Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR. 
AN ACT 
BANNING THE IMPORTATION, MANUFACTURE, PROCESSING, USE OR 
DISTRIBUTION IN COMMERCE OF ASBESTOS AND ASBESTOS-
CONTAINING PRODUCTS 
EXPLANATORY NOTE 
Asbestos is the generic commercial designation for a group of naturally occurring 
mineral silicate fibres that have been used in a wide variety of products and various uses over 
the years. It is known for its heat-resistant properties and durability, which made it a popular 
material in various industries such as construction, automotive, and shipbuilding. However, 
recent studies show that prolonged exposure to asbestos fibers can lead to severe respiratory 
illnesses such as asbestosis, lung cancer, and mesothelioma. These diseases are often fatal 
and have a long latency period, meaning that symptoms may only manifest after several years 
of exposure. The International Agency for Research on Cancer even considers asbestos a 
known human carcinogen. 
Worldwide, several countries have already prohibited and/or regulated the 
manufacture, export, and import of asbestos and asbestos containing materials, particularly, 
friable asbestos materials and low density products. In the Philippines, the use of asbestos and 
asbestos-containing products has remained widespread in various industries, including 
construction, automotive, and manufacturing. According to the Department of Environment 
and Natural Resources (DENR), there are still several asbestos-containing materials in use in 
the country, including roofing sheets, cement pipes, and brake pads. 
March 9, 2023
12:58 pm
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In 2000, the DENR issued Administrative Order No. 2000-02, a Chemical Control 
Order (CCO) for Asbestos meant to control and regulate the use and disposal of asbestos into 
the environment to avoid the aforesaid adverse consequences. 
 
In 2019, the Food and Drug Administration (FDA) issued FDA Advisory 2019-394 in 
response to the safety alert warning by the United States Food and Drug Administration 
(USFDA) for consumers not to use certain cosmetic products that tested positive for asbestos. 
Included in these products were Johnson’s Baby Powder, a product of Johnson and Johnson 
Consumer Inc. (JJCI). While the Philippine FDA was informed by JJCI that the products in 
question where distributed only in the United States, among the few public health 
interventions of the FDA was to advise the general public to use cosmetic products cautiously 
and required a warning in the product label – “keep powder away from children’s nose and 
mouth.” 
 
With thousands of lawsuits against JJCI, they have announced that it would end the 
worldwide sale of talc-based Johnson’s Baby Powder in 2023. The company had already 
discontinued the sale of the talc-based version of its baby powder in the U.S. and Canada in 
2020.1 
 
The risks associated with exposure to asbestos have been well-documented, and 
various international organizations, including the World Health Organization (WHO), have 
recommended that the use of asbestos be banned. With such health risks posed by asbestos 
and asbestos-containing products, at least 69 countries have instituted a National Asbestos 
Ban policy.2 
 
The enactment of this act in the Philippines is a significant step in protecting the 
health and safety of the public, particularly workers who may be exposed to asbestos fibers in 
their workplaces. 
 
This bill seeks to prohibit the importation, manufacturing, processing, use, and 
distribution of asbestos and asbestos-containing products in commerce within the Philippines. 
It is the hope of this measure to address the significant health risks associated with exposure 
to asbestos, and to protect the public from its harmful effects. The ban on the use of asbestos 
and asbestos-containing products is necessary to ensure the health and safety of workers and 
the public, and to prevent the incidence of asbestos-related diseases. 
 
In view of the foregoing, the passage of this bill is earnestly sought. 
 
 
 
TEODORICO T. HARESCO, JR
                                               
1 https://www.asbestos.com/news/2022/08/15/johnson-johnson-talc-worldwide-sales/ 
2 http://ibasecretariat.org/alpha_ban_list.php 


