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Eighteenth Congress
First Regular Session

HOUSE BILL NO. 1032

Introduced by Representative JOEY SARTE SALCEDA

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

EXPLANATORY NOTE

This proposed legislation builds on Republic Act No. 9236, also known as “National
Metrology Act of 2003”. In consonance with the objectives set forth under RA 9236, 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 modemization 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.

This bill supports the harmonization of national metrological standards with
international standards, mutual recognition arrangements and statistical controls as envision
in the ASEAN economic integration, the World Trade Organization (WTO) and international
agreements and covenants resulting to globally competitive and quality products and services
that conforms with national standards. In addition this bill will accord 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 the policy, technical,
administrative supervision and control of the Department of Science and Technology.


‘The National Metrology Board under Section 5 of RA 9236, shall be strengthened to
include the Secretary/Chairman or the duly authorized representative of the following
agencies/offices:

In view of the foregoing, the passage of this bill is earnest!

Department of Energy (DOE)

Department of Public Works and Highways (DPWH)
Department of National Defense (DND)

Committees on Science and Technology of the Senate and House of
Representatives



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 1032

Introduced by Representative JOEY SARTE SALCEDA

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 House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. — This Act shall be known and cited as the “Enhanced
Measurement Infrastructure System (NMIS) Act of 2019”

SEC. 2. Declaration of Policies. — 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 R.A. 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 RA 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 metrology authorities at the local level;

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

of metrology.

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

SEC. 5. Definition of Terms. — Section 3 of RA 9236 is hereby expanded to include

the following:

(a) Accreditation — 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:

1) calibration laboratories to perform traceable calibrations and measurements;
2
3)
4) Certification bodies which perform product certification, quality systems

testing laboratories;

inspection bodies; and

certification or certification of personnel.

(b) Conformity Assessment — demonstration that specified requirements relating to a
product, process, system, person or body are fulfilled.

(c) DOST Regional Offices — serve as 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.


(d) DOST Research and Development Institutes (RDIs) - DOST agencies concerned
with basic and applied research on various S&T fields.

(©) DOST Science and Technology Service Institutes - DOST agencies providing
science and technology-related services.

(£) Emerging or enabling technologies — include biotechnology / Genomics, Material
Science, nanotechnology, Photonics, Metrology in Chemistry, Space technology
applications.

(g) Local Metrology Authority (LMA) — the office or person responsible in the
implementation of legal metrological controls at the local level, i.e. LGUs

(h) Mutual Acceptance Arrangement (MAA) — is an arrangement among conformity
certificate issuing authorities providing confidence in test and examination results
through a formal and mandatory peer evaluation process

(i) Mutual Recognition Arrangement (MRA) — is an arrangement among countries
designed to facilitate the freer movement and employment of qualified and
certified personnel between countries

(j) Pre-Packaged Products — 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 offer for sale. The quantity of the product
contained cannot be changed without the pre-package being opened or doing a
perceptible modification.

(k) Stakeholders — as used in this Act shall refer to all individuals and entities
involved in any metrological activities and processes

(\) Type or Pattern Approval on Measuring Instruments as defined in R.A. 9236 -
shall refer to conformity assessment procedure on one or more specimens of an
identified type (pattern) of measuring instruments which results in an evaluation
report and/or an evaluation certificate.

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 NMB shall have oversight function over the NML.


The NMI, in coordination with the Department of Budget and Management and the
Civil Service Commission, 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 have
the following functions:

(a) Establish 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;

(c) Harmonize qualifications of stakeholders for licensing of verifiers;

(d) Adopt the Mutual Recognition Arrangements (MRA);

(©) 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) Adapt OIML Recommendations to legal metrology regulations as well as
alignment with international traceability and conformity standards;

(h) Provide administrative support to the National Metrology Board 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.

SEC. 8. Strengthening the National Metrology Board. - The National Metrology
Board under Section 5 of RA 9236, shall be strengthened to include the Secretary/Chairman
or the duly authorized representative of the following agencies/offices:

(a) Department of Energy (DOE)

(b) Department of Public Works and Highways (DPWH)

(c) Department of National Defense (DND)

(d) Philippine Information Agency (PIA)

(e) Committees on Science and Technology of the Senate and House of

Representatives


The third paragraph of Section 5 of R.A. 9236 is hereby amended as follows:
“The NMB Secretariat including its plantilla positions is hereby transferred
from the Industrial Technology Development Institute (ITDI) to the Office of
the DOST Secretary.”

