NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
)
■, i
i Z .jM
SENATE
S. No. 2977
\'\i
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROHIBITING THE DEVELOPMENT, PRODUCTION, USE, AND STOCKPILING 
OF BIOLOGICAL AND TOXIN WEAPONS, PROVIDING PENALTIES 
THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
"The COVID-19 pandemic brought the world to its knees. Now imagine 
a different kind of disease - one that is both deliberately designed and can 
race through the global population even faster. Biological weapons are not 
the product of science fiction. They are a clear and present danger.1"
The Biological Weapons Convention (BWC), formally known as the "Convention 
on the Prohibition of the Development, Production and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and on their Destruction," is considered a cornerstone 
of multilateral disarmament regime banning weapons of mass destruction (WMD). It 
entered into force on March 1975 and supplemented the 1925 Geneva Protocol which 
had prohibited only the use of biological weapons. The BWC has reached almost 
universal membership with 187 States Parties and four Signatory States.
1 United Nations Secretary-General's video message to participants of the Ninth Biological Weapons 
Convention Review Conference. 28 November 2022. Accessed through
https://www.un.org/se/en/content/sg/statement/2022-ll-28/secretarv-generals-video-messaee-participants-
of-the-ninth-bioloeical-weapons-convention-review-conference


States Parties to the BWC, including the Philippines, undertook never in any 
circumstances to develop, produce, stockpile or otherwise acquire or retain microbial 
or other biological agents, or toxins whatever their origin or method of production, of 
types and in quantities that have no justification for prophylactic, protective or other 
peaceful purposes; and weapons, equipment or means of delivery designed to use 
such agents or toxins for hostile purposes or in armed conflict.2
Aside from this, each State Party to the Convention is required, in accordance 
with its constitutional processes, to take necessary measures to prohibit and prevent 
the development, production, stockpiling, acquisition or retention of biological 
weapons within its territory, under its jurisdiction or control3.
While accelerated advancements in biotechnology have been truly beneficial in 
terms of prolonging human life and addressing health concerns, such scientific 
breakthroughs may also be diverted and misused for non-peaceful pursuits with 
catastrophic effects crossing national boundaries. This proposed measure aims to 
strengthen existing policies and complement Republic Act No 11479 or the "Anti- 
Terrorism Act of 2020" and Republic Act No. 106974 or the "Strategic Trade 
Management Act" which safeguard public safety and uphold national security.
The consideration and passage of this bill is earnestly sought.
NGGOY EJERCITO ESTRADA
2 Article I, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and on their Destruction
3 Article IV, Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and on their Destruction
4 An Act Preventing the Proliferation of Weapons of Mass Destruction by Managing the Trade in Strategic 
Goods, the Provision of Related Services, and For Other Purposes


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
)
SENATE
s. No. 2977
TR
i'
riR.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROHIBITING THE DEVELOPMENT, PRODUCTION, USE, AND STOCKPILING 
OF BIOLOGICAL AND TOXIN WEAPONS, PROVIDING PENALTIES 
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
CHAPTER I
2 
GENERAL PROVISIONS
3 
Section 1. Short Title. - This Act shall be known as the "Biological and Toxin
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Weapons Act."
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Sec. 2. Declaration of Policy. - It is the policy of the State to protect and
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promote the right to health of the people and to adopt the generally accepted
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principles of international law as part of the law of the land by preventing and
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prohibiting any development, production, stockpiling, acquisition, use, retention,
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and/or transfer of biological agents or toxins for hostile purposes, under any
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circumstances, consistent with the 1972 Biological and Toxin Weapons Convention
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and other relevant international commitments.
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Sec. 3. Scope and Coverage. -This Act shall cover:
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a) The development, production, stockpiling, acquisition, use, retention, and/
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or transfer of biological agents and toxins, including biological weapons and
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their facility; and.


