Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS

First Regular Session

4199
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

This bill was approved on Third Reading on August 29, 2018 by the House of Representatives
and transmitted to the Senate on August 30, 2018 for their appropriate action.

The bill was tackled extensively by the Committee on Trade and Industry with the participation
of different stakeholders.

The objective of this bill is to provide the buying public an effective means of checking the
accuracy of the weight and quantity of goods that they are buying while at the same time
discourages dishonest vendors from committing any irregularity or unlawful act.

Chapter Il of Republic Act NO. 7394, otherwise known as the “Consumer Act of the Philippines”
is amended to establish Timbangan ng Bayan Centers. All local government units through their
respective treasurers, shall establish a Timbangan ng Bayan Center in all markets nationwide
where instruments for determining weights and measures shall be open for and accessible to
the general public or any user who wants to verify the accuracy of the quantity and
measurement of the products that they intend to buy or have bought from the market.

Market supervisors are mandated to safekeep and maintain the Timbangan ng Bayan. It shall
be under the control and supervision and they shall likewise be in charge of keeping a record of
every product found to be wanting in quantity or substandard in dimension as well as the
establishment where the product was bought including the name of the proprietor or manager of
said establishment. A certification duly issued by the market supervisor or an authorized
representative reflecting the contents of such record shall be prima facie evidence of violation of
the prohibited acts provided in Article 64 of the Consumer Act.

The penalties for alteration, tampering, vandalizing or destruction of a Timbangan ng Bayan that
is already officially sealed shall be penalized with a fine or imprisonment, the rates and length of
service of imprisonment has been likewise updated so as to discourage would-be violators and
deter any illegal act.

With the protection of our consumers in mind, let us support the early passage of this bill.

pee

XAVIER JESUS D. ROMUALDO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS

First Regular Session

4199
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

AN ACT
PROVIDING FOR THE ESTABLISHMENT OF A TIMBANGAN NG BAYAN CENTER
IN ALL MARKETS NATIONWIDE, AMENDING FOR THE PURPOSE CHAPTER II OF
REPUBLIC ACT NO. 7394, OTHERWISE KNOWN AS THE “CONSUMER ACT OF
THE PHILIPPINES”

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. A new article to be denominated as Article 62-A is hereby inserted after
Artilce 62, Chapter II of Republic Act NO. 7394, otherwise known as the “Consumer Act of the
Philippines”, to read as follows:

“ART. 62-A. ESTABLISHMENT OF TIMBANGAN NG BAYAN CENTERS. — ALL
LOCAL GOVERNMENT UNITS, THROUGH THEIR PROVINCIAL, CITY, OR MUNICIPAL
TREASURERS, SHALL ESTABLISH A TIMBANGAN NG BAYAN CENTER IN ALL
MARKETS NATIONWIDE, PUBLIC oR PRIVATE, INCLUDING FLEA MARKETS OR
TIANGGES, WHERE INSTRUMENTS FOR DETERMINING WEIGHTS AND MEASURES
SHALL BE OPEN FOR AND ACCESSIBLE TO ANYONE WHO NEEDS TO VERIFY THE
ACCURACY OF THE QUANTITY AND MEASUREMENT OF THE PRODUCTS THEY
PURCHASE.

“THE SAFEKEEPING AND MAINTENANCE OF SAID INSTRUMENTS SHALL BE
UNDER THE CONTROL AND SUPERVISION OF THE MARKET SUPERVISOR WHO SHALL
LIKEWISE BE IN CHARGE OF KEEPING A RECORD OF EVERY PRODUCT FOUND TO BE
WANTING IN QUANTITY OR SUBSTANDARD IN DIMENSION, AS WELL AS THE
ESTABLISHMENT WHERE THE SAME WAS BOUGHT, INCLUDING THE NAME OF THE
PROPRIETOR OR MANAGER THEREOF. A CERTIFICATION DULY ISSUED BY THE
MARKET SUPERVISOR OR AN AUTHORIZED REPRESENTATIVE REFLECTING THE


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CONTENTS OF SUCH RECORDS SHALL BE PRIMA FACIE EVIDENCE OF A VIOLATION
OF ARTICLE 64 OF THIS ACT.

