FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 135'1 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to prohibit the importation of controlled substances that contravene 
the Montreal Protocol, as amended, to address the depletion of our ozone layer and prevent 
loss of life on planet Earth. 
The ozone layer is a portion of earth's atmosphere that contains high levels of ozone. 
The ozone layer is essential for human life. It is able to absorb ultraviolet radiation, 
preventing penetration to the earth's surface. Ultraviolet radiation is harmful to life because 
this radiation can enter cells and destroy the deoxyribonucleic acid (DNA) of many life 
forms on planet earth. Without the ozone layer, UV radiation would not be filtered as it 
reaches the surface of the earth. 
There are three main contributors to the ozone problem: human activity, natural 
sources, and volcanic eruptions. Human activity accounts for approximately 75 to 85 
percent of ozone damage. Perhaps the most evident and destructive molecule of this 
description is chlorofluorocarbon (CFC). CFCs were first used to clean electronic circuit 
boards, and as time progressed, were used in aerosols and coolants, such as refrigerators 
and air conditioners. When CFCs frqm these products are released into the atmosphere, the 
destruction begins. As CFCs are emitted, the molecules float toward the ozone rich 
stratosphere. Then, when UV radiation contacts the CFC molecule, this causes one chlorine 
atom to liberate. This free chlorine then reacts with an ozone (03) molecule to form chlorine 
monoxide ((210) and a single oxygen molecule (02). This threatening chlorine atom then 
continues the cycle and results in further destruction of the ozone layer. Measures have been 
taken to reduce the amount of CFC emission, but since CFCs have a life span of 20-100 
years, previously emitted CFCs will do damage for years to come. 
Scientists have lately located a "hole" in the ozone lap somewhere above the 
Antarctic, the size of continental America. Alarmed by the development, countries of the 
world met in March 1985 in a Conference of Plenipotentiaries and adopted the Vienna 
Convention for the protection of the Ozone Layer. This was followed in 1,987 by a 
Conference of Plenipotentiaries on Chlorofluorocarbons to the Vienna Convention. Together 
with some 44 other countries, the Philippines signed the resulting document, the Montreal 
Protocol. 
This bill aims to establish the local mechanisms for regulating and monitoring the 
importation of CFCs and other ozone depleting substances (ODS) in accordance with 
provisions of the Montreal Protocol. 
The early enactment of this bill is therefore earnestly sought. 
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LORE~ARDA---
Senator 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B.No. 1357 
Introduced by Senator Loren Legarda 
AN ACT 
TO REGULATE THE IMPORTATION OF SUBSTANCES THAT DEPLETE THE 
OZONE LAYER, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representative of the Philippines In 
Congress assembled: 
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SECTION 1. Title. - This Act shall be known as the "Ozone Layer Protection 
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Act of 2010." 
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SEC. 2. Declaration of Policy. - It shall be the policy of the State to protect the 
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right of the people to the healthful and balanced ecology. To this end, it shall control 
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and regulate activities, which have, or are likely to have, an adverse effect on the 
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ozone layer that shields the earth from incoming ultra-violet radiation. 
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SEC. 3. Definition of Terms. - As used in this Act, the following terms shall 
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mean as follows: 
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1. "Ozone Layer" - refers to a layer of gas ten (10) to thirty (30) miles from the 
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ground within the stratosphere, which deflects solar ultra-violet radiation. 
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2. "Ozone-depleting potential (ODP)" - refers to an arbitrary value adopted by 
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the Montreal Protocol to indicate the damage inflicted on the ozone layer by a 
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substance. Each controlled substance is assigned on ODP value in relation to 
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the ODP of 1.0 assigned to CFC-ll. 
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3. "Controlled Substance" - refers to a substance, whether existing alone or in a 
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mixture, that is listed in the Montreal Protocol, as amended in London in 
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4. 
