Republic of the Philippines ey
HOUSE OF REPRESENTATIVES negeeD w
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 423°

Introduced by Representatives John Marvin “yul Servo” C. Nieto, Edward
Vera Perez Maceda, Dale “Along” R. Malapitan, Eric M. Martinez, and
Rolando M. Valeriano

EXPLANATORY NOTE

This proposed legislation builds on Republic Act No. 9236, also known as the
“National Metrology Act of 2003”.

In line with the policies forwarded in RA 9236, this piece of legislation aims
to establish the National Metrology Institute (NMI) under the Department of
Science and Technology. The NMI will be tasked to provide capacity building
programs through competency training, to strengthen the local metrology
authorities at the local level, and to foster a metrology culture that will instill a
keen appreciation of the importance of metrology.

This bill supports the harmonization of national metrological standards with
international standards, mutual recognition arrangements and statistical controls
as envisioned 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 international
standards. In addition, this bill will accord greater consumer protection,
transparency, and confidence in measurements.

The immediate passage of this important piece of legislation will boost global
competitiveness of Philippine products and services and will also lead towards the
further development of our nation.


In view of the foregoing considerations, immediate approval of this measure

is sought.

John jin “Yul Servo” C. Nieto

Yuerd Yaad eM. Martinez
Edward Vera Perez Maceda rad ) laps
Rol . Valeriano

var Tepe


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. __ 4239

Introduced by Representatives John Marvin “Yul Servo” C. Nieto,
Edward Vera Perez Maceda, Dale “Along” R. Malapitan, Eric M.
Martinez, and Rolando M. Valeriano

AN ACT
STRENGTHENING THE NATIONAL MEASUREMENT INFRASTRUCTURE
SYSTEM (NMIS) AMENDING RA 9236 ALSO KNOWN AS THE NATIONAL
METROLOGY ACT OF 2003 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 and cited as the “Enhanced
National Measurement Infrastructure System (NMIS) Act of 2019”;

SECTION 2. Declaration of Policies. - 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, World Trade Organization (WTO) and
international agreements and covenants resulting to globally competitive and
quality products and services.

In addition to Section 2 of R.A. 9236, the State shall provide support to
the research and development of metrology covering the fields of environment
and climate change, public health and safety, transportation, information and
communication, Biotechnology / Genomics, Material Science, Nanotechnology,
Photonics, Metrology in Chemistry, Space technology applications and other
emerging and enabling technologies; encourage the adoption of international
best practices in measurement and quality infrastructures for maximum
national benefit; and accord greater consumer protection, transparency and
confidence in measurements in response to future developments and

requirements.

SECTION 3. Objectives. - This law builds on Republic Act No 9236
also known as the “National Metrology Act of 2003.” In furtherance of the
policies enunciated in RA 9236 and this Act, the following objectives shall be

nurctiad:


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 metrology authorities at the local level;

c. Foster a metrology culture that will instill a keen appreciation of
metrology as a discipline.

SECTION 4. Scope. - This law shall have national application and shall
cover all agencies, institutions, entities involved in metrological activities and

processes.

SECTION 5. Definition of Terms.- Section 3 of RA 9236 is hereby
expanded to include the following:

a. Accreditation - third party attestation related to a conformity
assessment body conveying formal demonstration of its competence to
carry out specific conformity assessment tasks

The national accreditation system, in general, is a voluntary system

which establishes the competence and impartiality of:

* calibration laboratories to perform traceable calibrations and
measurements,

e testing laboratories,

e inspection bodies, and

° Certification bodies which perform product certification, quality
systems certification or certification of personnel.

b. Conformity Assessment - demonstration that specified requirements
relating to a product, process, system, person or body are fulfilled.

c. DOST Regional Offices - serve as focal points for the planning and
implementation of Science and Technology (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.

d. DOST Research and Development Institutes (RDIs) - DOST agencies
concerned with basic and applied research on various S&T fields.

e. DOST Science and Technology Service Institutes - DOST agencies
providing science and technology-related services.

f. Emerging or enabling technologies — include biotechnology / Genomics,
Material Science, nanotechnology, Photonics, Metrology in Chemistry,
Space technology applications.

g. Local Metrology Authority (LMA) — the office or person responsible in the
implementation of legal metrological controls at the local level, i.e. LGUs

h. Mutual Acceptance Arrangement (MAA) -is an arrangement among
conformity certificate issuing authorities providing confidence in test and
examination results through a formal and mandatory peer evaluation
process.

