Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress
Second Regular Session

HOUSE BILL No. 2954

Introduced By Representatives JORGE “PATROL” BUSTOS, NARCISO R.
BRAVO JR., RAUL "BOBOY" C. TUPAS, MICHAEL T. DEFENSOR, PRESLEY
C. DE JESUS, JERICHO JONAS B. NOGRALES and MICHAEL L. ROMERO

EXPLANATORY NOTE

In keeping with President Rodrigo Duterte’s goal of a citizenry that are
strongly-connected, comfortable and secured, all programs and activities of all
departments of government: the executive, the legislative and judiciary, should be
geared towards its achievement. One of our country’s aspirations is SECURITY,
whether physical, financial, social, cultural or religious. Security is a value that
guarantees life-long development and progress. Thus, it is clear that we value
everyone’s safety and being a disaster-prone country, we have always shown the
world how resilient we have been in the face of danger and calamities. We have
always proven that nothing is insurmountable, and we continue to rise above all the
adversities of life.

Which brings us to the role of the legislature in the enactment of rules and
laws that shall guarantee people’s safety and security, as we now zoom in the need
to adopt and comply with treatises and conventions, especially when the principles
provided therein are universally accepted values and should be consistently
incorporated in all our pursuits and actions. Our role in ensuring the enactment of
local laws to comply with international agreements has never been this relevant as
much as any other time in our history, when everything is fast evolving and
changing. Chemicals, as we all know, can be used to help, cure and create many
good possibilities for all peoples; however, it can also be abused, used in the


perpetration of crimes, and destroy, as we have seen in recent catastrophes around
the world. As members of the legislature, it is our duty and responsibility to ensure
our commitment towards the enactment of laws that are adoptive to existing
treatises, at the same time should provide outmost flexibility in adjusting to current
trends and challenges, including our diversity in terms of culture and way of life,
without sacrificing transparency and compliance with other existing laws.

As a signatory to the Chemical Weapons Convention (CWC), the
Philippines has engaged all departments of its government, from the executive to
the legislative, to the judiciary in the active implementation of some of the
provisions of the CWC, particularly as follows:

(a) Enactment of Executive Order 39, designating the Anti-Terrorism Council
(ATC) under the Office of the President, as the Philippine National
Authority on Chemical Weapons Convention (PNA-CWC) to be headed by
no less than the Executive Secretary as Chairperson of the ATC;

(b) Enactment of Republic Act Nos. 6969 or the “Toxic Substances and
Hazardous and Nuclear Wastes Control Act of 1990,” 9372 or “Human
Security Act of 2007,” and 10697, or “Strategic Trade Management Act of
2015”, which all tackles the occurrence of chemical weapons either as a
terrorist act or as traded goods;

(c) Active participation of the Philippines in the Conference of State Parties and
membership in the Executive Council and Scientific Advisory Board of the
OPCW, and also the attendance of Filipino experts in OPCW-funded and
organized trainings; and

(d) Regular and timely compliance and payment of assessed contributions to
the OPCW.

However, at this juncture, the Philippines has not yet fully adopted measures
that will wholly comply with the CWC. We personally commit ourselves towards
the realization of this collective aspiration to enact a substantive, comprehensive,
and an omnibus law that will make us fully realize our responsibilities under the
CWC, which is to protect our people and aspire to eliminate all chemical weapons
and abuses involved in the use of chemicals. This bill, a collective effort of the
Anti-terrorism Council (ATC) and various governmental agencies in charge of the


country’s defense and security, including our Armed Forces of the Philippines,
Philippine National Police and Bureau of Fire Protection, among others, seeks to

consolidate all current laws we have in compliance with the CWC, to include those
which are substantively required under the treaty.

The immediate passage of this bill is earnestly sought.

