Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

ee

House Bill No. 352

Introduced by Representatives Ron P. Salo

EXPLANATORY NOTE

As enunciated in Article II, Section 15 of the 1987 Philippine Constitution, “The
State shall protect consumers from trade malpractices and from substandard or
hazardous substances.” The constitutional injunction to protect the rights of
consumers was further strengthened under Republic Act No. 7394, otherwise known
as the Consumer Act of the Philippines, “to protect the interest of the consumers,
promote their general welfare, as well as establish standards of conduct for business
and industry. in furtherance of the above stated state policies.

This bill builds on the objectives set forth under RA 9236, which provides,
among others, that the State shall provide support to Research and Development
(R&D) in Metrology covering the environment and climate change, public health and
safety, transportation Information Communication Technology (ICT),
Biotechnology/Genomics, Materials Science, Nanotechnology, Photonics , Metrology

in Chemistry, Space Technology applications and other emerging and enabling
technologies.

This bill endeavors to facilitate progress in the national economy by
encouraging the standardization and modernization of units and standards of
measurements to adapt to the needs of times. It seeks to encourage the adoption of
international best practices in measurements in response to future developments and

requirements. In 2003, Republic Act No. 9236, also known as “National Metrology Act
of 2003 was enacted

The proposed legislation seeks to harmonize Philippine national metrological
standards with international standards, mutual recognition arrangements and
statistical controls as envisioned in the ASEAN economic integration, the World Trade
Organization (WTO), other international agreements and covenants resulting to
globally competitive and quality products and services that conforms with national

standards. This bill will also provide greater consumer protection, transparency and
confidence in measurements.

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 and shall be placed
directly under the NMB. The NMI shall be headed by an Executive Director, and under

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Posie. uy 02 2019



the policy, technical, administrative supervision and control of the Department of
Science and Technology.

The passage of this important piece of legislation will further boost global
competitiveness and quality of Philippine products and services.

RON P. SALO
KABAYAN Partylist

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. $52

Introduced by Representatives Ron P. Salo

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 the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. This Act shall be known as the “Enhanced National Measurement
Infrastructure System (NMIS) Act.”

SEC. 2. Declaration of Policy. — 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 Republic Act No. 9236, the State shall provide support
to research and development in metrology covering 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.

SEC. 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
R.A. 9236 and this Act, the following objectives shall be pursued

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 local metrology authorities at the local level; and

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©) Foster a metrology culture that will instill a keen appreciation of the
importance of metrology

SEC. 4, Scope. — This law shall have a national application and shall cover all
agencies, institutions, private entities performing metrological activities, and
processes

SEC. 5. Definition of Terms. — Section 3 of R.A. 9236 is amended to read as
follows:

“SEC. 3. Definition of Terms. — For the purpose of this Act, the following
terms and phrases shall have the following definitions:

a) ACCREDITATION REFERS TO 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:

(i) CALIBRATION LABORATORIES TO PERFORM
TRACEABLE CALIBRATIONS AND MEASUREMENTS;

(ii) | TESTING LABORATORIES;

INSPECTION BODIES; AND

(iv) CERTIFICATION BODIES WHICH PERFORM PRODUCT
CERTIFICATION, QUALITY SYSTEMS CERTIFICATION
OR CERTIFICATION OF PERSONNEL.

b

[a)] ACCREDITED LABORATORY [-] refers to a laboratory that has
been evaluated and has complied with the requirements of the
International Standardization Organization (ISO) 17025 Standard
“General Requirements for the Competence of Testing and Calibration
Laboratories,” and accredited by the national accrediting body

es

[b)] BOARD-AUTHORIZED UNITS (BAU) [~are] REFERS TO units
prescribed by the Intemational System of Units (SI) and other units of
measurement authorized by the Board

d)

[c)] CALIBRATION [-] REFERS TO THE set of operations establishing
under specified condition, relationship between values indicated by a
measuring instrument or measuring system, or values represented by
material measure, and its corresponding known values of measure

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e) CONFORMITY ASSESSMENT REFERS TO THE DEMONSTRATION
THAT SPECIFIED REQUIREMENTS RELATING TO A PRODUCT,
PROCESS, SYSTEM, PERSON OR BODY ARE FULFILLED.

f) DOST REGIONAL OFFICES REFERS TO THE 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.

g) DOST RESEARCH AND DEVELOPMENT INSTITUTES (RDIS)
REFERS TO DOST AGENCIES CONCERNED WITH BASIC AND
APPLIED RESEARCH ON VARIOUS S & T FIELDS.

h) DOST SCIENCE AND TECHNOLOGY SERVICES INSTITUTES
REFERS TO DOST AGENCIES PROVIDING SCIENCE AND
TECHNOLOGY-RELATED SERVICES.