“THE PROHIBITED ACTS RELATIVE TO WEIGHTS AND MEASURES PROVIDED
UNDER ARTICLE 64 SHALL LIKEWISE APPLY TO TIMBANGAN NG BAYAN
INSTRUMENTS.”

SEC. 2. Article 4, Chapter Il of Republic Act NO. 7394, otherwise known as the
“Consumer Act of the Philippines” is hereby amended to read as follows

ART. 64. Fraudulent Practices Relative to Weights and Measures. - The following acts
relating to weights and measures are prohibited:
“oc

“()) for any person to fraudulently alter, TAMPER, VANDALIZE OR DESTROY any

scale, balance, TIMBANGAN NG BAYAN, weight or measure after it is officially sealed,”

YOxx.

SEC. 3. Article 65 of Republic Act No. 7394, otherwise known as the “Consumer Act of
the Philippines’, is hereby amended to read as follows

“ART 65. Penalties, — a) Any person who shall violate the provisions of paragraphs (a) to
(f) and paragraph (|) of Article 64 OF THIS ACT or its implementing rules and regulations shall,
upon conviction, be subject to a fine of not less than [Two hundred pesos (P200.00)] FIFTY
THOUSAND PESOS (P50,000.00) but Aot more than [One thousand pesos (P1,000.00)]
THREE HUNDRED THOUSAND PESOS (P300,000.00) or by imprisonment of not more] LESS
than one (1) year BUT NOT MORE THAN FIVE (5) YEARS or both upon the discretion of the
court.

“b) Any person who shall violate the provisions of paragraph (g) of Article 64 OF THIS
ACT [for the first time] shall, UPON CONVICTION, be subject to a fine of not less than [Five
hundred pesos (P500.00)] FIFTY THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN
THREE HUNDRED THOUSAND PESOS (P300,000.00) or by imprisonment of not less than
one (1) month] YEAR but not more than five (5) years or both[,] upon the discretion of the court.

“c) The owner,[-] possessor or user of instrument of weights and measure enumerated in
paragraphs (h) to (k) of Article 64 OF THIS ACT shall, upon conviction, be subject to a fine of

not less than [Three hundred pesos (P300.00)] FIFTY THOUSAND PESOS (P50,000.00) BUT


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NOT MORE THAN THREE HUNDRED THOUSAND PESOS (P300,000.00) or BY
imprisonment OF not (exceeding) LESS THAN one (1) year BUT NOT MORE THAN FIVE (5)
YEARS,] or both [,] upon the discretion of the court.

“Provided, further, That two (2) successive violations of this Act shall automatically result

in the cancellation of the business permit of the violator, whether natural or juridical.”

SEC. 4. Implementing Rules and Regulations. - The Department of Trade and Industry
(DTI) and the Department of the Interior and Local Goverment (DILG), in consultation with the
Union of Local Authorities of the Philippines (ULAP), League of Provinces of the Philippines
(LPP), League of Cities of the Philippines (LCP), League of Municipalities of the Philippines
(LMP), and appropriate stakeholders shall, within ninety (90) days from the effectivity of this Act,
promulgate the rules and regulations necessary to effectively implement the provisions of this

Act.

SEC. 5. Appropriations. — The amount necessary to carry out the provisions of Section 1
of this act shall be charged against the intemal revenue allotment and other funds of the local

government unit concemed.

SEC. 6. Separability Clause. — If for any reason, any article or provision of this Act, or
any portion thereof, or the application of such article, provision, or portion thereof to any person,
group, or circumstance is declared invalid 6r unconstitutional, the remainder of this Act shall not

be affected by such declaration.

SEC. 7. Repealing Clause. — All laws, executive orders, rules and regulations or parts

thereof which are inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in any newspaper of general circulation

Approved,