EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodrig

House Bill No. 8933
EXPLANATORY NOTE

Republic Act No. 9236, also known as "National Metrology Act of 2003" was enacted into
law last February 3, 2004.

Under this Act, it was “declared the policy of the State to facilitate the development of
Scientific and technical knowledge and progress in the national economy by encouraging the
standardization and modernization of units and standards of measurements to adapt to the needs
Of the times, thereby complying with international standards and protecting the health, interest
and safety of every consumer and his environment from the harmful effects of inaccurate or false
measurements.”

This bill seeks to enhance RA 9236 and help facilitate progress in the national economy
by encouraging the standardization and modemization of units and standards of measurements
to adapt the needs of times. It seeks to encourage the adoption of international best practices in
Measurements in response to future developments and requirements.

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

In view of the foregoing, immediate approval of this measure is earnestly requested.

RUFUS B. RODRIGUEZ


EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No, 8933

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 as the "Enhanced National Measurement
Infrastructure System (NMIS) Act"

SECTION 2. Declaration of Policies. - The State shall support the harmonization of national
metrological standards with intemational standards, mutual recognition arrangements and
Statistical controls as envisioned in the ASEAN Economic Integration, World Trade Organization
(WTO), and intemational 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
research and development in metrology covering 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.

SECTION 3. Objectives. — This law builds on Republic Act No 9236 also known as the
“National Metrology Act of 2003". Based on 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 local
metrology authorities at the local level;
¢. Foster a metrology culture that will instill a keen appreciation of the importance of
metrology.

‘SECTION 4. Scope. — This law shall have a national application and shall cover all agencies,
institutions, private entities performing metrological activities and processes.

SECTION 5. 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:


b. 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 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.

d. DOST Research and Development Institutes (RDIs) - DOST regular agencies concerned
with basic and applied researches on various S&T fields,

e. DOST Science and Technology Service Institutes - DOST regular agencies providing
science and technology-related services.

Emerging or enabling technologies - include Biotechnology / Genomics, Material Science,
Nanotechnology, Photonics, Metrology in Chemistry, Space Technology applications;

9. Local Metrology Authority (LMA) - the office or person responsible in the implementation
of legal metrological controls at the local level (i.e. LGUs);

h. Mutual Acceptance Arrangement (MAA) - is an arrangement among conformity certificate
issuing authorities for providing confidence in test and examination results through a
formal and mandatory peer evaluation process;

i, 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;

k. 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 shalll
be headed by an Executive Director, and under the policy, technical, administrative supervision
and control of the Department of Science and Technology (DOST). 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 fulfill the following
functions:
a. Establish and maintain the national physical standards for basic and derived quantities;
b. Define the requirements for the appointment of private bodies to perform Legal Metrology
services;
c. Harmonize qualifications of stakeholders for licensing of verifiers;
d. Adopt the Mutual Recognition Arrangements (MRA);
@. Broaden Type or Patter Approval to allow acceptance of Mutual Acceptance
Arrangements (MAA);


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

9. Adapt international Organization of Legal Metrology (OIML) recommendations to legal
metrology regulations as well as alignment 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 intemational levels;
and

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

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 (DND)

+ Philippine Information Agency (PIA); and

+ 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 NIMB Secretariat including its plantilla positions is hereby transferred from ITDI 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 if 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 mars and other
metrological controls on measurement standards and measuring equipment;

¢. To warrant that the accuracy and application of quantities and similar metrological
Fequirement are met in all commercial, economic, scientific, technical and similar
endeavors;

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

e. To ensure that type approval of measuring instruments is 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 (DT!) - 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 for inaccurate and false measurements of consumers products,
goods and services, the D11, through their regional and provincial offices shall coordinate and
™onitor the implementation of the national metrology policy at the local level.

The DT! shall 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 I! of
the Local Government Code or R.A. 7160 and Chapter H, Art. 61-85 of R.A.7394, each LGU
through their Treasurer's Office shall be tasked to perform the following functions:

a. Implement the national metrology policy at the local level;

b. Enforce the legal metrology regulations at the local level;

c. Set-up a Weights and Measures Office;

d. Conduct registration of measuring instruments for commercial applications; and

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

commercial applications

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 to of RA
9236 is hereby amended to include non-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 the Use of Measuring Instruments and Pre-Packaged
Products. -The appropriate government agencies or their accredited private laboratories 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 for the first time, shall be consistent with conformity assessment
system requirements.

SECTION 14. Laboratories and Procedures. — Section 11 of RA 9236 is hereby amended to
include the following: NMI, LMAs, accredited laboratories, manufacturers and other entities
accredited under the national accreditation body, 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 the 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 NRA). Also, the Philippines shall participate in international legal metrology
conformity assessment systems.

SECTION16. Accrediting Body - Section 13 of RA 9236 is hereby amended to include the
Department of Public Works and Highways (DPWH).

SECTION 17. Education and Public Information/Advocacy. - A National Metrology Training Center
attached to the NMI shall be established to undertake 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/ 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 activities, 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 ITDI 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, tiles 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 between
transferred employees. New employees of NMI shall be entitled to the same allowances and
benefits as transferred employees.

The ITD! shall formulate a transitory implementation plan in its IRR, for phasing/transfer
of the NML Phil to the NMI created under this Act, including a schedule for the implementation
and enforcement of the policies and regulation provided under this Act.

SECTION 21. Implementing Rules and Regulations (IRR) - The DOST with other concerned
government departments, agencies and representatives mentioned in Section 5 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,