SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
NOV 26 P 6 :34 
SENATE 
S. No. 
2471 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
BANNING THE IMPORTATION, MANUFACTURE, PROCESSING, OR 
DISTRIBUTION IN COMMERCE OF ASBESTOS-CONTAINING PRODUCTS 
EXPLANATORY NOTE 
Asbestos is classified by scientists as a category A human carcinogen, the 
highest cancer hazard classification for a substance. Further, there is no known safe 
level of exposure to asbestos. Even low levels of exposure may cause asbestos-
related diseases, such as mesothelioma. 
Many people incorrectly believe that there is no risk of exposure to asbestos 
through the use of new commercial products. However, 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 levels of asbestos. Families of workers are also put at risk 
because of asbestos brought home by the workers on their shoes, clothes, skin, and 
hair. 
Asbestos has already been banned in 40 countries, including Argentina, 
Australia, Austria, Belgium, Chile, Croatia, the Czech Republic, Denmark, 
Estonia, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Latvia, 
1 


Luxembourg, the Netherlands, Norway, Poland, Portugal, Saudi Arabia, the Slovak 
Republic, Spain, Sweden, Switzerland, and the United Kingdom. It was banned 
throughout the European Union in 2005. 
Banning asbestos from being used in or imported into the country will 
provide certainty to manufacturers, builders, environmental firms, workers, and 
consumers that after a specific date, asbestos will not be used or added to new 
construction and manufacturing materials used in this country.' 
1 This bill was originally filed on the 13 1h Congress, Third Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 
2471 
Introduced by Senator Miriam Defensor Santiago 
'14 
NOV 26 P6 :34 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
1 
AN ACT 
2 
BANNING THE IMPORTATION, MANUFACTURE, PROCESSING, OR 
3 
DISTRIBUTION IN COMMERCE OF ASBESTOS-CONTAINING PRODUCTS 
4 
SECTION 1. Short Title. ~ This Act shall be known as the "Ban Asbestos 
5 
Act." 
6 
SECTION 2. Declaration of Policy. ~ -. It is the policy of the State to 
7 
promote the general welfare of the people. 
8 
SECTION 3 .. Definition of Terms. ~ For purposes of this Act, the term: 
9 
A. "Asbestos-containing product" means any product (including any part) to 
10 
which asbestos is deliberately or knowingly added or in which asbestos is 
11 
deliberately or knowingly used in any concentration; 
12 
B. "Biopersistent durable fiber" means a silicate fiber that occurs naturally 
13 
in the environment; and is similar to asbestos in resistance to dissolution; 
14 
leaching; and other physical, chemical, or biological processes expected 
15 
from contact with lung cells and other cells and fluids in the human body. 


1 
2 
The term "biopersistent durable fiber" includes richterite; winchite; 
erionite; 
and 
non-asbestiform 
varieties 
of amosite, 
crocidolite, 
3 
anthophyllite, tremolite, and actinolite. 
4 
C. "Contaminant-asbestos product" means any product that contains 
5 
asbestos as a contaminant of any mineral or other substance, in any 
6 
concentration. 
7 
D. "Distribute in commerce" means an action taken with respect to an 
8 
asbestos containing product in connection with the end use of the 
9 
asbestos-containing product by a person that is an end user; or 
10 
distribution of an asbestos-containing product by a person solely for the 
11 
purpose of disposal of the asbestos-containing product in compliance 
12 
with applicable laws; 
13 
E. "Fiber" means an acicular single crystal or similarly elongated 
14 
polycrystalline aggregate particle with a length to width ratio of3 to 1 or 
15 
greater; and 
16 
F. "Person" means any individual, corporation, company, association, firm, 
17 
partnership, joint venture, sole proprietorship, or other for-profit or 
18 
nonprofit business entity (including any manufacturer, importer, 
19 
distributor, or processor); or any government department, agency, or 
20 
instrumentality. 
21 
SECTION 4. Research and Reporting. - The Department of Health shall 
22 
conduct a study and, not later than eighteen (18) months after the date of enactment 
2 


