Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4368

HOUSE BILL NO.

Introduced by. Rep. Joey Surte Salceda

Explanatory Note

This proposed legislation builds on Republic Act No. 9236, also known as “National
Metrology Act of 2003”, In consonance with the objectives set forth under RA 9236, the State
shall provide support to Research and Development (R&D) 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 Section 5 of RA 9236, shall be strengthened to
include the Secretary/Chairman or the duly authorized representative of the following
agencies/ofiices

© 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

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regulation Session

4368

House Bill No.

Introduced by, Rep. Joey Sarte Salceda

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. 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;

c. 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 agencies, institutions, entities involved in 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

‘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.

b. Conformity Assessment — demonstration that specified requirements relating
to a product, process, system, person or body are fulfilled.

c, 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

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

e, 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.

g. 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 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

j. 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 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);

. 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
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
international levels; and

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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)

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:

‘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. 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,

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

. 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;

{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 (DTN).
— 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


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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 II of the Local Government Code or R.A. 7160 and Chapter Il,
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 Offic
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 Llof 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


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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 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, files and
assets including plantilla positions of the NML shalll 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 in/transfer 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


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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.