Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL no3S'? 8

INTRODUCED BY: REP. SETH FREDERICK P. JALOSJOS

EXPLANATORY NOTE

Article II, Section 15 of the 1987 Constitution provides that, “ The State shall protect
consumers from trade malpractices and from substandard or hazardous substances”.
The constitutional injunction to protect the rights of consumers was further
strengthened under R.A. No. 7394, otherwise known as the Consumers Act of the
Philippines, “To protect the interest of the consumers, promote their general welfare, as
well as establish standards of conduct for business and industry.

In 2003, R.A. No. 9236, also known as “The National Metrology Act of 2003 was
enacted in furtherance of the above stated state policies. This proposed legislation
builds on the objectives set forth under R.A, 9236, which provides, among others, that
the State shall provide support to Research and Development (R&D) in Metrology
covering the environment and climate change, public health, and safety, transportation
Information Communication Technology (ICT), Biotechnology/Genomics, Materials
Science, Nanotechnology, Photonics, Metrology in Chemistry, Space Technology
applications and other emerging and enabling technologies. This bill endeavors to
facilitate progress in the national economy by encouraging the standardization and
modernization of units and standards of measurements to adapt to the needs of times.
It seeks to encourage the adoption of international best practices in measurements in
response to future developments and requirements,

This bill supports the harmonization of national metrological standards with international
standards, mutual recognition arrangements and statistical controls as envision in the
ASEAN economic integration, the World Trade Organization (WTO) and international


agreements and covenants resulting to globally competitive and quality products and
services that conforms with national standards. In addition this bill will accord greater
consumer protection, transparency and confidence in measurements

The early passage of this important piece of legislation will further boost global
competitiveness of Philippine products and services.

eae
SETH FREDERICK P. JALOSJOS


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventh Congress
First Regular Session

HOUSE BILL noBS'? 8

Introduced by: HONORABLE SETH FREDERCIK P. JALOSJOS

AN ACT STRENGTHENING THE NATIONAL MEASUREMENT INFRASTRUCTURE SYSTEM (NMIS)
AMENDING FOR THE PURPOSE R.A, 9236 KNOWN AS THE NATIONAL METROLOGY ACT OF 2003 AND
FOR OTHER PUSPOSES,

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 “ ENHANCED MEASUREMENT
INFRASTRUCTURE SYSTEM (NMIS) ACT OF 2014;

Section 2, Declaration of Policy.- The State shall support the harmonization of national metrological
standards with international standards, mutual recognition arrangements and statistical controls as
envisioned in the ASEAN Economic Integration and international agreements and covenants. In
pursuance of this policy, the State shall promote the modernization of units and standards of
measurements in the areas of environment and climate change, public health and_ safety,
transportation, information and communications and other emerging and enabling technologies.

Section 3. Objectives. This law builds on Republic Act 9236 also known as the “National Metrology Act
of 2003.” In furtherance of the policies enunciated in R.A. 9236 and this Act, the following objectives
shall be pursued:

‘a. Establish the National Metrology Institute (NMI) under the Department of Science and
Technology.

b. Provide capacity building programs through competency training to strengthen the local
metrology authorities at the local level.


c

Set up a Metrology Training Program to undertake proficiency testing, advocacy, education and
training on metrology.

Section 4. Scope.- This law shall have a national application and shall cover all agencies institutions,
private entities performing metrological activities and processes.

Section 5. Definition of Terms.- Section 3 of R.A. 923 is hereby expanded to include the following:

Emerging or enabling technologies;

Stakeholders-as used in this Act shall refer to;

Mutual Recognition Arrangement (MRA)- is an arrangement among countries designed to
facilitate the freer movement and employment of qualified and certified personnel between
countries;

Mutual Acceptance Arrangement (MAA)- is a tool to increase the level of mutual confidence
provided by the OIML. Basic Certificate System. Its purpose is to establish a worldwide
multilateral arrangement which offers a wider scope than bilateral or regional arrangements,
Within the OIML MAA, confidence in test and examination results is reinforced by a formal and
mandatory peer evaluation process;