of this Act, submit to Congress, and government departments and agencies, as 
2 
appropriate. Said study shall include: 
3 
A. A report containing a description of the current state of the sCience 
4 
relating to the disease mechanisms and health effects of exposure to 
5 
asbestos and other biopersistent durable fibers; and methods for 
6 
measuring and analyzing asbestos; 
7 
B. A description of the current status of labeling practices relating to 
8 
asbestos-containing material; and 
9 
C. Recommendations for future asbestos-related disease research and 
10 
exposure assessment practice needs. 
11 
SECTION 5. Prohibition on Asbestos-containing Products. - The Secretary 
12 
of Health shall promulgate not later than one (1) year after the date of enactment of 
13 
this 
Act, 
proposed 
regulations 
that 
prohibit 
persons 
from 
importing, 
14 
manufacturing, processing, or distributing in commerce asbestos-containing 
15 
products; and provide for implementation of paragraphs Band C of the Section 4. 
16 
Not later than 2 years after the date of enactment of this Act, he or she shall also 
17 
issue final regulations that, effective beginning sixty (60) days after the date of 
18 
promulgation, prohibit persons from importing, manufacturing, processing, or 
19 
distributing in commerce asbestos-containing products. 
20 
SECTION 6. Exemptions. - Any person may petition the Secretary of Health 
21 
for, and the Secretary may grant, an exemption from the requirements set forth in 
22 
the preceding Section if the Secretary determines that the exemption would not 
23 
result in an unreasonable risk of injury to public health or the environment; and the 
3 


person has made good faith efforts to develop, but has been unable to develop, a 
2 
substance, or identify a mineral, that does not present an unreasonable risk of 
3 
injury to public health or the environment; and may be substituted for an asbestos-
4 
containing product. 
5 
An exemption granted under this Section shall be in effect for such period, 
6 
not to exceed one (1) year, and subject to such terms and conditions as the 
7 
Secretary of Health may prescribe. 
8 
The Secretary of Health shall provide an exemption from the requirements 
9 
of Section 5, without review or limit on duration, if: 
10 
A. The exemption for an asbestos-containing product is sought by the 
11 
Secretary of National Defense and the Secretary of National Defense 
12 
certifies, and provides a copy of that certification to Congress, that the 
13 
use of the asbestos containing product is necessary to the critical 
14 
functions of the Department of National Defense 
15 
B. No reasonable alternatives to the asbestos containing product exist for the 
16 
intended purpose; and 
17 
C. The use of the asbestos containing product will not result m an 
18 
unreasonable risk to health or the environment. 
19 
Except as provided in the next preceding paragraph, and not later than two 
20 
(2) years after the date of enactment of this Act, each person that possesses an 
21 
asbestos-containing product that is subject to the prohibition established under this 
4 


Section shall dispose of the asbestos-containing product, by a means that is III 
2 
compliance with applicable national and local requirements. 
3 
Nothing in this Section applies to an asbestos-containing product that is no 
4 
longer in the stream of commerce; or is in the possession of an end user; or 
5 
requires that an asbestos-containing product be removed or replaced. 
6 
SECTION 7. Public Education Program. - Not later than one (1) year after 
7 
the date of enactment of this Act, the Secretary of Health, in consultation with the 
8 
Secretary of Trade and Industry and the Secretary of Labor, shall establish a plan 
9 
to: 
10 
A. Increase awareness of the dangers posed by asbestos-containing products 
11 
and contaminants in homes and workplaces; and asbestos-related 
12 
diseases; 
13 
B. Provide current and comprehensive information to asbestos-related 
14 
disease patients, family members of patients, and front-line health care 
15 
providers on the dangers of asbestos exposure; asbestos-related labeling 
16 
information; health effects of exposure to asbestos; 
symptoms of 
17 
asbestos exposure; and available and developing treatments for asbestos-
18 
related diseases, including clinical trials; 
19 
C. Encourage asbestos-related disease patients, family members of patients, 
20 
and frontline health care providers to .participate in research and 
21 
treatment endeavors relating to asbestos; and 
5 


