FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 1631 
l'Ietl!: IV f:!) IH...;.-.-._. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Philippine government pursues the development and utilization of our air potential, 
and the development of an air transportation system properly adapted to the present and future of 
foreign and domestic commerce. Accordingly, the government recognizes the need to: (I) 
promote safety of flight in air commerce of the Philippines; and (2) determine the corresponding 
• 
liability of those concerned in cases of accidents. 
Republic Act No. 776 or "The Civil Aeronautics Act of the Philippines," as amended, 
provides for, among other things the investigation of accidents involving aircraft and penalizes 
anyone who operates civil aircraft in violation of rules, regulations, or orders relating to 
aeronautics safety standards, practices, or procedures. However, it does not provide a system for 
determining liability and damages for compensating individuals injured in general aviation 
accidents. 
Accordingly, this Act seeks to establish standards for determining liability for harm 
arising out of general aviation accidents.! 
1 This bill was re-filed during the Thirteenth Congress, First Regular Session. 


FIFTEENTH CONGRESS OF THE REp'UBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 
SEN1tf31 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
1 
2 
3 
PROVIDING FOR UNIFORM STANDARDS OF LIABILITY FOR HARM ARISING 
OUT OF GENERAL AVIATION ACCIDENTS 
Be it enacted in the Senate and the House of Representatives in the Philippines in 
Congress assembled: 
4 
SECTION 1. Short Title. - This Act shall be known as the "General Aviation 
5 
Accident Liability Standards Act." 
6 
SECTION 2. Declaration of Policy. - The State, in its pursuit of the development 
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and utiliza~on of the air potential and the development of an air transportation system 
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properly adapted to the present and future of foreign and domestic commerce in the 
9 
Philippines, recognizes the need to: 
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(A) Promote safety of flight in air commerce of the Philippines; and 
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(B) Determine the corresponding liability of those concerned m cases of 
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accidents. 
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SECTION 3. Definition of Terms. -For purposes ofthis Act, the terms: 
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(A) "Administrator" means the Administrator of the Air Transportation Office; 
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(B) "Claimant" means any person who brings a general aviation accident liability 
16 
action subject to this Act, and any person on whose behalf such an action is brought, 
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including: 
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(1) The claimant's decedent; and 
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(2) The claimant's parent or guardian, if the action is brought through or 
20 
on behalf of a minor or incompetent; 
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(C) "General Aviation Accident" means any accident which arises out of the 
, 
2 
operation of any general aircraft and which results in harm; 
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(D) "General Aviation Aircraft" means any aircraft for which a type certificate or 
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an airworthiness certificate has been issued by the Air Transportation Office which, at the 
5 
time such certificate was originally issued, had a maximum seating capacity of fewer than 
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twenty (20) passengers, and which is not, at the time of the accident, engaged in 
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scheduled passenger carrying operations; 
8 
(E) "Airworthiness" means that an aircraft, its engines, propellers and other 
9 
components and accessories, are of proper design and construction, and are safe for air 
10 
navigation purposes, such design and construction being consistent with accepted 
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engineering practice and in accordance with aerodynamic laws and aircraft science; 
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(F) "General Aviation Manufacturer" means: 
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(I) The builder or manufacturer of the airframe of a general aviation 
14 
aircraft; 
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(2) The manufacturer of the engine of a general aviation aircraft; and 
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(3) Pain and suffering which is caused by such bodily injury; and 
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emotional harm, including bereavement and loss of affection, care, or society, 
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which is caused by such bodily injury; 
19 
(G) "Product" means a general aviation aircraft and any system, component, 
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subassembly or other part of a general aviation aircraft; and 
, 
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(ll) "Property damage" means physical injury to tangible property, including loss 
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of use of tangible property. 
23 
SECTION 4. Coverage. -The provisions of this Act shall apply only to-
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(A) Any manufacturer, owner, or operator of any general aviation aircraft, and 
25 
any person who repairs, maintains, or provides any other support for such an aircraft; 
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(B) Any occupant of a general aviation at the time of a general aviation accident, 
2 
and any person who brings an action for harm caused by such accident on behalf of such 
3 
occupant; and 
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(C) Any non-occupant of a general aviation aircraft at the time of a general 
5 
aviation accident, only if such non-occupant is bringing n action for harm caused by such 
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accident which arises out of the harm to an occupant of such aircraft at the time of such 
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accident. 
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SECTION 5. Uniform Standards of Liability for General Aviation Accidents. -
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(A) Any person claiming damages for harm arising out of general aviation 
10 
accident may bring an action against a part and may recover damages from such party, if 
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such party was negligent and such negligence is a proximate cause of the claimant's 
12 
harm. 
