FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~'rn 
S.No. 1'179 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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The Constitution, Article 2, Section 16 mandates that the State shall protect and advance 
the right of the people to a balanced and healthful ecology in accord with the rhythm and 
harmony of nature. In Section 20 of the same article, the Constitution likewise mandates that the 
State recognizes the indispensable role of the private sector, encourages private enterprise and 
provides incentives to needed investments. 
Greenhouse gases like carbon dioxide have been proven by scientists around the world to 
cause global warming. Despite this scientific fact, very few initiatives have been undertaken by 
the public and private sectors to develop and apply technologies that would reduce the emission 
of these substances. 
This bill seeks to promote research to develop technologies applicable to vanous 
industries that would lessen their adverse effect to the environment by minimizing the emission 
of the greenhouse gases 1 
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:r~IAM DEF~SOR sir1TIApO 
I This bill was originally filed during the 14t1' Congress 1" Regular Session 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1779 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO FACILITATE THE DEVELOPMENT, DEMONSTRATION, AND IMPLEMENTATION 
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OF TECHNOLOGY FOR USE IN REMOVING GREENHOUSE GASES FROM THE 
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ATMOSPHERE AND CREATING A GREENHOUSE GAS EMISSION ATMOSPHERIC 
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REMOVAL COMMISSION 
Be it enacted by the Senate and the House of representatives of the Philippines in 
Congress assembled: 
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SECTION I. Short Title. - This Act shall be known as the "Greenhouse Gas Emission 
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Atmospheric Removal Act." 
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SECTION 2. Declaration of Policy. - The Constitution, Article 2, Section 16 mandates 
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that the State shall protect and advance the right of the people to a balanced and healthful 
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ecology in accord with the rhythm and harmony of nature. In Article 2, Section 20, the 
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Constitution likewise mandates that the State recognizes the indispensable role of the private 
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sector, encourages private enterprise and provides incentives to needed investments. Taking into 
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account these mandates the State shall provide incentives to public and private entities who 
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develop and apply technologies to protect the environment. 
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SECTiON 3. Definition of Terms. -For purposes ofthis Act, the term: 
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(A)- "Commission" means the Greenhouse Gas Emission Atmospheric Removal 
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Commission established by Section 5; 
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(B) "Greenhouse gas" means--
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(1) carbon dioxide; 
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(2) methane; 
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(3) nitrous oxide; 
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(4) sulfur hexafluoride; 
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(5) hydro fluorocarbon; 
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(6) perfluorocarbon; and 
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(7) any other gas that the Commission determines is necessary to achieve the 
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purposes of this Act. 
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(C) "Intellectual Property" means--
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(I) an invention that is patentable under the Intellectual Property Code; and 
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(2) any patent on an invention described in subparagraph (l). 
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(D) "Secretary" means the Secretary of Energy. 
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SECTION 4. Greenhouse Gas Emission Atmospheric Removal Program. -
The 
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Secretary, acting through the Commission, shall provide to public and private entities, on a 
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competitive basis, financial awards for the achievement of milestones in developing and 
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applying technology that could significantly slow or reverse the accumulation of greenhouse 
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gases in the atmosphere by permanently capturing or sequestrating those gases without 
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significant countervailing harmful effects. 
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SECTION 5. Greenhouse Gas Emission Atmospheric Removal Commission. - There 
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shall be established a committee, within the Department of Energy a commission to be known as 
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the "Greenhouse Gas Emission Atmospheric Removal Commission". 
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SECTION 6. Composition. - The Commission shall be composed of eleven (11) members 
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appointed by the President, by and with the advice and consent of the Senate, who shall provide 
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expertise in--
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(A) Climate Science; 
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(B) Physics; 
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(C) Chemistry; 
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(D) Biology; 
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(E) Engineering; 
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(F) Economics; 
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(G) Business Management; and 
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(H) such other disciplines as the Commission determines to be necessary to achieve the 
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purposes ofthis Act. 