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b) Facilities or persons that will handle the biological agents and toxins, and 
the manner/ handling of transfer in accordance with internationally accepted 
standards, of any natural or juridical person operating within the Philippines, 
who engage or intend to engage in the development, production, 
stockpiling, acquisition, use, retention, transport or transfer of certain 
biological agents and toxins, and/or control the transfer of certain dual-use 
biological equipment and technology.
Sec. 4. Definitions. - As used in this Act:
a) "Acquire"shdW mean to come into possession or control of biological and/or 
toxin weapons, regardless of the means it was acquired.
b) "BiologicaiAgent"shaW mean:
i) 
any micro-organism (including any bacterium, virus, fungus, 
rickettsia and parasite), any infectious substance (including any 
prion), any component of a micro-organism or an infectious 
substance (but not including any toxin); or
ii) 
any bioengineered component of any such microorganism, virus, 
infectious substance or biological by-product that is capable of 
causing death, disease, or other biological malfunction in human, 
animal, and plant.
c) "Bioiogicai Weapon"shaW mean:
i) 
microbial or other biological agents, or toxins whatever their origin 
or method of production, of types and in quantities that have no 
justification for prophylactic, protective or other peaceful purposes; 
or
ii) 
weapons, equipment or means of delivery designed to use such 
agents or toxins for hostile purposes or in armed conflict.
d) "Biosecurity" shall mean strategic and integrated approach that 
encompasses the policy and regulatory frameworks including instruments 
and activities for analyzing and managing relevant risks to human, animal, 
plant life and health, to the environment, and to the economy. It shali also 
include the implementation of measures to prevent the loss of control over 
any biological material which may be liable to misuse and the development


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of a coordinated response designed to restore control and minimize harm 
where such a loss has occurred.
e) "Controlled biological agents and toxins //5f"shall refer to the list developed 
by the National Authority based on threats to national security, public health 
and safety, and economic impact, under the following criteria:
i) 
effect of exposure on human, animal, or plant health, or on animal 
or plant products;
ii) 
degree of contagiousness and method of transmission;
iii) 
availability and effectiveness of pharmacotherapies and 
immunizations; and
iv) 
other criteria deemed appropriate, including the risk-group approach 
of the World Health Organization, World Organization for Animal 
Health, and the International Plant Protection Convention provided 
that the National Authority shall publicly disclose and explain the use 
of any such criteria.
The "controlled biological agents and toxins list" shall be included in the 
implementing rules and regulations issued pursuant to this Act, and shall be 
periodically reviewed and modified as necessary by the National Authority.
f) 
"Develop"shaW mean the creation of biological and/or toxin weapons.
g) "Equipment" shall refer to tools used in the development, production, 
acquisition, stockpiling, retention or transferring of biological agents and/or 
toxins,
h) "JuridicalPerson"shaW mean:
i) 
a group of persons, partnership, corporation, association, form, or 
other legal entity recognized by law and which is granted a juridical 
personality separate and distinct from that of the shareholders, 
partner, or member; or
ii) 
the State or any of its political subdivisions, including government- 
owned or controlled corporations.
i) 
"Manufacture" shall mean the production of biological and/or toxin 
weapons.


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j) 
"National Authority" shall mean the lead interagency body in the 
impiementation of the provisions of this Act, and shail be the national 
coordinating body for effective iiaison with the Impiementing Support Unit 
(ISU) and other State Parties to the BTWC.
k) "Person"s\\d\\ mean any natural or juridical person.
l) 
"Technology" shall refer to information and processes necessary for the 
deveiopment, production, acquisition, stockpiling, retention or transferring 
of bioiogicai agents and/or toxins, and may take such forms as biueprints, 
plans, diagrams, models, formulae, tables, engineering designs and 
specifications, manuals, and instructions written or recorded on other media 
or devices such as disk, tape, read-only memories.
m) "Territory" shaW mean any area within the Republic of the Philippines, or 
under its jurisdiction or control.
n) "Toxin" shall mean any poisonous substance that is produced and/or 
extracted from any organisms.
o) "Transfer"shaW mean the act of moving domestically the biological agent 
and toxin, equipment, and/or technologies, agreeing to move them, any 
supporting services being provided to the transport provider, and any other 
act calculated to promote their supply or delivery if this contributes to WMD, 
or means of their delivery, or to prohibited/restricted end-users.
p) "Weapons of Mass Destruction" shall refer to chemical, biological, 
radiological and nuclear weapons which are capable of a high order of 
destruction or causing mass casualties. It excludes the means of 
transporting or propelling the weapon where such means is a separable and 
divisible part from the weapon.
CHAPTER II 
BIOSECURITY
Sec. 5. Controlled biological agents, toxins, equipment and technology. -
a) There shall be a list of controlled bioiogicai agents, toxins, equipment and 
technology. The National Authority shall establish, consolidate, review and 
maintain such list.


