SIXTEENTH CON(~RESS OF Tim 
IHO'IJBI ,Ie OF TilE PIIILlPPINI,:S 
First RC!!;IlIar Scssinll 
) 
) 
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SENATE 
S. No. 2042 
'13 
OEC 11 ['5 :50 
HECEIVEIl Ill'; -f 
Prepared by the Committees an National Defense and Security and Finance with Senator 
Trillones IV as author 
AN ACT 
PROHIBITING THE I)I(VI':LOPMENT, PRODlJCTlON, STOCKPILING, USE OF 
CHEMICAL WI,:APONS AND PROVIDING FOR TlTRJR nESTRucnON ANn 
PROVIIHNG PI(NALTmS TlIElmFOR AND FOR OTHER PURPOSES 
JJe if e/laded in fhe Scnafe and TTolise of Representatives offhe Philippines in Congress 
{lssem!Jled: 
CHAI'T1m I 
GENERAl, PROVISIONS 
1 
SI(CTION 1. Short Title. -- This Act shall be known as the "Chemical Weapons 
2 
I'l'lIflihitioll Act or2013." 
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SI';C. 2. /)ec/al'lltioll or /'rillciples. -- The State, consistent with national interest, 
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adopts and pmsues a policy of li"eec\om from chemical weapons in its territory, of protection 
5 
01" all human beings and the global environment li'om the effects of chemical weapons, and 
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hereby eonl<mns with its obligations under the Convention on the Prohibition or the 
7 
Devc\opment, Production, Stockpiling and lise 01" Chemical Weapons and on Their 
8 
Destruction, othc;rwise known as the Chemical Weapons Convention (hereinafter referred to 
9 
as ('onvention), to whieh the Philippines is a State Party. 
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Towards this end the Stale shall not, under any circumstance, develop, produce, 
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manul~lcttlrc~ acquire, P()SSCSS~ stockpile, rctalll, transfer, or USe chctnical weapons, or cllgagc 
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1 
in any other activities prohibited under the Convention, and shall prohibit all persons from 
2 
developing, 
producing, 
manul~lcturing, acqlunng, 
POSSCSS1I1g, 
stockpiling, retaining, 
3 
transi'crring, or using chemical weapons or engaging in any other activities prohibited under 
4 
the Convcntion. 
5 
SEC. 3. [)e./illitioll III Tef'l/ls 
For the purpose of this Act, the following terms are 
6 
hereby (lellned. 
7 
lI. 
"ChemiclIl WellJllllI" mcans the following, together or separately: 
8 
(i) Toxic chemicals and their precursors, except where intended for purposes not 
9 
prohibited under the Convention, as long as the types and quantities are consistent 
10 
with such purposes; 
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(ii) Munitions and dcviccs, speci Ilcally designed to cause dcath or other harm through the 
12 
toxic properties of those toxic chemicals specilicd in subparagraph (i), which would 
13 
be released as a result of the cmployment of'such munitions and devices; 
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(iii)Any equipment spccifically designcd for use directly in connection with thc 
15 
cmploymcnt ol'lllunitions and devices specified in subparagraph (ii). 
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b. "Discrete Orr:a/lic Materials" means any chemical belonging to the class of chemical 
17 
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compounds consisting of all compotl11c)s of carbon except I'll' its oxides, sulphides and 
metal carhonates. 
19 
c. 
"Key Cllm/w/leM ol Nil/{tI)' Of' MUlti-component Chemical Systems" means the 
20 
precursor which plays the most important role in determining the toxic propcrtics or 
21 
the linal product and reacts rapidly with other chcmieals in the binary or ll1ulli-
22 
component SystC1ll. 
23 
tl. "Facili(I'" Illcans any industrial site of any productioll unit or process unit ("unit") 
24 
whieh is the combinatioll of items of equipment, including vessels and vessel set up, 
25 
necessary for the production, processing or consumption of a chemical; 
26 
e. "opevv" relers to Organization 1'01' the Prohibition of Chemical Weapons. 
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4 
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"Persoll" means, except as otherwise provided, any individual, corporation, 
partnership, linn, association, trust, estate, public or private institution, or any 
political entity, any foreign government or nation or any agency, instrumentality or 
political subdivision of any such government or nation, or other entity located in the 
Phi I ippi nes, 
6 
K. 
