the garment which has independent identity is known as a separate garment. it includes either top or bottom. the garment is made and sold separately
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Intangible assets are said to be identifiable when it is separable, ie capable of being separated or divided from the entity and sold, transferred, licensed, rented or exchanged, either individually or together with a related contract, asset or liability, or it arises from contractual or other legal rights, regardless of whether those rights are transferable or separable from the entity or from other rights and obligations
Quantum entanglement arises from the interactions between particles, typically during processes such as particle collisions or decay. When two particles become entangled, their quantum states become linked, meaning the state of one particle instantaneously affects the state of the other, regardless of the distance separating them. This phenomenon is a fundamental aspect of quantum mechanics and challenges classical intuitions about separability and locality. The precise mechanisms behind entanglement are rooted in the principles of superposition and measurement in quantum theory.
John Bell, a prominent figure in the development of quantum mechanics, is best known for his work on Bell's theorem, which addresses the nature of reality and the concept of local hidden variables in quantum physics. He believed that the predictions of quantum mechanics, particularly concerning entangled particles, challenge classical intuitions about separability and local realism. His work suggested that if quantum mechanics is correct, then the universe may be fundamentally interconnected in ways that defy classical explanations. Bell's ideas have profound implications for our understanding of reality and the nature of measurement in quantum systems.
In the case of Fiona Trust & Holding Corporation v. Privalov [2007] EWHC 1748, the court addressed issues related to the interpretation of arbitration clauses in contracts. The key ruling emphasized the principle of "separability," meaning that arbitration agreements are distinct from the contracts they are part of. The court concluded that disputes arising from the contracts should be arbitrated as per the agreed terms, reinforcing the validity and enforceability of arbitration clauses. This case has been influential in affirming the autonomy of arbitration agreements in commercial law.
Jean-Baptiste du Val-de-Grâce, a philosopher with certain ideas about organizing the post revolution (French Revolution) rule of the people for the complete world. He got guillotined on the 24th of March 1794 in Paris
The brain is the actual, physical organ made up of cells, blood vessels, nerve pathways, and gray and white matter....The mind is the non-physical part of our brain such as thought, emotions, dreams, and memories...
An act establishing a code of conduct and ethical standards for public officials and employees, to uphold the time-honored principle of public office being a public trust, granting incentives and rewards for exemplary service, enumerating prohibited acts and transactions and providing penalties for violations thereof and for other purposes
Philippine Republic Act 9292: ECE LawThe Republic Act 9292 or the "Electronics Engineering Act of 2004" is an amendment of the previous RA 5734. The new law has brought about debates from ECE students and professionals from the Electronics industry. There were few major changes made on the law, such as the new board exam rules and the classifications of e licensed to Electronics Engineers (ECT, ECE and PECE).Electronics and Communications Engineering would now be called Electronics Engineering. However, Communications would still be part of the ECE curriculum. Also, you need to pass the licensure exam first before you can affix the ECE title on your name.
Congress of the PhilippinesTwelfth CongressREPUBLIC ACT NO. 9163 January 23, 2002AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM (NSTP) FOR TERTIARY LEVEL STUDENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7077 AND PRESIDENTIAL DECREE NO. 1706, AND FOR OTHER PURPOSESBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:Section 1. Short Title - This Act shall be known as the "National Service Training Program (NSTP) Act of 2001".Section 2. Declaration of Policy - It is hereby affirmed the prime duty of the government to serve and protect its citizens. In turn, it shall be the responsibility of all citizens to defend the security of the State and in fulfillment thereof, the government may require each citizen to render personal, military or civil service.Recognizing the youth's vital role in nation-building, the State shall promote civic consciousness among the youth and shall develop their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism, nationalism, and advance their involvement in public and civic affairs.In pursuit of these goals, the youth, the most valuable resource of the nation, shall be motivated, trained, organized and mobilized in military training, literacy, civic welfare and other similar endeavors in the service of the nation.Section 3. Definition of Terms - For purposes of this Act, the following are hereby defined as follows:(a) "National Service Training Program (NSTP)" is a program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethics of service and patriotism while undergoing training in any of its three (3) program components. Its various components are specially designed to enhance the youth's active contribution to the general welfare.(b) "Reserve Officers' Training Corps (ROTC)" is a program institutionalized under Sections 38 and 39 of Republic Act No. 7077 designed to provide military training to tertiary level students in order to motivate, train, organize and mobilize them for national defense preparedness.(c) "Literacy Training Service" is a program designed to train students to become teachers of literacy and numeracy skills to school children, out of school youth, and other segments of society in need of their service.(d) "Civic Welfare Training Service" refers to programs or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizenry.(e) "Program component" shall refer to the service components of the NSTP as enumerated in Section 4 of this Act.Section 4. Establishment of the National Service Training Program. - There is hereby established a National Service Training Program, which shall form part of the curricula of all baccalaureate degree courses and of at least two (2)-year technical vocational courses and is a requisite for graduation, consisting of the following service components:(1) The Reserve Officers' Training Corps (ROTC), which is hereby made option and voluntary upon the effectivity of this Act;(2) The Literacy Training Service; and(3) The Civic Welfare Training ServiceThe ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of civilians, and adherence to the Constitution, among others. Citizenship training shall be given emphasis in all three (3) program components.The Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA), in consultation with the Department of National Defense (DND), Philippine Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational Associations of the Philippines (COCOPEA) and other concerned government agencies, may design and implement such other program components as may be necessary in consonance with the provisions of this Act.Section 5. Coverage - Students, male and female, of any baccalaureate degree course or at least two (2)-year technical vocational courses in public and private educational institutions shall be required to complete one (1) of the NSTP components as requisite for graduation.Section 6. Duration and Equivalent Course Unit - Each of the aforementioned NSTP program components shall be undertaken for an academic period of two (2) semesters.In lieu of the two (2) semester program for any of the components of the NSTP, a one (1)-summer program may be designed, formulated and adopted by the DND, CHED, and TESDA.Section 7. NSTP Offering in Higher and Technical-Vocational Educational Institutions - All higher and technical-vocational institutions, public and private, must offer at least one of the program components; Provided, that State universities and colleges shall offer the ROTC component and at least one other component as provided herein; Provided, further, that private higher and technical-vocational education institutions may also offer the ROTC if they have at least three hundred and fifty (350) cadet students.In offering the NSTP whether during the semestral or summer periods, clustering of affected students from different educational institutions may be done, taking into account logistics, branch of service and geographical considerations. Schools that do not meet the required number of students to maintain the optional ROTC and any of the NSTP components shall allow their students to cross-enroll to other schools irrespective of whether or not the NSTP components in said schools are being administered by the same or another branch of service in the Armed Forces of the Philippines (AFP), CHED and TESDA to which schools are identified.Section 8. Fees and Incentives - Higher and technical vocational institutions shall not collect any fee for any of the NSTP components except basic tuition fees, which shall not be more than fifty percent (50%) of what is currently charged by schools per unit.In the case of ROTC, the DND shall formulate and adopt a program of assistance and/or incentive to those students who will take the said component.The school authorities concerned, CHED and TESDA shall ensure that group insurance for health and accident shall be provided for students enrolled in any of the NSTP components.Section 9. Scholarships - There is hereby created a Special Scholarship Program for qualified students taking the NSTP which shall be administered by the CHED and TESDA. Funds for this purpose shall be included in the annual regular appropriations of the CHED and TESDA.Section 10. Management of the NSTP Components - The school authorities shall exercise academic and administrative supervision over the design, forumulation, adoption and implementation of the different NSTP components in their respective schools; Provided, That in case a CHED- or TESDA-accredited non government organization (NGO) has been contracted to formulate and administer a training module for any of the NSTP components, such academic and administrative supervision shall be exercised jointly with that accredited NGO; Provided, further, That such training module shall be accredited by the CHED and TESDA.The CHED and TESDA regional offices shall oversee and monitor the implementation of the NSTP under their jurisdiction to determine if the trainings are being conducted in consonance with the objectives of this Act. Periodic reports shall be submitted to the CHED, TESDA and DND in this regard.Section 11. Creation of the National Service Reserve Corps - There is hereby created a National Service Reserve Corps, to be composed of the graduates of the non-ROTC components. Members of this Corps may be tapped by the State for literacy and civic welfare activities through the joint effort of the DND, CHED and TESDA.Graduates of the ROTC shall form part of the Citizens' Armed Force, pursuant to Republic Act No. 7077.Section 12. Implementing Rules. - The DND, CHED and TESDA shall have the joint responsibility for the adoption of the implementing rules of this Act within sixty (60) days from the approval of this Act.These three (3) agencies shall consult with other concerned government agencies, the PASUC and COCOPEA, NGOs and recognized student organizations in drafting the implementing rules.The implementing rules shall include the guideline for the adoption of the appropriate curriculum for each of the NSTP components as well as for the accreditation of the same.Section 13. Transitory Provisions - Students who have yet to complete the Basic ROTC, except those falling under Section 14 of this Act, may either continue in the program component they are currently enrolled or shift to any of the other program components of their choice; Provided, That in case he shifts to another program component, the Basic ROTC course he has completed shall be counted for the purpose of completing the NSTP requirement; Provided, further, That once he has shifted to another program component, he shall complete the NSTP in component.Section 14. Suspension of ROTC Requirement - The completion of ROTC training as a requisite for graduation is hereby set aside for those students who despite completing all their academic units as of the effectivity of this Act have not been allowed to graduate.Section 15. Separability Clause - If any section or provision of this Act shall be declared unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in full force and effect.Section 16. Amendatory Clause - Section 35 of Commonwealth Act No. 1, Executive Order No.207 of 1939, Sections 2 and 3 of Presidential Decree No. 1706, and Sections 38 and 39 or Republic Act No. 7077, as well as all laws, decrees, orders, rules and regulations and other issuances inconsistent with the provisions of this Act are hereby deemed amended and modified accordingly.Section 17. Effectivity - This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of national circulation, but the implementation of this Act shall commence in the school year of 2002-2003.Approved,(Sgd)FRANKLIN M. DRILONPresident of the Senate(Sgd)JOSE DE VENECIA, JR.Speaker of the House of RepresentativesThis Act which is a consolidation of H.B. No. 3593 and S.B. No. 1824 was finally passed by the House of Representatives and the Senate on December 19, 2001.(Sgd)OSCAR G. YABESSecretary of the Senate(Sgd)ROBERTO P. NAZARENOSecretary GeneralHouse of RepresentativesApproved: January 23, 2002(Sgd)GLORIA MACAPAGAL-ARROYOPresident of the Philippines