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b) The National Authority shall initially adopt the National Biological Materials 
of Concern List (controlled biological agents and toxins) and National 
Strategic Goods List (controlled equipment and technology) and shall 
periodically review and modify as necessary.
Sec. 6. Licensing for controlled biological agents and toxins. -
a) Every person or entity that develops, acquires, manufactures, possesses, 
transports, transfers or uses controlled biological agents or toxins for 
peaceful purposes, research, propagation and processing must have a 
license issued by the National Authority. The implementing rules and 
regulations shall prescribe the requirements, procedures, and other 
parameters for the issuance thereof.
b) Every person seeking a license shall comply with the biosecurity and 
biosafety regulations issued under this Act and its implementing rules and 
regulations such as submission of facilities and personnel engaged in the 
development, acquisition, manufacture, possession, transport, transfer or 
use of controlled agents or toxins, to include research, propagation and 
processing.
c) No license shall be required for reasons of public health, agricultural 
emergencies, evidentiary purpose, and products licensed under food, drugs, 
pesticides or other similar laws.
d) Immediate notice shall be given to the appropriate law enforcement agency 
of any theft, loss or release of controlled agents or toxins.
Sec. 7. Domestic Transfer of Controlled Agents and Toxins. -
a) The National Authority shall prescribe measures for a secured, safe, and 
closely monitored transfer of controlled agents and toxins.
b) Controlled agents and toxins shall only be transferred by licensed persons 
and entities and their identified facilities within the territory of the Republic 
of the Philippines.
c) All proposed domestic transfers of controlled agents and toxins shall be 
subject to advance notification to the National Authority.
d) Domestic transfer of controlled agents and toxins shall only be undertaken 
by licensed carriers by the National Authority.


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e) Carriers licensed to transport controlled agents and toxins domestically shall
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immediately notify the appropriate law enforcement agency of any theft,
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loss or release of controlled agents or toxins.
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Any violation of the security protocols in Sections 6 and 7 shall be punishable
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under Chapter IV of this Act, without prejudice to the applicable provisions of the
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STMA.
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Sec. 8. Inspections and investigations. -
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a) To ensure compliance with this Act and all applicable biosecurity measures,
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the implementing agencies shall facilitate the conduct of inspections and
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investigations of all licensed individuals, entities, and carriers.
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b) The implementing agencies shall designate inspectors whose powers shall
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be prescribed in the implementing rules and regulations of this Act.
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c) In case of any violation of this Act, licensed individuals, entities and carriers
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shall provide all records required by the implementing agencies'
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investigators.
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Sec. 9. Search, seizure, forfeiture and destruction. -
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a) The implementing agencies shall apply for a warrant with the proper courts
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for the search and seizure of any biological agent or toxin or equipment or
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technology or facility and property associated with any activity prohibited
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under this Act.
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b) Seized property shall be forfeited to the Government after due notice and
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hearing.
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c) The implementing agency may authorize the destruction or other
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appropriate disposition of any biological agent or toxin or equipment or
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technology or facility and property seized and forfeited under this section
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upon approval of the court.
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d) In the event of imminent danger to public health or national security, the
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implementing agency may authorize the destruction or disposition of the
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seized biological agents or toxins, equipment, and technology in accordance
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with appropriate guidelines.


