" 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 1456 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
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·13 
SEP -2 P 1 :32 
Chemical weapons are a lethal misapplication of scientific endeavour and scarce resources, and 
the use thereof constitutes a crime against humanity. In the past, these instruments of nations' 
arsenals have produced devastating and indiscriminate casualties among waITing states. In the 
modern society, their use, especially by non-state actors such as terrorists, is of deepening 
concern among political leaders. This time, terrorists, not rogue nations, pose as a greater 
chemical weapon threat. The accessibility, proven attack method, and the added value of the 
psychological impact of chemical weapons on societies and governments make their use 
desirable in the eyes of terrorists. This is true among extremists motivated by ideology and 
groups who simply intend to sow fear for the purpose of causing significant social and economic 
disruption. 
Hence, the adoption of a Chemical Weapons Convention to provide the legal framework for 
defending society against chemical terrorism, for maintaining the peaceful and meaningful 
utilization of chemistry, and for creating a treaty regime ensuring that governments from 
different states fulfil the national obligation of implementing chemical disarmament and non-
proliferation. 
After 12 years of negotiations, the Chemical Weapons Convention was adopted by the 
Conference on Disarmament in Geneva on 3 September 1992, opened for signature in Paris on 
13 January 1993, and entered into force on 29 April 1997 to outlaw the production, stockpiling, 
and use of chemical weapons. The Convention is the first disarmament agreement negotiated 
within a multilateral framework that provides for the elimination of an entire category of 
weapons of mass destruction under universally applied international control.l The Convention 
establishes an international norm against the development of chemical weapons for all time, and 
provides the legal and political basis for firm action against those who violate its rules.2 
This measure is being put forward with the end in view of providing the Philippine Government-
with an enabling legislative framework required to fulfil its obligations under the Convention 
where the country is a signatory. The country signed the Convention on 13 January 1993, ratified 
the same on 21 February 1995, with the Philippine Senate thereafter adopting a resolution to 
signify its concurrence on 19 August 1996. Under this measure, a Philippine National Authority 
for the Chemical Weapons Convention is ,established to serve as the national coordinating body 
for effective liaison with the Organization for the Prohibition of Chemical Weapons (OPCW) 
and other State Parties to the Convention, and shall be the lead agency in the implementation of 
the provisions of the Convention. 
In view of the foregoing, immediate enactment of this measure is e 
stly sought. 
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Z Secretary General Kofi Annan's Opening Remarks to Conference of Parties to Convention at The Hague. Infonnation retrieved from 
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1 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
1456 
S.No. ___ _ 
.:Sn1t!t,1? 
(~th;t l,f H,\? ~Hy"'J1f\l 
'13 
SEP -2 P 1 :32 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
PROHIBITING THE DEVELOPMENT, PRODUCTION, STOCKPILING, USE OF 
CHEMICAL WEAPONS AND PROVIDING FOR THEIR DESTRUCTION AND 
PROVIDING PENAL nES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted in the Senate and House of Representatives of the Philippines in Congress 
assembled: 
CHAPTER I 
GENERAL PROVISIONS 
1 
SECTION 1. Short Title. - This Act shall be known as the "Chemical Weapons 
2 
Prohibition Act of 2013." 
3 
4 
SEC. 2. Declaration of Principles;·"- The State, consistent with national interest, adopts 
5 
and pursues a policy of freedom from chemical weapons in its territory, of protection of all 
6 
human beings and the global environment from the effects of chemical weapons, and hereby 
7 
conforms with its obligations under the Convention on the Prohibition of the Development, 
8 
Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, otherwise 
9 
known as the Chemical Weapons Convention (hereinafter referred to as Convention), to which 
10 
the Philippines is a State Party. 
11 
12 
Towards this end the State shall not, under any circumstance, develop, produce, 
13 
manufacture, acquire, possess, stockpile, retain, transfer, or use chemical weapons, or engage in 
14 
any other activities prohibited under the Convention, and shall prohibit all persons from 
15 
developing, producing, manufacturing, acquiring, possessing, stockpiling, retaining, transferring, 
16 
or using chemical weapons or engaging in any other activities prohibited under the Convention. 
17 
18 
SEC. 3. Definition of Terms - For the purpose of this Act, the following terms are 
19 
hereby defined. 
20 
21 
a. "Chemical Weapon" means the following, together or separately: 
1 


