'TI-IIR'rEENTI-I CONGRESS OF THE REPIJBLIC ) 
OF THE I'HlLIPPINES 
1 
'l'hird Keyular Session 
1 
~ 
Introduced by Senator Miriam Defknsor Santiago 
EXPLANATORY NOTE 
Asbcstos is classified by scientists as a catcg0.y A human carcinoycn, the highcst 
cancer hazard classilication Ibr it substance. Further, then: is no known sal'e lewl of cxposurc. to 
asbestos. fiveii low levels of exposure may causc asbestos-related diseases. such as 
mesothelioma. 
Many people incorrectly bclievc that there is no risk of c:xposurc to ashcstos through 
the llse of new commercial products. I-Iowcver, asbestos is still being used in roofing products, 
coatings, and friction products. 
Millions of workers in the Philippines have been, and continue to be. exposed to 
dangerous lcvcls of asbestos. Families of workers are also put at risk because or asbcstos brought 
home by the worlters on their shoes, clothes, skin, and hair. 
Asbestos has already hcen banned in 40 countries, including Argentina. Australia. 
Austria. Belgium, Chile, Croatia, the Czech Republic, Deninark. Estonia, Finland, Ffiincc, 
Germany, Iceland, Ircland, Italy, Japan, 1 .atvia, Luxembourg, the Netherlands, Norway, Poland, 
Portugal, Saudi Arabia, the Slovak Republic, Spain, Sweden. Switmland, and the United 
Kingdom. It was banned throughout the IBropean Union in 2005. 
Banning asbestos fiom being used in or imported into the country will provide 
ccrtaiiity to manufacturers, builders, cnvironmental firins, workers, and consunicrs that arter a 
specific date. asbestos will not be used or addcd to new construction and manufacturing 
materials used in this country. 


Introduccd by Senator Miriam I>cfcnsor Santiago 
AN ACT 
BANN 1NG Tl-llZ IMPORTATION. MANUFACTURE, PIiOC CSSING. OR I~1S?’Rl13IJ’1‘ION 
IN COMMlCRCl’ OF ASI3liS‘I‘OS-CON‘~AIN1 NG PROIXJC‘I‘S 
SECTION 1, Short Tille. . This Act shall be known i s  the “Ban Asbestos Act or2007.” 
SEClION 2. Declnrtrtion offpolicy. - It is the polcy of the State to promotc thc general 
welfidre of the people. Pursuant to this policy, this Act Shall bdll 
SEC‘fION 3. Ihfinition ofTerms. ---For purposes of this Act, the term: 
(A) “Asbestos-containing product” means any product (including i 
pat?) 
which 
asbestos is deliberately or ltnowingly added or in which asbestos is dclibcratcly or 
knowingly used in any concentration; 
“Hiopcrsistcnt durable fiber’’ means a silicate fiber that occurs natturally in the 
environment; and is similar to asbestos in resistance to dissolution; leaching; and 
other physical, chemical, or biological processes cxpcctecl from contact with lung 
cells and other cells and lluids in the human body. 
(13) 
‘fhe tcrm “biopersistcnt durable fiber” includes richtcritc; winchitc; crionite; 
and non-asbestiform varieties o€ amosite, crocidolite, antliophyllite. tremolite, and 
actinolitc. 
(C) “Containinant-itsbcstos product“ means any product that contains asbcstos as a 
contaminant of any mincral or other substance, in any concentration. 


(1.)) 
“Distribute in commerce” means an action taken with respect to an iisbcslos- 
containing product ia connection with the end use of the asbestos-containing 
product by a person that is an end user; or distribution of :i~i ashcslos-containing 
product by a pcrson solely for the purpose of disposal of the asbestos-contaillilig 
product in compliance with applicable laws; 
“Iiber” incans an acicular single crystal or similarly elongatcd polycrystalliuc 
aggregate particle with a length to width ratio oC 3 to 1 or greater; and 
(1;) 
(1;) 
“l’erson” 
means any individual, corporation, company. association, firm, 
partncrship, joint venture, sole proprietorship, or other Cor-profit or nonprolit 
business cntity (including any manufacturer, importer. distributor. or processor); or 
citiy government department, agency, or instrumentality. 
SECTION 4. Research and Reporiing. - The Department of‘ Health shall conduct a study 
and, not later than cightceii (18) months after the date of cnactmcnt of this Act, submit to 
Congress, and government departments and agencies, as appropriate. 
(A) A report containing a description of the current state of thc science rclnting to thc 
disease mechanisms and health eff‘ects of exposure to asbestos and other 
biopersistcnt durable fibers; and methods for measuring and analyzing asbestos: 
(B) A description of the current status of labeling practices rcliiting to ashestos- 
containing matcrial; and 
(C) Reconimendations for future asbestos-related disease research and exposure 
assessment practice needs. 
SIIC‘I‘ION 5 .  I’rohibilion on Bsbeslos-conluining /~roduct,Y. - The Sccrctary OC I Icalth 
shall proniulgate not later than one (1) year after the date of enactment of this Act, proposcd 
regulations that prohibit persons from importing; manufacturing. processing, or distributing in 
commerce asbestos-coirtilining products; and provide Tor implementation of‘ paragraphs 13 and C 
ofthc Scclion 4. Not later than 2 years af‘tcr thc datc of enactment ofthis Act, hc or shc shall also 
iSSlic h a 1  regtilatioils that, efl‘ective b~giJlniJlg sixty (60) days after Lhc dnic ol‘ proiiiulgation. 


