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A brief review: What is "Law" according in the Philippine Legal System?

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A brief review: What is "Law" according in the Philippine Legal System?

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Law is is defined as a rule of conduct. These rules of conduct are just and obligatory. They are promulgated by legitimate authority (typically by the Legislature). They are of common observance and benefit.

Reference:

Civil Law Reviewer by Desiderio P. Jurado

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What are some fitness activities that can promote a healthful lifestyle?

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What are some fitness activities that can promote a healthful lifestyle?

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There are many physical activities that can help in promoting a healthful lifestyle. One is fitness walking which could be classified as power walking, treadmill walking and race walking.

Yoga, running and strength training are also fitness activities that are getting popular these days among adults and especially in big towns and cities.

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Thank you for the opportunity to visit our Padlet. This padlet serves as a summary of the topics in the Second Quarter in Music, Arts, Physical Education and Health for Grade 10 students and teachers. We provided current, relevant and accurate information and in a Question and Answer Format. This padlet included the concepts that go with each lessons. Interesting and relevant examples, illustrations and written outline are included in this Padlet. You may think as a reader  that some topics are too short and some are too long, because that is the whole summary of what are included in those topics. We gave the most appropriate summary rather than short but meaningless summary. Some of the content/topics have links to watch or read about a certain topic to further explain/understand  what is the full definition/example about in that specific topic.

With this carefully-designed combination of concepts in this Padlet, we as a group are optimistic that you will make good use of this Padlet such as using it for research or as a reviewer for the examinations. Thank you and Stay Safe during this unlikely time!

- Group 1 of 10 - Zinc (2020-2021)

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Responsible Parenthood and Reproductive Health Act of 2012 (Republic Act 10354)

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Responsible Parenthood and Reproductive Health Act of 2012 (Republic Act 10354)

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It is a law in the Philippines which guarantees universal access to methods of contraceptives, fertility control, sexual education and maternal care. Also it promotes and protects sexual awareness, gender equality, gender equity, women empowerment and dignity not only as a part of Human Rights but also a Health Concern

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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(The Responsible Parenthood and Reproductive Health Act of 2012)
WHEREAS, Having taken effect on January 17, 2013 in large part due to the strong advocacy of stakeholders and the commitment of Government, Republic Act No. 10354 or "The Responsible Parenthood and Reproductive Health Act of 2012" (RPRH Act) has become the focal point for convergence of multi-sectoral efforts toward the improvement of health outcomes;

WHEREAS, Partnership with local governments as lead implementers of basic health services is central to the success of the RPRH Act, hence the active participation in the process of implementing rules and regulations (IRR) drafting and commitment to implementation thereof by the League of Provinces of the Philippines; the League of Cities of the Philippines; and the League of Municipalities of the Philippines;

WHEREAS, Delivery of responsible parenthood and reproductive health services and information is at the core of implementation of the mandate given by the RPRH Act, hence the active participation in IRR drafting and commitment to implementation thereof by Civil Society Organizations (CSOs) such as Likhaan Center for Women's Health; Reproductive Health, Rights, and Ethics Center for Studies and Training; Women's Health Care Foundation; Philippine Medical Association; Philippine Obstetrical and Gynecological Society; Alliance of Young Nurse Leaders and Advocates International; and Bishops-Businessmen's Conference for Human Development in collaboration with national government agencies such as the Department of Health, Department of Education, Department of Social Welfare and Development; Department of the Interior and Local Government; National Economic and Development Authority; Philippine Health Insurance Corporation; and the Philippine Commission on Women;

WHEREAS, Pursuant to Section 26 of the RPRH Act, the Drafting Committee was convened on January 22, 2013 and completed its work on March 15, 2013;

NOW, THEREFORE, the following rules and regulations are hereby promulgated as the Implementing Rules and Regulations of Republic Act No. 10354:
CHAPTER 1 - General Provisions RULE 1 - Preliminary Provisions
Section 1.01 Title. These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No. 10354, otherwise known as "The Responsible Parenthood and Reproductive Health Act of 2012" or the RPRH Act.

Section 1.02 Purpose. These Rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of the RPRH Act in order to facilitate compliance therewith and to achieve the objectives thereof.

Section 1.03 Interpretation Clause. These Rules shall be liberally construed to ensure the provision, delivery and access to reproductive health care services, and to promote, protect and fulfill women's reproductive health and rights.

Section 1.04 Declaration of Policy. The State recognizes and guarantees the human rights of all persons including their right to equality and nondiscrimination of these rights, the right to sustainable human development, the right to health which includes reproductive health, the right to education and information, and the right to choose and make decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood.

Pursuant to the declaration of State policies under Section 12, Article II of the 1987 Philippine Constitution, it is the duty of the State to protect and strengthen the family as a basic autonomous social institution and equally protect the life of the mother and the life of the unborn from conception. The State shall protect and promote the right to health of women especially mothers in particular and of the people in general and instill health consciousness among them. The family is the natural and fundamental unit of society. The State shall likewise protect and advance the right of families in particular and the people in general to a balanced and healthful environment in accord with the rhythm and harmony of nature. The State also recognizes and guarantees the promotion and equal protection of the welfare and rights of children, the youth, and the unborn.

Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity, women empowerment and dignity as a health and human rights concern and as a social responsibility. The advancement and protection of women's human rights shall be central to the efforts of the State to address reproductive health care.

The State recognizes marriage as an inviolable social institution and the foundation of the family, which in turn is the foundation of the nation. Pursuant thereto, the State shall defend:

a) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

b) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;

c) The right of the family to a family living wage and income; and

d) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

The State likewise guarantees universal access to medically-safe, non-abortifacient, effective, legal, affordable, and quality reproductive health care services, methods, devices, supplies which do not prevent the implantation of a fertilized ovum as determined by the Food and Drug Administration (FDA) and relevant information and education thereon according to the priority needs of women, children and other underprivileged sectors, giving preferential access to those identified through the National Household Targeting System for Poverty Reduction (NHTS-PR) and other government measures of identifying marginalization, who shall be voluntary beneficiaries of reproductive health care, services and supplies for free.

The State shall eradicate discriminatory practices, laws and policies that infringe on a person's exercise of reproductive health rights.

The State shall also promote openness to life; Provided, That parents bring forth to the world only those children whom they can raise in a truly humane way.
RULE 2 - Guiding Principles for Implementation
Section 2.01 These Rules declare the following as guiding principles:

a) The right to make free and informed decisions, which is central to the exercise of any right, shall not be subjected to any form of coercion and must be fully guaranteed by the State, like the right itself;

b) Respect for protection and fulfillment of reproductive health and rights which seek to promote the rights and welfare of every person particularly couples, adult individuals, women and adolescents;

c) The right of unmarried individuals, who are capacitated to marry, to found a family in accordance with their religious convictions and the demands of responsible parenthood;

d) Informed choice and voluntarism shall be promoted by all public and private health care providers rendering reproductive health care. Clients shall not be denied any right or benefit (including the right to avail of any program of general welfare or health care) as a consequence of any decision regarding reproductive health care; neither shall they be coerced nor induced to avail of any particular service or health product;

e) The provision of reproductive health care shall not discriminate between married or unmarried individuals, for all individuals regardless of their civil status have reproductive health concerns;

f) Since human resource is among the principal assets of the country, effective and quality reproductive health care services must be given primacy to ensure maternal and child health, the health of the unborn, safe delivery and birth of healthy children, and sound replacement rate, in line with the State's duty to promote the right to health, responsible parenthood, social justice and full human development;

g) The provision of ethical and medically safe, legal, accessible, affordable, non-abortifacient, effective and quality reproductive health care services and supplies is essential in the promotion of people's right to health, especially those of women, the poor, and the marginalized, and shall be incorporated as a component of basic health care;

h) The State shall promote and provide information and access, without bias, to all modern methods of family planning, whether natural or artificial, which have been proven medically safe, legal, non-abortifacient, and effective in accordance with scientific and evidence-based medical research standards such as those registered and approved by the FDA for the poor and marginalized as identified through the NHTS-PR and other government measures of identifying marginalization: Provided, That the State shall also provide funding support to promote all modern natural methods of family planning, especially the Billings Ovulation Method, consistent with the needs of acceptors and their religious convictions;

i) The State shall promote programs that (1) enable individuals and couples to have the number of children they desire with due consideration to the health, particularly of women, and the resources available and affordable to them and in accordance with existing laws, public morals and their religious convictions: Provided, That no one shall be deprived, for economic reasons, of the rights to have children; (2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership among national government, local government units (LGUs) and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs to enhance the quality of life and environmental protection; (4) conduct studies to analyze demographic trends including demographic dividends from sound population policies towards sustainable human development in keeping with the principles of gender equality, protection of mothers and children, born and unborn and the promotion and protection of women's reproductive rights and health; and (5) conduct scientific studies to determine the safety and efficacy of alternative medicines and methods for reproductive health care development;

j) The provision of reproductive health care, information and supplies giving priority to poor beneficiaries as identified through the NHTS-PR and other government measures of identifying marginalization must be the primary responsibility of the national government in collaboration with the LGUs consistent with its obligation to respect, protect and promote the right to health and the right to life;

k) While the provision states that reproductive health supplies and health products for the poor shall be the primary responsibility of the national government, LGUs shall endeavor to provide information, services and supplies to poor and non-poor families;

l) The State shall respect individuals' preferences and choice of family planning methods that are in accordance with their religious convictions and cultural beliefs, taking into consideration the State's obligations under various human rights instruments;

m) Active participation by nongovernment organizations (NGOs), women's and people's organizations, civil society, faith-based organizations, the religious sector, private sector, and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of women, the poor, and the marginalized;

n) While these Rules recognize that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortive complications and all other complications arising from pregnancy, labor and delivery and related issues shall be treated and counseled in a humane, nonjudgmental and compassionate manner in accordance with law and medical ethics;

o) Each family shall have the right to determine its ideal family size: Provided, however, That the State shall equip each parent with the necessary information on all aspects of family life, including reproductive health and responsible parenthood, in order to make that determination;

p) There shall be no demographic or population targets and the mitigation, promotion and/or stabilization of the population growth rate is incidental to the advancement of reproductive health;

q) Gender equality and women empowerment are central elements of reproductive health and population and development;

r) The resources of the country must be made to serve the entire population, especially the poor, and allocations thereof must be adequate and effective: Provided, That the life of the unborn is protected;

s) Development is a multi-faceted process that calls for the harmonization and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; and

t) That a comprehensive reproductive health program addresses the needs of people throughout their life cycle.
RULE 3 - Definition of Terms
Section 3.01 For purposes of these Rules, the terms shall be defined as follows:

a) Abortifacient refers to any drug or device that primarily induces abortion or the destruction of a fetus inside the mother's womb or the prevention of the fertilized ovum to reach and be implanted in the mother's womb upon determination of the Food and Drug Administration (FDA).

b) Accredited public health facilities refer to public health facilities that are of sufficient capability and competence to deliver quality health services, without prejudice to accreditation as may be carried out by the Philippine Health Insurance Corporation (PHIC).

c) Adolescent refers to young people between the ages of ten (10) to nineteen (19) years who are in transition from childhood to adulthood.

d) Basic Emergency Obstetric and Newborn Care (BEmONC) refers to lifesaving services for emergency maternal and newborn conditions/complications being provided by a health facility or professional to include the following services: administration of parenteral oxytocic drugs, administration of loading dose of parenteral anticonvulsants, administration of parenteral antibiotics, antenatal administration of steroids in threatened premature delivery, performance of assisted vaginal deliveries, removal of retained placental products, and manual removal of retained placenta. It also includes neonatal interventions which include at the minimum: newborn resuscitation, provision of warmth, and referral, blood transfusion where possible. These services must be made available twenty-four hours a day, seven days a week in a single facility or in a network of facilities.

e) Basic Sectors refer to the disadvantaged sectors of Philippine society, namely: farmer-peasant, artisanal fisherfolk, workers in the formal sector and migrant workers, workers in the informal sector, indigenous peoples and cultural communities, women, differently-abled persons, senior citizens, victims of calamities and disaster, youth and students, children, and urban poor.

f) Civil Society Organizations (CSOs) refer to nongovernment organizations (NGOs), People's Organizations (POs), cooperatives, trade unions, professional associations, faith-based organizations, media groups, indigenous peoples movements, foundations, and other citizen's groups which are non-profit and formed primarily for social and economic development to plan and monitor government programs and projects, engage in policy discussions, and actively participate in collaborative activities with the government.

g) Client refers to the patient or beneficiary of reproductive health care.

h) Comprehensive Emergency Obstetric and Newborn Care (CEmONC) refers to lifesaving services for emergency maternal and newborn conditions/complications as in Basic Emergency Obstetric and Newborn Care plus the provision of surgical delivery (caesarian section) and blood bank services, and other highly specialized obstetric interventions. It also includes emergency neonatal care that includes at the minimum: newborn resuscitation, treatment of neonatal sepsis infection, oxygen support, and antenatal administration of steroids in threatened premature delivery. These services may be delivered in a single facility or in a network of facilities.

i) Conscientious objector refers to a practicing skilled health professional who refuses to provide legal and medically safe reproductive health care within the scope of his or her professional competence, on the grounds that doing so is against his or her ethical or religious convictions.

j) Contraceptive refers to any safe, legal, effective, and scientifically proven modern family planning method, device, or health product, whether natural or artificial, that prevents pregnancy but does not primarily destroy a fertilized ovum or prevent a fertilized ovum from being implanted in the mother's womb in doses of its approved indication as determined by the Food and Drug Administration (FDA).

k) Emergency refers to a condition or state of a patient wherein based on the objective findings of a prudent medical officer on duty for the day there is immediate danger and where delay in initial support and treatment may cause loss of life or cause permanent disability to the patient.

l) Emergency Contraceptive Pills, also known as Postcoital Pills refers to methods of contraception that can be used to prevent pregnancy in the first few days after intercourse intended for emergency use following unprotected intercourse, contraceptive failure or misuse, rape or coerced sex. These are effective only in the first few days following intercourse, before the ovum is released from the ovary and before the sperm fertilizes the ovum; furthermore, these cannot interrupt an established pregnancy or harm a developing embryo.

m) Family Planning (FP) refers to a program which enables couples and individuals to decide freely and responsibly the number and spacing of their children and to have the information and means to do so, and to have access to a full range of safe, affordable, effective, non-abortifacient modern natural and artificial methods of planning pregnancy.

n) Fetal and infant death review refers to a qualitative and in-depth study of the causes of fetal and infant death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies.

o) Fetal death refers to the death of a fetus prior to the complete expulsion or extraction from the womb, irrespective of the duration of pregnancy, indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

p) Formal education refers to the systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of schooling. At the end of each level, the learner needs a certification in order to enter or advance to the next level.

q) Gender equality refers to the principle of equality between women and men and equal rights to enjoy conditions in realizing their full human potentials to contribute to, and benefit from, the results of development, with the State recognizing that all human beings are free and equal in dignity and rights. It entails equality in opportunities, in the allocation of resources or benefits, or in access to services in furtherance of the rights to health and sustainable human development among others, without discrimination.

r) Gender equity refers to the policies, instruments, programs and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action. It entails fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities. This concept recognizes that while reproductive health involves women and men, it is more critical for women's health.

s) Geographically Isolated and Depressed Area (GIDA) refers to communities with marginalized population physically and socio-economically separated from the mainstream society such as island municipalities, upland communities, hard-to-reach areas, and conflict-affected areas.

t) Health care provider refers to:

1. A health care institution, which is duly licensed by the Department of Health (DOH) devoted primarily to the maintenance and operation of facilities for health promotion, prevention, diagnosis, treatment, and care of individuals suffering from illness, disease, injury, disability, or deformity, or in need of obstetrical or other medical and nursing care. It shall also be construed as any institution, building, or place where there are installed beds, cribs, or bassinets for twenty-four hour use or longer by patients in the treatment of diseases, injuries, deformities, or abnormal physical and mental states, maternity cases or sanitarial care; or infirmaries, nurseries, dispensaries, and such other similar names by which they may be designated; or

2. A skilled health professional, as defined in these Rules; or

3. A health maintenance organization, which is an entity that provides, offers, or arranges for coverage of designated health services needed by plan members for a fixed prepaid premium; or

4. A community-based health care organization, which is an association of indigenous member of the community organized for the purpose of improving the health status of that community through preventive, promotive and curative health services.

u) Infant mortality refers to the death of a child before his or her first birthday.

v) Informal education refers to a lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself.

w) Informed choice and voluntarism means effective access to information that allows individuals to freely make their own decision, upon the exercise of free choice and not obtained by any special inducements or forms of coercion or misinterpretation, based on accurate and complete information on a broad range of reproductive health services.

x) Interpersonal communication and counseling (IPCC) refers to a face-to-face, verbal and non-verbal exchange of information. Effective IPCC between health care provider and client is one of the most important elements for improving client satisfaction, compliance and health outcomes.

y) Life-saving drugs are drugs such as oxytocin, magnesium sulfate, antenatal steroids, and antibiotics, among other medicines used to prevent and manage pregnancy-related complications.

z) Male responsibility refers to the involvement, commitment, accountability and responsibility of males in all areas of sexual health and reproductive health, as well as the care of reproductive health concerns specific to men.

aa) Management of abortion complications refers to an initial assessment confirming the presence of complications, medical evaluations, counseling of the patient regarding medical condition and treatment plan, prompt referral and transfer if the patient requires treatment beyond the capability of the facility, stabilization of emergency conditions and treatment of any complications (both complications present before treatment and complications that occur during or after the treatment procedure), conduct of appropriate procedures, health education, and counseling on family planning, responsible parenthood, and prevention of future abortions, among others.

bb) Marginalized refers to the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure, and the justice system.

cc) Maternal death refers to the death of a woman while pregnant or within forty two (42) days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes.

dd) Maternal death review refers to a qualitative and in-depth study of the medical and social causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies.

ee) Maternal health refers to the health of a woman of reproductive age including, but not limited to, during pregnancy, childbirth and the postpartum period.

ff) Maternal health services refer to a range of services that covers care during the periods that include, but are not limited to, antenatal, delivery, and postpartum periods.

gg) Miscarriage means any loss of pregnancy.

hh) Modern methods of Family Planning (MFP) refer to safe, effective, non-abortifacient and legal methods or health products, whether natural or artificial, that are registered with the Food and Drug Administration (as applicable) to plan pregnancy. Modern natural methods include Billings Ovulation or Cervical Mucus Method, Basal Body Temperature, Symptothermal Method, Standard Days Method, Lactational Amenorrhea Method, and any other method deemed to be safe, effective, and natural by the Department of Health (DOH). Modern artificial methods and/or health products include oral contraceptive pills, condoms, injectables, intrauterine devices (IUDs), No Scalpel Vasectomy (NSV), Bilateral Tubal Ligation (BTL), sub-dermal implants, and any other method deemed to be safe, and effective by the DOH.

ii) National Household Targeting System for Poverty Reduction (NHTS-PR) refers to an information management system that identifies who and where the poor are, with its implementation being spearheaded by the Department of Social Welfare and Development (DSWD).

jj) Natural Family Planning (NFP) refers to a variety of modern methods used to plan or prevent pregnancy based on identifying the woman's fertility cycle.

kk) Natural Family Planning (NFP) Provider refers to a person (skilled health professional or otherwise) trained to explain NFP and to coach/supervise NFP acceptors and users. The NFP provider should have successfully used the method herself/himself and should have had experience in supervising NFP acceptors and users.

ll) No balance billing (NBB) refers to a policy wherein no other out-of-pocket fees or expenses shall be charged to or paid by a PhilHealth-eligible individual/patient above and beyond prescribed PhilHealth benefit package rates.

mm) Persons with Disabilities (PWDs) refers to those who are suffering from restriction or different abilities, as a result of a mental, physical, or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being as defined in Republic Act (RA) No. 7277 as amended by RA 9442, otherwise known as the "Magna Carta for Disabled Persons".

nn) Poor refers to members of households identified as poor through the NHTS-PR by the Department of Social Welfare and Development (DSWD) or any subsequent system used by the national government in identifying the poor.

oo) Private Sector refers to the key actor in the realm of the economy where the central social concern and process are the mutually beneficial production and distribution of goods and services to meet the physical needs of human beings. The private sector comprises private corporations, households, and non-profit institutions serving households.

pp) Proscription of abortion refers to the prohibition of the crime of abortion as defined in Articles 256, 257, 258 and 259 of the Revised Penal Code.

qq) Public health care service provider refers to: (1) public health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, disease prevention, diagnosis, treatment and care of individuals suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other medical and nursing care; (2) public health care professional, who is a doctor of medicine, a nurse or a midwife; (3) public health worker engaged in the delivery of health care services; or (4) barangay health worker who has undergone training programs under any accredited government and NGO and who voluntarily renders primarily health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the Department of Health (DOH).

rr) Reproductive Health (RH) refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a responsible, safe, consensual and satisfying sex life, that they have the capability to reproduce and the freedom to decide if, when, and how often to do so. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction.

ss) Reproductive health care refers to the access to a full range of methods, facilities, services and supplies that contribute to reproductive health and well-being by addressing reproductive health-related problems. It also includes sexual health, the purpose of which is the enhancement of life and personal relations. The elements of reproductive health care include the following:

1. Family planning information and services which shall include as a first priority making women of reproductive age fully aware of their respective cycles to make them aware of when fertilization is highly probable, as well as highly improbable. The provision of information on fertility cycles includes information on the full range of modern family planning methods;

2. Maternal, infant and child health and nutrition, including breastfeeding;

3. Proscription of abortion, and management of abortion complications;

4. Adolescent and youth reproductive health guidance and counseling at the point of care;

5. Prevention, treatment and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs);

6. Elimination of violence against women and children and other forms of sexual and gender-based violence;

7. Age- and development-appropriate education and counseling on sexuality and reproductive health;

8. Treatment of breast and reproductive tract cancers and other gynecological conditions and disorders;

9. Male responsibility and involvement and men's reproductive health;

10. Prevention, treatment and management of infertility and sexual dysfunction;

11. Age- and development- appropriate reproductive health education for adolescents in formal and non-formal educational settings; and

12. Mental health aspect of reproductive health care.

tt) Reproductive health care program refers to the systematic and integrated provision of reproductive health care to all citizens prioritizing women, the poor, marginalized and those in vulnerable or crisis situations.

uu) Reproductive health and sexuality education refers to a lifelong learning process of providing and acquiring complete, accurate and relevant age- and development-appropriate information and education on reproductive health and sexuality through life skills education and other approaches.

vv) Reproductive health rights refers to the rights of individuals and couples, to decide freely and responsibly whether or not to have children; the number, spacing and timing of their children; to make other decisions concerning reproduction, free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual health and reproductive health: Provided, however, That reproductive health rights do not include abortion, and access to abortifacients.

ww) Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STIs), and other types of infections affecting the reproductive system.

xx) Responsible parenthood (RP) refers to the will and ability of a parent to respond to the needs and aspirations of the family and children. It is likewise a shared responsibility between parents to determine and achieve the desired number of children, spacing and timing of their children according to their own family life aspirations, taking into account psychological preparedness, health status, sociocultural and economic concerns consistent with their religious convictions.

yy) Serious case refers to a condition of a patient characterized by gravity or danger wherein based on the objective findings of a prudent medical officer on duty for the day when left unattended to, may cause loss of life or cause permanent disability to the patient.

zz) Service delivery network (SDN) refers to the network of health facilities and providers within the province- or city-wide health systems, offering a core package of health care services in an integrated and coordinated manner. This is similar to the local health referral system as identified in the Local Government Code.

aaa) Sexual health refers to a state of physical, mental and social well-being in relation to sexuality. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free from coercion, discrimination and violence.

bbb) Sexually Transmitted Infection (STI) refers to any infection that may be acquired or passed on through sexual contact. This type of infection may also be transmitted through the use of IV (sharing of intravenous drug needles, contaminated blood transfusions, among others), or vertically during childbirth and breastfeeding.

ccc) Skilled birth attendance refers to childbirth managed by a skilled health professional including the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral facilities for emergency obstetric care.

ddd) Skilled health professional refers to a midwife, doctor, or nurse who has been educated and trained in the skills needed to manage normal and complicated pregnancies, childbirth and the immediate postnatal period, and in the identification, management, and referral of complications in women and newborns.

eee) Social and Behavioral Change Communication (SBCC) refers to an approach that looks at the role of communication in bringing about social change, including individual behaviors and social norms. SBCC utilizes a strategic mix of communication interventions using audience-appropriate interpersonal and mass media communication channels to engage individuals, families and communities to promote, stimulate, and sustain behavior change.

fff) Stabilize refers to the provision of necessary care until such time that the patient may be discharged or transferred to another hospital or clinic with a reasonable probability that no physical deterioration would result from or occur during such discharge or transfer.

ggg) Sustainable human development refers to bringing people, particularly the poor and vulnerable, to the center of development process, the central purpose of which is the creation of an enabling environment in which all can enjoy long, healthy and productive lives, done in the manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends.

hhh) Unmet need for modern family planning refers to the number of women who are fecund and sexually active but are not using any modern method of contraception, and report not wanting any more children or wanting to delay the birth of their next child.

iii) Violence Against Women (VAW) or Gender-Based Violence (GBV) refers to all forms of violence inflicted on women on account of their gender. In the broadest sense, it is a violation of a woman's personhood, mental or physical integrity or freedom of movement. More specifically, it refers to any act of gender-based violence that results, or is likely to result, in physical, sexual, or psychological harm or suffering to women including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life.

jjj) Vulnerable refers to households confronted by prospective risk that if currently non-poor, will fall below the poverty line, or if currently poor, will remain in poverty. It is also defined in terms of exposure to adverse shocks to welfare and not just in terms of exposure to poverty.

kkk) Women And Children Protection Unit (WCPU) refers toa unit composed of multi-disciplinary team of trained physicians, social workers, mental health professionals, and police providing comprehensive medical and psychological services to women and children who are victims of violence.
CHAPTER 2 - Provision and Financing of Care RULE 4 - Service Delivery Standards
Section 4.01 Service Delivery Standards. This Rule shall describe the provision of information and services related to responsible parenthood and reproductive health. Existing DOH guidelines and program standards shall be reviewed and updated to be consistent with the RPRH Act and these Rules shall continue to be in effect.

Section 4.02 LGUs to Ensure Provision of Responsible Parenthood and Reproductive Health Care Services. The LGUs, with assistance from the DOH, shall ensure the provision, at the appropriate level of care, of the full range of responsible parenthood and reproductive health care services, according to the definitions in Sections 3.01 (xx) and 3.01 (ss), respectively.

Section 4.03 Availability of Information and Services in General. All public health facilities shall provide full, age- and development-appropriate information on responsible parenthood and reproductive health care to all clients, regardless of age, sex, disability, marital status, or background.

Within six (6) months from the effectivity of these Rules, the DOH shall review existing and/or develop introductory materials (e.g., primers and/or pamphlets, health use plans, key messages for Community Health Teams, among others) on responsible parenthood and reproductive health care. These introductory materials shall be made available in major local languages, including but not limited to Tagalog, Cebuano, Ilokano, Hiligaynon, Bikol, and Waray. Furthermore, these introductory materials shall include scientifically correct, evidence-based and comprehensible information on mechanisms of action and benefits, including effectiveness, contraindications, possible side effects, correct usage, availability at health care facilities and providers, and other information as determined necessary by the DOH. The DOH shall ensure that all public facilities have copies of these introductory materials freely available to all clients seeking information for reproductive health.

Section 4.04 Informed Choice and Voluntarism. To ensure adherence to the principles of the RPRH Act and the delivery of quality reproductive health care services to voluntary recipients, the applicable provisions of DOH guidelines on Informed Choice and Voluntarism shall form part of these Rules.

Section 4.05 Access to Family Planning. All accredited public health facilities shall provide a full range of modern family planning methods, which shall also include medical consultations, supplies and necessary and reasonable procedures for poor and marginalized couples having infertility issues who desire to have children.

The LGUs, with assistance of the DOH, shall ensure that all public health facilities within the Service Delivery Network shall provide full, age-, capacity-, and development-appropriate information and services on all methods of modern family planning to all clients, regardless of age, sex, gender, disability, marital status, or background.

These services include, but are not limited to the following:

1. Fertility awareness and family planning information and education;

2. Interpersonal communication and counseling (IPCC) services to the client to allow him or her to make a free and informed choice regarding his or her intention/plan;

3. Provision of modern family planning methods which shall include dispensing of medically safe, legal, and non-abortifacient health products and procedures, among others;

4. Infertility services;

5. Referral services where necessary; and

6. Other family planning information and services as deemed relevant by the DOH.

Section 4.06 Access to Family Planning Information and Services.No person shall be denied information and access to family planning services, whether natural or artificial: Provided, That minors will not be allowed access to modern methods of family planning without written consent from their parents or guardian/s except when the minor is already a parent or has had a miscarriage.

a) The minor presents written consent from a parent or guardian; or

b) The minor has had a previous pregnancy or is already a parent as proven by any one of the following circumstances, among others:

1. Written documentation from a skilled health professional;

2. Documentation through ancillary examinations such as ultrasound;

3. Written manifestation from a guardian, local social welfare and development officer, local government official or local health volunteer; or

4. Accompanied personally by a parent, grandparent, or guardian.

Provided further, That consent shall not be required in the case of abused or exploited minors, where the parent or the person exercising parental authority is the respondent, accused, or convicted perpetrator as certified by the proper prosecutorial office or the court.

Provided further, That in the absence of any parent or legal guardian, written consent shall be obtained only for elective surgical procedures from the grandparents, and in their default, the oldest brother or sister who is at least 18 years of age or the relative who has the actual custody of the child, or authorized representatives of children's homes, orphanages, and similar institutions duly accredited by the proper government agency, among others. In no case shall consent be required in emergency or serious cases as defined in RA 8344.

Provided finally, That in case a minor satisfies any of the above conditions but is still refused access to information and/or services, the minor may direct complaints to the designated Reproductive Health Officer (RHO) of the facility. Complaints shall be acted upon immediately.

Section 4.08 Care for Victim-Survivors of Gender-Based Violence. Within sixty (60) days from the effectivity of these Rules, the DOH, in coordination with the DSWD, shall review and implement guidelines and standards for the care of victim-survivors of gender-based violence.

Section 4.09 Sexual and Reproductive Health Programs for Persons with Disabilities (PWDs). The cities and municipalities shall ensure that barriers to reproductive health services for PWDs are obliterated by the following:

a) Providing physical access, and resolving transportation and proximity issues to clinics, hospitals and places where public health education is provided, contraceptives are sold or distributed or other places where reproductive health services are provided, pursuant to the standards set forth in Implementing Rules and Regulations of Batas Pambansa (BP) No. 344;

b) Adapting examination tables and other laboratory procedures to the needs and conditions of PWDs;

c) Increasing access to information and communication materials on sexual and reproductive health in braille, large print, simple language, sign language and pictures;

d) Providing continuing education and inclusion of rights of PWDs among health care providers; and

e) Undertaking activities to raise awareness and address misconceptions among the general public on the stigma and their lack of knowledge on the sexual and reproductive health needs and rights of PWDs.

a) Identify or validate priority reproductive health needs of the population;

b) Determine and document the inventory of available resources and capacities (budget, infrastructure, and trained personnel) for reproductive health care products and services from the central, regional, and local level, coming from the LGU, DOH, development partners, and private sector providers;

c) Match/assign available resources and capacities for reproductive health care to the requirements of the beneficiary population for health products and services with the use of a geographic information system or other digital mapping solutions;

d) Determine health product and service gaps, if any, and propose solutions by which these gaps can be filled;

e) Specify mechanisms for the delivery of reproductive health care services to individuals, couples, and families at the points of use, given local conditions and preferences, in consideration of both estimated unmet need and current use; and

f) Coordinate the timeline of activities to meet specific targets for the reduction of unmet need and maintenance of current use, with timelines at the regional and national levels.

Section 4.12 Policies on Administration of Life-Saving Drugs. Properly trained and certified midwives and nurses shall be allowed to administer intravenous fluids, oxytocin, magnesium sulfate, or other life-saving drugs in emergency situations and when there are no physicians available. The certification shall be issued by DOH-recognized training centers upon satisfactory completion of a training course. The curriculum for this training course shall be developed by the DOH in consultation with the relevant societies of skilled health professionals.

Within sixty (60) days from effectivity of these Rules, the DOH shall develop guidelines for the implementation of this provision. The guidelines shall include provisions for immediate referral and transport of the patient upon administration of these life-saving drugs.

Section 4.13 Certification for LGU-Based Midwives and Nurses for the Administration of Life-Saving Drugs. The LGUs, in coordination with the DOH, shall endeavor that all midwives and nurses assigned to public primary health care facilities such as Rural Health Units (RHUs) be given training and certification by a DOH-recognized training center to administer life-saving drugs within one (1) year from the effectivity of these Rules.

Section 4.14 Integrating Reproductive Health Care into the Health Professional Curriculum. The DOH, in collaboration with the Commission on Higher Education (CHED), the Professional Regulation Commission (PRC), and various specialties of skilled health professionals, shall integrate reproductive health care, including among others, basic emergency obstetric and newborn care (BEmONC) competencies into pre-service training curricula for medicine, nursing, and midwifery within one (1) year from the effectivity of these Rules.

SECTION 4.15 Maternal and Newborn Health Care in Crisis Situations. The LGUs and the DOH shall ensure that a minimum initial service package for reproductive health, including maternal and neonatal health care kits and services as defined by the DOH, shall be given proper attention in crisis situations such as disasters and humanitarian crises. The minimum initial service package shall become part of the DOH response to crises and emergencies.

Temporary facilities such as evacuation centers and refugee camps shall be equipped to respond to the special needs of the following situations: normal and complicated deliveries, pregnancy complications, spread of HIV and STIs, and gender-based violence.
RULE 5 - Service Delivery Network
Section 5.01 This Rule shall provide for standards related to health facilities in the context of a Service Delivery Network (SDN) as defined in Section 3.01 (zz).

Section 5.02 Service Delivery Network for Reproductive Health Care. The DOH, through the Centers for Health Development (CHDs) and in coordination with the LGUs, shall integrate responsible parenthood and reproductive health care services, which shall include, among others, the provision of a full range of family planning services, maternal health care, and emergency obstetric and neonatal care, into established Service Delivery Networks (SDNs) or local health referral systems. Defining the SDN shall not be restricted within geographic or political boundaries of LGUs. Collaboration across LGUs shall be considered.

The SDN shall be a network of facilities ranging from Barangay Health Stations (BHS), Rural Health Units (RHUs), district and/or city hospitals, to the provincial and/or DOH-retained hospitals. The DOH and/or the LGU may engage private health facilities or providers (including among others, natural family planning providers) to form part of the SDN. Each facility type shall have defined minimum reproductive health services that it shall provide. Support such as, but not limited to training, exchange fellowships, staff, budgetary support, supplies, and equipment, may be made available to health facilities so that they are able to deliver the essential reproductive health services.

Section 5.03 Reproductive Health Care Services at Barangay Health Stations. The Barangay Health Stations (BHSs) within the SDN shall provide services that include, but are not limited to the following:

a) Appropriate information (such as importance and benefits, among others) on the following:

1. Full range of modern family planning methods, both natural and artificial;

2. Skilled birth attendance;

3. Child nutrition, including breastfeeding;

4. Prenatal and postnatal care;

5. Adolescent health and reproductive/fertility awareness;

6. Male responsibility and reproductive health;

7. Responsible parenthood and values formation;

8. Maternal and newborn care; and

9. Health financing (e.g., PhilHealth maternal and newborn care packages).

b) Interpersonal communication and counseling (IPCC) as applicable;

c) Dispensing of health products by appropriately trained skilled health professionals for services that include, but are not limited to:

1. Condoms;

2. Natural family planning charts and digital thermometers;

3. Standard days method (SDM) beads;

4. Injectables and oral contraceptive pills; and

5. Immunization and micronutrient supplementation.

d) Resupply of condoms and oral contraceptive pills by volunteers, such as Barangay Health Workers (BHWs), Community Health Teams (CHTs), among others;

e) Referral to other facilities within the SDN, as applicable for services not included in the standards set in this provision, such as BTL, NSV, and high-risk pregnancies;

f) Recognition, recording, reporting and referral of GBV cases; and

g) Other reproductive health services as mandated by the DOH.

Provided, That all Barangay Health Stations shall provide all services enumerated in this section by the end of CY 2014.

The services and information prescribed by this section shall be the responsibility of midwives, CHTs, and other barangay volunteers, as appropriate following applicable DOH standards.

BHSs may provide additional services specified in the succeeding section on Other Primary Care Facilities as determined by the priority needs of its catchment.

a) IPCC on services that include but are not limited to:

a. Infertility and referral to appropriate health care provider;

b. Adolescent counseling;

c. Post-partum depression, post-traumatic stress disorder, and other reproductive mental health concerns;

b. Procedures for modern artificial family planning such as IUD insertion and removal, DMPA injection;

c) Procedures, materials, and counseling for natural family planning;

d) Integrated Management of Childhood Illness (IMCI);

e) Syndromic screening and treatment of RTIs and STIs;

f) Non-judgmental approach to recognizing, treating and referring post-abortion cases; and

g) Screening examinations such as visual inspection of the cervix using acetic acid wash (VIA), collection of Pap smear specimens, clinical breast exams, digital rectal examinations, among others.

Provided, That other primary care facilities shall also endeavor to provide, subject to the needs of the priority populations, the following services:

a) Facility-based delivery;

b) Prenatal and postnatal care;

c) Newborn care, including essential newborn care, collection of specimen for newborn screening, and referral to an appropriate facility for newborn hearing screening;

d) Procedures and/or referral for NSV, BTL, insertion of sub-dermal implants, among others;

e) Reproductive mental health services according to guidelines to be developed by the DOH; and

f) Other reproductive health care services as mandated by DOH.

Provided further, That all other primary care facilities shall provide all services enumerated in this section by the end of CY 2014.

In order to provide these services, the staffing complement of the primary care facility shall include skilled health professionals relevant to reproductive health care as defined in DOH guidelines to be developed within one hundred and twenty (120) days from the effectivity of these Rules. The LGUs may also involve other groups such as CSOs, among others, to provide related services.

To complement the support given by LGUs to primary care facilities within the SDN, the DOH may provide additional support such as the appropriate staff, equipment and health products needed in order to deliver the aforementioned services.

Private primary health care facilities within the SDN, such as, but not limited to, birthing homes, lying-in clinics, and infirmaries, shall provide basic emergency obstetric and neonatal care, and reproductive health care services in the context of their referral networks: Provided, That it shall be optional for primary care facilities owned and operated by a religious group to provide the full range of family planning methods.

The services and information prescribed by this section shall be the responsibility of the local health officer, public health nurse, or rural health midwife, as appropriate following applicable DOH standards.

Other primary care facilities may provide additional services specified in the succeeding section on Hospitals as determined by the priority needs of its catchment.

Section 5.05 Reproductive Health Care Services at Hospitals within the Service Delivery Network. In addition to the services provided by primary care facilities, hospitals within the SDN shall provide reproductive health services, such as but not limited to the following:

a) Long-acting and permanent methods of modern family planning such as IUD insertion, Bilateral Tubal Ligation (BTL), and no scalpel vasectomy (NSV), among others;

b) BEmONC services at Level 1 hospitals, Provided, That these hospitals shall provide CEmONC services by the end of CY 2015;

c) CEmONC services at Level 2 and Level 3 hospitals; and

d) Non-judgmental approach to recognition and management of post-abortion complications.

Provided, That hospitals shall also endeavor to provide, subject to the needs of the priority populations, the following services:

a) Diagnostics and management of RTIs and STIs, including HIV;

b) A WCPU to manage cases of gender-based violence;

c) Medical and surgical procedures for definitive management of breast and reproductive tract cancers, other gynecological conditions and disorders, and male reproductive health concerns, including provision of referral in complicated cases;

d) Basic diagnostics for infertility, such as but not limited to sperm count, ultrasound, with provision for referral to appropriate reproductive endocrinology/infertility treatment centers;

e) Specialist management of reproductive mental health conditions in accordance with DOH guidelines; and

f) Other reproductive health services as mandated by DOH.

Provided further, That all hospitals shall provide all services enumerated in this section by the end of CY 2015.

In order to provide these services, the staffing complement of the hospital shall include skilled health professionals relevant to reproductive health care as defined in DOH guidelines to be developed within one hundred and twenty (120) days from the effectivity of these Rules.

To complement the support given by LGUs to hospitals within the SDN, the DOH may provide additional assistance such as the appropriate staff, equipment and health products needed to augment LGU efforts to deliver the aforementioned services.

Provided, That private hospitals within the SDN shall provide emergency obstetric and neonatal care, and reproductive health care services in the context of their referral networks:

Provided further, That it shall be optional for private non-maternity specialty hospitals and hospitals owned and operated by a religious group to provide the full range of family planning methods.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop specific guidelines for the engagement of private health facilities and private skilled health professionals as members of the SDN.

Section 5.07 Family Planning Services at Establishments or Enterprises. Pursuant to Article 134 of the Implementing Rules and Regulations of the Labor Code, as amended, establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices.

Within ninety (90) days from the effectivity of these Rules, the DOH shall coordinate with the Department of Labor and Employment to review, develop, and/or prescribe incentive bonus schemes for establishments or enterprises to make family planning services available to female workers.

Section 5.08 Referral to Facilities within the Service Delivery Network. If the health facility within the SDN is unable to provide the reproductive health care service required by the client, the facility shall refer the client, within the same consultation hour, to another facility within the SDN that can deliver the required services. The referring facility shall include in its referral letter the requested services and reason for referral. The DOH, in coordination with the LGUs, shall review existing local health referral systems for compliance with this provision.

Each facility shall prepare a summary report of its referrals to other facilities and the reasons for referral, to be submitted quarterly to the DOH as part of monitoring and evaluation of the SDN. These reports shall provide a basis for identifying service delivery gaps and necessary support needed by facilities within the SDN.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop specific guidelines for the summary report of referrals.

Section 5.09 Mapping the Available Facilities in the Service Delivery Network. The DOH, through the CHDs, in coordination with LGUs, shall identify the health care facilities, both public and private, that are capable of delivering reproductive health care services. The mapping of the health facilities shall include the following information:

a) Facility license;

b) PhilHealth accreditation status;

c) Available reproductive health care services within the facility;

d) Range, schedule, and cost of services;

e) Bed capacity of the facility;

f) Case load and case mix;

g) Average travel time using the most common means of transportation from the areas of farthest residence of patients to the facility; and

h) Other factors as determined necessary by DOH.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop specific guidelines for the mapping of available facilities with reproductive health care services within the SDN.

Section 5.10 Identifying the Needs of Priority Populations within the Service Delivery Network. The DOH, through the CHDs, in coordination with LGUs, shall identify the needs of priority populations within the SDN for reproductive health care. The identification of needs for reproductive health care shall consider the following:

a) Number of women, men, and couples with needs for reproductive health care and the gaps in the provision of reproductive health care;

b) Poor as identified by NHTS-PR or other complementary government measures of marginalization;

c) Children in need of special protection and youth-at-risk as regards sexual abuse;

d) Means and accessibility of transport from population areas to health care facilities within the SDN;

e) Presence of GIDAs; and

f) Other factors as determined necessary by DOH.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop specific guidelines for the mapping of priority populations within the SDN.

a) Maximum travel time to designated facility using a typical mode of transportation per locality or LGU;

b) If there is no facility within the maximum travel time, the nearest and most conveniently accessible facility shall be designated for the population;

c) Accreditation by PhilHealth; and

d) Other criteria as determined by DOH.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop specific guidelines for designating priority populations to health care facilities within the SDN.

Section 5.12 Mobile Health Care Service. The national or the local government may provide each provincial, city, municipal, and district hospital with a Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to its terrain taking into consideration the health care needs of each LGU.

The MHCS shall be exclusively used in the delivery of health care goods and integrated services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations.

Section 5.13 Standards of Mobile Health Care Service providers. The DOH shall develop standards for MHCS providers. These standards shall define:

a) Services that shall be delivered through the MHCS. These may include, but are not limited to:

1. IPCC services on sexuality and reproductive health, family planning, safe motherhood, adolescent health and reproductive health, STIs, HIV/AIDS, breast and reproductive tract cancers, other gynecologic conditions, and gender-based violence;

2. Health education and information dissemination on responsible parenthood and reproductive health;

3. Preventive services on reproductive health which include cancer screening and detection (breast/cervical cancer);

4. Dispensing or distribution of family planning health products;

5. Family planning procedures, which may include IUD insertion, BTL using mini-laparotomy under local anesthesia, and NSV, among others; and

6. Other services as determined necessary by the DOH;

b) Staffing complement for the MHCS;

c) The training curriculum for MHCS service delivery; and

d) Other standards as determined by the DOH.

Within ninety (90) days from the effectivity of these Rules, the DOH shall develop, guidelines for the implementation of this provision including the licensing of MHCS.

a) There is a request from the LGU for assistance to acquire an MHCS based on a significant number of poor as determined by NHTS-PR or other government measures of marginalization, to have GIDAs and to have health facilities that are insufficient or inaccessible to a significant proportion of the population;

b) The MHCS shall be based in a hospital or primary care facility operated by the LGU;

c) The LGU provides, as counterpart, the staffing requirements, maintenance and other operating expenditures of the MHCS; and

d) Other criteria as determined necessary by DOH are met.

Within ninety (90) days from the effectivity of these Rules, the DOH shall develop guidelines for the implementation of this provision.

a) People in geographically isolated or highly populated and depressed areas shall have the same level of access and shall not be neglected by providing other means such as home visits or mobile health care clinics as needed; and

b) The National Government shall provide additional funding and other necessary assistance for the effective implementation of this provision.

Section 5.17 Identification of Facilities for Establishment or Upgrading in Support of Reproductive Health Care. Within sixty (60) days from the effectivity of these Rules, the DOH shall integrate and/or develop guidelines for the identification of health facilities for funding support. The guidelines shall consider the following:

a) Number of women with unmet need and/or gaps for reproductive health services;

b) Number of poor as identified by NHTS-PR or other government measures of marginalization;

c) GIDAs;

d) Projected demand for reproductive health care services;

e) Geographic and socio-economic distribution of the area;

f) Presence of other private providers that may be engaged for service delivery;

g) Current bed or service capacity of existing health facilities;

h) Purpose of the proposed establishment or upgrading to meet service delivery licensing and accreditation standards as prescribed by the DOH or PhilHealth;

i) Capacity of the LGU to provide, as counterpart, the human resources to meet the staffing requirement of the health facility; and

j) Other factors as deemed relevant by the DOH.

Section 5.18 Monitoring of Fund Utilization. The DOH shall conduct regular monitoring of the utilization of funds for facility establishment or upgrading. LGUs shall regularly submit monitoring reports of physical accomplishments that shall include objective and verifiable indicators of the progress of work including, but not limited to, photographs of the facilities being constructed and/or upgraded. Existing systems for monitoring and tracking shall be reviewed to implement this provision. Within sixty (60) days from the effectivity of these Rules, the DOH shall develop guidelines for the implementation of this provision.

Section 5.19 Support to LGUs for Engaging Local Technical Assistance. The DOH shall provide support to LGUs in accessing additional resources for the development of their health facilities, which includes but is not limited to infrastructure and equipment, through private sector partnerships, loans and grants from development partners, business sector engagements, and other similar means.

Section 5.20 Monitoring and Evaluation of the Service Delivery Network. Within ninety (90) days from the effectivity of these Rules, the DOH shall develop specific guidelines for monitoring and evaluating the effectiveness of the SDN. The assessment shall include, but is not limited to, factors such as:

a) Availability of quality services and health products;

b) Client awareness regarding responsible parenthood and reproductive health care;

c) Cultural preferences of priority populations;

d) Service utilization indicators;

e) Factors hindering utilization of services, such as lack of time, distance of facilities, or capacity of clients to pay;

f) Conduct of health providers; and

g) Other factors as deemed necessary by DOH.

Provided, That a baseline of the above factors shall be determined as part of monitoring and evaluation.

Section 5.21 Family planning services shall likewise be extended by private health facilities to paying patients with the option to grant free care and services to indigents, except in case of non-maternity specialty hospitals and hospitals operated by a religious group, but have the option to provide such full range of modern family planning methods; Provided further, That these hospitals shall immediately refer the person seeking such care and services to another health facility which is conveniently accessible; Provided finally, That the person is not in an emergency condition or serious case as defined in RA 8344.

Section 5.22 Exemption of Private Hospitals from Providing Family Planning Services. Private health facilities shall provide a full range of modern family planning methods to clients, unless the hospital is owned and operated by a religious group, or is classified as a non-maternity specialty hospital, as part of their annual licensing and accreditation requirements.

