NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
Senate
of 11.1C feraftnrp
*22 NOV-9 P1:l2
SENATE
S. No. 1481
RECEIVED B'
Introduced by SENATOR RAMON BONG RE VILLA, JR.
AN ACT
PROMOTING THE RIGHT TO REPAIR DIGITAL ELECTRONIC PRODUCTS, 
AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
With the onset of the New Normal, there is an increased demand and 
dependence on digital electronic products. Electronic gadgets such as mobile phones 
and tablets became necessities with the introduction of blended learning. Laptops and 
other office equipment became staples inside residences with the implementation of 
work-from-home setup. With the shift to online platforms of government transactions 
and private sector services due to mobility restrictions brought about by the health 
protocols, there was an inevitability of, if not absolute reliance on, digital electronic 
products to conduct our everyday business.
Unfortunately, the ubiquity of these devices in the modern age resulted in an 
increase in electronic waste or E-waste. The Global E-Waste Monitor (December 2020) 
reported that in 2019, 53.6 million metric tonnes of e-waste were generated around 
the world, with an average of 7.3 kg per capita. The number grew by 9.2 Mt since 
2014 and is projected to grow to 74.7 Mt by 2030. In the same report, the Philippines 
recorded 425 kt of e-waste in 2019, and was identified as the third biggest generator 
of e-waste in the South-Eastern Asian region (next to Indonesia with 1.618 kt and 
Thailand with 621 kt)- In addition, the United Nations Environment Programme (UNEP) 
estimates that only 20% of e-waste, which contain hazardous and toxic components, 
are properly collected, treated and recycled.


Among the reasons cited for the rapid accumulation of e-waste include higher 
consumption of electronic products, short life cycles, and few repair options. Sadly, 
the limited repair options are perpetrated by the manufacturers who employ all sorts 
of strategies (from specially-made screws to system locks) to restrict third-party 
repair, which would often be more practical to the consumer.
This bill promotes and strengthens the consumers' right to repair by making 
available to them necessary information and tools and empowering them to repair, on 
their own or through independent repair centers, their purchased electronic equipment 
at reasonable costs at the most convenient means possible. For instance, far flung 
communities who use digital electronic equipment for online learning may not have 
ready access to authorize repair providers, and may encounter software and hardware 
restrictions if proper information and tools for repair are not made available.
This measure seeks to promote consumer welfare by allowing them to access 
and to select the best option from a range of repair and refurbishment services, and 
not be confined to just one. It also enables consumers to optimize the use of any 
digital electronic product and encourage long-term usage, without resorting to 
immediate disposal of items, thereby reducing wastage.
This policy is also in line with the attainment of Sustainable Development Goal 
(SDG) 12: Responsible Consumption and Production, which lists among its targets the 
substantial reduction of waste generation through prevention, reduction, recycling and 
reuse, and the adoption of sustainable practices among large and transnational 
companies.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
RAMON
REVILLA, JR. ,r1


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 1481
g>enfff
(©flitf ol Iljf ferr:
*22 NOV-9 PI :12
RECEIVED 8V:
Introduced by SENATOR RAMON BONG RE VILLA, JR.
AN ACT
PROMOTING THE RIGHT TO REPAIR DIGITAL ELECTRONIC PRODUCTS, 
AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Tide. - This Act shall be known as the ''Right to Repair Act."
2 
Sec. 2. Declaration of Policy. - The State shall adhere to the policy of protecting
3 
the interests of consumers, promoting their general welfare, and establishing the
4 
standards of conduct for businesses and industries. Thus, the State shall expand
5 
consumer choice by allowing them to have the right set of information and tools to
6 
either repair their own products or provide the option for local repair businesses to do
7 
so. The State shall also protect the consumers from possible trade and sales
8 
malpractices from manufacturers.
9 
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall
10 
mean:
11 
a. Authorized repair provider-
12 
i. A person licensed by an original equipment manufacturer to use a trade
13 
name, service mark, related characteristic to offer repair services under
14 
the name of the original equipment manufacturer; or
15 
ii. A person contracted by an original equipment manufacturer to provide
16 
refurbishing services for products manufactured by the manufacturer.