i) EMERGING OR ENABLING TECHNOLOGIES INCLUDES
BIOTECHNOLOGY, GENOMICS, MATERIAL SCIENCE,
NANOTECHNOLOGY, PHOTONICS, METROLOGY IN CHEMISTRY,
SPACE TECHNOLOGY APPLICATIONS.

j) LOCAL METROLOGY AUTHORITY (LMA) REFERS TO THE OFFICE
OR PERSON RESPONSIBLE IN THE IMPLEMENTATION OF LEGAL
METROLOGICAL CONTROLS AT THE LOCAL LEVEL OR IN THE
LEVEL OF LOCAL GOVERNMENT UNITS (LGUS).

k)

[d}] MEASUREMENT [-] REFERS TO THE set of operations having the
object of determining the value of a quantity

) [e)] MEASUREMENT STANDARD [-] REFERS TO a measuring
instrument or system intended to define, realize, conserve or reproduce
a unit or one or more known values of a quantity in order to transmit them
to the measuring instrument by comparison.

m) [9] METROLOGY [-] REFERS to the field of science concerned with
weights and measures which includes all aspects of measurements in
whatever level of accuracy and in any field of science and technology

n) [g)] METROLOGY CONTROLS [-] REFERS to the type approval
verification, calibration and other processes and means of checking the
accuracy and reliability of measurement standards and measuring
equipment.

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0}

MUTUAL ACCEPTANCE ARRANGEMENT (MAA) refers to an
arrangement among conformity certificate issuing authorities providing
confidence in test and examination results through a formal and
mandatory peer evaluation process.

p) Mutual Recognition Arrangement (MRA) refers to an arrangement
among countries designed to facilitate the freer movement and

employment of qualified and certified personnel between countries.

q) Pre-Packaged Products refers to any commodity that is enclosed in a
container or wrapped in any manner, and for which its quantity has been
determined and indicated on its label prior to being offered for sale. The
quantity of the product contained cannot be changed without opening or

perceptibly modifying the packaging

[)] PRIMARY STANDARD [-] REFERS TO a standard which has
highest metrological quality in a specified field

s)

[h)] REGULATED AREAS OF APPLICATION [-] refers to field of
endeavors or areas which are critical to citizens as they affect health
safety, welfare, physical conditions, trade and commerce, legal
transactions, environment and other areas as may be determined by the
Board.

t) [kK] SECONDARY STANDARD [-] REFERS TO one which value is
fixed by comparison with primary standard

&

STAKEHOLDERS REFER TO ALL INDIVIDUALS AND ENTITIES
INVOLVED IN ANY METROLOGICAL ACTIVITIES AND
PROCESSES.

y)

Ih] TRACEABILITY [-] REFERS TO the property of a result of a
measurement relating to appropriate standards, generally national or
international through an unbroken chain of comparison

w) [}] TYPE [Approval] OR PATTERN APPROVAL ON MEASURING
INSTRUMENTS, [-] the approved evaluation of conformity based on
one or more specimens of a product. REFERS TO CONFORMITY
ASSESSMENT PROCEDURE ON ONE OR MORE SPECIMENS OF
AN IDENTIFIED TYPE OR PATTERN OF MEASURING
INSTRUMENTS WHICH RESULTS IN AN EVALUATION REPORT
AND/OR AN EVALUATION CERTIFICATE.

zs

[m)] VERIFICATION [-] REFERS TO a confirmation by examination of
evidence that the measuring equipment fulfills specified requirements

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SEC. 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 National Metrology Board (NMB) shall have oversight
function over the NMI

The NMI, in coordination with the Department of Budget and Management
(DBM) and the Civil Service Commission (CSC), shall determine the appropriate

administrative support complement necessary for the effective and efficient operations
of the Institute.

SEC. 7. Functions of the National Metrology Institute (NMI). — The NMI
shall fulfil the following functions:

a) Establishing 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

d

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) Adopt OIML Recommendations to legal metrology regulations as well as

alignment with international traceability and conformity standards;

h

Provide administrative support to the NMB 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

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SEC. 8. Strengthening the National Metrology Board. — Section 5 of R.A.
9236 is hereby amended to read as follows:

“SEC 5. Creation of the National Metrology Board (NMB). — A National
Metrology Board, hereinafter referred to as the Board, is hereby created and to
be chaired by the Secretary of the Department of Science and Technology
(DOST). It shall be composed of the Secretaries of the following agencies or
their duly authorized representatives with the rank of Undersecretary, as ex
officio members:

(a) Department of Trade and Industry (DTI):

(b) Department of Transportation (DOTR);

(c) Department of Health (DOH);

(d) Department of Interior and Local Government (DILG);

(e) Department of Justice (DOJ);

(f) Department of Environment and Natural Resources (DENR); [and]
(g) Department of Agriculture (DA)E1;

(h) Department of Energy (DOE);

(i) Department of Public Works and Highways (DPWH);

(j) Department of National Defense (DND);

(k) Philippine Information Agency (PIA); and

(!) Committees on Science and Technology of the Senate of the Philippines

and the House of Representatives.

THE NMB SECRETARIAT INCLUDING ITS PLANTILLA POSITIONS
IS HEREBY TRANSFERRED FROM THE INDUSTRIAL TECHNOLOGY
DEVELOPMENT INSTITUTE (ITDI) TO THE OFFICE OF THE DOST
SECRETARY [The Industrial Technology-and Development Institute (TDI) is

hereby mandated to-serve-as the Board's Secretariat}: The National Metrology
Laboratory presently existing as the laboratory arm of the ITDI is likewise
hereby maintained and shall carry out the technical, calibration and laboratory

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functions to effectively implement the provisions of this Act. For the purpose of
enforcing its mandate, the OFFICE OF THE DOST SECRETARY [ITD!] shall
call upon the personnel of other departments and agencies of the government
and private institutions to assist in the implementation of this Act.”

SEC. 9. Functions, Duties and Responsibilities of the Board. ~ Section 6 of
R.A. 9236 is hereby amended to include the following:

“SEC 6. Functions, Duties and Responsibilities of the Board. - The
Board shall have the following duties and responsibilities:

(a) To ensure the execution [upkeeping] OF THE UPKEEP and conservation
of national primary and secondary standards in conformity with the Board-
Authorized Units;

(b) To GUARANTEE [promote-and-to-coordinate] the use in the country of a
uniform system of units and measurement standards of physical AND
CHEMICAL quantities;

(c) To [issue-and-enforce] 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;

(d) To WARRANT [ensure] that the accuracy and application of quantities and
similar metrological requirement are met in all commercial, economic
scientific, technical and similar endeavors;

(ec) To APPROVE [fix] rates [collect fees] for the metrological work and similar
calibration services rendered [for-both-public-and-private-entities] by the
NMI, DOST REGIONAL METROLOGY LABORATORIES AND OTHER
GOVERNMENT METROLOGY LABORATORIES;

(f) To ENSURE THAT [earry-out-the-testing-for] type approval of measuring
INSTRUMENTS [equipment] ARE CARRIED OUT BY NMI AND OTHER
COMPETENT LABORATORIES;

(g) To supervise and to assure the execution and calibration of standards and
verification equipment;

(h) 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 [guidelines-of the Board]; and

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(i) To perform such other functions, duties and responsibilities as may be
necessary to implement this Act.”

SEC. 10. The Role of the Department of Trade and Industry (DTI). - DTI
through their regional and provincial offices shall coordinate and monitor the
implementation of the national metrology policy at the local level to ensure that
consumer protection and safety from inaccurate and false measurements of consumer
products, goods and services, pursuant to Chapter Il, Articles 61 to 65 of Republic Act
No. 7394, otherwise known as the Consumer Act of the Philippines.

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

SEC. 11. The Role of the Local Metrology Authority. — Each LGU, through
their Treasurer's Office, shall be tasked to perform the following functions pursuant to
Book Il, Section 148 of Republic Act No. 7160, otherwise known as the Local
Government Code, and Chapter Il, Article 61 to 65 of R.A. 7394:

(a) Implement the national metrology policy at the local level;

(b) Enforce the legal metrology regulations at the local level;
(0) 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.

SEC. 12. Labelling, Verification of Quantity in Pre-Packaged Products.
— Section 10 of R.A. 9236 is hereby amended to read as follows: include conformity
to pre-packaged products requirements

“SEC. 10. Labelling. - in addition to the requirements for the labeling of
products, commodities, goods and merchandise pursuant to Republic Act No
7394, otherwise known as the “The Consumer Act of the Philippines,” the
products, commodities, goods or merchandise must contain contents and
quantities of substances, nutritional and health value and relevant other
information in units prescribed in this Act.

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.”

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SEC. 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.

SEC. 14. Laboratories and Procedures. — Section 11 of R.A. 9236 is hereby
amended to read as follows:

“SEC 11. Laboratories and Procedures. — Metrological controls
undertaken in the country shall be conducted by the Board, the National
Metrological Laboratory, THE NATIONAL METROLOGY INSTITUTE, LOCAL
METROLOGY AUTHORITIES, and other laboratories, manufacturers, and
other entities accredited under the national accreditation body [strengthened
under_this Act and_authorized-by-and-registered-with the Board.] DEFINED
UNDER SECTION 13 AND 14 OF THIS ACT. Metrological controls done
outside the country must be made by laboratories recognized by the Board

Procedures to be followed in conducting tests shall be based on national
of international standards or upon the recommendation of the Intemational
Organization of Legal Metrology (Organization Internationale de Metrology
Legale, OIML) or any other established standards recognized by the National
Metrology Board.”