SEC. 9. Functions, Duties and Responsibilities of the Board. — Section 6 of RA 9236

is hereby amended to include the following:

(a) To ensure the execution of the upkeep and conservation of national primary and
secondary standards in conformity with the Board-Authorized Units; To
guarantee the use in the country of a uniform system of units and measurement
standards of physical and chemical quantities;

(b) To 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;

(c) To warrant that the accuracy and application of quantities and similar
metrological requirement are met in all commercial, economic, scientific,
technical and similar endeavors;

(d) To approve rates for the metrological work and similar calibration services
rendered by the NMIS, DOST Regional Metrology Laboratories and other
government metrology laboratories;

(¢) To ensure that type approval of measuring instruments are carried out by NMI
and other competent laboratories;

(f) 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; and

(g) 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). - Pursuant to the
Chapter Il, Art. 61-65 of R.A. 7394, also known as, the Consumer Act of the Philippines, and
to ensure consumer protection and safety from inaccurate and false measurements of
consumers products, goods and services, the DTI, through their regional and provincial

5


offices shall coordinate and monitor the implementation of the national metrology policy at
the local level.

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. — Pursuant to Section 148 of
Book II of the Local Government Code or R.A. 7160 and Chapter Il, Art. 61-65 of R.A.
7394, each LGU through their Treasurer’s Office shall be tasked to perform the following
functions:

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

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

(c) 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 RA 9236 is hereby amended to include conformity to pre-packaged products requirements.
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.

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 1 lof R.A. 9236 is hereby amended.
Metrological controls undertaken in the country shall be conducted by the NMI, LMAs,
accredited laboratories, manufacturers and other entities accredited by the Philippine
Accreditation Bureau (PAB), as defined under Sections 13 and 14 of RA 9236.


SEC. 15. Mutual Recognition Arrangement (MRA). - The Philippines shall enter into
international agreements recognizing the equivalence of national measurement standards, and
legal metrology systems and controls of countries that are signatories of the Global Mutual
Recognition Arrangements such as those issued under the International Committee of
Weights and Measures (CIPM MRA). Also, the Philippines shall participate in international

legal metrology conformity assessment systems.

SEC. 16. Accrediting Body. — Section 13 of RA 9236 is hereby amended to include
the Department of Public Works and Highways (DPWH), as member of the Accrediting
Body.

SEC. 17. Education and Public Information / Advocacy. — A National Metrology
Training Center attached to the NMI shall be established to undertake information education
and training on Metrology.

In addition, the NMI, in collaboration with the Philippine Information Agency (PIA)
and other concerned government agencies, shall conduct information, education and
advocacy programs to promote Metrology.

SEC. 18. Penalties. - The penalties provided under Section 17 of R.A. 9236 shall be
subject to review every five years following the effectivity of this Act and amended
accordingly.

SEC. 19. Appropriations. ~ The second paragraph of Section 18, RA 9236 is hereby
amended as follows:

All fees collected / income generated from metrological services shall be used by the
Board, NMI, DOST Research and Development Institutes (RDIs), Service Institutes and
Regional Offices, and other government offices performing metrology services, to augment
its funds for their operation and other metrology-related functions and activities.

SEC. 20. Transitory Provisions. ~ The National Metrology Laboratory Philippines
(NML Phil), a division under ITDI responsible for establishing and maintaining the national
physical standards for basic and derived quantities, is hereby transformed into the NMI.


Thereafter, all powers, functions, duties, records, files and assets including plantilla positions
of the NML shall be transferred to the NMI.

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

The ITDI shall formulate a transitory implementation plan in its IRR, for the phasing
in/transfer of the NML Phil to the NMI created under this Act, including a schedule for the
implementation and enforcement of the policies and regulations provided under this Act.

SEC, 21, Implementing Rules and Regulations (IRR). - The DOST with other
concerned government departments, agencies and representatives mentioned in Section 8
hereof shall within ninety (90) days from the effectivity of this Act issue the necessary
implementing rules and regulations of this Act.

SEC. 22. Separability Clause. — If for any reason, any provision of this Act is
declared unconstitutional, the other sections or provisions hereof which are not hereby

affected shall continue to be in full force and effect.

SEC. 23. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or
portions thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 24, Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,