In order to receive exemption from providing the full range of modern family planning methods, the health care facility must comply with the following requirements:

a) Submission of proof of hospital ownership and management by a religious group or its status as a non-maternity specialty hospital;

b) Submission to the DOH of an affidavit stating the modern family planning methods that the facility refuses to provide and the reasons for its objection;

c) Posting of a notice at the entrance of the facility, in a prominent location and using a clear/legible layout and font, enumerating the reproductive health services the facility does not provide; and

d) Other requirements as determined by the DOH.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop guidelines for the implementation of this provision.

Section 5.23 Private Skilled Health Professional as a Conscientious Objector. In order to legally refuse to deliver reproductive health care services or information as a conscientious objector, a private skilled health professional shall comply with the following requirements:

a) Submission to the DOH of an affidavit stating the modern family planning methods that he or she refuses to provide and his or her reasons for objection;

b) Posting of a notice at the entrance of the clinic or place of practice, in a prominent location and using a clear/legible font, enumerating the reproductive health services he or she refuses to provide; and

c) Other requirements as determined by the DOH.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop guidelines for the implementation of this provision.

Section 5.24 Public Skilled Health Professional as a Conscientious Objector. In order to legally refuse to deliver reproductive health care services or information as a conscientious objector, a public skilled health professional shall comply with the following requirements:

a) The skilled health professional shall explain to the client the limited range of services he/she can provide;

b) Extraordinary diligence shall be exerted to refer the client seeking care to another skilled health professional or volunteer willing and capable of delivering the desired reproductive health care service within the same facility;

c) If within the same health facility, there is no other skilled health professional or volunteer willing and capable of delivering the desired reproductive health care service, the conscientious objector shall refer the client to another specific health facility or provider that is conveniently accessible in consideration of the client's travel arrangements and financial capacity;

d) Written documentation of compliance with the preceding requirements; and

e) Other requirements as determined by the DOH.

In the event where the public skilled health professional cannot comply with all of the above requirements, he or she shall deliver the client's desired reproductive health care service or information without further delay.

Provided, That skilled health professionals such as provincial, city, or municipal health officers, chiefs of hospital, head nurses, supervising midwives, among others, who by virtue of their office are specifically charged with the duty to implement the provisions of the RPRH Act and these Rules, cannot be considered as conscientious objectors.

Within sixty (60) days from the effectivity of these rules, the DOH shall develop guidelines for the implementation of this provision.

Section 5.25 Duty of Exempted Facilities and/or Conscientious Objectors to Refer. In the event that a private health care facility invokes exemption, or a health care provider conscientiously objects to provide certain methods of modern family planning services, the facility or provider shall, within the same consultation hour, refer the patient seeking care and/or services to another specific provider and/or facility that is conveniently accessible and can provide the requested services; Provided, That the patient is not in an emergency or serious case as defined in RA 8344.

Section 5.26 Reproductive Health Officer. All facilities within the SDN shall designate one of the skilled health professionals on duty as the Reproductive Health Officer (RHO) of the day. The RHO shall perform the following duties and responsibilities:

a) Serve as point person for clients interested in receiving responsible parenthood information;

b) Serve as point person for clients interested in receiving reproductive health services;

c) Navigate patients interested in receiving reproductive health services to appropriate service providers within the facility;

d) Deliver reproductive health services and procedures as may be applicable;

e) Accomplish referral forms for patients who wish to avail of reproductive health services not available within the facility; and

f) Other duties and responsibilities as determined by the DOH.

Section 5.27 Community Health Teams. Community Health Teams (CHTs) as provided for in DOH Department Memorandum No. 2011-0286 shall increase the awareness and recognition of health risks among families, promote healthy behaviors, and prompt individuals to seek and utilize reproductive health care services. CHTs shall also link and navigate families to health care providers by providing key health messages and assisting in their preparation and planning for future health service availment.

Section 5.28 Gender-Sensitive Handling of Clients. As relevant to their specialization, health care providers shall be provided with training on gender-sensitive handling of clients to ensure non-judgmental and humane delivery of all reproductive health care services and information, including the respect for the right to privacy and the privilege of confidentiality of clients.

Section 5.29 Training for Counseling and Referral of Adolescents. The DOH shall develop a curriculum to train skilled health professionals in counseling about adolescent reproductive health, determining age- and development-appropriate methods or services, and referring adolescents to the appropriate facilities within the reproductive health care SDN.
RULE 6 - Hiring and Engagement of Skilled Health Professionals
Section 6.01 Hiring of Skilled Health Professionals for Maternal Health Care and Skilled Birth Attendance. The LGU shall endeavor to hire an adequate number of nurses, midwives and other skilled health professionals for maternal health care and skilled birth attendance to achieve an ideal skilled health professional-to-patient-ratio taking into consideration DOH targets; Provided, That people in geographically isolated or highly populated and depressed areas shall be provided the same level of access to healthcare; Provided further, That the National Government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision.

Section 6.02 Determining the Adequate Number of Skilled Health Professionals. Within sixty (60) days from the effectivity of these Rules, the DOH, in consultation with LGUs, shall develop guidelines to determine the ideal number of skilled health professionals for maternal health care and skilled birth attendance. These guidelines shall take into consideration the following:

a) Estimated number of live births;

b) Geographic and socio-economic distribution of the area;

c) Presence of public and private providers that may be engaged for service delivery;

d) Number of currently employed doctors, midwives, and nurses; and

e) Other factors as deemed relevant by the DOH.

Every year, the DOH shall publish the ideal numbers of skilled health professionals to inform and guide the planning and budgeting process at the national and local levels.

a) The existing number of public midwives and/or nurses is inadequate to meet the needs of the poor as identified by NHTS-PR or other government measures of marginalization, or the LGU has GIDA/s;

b) All existing and available plantilla positions for midwives and/or nurses have been filled, and the opportunities provided under Sec. 325 (a) of the Local Government Code have been exhausted;

c) The LGU shall provide as counterpart the transportation, lodging and miscellaneous expenses related to the duties of the midwives or nurses deployed by the DOH; and

d) Other requirements as deemed necessary by DOH.

Within sixty (60) days from the effectivity of these Rules, the DOH shall develop guidelines for the contracting of midwives and nurses in consideration of the above criteria, among others.

Section 6.04 Clinical Competency Training for the Service Delivery Network. The DOH, in coordination with LGUs, shall ensure that all skilled health professionals within the SDN possess the clinical competencies required to deliver the reproductive health services included in their facility.

Within ninety (90) days from the effectivity of these Rules, the DOH, in coordination with the LGU, shall determine the baseline competencies of currently engaged skilled health professionals. Skilled health professionals that do not meet the minimum clinical competency standards must complete the required training modules within one (1) year of the assessment survey. The DOH shall conduct regular monitoring of clinical competencies to ensure that all skilled health professionals meet the standards for service delivery, subject to guidelines as determined by the DOH within six (6) months from the effectivity of these Rules.

The DOH shall ensure the training of the SDN skilled health professionals to meet the required clinical competencies. The DOH may certify specific institutions, whether from the government or from the private sector, to conduct training services. Training costs, which may be funded by the DOH or other sources including LGUs, shall include the facilitators, information materials, resource speakers, and venue reservation. As counterpart, the LGU shall shoulder the transportation and living expenses of the skilled health professionals who are part of the SDN during the training.

Section 6.05 In-Service Training for Resident Physicians. Within one hundred and twenty (120) days from the effectivity of these Rules, the DOH shall develop guidelines to deploy physicians graduating from residency training programs in government hospitals for in-service training programs in LGU hospitals that require specialists.

Section 6.06 Comprehensive Emergency Obstetric and Newborn Care Training for Physicians. Within one hundred and twenty (120) days from the effectivity of these Rules, the DOH shall develop a certification and training curriculum for physicians in general practice to provide CEmONC training in hospitals without obstetricians and pediatricians, among others.

Section 6.08 Interpersonal Communication and Counseling Skills Development for BHWs. The DOH, in coordination with LGUs, shall integrate in the training of BHWs, skills development on IPCC for responsible parenthood and reproductive health.

Section 6.09 Social and Behavioral Change Communication Materials. The DOH shall ensure that LGUs are provided with adequate and updated SBCC materials such as but not limited to flipcharts, brochures, pamphlets, modules, other printed materials and audio-visual aids or technologies on responsible parenthood and reproductive health that can be utilized by BHWs in carrying out their functions effectively and as may be appropriate in their respective localities.

Section 6.11 Pro Bono Services for Indigent Women. Private and nongovernment reproductive healthcare service providers including, but not limited to, gynecologists and obstetricians, are encouraged to provide at least forty-eight (48) hours annually of reproductive health services, ranging from providing information and education to rendering medical services, free of charge to indigent and low-income patients as identified through the NHTS-PR and other government measures of identifying marginalization, especially to pregnant adolescents. The forty-eight (48) hours annual pro bono services shall be included as a prerequisite in the accreditation under the PhilHealth.

Section 6.13 Specification of Pro Bono Services. Reproductive health care that may be provided pro bono shall be according to the definition of reproductive health care in Section 3.01 (ss) of these Rules. Services for which PhilHealth reimbursement is being or shall be applied for by the health care provider shall not be counted as part of the forty-eight (48)-hour requirement for pro bono services.
RULE 7- Drugs, Supplies, and Health Products Standards
Section 7.01 The Philippine National Drug Formulary System and Family Planning Supplies. The National Drug Formulary shall include hormonal contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient and effective family planning products and supplies.

The Philippine National Drug Formulary System (PNDFS) shall be observed in selecting drugs including family planning supplies that will be included or removed from the Essential Drugs List (EDL) in accordance with existing practice and in consultation with reputable medical associations in the Philippines. For the purpose of this Act, any product or supply included or to be included in the EDL must have a certification from the FDA that said product and supply is made available on the condition that it is not to be used as an abortifacient.

These products and supplies shall also be included in the regular purchase of essential medicines and supplies of all national hospitals: Provided further, That the foregoing offices shall not purchase or acquire by any means emergency contraceptive pills, postcoital pills, abortifacients that will be used for such purpose and their other forms or equivalent.

Section 7.04 FDA Certification of Family Planning Supplies. The FDA must certify that a family planning drug or device is not an abortifacient in dosages of its approved indication (for drugs) or intended use (for devices) prior to its inclusion in the EDL. The FDA shall observe the following guidelines in the determination of whether or not a drug or device is an abortifacient:

a) As defined in Section 3.01 (a) of these Rules, a drug or device is deemed to be an abortifacient if it is proven to primarily induce abortion or the destruction of a fetus inside the mother's womb or the prevention of the fertilized ovum to reach and be implanted in the mother's womb;

b) The following mechanisms do not constitute abortion: the prevention of ovulation; the direct action on sperm cells prior to fertilization; the thickening of cervical mucus; and any mechanism acting exclusively prior to the fertilization of the egg by the sperm;

c) In making its determination, the FDA shall use the best evidence available, including but not limited to: meta-analyses, systematic reviews, national clinical practice guidelines where available, and recommendations of international medical organizations;

d) In the presence of conflicting evidence, the more recent, better-designed, and larger studies shall be preferred, and the conclusions found therein shall be used to determine whether or not a drug or device is an abortifacient; and

e) Should the FDA require additional expertise in making its determination, an independent evidence review group (ERG) composed of leading experts in the fields of pharmacodynamics, medical research, evidence-based medicine, and other relevant fields may be convened to review the available evidence. The FDA shall then issue its certification based on the recommendations of the ERG.

Section 7.05 Drugs, Supplies, and Products with Existing Certificates of Product Registration. Upon the effectivity of these Rules, all reproductive health care drugs, supplies, and products that have existing Certificates of Product Registration (CPRs) from the FDA shall be provided certifications stating that they do not cause abortion when taken in dosages for their approved indications.

Section 7.06 Standards and Quality Assurance. The FDA shall harmonize health standards for contraceptive drugs and medical devices with other countries with respect to product development, effectiveness, safety, packaging and quality control, instructions for use, consumer protection, and product availability.

At a minimum, the information on the insert or leaflet for consumers or health professional/worker shall include the name of the product, pharmacological category (when applicable), use or indication, proper use, contraindications and any precaution or health warning, and possible side effects and potential health risks. Side effects, adverse effects and other possible health effects shall be clearly described.

Within thirty (30) days from the effectivity of these Rules, the FDA shall develop guidelines for the implementation of this provision.

Section 7.08 Provision of Product Information. The FDA shall provide the public access to information regarding a registered reproductive health product. Among others, the FDA shall post in its website all approved reproductive health products (generic and branded) with all relevant information relevant to proper use, safety and effectiveness of the product, including possible side effects and adverse reactions or events. As appropriate, the FDA shall issue an advisory to inform the consumers about relevant developments regarding these products.

Section 7.09 Post-Marketing Surveillance. All reproductive health products shall be subjected to Post-Marketing Surveillance (PMS) in the country. The PMS shall include, but not be limited to: examining the health risk to the patient, and the risk of pregnancy because of contraceptive failure.

The FDA shall have a sub-unit dedicated to reproductive health products under the Adverse Drug Reaction Unit who will monitor and act on any adverse reaction or event reported by consumers and health professionals or workers. The system for reporting adverse drug reactions/events shall include online reporting at the FDA and DOH website, along with established reporting mechanisms, among others.

Companies with registered products shall be required to have a Post-Marketing Surveillance department, division, section, unit, or group that will monitor and investigate all health-related reactions or risks, or failure of the product to prevent pregnancy.

Section 7.10 Product Monitoring. To ensure the stability, safety, and efficacy of reproductive health products, the FDA shall oversee the provider and/or distributor's compliance with proper distribution, storage, and handling protocols. This shall be done in coordination with private or public reproductive health programs, and the company providing the supplies. The FDA inspectors shall inspect outlets for proper storage and handling of products and supplies, and act on complaints in the field in coordination with the office of the Deputy Director General for Field Office.

Section 7.11 Renewal of Product Registration. In the renewal of product registration of reproductive health products, the FDA shall consider, among others, the following: the Adverse Drug Reaction / Adverse Event Reports, PMS reports, and studies on the safety and effectiveness conducted by the PMS unit of the product company.

Section 7.12 Denial or Revocation of Product Registration. After the careful evaluation of PMS data and other supporting evidence, the FDA shall deny or revoke the registration of reproductive health products that are ineffective or have undesired side effects that may be found during testing, clinical trials and their general use.
RULE 8 - Drugs, Supplies, and Health Products Procurement
Section 8.01 Procurement and Distribution of Family Planning Supplies. The DOH shall procure, distribute to LGUs and monitor the usage of family planning supplies for the whole country. The DOH shall coordinate with all appropriate local government bodies to plan and implement this procurement and distribution program.

Section 8.02 Supply and Budget Allotments. The supply and budget allotments for family planning supplies shall be based on the current levels and projections of the following:

a) Number of women of reproductive age and couples who want to space or limit their children;

b) Contraceptive prevalence rate, by type of method used;

c) Cost of family planning supplies; and

d) Other relevant, objective, and needs-based criteria as determined by the DOH.

The DOH shall develop a methodology to determine the number of women with unmet need for modern family planning, prioritizing the poor as identified by the NHTS-PR or other government procedures of identifying marginalization, which shall be consistent with the above-set criteria.

Health products shall be procured according to the estimated needs of identified populations based on the preferred method mix per age group, as determined by data on observed health-seeking behaviors using the most recent demographic health survey or its equivalent, or by comparable scientific methods as deemed appropriate by the DOH.

The DOH, for planning and budgeting purposes, shall also take into account the procurement of drugs, supplies, and health products at the LGU level. The local availability of reproductive health product stocks, strength of the private sector market, LGU commodity self-reliance activities, and the health product assistance of development partners, shall be considered as factors in the procurement of supplies for that locality.

Section 8.03 Review of Existing Guidelines. Within thirty (30) days from the effectivity of these Rules, the DOH shall review its existing guidelines for the procurement and distribution of reproductive health supplies and products including life-saving drugs, and shall issue new guidelines that are consistent with these Rules.

Section 8.04 Manner of Procurement. The procurement of reproductive health supplies and products shall be in accordance with RA 9184 and its amended implementing rules and regulations.

In order to promote efficiency and effective supply management strategies, the DOH and/or the relevant procuring entities may use alternative modes of procurement apart from competitive bidding, as provided for in Art. XVI, Sec. 48 of RA 9184.

Section 8.05 Donated Supplies and Health Products. The DOH may acquire reproductive health supplies and/or products from development partners and agencies. The donor organization shall coordinate with the DOH to ensure that the proper and needed supplies are provided. These donations are subject to agreements with the DOH, as well as certification from the FDA ensuring its safety and non-abortifacient use. These goods shall be considered in determining the total health product requirements for the next procurement cycle.

Section 8.06 Markings of "Not for Resale". All drugs, supplies, and health products procured or acquired by the DOH and LGUs with the intent to be distributed at no out of pocket cost to clients shall be clearly stamped on its box or packaging with an indelible marking containing the words "Not for Resale" (without quotation marks). The marked words shall be translated to the dominant local language where the drugs, supplies, or health products shall be distributed.

Section 8.07 Monitoring of Procurement. The DOH shall ensure that beginning calendar year 2014, the procurement of reproductive health supplies and products shall be tracked and monitored through a computerized procurement system from procurement planning to contract implementation or the actual delivery of goods by the supplier-awardee of the procurement contract and the receipt of said goods in good condition by, and based on the specifications or requirements of the procuring entity.

Section 8.08 Logistics Management. The DOH shall be responsible for the transportation, storage, and distribution of reproductive health products and supplies to their respective destinations. Upon delivery to the local government units, the respective provincial, city, and/or municipal health officers shall assume responsibility for the supplies and shall ensure their prompt, continuous, and equitable distribution to all the applicable hospitals, health centers, or clinics within their respective areas of responsibility, taking into consideration existing storage facilities and other factors that may hinder the effective distribution/use of the said supplies.

The DOH shall designate a regional officer to oversee the supply chain management of reproductive health supplies and/or health products in his or her respective area, as assigned by the DOH. The officer shall promote speedy and efficient delivery of supplies, with the end goal of expedited distribution of quality-checked health products to the local government units. Towards this end, innovations on logistics and supply management, such as direct delivery of goods to the points of distribution, consistent with the intent and scope of these Rules shall be encouraged.

Provided, That where practicable, the DOH or LGUs may engage civil society organizations or private sector distributors to accomplish the intent of this provision subject to the provisions of applicable rules and regulations.

Within sixty (60) days from the effectivity of these Rules, the DOH shall issue guidelines for the implementation of this provision.

Section 8.09 LGU-initiated Procurement. An LGU may implement its own procurement, distribution and monitoring program consistent with these Rules and the guidelines of the DOH.

Section 8.10 Tracking and Monitoring. The DOH shall use an electronic, interlinked logistics management information system that tracks and monitors all heath products purchased or received and distributed to local health systems in real time.

Section 8.11 Reporting. LGUs shall submit quarterly utilization reports of the reproductive health supplies and products provided by the DOH in order to guide future policy, procurement, and allocation decisions. The report shall contain a list of each family planning method, the amount of supplies received for each, the remaining stocks, and any other information as requested by the DOH. These shall be disaggregated down to the level of each hospital, health center and/or rural health units within the city or municipality. The report shall be submitted to the respective CHDs within two (2) weeks after the end of the quarter. The CHDs shall collate all data received, formulate a summary, and forward it to the DOH Central Office within four (4) weeks after the end of the quarter.
RULE 9 - Financing
Section 9.01 Appropriations. The amounts appropriated in the current annual General Appropriations Act (GAA) for reproductive health and natural and artificial family planning and responsible parenthood under the DOH and other concerned agencies shall be allocated and utilized for the implementation of the RPRH Act and these Rules.

Such additional sums necessary to provide for the upgrading of facilities necessary to meet BEmONC and CEmONC standards; the training and deployment of skilled health providers; natural and artificial family planning commodity requirements as outlined in Section 8.02, and for other reproductive health and responsible parenthood services, shall be included in the subsequent years' general appropriations.

The Gender and Development (GAD) funds of LGUs and national agencies may be a source of funding for the implementation of the RPRH Act and these Rules in accordance with the GAD Planning and Budgeting Guidelines issued by the Philippine Commission on Women (PCW) and concerned agencies.

Section 9.02 Determination of Financing Requirements. Financing requirements shall be quantified using the following:

a) Estimated number of potential beneficiaries according to relevant population-based national surveys, with consideration to poverty incidence where applicable, among others;

b) Prevailing market cost of evidence-based and effective interventions according to current established standards of clinical or public health practice;

c) Time period of service delivery; and

e) Other evidence-based and easily quantifiable factors to be prescribed by the DOH.

Section 9.04 Funding for Public Awareness. The funds for the implementation of provisions on Public Awareness, Health Promotion, and Communication shall be included in the annual budget of the DOH, other concerned national agencies, and LGUs.
CHAPTER 3 - Public Awareness and Education RULE 10 - Public Awareness, Health Promotion, and Communication
Section 10.01 Public Awareness, Promotion, and Communication. The DOH and the LGUs shall initiate and sustain a heightened nationwide multimedia-campaign to raise the level of public awareness on the protection and promotion of responsible parenthood and reproductive health and rights including, but not limited to, maternal health and nutrition, family planning and responsible parenthood information and services, adolescent and youth reproductive health, guidance and counseling and other elements of reproductive health care.

Section 10.02 Development of a Health Promotion and Communication Plan. Within six (6) months from the effectivity of these Rules, the DOH shall develop a comprehensive, inclusive, and evidenced-based health promotion and communication plan to raise the level of public awareness on the promotion of responsible parenthood and reproductive health and the protection of reproductive rights.

The health promotion and communication plan shall seek to increase the demand for and availment of high quality reproductive health care information and services at a nationwide scope, with consideration to the point of care between health care provider and client. Among other possible approaches to promotion, it shall specify the use of mass media for messages with general public audiences as well as IPCC by health care providers and community volunteers. The health promotion and communication plan shall also specify monitoring and evaluation mechanisms, needed resources, and concrete timelines.

The development of the health promotion and communication plan shall involve a determination of the baseline status of reproductive health knowledge and preferences of intended audiences through a review, assessment of impact and outcome, and harmonization of existing communication strategies implemented by government agencies, development partners, and the private sector. Once the baseline is determined, performance indicators and targets shall be regularly updated based on the monitoring of results.

Section 10.03 Messaging. Messages for use in public awareness campaigns shall be evidence-based, values-based, culturally-sensitive and clear, in addition to being able to resonate with the audience. Complex ideas and concepts shall be promoted using messages that have been adjusted according to the intended audience, using channels of communication that may include among others traditional mass media (public relations, advertising, promotions), new media (digital, activation, mobile advertising, advocacy), or micro-media (customer relations, internal communications, word of mouth, experience).

Section 10.04 Assistance from All Concerned Government Agencies. Based on the health promotion and communication plan developed according to Section 10.02, all concerned government agencies, such as the Philippine Information Agency (PIA), among others, shall assist the DOH and LGUs in initiating and conducting a sustained and heightened nationwide multi-media campaign from the baseline by:

a) Providing inputs in the development of specific sub-plans, standards and guidelines, as well as policies and programs in the conduct of the nation-wide campaign;

b) Incorporating the promotion of reproductive health and rights into existing government programs;

c) Providing technical assistance to local government units in promoting public awareness for reproductive health and reproductive rights;

d) Pursuing multi-media campaigns on specific elements of reproductive health or provisions of the RPRH Act that are under its jurisdiction; and

e) Providing funding support to the implementation of this campaign.

Provided, That the DOH shall continue implementing existing approved health promotion and communication strategies relevant to the provisions of these Rules pending the formulation of a comprehensive health promotion and communication plan for responsible parenthood and reproductive health.

Section 10.06 Review of the Health Promotion and Communication Plan. Within sixty (60) days from the implementation of these Rules, the DOH shall develop guidelines for the regular monitoring, evaluation and review of existing health promotion and communication plans, including information and education materials, to ensure their effectiveness and relevance.

Health promotion and communication strategies and materials shall be reviewed annually at the national and local levels. For this purpose, the DOH shall develop as part of the comprehensive health promotion and communication plan a quantitative and qualitative reporting and assessment mechanism that will include tools and/or indicators to measure the relevance and effectiveness of strategies and materials. The result of the review and assessment shall be used in the enhancement of strategies and materials.

Section 10.07 Private Sector and Civil Society Organization Involvement. The private sector and civil society organizations are encouraged to actively participate in the promotion and/or communication of responsible parenthood and reproductive health, rights and concerns as part of people-centered programs to enhance the quality of life. Government agencies may engage the private sector in the implementation of these provisions through effective partnership and cooperation, subject to restrictions as may be provided for in applicable guidelines.

Section 10.09 Interpersonal Communication. The health promotion and communication components of existing national and local government programs such as the Maternal Neonatal Child Health and Nutrition, Conditional Cash Transfer Program through its modules and the Family Development Sessions, Responsible Parenthood Program, among others, shall be aligned with the implementation of health promotion and communication strategies for responsible parenthood and reproductive health care. Concerned agencies shall revise their communication strategies if necessary.

Section 10.10 Awards and Recognition. Within sixty (60) days from the effectivity of these Rules, the DOH shall release guidelines concerning the awarding and recognition of individuals, institutions and LGUs that meet and/or exceed the criteria set by DOH in the successful implementation of reproductive health care and responsible parenthood programs, as well as other indicators of successful distribution and increased utilization of reproductive health care products and services.
RULE 11 -Responsible Parenthood and Reproductive Health Education
Section 11.01 Age- and Development-Appropriate Reproductive Health Education. The State shall provide age- and development-appropriate responsible parenthood and reproductive health education to adolescents and school-age children which shall be taught by adequately trained teachers and educators in formal and non-formal educational system and integrated in relevant subjects such as, but not limited to, values formation; knowledge and skills in self-protection against discrimination; sexual abuse and violence against women and children and other forms of gender based violence and teen pregnancy; physical, social and emotional changes in adolescents; women's rights and children's rights; responsible teenage behavior; gender sensitivity and development; population and development; responsible parenthood; and other reproductive health concepts:

Provided, That flexibility in the formulation and adoption of appropriate course content, scope and methodology in each educational level or group shall be allowed only after consultations with parents-teachers-community associations, school officials, civil society organizations, and other interest groups.

The Department of Education (DepEd) shall formulate a curriculum including concepts and messages on reproductive health, which shall be used by public schools. Private schools may adopt the DepEd curriculum or develop their own curriculum subject to approval by DepEd.

Section 11.02 Curriculum Development. Within ninety (90) days from the effectivity of these Rules, the DepEd shall integrate into its curriculum complete, accurate and relevant age- and development-appropriate information on responsible parenthood and reproductive health, respectful of culture and religious convictions, for integration across all subjects, key areas, among others:

a) Rights of the Child;

b) Child Health and Nutrition;

c) Child and Adolescent Development;

d) Gender and Development;

e) Life skills;

f) Age-appropriate Sexuality Education;

g) Population and development;

h) Marriage and family;

i) Prevention of STIs, including HIV (as provided by RA 8504 or the Philippine AIDS and Control Act of 1998); and

j) Recognition and elimination of gender-based violence.

The DepEd shall institute regular monitoring and reporting on the integration of responsible parenthood and reproductive health information in the formal, non-formal, community-based education and indigenous learning systems.

Section 11.03 Supportive School Environments. Private and public schools, as avenues for development, shall provide young people a supportive environment where they have access to the following services with regards to teenage problems, among others:

a) Counseling and psycho-social support services;

b) Facilities for information on prevention of risky behaviors, including addiction;

c) Facilities for information on prevention and diagnosis and proper management/treatment of STIs; and

d) Facilities for information and referral to service providers on all RPRH concerns.

Section 11.04 Training for Educators. To ensure the quality and relevance of teaching reproductive health education, DepEd shall likewise develop appropriate instructional materials and visual aids for teaching and shall undertake a comprehensive national and regional educators' training program for public and private schools to enable educators to develop appropriate knowledge and skills on responsible parenthood and reproductive health education and life coaching.

These measures shall be focused on the development of the following outcomes for children, to include, among others:

a) Raising awareness on rights of the child to survival, development, participation and protection;

b) Providing them with scientifically-accurate and evidence-based information on the reproductive system;

c) Teaching them how to take proper care of their bodies and live a healthy lifestyle;

d) Developing health-affirming and health-promoting behaviors;

e) Developing informed choices in reproductive health; and

f) Developing their capacity to make intelligent options on how to live their life as they enter adulthood.

Section 11.0 5 Integration of Responsible Parenthood And Reproductive Health Information into Formal, Non-Formal, and Indigenous Learning. DepEd shall integrate responsible parenthood and reproductive health information into its formal and non-formal education program, as well as community-based education programs, and the indigenous learning systems. CHED, TESDA, and other concerned agencies shall likewise integrate this into its degree and non-degree education programs; orientation, on-the-job training and in-service training, and extension programs for adult education. Instructional materials shall be developed for these purposes.

Section 11.07 Sustainability. In order to sustain the gains introduced by DepEd for school children and out of school youth, other concerned agencies and stakeholders, shall be enjoined to provide programs and services to educate parents and/or guardians according to existing guidelines on responsible parenthood and reproductive health.
CHAPTER 4 - Governance RULE 12 - Duties and Responsibilities
Section 12.01 Duties and Responsibilities of the Department of Health. The Department of Health (DOH) shall serve as the lead agency for the implementation of RPRH Act. Its various bureaus, offices, units, and attached agencies as referred to in these Rules shall issue operational guidelines consistent therewith, within ninety (90) days from the effectivity of these Rules, unless otherwise specified.

Furthermore, the DOH shall:

a) Ensure people's access to medically-safe, non-abortifacient, legal, quality and affordable reproductive health goods and services by, among others, strengthening the capacities of health regulatory agencies to ensure the provision of reproductive health services and health products;

b) Secure resources to provide the reproductive health needs of all Filipinos, giving priority to the poor and the vulnerable;

c) Along with its attached agencies, fully and efficiently implement the reproductive health care program and integrate services in its regular operations;

d) Review and revise training curriculum and materials on responsible parenthood. The DOH shall also explore avenues such as but not limited to Family Development Sessions of the DSWD to conduct responsible parenthood and reproductive health seminars;

e) Develop and implement training programs for the barangay service point officers (BSPOs) on, among others, responsible parenthood, IPCC, demand generation and referral networks for modern family planning methods, and other skills needed in the promotion of responsible parenthood and reproductive health;

f) Ensure that within three (3) years from effectivity of these Rules, all health care facilities that provide reproductive health services have the infrastructure to enhance the mobility of PWDs in compliance with applicable provisions of BP 344 (An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to install Facilities and Other Devices), by including this in its annual licensing and accreditation requirements;

g) Develop plans, policies, standards, and guidelines for the implementation of the reproductive health care program, such as but not limited to the requirements for licensing of hospitals and health facilities that include reproductive health care services in consultation with LGUs and other stakeholders;

h) Reorganize the various programs on reproductive health into a unified bureau or office that shall have an organizational structure that corresponds to the functions of a) standards development, policy, planning and financing; b) capacity building; c) advocacy and communication; d) support to field operations; and e) monitoring and evaluation and knowledge management;

i) Formulate standards and develop information, education, communication, and advocacy strategies for the implementation of the reproductive health care program;

j) Establish networks and coordination mechanisms with other stakeholders such as other national government agencies, LGUs, CSOs, development partners and the private sector;

k) Facilitate the involvement and participation of CSOs and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and health products to make them accessible and affordable to ordinary citizens;

l) Engage the services, skills and proficiencies of experts in natural family planning who shall provide the necessary training for all BHWs;

m) Provide technical supervision and assistance to LGUs in the delivery of reproductive health care services and in the purchase of reproductive health drugs and products: Provided, That the DOH complements LGU funding for the implementation of these rules whenever necessary, based on the criteria set by DOH in consultation with the stakeholders;

n) Furnish LGUs, through their respective local health offices, appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition;

o) Prescribe and implement monitoring and evaluation strategies for the implementation of the responsible parenthood and reproductive health care program; and

p) Perform other functions to achieve the objectives of the RPRH Act.

Section 12.02 Duties and Responsibilities of Local Government Units. Since the LGUs play a vital role in the implementation of the RPRH Act as the direct provider of both services and information to their respective constituents, LGUs shall:

a) Ensure the provision, at the appropriate level of care, of the full range of responsible parenthood and reproductive health care services, including all modern family planning methods, both natural and artificial, to all clients regardless of age, sex, gender, disability, marital status or background;

b) Ensure that all public health facilities in the service delivery network have an adequate number of skilled health professionals for reproductive health care: Provided, That the cities and municipalities shall endeavor to provide BHSs, primary care facilities, hospitals and other public health facilities under their jurisdiction with adequate and qualified personnel; Provided further, That provinces shall ensure that all hospitals and other public health facilities under their jurisdiction have an adequate number of competent doctors, nurses, and other medical personnel for reproductive health care; Provided finally, That the national government shall provide additional and necessary funding and other necessary assistance to the effective implementation for this provision;

c) Ensure that all skilled health professionals assigned to public health facilities have appropriate training to provide the full range of reproductive health services; Provided, That cities and municipalities shall endeavor that all nurses and midwives assigned to public primary care facilities such as RHUs are given training and certification to administer life-saving drugs within one (1) year from the effectivity of these Rules;

d) Establish or upgrade all public health facilities in the SDN; Provided, That all health facilities from the BHSs, primary care facilities and hospitals shall meet the standards set forth by these Rules; Provided further, That all provincial, district, and other tertiary hospitals are equipped with the necessary facilities and equipment, and adequate supplies to be able to provide emergency obstetric and newborn care, and that these hospitals shall provide a full range of reproductive health services;

e) Ensure that barriers to reproductive health care for PWDs are responded to within three (3) years from the effectivity of these Rules;

f) With the assistance of the DOH, map the available facilities in the SDN set forth by these Rules;

g) Conduct a regular review or audit of the existing facilities, equipment, and personnel of all hospitals and other health facilities under its jurisdiction, in order for the local health office to effectively and efficiently allocate existing resources;

h) Respond to unmet needs and/or gaps as enshrined in these Rules;

i) For provinces and highly urbanized or independent component cities, develop and implement a comprehensive health promotion and communication plan applicable to the situation prevailing, and sensitive to the cultural and religious norms and traditions of their constituents, capacities, and resources of the LGU consistent with Section 10.02 of these Rules, Provided, That cities and municipalities shall coordinate with their respective provinces;

j) Conduct a comprehensive Maternal Death Review and Fetal and Infant Death Review in accordance with guidelines of the DOH. The review shall be used as basis for evidence-based programming and budgeting for a more comprehensive and responsive program on women's health and safe motherhood, in particular, and responsible parenthood and reproductive health, in general;

k) Implement an effective and well-targeted distribution program of reproductive health products provided for by the DOH. The LGU may adopt its own procurement, distribution, and monitoring program for reproductive health products consistent with the provisions of the RPRH Act and the guidelines of the DOH;

l) Operate and maintain MHCS units to deliver health care goods and services particularly to its poor and marginalized constituents. The MHCS, which may be established in any hospital or other health facility under its jurisdiction, may take the form of a van or other means of transportation appropriate to the terrain, and shall be staffed by skilled health professionals. It shall also be adequately equipped with a wide range of health care materials and information dissemination devices and equipment, which shall include, among others, a television set for audio-visual presentations;

m) Issue a marriage license to applicants at the local civil registrar's office only upon the presentation of a Certificate of Compliance issued for free by the local Family Planning Office or Population Office, or by the City or Municipality Health Office in the absence of a local Family Planning Office, certifying that the applicants have duly received adequate personal instructions and information on responsible parenthood, family planning, breastfeeding and infant nutrition;

n) Strengthen or develop Pre-Marriage Counseling (PMC) programs or its equivalent as well as procedures related thereto, taking into account the relevant guidelines of the DOH in consultation with other agencies;

o) Appropriate funds for the implementation of the RPRH Act and incorporate the same in the annual budget of the local government. Such sums needed for the implementation of RPRH may be sourced from the GAD funds: Provided, That LGUs follow the GAD planning and budgeting guidelines issued by the Philippine Commission on Women and concerned agencies; and

p) Perform other functions to achieve the objectives of the RPRH Act.

Section 12.03 Duties and Responsibilities of the Department of Social Welfare and Development (DSWD). The DSWD in support of the implementation of the RPRH Act and these Rules shall:

a) Synchronize and harmonize existing mechanisms in identifying poor and marginalized households and areas (e.g., NHTS-PR, NAPC Priority Municipalities, CBMIS, etc.), in coordination with concerned agencies;

b) Regularly provide the DOH and LGUs with the updated list of poor identified through the NHTS-PR or other future means test methods prescribed by the DSWD as the primary source for identifying priority beneficiaries of responsible parenthood and reproductive health care programs;

c) Review and strengthen modules for family development sessions and other community-based programs for families to ensure incorporation of responsible parenthood and reproductive health concepts;

d) Facilitate retooling of service providers, particularly the local social welfare and development officers, through the DSWD field offices; and

e) Perform other functions to achieve the objectives of the RPRH Act.

Section 12.04 Participation of Civil Society Organizations, the Private Sector, and Basic Sectors. In pursuit of a comprehensive and effective planning, implementation, monitoring and regulation system, the DOH shall recognize the assistance of representatives from CSOs, and other proponents from the private sector to help advocate, monitor or report violations of the provisions of these Rules. The DOH shall conduct regular stakeholders or partners' meetings, and similar advocacy activities to encourage the involvement and participation of CSOs and the private sector in the implementation of the RPRH Act.

The pertinent provisions of the Local Government Code on Local Development Councils and Local Health Boards shall serve as a guide to LGUs in encouraging participation of CSOs and the private sector in the reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and health products to make them accessible and affordable.

The DOH shall recognize the participation of basic sectors in the planning and implementation of policies and programs for responsible parenthood and reproductive health.

To actively assist DOH and the LGUs in the implementation of the RPRH Act, CSOs through their different constituencies may:

a) Provide integrated and quality RPRH services in accordance with DOH standards to poor and vulnerable populations where government services are inadequate;

b) Model an RPRH service delivery that is holistic, rights-based, gender-responsive, and affordable;

c) Educate, organize, and capacitate the poor and vulnerable sectors towards self-reliance, mutual support/solidarity, and collective actions to address their health, including reproductive health, problems;

d) Generate public understanding of and support for RPRH information and services

e) Advocate policies and program-approaches that will further improve the access to, and effectiveness and equity of, RPRH programs;

f) Document, monitor, and report violations of the law;

g) Provide research, information, and technical support to DOH, LGUs, DSWD and other implementers of the law; and

h) Perform other functions to achieve the objectives of the RPRH Act.
RULE 13 - Oversight and Inter-Agency Integration
Section 13.01 Congressional Oversight Committee on Responsible Parenthood and Reproductive Health Act. There is hereby created a Congressional Oversight Committee (COC) composed of five (5) members each from the Senate and the House of Representatives. The members from the Senate and the House of Representatives shall be appointed by the Senate President and the Speaker, respectively, with at least one (1) member representing the Minority. The COC shall be headed by the respective Chairs of the Committee on Health and Demography of the Senate and the Committee on Population and Family Relations of the House of Representatives. The Secretariat of the COC shall come from the existing Secretariat personnel of the Senate and the House of Representatives committees concerned. The COC shall monitor and ensure the effective implementation of the RPRH Act, recommend the necessary remedial legislation or administrative measures, and shall conduct a review of the RPRH Act every five (5) years from its effectivity. The COC shall perform such other duties and functions as may be necessary to attain the objectives of the RPRH Act.

Section 13.02 Integration of Responsible Parenthood and Family Planning Component in Anti-Poverty Program. A multidimensional approach shall be adopted in the implementation of policies and programs to fight poverty. Towards this end, the DOH shall implement programs prioritizing full access of poor and marginalized women as identified through the NHTS-PR and other government measures of identifying marginalization to responsible parenthood and reproductive health care services, products and programs. The DOH shall provide such programs, technical support, including capacity building and monitoring in coordination with National Anti-Poverty Commission (NAPC), among others.
RULE 14 - Maternal Death Review and Fetal and Infant Death Review
Section 14.01 Maternal Death Review and Fetal and Infant Death Review. All LGUs, national and local government hospitals, and other public health units including private health facilities within the SDN shall conduct an annual Maternal Death Review (MDR) and Fetal and Infant Death Review (FIDR), in accordance with the guidelines set by the DOH in consultation with the stakeholders. Such review should result in an evidence-based programming and budgeting process that would contribute to the development of more responsive reproductive health services to promote women's health and safe motherhood.

Section 14.02 Conduct of Maternal Death Reviews and Fetal and Infant Death Reviews at the Provincial and City Level. MDRs and FIDRs shall be conducted at least annually, or at shorter intervals subject to the discretion of the local health office, at the provincial level by the Provincial Health Office or at the city level by the City Health Office, provided that the city is a highly urbanized city or an independent component city. The Provincial or City Health Review Team (hereinafter referred to as the "Team") shall focus on the identification of systemic gaps and ensure that these are addressed by either the LGUs or by the DOH.

a) The Provincial Health Officer (PHO) or the City Health Officer (CHO) shall be the head of the Team. The Team shall be composed of at least seven (7) members, including the PHO or CHO as the head. Members of the Team shall include but not be limited to the following:

i. Selected Municipal and/or City Health Officers;

ii. Staff from selected health facilities under the management of the province or city;

iii. Private practitioners or representatives from the local chapters of relevant specialty societies;

iv. One (1) CEmONC doctor from a CEmONC-capable facility;

v. One (1) BEmONC doctor from a BEmONC-capable facility; and

vi. Technical staff from the DOH Center for Health Development (CHD).

b) The design of the Annual Review shall focus on identifying the systemic gaps, clinical factors, and the institutional issues that contributed to the reported deaths, examples of which include, but are not limited to issues and concerns on human resources, blood services, emergency transportation arrangements, accessibility to health facilities, and availability of life-saving drugs. The Annual Review shall likewise be designed to solicit commitments from concerned stakeholders to pursue concrete action plans in addressing these issues and concerns.

c) Ideally, all cases are reviewed, unless the sheer volume of cases precludes the completion of a comprehensive review within a reasonable period. In such a situation, the Team may decide to review only a representative sample of cases. The mechanism of selecting cases to be reviewed shall be according to the guidelines set by the DOH.

d) Upon the completion of the Review, the Team shall develop a Provincial or City Maternal Death, and Fetal and Infant Death Intervention Plan that shall be used to address the gaps identified in the Review. The Team shall present the Intervention Plan to the Local Chief Executives for approval and implementation.

e) The conduct of the Annual Review and Intervention Plan shall be documented and reports shall be transmitted to the DOH on or before June of the succeeding year.

Section 14.03 Scope of Maternal Death Reviews and Fetal and Infant Death Reviews. In order for the Teams to conduct an annual death review, the following shall be mandated to submit quarterly Maternal Death Reports, and Fetal and Infant Death Reports:

a) All provincial and city governments particularly the Provincial Health Office or the City Health Office;

b) Hospitals under the National Government that provide maternal and child health services, including DOH-retained hospitals, military hospitals under the Department of National Defense, and training hospitals under the CHED or their respective charters;

c) Hospitals under the management of all local government units including the Autonomous Region for Muslim Mindanao that provide maternal and child health services;

d) Public health units that provide maternal and child health services which include but are not limited to puericulture centers, birthing centers, lying-in clinics, BHSs; and

e) Private health facilities that provide maternal and child health services which include but are not limited to hospitals and medical centers, lying-in clinics, and midwife-operated clinics.

Section 14.04 Documentation and Investigation of Maternal, Fetal, and Infant Deaths. All maternal deaths as well as fetal and infant deaths shall be documented and reported to the proper authorities as provided for in Section 14.02.

a) For deaths that happened in and/or were received by health facilities, including patients in transit using hospital-operated ambulances or vehicles, the documentation and reporting shall be the responsibility of the health professional who attended to or received the patient whether in a private or a public health care facility;

b) For deaths that happened outside health facilities, documentation and reporting shall be the responsibility of the Rural Health Midwife of the area where the death occurred. BHWs and CHTs may assist the midwife in carrying out this task. Documentation and reports shall be consolidated at the Municipal/City Health Office level and transmitted to the Provincial Health Office.

Section 14.07 Conduct of Annual Maternal Death Reviews and Fetal and Infant Death Reviews at the National Level. The DOH shall create a National MDR and FIDR Expert Review Panel that shall look into the practices at the point of care that may have affected the health of the mother, fetus, or infant indicated in the review made by each province or city.

The panel shall be composed of at least five (5) members, with two (2) coming from the DOH Central Office, specifically from the maternal and child health programs; and at least three (3) from relevant professional societies including, but not limited to, obstetricians and gynecologists, pediatricians, and anesthesiologists.

The National MDR and FIDR Expert Review Panel shall be in charge of monitoring the implementation and outcome evaluation of the Provincial Intervention Plan. The Expert Review Panel shall also perform an implementation review of the conduct of the MDRs and FIDRs on an annual basis. All annual reports of the Expert Review Panel shall be submitted to the Secretary of Health on March of the succeeding year. These annual reports shall include recommendations on how to address service delivery gaps. These recommendations shall include, among others, steps towards an evidence-based programming and budgeting process that would contribute to the development of more responsive reproductive health services to promote women's health, safe motherhood, and child health.

Section 14.08 Private Sector Involvement in Maternal Death Reviews and Fetal and Infant Death Reviews. All privately owned and operated hospitals and health facilities shall contribute to the conduct of MDRs and FIDRs by conducting a regular report of maternal, fetal, and infant deaths at their level and by regularly submitting reports to the Provincial Health Offices or City Health Offices.

Section 14.09 Protocols and Templates for the Conduct of Maternal Death Reviews and Fetal and Infant Death Reviews. Protocols on the conduct of MDRs and FIDRs at all levels, including forms, reporting, and consolidation templates shall be developed by the DOH within one (1) year from the effectivity of these Rules. Online monitoring systems shall be used by the DOH to implement this provision.

Section 14.10 Funding Source for the Conduct of Maternal Death Reviews and Fetal and Infant Death Reviews. Expenses for the conduct of Annual MDRs and FIDRs at the provincial or city level shall be charged to funds of the LGUs, including the honoraria of the members of the Review Team. The conduct of the National MDR and FIDR Expert Review shall be funded by the DOH. Likewise, the DOH may provide financial assistance to the LGUs in the form of grants, sub-allotments, among others, as necessary.
RULE 15 - Reporting Requirements
Section 15.01 Reporting Requirements. Before the end of April each year, the DOH shall submit to the President of the Philippines and Congress an annual consolidated report, which shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other government agencies and instrumentalities and recommend priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, NGOs and private sector organizations involved in said programs.

The annual report shall evaluate the content, implementation, and impact of all policies related to reproductive health and family planning to ensure that such policies promote, protect and fulfill women's reproductive health and rights.

Section 15.02 Programs to be Reported. The annual consolidated report shall include the documentation of reproductive health programs of government agencies. Information in the annual consolidated report shall include, among others:

a) Components of the programs related to reproductive health and responsible parenthood, which include program objectives, offices involved, procedures, timeline, areas of implementation, segment of population served, budgetary allotments, and expenditures;

b) Current implementation status of programs, which include the current phase, accomplishments, challenges, and projections;

c) Relevant studies and researches that may contribute to the improvement of the programs; and

d) Recommendations and plans in addressing challenges and improving performance status.

Section 15.03 Streamlining of Reporting Procedures. In the collection, collation, and processing of data for any and all reports required by these Rules, all DOH bureaus, offices, and units shall coordinate with one another and with other stakeholders to minimize the paperwork burden for field implementation units and workers. Preference shall be given to the use of electronic, portable, and real-time (where applicable) means of transferring information. Existing electronic tracking systems shall integrate reproductive health and responsible parenthood data, and shall be fully developed, functional, and linked with one another within two (2) years of effectivity of these Rules. These tracking systems include, but are not limited to the following:

a) Field Health Services Information System (FHSIS);

b) HIV/AIDS Registry;

c) PWDs Registry;

d) Cancer Registry;

e) Integrated Blood Bank Information System;

f) Health Facilities Enhancement Program Tracking System;

g) Web-based Public Assistance Information System;

h) Integrated DOH Licensing Information System;

i) BFAD Integrated Information System;

j) Expenditure Tracking System (ETS);

k) Integrated Procurement, Logistics, and Financial Management Information System;

l) National Online Stock Inventory and Reporting System (NOSIRS);

m) Procurement Operations Management Information System (POMIS);

n) National Human Resource for Health Information System (NHRHIS);

o) Hospital Operation and Management Information System (HOMIS);

p) Electronic Essential Drug Price Monitoring System; and

q) Online National Electronic Injury Surveillance System (ONEISS).