.' 
1 
(i) Toxic chemicals and their precursors, except where intended for purposes not prohibited 
2 
under the Convention, as long as the types and quantities are consistent with such 
3 
purposes; 
4 
(ii) Munitions and devices, specifically designed to cause death or other harm through the 
5 
toxic properties of those toxic chemicals specified in subparagraph (i), which would be 
6 
released as a result of the employment of such munitions and devices; 
7 
(iii)Any equipment specifically designed for use directly in connection with the employment 
8 
of munitions and devices specified in subparagraph (ii). 
9 
10 
b. "Discreet Organic Materials" means any chemical belonging to the class of chemical 
11 
compounds consisting of all compounds of carbon except for its oxides, sulphides and 
12 
metal carbonates. 
13 
14 
c. "Key component of Binary or Multi-component Chemical Systems" means the 
15 
precursor which plays the most important role in determining the toxic properties of the 
16 
final product and reacts rapidly with other chemicals in the binary or multi-component 
17 
system. 
18 
19 
d. "OPCW" refers to Organization for the Prohibition of Chemical Weapons. 
20 
21 
e. "Person" means, except as otherwise provided, any individual, corporation, partnership, 
22 
firm, association, trust, estate, public or private institution, or any political entity, any 
23 
foreign government or nation or any agency, instrumentality or political subdivision of 
24 
any such government or nation, or oth~r entity located in the Philippines: 
25 
26 
27 
28 
29 
30 
31 
f. "Precursors" mean any chemical r~:~t~nt which takes part at any stage in the production 
by whatever method of a toxic che 
.~al. These include any key component of a binary or 
FIl! ~'i 
multi-component chemical system,' Precursors which have been identified for the 
application of verification measures by the OPCW are listed in the Schedules contained 
in the Annex on Chemicals to the Convention. 
32 
g. "Purposes not prohibited" means: 
33 
(i) 
Industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes; 
34 
35 
(ii) 
Protective purposes, namely. those purposes directly related to protection against toxic 
chemicals and to protection against chemical weapons; 
36 
(iii) 
Military purposes not connected with the use of chemical weapons and not dependent 
37 
on the use of the toxic properties of chemicals as a method of warfare; 
2 


1 
(iv) 
The use of non-lethal weapons, other than those prohibited under this Act and the 
2 
3 
4 
5 
6 
7 
8 
9 
(a) 
(b) 
(c) 
Convention, for the maintenance of public security and order: 
By the law enforcement authorities; 
By the Armed Forces of the Philippines when taking measures to suppress 
insurgency and other serious threats to national security, and where the use 
thereof is most appropriate than the use of deadly force; 
By the Armed Forces of the Philippines within the framework of a system of 
mutual collective security, and training for its use. 
10 
h. "Riot control agents" means any chemical not listed in Schedule I, Schedule 2 or 
11 
Schedule 3 of the Annex on Chemicals to the Convention which can produce rapidly in 
12 
humans, sensory irritation or disabling physical effects which disappear within a short 
13 
time following termination of exposure. 
14 
15 
i. 
"Scheduled chemicals" means those chemicals listed in Schedule 1, Schedule 2 and 
16 
Schedule 3, respectively, of the Annex on Chemicals to the Convention. 
17 
18 
j. "Toxic chemical" means any chemical which through its chemical action on life 
19 
processes can cause death, temporary incapacitation or permanent harm to humans or 
20 
animals. This definition includes all such chemicals therein, regardless of their origin or 
21 
of their method of production, and regardless of whether they are produced in facilities, 
22 
in munitions or elsewhere. 
23 
24 
Toxic chemicals which have been identified for the application of verification measures 
25 
by the OPCW are listed in Schedules contained in the Annex on Chemicals to the 
26 
Convention. Unless the contrary intention appears, an expression or term that is used both 
27 
in this Act and in the Convention but is not defined in this Chapter shall have, in this Act, 
28 
the same meaning provided in the Convention. 
29 
30 
k. "Verification Annex" means the Annex on Implementation and Verification to the 
31 
Convention. 
32 
33 
SEC. 4. Establishment of a Philippine National Authority for the Chemical Weapons 
34 
Convention. -
A Philippine National Authority for the Chemical Weapons Convention 
35 
hereinafter referred to, for brevity, as the "PNA-CWC", is liereby created. The members of the 
36 
PNA-CWC are: (1) the Executive Secretary, who shall be its Chairperson; (2) the Secretary of 
37 
Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the 
38 
Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the 
3 


1 
Secretary of Finance; (7) the National Security Advisor; (8) Secretary of Health; (9) Secretary of 
2 
Environment and Natural Resources; (10) Secretary of Agriculture; (11) Secretary of 
3 
Transportation and Communications; (12) the Secretary of Trade and Industry; (13) Secretary of 
4 
Energy, as its other members. The PNA-CWC shall determine its organizational structure 
5 
accordingly. 
6 
7 
The National Bureau ofInvestigation, the Office of Civil Defense, the Intelligence Service of the 
8 
Armed Forces of the Philippines, the Philippine Center on Transnational Crime, Philippine Drug 
9 
Enforcement Agency, the Dangerous Drugs Board, the Food and Drugs Board, the Food and 
10 
Drug Administration, the Philippine National Police intelligence and investigative elements and 
11 
heads of agencies considered necessary or advisable by the PNA-CWC shall serve as support 
12 
agencies for the Council. The PNA-CWC shall determine its organizational structure 
13 
accordingly. 
14 
15 
The PNA-CWC shall have the following duties and functions: 
16 
17 
a) Liaise with the OPCW and other State Parties on matters relating to the Convention; 
18 
b) Prepare and submit annual declarations to the OPCW on scheduled chemicals and 
19 
facilities and impose regulatory and monitoring fees for scheduled chemicals; 
20 
c) Develop rules and regulations and formulate policies concerning the production, 
21 
processing, consnmption, importation, exportation use and proper disposition of 
22 
scheduled chemicals and facilities, and other chemical production facilities; 
23 
d) Desiguate and specify the required training and the functions of national inspectors, who 
24 
shall report to the PNA-CWC; 
25 
e) Conduct and facilitate national, as well as international inspections by the OPCW 
26 
inspectors, of sites involving scheduled chemicals or other chemical production facilities; 
27 
f) Cause or direct the investigation and prosecution of violators of laws concerning 
28 
chemical weapons, or the handling of toxic chemicals in violation of this Act; 
29 
g) Perform such other functions to effectively implement the provisions of the Convention. 
30 
31 
The PNA-CWC is hereby empowered to compel, as may be necessary, assistance and support 
32 
from all departments, bureaus, offices, agencies, or instrumentalities, of the government, 
33 
including government owned andlor controlled corporations and other government institutions to 
34 
effectively perform its duties and functions under this Act. 
4 


1 
CHAPTER II 
2 
PROHIBITIONS REGARDING CHEMICAL WEAPONS AND SCHEDULED 
3 
CHEMICALS IN THE CHEMICAL WEAPONS CONVENTION 
4 
5 
6 
SEC. 5. Prohibited Acts. -
7 
a. Develop, produce, acquire, stockpile, use, retain, or engage in military preparations to 
8 
use a chemical weapon; 
9 
b. Assist and encourage or induce III any way, a person, to engage III activities 
10 
prohibited under Convention; 
11 
c. Transfer, directly or indirectly, a chemical weapon to any other natural and/or 
12 
juridical person; 
13 
d. Use a riot control agent as a method warfare; 
14 
e. Produce, acquire, retain, or use Schedule I chemicals in a state not party to the 
15 
convention; 
16 
f. 
Retransfer to a third State, the Schedule 1 chemicals transferred to the Philippines; 
17 
g. Transfer Schedule I chemicals to another state party without notifying the PNA-
18 
CWC not less than sixty (60)qays before the transfer, except for the transfer of 
19 
saxitoxin, which notification shall be allowed not less than twenty four (24) hours 
20 
before the time of transfer, if the transfer is for medical/diagnostic purposes and the 
21 
quantity is five milligrams (5 mg) or less (par 5, Part IV Schedule I Regime); 
22 
h. Transfer to or receive from a state not party to the Convention Schedule 2 chemicals 
23 
or products containing such chemicals. This prohibition shall not apply to those 
24 
products containing Schedule 2 chemicals in which: 
The product contains one percent or less of a Schedule 2A or 2A * chemical; 
The product contains 10 percent or less of a Schedule 2B chemical; or 
25 
26 
27 
i. 
ii. 
iii. 
The product is identified as a consumer good packaged for retail sale for 
28 
personal use or packaged for individual use. 
29 
i. 
Transfer to ·a state not party to the Convention Schedule 3 chemicals without 
30 
receiving, prior to the transfer an end-user certificate from the competent government, 
31 
authority of such State pursuant· to· paragraph 26 of Part VIII of the Verification 
32 
Annex to the Convention. This shall not apply to those products containing Schedule 
33 
3 chemicals in which: 
34 
35 
36 
37 
i. 
ii. 
The product contains.30 percent or less of a Schedule 3 chemical; or 
The product is identified as a consumer good packaged for retail sale for 
personal use, or packaged for individual use. 
5 


1 
Nothing in this Act shall be construed to prohibit the Anned Forces of the Philippines from using 
2 
non-lethal weapons other than those prohibited in this Act, in the conduct of combat operations 
3 
for the suspension of insurgency and other serious threats to national security where the use of 
4 
such non-lethal weapons is deemed most appropriate than use of deadly force. 
5 
6 
SEC. 6. Penalties. - Any person who commits any of the prohibited acts under Section 5 
7 
shall suffer the penalty of imprisonment for a period between 12 years and one day to life 
8 
imprisonment, and a fine from two million pesos (PHP 2,000,000.00) to five million pesos (PHP 
9 
5,000,000.00). 
10 
11 
In case any of the violation of this Act is committed by a partnership, cooperation, association, or 
12 
any other juridical entity, the partner, president, director, manager, trustee, administrator, or 
13 
officer who consents to, or knowingly tolerates such violation shall be held criminally liable. 
14 
15 
The registration with the SEC or DTI, as the case may be, and license to operate of the 
16 
partnership, corporation, association or any other juridical entity, shall be cancelled and revoked. 
17 
permanently. 
18 
19 
In addition to the penalties prescribed in this Act, any alien who violates such provision shall, 
20 
after service of sentence, be deported immediately without further proceedings, and be barred 
21 
permanently from entering the country. 
22 
23 
The maximum penalty provided in this Act shall be imposed in addition to absolute perpetual 
24 
disqualification from any public office, to any government official or employee found guilty for 
25 
the commission of any of the offenses under this Act. 
26 
27 
Persons who conspire to commit any of the prohibited acts under Section 6 hereof shall be 
28 
punished by the same penalty prescribed for herein. 
29 
30 
There is a conspiracy when two or more persons come to an agreement concerning the 
31 
commission of any of the offenses under this Act and decide to commit the same. 
32 
33 
SEC. 7. Foifeiture and Destruction of Chemical Weapon. - If any chemical weapon is 
34 
found anywhere on the territory or in any other place under the jurisdiction of the Philippines, 
35 
the weapons shall be forfeited in favor of the national government through the PNA-CWC and 
36 
shall be destroyed in accordance with existing environmental regulations. 
6 


