FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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!%I 37 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXI'I,ANAL'ORY NOTE 
Asbestos is classified by scientists as a category A human carcinogen, the highest 
canccr hazard classification for a substance. Further, there is no ltiiown safe level of exposure to 
asbeslos. Even low levels of exposure may cause asbestos-related diseases, such as 
mcsothclioma. 
Mauy people incorrectly believe that Ihere is no risk of exposure to asbestos through 
thc use of new commercial products. IIowever, asbestos is still bcing used in roofing products, 
coatings, and friction products. 
Millions of workers in the Philippilies have been, and continue to be, cxposcd to 
dangerous levels of asbestos. Families of workers are also put at risk because of asbestos brought 
home by the workers on their shoes, clothes, skin, and hair. 
Asbestos has already been banned in 40 countries, including Argentina, Australia, 
Austria, Belgium, Chile, Croatia, the Czech Republic, Denniark, Estonia, Finland, France, 
Germany, Iceland, Ireland, Italy, Japan, Latvia, Luxembourg, the Netherlands, Norway, Poland, 
Portugal, Saudi Arabia, the Slovak Republic, Spain, Sweden, Switzerland, and the United 
Kingdom. It was banned throughout the European Union in 2005. 
Banning asbestos from being used in or imported into the country will providc 
certainty to manufacturers, builders, environmental firms, workers, and consumers that after a 
specific date, asbestos will not be used or added to new construction and manufacturing 
materials used in this country.' 
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This bill was originally filed in the Thitteenth Congress, Third Regular Session 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
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JL 
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OF THE PHILIPPINES 
First Regular Session 
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Introduced by Senaior Miriam Defensor Santiago 
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AN ACT 
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BANNING TIIB IMPOIC‘TA‘I’ION, MANUFACTURE, PROCESSING, OR DISTRIBUTION 
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IN COMMERCE OF ASBESTOS-CONTAINING PRODUCTS 
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Be it enacled by the Senate rind the Hotise o j  Represenfativex o j  the Philippines in 
Congress Assembled: 
SECTION 1. Short Title. --This Act shall be known as the “Ban Asbestos Act of 2007.” 
SECTION 2. Declaration of Policy. -. It is the policy of the State to promote the general 
welfare of thc pcoplc. Pursuant to this policy, this Act shall ban 
SECTION 3. Definilion ofTemzs. - For purposes of this Act, the term: 
(A) “Asbcstos-containing product” means any product (including any part) to which 
asbestos is deliberately or knowingly added or in which asbestos is deliberately or 
knowingly used in any concentration; 
“Biopersistent durable fiber” means a silicate fiber that occurs naturally in the 
environment; and is similar to asbestos in resistance to dissolution; leaching; and 
other physical, chemical, or biological processes expected €Tom contact with lung 
cells and otbcr cells and fluids in the human body. 
(B) 
The term “biopersistent durable fiber” includes richterite; winchile; erionite; 
and non-asbestiform varieties of amosite, crocidolite, anthophyllite, trcrnolite, and 
actinolite. 
“Contaminant-asbestos product’’ means any product that contains asbestos as a 
contaminant of any mineral or other substance, in any concentration. 
(D) “Distribute in commerce” means an action taken with respect to an asbestos- 
containing product in connection with the end use of the asbestos-containing 
product by a person that is an end user; or distribution of an asbestos-containing 
(C) 
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product by a person solely Tor the purpose o€ disposal of the asbestos-containing 
product in compliance with applicable laws; 
“Fiber” means an acicular single crystal or similarly elongated polycrystalline 
aggregate particlc with a length to width ratio of 3 to 1 or greater; and 
(E) 
(F) “Person” means any individual, corporation, company, association, firm, 
partnership, joint venture, solc proprietorship, or other for-profit or nonprofit 
business entity (including any manufacturer, importer, distributor, or processor); or 
any governrncnt department, agcncy, or instrumentality. 