Section 15.04 Contribution of Other Agencies in Reporting. Other government and non-government agencies and units shall submit the following reports to the DOH for inclusion in the annual consolidated report:

a) The DSWD shall submit a report on its anti-poverty programs, highlighting the integration of responsible parenthood and reproductive health components;

b) The DepEd shall submit a report on the implementation of age- and development-appropriate reproductive health education;

c) The DILG shall ensure the submission of data and reports from LGUs;

d) LGUs shall regularly submit any and all relevant data and reports;

e) CSOs and private sector organizations involved in responsible parenthood and reproductive health shall also submit a regular report on their activities.
CHAPTER 5 - Prohibited Acts and Penalties RULE 16 - Prohibited Acts
Section 16.01 The following acts are prohibited:

a) Any health care service provider, whether public or private, who shall:

1. Knowingly withhold information or restrict the dissemination thereof, and/or intentionally provide incorrect information regarding programs and services on reproductive health including the right to informed choice and access to a full range of legal, medically-safe, non-abortifacient and effective family planning methods;

2. Refuse to perform legal and medically-safe reproductive health procedures on any person of legal age on the ground of lack of consent or authorization of the following persons in the following instances:

i. Spousal consent in case of married persons: Provided, That in case of disagreement, the decision of the one undergoing the procedure shall prevail; and

ii. Parental consent or that of the person exercising parental authority in the case of abused minors, where the parent or the person exercising parental authority is the respondent, accused or convicted perpetrator as certified by the proper prosecutorial office of the court. In the case of minors, the written consent of parents or legal guardian or, in their absence, persons exercising parental authority or next-of-kin shall be required only in elective surgical procedures, and in no case shall consent be required in emergency or serious cases as defined in RA 8344; and

3. Refuse to extend quality health care services and information on account of the person's marital status, gender, age, religious convictions, personal circumstances, or nature of work: Provided, That the conscientious objection of a health care service provider based on his/her ethical or religious beliefs shall be respected; however, the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible: Provided further, That the person is not in an emergency condition or serious case as defined in RA 8344, which penalizes the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases;

b) Any public officer, elected or appointed, specifically charged with the duty to implement the provisions hereof, who, personally or through a subordinate, prohibits or restricts the delivery of legal and medically-safe reproductive health care services, including family planning; or forces, coerces or induces any person to use such services; or refuses to allocate, approve or release any budget for reproductive health care services, or to support reproductive health programs; or shall do any act that hinders the full implementation of a reproductive health program as mandated by the RPRH Act and these Rules;

c) Any employer who shall suggest, require, unduly influence or cause any applicant for employment or an employee to submit himself/herself to sterilization, use any modern methods of family planning, or not use such methods as a condition for employment, continued employment, promotion or the provision of employment benefits. Further, pregnancy or the number of children shall not be a ground for non-hiring or termination from employment;

d) Any person who shall falsify a Certificate of Compliance as required in Section 15 of the RPRH Act; and

e) Any pharmaceutical company or health product/device manufacturer, whether domestic or multinational, or its agents or distributors, which directly or indirectly colludes with government officials, whether appointed or elected, in the distribution, procurement and/or sale by the national government and LGUs of modern family planning supplies, products and devices.

Section 16.02 Definition of Health Care Providers. Section 3.01 (t) and (qq) of these Rules defining public and private health care providers shall apply to the above provision.

Section 16.03 DOH Internal Rules of Procedure for its Employees. The DOH shall formulate and institutionalize internal rules of procedure for the resolution of administrative cases, including appeals for complaints against its employees, in accordance with Civil Service Commission Resolution 11-01502 on the Revised Rules on Administrative Cases in Civil Service.

Section 16.04 Complaints and Investigation of all Alleged Violations. All alleged violations of Section 23 of the RPRH Act shall be reported to the DOH, which shall immediately conduct a fact-finding investigation. Upon finding sufficient grounds to support the complaint, such findings shall be referred to the appropriate fiscal for criminal prosecution, without prejudice to the institution of administrative proceedings. Persons convicted of violation shall be punished in accordance with the RPRH Act.

At the instance of the DOH, administrative proceedings may also be pursued against erring health care providers that could lead to either suspension or revocation of appropriate licenses.

In recognition of gender equality and women's empowerment as central elements of reproductive health, complaints on the alleged violations of the implementation of the RPRH Act and these Rules may be referred to the Commission on Human Rights (CHR) as the Gender and Development (GAD) Ombud under Section 39 of RA 9710.
RULE 17 - Penalties
Section 17.01 Any violation of this Act or commission of the foregoing prohibited acts shall be penalized by imprisonment ranging from one (1) month to six (6) months or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), or both such fine and imprisonment at the discretion of the competent court.

Section 17.02 If the offender is a public officer, elected or appointed, he/she shall also suffer the penalty of suspension not exceeding one (1) year or removal, and forfeiture of retirement benefits depending on the gravity of the offense after due notice and hearing by the appropriate body or agency.

Section 17.03 Upon finding that a department, agency, or instrumentality of government, government owned and controlled corporation, or local government unit has violated any provision of the RPRH Act and these Rules, the sanctions under administrative law, civil service, or other appropriate laws shall be recommended to the Civil Service Commission and/or the Department of the Interior and Local Government. The person directly responsible for the violation as well as the head of the agency or local chief executive who authorized by written order the alleged violation shall be held liable under these Rules.

Section 17.04 If the offender is a private health care professional, the New Rules of Procedure in Administrative Investigations in the Professional Regulation Commission (PRC) and the Professional Regulatory Boards established in PRC Resolution No. 06-342 (A) s. 2006 shall be followed.

Section 17.05 If the offender is a juridical person, the penalty shall be imposed upon the president or any responsible officer.

Section 17.06 An agent or distributor of any pharmaceutical company or health product/device manufacturer who directly or indirectly colludes with government officials, whether appointed or elected, in the distribution, procurement and/or sale by the national government and LGUs of modern family planning supplies, products and devices shall be penalized according to these Rules and applicable provisions of RA 9184 or the Revised Government Procurement Act and its IRR, as amended. The license, or permit to operate or conduct business in the Philippines of such pharmaceutical company, shall be perpetually revoked, and a fine triple the amount involved in the violation shall be imposed.

Section 17.07 An offender who is an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration.
CHAPTER 6 - Miscellaneous Provisions RULE 18 - Miscellaneous Provisions
Section 18.01 Amendments. These Rules or any portion hereof may be amended by the Secretary of Health in consultation with all concerned stakeholders.

Section 18.02 Repealing Clause. All administrative orders, rules, regulations, memoranda, circulars, local ordinances, resolutions, and other issuances or orders contrary to the provisions of the RPRH Act or inconsistent herewith are hereby repealed or modified accordingly.

Section 18.03 Separability Clause. If any part or provision of these Rules is held invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

Section 18.04 Effectivity Clause. These Rules shall take effect fifteen (15) days after copies hereof have been filed with the National Administrative Register (NAR) of the UP Law Center and published in at least two (2) newspapers of general circulation.

APPROVED: March 15, 2013

IRR Drafting Committee for Republic Act No. 10354

(Sgd.) Arsenio M. Balisacan
Secretary of Socioeconomic Planning and
Director General
National Economic
and Development Authority

____________________
Published on March 18, 2013

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official gazette of the republic of the philippines - the official gazette is the official journal of the republic of the philippines. edited at the office of the president of the philippines under commonwealth act no. 638

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Implementing Rules and Regulations of Republic Act No. 10354 | GOVPH

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(The Responsible Parenthood and Reproductive Health Act of 2012) WHEREAS, Having taken effect on January 17, 2013 in large part due to the strong advocacy of stakeholders and the commitment of Government, Republic Act No.

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What should go with physical activities in order to be physically fit? (Eating Habits)

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What should go with physical activities in order to be physically fit? (Eating Habits)

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Eat slowly

Eat a lot of fruits and vegetables

Start your meal with a broth-based soup to help you feel fuller

Make use of smaller plates to moderate the portion of foods

Drink at least 8 glasses of non-caloric beverages everyday such as water.

Avoid overeating by having smaller packages of snacks

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Yoga is an old discipline from India. It is both spiritual and physical but it mainly uses breathing techniques, exercise, and meditation. It helps to improve health and happiness.

Yoga is the Sanskrit word for union and this means the union of individual consciousness with that of the Universal Consciousness, indicating a perfect harmony between the mind and body, hence the term "union".

Patanjali was a pioneer of classical yoga, he defined yoga as "the cessation of the modification of the mind".

Here is a picture of the Statue of Shiva doing Yogic Meditation, the statue is located in Bangalore, India.

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What are Video Games and Video Games Storyboard

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What are Video Games and Video Games Storyboard

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Video Games are interactive activity that can be played individually or in groups to spend leisure time. It is played through the use of electronic devices such as mobile phones, tablet, computers, gaming consoles and many more.

Video Games are designed by relying on players involvement and encourages group cooperation and problem solving.

Video Games Storyboard create a sequence of drawings that shows the different levels, scenes and goals of the video game. Each storyboard should include a description to tell what is going on as seen on the image below.

The image below is a Video game storyboard of Dean Tatulli.

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African music is a rich and diverse cultural heritage that exists in hundred of different languages. Music in Africa always has the "call and response" in which a person leads by a singing a phrase and followed and answered by group of singers.

Usually performed by singing and using percussion instruments played either hands or with sticks, drums and others.

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Latin american music is the musical traditions of Mexico, Central America, and the portions of South America and the Caribbean colonized by the Spanish and the Portuguese.

Their music is identified by their rhythms which they adapted from the elements of the Moorish music and other African and Caribbean music in the slave trade from 1550 to 1880.

Usually peformed by singing with their voice as their main instrument or by using traditional percussion instruments, or with hand played instruments like maracas and pandieros.

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Jazz music is one of the music genres that originated in the African-American communities  in the late 19th and early 20th centuries, with its roots in blues and ragtime.

It is characterized by with a strong, prominent meter, improvisation, distinctive tone colors & performance techniques, and dotted or syncopated rhythmic patterns.

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Popular Music or "Pop" Music is a genre of music that originated in its modern form during the mid-1950s in the United States and the United Kingdom.

The terms  pop music are often used interchangeably, although the former describes all music that is popular and includes many disparate styles.

It it mostly about popular or so called "hit" songs that sells a lot of copies and is normally listed on the weekly charts of popular music.

This type of music can occur in a event called a concert or a music festival.

Ex.*The image that is being shown is about madonna doing a live concert.

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Group Members and their Respective Contributions

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Group Members and their Respective Contributions

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Josh Andrei Alda, Juan Miguel Antonio, Devrick Atok - They are assigned for the pictures and some informations

Baron Jamille Andres, Alemxander Cesar Aligora, Vladymir Ullric Ang - They are assigned for the remaining informations and creating the whole Padlet.

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Technology-based Art (TBA) are essentially computer-generated or manipulated. Today's computer artists employ the ever-expanding powers of image manipulation programs and applications to create their works which can appear in an entire range of media – whether as a physical output or a virtual experience.

A image below is an example of a Technology-based Art (Times Square in New York, United States of America)

Source of the Picture: Star Micronics

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What is Responsible Parenthood? What is Reproductive Health? What is Family Planning? What is Birth Control?

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What is Responsible Parenthood? What is Reproductive Health? What is Family Planning? What is Birth Control?

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Parenthood is generally considered as a natural outcome of marriage. It is about raising children and supporting their needs financially, morally, educationally, teaching them values and giving them love and care. Also, parenthood is one of the most important duties in our society.

Reproductive Health refers to the state of complete physical, mental and social well-being and not merely the absence of disease relating to the reproductive system and to its function and processes. This implies that people are able to have a responsible, safe and consensual sex life. This further implies that women and men attain equal relationship in matters related to sexual relations and reproduction.

Family Planning is a program that provides information and a means for couples and individuals to have a desire number of children that they can responsibly raise. Family planning is deciding the number of children a married couple would want.

Birth Control is a part of family planning, husband and wife will have to decide on the prevention of a birth of a child. To prevent pregnancy, couples would have to decide on a particular procedure, device or medication that would prevent the chances of pregnancy. Some methods of Birth control are: Withdrawal, Using of condoms, Pills, Tubal Ligation and Vasectomy.

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What is Digital Imaging? What is Adobe Photoshop?

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What is Digital Imaging? What is Adobe Photoshop?

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Digital Imaging is the art of creating images through the use of a digital camera. In digital imaging, the camera approximates the actual image. In tiny squares of colors called pixels (short for picture elements), and then captures it. Every digitized image is made up of pixels. The number of pixels are called Resolution.

Adobe Photoshop is an image-editing software developed and published by Adobe Systems Incorporated. It can enhance and manipulate images to achieve your desired output. There are a number of sources for documents that can be manipulated in Photoshop such as Photographs from your Digital Cameras, artwork or drawings created in other software, scanned images from a magazine or still pictures from a video.

The picture below is my own original photo (Left) and edited photo (Right) of the LCT Building in the University of the East using Adobe Photoshop as my Photo Editing software.

*Note: This picture was taken way back January 15, 2019 and just photoshopped on September 12, 2020.

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Active Recreation is an activity of leisure. Leisure meaning discretionary time. The feeling of the "need to do something for recreation" is an essential element of human biology and psychology in order to keep themselves from being bored. Active Recreational activities are often done for enjoyment, amusement, goals, or pleasure and are considered to be "fun".

When we are talking about Active Recreational activities, we're talking about activities that are outdoors, not indoors, those are two different things. These include sports, playground activities, exercising, and so much more.

Take this picture for an example, it is a person surfing on the ocean, now that is considered a recreational activity cause they're doing it for fun.

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A computer or digital Arts is an artistic work or practice that uses digital technology as part of the creative or presentation process. Since the 1960s, various names have been used to describe the process, including computer art and multimedia art. Digital art is itself placed under the larger umbrella term new media art.

A image below is an example of a Computer/Digital art (A splash art of the Champion Kai'Sa of League of Legends done using a software called Adobe Photoshop)

Source of the picture: League of Legends/Riot Games

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Massively multiplayer online role-playing game

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Digital Painting is an emerging art form where new technologies and processes such as digital painting applications using softwares (such as Adobe Photoshop, Adobe Illustrator, Medibang, Krita, Paint Tool SAI) and tools (such as brushes, pens or pencils, etc.) are utilized to create and manipulate images directly on the computer.

Here is an image of a Digitally painted Ahri (A champion from the game League of Legends)

Source for the picture: League of Legends/Riot Games

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Tobacco Regulation Act of 2003 (RA 9211)

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Tobacco Regulation Act of 2003 (RA 9211)

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Republic Act 9211 or Tobacco Regulation Act of 2003 is generally to promote a healthful environment. It informs the public of the health risks associated with cigarette smoking and tobacco use as well as regulate and subsequently ban all tobacco advertisements and sponsorships. More importantly, this law protects the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of the products to minors.

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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June 23, 2003
Republic Act No. 9211 AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES
SECTION 1. Short Title.-This Act shall be known as the Tobacco Regulation Act of 2003.

SECTION 2. Policy.-It is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness among them. It is also the policy of the State, consistent with the Constitutional ideal to promote the general welfare, to safeguard the interests of the workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute a balanced policy whereby the use, sale and advertisements of tobacco products shall be regulated in order to promote a healthful environment and protect the citizens from the hazards of tobacco smoke, and at the same time ensure that the interests of tobacco farmers, growers, workers and stakeholders are not adversely compromised.

SECTION 3. Purpose.-It is the main thrust of this Act to:

a. Promote a healthful environment;

b. Inform the public of the health risks associated with cigarette smoking and tobacco use;

c. Regulate and subsequently ban all tobacco advertisements and sponsorships;

d. Regulate the labeling of tobacco products;

e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of tobacco products to minors;

f. Assist and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent economic dislocation; and

g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the provisions of this Act.

SECTION 4. Definition of Terms.-As used in this Act:

a. "Advertisement"-refers to any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcast, electronic, print or whatever form of mass media, including outdoor advertisements, such as but not limited to signs and billboards. For the purpose of this Act, advertisement shall be understood as tobacco advertisement.

b. "Advertising"-refers to the business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.

For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically refer to any messages and images promoting smoking; the purchase or use of cigarette or tobacco products; and cigarette or tobacco trademarks, brand names, design and manufacturer's names;

c. "Advertiser"-refers to a person or entity on whose account or for whom an advertisement is prepared and disseminated by the advertising agency, which is a service established and operated for the purpose of counseling or creating and producing and/or implementing advertising programs in various forms of media;

d. "Cigarette"-refers to any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use;

e. "Distributor"-refers to any person to whom a tobacco product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer or common carrier of such product;

f. "Mass Media"-refers to any medium of communication designed to reach a mass of people. For this purpose, mass media includes print media such as, but not limited to, newspapers, magazines, and publications; broadcast media such as, but not limited to radio, television, cable television, and cinema; electronic media such as but not limited to the internet;

g. "Minor"-refers to any person below eighteen (18) years old;

h. "Manufacturer"-refers to any person or entity, including a repacker, who makes, fabricates, assembles, processes, or labels a finished product;

i. "Package"-refers to packs, boxes, cartons or containers of any kind in which any tobacco product is offered for sale to consumers;

j. "Person"-refers to an individual, partnership, corporation or any other business or legal entity;

k. "Point-of-Sale"-refers to any location at which an individual can purchase or otherwise obtain tobacco products;

l. "Promotion"-refers to an event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer, distributor or retailer. It may also refer to the display of a tobacco product or manufacturer's name, trademark, logo, etc. on non-tobacco products. This includes the paid use of tobacco products bearing the brand names, trademarks, logos, etc. in movies, television and other forms of entertainment. For the purpose of this Act, promotion shall be understood as tobacco promotion;

m. "Public Conveyances"-refer to modes of transportation servicing the general population, such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles;

n. "Public Places"-refer to enclosed or confined areas of all hospitals, medical clinics, schools, public transportation terminals and offices, and buildings such as private and public offices, recreational places, shopping malls, movie houses, hotels, restaurants, and the like;

o. "Retailer"-refers to any person who or entity that sells tobacco products to individuals for personal consumption;

p. "Smoking"-refers to the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhaled or smoked;

q. "Sponsorship"-refers to any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur without such contribution. For the purpose of this Act, sponsorship shall be understood as tobacco sponsorship;

r. "Tobacco"-refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products;

s. "Tobacco Product"-refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended for smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act pertaining to cigarettes shall also apply to other tobacco products;

t. "Tobacco Grower"-refers to any person who plants tobacco before the enactment of this Act and classified as such by the National Tobacco Administration (NTA); and

u. "Warning"-refers to the notice printed on the tobacco product or its container and/or displayed in print or aired in broadcast or electronic media including outdoor advertising and which shall bear information on the hazards of tobacco use.

Healthful Environment

SECTION 5. Smoking Ban in Public Places.-Smoking shall be absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for persons under eighteen (18) years old;

b. Elevators and stairwells;

c. Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;

d. Within the buildings and premises of public and private hospitals, medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;

e. Public conveyances and public facilities including airport and ship terminals and train and bus stations, restaurants and conference halls, except for separate smoking areas; and

f. Food preparation areas.

SECTION 6. Designated Smoking and Non-smoking Areas.-In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

All designated smoking areas shall have at least one (1) legible and visible sign posted, namely "SMOKING AREA" for the information and guidance of all concerned. In addition, the sign or notice posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-Smoking areas shall likewise have at least one (1) legible and visible sign, namely: "NON-SMOKING AREA" or "NO SMOKING."

Access Restrictions

SECTION 7. Vending Machines, Self-Service Facilities.-Unless the vending machine has a mechanism for age verification, the sale or distribution of tobacco products to minors by means of a vending machine or any self-service facility or similar contraption or device is prohibited, except at point-of-sale establishments.

SECTION 8. Retailer Compliance with Respect to Self-Service Facilities.-Each retailer shall ensure that all tobacco-related self-service displays or facilities, advertising, labeling and other items that are located in the establishment of the retailer and that do not comply with the requirements of this Act are removed or are brought into compliance with the requirements of this Act.

SECTION 9. Minimum Age Sales.-Under this Act, it shall be unlawful:

a. For any retailer of tobacco products to sell or distribute tobacco products to any minor;

b. For any person to purchase cigarettes or tobacco products from a minor;

c. For a minor to sell or buy cigarettes or any tobacco product; and

d. For a minor to smoke cigarettes or any other tobacco products.

It shall not be a defense for the person selling or distributing that he/she did not know or was not aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor to whom it was sold.

SECTION 10. Sale of Tobacco Products Within School Perimeters.-The sale or distribution of tobacco products is prohibited within one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by minors.

SECTION 11. Signage.-Point-of-Sale establishments offering, distributing or selling tobacco products to consumers, shall post the following statement in a clear and conspicuous manner: "SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL" or "IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE."

SECTION 12. Proof of Age Verification.-In case of doubt as to the age of the buyer, retailers shall verify, by means of any valid form of photographic identification containing the date of birth of the bearer, that no individual purchasing a tobacco product is below eighteen (18) years of age.

Advertising and Promotions

SECTION 13. Warnings on Cigarette Packages.-Under this Act:

a. All packages in which tobacco products are provided to consumers withdrawn from the manufacturing facility of all manufacturers or imported into the Philippines intended for sale to the market, starting 1 January 2004, shall be printed, in either English or Filipino, on a rotating basis or separately and simultaneously, the following health warnings:

"GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health;"

"GOVERNMENT WARNING: Cigarettes are Addictive;"

"GOVERNMENT WARNING: Tobacco Smoke Can Harm Your Children;" or

"GOVERNMENT WARNING: Smoking Kills."

b. Upon effectivity of this Act until 30 June 2006, the health warning shall be located on one side panel of every tobacco product package and occupy not less than fifty percent (50%) of such side panel including any border or frame.

c. Beginning 1 July 2006, the health warning shall be located on the bottom portion of one (1) front panel of every tobacco product package and occupy not less than thirty percent (30%) of such front panel including any border or frame. The text of the warning shall appear in clearly legible type in black text on a white background with a black border and in contrast by typography, layout or color to the other printed matters on the package. The health warning shall occupy a total area of not less than fifty percent (50%) of the total warning frame.

d. The warnings shall be rotated periodically, or separately and simultaneously printed, so that within any twenty-four (24) month period, the four (4) variations of the warnings shall appear with proportionate frequency.

e. The warning shall not be hidden or obscured by other printed information or images, or printed in a location where tax or fiscal stamps are likely to be applied to the package or placed in a location where it will be damaged when the package is opened. If the warning to be printed on the package is likely to be obscured or obliterated by a wrapper on the package, the warning must be printed on both the wrapper and the package.

f. In addition to the health warning, all packages of tobacco products that are provided to consumers shall contain, on one side panel, the following statement in a clear, legible and conspicuous manner: "NO SALE TO MINORS" or "NOT FOR SALE TO MINORS." The statement shall occupy an area of not less than ten percent (10%) of such side panel and shall appear in contrast by color, typography or layout with all the other printed material on the side panel.

g. No other printed warnings, except the health warning and the message required in this Section, paragraph f. shall be placed on cigarette packages.

SECTION 14. Warnings in Advertising.-Under this Act:

a. All tobacco advertising in mass media shall contain either in English or Filipino, the following health warning: "GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health."

b. For print and outdoor advertisements, the warning frame shall be centered across the bottom of the advertisement and occupy a total area of not less than fifteen percent (15%) of such advertisement including any border or frame. The health warning shall occupy a total area of not less than fifty percent (50%) of the total warning frame. The text of the health warnings shall be clearly visible and legible, printed in a prominent color as appropriate and shall appear in contrast by color, typography or layout with all other printed material in the advertisement. The warning shall not be hidden or obscured by other printed information or images in the advertisement.

c. For television and cinema advertisements, the warning shall be clearly shown and voiced over in the last five (5) seconds of the advertisement, regardless of the duration of the advertisement, even when such advertisement is silent. The health warning shall occupy a total area of not less than fifty percent (50%) of the television screen and shall be clearly visible, legible and audible, in black text on white background or white text on black background. No other images except the warning shall be included in the warning frame.

d. For radio advertisements, the warning stated after the advertisement shall be clearly and audibly voiced over in the last five (5) seconds of the advertisement, regardless of its duration.

SECTION 15. Restrictions on Advertising.-The following restrictions shall apply to all tobacco advertising:

a. Advertisements shall not be aimed at or particularly appeal to persons under eighteen (18) years of age.

b. Advertisements shall not feature a celebrity or contain an endorsement, implied or express, by a celebrity.

c. Advertisements shall not contain cartoon characters or subjects that depict humans or animals with comically exaggerated features or that attribute human or unnatural characteristics to animals, plants or other objects.

d. Advertisements shall only depict persons who are or who appear to be above twenty-five (25) years of age.

e. Advertisements shall not show, portray or depict scenes where the actual use of, or the act of using, puffing or lighting cigarettes or other tobacco products is presented to the public.

SECTION 16. Restrictions on Print Media Advertising.-The following restrictions shall apply to all print media tobacco advertisements:

a. Advertisements shall not be placed in any printed publication unless there is a reasonable basis to believe that at least seventy-five percent (75%) of the readers of such publication are eighteen (18) years of age and above, and the number of youth who read it constitutes less than ten percent (10%) of all youth in the Philippines.

b. Advertisements shall not be placed on the packaging or outside covers (front and back) of a magazine, newspaper, journal or other publication printed for general circulation.

SECTION 17. Restrictions on Outdoor Advertising.-The following restrictions shall apply to all outdoor tobacco advertisements:

a. Outdoor advertisements shall not be placed on billboards, wall murals, or transport stops or stations which are within one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by persons below eighteen (18) years of age.

b. Outdoor advertisements shall not, either individually or when placed in deliberate combination with other outdoor tobacco advertising, exceed seventy (70) square meters in total size.

c. Outdoor advertisements shall not be placed on taxis, buses, trains or other public conveyance or in stations, terminals or platforms thereof, except point-of-sale establishments.

SECTION 18. Restrictions on Advertising in Cinemas.-Tobacco advertisements are prohibited in connection with the showing of any film where persons below eighteen (18) years old are permitted admission.

SECTION 19. Restrictions on Television and Radio Advertising.-Advertisements shall not be broadcast on television, cable television, and radio between seven o'clock in the morning and seven o'clock at night.

SECTION 20. Restrictions on Advertising in Audio, Video and Computer Cassettes/Discs and Similar Medium.-No electronic advertisements shall be incorporated within any video or audio cassette, videogame machine, optical disc, or any similar medium, unless access to the item is restricted to persons eighteen (18) years of age or older. For the purpose of this Section, video game includes any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is designed to be used with a television set or a monitor that interacts with the user of the device.

SECTION 21. Restrictions on Advertising on the Internet and Similar Medium.-Advertisements are prohibited on the Internet and other similar medium unless the Internet site is restricted to persons eighteen (18) years of age or older. A site will be deemed restricted if a person cannot obtain access beyond the first page of the website unless the person has established that he or she is at least eighteen (18) years old. This limitation applies to commercial communications and shall not prevent the use of company Internet websites to provide information regarding a company, its products and smoking and health related information. This Section shall not prohibit business-to-business transactions conducted on the Internet and other similar medium between tobacco manufacturers, retailers, and distributors.

SECTION 22. Ban on Advertisements.-Beginning 1 January 2007, all tobacco advertising on television, cable television and radio shall be prohibited.

Beginning 1 July 2007, all cinema and outdoor advertising shall be prohibited. No leaflets, posters and similar outdoor advertising materials may be posted, except inside the premises of point-of-sale retail establishments.

Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be prohibited except tobacco advertisements placed inside the premises of point-of-sale retail establishments.

SECTION 23. Restrictions on Tobacco Promotions.-The following restrictions shall apply on all tobacco promotions:

a. Promotions must be directed only to persons at least eighteen (18) years old. No person below eighteen (18) years old or who appear to be below eighteen (18) years old may participate in such promotions. The participants in promotions must be required to provide proof of age.

b. Communications to consumers about tobacco promotions shall comply with the provisions of this Act governing tobacco advertising. In addition to the required health warning, the age requirement for participation in any promotion must be clearly marked on the program materials distributed to consumers.

c. All stalls, booths, and other displays concerning tobacco promotions must be limited to point-of-sale locations or adult-only facilities.

d. Telephone communications concerning promotional offers, programs or events must include a recorded health warning message in English or Filipino consistent with the warnings specified in this Act.

e. No placement shall be made by any manufacturer, distributor, or retailer of any tobacco product or tobacco product package or advertisement as a prop in any television program or motion picture produced for viewing by the general public or in a video, optical disc or on a video game machine.

f. The name, logo, or other indicia of a cigarette brand may appear on cigarette lighters, ashtrays, or other smoking related items. If such name, logo, or other indicia of a cigarette brand is larger than fifty (50) square centimeters, the item must carry a health warning consistent with the warnings specified in this Act.

g. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors, backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or offered, directly or indirectly, with the name, logo or other indicia of a cigarette brand displayed so as to be visible to others when worn or used. Clothing items must be in adult sizes only.

h. No name, logo, or other indicia of a cigarette brand or element of a brand-related marketing activity, may appear on items that are marketed to or likely to be used by minors such as, but not limited to, sports equipment, toys, dolls, miniature replicas of racing vehicles, video games, and food. The manufacturer or company must take all available measures to prevent third parties from using the company's brand names, logos, or other proprietary material on products that are directed toward minors.

i. No tobacco advertisements may be placed on shopping bags.

SECTION 24. Naming Rights.-Subject to the provisions of this Act:

a. No manufacturer may enter into any agreement pursuant to which payment is made or other consideration is provided by such manufacturer to any sports league, or any team involved in any such league, in exchange for use of a tobacco product brand.

b. No manufacturer may enter into any agreement for the naming rights of any stadium or arena using a tobacco product brand name or otherwise cause a stadium or arena to be named with such a brand name.

SECTION 25. Restrictions on Sponsorships.-Beginning 1 July 2006:

a. No sponsorship shall be provided for:

1) an event or activity which bears a tobacco product brand name, unless there is reasonable basis to believe that all persons who compete, or otherwise take an active part, in the sponsored events or activities are persons eighteen (18) years of age or older;

2) a team or an individual bearing a tobacco product name, unless all persons sponsored are eighteen (18) years of age or older; or

3) a sponsored event or activity reasonably believed to be of particular appeal to persons under eighteen (18) years old.

b. Tobacco brand sponsorships shall be prohibited except where there is a reasonable basis to believe that:

1) attendance at the sponsored event or activity will comprise no less than seventy-five percent (75%) persons at least eighteen (18) years old;

2) the sponsored event or activity will not be of particular appeal to persons under eighteen (18) years old;

3) the sponsored event or activity will not receive exposure, other than as a news item, on television or radio or the Internet, unless such exposure complies with the provisions of this Act governing tobacco marketing through those media; and

4) the principal activity associated with the sponsorship does not require above-average physical fitness for someone of the age group of those taking part.

c. All persons authorized to bear tobacco product advertisements, logos or brand names at sponsored events shall be at least eighteen (18) years old.

d. All forms of advertising associated with or ancillary to sponsorship shall comply with the marketing provisions of this Act.

SECTION 26. Ban on Sponsorships.-Beginning 1 July 2008, cigarette and tobacco companies are hereby prohibited from sponsoring any sport, concert, cultural or art event, as well as individual and team athletes, artists or performers where such sponsorship shall require or involve the advertisement or promotion of any cigarette or tobacco company, tobacco product or tobacco use, name, logo or trademarks and other words, symbols, designs, colors or other depictions commonly associated with or likely to identify a tobacco product: Provided, That the attribution only to the name of the company in the roster of sponsors shall be allowed: Provided further, That no manufacturer may register a tobacco brand name as a company name after the passage of this Act.

SECTION 27. Restrictions on Sampling.-The distribution of samples of tobacco products to persons below eighteen (18) years old is prohibited.

SECTION 28. Legal Actions.-Any legal action in connection with the tobacco industry shall be governed by the provisions of the Philippine Civil Code and other applicable laws.

Implementing Agency and Application

SECTION 29. Implementing Agency.-An Inter-Agency Committee-Tobacco (IAC-Tobacco), which shall have the exclusive power and function to administer and implement the provisions of this Act, is hereby created. The IAC-Tobacco shall be chaired by the Secretary of the Department of Trade and Industry (DTI) with the Secretary of the Department of Health (DOH) as Vice Chairperson. The IAC-Tobacco shall have the following as members:

a. Secretary of the Department of Agriculture (DA);

b. Secretary of the Department of Justice (DOJ);

c. Secretary of the Department of Finance (DOF);

d. Secretary of the Department of Environment and Natural Resources (DENR);

e. Secretary of the Department of Science and Technology (DOST);

f. Secretary of the Department of Education (DepEd);

g. Administrator of the National Tobacco Administration (NTA);

h. A representative from the Tobacco Industry to be nominated by the legitimate and recognized associations of the industry; and

i. A representative from a nongovernment organization (NGO) involved in public health promotion nominated by DOH in consultation with the concerned NGOs;

The Department Secretaries may designate their Undersecretaries as their authorized representatives to the IAC.

SECTION 30. Application to Tobacco Products.-The provisions of this Act shall apply to all tobacco products placed into commerce in the Philippines. Except as provided below, no provision of this Act shall apply to tobacco products intended or offered by the manufacturer for export and not for [retail] sale in the Philippines.

Tobacco products intended or offered for export shall be subject only to the requirement that the shipping container shall be prominently marked on the outside "Export Only:" Provided, That, tobacco products which are marked for export, but are sold/traded or distributed in the Philippine market, shall be subject to immediate confiscation and destruction.

SECTION 31. Compliance Monitoring.-Not later than one (1) year after the date of the effectivity of this Act, and annually thereafter, the IAC-Tobacco shall submit to the President of the Philippines and to both Houses of Congress a Compliance Monitoring Report on the compliance of the manufacturers on all applicable laws and ordinances with respect to the manufacture and distribution of tobacco products.

The report shall contain pertinent information on the methods, goals and implementation program of said manufacturers with respect to the requirements of this Act.

Penal Provisions

SECTION 32. Penalties.-The following penalties shall apply:

a. Violation of Sections 5 and 6.-On the first offense, a fine of not less than Five hundred pesos (Php500.00) but not more than One thousand pesos (Php1,000.00) shall be imposed.

On the second offense, a fine of not less than One thousand pesos (Php1,000.00) but not more than Five thousand pesos (Php5,000.00) shall be imposed.

On the third offense, in addition to a fine of not less than Five thousand pesos (Php5,000.00) but not more than Ten thousand pesos (Php10,000.00), the business permits and licenses to operate shall be cancelled or revoked.

b. Violation of Sections 7, 8, 9, 10, and 11.-On the first offense, any person or any business entity or establishment selling to, distributing or purchasing a cigarette or any other tobacco products for a minor shall be fined the amount of not less than Five thousand pesos (Php5,000.00) or an imprisonment of not more than thirty (30) days, upon the discretion of the court. For succeeding offenses, both penalties shall apply in addition to the revocation of business licenses or permits in the case of a business entity or establishment.

If the violation is by an establishment of business entity, the owner, president, manager, or the most senior officers thereof shall be held liable for the offense.

If a minor is caught selling, buying or smoking cigarettes or any other tobacco products, the provisions of Article 189 of Presidential Decree No. 603 otherwise known as The Child and Youth Welfare Code, as amended, shall apply.

c. Violation of Sections 13 to 27.-On the first offense, a fine of not more than One hundred thousand pesos (Php100,000.00) or imprisonment of not more than one (1) year, or both, at the discretion of the court shall be imposed.

On the second offense, a fine of Two hundred thousand pesos (Php200,000.00) or imprisonment of not more than two (2) years, or both, at the discretion of the court shall be imposed.

On the third offense, in addition to a fine of not more than Four hundred thousand pesos (Php400,000.00) or imprisonment of not more than three (3) years, or both, at the discretion of the court, the business permits and licenses, in the case of a business entity or establishment, shall be revoked or cancelled.

In the case of a business entity or establishment, the owner, president, manager or officials thereof shall be liable.

If the guilty officer is an alien, he shall summarily be deported after serving his sentence, and shall be forever barred from re-entering the Philippines.

Programs and Projects

SECTION 33. Programs and Projects.-For a period not exceeding five (5) years, the National Government and the concerned departments and agencies shall provide the following programs and projects:

a. Tobacco Growers' Assistance Program-This program shall be utilized to support financially the tobacco farmers who may be displaced due to the implementation of this Act or has voluntarily ceased to produce tobacco. To avail of this program, a beneficiary shall present convincing and substantial evidence that:

1) He or she has been a tobacco farmer for the last three (3) years prior to January 1, 2004;

2) He or she belongs to the tobacco-producing provinces;

3) He or she has a certificate of eligibility to apply issued by the Local Government Unit and the NTA; and

4) He or she has ceased to plant tobacco for the next preceding season after the enactment of this Act.

b. Tobacco Growers' Cooperative.-This program shall promote cooperative programs to assist tobacco farmers in developing alternative farming systems, plant alternative crops and other livelihood projects. The requirements of subsection a) shall likewise apply.

c. National Smoking Cessation Program.-A National Smoking Cessation Program shall be undertaken with the approval of the IAC-Tobacco. The implementing rules and guidelines to reinforce this program shall be submitted to the IAC-Tobacco by the Secretary of Health within three (3) months after the effectivity of this Act.

d. Research and Development Program.-The IAC-Tobacco shall establish a research and development program to be spearheaded by the NTA in cooperation with the DOST, which will undertake studies concerning technologies and methods to reduce the risk of dependence and injury from tobacco product usage and exposure, alternative uses of tobacco and similar research programs.

e. National Tobacco-Free Public Education Program.-State Universities and Colleges and Technical and Vocational Schools shall provide scholarship programs for dependents of tobacco growers for which the administrator of the NTA shall provide implementing rules and guidelines. The guidelines shall be submitted to the IAC-Tobacco within three (3) months after the effectivity of this Act.

f. Displaced Cigarette Factory Workers' Assistance Program.-The Secretary of Labor and Employment, with the concurrence of the IAC-Tobacco shall establish a program to assist displaced, terminated/separated or retrenched cigarette factory workers as a result of the enactment of this Act. The Secretary of Labor in coordination with the NTA and DTI shall provide the rules and guidelines to effectuate this program and submit the same to the IAC-Tobacco within three (3) months after the effectivity of this Act.

g. Health Programs.-The IAC-Tobacco, in consultation with the DOH, shall be responsible for awarding grants to all medical institutions for the purpose of planning, carrying out, and evaluating activities related to smoking-related illnesses. The IAC-Tobacco shall submit to Congress and the President of the Philippines the annual report of expenditures related to this program.

h. Withdrawal Clinics.-The DOH shall establish smoking withdrawal clinics to provide counseling regarding the hazardous health effects of tobacco/cigarette smoking and to rehabilitate smokers from the hazardous effects of such products.

If a smoker-minor voluntarily submits himself for treatment, counseling, or rehabilitation in a smoking withdrawal clinic located in any medical institution in the Philippines, or through his parent/guardian, the expenses incurred shall be a reimbursable outpatient service of the Philippine Health Insurance Corporation.

Information Program

SECTION 34. Information Drive.-Consistent with the provisions of this Act, the DOH shall, in cooperation with the DepEd and with the assistance of the Philippine Information Agency (PIA), undertake a continuous information program on the harmful effects of smoking.

The DOH shall enlist the active participation of the public and private sectors in the national effort to discourage the unhealthy habit of smoking.

SECTION 35. Instruction on the Hazardous Effect of Smoking as Part of School Curricula.-Instruction on the adverse effects of cigarette/tobacco smoking, including their health, environmental and economic implications, shall be integrated into the existing curricula of all public and private elementary and high schools.

The DepEd Secretary shall promulgate such rules and regulations as may be necessary to carry out the abovestated policy hereof, and, with the assistance of the Secretary of Health, and with the approval of the IAC-Tobacco, shall cause the publication and distribution of materials on the unhealthy effects of smoking to students and the general public.

Miscellaneous Provisions

SECTION 36. Congressional Oversight Committee on Tobacco.-A Congressional Oversight Committee on Tobacco (COC-Tobacco) is hereby constituted which is mandated to monitor and review the implementation of this Act for a period not exceeding three (3) years. The COC-Tobacco shall be composed of the Chairpersons of the Senate Committees on Health, Trade and Commerce, Agriculture and Public Information and the House of Representatives Committees on Trade and Industry, Health, Public Information and Agriculture and a Member of the House of Representatives representing the tobacco producing provinces, to be nominated by all the Members of the House of Representatives from tobacco producing districts.

The Secretariat of the COC-Tobacco shall be drawn from the existing secretariat personnel of the standing committees comprising the Congressional Oversight Committee and its funding requirements shall be charged against the appropriations of both the House of Representatives and the Senate of the Philippines.

SECTION 37. Implementing Rules.-The IAC-Tobacco shall promulgate such rules and regulations necessary for the effective implementation of this Act within six (6) months from the date of publication of this Act. The said rules and regulations shall be submitted to the COC-Tobacco for its review. The COC-Tobacco shall approve the implementing rules and regulations within thirty (30) working days of receipt thereof: Provided, That in the event the implementing rules and regulations are not promulgated within the specified period, the specific provisions of this Act shall immediately be executory.

SECTION 38. Appropriations.-The amount necessary to implement the provisions of this Act shall be charged against the current year's appropriations of the concerned national government agencies. Thereafter, such funds as may be necessary for the continued implementation of this Act shall be included in the budgets of the concerned national government agencies under the annual General Appropriations Act.

SECTION 39. Repealing Clause.-DOH Administrative Orders No. 10 s. 1993 and No. 24 s. 2003 are hereby repealed. Article 94 of Republic Act No. 7394, as amended, otherwise known as the Consumer Act of the Philippines, is hereby amended.

All other laws, decrees, ordinances, administrative orders, rules and regulations, or any part thereof, which are inconsistent with this Act are likewise repealed or amended accordingly.

SECTION 40. Separability Clause.-Should any provision of this Act be subsequently declared unconstitutional, the other provisions not so declared shall remain in full force and effect.

SECTION 41. Effectivity.-This Act shall take effect fifteen (15) days after its publication in the Official Gazette and at least two (2) newspapers of national circulation.

Approved: June 23, 2003

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official gazette of the republic of the philippines - the official gazette is the official journal of the republic of the philippines. edited at the office of the president of the philippines under commonwealth act no. 638

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June 23, 2003 Republic Act No. 9211 AN ACT REGULATING THE PACKAGING, USE, SALE, DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES SECTION 1. Short Title.-This Act shall be known as the Tobacco Regulation Act of 2003. SECTION 2.

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What are Computer-generated Imagery (CGI)?

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What are Computer-generated Imagery (CGI)?

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Computer-generated Imagery (CGI) Is the application of computer graphics to create or contribute to images in art, printed media, video games, films, television programs, shorts, commercials, videos, and simulators. The images may be dynamic or static, and may be two-dimensional (2D), although the term "CGI" is most commonly used to refer to the 3-D computer graphics used for creating characters, scenes and special effects in films and television, which is described as 'CGI Animation'.

An example of the CGI is the "Servant Chase" in the Anime Film: "Fate/stay night: Heaven's Feel I. presage flower" of Studio Ufotable.

*This Youtube video is the Animation Material of Studio Ufotable in their Anime Film Fate/stay night: Heaven's Feel I. presage flower. This video is the breakdown of key frames such as Sketching frames, Modelling frames, Composition and Rendering frames of the 3D CGI that they use. The studio used Autodesk 3Ds Max and Adobe After Effects as the 3D and Compositing Softwares respectively according to a video of The Canipa Effect in Youtube about the Ufotable Digital Team and in Ufotable's website.

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Fate/stay night: Heaven's Feel Movie Animation Material

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What are Mobile Phone Art (Photos and Videos)

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What are Mobile Phone Art (Photos and Videos)

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Mobile Phone has evolved a lot. From a communication device to taking a high resolution picture everywhere. The cameras on mobile phone also evolved from a blurry, low resolution picture to a cleaner, sharper and high resolution pictures thanks to its camera.

These mobile phones are pocket-sized, light, and compact. Today, camera is one of the most looking specs in any type of phone due to the major improvements in the quality of what is offered like better lenses, high-capacity storages, higher megapixels, higher resolution and can done some basic editing like Manual Cropping and retouching.

A image below is an example of a Mobile Phone Art (Tokyo at Night using a Sony Xperia Z2)

Source of the picture: Android Authority

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Films is a medium for a host of moving images. It causes viewers to sit still while images unfurl before their eyes. Films engages us in a way that defines our time with it. Film is a medium that communicates to us.

Films before are black and white, silent movies but films now are colored, became talkies, became digitalized and use of the visual effects are present.

Some tools and techniques that a filmmaker uses to make films today are Camera (probably the latest models due to improved image quality, high-definition, interchangeable lenses, lessening further the visual effects. Video editing softwares like Adobe Premiere Pro.

Films such as 1917 (Directed by the multi-awarded Sam Mendes) is a good example of a Collaborative Effort in Filmmaking. The Film Director (which is Sam Mendes) was the one who involved in the concept and writing the script, directs the film, planning and framing of each shot, working closely with the editors.

Here is a Youtube Video of the behind-the-scenes of the film 1917 featuring also the one of the greatest camerawork of all time and the hardest to perfect (Directed by Roger Deakins), the One-long shot or the One-take shot which are a continuous shot of a specific scene without stopping or pausing any video recording.

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'1917' Behind-the-scenes Extended Featurette on One Long Shot

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What are Point-and-shoot and Digital single-lens reflex (DSLR) Camera Photography?

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What are Point-and-shoot and Digital single-lens reflex (DSLR) Camera Photography?

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Point-and-shoot camera (Also known as Compact Digital Camera or P&S) are preferred by many since it's cheaper and more portable but the downside of Point-and-shoot camera is the lack of options to give you full control of the settings, single and permanent lens, and lower resolution images but offer a number of automatic settings that the user can immediately use in different lighting conditions.

Digital Single-lens Reflex camera (Abbreviated as DSLR Camera) are used by hobbyist but generally used by professional photographers, especially for commercial purposes. It allows the photographer to manually control many of the elements that affect the outcome of the image. Owning a DSLR is generally costly and the equipment is comparatively heavy. Some of the advantage are Manual or Automatic control options, Removable and interchangeable lenses and higher resolution but the downside are DSLR are heavier and expensive.

Example: The camera on the left is a Canon G7X which is a Point-and-shoot Camera and the camera on the right is the Canon EOS 5D Mark IV which is a high-end DSLR Camera

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Comprehensive Dangerous Drugs Act of 2002 (or RA 9165) is a policy imposed by the government to deal with the state's problem with illegal drugs, particularly how it affects the youth.

Many experts in the field of law said that this Comprehensive Dangerous Drugs Act is one that needs to be taken seriously especially with young people due to lack of maturity and discernment on the importance of the following laws in the country.

This law covers the following:

Introducing a dangerous drug into a person's body by injection, inhalation or any other method unless it is done by a licensed practitioner and for medical purposes only.

Passing a dangerous drug to another personally or using another person or means.

Giving away or selling dangerous drugs

Illegal trafficking, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, export and possession of any dangerous drug and/or controlled precursor and essential chemical.

Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices.

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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Twelfth Congress First Regular Session Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand and one.
[REPUBLIC ACT NO. 9165]

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled.
SECTION 1. Short Title. - This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002".

SEC. 2. Declaration of Policy. - It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation.

ARTICLE I

DEFINITION OF TERMS

SEC. 3. Definitions. - As used in this Act, the following terms shall mean:

(a) Administer. - Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication.

(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.

(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 75, Article VIII of this Act.

d) Chemical Diversion. - The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

(e) Clandestine Laboratory. - Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical.

(f) Confirmatory Test. - An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.

(g) Controlled Delivery. - The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.

(h) Controlled Precursors and Essential Chemicals. - Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.

(i) Cultivate or Culture. - Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug.

(j) Dangerous Drugs. - Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act.

(k) Deliver. - Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.

(l) Den, Dive or Resort. - A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

(m) Dispense. - Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.

(n) Drug Dependence. - As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.

(o) Drug Syndicate. - Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.

(p) Employee of Den, Dive or Resort. - The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof.

(q) Financier. - Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.

(r) Illegal Trafficking. - The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.

(s) Instrument. - Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.

(t) Laboratory Equipment. - The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

(u) Manufacture. - The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose.

(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. - Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name. - Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other name. - Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

(y) Opium. - Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not.

(z) Opium Poppy. - Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.

(aa) PDEA. - Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.

(bb) Person. - Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations.

(cc) Planting of Evidence. - The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this Act.

(dd) Practitioner. - Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines.

(ee) Protector/Coddler. - Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.

(ff) Pusher. - Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.

(gg) School. - Any educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site.

(hh) Screening Test. - A rapid test performed to establish potential/presumptive positive result.

(ii) Sell. - Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration.