"Pl'ccur,\'ol'.\'" mean any Chclllical reactant which takes part at any stage in the 
7 
production by whatcver method 01' a toxic chemical. These include any key 
8 
componcnt 01' a binary or multi-component chemical system. Precursors which have 
9 
becn identi lIed Illr thc application 0 I' veri Ilcatioll measures by the OPCW arc listed in 
10 
the Schedules contained in the Annex on Chemicals to the Convention, 
11 
h. "Pili/lOses not prohibited" means: 
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(i) 
(i i) 
(i i i) 
(iv) 
Industrial, agricultural, research, medical, pharmaceutical, or other peaceful 
purposes; 
Protective purposes, namely those purposes directly related to protection 
against toxic chctnicals and to protection against chcrnical weapons; 
Military purposes not connected with the usc of chemical weapons and not 
dependent on the use (yf the toxic properties of chemicals as a method of 
war!~lrc; 
The lise 01' non-lethal weapons, other than those prohibited under this Act and 
the ('onvcntioll, Il)!, the maintenance of public security and order: 
(a) 
(b) 
By the la"r cnforCClllcnt authorities; 
Ily the Anncd Forces· oCthe Philippines when taking measures to 
suppress inslirgeney and other serious threats to national security, and 
where the lise thereof is most appropriate than the usc of deadly force: 
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i. 
j. 
(c) 
By thc Armee! Forces of the Philippines within the I'ramcwork of a 
system of mutual collcctivc sccurity, ,mci training for its usc. 
"Riot cOl/tml agel/ts" mcans any chcmical not listed in Schednle 1, Schedule 2 or 
Schedule 3 of' the Annex on Chcmicals to the Convention which can produce rapidly 
in humans, sensory irritation or disabling physical effects which disappear within a 
short time ['ollowing termination of exposure. 
"Scheduled cltell1ic{i/s" means those chemicals listed in Schedule 1, Schedule 2 and 
Schedule 1, respectively, of the Annex on Chemicals to the Convention. 
9 
k. 
"'['oxic ('''"mical'' means any chcmical which through its chcmical action on life 
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I. 
proccsses call causc death, temporary incapacitation or pcnnancn\ harm to humans or 
animals. This definition includes all such chemicals therein, regardless of their origin 
or of thcir method or production, and regardless of whether they arc produced in 
f~ICi1itics, in Inunitiot1s or clsc\vhcrc. 
Toxic chemicals which have becn idel1tilicd l'or the application of veritication 
Illcasurcs by the OPCW arc listed in Schedules contained in the Annex on Chemicals 
to the Convention. Unless the contrary intention appears, an expression or term that is 
used both in this Act and in the Convention but is not clc1incd in this Chapter shall 
have, in this Act, thc samc meaning provided in the Convention. 
"Veri/icatiol/ Al1l/ex" means thcAnnex on Implementation ami Verification to the 
C:ollycntion. 
SEC. 
4. 1,'.\'tabli.,'imwl/t of a Philippine Natiol/al Autllority for tile Chemical 
22 
Weapoll.'· COl/vel/tiol/.-
A Philippine National Authority It)r the Chemical Weapons 
23 
Convention hercinaltcr rclcl'l'ed to, ror brevity, as the "PNA-CWC", is hereby created. The 
24 
members oCthe PNA-CWC arc: (1) the Fxecutive Secretary, who shall be its Chairperson; (2) 
25 
the Scct"Claty nl'National Dclcnsc, who shall be its Vice Chairperson; and (3) the Secretary oC 
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I;oreign ;HI;lirs; (4) the Secretary of .Tustiee; (5) the Secretary of tbe Interior and Local 
2 
Government; (h) the Secretary of' Finance; (7) the National Security Advisor; (8) the 
3 
Secretary 01' Ilealth; (9) the Secretary or I,nvironment and Natural Resources; (J 0) the 
4 
Secretary 0 f' Agriculture; (I 1) the Secretary of' Transportation and Communications; (12) the 
5 
Secrctary 0(' Trndc and Industry; (13) the Secretary of Fnergy, as its other members, The 
6 
PNA-CWC shall determine its organizational structure accordingly, 
7 
The National Ilureau of Investigation, the ()fjice of Civil Defense, the Intelligence 
8 
Service of the Armed Forces or the Philippines, the Philippine Center on Transnational 
9 
Crime, Philippine Drug Enl()reement Agency, the Dangerous Drugs Board, the Food and 
10 
Drugs Iloard, the I;ood and Drug Administration, the Philippine National Police intelligence 
11 
and investigativc clements and heads or agencies considered necessary or advisable by the 
12 
PNA-CWC sball serve as support agencies Cor the CounciL The I'NA-CWC shall determine 
13 
its orgnnizntionnl structure nccordingly, 
14 
A Secretary or !lead of Agency who is a member or the I'NA-CWC Itlay designate an 
15 
alternate Illenlber cOllling from his ,orfice or agency to attend mceti(lgs of the National 
16 
Authority if and when, for any reason, he is nnable to attend said meetings, 
17 
The PN;\-CWC shall have the I(Jllowing duties and functions: 
18 
a) I ,iaise with the OI'CW and other Statc Parties on matters relating to the Convention; 
19 
b) Prepare nnd submit annual declarations to the OPCW on scheduled cheltlieals nnd 
20 
I;leilities and impose regulatory anclillonitoring fees I(lr scheduled chemicals; 
21 
e) Develop rules nud regulations and Iclrtllulatc polieies concerning the production, 
22 
processing, consumption, importation, exportation use and proper disposition of 
23 
scheduled chemicnls and I;leilities, and other chemical production f;lcilities; 
24 
eI) Dcsignate and speci fy the required training and the functions <if national inspectors, 
25 
who shnlI report to the PN;\-CWC; 
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1 
C) Conduct and iilcilitatc national, as well as international inspections by the OI'CW 
2 
inspectors, or sites involving schcclulecl chcmicals or other chemical production 
3 
I'lcilitics; 
4 
I) 
Cause or direct the investigation ancl prosccution or violators or laws concernmg 
5 
chemical weapOIlS, or the handling ortoxic chcmicals in violation ofthis Act; 
6 
g) l'er!(lrlll such other Illllctions to effectively implement the provisions of the 
7 
Convention, 
8 
The I'NA-CWC is hereby empowerecl to compel, as may be neeessmy, assistance and 
9 
support li'OIll all departments, bureaus, offices, agencies, or instrumentalities, of the 
10 
government, including government owned and/or controlled corporations and other 
11 
government institutions to elTeetively pcrform its duties and f'unctions under this Act. 
12 
The I'NA-CWC shall also have the power to periodically update the scheduled 
13 
chel11icals listed in Schcdule 1, Schedule 2 and Schedule 3, respectively, or the Annex on 
14 
(:hcmicals to the ewe upon the request or advise or lhe OPCW, which updates shall be in 
15 
the 1(11'111 of' I(ll'lnal resolutions of' the PNA-CWC to be published in the oflleial gazette or two 
16 
(2) newspaper oj' general cireulatioll in lhe country Ix;lclrc laking errect. 
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SEC, S, l'm/tihitioll.\'. 
CHAPTER IT 
PROHIBITIONS 
The I()llowing acts arc prohibited under this Act: 
Ll. 
Develop, produce, acquire, stockpile, lISC, transport or retain any chclnical 
\vcapOJl ; 
h. 
Assist and encourage or induce III any way, a perSOIl, to engage in activities 
prohihitcd lInder Convention; 
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c. 
Fngage in military preparations to usc a chemical weapon 
d. Trallsler, directly or indirectly, a chemical weapon to any other natural and/or 
juridical pcrson; 
c. 
lise a riot control agent as a method of"warl~lre; 
f". 
Producc, acquire, retain, or use Schedule 1 chemicals in a slate not party to the 
convention; 
g. RctranslCr to a third State, the Schedule 1 chemicals transferred to the Philippines; 
h. Transler Schedule I chemicals to another statc party without notifying the PNA-
ewe not less than sixty (60) days belcJrc the transf"er, except for the transfer of 
saxitoxin, which Ilotilleation shall be allowed not less than twenty four (24) hours 
belc)re the time of transler, if" the transfer is fCll" medical/diagnostic purposes and 
thc quantity is live milligrams (5 mg) or less (par 5, Part IV Schedule 1 Regime); 
I. 
Transf"cr to or rcccive from a state not party to the Convention Schedule 2 
chemicals or products· containing such chcmicals. This prohibition shall not apply 
to those products containing Schedule 2 chemicals in which: 
l. 
11. 
Ill. 
Thc product contains onc percent or less of a Schedule 2A or 2A * 
chemical; 
The product contains 10 percent or less of a Schedule 211 chemical; or 
The product is identi lied as a consumer good packaged lor retail sale 
l(lI" pcrsonal usc or packagcd Il)r individual usc. 
I. 
Transl"cr to a state not party to the Convention Schedule 3 chcmicals without 
receIvIng, prior to the transfer ·an end-uscr certilicate l·rol11 the competent 
govenllllC]lt, authority of" such Statc pursuant to paragraph 26 of" Part VTII of the 
Vcrification Annex to the Convention. This shall not apply to those products 
containing Schedule 1 ehcmicals in which: 
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1. 
2 
1. 
II, 
Thc product contains :10 percent or less of a Schedule:1 chemical; or 
The product is identiiicd as a consumer good packaged l'or retail sale 
3 
lilr personal usc, or packaged l'or individual usc, 
4 
Nothing in this Act shall be construed to prohibit the Armed Forces or the Philippines 
5 
li'olll using non· lethal and lethal weapons other than those prohibited in this Act, in the 
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conduct 01' combat operations lill' the suspension of insurgency and other serious threats to 
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national security where the usc or such nO)1·lethal and lethal weapons is deemed most 
8 
appropriate than usc 01' deadly roree, 
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SI'~C. 6. Pel/altie,,' . . , a. Any person who commits any 01' the prohibited acts under 
10 
Section 5 shall suiTer the penalty or imprisollment 1(1I' a period between 1'2 years and one day 
11 
to lile imprisonment, and a line li'om two million pesos (PHP 2,000,000.00) to five million 
12 
pesos (1'1 II' 5,OOO,O()0.OO). 
13 
h. Any person who produces, acquires, retains, transrcrs or uses Schedule 1 chemicals 
1.4 
without a license or contravenes the conditions thereof' shall suiTer the penalty of 
15 
imprison11lent of' six years and one day to twelve ycars and/or a fine rrom one million pesos 
16 
(1'111' 1,000,000,(0) to two million pesos (l'fI1'2,OOO,OOO.00). 
17 
c. Any perso!) who produces, acquires, retains, transfers or uses Schedule 1 ehcmieals 
18 
li,r purposes other than I(lr research, medical, pharmaceutical or protective purposes, or 
19 
contravenes paragraph (1), shall sulkr the penalty ot' imprisonment t'oi' a period of not less 
20 
than six years and onc day to life imprisonment and/or a fine Irom onc million pesos 
21 
(I'll J> I ,()OO,OOO,OO) to ten million pesos (1'111' 1 0,000,000,(0), 
22 
d. Any person who produces, processes or consumes Schcdule 2 or 3 chemicals or 
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unscheduled discrete organic chemicals I()r purposes other than those not prohibited under 
24 
this Act, or without a license or contravenes with the conditions thereof' shall suffer the 
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1 
penalty 01' imprisonment 01' four years and one day to six years andlor a fine li'OlD five 
2 
hundred thousand pcsos (l'IIl"iOO,OOO,OO) to one million pesos (PHl' I ,000,000,00). 
3 
e. Any person who imports or cxports Schedule 2 chemicals or Schedule 3 ehcmicals, 
4 
without a license, or contravencs with the conditions thereol' shall ~utTcr the penalty of 
5 
ill1prisonment of I(lllr years and one day to six years and/or a nne iroll1 five hundred thousand 
6 
pesos (1'111' 500,000.(0) to one million pesos (Pill' I ,000,000,(0), 
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f. Notwithstanding subsections' (1) and (2) of Section II, any person who obstructs, 
8 
hinders, resists, or deceives any national inspector or intcrnational inspector who is exercising 
9 
any function contemplated, or any power provided for, in the regulations issued further to 
10 
Section II, in thc Convention or any applicable 1[ldlity agreement, shall be punished by 
11 
ill1prisolllnent fill' a period of l(lUr years and one day to six years, and/or a fine from five 
12 
hundred thousand pcsos (I'SOO,OOO,OO) to onc'million pesos (PI,OOO,OOO.OO), In addition, the 
13 
facility in question shall be subject to e]osure and license related to its activities under this 
14 
Act subject to suspension or revocation. 
15 
K. 
Any person wilo violates Section 12 shall sulfer the penally of' imprisonment for 
16 
I(lul' years and one day to six years, and/or a line it'om live hundred thousand pesos 
17 
(1'500,000.00) to onc million pesos (1'1,000,000.00). 
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It. Any pcrson who as the ease may be, produces, processes or consumes Schedule 2 
19 
or 1 chemicals or unscheduled discretc organic chemicals f'or a purpose other than purposes 
20 
not proiribited under tile (:hcmical Weapons Convention, or contravenes paragraphs (2) or (3) 
21 
shall suiTer tile penally 01' imprisonment of not less than two years to twenty years and/or a 
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linc li'om Ii i'ly tilousal.1d pcsos (1'III'SO,OOO.OO) to flve million pesos (PIlP5,OOO,OOO.OO). 
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i. Any person who relllScs or fllils to notify the PNA-eWe pursuant to the provisions 
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01' Section 1 [) shall suiTer tire penalty of' imprisonment of' one year and onc day to two years 
25 
and/or a line of' live hundred thousand pesos (1'111' 500,000,00). 
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j. Any pcrson who I~lils to give the required additional information or kccp records 
2 
pursuant to Section 10 shall sulTcr the penalty of imprisonment of six months and one day to 
3 
one year and/or a line 01' one hundred thousand pesos (PIll' lOO,OOO.OO), 
4 
k. Any person who shall, in any document prepared pursuant to Section 10 of this 
5 
Act, makes a statement or OI11its any maHer knowing that the statement or Oll1ission 111akcs the 
6 
document 
I~t!sc and misleading in a material particular, shall, after hearing and due 
7 
proceedings, suiTer tile penalty of' six months and one day to one year and/or a fine of one 
8 
hundred thousand pesos (1'111'100,000.00). 
