 of
9 this Act shall continue to exercise the powers and duties provided to them under
10 existing laws, unless repealed or modified accordingly.
11 Sec. 27. Penalties. -
12 (a) Any e-marketplace, e-retailer, online merchant or e-commerce digital
13 platform that is foimd guilty of any deceptive, unfair or imconscionable
14 sales act or practice as provided for under Republic Act No. 7394, or the
15 "Consmner Act of the Phihppines," done through the internet, shall be
16 subjected to a take-down order in accordance with Section 13 of this Act.
17 It shall also be punished with a fine of not less than Fifty Thousand Pesos
18 (Php 50,000.00) but not more than Five Flimdred Thousand Pesos (Php
19 500,000.00), or an imprisonment of not less than five (5) months but not
20 more than (1) year, or both, upon the discretion of the court.
21 (b) Any e-marketplace, e-retailer, online merchant or e-commerce digital
22 platform that sells or allows the sale of illegal, or imminently injurious,
23 unsafe or dangerous goods, services or digital products shall be subject
24 to a take-down order in accordance with Section 13 of this Act. It shall
25 also be punished with:
26 (i) Imprisonment of one (1) year to three (3) years plus a fine ranging
27 from Fifty Thousand Pesos (Php 50,000.00) to One Hundred Fifty
28 Thousand pesos (Php 150,000.00) for the first offense.
29 (ii) Imprisonment of three (3) years and one (1) day to six (6) years
30 plus a fine ranging from One Hundred Fifty Thousand Pesos
31 (Php 150,000.00) to Five Hundred Thousand Pesos (Php
32 500,000.00) for the second offense.
20
1 (iii) Imprisonment of six (6) years and one (1) day to nine (9) years
2 plus a fine ranging from Five Hundred Thousand Pesos (Php
3 500,000.00) to One Million Five Hundred Thousand Pesos (Php
4 1,500,000.00) for the third and subsequent offenses.
5 (c) Any e-retailer or online merchant who shall willfully or imreasonably
6 refuse to provide the remedies under Section 18(a), shall be subjected to
7 a take-down order in accordance with Section 13 of this Act, and be
8 punished with a fine not less than One Hundred Thousand Pesos (Php
9 100,000.00), but not more than Three Himdred Thousand Pesos (Php
10 300,000.00), in addition to the payment of the actual value of the goods
11 or digital products involved.
12 (d) Any person who shall violate Section 18(c) of this Act, shall be punished
13 with a penalty of arresto mayor or a fine not exceeding One Hundred
14 Thousand Pesos (Php 100,000.00), without prejudice to any other
15 available remedies under existing laws.
16 In case any violation of this Act is committed by a partnership, corporation or
17 any juridical entity, the President, the General Manager, and other officers,
18 employees, and agents, who shall consent to, or shall knowingly tolerate such
19 violation shall be criminally liable.
20 Sec. 28. Oversight Committee. - There is hereby created a Congressional
21 Oversight Committee, hereinafter referred to as the Internet Transactions Act
22 Congressional Oversight Committee, to be composed of five (5) members from the
23 Senate, which shall include the Chairpersons of the Senate Committees on Trade,
24 Commerce and Entrepreneurship, Science and Technology, and Finance, and five (5)
25 members from the House of Representatives, which shall include the Chairpersons of
26 the House of Representatives Committees on Trade and Industry, Information and
27 Communications Technology, and Appropriations. The Internet Transactions Act
28 Congressional Oversight Committee shall be jointly chaired by the Chairpersons of
29 the Senate Committee on Trade and Commerce and the House of Representatives
30 Committee on Trade and Industry. It shall meet at least every quarter of the first two
31 years and every semester for the third year after the approval of this Act to review the
32 implementation of this Act, evaluate the Bureau on its functions as the lead agency.
21
1 determine any inherent weaknesses in the law, and recommend the necessary
2 remedial legislation or executive measures: Provided, That the Internet Transactions
3 Act Congressional Oversight Committee shall cease to exist after five (5) years upon
4 the effectivity of this Act.
5 The Secretariat of the Internet Transactions Act Congressional Oversight
6 Committee shall be drawn from the existing personnel of the Senate and House of
7 Representatives Committees comprising the Internet Transactions Act Congressional
8 Oversight Committee.
9 Sec. 29. Transitory Provisions. - To ensure the continued implementation of
10 programs to promote e-commerce, the current E-commerce Division shall continue to
11 exercise its functions until such time that the organizational structure and personnel
12 of the Bureau have been determined and approved.
13 All affected officers and personnel of the E-commerce Division shall be
14 absorbed by the Bureau without demotion in rank or diminution of salaries, benefits,
15 and other privileges.
16 Sec. 30. Appropriations. - The amount of Fifty Million Pesos (Php 50,000,000.00)
17 for the initial operation of the Bureau is hereby appropriated out of funds in the
18 National Treasury not otherwise appropriated. Thereafter, such sum as may be
19 necessary for the continued implementation of this Act shall be included in the annual
20 General Appropriations Act.
21 Sec. 31. Separability Clause. - Should any provision or part of this Act be
22 declared unconstitutional or invalid, the other provisions and parts hereof, insofar as
23 they are separable from the invalid ones, shall remain in full force and effect.
24 Sec. 32. Repealing Clause. - All laws, decrees, executive orders, rules and
25 regulations, issuances, or parts thereof inconsistent with the provisions of this Act are
26 hereby repealed, amended, or modified accordingly.
27 Sec. 33. Ejfectivity Clause. - This Act shall take effect fifteen (15) days after its
28 complete publication either in the Official Gazette or in at least two (2) newspapers of
29 general circulation.
Approved,
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