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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 4109 - AN ACT TO
CONVERT THE DIVISION OF STANDARDS UNDER THE BUREAU OF COMMERCE INTO A
BUREAU OF STANDARDS, TO PROVIDE FOR THE STANDARDIZATION AND/OR
INSPECTION OF PRODUCTS AND IMPORTS OF THE PHILIPPINES AND FOR OTHER
PURPOSES Section 1. The Division of Standards under the Bureau of Commerce is hereby converted into a Bureau of Standards under the Department of Commerce and Industry. Sec. 2. The Bureau shall have as its head a Director of Standards and two Assistant Directors, one for technical matters and the other for administrative matters, who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments. There shall be in the Bureau such officials and employees to be appointed by the Secretary of Commerce and Industry as may be necessary to carry out the purpose of this Act: provided, that personnel of the Bureau whose duties and functions are technical in nature shall be exempt from the operation of the Wage and Position Classification Office. Sec. 3. The Bureau shall have charge of the establishment of standards for, and inspection of, all agricultural, forest, mineral, fish, industrial and all other products of the Philippines for which no standards have as yet been fixed by law, executive order, rules and regulations; and the inspection and certification of the quality of commodities imported into the Philippines, to determine the country of origin of the articles which are the growth, raw materials, manufacture, process, or produce, and to determine if they satisfy the buyer's or importer's requirements or specifications for domestic consumption; and to prohibit the discharge and/or release of any article which are the growth, raw materials, manufacture, process, or produce of countries without trade relations with the Philippine government. Physical, biological and/or chemical tests or analyses necessary for the examination of products under the provisions of this Act may be undertaken in any branch of the Government having facilities for the purpose until such time as the Bureau may have its own facilities. Sec. 4. Subject to the general supervision and
control of the Secretary of Commerce and Industry, the Director of
Standards shall possess the general powers conferred by law upon Bureau
Chiefs, and the following specific powers and duties which he may
perform personally or through his duly authorized representatives: Sec. 5. Any person who fails or refuses to comply with a legal summon, or subpoena, or subpoena duces tecum, of the Director of Standards or his duly authorized agent or representative, or refuses to be sworn to, prior to giving testimony of refuses to answer pertinent questions, or gives false or misleading data or information or willful concealment of a material fact, in any investigation made pursuant to subsection (c), (d), (e), (f), and (g) of Section four of this Act, shall be punished by imprisonment of not less than two or more than six months, and by a fine of not less than five hundred nor more than one thousand pesos and deportation if he is an alien, after serving the entire period of his imprisonment: provided, however, that, if the false or misleading data or information shall have been given under oath, the maximum penalty for giving false testimony shall be imposed. Sec. 6. No customs export entry, import entry, declaration, release certificate, manifest, clearance, import permit, or permit to ship abroad and/or discharge shall be issued for any of the products within the purview of Section three of this Act and/or imported commodity, unless it is first inspected in accordance with provisions of sub-sections (b), (c), (d), and/or (e) of Section four of this Act: provided, however, that no product of the Philippines for which a standard has been established and promulgated by virtue of this Act shall be sold and/or disposed of in any manner and/or exported unless and until its standard shall have been certified by the Director of Standards or his duly authorized representatives as conforming to the standard set for, either for local distribution and/or for export: provided, further, that no such certification shall be required upon application under oath by the manufacturer and/or exporter to the Director of Standards that the shipment is in small quantity and the product is not for sale but for private use or consumption only. It shall be the duty and the responsibility of all collectors of customs to enforce the prohibition on the exportation and/or importation of any product hereinabove referred to. Sec. 7. Any public official, employee, individual,
corporation, association, partnership, or firm effecting or abetting
the shipment abroad and/or facilitate the discharge of distribution
and/or sale for domestic consumption of any product in violation of any
of the provisions of Section six of this Act or any rules and
regulations issued therewith, shall be punished by imprisonment of not
less than six months nor more than two years and by a fine of not less
than one thousand nor more than five thousand pesos, and deportation if
he is an alien after serving the entire period of his imprisonment. Sec. 8. The Division of Standards under the Bureau of Commerce is hereby converted and its personnel, appropriation, and share in the appropriations of the Bureau of Commerce, funds, furniture, equipment, properties, supplies, records, assets and liabilities are hereby constituted to the Bureau: and all powers conferred upon, and all duties, functions, and activities assigned to the said division and to the Director of Commerce by virtue of the provisions of Section s one hundred fifty-five, one hundred fifty-six and one hundred fifty-seven of Executive Order Numbered ninety-four, series of nineteen hundred and forty-seven, together with the execution and enforcement of Commerce Administrative Orders on Standardization and inspection of Philippine products already promulgated in accordance with the provisions of the said sections of the executive order, are hereby transferred to the Director of Standards. Sec. 9. In addition to such funds and
appropriation as may be transferred to the Bureau as provided in
Section eight of this Act, there is hereby appropriated, out of any
funds in the National Treasury not otherwise appropriated, the amount
of one million pesos for the salaries, wages, sundry and other
expenses, furniture, and equipment of such personnel of the Bureau as
will be needed and required to carry out the purpose of this Act. Approved: June 20, 1964 |
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