(jj) Trading. - Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act.

(kk) Use. - Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous drugs.

ARTICLE II

UNLAWFUL ACTS AND PENALTIES

SEC. 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

SEC. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemicals trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

SEC. 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form.

The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government: Provided, That the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part of the owner to use the property for such purpose: Provided, finally, That the owner shall be included as an accused in the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. ITHADC

SEC. 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

(b) Any person who, not being included in the provisions of the next preceding paragraph, is aware of the nature of the place as such and shall knowingly visit the same.

SEC. 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s;

(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations; or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

SEC. 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical.

SEC. 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs.

SEC. 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five hundred (500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.

SEC. 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof.

The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.

SEC. 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. - Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs.

SEC. 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons.

SEC. 15. Use of Dangerous Drugs. - A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.

SEC. 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical experiments and research purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. If the land involved is part of the public domain, the maximum penalty provided for under this Section shall be imposed upon the offender.

The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.

SECTION 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in case of a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer.

SEC. 18. Unnecessary Prescription of Dangerous Drugs. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological condition does not require the use or in the dosage prescribed therein, as determined by the Board in consultation with recognized competent experts who are authorized representatives of professional organizations of practitioners, particularly those who are involved in the care of persons with severe pain.

SEC. 19. Unlawful Prescription of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

SEC. 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. - Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the property pending disposition, as well as expenses for publication and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs.

SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. - The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: Provider, further, That a representative sample, duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her presence shall not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a member of the public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs defined herein which are presently in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence of representatives of the Court, DOJ, Department of Health (DOH) and the accused and/or his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the DOH.

SEC. 22. Grant of Compensation, Reward and Award. - The Board shall recommend to the concerned government agency the grant of compensation, reward and award to any person providing information and to law enforcers participating in the operation, which results in the successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals.

SEC. 23. Plea-Bargaining Provision. - Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

SEC. 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. - Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended.

SEC. 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. - Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable.

SEC. 26. Attempt or Conspiracy. - Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act:

(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and

(e) Cultivation or culture of plants which are sources of dangerous drugs.

SEC. 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or -controlled corporations.

SEC. 28. Criminal Liability of Government Officials and Employees. - The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees.

SEC. 29. Criminal Liability for Planting of Evidence. - Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death.

SEC. 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. - In case any violation of this Act is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal.

The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated.

SEC. 31. Additional Penalty if Offender is an Alien. - In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death.

SEC. 32. Liability to a Person Violating Any Regulation Issued by the Board. - The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by the Board.

SEC. 33. Immunity from Prosecution and Punishment. - Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, That the following conditions concur:

(1) The information and testimony are necessary for the conviction of the persons described above;

(2) Such information and testimony are not yet in the possession of the State;

(3) Such information and testimony can be corroborated on its material points;

(4) The informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and

(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment.

Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.

SEC. 34. Termination of the Grant of Immunity. - The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated.

In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.

In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this Act.

SEC. 35. Accessory Penalties. - A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to, the rights of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction.

ARTICLE III

DANGEROUS DRUGS TEST AND RECORD REQUIREMENTS

SEC. 36. Authorized Drug Testing. - Authorized drug testing shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two (2) testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo drug testing:

(a) Applicants for driver's license. - No driver's license shall be issued or renewed to any person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside of residence. - All applicants for firearm's license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided, That all persons who by the nature of their profession carry firearms shall undergo drug testing;

(c) Students of secondary and tertiary schools. - Students of secondary and tertiary schools shall, pursuant to the related rules and regulations as contained in the school's student handbook and with notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses whether in public or private schools under this Section will be borne by the government;

(d) Officers and employees of public and private offices. - Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company's work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law;

(e) Officers and members of the military, police and other law enforcement agencies. - Officers and members of the military, police and other law enforcement agencies shall undergo an annual mandatory drug test;

(f) All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be subject to the provisions of Section 15 of this Act.

SEC. 37. Issuance of False or Fraudulent Drug Test Results. - Any person authorized, licensed or accredited under this Act and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a practitioner, and the closure of the drug testing center.

SEC. 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. - Subject to Section 15 of this Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test within twenty-four (24) hours, if the apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms or other visible or outward manifestation, is under the influence of dangerous drugs. If found to be positive, the results of the screening laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method, if confirmed the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of this Act: Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court of law.

SEC. 39. Accreditation of Drug Testing Centers and Physicians. - The DOH shall be tasked to license and accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity and stability to conduct the laboratory examinations and tests provided in this Article, and appoint such technical and other personnel as may be necessary for the effective implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and follow-up program for the said drug dependent. There shall be a control regulations, licensing and accreditation division under the supervision of the DOH for this purpose.

For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, which must be provided at least with basic technologically advanced equipment and materials, in order to conduct the laboratory examination and tests herein provided, and appoint such qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision.

SEC. 40. Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals.

a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep an original record of sales, purchases, acquisitions and deliveries of dangerous drugs, indicating therein the following information:

(1) License number and address of the pharmacist;

(2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have been purchased;

(3) Quantity and name of the dangerous drugs purchased or acquired;

(4) Date of acquisition or purchase;

(5) Name, address and community tax certificate number of the buyer;

(6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same;

(7) Quantity and name of the dangerous drugs sold or delivered; and

(8) Date of sale or delivery.

A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within fifteen (15) days following the last day of June and December of each year, with a copy thereof furnished the city or municipal health officer concerned.

(b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription therefor in one (1) original and two (2) duplicate copies. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of one (1) year from the date of sale or delivery of such drug. One (1) copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription.

For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be written on forms exclusively issued by and obtainable from the DOH. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and contain such information and other data as the DOH may, by rules and regulations, require. Such forms shall only be issued by the DOH through its authorized employees to licensed physicians, dentists, veterinarians and practitioners in such quantities as the Board may authorize. In emergency cases, however, as the Board may specify in the public interest, a prescription need not be accomplished on such forms. The prescribing physician, dentist, veterinarian or practitioner shall, within three (3) days after issuing such prescription, inform the DOH of the same in writing. No prescription once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled.

(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or controlled precursors and essential chemicals shall keep a record of all inventories, sales, purchases, acquisitions and deliveries of the same as well as the names, addresses and licenses of the persons from whom such items were purchased or acquired or to whom such items were sold or delivered, the name and quantity of the same and the date of the transactions. Such records may be subjected anytime for review by the Board.

ARTICLE IV

PARTICIPATION OF THE FAMILY, STUDENTS,
TEACHERS AND SCHOOL AUTHORITIES IN
THE ENFORCEMENT OF THIS ACT

SEC. 41. Involvement of the Family. - The family being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family members who may be susceptible to drug abuse.

SEC. 42. Student Councils and Campus Organizations. - All elementary, secondary and tertiary schools' student councils and campus organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug dependence.

SEC. 43. School Curricula. - Instruction on drug abuse prevention and control shall be integrated in the elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, vocational or agro-industrial as well as in non-formal, informal and indigenous learning systems. Such instructions shall include:

(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school and the community;

(2) Preventive measures against drug abuse;

(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem;

(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for the treatment and rehabilitation of drug dependents; and

(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental stigmatization in the consciousness of the students.

SEC. 44. Heads, Supervisors, and Teachers of Schools. - For the purpose of enforcing the provisions of Article II of this Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers.

Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or immediate superior who shall, in turn, report the matter to the proper authorities.

Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities.

SEC. 45. Publication and Distribution of Materials on Dangerous Drugs. - With the assistance of the Board, the Secretary of the Department of Education (DepEd), the Chairman of the Commission on Higher Education (CHED) and the Director-General of the Technical Education and Skills Development Authority (TESDA) shall cause the development, publication and distribution of information and support educational materials on dangerous drugs to the students, the faculty, the parents, and the community.

SEC. 46. Special Drug Education Center. - With the assistance of the Board, the Department of the Interior and Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and Development (DSWD) shall establish in each of its provincial office a special education drug center for out-of-school youth and street children. Such Center which shall be headed by the Provincial Social Welfare Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanage and existing special centers for street children.

ARTICLE V

PROMOTION OF A NATIONAL DRUG-FREE
WORKPLACE PROGRAM WITH THE PARTICIPATION OF
PRIVATE AND LABOR SECTORS AND THE DEPARTMENT
OF LABOR AND EMPLOYMENT

SEC. 47. Drug-Free Workplace. - It is deemed a policy of the State to promote drug-free workplaces using a tripartite approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten (10) or more employees. Such program shall include the mandatory drafting and adoption of company policies against drug use in the workplace in close consultation and coordination with the DOLE, labor and employer organizations, human resource development managers and other such private sector organizations.

SEC. 48. Guidelines for the National Drug-Free Workplace Program. - The Board and the DOLE shall formulate the necessary guidelines for the implementation of the national drug-free workplace program. The amount necessary for the implementation of which shall be included in the annual General Appropriations Act.

ARTICLE VI

PARTICIPATION OF THE PRIVATE AND LABOR
SECTORS IN THE ENFORCEMENT OF THIS ACT

SEC. 49. Labor Organizations and the Private Sector. - All labor unions, federations, associations, or organizations in cooperation with the respective private sector partners shall include in their collective bargaining or any similar agreements, joint continuing programs and information campaigns for the laborers similar to the programs provided under Section 47 of this Act with the end in view of achieving a drug free workplace.

SEC. 50. Government Assistance. - The labor sector and the respective partners may, in pursuit of the programs mentioned in the preceding Section, secure the technical assistance, such as but not limited to, seminars and information dissemination campaigns of the appropriate government and law enforcement agencies.

ARTICLE VII

PARTICIPATION OF
LOCAL GOVERNMENT UNITS

SEC. 51. Local Government Units' Assistance. - Local government units shall appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents.

SEC. 52. Abatement of Drug Related Public Nuisances. - Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following procedures:

(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances;

(2) Any employee, officer, or resident of the city or municipality may bring a complaint before the Board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address; and

(3) After hearing in which the Board may consider any evidence, including evidence of the general reputation of the place or premises, and at which the owner of the premises shall have an opportunity to present evidence in his/her defense, the Board may declare the place or premises to be a public nuisance.

SEC. 53. Effect of Board Declaration. - If the Board declares a place or premises to be a public nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance.

An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order. The Board may bring a complaint seeking a permanent injunction against any nuisance described under this Section.

This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance.

ARTICLE VIII

PROGRAM FOR TREATMENT AND
REHABILITATION OF DRUG DEPENDENTS

SEC. 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. - A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. If the examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center designated by the Board for a period of not less than six (6) months: Provided, That a drug dependent may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a first-time offender and non-confinement in a Center will not pose a serious danger to his/her family or the community.

Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the Court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community.

SEC. 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. - A drug dependent under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the criminal liability under Section 15 of this Act subject to the following conditions:

(1) He/she has complied with the rules and regulations of the Center, the applicable rules and regulations of the Board, including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center or, in the case of a dependent placed under the care of the DOH-accredited physician, the after-care program and follow-up schedule formulated by the DSWD and approved by the Board: Provided, That capability-building of local government social workers shall be undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she surrendered by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, within one (1) week from the date of the said escape; and

(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability.

SEC. 56. Temporary Release from the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission Program. - Upon certification of the Center that the drug dependent within the voluntary submission program may be temporarily released, the Court shall order his/her release on condition that said drug dependent shall report to the DOH for after-care and follow-up treatment, including urine testing, for a period not exceeding eighteen (18) months under such terms and conditions that the Court may impose.

If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may be discharged by the Court, subject to the provisions of Section 55 of this Act, without prejudice to the outcome of any pending case filed in court.

However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months, the drug dependent requires further treatment and rehabilitation in the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for temporary release and ordered released for another after-care and follow-up program pursuant to this Section.

SEC. 57. Probation and Community Service Under the Voluntary Submission Program. - A drug dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program, but does not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the provisions of this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice to the outcome of any pending case filed in court.

Such drug dependent shall undergo community service as part of his/her after-care and follow-up program, which may be done in coordination with nongovernmental civic organizations accredited by the DSWD, with the recommendation of the Board.

SEC. 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program. - A drug dependent, who is not rehabilitated after the second commitment to the Center under the voluntary submission program, shall, upon recommendation of the Board, be charged for violation of Section 15 of this Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in the service of his/her sentence.

SEC. 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. - Should a drug dependent under the voluntary submission program escape from the Center, he/she may submit himself/herself for recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him for recommitment, in which case the corresponding order shall be issued by the Board.

Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to the court for a recommitment order upon proof of previous commitment or his/her voluntary submission by the Board, the court may issue an order for recommitment within one (1) week.

If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be charged for violation of Section 15 of this Act and be subjected under Section 61 of this Act, either upon order of the Board or upon order of the court, as the case may be.

SEC. 60. Confidentiality of Records Under the Voluntary Submission Program. - Judicial and medical records of drug dependents under the voluntary submission program shall be confidential and shall not be used against him for any purpose, except to determine how many times, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment and rehabilitation or has been committed to a Center under this program.

SEC. 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. - Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose.

A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two (2) physicians accredited by the Board. If both physicians conclude that the respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. If the court finds him a drug dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event, the order of discharge or order of confinement or commitment shall be issued not later than fifteen (15) days from the filing of the appropriate petition.

SEC. 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation. - If a person charged with an offense where the imposable penalty is imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and transmit copies of the record of the case to the Board.

In the event the Board determines, after medical examination, that public interest requires that such drug dependent be committed to a center for treatment and rehabilitation, it shall file a petition for his/her commitment with the regional trial court of the province or city where he/she is being investigated or tried: Provided, That where a criminal case is pending in court, such petition shall be filed in the said court. The court shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his/her commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the court every four (4) months, or as often as the court may require, a written report on the progress of the treatment. If the dependent is rehabilitated, as certified by the Center and the Board, he/she shall be returned to the court, which committed him, for his/her discharge therefrom.

Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the case may be. In case of conviction, the judgment shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he/she shall be given full credit for the period he/she was confined in the Center: Provided, however, That when the offense is for violation of Section 15 of this Act and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the Center upon his/her release therefrom after certification by the Center and the Board that he/she is rehabilitated.

SEC. 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program. - The period of prescription of the offense charged against a drug dependent under the compulsory submission program shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board.

Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall order his/her release on condition that he/she shall report to the Board through the DOH for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such terms and conditions as may be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation, the court shall order his/her final discharge from confinement and order for the immediate resumption of the trial of the case for which he/she is originally charged. Should the Board through the DOH find at anytime during the after-care and follow-up period that he/she requires further treatment and rehabilitation, it shall report to the court, which shall order his/her recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom, he/she may resubmit himself/herself for confinement within one (1) week from the date of his/her escape; or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within the same period, surrender him for recommitment. If, however, the drug dependent does not resubmit himself/herself for confinement or he/she is not surrendered for recommitment, the Board may apply with the court for the issuance of the recommitment order. Upon proof of previous commitment, the court shall issue an order for recommitment. If, subsequent to such recommitment, he/she should escape again, he/she shall no longer be exempt from criminal liability for use of any dangerous drug.

A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt from criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case filed in court. On the other hand, a drug dependent who is not rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15 of this Act again without prejudice to the outcome of any pending case filed in court.

SEC. 64. Confidentiality of Records Under the Compulsory Submission Program. - The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or who was charged for violation of Section 15 of this Act, shall be covered by Section 60 of this Act. However, the records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the court and their use shall be determined by the court, taking into consideration public interest and the welfare of the drug dependent.

SEC. 65. Duty of the Prosecutor in the Proceedings. - It shall be the duty of the provincial or the city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act.

SEC. 66. Suspension of Sentence of a First-Time Minor Offender. - An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions:

(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws;

(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and

(c) The Board favorably recommends that his/her sentence be suspended.

While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months.

Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months.

In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section.

SEC. 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. - If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings.

Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose.

SEC. 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. - The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated.

SEC. 69. Promulgation of Sentence for First-Time Minor Offender. - If the accused first-time minor offender violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person.

SEC. 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. - Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided under this Act is higher than that provided under existing law on probation, or impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order.

The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its discretion may require extension of the community service or order a final discharge.

In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.

If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served.

SEC. 71. Records to be kept by the Department of Justice. - The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender.

SEC. 72. Liability of a Person Who Violates the Confidentiality of Records. - The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone who, having gained possession of said records, whether lawfully or not, reveals their content to any person other than those charged with the prosecution of the offenses under this Act and its implementation. The maximum penalty shall be imposed, in addition to absolute perpetual disqualification from any public office, when the offender is a government official or employee. Should the records be used for unlawful purposes, such as blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of.

SEC. 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency. - Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in any manner, prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug dependent, whether under voluntary submission program or compulsory submission program, may be cited for contempt by the court.

SEC. 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. - The parent, spouse, guardian or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary submission program or compulsory submission program shall be charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into consideration the economic status of the family of the person confined. The guidelines therein formulated shall be implemented by a social worker of the local government unit.

SEC. 75. Treatment and Rehabilitation Centers. - The existing treatment and rehabilitation centers for drug dependents operated and maintained by the NBI and the PNP shall be operated, maintained and managed by the DOH in coordination with other concerned agencies. For the purpose of enlarging the network of centers, the Board through the DOH shall encourage, promote or whenever feasible, assist or support in the establishment, operations and maintenance of private centers which shall be eligible to receive grants, donations or subsidy from either government or private sources. It shall also support the establishment of government-operated regional treatment and rehabilitation centers depending upon the availability of funds. The national government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in each province, depending on the availability of funds.

SEC. 76. The Duties and Responsibilities of the Department of Health (DOH) Under this Act. - The DOH shall:

(1) Oversee and monitor the integration, coordination and supervision of all drug rehabilitation, intervention, after-care and follow-up programs, projects and activities as well as the establishment, operations, maintenance and management of privately-owned drug treatment rehabilitation centers and drug testing networks and laboratories throughout the country in coordination with the DSWD and other agencies;

(2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct and support scientific research on drugs and drug control;

(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting minimum standards for their accreditation to assure their competence, integrity and stability;

(4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it may deem necessary after conducting a feasibility study thereof,

(5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating this Act, order the closure of a Center for treatment and rehabilitation of drug dependency when, after investigation it is found guilty of violating the provisions of this Act or regulations issued by the Board; and

(6) Charge reasonable fees for drug dependency examinations, other medical and legal services provided to the public, which shall accrue to the Board. All income derived from these sources shall be part of the funds constituted as special funds for the implementation of this Act under Section 87.

ARTICLE IX

DANGEROUS DRUGS BOARD AND
PHILIPPINE DRUG ENFORCEMENT AGENCY

SEC. 77. The Dangerous Drugs Board. - The Board shall be the policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control. It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy. It shall be under the Office of the President.

SEC. 78. Composition of the Board. - The Board shall be composed of seventeen (17) members wherein three (3) of which are permanent members, the other twelve (12) members shall be in an ex officio capacity and the two (2) shall be regular members.

The three (3) permanent members, who shall possess at least seven-year training and experience in the field of dangerous drugs and in any of the following fields: in law, medicine, criminology, psychology or social work, shall be appointed by the President of the Philippines. The President shall designate a Chairman, who shall have the rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. Of the two (2) other members, who shall both have the rank of undersecretary, one (1) shall serve for four (4) years and the other for two (2) years. Thereafter, the persons appointed to succeed such members shall hold office for a term of six (6) years and until their successors shall have been duly appointed and qualified.

The other twelve (12) members who shall be ex officio members of the Board are the following:

(1) Secretary of the Department of Justice or his/her representative;

(2) Secretary of the Department of Health or his/her representative;

(3) Secretary of the Department of National Defense or his/her representative;

(4) Secretary of the Department of Finance or his/her representative;

(5) Secretary of the Department of Labor and Employment or his/her representative;

(6) Secretary of the Department of the Interior and Local Government or his/her representative;

(7) Secretary of the Department of Social Welfare and Development or his/her representative;

(8) Secretary of the Department of Foreign Affairs or his/her representative;

(9) Secretary of the Department of Education or his/her representative;

(10) Chairman of the Commission on Higher Education or his/her representative;

(11) Chairman of the National Youth Commission; and

(12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose ranks shall in no case be lower than undersecretary.

The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and

(b) The chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the President of the Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and shall attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances: Provided, That where the representative of an ex officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem.

SEC. 79. Meetings of the Board. - The Board shall meet once a week or as often as necessary at the discretion of the Chairman or at the call of any four (4) other members. The presence of nine (9) members shall constitute a quorum.

SEC. 80. Secretariat of the Board. - The Board shall recommend to the President of the Philippines the appointment of an Executive Director, with the rank of an undersecretary, who shall be the Secretary of the Board and administrative officer of its secretariat, and shall perform such other duties that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work.

Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall be appointed by the President upon recommendation of the Board. They shall possess the same qualifications as those of the executive director. They shall receive a salary corresponding to their position as prescribed by the Salary Standardization Law as a Career Service Officer.

The existing secretariat of the Board shall be under the administrative control and supervision of the Executive Director. It shall be composed of the following divisions, namely: Policy Studies, Research and Statistics; Preventive Education, Training and Information; Legal Affairs; and the Administrative and Financial Management.

SEC. 81. Powers and Duties of the Board. - The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national drug use prevention and control strategy;

(b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act, including the manner of safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical under its charge and custody, and prescribe administrative remedies or sanctions for the violations of such rules and regulations;

(c) Conduct policy studies, program monitoring and evaluations and other researches on drug prevention, control and enforcement;

(d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological researches on dangerous drugs and dangerous drugs prevention and control measures;

(e) Develop an educational program and information drive on the hazards and prevention of illegal use of any dangerous drug and/or controlled precursor and essential chemical based on factual data, and disseminate the same to the general public, for which purpose the Board shall endeavor to make the general public aware of the hazards of any dangerous drug and/or controlled precursor and essential chemical by providing among others, literature, films, displays or advertisements and by coordinating with all institutions of learning as well as with all national and local enforcement agencies in planning and conducting its educational campaign programs to be implemented by the appropriate government agencies.

(f) Conduct continuing seminars for, and consultations with, and provide information materials to judges and prosecutors in coordination with the Office of the Court Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which aim to provide them with the current developments and programs of the Board pertinent to its campaign against dangerous drugs and its scientific researches on dangerous drugs, its prevention and control measures;

(g) Design special trainings in order to provide law enforcement officers, members of the judiciary, and prosecutors, school authorities and personnel of centers with knowledge and know-how in dangerous drugs and/or controlled precursors and essential chemicals control in coordination with the Supreme Court to meet the objectives of the national drug control programs;

(h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies involved in drugs control, treatment and rehabilitation, both public and private, a national treatment and rehabilitation program for drug dependents including a standard aftercare and community service program for recovering drug dependents;

(i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as well as nongovernment organizations a drug abuse prevention program in the workplace that would include a provision for employee assistance programs for emotionally-stressed employees;

(j) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation centers based on verified reports of human rights violations, subhuman conditions, inadequate medical training and assistance and excessive fees for implementation by the PDEA;

(k) Prescribe and promulgate rules and regulations governing the establishment of such centers, networks and laboratories as deemed necessary after conducting a feasibility study in coordination with the DOH and other government agencies;

(l) Receive, gather, collect and evaluate all information on the importation, exportation, production, manufacture, sale, stocks, seizures of and the estimated need for any dangerous drug and/or controlled precursor and essential chemical, for which purpose the Board may require from any official, instrumentality or agency of the government or any private person or enterprise dealing in, or engaged in activities having to do with any dangerous drug and/or controlled precursors and essential chemicals such data or information as it may need to implement this Act;

(m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks, seizures of and estimated need for any dangerous drug and/or controlled precursors and essential chemicals and such other statistical data on said drugs as may be periodically required by the United Nations Narcotics Drug Commission, the World Health Organization and other international organizations in consonance with the country's international commitments;

(n) Develop and maintain international networking coordination with international drug control agencies and organizations, and implement the provisions of international conventions and agreements thereon which have been adopted and approved by the Congress of the Philippines;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in coordination with the PDEA, about all dangerous drugs and/or controlled precursors and essential chemicals-related cases to which they have attended for statistics and research purposes;

(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer and dispose the same when necessary for the benefit of government and private rehabilitation centers subject to limitations, directions and instructions from the donors, if any;

(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment, rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and regulations pertaining to the application and its enforcement;

(r) Formulate guidelines, in coordination with other government agencies, the importation, distribution, production, manufacture, compounding, prescription, dispensing and sale of, and other lawful acts in connection with any dangerous drug, controlled precursors and essential chemicals and other similar or analogous substances of such kind and in such quantity as it may deem necessary according to the medical and research needs or requirements of the country including diet pills containing ephedrine and other addictive chemicals and determine the quantity and/or quality of dangerous drugs and precursors and essential chemicals to be imported, manufactured and held in stock at any given time by authorized importer, manufacturer or distributor of such drugs;

(s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of dangerous drugs into and out of the country to neutralize transnational crime syndicates involved in illegal trafficking of any dangerous drug and/or controlled precursors and essential chemicals;

(t) Recommend the revocation of the professional license of any practitioner who is an owner, co-owner, lessee, or in the employ of the drug establishment, or manager of a partnership, corporation, association, or any juridical entity owning and/or controlling such drug establishment, and who knowingly participates in, or consents to, tolerates, or abets the commission of the act of violations as indicated in the preceding paragraph, all without prejudice to the criminal prosecution of the person responsible for the said violation;

(u) Appoint such technical, administrative and other personnel as may be necessary for the effective implementation of this Act, subject to the Civil Service Law and its rules and regulations;

(v) Establish a regular and continuing consultation with concerned government agencies and medical professional organizations to determine if balance exists in policies, procedures, rules and regulations on dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be improved and facilitated; and

(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the Senate and House of Representatives committees concerned as may be required from time to time, and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned.

SECTION 82. Creation of the Philippine Drug Enforcement Agency (PDEA). - To carry out the provisions of this Act, the PDEA, which serves as the implementing arm of the Board, and shall be responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in this Act.

The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for the general administration and management of the Agency. The Director General of the PDEA shall be appointed by the President of the Philippines and shall perform such other duties that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by two (2) deputies director general with the rank of Assistant Secretary; one for Operations and the other one for Administration. The two (2) deputies director general shall likewise be appointed by the President of the Philippines upon recommendation of the Board. The two (2) deputies director general shall possess the same qualifications as those of the Director General of the PDEA. The Director General and the two (2) deputies director general shall receive the compensation and salaries as prescribed by law.

SEC. 83. Organization of the PDEA. - The present Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center as created by Executive Order No. 61 shall be accordingly modified and absorbed by the PDEA.

The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be submitted to the Board for approval.

For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act, the PDEA shall have the following Services, namely: Intelligence and Investigation; International Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial Management; Logistics Management; and Internal Affairs.

The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the implementation of this Act and the policies, programs, and projects of said agency in their respective regions.

SEC. 84. Powers and Duties of the PDEA. - The PDEA shall:

(a) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board thereby carrying out a national drug campaign program which shall include drug law enforcement, control and prevention campaign with the assistance of concerned government agencies;

(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts and penalties involving any dangerous drug and/or controlled precursor and essential chemical and investigate all violators and other matters involved in the commission of any crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as provided for in this Act and the provisions of Presidential Decree No. 1619;

(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation involving the violations of this Act;

(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds of the crimes as provided by law and take custody thereof, for this purpose the prosecutors and enforcement agents are authorized to possess firearms, in accordance with existing laws;

(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement agency, if no longer needed for purposes of evidence in court;

(f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on seized or confiscated drugs, thereby hastening its destruction without delay;

(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating the provisions of this Act and in accordance with the pertinent provisions of the Anti-Money-Laundering Act of 2001;

(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws on dangerous drugs, controlled precursors and essential chemicals, and other similar controlled substances, and assist, support and coordinate with other government agencies for the proper and effective prosecution of the same;

(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office, which appear from the package and address itself to be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals, through on-line or cyber shops via the internet or cyberspace;

(j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted;

(k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against drug abuse in every province, city, municipality and barangay with the active and direct participation of all such local government units and nongovernmental organizations, including the citizenry, subject to the provisions of previously formulated programs of action against dangerous drugs;

(l) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies, other government agencies/offices and local government units that will assist in its apprehension of big-time drug lords;

(m) Establish and maintain close coordination, cooperation and linkages with international drug control and administration agencies and organizations, and implement the applicable provisions of international conventions and agreements related to dangerous drugs to which the Philippines is a signatory;

(n) Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and transmit evidence to the proper court, wherein members of the said unit shall possess suitable and adequate firearms for their protection in connection with the performance of their duties: Provided, That no previous special permit for such possession shall be required;

(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in coordination with the Board, about all dangerous drugs and/or controlled precursors and essential chemicals which they have attended to for data and information purposes;

(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and regulations for the proper implementation of this Act;

(q) Initiate and undertake a national campaign for drug prevention and drug control programs, where it may enlist the assistance of any department, bureau, office, agency or instrumentality of the government, including government-owned and/or -controlled corporations, in the anti-illegal drugs drive, which may include the use of their respective personnel, facilities, and resources for a more resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers; and

(r) Submit an annual and periodic reports to the Board as may be required from time to time, and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned.

SEC. 85. The PDEA Academy. - Upon the approval of the Board, the PDEA Academy shall be established either in Baguio or Tagaytay City, and in such other places as may be necessary. The PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and personnel. The Board shall provide for the qualifications and requirements of its recruits who must be at least twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate degree holder.

The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period of five (5) years during which all the intelligence network and standard operating procedures of the PDEA has been set up and operationalized.

The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed by the PDEA Director General.

SEC. 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions. - The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task as detail service with the PDEA, subject to screening, until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided, That such personnel who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges granted to their respective positions in their original mother agencies.

The transfer, absorption and integration of the different offices and units provided for in this Section shall take effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA.

Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws: Provided, however, That when the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of the task force shall immediately transfer the same to the PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters.

ARTICLE X

APPROPRIATIONS, MANAGEMENT
OF FUNDS AND ANNUAL REPORT

SEC. 87. Appropriations. - The amount necessary for the operation of the Board and the PDEA shall be charged against the current year's appropriations of the Board, the National Drug Law Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug abuse units of the different law enforcement agencies integrated into the PDEA in order to carry out the provisions of this Act. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

All receipts derived from fines, fees and other income authorized and imposed in this Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a special account in the general fund for the implementation of this Act: Provided, That no amount shall be disbursed to cover the operating expenses of the Board and other concerned agencies: Provided, further, That at least fifty percent (50%) of all the funds shall be reserved for assistance to government-owned and/or operated rehabilitation centers.

The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within thirty (30) days after these are collected and declared forfeited.

A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of establishing adequate drug rehabilitation centers in the country and also for the maintenance and operations of such centers: Provided, That the said amount shall be taken from the fifty percent (50%) share of the National Government in the income of PAGCOR: Provided, further, That the said amount shall automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the Commission on Audit (COA).

The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for purposes related to their functions, subject to the existing guidelines set by the government.

SEC. 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. - The Board shall manage the funds as it may deem proper for the attainment of the objectives of this Act. In addition to the periodic reports as may be required under this Act, the Chairman of the Board shall submit to the President of the Philippines and to the presiding officers of both houses of Congress, within fifteen (15) days from the opening of the regular session, an annual report on the dangerous drugs situation in the country which shall include detailed account of the programs and projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of this Act, recommended remedial legislation; if needed, and such other relevant facts as it may deem proper to cite.

SECTION 89. Auditing the Accounts and Expenses of the Board and the PDEA. - All accounts and expenses of the Board and the PDEA shall be audited by the COA or its duly authorized representative.

ARTICLE XI

JURISDICTION OVER
DANGEROUS DRUGS CASES

SEC. 90. Jurisdiction. - The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.

The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case for resolution.

SEC. 91. Responsibility and Liability of Law Enforcement Agencies and Other Government Officials and Employees in Testing as Prosecution Witnesses in Dangerous Drugs Cases. - Any member of law enforcement agencies or any other government official and employee who, after due notice, fails or refuses intentionally or negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this Act, without any valid reason, shall be punished with imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less than Five hundred thousand pesos (P500,000.00), in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or re-assigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. However, the concerned member of the law enforcement agency or government employee may be transferred or re-assigned for compelling reasons: Provided, That his/her immediate superior shall notify the court where the case is pending of the order to transfer or re-assign, within twenty-four (24) hours from its approval: Provided, further, That his/her immediate superior shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of such order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law.

SEC. 92. Delay and Bungling in the Prosecution of Drug Cases. - Any government officer or employee tasked with the prosecution of drug-related cases under this Act, who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.

SEC. 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. - The Board shall have the power to reclassify, add to or remove from the list of dangerous drugs. Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA, the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a national or local government agency, or an individual citizen. When a petition is received by the Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an investigation of a drug at any time based upon the information received from law enforcement laboratories, national and local law enforcement and regulatory agencies, or other sources of information.

The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified, added or removed from control:

(a) Its actual or relative potential for abuse;

(b) Scientific evidence of its pharmacological effect if known;

(c) The state of current scientific knowledge regarding the drug or other substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already controlled under this Act.

The Board shall also take into accord the obligations and commitments to international treaties, conventions and agreements to which the Philippines is a signatory.

The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification, addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation once a week for two (2) weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the penalties for the violations of this Act involving the two latter categories of drugs shall, in case of conviction, be imposed in all pending criminal prosecutions;

(b) In case a precursor and essential chemicals is reclassified as dangerous drug, the penalties for violations of the Act involving precursors and essential chemicals shall, in case of conviction, be imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential chemicals, no criminal liability involving the same under this Act shall arise until after the lapse of fifteen (15) days from the last publication of such notice;

(d) In case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals, all persons convicted and/or detained for the use and/or possession of such a drug shall be automatically released and all pending criminal prosecution involving such a drug under this Act shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress a detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.

ARTICLE XII

IMPLEMENTING RULES AND REGULATIONS

SEC. 94. Implementing Rules and Regulations. - The present Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned government agencies shall promulgate within sixty (60) days the Implementing Rules and Regulations that shall be necessary to implement the provisions of this Act.

ARTICLE XIII

FINAL PROVISIONS

SEC. 95. Congressional Oversight Committee. - There is hereby created a Congressional Oversight Committee composed of seven (7) Members from the Senate and seven (7) Members from the House of Representatives. The Members from the Senate shall be appointed by the Senate President based on the proportional representation of the parties or coalitions therein with at least two (2) Senators representing the Minority. The Members from the House of Representatives shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein with at least two (2) Members representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs.

SEC. 96. Powers and Functions of the Oversight Committee. - The Oversight Committee on Dangerous Drugs shall, in aid of legislation, perform the following functions, among others:

(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of this Act;

(b) To ensure transparency and require the submission of reports from government agencies concerned on the conduct of programs, projects and policies relating to the implementation of this Act;

(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all disbursements therefrom, including compensation of all personnel;

(d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of this Act;

(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation or executive measures; and

(f) To perform such other duties, functions and responsibilities as may be necessary to effectively attain the objectives of this Act.

SEC. 97. Adoption of Committee Rules and Regulations, and Funding. - The Oversight Committee on Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports, and technical advice, invite or summon by subpoena ad testificandum any public official, private citizen, or any other person to testify before it, or require any person by subpoena duces tecum documents or other materials as it may require consistent with the provisions of this Act.

The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel who may be seconded from the Senate and the House of Representatives and may retain consultants.

To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the current appropriations of the Senate. Thereafter, such amount necessary for its continued operations shall be included in the annual General Appropriations Act.

The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the effectively of this Act and may be extended by a joint concurrent resolution.

SEC. 98. Limited Applicability of the Revised Penal Code. - Notwithstanding any law, rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.

SEC. 99. Separability Clause. - If for any reason any section or provision of this Act, or any portion thereof, or the application of such section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected by such declaration and shall remain in force and effect.

SEC. 100. Repealing Clause. - Republic Act No. 6425, as amended, is hereby repealed and all other laws, administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

SEC. 101. Amending Clause. - Republic Act No. 7659 is hereby amended accordingly.

SEC. 102. Effectivity. - This Act shall take effect fifteen (15) days upon its publication in at least two (2) national newspapers of general circulation.

Approved,

This Act, which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was finally passed by the Senate and the House of Representatives on May 30, 2002 and May 29, 2002, respectively.

Approved: JUN 07 2002

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Reference: 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

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Twelfth Congress First Regular Session Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand and one. [REPUBLIC ACT NO. 9165] AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO.

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Special Effect s are illusions or visual tricks used in the theatre, film, television, video game, and simulator industries to simulate the imagined events in a story or virtual world.

Special effects are traditionally divided into the categories of mechanical effects and optical effects. With the emergence of digital film-making a distinction between special effects and visual effects has grown, with the latter referring to digital post-production while "special effects" referring to mechanical and optical effects.

A perfect example of a movie with special effects is the movie Avatar. the movie Avatar used a technique called Motion-capture which allows a computer-controlled camera to ensure two separate shots to move at the same speed and angle making the shots identical and match seamlessly.

Some production (Live-Action or Animated) who often have big budgets send a series of shots through the production pipeline. Computer Artist are usually divided into three teams:

Modelers: Group which is tasked to build the objects and sets using computers.

Renderers - This group is subdivided into two: One team will complete the setup (such as rigging the character/adding skeleton to the character) and the other team will work on the texture, animation, lighting and rendering.

Compositors - This group works on compositing or blending 3D CG Elements and 2D/3D background to create a final single image.

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What are the "must know" Basic elements and skills in Photography?

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What are the "must know" Basic elements and skills in Photography?

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Basic Elements in Photography such as Shutter Speed, Aperture and ISO are the elements in Photography

Shutter Speed - It is the amount of time light is allowed to get in.

Aperture -  Also known as F-Stop. It is the measurement of a camera's opening or controls how much light can enter the camera, the larger the hole the more light that gets in.

ISO - also known as International Organization for Standardization. It affects exposure is the sensitivity of your sensor to light. The higher the number, the more sensitive and more noise/grainy-looking image it will get.

The image below is a chart example of the Shutter Speed,  Aperture and the ISO. (Source: BorrowLenses)

Basic Skills in Photography:

Proper handling of Digital Camera

Pay attention to the subject

Knowing of the "Rule of Thirds" or "The Golden Ratio"

Capture photos from unique angles

Be active

Use your flash to remove unsightly shadows

Leave lead room

Watch the weather and lighting conditions

Take some vertical shots

Take pictures at subject's Eye level

Take advantage of your Camera Setting

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Consumer Act of the Philippines (RA 7394)

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Consumer Act of the Philippines (RA 7394)

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It is a National policy which is aimed to protect the interest of the consumers and buyers of products and services. Also aims to set and maintain standards of conduct for both the business and industrial sectors.

The objectives of this law are:

Protection of consumers against hazards to health and safety.

Protection of consumers against deceptive and unfair sales, acts and practices

Giving information and education so consumers can make choices and decisions.

Provision of adequate rights and means of redress

Allowing consumers to be presented in the making of social and economic policies.

The following are the government agencies that implements the Consumer Act and their concern:

Department of Trade and Industry (DTI) - Consumer product quality and safety, Weights and measures, Consumer products and services warranties, Labelling, Liability for products and services, Service and repair shops, Advertisement and Sales Promotion

Department of Agriculture (DA) - Quality and Safety, Labeling and Packaging

Department of Education (DepEd) - Consumer education and information

Department of Health (DOH) - (Only covers Foods, drugs, cosmetics, devices and hazardous substances) Quality and Safety, Labelling and Packaging, Advertising and Sales Promotion and Price Tag,

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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Republic of the Philippines

Congress of the Philippines

Metro Manila
THE CONSUMER ACT OF THE PHILIPPINES TITLE I General Provisions
ARTICLE 1. Short Title. - This Act shall be known as the "Consumer Act of the Philippines."

ARTICLE 2. Declaration of Basic Policy. - It is the policy of the State to protect the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. Towards this end, the State shall implement measures to achieve the following objectives:

a) protection against hazards to health and safety;

b) protection against deceptive, unfair and unconscionable sales acts and practices;

c) provision of information and education to facilitate sound choice and the proper exercise of rights by the consumer;

d) provision of adequate rights and means of redress; and

e) involvement of consumer representatives in the formulation of social and economic policies.

ARTICLE 3. Construction. - The best interest of the consumer shall be considered in the interpretation and implementation of the provisions of this Act, including its implementing rules and regulations.

ARTICLE 4. Definition of Terms. - For purposes of this Act, the term:

a) "Advertisement" means the prepared and through any form of mass medium, subsequently applied, disseminated or circulated advertising matter.

b) "Advertising" means the business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.

c) "Advertising agency or Agent" means a service organization or enterprise creating, conducting, producing, implementing or giving counsel on promotional campaigns or programs through any medium for and in behalf of any advertiser.

d) "Advertiser" means the client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualized, presented or disseminated.

e) "Agricultural purpose" means a purpose related to the production, harvest, processing, manufacture, distribution, storage, transportation, marketing, exhibition or disposition of agricultural, fishery or marine products.

f) "Amount financed" in a consumer credit sale constitutes the cash price plus non-finance charges less the amount of any downpayment whether made in cash or in property traded in, or in a consumer loan the amount paid to, receivable by or paid or payable to the buyer or to another person in his behalf.

g) "Banned hazardous substance" means (1) any toy or other articles intended for use by children, which are hazardous per se, or which bear or contain substances harmful to human beings; or (2) any hazardous substance intended or packaged in a form suitable for use in the household, which the implementing agency by regulation, classifies as "banned hazardous substance" notwithstanding the existence of cautionary labels, to safeguard public health and safety: Provided, That the implementing agency may, by regulation, exempt from this Act, articles which by reason of their functional purpose require the inclusion of the hazardous substance involved and which bear appropriate labels giving adequate directions and warnings for their safe use.

Procedures for the issuance, amendment or repeal of regulations pursuant to clause (2) or paragraph (g) of this Article shall be governed by the rules and regulations promulgated by the Department of Health; Provided, That if the Department of Health finds that the distribution for household use of the hazardous substance involved presents an imminent hazard to the public health, it may publish in a newspaper of general circulation a notice of such finding and such substance shall be deemed to be a "banned hazardous substance" pending the issuance of regulation formally banning such substance.

h) "Batch" means a quantity of any drug or device produced during a given cycle of manufacture.

i) "Business name, firm name or style" means any name or designation other than the true name of a person, partnership, corporation or association which is used or signed in connection with his/its business or in

1) any written or printed receipt, including receipt for tax on business;

2) any written or printed contract not verified by a notary public;

3) any written or printed evidence of any agreement or business transaction; and

4) any sign or billboard kept conspicuously exhibited in plain view in or at the place of the business, announcing a firm name or business name or style.

j) "Cash price or delivered price", in case of trade transaction, means the amount of money which would constitute full payment upon delivery of the property (except money) or service purchased at the creditor's place of business. In the case of financial transactions, cash price represents the amount received by the debtor upon consummation of the credit transaction, net of finance charges collected at the time the credit is extended, if any.

k) "Chain distribution plans" or "pyramid sales schemes" means sales devices whereby a person, upon condition that he makes an investment, is granted by the manufacturer or his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit upon condition of making similar investments: Provided, That, the profits of the person employing such a plan are derived primarily from the recruitment of other persons into the plan rather than from the sale of consumer products, services and credit: Provided, further, That the limitation on the number of participants does not change the nature of the plan.

l) "Closing out sale" means a consumer sale wherein the seller uses the announcement to create the impression that he is willing to give large discounts or merchandise in order to reduce, dispose or close out his inventory and business.

m) "Commerce" means the sale, lease, exchange, traffic or distribution of goods, commodities, productions, services or property, tangible or intangible.

n) "Consumer" means a natural person who is a purchaser, lessee, recipient or prospective purchaser, lessor or recipient of consumer products, services or credit.

o) "Consumer credit" means any credit extended by a creditor to a consumer for the sale or lease of any consumer product or service under which part or all of the price or payment therefor is payable at some future time, whether in full or in installments.

p) "Consumer loan" means a loan made by the lender to a person which is payable in installments for which a finance charge is or may be imposed. This term includes credit transactions pursuant to an open-end-credit plan other than a seller credit card.

q) "Consumer products and services" means goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices.

r) "Consumer product safety rule" means a consumer product safety standard described in Article 78 or a rule under this Chapter declaring a consumer product banned hazardous product.

s) "Consumer transaction" means (1) (i) a sale, lease, assignment, award by chance, or other disposition of consumer products, including chattels that are intended to be affixed to land, or of services, or of any right, title, or interest therein, except securities as defined in the Securities Act and contracts of insurance under the Insurance Code, or (ii) grant of provision of credit to a consumer for purposes that are primarily personal, family, household or agricultural, or (2) a solicitation or promotion by a supplier with respect to a transaction referred to in clause (1).

t) "Corrosive" means any substance which on contact with living tissue will cause destruction of tissue by chemical action.

u) "Cosmetics" means (1) articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) article intended for uses as a component of any such article except that such term shall not include soap.

v) "Counterfeit product" means any consumer product which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a consumer product manufacturer, processor, packer, distributor, other than the person or persons who in fact manufactured, processed, packed or distributed such product and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by such consumer product manufacturer, processor, packer, or distributor.

w) "Credit card" means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor or services on credit.

x) "Credit Sale" means a sale of products, services or an interest in land to a person on credit where a debt is payable in installments or a finance charge is imposed and includes any agreement in the form of a bailment of products or lease of products or real property if the bailee or lessee pays or agrees to pay compensation for use a sum substantially equivalent to or in excess of the aggregate value of the products or real property involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the products or real property upon full compliance with the terms of the agreement.

y) "Credit transaction" means a transaction between a natural person and a creditor in which real or personal property, services or money acquired on credit and the person's obligation is payable in installment.

z) "Creditor" means any person engaged in the business of extending credit and shall include any person who as a regular business practice makes loans or sells or rents property or services on a time, credit or installment basis, either as principal or as agent who requires as an incident to the extension of credit, the payment of a finance charge.

aa) "Default or delinquency charge" means, with respect to a consumer credit transaction, the penalty charge payable by the consumer-debtor for failure to pay an amount or installment in full on the date the same becomes due and demandable, or on or before the period specified for the purpose in the consumer credit sale documents.

ab) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part or accessory which is (1) recognized in the official United States Pharmacopoeia-National Formulary (USP-NF) or any supplement to them, (2) intended for use in the diagnosis of disease or other condition or in the cure, mitigation, treatment or prevention of disease, in man or other animals; or (3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

ac) "Distributor" means any person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product.

ad) "Drugs" mean (1) articles recognized in the current official United States Pharmacopoeia-National Formulary, official Homeopathic Pharmacopoeia of the United States, official National Drug Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or animals; and (4) articles intended for use as a component of any articles specified in clauses (1), (2), or (3) but do not include devices or their components, parts or accessories.

The term "drug" when used in this Act shall include herbal and/or traditional drug. They are defined as articles from indigenous plant or animal origin used in folk medicine which are: (1) recognized in the Philippine National Formulary; (2) intended for use in the treatment or cure, mitigation of disease symptoms, injury or bodily defect for use in man; (3) other than food, intended to affect the structure of any function of the body of man; (4) put into finishes, ready to use form by means of formulation, dosage or dosage directions; and (5) intended for use as a component of any of the articles specified in clauses (1), (2), (3) and (4) of this paragraph.

ae) "Expiry or expiration date" means the date stated on the label of food, drug, cosmetic, device or hazardous substance after which they are not expected to retain their claimed safety, efficacy and quality or potency and after which it is no longer permissible to sell them.

af) "Extremely flammable" means any substance which has a flash point at or below negative six and six-tenths degrees centigrade as determined by the Tagliabue Open Cub Tester; and the term "combustible" shall apply to any substance which has a flash point of above twenty-six and six-tenths degrees to and including sixty-five and five-tenths degrees centigrade as determined by the Tagliabue Open Cub Tester: Provided, That the flammability or combustibility of solids and of the contents of self-pressurized containers shall be determined through methods found by the implementing agency to be generally applicable to such materials or containers, respectively, and established by regulations issued by it.

ag) "Food" means any substance, whether processed, semi-processed or raw, intended for human consumption and includes chewing gum, drinks and beverages and any substance which has been used as an ingredient or a component in the manufacture, preparation or treatment of food.

ah) "Food additive" means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified as having been adequately shown through scientific procedures to be safe under the conditions of the intended use.

ai) "Generic name" is the identification of drugs and medicines by their scientifically and internationally recognized active ingredients or by their official generic name as determined by the Bureau of Food and Drugs of the Department of Health.

aj) "Guarantee" means an expressed or implied assurance of the quality of the consumer products and services offered for sale or length of satisfactory use to be expected from a product or other similar specified assurances.

ak) "Hazardous substance" means: (1) (i) Any substance or mixture of substances which is toxic, corrosive, irritant, a strong sensitizer, flammable or combustible, or generates pressure through decomposition, heat or other means, if such substance or mixture or substances may cause substantial injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable ingestion by children;

(ii) Any substance which the department finds to be under the categories enumerated in clause (1) (i) of this paragraph;

(iii) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the Department, upon approval of the Department determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this section in order to protect the public health;

(iv) Any toy or other articles intended for use by children which the director may, by regulation, determine the presence of an electrical, mechanical or thermal hazard.

