Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular
Session

on 4320

House Bill No.

INTRODUCED BY HON. JOHN MARVIN “YUL SERVO” NIETO
and HON. EDWARD VERA PEREZ MACEDA

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EXPLANATORY NOTE

This proposed legislation builds on Republic Act No. 9236, also known as the ‘National
Metrology Act of 2003”.

In line with the policies forwarded in RA 9236, this piece of legislation aims to establish
the National Metrology Institute (NMI) under the Department of Science and Technology, to
provide capacity building programs through competency training to strengthen the local
metrology authorities at the local level, and to foster a metrology culture that will instill a keen
appreciation of the importance of metrology.

This bill supports the harmonization of national metrological standards with international
standards, mutual recognition arrangements and statistical controls as envision in the ASEAN
economic integration, the World Trade Organization (WTO) and international agreements and
covenants resulting to globally competitive and quality products and services that conforms with
national standards. In addition, this bill will accord greater consumer protection, transparency
and confidence in measurements.

It is the duty of the State to give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote
total human liberation and development.

The immediate passage of this important piece of legislation will further boost global
competitiveness of Philippine products and services.


In view of the foregoing considerations, immediate approval of this measure is sought.

EDWARD VERA PEREZ MACEDA
REPRESENTATIVE, 4" DISTRICT OF
MANILA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular
Session

Os 4320

House Bill No.

pe EEE

INTRODUCED BY HON. JOHN MARVIN “YUL SERVO” NIETO
and HON. EDWARD VERA PEREZ MACEDA

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AN ACT
STRENGTHENING THE NATIONAL MEASUREMENT INFRASTRUCTURE SYSTEM (NMIS)
AMENDING RA 9236 ALSO KNOWN AS THE NATIONAL METROLOGY ACT OF 2003 AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title. - This Act shall be known and cited as the “Enhanced National
Measurement Infrastructure System (NMIS) Act of 2016";

SECTION 2. Declaration of Policies. - The State shall support the harmonization of
national metrological standards with international standards, mutual recognition arrangements
and statistical controls as envisioned in the ASEAN Economic Integration, World Trade
Organization (WTO) and interational agreements and covenants resulting to globally
competitive and quality products and services.

In addition to Section 2 of R.A. 9236, the State shall provide support to the research and
development of metrology covering the fields of environment and climate change, public health
and safety, transportation, information and communication, Biotechnology / Genomics, Material
Science, Nanotechnology, Photonics, Metrology in Chemistry, Space technology applications
and other emerging and enabling technologies; encourage the adoption of international best
practices in measurement and quality infrastructures for maximum national benefit; and accord
greater consumer protection, transparency and confidence in measurements in response to
future developments and requirements.

SECTION 3. Objectives. — This law builds on Republic Act No 9236 also known as the
“National Metrology Act of 2003.” In furtherance of the policies enunciated in RA 9236 and this
Act, the following objectives shall be pursued:

a. Establish the National Metrology Institute (NMI) under the Department of Science and
Technology:

b. Provide capacity building programs through competency training to strengthen the
metrology authorities at the local level;

¢. Foster a metrology culture that will instill a keen appreciation of metrology as a discipline.

SECTION 4. Scope. — This law shall have national application and shall cover all
agencies, institutions, entities involved in metrological activities and processes.


SECTION §, Definition of Terms. — Section 3 of RA 9236 is hereby expanded to include

the following:

a

Accreditation — third party attestation related to a conformity assessment body conveying
formal demonstration of its competence to carry out specific conformity assessment tasks

The national accreditation system, in general, is a voluntary system which establishes
the competence and impartiality of:

«calibration laboratories to perform traceable calibrations and measurements,

* testing laboratories,

* inspection bodies, and

* Cerlifcation bodies which perform product certification, quality systems

certification or certification of personnel.