9 
In case any or the violation of this Act is committed by a partnership, cooperation, 
10 
association, or any other juridical cntity, the partner, president, ciirector, manager, trustee, 
11 
administrator, or of'lleer who consents to, or knowingly toleratcs such violation sball be held 
12 
criminally liable, 
13 
The registration with the SI':C or DTI, as the case may be, and license to operate of 
14 
the pmtnership, corporation, association or any other juridical entity, shall be cancelled and 
15 
rcvoked permanently, 
16 
In addition to the penalties prescribed in this Act, any alien who violatcs such 
17 
provIsion shall, alier servicc of' sentence: be deported immediately without hlrthcr 
18 
proceedings, 'llld bc bmred permanently Il'om entering the country. 
19 
The maxilllum pcnalty provided in this Act shall be imposed ill addition to absolute 
20 
perpetual disqualillcatioll fro111 any public oCiicc, to any goverIll11cllt official or cmployce 
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I(lllnd guilty I,"' the cOlllmission orany oftbe oJTcnses under this Act. 
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I'ersons who conspire to commit any of the prohibited acts under Section 6 hereof 
2.3 
shall be punished by the same penalty prescribed for herein, 
24 
There is a conspiracy \vhcn two or more persons C0111C to an agrccll1cnt concern.ing the 
25 
commission or any or the olTcnses uncier this Act and decide to commit the same. 
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SEC. 7. FIllj'eitllJ'e I//ld De,\'tl'llctioll. - If any chemical weapon is [(lUnd anywhere on 
2 
the territory or in any other place under the jurisdiction of the Philippines, the warehouse or 
3 
the plaee where the chemical weapons is being stored, the chemical weapons, as well as the 
4 
ihJits and proceeds and such other instrumcnt related thereto shall be forfeited in i,\YOI' of the 
5 
national govcrnmcnt through the 
PNA~CV"C and shall be destroyed or disposcd in 
6 
accordance with existing environmental regulations or related applicable laws. 
7 
SEC. 8. Applicatioll. - The provisions of this Act shall apply to all pcrsons within or 
8 
outside of' the Philippines and persons on board vessels and aircraft registered in, belonging 
9 
to, or in possession of the Philippines, ifany o['the prohibited act is committed 
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a) Ilya Philippine citizen; 
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Il) Against a Philippine citizen while the citiz,en is outside the Philippines; 
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e) Against any property owned, leased, or L1sed by the Philippines or by any of' its 
1.3 
departments, agencies, or instrumentalities; 
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eI) Ily a partnership, corporation, association or any jurIdical person, which is owned 
15 
and/or controllcd by one or more Philippine citizen. 
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17 
CIIAI'T1m III 
18 
REGlJLAT\ON (W SClIEIHJLE]) CTTEMICALS 
19 
SEC. 9. UcellsillK of' Chemicals.-· ;\n application ttlr a license to do any of the acts 
20 
rcl'ened to in paragraph (1) to (3) shall be made to the I'NA~CWC in such manner or form as 
21 
the I'NA~CWC may dclcrnline and shall be accompanied by the prescribed fcc. 
22 
The PNA~C:W(, may make regulations to prescribe the manner of application itlr a 
23 
license, the ttll'lll and duration 0[' a license; Ihe terms and conditions upon which and the 
24 
cireull1stances in which a license may be granted, held, suspended, cancelled, extendcd, 
25 
renewed 01' replaced; and the Ices payable in respect thereof. 
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1I. Schedille /.- Subject to the provisions or this Chapter. no pcrson shall produce, 
2 
acquire, rctain, transler or usc toxic chci11icals listed under Schedule I unless--
3 
I. such production, ncquisition, retention, transfer or use is for research, medical, 
4 
phanllaccnticnl or protective purposes; 
5 
2. the types and quantities or the toxie chemicals are strictly limited to those whieh 
6 
can hcjusti lied f()r such purposcs; 
7 
1. the aggregntc amount of such chemicals nt any given time for such purposes IS 
8 
equal to or less thnn ten kilograms I()r each fileility in a calendar year; and 
9 
,I. such production, acquisition, retention, transfer or use is authorized by the PNA-
10 
ewe. 
11 
fl. Schedille 2 and 3 chemicals and unscheduled discrele orxal1ic chemicals. 