(2) This term shall not apply to food, drugs, cosmetics, and devices nor to substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house, but such term shall apply to any article which is not in itself a pesticide but which is a hazardous substance, as construed in clause (a) of paragraph (1), by reason of bearing or containing such harmful substances described therein.

al) "Highly Toxic" means any substance which has any of the following effects: (1) produces death within fourteen days to one-half or more than one-half of a group of ten or more laboratory white rats each weighing between Two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or (2) produces death within fourteen days to one-half or more of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or (3) produces death within fourteen days to one-half or more of a group of ten or more rabbits, when tested in a dosage of two hundred milligrams or less per kilogram of body weight, or when administered through continuous contact with the bare skin for twenty-four hours or less.

am) "Home solicitation sale" means consumer sales or leases which are personally solicited by any person or organization by telephone, person-to-person contact or by written or printed communication other than general advertising or consummated at the buyer's residence or a place of business, at the seller's transient quarters, or away from a seller's regular place of business.

an) "Immediate container" means the container or package which is immediately after or near the substance but does not include package liners.

ao) "Imminently hazardous product" means a consumer product which presents an unreasonable risk of death, serious illness or severe personal injury.

ap) "Irritant" means any substance not corrosive within the meaning of paragraph (t) of this Article which, on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction.

aq) "Label, labeling" means the display of written, printed or graphic matter on any consumer product, its immediate container, tag, literature or other suitable material affixed thereto for the purpose of giving information as to the identity, components, ingredients, attributes, directions for use, specifications and such other information as may be required by law or regulations.

ar) "Manufacture" means any and all operations involved in the production, including preparation, propagation, processing, formulating, filling, packing, repacking, altering, ornamenting, finishing or otherwise changing the container, wrapper or labeling of a consumer product in the furtherance of the distribution of the same from the original place of manufacture to the person who makes the final delivery or sale to the ultimate consumer.

as) "Manufacturer" means any person who manufactures, assembles or processes consumer products, except that if the goods are manufactured, assembled or processed for another person who attaches his own brand name to the consumer products, the latter shall be deemed the manufacturer. In case of imported products, the manufacturer's representative or, in his absence, the importer, shall be deemed the manufacturer.

at) "Mass media" refers to any means or methods used to convey advertising messages to the public such as television, radio, magazines, cinema, billboards, posters, streamers, hand bills, leaflets, mails and the like.

au) "Materially defective product" means a product which, because of the pattern of the defect, the number of defective products distributed in commerce and the severity of the risk or otherwise, creates a substantial risk of injury to the public.

av) "Mislabeled hazardous substance" means any hazardous substance intended, or packaged in a form suitable, for use in households, especially by children, the packaging or labeling of which is in violation of the special packaging regulation issued by the Department of Health under Article 91 or if such substance fails to bear a label which (1) states conspicuously (i) the name and the exact address of the manufacturer, packer, distributor or seller; (ii) the common or usual name of the hazardous substance or of each component which contributes substantially to the harmfulness of the substance, unless the Department by regulation approved by the Department permits or requires the use of the recognized generic name; (iii) the signal word "danger" on substances which are extremely flammable, corrosive, or highly toxic; (iv) the signal word "warning" or "caution" on all other hazardous substances; (v) a frank statement of the principal hazard or hazards involved, as "flammable", "vapor harmful", "causes burns", "absorbed through skin", or similar wording describing the action to be followed or avoided, except when modified by regulation by the Department pursuant to Section 46; (vi) instructions, when necessary or appropriate, for first aid treatment; (vii) the word "poison" for any hazardous substance which is defined as highly toxic; (viii) instructions for handling and storage of packages which require special care in handling or storage; and (ix) the statement "keep out of the reach of children", or its practical equivalent, if the article is intended for use by children and is not a banned hazardous substance, with adequate directions for the protection of children from the hazard involved. The aforementioned signal words, affirmative statements, description of precautionary measures, necessary instructions or other words or statements may be in the English language or its equivalent in Filipino; and

(2) on which any statement required under clause (1) of this paragraph are located prominently and in contrast by typography are located prominently and in contrast by typography, layout, with other printed matters on the label.

aw) "New Drugs" mean (1) any drug the composition of which is such that said drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety, efficacy, and quality of drugs as safe, efficacious and of good quality for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) any drug the composition of which is such that said drug, as a result of its previous investigations to determine its safety, efficacy and good quality for use under certain conditions, has become so recognized but which has not, otherwise than in such investigations, been used to a material extent or for a material time under new conditions.

"New Drugs" shall include drugs (a) containing a newly discovered active ingredient; (b) containing a new fixed combination of drugs, either by molecular or physical combination; (c) intended for new indications; (d) an additional new mode of administration; or (e) in an additional dosage or strength of the dosage form, which meets the conditions as defined under the new drug.

The definition of "new drugs" covers to the extent applicable, "new devices".

ax) "New Product" means a consumer product which incorporates a design, material or form of energy exchange which has not previously been used substantially in consumer products and as to which there exists a lack of adequate information to determine the quality and safety of such product if used by the consumers.

ay) "Open-end-credit plan" means a consumer credit extended on an account pursuant to a plan under which:

1) the creditor may permit the person to make purchases or obtain loans, from time to time, directly from the creditor or indirectly by use of credit card, check or other device;

2) the person has the privilege of paying the balance; or

3) a finance charge may be computed by the creditor from time to time on an outstanding unpaid balance.

az) "Package" or "packaging" means any container or wrapping in which any consumer product is enclosed for use in the delivery or display of that consumer product to retail purchasers, but does not include:

1) shipping containers or wrappings used solely for the transportation of any consumer product in bulk or in big quantities by manufacturers, packers, or processors to wholesale retail distributors thereof;

2) shipping containers or outer wrappings used by retailers to ship or deliver any product to retail costumers if such containers and wrappings bear no printed matter pertaining any particular product;

3) The wrappers or containers of consumer products sold in small quantities by small retail stores to the consumer which by tradition are wrapped with ordinary paper.

ba) "Person" means any individual, partnership, corporation or association, trust, government or governmental subdivision or any other legal entity.

bb) "Poisonous substance" means any substance capable of destroying life or seriously endangering health when applied externally to the body or introduced internally in moderate doses.

bc) "Price comparison" means the direct comparison in any advertisement of a seller's current price for consumer products or services with any other price or statement of value for such property or services expressed in pesos, centavos, fractions or percentages.

bd) "Price tag" means any device, written, printed, affixed or attached to a consumer product or displayed in a consumer repair or service establishment for the purpose of indicating the retail price per unit or service.

be) "Principal display panel" means that part of the label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail or sale.

bf) "Private labeler" means an owner of a brand or trademark on the label of consumer product other than a manufacturer of the product.

A consumer product bears a private label if (1) the product or its container is labeled with a brand or trademark of a person other than its manufacturer; or (2) the brand or trademark of the manufacturer of such product does not appear on such label.

bg) "Radioactive substance" means any substance which emits ionizing radiation.

bh) "Referral selling" means the sales device employed by the sellers wherein the buyer is induced to acquire goods or services by representing that after the acquisition of the goods or services, he will receive a rebate, commission or other benefit in return for the submission of names of potential customers or otherwise helping the seller enter into other sales, if the receipt of such benefit is contingent on an event occurring after the sale is made.

bi) "Repair and service firm" means any business establishment, engaged directly or indirectly, in the repair, service or maintenance of any consumer product.

bk) "Retailer" means a person engaged in the business of selling consumer products directly to consumers.

bl) "Sale or distribution" shall mean an act made by a manufacturer or seller, or their respective representative or agent, to make available consumer products, services or credit to the end consumers under a consumer sale transaction. It shall not include sampling or any distribution not for sale.

bm) "Sales Promotion" means techniques intended for broad consumer participation which contain promises of gain such as prizes, in cash or in kind, as reward for the purchase of a product, security, service or winning in contest, game, tournament and other similar competitions which involve determination of winner/s and which utilize mass media or other widespread media of information. It also means techniques purely intended to increase the sales, patronage and/or goodwill of a product.

bn) "Seller" means a person engaged in the business of selling consumer products directly to consumers. It shall include a supplier or distributor if (1) the seller is a subsidiary or affiliate of the supplier or distributor; (2) the seller interchanges personnel or maintains common or overlapping officers or directors with the supplier or distributor; or (3) the supplier or distributor provides or exercises supervision, direction or control over the selling practices of the seller.

bo) "Service" shall mean, with respect to repair and service firms, services supplied in connection with a contract for construction, maintenance, repair, processing, treatment or cleaning of goods or of fixtures on land, or distribution of goods, or transportation of goods.

bp) "Services" means services that are the subject of a consumer transaction, either together with, or separate from any kind of personal property, whether tangible or intangible.

bq) "Special packaging" means packaging that is designed or constructed to be significantly difficult for children five years of age to open or to obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

br) "Standard" means a set of conditions to be fulfilled to ensure the quality and safety of a product;

bs) "Strong sensitizer" means any substance which will cause on normal living tissue, allergy or photodynamic quality of hypersensitivity which becomes evident on reapplication of the same substance, to be designated as such by the implementing agency. Before designating any substance as a strong sensitizer, the implementing agency, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant capacity to cause hypersensitivity.

bt) "Substandard product" means a product which fails to comply with an applicable consumer product safety rule which creates a substantial risk of injury to the public.

bu) "Supplier" means a person, other than a consumer, who, in the course of his business, solicits, offers, advertises, or promotes the disposition or supply of a consumer product or who other than the consumer, engages in, enforces, or otherwise participates in a consumer transaction, whether or not any privity of contract actually exists between that person and the consumer, and includes the successor to, or assignee of, any right or obligation of the supplier.

bv) "Technical personnel of repair and service enterprise" shall mean a machine or technician or any person who works or renders diagnosis or advice in connection with repair, service and maintenance of the consumer products in a repair and service firm.

bw) "Toxic substance" means any substance other than a radioactive substance which can cause injury, illness or death to man through ingestion, inhalation or absorption through any body surface.

bx) "Trade name" or "trademark" means a word or words, name, title, symbol, emblem, sign or device or any combination thereof used as an advertisement, sign, label, poster or otherwise for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade name or trademark.
TITLE II CHAPTER I Consumer Product Quality and Safety
ARTICLE 5. Declaration of Policy. - It shall be the duty of the State:

a) to develop and provide safety and quality standards for consumer products, including performance or use-oriented standards, codes of practice and methods of tests;

b) to assist the consumer in evaluating the quality, including safety, performance and comparative utility of consumer products;

c) to protect the public against unreasonable risks of injury associated with consumer products;

d) to undertake research on quality improvement of products and investigation into causes and prevention of product related deaths, illness and injuries;

e) to assure the public of the consistency of standardized products.

ARTICLE 6. Implementing Agencies. - The provisions of this Article and its implementing rules and regulations shall be enforced by:

a) the Department of Health with respect to food, drugs, cosmetics, devices and substances;

b) the Department of Agriculture with respect to products related to agriculture, and;

c) the Department of Trade and Industry with respect to other consumer products not specified above.

ARTICLE 7. Promulgation and Adoption of Consumer Product Standards. - The concerned department shall establish consumer product quality and safety standards which shall consist of one or more of the following:

a) requirements as to performance, composition, contents, design, construction, finish, packaging of a consumer product;

b) requirements as to kind, class, grade, dimensions, weights, material;

c) requirements as to the methods of sampling, tests and codes used to check the quality of the product;

d) requirements as to precautions in storage, transporting and packaging;

e) requirements that a consumer product be marked with or accompanied by clear and adequate safety warnings or instructions, or requirements respecting the form of warnings or instructions.

For this purpose, the concerned department shall adopt existing government domestic product quality and safety standards: Provided, That in the absence of such standards, the concerned department shall form specialized technical committees composed of equal number of representatives from each of the Government, business and consumer sectors to formulate, develop and purpose consumer product quality and safety standards. The said technical committees shall consult with the private sector, which may, motu proprio, develop its own quality and safety standards that shall be subject to review and approval of the concerned government agency or agencies after public hearings have been conducted for that purpose; and shall likewise consider existing international standards recognized by the Philippine Government.

ARTICLE 8. Publication of Consumer Product Standards. - The concerned department shall, upon promulgation of the above standards, publish or cause the publication of the same in two (2) newspapers of general circulation at least once a week for a period of not less than one (1) month. It may likewise conduct an information campaign through other means deemed effective to ensure the proper guidance of consumers, businesses, industries and other sectors concerned.

ARTICLE 9. Effectivity of Rules. - a) Each consumer product standard or safety rule shall specify the date such rule is to take effect, which shall not exceed ninety (90) days from the date promulgated unless the concerned department finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. After which, it shall no longer be legal to, or cause to, sell or distribute the consumer product not complying with the standards or rules.

b) The department may, by regulation, prohibit a manufacturer from stockpiling consumer products so as to prevent such manufacturer from circumventing the purposes of this paragraph. The term "stockpiling" means manufacturing or importing a product between the date of promulgation of its consumer product safety rule and its effective date, at a rate which is significantly greater than the rate at which such product was produced or imported during a base period, as prescribed in the regulation under this paragraph, ending before the date of promulgation of consumer product safety rule.

ARTICLE 10. Injurious, Dangerous and Unsafe Products. - Whenever the departments find, by their own initiative or by petition of a consumer, that a consumer product is found to be injurious, unsafe or dangerous, it shall, after due notice and hearing, make the appropriate order for its recall, prohibition or seizure from public sale or distribution: Provided, That, in the sound discretion of the department it may declare a consumer product to be imminently injurious, unsafe or dangerous, and order is immediate recall, ban or seizure from public sale or distribution, in which case, the seller, distributor, manufacturer or producer thereof shall be afforded a hearing within forty-eight (48) hours from such order.

The ban on the sale and distribution of a consumer product adjudged injurious, unsafe or dangerous, or imminently injurious, unsafe or dangerous under the preceding paragraph shall stay in force until such time that its safety can be assured or measures to ensure its safety have been established.

ARTICLE 11. Amendment and Revocation of Declaration of the Injurious, Unsafe or Dangerous Character of a Consumer Product. - Any interested person may petition the appropriate department to commence a proceeding for the issuance of an amendment or revocation of a consumer product safety rule or an order declaring a consumer product injurious, dangerous and unsafe.

In case the department, upon petition by an interested party or its own initiative and after due notice and hearing, determines a consumer product to be substandard or materially defective, it shall so notify the manufacturer, distributor or seller thereof of such finding and order such manufacturer, distributor or seller to:

a) give notice to the public of the defect or failure to comply with the product safety standards; and

b) give notice to each distributor or retailer of such product.

The department shall also direct the manufacturer, distributor or seller of such product to extend any or all of the following remedies to the injured person:

a) to bring such product into conformity with the requirements of the applicable consumer product standards or to repair the defect in order to conform with the same;

b) to replace the product with a like or equivalent product which complies with the applicable consumer product standards which does not contain the defect;

c) to refund the purchase price of the product less a reasonable allowance for use; and

d) to pay the consumer reasonable damages as may be determined by the department.

The manufacturer, distributor or seller shall not charge a consumer who avails himself of the remedy as provided above of any expense and cost that may be incurred.

ARTICLE 12. Effectivity of Amendment and Revocation of Consumer Product Safety Rule. - Any amendment or revocation of a consumer product safety rule made by the concerned department shall specify the date on which it shall take effect which shall not exceed ninety days from the date of amendment or revocation is published unless the concerned department finds, for a good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The department shall promulgate the necessary rules for the issuance, amendment or revocation of any consumer product safety rule.

ARTICLE 13. New Products. - The concerned department shall take measures to make a list of new consumer products and to cause the publication by the respective manufacturers or importers of such products a list thereof together with the descriptions in a newspaper of general circulation.

ARTICLE 14. Certification of Conformity to Consumer Product Standards. - The concerned department shall aim at having consumer product standards established for every consumer product so that consumer products shall be distributed in commerce only after inspection and certification of its quality and safety standards by the department. The manufacturer shall avail of the Philippine Standard Certification Mark which the department shall grant after determining the product's compliance with the relevant standard in accordance with the implementing rules and regulations.

ARTICLE 15. Imported Products. - a) Any consumer product offered for importation into the customs of the Philippine territory shall be refused admission if such product:

1) fails to comply with an applicable consumer product quality and safety standard or rule;

2) is or has been determined to be injurious, unsafe and dangerous;

3) is substandard; or

4) has material defect.

b) Samples of consumer products being imported into the Philippines in a quantity necessary for purposes of determining the existence of any of the above causes for non-admission may be obtained by the concerned department or agency without charge from the owner or consignee thereof. The owner or consignee of the imported consumer product under examination shall be afforded an opportunity to a hearing with respect to the importation of such products into the Philippines. If it appears from examination of such samples or otherwise that an imported consumer product does not conform to the consumer product safety rule or its injurious, unsafe and dangerous, is substandard or has a material defect, such product shall be refused admission unless the owner or the consignee thereof manifests under bond that none of the above ground for non-admission exists or that measures have been taken to cure them before they are sold, distributed or offered for sale to the general public.

Any consumer product, the sale or use of which has been banned or withdrawn in the country of manufacture, shall not be imported into the country.

c) If it appears that any consumer product which may not be admitted pursuant to paragraph (a) of this Article can be so modified that it can already be accepted, the concerned department may defer final determination as to the admission of such product for a period not exceeding ten (10) days, and in accordance with such regulations as the department and the Commissioner of Customs shall jointly promulgate, such product may be released from customs custody under bond for the purpose of permitting the owner or consignee an opportunity to so modify such product.

d) All modifications taken by an owner or consignee for the purpose of securing admission of an imported consumer product under paragraph (c) shall be subject to the supervision of the concerned department. If the product cannot be so modified, or if the owner or consignee is not proceeding to satisfactorily modify such product, it shall be refused admission and the department may direct redelivery of the product into customs custody, and to seize the product if not so redelivered.

e) Imported consumer products not admitted must be exported, except that upon application, the Commissioner of Customs may permit the destruction of the product if, within a reasonable time, the owner or consignee thereof fails to export the same.

f) All expenses in connection with the destruction provided for in this Article, and all expenses in connection with the storage, cartage or labor with respect to any consumer product refused admission under this Article, shall be paid by the owner or consignee and, in default of such payment, shall constitute a lien against any future importation made by such owner or consignee.

ARTICLE 16. Consumer Products for Export. - The preceding article on safety not apply to any consumer product if:

a) it can be shown that such product is manufactured, sold or held for sale for export from the Philippines, or that such product was imported for export, unless such consumer product is in fact distributed in commerce for use in the Philippines; and

b) such consumer product or the packaging thereof bears a stamp or label stating that such consumer product is intended for export and actually exported.

ARTICLE 17. Powers, Functions and Duties. - In addition to their powers, functions and duties under existing laws, the concerned department shall have the following powers, functions and duties:

a) to administer and supervise the implementation of this Article and its implementing rules and regulations;

b) to undertake researches, develop and establish quality and safety standards for consumer products in coordination with other government and private agencies closely associated with these products;

c) to inspect and analyze consumer products for purposes of determining conformity to established quality and safety standards;

d) to levy, assess, collect and retain fees as are necessary to cover the cost of inspection, certification, analysis and tests of samples of consumer products and materials submitted in compliance with the provisions of this Article;

e) to investigate the causes of and maintain a record of product-related deaths, illnesses and injuries for use in researches or studies on the prevention of such product-related deaths, illnesses and injuries.

f) to accredit independent, competent non-government bodies, to assist in (1) monitoring the market for the presence of hazardous or non-certified products and other forms of violations of Article 18; and (2) other appropriate means to expand the monitoring and enforcement outreach of the department in relation to its manpower, testing and certification resources at a given time.

g) to accredit independent competent testing laboratories.
Prohibited Acts Penalties
ARTICLE 18. Prohibited Acts. - It shall be unlawful for any person to:

a) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any consumer product which is not in conformity with an applicable consumer product quality or safety standard promulgated in this Act;

b) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any consumer product which has been declared as banned consumer product by a rule in this Act;

c) refuse access to or copying of pertinent records or fail or refuse to permit entry of or inspection by authorized officers or employees of the department;

d) fail to comply with an order issued under Article 11 relating to notifications of substantial product hazards and to recall, repair, replacement or refund of unsafe products;

e) fail to comply with the rule prohibiting stockpiling.

ARTICLE 19. Penalties. - a) Any person who shall violate any provision of Article 18 shall upon conviction, be subject to a fine of not less than One thousand pesos (P1,000.00) but not more than Ten thousand pesos (P10,000.00) or imprisonment of not less than two (2) months but not more than one (1) year, or both upon the discretion of the court. If the offender is an alien, he shall be deported after service of sentence and payment of fine without further deportation proceedings.

b) In case the offender is a naturalized citizen, he shall, in addition to the penalty prescribed herein, suffer the penalty of cancellation of his naturalization certificate and its registration in the civil register and immediate deportation after service of sentence and payment of fine.

c) Any director, officer or agent of a corporation who shall authorize, order or perform any of the acts or practices constituting in whole or in part a violation of Article 18, and who has knowledge or notice of noncompliance received by the corporation from the concerned department, shall be subject to penalties to which that corporation may be subject.

In case the violation is committed by, or in the interest of a foreign juridical person duly licensed to engage in business in the Philippines, such license to engage in business in the Philippines shall immediately be revoked.
CHAPTER II Food, Drugs, Cosmetics and Devices
ARTICLE 20. Declaration of Policy. - The State shall ensure safe and good quality of food, drugs, cosmetics and devices, and regulate their production, sale, distribution and advertisement to protect the health of the consumer.

ARTICLE 21. Implementing Agency. - In the implementation of the foregoing policy, the State, through the Department of Health, hereby referred as the Department, shall, in accordance with the provisions of this Act:

a) establish standards and quality measures for foods, drugs, devices and cosmetics;

b) adopt measures to ensure pure and safe supply of foods and cosmetics, and safe, efficacious and good quality of drugs and devices in the Country;

c) adopt measures to ensure the rational use of drugs and devices, such as, but not limited to, banning, recalling or withdrawing from the market drugs and devices which are unregistered, unsafe, inefficacious or of doubtful therapeutic value, the adoption of an official National Drug Formulary, and the use of generic names in the labeling of drugs;

d) strengthen the Bureau of Food and Drugs.

ARTICLE 22. Rules and Regulations on Definitions and Standards. - Whenever in the judgment of the Department such action will promote honesty and fair dealing in the interest of consumers, it shall promulgate rules and regulations fixing and establishing a reasonable definition and standard of identity, a reasonable standard of quality and/or reasonable standard of fill of containers for food, drugs, cosmetics or devices.

ARTICLE 23. Adulterated Food. - A food shall be deemed to be adulterated:

a)1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adulterated under this clause if the quantity of such substance does not ordinarily render it injurious to health;

2) if it bears or contains any added poisonous or deleterious substance other than one which is (i) a pesticide chemical in or on a raw agricultural commodity, (ii) a food additive, (iii) a color additive, for which tolerances have been established and it conforms to such tolerances;

3) if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for food;

4) if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby, it may have been rendered injurious to health;

5) if it is, in whole or part, the product of a diseased animal or of an animal which has died other than by slaughter;

6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

7) if it has passed its expiry date.

b)1) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom and the same has not been substituted by any healthful equivalent of such constituent;

2) if any substance, not a valuable constituent, has been added or substituted or in part therefor;

3) if damage or inferiority has been concealed in any manner; or

4) if any substance has been added thereto or packed therewith so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.

c) if it is, or bears or contains a color additive which is unsafe under existing regulations: Provided, That the Department shall promulgate regulations providing for the listing of color additives which are harmless and suitable for use in food for which tolerances have been established;

d) if it is confectionary, and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glass not in excess of four-tenths (4/10) of one per centum (1%) natural gum and pectin: Provided, That this clause shall not apply to a safe non-nutritive article or substance if, in the judgment of the Department as provided by regulations, (1) such article or substance is of practical functional value in the manufacture, packaging or storage of such confectionery, (2) if the use of the substance does not promote deception of the consumer or otherwise results in adulteration or mislabeling in violation of any provision of this Act, and (3) would not render the product injurious or hazardous to health: Provided, further, That this paragraph shall not apply to any confectionery by reason of its containing less than one-half (1/2) of one per centum (1%) by volume of alcohol, derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substance: Provided, finally, That the Department may, for the purposes of avoiding or resolving uncertainty as to the application of this clause, promulgate regulations allowing or prohibiting the use of particular non-nutritive substances;

e) if it is oleomargarine, margarine or butter and any of the raw materials used therein consists in whole or in part of any filthy, putrid or decomposed substance, or such oleomargarine, margarine or butter is otherwise unfit for food;

f) if it has not been prepared in accordance with current acceptable manufacturing practice established by the Department through regulations.

ARTICLE 24. Regulation of Unprocessed Food. - The provincial, municipal and city governments shall regulate the preparation and sale of meat, fresh fruits, poultry, milk, fish, vegetables and other foodstuff for public consumption, pursuant to the Local Government Code.

ARTICLE 25. Tolerance for Poisonous Ingredients in Food. - Any poisonous or deleterious substance added to any food shall be deemed to be unsafe, except when such substance is required or can not be avoided in its production or can not be avoided by good manufacturing practice. In such case, the Department shall promulgate regulations limiting the quantity therein in such extent as he finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed to be unsafe. In determining the quantity of such added substance to be tolerated in different articles of food, the Department shall take into account the extent to which the use of such article is required or can not be avoided in the production or manufacture of such articles and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substance.

ARTICLE 26. Unsafe Food Additives, Exceptions for Conformity with Regulation. - A food additive, with respect to any particular use or intended use, shall be deemed unsafe unless:

a) it and its use or intended use conforms to the terms of an exemption for being solely intended for investigational use by qualified experts; or

b) it and its use or intended use is in conformity with a regulation issued by the Department prescribing the conditions under which such additives may be safely used.

ARTICLE 27. Petition for Regulation of Food Additive. - Any person may, with respect to any intended use of a food additive, file with the Department a petition proposing the issuance of a regulation prescribing the conditions under which such additives may be safely used.

The Department shall (1) establish a regulation prescribing, with respect to one or more proposed uses of the food additive involved, (i) the conditions under which a food additive may be safely used including, but not limited to, specifications as to the particular food, or classes of food, in which such additive may be used, (ii) the maximum quantity which may be used, or permitted to remain in or on such food; (iii) the manner in which such additive may be added to or used in or on such food, and (iv) any directions or other labeling or packaging requirement for such additive deemed necessary to assure the safety of such use, and shall notify the petitioner of such order and the reasons for such action; or (2) deny the petition and notify the petitioner of and the reasons for such action.

The Department may, at any time upon his own initiative, issue a regulation prescribing, with respect to any particular food additive, the conditions under which such additive may be safely used and the reasons thereof, and cause the publication of the same.

ARTICLE 28. Effectivity of Regulations. - The regulations promulgated under the preceding articles shall take effect fifteen (15) days after its publication in a newspaper of general circulation but the Department may stay such effectivity if, after issuance of such order, a hearing is sought by any person adversely affected by such order.
Drugs and Devices
ARTICLE 29. Adulterated Drugs and Devices. - A drug or device shall be deemed to be adulterated:

a)1) if it contains in whole or in part of any filthy, putrid, or decomposed substance which may affect its safety, efficacy or good quality; or (2) if it has been manufactured, prepared or held under unsanitary conditions whereby it may have been contaminated with dirt or filth or whereby it may have been rendered injurious to health; or (3) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it bears or contains any color other than a permissible one as determined by the Department, taking into consideration standards of safety, efficacy or good quality.

b) If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its safety, efficacy, quality or purity falls below the standards set forth in such compendium, except that whenever tests or methods of assay as prescribed are, in the judgment of the Department, insufficient for the making of such determination, the Department shall promulgate regulations prescribing appropriate tests or methods of assay in accordance with which such determination as to strength, safety, efficacy, quality or purity shall be made. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standards of strength, safety, efficacy, quality or purity therefor set forth in such compendium, if its difference in strength, safety, efficacy, quality or purity from such standards is plainly stated in its label and approved for registration as such.

c) If it is not subject to the provisions of paragraph (b) and its strength differs from, or its efficacy, quality or purity falls below, that which it purports or is represented to possess.

d) If a drug or device and any substance has been mixed or packed therewith, or any substance has been substituted wholly or in part thereof, so as to reduce its safety, efficacy, quality, strength or purity.

e) If the methods used in, or the facilities or controls used for its manufacture or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this Act as to safety, quality and efficacy, and has the identity and strength, and meets the quality and purity characteristics which it purports or is represented to possess.

ARTICLE 30. Exemption in Case of Drugs and Devices. - a) The Department is hereby directed to promulgate regulations exempting from any labeling or packaging requirement of this Act drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such drugs and devices are not adulterated or mislabeled under the provisions of this Act upon removal from such processing, labeling or repacking establishment.

b)1) Drugs intended for use by man which:

(i) are habit-forming;

(ii) because of their toxicity or other potentiality for harmful effect, or method of their use is not safe for use except under the supervision of practitioner licensed by law to administer such drug;

(iii) are new drugs whose applications are limited to investigational use; shall be dispensed only (a) upon written prescription of a practitioner licensed by law to administer such drug, or (b) upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist, or (c) by refilling any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to the provisions of this paragraph shall be deemed to be an act which results in the drug being mislabeled while held for sale.

2) Any drug dispensed by filling or refilling a written prescription of a practitioner licensed by law to administer such drug shall be exempt from the requirements of Article 89, except paragraphs (a), (h), (2) and (3), and the packaging requirements of paragraphs (f) and (g), if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or its filling, the name of the prescriber and, if stated in the prescription the name of the patient and the directions for use and cautionary statements, if any, contained in such prescription.

3) The Department may, by regulation, remove drugs subject to Article 89(d) and Article 31 from the requirements of sub-article (b)(1) of this Article, when such requirements are not necessary for the protection of the public health.

4) A drug which is subject to sub-article (b)(1) of this Article shall be deemed to be mislabeled if at any time prior to dispensing, its label fails to bear the statement "Caution: Should not be dispensed without prescription." A drug to which sub-article (b)(1) of this Article does not apply shall de deemed to be mislabeled if at any time prior to dispensing, its label bears the caution statement quoted in the preceding sentence.

ARTICLE 31. Licensing and Registration. - a) No person shall manufacture, sell, offer for sale, import, export, distribute or transfer any drug or device, unless an application filed pursuant to sub-article (b) hereof is effective with respect to such drug or device.

b) Any person may file with the Department, through the Department, an application under oath with respect to any drug or device subject to the provisions of sub-article (a) hereof. Such persons shall submit to the Department: (1) full reports of investigations which have been made to show whether or not such drug or device is safe, efficacious and of good quality for use based on clinical studies conducted in the Philippines; (2) a full list of the articles used as components of such drug or device; (3) a full statement of the composition of such drug or device; (4) a full description of the methods used in and the facilities and controls used for the manufacture of such drug or device; (5) such samples of such drug or device and of the articles used as components thereof as the Department may require; (6) specimens of the labeling proposed to be used for such drug or device; and (7) such other requirements as may be prescribed by regulations to ensure safety, efficacy and good quality of such drug or device.

c) Within one hundred eighty (180) days after the filing of an application under this sub-article, or such additional period as may be agreed upon by the Department and the applicant, the Department shall either (1) approve the application if he then finds that none of the grounds for denying approval specified in sub-article (d) applies, or (2) give the applicant notice of an opportunity for a hearing before the Department under sub-article (d) on the question whether such application is approvable.

d) If the Department finds, after due notice to the applicant and giving him an opportunity for a hearing, that (1) the reports of the investigations which are required to be submitted to the Department pursuant to sub-article (b) hereof, do not include adequate tests by all methods reasonably applicable to show whether or not such drug or device is safe, efficacious and of good quality for use under the conditions prescribed, recommended or suggested in the proposed labeling thereof; (2) the results of such test show that such drug or device is unsafe, inefficacious or of doubtful therapeutic value for use under such conditions or do not show that such drug or device is safe, efficacious or of good quality for use under such conditions; (3) the methods used in, and the facilities and controls used for the manufacture of such drug or device are inadequate to preserve its identity, strength, quality and purity; or (4) upon the basis of the information submitted to him as part of the application, or upon the basis of any other information before him with respect to such drug or device, he has insufficient information to determine whether such drug or device is safe, efficacious or of good equality for use under such conditions; or (5) evaluated on the basis of the information submitted to him as part of the application, and any other information before him with respect to such drug or device, there is a lack of substantial evidence that the drug or device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended or suggested in the proposed labeling thereof; or (6) based on a fair evaluation of all material facts, such labeling is false or misleading in any way; he shall issue an order disapproving the application.

e) The effectiveness of an application with respect to any drug or device shall, after due notice and opportunity for hearing to the applicant, by order of the Department be suspended if it finds (1) that clinical experience, tests by new methods, or tests by methods not deemed reasonably applicable when such application became effective show that such drug or device is unsafe or ineffective for use under the conditions of use upon the basis of which the application became effective, or (2) that the application contains any untrue statement of a material fact. The order shall state the findings upon which it is based.

f) The Department shall promulgate regulations for exempting from the operation of this Article drugs and devices intended solely for investigational used by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs and devices.

g) No person shall manufacture, sell, offer for sale, import, export, distribute or transfer any drug or device without first securing a license to operate from the Department after due compliance with technical requirements in accordance with the rules and regulations promulgated by the Department pursuant to this Act.

h) No drug or device shall be manufactured, sold, offered for sale, imported, exported, distributed or transferred, unless registered by the manufacturer, importer or distributor thereof in accordance with rules and regulations promulgated by the Department pursuant to this Act. The provisions of Article 31 (b), (d) and (e), to the extent applicable, shall govern the registration of such drugs and devices.

i) The Department shall promulgate a schedule of fees for the issuance of the certificate of product registration and license to operate provided for under this Article.

ARTICLE 32. Dangerous Drugs. - The importation, distribution, manufacture, production, compounding, prescription, dispensing and sale of, and other lawful acts in connection with, dangerous drugs of such kind and quantity as may be deemed necessary according to the medical and research needs of the country and the determination of the quantity/quantities to be imported, manufactured and held in stock at any given time by an authorized importer, manufacturer or distributor of dangerous drugs shall be under the jurisdiction and authority of the Dangerous Drugs Board as provided for by existing laws and regulations.

ARTICLE 33. Banned or Restricted Drugs. - Banned or severely restricted drugs for health and safety reasons in their country of origin shall be banned and confiscated or its uses severely restricted, whichever is appropriate, by the Department. The Department shall monitor the presence in the market of such drugs and cause the maintenance and regular publications of an updated consolidated list thereof.
Certification of Drugs Containing Antibiotics
ARTICLE 34. Certification of Certain Drugs. - a) The Department shall, by regulations, provide for the certification of batches of drugs composed wholly or partially of any kind of antibiotic. A batch of such drug shall be certified if such drug has such characteristics of identity, strength, quality and purity, as the Department prescribes in such regulations as necessary to insure adequately safety and efficacy of use and good quality, but shall not otherwise be certified. Prior to the effective date of such regulations the Department, in lieu of certification, shall issue a release for any batch which, in his judgment, may be released without risk as to the safety and efficacy of its use. Such release shall prescribe the date of its expiration and other conditions under which it shall cease to be effective as to such batch and as to portions thereof. For purposes of this Article and of Article 89 (j), the term "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced by a micro-organism and which has the capacity to inhibit or destroy micro-organisms in dilute solution (including the chemically synthesized equivalent of any such substance).

b) Whenever in the judgment of the Department, the requirements of this Article and of Article 89 (j) with respect to any drug or class of drugs are not necessary to insure safety and efficacy of use and good quality, the Department shall promulgate regulations exempting such drug or class of drugs from such requirements.

c) The Department shall promulgate regulations exempting from any requirement of this Article and of Article 89(j), (1) drugs which are to be stored, processed, labeled, or repacked at establishments other than those where manufactured, or condition that such drugs comply with all such requirements upon removal from such establishments; (2) drugs which conform to applicable standards of identity, strength, quality, and purity prescribed by these regulations and are intended for use in manufacturing other drugs; and (3) drugs which are intended for investigational use by experts qualified by scientific training and experience to investigate the safety and efficacy of drugs.
Cosmetics
ARTICLE 35. Adulterated Cosmetics. - A cosmetic shall be deemed to be adulterated:

a) if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the condition of use prescribed in the labeling thereof, or under the condition of use as are customary or usual: Provided, That this provision shall not apply to color additive hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution: this product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness" and labeling of which bears adequate directions for such preliminary testing. For purposes of this paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.

b) if it consists in whole or in part of any filthy, putrid, or decomposed substance.

c) if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

d) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

e) if it is not a hair dye, and it bears or contains color additive other than which is permissible.

f) if any of its substances has been (1) mixed or packed therewith so as to reduce its quality or strength or (2) substituted wholly or in parts therefor.

ARTICLE 36. Factory Inspection. - a) For purposes of enforcement of this Article, officers or employees duly designated by the Department, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable hours, any factory, warehouse or establishment in which food, drugs, devices or cosmetics are manufactured, processed, packed or held, for introduction into domestic commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in domestic commerce; and (2) to inspect, in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein.

b) If the officer or employee making any such inspection of a factory, warehouse or other establishment has obtained any sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

c) Whenever in the course of any such inspection of a factory or other establishment where food is manufactured, processed or packed, the officer or employee making the inspection obtains a sample of any such food, and an analysis made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge.

ARTICLE 37. Provisional Permits. - Whenever the Department finds, after investigation, that the sale or distribution in commerce of any class of food, cosmetics, drugs or devices, may be injurious to health, and that such injurious nature cannot be adequately determined after such articles have entered into domestic commerce, it shall promulgate regulations providing for the issuance, suspension and revocation of provisional permits, offer for sale or transfer of such classes of food, cosmetics, drugs or devices to manufacturers, processors or packers of the same in such locality to which shall be attached such conditions governing the manufacture, processing or packing of such consumer products for such temporary period of time as may be necessary to protect public health; and after the effective date of such regulations, and during such temporary period, no person shall, offer for sale or transfer any such food, cosmetics, drugs or devices unless such manufacturer, processor or packer holds such permit.

ARTICLE 38. Publicity and Publication. - a) The Department may cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations involving, in the opinion of the Department, imminent danger to health, or gross deception to the consumer. Nothing in this Article shall be construed to prohibit the Department from collecting, reporting, and illustrating the results of its investigations.

b) The Department shall publish a Drug Reference Manual and Drug Bulletin to serve as reference by manufacturers, distributors, physicians, consumers and such other groups as may be deemed necessary. The Department is hereby authorized to sell the Drug Reference Manual at cost.

ARTICLE 39. Administrative Sanctions. - In addition to the administrative sanctions provided for under Letter of Instructions No. 1223, the Department is hereby authorized to impose, after notice and hearing, administrative fines of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00) for any violation of this Act.
Prohibited Acts and Penalties
ARTICLE 40. Prohibited Acts. - The following acts and the causing thereof are hereby prohibited:

a) the manufacture, importation, exportation, sale, offering for sale, distribution or transfer of any food, drug, device or cosmetic that is adulterated or mislabeled;

b) the adulteration or misbranding of any food, drug, device, or cosmetic;

c) the refusal to permit entry or inspection as authorized by Article 36 to allow samples to be collected;

d) the giving of a guaranty or undertaking referred to in Article 41(b) hereof which guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to in Article 41(b) which guaranty or undertaking is false;

e) forging, counterfeiting, simulating, or falsely representing or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this Act;

f) the using by any person to his own advantage, or revealing, other than to the Department or to the courts when relevant in any judicial proceeding under this Act, any information concerning any method or process which as a trade secret is entitled to protection;

g) the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such product is held for sale (whether or not the first sale) and results in such product being adulterated or mislabeled;

h) the use, on the labeling of any drug or in any advertising relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under Article 31 hereof, or that such drug complies with the provisions of such articles;

i) the use, in labeling, advertising or other sales promotion, of any reference to any report or analysis furnished in compliance with Section 19 of Executive Order 175, series of 1987;

j) the manufacture, importation, exportation, sale, offering for sale, distribution, or transfer of any drug or device which is not registered with the Department pursuant to this Act;

k) the manufacture, importation, exportation, sale, offering for sale, distribution, or transfer of any drug or device by any person without the license from the Department required in this Act;

l) the sale or offering for sale of any drug or device beyond its expiration or expiry date;

m) the release for sale or distribution of a batch of drugs without batch certification when required under Article 34 hereof.

ARTICLE 41. Penalties. - a) Any person who violates any of the provisions of Article 40 hereof shall, upon conviction, be subject to imprisonment of not less than one (1) year but not more than five (5) years, or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), or both such imprisonment and fine, in the discretion of the Court.

Should the offense be committed by a juridical person, the Chairman of the Board of Directors, the President, General Manager, or the partners and/or the persons directly responsible therefor shall be penalized.

b) No person shall be subject to the penalties of sub-article (a) of this Article for (1) having sold, offered for sale or transferred any product and delivered it, if such delivery was made in good faith, unless he refuses to furnish on request of the Department, the name and address of the person from whom he purchased or received such product and copies of all documents, if any there be, pertaining to the delivery of the product to him; (2) having violated Article 40(a) if he established a guaranty or undertaking signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith the product, or (3) having violated Article 40(a), where the violation exists because the product is adulterated by reason of containing a color other than the permissible one under regulations promulgated by the Department in this Act, if such person establishes a guaranty or undertaking signed by, and containing the name and address, of the manufacturer of the color, to the effect that such color is permissible, under applicable regulations promulgated by the Department in this Act.
CHAPTER III Hazardous Substance
ARTICLE 42. Declaration of Policy. - The State shall adopt measures designed to protect the consumer against substances other than food, drugs, cosmetics and devices that are hazardous to his health and safety.

ARTICLE 43. Implementing Agency. - The Department of Health, hereby referred to as the Department, shall enforce the provisions of this Chapter.

ARTICLE 44. Regulations Declaring Hazardous Substances and Establishing Variations and Exemptions. - The Department shall promulgate the rules and regulations governing the implementation of this Article.

To resolve uncertainty as to the coverage of this Article, the Department may, by regulations, declare as hazardous any substance of mixture of substances which he finds meets the requirements of paragraph (ak), clause (1)(i) of Article 4.

If the Department finds that for good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Chapter is impracticable or is not necessary for the adequate protection of public health and safety, it shall promulgate regulations exempting such substances from these requirements to the extent he deems consistent with the objective of adequately safeguarding public health and safety, and any hazardous substance which does not bear a label in accordance with such regulations shall be deemed to be a mislabeled hazardous substance.

ARTICLE 45. Imports: Regulations on Imported Hazardous Substances. - a) The Commissioner of Customs shall deliver to the Department, upon its request, samples of hazardous substances being imported or offered for import to the Philippines, giving notice thereof to the owner or consignee who may appear before the Department and exercise the right to make testimony. If it appears from the examination of such samples that such hazardous substance is a mislabeled hazardous substance or banned hazardous substance, then such hazardous substance shall be refused admission except as may be provided in an order issued by the Department authorizing delivery of the refused products or substance under the requirements imposed therein. The Commissioner of Customs shall cause the destruction of any hazardous substance refused admission unless such is exported, under regulations issued by the Commissioner within ninety (90) days from the date of notice of such refusal or within such additional time as may be fixed by him.

b) Pending decision on the admissibility of a hazardous substance being imported or offered for import, the Commissioner of Customs may authorize delivery of such hazardous substance to the owner or consignee upon execution by him of a good and sufficient bond providing for the payment of such liquidated damages in the event of default. If it appears to the Department that the hazardous substance can by relabeling or other action be made to comply with the requirements of this Article final determination as to the admission of such hazardous substance may be deferred and upon filing of a timely written application by the owner or consignee and the execution by him of a bond as provided in the provision of this paragraph. The Department may, in accordance with regulations, authorize the applicant to perform such relabeling or other action specified in such authorization, including destruction or export of such rejected hazardous substance. All such relabeling or other action pursuant to such authorization shall be in accordance with regulations and shall be under the supervision of an officer or employee of the Commission of Customs and the Department.
Prohibited Acts and Penalties
ARTICLE 46. Prohibited Acts. - It shall be unlawful for any person to:

a) introduce or deliver for introduction into commerce of any mislabeled hazardous substance or banned hazardous substance;

b) alter, mutilate, destroy, obliterate or remove the whole or any part of the label of a mislabeled hazardous substance, or banned hazardous substance, if such act is done while the substance is in commerce or while the substance is held for sale, whether or not it is the first sale;

c) receive in commerce any mislabeled hazardous substance or banned hazardous substance and the delivery or preferred delivery thereof at cost or otherwise;

d) give the guaranty or undertaking referred to in paragraph (b) of Article 93 and paragraph (b) of Article 45 if such guaranty or undertaking if false, except by a person who relied upon a guaranty or undertaking which he received in good faith;

e) introduce or deliver for introduction into commerce or receive in commerce and subsequently deliver or preferred at cost or otherwise, or a hazardous substance in a reused food, drug, cosmetic or device container or in a container which, though not a reused container, is identifiable as a food, drug, cosmetic or device container by its labeling or by other identification. The use of a used food, drug, cosmetic or device container for a hazardous substance does not diminish the danger posed by the hazardous substance involved, therefore, such substance shall be deemed a mislabeled hazardous substance.

ARTICLE 47. Penalties, Exception. - a) Any person who violates any of the provisions of Article 46 shall, upon conviction, be subject to a fine of not less than One thousand pesos (P1,000.00) or an imprisonment of not less than six (6) months but not more than five (5) years or both upon the discretion of the court.

b) No person shall be subject to the penalties of paragraph (a) of this Article for (1) having violated paragraph (c) of Article 46 unless he refuses to furnish, upon request by the Department or his representative, the name and address of the person from who he purchased such hazardous substances and (2) having violated paragraph (a) of Article 46, if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person from whom he received in good faith, the hazardous substance to the effect that the hazardous substance is not a mislabeled hazardous substance or banned hazardous within the meaning of that term in this Act.
TITLE III Protection Against Deceptive, Unfair and Unconscionable Sales Acts or Practices CHAPTER I Deceptive, Unfair and Unconscionable Sales Acts or Practices
ARTICLE 48. Declaration of Policy. - The State shall promote and encourage fair, honest and equitable relations among parties in consumer transactions and protect the consumer against deceptive, unfair and unconscionable sales acts or practices.

ARTICLE 49. Implementing Agency. - The Department of Trade and Industry, hereby referred to as the Department, shall enforce the provisions of this Chapter.
Regulation of Sales Acts and Practices
ARTICLE 50. Prohibition Against Deceptive Sales Acts or Practices. - A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation or fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service. cdtai

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that:

a) a consumer product or service has the sponsorship, approval, performance, characteristics, ingredients, accessories, uses, or benefits it does not have;

b) a consumer product or service is of a particular standard, quality, grade, style, or model when in fact it is not;

c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered, reconditioned, reclaimed or second-hand state;

d) a consumer product or service is available to the consumer for a reason that is different from the fact;

e) a consumer product or service has been supplied in accordance with the previous representation when in fact it is not;

f) a consumer product or service can be supplied in a quantity greater than the supplier intends;

g) a service, or repair of a consumer product is needed when in fact it is not;

h) a specific price advantage of a consumer product exists when in fact it does not;

i) the sales act or practice involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms or other rights, remedies or obligations if the indication is false; and

j) the seller or supplier has a sponsorship, approval, or affiliation he does not have.

ARTICLE 51. Deceptive Sales Act or Practices By Regulation. - The Department shall, after due notice and hearing, promulgate regulations declaring as deceptive any sales act, practice or technique which is a misrepresentation of facts other than these enumerated in Article 50.

ARTICLE 52. Unfair or Unconscionable Sales Act or Practice. - An unfair or unconscionable sales act or practice by a seller or supplier in connection with a consumer transaction violates this Chapter whether it occurs before, during or after the consumer transaction. An act or practice shall be deemed unfair or unconscionable whenever the producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumer's physical or mental infirmity, ignorance, illiteracy, lack of time or the general conditions of the environment or surroundings, induces the consumer to enter into a sales or lease transaction grossly inimical to the interests of the consumer or grossly one-sided in favor of the producer, manufacturer, distributor, supplier or seller.