NINETEENTH CONGRESS OF THE 
 REPUBLIC OF THE PHILIPPINES 
First Regular Session 
House Bill No. _______ 
Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR. 
AN ACT 
BANNING THE IMPORTATION, MANUFACTURE, PROCESSING, USE OR 
DISTRIBUTION IN COMMERCE OF ASBESTOS AND ASBESTOS-
CONTAINING PRODUCTS 
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 “Asbestos Ban Act." 
1 
2 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the general 
3 
welfare of the people and to assure the rights of workers to just, humane and healthful 
4 
working conditions in all places of work. Pursuant to this policy, this Act shall ban the 
5 
importation, manufacture, processing or use of all types of asbestos and asbestos-containing 
6 
products whether for commercial or non-commercial purposes. 
7 
8 
SECTION 3. Definition of Terms. – For the purposes of this Act, the term: 
9 
(a) “Asbestos” means the fibruous form of mineral silicates belonging to rock-forming
10 
minerals of the serpentine group, i.e. chrysotile (white asbestos), and of the amphibole
11 
group, i.e. actinolite, amosite (brown asbestos, cummingtonite-grunite) anthophyllite,
12 
crocidolite (blue asbestos), tremolite, or any mixture containing one or more of these;
13 
(b) “Asbestos-containing product” means any product (including any part) to which
14 
asbestos is deliberately or knowingly added or in which asbestos is deliberately or
15 
knowingly used in any concentration;
16 
(c) “Asbestos dust” means airborne particles of asbestos or settled particles of asbestos
17 
which are liable to become airborne in the working environment.
18 
(d) “Biopersistent durable fiber” means a silicate fiber that occurs naturally in the
19 
environment; and is similar to asbestos in resistance to dissolution; leaching; and
20 
other physical, chemical, or biological processes expected from contact with lung
21 
cells and other cells and fluids in the human body. This term includes: richterite;
22 
winchite; 
erionite; 
and 
non-asbestiform 
varieties 
of 
amosite, 
crocidolite,
23 
anthophyllite, tremolite, and actinolite.
24 
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(e) “Contaminant-asbestos product” means any product that contains asbestos as a 
25 
contaminant of any mineral or other substance, in any concentration. 
26 
(f) “Distribute in commerce” means an action taken with respect to an asbestos-
27 
containing product in connection with the end use of the asbestos-containing product 
28 
by a person that is an end user; or distribution of an asbestos-containing product by a 
29 
person solely for the purpose of disposal of the asbestos-containing product in 
30 
compliance with applicable laws; 
31 
(g) “Fiber” means an acicular single crystal or similarly elongated polycrystalline 
32 
aggregate particle with a length to width ration of 3 to 1 or greater; and 
33 
(h) “Person” means any individual, corporation, company, association, firm, partnership, 
34 
joint venture, sole proprietorship, or other for-profit or nonprofit business entity 
35 
(including any manufacturer, importer, distributor, or processor); or any government 
36 
department, agency, or instrumentality. 
37 
 
38 
SECTION 4. Research and Reporting. - The Department of Health (DOH) shall conduct a 
39 
study and, not later than eighteen (18) months after the date of enactment of this Act, submit 
40 
to Congress, and government departments and agencies, as appropriate, the following: 
41 
 
42 
(a) A report containing a description of the current state of the science relating to the 
43 
disease mechanisms and health effects of exposure to asbestos and other biopersistent 
44 
durable fibers; and methods for measuring and analyzing asbestos; 
45 
(b) Recommendations for proper medical surveillance of exposed workers, including 
46 
continuing monitoring after exposure has ceased, a national registration system for 
47 
exposed workers that is accessible or open to the public and a national health service 
48 
system for asbestos; 
49 
(c) A description of the current status of labeling practices relating to asbestos-containing 
50 
material; 
51 
(d) A description of the current usage, handling and disposal of asbestos and asbestos-
52 
containing products in Philippine industry and in construction; 
53 
(e) Recommendations for the development of the framework for the identification, 
54 
management and removal of asbestos raw materials, installed products, and wastes; 
55 
(f) Recommendations for the effective dissemination of information in the education of 
56 
all concerns with regard to health hazards due to exposure to asbestos and to methods 
57 
of prevention and control; 
58 
(g) Recommendations for a national program on occupational safety and health for the 
59 
protection of workers; 
60 
(h) Recommendations for the establishment of a compliance monitoring program to 
61 
enforce the provisions of this Act; 
62 
(i) Recommendations for future asbestos-related disease research and exposure 
63 
assessment practice needs; and 
64 
(j) Recommendations for the development of a reporting mechanism on the presence of 
65 
asbestos in buildings and in construction materials. 
66 
 
