THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
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S E N A T E  
S.B. No.- 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Through ingenuity of design and quality of craftsmanship, manufacturers produce a range 
of workplace goods, whose useful life exceeds 12 years. Many of these goods have been in 
service for decades. This bill seeks to address a fundamental problem for manufacturers, the long 
tail of liability that extends for creating long-lasting quality good by establishing a statute of 
repose for durable goods used in a trade or business. 
Black's Law Dictionary defines a statute of repose as a statute barring any suit that is 
brought after a specified time since the defendant acted; in this case, 12 years after the product 
was delivered to its first purchaser, even if this period ends before the plaintiff has suffered a 
resulting injury. This differs from a statute of limitations, which is a statute establishing a time 
limit for suing in a civil case based on the date when the claim accrued. 
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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
Third Regular Session 
1 
S.B. No. 
E “$690 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING A STANJ’I‘E OF R17POSE FOR l ~ U R A I 3 L ~  
GOODS 
IJSED IN A TRADE OR BUSINESS. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Workplacc Goods Job 
Growth and Competitiveness Act of 2007”. 
SECTION 2. Dejinilion qflerms. - The following terms as used in this Act shall be 
defined as follows: 
(1) “Claimant” refers to any person who brings an action covered by this Act and any 
person on whose behalf such an action is brought. If such an action is brought through or on 
behalf of an estate, the term includes the claimant’s decedent. lf such an action is brought 
through or on behalf of a minor or incompetent, the term includes thc claimant‘s lcgal guardian. 
(2) “Durable Good” refers to any product, or any component ol‘ any such product, which 
has a normal life expcctancy of 3 or niorc ycars; or is of a character sub,jcct to allo~.ancc for 
depreciation tinder the National Internal Revenue Code; and is used in a trade or business; hcld 
for the production of income; or sold or donated to a governmental or privatc entity for the 
production of goods, training, demonstration, or any other similar purpose. 
SECTION 3. ,Clulute ojRepsej%r. Durable Good? C?sed ifr n Tiude or Dz{,sine,xr. 
(a) IN GENERAL - Except as otherwise provided in this Act: 
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( I )  no civil action may be liled against the manufacturer or seller of a diirablc. 
good for damage to property arising out of an accident involving that durable good if the 
accidciit occurred inore than 18 years after the date on which the durablc good was 
delivered to its first purchaser or lessee; and 
(2) no civil action may be filed against the manufacturer or scller of a durablc 
good for damages for death or personal injury arising out of an accidcnl involvjng lhat 
durable good iT the accident occurred more than 18 years after the date on which the 
diirable good was dclivcred to its first purchascr or lessee and iT: 
(A) the claimant has received or is eligible to receive worker 
compensation; and 
(B) the injury does not involve a toxic ham (including, but not limited 
to, all asbestos-rclatcd harm). 
(b) EXCEPTIONS - 
(1) IN GllNIXAI, - A motor vehicle, vcsscl, aircraft, or train that is uscd 
primarily to transport passengers Ibr hire shall not be subject to this Act. 
(2) CFIII'l'AIN EXPRESS WARRANTIES - This Act docs not bar a civil action 
against a dekndant who made an express warranty in writing as to the safety or life 
expectancy of a specific product which was longer than 18 years, exccpt that this Act 
shall apply at the expiration of that warranty. 
(3) AVIA'1'ION 1,IMITA'I'IONS I'IIRIOD - This Act does not affect thc 
limitations period established by applicable laws. 
(4) ACI'IONS INVOLVING '11 Ili I~iNVIKONMIJN'I' - Subsection (a)(l) does not 
supersede or modiry any law that aulhorkes an action for civil damages, cost recovery, or 
any other form of relicf for rcincdiation of the environment. 
(c) EFFECT ON APPLICABLE LAW; PREEMPTION - Subject Lo subsection (b), this 
Act prcenipts and supersedes any law that establishes a law of rcposc to thc cxtcnt such law 
applies to actions covered by this Act. Any action not specifically covered by this Act shall be 
governed by applicriblc laws. 
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(d) TRANSITIONAL PROVISION RELATING ’IO EX1’ENSION 01’ 
IW’OSE 
I’l~RIOD - TO the extciit that this Act shortens the period during urhich a civil action could be 
otherwise brought pursuant lo another provision of law, the c1aiInant may, notwithstanding this 
Act. bring the action not later than I year aftcr the datc of the enactment of this Act. 
SECTION 4. Application of the Act. - This Act shall not apply with respect to civil 
actions commenced bcfore thc date of the enactment 01 
this Act. 
SECTION 5. Separability Clause. - I f  any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative rule or regulation contrary to or inconsistent with the 
provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 7. Eflectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
FLDPI616107 
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