In determining whether an act or practice is unfair and unconscionable, the following circumstances shall be considered:

a) that the producer, manufacturer, distributor, supplier or seller took advantage of the inability of the consumer to reasonably protect his interest because of his inability to understand the language of an agreement, or similar factors;

b) that when the consumer transaction was entered into, the price grossly exceeded the price at which similar products or services were readily obtainable in similar transaction by like consumers;

c) that when the consumer transaction was entered into, the consumer was unable to receive a substantial benefit from the subject of the transaction;

d) that when the consumer transaction was entered into, the seller or supplier was aware that there was no reasonable probability or payment of the obligation in full by the consumer; and

e) that the transaction that the seller or supplier induced the consumer to enter into was excessively one-sided in favor of the seller or supplier.

ARTICLE 53. Chain Distribution Plans or Pyramid Sales Schemes. - Chain distribution plans or pyramid sales schemes shall not be employed in the sale of consumer products.

ARTICLE 54. Home Solicitation Sales. - No business entity shall conduct any home solicitation sale of any consumer product or service without first obtaining a permit from the Department. Such permit may be denied suspended or revoked upon cause as provided in the rules and regulations promulgated by the Department, after due notice and hearing.

ARTICLE 55. Home Solicitation Sales; When Conducted. - Home solicitation sales may be conducted only between the hours of nine o'clock in the morning and seven o'clock in the evening of each working day: Provided, That solicitation sales may be made at a time other than the prescribed hours where the person solicited has previously agreed to the same.

ARTICLE 56. Home Solicitation Sales; by Whom Conducted. - Home solicitation sales shall only be conducted by a person who has the proper identification and authority from his principal to make such solicitations.

ARTICLE 57. Receipts for Home Solicitation Sales. - Sales generated from home solicitation sales shall be properly receipted as per existing laws, rules and regulations on sale transactions.

ARTICLE 58. Prohibited Representations. - A home solicitation sale shall not represent that:

a) the buyer has been specially selected;

b) a survey, test or research is being conducted; or

c) the seller is making a special offer to a few persons only for a limited period of time.

ARTICLE 59. Referral Sales. - Referral selling plans shall not be used in the sale of consumer products unless the seller executes in favor of the buyer a written undertaking that will grant a specified compensation or other benefit to said buyer in return for each and every transaction consummated by said seller with the persons referred by said buyer or for subsequent sales that said buyers has helped the seller enter into.

ARTICLE 60. Penalties. - a) Any person who shall violate the provisions of Title III, Chapter I, shall upon conviction, be subject to a fine of not less than Five Hundred Pesos (P500.00) but not more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than five (5) months but not more than one (1) year or both, upon the discretion of the court.

b) In addition to the penalty provided for in paragraph (1), the court may grant an injunction restraining the conduct constituting the contravention of the provisions of Articles 50 and 51 and/or actual damages and such other orders as it thinks fit to redress injury to the person caused by such conduct.
CHAPTER II Regulation of Practices Relative to Weights and Measures General Provision
ARTICLE 61. Implementing Agency. - The provincial, city, or municipal treasurers shall strictly enforce the provisions of this Chapter, and its implementing rules and regulations: Provided, That, with respect to the use of the Metric System, it shall be enforced by the Department of Trade and Industry.

ARTICLE 62. Sealing and Testing of Instruments of Weights and Measure. - All instruments for determining weights and measures in all consumer and consumer related transactions shall be tested, calibrated and sealed every six (6) months by the official sealer who shall be the provincial or city or municipal treasurer or his authorized representative upon payment of fees required under existing law: Provided, That all instruments of weights and measures shall continuously be inspected for compliance with the provisions of this Chapter.

ARTICLE 63. Use of Metric System. - The system of weights and measures to be used for all products, commodities, materials, utilities, services and commercial transactions, in all contracts, deeds and other official and legal instruments and documents shall be the metric system, in accordance with existing laws and their implementing rules and regulations.

The Department of Trade and Industry shall also adopt standard measurement for garments, shoes and other similar consumer products.
Prohibited Acts
ARTICLE 64. Fraudulent Practices Relative to Weights and Measures. - The following acts relating to weights and measures are prohibited:

a) for any person other than the official sealer or his duly authorized representative to place or attach an official tag, seal, sticker, mark, stamp, brand or other characteristic sign used to indicate that such instrument of weight and measure has officially been tested, calibrated, sealed or inspected;

b) for any person to imitate any seal, sticker, mark, stamp, brand, tag or other characteristic sign used to indicate that such instrument of weight or measures has been officially tested, calibrated, sealed or inspected;

c) for any person other than the official sealer or his duly authorized representative to alter in any way the certificate or receipt given by the official sealer or his duly authorized representative as an acknowledgment that the instrument for determining weight or measure has been fully tested, calibrated, sealed or inspected;

d) for any person to make or knowingly sell or use any false or counterfeit seal, sticker, brand, stamp, tag, certificate or license or any dye for printing or making the same or any characteristic sign used to indicate that such instrument of weight or measure has been officially tested, calibrated, sealed or inspected;

e) for any person other than the official sealer or his duly authorized representative to alter the written or printed figures, letters or symbols on any official seal, sticker, receipt, stamp, tag, certificate or license used or issued;

f) for any person to use or reuse any restored, altered, expired, damaged stamp, tag certificate or license for the purpose of making it appear that the instrument of weight of measure has been tested, calibrated, sealed or inspected;

g) for any person engaged in the buying and selling of consumer products or of furnishing services the value of which is estimated by weight or measure to possess, use or maintain with intention to use any scale, balance, weight or measure that has not been sealed or if previously sealed, the license therefor has expired and has not been renewed in due time;

h) for any person to fraudulently alter any scale, balance, weight or measure after it is officially sealed;

i) for any person to knowingly use any false scale, balance, weight or measure, whether sealed or not;

j) for any person to fraudulently give short weight or measure in the making of a scale;

k) for any person, assuming to determine truly the weight or measure of any article bought or sold by weight or measure, to fraudulently misrepresent the weight or measure thereof; or

l) for any person to procure the commission of any such offense abovementioned by another.

Instruments officially sealed at some previous time which have remained unaltered and accurate and the seal or tag officially affixed thereto remains intact and in the same position and condition in which it was placed by the official sealer or his duly authorized representative shall, if presented for sealing, be sealed promptly on demand by the official sealer or his authorized representative without penalty except a surcharge fixed by law or regulation.

ARTICLE 65. Penalties. - a) Any person who shall violate the provisions of paragraphs (a) to (f) and paragraph (l) of Article 64 or its implementing rules and regulations shall, upon conviction, be subject to a fine of not less than Two hundred pesos (P200.00) but not more than One thousand pesos (P1,000.00) or by imprisonment of not more than one (1) year or both upon the discretion of the court.

b) Any person who shall violate the provisions of paragraph (g) of Article 64 for the first time shall be subject to a fine of not less than Five hundred pesos (P500.00) or by imprisonment of not less than one (1) month but not more than five (5) years or both, upon the discretion of the court.

c) The owner-possessor or user of instrument of weights and measure enumerated in paragraphs (h) to (k) of Article 64 shall, upon conviction, be subject to a fine of not less than Three hundred pesos (P300.00) or imprisonment not exceeding one (1) year, or both, upon the discretion of the court.
CHAPTER III Consumer Product and Service Warranties
ARTICLE 66. Implementing Agency. - The Department of Trade and Industry, shall strictly enforce the provision of this Chapter and its implementing rules and regulations.

ARTICLE 67. Applicable Law on Warranties. - The provisions of the Civil Code on conditions and warranties shall govern all contracts of sale with conditions and warranties.

ARTICLE 68. Additional Provisions on Warranties. - In addition to the Civil Code provisions on sale with warranties, the following provisions shall govern the sale of consumer products with warranty:

a) Terms of express warranty. - Any seller or manufacturer who gives an express warranty shall:

1) set forth the terms of warranty in clear and readily understandable language and clearly identify himself as the warrantor;

2) identify the party to whom the warranty is extended;

3) state the products or parts covered;

4) state what the warrantor will do in the event of a defect, malfunction of failure to conform to the written warranty and at whose expense;

5) state what the consumer must do to avail of the rights which accrue to the warranty; and

6) stipulate the period within which, after notice of defect, malfunction or failure to conform to the warranty, the warrantor will perform any obligation under the warranty.

b) Express warranty - operative from moment of sale. - All written warranties or guarantees issued by a manufacturer, producer, or importer shall be operative from the moment of sale.

1) Sales Report. - All sales made by distributors of products covered by this Article shall be reported to the manufacturer, producer, or importer of the product sold within thirty (30) days from date of purchase, unless otherwise agreed upon. The report shall contain, among others, the date of purchase, model of the product bought, its serial number, name and address of the buyer. The report made in accordance with this provision shall be equivalent to a warranty registration with the manufacturer, producer, or importer. Such registration is sufficient to hold the manufacturer, producer, or importer liable, in appropriate cases, under its warranty.

2) Failure to make or send report. - Failure of the distributor to make the report or send them the form required by the manufacturer, producer, or importer shall relieve the latter of its liability under the warranty: Provided, however, That the distributor who failed to comply with its obligation to send the sales report shall be personally liable under the warranty. For this purpose, the manufacturer shall be obligated to make good the warranty at the expense of the distributor.

3) Retail. - The retailer shall be subsidiarily liable under the warranty in case of failure of both the manufacturer and distributor to honor the warranty. In such case, the retailer shall shoulder the expenses and costs necessary to honor the warranty. Nothing therein shall prevent the retailer from proceeding against the distributor or manufacturer.

4) Enforcement of warranty or guarantee. - The warranty rights can be enforced by presentment of a claim. To this end, the purchaser needs only to present to the immediate seller either the warranty card or the official receipt along with the product to be serviced or returned to the immediate seller. No other documentary requirement shall be demanded from the purchaser. If the immediate seller is the manufacturer's factory or showroom, the warranty shall immediately be honored. If the product was purchased from a distributor, the distributor shall likewise immediately honor the warranty. In the case of a retailer other than the distributor, the former shall take responsibility without cost to the buyer of presenting the warranty claim to the distributor in the consumer's behalf.

5) Record of purchases. - Distributors and retailers covered by this Article shall keep a record of all purchases covered by a warranty or guarantee for such period of time corresponding to the lifetime of the product's respective warranties or guarantees.

6) Contrary stipulations - null and void. - All covenants, stipulations or agreements contrary to the provisions of this Article shall be without legal effect.

c) Designation of warranties. - A written warranty shall clearly and conspicuously designate such warranty as:

1) "Full warranty" if the written warranty meets the minimum requirements set forth in paragraph (d); or

2) "Limited warranty" if the written warranty does not meet such minimum requirements.

d) Minimum standards for warranties. - For the warrantor of a consumer product to meet the minimum standards for warranty, he shall:

1) remedy such consumer product within a reasonable time and without charge in case of a defect, malfunction or failure to conform to such written warranty;

2) permit the consumer to elect whether to ask for a refund or replacement without charge of such product or part, as the case may be, where after reasonable number of attempts to remedy the defect or malfunction, the product continues to have the defect or to malfunction.

The warrantor will not be required to perform the above duties if he can show that the defect, malfunction or failure to conform to a written warranty was caused by damage due to unreasonable use thereof.

e) Duration of warranty. - The seller and the consumer may stipulate the period within which the express warranty shall be enforceable. If the implied warranty on merchantability accompanies an express warranty, both will be of equal duration.

Any other implied warranty shall endure not less than sixty (60) days nor more than one (1) year following the sale of new consumer products.

f) Breach of warranties. - 1) In case of breach of express warranty, the consumer may elect to have the goods repaired or its purchase price refunded by the warrantor. In case the repair of the product in whole or in part is elected, the warranty work must be made to conform to the express warranty within thirty (30) days by either the warrantor or his representative. The thirty-day period, however, may be extended by conditions which are beyond the control of the warrantor or his representative. In case the refund of the purchase price is elected, the amount directly attributable to the use of the consumer prior to the discovery of the non-conformity shall be deducted.

2) In case of breach of implied warranty, the consumer may retain in the goods and recover damages, or reject the goods, cancel and contract and recover from the seller so much of the purchase price as has been paid, including damages.

ARTICLE 69. Warranties in Supply of Services. - a) In every contract for the supply of services to a consumer made by a seller in the course of a business, there is an implied warranty that the service will be rendered with due care and skill and that any material supplied in connection with such services will be reasonably fit for the purpose for which it is supplied.

b) Where a seller supplies consumer services in the course of a business and the consumer, expressly or by implication, makes known to the seller the particular purpose for which the services are required, there is an implied warranty that the services supplied under the contract and any material supplied in connection therewith will be reasonably fit for that purpose or are of such a nature or quality that they might reasonably be expected to achieve that result, unless the circumstances show that the consumer does not rely or that it is unreasonable for him to rely, on the seller's skill or judgment.

ARTICLE 70. Professional Services. - The provisions of this Act on warranty shall not apply to professional services of certified public accountants, architects, engineers, lawyers, veterinarians, optometrists, pharmacists, nurses, nutritionists, dietitians, physical therapists, salesmen, medical and dental practitioners and other professionals engaged in their respective professional endeavors.

ARTICLE 71. Guaranty of Service Firms. - Service firms shall guarantee workmanship and replacement of spare parts for a period not less than ninety (90) days which shall be indicated in the pertinent invoices.

ARTICLE 72. Prohibited Acts. - The following acts are prohibited:

a) refusal without any valid legal cause by the total manufacturer or any person obligated under the warranty or guarantee to honor a warranty or guarantee issued;

b) unreasonable delay by the local manufacturer or any person obligated under the warranty or guarantee in honoring the warranty;

c) removal by any person of a product's warranty card for the purpose of evading said warranty obligation;

d) any false representation in an advertisement as to the existence of a warranty or guarantee.

ARTICLE 73. Penalties. - a) Any person who shall violate the provisions of Article 67 shall be subject to fine of not less than Five hundred pesos (P500.00) but not more than Five thousand pesos (P5,000.00) or an imprisonment of not less than three (3) months but not more than two (2) years or both upon the discretion of the court. A second conviction under this paragraph shall also carry with it the penalty or revocation of his business permit and license.

b) Any person, natural or juridical, committing any of the illegal acts provided for in Chapter III, except with respect to Article 67, shall be liable for a fine of not less than One thousand pesos (P1,000.00) but not more than Fifty thousand pesos (P50,000.00) or imprisonment for a period of at least one (1) year but not more than five (5) years, or both, at the discretion of the court.

The imposition of any of the penalties herein provided is without prejudice to any liability incurred under the warranty or guarantee.
CHAPTER IV Labeling and Fair Packaging
ARTICLE 74. Declaration of Policy. - The State shall enforce compulsory labeling, and fair packaging to enable the consumer to obtain accurate information as to the nature, quality and quantity of the contents of consumer products and to facilitate his comparison of the value of such products.

ARTICLE 75. Implementing Agency. - The Department of Trade and Industry shall enforce the provisions of this Chapter and its implementing rules and regulations: Provided, That with respect to food, drugs, cosmetics, devices, and hazardous substances, it shall be enforced by the concerned department.

ARTICLE 76. Prohibited Acts on Labeling and Packaging. - It shall be unlawful for any person, either as principal or agent, engaged in the labeling or packaging of any consumer product, to display or distribute or to cause to be displayed or distributed in commerce any consumer product whose package or label does not conform to the provisions of this Chapter.

The prohibition in this Chapter shall not apply to persons engaged in the business of wholesale or retail distributors of consumer products except to the extent that such persons:

a) are engaged in the packaging or labeling of such products;

b) prescribe or specify by any means the manner in which such products are packaged or labeled; or

c) having knowledge, refuse to disclose the source of the mislabeled or mispackaged products.

ARTICLE 77. Minimum Labeling Requirements for Consumer Products. - All consumer products domestically sold whether manufactured locally or imported shall indicate the following in their respective labels of packaging:

a) its correct and registered trade name or brand name;

b) its duly registered trademark;

c) its duly registered business name;

d) the address of the manufacturer, importer, repacker of the consumer product in the Philippines;

e) its general make or active ingredients;

f) the net quality of contents, in terms of weight, measure or numerical count rounded of to at least the nearest tenths in the metric system;

g) country of manufacture, if imported; and

h) if a consumer product is manufactured, refilled or repacked under license from a principal, the label shall so state the fact.

The following may be required by the concerned department in accordance with the rules and regulations they will promulgate under authority of this Act:

a) whether it is flammable or inflammable;

b) directions for use, if necessary;

c) warning of toxicity;

d) wattage, voltage or amperes; or

e) process of manufacture used if necessary.

Any word, statement or other information required by or under authority of the preceding paragraph shall appear on the label or labeling with such conspicuousness as compared with other words, statements, designs or devices therein, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase or use.

The above requirements shall form an integral part of the label without danger of being erased or detached under ordinary handling of the product.

ARTICLE 78. Philippine Product Standard Mark. - The label may contain the Philippine Product Standard Mark if it is certified to have passed the consumer product standard prescribed by the concerned department.

ARTICLE 79. Authority of the Concerned Department to Provide for Additional Labeling and Packaging Requirements. - Whenever the concerned department determines that regulations containing requirements other than those prescribed in Article 77 hereof are necessary to prevent the deception of the consumer or to facilitate value comparisons as to any consumer product, it may issue such rules and regulations to:

a) establish and define standards for characterization of the size of a package enclosing any consumer product which may be used to supplement the label statement of net quality, of contents of packages containing such products but this clause shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any product;

b) regulate the placement upon any package containing any product or upon any label affixed to such product of any printed matter stating or representing by implication that such product is offered for retail at a price lower than the ordinary and customary retail price or that a price advantage is accorded to purchases thereof by reason of the size of the package or the quantity of its contents;

c) prevent the nonfunctional slack-fill of packages containing consumer products.

For purposes of paragraph (c) of this Article, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (1) protection of the contents of such package, (2) the requirements of machines used for enclosing the contents in such package, or (3) inherent characteristics of package materials or construction being used.

ARTICLE 80. Special Packaging of Consumer Products for the Protection of Children. - The concerned department may establish standards for the special packaging of any consumer product if it finds that:

a) the degree or nature of the hazard to children in the availability of such product, by reason of its packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling and use of such product; and

b) the special packaging to be required by such standard is technically feasible, practicable and appropriate for such product. In establishing a standard under this Article, the concerned department shall consider:

1) the reasonableness of such a standard;

2) available scientific, medical and engineering data concerning special packaging and concerning accidental, ingestions, illnesses and injuries caused by consumer product;

3) the manufacturing practices of industries affected by this Article; and

4) the nature and use of consumer products.

ARTICLE 81. Price Tag Requirement. - It shall be unlawful to offer any consumer product for retail sale to the public without an appropriate price tag, label or marking publicly displayed to indicate the price of each article and said products shall not be sold at a price higher than that stated therein and without discrimination to all buyers: Provided, That lumber sold, displayed or offered for sale to the public shall be tagged or labeled by indicating thereon the price and the corresponding official name of the wood: Provided, further, That if consumer products for sale are too small or the nature of which makes it impractical to place a price tag thereon price list placed at the nearest point where the products are displayed indicating the retail price of the same may suffice.

ARTICLE 82. Manner of Placing Price Tags. - Price tags, labels or markings must be written clearly, indicating the price of the consumer product per unit in pesos and centavos.

ARTICLE 83. Regulations for Price Tag Placement. - The concerned department shall prescribe rules and regulations for the visible placement of price tags for specific consumer products and services. There shall be no erasures or alterations of any sort of price tags, labels or markings.

ARTICLE 84. Additional Labeling Requirements for Food. - The following additional labeling requirements shall be imposed by the concerned department for food:

a) expiry or expiration date, where applicable;

b) whether the consumer product is semi-processed, fully processed, ready-to-cook, ready-to-eat, prepared food or just plain mixture;

c) nutritive value, if any;

d) whether the ingredients use are natural or synthetic, as the case may be;

e) such other labeling requirements as the concerned department may deem necessary and reasonable.

ARTICLE 85. Mislabeled Food. - A food shall also be deemed mislabeled:

a) if its labeling or advertising is false or misleading in any way;

b) if it is offered for sale under the name of another food;

c) if it is an imitation of another food, unless its label bears in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated;

d) its containers is so made, formed, or filled as to be misleading;

e) if in package form unless it bears a label conforming to the requirements of this Act: Provided, That reasonable variation on the requirements of labeling shall be permitted and exemptions as to small packages shall be established by the regulations prescribed by the concerned department of health;

f) if any word, statement or other information required by or under authority of this Act to appear on the principal display panel of the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

g) if it purports to be or is represented as a food for which a definition or standard of identity has been prescribed unless:

1) it conforms to such definition and standard; and

2) its labels bears the name of the food specified in the definition or standards, and insofar as may be required by such regulations, the common names of optional ingredients other than spices, flavoring and coloring, present in such food;

h) if it purports to be or is represented as:

1) a food for which a standard of quality has been prescribed by regulations as provided in this Act and its quality fall below such standard, unless its label bears in such manner and form as such regulations specify, a statement that it falls below such standard; or

2) a food for which a standard or standards or fill of container have been prescribed by regulations as provided by this Act and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;

i) if it is not subject to the provisions of paragraph (g) of this Article unless its label bears:

1) the common or usual name of the food, if there be any; and

2) in case it is manufactured or processed from two or more ingredients, the common or usual name of such ingredient; except the spices, flavorings and colorings other than those sold as such, may be designated as spices, flavorings and colorings without naming each: Provided, That to the extent that compliance with the requirement of clause (2) of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the concerned department of health;

j) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin or mineral or other dietary properties as the concerned department determines to be, or by regulations prescribed as necessary in order fully to inform purchasers as its value for such uses;

k) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling, stating that fact: Provided, That to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the concerned department. The provisions of this paragraph or paragraphs (g) and (i) with respect to the artificial coloring shall not apply in the case of butter, cheese or ice cream.

ARTICLE 86. Labeling of Drugs. - The Generics Act shall apply in the labeling of drugs.

ARTICLE 87. Additional Labeling Requirements for Cosmetics. - The following additional requirements may be required for cosmetics:

a) expiry or expiration date;

b) whether or not it may be an irritant;

c) precautions or contra-indications; and

d) such other labeling requirements as the concerned department may deem necessary and reasonable.

ARTICLE 88. Special Labeling Requirements for Cosmetics. - A cosmetic shall be deemed mislabeled:

a) if its labeling or advertising is false or misleading in any way;

b) if in package form unless it bears a label conforming to the requirements of labeling provided for in this Act or under existing regulations: Provided, That reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the concerned department;

c) if any word, statement or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

d) if its container is so made, formed or filled as to be misleading; or

e) if its label does not state the common or usual name of its ingredients.

ARTICLE 89. Mislabeled Drugs and Devices. - A drug or device shall be deemed to be mislabeled:

a) if its labeling is false or misleading in any way;

b) if it is in package form unless it bears a label conforming to the requirements of this Act or the regulations promulgated therefor: Provided, that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the concerned department.

c) if any word, statement or other information required by or under authority of this Act to appear on the principal display panel of the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

d) if it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote or sulfonmethane, or any chemical derivative of such substance, which derivative has been designated by the concerned department after investigation, and by regulations, as habit forming; unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning - May be habit forming";

e) its labeling does not bear:

1) adequate directions for use; and

2) such adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users: Provided, That where any requirement of clause (1) of this paragraph, as applied to any drug or device, is not necessary for the protection of the public health, the concerned department may promulgate regulations exempting such drug or device from such requirement;

f) if it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein: Provided, That the method of packing may be modified with the consent of the concerned department;

g) if it has been found by the concerned department to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the concerned department, shall by regulations, require as necessary for the protection of the public health;

h)1) if it is a drug and its container is so made, formed or filled as to be misleading; or

2) if it is an imitation of another drug; or

3) if it is offered for sale under the name of another drug;

i) if it is dangerous to health when used in the dosage, or with the frequency of duration prescribed, recommended or suggested in the labeling thereof;

j) if it is, purports to be or is represented as a drug composed wholly or partly of insulin or of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any other antibiotic drug, or any derivative thereof, unless:

1) it is from a batch with respect to which a certificate of release has been issued pursuant to regulations of the concerned department; and

2) such certificate of release is in effect with respect to such drug: Provided, That this paragraph shall not apply to any drug or class of drugs exempted by regulations promulgated under Authority of this Act.

ARTICLE 90. Regulation-making Exemptions. - The concerned department may promulgate regulations exempting from any labeling requirements of this Act food, cosmetics, drugs or devices which are, in accordance with the practice of trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed, labeled or packed on condition that such food, cosmetics, drugs or devices are not adulterated or mislabeled under the provisions of this Act and other applicable laws upon approval from such processing, labeling and repacking establishments.

ARTICLE 91. Mislabeled Hazardous Substances. - Hazardous substances shall be deemed mislabeled when:

a) having been intended or packaged in a form suitable for use in households, especially for children, the packaging or labeling of which is in violation of the special packaging regulations issued by the concerned department;

b) such substance fails to bear a label:

1) which states conspicuously:

(i) the name and the place of business of the manufacturer, packer, distributor or seller;

(ii) the common or usual name or the chemical name, if there be no common or usual name, of the hazardous substance or of each component which contributes substantially to the harmfulness of the substance, unless the concerned department by regulation permits or requires the use of the recognized generic name;

(iii) the signal word "danger" on substances which are extremely flammable, corrosive or highly toxic;

(iv) the signal word "warning" or "caution" with a bright red or orange color with a black symbol on all other hazardous substances;

(v) a clear statement as to the possible injury it may cause if used improperly;

(vi) precautionary measures describing the action to be followed or avoided;

(vii) instructions when necessary or appropriate for first-aid treatment;

(viii) the word "poison" for any hazardous substance which is defined as highly toxic;

(ix) instructions for handling and storage of packages which require special care in handling and storage; and

(x) the statement "keep out of the reach of children", or its practical equivalent, if the article is not intended for use by children and is not a banned hazardous substance, with adequate directions for the protection of children from the hazard involved. The aforementioned signal words, affirmative statements, description of precautionary measures, necessary instructions or other words or statements may be in the English language or its equivalent in Filipino; and

2) on which any statement required under clause 1) of this paragraph is located prominently in bright red and orange color with a black symbol in contrast typography, layout or color with the other printed matters on the label.

ARTICLE 92. Exemptions. - If the concerned department finds that for good or sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Act is impracticable or is not necessary for the adequate protection of public health and safety, it shall promulgate regulations exempting such substances from these requirements to the extent it deems consistent with the objective of adequately safeguarding public health and safety, and any hazardous substance which does not bear a label in accordance with such regulations shall be deemed mislabeled hazardous substance.

ARTICLE 93. Grounds for Seizure and Condemnation of Mislabeled Hazardous Substances. - a) Any mislabeled hazardous substance when introduced into commerce or while held for sale shall be liable to be proceeded against and condemned upon order of the concerned department in accordance with existing procedure for seizure and condemnation of articles in commerce: Provided, That this Article shall not apply to a hazardous substance intended for export to any foreign country if:

1) it is in a package labeled in accordance with the specifications of the foreign purchaser;

2) it is labeled in accordance with the laws of the foreign country;

3) it is labeled on the outside of the shipping package to show that it is intended for export; and

4) it is so exported,

b) any hazardous substance condemned under this Article shall after entry of order of condemnation be disposed of by destruction or sale as the concerned department may direct, and the proceeds thereof, if sold, less the legal cost and charges, shall be paid into the treasury of the Philippines; but such hazardous substance shall not be sold under any order which is contrary to the provisions of this Act: Provided, That, after entry of the order and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such hazardous substance shall not be sold or disposed of contrary to the provisions of this Act, the concerned department may direct that such hazardous substance be delivered to or retained by the owner thereof for destruction or for alteration to comply with the provisions of this Act under the supervision of an officer or employee duly designated by the concerned department. The expenses for such supervision shall be paid by the person obtaining release of the hazardous substance under bond.

c) all expenses in connection with the destruction provided for in paragraphs (a) and (b) of this Article and all expenses in connection with the storage and labor with respect to such hazardous substance shall be paid by the owner or consignee, and default in such payment shall constitute a lien against any importation by such owner or consignee.

ARTICLE 94. Labeling Requirements of Cigarettes. - All cigarettes for sale or distribution within the country shall be contained in a package which shall bear the following statement or its equivalent in Filipino: "Warning" Cigarette Smoking is Dangerous to Your Health". Such statement shall be located in conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout or color with other printed matter on the package. Any advertisement of cigarette shall contain the name warning as indicated in the label.

ARTICLE 95. Penalties. - a) Any person who shall violate the provisions of Title III, Chapter IV of this Act, or its implementing rules and regulations, except Articles 81 to 83 of the same Chapter, shall be subject to a fine of not less than Five hundred pesos (P500.00) but not more than Twenty thousand pesos (P20,000.00) or imprisonment of not less than three (3) months but not more than two (2) years or both, at the discretion of the court: Provided, That, if the consumer product is one which is not a food, cosmetic, drug, device or hazardous substance, the penalty shall be a fine of not less than Two hundred pesos (P200.00) but not more than Five thousand pesos (P5,000.00) or imprisonment of not less than one (1) month but not more than one (1) year or both, at the discretion of the court.

b) Any person who violates the provisions of Article 81 to 83 for the first time shall be subject to a fine of not less than Two hundred pesos (P200.00) but not more than Five thousand pesos (P5,000.00) or by imprisonment of not less than one (1) month but not more than six (6) months or both, at the discretion of the court. A second conviction under this paragraph shall also carry with it the penalty of revocation of business permit and license.
CHAPTER V Liability for Product and Service
ARTICLE 96. Implementing Agency. - The Department of Trade and Industry shall enforce the provisions of this Chapter and its implementing rules and regulations.

ARTICLE 97. Liability for the Defective Products. - Any Filipino or foreign manufacturer, producer, and any importer, shall be liable for redress, independently of fault, for damages caused to consumers by defects resulting from design, manufacture, construction, assembly and erection, formulas and handling and making up, presentation or packing of their products, as well as for the insufficient or inadequate information on the use and hazards thereof.

A product is defective when it does not offer the safety rightfully expected of it, taking relevant circumstances into consideration, including but not limited to:

a) presentation of product;

b) use and hazards reasonably expected of it;

c) the time it was put into circulation.

A product is not considered defective because another better quality product has been placed in the market.

The manufacturer, builder, producer or importer shall not be held liable when it evidences:

a) that it did not place the product on the market;

b) that although it did place the product on the market such product has no defect;

c) that the consumer or a third party is solely at fault.

ARTICLE 98. Liability of Tradesman or Seller. - The tradesman/seller is likewise liable, pursuant to the preceding article when:

a) it is not possible to identify the manufacturer, builder, producer or importer;

b) the product is supplied, without clear identification of the manufacturer, producer, builder or importer;

c) he does not adequately preserve perishable goods. The party making payment to the damaged party may exercise the right to recover a part of the whole of the payment made against the other responsible parties, in accordance with their part or responsibility in the cause of the damage effected.

ARTICLE 99. Liability for Defective Services. - The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.

The service is defective when it does not provide the safety the consumer may rightfully expect of it, taking the relevant circumstances into consideration, including but not limited to:

a) the manner in which it is provided;

b) the result of hazards which may reasonably be expected of it;

c) the time when it was provided.

A service is not considered defective because of the use or introduction of new techniques.

The supplier of the services shall not be held liable when it is proven:

a) that there is no defect in the service rendered;

b) that the consumer or third party is solely at fault.

ARTICLE 100. Liability for Product and Service Imperfection. - The suppliers of durable or non-durable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption for which they are designed or decrease their value, and for those resulting from inconsistency with the information provided on the container, packaging, labels or publicity messages/advertisement, with due regard to the variations resulting from their nature, the consumer being able to demand replacement to the imperfect parts.

If the imperfection is not corrected within thirty (30) days, the consumer may alternatively demand at his option:

a) the replacement of the product by another of the same kind, in a perfect state of use;

b) the immediate reimbursement of the amount paid, with monetary updating, without prejudice to any losses and damages;

c) a proportionate price reduction.

The parties may agree to reduce or increase the term specified in the immediately preceding paragraph; but such shall not be less than seven (7) nor more than one hundred and eighty (180) days.

The consumer may make immediate use of the alternatives under the second paragraph of this Article when by virtue of the extent of the imperfection, the replacement of the imperfect parts may jeopardize the product quality or characteristics, thus decreasing its value.

If the consumer opts for the alternative under sub-paragraph (a) of the second paragraph of this Article, and replacement of the product is not possible, it may be replaced by another of a different kind, mark or model: Provided, That any difference in price may result thereof shall be supplemented or reimbursed by the party which caused the damage, without prejudice to the provisions of the second, third and fourth paragraphs of this Article.

ARTICLE 101. Liability for Product Quantity Imperfection. - Suppliers are jointly liable for imperfections in the quantity of the product when, in due regard for variations inherent thereto, their net content is less than that indicated on the container, packaging, labeling or advertisement, the consumer having powers to demand, alternatively, at his own option:

a) the proportionate price

b) the supplementing of weight or measure differential;

c) the replacement of the product by another of the same kind, mark or model, without said imperfections;

d) the immediate reimbursement of the amount paid, with monetary updating without prejudice to losses and damages if any.

The provisions of the fifth paragraph of Article 99 shall apply to this Article.

The immediate supplier shall be liable if the instrument used for weighing or measuring is not gauged in accordance with official standards.

ARTICLE 102. Liability for Service Quality Imperfection. - The service supplier is liable for any quality imperfections that render the services improper for consumption or decrease their value, and for those resulting from inconsistency with the information contained in the offer or advertisement, the consumer being entitled to demand alternatively at his option:

a) the performance of the services, without any additional cost and when applicable;

b) the immediate reimbursement of the amount paid, with monetary updating without prejudice to losses and damages, if any;

c) a proportionate price reduction.

Reperformance of services may be entrusted to duly qualified third parties, at the supplier's risk and cost.

Improper services are those which prove to be inadequate for purposes reasonably expected of them and those that fail to meet the provisions of this Act regulating service rendering.

ARTICLE 103. Repair Service Obligation. - When services are provided for the repair of any product, the supplier shall be considered implicitly bound to use adequate, new, original replacement parts, or those that maintain the manufacturer's technical specifications unless, otherwise authorized, as regards to the latter by the consumer.

ARTICLE 104. Ignorance of Quality Imperfection. - The supplier's ignorance of the quality imperfections due to inadequacy of the products and services does not exempt him from any liability.

ARTICLE 105. Legal Guarantee of Adequacy. - The legal guarantee of product or service adequacy does not require an express instrument or contractual exoneration of the supplier being forbidden.

ARTICLE 106. Prohibition in Contractual Stipulation. - The stipulation in a contract of a clause preventing, exonerating or reducing the obligation to indemnify for damages effected, as provided for in this and in the preceding Articles, is hereby prohibited, if there is more than one person responsible for the cause of the damage, they shall be jointly liable for the redress established in the pertinent provisions of this Act. However, if the damage is caused by a component or part incorporated in the product or service, its manufacturer, builder or importer and the person who incorporated the component or part are jointly liable.

ARTICLE 107. Penalties. - Any person who shall violate any provision of this Chapter or its implementing rules and regulations with respect to any consumer product which is not food, cosmetic, or hazardous substance shall upon conviction, be subject to a fine of not less than Five thousand pesos (P5,000.00) and by imprisonment of not more than one (1) year or both upon the discretion of the court.

In case of juridical persons, the penalty shall be imposed upon its president, manager or head. If the offender is an alien, he shall, after payment of fine and service of sentence, be deported without further deportation proceedings.
CHAPTER VI Advertising and Sales Promotion
ARTICLE 108. Declaration of Policy. - The State shall protect the consumer from misleading advertisements and fraudulent sales promotion practices.

ARTICLE 109. Implementing Agency. - The Department of Trade and Industry shall enforce the provisions of this Chapter and its implementing rules and regulations: Provided, That with respect to food, drugs, cosmetics, devices and hazardous substances, it shall be enforced by the Department of Health.
False, Deceptive and Misleading Advertisement
ARTICLE 110. False, Deceptive or Misleading Advertisement. - It shall be unlawful for any person to disseminate or to cause the dissemination of any false, deceptive or misleading advertisement by Philippine mail or in commerce by print, radio, television, outdoor advertisement or other medium for the purpose of inducing or which is likely to induce directly or indirectly the purchase of consumer products or services.

An advertisement shall be false, deceptive or misleading if it is not in conformity with the provisions of this Act or if it is misleading in a material respect. In determining whether any advertisement is false, deceptive or misleading, there shall be taken into account, among other things, not only representations made or any combination thereof, but also the extent to which the advertisement fails to reveal material facts in the light of such representations, or materials with respect to consequences which may result from the use or application of consumer products or services to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.

ARTICLE 111. Price Comparisons. - Comparative price advertising by sellers of consumer products or services shall conform to the following conditions: a) Where the comparison relates to a former price of the seller, the item compared shall either have been sold at that price within the ninety (90) days immediately preceding the date of the advertisement, or it shall have been offered for sale for at least four (4) weeks during such ninety-day period. If the comparison does not relate to an item sold or offered for sale during the ninety-day period, the date, time or seasonal period of such sale or offer shall be disclosed in the advertisement.

b) Where the comparison relates to a seller's future price, the future price shall take effect on the date disclosed in the advertisement or within ninety (90) days after the price comparison is stated in the advertisement. The stated future price shall be maintained by the seller for a period of at least four (4) weeks after its effective date: Provided, That compliance thereof may be dispensed with in case of circumstances beyond the seller's control.

c) Where the comparison relates to a competitor's price, the competitor's price shall relate to the consumer products or services advertised or sold in the ninety-day period and shall be representative of the prices similar consumer products or services are sold or advertised in the locality where the price comparison was made.

ARTICLE 112. Special Advertising Requirements for Food, Drug, Cosmetic, Device, or Hazardous Substance. - a) No claim in the advertisement may be made which is not contained in the label or approved by the concerned department.

b) No person shall advertise any food, drug, cosmetic, device, or hazardous substance in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit, or safety.

c) Where a standard has been prescribed for a food, drug, cosmetic, or device, no person shall advertise any article or substance in such a manner that it is likely to be mistaken for such product, unless the article complies with the prescribed standard or regulation.

d) No person shall, in the advertisement of any food, drug, cosmetic, device, or hazardous substance, make use of any reference to any laboratory report of analysis required to be furnished to the concerned department, unless such laboratory report is duly approved by such department.

e) Any businessman who is doubtful as to whether his advertisement relative to food, drug, cosmetic, device, or hazardous substance will violate or does not conform with this Act or the concerned department's pertinent rules and regulations may apply to the same for consideration and opinion on such matter before such advertisement is disseminated to the public. In this case, the concerned department shall give its opinion and notify the applicant of its action within thirty (30) days from the date of application; otherwise, the application shall be deemed approved.

f) No person shall advertise any food, drug, cosmetic, device, or hazardous substance unless such product is duly registered and approved by the concerned department for use in any advertisement.

ARTICLE 113. Credit Advertising. - No advertisement to aid, promote, or assist, directly or indirectly, any extension of consumer credit may:

a) state that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payment or installments for that period and in that amount; and

b) state that a specified down payment is required in any extension of consumer credit, unless the creditor usually or customarily arranges down payment in that amount.

ARTICLE 114. Advertising of Open-end Credit Plan. - In case of an open-end credit plan, the rate of interest and other material features of the plan shall be disclosed in the advertisement.

ARTICLE 115. Special Claims. - Any advertisement which makes special claims shall:

a) substantiate such claims; and

b) properly use research result, scientific terms, statistics or quotations.

Promotion of Sales of Consumer Products and Services

ARTICLE 116. Permit to Conduct Promotion. - No person shall conduct any sales campaigns, including beauty contest, national in character, sponsored and promoted by manufacturing enterprises without first securing a permit from the concerned department at least thirty (30) calendar days prior to the commencement thereof. Unless an objection or denial is received within fifteen (15) days from filing of the application, the same shall be deemed approved and the promotion campaign or activity may be conducted: Provided, That any sales promotion campaign using medical prescriptions or any part thereof or attachment thereto for raffles or a promise of reward shall not be allowed, nor a permit be issued thereof.

ARTICLE 117. Suspension of Publication or Dissemination of Information. - The concerned department may, after due notice and hearing, suspend the publication and dissemination of any information accompanying a sales promotion campaign, if it finds the campaign to be in violation of the provisions of this Chapter or its implementing rules and regulations.

ARTICLE 118. Conduct of Sales Promotion. - A sales promotion which is intended for broad consumer participation and utilizes mass media shall indicate the duration, commencement and termination of the promotion, the deadline for submission of entries and the governing criteria or procedure to be followed therein.

ARTICLE 119. Packaging of Products Under Promotion. - The packaging of the products covered by the sales promotion shall not be tampered, neither shall any change in the product's package be affected without the authority of the sponsoring agency or the owner or manufacturer of the product.

ARTICLE 120. Change in Starting and Termination Dates of Promotion. - The concerned department shall be advised of any delay of starting dates or termination dates and details of any change in the conduct of a sales promotion. Any change in the termination dates shall be published in a newspaper of general circulation before the expiration of the original schedule or the termination date, whichever comes first.

ARTICLE 121. Determination of Winners. - The winners in any sales promotion shall be determined at a definite time and place and shall be verified by a representative of the concerned department and the sponsor. Immediately after the winners are selected or determined, a list with their addresses and corresponding prizes shall be submitted to the concerned department. All winners shall be announced or published in the same manner that the sales promotion was announced or published: Provided, That publication in a newspaper of general circulation shall be done in a legible manner at least once, if the sales promotion is national in scope: Provided, further, That such announcement and publication shall be done not later than two (2) weeks after the determination of winners. In all cases where the amount of the price is Five hundred pesos (P500.00) or more, the winners shall also be notified in writing by registered mail or any communication wherein proof of notice or service can be verified.

ARTICLE 122. Injunctive Relief . - a) Whenever the concerned department has the reason to believe (1) that any person, partnership or corporation is engaged in or is about to engage in the dissemination or the causing of dissemination of any advertisement in violation of Articles 110 to 115, and (2) that the enjoining thereof would be to the interest of the public, the concerned department shall direct the filing of a complaint in the court of competent jurisdiction, to enjoin the dissemination or the causing of the dissemination of such advertisement. Upon proper showing, a temporary injunction or restraining order shall be granted without bond. Any such complaint shall be filed in the locality in which the person, partnership or corporation resides or transacts business.

b) Any person who may suffer loss, damage or injury due to a false, misleading or deceptive advertisement as defined in Article 4 may file a complaint with injunction in his own name with any court of competent jurisdiction to recover damages, cost of suit and reasonable attorney's fees.

ARTICLE 123. Penalties. - a) any person, association, partnership or corporation who shall violate any of the provisions of Articles 110 to 115 shall, upon conviction, be subject to a fine of not less than Five Hundred Pesos (P500.00) but not more than Five thousand pesos (P5,000.00) or an imprisonment of not less than one (1) month but not more than (6) months or both upon the discretion of the court.

b) Any violation of the provisions of Articles 116 to 121 shall, upon conviction, subject the offenders to a fine of not less than Two hundred pesos (P200.00) but not more than Six hundred pesos (P600.00) or an imprisonment of not less than one (1) month but not more than six (6) months or both upon the discretion of the court. If the violation was committed by a juridical person, the manager, representative, director, agent or employee of said juridical person responsible for the act shall be deported after service of sentence and payment of the fine without need for further deportation proceedings.

ARTICLE 124. Exemption from Penalties. - No publisher, radio broadcast, television licensee or medium for the dissemination of advertising shall be liable, under this Chapter, by reason of dissemination by him of any false advertisement unless he refuses, on the request of appropriate authorities, to furnish the name and post office address of the manufacturer, packer, distributor seller or advertising agency. This exemption shall not apply however, to the manufacturer, packer, distributor or seller of the consumer product or service and the advertising agency responsible for the false and misleading advertising.
CHAPTER VII Regulation of Repair and Service Firms
ARTICLE 125. Declaration of Policy. - The State shall cause the accreditation of repair and service firms or establishments and their technical personnel in order to protect the interest of the consumers availing of their services.

ARTICLE 126. Implementing Agency. - The Department of Trade and Industry, hereby referred to as the Department, shall enforce the provisions of this Chapter.

ARTICLE 127. Minimum Requirements for Accreditation. - The following shall be the minimum requirements for accreditation or repair and service firms:

a) the duly registered business name, firm name or style of the firm;

b) date of issue and effectivity of the certificate of accreditation;

c) number and skills of technical personnel; and

d) required license for the repair or servicing of any consumer product as required by special laws.

ARTICLE 128. Accreditation of Repair and Service Firm. - No person shall operate a repair and service firm or act as technical personnel therein without first being accredited by the Department.

ARTICLE 129. Certification of Accreditation. - Upon compliance with the requirements for accreditation, the Department shall issue the corresponding certificate of accreditation. A separate certificate shall be required for each branch of an enterprise located in areas outside of the main office. However, with respect to repair and service centers of factory authorized representatives or franchised dealers, such centers may display a certified true copy of the certificate of accreditation of the parent company.

ARTICLE 130. Suspension, Revocation or Cancellation of Certification of Accreditation. - Any certificate of accreditation may be suspended, revoked or cancelled by the Department, for cause, after due notice and hearing.
TITLE IV Consumer Credit Transaction
ARTICLE 131. Declaration of Policy. - The State shall simplify, clarify and modernize the laws governing credit transactions and encourage the development of fair and economically sound consumer credit practices. To protect the consumer from lack of awareness of the true cost of credit to the user, the State shall assure the full disclosure of the true cost of credit.

ARTICLE 132. Determination of Finance Charges. - Except as otherwise provided, the amount of the finance charges in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended and imposed directly or indirectly by the creditor as an accident to the extension of credit, including any of the following type of charges which are applicable:

a) interest or time price differential and any amount payable under point or other system of additional charges;

b) collection fees which include finder's fees or similar charges;

c) credit investigation fees;

d) notarial fees, if any;

e) premium or other charges for any guarantee or insurance protecting the creditor against the obligor's default or other credit loss. The implementing agency shall determine what items shall be exempted from the computation of the finance charges.

ARTICLE 133. Determination of Simple Annual Rate. - The simple annual rate applicable to any extension of consumer credit shall be determined in accordance with the rules and regulations promulgated by the implementing agency.

ARTICLE 134. Delinquency Charges. - With respect to a consumer credit transaction other than one pursuant to an open-end credit plan, the parties may agree to a delinquency charge on any installment not pain in full on or before the tenth day after its scheduled or deferred due date.

ARTICLE 135. Deferral Charges. - The parties in a consumer credit transaction may at any time agree in writing to a deferral of all or part of one or more unpaid installments and the creditor may make and collect a charge which shall not exceed the rate previously disclosed pursuant to the provisions on disclosure. A deferral charge may be collected at the time it is assessed.

ARTICLE 136. Finance Charge on Refinancing. - The parties may agree on a finance charge in an open-end credit plan based on the amount financed resulting from the refinancing or consolidation at a rate not exceeding that permitted by the rules promulgated by the implementing agency.

ARTICLE 137. Right to Prepay. - The person to whom credit is extended may prepay in full or in part, at any time without penalty, the unpaid balance of any consumer credit transaction.

ARTICLE 138. Rebate on Prepayment. - Upon prepayment in full of the unpaid balance of a precomputed consumer credit transaction, refinancing or consolidation, an amount not less than the unearned portion of the finance charge calculated according to this Article shall be rebated to the person to whom credit is extended.

The unearned portion of the precomputed finance charge on consumer transactions repayable in substantially equal successive installments shall be equal to at least that portion of finance charge which the sums of the installment balances of the obligation scheduled to be outstanding after the installment date nearest the date of prepayment bears to the sum of all installment balances originally scheduled to be outstanding under the obligation.

For the purpose of determining the installment date nearest the date of prepayment when payments are monthly, any payment made on or before the fifteenth day following an installment due date shall be deemed to have been made as of the installment due date, and if prepayment occurs after the fifteenth day, it shall be deemed to have been made on the succeeding installment due date. This method of calculating rebates may be referred to as the "rule of 78" or "sum of the digits" method.

The implementing agency may promulgate and adopt rules and regulations with respect to other precomputed consumer credit transactions.

ARTICLE 139. General Requirement on Credit Cost Disclosure. - Each creditor shall disclose, in accordance with the regulations of the implementing agency, to each person to whom consumer credit is extended, the disclosures required by this Act.

If there is more than one obligor, a creditor need not furnish a statement of information required under this Act to more than one of them.