67 


 
SECTION 5. Prohibition on Asbestos and Asbestos-containing Products. – The Secretary 
68 
of Health, in coordination with the member agencies of the Inter-Agency Technical Advisory 
69 
Council, shall promulgate not later than one (1) year after the date of enactment of this Act, 
70 
regulations that prohibit persons from importing, manufacturing, processing, using or 
71 
distributing in commerce asbestos-containing products; and provide for implementation of 
72 
paragraphs (b) to (j) of Section 4. Not later than two (2) years after the date of enactment of 
73 
this Act, the Secretary of Health shall also issue final regulations that, effective beginning 
74 
sixty (60) days after the date of promulgation, prohibit persons from importing, 
75 
manufacturing, processing, using or distributing in commerce asbestos and asbestos 
76 
containing-products. 
77 
 
78 
SECTION 6. Exemptions. – Any person may petition the Secretary of Health for, and the 
79 
Secretary may grant, an exemption from the requirements set forth in the preceding Section, 
80 
if the Secretary determines that the exemption would not result in an unreasonable risk of 
81 
injury to public health or the environment; and there is no alternative to the asbestos-
82 
containing product that is the subject of the petition as certified by the Secretary of Science 
83 
and Technology. 
84 
 
85 
An exemption granted under this Section shall be in effect for such period, not to exceed one 
86 
(1) year, and subject to such terms and conditions as the Secretary of Health may prescribe. 
87 
 
88 
The Secretary of Health shall provide an exemption from the requirements of Section 5, only 
89 
to the extent necessary for critical functions described in a certification provided under 
90 
subparagraph (a), if: 
91 
 
92 
(a) The exemption for an asbestos-containing product is sought by the Secretary of 
93 
National Defense and the Secretary of National Defense certifies, and provides a copy 
94 
of that certification to Congress, that the use of the asbestos-containing product is 
95 
necessary to the critical functions of the Department of National Defense; 
96 
(b) No reasonable alternatives to the asbestos-containing product exist for the intended 
97 
purpose; 
98 
(c) The use of the asbestos-containing product will not result in an unreasonable risk to 
99 
health or the environment; and 
100 
(d) The use of the product is in compliance with applicable laws and regulations. 
101 
 
102 
A certification required under subparagraph (a) shall include a description of the critical 
103 
functions, and shall identify any authorized manufacturer, importer, distributor, or contract-
104 
authorized user of the exemption on behalf of the Department of National Defense. 
105 
 
106 
A certification under this Section shall not be effective for more than three (3) years, unless 
107 
the Secretary of National Defense recertifies within three (3) years after a prior certification. 
108 
 
109 
Except as provided in the next preceding paragraph, and not later than two (2) years after the 
110 
date of enactment of this Act, each person that possesses an asbestos-containing product that 
111 


 
is subject to the prohibition established under this Section shall dispose of the asbestos-
112 
containing product, by a means that is in compliance with applicable national and local 
113 
requirements. 
114 
 
115 
Nothing in this Section applies to an asbestos-containing product that is no longer in the 
116 
stream of commerce; or is in the possession of an end user; or requires that an asbestos-
117 
containing product be removed or replaced. 
118 
 
119 
Notwithstanding the aforementioned sections, a total ban on asbestos and asbestos-containing 
120 
materials shall be in place three (3) years after the enactment of this law. 
121 
 
122 
SECTION 7. Demolition of Buildings. – Demolition of buildings containing asbestos, and 
123 
removal of asbestos from buildings in which asbestos is liable to become airborne, shall be 
124 
undertaken only by employers or demolition contractors as certified in accordance with 
125 
existing laws and regulations. 
126 
 
127 
No demolition shall be allowed without safety measures formulated by the employer or 
128 
contractor. The employer or contractor shall specify measures to be taken, including 
129 
measures to provide all necessary protection to the workers, limit the release of asbestos dust 
130 
into the air, and provide for the disposal of waste containing asbestos. Workers involved in 
131 
demolition shall be subject to regular monitoring as to exposure to asbestos. 
132 
 