JORGE “PATROL” BUSTOS man jO R. BRAY ‘OR.
Party List - PATROL District Representative

Masbate, Ist District

RAUL "BOB! Cc. TUPAS MICHAEL ¥. DEFENSOR
District Representative Party List -
Tloilo, Sth District

JERICHO JONAS B. Nyc Ve C. DE JESUS
Ahigece

Party List - PBA’ Party List - PHILRECA

vic Mer
ICHAEL L. ROMERO

/ Party List IPACMAN

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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress

Second Regular Session

HOUSE BILL no8 954

Introduced By Representatives JORGE “PATROL” BUSTOS, NARCISO R.
BRAVO JR., RAUL "BOBOY" C. TUPAS, MICHAEL T. DEFENSOR, PRESLEY
C. DE JESUS, JERICHO JONAS B. NOGRALES and MICHAEL L. ROMERO

AN ACT
PROHIBITING THE DEVELOPMENT OF, PRODUCTION, STOCKPILING,
USE OF CHEMICAL WEAPONS AND PROVIDING FOR THEIR
DESTRUCTION AND PROVIDING PENALTIES THEREFOR AND FOR
OTHER PURPOSES.

Be it enacted in the Senate and House of Representatives of the Philippines in
Congress assembled:
CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Chemical
Weapons Act of 2020”.

SECTION 2. Declaration of Principles. — The State, consistent with national
interest, adopts and pursues a policy of freedom from chemical weapons in its
territory, of protection of all human beings and the global environment from

the effects of chemical weapons, and hereby conforms with its obligations


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under the Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their destruction, otherwise
known as the Chemical Weapons Convention (hereinafter referred to as

Convention), to which the Philippines is a State Party.

Towards this end the State shall not, under any circumstance, develop,
produce, manufacture, acquire, possess, stockpile, retain, or use chemical weapons,
or engage in any other activities prohibited under the Convention, and shall prohibit
all persons from developing, producing, manufacturing, acquiring, possessing,
stockpiling, retaining, or using chemical weapons or engaging in any other activities

prohibited under the Convention.

SECTION 3. Definition of Terms. — For the purpose of this Act, the following

terms are hereby defined.

a) Chemical Weapon means the following, together or separately:

(i) Toxic chemicals and their precursors, except where intended for
purposes not prohibited under the Convention, as long as the types and

quantities are consistent with such purposes;

(ii) Munitions and devices, specifically designed to cause death or other
harm through the toxic properties of those toxic chemicals specified in
subparagraph (i), which would be released as a result of the employment

of such munitions and devices; and

(ii) Any equipment specifically designed for use directly in
connection with the employment of munitions and devices specified in

subparagraph (ii).


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b) Discrete Organic Chemicals means any chemical belonging to the class of
chemical compounds consisting of all compounds of carbon except for its

oxides, sulphides and metal carbonates.

c) Key component of Binary or Multi-component Chemical Systems means the
precursor which plays the most important role in determining the toxic
properties of the final product and reacts rapidly with other chemicals in the

binary or multi-component system.

d) Facility means any industrial site of any production unit or process unit
(“unit”) which is the combination of items of equipment, including vessels and
vessel set up, necessary for the production, processing or consumption of a

chemical.

(i) "Production" of a chemical is defined as its formation through chemical
reaction. For scheduled chemicals “production” should be understood to
include the production of a scheduled chemical (i.e. a Schedule 1,
Schedule 2 or Schedule 3 chemical) by a biochemical or biologically

mediated reaction.

(ii)"Processing" of a chemical is defined as a physical process, such as
formulation, extraction and purification, in which a chemical is not

converted into another chemical.

(iii) "Consumption" of a chemical is defined as its conversion into

another chemical via a chemical reaction.


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e) OPCW refers to Organization for the Prohibition of Chemical Weapons.

f) Person means, except as otherwise provided, any individual, corporation,
partnership, firm, association, trust, estate, public or private institution, or any
political entity, any foreign government or nation or any agency,
instrumentality or political subdivision of any such government or nation, or

other entity located in the Philippines.

g) Precursors mean any chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical. These include any key
component of a binary or multi-component chemical system. Precursors which
have been identified for the application of verification measures by the OPCW
are listed in the Schedules contained in the Annex on Chemicals to the

Convention.

h) Purposes not prohibited means:

(i) Industrial, agricultural, research, medical, pharmaceutical, or other

peaceful purposes;

(ii) Protective purposes, namely those purposes directly related to
protection against toxic chemicals and to protection against chemical

weapons;


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ii) Military purposes not connected with the use of chemical
weapons and not dependent on the use of the toxic properties of
chemicals as a method of warfare;

(iv) The use of non-lethal weapons, other than those prohibited
under this Act and the Convention, for the maintenance of public

security and order:

(a) By the law enforcement authorities;

(b) By the Armed Forces of the Philippines when taking
measures to suppress insurgency and other serious threats to
national security, and where the use thereof is most appropriate

than the use of deadly force; and

(c) By the Armed Forces of the Philippines within the
framework of a system of mutual collective security, and training

for its use.

i) Riot control agents means any chemical not listed in Schedule 1, Schedule 2 or
Schedule 3 of the Annex on Chemicals to the Convention which can produce
rapidly in humans, sensory irritation or disabling physical effects which

disappear within a short time following termination of exposure.

j) Scheduled chemicals means those chemicals listed in Schedule 1, Schedule 2

and Schedule 3, respectively, of the Annex on Chemicals to the Convention.


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k) Toxic chemical means any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or permanent harm to

humans or animals.

This definition includes all such chemicals therein, regardless of their origin or
of their method of production, and regardless of whether they are produced in

facilities, in munitions or elsewhere.

Toxic chemicals which have been identified for the application of verification
measures by the OPCW are listed in Schedules contained in the Annex on Chemicals
to the Convention. Unless the contrary intention appears, an expression or term that is
used both in this Act and in the Convention but is not defined in this Chapter shall

have, in this Act, the same meaning provided in the Convention.

1) Verification Annex means the Annex on Implementation and Verification to

the Convention.

SECTION 4. National Authority — The Anti-Terrorism Council (ATC) is
hereby designated as the Philippine National Authority on Chemical Weapons
Convention, hereinafter referred to as PNA-CWC, to be headed by the
Executive Secretary as Chairperson of the ATC.

The Anti-Terrorism Council — Program Management Center (ATC-PMC) shall
act as the Secretariat and Implementing Arm of the PNA-CWC.

SECTION 5. The PNA-CWC shall have the following duties and functions:


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a) Liaise with the OPCW and other State Parties on matters relating to the

Convention;

b) Maintain communication with the Philippine Permanent Representative to
OPWC on matters of foreign policy to ensure that it is consistent with

country position;

c) Prepare and submit annual declarations to the OPCW on scheduled

chemicals and facilities;

d) Develop rules and regulations and formulate policies concerning the
production, processing, consumption, importation, exportation, use and
proper disposition of scheduled chemicals and facilities, and other chemical

production facilities (Chemicals not in the Schedule);

e) Designate and specify the required training and the functions of national

inspectors, who shall report to the PNA-CWC;

f) Conduct and facilitate national inspections, as well as international
inspections by the OPCW inspectors, of sites involving scheduled

chemicals or other chemical production facilities;

g) Cause or direct the investigation and prosecution of violators of laws
concerning chemical weapons, or the handling of toxic chemicals in

violation of this Act; and


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h) Perform such other functions to effectively implement the provisions of the

Convention.

The PNA-CWC is hereby empowered to compel, as may be necessary,
assistance and support from all departments, bureaus, offices, agencies, or
instrumentalities, of the government, including government owned and/or controlled
corporations and other government institutions to effectively perform its duties and

functions under this Act.

The PNA-CWC shall also have the power to periodically update the scheduled
chemicals listed in Schedule 1, Schedule 2 and Schedule 3 of the Annex on
Chemicals to the CWC upon the request or advise of the OPCW, such updates shall
be in the form of formal resolutions of the PNA-CWC to be published in the Official
Gazette or two (2) newspaper of general circulation in the country before taking

effect.

CHAPTER II
PROHIBITIONS

SECTION 6. Prohibitions.
The following acts are prohibited under this Act:

(a)Develop, produce, acquire, stockpile, use, or retain any chemical

‘weapons;

(b) Assist and encourage or induce in any way, a person, to engage in

activities prohibited under the Convention;


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(c) Engage in military preparations to use a chemical weapon;

(d) Use a riot control agent as a method of warfare;

(©) Produce, acquire, retain, or use, Schedule 1 chemicals in outside the
Philippines except to a person in another State Party to the Convention

or for research, medical, pharmaceutical or protective purposes;

Nothing in this Act shall be construed to prohibit the Armed Forces of the
Philippines from using non-lethal and lethal weapons other than those prohibited in
this Act, in the conduct of combat operations for the suspension of insurgency and
other serious threats to national security where the use of such non-lethal and lethal

weapons is deemed most appropriate than use of deadly force.

CHAPTER III
PENALTIES

SECTION 7. Penalties. — (a) Any person who commits any of the prohibited
acts under Section 6 shall suffer the penalty of imprisonment for a period
between twelve (12) years and one day to life imprisonment, and a fine of Two
million pesos (P2,000,000.00) to Five million pesos (P5,000,000.00).

(b) Any person who produces, acquires, retains, or uses Schedule 1 chemicals
shall suffer the penalty of imprisonment of six (6) years and one day to twelve (12)
years and/or a fine of One million pesos (P1,000,000.00) to Two million pesos
(P2,000,000.00).


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(c) Any person who produces, acquires, retains, or uses Schedule I chemicals
for purposes other than for research, medical, pharmaceutical or protective purposes,
or contravenes paragraph (1), shall suffer the penalty of imprisonment for a period of
not less than six (6) years and one day to twelve (12) years and/or a fine of One
million pesos (P1,000,000.00) to Two million pesos (P2,000,000.00).

(d) Any person who produces, processes or consumes Schedule 2 or 3
chemicals or unscheduled discrete organic chemicals for purposes other than those
not prohibited under this Act, or without a registration with the PNA-CWC or the
agency/ies to which the PNA-CWC has delegate the function, shall suffer the penalty
of imprisonment of four years and one day to six (6) years and/or a fine of Five
hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00).

(© Any person who imports or exports Schedule 2 chemicals or Schedule 3
chemicals, without registration with the Strategic Trade Management Office shall be
dealt with in accordance with R.A. 10697 otherwise known as the “Strategic Trade

Management Act of 2015”

(f) Notwithstanding subsections (1) and (2) of Section 11, any person who
obstructs, hinders, resists, or deceives any national inspector or international
inspector who is exercising any function contemplated, or any power provided for, in
the regulations issued further to Section 11, in the Convention or any applicable
facility agreement, shall be punished by imprisonment for a period of four (4) years
and one day to six (6) years, and/or a fine of Five hundred thousand pesos
(500,000.00) to One million pesos (P 1,000,000.00). In addition, the facility in

question shall be subject to closure.

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(g) Any person who violates Section 12 shall suffer the penalty of
imprisonment for four (4) years and one day to six (6) years, and/or a fine of Five
hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00).

(h) Any person who as the case may be, produces, processes or consumes
Schedule 2 or 3 chemicals or unscheduled discrete organic chemicals for a purpose
other than purposes not prohibited under the Chemical Weapons Convention, or
contravenes paragraphs (2) or (3) shall suffer the penalty of imprisonment of not less
than two (2) years to twenty (20) years and/or a fine of Fifty thousand pesos
(P50,000.00) to Five million pesos (P5,000,000.00).

(i) Any person who refuses or fails to notify the PNA-CWC pursuant to the
provisions of Section 10 shall suffer the penalty of imprisonment of one (1) year and
one day to two (2) years and/or a fine of Five hundred thousand pesos (P500,000.00)

(j) Any person who fails to give the required additional information or keep
records pursuant to Section 10 shall suffer the penalty of imprisonment of six (6)
months and one day to one (1) year and/or a fine of One hundred thousand pesos
(P100,000.00).

(k) Any person who, in any document prepared pursuant to Section 10 of this
Act, makes a statement or omits any matter knowing that the statement or omission
makes the document false and misleading in a material particular shall, after hearing
and due proceedings, suffer the penalty of six (6) months and one day to one (1) year

and/or a fine of One hundred thousand pesos (P100,000.00).

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In case any of the violation of this Act is committed by a partnership,
corporation, association, or any other juridical entity, the partner, president, director,
manager, trustee, administrator, or officer who consents to, or knowingly tolerates

such violation shall be held criminally liable.

The registration with the SEC or DTI, as the case may be, and license to
operate of the partnership, corporation, association or any other juridical entity, shall

be cancelled and revoked permanently.

In addition to the penalties prescribed in this Act, any alien who violates such
provision shall, after service of sentence, be deported immediately without further

proceedings, and be barred permanently from entering the country.

The maximum penalty provided in this Act shall be imposed in addition to
absolute perpetual disqualification from any public office, to any government official

or employee found guilty for the commission of any of the offenses under this Act.

Persons who conspire to commit any of the prohibited acts under Section 6

hereof shall be punished by the same penalty prescribed for herein.

There is a conspiracy when two or more persons come to an agreement
concerning the commission of any of the offenses under this Act and decide to

commit the same.

SECTION 8. Forfeiture and Destruction. — If any chemical weapon is found
anywhere on the territory or in any other place under the jurisdiction of the

Philippines, the warehouse or the place where the chemical weapons is being

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stored, the chemical weapons, as well as the fruits and proceeds and such other
instrument related thereto shall be forfeited in favor of the national government
through the PNA-CWC and shall be destroyed or disposed in accordance with

existing environmental regulations or related applicable laws.

SECTION 9. Extra-Territorial Application. - The provisions of this Act shall
apply to all persons within or outside the Philippines and persons on board
vessels and aircraft registered in, belonging to, or in possession of the

Philippines, if any of the prohibited act is committed —

(a) By or against a Philippine citizen;

(6) Against any property owned, leased, or used by the Philippines or by
any of its departments, agencies, or instrumentalities;

(©) By a partnership, corporation, association or any juridical person, which

is owned and/or controlled by one or more Philippine citizen.

CHAPTER IV
DECLARATION, VERIFICATION & INSPECTION

SECTION 10. Declarations. — Information may be acquired by the PNA-CWC

under this Section only to ensure that:

i. Toxic chemicals and their precursors are only developed,
produced, otherwise acquired, retained, or used for purposes not

prohibited under the Convention, and

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ii, The PNA-CWC has knowledge of dealing with chemicals that
facilitated the making of the Philippines annual declaration under
the Convention to the OPCW, and

iii. The Philippines is otherwise able to fulfil its obligation under the

Convention.

Supply of information. — Any person who, as the case may be, developed,

produced, or otherwise acquired , processed, consumed, retained, r used toxic

chemical

Is, or their prosecutors, to which any provision in Parts VI through IX

of the Verification Annex of the Convention applies, or who intends to carry

out such

iii.

activities, shall:

Notify the chemicals and, as the case may be, the facility or plant
site to the PNA-CWC, within such period as prescribed by the
PNA-CWC, by giving written notice in a form approved by the
PNA-CWC and issued under the regulations further to this Act,

containing such information as is required by the form; and

Keep records in relation to the chemicals and facility or plant site,

and the purpose to which the chemicals are put; and

Prepare, from these records, annual reports relating to the
chemicals and the facility or plant site in a form approved by the
PNA-CWC and issued under the regulations issued further this
Act; and

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iv. Send annual reports to the PNA-CWC at intervals specified in the
regulations issued further to this Act.