Type or Pattern Approval on Measuring Instruments as defined in RA. 9236- shall refer to
conformity assessment procedure on one or more specimens of an identified type (pattern) of
measuring instruments which results in an evaluation report and/or evaluation certificates.
‘Accreditation-Third party attestation related to a conformity assessment body conveying formal
demonstration of its competence to carry out specific conformity assessment tasks;

Local Metrology Authority (LMA)- The metrology authority is responsible in the implementation
of legal metrological controls at the local level (LGU’s);

DOST Research and Development Institutes (RDI’s)-DOST regular agencies concerned with basic
and applied researches on various S&qT fields;

DOST Science and Technology Service Institutes- DOST regular agencies providing science and

technology-related services;
DOST Regional Offices-serve as focal points for the planning and implementing of S&T programs:
and projects in their respective regions in consonance with the national S&T plan. They provide:
local S&T services to the local populace and coordinate with other government agencies and
other stakeholders on S&T matters

Section 6, Organizational Structure. For the purpose of strengthening the NMIS and to attain
harmonization of metrology standards consistent with the ASEAN and other recognized international
standards, the National Metrology Institute (NMI) is hereby created and shall be placed directly under
the NMB, The NMI shall be headed by an Executive Director, and under the policy, technical,
administrative supervision and control of the DOST.


The NMI, in coordination with the Department of Budget and Management (DBM), shall determine the
appropriate administrative support complement necessary for the effective and efficient operations of
the Institute,

Section 7. Functions of the National Metrology Institute (NMI)- The NMI shall discharge its duties and
functions:

a, Establishing and maintain the national physical standards for basic and derived quantitites;

b. Define the requirements for the appointment of private bodies to perform legal Metrology
services;

Harmonize qualifications of stakeholders for licensing of verifiers;
‘Adopt the Mutual Recognition Arrangement (MRA) and statistical control;
Broaden Type or Pattern Approval to allow acceptance of Mutual Acceptance Arrangement
(MAA);

f. Formulate mechanisms for initial statistical validation of utility meters from manufacturers and
subsequent statistical in-service inspection of utility meters;

g. Enforce the use of OIML technical requirement and regulations as well as alignment with
international traceability and conformity standards;

h. Provide for the creation of a multi-disciplinary technical/policy groups or ad hoc committees or
mechanisms necessary for industry/stakeholders coordination, consultation, and policy advice;

i. Provide administrative support to the National Metrology Board and set up proper coordination,
reporting and feedback to the NMB regularly;

J. Establish cooperation or linkages on Metrology at the national and international levels;

k, Ensure the effective and efficient operations of the NMI in carrying out the above functions and

responsibilities.

Section 8, Strengthening the National Metrology Board.- The National Metrology Board under Section
5 of R.A. 9236, shall be strengthen to include the Secretary/Chairman or the duly authorized
representative of the following agencies/offices:

a, Department of Energy (DOE)

b, Department of Public Works and Highways (DPWH)

©. Department of National Defence (OND)

d. Committees on Science and Technology, Senate and the House of Representatives

Section 9. The Role of the Department of Trade and Industry (DTI).- Pursuant to Article 61-65. Chapter
ll. R.A. 7394 otherwise known as the “Consumer Code of the Philippines” and to ensure consumer
protection and safety fo? inaccurate and false measurements of consumers products, goods and
services, the DTI, through their regional and provincial offices shall coordinate and monitor the
implementation of the national metrological policy at the local level. As such, the OTI may designate
Local Government Units (LGU's) composed of cities and municipalities as Local Metrology Authority
(LMA). The LMA shall be tasked to perform the following functions:


Implement the national metrology policy at the local level;

Enforce the legal metrology regulations at the local level;

Set-up Weights and Measures Office;

Conduct registration of measuring instruments for commercial applications;

Conduct surveillance, inspections and verifications on the sale of pre-package products and
instruments by designated/authorized/accredited bodies and/or private organizations;

f. Issue certification for measuring instruments that are verified to be correct and ready for
commercial applications.

Section 10, Labelling.- Section 10 of R.A. 9236 is hereby amended to include non-conformity to pre-
package products requirements.

Section 11.- Verification of Quantity in Pre-Package Products.- In accordance with International
Requirements for Pre-Packaged Products, the requirements for labelling and verification of quantity in
pre-packaged products is hereby included.

Labelling requirement, procedures and regulations as defined and formulated in accordance with there
recognized International Metrology Standards such as, but not limited to, OIML R79 and ASEAN
Common Requirements on Pre-Packaged Products shall be formulated in the Implementing Rules and
Regulations of this Act.

Section 12.- Market Surveillance of the Use of Measuring Instruments and Pre-Packaged Products.
The appropriate governments agencies or their accredited private laboratories shall undertake
metrological surveillance for measuring instruments and pre-packaged products. For this purpose,
‘measuring instruments and pre-packaged products intended to be placed on the market and/or put into
service for the first time, shall be consistent with conformity assessment system requirements.

Section 13, Laboratories and Procedures.- Section 11 of R.A. 9236 is hereby amended to include the
following, MNI,LMA‘s, accredited laboratories, manufacturers and other entities accredited under the
national accreditation body, as defined under Section 13 and 14 of R.A. 9236,

Section 14, Mutual Recognition Arrangement (MRA).- The MRA among countries designed to facilitate
the freer movement of certified products and services among countries for Type Approval Procedures
and Conformity Assessment shall be formulated under the Implementation of Rules and Regulation (IRR)
of this Act,

Section 15, Accrediting Body.- Section 13 of R.A. 9236 is hereby amended to include the Department of
Public Works and Highways (DPWH).


Section 16, Public Information/Education and Advocacy.- A National Metrology Training Program shall
be pursued to undertake information dissemination, education and training on Metrology.

The Research and Development Institutes, Service Institutes and Regional Offices of the Department of
Science and Technology (DOST) and the Public Information Agency (PIA), in collaboration with other
concerned government agencies and Non-Government Organizations shall conduct information,
education and advocacy to promote Metrology.

Section 17, Penalties. The penalties provided under Section 17 of R.A, 9236 shall be subject to review
every five (5) years following affectivity of this Act and amended accordingly.

Section 18. Appropriations. The second paragraph of Section 18 of R.A. 9236 is hereby amended as
follows:

All fees/income generated from metrological services shall be used by the Board, NMI, DOST Research
and Development Institutes (RDI's), Service institutes and Regional Offices, and other government
offices involved in metrology activities, to augment its funds for the regular maintenance and upkeep of
metrology instruments and needed services.

Section 19. Transitory Provisions.- The ITD! shall formulate a transitory implementation plan in tis IRR,
for the phasing in/transfer of Metrology Division to the NMI created under this Act, including a schedule
for the application of enforcement of the policies and regulations provided under this Act.

The National Metrology Laboratory Philippines, a division under ITDI responsible for establishing and
maintaining the national physical standards for basic and derived quantities (mass, length, temperature,
time interval, voltage and resistance and other related metrology services) are hereby transferred to
NMI, Thereafter, all powers, functions, duties, records, files and assets including plantilla positions of the
NML shall be transferred to NMI

There shall be no diminution of rank and salaries, allowances and benefits between transferred
‘employees, new employees of NMI shall be entitled to the same allowances and benefits as transferred
employees.

Section 20, Implementing Rules and Regulations (IRR). ~ The DOST with other concerned government
departments, agencies and representatives mentioned in Section 5 hereof shall within ninety (90) days
from the effectivity of this Act issued the necessary implementing rules and regulations of this Act.

Section 21. Separability Clause.- if or any reason, any provision of this Act is declared unconstitutional,
the other sections of provisions hereof which are not hereby affected shall continue to be in full force
and effect,


Section 22, Repealing clause.- All laws, decrees, orders, rules and regulations or portions therof
inconsistent with this Act are hereby repealed or modified accordingly.

Section 23.- Effectivity.- This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulations, whichever comes earlier,

APPROVED.