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(B) Any person claiming damages for harm arising out of a general aviation 
14 
accident may bring lin action against a general aviation manufacturer of a product and 
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may recover damages from such general aviation manufacturer if-
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(1) The product, when it left the control of the manufacturer, was in a 
• 
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defective condition unreasonably dangerous for its intended purpose, according to 
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engineering and manufacturing practices which were reasonably feasible; 
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(2) The defective condition is a proximate cause of the claimant's harm; 
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and 
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(3) The general aviation aircraft was being used at the time of the accident 
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for a purpose and in a manner of which it was designed and manufactured. 
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(C) Any person claiming damages for harm arising out of a general aviation 
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accident may bring an action against a general aviation manufacturer of a product and 
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may recover damages from such general aviation manufacturer if-
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(I) At the time the product left the control of the manufacturer, the 
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manufacturer-
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(a) Knew, or in the exercise of reasonable care should have known, 
2 
about a danger connected with the product that caused the claimant's 
3 
harm; and 
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(b) Failed to provide the warnings or instructions that a person 
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exercising reasonable care would have provided with respect to the danger 
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which caused the harm alleged by the claimant, unless such warnings or 
• 
7 
instructions, if provided, would not have materially affected the conduct of 
8 
the user of the product; or 
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(2) After the product left the control of the general aviation manufacturer; the 
10 
manufacturer-
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(a) Knew, or in the exercise of reasonable care should have known, 
12 
about the danger which caused the claimant's harm; and 
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(b) Failed to take reasonable steps to provide warnings or 
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instructions, after the manufacture of the product, which would have been 
15 
provided by a person exercising reasonable care, unless such warnings or 
16 
instructions; if provided, would not have materially affected the conduct 
17 
of the product user; and the failure to provide warnings or instructions 
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described in subparagraph (1) or (2) of this paragraph is a proximate cause 
19 
of the claimant's harm. 
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(D) Any person claiming damages for harm ansmg out of general aviation 
21 
accident may bring an action ag~inst a general aviation manufacturer of a product and 
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may recover damages from such general aviation manufacturer if-
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(1) The manufacturer made an express warranty with respect to the 
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product; 
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(2) Such warranty relates to that aspect of the product which caused the 
26 
harm; 
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(3) The product failed to conform to such warranty; and 
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(4) The failure of the product to conform to such warranty is a proximate 
2 
cause of the claimant's harm. 
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(E) In an action governed by paragraph (B) of this section, a general aviation 
4 
manufacturer shall not be liable if such manufacturer proves, by a preponderance of evidence, 
5 
that-
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(I) The defective condition could have been corrected by compliance with action 
7 
described in an airworthiness directive issued by the Administrator or a service bulletin 
8 
issued by the manufacturer of the product; and 
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(2) Such directive or service bulletin was issued at a reasonable time before the 
10 
date of the accident and after the product left the control of the general aviation 
11 
manufacturer. 
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(F) In any action governed by paragraph (B) of this section, evidence of compliance with 
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standards, conditions or specifications established, adopted or approved by the Civil Aeronautics 
14 
Board shall be admissible with regard to whether the product was defective and 
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unreasonably dangerous for its intended purpose. 
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SECTION 6. Comparative Responsibility. -
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(A) All actions for harm arising out of a general aviation accident shall be governed by 
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the principles of comparative responsibility. Comparative responsibility attributed to the 
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claimant's conduct shall not bar recovery in an action under this Act, but shall reduce any 
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damages awarded to the claimant in an amount proportionate to the responsibility of the 
21 
claimant. The trier of fact shall determine comparative responsibility by making findings 
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indicating the percentage of total responsibility for the claimant's harm attributable to the 
23 
claimant, each defendant, each third party defendant, and any other person not a party to the 
24 
action. 
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(B) Except as provided in paragr\lph (C) of this section, a defendant is severally, but not 
26 
jointly liable in any action for harm arising out of a general aviation accident, and the liability of 
5 


1 
any defendant in any such action shall be detennined on the basis of such defendant's 
2 
proportionate share of responsibility for the claimant's hann. 
3 
(C) In any action for harm arising out of a general aviation accident-
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(I) A general aviation manufacturer who is the builder or manufacturer of the 
5 
airframe of the general aviation aircraft involved is jointly and severally liable for hann 
6 
caused by a defective system, component, subassembly or other part of such aircraft that 
7 
the manufacturer installed or certified as part of the original type design for such aircraft; 
8 
and 
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(2) A general aviation manufacturer who is the manufacturer of a system or 
10 
component of a general aviation aircraft involved is jointly and severally liable for 
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damages caused by a defective subassembly or other part of such system or component. 
12 
(D) A general aviation manufacturer and any other person jointly liable under paragraph 
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(C) of this section shall have the right to bring an action for indemnity or contribution against 
14 
any person with who they are jointly liable under paragraph (C) of this section. 