prohibit persons fj.oni importing, manuhctuxing, processing, or distributing in commerce 
asbestos-containing products. 
S1::C'I'ION 6. fixxenzp,tions. - -  Any person may petition the Secretary of Ilcalth Ihr. and the 
Secretary may grant, ai exemtJtion fkom the requirements of set rorth in the preceding Section if 
the Secretary determines that the exemption would not result i n  an unrcasonablc risk of' injury to 
public licalth or the environnieiit; and thc pcrson has made good faith crforts to dcvclop, but has 
beet1 unable to dcvclop, a si.bstancc, or identif'y a mineral, that docs not prcsciit an unreasonable 
risk of injury to public health or the environment; and may be substituted Ihr an ttsbestos- 
containing product. 
An exemption granted under this Section Shall be in effect f i r  such period, riot Lo exceed 
OIIC ( I )  year, and subject to such terms and conditions as the Secretary of I lcalth may prescribe. 
The Secretary of Health shall provide an exemption from the requirements of Section 5: 
without rcvicw or limit on duration, if 
(A) The exemption for ai asbestos-containing product is sought by the Secretary of 
National 1)cfensc and the Sccretary of Defcnse certifies, and provides a copy of that 
certification to Congress, that the use or the asbestos containing product is 
necessary to the critical fuictions of the Department of National Ilcfcnsc; 
(B) No reasonable alternatives to the asbestos containing product exist for the intcnded 
purpose; and 
(C) The use of the asbestos containing product will not result in cui unreasonable risk to 
health or the environment. 
Exccpt as provided in the next preceding paragraph, and not later than two (2) years alier 
the date of enactment of'this Act, each pcrson that posscsses an asbestos-containing product that 
is subject to the prohibition established under this Section shall dispose or the ashestos- 
containing product, by a means that is in compliance with applicable national and local 
requirements. 
Nothing in paragraph this Section applies to an asbestos-coiitaiuiii~ product that is 110 
longer in the stream of commerce; or is in the possession of an end user: or requires that an 


asbestos-containing product be removed or replaced. 
SECTION 7. Public Education Pmgrmz. 
Not later than one (1) ycar after the date of 
enactment of this Act, thc Secretary of Ilcalth. in consultation with the Secrctary of Trade and 
Industry and the Sccretary of Labor, shall establish a plan to 
Increase awarcness of thc dangers posed by asbcstos-contaiiiiiig products and 
coiltaminants in homes and workplaces; and aslmtos-related discuses: 
I'rovidc current and comprchensive inforinatioii to asbcstos-relaicd disease patients, 
l'aniily members or patients, and fronl-line health care providers on the dangers of 
asbestos exposure; asbestos-related labcling infoimation; health effects of cxposure 
to asheslos; symptoms of asbestos exposurf:; and available and devcloping 
treatments for asbestos-related diseases, includiiig clinical trials; 
Encourage asbestos-related disease patients, fami iy menibcrs of patients. and hont- 
linc health care providcvs to participate in research and treatment cndcavors relating 
to asbestos; and 
Encourage hcalth care providers and researchers to provide to asbcstos-related 
disease patients and family members of patients information relating to research, 
diagnostic, and clinical treatments relating to asbestos. 
- 
In establishing the program, the Secretary of Health shall give priority to ashcstos- 
containing products and contaminant-asbestos products uscd by con~unicr~ 
and workers that 
pose the greatest risk ol'injiiry to liuman health. 
SECI'ION 8. Rescmrch on ,,l.sbe.slos-r.elulcd Discuses; ~shc.s/o.s-).e1~rt.LI 
Disccisc I?cgi.s/ry. 
- The Secretary of llcalth shall expand, intensify, and coordinate programs for the conduct and 
support of research on diseases caused by exposure to asbestos, piu.ticuliirly mesothclioma. 
asbestosis, and pleural injuries. 
Not later than one (1) year after the dritc ofenactment ofthis Act, the Secretary of Ilcalth, 
shall establish a mechanism by which to obtain, coordinate, and provide data anti spccimcns 