SEC. 15, Mutual Recognition Arrangement (MRA). — The MRA among
countries designed to facilitate the freer movement of certified products and services,
among countries for Type Approval Procedures and Conformity Assessment shall be
formulated in the Implementing Rules and Regulation (IRR) of this Act

SEC. 16. Accrediting Body. — Section 13 of R.A. 9236 is hereby amended to
read as follows:

“SEC 13. Accrediting Body. - The laboratory accrediting body attached
to the Department of Trade and Industry (DT!) is hereby strengthened and
recognized under this Act as the national accreditation body

The laboratory accreditation body shall have the following government
agencies or offices as members:

a) Department of Trade and Industry (DTI);

b) Department of Science and Technology (DOST);
c) FOOD AND DRUG ADMINISTRATION (FDA);

d) Fertilizer and Pesticides Authority (FPA);

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e)

Environment and Management Bureau (EMB);

f) National Telecommunications Commission (NTC);

e

Department of Energy (DOE);
h) Bureau of Health Devices and Technology (BHDT); [and]
i) Department of National Defense (DND)[-]; AND

j) DEPARTMENT OF PUBLIC WORKDS AND HIGHWAYS (DPWH).”

SEC. 17. Public Information/Education and Advocacy. —A National

Metrology Training Program shall be pursued to undertake information dissemination,
education and training on Metrology.

The Research and Development Institutes, Service Institutes and Regional
Offices of the Department of Science and Technology and the Philippine Information
Agency, in collaboration with other concerned government agencies and Non-
Government Organizations shall conduct information, education and advocacy
programs to promote Metrology

SEC. 18. Penalties. — Section 17 of R.A. 9236 is hereby amended to read as
follows:

“Sec. 17. Penalties. — Any person who violates any provision of this Act
shall be penalized by imprisonment of not less than two (2) months but not more
than one (1) year or fine of not less than Five thousand pesos (Php 5,000.00)
nor more than Fifty thousand pesos (Php 50,000.00) or both upon the discretion
of the court: Provided, however, That if the violator is a corporation, firm
partnership or association, the penalty shall be imposed upon the president or
the manager of any officer thereof who knows or ought to have known the
commission of the offense: Provided, finally, That in case the offender is an
alien engaged in business in the country, his license shall be revoked and shall
be ipso facto deported after service of sentence without need of further
proceedings.

The penalties provided under this Section shall be subject to review
every five (5) years.”

The review of penalties under Section 17 of R.A. 9236 shall be subject
to review every five years following the effectivity of this Act

SEC. 19. Appropriations. — Section 18 of R.A. 9236 is hereby amended to
read as follows:

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“SEC 18. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act for the
year following its enactment and every year thereafter.

t-standard-activities—The- i it-shall-bé itted-t

ig
the National Treasury} Alll fees or income generated from the metrological
services shall be used by the Board, NMI, DOST Research and
Development Institutes (RDIs), Service Institutes and Regional Offices,
and other government offices involved in metrology activities, to augment
its funds for the regular maintenance and upkeep of metrology
instruments and needed services.

SEC. 19. Transitory Provisions. —The ITDI shall formulate a transitory
implementation plan in its IRR, for the phasing in/transfer of Metrology Division to the
NMI created under this Act, including a schedule for the application of enforcement of
the policies and regulations provided under this Act.

The National Metrology Laboratory Philippines, a division under ITDI
responsible for establishing and maintaining the national physical standards for basic
and derived quantities (mass, length, temperature, time interval, voltage and
resistance and other related metrology services) are hereby transferred to NMI
Thereafter, all powers, functions, duties, records, files and assets including plantilla
positions of the NML shall be transferred to NMI

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

SEC. 20. Implementing Rules and Regulations. — Within ninety (90) days
from the effectivity of this Act, the DOST with other concerned government
departments, agencies and representatives mentioned in Section 5 hereof shall

promulgate the necessary rules and regulations for the effective implementation of this
Act.

SEC. 21. Separability Clause. — Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this
Act.

SEC. 22. Repealing Clause. —All laws, decrees, orders, rules, and
regulations or other issuances or parts inconsistent with the provisions of this Act are
hereby repealed or modified accordingly

SEC. 23. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation
in the Philippines.

Approved.

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