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SECTION 7. Time limitation on Liability. -
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(A) Except as provided in paragraph (B) of this section, no civil action for harm arising 
17 
out of a general aviation accident which is brought against a general aviation manufacturer may 
18 
be brought for harm which is alleged to have been caused by an aircraft or a system, component, 
19 
subassembly, or other part of an aircraft and which occurs more than --
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(1) Twenty (20) years from -
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(a) The date of delivery of the aircraft to its first purchaser or lessee, if 
22 
delivered directly from the manufacturer; or 
• 
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(b) The date of first delivery of the aircraft to a person engaged in the 
24 
business of selling or leasing such an aircraft; or 
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(2) With respect to any system, component, subassembly, or other part which 
26 
replaced another product in, or which was added to, the aircraft, and which is alleged to 
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1 
have caused the claimant's harm, twenty (20) years from the date of the replacement or 
2 
addition. 
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(B) Paragraph (A) of this section does not apply in the case of harm to a claimant which 0 
4 
c h s after the period set forth in PfU'agraph (A) of this section if the general aviation 
5 
manufacturer or the seller of the product that caused the claimant's harm gave an express 
6 
warranty that the product would be suitable, for the purpose for which it was intended, for a 
7 
longer period of time. 
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(C) Nothing in this section shall be construed to affect a person's duty to provide, after 
9 
the sale or lease of an aircraft, to aircraft owners, and to repair facilities to which a license or 
10 
certificate to perform repairs has been issued by the Administrator, additional or modified 
11 
warnings or instructions regarding the use of maintenance of such aircraft or any system, 
12 
component, or other part of such aircraft. • 
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SECTION 8. Subsequent Remedial Measures. - In any general aviation accident liability 
14 
action governed by this Act, evidence of any measure taken after an event which, if taken 
15 
previously, would have made the event less likely to occur is not admissible to provide liability. 
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Such evidence is admissible to the extent permitted under the Rules of Evidence. 
17 
SECTION 9. Admissibility of Certain Evidence. - In an action governed by this Act, 
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evidence of national or'local income tax liability, or any Social Security or other payroll tax 
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liability attributable to past or future earnings, support, or profits and the present value of future 
20 
earnings, support or profits alleged to have been lost or diminished because of harm arising out 
21 
of a general aviation accident is admissible regarding proof of the claimant's harm. 
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SECTION 10, Punitive Damages. -
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(A) Punitive damages may be awarded in an action under this Act for halm arising out of 
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a general aviation accident only if the claimant establishes by clear and convincing evidence that 
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the harm suffered was the direct result of conduct manifesting a conscious, flagrant indifference 
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1 
to the safety of those persons who might be harmed by use of the general aviation aircraft 
2 
involved. 
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(B) Evidence regarding the financial worth of a defendant or the defendant's profits or 
4 
any other evidence relating solely to a claim for punitive damages under this Act is not 
5 
admissible unless the claimant establishes, before any such evidence is offered, that the claimant 
6 
can present evidence that will establish prima facie proof of conduct manifesting a conscious, 
7 
flagrant indifference to the safety of those persons who might be harmed by use of the general 
8 
aviation aircraft involved. 
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. (C) In any civil action in whic.h the alleged harm to the claimant is death and the 
10 
appli.cable law provides, or has been construed to provide, for damages only punitive in nature, a 
11 
defendant may be liable for any such damages pursuant to the provisions of this Act regardless of 
12 
whether a claim is asserted under this section. The recovery of any such damage shall not bar a 
13 
claim under this section. 
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SECTION II. Time Limitation on Bringing Actions. - Any action for harm arising out of 
15 
general aviation accident shall be barred, notwithstanding any law, unless-
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(A) The complaint is filed within two years after the date on which the accident occurred 
17 
which caused the claimant's harm; and 
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(B) The summons and complaint are properly served upon the defendant within one 
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hundred and twenty (120) days after the filing of such complaint, unless the party on whose 
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behalf such service is required can show good cause why such service was not made within such 
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one hundred and twenty (120) day period. 
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(C) Paragraph (B) of this section shall not apply to service of process in a foreign 
23 
country. 
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SECTION 12. Penalties. - Any manufacturer, owner, or operator of any general aviation 
25 
aircraft, and any person who repairs, maintains, or provides any other support for such aircraft 
26 
found to be liable in this Act, shall be punished by a fine of not less than Five Thousand Pesos 
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1 
(P5,000.00) and not more than One Hun?red Thousand Pesos (PIOO,OOO.OO) in case of death or 
2 
disability, or by imprisonment for not more than one (1) year of both, in the discretion of the 
3 
Court; and in case of property damage, by a fine proportionate to the damage on the property or 
4 
by imprisonment for not more than one (1) year or both, in the discretion of the Court; Provided, 
5 
that if the Penal Code has a more appropriate penalty or penalties, its applicable provisions shall 
6 
be imposed instead ofthe ones specified in this Act. 
7 
SECTION 13. Separability Clause. - If any provisions or part hereof, is held invalid or 
8 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
9 
valid and subsisting. 
10 
SECTION 14. Repealing Clause. - Any law, presidential decree or issuance, executive 
11 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
12 
with, the provision ofthis Act is hereby repealed, modified or amended accordingly. 
13 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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