Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _____
___________________________________________________________________
Introduced by Representative PABLO JOHN F. GARCIA
___________________________________________________________________
EXPLANATORY NOTE
It is declared a policy in Republic Act No. 7394, also known as the “Consumer
Act of the Philippines,” that the State shall promote the general welfare of the
consumers. It is also enshrined in the Philippine Constitution that the State shall protect
consumers from trade malpractices.1
Digital electronic products such as smartphones and laptops have technical
features that are not normally accessible to the consumers. However, manufacturers of
electronic products have a limited obligation to release the information and tools needed
to repair devices, with some even being reported of banning third parties from doing so.2
Thus, when repairs on these devices are required, consumers are always at the mercy
of manufacturers who leave them no choice but to avail of their high repair costs or
transact with disadvantageous independent repair providers.
The current inaccessibility of repair also forces many consumers to either leave
their products at their households or totally dispose of them, which contributes to the
production of electronic waste in the Philippines. In 2019 alone, the country has
produced 3.9 kilograms of electronic waste per capita or a total of 32,664.41 metric
2
Paul,
K.
(2011,
August
2).
The
Guardian.
Retrieved
from
The
Guardian:
https://www.theguardian.com/technology/2021/aug/02/why-right-to-repair-matters-according-to-a-farmer-a
-medical-worker-a-computer-store-owner.
1 Const. § 9, art. XVI.
November 22, 2022
12:36 pm
6284


tons.3 This figure is projected to further increase with more people working from home
and using electronic products due to the COVID-19 pandemic.
It is thus posited that giving consumers the right to repair their digital electronic
products is necessary in the pursuit of the aforementioned State policies. This bill will
empower consumers by allowing them to have the right set of tools and information to
either repair their digital electronic products themselves or bring them to capable
independent repair providers. The bill will also ensure the compliance of manufacturers
through administrative and judicial remedies while also contributing in lessening
electronic waste in the country.
In view of the foregoing, the immediate passage of this bill is sought.
Rep. PABLO JOHN F. GARCIA
3rd District, Province of Cebu
3 EMB: NATIONAL POLICY, REGULATORY FRAMEWORK ALREADY IN PLACE FOR E-WASTE MNGT.
(2020,
October
29).
Department
of
Environment
and
Natural
Resources.
https://www.denr.gov.ph/index.php/news-events/press-releases/1918-emb-national-policy-regulatory-fram
ework-already-in-place-for-e-waste-mngt. This is a consequence of the substantial increase in the number
of electronic and electronic equipment (EEE) of Filipinos, estimated to have produced a total of 39.3
million electronic products going obsolete and 20 million stored in houses from 1995 to 2010. See Alam,
Zeba F. "The Assessment of the E-Waste Management Generated from Cellular Phones, Laptops, and
Laptops/Personal Computers in the Philippines." Manila Journal of Science 9 (2016).


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _____
___________________________________________________________________
Introduced by Representative PABLO JOHN F. GARCIA
___________________________________________________________________
AN ACT
PROMOTING THE RIGHT TO REPAIR DIGITAL ELECTRONIC PRODUCTS
IN THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1.
Short Title - This Act shall be known as the "Electronic Right to
Repair Act."
Section 2.
Declaration of Policies - The State shall adhere to the policy of
protecting the interests of consumers, promoting their general welfare, and establishing
standards of conduct for businesses and industries. Thus, the State shall expand
consumer choice by allowing them to have the right set of information and tools to either
repair their own products or provide the option for local repair businesses to do so. The
State shall also protect consumers from possible trade and sales malpractices from
manufacturers.
Section 3.
Definition of Terms. - For the purposes of this Act, the following
terms shall mean:
(a) "Authorized repair provider" -
(i)
A person licensed by an original equipment manufacturer to use a
trade name, service mark, or related characteristic to offer repair
services under the name of the original equipment manufacturer; or
(ii)
A person contracted by an original equipment manufacturer to
provide refurbishing services for products manufactured by the
manufacturer.
6284