1 
b. Embedded software - also known as basic internal operating system, internal
2 
operating system, machine code, assembly code, root code, or microcode,
3 
means any programmable instructions provided on firmware delivered with
4 
equipment for equipment operation, including all relevant software updates
5 
made by the original equipment manufacturer.
6 
c. Digital electronic product - a part or machine containing a microprocessor
7 
originally manufactured for distribution and sale in the country.
8 
d. Documentation - manuals, schematic diagrams, reporting output, or service
9 
code description provided to the authorized repair provider for the purpose of
10 
effecting repair.
11 
e. Fair and reasonable terms - In determining whether a price is on fair and
12 
reasonable terms, consideration may be given to relevant factors, including,
13 
but not limited to:
14 
i. The net cost to the authorized repair provider for similar parts obtained
15 
from original equipment manufacturers, less any discounts, rebates or
16 
other incentive programs;
17 
ii. The cost to the original equipment manufacturer for preparing and
18 
distributing the parts or product excluding any research and
19 
development costs incurred in designing and implementing, upgrading,
20 
or altering the product, but including amortized capital costs for the
21 
preparation and distribution of the parts; and
22 
iii. The price charged by other original equipment manufacturers for similar
23 
parts or products.
24 
f. Independent repair provider- a person operating who is:
25 
i. Not affiliated with an original equipment manufacturer or an original
26 
equipment manufacturer's authorized repair provider; and
27 
ii. Engaged in the diagnosis, service, maintenance, or repair of equipment:
28 
Provided, That an original equipment manufacturer shall be considered
29 
an independent repair provider if the original equipment manufacturer
30 
diagnoses, services, maintains, or repairs equipment that is not
31 
manufactured by the original equipment manufacturer.


1 
g. Medical device-equipment that is intended for use in the diagnosis, treatment,
2 
or prevention of disease in humans or animais.
3 
h. Original equipment manufacturer - a person who in the ordinary course of
4 
business seils or ieases new equipment to any person and diagnoses, services,
5 
maintains or repairs that equipment.
6 
i. Owner- a person who owns or ieases equipment that is purchased or used in
7 
the country.
8 
j. Partov service part- any new or used component made available by an original
9 
equipment manufacturer to an authorized repair provider to repair equipment.
10 
k. Remote diagnosis - any transfer of data relating to settings, controls, or
11 
location identification between equipment and a provider of repair services.
12 
I. Service paits- replacement parts, either new or used, made available by the
13 
manufacturer to the authorized repair provider for the purpose of effecting
14 
repair.
15 
m. Trade secret- anything tangible or intangible or electronically stored or kept,
16 
which constitutes, represents, evidences or records intellectual property,
17 
including secret or confidentially held designs, processes, procedures, formulas,
18 
inventions or improvements, or secrets of confidentially-held scientific,
19 
technical, merchandising, production, financial, business 
or management
20 
information, among others.
21 
Sec. 4. Coverage. - Owners and independent repair providers shall be given
22 
the right to repair their own digital electronic products, including medical devices, by
23 
giving them proper information and tools from the original equipment manufacturers.
24 
Sec. 5. Availabiiity of Diagnostic and Repair Information. - Original equipment
25 
manufacturers shall make available all diagnostic and repair information, including
26 
repair technical updates, schematic diagrams, updates, corrections to embedded
27 
software, and safety and security patches to owners and independent repair providers
28 
of equipment manufactured: Provided, That they shall be offered:
29 
1. Free of charge or for no more than what the original equipment manufacturer
30 
would charge to make the same information available to an authorized repair
31 
provider; and


1 
2. In the same format that the original equipment manufacturer would use to
2 
make the same information available to an authorized repair provider.
3 
Sec. 6. Availability of Diagnostic and Repair Tools. - Original equipment
4 
manufacturers shall make available for sale to owners and independent repair
5 
providers all diagnostic repair tools, incorporating the same diagnostic, repair and
6 
remote diagnosis capabilities that the original equipment manufacturer makes
7 
available to its own repair or engineering staff or an authorized repair provider, upon
8 
fair and reasonable terms.
9 
Sec. 7. Documentation Format - Original equipment manufacturers shall
10 
provide diagnostic, service, or repair documentation in the standardized format only,
11 
unless the proprietary format includes diagnostic, service, or repair documentation or
12 
functionality that is not available in the standardized format.
13 
Sec. 8. Third-Party Providers. - An original equipment manufacturer that
14 
provides diagnostic repair documentation to third party diagnostic tool manufacturers,
15 
diagnostics manufacturers, or service information publications shall be deemed to
16 
have fully satisfied its obligations under Sections 5 and 6, and shall not be responsible
17 
for the content and functionality of the diagnostic tools, diagnosis, or service
18 
information publications offered or sold by the third-party manufacturers.
19 
Sec. 9. Security Functions. - An original equipment manufacturer of equipment
20 
or parts sold or used in the country for security-related functions shall make diagnostic,
21 
service and repair information necessary to reset a security-related electronic function
22 
from the information provided to owners and independent repair providers. An original
23 
equipment manufacturer may provide the information necessary to reset an
24 
immobilizer system or a security-related electronic module to owners and independent
25 
repair providers through an appropriate secure date release system.
26 
Sec. 10. Limitations. - Nothing in this Act shall be construed to:
27 
a. Require an original equipment manufacturer to divulge a trade secret;
28 
b. Abrogate, interfere with, contradict, or alter the terms of any agreement
29 
between an authorized repair provider and an originai equipment manufacturer,
30 
including the performance or provision of warranty or recall repair work by an
31 
authorized repair provider on behalf of an original equipment manufacturer:
32 
Provided, That any provision of an agreement that waives, avoids, restricts, or