· , 
D. Encourage health care providers and researchers to provide to asbestos-
2 
related disease patients and family members of patients information 
3 
relating to research, diagnostic, and cl inical treatments relating to 
4 
asbestos. 
5 
In establishing the program, the Secretary of Health shall give priority to 
6 
asbestos-containing products and 
contaminant-asbestos products used by 
7 
consumers and workers that pose the greatest risk of injury to human health. 
8 
SECTION 8. Research on Asbestos-related Diseases; Asbestos-related 
9 
Disease Registry. - The Secretary of Health shall expand, intensify, and coordinate 
10 
programs for the conduct and support ofresearch on diseases caused by exposure 
11 
to asbestos, particularly mesothelioma, asbestosis, and pleural injuries. 
12 
Not later than one (1) year after the date of enactment of this Act, the 
13 
Secretary of Health, shall establish a mechanism by which to obtain, coordinate, 
14 
and provide data and specimens from cancer registries; public and private 
15 
hospitals; and entities participating in the asbestos related disease research and 
16 
treatment network in Section 9. The data and specimens obtained shall form the 
17 
basis for establishing a national clearinghouse for data and specimens relating to 
18 
asbestos-related diseases, with a particular emphasis on mesothelioma. 
19 
SECTION 9. Asbestos-related Disease Research and Treatment Network. -
20 
For the first five fiscal years after the effectivity of this Act, the Secretary of 
21 
Health, in collaboration with other applicable government agencies and 
22 
instrumentalities, shall establish and maintain an asbestos-related disease research 
23 
and treatment network (hereinafter, Network) to support the detection, prevention, 
6 


" 
1 
treatment, and cure of asbestos-related diseases, with particular emphasis on 
2 
malignant mesothelioma. 
3 
The Network shall include intramural research initiatives of the Department 
4 
of Health; and at least ten (10) extramural asbestos-related disease research and 
5 
treatment centers, as selected by the Secretary of Health in accordance with the 
6 
immediately succeeding paragraph. 
7 
SECTION 10. Extramural Asbestos-Related Disease Research and 
8 
Treatment Centers. - For each fiscal year during which the Network is operated 
9 
and maintained, the Secretary of Health shall select for inclusion in the Network 
10 
not less than ten (10) nonprofit hospitals, universities, or medical or research 
11 
institutions incorporated or organized in the Philippines that, as detennined by the 
12 
Secretary of Health, have exemplary experience and qualifications in research and 
13 
treatment of asbestos-related diseases; access to an appropriate population of 
14 
patients with asbestos-related diseases; and are geographically distributed 
15 
throughout the Philippines, with special consideration given to areas of high 
16 
incidence of asbestos-related diseases. 
17 
SECTION 11. Requirements. - Each center selected under Section 10 shall 
18 
be chosen by the Secretary of Health after competitive peer review; the conduct of 
19 
laboratory aid clinical research, including clinical trials, relating to mechanisms for 
20 
effective therapeutic treatment of asbestos-related diseases; early detection and 
21 
prevention of asbestos-related diseases; palliation of asbestos-related disease 
22 
symptoms; and pain management with respect to asbestos-related diseases; offer to 
23 
asbestos-related disease patients travel and lodging assistance as necessary to 
7 


accommodate the maximum number of patients practicable; and to serve a number 
2 
of patients at the center sufficient to conduct a meaningful clinical trial; coordinate 
3 
the research and treatment efforts of the center with other entities included in the 
4 
Network. 
5 
A center selected by the Secretary of Health shall be included in the 
6 
Network for the one (1) year period beginning on the date of selection of the 
7 
center; or such longer period as the Secretary of Health determines to be 
8 
appropriate. 
9 
SECTION 12. Grants. - The Secretary of Health shall provide to each center 
10 
selected for inclusion in the Network for the fiscal year a financial grant to support 
11 
the detection, prevention, treatment, and cure of asbestos-related diseases, with 
12 
particular emphasis on malignant mesothelioma. 
13 
SECTION 13. Appropriations. - Such sums as may be necessary for the 
14 
initial implementation of this Act shall be taken from the current appropriations of 
15 
the Department of Health. Thereafter, such sum as may be necessary for its full 
16 
implementation shall be included in the annual General Appropriations Act as a 
17 
distinct and separate item. 
18 
SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, 
19 
executive order, letter of instruction, administrative order, rule or regulation 
20 
contrary to or is inconsistent with the provision of this Act is hereby repealed, 
21 
modified, or amended accordingly. 
8 


1 
SECTION 15. Separability Clause. - If any part or provision of this Act 
2 
shall be declared unconstitutional or invalid, other provisions hereof which are not 
3 
affected thereby shall continue to be in full force and effect. 
4 
SECTION 16. Effectivity Clause. - This Act shall take effect fifteen (15) 
5 
days after its publication in at least two (2) newspapers of general circulation. 
6 
Approved, 
/apm11182014 
9