REPUBLIC ACT No. 4670 June 18, 1966MAGNA CARTA FOR PUBLIC SCHOOL TEACHERSREPUBLIC ACT NO. 4670 June 18, 1966THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERSI. DECLARATION OF POLICY COVERAGESec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance.Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities.As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.II. RECRUITMENT AND CAREERSec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants:(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in Education.(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization with at least eighteen professional units in education;(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization;Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks in said competitive examinations: And provided, finally, That the results of the examinations shall be made public and every applicant shall be furnished with his score and rank in said examinations.Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment.Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the teachers as provided under existing laws.Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another.Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made three months before any local or national election.Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved.Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers.Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:a. the right to be informed, in writing, of the charges;b. the right to full access to the evidence in the case;c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; andd. the right to appeal to clearly designated authorities.No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher's organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration.Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality.Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.III. HOURS OF WORK AND REMUNERATIONSec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: Provided, however, That where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay.Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day.In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular remuneration.The agencies utilizing the services of teachers shall pay the additional compensation required under this section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the teachers shall be paid the remuneration provided for under this section.Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities;(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and(c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such that the relation between the lowest and highest salaries paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end.Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically after three years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years.Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government.Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ.Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under the laws of the Republic of the Philippines.Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible.IV. HEALTH MEASURES AND INJURY BENEFITSSec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. Where medical examination show that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers.In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section.Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teacher's health shall be recognized as a compensable occupational disease in accordance with existing laws.V. LEAVE AND RETIREMENT BENEFITSSec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes.The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation.Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.VI. TEACHER'S ORGANIZATIONSec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests.Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization,(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity.Sec. 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers.VII. ADMINISTRATION AND ENFORCEMENTSec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall take effect thirty days after publication in a newspaper of general circulation and by such other means as the Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance.Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government.Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court.If the offender is a public official, the court shall order his dismissal from the Government service.Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and in effect.Sec. 35. This Act shall take effect upon its approval.Approved: June 18, 1966
REPUBLIC ACT 6969An Act to Control Toxic Substances and Hazardous and Nuclear Wastes, Providing Penalties for Violations Thereof, and for Other PurposesBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:Section 1. Short Title. - This Act shall be known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990."Section 2. Declaration of Policy. - It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals.Section 3. Scope. - This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purposes.Section 4. Objectives. - The Objectives of this Act are:a. To keep an inventory of chemicals that are presently being imported, manufactured, or used; indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment;b. To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments;c. To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use and disposal of toxic chemicals and other substances and mixtures; andd. To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.Section 5. Definition. - As used in this Act:a. Chemical substance means any organic or inorganic substance of a particular molecular identity, including:i) Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature: andii.) Any element or uncombined chemical.b. Chemical mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction, if none of the chemical substances comprising the combination is a new chemical substance and if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined. This shall include nonbiodegradable mixtures.c. Process means the preparation of a chemical substance