1 
SEC. 8. Application. - The provisions of this Act shall apply to all persons within or 
2 
outside of the Philippines and persons on board vessels and aircraft registered in, belonging to, or 
3 
in possession of the Philippines, if any of the prohibited act is committed -
4 
1) By a Philippine citizen; 
5 
2) Against a Philippine citizen while the citizen is outside the Philippines; 
6 
3) Against any property owned, leased, or used by the Philippines or by any of its 
7 
departments, agencies, or instrumentalities; 
8 
4) By a partnership, corporation, association or any juridical person, which is owned and/or 
9 
controlled by one or more Philippine citizen. 
10 
11 
12 
13 
CHAPTER III 
REGULATION OF SCHEDULED CHEMICALS 
14 
SEC. 9. Licensing a/Chemicals. -
15 
16 
1) Schedule of Chemicals. - No person shall produce, acqUIre, retain, transfer or use 
17 
Schedule 1 chemicals except under and in accordance with the conditions of a license 
18 
granted by the PNA-CWC, or by the agency/ies by which the PNA/CWC has delegated 
19 
such, pursuant to paragraph (5). 
20 
21 
Any person who produces, acquires, retains, transfers or uses Schedule I chemicals 
22 
without a license 
or contravenes the conditions thereof shall suffer the penalty of 
23 
imprisonment of six years and one day to twelve years and/or a fine from one million 
24 
pesos (PHP 1,000,000.00) to two million pesos (PHP2,000,000.00). 
25 
26 
2) Schedule 2 and 3 chemicals and unscheduled discrete organic chemicals. -
27 
a) Except under and in accordance with the conditions of a license granted by the 
28 
PNA-CWC or by the agency/ies by which the PNA-CWC has delegated such, 
29 
pursuant to paragraph (4), no person shall: 
30 
31 
32 
33 
34 
35 
36 
i. 
ii. 
produce, process or consume more than 1 kilogram of a Schedule 2, part 
A * chemical per year for a purpose not prohibited under the Chemical 
Weapons Convention, or 
produce, proces,s "or c,onsume more than 100 kilograms of any other 
Schedule 2, part A chemical per year for a purpose not prohibited under the 
Chemical Weapons Convention, or 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
3) 
35 
36 
37 
38 
iii. 
subject to paragraph (2)( c), produce, process or consume more than I tonne 
of a Schedule 2, part B chemical per year for purposes not prohibited under 
the Chemical Weapons Convention, or 
IV. 
subject to subparagraph (2)(c), produce more than 30 tonnes of a Schedule 
3 chemical per yel\l' for purposes not prohibited under the Chemical 
Weapons Convention, or 
v. 
subject to subparagraph (2)(c), produce by synthesis more than 200 tonnes 
of unscheduled discrete organic chemicals or more than 30 tonnes of an 
unscheduled 
discrete 
organic 
chemical 
containing 
the 
elements 
phosphorous, sulphur or fluorine; 
Any person who produces, processes or consumes Schedule 2 or 3 chemicals or 
unscheduled discrete organic chemicals for purposes other than those not 
prohibited under this Act, or without a license or contravenes with the conditions 
thereof shall suffer the penalty of imprisoument of four years and one day to six 
years and/or a fine from five hundred thousand pesos (PHP500,000.00) to one 
million pesos (PHPI,OOO,OOO.OO). 
b) A license, granted by the PNA-eWe or by the agency/ies by which the PNA-
CWC has delegated such pursuant to paragraph (4), 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 of the three 
calendar years previous to the current year, above the folloWing thresholds per 
year-
i. 
I kilogram of a Schedule 2, part A * chemical 
ii. 
100 kilograms of any other Schedule 2, part A chemical 
iii. 
I tonne of a Schedule 2, part Bchemical. 
c) A license is not required for, as the case maybe, the production, processing, or 
consumption of mixtures of chemicals containing 30 percent or less a Schedule 2, 
part B chemical or a Schedule 3 chemical. 
Imports and exports of Schedule 2 and 3 chemicals. - No person shall import or export 
Schedule 2 chemicals or Schedule 3 chemicals except under and in accordance with the 
condition of a license granted by the PNA-CWe or by the agency/ies by which the PNA-
CWC has delegated such pursuant to paragraph (4). 
8 