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The Anti-Money Laundering Council (AMLC), either upon its own initiative or at
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the request of the National Authority, is hereby authorized to issue an ex parte order
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to freeze without delay:
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a) any property or funds that are in any way related to any violations of Section
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11 of this Act; and
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b) property or funds of any person or persons in relation to whom there is
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probable cause to believe that such person or persons are committing or
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attempting or conspiring to commit, or participating in or facilitating the
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commission of any violations of Section 11 of this Act.
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The freeze order shall be effective for a period not exceeding twenty (20) days.
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Upon a petition filed by the AMLC before the expiration of the period, the effect!vity
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of the freeze order may be extended up to a period not exceeding six (6) months upon
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order of the Court of Appeals: Provided, That the 20-day period shall be tolled upon
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filing of a petition to extend the effectivity of the freeze order.
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The property or funds subject of the freeze order under the immediately
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preceding paragraph shall be the subject of civil forfeiture proceedings, if warranted,
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as provided under Republic Act No. 9160, as amended.
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The Anti-Money Laundering Council (AMLC), either upon its own initiative or at
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the request of the National Authority, is also hereby authorized to investigate:
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a) any property or funds that are in any way related to any violations of Section
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11 of this Act; and
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b) property or funds of any person or persons in relation to whom there is
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probable cause to believe that such person or persons are committing or
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attempting or conspiring to commit, or participating in or facilitating the
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commission of any violations of Section 11 of this Act.
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For purposes of this section and notwithstanding the provisions of Republic Act
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No. 1405, otherwise known as the "Law on Secrecy of Bank Deposits", as amended;
28 
Republic Act No. 6426, otherwise known as the "Foreign Currency Deposit Act of the
29 
Philippines", as amended; Republic Act No. 8791, otherwise known as "The General
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Banking Law of 2000" and other laws, the AMLC is authorized to inquire into or
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examine deposits and investments with any banking institution or non-bank financial
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institution and their subsidiaries and affiliates without a court order.


1 
CHAPTER III
2 
IMPLEMENTING STRUCTURE AND MECHANISM
3 
Sec. 10. Establishment, mandate and enforcement powers of the National
4 
Authority on Biological and Toxin Weapons (BTW). -
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a) A National Authority shall be established for the enforcement of this Act and
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its implementing rules and regulations. The Anti-Terrorism Council (ATC) is
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hereby designated as the National Authority.
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b) The National Authority shall be chaired by the Executive Secretary and the
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Department of Foreign Affairs shall be the Secretariat.
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c) It shall be composed of the nine (9) regular ATC members and the following
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Cabinet Secretaries from the following departments:
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i) 
Department of Health;
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ii) 
Department of Trade and Industry;
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Hi) 
Department of Environment and Natural Resources; and
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iv) 
Department of Agriculture;
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The National Authority may invite in its deliberations the participation of
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representatives from the academe, civil society, and the private sector.
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d) The National Authority shall perform the following functions:
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i) 
Formulate policies and programs for the implementation of the Act
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and in the fulfilment of the country's obligations to the Convention;
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ii) 
Ensure the establishment 
of minimum biosecurity standards,
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protocols, and procedures by the implementing agencies;
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iii) 
Monitor and evaluate the 
enforcement of 
this Act 
and its
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implementing rules and regulations;
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iv) 
Provide policy advice to the President on matters relevant to this Act;
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and,
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v) 
Perform any other tasks related to the implementation of this Act and
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of the Biological and Toxin Weapons Convention.
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e) The National Authority shall designate implementing agencies to issue
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license, transfer, transport, inspect, investigate, search, seize, dispose
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and/or destroy BTW - related goods if there are no existing agencies
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mandated to do so.


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CHAPTER IV
OFFENSES AND PENALTIES
Sec. 11. Offenses. -
a) It shall be unlawful for any person, with or without intent to gain, to
knowingly and intentionally:
1) develop, produce, acquire, stockpile, use, retain or transfer, directly or 
indirectly, any biological weapon;
2) engage in preparations to use any biological weapon;
3) construct, acquire or retain any facility intended for the production of 
biological weapons;
4) weaponize any biological agent or toxin;
5) release biological agents or toxins for the purpose of causing death, 
injury to human beings, animals or plants;
6) develop, produce, acquire, possess, manufacture, stockpile or retain, 
transfer or use controlled biological agents or toxins without a license 
granted for the purpose by the appropriate authority or in violation of 
the conditions of the license or in violation of any other provision under 
this Act;
7) transfer controlled biological agents or toxins within the Philippine 
territory to unlicensed individuals or entities, or fail to notify the 
appropriate authority of such transfer;
8) fail to transfer controlled biological agents or toxins domestically 
through an approved carrier or fail to comply with any other provision 
of Section 7 of this Act;
9) tamper with any facility, package, or containment vessel containing 
controlled agents or toxins in order to cause their release; or
10) divert or steal controlled biological agents or toxins from a facility or 
authorized transport vehicle, or use or take control of an authorized 
transport vehicle containing controlled biological agents or toxins so as 
to cause its release;
11) construct, acquire or retain any facility designed or intended for the 
manufacture of or research on any controlled biological agent or toxin.


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except in accordance with this Act and its implementing rules and 
regulations issued or any other relevant laws;
12) fail to provide data, information or document to the appropriate 
authority, or make false or misleading statement in relation to any data, 
information, document or report prepared pursuant to this section;
13) omit any matter, knowing that such omission makes the data, 
information, document or report false or misleading;
14) obtain data, information, documents or reports issued, and 
communicate the data, information, documents or reports to any other 
person without written consent, except:
i) 
for the purpose of enforcement or application of this Act, 
including criminal investigations and intelligence assessments;
ii) 
in pursuance to international obligations of the Republic of the 
Philippines; or
iii) 
to the extent that the data, information, documents or reports 
are required to be disclosed or communicated in the interest of 
pubiic safety.
15) obstruct, cause hindrance, resistance, deception or provide false or 
misleading information to the inspector or person/s accompanying him 
during inspection of licensed facilities.
b) Financing - It shaii also be unlawful for any person to, directly or indirectly, 
willfully and without lawfui excuse, possess, provide, coiiect or use property 
or funds or make avaiiable property, funds or financiai service or other 
related services, by any means, with the uniawfui and wiilful intention that 
they should be used or with the knowledge that they are to be used, in full 
or in part to develop, produce, acquire, stockpile, use, retain or transfer, 
any biological weapon.
c) Unlawful Activities to Money Laundering - The offenses under Section 11 
(a) of this Act shall be unlawful activities to money iaundering under 
Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act 
of 2001, as amended.
Sec. 12. Penalties. -
10


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a) The penalty of life imprisonment without benefit of a parole, and a fine 
ranging from Three (3) million to Five (5) million pesos shall be imposed 
upon any person found guilty for violations of Section 11(1) to (5) of this 
Act. The same penalty shall be imposed upon any person who shall order, 
direct, induce, finance anyone to engage in any of the acts under Section 
11(1) to (5) of this Act. If the acts result to death, serious injuries or 
destruction to properties and the environment, he/she, in addition to the 
penalty imposed, shall be fined ten (10) million pesos.
b) The penalty of twelve (12) years and a fine ranging from One (1) million to 
Three (3) million pesos shall be imposed upon any person found guilty for 
violations of any of the acts or omissions under Section 11(6) to (15) of this 
Act.
c) Any person, who, not being a principal under Article 17 of the Revised Penal 
Code, cooperates in the execution of the acts punished under Section 11(1) 
to (5) of this Act shall be considered an accomplice and shall suffer the 
penalty of imprisonment of 20 years and a fine of Three (3) million pesos 
(P3,000,000.00).
d) Any person, who having knowledge of the commission of the acts prohibited 
and without having participated therein, either as principal or accomplice 
under Articles 17 and 18 of the Revised Penal Code, takes part subsequent 
to its commission in any of the following manner:
i) 
by profiting himself of assisting the offender to profit by the effects 
of the crime; or
ii) 
by concealing or destroying the body of the crime of the effects, or 
instruments thereof, in order to prevent its discovery; or
iii) 
by harboring or concealing or assisting in the escape of the principal 
or conspirator of the crime;
shall be considered an accessory and shall suffer the penalty of 
imprisonment of twelve (12) years and a fine of Two million pesos (P 
2,000,000.00).
e) If any of the offenses under Section 11 is committed by a partnership, 
corporation, association or any other juridical person, the penalty of life
11