133 
The disposal of waste containing asbestos shall conform to safety standards established in 
134 
accordance with this Act and shall take into account the health risks to the workers 
135 
concerned, including to the population in the vicinity of the building. 
136 
 
137 
SECTION 8. Public Education and Safety Program. – Not later than one (1) year after the 
138 
date of enactment of this Act, the Secretary of Health, in consultation with the Secretary of 
139 
Environment and Natural Resources, the Secretary of Labor and Employment, and the 
140 
Secretary of Trade and Industry, shall establish a plan and implementing programs and 
141 
activities to: 
142 
 
143 
(a) Increase awareness of the dangers posed by asbestos-containing products and 
144 
contaminants in homes and workplaces; and asbestos-related diseases; 
145 
(b) Ensure that work involving potential exposure to asbestos and asbestos-containing 
146 
products are carried out only by accredited employers or contractors and whose 
147 
workers have prior instruction or training regarding health risks and work methods; 
148 
(c) Provide information about safer asbestos substitutes, alternative technologies and 
149 
technical solutions and introduce incentives for conversion to non-asbestos products 
150 
and technologies; 
151 
(d) Provide guidelines for safe use, handling, cleaning and maintenance of protective 
152 
clothing and equipment, and management of asbestos-related health risks in work 
153 
processes; 
154 
(e) Provide and update occupational exposure limits of asbestos, e.g., establish resources 
155 


 
for determining the mineralogical form of asbestos and for measuring and monitoring 
156 
its concentration in the air, introduce practical tools for assessment and management 
157 
of the risk from potential exposure; 
158 
(f) Provide an effective system of inspection and enforcement of technical standards and 
159 
safety measures involving labor and working conditions, building maintenance and 
160 
construction, environment, public health, accreditation and standardization; 
161 
(g) Provide current and comprehensive information to asbestos-related disease patients, 
162 
family members of patients, and front-line health care providers on the dangers of 
163 
asbestos exposure; asbestos-related labeling information; health effects of exposure to 
164 
asbestos; symptoms of asbestos exposure; and available and developing treatments for 
165 
asbestos-related diseases, including clinical trials; 
166 
(h) Encourage asbestos-related disease patients, family members of patients, and frontline 
167 
health care providers to participate in research and treatment endeavors relating to 
168 
asbestos; 
169 
(i) Encourage health care providers and researchers to provide to asbestos-related disease 
170 
patients and family members of patients information relating to research, diagnostic, 
171 
and clinical treatments relating to asbestos; and 
172 
(j) Provide for the consideration of asbestos related diseases as under the category of 
173 
catastrophic illness and therefore eligible for additional compensation and / or 
174 
increased benefits under PHIC/ECC. 
175 
 
176 
In establishing the program, the Secretary of Health shall give priority to asbestos-
177 
containing products and contaminant-asbestos products used by consumers and workers 
178 
that pose the greatest risk of injury to human health. 
179 
 
180 
SECTION 9. Research on Asbestos-related Diseases; Asbestos-related Disease Registry; 
181 
Registry of Workers Exposed to Asbestos. – The Secretary of Health shall expand, intensify, 
182 
and coordinate programs for the conduct and support of research on diseases caused by 
183 
exposure to asbestos, particularly mesothelioma, asbestosis, and pleural injuries. 
184 
 
185 
Not later than one (1) year after the date of enactment of this Act, the Secretary of Health 
186 
shall establish a mechanism by which to obtain, coordinate, and provide data and specimens 
187 
from cancer registries; public and private hospitals; and entities participating in the asbestos-
188 
related disease research and treatment network in Section 10. The data and specimens 
189 
obtained shall form the basis for establishing a national clearinghouse for data and specimens 
190 
relating to asbestos-related diseases, with a particular emphasis on mesothelioma. 
191 
 
192 
A central registry of all workers exposed or potentially exposed to asbestos, including past 
193 
exposures shall be established and maintained in coordination with appropriate government 
194 
agencies. The registry shall contain information about the company, occupation, form of 
195 
asbestos, level and duration of exposure. the registry shall be accessible to the public and 
196 
labor unions. 
197 
 