1 
Any person who imports or exports Schedule 2 chemicals or Schedule 3 chemicals, 
2 
without a license, or contravenes with the conditions thereof shall under the penalty of 
3 
imprisonment of four years and one day to six years and/or a fine from five hundred 
4 
thousand pesos (PHP 500,000.00) to one million pesos (PHPI,OOO,OOO.OO). 
5 
6 
4) Licensing.-
7 
8 
9 
10 
11 
12 
13 
14 
15 
a) 
An application for a license to do any of the acts referred to in paragraph (1) to (3) 
shall be made to the PNA-CWC in such manner or form as the PNA-CWC may 
determine and shall be accompanied by the prescribed fee. 
b) The PNA-CWC may make regulations to prescribe the manner of application for a 
license; the form and duration of a license; the terms and conditions upon which 
and the circumstances in which a license may be granted, held, suspended, 
cancelled, extended, renewed or replaced; and the fees payable in respect thereof. 
16 
5) Penalties.-
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
a) Any person who produces, acquires, retains, transfers or uses Schedule I 
. 
, 
chemicals for purposes other than for research, medical, pharmaceutical or 
protective purposes, or contravenes paragraph (1), shall suffer the penalty of 
imprisonment for a period of not less than six years and one day to life 
imprisonment and/or a fine from five hundred thousand pesos (PHPSOO,OOO.OO) to 
ten million pesos (PHPIO,OOO,OOO.OO). 
b) Any person who as the case may be, produces, processes or conSumes Schedule 2" 
or 3 chemicals or unscheduled discrete organic chemicals for a purpose other than 
purposes not prohibited under the Chemical Weapons Convention, or contravenes 
paragraphs (2) or (3) shall suffer the penalty of imprisonment of not less than two 
years to twenty years and/or a fine from fifty thousand pesos (PHPSO,OOO.OO) to 
five million pesos (PHPS,OOO,OOO.OO). 
SEC. 10. Submission of Information. -
33 
1) Purpose of this section. -
34 
a) The purpose ofthis section oftbjs Actis to ensure that: 
35 
36 
37 
i. 
Toxic chemicals and their precursors are only developed, produced, otherwise 
acquired, retained, transferred, or used for purposes not prohibited under the 
Convention, and 
9 


1 
2 
3 
4 
ii. 
iii. 
The PNA-CWC has knowledge of dealing with chemicals that facilitated the making 
of the Philippines annual declaration under the Convention to the OPCW, and 
The Philippines is otherwise able to fulfil its obligation under the Convention. 
5 
b) Any power under this section of this Act may be exercised only for the purpose in 
6 
subparagraph (I) (a). 
7 
8 
2) Supply of Information. -
9 
a) Any person who, as the case may be, developed, produced, or otherwise acquired,. 
10 
processed, consumed, retained, transferred or used toxic chemicals, or their precursors, to 
11 
which any provision in Parts VI through IX of the Verification Annex of the Convention 
12 
applies, or who intends to carry out such activities, must-
13 
i. 
NotifY the chemicals and, as the case may be, the facility or plant site to the PNA-
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
ii. 
iii. 
iv. 
CWC, within such period as prescribed by the PNA-CWC, by giving written notice in 
a form approved by the PNA-CWC and issued under the regulations further to this 
Act, containing such information as is required by the form, and 
Keep records in relation to the chemicals and facility or plant site, and the purpose to 
which the chemicals are put, and 
Prepare, from these records, annual reports relating to the chemicals and the facility 
or plant site in a form approved by the PNA-CWC and issued under the regulations 
issued further this Act, and 
Send annual reports to the PNA-CWC at intervals specified in the regulations issued 
further to this Act. 
24 
b) The records and reports under subparagraph 2(a) (i)-(iv) must be sufficient to satisfY the 
25 
PNA-CWC that the convention and the provisions of this Act and any regulations made 
26 
under this Act are being complied with. 
27 
28 
Any person who refuses or fails to notifY the PNA-CWC pursuant to the provisions of this 
29 
Section shall suffer the penalty of imprisonment of one year and one day to two years and/or a 
30 
fme of five hundred thousand pesos (PHP 500,000.00). 
31 
32 
Any person who fails to give the required additional information or keep records pursuant to this 
33 
Section shall suffer the penalty of imprisonment of six months and one day to one year and/or a 
34 
fine of one hundred thousand pesos (PHP 100,000.00). 
35 
36 
Any person who, in any document prepared pursuant to this Section, makes a statement or omits 
37 
any matter knowing that the statement or omission makes the document false and misleading in a 
10 