12 
I. Lxcept under and in accordance with the conditions of n license granted by the 
13 
I'NJ\-(,WC: or by the agcncy/ies to which the PNJ\-CWC has delegated such 
14 
power, no person shall: 
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1. 
prOl\uee, process or consume more than \ kilogram of a Schedule 2, part 
i\ * chcmical per year I()!' a purposc not prohibited under the Chemical 
Wcapons Convention; or 
11. produce, process or consumc more than 100 kilograms of any other 
Schedule 2, part i\ chcmical per year I()r a purpose not prohibited under 
the Chemical Weapons Convcntion; or 
111. subjcct to paragraph (2)(e), produce, process or consume more than 1 
tonlle of a Schedule 2, part II chemical per year for purposes not prohibited 
under thc Chcmical Wcapons Convention; or 
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export 
IV. subject to suhparagraph (:?)(c), produce more than JO tonnes of a Schedule 
1 chemical per year for purposes not prohibited under the Chemical 
Weapons COllvention; or 
v. subject to subparagraph (2)(e), produce by synthesis more tl1an200 tonnes 
01' unscheduled discrctc organic chemicals or more than 30 tonncs of an 
unscheduled 
discrete 
orgal1le 
chemical 
containing 
the 
clements 
phosphorous, sulphur or Iluorine; 
2, 
A license, granted hy the PNA-CWC or hy the agency/ies to which the PNA-
cwe has delegated the function is required for any person that produced, 
processed, or consumed a Schedule 2 chemical for purposes not prohibited under 
the Chemical Weapons Convention during any or the three calendar years 
previous to the currcnt year, above the l(ll1owing thresholds per year-
\. 
I kilogram ora Schedule 2, part A* chemical 
I\. 
100 kilograms or any othcr Schcdule 2, part A chemical 
II\. I tonne or a Schedule 2, part II chemical. 
l. A license is not required ie)r, as the case maybe, the production, processing, or 
consumption 01' mixtures of chemicals containing 30 percent or less a Schedule 2, 
part II chemical or a Schedule 3 chemical. 
c. IlIIpo,.ls und eXllorls 0/ Schedule 2 and 3 chemicals. 
No person shall import or 
Sehcdule 2 chemicals or Schedule 1 chcmicals except under and in accordance with 
21 
the condition 01' a license granted by the PNA-CWC or by the agencylies to which thc PNA-
22 
(:W(: has delegated such pursuant to the last paragraph of this Section. 
23 
d. Activities 1'01' purposes not prohibited uudcr the Convention. - Any person may, 
2.4 
subject to the provisions or this Act, develop, produce, acquire, retain, transfer, possess or usc 
25 
toxic clicnJicals as listed in Schcdulcs I, 2 and 3 for purposes not prohibited under the 
26 
Convcntion. 
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The I'NA-CWC may, in its sound discretion, delegate its power to Issue licenses 
2 
under this Section to relevant and competent national government agencies. 
3 
SEC. tn. DccJanltiolls . .. -
4 
I) l'III'j1ose o(lhis sec/irll1. 
5 
a) The purpose of this section of this Aet is to ensurc that: 
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10 
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I. 
II. 
Ill. 
Toxic chemicals and their prccursors are only developed, produced, otherwise 
acquired, retained, transferred, or used [or purposes not prohibited under the 
Convention, and 
The I'NA-CWC has knowledge of dealing with chemicals that facilitated the 
making of thc Philippines annual declaration undcr the Convention to the 
OPC:W, and 
The Philippines is otherwise able to fulfil its obligatioll under the Convention. 
13 
Il) Any power uuder this seelion of this Act may bc exercised only for the purpose 
14 
speci lied in subparagraph (I) (a). 
15 
2) SlIpply o(/njiJl'llio/ ion. 
16 
a) Any person who, as the case may be, developed, produced, or otherwise acquired, 
17 
18 
19 
20 
21 
22 
23 
24 
processed, consUlned, retained, transCerred or used toxic chemicals, or thcir 
precursors, to which any provision in Parts VI through IX of the Vcrilication Annex 
ol·tile COllvention applies, or who intends to carry out such activities, must-
I. 
Notify the chemicals and, as the case may be, the facility or plant site to thc 
PNA-CWC, within such period as prescribed by the PNA-CWC, by glV1l1g 
written noticc In a l(ll'In approved by the PNA-CWC and issued under the 
regulations further to this Act, containing such information as is required by 
the I,mn; and 
14 


1 
2 
3 
4 
5 
6 
II. 
111. 
IV. 
Keep records in relation to the chemicals and facility or plant site, and the 
purpose to which the chemicals are put; and 
Prepare, rrom these records, annual reports relating to the chcmicals and the 
filcility or plant site in a form approvecl by the PNA-CWC ancl issuecl uncler 
the regulations issuecl further this Act; and 
Send annual reports to the PN1\-CWC at intervals speei±leci in the regulations 
7 
issued rurther to this Act. 
8 
b) The records and reports under subparagraph 2(a) (i)-(iv) must be sui1ieient to satisfy 
9 
the PNA-('WC that the convention ancl the provisions oftbis Act ancl any regulations 
10 
made under this Act arc being complied with. 
11 
SEC. 11. Verification and lmjlectiol1. -
12 
I) The I'NA-CWC sha1l issue regulations to f'leilitate compliance with the Annex on 
13 
Implementation and Vcrillcation to the Chcmical Weapons Convention. 