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

j. Pre-Packaged Products - any commodity that is enclosed in a container
Ac wennnad in amy mannar and far which ite quantity has heen


quantity of the product contained cannot be changed without the pre-
package being opened or doing a perceptible modification.

k. Stakeholders - as used in this Act shall refer to all individuals and
entities involved in any metrological activities and processes.

|. Type or Pattern Approval on Measuring Instruments as defined in R.A.
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 an evaluation certificate.

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. The NMI shall be headed
by an Executive Director, and under the policy, technical, administrative
supervision and control of the Department of Science and Technology. The
existing NMB shall have oversight function over the NMI.

The NMI, in coordination with the Department of Budget and
Management and the Civil Service Commission, 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 have the following functions:

a. Establish and maintain the national physical and chemical standards
for basic and derived quantities;

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 Arrangements (MRA);

e. Broaden Type or Pattern Approval to allow acceptance of Mutual
Acceptance Arrangements (MAA);

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

g. Adapt OIML Recommendations to legal metrology regulations as well
as align with international traceability and conformity standards;

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

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

j. Ensure the effective and efficient operations of the NMI in carrying
out the above functions and responsibilities.

ao

SECTION 8. Strengthening the National Metrology Board. - The
National Metrology Board under Section 5 of RA 9236, shall be strengthened
to include the Secretary/Chairman or the duly authorized representative of


Department of Energy (DOE)

Department of Public Works and Highways (DPWH)

Department of National Defense (DND)

Philippine Information Agency (PIA)

Committees on Science and Technology of the Senate and House
of Representatives

The third paragraph of Section 5 of R.A. 9236 is hereby amended as follows:

The NMB Secretariat including its plantilla positions is hereby transferred
from the Industrial Technology Development Institute (ITDI) to the Office of
the DOST Secretary.

SECTION 9. Functions, Duties and Responsibilities of the Board.
Section 6 of RA 9236 is hereby amended to include the following:

a. To ensure the execution of the upkeep and conservation of national
primary and secondary standards in conformity with the Board-
Authorized Units; To guarantee the use in the country of a uniform
system of units and measurement standards of physical and chemical
quantities;

b. To make sure that the necessary guidelines are issued and enforced
on such areas of metrology but not limited to utilization of measuring
equipment and devices, type approval on measuring equipment,
verification, calibration, use of control marks and other metrological
controls on measurement standards and measuring equipment;

c. To warrant that the accuracy and application of quantities and similar
metrological requirement are met in all commercial, economic,
scientific, technical and similar endeavours;

d. To approve rates for the metrological work and similar calibration
services rendered by the NMIS, DOST Regional Metrology
Laboratories and other government metrology laboratories;

e. To ensure that type approval of measuring instruments are carried
out by NMI and other competent laboratories;

f. To ensure that persons or business entities regularly engaged in
importing, manufacturing, repairing, selling or hiring certain
measuring equipment comply with the provisions of this Act; and

g. To perform such other functions, duties and responsibilities as may
be necessary to implement this Act.

SECTION 10. The Role of the Department of Trade and Industry
(DTI). - Pursuant to the Chapter II, Art. 61-65 of R.A. 7394, also known as,
the Consumer Act of the Philippines, and to ensure consumer protection and
safety from 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 metrology policy
at the local level.

The DTI shall also conduct surveillance, inspections and verifications on
the sale of pre-packaged products.