1 
material particular, shall suffer the penalty of six months and one day to one year and/or a fine of 
2 
one hundred thousand pesos (PHPIOO,OOO.OO) 
3 
4 
3) False or misleading statements. - Any person who shall, in any document prepared 
5 
pursuant to this section of this Act, make a statement or omit any matter knowing that the 
6 
statement or omission makes the document false or misleading in a material particular, 
7 
shall, after hearing and due proceedings, suffer the penalty or imprisonment for a period 
8 
of six years and one day to twenty years, andlor a fine of five hundred thousand pesos 
9 
(PHPSOO,OOO.OO) to ten million pesos (PHPlO,OOO,OOO.OO) 
10 
SEC. 11. VerifICation and Inspection. -
11 
12 
1. 'The PNA-CWC shall issue regulations to facilitate compliance with the Annex on 
13 
Implementation and Verification to the Chemical Weapons Convention. 
14 
2. Inspected persons and their personnel have the duty to facilitate OPCW inspections and 
15 
to cooperate with the international inspectors and the escort team in complying with their 
16 
duties and efficiently carrying out the international inspection. 
17 
18 
Notwithstanding subsections (1) and (2), any person who obstructs, hinders, resists, or 
19 
deceives any national inspector or international inspector who is exercising any function" 
20 
contemplated, or any power provided for, in the regulations issued further to this section, 
21 
in the Convention or any applicable facility agreement, shall be punished by 
22 
imprisonment for a period of four years and one day to six years, andlor a fine from five 
23 
hundred thousand pesos (PSOO,OOO.OO) to one million pesos (PI,OOO,OOO.OO). in addition, 
24 
the facility in question shall be subject to closure and license related to its activities under 
25 
this Act subject to suspension or revocation. 
26 
27 
SEC. 12. Protection of Confidential Information. - Any confidential information that is 
28 
given or obtained pursuant to this Act shall be disclosed only for the purpose of complying with 
29 
obligations under the Convention, the enforcement of this Act, or dealing ,with an emergency 
30 
involving public safety. Any person who violates this section shall suffer the penalty of 
31 
imprisonment for four years and one day to six years, andlor a fine from five hundred thousand 
32 
pesos (pSOO,OOO.OO) to one million pesos (PI,OOO,OOO.OO). 
33 
34 
SEC. 14. Additional Penalties Under Chapter III. - In case the prohibited act is 
35 
committed by a partnership, corporation, association, or any juridical person, the partner, 
36 
president, director, or manager who consents to or knowingly tolerates such violation shall be 
37 
held criminally liable. In case the prohibited act is committed by an alien, the person shall be 
11 


1 
deported immediately after service of sentence. In case the prohibited act is committed by a 
2 
govemment official or employee, the accessory penalty of perpetual absolute disqualification to 
3 
hold public office shall be imposed. 
4 
5 
6 
7 
CHAPTER V 
MISCELLANEOUS PROVISIONS 
8 
SEC. 15. Legal Cooperation and Assistance. -
9 
1) The PNA-CWC may collaborate with other State authorities and international 
10 
organizations and entities, and coordinate their actions to the extent required by the 
11 
implementation of this Act or of the equivalent statute(s), subject to other State 
12 
authorities or international organizations or entities being bound to official secrecy. 
13 
2) The PNA-CWC may request other State authorities and international organizations or 
14 
entities, under paragraph (1) to provide relevant data or information. The PNA-CWC is 
15 
authorized to receive data or information concerning: 
16 
a) The nature, quantity, and utilization of scheduled chemicals or their precursors and 
17 
related technologies, and the places of consigmnent and consignees for such 
18 
scheduled chemicals, precursors, or related technologies; or 
,I.. 
", 
19 
b) Persons taking part in the production, delivery, or brokerage of the scheduled 
20 
chemicals, precursors, technologies in subparagraph (a). 
21 
3) If a State has entered into the appropriate reciprocity agreement with the Philippines, the 
22 
PNA-CWC may provide, on their own initiative or on request, the data or information 
23 
described in paragraph (2) to that State so long as the other competent State authority 
24 
provides assurances that such date or information shall: 
25 
a) Only be utilized for purposes consistent with this Act; and 
26 
b) Only be used in criminal proceedings on the condition that they are obtained in 
27 
accordance with those provisions governing international juridical cooperation. 
28 
4) The PNA-CWC may provide data or information described in paragraph (2) to 
29 
international organizations or entities if the conditions set forth in paragraph (3) are 
30 
fulfilled, in which case the requirement for reciprocity agreement is waived. 
31 
32 
SEC. 16. Supplemental Application of the Revised Penal Code and Other Laws. - The 
33 
provisions of the Revised Penal Code, Hmnan Security Act, and other laws shall have 
34 
supplemental application to the provisions of this Act. 
35 
36 
SEC. 17. Jurisdiction. - Any of the Regional Trial Courts where any of the elements of 
37 
the offense has been committed have jurisdiction over all cases of violations of this Act and 
38 
application for ancillary writs and processes of search warrant, seizure and forfeiture. Provided, 
12 


" 
1 
That the first court that acquires jurisdiction shall exercise the same to the exclusion of all other 
2 
courts unless the Supreme Court authorizes the transfer of venue to prevent injustice. 
3 
4 
SEC. 18. Implementing Rules and Regulations. - Within sixty (60) days from the 
5 
establishment of the PNA-CWe as provided in Section 4 herein shall issue the specific Ru1es 
6 
and Regulations as may be necessary to ensure the efficient and effective implementation of the 
7 
provisions of this Act. 
8 
9 
SEC. 19. Appropriations. - The amount of Fifty Million Pesos (PHP50,000,000.00) is 
10 
hereby appropriated to the PNA-eWe as initial funding for its first year of operation, chargeable 
11 
against the Contingent Fund of the Office of the President. Thereafter, said amount shall be 
12 
included in the Annual General Appropriations Act. 
13 
14 
SEC. 20. Separability Clause. - If any provision or portion of this Act or the application 
15 
thereof to any person or circumstance is declared to be unconstitutional or invalid, the other 
16 
provisions or portions of this Act, ,and the application of such provision or portion, to other 
17 
persons or circumstances, shall not be affected thereby. 
18 
19 
SEC. 21. Repealing Clause • .:. All 'hlWS, decrees, executive orders, rules or regulations or 
20 
parts thereof, inconsistent with the provisions of this Act, are hereby repealed, amended or 
21 
modified accordingly. 
22 
23 
SEC. 22. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
24 
the Official Gazette or in two (2) newspapers of general circu1ation. 
Approved, 
13 


