Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5060

Introduced by Representative TYRONE D. AGABAS

AN ACT PROVIDING FOR THE ESTABLISHMENT OF A “TIMBANGAN NG
BAYAN” CENTER IN ALL PUBLIC MARKETS NATIONWIDE, AMENDING
FOR THE PURPOSE CHAPTER II OF REPUBLIC ACT NO. 7394,
OTHERWISE KNOWN AS “THE CONSUMER ACT OF THE PHILIPPINES”.

EXPLANATORY NOTE

This bill seeks to regulate the weighing scale system in public markets
nationwide with the end in view of securing the buying public with an effective
means of checking the accuracy of the weight and quantity of the goods they
purchase.

Since the passage of Republic Act 7394 in 1992, or 27 years after its
enactment, no law has yet been passed mandating the establishment of
“timbangan ng bayan” or weighing scale in public markets throughout the
country.

Unscrupulous traders continue to devise means to dupe consumers
with the use of altered weighing scales or measures to the prejudice of the
consuming public. One of the factors why this fraudulent practice continue
to proliferate in public markets is the lack of officially sealed government
weighing scales which can be used by consumers to confirm and double
check whether the goods they purchase are wanting of the required quantity
and measurement. To ensure accurate weighing scale measures, this bill will
thus institutionalize the establishment of “Timbangan ng Bayan’ in all public
markets nationwide.

Principally authored by then Speaker Gloria Macapagal- Arroyo, this

bill has already been passed on its third and final reading in the 17
Congress. However, there is a need to refile this bill on account of its


importance in protecting consumers from unscrupulous businessmen or
traders who tamper with their weighing scales.

Hence, this request for the immediate passage of this bill.

ONE D. AGABAS
Representative
6t District, Pangasinan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5060

AN ACT PROVIDING FOR THE ESTABLISHMENT OF A “TIMBANGAN

NG BAYAN” CENTER IN ALL PUBLIC MARKETS NATIONWIDE,

AMENDING FOR THE PURPOSE CHAPTER II OF REPUBLIC ACT NO.

7394, OTHERWISE KNOWN AS “THE CONSUMER ACT OF THE
PHILIPPINES”.

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

SECTION 1. A new article to be denominated as article 62-A is
hereby inserted after Article 62, Chapter II of Republic Act No. 7394,
otherwise known as the “Consumer Act of the Philippines”, to read

as follows:

“ART. 62-A. ESTABLISHMENT OF TIMBANGAN NG
BAYAN CENTERS. - ALL LOCAL GOVERNMENT UNITS,
THROUGH THEIR PROVINCIAL, CITY, OR MUNICIPAL
‘TREASURERS, SHALL ESTABLISH A TIMBANGAN NG BAYAN
CENTER IN ALL MARKETS NATIONWIDE, PUBLIC OR
PRIVATE, INCLUDING FLEA MARKETS OR TIANGGES,
WHERE INSTRUMENTS FOR DETERMINING WEIGHTS AND
MEASURES SHALL BE OPEN FOR AND ACCESSIBLE TO
ANYONE WHO NEEDS TO VERIFY THE ACCURACY OF THE
QUANTITY AND MEASUREMENT OF THE PRODUCTS THEY
PURCHASE.

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“THE SAFEKEEPING AND MAINTENANCE OF SAID
INSTRUMENTS SHALL BE UNDER THE CONTROL AND
SUPERVISION OF THE MARKET SUPERVISOR WHO SHALL
LIKEWISE BE IN CHARGE OF KEEPING A RECORD OF
EVERY PRODUCT FOUND TO BE WANTING IN QUANTITY OR
SUBSTANDARD IN DIMENSION, AS WELL AS THE
ESTABLISHMENT WHERE THE SAME WAS BOUGHT,
INCLUDING THE NAME OF THE PROPRIETOR OR MANAGER
THEREOF. A CERTIFICATION DULY ISSUED BY THE
MARKET SUPERVISOR OR AN AUTHORIZED
REPRESENTATIVE REFLECTING THE CONTENTS OF SUCH
RECORD SHALL BE PRIMA FACIE EVIDENCE OF A
VIOLATION OF ARTICLE 64 OF THIS ACT.