SECTION 4. Rssearch and Reporling. - The Department of Health shall conduct a study 
and, not later than eighteen (18) months after the date of enactment of this Act, submit to 
Congress, and governnient departments and agencies, as appropriate, 
(A) A report containing a description of the current state of the science relating to the 
disease mechanisms and health e€€ects o€ exposure to asbestos and other 
biopersistcnt durable fibers; and methods for measwing and analyzing asbestos; 
(B) A description of the current status of labeling practices relating to asbestos- 
contaihg material; and 
(C) Recommendations for €uture asbestos-related disease research and exposure 
assessment practice nceds. 
SrIC‘TTON 5. Prohibition on Asbestos-containing Pr0duct.s. - The Secretary of 13ealth 
shall promulgate not later than one (1) year after the date of enactment of this Act, proposed 
regulations that prohibit persons from importing, manufacturing, processing, or distributing in 
commerce asbestos-containing products; and provide for implementation of paragraphs 8 and C 
of the Section 4. Not later than 2 years after the date of enactment of this Act, he or she shall also 
issue final regulations that, effective beginning sixty (60) days after the date of promulgation, 
prohibit pcrsons from importing, manufacturing, processing, or distributing in commerce 
asbestos-containing products. 
SECTION 6. Exemptions. - Any person may petition the Secretary of Health for, and the 
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Secretary may grant, an exemption from the requirements of set forth in the preceding Section if 
the Secretary determines that the exemption would not result in an unreasonable risk of injury to 
public health or the environment; and the person has made good faith efforts to develop, but has 
been unable to dcvclop, a substance, or identify a mineral, that docs not present an unreasonable 
risk of injury to public health or the environment; and may be substituted for an asbestos- 
containing product. 
An exeniption granted under this Section shall be in effect for such period, not to exceed 
one (1) ycar, and subject to such tcnns and conditions as the SecrcLary of Health may prescribe. 
The Secretary of Health shall provide an exemption from the requirements of Section 5, 
wjthout revicw or limit on duration, if 
(A) The exemption for an asbestos-containing product is sought by the Secretary of 
National Dcfcnsc and the Secretary of Dcfeiise certifics, and provides a copy of that 
certilicatioii to Congress, that the use of the asbestos containing product is 
necessary to the critical functions of the Department of National Defense; 
(B) No reasonable alternatives to the asbestos containing product exist for the intended 
purpose; and 
(C) The use of the asbestos containing product will not result in an unreasonable risk to 
health or the environment. 
Except as provided in the next preceding paragraph, and not later than two (2) years after 
the date of enactment of this Act, each pcrson that possesses an asbestos-containing product that 
is subject to the prohibition established under this Section shall dispose of the asbestos- 
containing product, by a means that is in compliance with applicable national and local 
rey uirements. 
Nothing in paragraph this Section applies to an asbestos-containing product that is no 
longer in the stream of commerce; or is in the possession of an end user; or requires that an 
asbestos-containing product be removed or replaced. 
SFX7’10N 7. l’zihlic Ikhicafion I’rogrum. - Not later than one (1) year after the date of 
enactment of this Act, the Secretary of Health, in consultation with the Secretary of Trade and 
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Industry and the Secretary of Labor, shall establish a plan to 
(A) 
lncrease awareness of the dangers posed by asbestos-containing products and 
contaminants in homes and workplaces; and asbestos-related diseases; 
Provide current and comprehcnsivc information to asbestos-related disease patients, 
family members of patients, and front-line health care providers on the dangers of 
asbestos exposure; asbestos-related labeling information; health effects of exposure 
to asbestos; symptoms of asbestos exposure; and available and developing 
trcatmcnts for asbestos-related diseases, including clinical trials; 
Encourage asbestos-related disease patients, family members of patients, and front- 
line health carc providers to participate in research and treatment endeavors relating 
to asbestos; and 
lilncouragc health care providers and researchers to provide to asbestos-related 
disease patients and family members of patients iiiformation relating to research, 
diagnostic, and clinical treatments relating to asbestos. 
(B) 
(C) 
(U) 
In establishing the program, the Secretary of Health shall give priority to asbestos- 
containing products and contaminant-asbestos products used by consumers and workers that 
pose the greatest risk of injury to human health. 
