Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5437

HOUSE BILL NO.

Introduced by Rep. Winston “Winnie’

stelo

EXPLANATORY NOTE

On 11 March 2017, a number of students and personnel of the Manila Science
High School (MSHS) have been accidentally exposed to certain dangerous substances
including mercury. This incident prompted advocacy group BAN Toxics to call for the
immediate implementation of a ban on the use and storage of ‘mercury in schools and
the initiation of an investigation by the Department of Education.’

The call for banning mercury is meritorious. It must be noted that the MSHS
incident is not the first case of mercury spill in an educational institution. In 2006, at
least 24 students of St. Andrew's School, Paranaque also fell ill and were sent to the
hospital after being exposed to mercury that was meant for a laboratory experiment. It is
unfortunate that after more than a decade since then, our school children are still in
danger of being exposed to the adverse effects of mercury spill.

Exposure to mercury — even small amounts — may cause serious health
problems, and is a threat to the development of the child in utero and early in life.

lungs, kidneys, skin and eyes. Mercury is considered bj
(WHO) as one of the top ten chemicals or groups of
concern.’

‘ DepEd investigates Manila Science High Sch6of mercury spill, 25 March 2017.

http://www. rappler.com/nation/165168-deped-mshs-mercury-spill
WHO Media Centre, Mercury and Health Fact Sheet.

http://www. who. int/mediacentre/factsheets/fs36 1/en/. Accessed on 31 March 2017.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5437

HOUSE BILL NO.

Introduced by Rep. Winston “Winnie” Castelo

AN ACT PROHIBITING THE USE, PURCHASE AND STORAGE OF ELEMENTAL
MERCURY IN ALL PUBLIC AND PRIVATE SCHOOLS AND OTHER EDUCATIONAL
INSTITUTIONS AND FOR OTHER PURPOSES

Be it enacted in the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Safe Schools Mercury
Reduction Act.”

SEC. 2. Declaration of Policy. — |t shall be the policy of the State to protect its
citizens from the effects of toxic chemical substances that present unreasonable risk
and/or injury to health or the environment by prohibiting the use, purchase and storage
of mercury and instruments containing mercury in all public and private schools and
other educational institutions.

SEC. 3. Prohibition of the Use of Elemental Mercury. — Except as otherwise
provided in this section, no public or private school or educational institution in the
country shall purchase, use, or store any quantity of elemental mercury for any purpose,
nor purchase, use or store any instrument which contains mercury including but not
limited to, thermometers, barometers, sphygmomanometers, and manometers. If no
acceptable mercury-free alternative exists for any instrument prohibited under this Act, a
school or educational institution may use such type of instrument provided that it
contains the lowest mercury content readily available in the market.

SEC. 4. Disposition of Mercury and Mercury-containing Instruments. -- All public
and private schools and other educational institutions in the country shall dispose of any
existing quantity of elemental mercury and instruments containing the same in a manner
to be determined by the Department of Health (DOH), Department of Environment and
Natural Resources (DENR), the Department of Education (DepEd), and the
Commission on Higher Education (CHED), in the implementing rules and regulations,
which shall be the least harmful to the environment and in accordance with prescribed
international standards.


SEC. 5. Information Campaign. —The agencies tasked to promulgate the
implementing rules and regulations of this Act shall compile, produce, and distribute to
all public and private schools and other educational institutions in the country, materials
explaining the hazards associated with the exposure to elemental mercury and the
actions that may be taken to reduce such hazards.

SEC. 6. Penalties. — Any person or entity who shall violate any provision of this
Act shall, upon conviction, be meted with the penalty of not less than three (3) years of
imprisonment and/or a fine of not less than Fifty thousand pesos (P50,000.00) but not
exceeding (P500,000.00) or both, at the discretion of the court, if the violation resulted
to injury to health. In case of death, the maximum penalty shall be imposed

SEC. 7. Implementing Rules and Regulations. ~ Within ninety (90) days from the
promulgation of this Act, the DOH, in consultation with the DENR, the DepEd, and the
CHED, shall issue and promulgate the rules and regulations needed to implement the
provisions of this Act.

SEC. 8. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the provision not otherwise affected shall remain valid
and subsisting.

SEC. 9. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or
inconsistent with, the provisions of this Act is hereby repealed, modified or amended
accordingly.

SEC. 10. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Approved,