The records and reports under subparagraph 2(a) (i)-(iv) must be sufficient to satisfy
the PNA-CWC that the convention and the provisions of this Act and any regulations

made under this Act are being complied with.

SECTION 11. Verification and Inspection.

(1) The PNA-CWC shall issue regulations to facilitate compliance with the Annex

on Implementation and Verification to the Chemical Weapons Convention.

(2)Persons covered by the provisions of this Act and their personnel have the duty
to facilitate OPCW inspections and to cooperate with the international
inspectors and the escort team in complying with their duties and efficiently

carrying out the international inspection.

SECTION 12. Protection of Confidential Information. - Any confidential
information that is given or obtained pursuant to this Act shall be disclosed
only for the purpose of complying with obligations under the Convention, the

enforcement of this Act, or dealing with an emergency involving public safety.

CHAPTER V
MISCELLANEOUS PROVISIONS

SECTION 13. International Cooperation and Assistance. —

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(a)The PNA-CWC may collaborate with other State authorities and
international organizations and entities and coordinate their actions to
the extent required by the implementation of this Act or of the
equivalent statute(s), subject to other State authorities or international

organizations or entities being bound to official secrecy.

(b) The PNA-CWC may request other State authorities and international
organizations or entities, under paragraph (1) to provide relevant data or
information. The PNA-CWC is authorized to receive data or information

concerning:

(i) The nature, quantity, and utilization of scheduled chemicals
or their precursors and related technologies, and the places of
consignment and consignees for such scheduled chemicals,

precursors, or related technologies; or

(ii) Persons taking part in the production, delivery, or
brokerage of the scheduled chemicals, precursors, technologies in

subparagraph (a).

(c) If State has entered into the appropriate reciprocity agreement with the
Philippines, the PNA-CWC may provide, on their own initiative or on
request, the data or information described in paragraph (2) to that State
so long as the other competent State authority provides assurances that

such date or information shall:

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(0) Only be utilized for purposes consistent with this Act; and

(ii) Be used in criminal proceedings on the condition that they
are obtained in accordance with those provisions governing

international juridical cooperation.

(d) The PNA-CWC may provide data or information described in
paragraph (2) to international organizations or entities if the conditions
set forth in paragraph (3) are fulfilled, in which case the requirement for

reciprocity agreement is waived.

CHAPTER VI
FINAL PROVISION

SECTION 14. Supplemental Application of the Revised Penal Code and Other
Laws. — The provisions of the Revised Penal Code, Human Security Act,
Strategic Trade Management Act and other laws shall have supplemental

application to the provisions of this Act.

Jurisdiction. — Any of the Regional Trial Courts where any of the elements of
the offense has been committed have jurisdiction over all cases of violations of
this Act and application for ancillary writs and processes of search warrant,
seizure and forfeiture; Provided, that the first court that acquires jurisdiction
shall exercise the same to the exclusion of all other courts unless the Supreme

Court authorizes the transfer of venue.

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SECTION 15. Implementing Rules and Regulations. — Within six (6) months
from the effectivity of this Act, the PNA-CWC, in close coordination with the
chemical industry, and supporting agencies shall issue the rules and regulations
to ensure the efficient and effective implementation of the provisions of this
Act.

SECTION 16. Appropriations. — Such amount necessary for the implementation
of the provisions of this Act shall be included in the annual General

Appropriations Act.

SECTION 17. Separability Clause. — If any provision or portion of this Act or
the application thereof to any person or circumstance is declared to be
unconstitutional or invalid, the other provisions or portions of this Act, and the
application of such provision or portion, to other persons or circumstances,
shall not be affected thereby.

SECTION 18. Repealing Clause. — All laws, decrees, executive orders, rules or
regulations or parts thereof, inconsistent with the provisions of this Act, are
hereby repealed, amended or modified accordingly.

SECTION 19. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general

circulation.

Approved,

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