FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Xegular Session 
) 
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 prexnt 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 reached 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 
chloroflourocarbon (CFC). CFCs were first used to clean electronic circuit boards, and as time 
progressed, were used in aerosoIs and coolants, such as refrigerators and air conditioners. 
When CFCs from these products are released into the atmosphere, the destruction begins. As 
CFCs are emitted, the molec-les 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 anozone ( 0 3 )  molecule to form chlorine monoxide ((210) and a single 
oxygen molecule ( 0 2 ) .  This threatening chlorine atom then continues the cycle and results in 
further destruction of the ozone layer. Measures have been taken to reduce the amGu,It 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 l a p  somewhere above the Antartic, 
the si.w 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 1987 by a Conference of Plenipotentiaries 
on Chlorofluorocarbons to the Vienna Convention. Together with some forty-four (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. 
~.~ . 
Senator 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
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 Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title. - This Act shall be known as the "Ozone Layer Protection 
Law of 2007." 
SEC. 2. Declaration of Policy. - It shall be the policy of the State to protect the 
right of the people to the healthful and balanced ecology. To this end, it shall control 
and regulate activities which have, or are likely to have, an adverse effect on the ozone 
layer that shields the earth from incoming ultra-violet radiation. 
SEC. 3. Definition of Terms. - As used in this Act, the term: 
1. 
"Ozone Layer" - refers to a layer of gas ten (10) to thirty (30) miles from 
the ground within the stratosphere which deflects solar ultra-violet 
radiation. 
. 
"Ozone-depleting potential (ODP)" - refers to an arbitrary value adopted 
by the Montreal Protocol to indicate the damage inflicted on the ozone 
layer by a substance. Each controlled substance is assigned on ODP value 
in relation to the ODP of 1.0 assigned to CFC-11. 
"Controlled Substance" - refers to a substance, whether existing alone or 
in a mixture, that is listed in the Montreal Protocol, as amended in London 
in 1990. It includes the isomers of the following substances except as 
specified by the Montreal Protocol: 
2. 
3. 
NAME 
FORMULA 
ODP 
CFC-11 
CFC13 
1.0 
CFC-12 
CFC13 
1.0 
CFC-13 
CFC13 
1.0 
CFC-11 
CFC13 
1.0 
CFC-112 
CFC13 
1.0 
CFC-211 
CFC13 
1.0 
CFC-212 
CFC13 
1.0 
CFC-213 
CFC13 
1.0 
CFC-2?4 
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-121 1 
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 
4. 
"Importation" - shall refer to the bringing into some port, harbor or haven 
with intent tz land the goods therein and shall include the definition 
provided for in Article 1202 of the Tariff and Customs Code. 
SEC. 4. 
Prohibited Acts. - It is hereby declared unlawful to import the 
substances enumerated in Section 3, paragraph 3 hereof, if said importation would 
contravene the provisions of the Montreal Protocol, as amended Provided, ho~clevev, 
That the Secretary of Environment and Natural Resources shall issue directives for the 
efficient dissemination to the public of the pertinext provisions of the Montreal 
Protocol, as amended. 
SEC. 5. Penalties. - Violation of Section 4 hereof shall be punished with 
imprisonment from prison correccional minimum to prison correccional maximum or a 
fine ranging from Ten thousand pesos (PlO,OOO.OO) to Fifty thousand pesos (PSO,OOO.OO), 
or both. 
If the offense is committed by, or in conspiracy with, a corporation, the officers 
and directors of the said corporation shall be jointly and solidarily liable with the 
corporation. 
Furthermore, the substances so imported in violation of Section 4 shall be 
To his end, the Government shall provide 
forfeited in favor of the Government. 
environmentally-sound disposal methods for the same. 
SEC. 6. 
Regulation of the Importation of Controlled Substances. - The 
Department of Environment and Natural Resources (DENR) shall regulate the 
importation of controlled substances in he country in order to ensure that their use in 
the country is in accordance with the Montreal Protocol, as amended. 
SEC. 7. The Montreal Protocol. - Upon the effectivity of this Act, the DENR, in 
coordination with the Department of Trade and Industry (DTI) and the Department of 
Science and Technology (DOST), shall issue rules and regulations on the importation of 
controlled substances with the view to implement provisions of the Montreal Protocol, 
as amended, .applicable to the Philippine situation in accordance with national interest. 
SEC. 8. Researchers. - The DENR, in coordination with the DOST and other 
appropriate government agencies such as the Philippine Atmospheric, Geophysical and 
Astronomical Services Administration (PAG-ASA), shall conduct continuing research 
on the possible environmental impact of the various uses of such controlled substances. 
Based on the results of such research, the DENR shall recommend the adoption of 
appropriate national policies and/ or further refinement of existing policies on 
controlled substances. 


SEC. 9. Separability Clause. - In the event that any provision of this act is 
declaxed unconstitutional, the validity of the remainder shall not be affected thereby. 
SEC. 10. Repealing Clause. - All laws, orders, decrees, rules and regulations or 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
SEC. 11 Effectivity. - This Act shaII take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,