198 
SECTION 10. Asbestos-related Disease Research and Treatment Network. – 
199 
 
200 
(a) For each of fiscal years 2017 through 2021, the Secretary of Health, in collaboration 
201 


 
with other applicable government agencies and instrumentalities, shall establish and 
202 
maintain an asbestos-related disease research and treatment network (hereinafter, 
203 
Network) to support the detection, prevention, treatment, and cure of asbestos-related 
204 
diseases, with particular emphasis on malignant mesothelioma. 
205 
 
206 
The Network, shall include intramural research initiatives of the Department of 
207 
Health; and at least ten (10) extramural asbestos-related disease research and 
208 
treatment centers, as selected by the Secretary of Health in accordance with the 
209 
immediately succeeding paragraph. 
210 
 
211 
(b) Extramural Asbestos-Related Disease Research and Treatment Centers. - For each 
212 
fiscal year during which the Network is operated and maintained, the Secretary of 
213 
Health shall select for inclusion in the Network not less than ten (10) nonprofit 
214 
hospitals, universities, or medical or research institutions incorporated or organized in 
215 
the Philippines that, as determined by the Secretary of Health, have exemplary 
216 
experience and qualifications in research and treatment of asbestos-related diseases; 
217 
access to an appropriate population of patients with asbestos-related diseases; and are 
218 
geographically distributed throughout the Philippines, with special consideration 
219 
given to areas of high incidence of asbestos-related diseases. 
220 
 
221 
(c) Requirements. - Each center selected under paragraph (b) above shall be chosen by 
222 
the Secretary of Health after competitive peer review; the conduct of laboratory and 
223 
clinical research, including clinical trials, relating to mechanisms for effective 
224 
therapeutic treatment of asbestos-related diseases; early detection and prevention of 
225 
asbestos-elated diseases; palliation of asbestos-related disease symptoms; and pain 
226 
management with respect to asbestos-related diseases; offer to asbestos-related 
227 
disease patients travel and lodging assistance as necessary to accommodate the 
228 
maximum number of patients practicable; and to serve a number of patients at the 
229 
center sufficient to conduct a meaningful clinical trial; coordinate the research and 
230 
treatment efforts of the center with other entities included in the Network. 
231 
 
232 
A center selected by the Secretary of Health shall be included in the Network for the 
233 
one (1) year period beginning on the date of selection of the center; or such longer 
234 
period as the Secretary of Health determines to be appropriate. 
235 
 
236 
(d) Grants. – The Secretary of Health shall provide to each center selected for inclusion 
237 
in the Network for the fiscal year a financial grant to support the detection, 
238 
prevention, treatment, and cure of asbestos-related diseases, with particular emphasis 
239 
on malignant mesothelioma. 
240 
 
241 
SECTION 11. Inter-Agency Technical Advisory Council. – 
242 
 
243 
(a) There Is hereby created an Inter-Agency Technical Advisory Council attached to the 
244 
Department of Health which shall be composed of the Secretary of Health or his or 
245 
her representative as chairperson and the following officials or their duly authorized 
246 
representatives as members: 
247 
(1) Secretary of Labor and Employment; 
248 
(2) Secretary of Environment and Natural Resources; 
249 
(3) Secretary of Trade and Industry; 
250 
(4) Secretary of Science and Technology; 
251 


 
(5) Secretary of Finance; 
252 
(6) Secretary of National Defense; 
253 
(7) Secretary of Interior and Local Government; 
254 
(8) Representative from Philippine Health Insurance Corporation (PHIC); 
255 
(9) Representative from Employees' Compensation Commission (ECC); 
256 
(10) Representative from the workers' organized sector; and 
257 
(11) Representative from the employers' sector. 
258 
 
259 
The representatives from the private sector shall be appointed by the President for a 
260 
term of three (3) years. 
261 
 
