FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Inlroduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Through ingenuity of design and quality of craftsmanship, manufacturers produce a range 
of workplace goods, whose useful life exceeds 12 years. Many of these goods have been in 
service for decades. This bill seeks to address a fundamental problem for manufacturers, the long 
tail of liability that extends for creating long-lasting quality good by establishing a statute of 
repose for durable goods used in a trade or business. 
Black’s Law Dictionary defines a statute of repose as a statute barring any suit that is 
brought after a specified time since the defendant acted; in this case, 12 years after the product 
was delivered to its first purchaser, even if this period ends before the plaintif€ has suffered a 
resulting injury. This differs from a statute of limitations, which is a statute establishing a time 
limit for suing in a civil case based on the date when the claim accrued.’ 
’ This bill was originally filed in the Thirteenth Congress, Third Regular Session. 


1 
2 
3 
4 
S 
6 
7 
8 
9 
10 
11 
12 
13 
14 
1s 
16 
17 
18 
19 
20 
21 
22 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
‘1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING A S’I’AlU’IX OF REPOSl? FOR DIJRAlK11 GOODS 
IJSED IN A TRADE OR BIJSINESS. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Workplace Goods Job 
Growth and Competitiveness Act of 2007”. 
SECTION 2. D@nilion of lerm.s. - The following terms as used in this Act shall be 
defined as follows: 
( I )  “Claimant” refers to any person who brings an action covered by this Act and any 
pcrson on whose bchalf such an action is brought. If such an action is brought tlirough or on 
hehdi‘ of an estate, the term includes the claimant’s decedent. If such ai action is brought 
through or on behalf of a minor or incompctcnt, the term includes tlie claimant’s legal guardian. 
(2) “Durable Good” refers to any product, or any component of any such product, which 
has a normal lifc expectancy of .3 or more years; or is of a character sub.jcct to allowancc for 
deprecktion under the National Internal Revenue Code; and is used in a trade or business; held 
for the production of incomc; or sold or donated to a governmcntal or private cntity for the 
production or goods, training, demonstration, or any other similar purpose. 
SECTION 3. Statute of Reposejofov Ilurahle Goonk. IJsed in a Dude or Husitzess. . 
(a) IN GENERAL - Except as otherwise provided in this Act: 
(1) no civil action may be filed arainst the mant&acturer or seller oC a durable 
good for datnagc to propcity arising out of an accidcnt involving that durable good if the 
1 


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 
accident occurred more than 18 years after the &te on which h e  durable good was 
delivcred to its first purchascr or lessee; and 
(2) no civil action inay he liled against the manufacturer or seller of a durable 
good for damages for dcath or pcrsonal itjury arising out of an accident involving that 
durable good iT the accident occurred more than 18 years after the date on which the 
durable good was delivcrcd to its first purchaser or lessee and if: 
(A) the claimant has received or is eligible to receive worker 
compensation; and 
(B) the injury does not involve a toxic harm (including, hut not limited 
to, all asbestos-related harm). 
(b) EXCEPTIONS - 
(1) 1N GIiNIiKAI, - A motor vehicle, vcssel, aircraft, or train that is used 
primarily to transport passengers Tor hire shall not be subject to this Act. 
(2) CI,.X’I’AlN 1~XI’RliSS WAKKANI’IIIS - This Act docs not bar a civil action 
against a defendant who made an express warranty in writing as to the safety or life 
expectancy of a spccific product which was longer than 18 years, except that this Act 
shall apply at the expiration ofthat warranty. 
(3) AVIAI’ION 1,IMITAI’IONS PIIIIIOD - This Act does not affect thc 
limitations period established by applicable laws. 
(4) ACTIONS INVO1,VINCi TI113 IINVII1ONMI~:NI - Subsection (a)(l) docs not 
supersede or modiry any law that authorizes an action Tor civil daniages, cost recovery, or 
any other form ofrclief for remediation of the environment. 
(c) EFFECT ON APPLICABLE LAW; PREEMPTION - Subject to subsection (h), this 
Act prceinpts and supersedes m y  law that establishes a law of repose to the cxtcnt such law 
applies to actions covered by this Act. Any action not specifically covered by this Act shall he 
govcrncd by applicablc laws. 
(<I) TRANSITIONAL PROVISION RELATING TO EXTENSION OF REPOSE 
I~ERIOI1 
--- ’I’o thc cxtcnt that this Act shortcns the pcriod during which a civil action could be 
2 


1 
2 
3 
4 
8 
9 
10 
11 
12 
13 
otherwise brouglit pursuant to another provision ol' law, Lhe claimant may, notwitlistanding this 
Act, bring the action not later than 1 year after thc date of the enactment of this Act. 
SECTION 4. Application of the Act. - This Acl shall not apply with respect to civil 
actions cominenccd before thc date of thc enactment of this Act. 
SECTION 5. Separability Clause. - If any provision o f  this Act is held invalid or 
unconstitutional, the remainder o f  the Act or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter o f  instruction, administrative rule or regulation contrary to or inconsistent with the 
provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
FLDP/6/6/07 
3