ARTICLE 140. Credit Sale, Required Disclosures. - Any creditor extending a consumer credit sale other than one pursuant to an open-end credit plan shall disclose in a statement to the extent applicable, the following information:

a) the cash price or delivered price of the property or service to be acquired;

b) the amounts, if any, to be credited as down payment and/or trade in;

c) the total amount to be financed or the difference between the amounts set forth under paragraphs (1) and (2);

d) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit;

e) the finance charge expressed in terms of pesos and centavos;

f) the percentage that the finance charge bears to the total amount to be financed expressed as a simple annual rate on the outstanding balance of the obligation;

g) the effective interest rate;

h) the number, amount and due dates or periods of payments scheduled to repay the indebtedness; and

i) the default, delinquency or similar charges payable in the event of late payments.

ARTICLE 141. Required Disclosure on Open-end Credit Plan. - Before opening any account under an open-end consumer credit plan, the creditor shall disclose, to the extent applicable, the following information:

a) the conditions under which a finance charge may be imposed, including the time period, if any, within which any credit extended may be repaid without incurring a finance charge;

b) the method of determining the balance upon which a finance charge may be imposed;

c) the method of determining the amount of the finance charges, including any minimum or fixed amount imposed as a finance charge;

d) where one or more periodic rates may be used to compute a finance charge, each such rate, the range of balances to which it is applicable, and the corresponding simple annual rate;

e) the conditions under which the creditor may impose a security lien and a description of the goods to which such lien may attach.

The implementing agency shall prescribe regulations consistent with commonly accepted accounting standards to carry out the requirements of this Article.

ARTICLE 142. Required Disclosures on Consumer Loans Not Under Open-End Credit Plan. - Any creditor extending a consumer loan or in a transaction which is neither a consumer credit sale nor under an open-end consumer credit plan shall disclose, to the extent applicable, the following information:

a) the amount of credit of which the debtor will have the actual use, or which is or will be paid to him or for his account or to another person on his behalf;

b) all charges, individually itemized, which are included in the amount of credit extended but which are not part of the finance charge;

c) the total amount to be financed or the sum of the amounts referred to in paragraphs (a) and (b);

d) the finance charge expressed in terms or pesos and centavos;

e) the effective interest rate;

f) the percentage that the finance charge bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation;

g) the default, delinquency or similar charges payable in the event of late payments;

h) a description of any security interest held or to be held or to be retained or acquired by the creditor in connection with the extension of credit and a clear identification of the property to which the security interest relates.

ARTICLE 143. Form and Timing of Disclosure. - All disclosures required under this Act shall be made clearly and conspicuously in writing before the transaction is consummated.

ARTICLE 144. Periodic Statement of Charges. - The periodic statement transmitted by the creditor in connection with any extension of consumer credit other than under an open-end consumer credit plan, shall set forth the following information:

a) the simple annual rate;

b) the effective interest rate;

c) the date by which, or the period (if any) within which payment must be made in order to avoid additional finance charges;

d) method of determining the balance upon which the finance charge may be imposed.

ARTICLE 145. Exempted Transaction. - The foregoing requirements on consumer credit transactions shall not apply to the following credit transactions:

a) those involving extension of credits for business or commercial purposes, or to the Government and governmental agencies and instrumentalities, juridical entities or to organizations;

b) those in which the debtor is the one specifying the definite set of credit terms such as bank deposits, insurance contracts, sale of bonds or analogous transactions.

ARTICLE 146. Sale of Consumer Products On Installment Payment. - In a consumer credit sale other than one pursuant to an open-end credit plan, the obligation of the consumer to whom credit is being extended shall be evidenced by a single instrument which shall include, in addition to the disclosures required by this act, the signature of the seller and the person to whom credit is extended, the date it was signed, a description of the property sold and a description of any property transferred as a trade-in. The instrument evidencing the credit shall contain a clear and conspicuous typewritten notice to the person to whom credit is being extended that:

a) he should not sign the instrument if it contains any blank space;

b) he is entitled to a reasonable return of the precomputed finance charge if the balance is prepaid; and

c) he is entitled to an exact, true copy of the agreement.

In cases where the instrument will be sold at a discount to a bank, financing company or other lender, the said transferee shall be subject to all claims and defenses which the debtor could assert against the seller of consumer products obtained hereto or with the proceeds thereof.

ARTICLE 147. Penalties. - Any creditor who in connection with any credit transaction fails to disclose to any person any information in violation of this Chapter or the Implementing rules and regulations issued thereunder shall be liable to such person in the amount of One thousand pesos (P1,000.00) or in amount equal to twice the finance charge required by such creditor in connection with such transaction, whichever is greater, except that such liability shall not exceed Three thousand pesos (P3,000.00) for any credit transaction and actual damages with the non-disclosure of the required information. Action to recover such penalty may be brought by such person within one (1) year from the date of the occurrence of the violation in any court of competent jurisdiction.
TITLE V The National Consumer Affairs Council CHAPTER I Establishment and Composition
ARTICLE 148. National Consumer Affairs Council. - To improve the management, coordination and effectiveness of consumer programs, a National Consumer Affairs Council is hereby created, hereinafter referred to as the "Council".

ARTICLE 149. Composition. - The Council shall be composed of representatives from the following government agencies and non-government agencies:

a) Department of Trade and Industry;

b) Department of Education, Culture and Sports;

c) Department of Health;

d) Department of Agriculture;

e) four (4) representatives from consumer organizations of nationwide base to be chosen by the President from among the nominees submitted by the various consumer groups in the Philippines;

f) two (2) representatives from business/industry sector to be chosen by the President from among the nominees submitted by the various business organizations.

ARTICLE 150. Chairman; Functions. - The Council shall be headed and presided by a Chairman who shall be elected by the members from among themselves. He shall establish, with the concurrence of the Council, the policies, procedures and standards to govern the implementation and interpretation of the functions and duties of the Council.

ARTICLE 151. Per Diems of Members. - The members of the Council shall be entitled to an allowance of Five hundred pesos (P500.00) per meeting actually attended but not more than Two thousand pesos (P2,000.00) a month.

ARTICLE 152. The Secretariat. - The Council shall appoint an Executive Director who shall assist the Chairman and act as Secretary of the Council. The Department of Trade and Industry shall provide the Secretariat which shall assist the Council in the effective performance of its functions.
CHAPTER II Powers and Functions
ARTICLE 153. Powers and Functions. - The Council shall have the following powers and functions:

a) to rationalize and coordinate the functions of the agencies charged with consumer programs and enforcement of consumer related laws to the end that an effective, coordinated and integrated system of consumer protection, research and implementation and enforcement of such laws shall be achieved;

b) to recommend new policies and legislation or amendments to existing ones;

c) to monitor and evaluate implementation of consumer programs and projects and to take appropriate steps to ensure that concerned agencies take appropriate steps to comply with the established priorities, standards and guidelines;

d) to seek the assistance of government instrumentalities in the form of augmenting the need for personnel, facilities and other resources;

e) to undertake a continuing education and information campaign to provide the consumer with, among others:

1) facts about consumer products and services;

2) consumer rights and the mechanism for redress available to him;

3) information on new concepts and developments on consumer protection; and

4) general knowledge and awareness necessary for a critical and better judgment on consumption;

5) such other matters of importance to the consumer's general well-being.

ARTICLE 154. Consumer Education in Schools. - The Department of Education, Culture and Sports, with the cooperation and advice of the Council, shall develop and adopt a consumer education program which shall be integrated into existing curricula of all public and private schools from primary to secondary levels.

A continuing consumer education program for out-of-school youth and adults shall likewise be developed and undertaken.

The consumer education program shall include information regarding:

a) the consumer as a responsible member of society and his responsibility to develop:

1) critical awareness which is the responsibility to be alert and questioning about the use of and the price and quality of goods he uses;

2) assertiveness which is the responsibility to assert himself and act so he is assured of a fair deal, aware that for as long as he remains to be a passive consumer he will continue to be exploited;

3) social concern which is the responsibility to be aware of the impact of his consumption on other citizens, especially the disadvantaged; and

4) environmental awareness which is the responsibility to understand the environmental consequences of his consumption, recognizing his individual and social responsibility to conserve natural resources for future generations;

b) consumer rights; and

c) practical problems the consumer faces in daily life.

ARTICLE 155. Concerned Departments, Powers and Duties Under Existing Laws. - The concerned departments shall continue to exercise the powers and duties provided to them under existing laws, unless repealed or modified accordingly.

ARTICLE 156. Consumer Participation. - The Departments shall establish procedures for meaningful participation by consumers or consumer organizations in the development and review of department rules, policies and programs. Such procedures shall include provisions for a forum, where consumers can express their concerns and recommendations to decision makers. The departments shall exert efforts to inform consumers of pending proceedings where their participation is important.

ARTICLE 157. Advisory Services. - The departments shall render advisory services upon request. Technical and legal assistance shall be made available to consumers and their organizations and to the general public.

ARTICLE 158. Consumer Program Reforms. - Each concerned Department shall formulate and develop a consumer program consonant with the objectives of its charter or the applicable laws which program shall embody the standards set forth in Sections 156 and 157 of this Act. Copies of these program shall be furnished the Council. The Executive Director shall, among his other functions, monitor and coordinate the implementation by the concerned agencies of their respective consumer programs.

After the close of the fiscal year, the Council shall submit to Congress and the Office of the President, a full report on the progress of the implementation of consumer programs.
CHAPTER III Consumer Complaints
ARTICLE 159. Consumer Complaints. - The concerned department may commerce an investigation upon petition or upon letter-complaint from any consumer: Provided, That, upon a finding by the department of a prima facie violation of any provisions of this Act or any rule or regulation promulgated under its authority, it may motu proprio or upon verified complaint commerce formal administrative action against any person who appears responsible therefor. The department shall establish procedures for systematically logging in, investigating and responding to consumer complaints into the development of consumer policies, rules and regulations, assuring as far as practicable simple and easy access on the part of the consumer to seek redress for his grievances.

ARTICLE 160. Consumer Arbitration Officers. - The concerned Department Secretaries shall appoint as many qualified consumer arbitration officers as may be necessary for the effective and efficient protection of consumer rights: Provided, however, That there shall be not more than ten (10) consumer arbitration officers per province, including the National Capital Region.

ARTICLE 161. Consumer Arbitration Officers; Qualifications. - The consumer arbitration officer must be a college graduate with at least three (3) years experience in the field of consumer protection and shall be of good moral character.

ARTICLE 162. Arbitration Officers; Jurisdiction. - The consumer arbitration officers shall have original and exclusive jurisdiction to mediate, conciliate, hear and adjudicate all consumer complaints, Provided, however, That this does not preclude the parties from pursuing the proper judicial action.

ARTICLE 163. Investigation Procedure. - a) The consumer arbitration officer shall conduct hearings on any complaint received by him or referred by the Council.

b) Parties to the case shall be entitled to notice of the hearing, and shall be informed of the date, time and place of the same. A copy of the complaint shall be attached to the notice.

c) The department shall afford all interested parties the opportunity to submit a statement of facts, arguments, offers of settlement or proposals of adjustments.

d) The Consumer arbitration officer shall first and foremost ensure that the contending parties come to a settlement of the case.

e) In the event that a settlement has not been effected, the Mediation officer may now proceed to formally investigate, hear and decide the case.

f) The Consumer arbitration officer may summon witnesses, administer oaths and affirmations, issue subpoena and subpoena duces tecum, rule upon offers of proof and receive relevant evidence, take or cause deposition to be taken whenever the ends of justice would be served thereby, regulate the course of the hearing, rule on any procedural request or similar matter and decide the complaint.

In hearing the complaint, the mediation officer shall use every and all reasonable means to ascertain the facts in each complaint speedily and objectively without regard to strict rules of evidence prevailing in suits before courts. The complaints shall be decided within fifteen (15) days from the time the investigation was terminated.

ARTICLE 164. Sanctions. - After investigation, any of the following administrative penalties may be imposed even if not prayed for in the complaint:

a) the issuance of a cease and desist order, Provided, however, That such order shall specify the acts that respondent shall cease and desist from and shall require him to submit a report of compliance therewith within a reasonable time;

b) the acceptance of a voluntary assurance of compliance or discontinuance from the respondent which may include any or all of the following terms and conditions:

1) an assurance to comply with the provisions of this Act and its implementing rules and regulations;

2) an assurance to refrain from engaging in unlawful acts and practices or unfair or unethical trade practices subject of the formal investigation;

3) an assurance to comply with the terms and conditions specified in the consumer transaction subject of the complaint;

4) an assurance to recall, replace, repair, or refund the money value of defective products distributed in commerce;

5) an assurance to reimburse the complaint out of any money or property in connection with the complaint, including expenses in making or pursuing the complaint, if any, and to file a bond to guarantee compliance therewith.

c) restitution or rescission of the contract without damages;

d) condemnation and seizure of the consumer product found to be hazardous to health and safety unless the respondent files a bond to answer for any damage or injury that may arise from the continued use of the product;

e) the imposition of administrative fines in such amount as deemed reasonable by the Secretary, which shall in no case be less than Five hundred pesos (P500.00) nor more than Three hundred thousand pesos (P300,000.00) depending on the gravity of the offense, and an additional fine of not more than One thousand pesos (P1,000.00) or each day of continuing violation.

ARTICLE 165. Appeal from Orders. - Any order, not interlocutory, of the Consumer arbitration officer, becomes final and executory unless appealed to the Department Secretary concerned within fifteen (15) days from receipt of such order. An appeal may be entertained only on any of the following grounds:

a) grave abuse of discretion;

b) the order is in excess of the jurisdiction or authority of the consumer arbitration officer;

c) the order is not supported by the evidence or there is serious error in the findings of facts.

ARTICLE 166. Decision on Appeal. - The Secretary shall decide the appeal within thirty (30) days from receipt thereof. The decision becomes final after fifteen (15) days from receipt thereof unless a petition for certiorari is filed with the proper court.
TITLE VI Transitory and Final Provisions
ARTICLE 167. Relation of the Act to Other Rights. - The provisions of this Act shall apply notwithstanding any agreement to the contrary but shall not restrict, limit or derogate from any other rights or remedies of a consumer under any other law.

ARTICLE 168. Application of Laws Enacted Prior to the Act. - All actions or claims accruing prior to the effectivity of this Act shall be determined in accordance with the acts, laws, decrees and regulations in force at the time of the accrual.

ARTICLE 169. Prescription. - All actions or claims accruing under the provisions of this Act and the rules and regulations issued pursuant thereto shall prescribe within two (2) years from the time the consumer transaction was consummated or the deceptive or unfair and unconscionable act or practice was committed and in case of hidden defects, from discovery thereof.

ARTICLE 170. Repealing Clause. - All laws, executive orders, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or amended accordingly.

ARTICLE 171. Appropriations. - For the initial operating expenses of the National Consumer Affairs Council, the sum of Two million pesos (P2,000,000.00) is hereby appropriated out of funds of the National Treasury not otherwise appropriated. Thereafter, such sums as may be necessary to carry out its purpose shall be included in the General Appropriations Act.

ARTICLE 172. Separability Clause. - If for any reason any article or provision of this Act or any portion thereof or the application of such article, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected by such decision.

ARTICLE 173. Effectivity. - This Act shall take effect thirty (30) days from the date of its publication in the Official Gazette.

Approved: April 13, 1992

Source: CD Technologies Asia, Inc.

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Republic of the Philippines Congress of the Philippines Metro Manila THE CONSUMER ACT OF THE PHILIPPINES TITLE I General Provisions ARTICLE 1. Short Title. - This Act shall be known as the "Consumer Act of the Philippines." ARTICLE 2. Declaration of Basic Policy.

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National Environmental Awareness and Education Act of 2008 (RA 9512)

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National Environmental Awareness and Education Act of 2008 (RA 9512)

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National Environmental Awareness and Education Act of 2008 includes the following:
1. Environmental concepts and principles
2. Environmental laws
3. The state of international and local environment
4. Local environmental best practices
5. The threats of environmental
degradation and its impact on human well-being
6. The responsibility of the citizenry to the environment
7. The value of conservation, protection, and rehabilitation of natural resources
8. The environment in the context of sustainable development

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.
REPUBLIC ACT NO. 9512
December 12, 2008
AN ACT TO PROMOTE ENVIRONMENTAL AWARENESS THROUGH ENVIRONMENTAL EDUCATION AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "National Environmental Awareness and Education Act of 2008".

Section 2. Declaration of Policy. - Consistent with the policy of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature, and in recognition of the vital role of the youth in nation building and the role of education to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development, the state shall promote national awareness on the role of natural resources in economic growth and the importance of environmental conservation and ecological balance towards sustained national development.

Section 3. Scope of Environmental Education. - The Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the Department of Social Welfare and Development (DSWD), in coordination with the Department of Environment and Natural Resources (DENR), the Department of Science and Technology (DOST) and other relevant agencies, shall integrate environmental education in its school curricula at all levels, whether public or private, including in barangay daycare, preschool, non-formal, technical vocational, professional level, indigenous learning and out-of-school youth courses or programs. Environmental education shall encompass environmental concepts and principles, environmental laws, the state of international and local environment, local environmental best practices, the threats of environmental degradation and its impact on human well-being, the responsibility of the citizenry to the environment and the value of conservation, protection and rehabilitation of natural resources and the environment in the context of sustainable development. It shall cover both theoretical and practicum modules comprising activities, projects, programs including, but not limited to, tree planting; waste minimization, segregation, recycling and composting; freshwater and marine conservation; forest management and conservation; relevant livelihood opportunities and economic benefits and other such programs and undertakings to aid the implementation of the different environmental protection law.

Section 4. Environmental Education and Activities as Part of National Service Training Program. - The CHED and the TESDA shall include environmental education and awareness programs and activities in the National Service Training Program under Republic Act No. 9163, as part of the Civic Welfare Training Service component required for all baccalaureate degree courses and vocational courses with a curriculum of at least two (2) years.

Section 5. Declaration of Environmental Awareness Month. - Pursuant to the policy set forth in this Act, the month of November of every year shall be known as the "Environmental Awareness Month" throughout the Philippines.

Section 6. Interagency and Multi-sectoral Effort. - The DepEd, CHED, TESDA, DENR, DOST and other relevant agencies, in consultation with experts on the environment and the academe, shall lead in the implementation of public education and awareness programs on environmental protection and conservation through collaborative interagency and multi-sectoral effort at all levels.

The DENR shall have the primary responsibility of periodically informing all agencies concerned on current environmental updates, including identifying priority environmental education issues for national action and providing strategic advice on the environmental education activities. The DepEd, CHED, TESDA, DENR, DOST, DSWD and barangay units shall ensure that the information is disseminated to the subject students.

The DOST is mandated to create programs that will ensure that students receive science-based quality information on environmental issues to encourage the development of environment-friendly solutions, devices, equipment and facilities.

Section 7. Capacity-Building. - The DepEd, CHED and TESDA, in coordination with the DENR and other relevant agencies, shall undertake capacity-building programs nationwide such as trainings, seminars, workshops on environmental education, development and production of environmental education materials, and teacher-education courses and related livelihood programs.

Section 8. Separability Clause. - If any part, section or provision of this Act shall be held invalid or unconstitutional, the other provisions shall not be affected thereby.

Section 9. Repealing Clause. - All other acts, laws, executive orders, presidential issuances, rules and regulations or any part thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 1699 and House Bill No. 4381 was finally passed by the Senate and the House of Representatives on October 8, 2008.

Sgd. MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Sgd. EMMA LIRIO-REYES
Secretary of the Senate

Approved: December 12, 2008

Sgd. GLORIA MACAPAGAL-ARROYO

President of the Philippines

Source: www.lawphil.net

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REPUBLIC OF THE PHILIPPINES CONGRESS OF THE PHILIPPINES Metro Manila Fourteenth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight. REPUBLIC ACT NO.

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Traditional and Alternative Medicine Act of 1997 (RA 8423)

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Traditional and Alternative Medicine Act of 1997 (RA 8423)

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It is a health care law which aims to promote and provide affordable and effective traditional and alternative medicinal methods to Filipinos. The creation of the Philippine Institute of Traditional and Alternative Health Care was mandated by the very same law. This law sees to it that the government fulfills its responsibility in providing quality health care options to every Filipino through developing traditional and alternative medicinal methods and
integrating them into the existing national health care system.

Source: Philippine Institute of Traditional and Alternative Health Care

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AN ACT CREATING THE PHILIPPINE INSTITUTE OF TRADITIONAL AND ALTERNATIVE HEALTH CARE (PITAHC) TO ACCELERATE THE DEVELOPMENT OF TRADITIONAL AND ALTERNATIVE HEALTH CARE IN THE PHILIPPINES, PROVIDING FOR A TRADITIONAL AND ALTERNATIVE HEALTH CARE DEVELOPMENT FUND AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Short Title. - This Act shall be known as the "Traditional and Alternative Medicine Act (TAMA) of 1997."

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to improve the quality and delivery of health care services to the Filipino people through the development of traditional and alternative health care and its integration into the national health care delivery system.

It shall also be the policy of the State to seek a legally workable basis by which indigenous societies would own their knowledge of traditional medicine. When such knowledge is used by outsiders, the indigenous societies can require the permitted users to acknowledge its source and can demand a share of any financial return that may come from its authorized commercial use.

Section 3. Objectives. - The objectives of this Act are as follows:

(a) To encourage scientific research on and develop traditional and alternative health care systems that have direct impact on public health care;

(b) To promote and advocate the use of traditional, alternative, preventive and curative health care modalities that have been proven safe, effective, cost effective and consistent with government standards on medical practice;

(c) To develop and coordinate skills training courses for various forms of traditional and alternative health care modalities;

(d) To formulate standards, guidelines and codes of ethical practice appropriate for the practice of traditional and alternative health care as well as in the manufacture, quality control and marketing of different traditional and alternative health care materials, natural and organic products, for approval and adoption by the appropriate government agencies;

(e) To formulate policies for the protection of indigenous and natural health resources and technology from unwarranted exploitation, for approval and adoption by the appropriate government agencies;

(f) To formulate policies to strengthen the role of traditional and alternative health care delivery system; and

(g) To promote traditional and alternative health care in international and national conventions, seminars and meetings in coordination with the Department of Tourism, Duty Free Philippines, Incorporated, Philippine Convention and Visitors Corporation and other tourism-related agencies as well as non-government organizations and local government units.

Section 4. Definition of Terms. - As used in this Act, the following terms shall mean:

(a) " Traditional and alternative health care " - the sum total of knowledge, skills and practices on health care, other than those embodied in biomedicine, used in the prevention, diagnosis and elimination of physical or mental disorder.

(b) " Traditional medicine " - the sum total of knowledge, skills, and practice on health care, not necessarily explicable in the context of modern, scientific philosophical framework, but recognized by the people to help maintain and improve their health towards the wholeness of their being, the community and society, and their interrelations based on culture, history, heritage, and consciousness.

(c) " Biomedicine " - that discipline of medical care advocating therapy with remedies that produce effects differing from those of the diseases treated. It is also called "allopathy","western medicine", "orthodox medicine", or "cosmopolitan medicine".

(d) " Alternative health care modalities " - other forms of non-allopathic, occasionally non-indigenous or imported healing methods, though not necessarily practiced for centuries nor handed down from one generation to another. Some alternative health care modalities include reflexology, acupressure, chiropractics, nutritional therapy, and other similar methods.

(e) " Herbal medicines " - finished, labelled, medicinal products that contain as active ingredient/s serial or underground part/s of plant or other materials or combination thereof, whether in the crude state or as plant preparations.

Plant material includes juices, gums, fatty oils, essential oils, and other substances of this nature. Herbal medicines, however, may contain excipients in addition to the active ingredient(s). Medicines containing plant material(s) combined with chemically-defined active substances, including chemically-defined, isolated constituents of plants, are not considered to be herbal medicines.

(f) " Natural product " - those foods that grow spontaneously in nature whether or not they are tended by man. It also refers to foods that have been prepared from grains, vegetables, fruits, nuts, meats, fish, eggs, honey, raw milk, and the like, without the use or addition of additives, preservatives, artificial colors and flavors, or manufactured chemicals of any sort after harvest or slaughter.

(g) " Manufacture " - any and all operations involved in the production, including preparation, propagation, processing, formulating, filling, packing, repacking, altering, ornamenting, finishing, or otherwise changing the container, wrapper, or labelling of a consumer product in the furtherance of the distribution of the same from the original place of manufacture to the person who makes the final delivery or sale to the ultimate consumer.

(h) " Traditional healers " - the relatively old, highly respected people with a profound knowledge of traditional remedies.

(i) " Intellectual property rights " - is the legal basis by which the indigenous communities exercise their rights to have access to, protect, control over their cultural knowledge and product, including, but not limited to, traditional medicines, and includes the right to receive compensation for it.

Section 5. Philippine Institute of Traditional and Alternative Health Care. - There is hereby established a body corporate to be known as the Philippine Institute of Traditional and Alternative Health Care, hereinafter referred to as the Institute. The Institute shall be attached to the Department of Health. Its principal flag office shall be in Metro Manila, but it may establish other branches or offices elsewhere in the Philippines as may be necessary or proper for the accomplishment of its purposes and objectives.

Section 6. Powers and Functions. - In furtherance of its purposes and objectives, the Institute shall have the following powers and functions:

(a) To plan and carry out research and development activities in the areas of traditional and alternative health care and its ultimate integration into the national health care delivery system;

(b) To verify, package and transfer economically viable technologies in the field of traditional and alternative health care, giving emphasis on the social engineering aspects necessary for group endeavor;

(c) To provide the data base or policy formulation that will stimulate and sustain production, marketing and consumption of traditional and alternative health care products;

(d) To organize and develop continuing training programs for physicians, nurses, pharmacists, physical therapists, and other professional health workers and students, as well as scientists, research managers and extension workers in the field of traditional and alternative health care;

(e) To formulate policies that would create public awareness through educational activities, conventions, seminars, conferences, and the like by focusing on the promotion of healthy living for preventing diseases, thereby uplifting the health care industry;

(f) To acquire or obtain from any governmental authority whether national or local, foreign or domestic, or from any person, corporation, partnership, association or other entity, such charters, franchises, licenses, rights, privileges, assistance, financial or otherwise, and concessions as are conducive to and necessary or proper for the attainment of its purposes and objectives;

(g) To receive and acquire from any person and/or government and private entities, whether foreign or domestic, grants, donations and contributions consisting of such properties, real or personal, including funds and valuable effects or things, as may be useful, necessary or proper to carry out its purposes and objectives and administer the same in accordance with the terms of such grants, donations and contributions, consistent with its purposes and objectives;

(h) To serve as the coordinating center of a national network of traditional and alternative health care stations located in the different regions of the country;

(i) To formulate a code of ethics and standards for the practice of traditional and alternative health care modalities for approval and adoption by the appropriate professional and government agencies;

(j) To formulate standards and guidelines for the manufacture, marketing and quality control of different traditional and alternative health care materials and products for approval and adoption by the Bureau of Food and Drugs;

(k) To coordinate with other institutions and agencies involved in the research on herbal medicines;

(1) To adopt and use a corporate seal;

(m) To sue and be sued in its corporate name;

(n) To succeed by its corporate name;

(o) To adopt its bylaws and promulgate such rules and regulations as may be necessary or proper to implement this Act, and to amend or repeal the same from time to time;

(p) To enter into, make and execute contracts and agreements of any kind or nature;

(q) To borrow, raise or obtain funds, or to enter into any financial or credit arrangement in order to support or carry out its research programs, finance its capital and operating expenses, subject to pertinent laws governing public debts and expenditure;

(r) To invest in, purchase or otherwise acquire, own, hold, use, mortgage, pledge, encumber, sell, assign, convey, exchange, or otherwise deal in real and/or personal properties of whatever kind and nature, or any interest therein, including shares of stock, bonds, notes, securities and other evidences of indebtedness of natural or juridical persons, whether domestic or foreign and whether government or private;

(s) To exercise all the powers of a corporation under the General Corporation Law, insofar as such powers are not in violation of the provisions of this Act; and

(t) To exercise such other powers and functions, and perform other acts as may be necessary, proper or incidental to the attainment of its purposes and objectives.

Section 7. Board of Trustees. - The corporate powers of the Institute shall be exercised, and all its business, activities and properties shall be controlled by a Board of Trustees, hereinafter referred to as the Board.

(a) Composition. - The Board shall be composed of the following:

Secretary of Health - ex-officio chairman

Permanent representatives of the following government offices:

Department of Science and Technology;

Department of Environment and Natural Resources;

Department of Agriculture;

Department of Education, Culture and Sports; and

Commission on Higher Education.

Representatives of the following industries/sectors:

One (1) physician who is engaged in the practice of traditional and alternative health care;

One (1) member from a duly recognized academe/research institution engaged in traditional and alternative health care research;

One (1) traditional and alternative health care practitioner who is not a physician;

One (1) biomedical/allopathietwestem medical practitioner preferably from the Philippine Medical Association;

One (1) member from the natural food industry and/or organic food industry; and

One (1) member from an environmental sector organization,

The six (6) members representing the abovementioned sectors/industries shall be appointed by the President of the Philippines upon recommendation of the Secretary of Health.

Of the appointive members, two (2) members shall have a term of three (3) years; the second two (2) members shall have a term of three (3) years; and, the third two (2) members shall each have a term of one (1) year.

Any member appointed to a vacancy shall serve only for the unexpired term of the member whom he/she succeeded.

(b) Meetings and quorum. - The Board shall meet regularly at least once a month or as often as the exigencies of the service demand. The presence of at least six (6) members shall constitute a quorum, and the majority vote of the members present, there being a quorum, shall be necessary for the adoption of any resolution, decision, or any other act of the Board.

(c) Allowances and per diems. - The members of the Board shall receive a per them for every meeting actually attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances.

Section 8. Powers and Functions of the Board. - The Board shall exercise the following powers and functions:

(a) To define and approve the programs, plans, policies, procedures and guidelines for the Institute in accordance with its purposes and objectives, and to control the management, operation and administration of the Institute;

(b) To approve the Institute's organizational structure, staffing pattern, operating and capital expenditure, and financial budgets prepared in accordance with the corporate plan of the Institute;

(c) To approve salary ranges, benefits and privileges, bonuses and other terms and conditions of service for all officers and employees of the Institute, upon recommendation of the Director General and consistent with the salary standardization and other laws;

(d) To appoint, transfer, promote, suspend, remove or otherwise discipline any subordinate officer or employee of the Institute, upon recommendation of the Director General;

(e) To create such committee or committees and appoint the members thereof, as may be necessary or proper for the management of the Institute or the attainment of its purposes and objectives;

(f) To determine the research priorities of the Institute consistent with the framework of its purposes and objectives and in coordination with other government agencies; and

(g) To exercise such other powers and functions and perform such other acts as may be necessary or proper for the attainment of the purposes and objectives of the Institute, or as may be delegated by the Secretary of Health.

Section 9. Director General and Other Officers. - The Institute shall be headed by a Director General who shall be appointed by the President of the Philippines upon recommendation of the Secretary of Health. The Director General shall have a term of six (6) years.

The Director General shall be assisted by such Deputy Director General(s) and program managers/coordinators as the Board may determine to carry out the purposes and objectives of this Act.

Section 10. Powers, Functions and Duties of the Director General. - The Director General shall have the following powers, functions and duties:

(a) To exercise overall supervision and direction over the implementation of all research and development programs of the Institute, and to supervise and direct the management, operation and administration of the Institute;

(b) To execute contracts, including the deeds that may incur obligations, acquire and dispose of assets and deliver documents on behalf of the Institute, within the limits of authority delegated to him by the Board;

(c) To implement and enforce policies, decisions, orders, rules and regulations adopted by the Board;

(d) To submit to the Board an annual report of the Institute;

(e) To submit to the Board an annual budget and such supplemental budget as may be necessary for its consideration and approval; and

(f) To exercise such other powers and functions and perform such other duties as may be authorized by the Board.

Section 11. Government Agency Support and Coordination. - The Institute may, for the purpose of its research and development activities, obtain and secure the services of scholars, scientists and technical personnel of any unit of the Department of Health and other agencies of the Philippine Government. Such personnel may be paid honoraria as may be fixed and authorized by the Board following the usual government rules and regulations governing honoraria and allowances. The Institute shall also assist, cooperate and coordinate with other government agencies, such as the Bureau of Food and Drugs of the Department of Health and the Philippine Council for Health Research and Development of the Department of Science and Technology for the implementation of the purposes and objectives of this Act.

Section 12. Traditional and Alternative Health Care Advocacy and Research Program. - The Institute shall promulgate a nationwide campaign to boost support for the realization of the objectives of this Act. It shall encourage the participation of non-government organizations in traditional and alternative health care and health-related projects. The Institute shall also formulate and implement a research program on the indigenous Philippine traditional health care practices performed by "traditional healers" using scientific research methodologies.

Section 13. Standards for the Manufacture, Marketing and Quality Control of Traditional Medicine. - The Institute, in collaboration with the Bureau of Food and Drugs, shall formulate standards and guidelines for the manufacture, quality control and marketing of different traditional and alternative health care materials and products.

Section 14. Incentives for the Manufacturers of Traditional and Alternative Health Care Products. - Manufacturers of traditional and alternative health care products like herbal medicinal plants shall enjoy such exemptions, deductions and other tax incentives as may be provided for under the Omnibus Investment Code, as amended.

Section 15. Traditional and Alternative Health Care Development Fund. - To implement the provisions of this Act, there is hereby created a Traditional and Alternative Health Care Development Fund which shall be used exclusively for the programs and projects of the Institute, in the amount of Fifty million pesos (P50,000,000,00) for the first year, Seventy-five million pesos (P75,000,000.00) for the second year, and One hundred million pesos (P100,000,000.00) for the third year from the earnings of Duty Free Philippines: Provided, That not more than fifteen percent (15%) of said fund shall be used for administrative costs of the Institute.

Thereafter, such amount as may be necessary to fund the continued implementation of this Act shall be included in the annual General Appropriations Act.

Section 16. Appointment of Board Members. - Within thirty (30) days from the date of effectivity of this Act, the President of the Philippines shall appoint the members of the Board as well as the Director General and Deputy Director General(s).

Section 17. Transfer of Functions of the Traditional Medivine Unit. - Upon the establishment of the Institute, the functions, personnel and assets of the Traditional Medicine Unit and all the pharmaceutical and herbal processing plants of the Department of Health shall be transferred to the Institute without need of conveyance, transfer of assignment.

For the year, during which this Act was approved, the unexpended portion of the budget of the offices, agencies and units merged shall be utilized for establishing the Institute and initiating its operations, including the formulation of the rules and regulations necessary for the implementation of this Act.

Incumbent officials and employees of the affected offices shall continue to exercise their respective functions, duties and responsibilities with the corresponding benefits and privileges. To the greatest extent possible and in accordance with existing laws, all employees of the affected offices, agencies and units shall be absorbed by the Institute.

Section 18. Oversight Function. - The Institute shall submit to Congress an annual accomplishment report which shall include the status of its priority researches and operation. In the exercise of its oversight functions, Congress may inquire into the programs of the Institute.

Section 19. Implementing Rules and Regulations. - Within thirty (30) days from the completion of their appointments, the Board shall convene and, in collaboration with the Department of Health - Traditional Medicine Unit, formulate the rules and regulations necessary for the implementation of this Act. Said rules and regulations shall be issued within one hundred eighty (180) days from the date of the Board's initial meeting and shall take effect upon publication in a newspaper of general circulation.

Section 20. Repealing Clause. - All laws, decrees, executive orders, and other laws including their implementing rules and regulations inconsistent with the provisions of this Act are hereby amended, repealed or modified accordingly.

Section 21. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid, other provisions thereof which are not affected thereby shall continue in full force and effect.

Section 22. Effectivity. - This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: December 9, 1997

Source: http://lawphil.net/statutes/repacts/ra1997/ra_8423_1997.html

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AN ACT CREATING THE PHILIPPINE INSTITUTE OF TRADITIONAL AND ALTERNATIVE HEALTH CARE (PITAHC) TO ACCELERATE THE DEVELOPMENT OF TRADITIONAL AND ALTERNATIVE HEALTH CARE IN THE PHILIPPINES, PROVIDING FOR A TRADITIONAL AND ALTERNATIVE HEALTH CARE DEVELOPMENT FUND AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1.

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Philippine AIDS Prevention and Control Act of 1998 (RA 8504)

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Philippine AIDS Prevention and Control Act of 1998 (RA 8504)

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What is this law about?
This law was created to promote public awareness about the following issues related to HIV/AIDS:
1. Its causes
2. Its modes of transmission
3. Its consequences
4. Its means of prevention and control

In addition, the law also includes a nationwide educational and information
campaign to promote values formation and to employ scientifically proven
approaches to combat the problem.

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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Republic of the Philippines
Congress of the Philippines
Metro Manila Tenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, nineteen hundred and ninety-seven.
[REPUBLIC ACT NO. 8504]
AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM, STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Philippine AIDS Prevention and Control Act of 1998."

SEC. 2. Declaration of Policies. - Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no territorial, social, political and economic boundaries for which there is no known cure. The gravity of the AIDS threat demands strong Slate action today, thus:

(a) The State shall promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV/AIDS through a comprehensive nationwide educational and information campaign organized and conducted by the State. Such campaigns shall promote value formation and employ scientifically proven approaches, focus on the family as a basic social unit, and be carried out in all schools and training centers, workplaces, and communities. This program shall involve affected individuals and groups, including people living with HIV/AIDS.

(b) The Slate shall extend to every person suspected or known to be infected with HIV/AIDS full protection of his/her human rights and civil liberties. Towards this end,

(1) compulsory HIV testing shall be considered unlawful unless otherwise provided in this Act;

(2) the right to privacy of individuals with HIV shall be guaranteed;

(3) discrimination, in all its forms and subtleties, against individuals with HIV or persons perceived or suspected of having HIV shall be considered inimical to individual and national interest; and

(4) provision of basic health and social services for individuals with HIV shall be assured.

(c) The State shall promote utmost safety and universal precautions in practices and procedures that carry the risk of HIV transmission.

d) The State shall positively address and seek to eradicate conditions that aggravate the spread of HIV infection, including but not limited to, poverty, gender inequality, prostitution, marginalization, drug abuse and ignorance.

(e) The State shall recognize the potential role of affected individuals in propagating vital information and educational messages about HIV/AIDS and shall utilize their experience to warn the public about the disease.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined as follows:

(a) " Acquired Immune Deficiency Syndrome (AIDS) " - a condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body's immune system, making the afflicted individual susceptible to other life-threatening infections.

(b) " Anonymous Testing " - refers to an HIV testing procedure whereby (he individual being tested docs not reveal his/her true identity. An identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test results with the identifying number or symbol.

(c) " Compulsory HIV Testing " - refers to HIV testing imposed upon a person attended or characterized by the lack of or vitiated consent, use of physical force, intimidation or any form of compulsion.

(d) " Contact tracing " - refers to the method of finding and counselling the sexual partner(s) of a person who has been diagnosed as having sexually transmitted disease.

(e) " Human Immunodeficiency Virus (HIV) " - refers to the virus which causes AIDS.

(f) " HIV/AIDS Monitoring " - refers to the documentation and analysis of the number of HIV/AIDS infections and the pattern of its spread.

(g) " HIV/AIDS Prevention and Control " - refers to measures aimed at protecting non-infected persons from contracting HIV and minimizing the impact of the condition of persons living with HIV.

(h) " HIV-positive " - refers to the presence of HIV infection as documented by the presence of HIV or HIV antibodies in the sample being tested.

(i) " HIV-negative " denotes the absence of HIV or HIV antibodies upon HIV testing.

(j) " HIV Testing " - refers to any laboratory procedure done on an individual to determine the presence or absence of HIV infection.

(k) " HIV Transmission " - refers to the transfer of HIV from one infected person to an uninfected individual, most commonly through sexual intercourse, blood transfusion, sharing of intravenous needles and during pregnancy.

(l) " High-Risk Behavior " - refers to a person's frequent involvement in certain activities which-increase the risk of transmitting or acquiring HIV.

(m) " Informed Consent " - refers to the voluntary agreement of a person to undergo or be subjected to a procedure based on full information, whether such permission is written, conveyed verbally, or expressed indirectly.

(n) " Medical Confidentiality " - refers to the relationship of trust and confidence created or existing between a patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist and all other health workers or personnel involved in any counselling, testing or professional care of the former: it also applies to any person who, in any official capacity, has acquired or may have acquired such confidential information.

(o) " Person with HIV " - refers to an individual whose HIV test indicates, directly or indirectly, that he/she is infected with HIV.

(p) " Pre-Test Counselling " - refers to the process of providing an individual information on the biomedical aspects of HIV/AIDS and emotional support to any psychological implications of undergoing HIV testing and the test result itself before he/she is subjected to the test.

(q) " Post-Test Counselling " - refers to the process of providing risk-reduction information and emotional support to a person who submitted to HIV testing at the time that the test result is released.

(r) " Prophylactic " - refers to any agent or device used to prevent the transmission of a disease.

(s) " Sexually Transmitted Diseases " - refers to any disease that may be acquired or passed on through sexual contact.

(t) " Voluntary HIV Testing " - refers to HIV testing done on an individual who, after having undergone pre-test counselling, willingly submits himself/herself to such test.

(u) " Window Period " - refers to the period of lime, usually lasting from two weeks to six (6) months during which an infected individual will lest "negative" upon HIV testing but can actually transmit the infection.

ARTICLE I

EDUCATION AND INFORMATION

SEC. 4. HIV/AIDS Education in Schools. - The Department of Education, Culture and Sports (DECS), the Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA), utilizing official information provided by the Department of Health, shall integrate instruction on the causes, modes of transmission and ways of preventing HIV/AIDS and other sexually transmitted diseases in subjects taught in public and private schools at intermediate grades, secondary and tertiary levels, including non-formal and indigenous learning systems: Provided, That if the integration of HIV/AIDS education is not appropriate or feasible, the DECS and TESDA shall design special modules on HIV/AIDS prevention and control: Provided, further, That it shall not be used as an excuse to propagate birth control or the sale or distribution of birth control devices: Provided, finally, That it does not utilize sexually explicit materials.

Flexibility in the formulation and adoption of appropriate course content, scope, and methodology in each educational level or group shall be allowed alter consultations with Parent-Teachers-Community Associations, Private School Associations, school officials, and other interest groups. As such, no instruction shall be offered to minors without adequate prior consultation with parents who must agree to the thrust and content of the instruction materials.

All teachers and instructors of said HIV/AIDS courses shall be required to undergo a seminar or training on HIV/AIDS prevention and control to be supervised by DECS, CHED and TESDA, in coordination with the Department of Health (DOH), before they are allowed to teach on the subject.

SEC. 5. HIV/AIDS Information as a Health Service. - HIV/AIDS education and information dissemination shall form part of the delivery of health services by health practitioners, workers and personnel. The knowledge and capabilities or all public health workers shall be enhanced to include skills for proper information dissemination and education on HIV/AIDS. It shall likewise be considered a civic duty of health providers in the private sector to make available to the public such information necessary to control the spread of HIV/AIDS and to correct common misconceptions about this disease. The training of health workers shall include discussions on HIV-related ethical issues such as confidentiality, informed consent and the duly to provide treatment.

SEC. 6. HIV/AIDS Education in the Workplace. - All government and private employees, workers, managers, and supervisors, including members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), shall be provided with the standardized basic information and instruction on HIV/AIDS which shall include topics on confidentiality in the workplace and attitude towards infected employees and workers. In collaboration with the Department of Health (DOH), the Secretary of the Department of Labor and Employment (DOLE) shall oversee the anti-HIV/AIDS campaign in all private companies while the Armed Forces Chief of Staff and the Director General of the PNP shall oversee the implementation of this section.

SEC. 7. HIV/AIDS Education for Filipinos Going Abroad. - The State shall ensure that all overseas Filipino workers and diplomatic, military, trade, and labor officials and personnel to be assigned overseas shall undergo or attend a seminar on the cause, prevention and consequences of HIV/AIDS before certification for overseas assignment. The Department of Labor and Employment or the Department of Foreign Affairs, the Department of Tourism and the Department of Justice through the Bureau of Immigration, as the case may be, in collaboration with the Department of Health (DOH), shall oversee the implementation of this Section.

SEC. 8. Information Campaign for Tourists and Transients. - Informational aids or .materials on the cause, modes of transmission, prevention, and consequences of HIV infection shall be adequately provided at all international ports of entry and exit. The Department of Tourism, the Department of Foreign Affairs, the Department of Justice through the Bureau of Immigration, in collaboration with the Department of Health (DOH), shall oversee the implementation of this Act.

SEC. 9. HIV/AIDS Education in Communities. - Local government units, in collaboration with the Department of Health (DOH), shall conduct an educational and information campaign on HIV/AIDS. The provincial governor, city or municipal mayor and the barangay captain shall coordinate such campaign among concerned government agencies, non-government organizations and church-based groups.

SEC. 10. Information on Prophylactics. - Appropriate information shall be attached to or provided with every prophylactic offered for sale or given as a donation. Such information shall be legibly printed in English and Filipino, and contain literature on the proper use of the prophylactic device or agent, its efficacy against HIV and STD infection, as well as the importance of sexual abstinence and mutual fidelity.

SEC. 11. Penalties for Misleading Information. - Misinformation on HIV/AIDS prevention and control through false and misleading advertising and claims in any of the tri-media or the promotional marketing of drugs, devices, agents or procedures without prior approval from the Department of Health and the Bureau of Food and Drugs and the requisite medical and scientific basis, including markings and indications in drugs and devises or agents, purporting to be a cure or a fail-safe prophylactic for HIV infection is punishable with a penalty of imprisonment for two (2) months to two (2) years, without prejudice to the imposition of administrative sanctions such as fines and suspension or revocation of professional or business license.

ARTICLE II

SAFE PRACTICES AND PROCEDURES

SEC. 12. Requirement on the Donation of Blood, Tissue, or Organ. - No laboratory or institution shall accept a donation of tissue or organ, whether such donation is gratuitous or onerous, unless a sample from the donor has been tested negative for HIV. All donated blood shall also be subjected to HIV testing and HIV(+) blood shall be disposed of properly and immediately. A second testing may be demanded as a matter of right by the blood, tissue, or organ recipient or his immediate relatives before transfusion or transplant, except during emergency cases: Provided, That donations of blood, tissue, or organ testing positive for HIV may be accepted for research purposes only, and subject to strict sanitary disposal requirements.

SEC. 13. Guidelines on Surgical and Similar Procedures. - The Department of Health (DOH), in consultation and in coordination with concerned professional organizations and hospital associations, shall issue guidelines on precautions against HIV transmission during surgical, dental embalming, tattooing or similar procedures. The DOH shall likewise issue guidelines on the handling and disposition of cadavers, body fluids or wastes of persons known or believed to be HIV-positive.

The necessary protective equipment such as gloves, goggles and gowns, shall be made available to all physicians and health care providers and similarly exposed personnel at all times.

SEC. 14. Penalties for Unsafe Practices and Procedures. - Any person who knowingly or negligently causes another to get infected with HIV in the course of the practice of his/her profession through unsafe and unsanitary practice or procedure is liable to suffer a penalty of imprisonment for six (6) years to twelve (12) years, without prejudice to the imposition of administrative sanctions such as, but not limited to, fines and suspension or revocation of (he license to practice his/her profession. The permit or license of any business entity and the accreditation of hospitals, laboratory, or clinics may be cancelled or withdrawn if said establishments fail to maintain such safe practices and procedures as may be required by the guidelines to be formulated in compliance with Section 13 of this Act.

ARTICLE III

TESTING, SCREENING AND COUNSELLING

SEC. 15. Consent as a Requisite for HIV Testing. - No compulsory HIV testing shall be allowed. However, the State shall encourage voluntary testing for individuals with a high risk for contracting HIV: Provided, That written informed consent must first be obtained. Such consent shall be obtained from the person concerned if he/she is of legal age or from the parents or legal guardian in the case of a minor or a mentally incapacitated individual. Lawful consent to HIV testing of a donated human body, organ, tissue, or blood shall be considered as having been given when:

(a) person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion, transplantation, or research;

(b) a person has executed a legacy in accordance with Section 3 of Republic Act No. 7170, also known as the "Organ Donation Act of 1991";

(c) a donation is executed in accordance with Section 4 of Republic Act No. 7170.

SEC. 16. Prohibitions on Compulsory HIV Testing. - Compulsory HIV testing as a precondition to employment, admission to educational institutions, the exercise of freedom or abode, entry or continued stay in the country, or the right to travel, the provision of medical service or any other kind of service, or the continued enjoyment of said undertakings shall be deemed unlawful.

SEC. 17. Exception to the Prohibition on Compulsory Testing. - Compulsory HIV testing may be allowed only in the following instances:

a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as amended by Republic Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise known as the "Revised Penal Code" or under Republic Act No. 7659;

b) When the determination of the HIV status is necessary to resolve the relevant issues under Executive Order No. 309, otherwise known as the "Family Code of the Philippines"; and

c) When complying with the provisions of Republic Act No. 7170, otherwise known as the "Organ Donation Act" and Republic Act No. 7719, otherwise known as the "National Blood Services Act".