262 
(b) The Council shall have the following functions: 
263 
 
264 
(1) To assist the Department of Health in the formulation of the pertinent rules 
265 
and regulations for the effective implementation of this act; 
266 
(2) To assist the Department of Health in the preparation and conduct of the 
267 
research and reporting, the public education and safety program and other 
268 
requirements that fall within the coverage of this act; and 
269 
(3) To perform such other functions as the Secretary of Health may, from time to 
270 
time, require. 
271 
 
272 
SECTION 12. Issuance of Cease and Desist Orders by the Department. – Immediately 
273 
upon receipt of a report of violation of this Act, whether written or verbal, the Department of 
274 
Health shall conduct an ex parte examination of the evidence presented. If a prima face case 
275 
is established, a Cease and Desist Order (CDO) shall be issued by the Secretary of Health or 
276 
the DOH Regional Director, as the case may be. 
277 
 
278 
Non-compliance with the CDO shall be ground for the imposition of administrative 
279 
sanctions. The issuance of the CDO shall be without prejudice to the imposition of the 
280 
appropriate administrative sanction, if so warranted, after due notice and hearing. 
281 
 
282 
SECTION 13. Citizen Suits. – For purposes of enforcing the provisions of this Act or its 
283 
implementing rules and regulations, any citizen may file an appropriate civil, criminal, or 
284 
administrative action, including one for damages for any harm suffered as a result of a 
285 
violation of any provision of this Act, in the proper courts against: 
286 
 
287 
(a) Any person who violates or fails to comply with the provisions of this Act or its 
288 
implementing rules and regulations; 
289 
(b) Any public officer who willfully or grossly neglects the performance of an act 
290 
especially required as a duty by this Act or its implementing rules and regulations; or 
291 
abuses his authority in the performance of his duty; or, in any manner, improperly 
292 
performs his duties under this Act or Its implementing rules and regulations: 
293 
Provided, however, That no suit can be filed until after thirty (30) days from notice 
294 
given to the concerned public officer and the alleged violator or violators, and no 
295 
appropriate action has been taken thereon. 
296 
 
297 
The court shall exempt such action from the payment of filing fees, except fees for actions 
298 
not capable of pecuniary estimation, and shall, likewise, upon prima facie showing of the 
299 
non-enforcement or violation complained of, exempt the plaintiff from the filing of an 
300 
injunction bond for the issuance of a preliminary injunction. 
301 


 
 
302 
Within thirty (30) days, the court shall make a determination if the complaint filed herein is 
303 
malicious and baseless and shall accordingly dismiss the action and award attorney's fees and 
304 
damages, as it may seem appropriate. 
305 
 
306 
SECTION 14. Independence of action. – The filing of an administrative suit against any 
307 
person or entity under the preceding section does not preclude the right of any other person to 
308 
file any criminal or civil action. Such civil and/or criminal action shall proceed 
309 
independently. 
310 
 
311 
SECTION 15. Penalties. – Any violation of the provisions of this Act shall be punished with 
312 
a fine of not less than One Hundred Thousand Pesos (P100,000.00) and not more than One 
313 
Million Pesos (P1,000,000.00) or imprisonment of not less than three months and not more 
314 
than three years, or both such fine and imprisonment at the discretion of the court. In addition 
315 
to such penalty, any alien found guilty shall be summarily deported upon completion of 
316 
service of sentence. 
317 
 
318 
If the violation is committed by a corporation, trust, firm, partnership, association or any 
319 
other entity, the penalty shall be imposed upon the officer or officers directly responsible 
320 
therefore. 
321 
 
322 
SECTION 16. Appropriations. - Such sums as may be necessary for the initial 
323 
implementation of this Act shall be taken from the current appropriations of the Department 
324 
of Health. Thereafter, the fund necessary to carry out the provisions of this Act shall be 
325 
included in the annual General Appropriations Act. 
326 
 
327 
SECTION 17. Separability Clause. – If any provision of this Act shall be held 
328 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full 
329 
force and effect.  
330 
 
331 
SECTION 18. Repealing Clause. – Any law, presidential decree or issuance, executive 
332 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
333 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
334 
 
335 
SECTION 19. Effectivity. – This Act shall take effect fifteen (15) days after its publication 
336 
in the Official Gazette or in a newspaper of general circulation. 
337 
 
338 
Approved, 
339