or mixture after its manufacture for commercial distribution:i) In the same form or physical state or in a different form or physical state from that which it was received by the person so preparing such substance or mixture; orii) As part of an article containing a chemical substance or mixture.d. Importation means the entry of a product or substance into the Philippines (through the seaports or airports of entry) after having been properly cleared through or still remaining under customs control, the product or substance of which is intended for direct consumption, merchandising, warehousing, for further processing.e. Manufacture means the mechanical or chemical transformation of substances into new products whether work is performed by power-driven machines or by hand, whether it is done in a factory or in the worker\'s home, and whether the products are sold at wholesale or retail.f. Hazardous substances are substances which present either:1) short-term acute hazards such as acute toxicity by ingestion, inhalation or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire or explosion; or2) long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some cases result from acute exposure but with a long latent period, resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors.g. Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines.Hazardous wastes shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and as consumer discards of manufactured products.h. Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but does not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, or industrial purpose.Section 6. Functions, Powers and Responsibilities of the Department of Environment and Natural Resources. - The Department of Environment and Natural Resources shall be the implementing agency tasked with the following functions, powers, and responsibilities:a. To keep an updated, inventory of chemicals that are presently being manufactured or used, indicating, among others, their existing and possible uses, quantity, test data, names of firms manufacturing or using them, and such other information as the Secretary may consider relevant to the protection of health and the environment;b. To require chemical substances and mixtures that present unreasonable risk or injury to health or to the environment to be tested before they are manufactured or imported for the first time;c. To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there is a reason to believe that they pose unreasonable risk or injury to health and the environment;d. To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent to their effects on health and the environment;e. To enter into contracts and make grants for research, development, and monitoring of chemical substances and mixtures;f. To conduct inspection of any establishment in which chemicals are manufactured, processed, stored or held before or after their commercial distribution and to make recommendations to the proper authorities concerned;g. To confiscate or impound chemicals found not falling within the standard set by the rules and regulations and the said acts cannot be enjoined except after the chemicals have been impounded;h. To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country;i. To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act;j. To call on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for assistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions;k. To disseminate information and conduct educational awareness campaign on the effects of chemical substances, mixtures and wastes on health and environment; andl. To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Act.Section 7. Inter-agency Technical Advisory Council. - There is hereby created an Inter-agency Technical Advisory Council attached to the Department of Environment and Natural Resources which shall be composed of the following officials or their duly authorized representatives:Secretary of Environment and Natural Resources - ChairmanSecretary of Health - MemberDirector of the Philippine Nuclear Research Institute - MemberSecretary of Trade and Industry - MemberSecretary of Science and Technology - MemberSecretary of National Defense - MemberSecretary of Foreign Affairs - MemberSecretary of Labor and Employment - MemberSecretary of Finance - MemberSecretary of Agriculture - MemberRepresentative from the non-governmental organization on health and safety - MemberThe representative from the non-governmental organization shall be appointed by the President for a term of three (3) years. The council shall have the following functions:a. To assist the Department of Environment and Natural Resources in the formulation of the pertinent rules and regulations for the effective implementation of this Act;b. To assist the Department of Environment and Natural Resources in the preparation and updating of the inventory of chemical substances and mixtures that fall within the coverage of this Act;c. To conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity and effects on health and the environment and make the necessary recommendations to the Department of Environment and Natural Resources; andd. To perform such other functions as the Secretary of Environment and Natural Resources may from time to time, require.Section 8. Pre-Manufacturing and Pre-Importation Requirements. - Before any new chemical substances or mixture can be manufactured, processed or imported for the first time as determined by the Department of Environment and Natural Resources, the manufacturer, processor or importer shall submit the following information: the name of the chemical substances; its chemical identity and molecular structure; proposed categories of use; an estimate of the amount to be manufactured, processed or imported; processing and disposal thereof; and any test data related to health and environmental effects which the manufacturer, processor or importer has.Section 9. Chemicals Subject to Testing. - Testing shall be required in all cases where:a. There is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or environmental exposure thereto;b. There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical substance or mixture; andc. The testing of the chemical substance or mixture is necessary to develop such data.The manufacturers, processors or importers shall shoulder the costs of testing the chemical substance or mixture that will be manufactured, processed or imported.Section 10. Action by the Secretary of Environment and Natural Resources or his Duly Authorized Representative. - The Secretary of Environment and Natural Resources or his duly authorized representative shall, within ninety (90) days from the date of filing of the notice of manufacture, processing or importation of a chemical substance or mixture, decide whether or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use or disposal. The Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture period within a reasonable time.Section 11. Chemical Substance Exempt from the Pre-Manufacture Notification. - The manufacture of the following chemical substances or mixtures shall be exempt from pre-manufacture notification:a. Those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals;b. Those to be produced in small quantities solely for experimental or research and development purposes;c. Chemical substances and mixtures that will not present an unreasonable risk to health and the environment; andd. Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as those which exist as a result of chemical reactions in the manufacture or processing of a mixture of another chemical substance.Section 12. Public Access to Records, Reports or Notification. - The public shall have access to records, reports or information concerning chemical substances and mixtures including safety data submitted, data on emission or discharge into the environment, and such documents shall be available for inspection or reproduction during normal business hours except that the information or particular person thereof confidential and may not be made public when such would divulge trade secrets, production or sales figures or methods, production or processes unique to such manufacturer, processor, or distributor or would otherwise tend to affect adversely the competitive position of such manufacturer, processor or distributor. The Department of Environment and Natural Resources, however, may release information subject to claim of confidentiality to a medical research or scientific institution where the information is needed for the purpose of medical diagnosis or treatment of a person exposed to the chemical substance or mixture.Section 13. Prohibited Acts. - The following acts and omissions shall be considered unlawful:a. Knowingly use in chemical substance or mixture which is imported, manufactured, processed or distributed in violation of this Act or implementing rules and regulations or orders;b. Failure or refusal to submit reports, notices or on the information, access to records as required by this Act, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held;c. Failure or refusal to comply with the pre-manufacture and pre-importation requirements; andd. Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing into Philippine territory, including its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines.Section 14. Criminal Offenses and Penalties. -a)i. The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six hundred pesos (Php600.00) to Four thousand pesos (PhP4,000.00) shall be imposed upon any person who shall violate section 13(a) to (c) of this Act and shall not be covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence;ii. In case any violation of this Act is committed by a partnership, corporation, association or any juridical person, the partner, president, director or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the act of the employees and shall be criminally liable as a co-principal;iii. In case the offender is a government official or employee, he or she shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position.b)i. The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed upon any person who shall violate section 13 (d) of this Act. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence;ii. In the case of corporations or other associations, the above penalty shall be imposed upon the managing partner, president or chief executive in addition to an exemplary damage of at least Five hundred thousand pesos (PhP500,000.00). If it is a foreign firm, the director and all officers of such foreign firm shall be barred from entry into the Philippines, in addition to the cancellation of its license to do business in the Philippines;iii. In case the offender is a government official or employee, he or she shall in addition to the above penalties be deemed automatically dismissed from office and permanently be disqualified from holding any elective or appointive position.c) Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale or distribution of chemical substances or mixtures into or within the Philippines shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of the unlawful act and instruments, tools or other improvements including vehicles, sea vessels and aircraft used in or with which the offense was committed. Chemical substances so confiscated and forfeited by the Government at its option shall be turned over to the Department of Environment and Natural Resources for safekeeping and proper disposal.d) The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited wastes;Any and all means of transportation, including all facilities and appurtenances that may have been used in transporting to or in the storage in the Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its favor.Section 15. Administrative Fines. - In all cases of violations of this Act, including violations of implementing rules and regulations which have been duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment an Natural Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (Php10,000.00), but not more than Fifty thousand pesos (PhP50,000.00) upon any person or entity found guilty thereof. The administrative fines imposed and collected by the Department of Environment and Natural Resources shall accrue to a special fund to be administered by the Department exclusively for projects and research activities relative to toxic substances and mixtures.Section 16. Promulgation of Rules and Regulations. - The Department of Environment and Natural Resources, in coordination with the member agencies of the Inter-Agency Technical Advisory Council, shall prepare and publish the rules and regulations implementing this Act within six months from the date of its effectivity.Section 17. Appropriation. - Such amount as may be necessary to implement the provisions of this Act is hereby annually appropriated and included in the budget of the Department of Environment and Natural Resources.Section 18. Separability Clause. - If any provision of this Act is declared void or unconstitutional, the remaining provisions thereof not affected thereby shall remain in full force and effect.Section 19. Repealing Clause. - All laws, presidential decrees, executive orders and issuances, and rules and regulations which are inconsistent with this Act are hereby repealed or modified accordingly.Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation.