EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Third Regular Session 
)
SENATE 
S. No. 2442
RECEIVED %•£
E-FILED 2:2'
DATE* Novembers, 2021 rnj 
08:15 am
tjme:
6ILLS'a>iWf>EX
Introduced by SENATOR RAMON BONG REVILLA, 3R.
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. Not to mention the shift to online platforms of government 
transactions and private sector services due to mobility restrictions, health risks and 
imposition of quarantine protocols, there was 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 to an 
increase in electronic waste or E-waste. The latest Global E-Waste Monitor 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)1. In addition, the United Nations Environment Programme (UNEP) estimates
1 http://ewastemonitor.info/wp-content/uploads/2020/12/GEM 2020 def dec 2020-1.pdf
1


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 proposed legislation 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 authorized 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.
RAMOiyBONG RE VILLA, JR.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
HE 
1 HE
)
SENATE 
S. NO. 2442
E-FILED
November 8, 2021 fTI
</>
date:
• 08:15 am
I NOt X
Introduced by SENATOR RAMON BONG REVILLA, 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:
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Section 1. Short Title. - This Act shall be known as the "Right to Repair Act."
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Sec. 2. Declaration of Policy.-The. State shall adhere to the policy of protecting
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the interests of consumers, promoting their general welfare, and establishing the
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standards of conduct for businesses and industries. Thus, the State shall expand
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consumer choice by allowing them to have the right set of information and tools to
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either repair their own products or provide the option for local repair businesses to do
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so. The State shall also protect the consumers from possible trade and sales
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malpractices from manufacturers.
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Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall
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mean:
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a) "Authorized repair provider" -
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i) A person licensed by an original equipment manufacturer to use a
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trade name, service mark, related characteristic to offer repair
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services under the name of the original equipment manufacturer; or
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ii) A person contracted by an original equipment manufacturer to provide
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refurbishing services for products manufactured by the manufacturer.


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


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g) "Medical device" - equipment that is intended for use in the diagnosis,
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treatment, or prevention of disease in human or animals.
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h) "Original equipment manufacturer" - a person who in the ordinary course
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of business sells or leases new equipment to any person and diagnoses,
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services, maintains or repairs that equipment.
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i) "Owner" - a person who owns or leases equipment that is purchased or
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used in the country.
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j) "Part" or "service part" - any new or used component made available by
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an original equipment manufacturer to an authorized repair provider to
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repair equipment.
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k) "Remote diagnosis" - any transfer of data relating to settings, controls, or
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location identification between equipment and a provider of repair services.
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I) "Service parts" - replacement parts, either new or used, made available by
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the manufacturer to the authorized 
repair provider for the purposes of
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effecting repair.
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m) "Trade secret" - anything tangible or intangible or electronically stored or
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kept which constitutes, represents, evidences or records intellectual
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property including secret or confidentially held designs, processes,
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procedures, formulas, inventions or improvements, or secrets of
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confidentially held scientific, technical, merchandising, production,
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financial, business or management information, among others.
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Sec. 4. Coverage. - Owners and independent repair providers shall be given
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the right to repair their own digital electronic products, including medical devices, by
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giving them proper information and tools from the original equipment manufacturers.
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Sec. 5. Availability of Diagnostic and Repair Information. - Original equipment
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manufacturers shall make available all diagnostic and repair information, including
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repair technical updates, schematic diagrams, updates, corrections to embedded
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software, and safety and security patches to owners and independent repair providers
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of equipment manufactured, provided that they shall be offered:
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a) Free of charge or for no more than what the original equipment
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manufacturer would charge to make the same information available to an
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authorized repair provider; and


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


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that waives, avoids, restricts, or limits an original equipment manufacturer's
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compliance with this Section shall be void;
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c) Require an original equipment manufacturer or authorized repair provider
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to provide an owner or independent repair provider access to non-
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diagnostic and repair information provided by an original equipment
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manufacturer to an authorized repair provider pursuant to the terms of an
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authorizing agreement;
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d) Require a manufacturer of a medical device to comply with any provision
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in this Act that conflicts with Republic Act No. 3720, otherwise known as
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the "Food, Drug and Cosmetic Act," as amended;
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e) Avoid any warranty due to the consumer's exercise of their right to repair,
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including but not limited to resorting to independent repair providers.
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Sec. 11. Failure of Original Equipment Manufacturer to Provide Diagnostic and
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Repair Information and Tools. - An owner or an independent repair provider who
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believes that a manufacturer has failed to provide information, including
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documentation, updates to firmware, safety and security corrections, diagnostics,
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documentation, or a tool required by this Act shall notify the manufacturer in writing
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and give the manufacturer thirty (30) days from receipt of the complaint to cure the
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failure. If the manufacturer cures such a complaint within the cure period, damages
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shall be limited to actual damages in any subsequent litigation.
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If the manufacturer fails to respond to the notice provided, or if an owner or
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an independent repair provider is not satisfied with the manufacturer's cure, the owner
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or independent repair provider may file a complaint before the proper court. The
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complaint shall include the following:
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1) Written information conforming that the complainant has attempted to
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acquire and use, through the then available standard support function
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provided by the manufacturer all relevant diagnostics, tools, service parts,
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documentation, and updates to embedded software, including
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communication with customer assistance via the manufacturer's then
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standard process, if made available by the manufacturer; and
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2) Evidence of manufacturer notification in this Section.


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It shall be penalized by imprisonment ranging from six (6) months to six (6)
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years and a fine of not less than One hundred thousand pesos (Php 100,000.00) but
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not more than One million pesos (Php 1,000,000.00) or both at the discretion of the
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court.
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If the offender is a corporation, the penalty may, at the discretion of the court,
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be imposed upon such corporation and/or upon its directors, trustees, members,
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officers, or employees responsible for the violation or indispensable to its commission.
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The owner or independent repair provider may, however, elect to file a
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complaint with the Department of Trade and industry in accordance with the
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provisions of Title III, Chapter III or Title V, Chapter III of Republic Act No. 7394 or
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the "Consumer Act of the Philippines," or such other proceeding as may be specified
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in the implementing rules and regulations provided under Section 13 hereof; Provided,
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That fines shall not be less than One hundred thousand pesos (Php 100,000.00) but
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not more than One million pesos (Php 1,000,000.00).
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Sec. 12. Appropriations. - The funding requirements for the initial
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implementation of this Act shall be charged against the current year's budget of the
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Department of Trade and Industry. Thereafter, it shall be included in the annual
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General Appropriations Act.
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Sec. 13. Implementing Rules and Regulations. - Within ninety (90) days from
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the approval of this Act, the Department of Trade and Industry, in consultation with
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other concerned government agencies and stakeholders, shall formulate the rules and
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regulations implementing the provisions of this Act.
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Sec. 14. Separability Clause. — If any provision or part hereof is held invalid or
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unconstitutional, the remainder of the law or the provision or part not otherwise
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affected shall remain valid and subsisting.
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Sec. 15. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, administrative order, rule, or regulation contrary to or
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inconsistent with the provisions of this Act are hereby repealed, modified, or amended
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accordingly.
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Sec. 16. Effectivity. — This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,