ANNEX 1 
Schedules of Chemicals and Guidelines for the Schedules of Chemicals under the 
Chemical Weapons Conventionl 
~chedule 1 
A. Toxic chemicals 
01 
1 
(CAS 
Registry 
number) 
fUJI O-Alkyl 
«=C10. incl. cycloalkyl)· alkyl 
(Me. 
Et, n-Pr or i-pr)-j 
j 
~ 
phosphonofluoridates 
_ 
. 
~ 
O-Isopropyl methylphosphonofluoridate 
1(107-44-8) I 
Isoman: IIO-Pinacolyl methylphosphonofluoridate 
11c96-64-0) 
I 
f(z)I O-Alkyl «=C10, inc\. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-PrJ j 
j 
~ 
phosphoramidocyanidates 
__ 
I~:bun: I 
O-Ethyl N,N-dimethyl phosphoramidocyanidate 
1(77-81-6) 
1 
EJ 
O-Alkyl (H or <=C10, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-D 
(3) 
aminoethyl alkyl (Me, Et, n-Pr or i-PrJ phosphonothiolates and 
corresponding alkylated or protonated salts 
le.g. VX: IIO-Ethyl S-2-diisopropylaminoetJ:tylll,lethyl phosphonothiolate 
11(50782-69-9) I 
1(4) 
IISuifur mustards: 
II 
I 
I 
112-ChloroethyJchloromethylsulfide 
11(2625-76-5) I 
I 
IIMustard gas: Bis(2-chloroethyl)sulfide 
11(505-60-2) 
I 
1 
IIBis(2-chloroethylthio)methane 
11(63869-13-6) I 
I 
IISesquimustard: 1,2-Bis(2-chloroethylthio)ethane 
1!c3563-36-8) I 
I 
111,3-Bis(2-chloroethylthio)-n-propane 
11(63905-10-2) I 
Dll,4-BiS(2-ChloroethYlthio )-n-butane 
I g 
42868-93-
DI1,5-BiS(2-ChloroethYlthiO)-n-pentane 
I 
~~42868-94-
I 
IIBis(2-chloroethylthiomethyl)ether 
11(63918-90-1) I 
I 
IIO-Mustard: Bis(2-chloroethylthioethYI)ether 
11(63918-89-8) I 
lc5) 
IILewisites: 
II 
I 
IILewisite1: 2-Chlorovinyldichloroarsine 
11(541-25-3) 
I 
IILewisite 2: Bis(2-chlorovinyl)chloroarsine 
11(40334-69-8) I 
IILewisite 3: Tris(2-chlorovinyl)arsine 
11(40334-70-1) I 
(6) 
IINitrogen mustards: 
II 
I 
I 
IIHN1: Bis(2-chloroethyl)ethylamine 
11(538-07-8) 
I 
I 
IIHN2: Bis(2-chloroethyl)methylamine 
11(51-75-2) 
I 
I 
IIHN3: Tris(2-chloroethyl)amirte ' 
, 
11(555-77-1) 
1 
1(7) 
Iisaxitoxin 
11(35523-89-8) I 
1(8) 
IIRicin 
11(9009-86-3) I 
1 
Info 
retrieved 
from 
http://www.opcw.org/chemical-weapons-convention/annex-on-chemicals/b-
schedules-of-chemicals/schedule-1/ . 
1 