SECTION 11. The Role of the Local Metrology Authority. -
Pursuant to Section 148 of Book II of the Local Government Code or R.A. 7160
and Chapter II, Art. 61-65 of R.A. 7394, each LGU through their Treasurer’s
Office shall be tasked to perform the following functions:

a. Implement the national metrology policy at the local level;

b. Enforce the legal metrology regulations at the local level;

c. Set-up a Weights and Measures Office;

d. Conduct registration of measuring instruments for commercial
applications;

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

The DILG shall ensure that the LGUs shall implement the provisions of
this Act.

SECTION 12. Labelling, Verification of Quantity in Pre-Packaged
Products. - Section 10 of RA 9236 is hereby amended to include conformity
to pre-packaged products requirements.

Labelling requirements, procedures and regulations as defined and
formulated in accordance with recognized International Metrology Standards
such as, but not limited to, OIML R79, R87 and ASEAN Common Requirements
on Pre-Packaged Products shall be formulated through the Implementing
Rules and Regulations of this Act.

SECTION 13. Market Surveillance of Measuring Instruments and
Pre-Packaged Products. - The appropriate government agencies 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
shall be consistent with conformity assessment system requirements.

SECTION 14. Laboratories and Procedures. - Section 11of R.A.
9236 is hereby amended. Metrological controls undertaken in the country shall
be conducted by the NMI, LMAs, accredited laboratories, manufacturers and
other entities accredited by the Philippine Accreditation Bureau (PAB), as
defined under Sections 13 and 14 of RA 9236.

SECTION 15. Mutual Recognition Arrangement (MRA). - The
Philippines shall enter into international agreements recognizing the
equivalence of national measurement standards, and legal metrology systems
and controls of countries that are signatories of the Global Mutual Recognition
Arrangements such as those issued under the International Committee of
Weights and Measures (CIPM MRA). Also, the Philippines shall participate in
international legal metrology conformity assessment systems.

SECTION 16. Accrediting Body. - Section 13 of RA 9236 is hereby
amended to include the Department of Public Works and Highways (DPWH),


SECTION 17. Education and Public Information / Advocacy. -A
National Metrology Training Center attached to the NMI shall be established
to undertake information education and training on Metrology.

In addition, the NMI, in collaboration with the Philippine Information
Agency (PIA) and other concerned government agencies, shall conduct
information, education, and advocacy programs to promote Metrology.

SECTION 18. Penalties. - The penalties provided under Section 17 of
R.A. 9236 shall be subject to review every five years following the effectivity
of this Act and amended accordingly.

SECTION 19. Appropriations. - The second paragraph of Section 18,
RA 9236 is hereby amended as follows:

All fees collected / income generated from metrological services shall be
used by the Board, NMI, DOST Research and Development Institutes (RDIs),
Service Institutes and Regional Offices, and other government offices
performing metrology services, to augment its funds for their operation and
other metrology-related functions and activities.

SECTION 20. Transitory Provisions. - The National Metrology
Laboratory Philippines (NML Phil), a division under ITDI responsible for
establishing and maintaining the national physical standards for basic and
derived quantities, is hereby transformed into the NMI. Thereafter, all powers,
functions, duties, records, files and assets including plantilla positions of the
NML shall be transferred to the NMI.

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

The ITDI shall formulate a transitory implementation plan in its IRR, for
the phasing in/transfer of the NML Phil to the NMI created under this Act,
including a schedule for the implementation and enforcement of the policies
and regulations provided under this Act.

SECTION 21. Implementing Rules and Regulations (IRR). - The
DOST with other concerned government departments, agencies and
representatives mentioned in Section 8 hereof shall within ninety (90) days
from the effectivity of this Act issue the necessary implementing rules and
regulations of this Act.

SECTION 22. Separability Clause. — If for any reason, any provision
of this Act is declared unconstitutional, the other sections or provisions hereof
which are not hereby affected shall continue to be in full force and effect.


SECTION 23. Repealing Clause. - All laws, decrees, orders, rules and
regulations or portions thereof inconsistent with this Act are hereby repealed

or modified accordingly.

SECTION 24. 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 circulation, whichever comes earlier.

Approved,