FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
~:;'1>\:~MI 
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<~tl!:,~,t' {~)',I!l t (If !!u' _i~rrHbr~ 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENAJE 
S. No. ;.::~90 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Elemental mercury and mercury compounds are known to be toxic and hazardous to 
human health and to the environment. Despite its toxicity, however, mercury continues to be 
used in the Philippines as a component in dental fillings. 
A dental amalgam, commonly referred to as a "silver filling," consists of 42 to 58 
percent mercury, and contains 112 to 3/4 of a gram of mercury. Consumers may be deceived by 
the use of the term "silver" to describe a dental amalgam, which contains substantially more 
mercury than silver. 
The mercury contained in dental amalgam is continually emitted in the form of mercury 
vapor, and the total amount of mercury released depends upon the total number of fillings; their 
age, composition, and surface area; the intra-oral presence of other metals; dietary and lifestyle 
habits; and other chemical and metabolic conditions affecting the mouth. When mercury vapors 
are inhaled, most of the mercury (about 80 percent) enters the bloodstream directly through the 
lungs and then rapidly deposits preferentially in the brain and kidneys. Mercury is scientifically 
known to cause birth defects or other reproductive harm. The mercury from amalgan1 passes 
through the placenta of pregnant women and through the breast milk of lactating women, 
increasing health risks to both unborn children and newborn babies. 
According to the World Health Organization, the estimated average daily intake and 
retention of mercury from dental anmlgam ranges from three to 27 micrograms per day, and is 
greater than all other sources combined. 
Further, mercury from dental an1algam can enter the environment during any point of the 
product's life-cycle. This includes placement or removal of fillings; through bodily excretions; 
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when sewage sludge is incinerated, spread on crops, or dumped in landfills; when vapor is 
released or land-filled; when vapor is released directly from the filling (which increases with 
brushing, chewing, and consuming hot foods or salt); and during cremation. 
When discharged to the environment, conditions may be right for waste dental mercmy to 
methylate, become bioavailable, and subsequently biomagnify in fish as methyl mercmy, the 
most toxic form of mercury. 
Highly effective and durable alternatives to mercmy-based dental fillings exist, and must 
be made available to consumers and included in publicly and privately financed health plans. 
Consumers and parents have a right to know, in advance, the risks of placing a product 
containing a substantial amonnt of mercmy in their mouths or the mouths of their children. 
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:tJl rn,!), J F' 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
h~Htl:t ~,f 1\~1i' >r;'1't, rbr~ 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
OCT 11 
P J :1 6 
SENA'W 
S. No. i!~90 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING THE USE OF MERCURY IN DENTAL FILLINGS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act may be cited as the "Mercury in Dental Fillings 
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Prohibition Act." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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protect and promote the right to health of the people. 
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SECTION 3. Prohibition of Mercury in Dental Fillings. - Section 18 of Republic Act 
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No. 3720, or the "Food, Drugs and Cosmetics Act," is hereby amended as follows: 
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"SECTION 18. A drug or device shall be deemed to be adulterated: -
(a) 
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(I) If it consists in whole or in part of any filthy, putrid, decomposed substance; 
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or (2) if it has been prepared, packed, or held under insanitary conditions 
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contaminated with filth or whereby it may have been rendered injurious to health; 
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or (3) if it is a drug and its container is composed, in whole or in part, of any 
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poisonous or deleterious substance which may render the contents injurious to 
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health; or (4) if it is a drug and it bears or contains, for purposes of coloring only, 
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a coal-tar color other than a permissible one. 
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(b) 
If it purports to be or is represented as a drug the name of which is 
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recognized in an official compendium, and its strength differs from, or its quality 
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or purity falls below, the standard set forth in such compendium, except that 
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whenever tests or methods of assay as are prescribed are, in the judgment of the 
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Secretary, insufficient for the making of such determination the Secretary, shall 
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promulgate, upon recommendation of the Food and Drug Administrator, 
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regulations prescribing appropriate tests or methods of assay in accordance with 
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which such determination as to strength, quality or purity shall be made. No drug 
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defined in an official compendium shall be deemed to be adulterated under this 
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paragraph because it differs from the standard of strength, quality or purity in 
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strength, quality, or purity from such standards is plainly stated on its label. 
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(c) 
If it is not subject to the provisions of paragraph (b) of this section 
and its strength differs from, or its purity of quality falls below, that which it 
purports or its represented to possess. 
(d) 
If it is a drug and any substance has been (1) mixed or packed 
therewith so as to reduce its quality or strength or (2) substituted wholly or in part 
therefor. 
(e.) IF IT CONTAINS MERCURY INTENDED FOR USE IN A 
DENTAL FILLING." 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 5. Effectivity. - This Act shall take effect fifteen (IS) days after its publication 
in at least two (2) newspapers of general circulation. 
Approved, 
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