SEC. 18. Anonymous HIV Testing. - The State shall provide a mechanism for anonymous HIV testing and shall guarantee anonymity and medical confidentiality in the conduct of such tests.

SEC. 19. Accreditation of HIV Testing Centers. - All testing centers, hospitals, clinics, and laboratories offering IIIV testing services are mandated to seek accreditation from the Department of Health which shall set and maintain reasonable accreditation standards.

SEC. 20. Pre-test and Post-test Counselling. - All testing centers, clinics, or laboratories which perform any HIV test shall be required to provide and conduct free pre-test counselling and post-test counselling for persons who avail of their HIV/AIDS testing services. However, such counselling services must be provided only by persons who meet the standards set by the DOH.

SEC. 21. Support for HIV Testing Centers. - The Department of Health shall strategically build and enhance the capabilities for HIV testing of hospitals, clinics, laboratories, and other testing centers primarily, by ensuring the training of competent personnel who will provide such services in said testing sites.

ARTICLE IV

HEALTH AND SUPPORT SERVICES

SEC. 22. Hospital-Based Services. - Persons with HIV/AIDS shall be afforded basic health services in all government hospitals, without prejudice to optimum medical care which may be provided by special AIDS wards and hospitals.

SEC. 23. Community-Based Services. - Local government units, in coordination and in cooperation with concerned government agencies, non-government organizations, persons with HIV/AIDS and groups most at risk of HIV infection shall provide community-based HIV/AIDS prevention and care services.

SEC. 24. Livelihood Programs and Trainings. - Trainings for livelihood, self-help cooperative programs shall be made accessible and available to all persons with HIV/AIDS. Persons infected with HIV/ AIDS shall not be deprived of full participation in any livelihood, self-help and cooperative programs for reason of their health conditions.

SEC. 25. Control of Sexually Transmitted Diseases. - The Department of Health, in coordination and in cooperation with concerned government agencies and non-government organizations shall pursue the prevention and control of sexually transmitted diseases to help contain the spread of HIV infection.

SEC. 26. Insurance for Persons with HIV. - The Secretary of Health, in cooperation with the Commissioner of the Insurance Commission and other public and private insurance agencies, shall conduct a study on the feasibility and viability of selling up a package of insurance benefits and, should such study warrant it, implement an insurance coverage program for persons with HIV. The study shall be guided by the principle that access to health insurance is part of an individual's right to health and is the responsibility of the State and of society as a whole.

ARTICLE V

MONITORING

SEC. 27. Monitoring Program. - A comprehensive HIV/AIDS monitoring program or "AIDSWATCH" shall be established under the Department of Health to determine and monitor the magnitude and progression of HIV infection in the Philippines, and for the purpose of evaluating the adequacy and efficacy or the countermeasures being employed.

SEC. 28. Reporting Procedures. - All hospitals, clinics, laboratories, and testing centers for HIV/AIDS shall adopt measures in assuring the reporting and confidentiality of any medical record, personal data, file, including all data which may be accessed from various data banks or information systems. The Department of Health through its AIDSWATCH monitoring program shall receive, collate and evaluate all HIV/AIDS related medical reports. The AIDSWATCH data base shall utilize a coding system that promotes client anonymity.

SEC. 29. Contact Tracing. - HIV/AIDS contact tracing and all other related health intelligence activities may be pursued by the Department of Health: Provided, That these do not run counter to the general purpose of this Act: Provided, further, That any information gathered shall remain confidential and classified, and can only be used for statistical and monitoring purposes and not as basis or qualification for any employment, school attendance, freedom of abode, or travel.

ARTICLE VI

CONFIDENTIALITY

SEC. 30. Medical Confidentiality. - All health professionals, medical instructors, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of persons with HIV.

SEC. 31. Exceptions to the Mandate of Confidentiality. - Medical confidentiality shall not be considered breached in the following cases:

(a) when complying with reportorial requirements in conjunction with the AIDSWATCH programs provided in Section 27 of this Act;

(b) when informing other health workers directly involved or about to be involved in the treatment or care of a person with HIV/AIDS: Provided, That such treatment or care carry the risk of HIV transmission: Provided, further, That such workers shall be obliged to maintain the shared medical confidentiality;

(c) when responding to a subpoena duces tecum and subpoena ad testificandum issued by a Court with jurisdiction over a legal proceeding where the main issue is the HIV status of an individual: Provided, That the confidential medical record shall be properly sealed by its lawful custodian after being double-checked for accuracy by the head of the office or department, hand delivered, and personally opened by the judge: Provided, further, That the judicial proceedings be held in executive session.

SEC. 32. Release of HIV/AIDS Test Results. - All results or HIV/AIDS testing shall be confidential and shall be released only to the following persons:

(a) the person who submitted himself/herself to such test;

b) either parent of a minor child who has been tested;

(c) a legal guardian in the case of insane persons or orphans;

(d) a person authorized to receive such results in conjunction with the AIDSWATCH program as provided in Section 27 of this Act;

(e) a justice of the Court of Appeals or the Supreme Court, as provided under subsection (c) of this Act and in accordance with the provision of Section 16 hereof.

SEC. 33. Penalties for Violations of Confidentiality. - Any violation of medical confidentiality as provided in Sections 30 and 32 of this Act shall suffer the penalty of imprisonment for six (6) months to four (4) years, without prejudice to administrative sanctions such as fines and suspension or revocation of the violator's license to practice his/her profession, as well as the cancellation or withdrawal of the license to operate any business entity and the accreditation of hospitals, laboratories or clinics.

SEC. 34. Disclosure to Sexual Partners. - Any person with HIV is obliged to disclose his/her HIV status and health condition lo his/her spouse or sexual partner at the earliest opportune time.

ARTICLE VII

DISCRIMINATORY ACTS AND POLICIES

SEC. 35. Discrimination in the Workplace. - Discrimination in any form from pre-employment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual is prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed unlawful.

SEC. 36. Discrimination in Schools. - No educational institution shall refuse admission or expel, discipline, segregate, deny participation, benefits or services to a student or prospective student on the basis of his/her actual, perceived or suspected HIV status.

SEC. 37. Restrictions on Travel and Habitation. - The freedom of abode, lodging and travel of a person with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or refused lawful entry into or deported from Philippine territory on account of his/her actual, perceived or suspected HIV status.

SEC. 38. Inhibition from Public Service. - The right to seek an elective or appointive public office shall not be denied to a person with HIV.

SEC. 39. Exclusion from Credit and Insurance Services. - All credit and loan services, including health, accident and life insurance shall not be denied to a person on the basis of his/her actual, perceived or suspected HIV status: Provided, That the person with HIV has not concealed or misrepresented the fact to the insurance company upon application. Extension and continuation of credit and loan shall likewise not be denied solely on the basis of said health condition.

SEC. 40. Discrimination in Hospitals and Health Institutions. - No person shall be denied health care service or be charged with a higher fee on account of actual, perceived or suspected HIV status.

SEC. 41. Denial of Burial Services. - A deceased person who had AIDS or who was known, suspected or perceived to be HIV-positive shall not be denied any kind of decent burial services.

SEC. 42. Penalties for Discriminatory Acts and Policies. - All discriminatory acts and policies referred to in this Act shall be punishable with a penalty of imprisonment for six (6) months to four (4) years and a fine not exceeding Ten thousand pesos (P10,000.00). In addition, licenses/permits of schools, hospitals and other institutions found guilty of committing discriminatory acts and policies described in this Act shall be revoked.

ARTICLE VIII

THE PHILIPPINE NATIONAL AIDS COUNCIL

SEC. 43. Establishment. - The Philippine National AIDS Council (PNAC) created by virtue of Executive Order No. 39 dated 3 December 1992 shall be reconstituted and strengthened to enable the Council to oversee an integrated and comprehensive approach to HIV/AIDS prevention and control in the Philippines. It shall be attached to the Department of Health.

SEC. 44. Functions. - The Council shall be the central advisory planning and policy-making body for the comprehensive and integrated HIV/AIDS prevention and control program in the Philippines. The Council shall perform the following functions:

(a) Secure from government agencies concerned recommendations on how their respective agencies could operationalize specific provisions of this Act. The Council shall integrate and coordinate such recommendations and issue implementing rules and regulations of this Act. The Council shall likewise ensure that there is adequate coverage of the following:

(1) The institution of a nationwide HIV/AIDS information and education program;

(2) The establishment of a comprehensive HIV/AIDS monitoring system;

(3) The issuance of guidelines on medical and other practices and procedures that carry the risk of HIV transmission;

(4) The provision of accessible and affordable HIV testing and counselling services to those who are in need of it;

(5) The provision of acceptable health and support services for persons with HIV/AIDS in hospitals and in communities;

(6) The protection and promotion of the rights of individuals with HIV; and

(7) The strict observance of medical confidentiality.

(b) Monitor the implementation of the rules and regulations of this Act, issue or cause the issuance of orders or make recommendations to the implementing agencies as the Council considers appropriate;

(c) Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor its implementation;

(d) Coordinate the activities of and strengthen working relationships between government and non-government agencies involved in the campaign against HIV/AIDS;

(e) Coordinate and cooperate with foreign and international organizations regarding data collection, research and treatment modalities concerning HIV/AIDS; and

(f) Evaluate the adequacy of and make recommendations regarding the utilization of national resources for the prevention and control of HIV/AIDS in the Philippines.

SEC. 45. Membership and Composition. - (a) The Council shall be composed of twenty-six (26) members as follows:

(1) The Secretary of the Department of Health;

(2) The Secretary of the Department of Education, Culture and Sports or his representative;

(3) The Chairperson of the Commission on Higher Education or his representative;

(4) The Director-General of the Technical Education and Skills Development Authority or his representative;

(5) The Secretary of the Department of Labor and Employment or his representative;

(6) The Secretary of the Department of Social Welfare and Development or his representative;

(7) The Secretary of the Department of the Interior and Local Government or his representative;

(8) The Secretary of the Department of Justice or his representative;

(9) The Director-General of the National Economic and Development Authority or his representative;

(10) The Secretary of the Department of Tourism or his representative;

(11) The Secretary of the Department of Budget and Management or his representative;

(12) The Secretary of the Department of Foreign Affairs or his representative;

(13) The Head of the Philippine Information Agency or his representative;

(14) The Present of the League of Governors or his representative;

(15) The President of the League of City Mayors or his representative;

(16) The Chairperson of the Committee on Health of the Senate of the Philippines or his representative;

(17) The Chairperson of the Committee on Health of the House of Representatives or his representative;

(18) Two (2) representatives from organizations of medical/health professionals;

(19) Six (6) representatives from non-government organizations involved in H1V/A1DS prevention and control efforts or activities; and

(20) A representative of an organization of persons dealing with HIV/AIDS.

(b) To the greatest extent possible, appointment to the Council must ensure sufficient and discernible representation from the fields of medicine, education, health care, law, labor, ethics and social services;

(c) All members of the Council shall be appointed by the President of the Republic of the Philippines, except for the representatives of the Senate and the House of Representatives, who shall be appointed by the Senate President and the House Speaker, respectively;

(d) The members of the Council shall be appointed not later than thirty (30) days after the date of the enactment of this Act;

(e) The Secretary of Health shall be the permanent chairperson of the Council; however, the vice-chairperson shall be elected by its members from among themselves, and shall serve for a term of two (2) years; and

(f) For members representing medical/health professional groups and the six (6) non-government organizations, they shall serve for a term of two (2) years, renewable upon recommendation of the Council.

SEC. 46. Reports. - The Council shall submit to the President and to both Houses of Congress comprehensive annual reports on the activities and accomplishments of the Council. Such annual reports shall contain assessments and evaluation of intervention programs, plans and strategies for the medium- and long-term prevention and control program on HIV/AIDS in the Philippines.

SEC. 47. Creation of Special HIV/AIDS Prevention and Control Service. - There shall be created in the Department of Health a Special HIV/AIDS Prevention and Control Service staffed by qualified medical specialists and support staff with permanent appointment and supported with an adequate yearly budget. It shall implement programs on HIV/ AIDS prevention and control. In addition, it shall also serve as the secretariat of the Council.

SEC. 48. Appropriations. - The amount of Twenty million pesos (P20,000,000.00) shall be initially appropriated out of the funds of the National Treasury. Subsequent appropriations shall be provided by Congress in the annual budget of the Department of Health under the General Appropriations Act.

ARTICLE IX

MISCELLANEOUS PROVISIONS

SEC. 49. Implementing Rules and Regulations. - Within six (6) months after it is fully reconstituted, the Council shall formulate and issue the appropriate rules and regulations necessary for the implementation of this Act.

SEC. 50. Separability Clause. - If any provision of this Act is declared invalid, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

SEC. 51. Repealing Clause. - All laws, presidential decrees, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 52. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 1818 and House Bill No. 10510 was finally passed by the Senate and the House of Representatives on February 6, 1998.

Approved: FEB 13 1998

(Sgd.) FIDEL V. RAMOS
President of the Philippines

Source: Presidential Management Staff

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official gazette of the republic of the philippines - the official gazette is the official journal of the republic of the philippines. edited at the office of the president of the philippines under commonwealth act no. 638

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Approved on February 13, 1998: An Act promulgating policies and prescribing measures for the prevention and control of HIV/AIDS in the Philippines, instituting a nationwide HIV/AIDS information and educational program, establishing a comprehensive HIV/AIDS monitoring system, strengthening the Philippine National AIDS Council, and for other purposes

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National Blood Services Act of 1994 (RA 7719)

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National Blood Services Act of 1994 (RA 7719)

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It is an act promoting voluntary blood donation, providing for an
adequate supply of safe blood, regulating blood banks, and providing penalties for violations thereof.

What is the primary objective of this law? It is the aim of this law to have a full voluntary blood donation system that considers the following:

Safe and adequate blood supply depending on the quality of the blood source

Effective recruitment from healthy low-risk population

Proper donor selection and counseling

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Official Gazette of the Republic of the Philippines

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Republic of the Philippines
Congress of the Philippines
Metro Manila Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July,
nineteen hundred and ninety-three.
[REPUBLIC ACT NO. 7719] AN ACT PROMOTING VOLUNTARY BLOOD DONATION, PROVIDING FOR AN ADEQUATE SUPPLY OF SAFE BLOOD, REGULATING BLOOD BANKS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "National Blood Services Act of 1994".

SEC. 2. Declaration of Policy. - In order to promote public health, it is hereby declared the policy of the State:

a) to promote and encourage voluntary blood donation by the citizenry and to instill public consciousness of the principle that blood donation is a humanitarian act;

b) to lay down the legal principle that the provision of blood for transfusion is a professional medical service and not a sale of a commodity;

c) to provide for adequate, safe, affordable and equitable distribution of supply of blood and blood products;

d) to inform the public of the need for voluntary blood donation to curb the hazards caused by the commercial sale of blood;

e) to teach the benefits and rationale of voluntary blood donation in the existing health subjects of the formal education system in all public and private schools, in the elementary, high school and college levels as well as the non-formal education system;

f) to mobilize all sectors of the community to participate in mechanisms for voluntary and non-profit collection of blood;

g) to mandate the Department of Health to establish and organize a National Blood Transfusion Service Network in order to rationalize and improve the provision of adequate and safe supply of blood;

h) to provide for adequate assistance to institutions promoting voluntary blood donation and providing non-profit blood services, either through a system of reimbursement for costs from patients who can afford to pay, or donations from governmental and non-governmental entities:

i) to require all blood collection units and blood banks/centers to operate on a non-profit basis;

j) to establish scientific and professional standards for the operation of blood collection units and blood banks/centers in the Philippines;

k) to regulate and ensure the safety of all activities related to the collection, storage and banking of blood; and

l) to require upgrading of blood banks/centers to include preventive services and education to control spread of blood transfusion transmissible diseases.

SEC. 3. Definitions. -For purposes of this Act, the following terms shall mean:

a) Blood/blood product - refers to human blood, processed or unprocessed and includes blood components, its products and derivatives;

b) Blood bank/center - a laboratory or institution with the capability to recruit and screen blood donors, collect, process, store, transport and issue blood for transfusion and provide information and/ or education on blood transfusion transmissible diseases;

c) Commercial blood bank - a blood bank that exists for profit;

d) Hospital-based blood bank - a blood bank which is located within the premises of a hospital and which can perform compatibility testing of blood;

e) Blood collection unit - an institution or facility duly authorized by the Department of Health to recruit and screen donors and collect blood;

f) Voluntary blood donor - one who donates blood on one's own volition or initiative and without monetary compensation;

g) Department - the Department of Health;

h) Blood transfusion transmissible diseases - diseases which may be transmitted as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and Syphilis;

i) Secretary of Health - the Secretary of Health or any other person to whom the Secretary delegates the responsibility of carrying out the provisions of this Act; and

j) Walking Blood Donor - an individual included in the list of qualified voluntary blood donors referred to in Section 4, paragraph (e), who is ready to donate blood when needed in his/her community.

SEC. 4. Promotion of Voluntary Blood Donation. - In order to ensure adequate supply of human blood, voluntary blood donation shall be promoted through the following:

a) Public Education. - Through an organized and sustained nationwide public education campaign by the Department, the Philippine National Red Cross (PNRC) and the Philippine Blood Coordinating Council (PBCC), as the lead agencies, other government agencies, local government units (particularly the barangays), non-governmental organizations, all medical organizations, all public and private hospitals, all health and health-related institutions, print and broadcast media as well as other sectors. The Department is hereby authorized to set aside funds and generate financial support for all sectors involved in the collection and processing of blood from voluntary blood donors through a system of reimbursement for costs for patients who can afford to pay or from donations from government and private institutions. Voluntary donors shall likewise be provided non monetary incentives as may be determined by the Department.

b) Promotion in Schools. - The benefits and rationale of voluntary blood donation shall be included and given emphasis in health subjects of schools, both public and private, at the elementary, high school and college levels. The Department of Education, Culture and Sports shall also require such inclusion in its non-formal education curricula.

c) Professional Education. - The Department, the PBCC, the Philippine Society of Hematology and Blood Transfusion (PSHBT), the Philippine Society of Pathologists (PSP), the Philippine Medical Association (PMA), the Philippine Association of Medical Technologists (PAMET) and the Philippine Nursing Association (PNA) are encouraged to conduct for their respective members and as part of the continuing medical education, trainings on the rational use of blood and blood products including the merits of voluntary blood donation.

d) Establishment of Blood Services Network. - Blood centers shall be strategically established in every province and city nationwide within the framework of a National Blood Transfusion Service Network spearheaded by the Department, in coordination with the PNRC. The collection of blood in various areas in the community, such as schools, business enterprises, barangays, and military camps shall be promoted.

The Secretary shall set the standards for the scientific and professional establishment and operation of blood banks/centers and collection units. The Department shall provide training programs and technical assistance to enable communities, schools, industrial and business sites, barangays, military camps and local government units to implement their own voluntary blood donation programs.

e) Walking Blood Donors. - In areas where there may be inadequate blood banking facilities, the walking blood donor concept shall be encouraged and all government hospitals, rural-health units, health centers and barangays in these areas shall be required to keep at all times a list of qualified voluntary blood donors with their specified blood typing.

SEC. 5. National Voluntary Blood Services Program. - The Department, in cooperation with the PNRC and PBCC and other government agencies and non-governmental organizations shall plan and implement a National Voluntary Blood Services Program (NVBSP) to meet in an evolutionary manner, the needs for blood transfusion in all regions of the country. Funds for this purpose shall be provided by the Government through the budgetary allocation of the Department, by the Philippine Charity Sweepstakes Office (PCSO) with an initial amount of at least Twenty-five million pesos (P25,000,000), by the Philippine Amusement and Gaming Corporation (PAGCOR) with an initial amount of at least Twenty-five million pesos (P25,000,000), by the trust liability account of the Duty Free Shop (Duty Free Philippines) with an initial amount of at least Twenty million pesos (P20,000,000) and through contributions of other agencies such as civic organizations.

SEC. 6. Upgrading of Services and Facilities. - All blood banks/ centers shall provide preventive health services such as education and counselling on blood transfusion transmissible diseases. All government hospitals, including those that have been devolved, shall be required to establish voluntary blood donation programs and all private hospitals shall be encouraged to establish voluntary blood donation programs.

The Department, in consultation with the PSHBT and the PSP, shall also establish guidelines for the rational use of blood and blood products.

SEC. 7. Phase-out of Commercial Blood Banks. - AH commercial blood banks shall be phased-out over a period of two (2) years after the effectivity of this Act, extendable to a maximum period of two (2) years by the Secretary.

SEC. 8. Non-Profit Operation. - All blood banks/centers shall operate on a non-profit basis: Provided, That they may collect service fees not greater than the maximum prescribed by the Department which shall be limited to the necessary expenses entailed in collecting and processing of blood. Blood shall be collected from healthy voluntary donors only.

SEC. 9. Regulation of Blood Sciences. - It shall be unlawful for any person to establish and operate a blood bank/center unless it is registered and issued a license to operate by the Department: Provided, That in case of emergencies, blood collection and transfusion under the responsibility of the attending physician shall be allowed in hospitals without such license under certain conditions prescribed by the Department. No license shall be granted or renewed by the Department for the establishment and operation of a blood bank/ center unless it complies with the standards prescribed by the Department. Such blood bank/center shall be under the management of a licensed and qualified physician duly authorized by the Department.

SEC. 10. Importation of Blood Bank Equipment, Blood Bags and Reagents. -Upon the effectivity of this Act, equipment, blood bags and reagents used for the screening and testing of donors, collection and processing and storage of blood shall be imported tax-and duty-free by the PNRC, blood banks and hospitals participating actively in the National Voluntary Blood Services Program. This provision shall be implemented by the rules and regulations to be promulgated by the Department in consultation and coordination with the Department of Finance.

SEC. 11. Rules and Regulations. - The implementation of the provisions of this Act shall be in accordance with the rules and regulations to be promulgated by the Secretary, within sixty (60) days from the approval hereof. The existing Revised Rules and Regulations Governing the Collection, Processing and Provision of Human Blood and the Establishment and Operation of Blood Banks shall remain in force unless amended or revised by the Secretary. The rules and regulations shall prescribe from time to time the maximum ceiling for fees for the provision of blood, including its collection, processing and storage, professional services and a reasonable allowance for spoilage.

SEC. 12. Penalties. - Upon complaint of any person and after due notice and hearing, any blood bank/center which shall collect charges and fees greater than the maximum prescribed by the Department shall have its license suspended or revoked by the Secretary.

Any person or persons who shall be responsible for the above violation shall suffer the penalty of imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Five thousand pesos (P5,000) nor more than Fifty thousand pesos (P50,000), or both at the discretion of the competent court.

Any person who shall establish and operate a blood bank without securing any license to operate from the Department or who fails to comply with the standards prescribed by the Department referred to in Section 9 hereof shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day nor more than twenty (20) years or a fine of not less than Fifty thousand pesos (P50.000) nor more than Five hundred thousand pesos (P500,000), or both at the discretion of the competent court.

The Secretary, after due notice and hearing, may impose administrative sanctions such as, but not limited to, fines, suspension, or revocation of license to operate a blood bank/center and to recommend the suspension or revocation of the license to practice the profession when applicable.

The head of the blood bank and the necessary trained personnel under the head's direct supervision found responsible for dispensing, transfusing and failing to dispose, within forty-eight (48) hours, blood which have been proven contaminated with blood transfusion transmissible diseases shall be imprisoned for ten (10) years. This is without prejudice to the filing of criminal charges under the Revised Penal Code.

SEC. 13. Separability Clause. - If any provision of this Act is declared invalid, the other provisions hereof not affected thereby shall remain in force and effect.

SEC. 14. Repealing Clause. - This Act shall supersede Republic Act No. 1517 entitled "Blood Bank Act." The provisions of any law, executive order, presidential decree or other issuances inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 15. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 1011 and House Bill No. 879 was finally passed by the Senate and the House of Representatives on April 28, 1994.

Approved: MAY 5, 1994

(Sgd.) FIDEL V. RAMOS
President of the Philippines

Source: Presidential Management Staff

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official gazette of the republic of the philippines - the official gazette is the official journal of the republic of the philippines. edited at the office of the president of the philippines under commonwealth act no. 638

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Republic of the Philippines Congress of the Philippines Metro Manila Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, nineteen hundred and ninety-three. [REPUBLIC ACT NO.

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Republic Act No.8750 (also known as the Seat Belts Use Act of 1999), requires the mandatory compliance by motorists of private and public vehicles to use seat belt devices and requires vehicle manufacturers to install seat belt devices in all their manufactured vehicles.

The aim of this law is to protect the drivers and passengers from injuries
due to vehicular accidents.
The following are covered in this law:
1. The driver and front seat passengers while inside a running vehicle.
2.Children 6 years and below should not be in the
front seat of a running vehicle.
3. Signs should be posted instructing front seat passengers to wear seat belts while inside a running vehicle.

Source: LawPhil.net

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Eleventh Congress
Republic Act No. 8750 &nbsp &nbsp &nbsp &nbsp &nbsp &nbsp August 5, 1999 AN ACT REQUIRING THE MANDATORY COMPLIANCE BY MOTORISTS OF PRIVATE AND PUBLIC VEHICLES TO USE SEAT BELT DEVICES, AND REQUIRING VEHICLE MANUFACTURERS TO INSTALL SEAT BELT DEVICES IN ALL THEIR MANUFACTURED VEHICLES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Seat Belts Use Act of 1999."

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the passengers and drivers of private and public motor vehicles, from the ruinous and extremely injurious effects of vehicular accidents. Towards this end, the State shall pursue a more proactive and preventive approach in order to secure the safety of the passengers and drivers at all times with the mandatory enforcement of the use of seat belt devices by the drivers and front seat passengers of private and public motor vehicles.

Section 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Motorist" shall refer to the driver of a motor vehicle.

(b) "Seat belt device" shall refer to any strap, webbing or similar device in the form of pelvic restraint or lap belt, upper torso restraint or shoulder strap or a combination thereof designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt device in a motor vehicle.

(c) "Motor vehicle" shall refer to both private and public motor vehicle. The term shall not include the tricycle and motorcycle.

(d) "Private motor vehicle" shall refer to any of the following:

(1) Any motor vehicle owned by individuals and juridical persons for private use;

(2) Any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including government-owned or controlled corporations or their subsidiaries for official use; and

(3) Any diplomatic vehicle.

(e) "Public motor vehicle" shall refer to public utility vehicle or vehicle for hire.

(f) "Motor vehicle of running engine" shall refer to a vehicle as stated herein, operating and standing on any road or thoroughfare with engine running.

(g) "Front seat passengers" shall refer to persons on board a public utility vehicle seated at the right side beside the driver for public utility jeepneys (PUJs) and to passengers seated at the right side beside the driver and those at the first row immediately behind the driver in the case of public utility buses (PUBs) and to passengers seated on the right side beside the driver for private motor vehicles.

Section 4. Mandatory Use of Seat Belts. - For their own safety, the driver and front seat passengers of a public or private motor vehicle are required to wear or use their seat belt devices while inside a vehicle of running engine on any road or thoroughfare: Provided, That for private vehicles, except for jeeps, jeepneys, vans, buses and such other private vehicles as may be determined in the Implementing Rules and Regulations (IRR), front and back seat passengers are likewise required to use their seat belt devices at all times.

In the case of public motor vehicles, the driver shall be required to immediately inform and require the front seat passengers upon boarding a vehicle of running engine to wear the prescribed seat belts. Any passenger who refuses to wear seat belts shall not be allowed to continue his/her trip.

For special public service vehicles such as school services and other similar vehicles as may be determined by the IRR, seat belt devices should be provided and used by both drivers and front seat passengers as defined herein and the first row passengers immediately behind the driver at all times while inside a vehicle of running engine.

Operational motor vehicles, both public and private, which are not equipped with the required seat belt devices, are given one (1) year from the issuance of the IRR by the Land Transportation Office (LTO) to retrofit appropriate seat belt devices in their vehicles.

Section 5. Children Prohibited to Sit in Front Seat. - Infants and/or children with ages six (6) years and below shall be prohibited to sit in the front seat of any running motor vehicle.

Section 6. Coverage. - This Act, in the interest of public safety, shall apply to drivers and front seat passengers of public and private motor vehicles and other vehicles as may be determined by the IRR thereon.

Section 7. Provisions for Seat Belt. - This Act further requires car manufacturers, assemblers and distributors to ensure that seat belt devices are properly installed before the distribution and sale of the said vehicles as determined by the IRR thereon: Provided, That manufacturers, assemblers and distributors of jeepneys may install a pelvic restraint or lap belt only in the driver's and front seat passengers' seats and this shall be considered as substantial compliance with the requirements of this Act.

Section 8. Importation. - It shall be unlawful for any person to import or cause the importation of any vehicle without appropriate and operational seat belt devices as required herein and in accordance with the IRR thereon.

Section 9. Type of Seat Belt Devices Required. - The seat belt devices required to be installed in all motor vehicles shall comply with the standards and specifications established by the Bureau of Product Standards of the Department of Trade and Industry (DTI) in consultation with the LTO of the Department of Transportation and Communications (DOTC): Provided, That the seat belt devices installed in imported second-hand motor vehicles shall conform to the standards and specifications of the Bureau of Product Standards for purposes of importation and registration.

Section 10. Registration. - No new motor vehicle shall be allowed initial registration and succeeding renewal of registration unless it is equipped with the necessary seat belt devices. Renewal of registration of in-use vehicles without necessary seat belt devices shall not be allowed one (1) year after the passage of the IRR as specified in Section 11 of this Act. For this purpose, the LTO shall include in the implementing guidelines a system of vehicle registration where compliance with Section 4 hereof is required.

Section 11. Period of Implementation. - The LTO shall be the agency primarily responsible in the enforcement and implementation of this Act. Within sixty (60) days from the effectivity of this Act, the LTO shall formulate and issue the necessary implementing rules, regulations and guidelines and shall mobilize available resources to assure the effective implementation of this Act: Provided, That the LTO or its successor tasked with the implementation of this Act may require the use of special car seats for infants, if it is deemed necessary.

Section 12. Penalties and Fines. - In the enforcement of this Act, the LTO shall impose fines against drivers, operators, owners of vehicles, manufacturers, assemblers, importers and/or distributors for violation of this Act.

The following shall be the basis in defining fine and penalty provisions of the IRR to be promulgated pursuant to Section 11 hereof, provided that six (6) months grace period shall be allowed to lapse to conduct a nationwide information campaign:

(1) On the driver

(a) For failure to wear the prescribed seat belt devices and/or failure to require his passengers to wear the prescribed seat belt device, a minimum fine of One hundred pesos (P100) but not to exceed One thousand pesos (P1,000) for the first violation; a minimum fine of Two hundred pesos (P200) but not to exceed Two thousand pesos (P2,000) for the second violation; and a minimum fine of Five hundred pesos (P500) but not to exceed Five thousand pesos (P5,000) and suspension of driver's license for a period of one (1) week for the third and succeeding violations;

(b) Public utility vehicles shall post appropriate signages instructing front seat

passengers to wear seat belts when inside the vehicle. Non-compliance hereof will hold both the driver and the operator liable and shall be fined a minimum of Three hundred pesos (P300) but not to exceed Three thousand pesos (P3,000) for every violation; and

(2) On any manufacturer, assembler, importer and distributor for every unit found without seat belt devices installed prior to its distribution to the public, a minimum fine of Five thousand pesos (P5,000) but not to exceed Ten thousand pesos (P10,000) and suspension of the license to manufacture, assemble, import or distribute for a period of one (1) year for the first violation; a minimum fine of Ten thousand pesos (P10,000) but not to exceed Twenty thousand pesos (P20,000) and suspension of the license to manufacture, assemble, import or distribute for a period of two (2) years for the second violation; and a fine of Twenty thousand pesos (P20,000) but not to exceed Fifty thousand pesos (P50,000) and suspension of the license to manufacture, assemble, import or distribute for a period of five (5) years for the third violation.

Section 13. Nationwide Public Information Campaign. - (a) The LTO, in coordination with the Philippine Information Agency (PIA) the Department of Education, Culture and Sports (DECS) and private agencies and organizations, shall undertake a regular nationwide Information, Education and Communication (IEC) campaign for the attainment of the objectives of this Act. The campaign shall stress the safety and health value of seat belts to support the most effective enforcement of this Act.

(b) The LTO, in coordination with the local government units, shall likewise utilize the services of citizen groups and community organizations for the promotion of public safety awareness in observance of this Act.

(c) The fines that will be collected for the enforcement of this Act shall be used exclusively for the implementation of the provisions of this Act, including the necessary promotion campaigns for the use of seat belt devices.

Section 14. Separability Clause. - If any provision, or part hereof, is held invalid or unconstitutional, the remainder of the law or provision not otherwise affected shall remain valid and subsisting.

Section 15. Repealing Clause. - Section 34, Article IV of Republic Act No. 4136 is hereby amended and any law, executive order, decree, issuance, ordinance, rule and regulation or any part thereof contrary or inconsistent with the provisions of this Act is also hereby repealed, modified or amended accordingly.

Section 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.

Approved: August 5, 1999

The Lawphil Project - Arellano Law Foundation

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Eleventh Congress Republic Act No. 8750 &nbsp &nbsp &nbsp &nbsp &nbsp &nbsp August 5, 1999 AN ACT REQUIRING THE MANDATORY COMPLIANCE BY MOTORISTS OF PRIVATE AND PUBLIC VEHICLES TO USE SEAT BELT DEVICES, AND REQUIRING VEHICLE MANUFACTURERS TO INSTALL SEAT BELT DEVICES IN ALL THEIR MANUFACTURED VEHICLES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1.

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Cybercrime Prevention Act of 2012 (RA 10175)

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Cybercrime Prevention Act of 2012 (RA 10175)

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It is a law which is aimed at addressing legal issues concerning online interactions and the Internet in the Philippines. It is the first law in the Philippines which specifically criminalizes computer crime. Among the cybercrime offenses
included in the bill are cybersquatting, cybersex, child pornography, identity theft, and illegal access to data and libel.

Some of the offenses are: Illegal Access, Illegal Interception, Data Inference, System Inference, Misuse of Devices, Cybersquatting, Computer-related Forgery, Computer-related Fraud, Computer-related Identity Theft, Cybersex, Child Pornography, Unsolicited Commercial Communications, and Libel.

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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S. No. 2796
H. No. 5808

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.
[ Republic Act No. 10175 ] AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Title. - This Act shall be known as the "Cybercrime Prevention Act of 2012".

SEC. 2. Declaration of Policy. - The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation's overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms are hereby defined as follows:

(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

(c) Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.

(g) Computer system refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user's assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and

(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.

(o) Subscriber's information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the period of service;

(2) The subscriber's identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication's origin, destination, route, time, date, size, duration, or type of underlying service.

CHAPTER II
PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. - The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. - The access to the whole or any part of a computer system without right.

(2) Illegal Interception. - The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. - The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.

(4) System Interference. - The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. - The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. -

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. - The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. - The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. - The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

(2) Child Pornography. - The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.

(3) Unsolicited Commercial Communications. - The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

(4) Libel. - The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

SEC. 5. Other Offenses. - The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. - Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. - Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. - A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

SEC. 8. Penalties. - Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhP1,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the "Anti-Child Pornography Act of 2009": Provided,That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.

SEC. 9. Corporate Liability. - When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

SEC. 10. Law Enforcement Authorities. - The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

SEC. 11. Duties of Law Enforcement Authorities. - To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

SEC. 12. Real-Time Collection of Traffic Data. - Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the communication's origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.

SEC. 13. Preservation of Computer Data. - The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

SEC. 14. Disclosure of Computer Data. - Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber's information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

SEC. 15. Search, Seizure and Examination of Computer Data. - Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.

SEC. 16. Custody of Computer Data. - All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.

SEC. 17. Destruction of Computer Data. - Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.

SEC. 18. Exclusionary Rule. - Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

SEC. 19. Restricting or Blocking Access to Computer Data. - When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.

SEC. 20. Noncompliance. - Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V
JURISDICTION

SEC. 21. Jurisdiction. - The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Sec. 22. General Principles Relating to International Cooperation - All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.

CHAPTER VII
COMPETENT AUTHORITIES

SEC 23. Department of Justice (DOJ). - There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition.

SEC. 24. Cybercrime Investigation and Coordinating Center. - There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan.

SEC. 25. Composition. - The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.

SEC. 26. Powers and Functions. - The CICC shall have the following powers and functions:

(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other

related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and policies;

(g) To call upon any government agency to render assistance in the accomplishment of the CICC's mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

SEC. 27. Appropriations. - The amount of Fifty million pesos (PhP50,000,000.00) shall be appropriated annually for the implementation of this Act.

SEC. 28. Implementing Rules and Regulations. - The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.

SEC. 29. Separability Clause - If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.

SEC. 30. Repealing Clause. - All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the "Electronic Commerce Act" is hereby modified accordingly.

SEC. 31. Effectivity. - This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.

Approved: SEP 12 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

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official gazette of the republic of the philippines - the official gazette is the official journal of the republic of the philippines. edited at the office of the president of the philippines under commonwealth act no. 638

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Approved on September 12, 2012: An Act defining Cybercrime. providing for the prevention, investigation, suppression and the imposition of penalties therefor and for other purposes.

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Anti-Child Pornography Act of 2009 (RA 9775)

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Anti-Child Pornography Act of 2009 (RA 9775)

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What is pornography?
Pornography includes the following: publication, exhibition, cinematography, indecent show, information technology, or any representation of a person engaged in real or simulated sexual activities. It also includes any representation of the sexual parts of a person primarily for sexual excitement.

What is child pornography?
This includes the use of a child in pornographic performances and materials. It also covers situations where a child is forced to do pornographic acts.

What are unlawful or prohibited acts under this law?

To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of child pornography

To produce, direct, manufacture or create any forms of child pornography

To publish, offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any forms of child pornography

To possess any forms of child pornography with the intent to sell, distribute, publish or broadcast provided that possession of 3 or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast

To engage in the luring or grooming of a child

To willfully access any form of child pornography

To possess any form of Child Pornography

Source: The Official Gazette of the Republic of the Philippines

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Official Gazette of the Republic of the Philippines

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Republic of the Philippines

Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session Republic Act No. 9775 AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being. Towards this end, the State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and abuse including, but not limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography through whatever means; and

(c) Comply with international treaties to which the Philippines is a signatory or a State party concerning the rights of children which include, but not limited to, the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:

(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and

(2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:

(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts

(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet, computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the Philippines.

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography. It includes online enticement or enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material.

(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be punished under Section 15(a) of this Act.

Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses punishable under this Act may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or

(j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.

Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or designate special prosecutors to prosecute cases for the violation of this Act.

Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court which has territorial jurisdiction over the place where the offense or any of its essential elements was committed pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".

Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its server or facility. Nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person: Provided, That no ISP shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section.

Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant authorities.

An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address which contains any form of child pornography.

All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered.

An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section 15(k) of this Act.

The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the effectivity of this Act the necessary rules and regulations for the implementation of this provision which shall include, among others, the installation of filtering software that will block access to or transmission of any form of the child pornography.

Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business Establishments. - All mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their premises. Provided, That public display of any form of child pornography within their premises is a conclusive presumption of the knowledge of the mall owners/operators and owners or lessors of other business establishments of the violation of this Act: Provided, further, That a disputable presumption of knowledge by mall owners/operators and owners or lessors of other business establishments should know or reasonably know that a violation of this Act is being committed in their premises.

Photo developers, information technology professionals, credit card companies and banks and any person who has direct knowledge of any form of child pornography activities shall have the duty to report any suspected child pornography materials or transactions to the proper authorities within seven (7) days from discovery thereof.

Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15(l) of this Act.

Section 11. Duties of an Internet Content Host. - An internet content host shall:

(a) Not host any form of child pornography on its internet address;

(b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars of the person maintaining, hosting, distributing or in any manner contributing to such internet address, to the proper authorities; and

(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.

An internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address that contains any form of child pornography.

An internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section 15(j) of this Act: Provided, That the failure of the internet content host to remove any form of child pornography within forty-eight (48) hours from receiving the notice that any form of child pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.

Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the establishment and operation of the same or similar establishments in order to prevent violation of the provisions of this Act.

Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed:

(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may, whenever necessary to ensure a fair and impartial proceeding and after considering all circumstances for the best interest of the child conduct a closed-door investigation, prosecution or trial;

(b) The name and personal circumstances of the child, including the child's immediate family, or any other information tending to establish his/her identity shall not be disclosed to the public;

(c) Any record regarding a child shall be confidential and kept under seal. Except upon written request and order of the court, a record shall be released only to the following:

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem;

(5) Agents of investigating law enforcement agencies and

(6) Other persons as determined by the court.

(d) Any form of child pornography that is part of the court records shall be subject to a protective order that provides as follows:

(1) Any form of child pornography may be viewed only by the parties, their counsel, their expert witness and guardian ad litem;

(2) Neither form of child pornography nor any portion thereof shall be divulged to any other person, except as necessary for investigation, prosecution or trial; and

(3) No person shall be granted access to any form of child pornography or any part thereof unless he/she signs a written affirmation that he/she has received and read a copy of the protection order; that he/she submits to the jurisdiction of the court with respect to the protective order; and that, in case of violation thereof, he/she will be subject to the contempt power of the court; and

(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing the tri-media facilities or information technology to publish or broadcast the names of the victims of any case of child pornography.

Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act.

Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a victim of any form of child pornography is provided appropriate care, custody and support for their recovery and reintegration in accordance with existing laws.

The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act".

The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No. 7309, otherwise known as "An Act Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes", so that the child may claim compensation therein.

Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for offenses enumerated in this Act:

(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer the penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);

(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty of reclusion temporal in its maximum period and a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million (Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty of reclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos (Php750,000.00) but not more than One million pesos (Php1,000,000.00);

(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion temporal in its minimum period and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos (Php700,000.00);

(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Three hundred thousand pesos (Php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision mayor in its minimum period and a fine of not less than Three hundred thousand pesos (php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision correccional in its maximum period and a fine of not less than Two hundred thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision correccional in its medium period and a fine of not less than One hundred thousand pesos (php100,000.00) but not more than Two hundred fifty thousand pesos (php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto mayor in its minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00);

(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision correccional in its medium period and a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment;

(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation requirements under Section 9 of this Act shall suffer the penalty of a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) for the first offense. In case of subsequent offense, the penalty shall be a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and revocation of its license to operate;

(l) Any mall owner-operator and owner or lessor of other business establishments including photo developers, information technology professionals, credit card companies and banks, found guilty of willfully and knowingly failing to comply with the notice requirements under Section 10 of this Act shall suffer the penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine of not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment; and

(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in its minimum period and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).

Section 16. Common Penal Provisions. -

(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third degree of consanguinity or affinity or any person having control or moral ascendancy over the child, the penalty provided herein shall be in its maximum duration; Provided, That this provision shall not apply to Section 4(g) of this Act;

(b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner, member of the board of directors and/or any responsible officer who participated in the commission of the crime or shall have knowingly permitted or failed to prevent its commissions;

(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of his/her sentence and shall forever be barred from entering the country; and

(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a public officer or employee.

Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Pornography. - In addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture in favor of the government of all the proceeds, tools and instruments used in the commission of the crime, unless they are the property of a third person not liable for the unlawful act; Provided, however, That all awards for damages shall be taken from the personal and separate properties of the offender; Provided, further, That if such properties are insufficient, the deficiency shall be taken from the confiscated and forfeited proceeds, tools and instruments.

All proceeds derived from the sale of properties used for the commission of any form of child pornography shall accrue to the special account of the DSWD which shall be used exclusively for the implementation of this Act.

When the proceeds, tools and instruments used in the commission of the offense have been destroyed diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, tools and instruments used in the commission of the offense. 1avvphi1

Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and reintegration into the mainstream of society concerned government agencies and the LGUs shall make available the following services to victims of any form of child pornography:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services, which shall include information about the victim's rights and the procedure for filing of complaints, claims for compensation and such other legal remedies available to them in a language understood by the child;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance.

Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the child victims shall adopted and carried out.

Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography created under Section 20 of this Act shall develop and implement the necessary programs that will prevent any form of child pornography, as well as protect, heal and reintegrate the child into the mainstream of society. Such programs shall include beat but not limited to the following:

(a) Provision of mandatory services including counseling free legal services, medical or psychological services, livelihood and skills training and educational assistance to the child pursuant to Section 18 of this Act;

(b) Sponsorship of a national research program on any form of child pornography and other acts covered by the law and the establishment of a data collection system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government agencies and nongovernmental organizations:

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe , government, nongovernmental and international organizations and

(e) Promotion of information and education campaign.

Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an Inter-Agency Council against Child Pornography to be composed of the Secretary of the DSWD as chairperson and the following as members:

(a) Secretary of the Department of Justice:

(b) Secretary of the Department of Labor and Employment

(c) Secretary of the Department of Science and Technology

(d) Chief of the Philippine National Police;

(e) Chairperson of the Commission on Information and Communications Technology;

(g) Commissioner of the National Telecommunications Commission;

(h) Executive Director of the Council for the Welfare of Children;

(i) Executive Director of the Philippine Center for Transnational Crimes;

(j) Executive Director of the Optical Media Board;

(k) Director of the National Bureau of Investigation; and

(l) Three (3) representatives from children's nongovernmental organizations. These representatives shall be nominated by the government agency representatives of the Council for appointment by the President for a term of three (3) years and may be renewed upon renomination and reappointment by the Council and the President respectively.

The members of the Council mat designate their permanent representatives, who shall have a rank not lower than assistant secretary or its equivalent, to meetings and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

The DSWD shall establish the necessary Secretariat for the Council.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any form of child pornography;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various members agencies effectively address the issues and problems attendant to child pornography;

(e) Conduct and coordinate massive information disseminations and campaign on the existence of the law and the various issues and problems attendant to child pornography;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on the action taken;

(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of victims of child pornography;

(i) Secure from any department, bureau, office, agency or instrumentality of the government or from NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system relative to child abuse and exploitation and ensure that the proper agencies conduct a continuing research and study on the patterns and schemes of any form of child pornography which form basis for policy formulation and program direction;

(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of child pornography;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress any form of child pornography;

(m) Adopt measures and policies to protect the rights and needs of the victims of child pornography who are foreign nationals in the Philippines;

(n) maintain a database of cases of child pornography;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to victims of child pornography.

(p) Submit to the President and the Congressional Oversight committee credited herein the annual report on the policies, plans, programs and activities of the Council relative to the implementation of this Act; and

(q) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act.

Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational Organized Crime, the DOJ may execute the request of a foreign state for assistance in the investigation or prosecution of any form of child pornography by: (1) conducting a preliminary investigation against the offender and, if appropriate, to file the necessary charges in court; (2) giving information needed by the foreign state; and (3) to apply for an order of forfeiture of any proceeds or monetary instrument or properly located in the Philippines used in connection with child pornography in the court; Provided, That if the DOJ refuses to act on the request of for delaying the execution thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this purpose, be at all times recognized.

Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor to include child pornography among extraditable offenses in future treaties.

Section 24. Congressional Oversight Committee. -There is hereby created a Congressional Oversight Committee composed of five (5) members from the Senate and five (5) members from the House of Representatives. The members from the Senate shall be appointed by the Senate President based on proportional representation of the parties or coalition therein with at least one (1) member representing the Minority. The members from the House of Representative shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein with the Chair of the House of Committee on Welfare of Children and at least one (1) member representing the Minority

The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and Family relations and the House of Representatives Committee on Justice. The Secretariat of the Congressional Oversight Committee shall come from the existing Secretariat personnel of the Committees of the Senate and the House of Representatives concerned.

The Committee shall monitor and ensure the effective implementation of this Act, determine inherent weakness and loopholes in the law. Recommend the necessary remedial legislator or administrative measures and perform such other duties and functions as may be necessary to attain the objectives of this Act.

Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child Pornography Act and the operationalization of the Inter-Agency Council Against Child Pornography shall be included in the annual General Appropriations Act.

Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child pornography shall promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity of this Act.

Section 27. Suppletory Application of the Revised Penal Code. - The Revised penal Code shall be suppletorily applicable to this Act.

Section 28. Separability Clause. - If any part of this Act is declared unconstitutional or invalid, the other provisions not affected thereby shall continue to be in full force and effect.

Section 29. Repealing Clause. - All laws, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

Section 30. Effectivity. - This Act shall effect after fifteen (15) days following its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
This Act which is a consolidation of Senate Bill No. 2317 and House Bill No. 6440 was finally passed by the Senate and the House of Representatives on October 13, 2009.

Approved: November 17, 2009

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

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Republic of the Philippines Congress of the Philippines Metro Manila Fourteenth Congress Third Regular Session Republic Act No. 9775 AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1.