FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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) 
) 
First Regular Session 
SEN~T..E 
S,No. 
~43 
IllEf:!:IIlH} ~y • 0-"_' ,; 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Through ingenuity of design and quality of craftsmanship, manufacturers produce a range 
of workplace goods, whose useful life exceeds 12 years. Many of these goods have been in 
service for decades. This bill seeks to address a fundamental problem for manufacturers, the long 
tail of liability that extends for creating long-lasting quality good by establishing a statute of 
repose for durable goods used in a trade or business. 
Black's Law Dictionary defines a statute of repose as a statute barring any suit that is 
brought after a specified time since the defendant acted; in this case, 12 years after the product 
was delivered to its first purchaser, even if this period ends before the plaintiff has suffered a 
resulting injury. This differs from a statute of limitations, which is a statute establishing a time 
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limit for suing in a civil case based on the date when the claim accrued. l 
1 This bill was originally filed in the Thirteenth Congress, Third Regular Session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN~F43 
S. No. __ -.::.-=::.-. 
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AN ACT 
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ESTABLISHING A STATUTE OF REPOSE FOR DURABLE GOODS USED IN A 
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TRADE OR BUSINESS. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title.- This Act shall be known as the "Workplace Goods Job Growth 
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and Competitiveness Act." 
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SECTION 2. Definition of Terms. - The following terms as used in this Act shall be 
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defined as follows: 
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(1) "Claimant" refers to any person who brings an action covered by this Act and any 
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person whose behalf such an action is brought. If such an action is brought through or on behalf 
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of an estate, the term includes the claimant's decedent. If such an action is brought through or on 
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behalf of a minor or incompetent, the term includes the claimant's legal guardian. 
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(2) "Durable Good" refers to any product, or any component of any such product, which 
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has a normal life expectancy of 3 or more years; or is of a character subject to allowance for 
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depreciation under the National Internal Revenue Code; and is used in a trade or business; held 
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for the production of income; or sold or donated to a governmental or private entity for the 
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production or goods, training, demonstration, or any other similar purpose. 
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SECTION 3. Statute of Repose for Durable Goods Used in a Trade or Business. 
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(a) IN GENERAL - Except as otherwise provided in this Act: 
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(I) no civil action may be filed against the manufacturer or seller of a durable 
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good for damage to property arising out of an accident involving that durable good if the 
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accident occurred more than 18 years after the date on which the durable good was 
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delivered to its first purchaser or lessee; and 
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(2) no civil action may be filed against the manufacturer or seller of a durable 
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good for damages for death or personal injury arising out of au accident involving that 
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durable good if the accident occurred more than 18 years after the date on which the 
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durable good was delivered to its first purchaser or lessee and if: 
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(A) the claimant has received or is eligible to receive worker compensation; aud 
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(B) the injury does not involve a toxic harm (including, hut not limited to, all 
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asbestos-related harm). 
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(b) EXCEPTIONS-
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(1) IN GENERAL - A motor vehicle, vessel, aircraft, or train that IS used 
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primarily to transport passengers Tor hire shall not be subject to this Act. 
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,(2) CERTAIN EXPRESS WARRANTIES - This Act does not bar a civil action 
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against a defendant who made an express warranty in writing as to the safety or life 
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expectancy of a specific product which was longer than 18 years, except that this Act 
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shall apply at the expiration of that warrauty. 
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(3) AVIATION LIMITATIONS PERIOD- This Act does not affect the 
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limitations period established by applicable laws. 
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(4) ACTIONS INVOLVING THE ENVIRONMENT- Subsection (a)(l) does not 
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supersede or modify any law that authorizes an action for civil damages, cost recovery, or 
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any other form of relief for remediation of the environment. 
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(c) EFFECT ON APPLICABLE LAW; PREEMPTION - Subject to subsection (h), this 
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Act preempts and supersedes my law that establishes a law of repose to the extent such law 
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applies to actions covered by this Act. Any action not specifically covered by this Act shall be 
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governed by applicable laws. 
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(d) TRANSITIONAL PROVISION RELATING TO EXTENSION OF REPOSE 
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PERIOD - To the extent that this Act shortens the period during which a civil action could be 
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otherwise brought pursuant to another provision of law, the claimant may, notwithstanding this 
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Act, bring the action not later than 1 year after thc date of the enactment of this Act. 
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SECTION 4. Application of the Act. - This Act shall not apply with respect to civil 
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actions commenced before the date of the enactment of this Act. 
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SECTION 5. Separability Clause. - If any provision 0 f this Act is held invalid or 
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unconstitutional, the remainder 0 f the Act or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative rule or regulation contrary to or inconsistent with the 
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provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation .. 
Approved, 
Iptmt02July2010 
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