1 
limits an original equipment manufacturer's compliance with this Section shall
2 
be void;
3 
c. Require an original equipment manufacturer or authorized repair provider to
4 
provide an owner or independent repair provider access to non-diagnostic and
5 
repair information provided by an original equipment manufacturer to an
6 
authorized repair provider pursuant to the terms of an authorizing agreement;
7 
d. Require a manufacturer of a medical device to comply with any provision of this
8 
Act that conflicts with Republic Act (RA) No. 3720, otherwise known as the
9 
"Food, Drug and Cosmetic Act," as amended;
10 
e. Avoid any warranty due to the consumer's exercise of their right to repair,
11 
including, but not limited to, resorting to independent repair providers.
12 
Sec. 11. Failure of Original Equipment Manufacturer to Provide Diagnostic and
13 
Repair Information and Tools. - An owner or an independent repair provider who
14 
believes that a manufacturer has failed to provide information, including
15 
documentation, updates to firmware, safety and security corrections, diagnostics,
16 
documentation, or a tool required by this Act, shall notify the manufacturer in writing
17 
and give the manufacturer thirty (30) days from receipt of the complaint to cure the
18 
failure. If the manufacturer cures such a complaint within the cure period, damages
19 
shall be limited to actual damages in any subsequent litigation.
20 
If the manufacturer fails to respond to the notice provided, or if an owner or
21 
an independent repair provider is not satisfied with the manufacturer's cure, the owner
22 
or independent repair provider may file a complaint before the proper court. The
23 
complaint shall include the following;
24 
1. Written information confirming that the complainant has attempted to acquire and
25 
use, through the then available standard support function provided by the
26 
manufacturer, all relevant diagnostics, tools, service parts, documentation, and
27 
updates to embedded software, including communication with customer assistance
28 
via the manufacturer's then standard process, if made available by the
29 
manufacturer; and
30 
2. Evidence of manufacturer notification in this Section.
31 
It shall be penalized by imprisonment ranging from six (6) months to six (6)
32 
years and a fine of not less than One hundred thousand pesos (Php 100,000.00) but


1 
not more than One million pesos (Php 1,000,000.00), or both, at the discretion of the
2 
court.
3 
If the offender is a corporation, the penalty may, at the discretion of the court,
4 
be imposed upon such corporation and/or upon its directors, trustees, members,
5 
officers, or employees responsible for the violation or indispensable to its commission.
6 
The owner or independent repair provider may, however, elect to file a
7 
complaint with the Department of Trade and Industry (DTI), in accordance with the
8 
provisions of Title III, Chapter III or Title V, Chapter III of RA 7394, or the "Consumer
9 
Act of the Philippines" or such other proceeding as may be specified in the
10 
implementing rules and regulations provided under Section 13 hereof: Provided, That
11 
fines shall not be less than One hundred thousand pesos (Php 100,000.00) but not
12 
more than One million pesos (Php 1,000,000.00).
13 
Sec. 12. Appropriations. - The funding requirements for the initial
14 
implementation of this Act shall be charged against the current year's budget of the
15 
Department of Trade and Industry. Thereafter, it shall be included in the annual
16 
General Appropriations Act.
17 
Sec. 13. Implementing Rules and Regulations (IRR). - Within ninety (90) days
18 
from the approval of this Act, the DTI, in consultation with other concerned
19 
government agencies and stakeholders, shall formulate the rules and regulations
20 
implementing the provisions of this Act.
21 
Sec. 14. Separability Clause. - If any provision or part hereof is held invalid or
22 
unconstitutional, the remainder of the law or the provision or part not otherwise
23 
affected shall remain in full force and effect.
24 
Sec. 15. Repealing Clause. - Any law, presidential decree or issuance, executive
25 
order, letter of instruction, administrative order, rule, or regulation contrary to or
26 
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
27 
accordingly.
28 
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its
29 
complete publication in the Official Gazette or in two (2) newspapers of general
30 
circulation in the Philippines.
Approved,