14 
2) Inspected persons and tileir personnel have the duty to facilitate OPCW inspections 
15 
and to cooperatc with the international inspectors and the escort team in complying 
16 
with their duties and erticiently carrying out the international inspection. 
17 
SI(C. 12. Protectioll l!f COllfidential b!formation. - Any eonl1c!cntial information 
18 
that is given or obtained pursuant to this Act shall he disclosed only for the purposc or 
19 
cOillplying with obligations under the Convention, the enlorcement of this Act, or dealing 
20 
with an emergency involving public salcty. 
21 
SI':C. D. /tdditiolllll Pellalties [Jllder Chapter TTT. - In case the prohibited act is 
22 
committed by a partnership, corporation, association, or any juridical person, the partner, 
23 
president, director, or manager who consents to or knowingly tolerates such violation shall he 
24 
held crilninally liable. Tn case the prohibited act is committed by analie!), the person shall be 
25 
deported imlllediately ailer service of scntcncc. Tn case the prohibited act is committed by a 
15 


1 
govcrnmcnt onlcial or elllployee, the accessory penalty of perpetual absolute disqllalification 
2 
to hold puhlic onlee shall he imposed, 
3 
4 
CHAPTER V 
5 
MISCELLANIWUS PROVISIONS 
6 
SI<:C. 14. i-cKa/ Cooperatiol/ (I//{/ Assistal/ce. -
7 
I) The I'NI\-C\VC may collaborate with other State authorities and international 
8 
organizations and cntities, and coordinate their actions to the extent required by the 
9 
implementation or this I\ct or of tbc equivalent statutc(s), subject to other State 
10 
authoritics or intcl'Ilational org'anizations or entitics bcing bound to orllcial secrecy, 
11 
2) The I'NI\-CWC: may request other State authorities and international organizations or 
12 
entities, under paragraph (I) to providc relevant data or information, The PNII-CWC 
13 
is authorized to receive data or information concerning: 
14 
a) The nature, quantity, and utilization or scheduled chcmicals or their precursors 
15 
and related technologies, and the places of consignment and consignees for such 
16 
scheduled chemicals, precursors, or related technologies; or 
17 
b) Persons taking part in the production, delivery, or brokcrage or the scheduled 
18 
chelllicals, precursors, technologies in subparagraph Cal, 
19 
3) II' a State has entercd into the appropriate reciprocity agrcement with the Philippines, 
20 
(he l'NII-CWC may provide, on their OWll initiative or on request, the data or 
21 
inlllrlllation describcd in paragraph (2) to that State so long as the other competent 
22 
Statc authority provides assurances that such date or ini(lrlllation shall: 
23 
a) Only be utili/ed ")l' purposes consistent with this Act; anel 
24 
b) Only he used in crill1inal procecdings on the condition that they arc obtained Il1 
2S 
accordance with those provisions governing international juridical cooperation. 
16 


1 
4) The PNA-CWC Illay provide data or in[(Jrl11ation described in paragraph (2) to 
7. 
intcrnatiollnl organi/.ations or entities ii' tbc conditions set forth in paragraph (3) arc 
3 
f'ullilled, in which case the requirement l'or reciprocity agreement is waived. 
4 
SEC. I S. Supplemental Application (){ tile Revised Penal Code and Other Laws. -
5 
The provisions 01' the Revised Penal Code, r luman Security Act, and other laws shall have 
6 
supplemental application to thc provisions of'this Aet. 
7 
SI<~C. 16. Jurisdiction . .. Any of the Regional Trial Courts where any of the clements 
8 
01' the orknse has been commitlcd have jurisdiction over all cases or violations or this Act 
9 
and application lilr ancillary writs and processes 01' search warrant, seizure and l'orfeiture. 
10 
I'rol'itied, That the lirst court that acquircs jurisdiction shall cxercise the same to the 
11 
exclusion of all other courts unless the Supreme Court authorizes the transfer of venue to 
12 
prevent injustice. 
13 
SEC, 17, Implemclltillg Rules /I/UI Regulations, -- Within sixty (60) clays from the 
14 
establishment ol'the I'NA-CWC: as provided in Section 4 herein shall issue the specific Rules 
1S 
and Regulations as may be necessary to ensure the el1ieient and elTeetive implementation or 
16 
the pruvisions o('this Aet. 
17 
S)(C. IN. '/hlll.vifOl:V Clallse. - All powers, flmetions and all pending work contracts 
18 
andlor obligations relating to the ewe or the Anti-Terrorism Council (ATe), acting as the 
19 
interim I'NA-('WC pursuant to Fxecutive Order No. 19, Series of 20 II, shall be assumed and 
20 
turned over to the I'Ni\-CWC uJlon establishlllcnct thereo1: as provided in Section 4 hereof. 