Conformity Assessment - demonstration that specified requirements relating to a
product, process, system, person or body are fulfilled.
DOST Regional Offices ~ serve as focal points for the planning and implementation of
Science and Technology (S&T) programs and projects in their respective regions in
consonance with the national S&T plan. They provide local S&T services to the local
populace and coordinate with other government agencies and other stakeholders on S&T
matters.
DOST Research and Development Institutes (RDIs) - DOST agencies concerned with
basic and applied research on various S&T fields.
DOST Science and Technology Service Institutes - DOST agencies providing science
and technology-related services.
Emerging or enabling technologies — include biotechnology / Genomics, Material
Science, nanotechnology, Photonics, Metrology in Chemistry, Space technology
applications.
Local Metrology Authority (LMA) — the office or person responsible in the implementation
of legal metrological controls at the local level, i.e. LGUs
Mutual Acceptance Arrangement (MAA) ~is an arrangement among conformity certificate
issuing authorities providing confidence in test and examination results through a formal
and mandatory peer evaluation process.
Mutual Recognition Arrangement (MRA) - is an arrangement among countries designed
to facilitate the freer movement and employment of qualified and certified personnel
between countries
Pre-Packaged Products - any commodity that is enclosed in a container or wrapped in
‘any manner, and for which its quantity has been determined and indicated on its label
prior to being offer for sale. The quantity of the product contained cannot be changed
without the pre-package being opened or doing a perceptible modification.
Stakeholders — as used in this Act shall refer to all individuals and entities involved in any
metrological activities and processes.
Type or Pattern Approval on Measuring Instruments as defined in R.A. 9236 - shall refer
to conformity assessment procedure on one or more specimens of an identified type
(pattern) of measuring instruments which results in an evaluation report and/or an
evaluation certificate,

SECTION 6. Organizational Structure. — For the purpose of strengthening the NMIS

and to attain harmonization of metrology standards consistent with the ASEAN and other
recognized international standards, the National Metrology institute (NMI) is hereby created. The
NMI shall be headed by an Executive Director, and under the policy, technical, administrative
supervision and control of the Department of Science and Technology. The existing NMB shall
have oversight function over the NMI.

The NMI, in coordination with the Department of Budget and Management and the Civil

Service Commission, shall determine the appropriate administrative support complement
necessary for the effective and efficient operations of the Institute.


SECTION 7. Functions of the National Metrology Institute (NMI). - The NMI shall
have the following functions:

a. Establish and maintain the national physical and chemical standards for basic and
derived quantities;

b. Define the requirements for the appointment of private bodies to perform Legal

Metrology services;

Harmonize qualifications of stakeholders for licensing of verifiers;

Adopt the Mutual Recognition Arrangements (MRA);

e. Broaden Type or Pattern Approval to allow acceptance of Mutual Acceptance
Arrangements (MAA):

f. Formulate mechanisms for initial statistical validation of utility meters from
manufacturers and subsequent statistical in-service inspection of utility meters;

g. Adapt OIML Recommendations to legal metrology regulations as well as align with
international traceability and conformity standards;

h. Provide administrative support to the National Metrology Board and set up proper
coordination, reporting and feedback to the NMB regularly.

i. Establish cooperation or linkages on Metrology at the national and international
levels; and

j. Ensure the effective and efficient operations of the NMI in carrying out the above
functions and responsibilities

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SECTION 8. Strengthening the National Metrology Board. ~ The National Metrology
Board under Section 5 of RA 9236, shall be strengthened to include the Secretary/Chairman or
the duly authorized representative of the following agencies/offices:

Department of Energy (DOE)
Department of Public Works and Highways (DPWH)

Department of National Defense (OND)

Philippine Information Agency (PIA)

Committees on Science and Technology of the Senate and House of
Representatives

The third paragraph of Section § of R.A. 9236 is hereby amended as follows:

The NMB Secretariat including its plantilla positions is hereby transferred from the Industrial
Technology Development Institute (ITD!) to the Office of the DOST Secretary.

SECTION 9. Functions, Duties and Responsibilities of the Board. Section 6 of RA
9236 is hereby amended to include the following

a. To ensure the execution of the upkeep and conservation of national primary and
secondary standards in conformity with the Board-Authorized Units; To guarantee
the use in the country of a uniform system of units and measurement standards of
physical and chemical quantities;

b. To make sure that the necessary guidelines are issued and enforced on such areas
of metrology but not limited to utilization of measuring equipment and devices, type
approval on measuring equipment, verification, calibration, use of control marks and
other metrological controls on measurement standards and measuring equipment;

c. To warrant that the accuracy and application of quantities and similar metrological
requirement are met in all commercial, economic, scientific, technical and similar
endeavours;

d. To approve rates for the metrological work and similar calibration services rendered
by the NMIS, DOST Regional Metrology Laboratories and other government
metrology laboratories;

e. To ensure that type approval of measuring instruments are carried out by NMI and
other competent laboratories:



f. To ensure that persons or business entities regularly engaged in importing,
manufacturing, repairing, selling or hiring certain measuring equipment comply with
the provisions of this Act; and

g. To perform such other functions, duties and responsibilities as may be necessary to
implement this Act.