from cancer registries; public and private hospitals; and entities  par^ icipating in the asbestos- 
related disease research and trcatment network i n  Section 9. The d a h  and specinxiis obtained 
shall forin the basis for establishing a national clearinghouse Cor data and spcciinens rclating to 
asbestos-related diseases, with a particular cinphasis on mcsothelioini.. 
S1;C:I'ION 9. A,sheslo,s-reluled Diseuse Research and 7knlr,?enl N e l w ~ r k .  - (A) For each 
of (iscal years 2008 through 2012, the Secretary of Health, in collal loration with otlicr applicable 
governinent agencies and inslrunleIltalities, shall establish and n iaintain an asbestos-related 
disease research and treatment network (hereinafter, Nelwork') to support the detection, 
prevention, trcatment, and cure of asbestos-related diseases, with parlicular ctnphasis on 
malignant niesothelioma. 
'fhc Network shall include intramural research initiative!; of thc Ihpartnient of Ilcalth; 
md at least ten (10) extramula1 asbestos-related disease research and trcatincnt c.entcrs~ as 
selected by the Sccrctary of IIcalth in accordance with the immr,diatcly succccding paragraph. 
(B) Exiromurul A.she.Flos-Relo~~~d 
Di.seo.se Rr.seu,~~h 
und Treulmcni Cc'iiiws. 
For cadi 
fiscal year during which the Network is operated and maintained, the Secrctary of 1 lcalth sliall 
select for inclusion iii the Network not less than ten (10) nonprofit hospitals, universities, or 
incdjcal or research institutions incorporated or organized in the Philippines that, as dctcrnmincd 
by the Secretary of Health, have exenipkuy experience and qualilications in rescarch and 
treatment of asbestos-related discascs; access to an appropriatc population or patients with 
asbestos-related diseases; and axe geographically distributed throiighout thc I'hilippincs, with 
special consideration given to areas of high incidcnce of asbestos-related diseases. 
(C) Requirenzents. --- Each center selected under paragraph B above shall be clioscn by the 
Secretary of I-lcaltb altcr competitive pcer review; the conduct of lahoralory and clinical 
research, including clinical lrials, relating to meclianisins for effective thefiipeutic treatment of 
asbestos-related diseases; early detection and prevention of asbestos-rclatcd discascs: palliation 
of asbestos-related disease symptoms; and pain management with rcspcct to asbestos-related 
diseases; offer to asbestos-related disease paticiits travel and lodging assistance as iicccssary to 
accommodetc the inaxiinuin number of patients practicable; atid to servc a nua~her 01' 
patients at 


the cerrler suficient to conduct a meaninghl clinical trial; coordinate tlic I-cscarcli and trcatrncnt 
efforts of the center with other entities included in the Network. 
A center selected by the Secretary ofI?ealth shall k e included in the Network for the one 
(1) year pcriod beginning on the datc of sclcction of the center; or such longcr pcriod as the 
Secretary of Health determines to be appropriate. 
(I)) Gmfli.~. 
-- 'llie Secretary of Ilcalth shall proviclc to cach ccntcr sclcctcd Tor inclusion 
in the Network for the liscal year a financial grant to support the detection, prcvcntion, trcatincnt, 
and ciirc of asbestos-relatcd diseases, with particular etnpshasis on malignant niesothclioma. 
SI~-X'I'ION 
IO. Appropriufions ~- Such sun-.s as may be ncccssnry For the initial 
implemenlation of' this Act shall be laken from the current appropriations ol' the Ikpai-tniciit ol' 
llcalih. 'l'hcrcaftcr, thc fund neccssary to carry out thc provisions of this Act shall bc included in 
the annual General Appropyiations Act. 
SECTION 11, Repuling C'luuse. - Any lavv, presidential decree or issuance; executive 
order, presidciitial proclamation, rulc and regulation or parts thcrcoF inconsistcnl with thc 
provisions or this Act, are hereby repealed, modified, or amended accordingly. 
SECTION 12. Septrrabilily (%use. 
If any provision of this Act is dcclared 
uncoiistitulioiinl, the same shall not affect the validity and crfcctivity of the other provisioiis 
hereo f. 
SECTION 13. Ej%ctivi/y. - This Act shall lake effect fifteen (15) days a k r  its 
publication in at least two newspapers of gcncral circulation. 
Approved,