21 
SEC. 19, /tppropl'iatiol1s, -- The a11l0llnt 0(' Fifty Million Pesos (1'1 [P50,OOO,OOO.OO) 
22 
IS herehy appropriated to the I'NA-CWe as initial runding Cor its iiI'S! year of operation, 
23 
chargeable against the Contingent Fund of the Olliee of the President. Thcreailcr, said 
24 
amount shall he ineluded in the Annual (Jeneral Appropriations Aet. 
17 


1 
SI<X:. 20. SepIIl'lIbili(I' Clause. -
II' any provIsIon or portion of this Act or the 
2 
application thercol' to any pcrson or circumstance is declared to be unconstitutional or invalid. 
3 
the other provisions or portions of this Act, and the application of such provision or portion, 
t! 
to o(her persons or eil'cllfllstanccs, sha!!no! be affected thereby, 
5 
SI(C. 21. Repelllill!: Cllln\'e. - All laws, decrees, executive orders, ntlcs or regulations 
6 
or paris Ihereof: inconsislcnt with thc provisions or this Act, arc hereby rcpealed, amended or 
1 
l110Liilkd accordingly. 
8 
SI(c' 22. Ff/ectivi(V. - This Act shall takc ellCct Eneen (IS) days after its publication 
9 
in (he (Jflicio/ (;ozelle 01' in two (2) newspapers of' general circulation, 
;/1){)l'Ove", 
18 


ANNEX 1 
Schedules of Chemicals and Guidelines for the Schedules of Chemicals under the 
Chemical Weapons COllvention' 
Schedule 1 
A. Tllxic chemicals 
I 
Info retrieved from 
http://www.opcw.orgjchemical-weapons-conventionJannex-on-chenticals/b .. 
schedules··of-chcmicals/schcdllie-l/ . 
1 


B.Prccursors 
A. Toxic chemicals 
B. Precursors 
( 1] 
[~3 
SChedule 2 
2 


Schedule 3 
A. Toxic chemicals 
B. Precursors 
3 


Guidelines fllr Schedule 1 
1. The following criteria shall be taken into account in considering whether a toxic chemical or 
precursor should be included in Schedule 1; 
(a) It has been developed, produced, stockpiled or used as a chemical weapon as defined in 
Article II; 
(b) It poses otherwise a high risk to the object and purpose of this Convention by virtue of its 
high potential for usc in activities proh ihited under this Convention because one or more of the 
following conditions are met: 
(i) It possesses a chemical structure closely related to that of other toxic chemicals listed in 
Schedule 1, and has, or Gill be expected to have, comparable properties; 
(ii) It possesses such lethal or incapacitating toxicity as well as other properties that would 
enable it to be used as a chemical weapon; 
(iii) It may be used as a precursor in the fin"l single technological stage of production of a toxic 
chemical listed in Schedule 1, regardless of ,whether this stage takes place in facilities, in 
munitions or elsewhere; 
(el 
It 
has 
lillie 
or 
no 
use 
IClr 
purposes 
not 
prohibited 
under 
this 
Convention. 
Guidelines lor Schedule Z 
2. The following criteria shall be taken into account in considering whether a loxic chemical not 
listed in Schedule lora precursor to a Schedule 1 chemical or to a chemical listed in Schedule 2, 
part A, should be included in Selwdule 2: 
(a) It poses a significant risk to the object and purpose of this Convention because it possesses 
such lethal or incapacitating toxicity as well as other properties that could enable it to be used 
as a chemical weapon; 
(b) It may be used as a preclII'sor in one of the chemical reactions at the final stage of formation 
of a chemical listed in Schedule 1 or Schedule 2, pat:t A; 
4 


(c) It poses a signillcant risk to the object and purpose of this Convention by virtue of its 
importance in the production of a chcmicallisted in Schedule 1 or Schedule 2, part A; 
(d) It is not produced in large commercial quantities for purposes not prohihited under this 
COllvenlion. 
Guidelines for Schedule 3 
3. The following criteria shall bc taken into account in considerinr, whether a toxic chemical or 
precursor, not listed in other Schedulcs, should he included in Sd10.dulc 3: 
(a) It has been produced, stockpiled or used as a chemical weapon; 
(b) It poses otherwisc a risk to the object and purpose of this Convention because it possesses 
such lethal or incapacitating toxicity as well as other properties that might enable it to be useel 
as a chemical weapon; 
(c) It poses a risk to the object and purpose of this Convention by virtue of it~ imparlance in the 
production of one or more chemicals listed in Schedule 1 or Schedule 2, part B; 
(d) It Illay be produced in large cOlllmercial quantities for purposes not prohibited under this 
Convention. 
5