SECTION 10. The Role of the Department of Trade and Industry (DTI). ~ Pursuant to
the Chapter Il, Art. 61-65 of R.A. 7394, also known as, the Consumer Act of the Philippines, and
to ensure consumer protection and safety from inaccurate and false measurements of
consumers products, goods and services, the DTI, through their regional and provincial offices
shall coordinate and monitor the implementation of the national metrology policy at the local
level

The DT! shail also conduct surveillance, inspections and verifications on the sale of pre-
packaged products,

SECTION 11. The Role of the Local Metrology Authority. — Pursuant to Section 148
of Book II of the Local Government Code or R.A. 7160 and Chapter II, Art. 61-65 of R.A. 7394,
each LGU through their Treasurer's Office shall be tasked to perform the following functions:

Implement the national metrology policy at the local level;
Enforce the legal metrology regulations at the local level;

Set-up a Weights and Measures Office;

Conduct registration of measuring instruments for commercial applications;

Issue certification for measuring instruments that are verified to be correct and ready for
commercial applications.

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The DILG shall ensure that the LGUs shall implement the provisions of this Act.

SECTION 12, Labelling, Verification of Quantity in Pre-Packaged Products. —
Section 10 of RA 9236 is hereby amended to include conformity to pre-packaged products
requirements.

Labelling requirements, procedures and regulations as defined and formulated in
accordance with recognized International Metrology Standards such as, but not limited to, OIML
R79, R87 and ASEAN Common Requirements on Pre-Packaged Products shall be formulated
through the Implementing Rules and Regulations of this Act.

SECTION 13. Market Surveillance of Measuring Instruments and Pre-Packaged
Products. — The appropriate government agencies shall undertake metrological surveillance for
measuring instruments and pre-packaged products. For this purpose, measuring instruments
and pre-packaged products intended to be placed on the market and/or put into service shall be
consistent with conformity assessment system requirements,

SECTION 14. Laboratories and Procedures. - Section 110f R.A. 9236 is hereby
amended. Metrological controls undertaken in the country shall be conducted by the NMI, LMAs,
accredited laboratories, manufacturers and other entities accredited by the Philippine
Accreditation Bureau (PAB), as defined under Sections 13 and 14 of RA 9236.

SECTION 15, Mutual Recognition Arrangement (MRA). — The Philippines shall enter
into international agreements recognizing the equivalence of national measurement standards,
and legal metrology systems and controls of countries that are signatories of the Global Mutual
Recognition Arrangements such as those issued under the International Committee of Weights
and Measures (CIPM MRA). Also, the Philippines shall participate in intemational legal
metrology conformity assessment systems

SECTION 16. Accrediting Body. - Section 13 of RA 9236 is hereby amended to include
the Department of Public Works and Highways (DPWH), as member of the Accrediting Body.


SECTION 47. Education and Public Information / Advocacy. ~ A National Metrology
Training Center attached to the NMI shall be established to undertake information education and
training on Metrology.

In addition, the NMI, in collaboration with the Philippine Information Agency (PIA) and
other concerned government agencies, shall conduct information, education, and advocacy
programs to promote Metrology

SECTION 18. Penalties. — The penalties provided under Section 17 of R.A, 9236 shall
be subject to review every five years following the effectivity of this Act and amended
accordingly

SECTION 19. Appropriations, — The second paragraph of Section 18, RA 9236 is
hereby amended as follows:

All fees collected / income generated from metrological services shall be used by the
Board, NMI, DOST Research and Development Institutes (RDIs), Service Institutes and
Regional Offices, and other government offices performing metrology services, to augment its
funds for their operation and other metrology-related functions and activities

SECTION 20. Transitory Provisions. ~ The National Metrology Laboratory Philippines
(NML Phil), a division under ITD! responsible for establishing and maintaining the national
physical standards for basic and derived quantities, is hereby transformed into the NMI
Thereafter, all powers, functions, duties, records, files and assets including plantilla positions of
the NML shall be transferred to the NMI

There shall be no diminution of rank and salaries, allowances and benefits of transferred
employees, New employees of NMI shall be entitled to the same allowances and benefits as
those of the transferred employees.

The ITDI shall formulate a transitory implementation plan in its IRR, for the phasing
initransfer of the NML Phil to the NMI created under this Act, including a schedule for the
implementation and enforcement of the policies and regulations provided under this Act.

SECTION 21. Implementing Rules and Regulations (IRR). ~ The DOST with other
concerned government departments, agencies and representatives mentioned in Section 8
hereof shall within ninety (90) days from the effectivity of this Act issue the necessary
implementing rules and regulations of this Act.

SECTION 22. Separability Clause. ~ If for any reason, any provision of this Act is
declared unconstitutional, the other sections or provisions hereof which are not hereby affected
shall continue to be in full force and effect.

SECTION 23. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or
portions thereof inconsistent with this Act are hereby repealed or modified accordingly

SECTION 24. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,