Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS

First Regular Session

sino, 4959

HOUSE BILL NO.,

Introduced by Representatives
Hon. Erico Aristotle C. Aumentado and Hon. Seth Frederick P. Jalosjos

Explanatory Note

Article II, Section 15 of the 1987 Philippine Constitution provides that, "The State shall
protect consumers from trade malpractices and from substandard or hazardous substances.”
The constitutional injunction protecting the rights of consumers was further strengthened
under Republic Act No. 7394, otherwise known as the Consumer Act of the Philippines, “to
protect the interest of the consumers, promote their general welfare, as well as establish

standards of conduct for business and industry.

In 2003, Republic Act No. 9236, also known as “National Metrology Act of 2003 was
enacted in furtherance of the above stated state policies. This proposed legislation builds on
the objectives set forth under RA 9236, which provides, among others, that the State shall
provide support to Research and Development (R&O) in Metrology covering the environment
and climate change, public health and safety, transportation Information Communication
Technology (ICT), Biotechnology/Genomics, Materials Science, Nanotechnology, Photonics,
Metrology in Chemistry, Space Technology applications and other emerging and enabling
technologies. This bill endeavors to facilitate progress in the national economy by
encouraging the standardization and modernization of units and standards of measurements
to adapt to 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 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.

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 and shall be placed directly under the
NMB. 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 National Metrology Board under Seetion 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)
© Committees on Science and Technology of the Senate and House of
Representatives
The early passage of this important piece of legislation will further boost global

competitiveness of Philippine products and services.

nonCEnico ARISTOTLE G? ‘AUMENTADO HON. SETH FREDERICK. JALOSJOS
2" District, Bohol 1" District, Zamboanga Del Nortre


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Republic of the Philippines
Congress of the Philippines
Quezon City
Seventeenth Congress
First Regular Session

4059

House Bill No.

Introduced by Representatives
Hon. Erico Aristole C. Aumentado and Hon, Seth Frederick P. Jalosjos

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 international 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 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,

b,

o

agencies, institutions, entities involve

Establish the National Metrology Institute (NMI) under the Department of Science and
Technology;

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 the importance of
metrology.

SECTION 4. Scope. - This law shall have national application and shall cover all
metrological activities and processes.

SECTION 5. Definition of Terms. ~ Section 3 of RA 9236 is hereby expanded to

include the following

a

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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

* Certification 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


k. Stakeholders ~ as used in this Act shall refer to all individuals and entities involved in
any metrological activities and processes

1. 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 Ni
have the following functions:

ional Metrology Institute (NMI). ~ The NM shall

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);

{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 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 (OPWH)

Department of National Defense (DND)

Philippine Information Agency (PIA)

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

The third paragraph of Section 5 of R.A. 9236 is hereby amended as follows:


1

The NMB Secretariat including its plantilla positions is hereby transferred from the Industrial
Technology Development Institute (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 of units and measurement standards of
physical and chemical quantities;

b. Tomake 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 NMI, 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 DTI 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 II, Art. 61-65 of R.A. 7394,
each LGU through their Treasurer's Office shall be tasked to perform the following functions:

a
b,
©
q

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.

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 11of 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
international 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 17. 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


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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.