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imprisonment without the benefit of parole and a fine of Ten million pesos
2 
(P10,000,000.00) shall be imposed upon the partner, president, director,
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manager, or any responsible officer who participated in the commission of
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the offense, or knowingly permitted, or failed to prevent its commission.
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f) If the offender is a public official or employee, he or she shall, in addition
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to the imposable penalties, suffer dismissal from the service, forfeiture of
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retirement benefits, cancellation of any government eligibility and perpetual
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disqualification from holding public office.
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CHAPTER V
10 
EXTRATERRITORIAL APPLICATION
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AND INTERNATIONAL LEGAL COOPERATION
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Sec. 13. Application outside Philippine Territory. -This Act shall apply to any
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natural or juridical person in the territory of the Republic of the Philippines and shall
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extend to:
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a) any Filipino citizen outside the territorial jurisdiction of the Philippines who
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commits any of the offenses defined and penalized under this Act;
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b) any individual person who, although physically outside the territorial limits
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of the Philippines commits any of the offenses under this Act on board
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Philippine ship or airship;
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c) stateless persons whose habitual residence is the territory of the Republic
21 
of the Philippines.
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Sec. 14. International Legal Cooperation and Assistance. -
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a) Any offense set forth in this Act shall be deemed to be included as an
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extraditable offense in any extradition treaty between the Republic of the
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Philippines and other States, if punishable under the laws of the other
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contracting State.
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b) The National Authority may collaborate with other State authorities and
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international organizations to provide and/or receive relevant data or
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information, and coordinate appropriate actions, regarding:
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i) 
the development, acquisition, manufacture, possession, transport,
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transfer or use of controlled biological agents and toxins;
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ii) 
the controlled biological equipment and technology;
12


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iii) the persons involved with items under subsections (a) and (b) for
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crime prevention and criminal proceedings in the implementation of
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this Act.
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c) If a State has entered into the appropriate reciprocity agreement with the
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Republic of the Philippines, the National Authority may provide, on its own
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initiative or on request, the data or information described in subsection (b)
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to that State so long as the other competent State authority provides
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assurances that such data or information shall:
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i) only be utilized for purposes consistent with this Act; and
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ii) only be used in criminal proceedings on the condition that they are
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obtained in accordance with those provisions governing international
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judicial cooperation.
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d) The National Authority may provide the data or information to international
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organizations if the conditions set forth in subsection (c) are fulfilled, in
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which case the requirement for a reciprocity agreement is waived.
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e) None of the offenses in Chapter II of this Act shall be considered, for the
17 
purposes of extradition or legal cooperation and assistance under this
18 
section, as a political offense or as an offense connected with a political
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offense or as an offense inspired by political motives.
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CHAPTER VI
21 
FINAL PROVISIONS
22 
Sec. 15. Implementing Rules and Regulations. -The National Authority, with
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participation of DOH, DOJ, and other appropriate agencies, shall promulgate the
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implementing rules and regulations to carry out the provisions of this Act within ninety
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(90) days after its effectivity.
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Sec. 16. Separability Clause. - If any provision of this Act is held to be invalid
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or unconstitutional, the provisions not otherwise affected shall remain valid and
28 
effective.
29 
Sec. 17. Suppletory Application. - For purposes of this Act, the Revised Penal
30 
Code and other applicable laws shall have suppletory application.
31 
Sec. 18. Repealing Clause. - All laws, decrees, executive orders, rules and
32 
regulations and other issuances or parts thereof which are inconsistent with the
13


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provisions of this Act are hereby repealed, amended or modified accordingly, except
2 
the provisions of Republic Act 10697 or the Strategic Trade Management Act of 2015.
3 
Sec. 19. Effectivity Clause. -This Act shall take effect fifteen (15) days after its
4 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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