“THE PROHIBITED ACTS RELATIVE TO WEIGHTS AND
MEASURES PROVIDED UNDER ARTICLE 64 SHALL
LIKEWISE APPLY To TIMBANGAN NG BAYAN
INSTRUMENTS.”

Sec 2. Article 64, Chapter II Republic act No. 7394, otherwise known
as the “Consumer Act of the Philippines”, is hereby amended to read

as follows:

“ART. 64. Fraudulent Practices Relative to Weights and
Measures. ~ The Following acts relating to weights and measures
are prohibited:

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“(h) for any person to fraudulently alter, TAMPER
VANDALIZE OR DESTROY any scale, balance, TIMBANGAN NG
BAYAN, weight or measure after it is officially sealed;”

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Sec 3. Article 65 or Republic Act No. 7394, otherwise known as the
“Consumer Act of the Philippines’, is hereby amended to read as

follows:

“ART. 65. Penalties, - a) Any person who shall violate the
provisions of paragraphs (a) to (f) and paragraph (1) of article 64
OF THIS ACT or its implementing rules and regulations shall,
upon conviction, be subject to a fine of not less than [Two
hundred pesos (P200.00)] FIFTY THOUSAND PESOS
(P50,000.00) but not more than [One thousand pesos
(P1,000.00)] THREE HUNDRED THOUSAND PESOS
(P300,00.00) or by imprisonment of not [more] LESS than one (1)
year BUT NOT MORE THAN FIVE (5) YEARS or both upon the
discretion of the court.

“b) Any person who shall violate the provisions of paragraph
(g) of Article 64 OF THIS ACT | for the first time ] shall, UPON
CONVICTION, be subject to a fine of not less than [Five hundred
pesos (P500.00)] FIFTY THOUSAND PESOS (P50,000.00) BUT
NOT MORE THAN THREE HUNDRED THOUSAND PESOS
(P300,000.00) or by imprisonment of not less than one (1)
[month] YEAR but not more than five (5) years or both [] upon the
discretion of the court.

“c) The owner, [-] possessor or user of instrument of weight
and measure enumerated in paragraphs (h) to (k) of Article 64 OF
THIS ACT shall, upon conviction, be subject to a fine of not less
than [Three hundred pesos (P300.00)] FIFTY THOUSAND PESOS
(P50,000.00) BUT NOT MORE THAN THREE HUNDRED
THOUSAND PESOS (300,000.00) or BY imprisonment OF not

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[exceeding] LESS THAN one (1) year BUT NOT MORE THAN
FIVE (5) YEARS|,] or both [,] upon the discretion of the court.

“ Provided, further, That two (2) successive violations of this
Act shall automatically result in the cancellation of the business
permit of the violator, whether natural or juridical.”

SEC. 4. Implementing Rules and Regulations. - The Department of
Trade and Industry (DTI) and the Department of the Interior and
Local Government (DILG), in consultation with the Union of Local
Authorities of the Philippines (ULAP), League of Provinces of the
Philippines (LPP), League of Cities of the Philippines (LCP), League of
Municipalities of the Philippines (LMP), and appropriate stakeholders
shall, within ninety (90) days from the effectivity of this Act,
promulgate the rules and regulations necessary to effectively
implement the provisions of this Act.

SEC. 5. Appropriations. The amount necessary to carry out the
provisions of Section 1 of this Act shall be charged against the
internal revenue allotment and other funds of the local government
unit concerned.

SEC. 6. Separability Clause ~ If for any reason, any article or
provision of this Act, or any portion thereof, or the application of
such article, provision or portion thereof to any person, group, or
circumstance is declared invalid or unconstitutional, the remainder
of this Act shall not be affected by such declaration.

SEC . 7. Repealing Clause ~ All laws, executive orders, rules and
regulations or parts thereof which are inconsistent with this Act are
hereby repealed or amended accordingly.

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SEC .8. Effectivity — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in any newspaper of general

circulation.

Approved,

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