SECT'ION 8. Research on Asbestos-related Diseases; Asbestos-related Disease Registry. 
-- The Secretary of Health shall expand, intensify, and coordinate programs for the conduct and 
support of research on discdses caused by exposure to asbestos, particularly mesothelioma, 
asbestosis, and pleural injuries. 
Not later than one (1) year after the date o f  enactment of this Act, the Secretary of Health, 
shall establish a mechanism by which to obtain, coordinate, and provide data and specimciis 
rrom cancer registries; public and private hospitals; and entities participating in the asbestos- 
related disease reseach and trcatment networlt in Section 9. The data and specimens obtained 
shall form the basis for establishing a national clearinghouse for data and speciinens relating to 
asbestos-related diseases, with a ptrticular emphasis on mesothelioma. 
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SECTION 9. Rsheslos-related Disease Research aid Treatment Neiwork. - (A) For each 
of fiscal years 2008 through 2012, the Secretary of Health, in collaboration with other applicable 
government agencies and instrumentalities, shall establish and maintain an asbestos-related 
disease research and trcatment network (hereinafter, Nctwork) to support the detection, 
prevention, treatment, and cure of asbestos-related diseases, with particular emphasis on 
malignant mesothelioma. 
The Network shall include intramural research initiatives of the Department of Health; 
and at lcast tcn (IO) extramural asbestos-related disease research and treatment centers, as 
selected by the Secretary of Health in accordance with the immediately succeeding paragraph. 
(13) hxwamura2 Asbestos-Related Disease Research and Treatment Cetzters. - For each 
fiscal year during which the Network is operated and maintained, the Secretary of Health shall 
select for inclusion in the Network not less than ten (IO) nonprofit hospitals, universities, or 
medical or research institutions incorporated or organized in the Philippines that, as determined 
by the Secretary of Health, have exemplary experience and qualifications in research and 
treatment of asbestos-related diseases; access to an appropriate population of patients with 
asbestos-related diseases; and are geographically distributed throughout the Philippines, with 
special consideration given to areas of high incidence of asbestos-related diseases. 
(C) Requirements. - Each center selected under paragraph €3 above shall be chosen by the 
Secretary of Health afier competitive peer review; the conduct of laboratoiy aid clinical 
research, including clinicai trials, relating to mechanisms for effective thcrapeutic treatment of 
asbestos-related diseases; early detection and prevention of asbestos-related diseases; palliation 
of asbestos-related diseasc symptoms; and pain management with respect to asbestos-related 
diseases; offer to asbestos-related disease patients travel and lodging assistance as necessary to 
accommodate the maximum number of patients practicable; and to serve a number of patients at 
the center sufficient to conduct a meaningrul clinical trial; coordinate the research and treatment 
efforts ofthe center with other entities included in the Network. 
A center selected by the Secretary of Health shall be included in the Network for the one 
(1) year pcriod beginning on the date of selection of the center; or such longer period as the 
Secretary of Health determines to be appropriate. 
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(D) Grants. - The Secretary of I-Iealth shall provide to each center selected for inclusion 
in the Network for thc fiscal year a financial grant to support the detection, prevention, treatment, 
and cure of asbestos-related diseases, with particular emphasis on malignant mesothelioma. 
SECTION 10. Appropriations. - Such suns as may be necessary for the initial 
implementalioii of this Act shall be taken froni the current appropriations of the Departnieiit of 
Health. ‘rliereaftcr, the fund necessary to carry out the provisions of this Act shall be included in 
the annual General Appropriations Act. 
SECTION 11. Repadling CZause. -- Any law, presidential decree or issuance, executive 
ordcr, presidential proclamation, nile and regulation or parts thereof inconsistent with the 
provisions of this Act, are hereby repealed, modified, or amended accordingly. 
SECFION 12. Separ.ahiZity Clause. - If any provision of this Act is declared 
unconstitutional, the sanie sliall not affect the validity and effectivity of the other provisions 
hereof. 
SIXTION 13. <flichily. - This Act shall take effect fifteen (15) days after its 
publication in at least two newspapers of general circulation. 
Approved, 
/jab 
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