B. Precursors 
01 
1 
(CAS Registry 
number) 
IillJIAlkyl (Me. Et. n-Pr or i-PrJ phosphonyldifluorides 
II 
I 
I~~; IIMethYIPhosPhonYldifluoride 
11(676-99-3) 
1 
1(10) I 
a-Alkyl (H or <=C10. incl. cyc\oalkyl) a-2-dalkyl (Me. Et. n-Pr or i-Pr)-CJ 
aminoethyl alkyl (Me. Et. n-Pr or i-PrJ phosphonites and corresponding 
alkylated or protonated salts 
I~E; I O-Ethyl 0-2-diisopropylaminoethyl methylphosphonite 
1(57856-11-8) I 
1(11) IIChlorosarin: a-Isopropyl methylphosphonochloridate 
11(1445-76-7) 
I 
1(12) Ilchiorosoman: a-Pinacolyl methylphosphonochloridate 
11(7040-57-5) 
I 
Schedule 2 
A. Toxic chemicals 
01 
II(CAS Registry number)1 
let )IIAmiton: O.O-Diethll S-[2-( diethylamino) ethyl) ehosphorothiolatell(78-53-5) 
I 
Oland corresEonding alkylated or protonated salts 
II 
I 
IilllpFIB: 1.1.3.3.3-Pentafluoro-2-(trifluoromethyl)-1-propene 
11(382-21-8) 
I 
1(3)IIBz: 3-Quinuclidinyl benzilate (*) 
, " 
" 
-
11(6581-06-2) 
I 
B.Precursors 
C=II 
I 
(CAS 
Registry 
number) 
EJ 
Chemicals. except for those listed in Schedule 1. containing a D 
phosphorus atom to which is bonded one methyl. ethyl or propyl 
normal or iso) group but not further carbon atoms. 
le.g 
IIMethylphosphonyl dichloride 
11(676-97-1) I 
I 
IIDimethyl methllphosphonate 
11(756-79-6) I 
Exemption: 
a-Ethyl S-phenyl ethylphosphonothiolothionate 
1(944-22-9) II 
Fonofos: 
1(5) 
IIN.N-Dialkyl (Me. Et. n-Pr or i-PrJ phosphoramidic dihalides 
II 
II 
1(6) 
I Dialkyl (Me. Et. n-Pr or i-PrJ N.N-dialkyl (Me. Et. n-Pr or i-pr)-I 
I 
phosphoramidates 
1(7) 
IIArsenic trichloride 
11(7784-34-1) II 
1e8) 
112.2-Diphenyl-2-hydroxyacetic acid 
11(76-93-7) 
II 
ic9) 
IIQuinuclidin-3-ol 
11(1619-34-7)1 
1(10) 
II~.N-Dialkyl (Me. Et. n-Pr or i-PrJ aminoethyl-2-chlorides and I 
I 
_ corresponding protonated salts 
1(11) 
I N.N-Dialkyl 
(Me. 
Et. 
n-Pr 
or i-PrJ 
aminoethane-2-ols 
and 1 
II 
_ corresponding protonated salts 
IExemptions: IIN.N-Dimethylaminoethanol 
11(108-01-0) I 
lIand corresponding pFotonated -salts 
I 
I 
2 


I 
I N,N-Diethylaminoethanol 
11(100-37-8) 
I 
Iland correseonding erotonated salts 
II 
I 
1(12) 
I N,N-Dialkyl (Me, Et, n-Pr or i-PrJ aminoethane-2-thiols andl 
I 
, corresponding protonated salts 
1e13) 
IIThiodiglycol: Bis(2-hydroxyethyl)sulfide 
11c111-48-8) I 
1(14) 
IIPinacolyl alcohol: 3,3-Dimethylbutan-2-ol 
11(464-07 -3) I 
Scbedule3 
A. Toxic chemicals 
01 
II (CAS Registry number)1 
1(1 )IIPhosgene: Carbonyl dichloride 
11(75-44-5) 
I 
IillIC:tanogen chloride 
11(506-77-4) 
I 
1(3)IIHydrogen cyanide 
11(74-90-8) 
1 
1(4) Ilchioropicrin: Trichloronitromethanell(7 6-06-2) 
I 
B.Precursors 
01 
II(CAS Registry number)1 
[illJlPhosphorus oxychloride 11(10025-87-3) 
I 
1(6) IIPhosphorus trichloride 
11c7719-l1.Z-2} • 
II 
l0JIPhosEhorus pentachloridell(10026-13-8) 
I 
1(8) IITrimethyl phosEhite 
11(121-45-9) 
I 
1(9) IITriethyl phosEhite 
11(122-52-1) 
I' 
1(10)IIDimethll Ehosphite 
11c868-85-9) 
I 
IiillIDieth:t1 EhosEhite 
11(762-04-9) 
I 
1(12)lisulfur monochloride 
1I(10Q25-67-9), 
1 
Iiillisulfur dichloride 
11(10545-99-0) 
! 
1(14)IiThionll chloride 
11(7719-09-7) 
1 
1(15)IiEth:tldiethanolamine 
11(139-87-7) 
I 
1(16)UMethyldiethanolamine 
11(105-59-9) 
! 
!(17)IITriethanolamine 
11(102-71-6) 
I 
Guidelines for 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 use in activities prohibited 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 can be expected to have, comparable properties; 
3 


(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 final 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; 
(c) 
It 
has 
little 
or 
no 
use 
for 
purposes 
not 
prohibited 
under 
this 
Convention. 
Guidelines for Schedule 2 
2. The follOwing criteria shall be taken into account in considering whether a toxic chemical not 
listed in Schedule 1 or a precursor to a Schedule '1 chemical or to a chemical listed in Schedule 2, . 
part A, should be included in Schedule 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 precursor in one of the chemical reactions at the final stage of formation of a 
chemical listed in Schedule 1 or Schedule 2, part A; 
(c) It poses a significant risk to the object and purpose of this Convention by virtue of its 
importance in the production of a chemical listed in Schedule 1 or Schedule 2, part A; 
(d) It is not produced in large commercial quantities for purposes not prohibited under this 
Convention. 
, " 
" , 
Guidelines for Schedule 3 
3. The following criteria shall be taken into account in considering whether a toxic chemical or 
precursor, not listed in other Schedules, should be included in Schedule 3: 
(a) It has been produced, stockpiled or used as a chemical weapon; 
(b) It poses otherwise 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 used as a 
chemical weapon; 
(c) It poses a risk to the object and purpose of this Convention by virtue of its importance in the 
production of one or more chemicals listed in Schedule 1 or Schedule 2, part B; 
(d) It may be produced in large commercial quantities for purposes not prohibited under this 
Convention. 
4