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The Commission shall select a Chairperson and Vice Chairperson from among the 
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members of the Commission. 
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SECTION 7. Meetings. - Not later than 30 days after the date on which all members of 
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the Commission have been appointed, the Commission shall hold the initial meeting of the 
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Commission. 
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The Commission shall thereafter meet at the call of the Chairperson. 
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SECTION 8. Term. - A member of the Commission shall serve for a term of6 years. Any 
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vacancy in the membership of the Committee shall not affect the powers of the Commission and 
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shall be filled in the same manner as the original appointment. 
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Any member of the Committee may be removed for cause in accordance with procedures 
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established by the Committee. 
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SECTION 9. Duties. -The Commission shall: 
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(A) subject to Section 10, develop specific requirements for--
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(1) the competition process; 
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(2) minimum performance standards; 
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(3) monitoring and verification procedures; and 
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(4) the scale of awards for each milestone identified under paragraph (3); 
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(B) establish minimum levels for the capture or net sequestration of greenhouse gases 
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that are required to be achieved by a public or private entity to qualify for a financial 
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award described in paragraph (C); 
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(C) in coordination with the Secretary, offer those financial awards to public and private 
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entities that demonstrate--
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(1) a design document for a successful technology; 
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(2) a bench scale demonstration of a technology; 
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(3) technology described in subparagraph (A) that--
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(i) is operational at demonstration scale; and 
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(ii) achieves significant greenhouse gas reductions; and 
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(4) operation of technology on a commercially viable scale that meets the 
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minimum levels described in paragraph (B); and 
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shall: 
(D) submit to Congress--
(1) an aI1I1ual report that describes the progress made by the Commission and 
recipients of financial awards under this section in achieving the demonstration 
goals established under paragraph (C); and 
(2) not later than one (1) year after the date of enactment ofthis Act, a report that 
describes the levels of fI1I1ding that are necessary to achieve the purposes of this 
Act. 
SECTION 10. Public Participation. - In carrying out Section 9 (A), the Commission 
(A) provide notice of and, for a period of at least sixty (60) days, an opportunity for 
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public comment on, any draft or proposed version of the requirements described in Section 9(A); 
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and 
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(B) take into account public comments received in developing the final version of those 
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requirements. 
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SECTION II. Peer Review. - No financial award may be provided under this Act until 
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such time as the proposal for which the award is sought has been peer reviewed in accordance 
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with such standards for peer review as the Commission shall establish. 
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SECTION 12. Intellectual Property Considerations. - Title to any intellectual property 
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arising from a financial award provided under this Act shall vest in one (1) or more entities that 
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are incorporated in the Philippines. 
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(A) Reservation of License - The Republic of the Philippines--
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(I) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to 
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have practiced for or on behalf of the Republic of the Philippines, in connection 
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with any intellectual property as described in this section; but 
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(2) shall not, in the exercise of a license reserved under subparagraph (1), publicly 
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' disclose proprietary information relating to the license. 
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(B) Transfer of Title - Title to any intellectual property described in this section shall not 
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be transferred or passed, except to an entity that is incorporated in the Republic of the 
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Philippines, until the expiration of the first patent obtained m connection with the 
intellectual properly. 
SECTION 13. Termination of Authority. - The Commission and all authority of the 
Commission provided under this Act terminate ten (10) years after its effectivity. 
SECTION 14, Appropriation, - To carry out the provisions of this Act, such amount as 
hereby necessary is hereby authorized to be appropriated from the National Treasury. Thereafter, 
the amount necessary for the continuation of the program shall be included in the annual 
appropriation of the Department of Energy, 
SECTION 15, Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting, 
SECTION 16. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent 
with the provision of this Act is hereby repealed, modified, or amended accordingly, 
SECTION 17. Effectivity Clause, - This Act shall take effect fifteen (15) days after its 
pUblication in at least two (2) newspapers of general circulation. 
Approved, 
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