1990. It includes the isomers of the following substances except as specified 
by the Montreal Protocol: 
NAME 
FORMULA 
ODP 
CFC-11 
CFC13 
1.0 
CFC-12 
CFC13 
1.0 
CFC-13 
CFC13 
1.0 
CFC-U 
CFC13 
1.0 
CFC-112 
CFC13 
1.0 
CFC-211 
CFC13 
1.0 
CFC-212 
CFC13 
1.0 
CFC-213 
CFC13 
1.0 
CFC-214 
CFC13 
1.0 
CFC-215 
CFC13 
1.0 
CFC-216 
CFC13 
1.0 
CFC-217 
CFC13 
1.0 
CFC-113 
CFC13 
1.0 
CFC-114 
CFC13 
0.8 
CFC-115 
CFC13 
1.0 
Halon-1211 
CFC13 
0.6 
Halon-1301 
CFC13 
3.0 
Halon-2402 
CFC13 
10.0 
Carbon tetrachloride 
6.0 
Methyl chloroform 
l,l,-trichloroethane 0.1 
CH 
"Importation" - shall refer to the bringing into some port, harbor or haven 
with intent to land the goods therein and shall include the definition 
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provided for in Article 1202 of the Tariff and Customs Code. 
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SEC. 4. Prohibited Acts. - It is hereby declared unlawful to import the 
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substances enumerated in Section 3, paragraph 3 hereof, if said importation would 
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contravene the provisions of the Montreal Protocol, as amended: Provided, however, 
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That the Secretary of Environment and Natural Resources shall issue directives for 
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the efficient dissemination to the public of the pertinent provisions of the Montreal 
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Protocol, as amended. 
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SEC. S. Penalties. - Violation of Section 4 hereof shall be punished with 
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imprisonment from prision correccional minimum to prision correccional maximum or 
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a fine ranging from Ten Thousand Pesos (PI0,000.00) to Fifty Thousand Pesos 
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(PSO,OOO.OO), or both, at the discretion of the court. 
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If the offense is committed by, or in conspiracy with, a corporation, the 
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officers and directors of the corporation shall be jointly and solidarily liable with the 
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corporation. 
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Furthermore, the substances so imported in violation of Section 4 shall be 
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forfeited in favor of the Government. To this end, the Government shall prOVide 
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environmentally-sound disposal methods for the same. 
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SEC. 6. Regulation of the Importation of Controlled Substances. - The 
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Department of Environment and Natural Resources (DENR) shall regulate the 
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importation of controlled substances in he country in order to ensure that their use 
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in the country is in accordance with the Montreal Protocol, as amended. 
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SEC. 7. The Montreal Protocol. - Upon the effectivity of this Act, the DENR, 
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in coordination with the Department of Trade and Industry (DTI) and the 
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Department of Science and Technology (DOST), shall issue rules and regulations on 
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the importation of controlled substances with the view to implement provisions of 
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the Montreal Protocol, as amended, applicable to the Philippine situation in 
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accordance with national interest. 
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SEC. 8. Researchers. - The DENR, in coordination with the DOST and other 
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appropriate government agencies such as the Philippine Atmospheric, Geophysical 
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and Astronomical Services Administration (P AGASA), shall conduct continuing 
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research on the possible environmental impact of the various uses of such controlled 
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substances. Based on the results of such research, the DENR shall recommend the 
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adoption of appropriate national policies and/ or further refinement of existing 
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policies on controlled substances .. 
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SEC. 9. Repealing Clause. - All laws, presidential decrees, executive orders, 
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presidential proclamation, rules and regulations or parts thereof contrary to or 
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inconsistent with this Act are hereby repealed or modified accordingly. 
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SEC. 10. Separability Clause. - If any provision of this Act is declared 
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unconstitutional, the same shall not effect the validity and effectivity of the other 
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provisions hereof. 
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SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its 
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complete publication in two (2) newspapers of general circulation. 
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Approved, 
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