(b) "Embedded software" - also known as basic internal operating system,
internal operating system, machine code, assembly code, root code, or
microcode, means any programmable instructions provided on firmware
delivered with equipment for equipment operation, including all relevant
software updates made by the original equipment manufacturer.
(c) "Digital
electronic
product"
-
a
part
or
machine
containing
a
microprocessor originally manufactured for distribution and sale in the
country.
(d) "Documentation" - manuals, schematic diagrams, reporting output, or
service code descriptions provided to the authorized repair provider for the
purposes of effecting repair.
(e) “Fair and reasonable terms” - in determining whether a price is on fair and
reasonable
terms
consideration
may
be
given to relevant factors,
including, but not limited to:
(1) the net cost to the authorized repair provider for similar parts
obtained from original equipment manufacturers, less any discounts,
rebates, or other incentive programs;
(2) the cost to the original equipment manufacturer for preparing
and
distributing
the
parts
or product excluding any research and
development costs incurred in designing and implementing, upgrading or
altering
the
product,
but including amortized capital costs for the
preparation and distribution of the parts; and
(3) the price charged by other original equipment manufacturers for
similar parts or products.
(f) "Independent repair provider" - a person or entity operating that is:
(i)
Not affiliated with an original equipment manufacturer or an original
equipment manufacturer's authorized repair provider; and
(ii)
Engaged in the diagnosis, service, maintenance, or repair of
equipment: provided, that, an original equipment manufacturer shall
be considered an independent repair provider if the original
equipment manufacturer diagnoses, services, maintains, or repairs


equipment that is not manufactured by the original equipment
manufacturer.
(g) "Medical device" - equipment that is intended for use in the diagnosis,
treatment, or prevention of disease in humans or animals.
(h) "Original equipment manufacturer" - a person or entity who in the ordinary
course of business sells or leases new equipment to any person and
diagnoses, services, maintains, or repairs that equipment.
(i) "Owner" - a person that owns or leases equipment that is purchased or
used in the country.
(j) "Part" or "service part" - any new or used component made available by
an original equipment manufacturer to an authorized repair provider to
repair equipment.
(k) "Remote diagnosis" - any transfer of data relating to settings, controls, or
location
identification between equipment and a provider of repair
services.
(l) "Service parts" - replacement parts, either new or used, made available by
the manufacturer to the authorized repair provider for the purposes of
effecting repair.
(m)"Trade secret" - anything tangible or intangible or electronically stored or
kept which constitutes, represents, evidences, or records intellectual
property
including secret or confidentially held designs, processes,
procedures,
formulas,
inventions
or
improvements,
or
secrets
of
confidentially
held
scientific,
technical,
merchandising,
production,
financial, business or management information, among others.
Section 4.
Coverage. - Owners and independent repair providers shall be
given the right to repair their own digital electronic products, including medical devices,
by giving them proper information and tools from the original equipment manufacturers.
Section 5. Availability of Diagnostic and Repair Information. - Original
equipment manufacturers shall make available all diagnostic and repair information,
including repair technical updates, schematic diagrams, updates, corrections to
embedded software, and safety and security patches to owners and independent repair
providers of equipment manufactured, provided that they shall be offered:


(a) Free of charge or for no more than what the original equipment
manufacturer would charge to make the same information available to an
authorized repair provider; and
(b) In the same format that the original equipment manufacturer would use to
make the same information available to an authorized repair provider.
Section 6.
Availability of Diagnostic and Repair Tools. - Original equipment
manufacturers shall make available for sale to owners and independent repair providers
all diagnostic repair tools, incorporating the same diagnostic, repair, and remote
diagnosis capabilities that the original equipment manufacturer makes available to its
own repair or engineering staff or an authorized repair provider, upon fair and
reasonable terms.
Section 7.
Documentation Format. - Original equipment manufacturers shall
provide diagnostic, service, or repair documentation in the standardized format only,
unless the proprietary format includes diagnostic, service, or repair documentation or
functionality that is not available in the standardized format.
Section 8.
Third-Party Providers. - An original equipment manufacturer that
provides diagnostic repair documentation to third party diagnostic tool manufacturers,
diagnostics manufacturers, or service information publications shall be deemed to have
fully satisfied its obligations under Sections 5 and 6, and shall not be responsible for the
content and functionality of the diagnostic tools, diagnostics, or service information
publications offered or sold by third-party manufacturers.
Section 9. Security Functions. - An original equipment manufacturer of
equipment or parts sold or used in the country for security-related functions shall make
diagnostic, service, and repair information necessary to reset a security-related
electronic function from the information provided to owners and independent repair
providers. An original equipment manufacturer may provide the information necessary
to reset an immobilizer system or a security-related electronic module to owners and
independent repair providers through an appropriate secure data release system.
Section 10. Limitations. - Nothing in this Act shall be construed to:
(a) Require an original equipment manufacturer to divulge a trade secret;
(b) Abrogate, interfere with, contradict, or alter the terms of any agreement
between
an
authorized
repair
provider
and an original equipment
manufacturer, including the performance or provision of warranty or recall


repair work by an authorized repair provider on behalf of an original
equipment manufacturer: provided, that, any provision of an agreement
that
waives,
avoids,
restricts,
or
limits
an
original
equipment
manufacturer's compliance with this Section shall be void;
(c) Require an original equipment manufacturer or authorized repair provider
to
provide
an
owner
or
independent
repair
provider
access
to
non-diagnostic and repair information provided by an original equipment
manufacturer to an authorized repair provider pursuant to the terms of an
authorizing agreement;
(d) Require a manufacturer of a medical device to comply with any provision
in this Act that conflicts with Republic Act No. 3720, otherwise known as
the “Food, Drug, and Cosmetic Act,” as amended; or
(e) Avoid any warranty due to the consumer’s exercise of the right to repair,
including but not limited to resorting to independent repair providers.
Section 11. Failure
of
Original
Equipment
Manufacturer
to
Provide
Diagnostic and Repair Information and Tools. -
An independent repair provider or
owner who believes that a manufacturer has failed to provide information, including
documentation, updates to firmware, safety and security corrections, diagnostics,
documentation, or any tool required by this Act shall notify the manufacturer in writing
and give the manufacturer 30 days from receipt of the complaint to remedy the failure. If
the manufacturer rectifies such a complaint within the remedial period, damages shall
be limited to actual damages in any subsequent litigation.
If the manufacturer fails to respond to the notice provided, or if an independent
repair
provider
or
owner is not satisfied with the manufacturer's remedy, the
independent repair provider or owner may file a complaint to the Department of Trade
and Industry in accordance with the provisions of Title III, Chapter III or Title V, Chapter
III of Republic Act No. 7394 or the “Consumer Act of the Philippines”: Provided, that,
fines shall not be less than PhP 100,000 but not more than PhP 1,000,000.00.
Section 12. Appropriations.
-
The
funding
requirements
for
the
initial
implementation of this Act shall be charged against the current year’s budget of the
Department of Trade and Industry. Thereafter, it shall be included in the annual General
Appropriations Act.
Section 13. Implementing Rules and Regulations. - Within ninety (90) days
from the effectivity of this Act, the Department of Trade and Industry, in consultation with


other concerned government agencies and stakeholders, shall formulate the rules and
regulations implementing the provisions of this Act.
Section 14. Separability Clause. - If any provision of this Act is held
unconstitutional or invalid, the remaining provisions thereof not affected thereby shall
remain in full force and effect
Section 15. Repealing Clause. - All other laws, presidential decrees, executive
orders and issuances, and rules and regulations which are inconsistent with this Act are
hereby repealed or modified accordingly.
Section 16. Effectivity. - This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in any newspaper of general
circulation.
Approved,